University Policies

Acceptable Use Policy-Information Technology

I. Reason for Policy

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

II. Policy Statement

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

A. Scope

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

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

Technology resources covered by this policy include, without limitation:

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

B. Definitions

Authentication Credentials

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

Computing Facilities

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

e-Services

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

Internet

• All networks external to Fredonia.

Intranet

• All networks internal to Fredonia.

Managed

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

Un-managed

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

Users

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

C. Policy Statement

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

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

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

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

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

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

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

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

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

D. User Accounts

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

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

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

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

E. Resources

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

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

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

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

F. Security & Privacy

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

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

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

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

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

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

G. Laws and Fredonia Policies

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

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

H. Commercial Use

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

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

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

I. Enforcement

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

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

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

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

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

XI. Related Documents, Forms, and Tools

Campus Policies

Information Security Program (PDF)

Information Management and Cyber Security Policy (PDF)

Federal Policies

Gramm-Leach-Bliley Act

FERPA (Family Educational Rights and Privact Act)

HIPPA (Health Insurance Portability and Accountability Act)

FISMA (Federal Information Security Management Act)

XII. Website Address for this Policy

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

V. Authority for Policy

Authority for policies is the President's Cabinet.

Alcohol and Drug Policy

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 possession of, using or distributing drugs or drug related paraphernalia, or in the presence of any of the above, is subject to disciplinary action and criminal action under campus regulations, as well as state and federal law.

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

Bias Crimes Prevention

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

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

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

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

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

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

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

University Police (716) 673-3333

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

Office of Student Conduct (716) 673-3271

Intercultural Center (716) 673-3398

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

Crime Statistics

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

Complaints

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

Zero Tolerance Policy

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

Parental Notification Policy

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

Universal Judicial System

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

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

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

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

Administration Sanction Hearing

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

Administrative Hearing

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

Judicial Board Hearing

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

Procedures for the University Judicial Board

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

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

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

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

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

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

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

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

Policies of the Judicial Board

1. The Judicial Board shall not discuss or review matters under consideration outside of the hearing. Failure of a Judicial Board member to uphold this provision renders such member subject to impeachment procedures by the Student Affairs Committee. Impeachment shall be by a two-thirds vote of that committee. Any violation of this section shall not affect the proceedings of the Judicial Board in a determination of the case.

2. No member of the Judicial Board shall be either a witness before the board or a person previously engaged in formulating the charge or in presenting materials relating to the case.
3. Judicial Board records shall be filed with the Office of Student Conduct and released only with the permission of the Judicial Board, the Director of Student Conduct or the alleged violator. Records shall be kept for seven years.
4. The Judicial Board may adopt bylaws not inconsistent with these rules and regulation upon the affirmative vote of not less than five members.
5. The Judicial Board pool shall be composed of at least twelve members. Approximately six students and six faculty/staff members are appointed for term of one year. Members are appointed by the University President.
6. In order to be eligible, a student must have attained sophomore status (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.

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 Enrollment and Student Services, Sixth Floor, Maytum Hall, (716) 673-3271 or the Office of Academic Affairs, Eighth Floor, Maytum Hall, (716) 673-3335.

Hazing and Initiation or Affiliation with any Organization

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

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

1. Disfiguration to include branding or self-mutilation

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

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

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

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

Investigation of Violent Felony Offenses/Missing Students

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

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

Response and Investigation

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

Motor Vehicles Policies

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

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

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

Fredonia Non-Discrimination Statement

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

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

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

Other Types of Sanctions

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

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

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

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

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

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

Permanent Transcript Notation (Hazing or Other Serious Violations)

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

Personal Safety and Campus Security Committee

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

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

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

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

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

Policy Statement on Religious Absences

The Education Law of New York says, in part:

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

Policy on Sexual Assault

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

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

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

Definition of Consent

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

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

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

Campus Climate Assessment Policy

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

• Student and employee knowledge about:

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

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

Sexual Violence Victim/Survivor Bill of Rights

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

The right to:

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

Options in Brief:

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

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

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

Sexual Violence Response Policy

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

I- Reporting:

• To report confidentially the incident to one of the following University officials, who by law may maintain confidentiality, and can assist in obtaining services (more information on confidential report is available in the Options for Confidentially Disclosing Sexual Violence Policy www.fredonia.edu/sexualassault)

• Anonymously online: http://students.fredonia.edu/upd/updsilent

• Counseling Center, LoGrasso Hall, (716) 673-3424;

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

II- Resources:

• To obtain effective intervention services 

• Counseling Center, LoGrasso Hall, (716) 673-3424

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

• Fred ASSIST, LoGrasso Hall, (716) 673-3396

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

III- Protection and Accommodations:

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

IV- Student Conduct Process:

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

Options for Confidentially Disclosing Sexual Violence

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

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

• Fredonia’s Counseling Center: LoGrasso Hall, (716) 673-3424 

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

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

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

• Off-campus healthcare providers

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

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

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

Privacy versus Confidentiality:
Even Fredonia offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. Fredonia will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

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

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

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

• Whether the accused has a history of violent behavior or is a repeat offender; 

• Whether the incident represents escalation, such as a situation that previously involved sustained stalking, the increased risk that the accused will commit additional acts of violence; 

• Whether the accused used a weapon or force; 

• Whether the victim/survivor is a minor; and 

• Whether we possess other means to obtain evidence such as security footage, and whether the report reveals a pattern of perpetration at a given location or by a particular group. 

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

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

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

Institutional Crime Reporting

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

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

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

Sexual Discrimination and Sexual Harassment

Sexual Harassment Policy

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
Enrollment and Student Services – (716) 673-3271
Student Conduct – (716) 673-3271
Counseling Center – (716) 673-3424
Human Resources – (716) 673-3434

Statement Regarding Fredonia's Celebration of Diversity

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

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

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