Student Rights and Responsibilities

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 were agreed upon by the President of the University, the College Council, the Student Affairs Committee, and the University Senate.

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 expected.

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 Judicial Affairs, 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:

(a) Furnishing false or incomplete information to University offices, officials, or judicial boards.

(b) Failing to appear before a University official or judicial board when directed to appear.

(c) 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.

(d) Refusing to identify one's self when directed by an authorized University official. Students are expected to carry their FREDCard at all times.

(e) Transferring one's own FREDCard to another person for the purpose of that other individual obtaining University services or privileges.

(f) Attempting to obtain or obtaining a University privilege or service to which the student is not entitled.

(g) Providing erroneous information concerning a change in status concerning financial refunds or financial independence from parents or legal guardian.

(h) 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:

(a) 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).

(b) Failing to comply with the final decision of a judicial board or administrative action.

(c) 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.

(d)

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 and/or member of the University community.

2) Engages in or threatens to engage in behavior which poses imminent danger of causing substantial harm to one's self or others.

3) Obstructing or disrupting the teaching, administrative, or public service functions of the University.

4) Obstructing or disrupting disciplinary proceedings or authorized University activities.

(e)  

1) Engaging in any action or situation which endangers or causes substantial harm to the mental or physical health of a member of the University or local community.

2) Creating a situation that results in severe or pervasive harassment of a member of the University 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.

(f) 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 Assault.

(g) 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.

(h) 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.

(i)  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.

(j) Sponsoring or hosting a house party that violates state or local laws, ordinances, or jeopardizes the health and safety of students or others.

(k) Use of speakers or other sound amplifying equipment without approval as to the time and place from the Office of Student Affairs, Campus Life, and/or Residence Life.

(l)

 (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.

(m) Fredonia is a tobacco-free campus. Smoking is not permitted. This includes, but is not limited to; cigarettes, cigars, pipes, hookahs, e-cigarettes, etc.

(n) Ignoring reasonable standards of appropriate behavior, including disorderly conduct.

(o) Engaging in cheating, plagiarism, or collusion on any examination or on assigned work. This is more particularly described in the University Policy on Academic Integrity.

(p) 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.

(q) Viewing, possessing, or distributing child pornography.

(r) Counterfeiting or violating copyright laws.

(s) Illegal or inappropriate use of Fredonia's network or computers. This is more particularly described in the Computer and Network Usage Policy.

(t)  Engaging in unlawful gambling activities under conditions that are contrary to the provisions of state law or any applicable University policy.

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:

(a)

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.

(b) Destruction, mutilation, and defacement of or tampering with books, magazines, library materials or equipment, or computer services or equipment.

(c) 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:

(a) 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.

(b) 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.

(c) 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.

(d) Refusing to vacate a building, street, sidewalk, driveway, or other facility of the University when directed to do so by an authorized official.

(e) Making unnecessary noise or causing noise to be made with objects and instruments, which disturb University functions or community living.

University Policies

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

Bias Crimes Prevention

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 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 Student Affairs, 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: Student Affairs; the Center for Multicultural Affairs; University Police; the Counseling Center; Residence Life; and Judicial Affairs.

If a student wishes to file an informal or formal complaint with the Chief Diversity Officer/Title IX Coordinator, they must do so within 90 calendar days following the alleged discriminatory act or 90 calendar days after a final grade is received, for the semester during which the discriminatory acts occurred, if that date is later. If a complainant elects to have the matter dealt with in an informal manner, the Chief Diversity Officer/Title IX Coordinator will attempt to reasonably resolve the problem to the mutual satisfaction of the parties. If a formal complaint is filed by the student, the Chief Diversity Officer/ Title IX Coordinator refers the complaint to a three-person panel (comprised of Faculty, Staff, and/or Students), which reviews all relevant information. The Chairperson of the panel submits a summary of its findings and the panel’s recommendation(s) for further action to the President. The President then issues a written statement indicating what action they propose to take. Although neither informal nor formal complaints may be made anonymously, Fredonia ensures the privacy of all parties involved.

A student who participates in dispute resolution has the right to do so without fear of retaliation. Retaliation against a student or a witness who has filed a discrimination complaint will result in appropriate sanctions or other disciplinary action as covered by applicable University policies.

If you are a victim of, or witness to, a hate/bias crime on campus, report it to University Police by calling 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 Student Affairs/Judicial Affairs (716) 673-3271

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

Counseling Center (716) 673-3424

Center for Multicultural Affairs (716) 673-3398

For general information on Fredonia security procedures, see the University Police website at http://students.fredonia.edu/upd or call (716) 673-3333 or email University.Police@fredonia.edu.

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 at http://students.fredonia.edu/upd.

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.

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 Student Affairs at (716) 673-3271 or email student.affairs@fredonia.edu.

Permanent Transcript Notation (Hazing, Sexual Violence, and 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.

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.

Policy on 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 Student Affairs and the Director of Judicial Affairs. 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.

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 Student Affairs 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 Judicial Affairs, 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;
  • Student Affairs;
  • Judicial Affairs;
  • 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: 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.

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. 
  • Judicial Affairs, 604 Maytum Hall, (716) 673-3271
• 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 Student Affairs, 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.

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.

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.

 

The Fredonia 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.  Refer to the Student Rights and Responsibilities section of the Student Handbook for the complete Alcohol and Drug Policy.

 

The Fredonia 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."  Residence Life prohibits the possession of 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 the possession of, using or distributing drugs or drug-related paraphernalia is subject to disciplinary action and criminal action under campus regulations, as well as state and federal law.

 

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.

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. This is more particularly described in the Administrative Policy 057.1 section 1. (B) 2.

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

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 Affairs normally informs parents or legal guardians of any alcohol or drug violation involving students under 21.

University 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 Student Affairs 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 Affairs. The complaint must be written and signed and dated. A review by the Office of Student Affairs 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 Student Affairs 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.

Administrative Sanction Hearing

In an administrative sanction hearing, the Director of Judicial Affairs 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 the decision.

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 to the Vice President for Student Affairs. 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 endorsed by a subcommittee of the Student Affairs Committee and 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 to the Vice President for Student Affairs. 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 Affairs.

Step 2: The Office of Student Affairs 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 Judicial Affairs. 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 by the Vice President for Student Affairs.

A student may waive their right to a hearing in writing. In such cases, the Director of Judicial Affairs 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 Affairs 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 Judicial Board shall make their recommendation to the Vice President of Student Affairs, who will then notify the student in writing of the final decision. 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 and sent to the University President.

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 Affairs and released only with the permission of the Judicial Board, the Director of Judicial Affairs 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 (24 credit hours). 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 he or she is on probation at the time of the appointment. No member of the Judicial Board may be a voting member of the Student Association, University Senate, or the Student Affairs Committee.

Policy for Involuntary Leave for Medical/Psychological Reasons

Standards for Involuntary Leave

(a) Authority for the policy: “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 pending a decision by a university hearing board” (Student Rights and Responsibilities, University Catalog).

(b) Proscribed Behavior: Any student who:

1. Engages, or threatens to engage, in behavior which poses imminent danger of causing substantial harm to self and/or others, or

2. Engages, or threatens to engage, in behavior which would cause significant property damage, or directly and substantially impede the lawful activities of others, shall be subject to involuntary withdrawal in accordance with the procedures set forth below.

Procedure for Leave

(a) Upon preliminary investigation, the student may be required to leave the University for a designated period of time. If the student is required to leave it is expected that the student will seek a psychological and/or medical evaluation. This evaluation will be shared with the Office of Student Affairs and/or the Director of the Counseling Center and Director of the Health Center.

(b) In order to return and/or remain in school the student must be evaluated by the Director of the Counseling Center or their designee and/or the Director of the Health Center or their designee. After the meeting the student will need to meet with the Vice President for Student Affairs or their designee. The Vice President for Student Affairs or their designee, in consultation with the Counseling Center and/or Health Center or their designee(s), the Chief of Police or their designee and, if applicable, the Director of Residence Life or their designee, will decide if the student is cleared to return to school. If cleared to return to school, a contract may be developed which prescribes responsibilities of the student. These responsibilities may include: ongoing counseling, removal from or relocation within Residence Life, refraining from alcohol or drug use, etc. Failure to comply with this contract could result in immediate suspension from the University.

Standards for Involuntary Leave

1. Authority for the policy: "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 his/her designee may temporarily suspend an individual pending a decision by a university hearing board" (Student Rights and Responsibilities, University Catalog) .
2. Proscribed Behavior: Any student who:
   1. Engages, or threatens to engage, in behavior which poses imminent danger of causing substantial harm to self and/or others, or
   2. Engages, or threatens to engage, in behavior which would cause significant property damage, or directly and substantially impede the lawful activities of others, shall be subject to involuntary withdrawal in accordance with the procedures set forth below.

Procedure for Leave

Procedure for Leave
(a) Upon preliminary investigation, a student may be required to leave the University for a designated period of time. If the student is required to leave it is expected that the student will seek a psychological and/or medical evaluation. This evaluation will be shared with the Office of Student Affairs and/or the Director of the Counseling Center and Director of the Health Center.

(b) In order to return and/or remain in school the student must be evaluated by the Director of the Counseling Center or their designee and/or the Director of the Health Center or their designee. After the meeting the student will need to meet with the Vice President for Student Affairs or their designee. The Vice President for Student Affairs or their designee, in consultation with the Counseling Center and/or Health Center or their designee(s), the Chief of Police or their designee and, if applicable, the Director of Residence Life or their designee, will decide if the student is cleared to return to school. If cleared to return to school, a contract may be developed which prescribes responsibilities of the student. These responsibilities may include: ongoing counseling, removal from or relocation within Residence Life, refraining from alcohol or drug use, etc. Failure to comply with this contract could result in immediate suspension from the University.

Ex-Offenders Review Board

If a student has answered "yes" to question 19a or b on the SUNY Application for Admissions or has a pending charge of a felony or has been convicted of a felony, additional information will be needed in order to process the admission/reinstatement application.

It is the policy of the State University of New York at Fredonia to require supplemental information from applicants who have been convicted of a felony or who have been dismissed from other colleges due to disciplinary misconduct. This information will be reviewed by the Admissions Review Committee.

The Admissions Review Committee may deny admission to applicants based on an individual's prior conduct or conviction where the admission "would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public" (Corrections Law, section 752). The committee may also recommend the applicant be admitted with or without special conditions relating to major selection, course scheduling, involvement in campus activities or campus housing.

Consensual Relationships (Faculty/Staff and Students)

The University does not encourage intimate consensual relationships between faculty/staff and students, and has a policy prohibiting intimate relationships between faculty and students in their classes, and faculty/staff and students they are directly supervising. The Faculty Handbook provides guidelines regarding this type of relationship and states the following:

"It is the sense of faculty through its University Senate that intimate consensual relationships between University personnel and students create the potential for abuses of authority and for both actual and apparent conflicts of interest."

Students should be aware that if they enter into this type of relationship with University personnel, there may be consequences that impact on their educational experience. This may mean a student thus involved would be unable to take a course from this person or in any way be subject to their supervision authority.

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

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.

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.

Policies on Motor Vehicles

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.

Computer and Network Usage Policy

I. Introduction

Access to modern information technology is essential to the State University of New York's mission of providing the students, faculty and staff of Fredonia 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 using computing systems and software, internal and external data networks, as well as access to the World Wide Web, be made available to the SUNY community. The preservation of that privilege for the full community requires that each faculty and staff member, student, and other authorized user comply with institutional and external standards for appropriate use.

To assist and ensure such compliance, Fredonia establishes the following policy which supplements all applicable SUNY policies, including sexual harassment, patent and copyright, and student and employee disciplinary policies, as well as applicable federal and state laws.

II. Definitions

Authentication Credentials - Assigned User ID/Username and PIN/Password (changed by users) that, used in conjunction, authenticates users to privileged computing facilities and resources.

Computing Facilities - All software applications, mainframes, desktop and mobile computers, networks and computer peripherals licensed, owned or operated by the State University of New York at Fredonia.

Course List - Refers to special purpose list created (when requested) for communication between students enrolled in a specific course and section and the faculty member teaching the course.

Departmental (Majors) List - Refers to a list created (when requested) for a department to communicate with students in their major.

DSL - Digital Subscriber Line (DSL) is a form of high-speed Internet access competing with cable modems. DSL works over standard phone lines and supports data speeds of over 2 Mbps downstream (to the user) and slower speeds upstream (to the Internet).

e-Services - Fredonia terminology relating to electronic services such as e-mail, ANGEL Learning Management System, and electronic library resources.

Internet - All networks external to Fredonia.

Intranet - All networks internal to Fredonia.

List Conduct - Refers to the behavior of a list subscriber in the context of the list as reflected by the subscriber's postings.

List Content - Refers to the theme, topic, or purpose of the list as declared on the list application and/or the theme, topic, or purpose of list postings.

LISTSERV Manager - The Information Technology Services' designated manager of the LISTSERV service.

List Owner - Refers to a person (other than the LISTSERV manager) who has administrative rights to the list. This may or may not be the list sponsor.

List Sponsor - The LISTSERV list applicant (the person who submits the application as designated in item 2) who assumes overall responsibility for and ownership of the list.

Managed - Software and anti-virus upgrades being controlled by a server and "pushed" to the desktop.

Remote Access - Any access to Fredonia's administrative network through a non-Fredonia controlled network, device or medium.

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 computing facilities. Most users are students, faculty and staff members of the State University of New York at Fredonia. Some users are non-campus personnel authorized by the campus to make use of computing facilities, including volunteers for local non-profit agencies, scholars visiting from other SUNY institutions, and the like.

VPN - Virtual Private Network, a way to extend the corporate/production (trusted) network using authentication and encryption.

III. Authorization and Use

A. Authorized Activities

Fredonia computer facilities are a resource for members of the campus community (faculty, staff, students and other affiliated individuals or organizations authorized by Fredonia), to be utilized for work consistent with the instructional, research, and administrative goals of the university as defined in the Fredonia "Missions and Goals" statement.

Use by non-affiliated institutions and organizations shall be in accordance with SUNY Administrative Procedures Manual Policy 007-1: Use of Computer Equipment or Services by Non-affiliated Institutions and Organizations. All who use Fredonia computer facilities have the responsibility to do so in an effective, efficient, ethical, and legal manner, as outlined below.

B. User Accounts

The university grants access to particular computer systems with the assignment of specific user accounts based on educational and business need for access. Every computer user account issued by Fredonia is the responsibility of the person in whose name it is issued.

University-recognized clubs and student organizations may be issued a user account. Faculty advisors shall designate a particular person or persons 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 university disciplinary procedures for misuse. The following include, but are not limited to, examples of theft of services, and subject to penalties described in Section IV.

(1) Acquiring a username in another person's name.

(2) Using a username without the explicit permission of the owner and of Information Technology Services.

(3) Allowing one's username to be used by another person without explicit permission from Information Technology Services.

C. Password Security

It is mandatory that user accounts be kept secure by using strong passwords, keeping passwords secret, and changing the passwords often. Users must set a password which will protect their account from unauthorized use, and which will not be guessed easily. Avoid selecting easily guessable passwords, for example, nicknames, birth dates, and telephone numbers. Users must report to Information Technology Services any use of a user account without the explicit permissions of the owner and Information Technology Services.

D. User Privacy

Fredonia does not generally monitor or restrict material residing on state-owned or non-state owned electronic devices, whether or not such devices are connected to the campus networks. However, devices that are utilized in violation of Fredonia' policies are subject to investigation and disconnection without notice.

No user should view, copy, alter or destroy another's personal or state-owned electronic files without permission (unless authorized or required to do so by law or regulation). Fredonia computing and network resources are designed to protect user privacy; users shall not attempt to circumvent these protections.

Fredonia reserves the right to access all aspects of its computing and network resources, including individual usage to determine if a user is violating this policy or state or federal laws.

E. System Integrity and Denial of Service

Users shall respect the system integrity of campus computing facilities. For example, users shall not intentionally develop or use programs that infiltrate a computing system, or damage or alter the software components of a computing or network system.

F. Resource Accounting

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, email, or print files that do not show the correct username of the user performing the operation.

G. Resource Usage

Office computer equipment is provided by the institution for academic and business use. All equipment is tagged with Fredonia asset tags and inventoried on a yearly basis. Any information stored, processed, or transmitted by this computer may be monitored, used, or disclosed by authorized personnel, including law enforcement.

Office and lab computing facilities must be used in a responsible and efficient manner. Users shall not develop or use procedures that obstruct authorized use by others. Users shall not interfere with computer setups which are intended to keep computer software current and legal, and shall not install personal software. Users shall not use applications that utilize an unusually high portion of the network bandwidth. Users shall avoid wasting computing resources by excessive game playing or other trivial applications; by sending chain letters or other frivolous or excessive messages locally or over the network; or by printing excessive copies of documents, files, images or data. Campus printing must pertain to academic work, personal intellectual growth or administrative business.

H. Copyrights and Licenses

Users shall not violate the legal protection provided by copyrights and licenses held by Fredonia. Users shall not make copies of any licensed or copyrighted computer program found on any Fredonia computer or storage device without the written authorization of Information Technology Services. U.S. federal copyright law grants authors certain exclusive rights of reproduction, adaptation, distribution, performance, display, attribution, and integrity to their creations. Works of literature, photographs, music, software, film, and video works can all be copyrighted. Examples of probable violations of copyright laws include, but are not limited to: making unauthorized copies of any copyrighted material (such as commercial software, text, graphic images, audio, and video recordings); distributing copyrighted materials over computer networks or through other means; resale of data or programs, or the use of them for non-educational purposes or for financial gain; or public disclosure of information about programs (e.g., source code) without the owner's authorization.

I. Restricted Access Systems

Access to selected administrative computers and programs is restricted on a "need-to-know" basis conforming to SUNY policy guidelines. Unauthorized access or attempted access to these machines or data will constitute theft of services and will be subject to the penalties described in Section IV. Authorization for use of these systems is granted solely by Information Technology Services, on behalf of the institution, and reviewed by the campus Security Administrator.

J. Recreational Use

Recreational use of computing facilities, including computer games and social network communication, is allowed only when no other instructional, research, or administrative function requires the use of resources. Persons using a computer for recreational purposes are required to relinquish the computer immediately to someone needing it for academic or administrative purposes.

K. Termination of Access to Fredonia Computing Facilities

Intentional violation of policies contained in this document will result in immediate termination of access. Access will be terminated for:

(1) Complete withdrawal by student from university courses

(2) Current students, 90 days after graduation

(3) Faculty/staff, 30 days after termination of employment

Emeritus faculty and staff retain eligibility for use of Fredonia computing facilities

IV. Limitations on Users' Rights

The issuance of a password or other means of access is to assure appropriate confidentiality of Fredonia files and information and does not guarantee privacy for personal or improper use of university equipment or facilities.

Fredonia provides reasonable security against intrusion and damage to files stored on the central facilities. Fredonia also provides some facilities for archiving and retrieving files specified by users and for recovering files after accidental loss of data. However, the university is not responsible for unauthorized access by other users or for loss due to power failure, fire, floods, etc. Fredonia makes no warranties with respect to Internet services, and it specifically assumes no responsibilities for the content of any advice or information received by a user through the use of Fredonia's computer network.

Users should be aware that Fredonia computer systems and networks may be subject to unauthorized access or tampering. In addition, computer records, including e-mail, are considered "records" which may be accessible to the public under the provisions of the New York State Freedom of Information Law.

V. Services

A. Academic/Administrative and Residential (ResNet) Network

1. Anti-virus Protection

Every computer connected to the campus network will be required to run current anti-virus protection software. Campus-provided "managed" anti-virus protection will be placed on the majority of campus-owned personal computers. The campus provides anti-virus protection software for students to utilize. ResNet students may utilize a "managed" or "un-managed" mode, as owners prefer and as operating systems allow. Non-ResNet student anti-virus protection is un-managed.

It will be the responsibility of "un-managed" clients wishing to use the campus network connectivity to keep anti-virus protection up-to-date. This "un-managed" client group would include:

(a) Campus-owned Macintosh, Linux, and UNIX-based machines

(b) Non-campus owned computers

(c) Student-owned computers for those not wishing to utilize the managed anti-virus protection provided by the campus

In addition, outbound ResNet e-mail will be filtered through a server that will scan and detect viruses.

Information Technology Services and ResNet have the authority to disconnect computers from the network that have been detected as infected. The computer will remain disconnected until the user demonstrates the following: that the machine has been cleaned of viruses/worms, that an appropriate anti-virus product has been licensed for the machine through at least the end of the current academic year, and that the product has been installed and set up to automatically check for and install virus detection updates.

Second and subsequent infractions which result from a lack of an installed, licensed anti-virus product may result in additional penalties.

2. Desktop Upgrades

Every state-owned computer connected to the campus network will have Windows or Macintosh operating systems upgraded or patched by a managed service as applicable.

It will be the responsibility of the "un-managed" clients wishing to use the campus network connectivity to keep all operating systems up-to-date.

3. Network Use

Users shall not utilize the campus network to provide Internet access to any outside source, be it commercial or private.

All Resnet (residential) network users must sign off that they have read this Fredonia Computer and Network Usage Policy before they are permitted access to the network.

Actions detrimental or inappropriate when accessing the university and Internet resources include but are not limited to the following:

Network naming conventions: All student users must use the username assigned by the university ("abcd1234") for the computer name that will be displayed on the network. The description field is required to be left blank.

Shared connections: A network connection supplied by the university is solely for the use of the individual subscriber assigned to that connection. Connections may not be shared among multiple users. All network subscribers cannot use any mechanisms (either hardware or software) to provide network connectivity to non-subscribers. Users shall not utilize the campus network to provide Internet access to any outside source, be it commercial or private. Users are personally responsible for all use of their computers and network connections and will be held accountable for any violations that occur involving their computer or network connections.

Network infrastructure: All adds, moves, and changes of network infrastructure electronics including but not limited to products such as repeaters, hubs, concentrators, bridges, routers, and switches must be coordinated and installed by university personnel. This includes all cabling that is patched into these devices that provide connectivity. Users are prohibited from connecting any device such as a hub, router, switch, or wireless access point to the provided Ethernet jacks in the room to extend connectivity. For example, a user may not use a hub in their room or office to allow them to connect more than two devices to the network at a time.

Assigned IP address: Alterations of any kind to the assigned IP address or related settings, including using an unauthorized IP address, is prohibited. ResNet IP addresses are assigned dynamically and users are not permitted to configure static IP addresses, DNS addresses, etc.

File Sharing: Users are responsible for the security of the system. All student shared files must be password protected. If a user misconfigures the file sharing, others may be able to affect and alter the user's computer. Users are responsible for the content of files that they distribute. Current laws may permit users to be sued for libel, invasion of privacy, software piracy, pornography, and other such crimes. Fredonia is not responsible for any loss of data that may occur if users choose to activate file sharing.

Copyright: Distribution of copyrighted materials such as computer software and music is normally prohibited, except where a portion of copyrighted material may be part of the public domain. In accordance with the Digital Millennium Copyright Act (DMCA) and with HR4137 "An Act to amend and extend the Higher Education Act of 1965 (HEOA), University policy forbids the copying, distribution, downloading, and uploading of copyrighted materials on any personal or College computer system or network. These materials include, but are not limited to, text (including e-mails and web information), graphics, art, photographs, music, film, and software. Violators of the Digital Millennium Copyright Act who have illegally shared copyrighted files are subject to civil penalties of between $750 and $150,000 per song. In the past, pre-litigation settlements offered by copyright owners have ranged from $3,000 to $4,000 and up." Additionally, a court may, in its discretion, grant the copyright owner reasonable attorney fees. 17 USC Section 506 lays out criminal penalties for intentional copyright infringement which can include fines and jail time. Refer to http://www.fredonia.edu/its/DMCA.asp for Fredonia DMCA procedures.

Monetary gain: Network access for monetary gain or for business activities of groups or organizations is prohibited. Re-sale of access or services is prohibited.

Domain registration: The registration of commercial host names to a Network IP address is prohibited.

Servers: Establishing a server or providing a service that over-utilizes the shared bandwidth is prohibited. FTP, Web servers, e-mail servers, and Peer-to-peer are examples of server programs.

Port Scanning: Scanning for computers on any network using port scanners or network probing software, including packet sniffers, is prohibited.

The university networks are monitored and violators of Fredonia policy will be denied service and referred to the proper authority, as noted in Section V of this policy.

4. Wireless Network

The wireless network is not meant as a replacement for the wired network and is not to be used as a primary network connection. The wireless network is meant to extend the wired network for simple uses in areas where wired network access is unavailable. Users are expected to avoid using applications that will use large amounts of network bandwidth. These include servers and file-sharing applications. Users should be aware that Fredonia does not utilize 802.11b/g/n encryption standards on the campus wireless network (i.e. WEP, WPA, WPA2).

There are other electronic devices that use the same 2.4GHz frequency as the Fredonia wireless network. Devices include 2.4GHz cordless phones, microwave ovens, X10 wireless cameras, Bluetooth devices and other wireless LAN equipment. Devices using this technology can cause intermittent failure and loss of service.

The following policies are in addition to the Fredonia campus network usage policies. Actions detrimental or inappropriate when accessing the university and Internet resources include but are not limited to those listed below. 

Users may not extend or modify the network in any way. This includes adding access points and installing bridges, switches, hubs, or repeaters. The university reserves the right to remove or disable any unauthorized access points.

Users will be responsible for all costs associated with purchase, installation, operation, and support of wireless adapters in client computers.

Any attempt to break into or gain unauthorized access to any computers or systems from a wireless connection is prohibited.

Running any unauthorized data packet collection programs on the wireless network is prohibited. Such practices are a violation of privacy and constitute theft of user data.

The institution has the right to limit bandwidth on a per connection basis on the wireless network, as necessary, to ensure network reliability and fair sharing of network resources for all wireless users.

Any effort to circumvent the security systems designed to prevent unauthorized access to any Fredonia wireless network may result in the suspension of all access and an appearance before the appropriate disciplinary board.

For more information regarding the campus wireless network including recommended computing habits and wireless coverage on campus, please visit the following website: http://home.fredonia.edu/its/wireless.

B. Electronic Mail

1. University Use of Electronic Mail

Electronic mail (email) is a mechanism for official communication for Fredonia. The university expects that such communications will be received and read in a timely fashion.

2. Official University E-Mail Accounts

An official university e-mail account is one in which the address ends with "fredonia.edu." All students, faculty and staff are assigned an e-mail address and account. The e-mail address is directory information. As with other directory information, in compliance with federal Family Educational Rights and Privacy Act (FERPA) regulations, any student may request that his or her official e-mail address be restricted in its access.

3. Expectations for Use of Email

Students, faculty, and staff have the responsibility to use this e-mail in an efficient, effective, respectful, ethical and lawful manner. Students, faculty, and staff are expected to check their e-mail on a frequent and consistent basis in order to stay current with university-related communications. Unit heads that have exempted employees from the requirement of having an official e-mail account must make arrangements for alternative methods of access to official communications. Students have the responsibility to recognize that certain communications may be time-critical. "I didn't check my e-mail," error in forwarding mail, or e-mail returned to the university with "Mailbox Full" or "User Unknown," are not acceptable excuses for missing official university communications via e-mail.

4. Redirecting of E-mail

If a student, faculty or staff member wishes to redirect e-mail from their official @fredonia.edu address to another email address (e.g., @aol.com, @hotmail.com), they may do so, but at their own initiative and risk. The university will not be responsible for the handling of e-mail by non-SUNY providers. Redirecting email does not absolve students, faculty, or staff from the responsibilities associated with official communication sent to their @fredonia.edu account.

5. Authentication for Confidential Information

It is a violation of university policies, including the Student Code of Conduct, for any user of official e-mail addresses to impersonate a university office, faculty/staff member, or student. To minimize this risk, some confidential information may be made available only through "Your Connection" which is password protected. In these cases, students will receive email correspondence directing them to "Your Connection," where they can access the confidential information by supplying their Fredonia ID and PIN. The confidential information will not be available in the email message.

6. Privacy

Users should exercise extreme caution in using email to communicate confidential or sensitive matters, and should not assume that e-mail is private and confidential. It is especially important that users are careful to send messages only to the intended recipient(s). Particular care should be taken when using the "reply" command during email correspondence.

7. Educational and Administrative Uses of Email

Faculty will determine how electronic forms of communication (e.g., e-mail, discussion boards, etc.) will be used in their classes, and will specify their requirements in the course syllabus. The official e-mail policy ensures that all students will be able to comply with email based course requirements specified by faculty. Faculty can therefore make the assumption that students' official @fredonia.edu accounts are being accessed and faculty can use email for their classes accordingly.

Administrative offices will determine how email communications will be used for administrative purposes.

8. University Announcements

Approval and transmission of email containing essential university announcements to students, faculty and staff must be obtained from the appropriate authority. Only the offices of vice presidents or the University President can authorize the sending of broadcast messages to a wide audience of students, faculty and staff. Mass mailing communications to external fredonia.edu audiences must be accomplished utilizing an appropriately identified third-party service to mitigate the placement of fredonia.edu email servers on spam blacklists.

9. Ownership/Administration

The State University of New York at Fredonia owns all email accounts run on its system. Under certain circumstances it may be necessary for the Information Technology Services staff or other appropriate university officials to access email files to maintain the system, and to investigate security or abuse incidents or violations of other institutional policies. Such access will be on an as-needed basis and any email accessed will be disclosed only to those individuals with a need to know or as required by law. While incidental non-business personal use of email is acceptable, conducting business for profit using university resources is forbidden. Quota, maximum message size, message retention settings, time-out settings, maintenance times, and other email guidelines will be set as appropriate for the anticipated volume and platform scaling. The need to revise settings will be monitored with recommended changes as appropriate. (See e-mail guidelines at http://www.fredonia.edu/helpdesk/email.)

10. Termination

Email accounts are provided to students, faculty and staff as a component of electronic services while enrolled or employed. See Section III K. of this policy. In certain cases, employee email accounts may be continued for a longer period or forwarded for appropriate business conclusions.

11. Violations/Abuses

Violation or abuse of the policy may result in restriction of access to Fredonia's email system and/or other appropriate disciplinary action.

C. LISTSERVS

1. Establishing a LISTSERV List

List content must reasonably reflect the responsibilities, field of expertise, research, or study of the list sponsor as it relates to his/her function at the university.

List sponsors and owners are expected to abide by all computing resource usage policies put forth by Fredonia.

2. List Sponsorship/Ownership

Only permanent faculty/staff of the university may sponsor a list.

List owners are responsible for adequately communicating to the list membership (usually in the form of a charter/welcome message sent to all new subscribers) the guidelines for list posting. Owners should also ensure that their subscribers are aware of certain important list configuration settings (e.g., who can post, who can subscribe, etc.)

List owners are responsible for ensuring appropriate membership, as related to university functions.

List owners are responsible for updating the subscriber list and removing or suspending invalid or problematic addresses.

Institutional lists (i.e., announcements, news, Proftalk) will be maintained by the Information Technology Services LISTSERV manager.

3. List Content and Copyright

List subscribers, owners and all others with list posting privileges are expected to observe all applicable copyright restrictions when posting any material that is not their own. The use of a mailing list to distribute any material (including binary files) in violation of copyright or licensing is strictly prohibited.

4. List Expiration and Renewal

All lists, except for class lists, expire on a yearly basis at the end of each spring semester (the week after the end of final exams). Class lists expire at the end of each semester (the week after the end of final exams). Lists that are less than three (3) months old at the time of expiration will not expire until the end of the following semester or academic year, whichever applies.

All list owners will be notified by e-mail at least four weeks prior to the expiration date. In order to renew a list, the list owner must reply to the notification stating his/her intent to renew the list.

If after two expiration notices the list owner has not declared intent to renew, the list will be deleted.

5. List Removal and Deletion

A list may be deleted at any time by the LISTSERV manager at the request of the list sponsor.

Information Technology Services reserves the right to delete lists that: (1) are misused; (2) do not comply with established policy; (3) pose a threat to system security or integrity. In such cases, the LISTSERV manager will attempt to notify the list sponsor and/or primary owner prior to the deletion of the list.

6. Information Technology Services' Rights

Information Technology Services provides LISTSERV mailing lists as a service to the university community. As such, Information Technology Services reserves the right to make alterations in the service at any time for the sake of the common good of all users.

The LISTSERV manager reserves the right to make changes to any list's configuration without notice in the following cases (not exhaustive): (1) to correct errors; (2) to make preferred changes or improvements; (3) where the list owner has been negligent or lax in conducting required list maintenance.

The LISTSERV manager reserves the right to restrict or deny any user's access to or privileges on LISTSERV with due cause. The LISTSERV software may automatically and selectively deny service to users based on bounced or excessive e-mail or other detected problems.

D. The University Website

1. The University Website and Use of the Web Servers

The Fredonia website, which begins at the home page http://www.fredonia.edu, is a volume of documents on several servers created by diverse authors which, as linked, represents the university as an official publication.

All departmental or student group web pages are part of the official university website, and are screened, monitored, coordinated, supervised, and controlled by the university webmaster, who retains the right to edit the pages.

All official university web pages must be designed to meet standards of technology or content set by the university webmaster or any overriding authority such as SUNY or New York State.

All authorized users of the web servers (for official or personal pages) will be restricted to 7 megabytes of hard drive space per folder, and all space is to be dedicated to web page use only. The university may allow authorized individuals more than 7 megabytes of space if a legitimate academic need is described to the webmaster. No personal file storage or other file activity is permitted on the web servers.

When notified that they are exceeding the 7-megabyte limit, authorized users must delete a necessary amount of material in a time period specified by the webmaster or risk deletion of all files.

Except that access is gained by request, web server and website user responsibilities and access policies are the same as those under section III, IV and VI of this document.

All personal and official web pages will be free of content articulated in sections I and II of this document, in addition to pornography, hate speech, and non-university sponsored e-commerce.

Any official or personal web pages that employ technological features beyond HTML, Java, JavaScript, client-side VBScript and CSS must be submitted for review and approval to the university webmaster.

Web pages using applications such as ASP must be submitted for review and approval by the university webmaster.

World-wide write access is prohibited on any personal or official page.

When a violation of these policies occurs, Fredonia reserves the right to remove any and all contents in any files or folders on the web server without advance notice or consultation, and to revoke server permissions to any authorized user.

Incidences of violations found by the webmaster may be reported to appropriate university authorities.

 All university-based groups (including student groups) who select external web developers will be responsible for overseeing and maintaining quality control procedures and meeting the standards of technology and content set by the university webmaster or any overriding authority such as SUNY or New York State. External developers, with no current, formal or direct affiliation with the university, will not be authorized to possess individual accounts on the university's web servers. All departments or student groups who choose to have an external developer work on their web pages must contact the Help Desk prior to commencing work.

All web pages, images or files that are located on the university web servers must be maintained and updated to reflect current and accurate content. In no instances should the web servers be utilized for storage or archiving purposes. Files that are no longer active or current must be removed from the university web servers periodically, upon the request of the university webmaster, or risk removal as deemed appropriate by the webmaster. The webmaster will periodically remind the campus community to purge its web server directories of all inappropriate or out-of-date files.

Web publishers are responsible for the content of the pages they publish on the university web server and are expected to abide by the highest standards of quality and responsibility. Content must be relevant to the university. Web authors and publishers are required to comply with all Fredonia university policies, as well as all local, state, and federal laws concerning appropriate use of computers and the Internet. Departmental web pages must conform to the design standards set forth by the university. See Guidelines for Developing and Publishing New Web Pages at: http://www.fredonia.edu/pr/web/guidelines.asp.

The purpose of the web page is to provide information to students and colleagues and must contain the following as a minimum:

All TITLE tags located within HTML files must use the following format to foster consistency, clear page identification, and increase rankings in search engines:

TITLE FORMAT: Page Title – Departmental Name, Fredonia

Example: <TITLE>Electronic Journals, Daniel A. Reed Library, Fredonia</TITLE>

All web pages must include the university name "State University of New York at Fredonia," or "Fredonia." Rationale: This will help identify the location if the user has entered the website without going through the home page.

All pages must include a link back to the Fredonia home page (http://www.fredonia.edu).

In no instances should file names include spaces. Hyphens (-), underscores (_), alpha and numbers 0-9 are permissible.

Correct Examples: FileName.HTML, File_Name.HTML

Incorrect Example: File Name.HTML

All web pages must meet the minimum web accessibility requirements as set forth under Section 508 of the Rehabilitation Act, and mandated by the New York State Office for Technology Policy 99-3. The policy requires that all New York State agencies' websites provide universal accessibility to persons with disabilities.

All pages must include the following Meta tags for searching and identification purposes. If assistance is required, the following code example should be used (copy and paste the code below) and all underlined information replaced with keyword and a description that are specific to the web page being created.

<HEAD>

<META NAME="keywords" CONTENT=

"Include important keywords from your web page here (i.e., SUNY, public, higher education, Fredonia, America's Best Colleges, Blue Devils, music, liberal arts, Chautauqua County)"><META NAME="description" CONTENT="Include a brief description of your web page here (i.e., Fredonia is a four-year comprehensive, public, liberal arts university in the Northern U.S., known for bachelor's degree programs in music and education, and named one of America's Best Colleges)">

</HEAD>

The university will host websites for non-university, non-profit organizations as long as their function is relevant to the overall university mission, and as long as there is an active member of the Fredonia campus community (faculty or staff holding a current appointment) who will serve as the sponsor for that website. Sponsors will be issued a special group account that may be used by the web developer, and sponsors will be responsible for maintaining and monitoring the organization's web pages. All new websites or web pages must be submitted by the sponsor for review and approval to the university webmaster prior to uploading to the university servers. Sponsors must also notify the university webmaster any time the content on any of the pages has been modified. These non-campus hosted websites must comply with all the policies that are required of official university web pages. The university webmaster reserves the right to edit content and revoke server permissions to any authorized user who does not abide by the policies set forth by Fredonia.

2. Personal Web Pages

Users may create their own homepages. Faculty and students will have FTP (File Transfer Protocol) access to a personal directory on the university server where they can maintain their own homepage files. Under no circumstances should personal space and/or files be shared with other users. In designing a personal homepage, persons should keep in mind that homepages may not be used for personal profit, nor to violate copyright, pornography or any other state or federal laws. The university reserves the right to monitor all work on the server and remove any personal homepage or files it determines have violated any of the policies. In addition, failure to comply with computing policies could, in some cases, lead to disciplinary action or criminal prosecution.

3. Blog and Forum Standards on Fredonia's Website

Fredonia Website Services provides server space and forum and web log or blog services in support of scholarly, academic, extra-curricular and professional communications conducted by members of the university community who have network accounts. Standards for posting behavior:

Content should be free of vulgar, racist, sexist, homophobic, or otherwise objectionable matter, including personal attacks against named individuals.

Posts should stay on-topic and be faithful to the theme or purpose of the blog or forum.

The following statement must appear on all blog and forum pages: "The views and opinions expressed in this page are strictly those of the page author(s). The contents of this page have not been reviewed or approved by Fredonia."

Fredonia reserves the right to require blog and forum administrators to use university-approved templates for all hosted pages.

When blog and forum content violates university website policy or local, state or federal law, Fredonia reserves the right to remove such content or the blog or forum itself. Fredonia also reserves the right to do the same at its sole discretion when it is indeed appropriate to do so.

E. ANGEL Learning Management System

ANGEL policy will address items not already covered by another policy or regulation.

Access defaults should mirror Banner data accessibility rules:

Faculty can see profile data (address, phone number) for students in their classes.

Students can see profile for faculty.

Directory information will be available to authenticated users.

Students who request confidentiality of directory information via the Registrar will be granted confidentiality in ANGEL and indicated as confidential to faculty.

Banner data determines ANGEL course enrollments with a nightly add/drop. Accounts and Roster entries are added nightly. Drops and withdrawals are marked as "disabled" in the ANGEL course roster. There will be no self-enrollment for students in courses. Faculty may allow access to others at their discretion. Courses are searchable and accessible to students upon creation.

Undergraduate students are not authorized to access the ANGEL Gradebook. This item is currently under review and will be audited until a final decision is made.

Students will be allowed the role of Group Leader and will be able to request a group be made for online collaboration from any Fredonia employee who agrees to sponsor their online group. Student Group Leaders can add members to the group if they know the Fredonia e-mail address of the potential member. They will not be able to list ANGEL accounts or educational records. They will only see directory information.

Librarians will have access to courses for those who request reserve materials. Reserve readings will be published to ANGEL courses regardless of whether the instructor uses ANGEL for the class. Permission is granted to library staff by the instructor via the reserve request form.

Campus members may submit public items (news, events, forums, polls, surveys) to the ANGEL Administrator to post in Public Areas of ANGEL. Items will be selected based on their academic nature and relevance to a general student audience. Policy for increased access to public components is being developed.

Fredonia ID photos will be added to ANGEL to allow instructors to view photos of students enrolled in their classes.

Campus members may request guest ANGEL accounts by e-mailing the ANGEL Administrator. This item is being reviewed by the Electronic Services Group.

At this time, there are no plans to delete ANGEL accounts. When students graduate, their accounts will be disabled and categorized as ALUMNI. These accounts may be activated as part of the Eportfolio implementation. Employees who leave and students who don't return will also be disabled and categorized as EX.

Groups will automatically be created for Departments and Advisors based on Banner data.

Data purge policies are under development.

F. Virtual Private Network

Fredonia Information Technology Services provides a Virtual Private Network (VPN) primarily for Information Technology Services staff to remotely and securely monitor and administer systems as necessary. The following standards are designed to minimize the potential exposure to Fredonia from damages, which may result from unauthorized use of Fredonia resources. Damages include the loss of sensitive or university confidential data, intellectual property, damage to public image, damage to critical Fredonia internal systems, etc.

Limited VPN use is provided for employee administrative access to confidential databases when remote work-related business is absolutely necessary, and when the employee has Cabinet-level approval for such access. Employees with VPN privileges understand and agree to the following:

It is their responsibility to select, coordinate installation of, and pay associated fees for high-speed connectivity (DSL) through an Internet Service Provider (ISP).

It is their responsibility to ensure that unauthorized users are not allowed access to Fredonia internal networks via their VPN.

VPN use is controlled using password authentication.

VPN gateways will be set up and managed by Fredonia ITS, and only ITS-approved VPN clients may be used.

By using VPN technology with personal equipment, users understand that their machines are a de facto extension of Fredonia's network, and as such are subject to the same rules and regulations that apply to Fredonia-owned equipment, i.e., their machines must be configured to comply with all Fredonia Security Policies, including the latest operation system security patches and anti-virus software definitions.

Desktop support and connectivity issues related to VPN access are provided by Information Technology Services on state-owned equipment only.

VI. Unauthorized Use

Violation of these regulations is unethical and may constitute a criminal offense.

Offenses will be dealt with according to any or all of the following: applicable federal laws, Chapters 156 and 165.15 of the New York State Penal Law; the Fredonia Student Rights and Responsibilities ; other laws, regulations, and policies of the campus, the State University of New York, the State of New York and the United States of America. Offenses may result in the suspension or permanent closing of usernames, campus disciplinary action, legal action and/or other action.

When Information Technology Services or the Residential Network (ResNet) Office becomes aware of a possible violation, the university will initiate an investigation in conjunction with the campus Security Administrator and/or relevant campus offices including the Office of Student Affairs, Human Resources Office, and University Police. 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. ResNet reserves the right to temporarily suspend a user's Internet connection pending the outcome of any required Administrative Sanction Hearing.

The following include, but are not limited to, examples of unauthorized use:

A. Academic Dishonesty

Practicing any form of dishonesty through use of computing facilities (for example, cheating, plagiarism, or fraud) is prohibited.

B. Harassment

Using computers or networks to harass, abuse or intimidate another person is prohibited. Users shall not develop or use programs that harass other users. Users shall be sensitive to the public nature of shared facilities, and take care not to display on screens in such locations images, sounds or messages that could create an atmosphere of discomfort or harassment for others.

C. Obscenity

Obscene language in electronic mail, messages, process names, file names, file data, and other publicly visible forms is prohibited.

D. Child Pornography

Federal Child Pornography Law makes it illegal to create, possess, or distribute graphic depiction of minors engaged in sexual activity, including computer graphics. Computers storing such information can be seized as evidence.

E. Pornography

Pornography in electronic mail, file data, web sites, and other publicly visible forms, is prohibited.

Revised policy approved by the authority of the President's Cabinet March 2010. s/Computer and Network Usage Policy March 2010.doc

Sexual Discrimination and Sexual Harassment

Sexual Harassment Policy

As an educational institution, the State University of New York at Fredonia is committed to maintaining a campus environment where all members of the academic community are able to work and pursue collegial study in an atmosphere of mutual respect, civility and trust. Any violation of this trust damages the institution’s educational mission by undermining the freedoms of inquiry and expression. We must make it unmistakably clear to every member of the faculty and academic staff, to every employee and every student that sexual harassment and discrimination will not be tolerated here on this campus.

As a form of discrimination, sexual harassment is a violation of both federal and New York State laws, including Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and New York Human Rights Act of 1982.

Scope:
This policy applies to all students, administrators, faculty, staff and guests of Fredonia.

All members of the community are encouraged to report any incidents of sexual discrimination or harassment of which they become aware that compromises the well-being of an individual or the campus community.

Defining Sexual Harassment:
Sexual Harassment in the Employment Setting is defined as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when any of the following occurs:

1. Submission to such conduct is made a term or condition of an individual's continued employment, promotion or other condition of employment.
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting an employee or job applicant.
3. Such conduct is intended to interfere with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual Harassment in the Educational setting is defined as:
Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of gender, the student's ability to participate in or to receive benefits, services, or opportunities in the educational institution's program.

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)
University Police – (716) 673-3333
Student Affairs – (716) 673-3271
Judicial Affairs – (716) 673-3271
Counseling Center – (716) 673-3424
Human Resources – (716) 673-3434

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:

   (a) 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;

   (b) physically restrain or detain any other person, nor remove such person from any place where they are authorized to remain;

   (c) willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use such property without authorization;

   (d) without permission, expressed or implied, enter into any private office of an administrative officer, member of the faculty or staff member;

   (e) 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;

   (f) without authorization, remain in any building or facility after it is normally closed;

   (g) refuse to leave any building or facility after being required to do so by an authorized administrative officer;

   (h) obstruct the free movement of persons and vehicles in any place to which these rules apply;

   (i) 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;

   (j) 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;

   (k) willfully incite others to commit any of the acts herein prohibited with specific intent to procure them to do so; or

   (l) 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.

   (a) 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.

   (b) 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:

   (a) 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.

   (b) If they are a trespasser or visitor without specific license or invitation, be subject to ejection.

   (c) 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.

   (d) 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.

   (e) 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.

   (f) 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.

   (a) 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.

   (b) 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.

   (c) 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.

   (d) 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.

   (e) 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.

   (f) 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.

   (a) 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.

   (b) 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).

   (c) 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.

   (d) 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.*

   (a) 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.

   (b) 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.

   (c) 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.

   (d) 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.

   (e) 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.

   (f) 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.

   (g) 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.

   (h) 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.

   (i) 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.

    (a) 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.

    (b) 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.

    (c) 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.

    (d) 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.

    (e) 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.

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 Student Affairs.