STUDENT CODE OF CONDUCT - Academic Year 2020-2021 Office of Community Standards and Counseling
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STUDENT CODE OF CONDUCT
Academic Year 2020-2021
Office of Community Standards and Counseling
Student Center Room 1155
585.785.1211
Endorsed by Academic Senate: May 2020
Approved by Board of Trustees: August 2020
Table of Contents INTRODUCTION ………………………………………………………………………………………………………………………………........1 STUDENT RIGHTS ……………………………………………………………………………………………………………………………………1 Freedom to Learn …………………………………………………………………………………………………………………………………..1 Freedom to Participate in the College Community ………………………………………..………………………………….……1 Personal Freedom …………………………………………………………………………………………………………………………….......2 Religious Freedom ………………………………………………………………………………………………………………………………….2 STATEMENT OF JURISDICTION ……………………………………………………………………………………………………………....2 STANDARD OF EVIDENCE ……………………………………………………………………………………………………………………….3 RIGHTS UNDER THE CODE OF CONDUCT ………………………………………………………………………………………………..3 Right to a Hearing …………………………………………………………………………………………………………………………………..3 Right to Witnesses and Evidence …………………………………………………………………………………………………………….4 Right to Not Respond ……………………………………………………………………………………………………………………………..4 Right to an Advisor ………………………………………………………………………………………………………………………………….4 Right to Appeal ……………………………………………………………………………………………………………………………………….4 NON DISCRIMINATION POLICY ……………………………………………………………………………………………………………….4 Policy Statement …………………………………………………………………………………………………………………………………….4 Applicability of Policy ………………………………………………………………………………………………………………………………4 Complaint and Investigation Procedure ………………………………………………………………………………………………….5 Prohibition Against Retaliation ……………………………………………………………………………………………………………….5 Sexual Harassment Prevention ……………………………………………………………………………………………………………….5 Definition of Sexual Harassment …………………………………………………………………………………………………………….6 Decision Tree ………………………………………………………………………………………………………………………………………….7 Examples of Sexual Harassment ……………………………………………………………………………………………………………..8 Accommodation of Disabilities ……………………………………………………………………………………………………………….9 Discriminatory Harassment …………………………………………………………………………………………………………………….9 Jurisdiction ……………………………………………………………………………………………………………………………………………10 Applicable Scope …………………………………………………………………………………………………………………………………..10 Civil Right Compliance Officer (CRCO) …………………………………………………………………………………………………..10 Definitions …………………………………………………………………………………………………………………………………………….12 Reporting Discrimination or Sexual Harassment ……………………………………………………………………………………14 Supportive Measures ……………………………………………………………………………………………………………………………14 Reporting Requirements under Title IX …………………………………………………………………………………………………15 Confidential Reporting under Title IX for Students ………………………………………………………………………………..16 Semi-Confidential Options under Title IX for Students ………………………………………………………………………….16 Need to know ……………………………………………………………………………………………………………………………………….17 Federal Timely Warning Obligations ……………………………………………………………………………………………………..17 False Allegations …………………………………………………………………………………………………………………………………..18 Amnesty for Student Reporting …………………………………………………………………………………………………………….18 Parental Notification (allegations involving students) ……………………………………………………………………………18 Federal Statistical Reporting Obligations ……………………………………………………………………………………………….18 Records …………………………………………………………………………………………………………………………………………………18 Legal Protections And External Remedies ……………………………………………………………………………………………..18 New York State Division of Human Rights (DHR) ……………………………………………………………………………………18 Resources ……………………………………………………………………………………………………………………………………………..19 DISCRIMINATION OF STUDENTS ON THE BASIS OF PREGNANCY, CHILDBIRTH AND RELATED CONDITIONS ...................................................................................................20 Statement on Sexual Misconduct............................................................................. ...................................20
Statement on Gender Identity ....................................................................................................................21 Students’ Bill of Rights…………………………………………………………………………………...........................................22 STANDARDS OF CONDUCT - RULES AND REGULATIONS ………………………………………………………………………..22 Filing a Complaint …………………………………………………………………………………………………………………………………22 Prohibited Conduct ……………………………………………………………………………………………………………………………….23 Sanctions ………………………………………………………………………………………………………………………………………………27 CONDUCT PROCEDURES ……………………………………………………………………………………………………………………….32 Hearing Procedures ………………………………………………………………………………………………………………………………32 Review Procedures for Interim Measures ……………………………………………………………………………………………..33 Appeals and Appeal Process …………………………………………………………………………………………………………………34 CONDUCT FILES AND RECORDS …………………………………………………………………………………………………………….37 MISCELLANEOUS …………………………………………………………………………………………………………………………………..37 Confidentiality ………………………………………………………………………………………………………………………………………37 Refund Policy ………………………………………………………………………………………………………………………………………..37 APPENDIX A Alcohol and Drug Sanction Listing …………………………………………………………………………………………………………38 APPENDIX B Advisors ………………………………………………………………………………………………………………………………………………..41 APPENDIX C Student Conduct Process for Sexual Misconduct Cases …………………………………………………………………………42 Investigation Procedures ………………………………………………………………………………………………………………………43 Sanctions ………………………………………………………………………………………………………………………………………………45 Interim Suspension ……………………………………………………………………………………………………………………………….46 Appeals …………………………………………………………………………………………………………………………………………………47
INTRODUCTION Finger Lakes Community College serves as a dynamic learning resource, empowering our students to succeed and fueling the cultural and economic vitality of the region. To help promote a safe and civil campus environment, Finger Lakes Community College expects ALL students to follow the Student Code of Conduct (hereinto referred to as “the Code”). The Code outlines the educational processes of the College that address behavior(s) not consistent with its tenets. The Code embraces several important values: the rights of free speech and peaceable assembly; the freedom of inquiry and the right to make constructive criticism; the central importance of honesty to this community; and the desire that all students participate on campus in an environment that respects differences of race, color, ethnicity, 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. Students are expected to abide by the p o l i c i e s of the College and to conduct themselves in accordance with accepted standards of good citizenship, respect, honesty, and decency, and with proper regard for the rights of others. Students must also obey federal, state, and local laws, as would any good citizen. The maintenance of harmonious community standards requires that behavior, which interferes with or threatens the welfare of others or the College community be prevented. Ignorance of these standards will not be considered a valid excuse or defense. Student participation in any unlawful or other serious violations of College policy may lead to suspension or dismissal from the College. The Code enumerates the rights and responsibilities of students, behaviors prohibited on or off campus, possible sanctions, and the procedures adopted by the College for addressing student conduct. A student attending FLCC agrees to be governed by this Student Code of Conduct, as well as other College policies. All students at FLCC have access to the Student Code of Conduct. Copies of the Code are available online at www.flcc.edu/offices/judicial/code-of-conduct and from the Office of Community Standards and Counseling (Student Center 1155). Students who have questions about the Student Code of Conduct are encouraged to contact the Director of Community Standards & Counseling at 585.785.1211. STUDENT RIGHTS Freedom to Learn In accordance with Federal regulations, the New York State Human Rights Law, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, and Title VI and Title IX of the Higher Education Act, Finger Lakes Community College has adopted an internal due process procedure providing for prompt and equitable resolution of complaints alleging discrimination on the basis of race, color, ethnicity, 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 in its educational programs, activities, admissions, and employment policies. The name of the current Affirmative Action Officer is available from the Human Resources Office. The ultimate criterion for admission shall be the student’s ability to benefit from the educational experience. Neither student nor instructor shall be deprived of the tenets of academic freedom, including open discussion and investigation, and the College shall be ever conscious of and shall promote the motto of the State University System - “To Learn - To Search - To Serve.” Instructors shall evaluate student performance according to current academic guidelines and students shall have the right to challenge a grade or academic treatment in the classroom according to the procedures outlined in the Student Academic Grievance policy. Freedom to Participate in the College Community 1|Page
Student representatives shall be voting members of the College Governance System, its standing committees, and voting members of the Finger Lakes Community College Student Corporation. Students may also form student clubs and organizations, subject to the provisions and approval of the Finger Lakes Community College Student Corporation. Advisors shall serve as consultants for student groups and organizations. Students shall have the right to assembly and the right to invite speakers and guests and to discuss issues of their choice. Appropriateness of such assemblies and any dispute regarding such appropriateness must be referred to the Director of Community Standards &Counseling. No student gathering or assembly shall physically obstruct the movement of others, deprive others of the opportunity to speak or be heard, represent their views as the views of the College, or disrupt the educational or institutional process in ways, which interfere with the freedom of others. Any event held on the FLCC campus or FLCC campus centers and which has been promoted to the general public will require all individuals to provide identification. FLCC students are responsible for the behavior of their guest(s) while on FLCC premises. Personal Freedom The College shall not act as the arbiter of personal behavior or morals unless the conduct in question violates the rights of others, the mission of the College, and/or these policies and procedures. Regulation of personal conduct may be necessary to protect the health or safety of members of the college community or the public, to fulfill the educational responsibilities of Finger Lakes Community College, or to comply with local, state, or federal laws. A student’s personal property shall not be seized or searched without his/her consent unless such seizing or searching has complied with legal or college requirements. Privacy of student records shall be maintained according to current records policies and the Family Educational Rights and Privacy Act (FERPA) as outlined in the College Catalog. Religious Freedom (with regard to class attendance) Finger Lakes Community College complies with New York State law with regard to religious absences. No person shall be expelled from or be refused admission as a student to Finger Lakes Community College because s/he is unable, because of his/her religious beliefs, to attend classes or to participate in any examination, study, or participate in an internship and a practicum on a particular day or days. Persons absent for reasons of religious observance based on a recognized, established religion shall be excused from any examination, study, or work requirements and shall be provided with an equivalent opportunity to make up any examination, study, or work requirements which s/he may have missed because of such absence. For further information, refer to the “Religious Beliefs” section in the College Catalog. AUTHORITY Authority for the administration, oversight, implementation, and regular review of the Code is delegated from the College President through the Provost/Vice President of Academic and Student Affairs, to the Associate Vice President of Student Affairs and the Director of Community Standards & Counseling. Conduct officers, the individual investigating and/or hearing cases, in this process typically include, but are not limited to, the Director of Community Standards & Counseling, the Director of Housing and Residential Life, the Assistant Director of Housing and Residential Life, and the Resident Director. Appellate officers and bodies typically include, but are not limited to, the Associate Vice President of Student Affairs, the Provost/Vice President of Academic and Student Affairs, Conduct Board members (faculty, staff, and students). Other officers and/or boards may be established, and approved by the College President, as necessitated by the particular facets of each event and the staffing necessary to adequately complete the processes. If at any time there is a vacancy with one of the hearing officers, the position’s supervisor will assume the role for the consistency of the process. STATEMENT OF JURISDICTION This Code applies to all students a n d /or student g r o u p s / organizations of Finger Lakes Community College. The Code outlines prohibited misconduct on college premises (buildings or grounds owned, leased, operated, controlled, or 2|Page
supervised by the college) and online learning platforms (Blackboard). The College may address and take action based on conduct occurring off campus when the behavior or the presence of the individual, in the College’s sole judgment, adversely affects the campus community, damages the reputation of the institution, or impairs, obstructs, or interferes with the interests and/or mission, processes, or functions of Finger Lakes Community College. Students and/or student g r o u p s / organizations are subject to this Code beginning at the time they register/are registered for their first class. The Code applies to students and/or student g r o u p s / organizations during academic terms for which they are enrolled, during breaks between terms for which they are registered (including summer), during college holidays and vacations. If a student and/or student g r o u p s / organizations breaks a law that also violates the Code, that student and/or student g r o u p s / organizations may be held accountable by both civil authorities and the College. The college may, at its sole discretion, elect to pursue action against the student and/or student g r o u p s / organizations at the same time as criminal proceedings, even if criminal charges involving the same incident are not complete, have been dismissed, or were reduced. Students and/or student g r o u p s / organizations are responsible for the behavior of their guests. A guest is any person who is not currently enrolled at the College whose purpose on college property is entirely, or in part, to make contact with a student(s). Students and/or student g r o u p s / organizations must accompany their guests at all times while on college property. Conduct of a guest which violates any part of college policy may result in the guest’s immediate removal from college property and being banned from returning to college property in the future. In addition, conduct of a guest which violates any college policy may be considered a violation by the student(s) and/or student g r o u p s / organizations and result in college conduct processes and sanctions for the student(s) and/or student g r o u p s / organizations. Academic Grievances will follow those procedures as outlined in the Academic Grievance Policy (see FLCC Academic Grievance Policy for details) except in those cases where the complaint comes forward indicating that the grade determination was based on a protected class concern. Those cases would follow the FLCC Student Code of Conduct or the FLCC Title IX Grievance Policy. STANDARD OF EVIDENCE The standard of evidence used to determine responsibility is a preponderance of evidence which means more likely than not. This burden of proof is different than beyond a reasonable doubt, which is a more stringent standard that is applicable to criminal procedures. The technical rules of evidence used in civil and criminal proceedings do not apply to the Student Code of Conduct standards of evidence policy. The Code shall be reviewed annually under the direction of the Director of Community Standards & Counseling and the AVP of Student Affairs. Regulations governing student conduct shall be approved by the FLCC Board of Trustees. RIGHTS UNDER THE CODE OF CONDUCT Right to a Hearing The Responding and Reporting Party has the right to a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations that include but is not limited to, sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking. The adjudication of complaints are typically done by a single hearing officer that conducts the investigation and hearing. Violations occurring in The Suites at Laker Landing may be adjudicated by professional staff of FLCC Association Housing, Inc. No unauthorized audio or video recording of any kind is permitted during investigation meetings, conduct process proceedings, and hearings. The college records these processes as part of the record keeping requirements for student records. 3|Page
Right to Witnesses and Evidence The Responding party and the Reporting party have the right to present evidence and witness testimony at a hearing, where appropriate. The conduct officer shall determine how many and who can testify as a witness in a hearing. The Responding and Reporting party have the right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by the College). This may include testimony, statements, photographs, and other evidence which is deemed relevant by the conduct officer. Right to Not Respond The Responding party, Reporting party, and witness(es) have the right during a hearing and/or investigation, to not respond to questioning during the process. If a party elects not to participate in all or some of the process, the investigation will proceed without the benefit of information that party could share and it will be noted by the conduct officer in the case file. Right to an Advisor In accordance with Due Process Rights, the Responding party and Reporting party have the right to an advisor to be with them during the investigation process and/or hearing. The advisor can be someone of the student’s choosing who is affiliated with the Institution, which may be a faculty, staff, or student. Non-FLCC affiliated advisors may be allowed at the sole discretion of the conduct officer. The role of the advisor is to be supportive and give consultations to the student. The advisor may not ask/answer questions or make comments during the investigation and hearing process. Breaks will be permitted for the student and advisor to confer in private on an as needed basis. Only in Sexual Misconduct cases may an advisor be an attorney. [Specific overview of the advisor role is outlined in Appendix section of this document.] Right to Appeal All students found responsible and sanctioned to more than a warning, are eligible to file a request to appeal the decision and/or the sanctions. Right to Extension All students have the right to an extension and deadlines for grievances and appeals when just cause has been determined and is warranted by the Director of Community Standards & Counseling, Associate Vice President of Student Affairs, Vice President of Academic & Student Affairs, and the Civil Rights Compliance Officer. Non Discrimination Policy Finger Lakes Community College does not discriminate against any employee, applicant for employment, intern, whether paid or unpaid, contractor, student, or applicant for admission based on an individual’s race, color, national origin, religion, creed, age, disability, sex, gender identification, gender expression, sexual orientation, self-identified or perceived sex, the status of being transgender, familial status, pregnancy, predisposing genetic characteristics, military status, veteran status, domestic violence victim status, criminal conviction or any other category protected by law. The College adheres to all federal and state laws prohibiting discrimination and sexual harassment in public institutions of higher education. The College prohibits conduct by any employee or a student that disrupts or interferes with another’s work performance or educational experience, or that creates an intimidating, offensive, or hostile work or educational environment due to discrimination based on protected status or sexual harassment. In keeping with this goal, the College is committed to educate employees in the recognition and prevention of workplace and educational discrimination and sexual harassment. Improper conduct may violate the College’s policy, when it is more serious than petty slights or inconveniences. Applicability of Policy This policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business with the College, regardless of immigration status, students and applicants for admission. Students who are only employed with the College as student aides or work study, or who are interns inside and outside the College as a part of their course study, will be categorized as students. *There will be instances of sexual harassment as defined by Title IX and it’s implementing regulations when a report of 4|Page
sexual harassment will be deferred to the College’s Title IX policy. The final rule on Title IX threshold states that Title IX
Grievance Policy should be applied when the sex based conduct reported is severe AND pervasive AND objectively offense.
Quid pro quo harassment and Clery Act / VAWA offenses which also may fall under the Title IX Grievance Policy are NOT
evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because misconduct is
sufficiently serious to deprives a person of equal educational access. Jurisdiction for Title IX is to address conduct that takes
place in a school’s education program or activity against a person in the United States. The Non-Discrimination Policy has
expanded jurisdiction and a different threshold to establish sexual harassment, and all forms of harassment or
discrimination.
Complaint and Investigation Procedure
Any complaints made under this policy where the accused party is not a student shall be promptly and thoroughly
investigated in accordance with the procedures set forth in the attached Procedures: Sexual Harassment & Discrimination
Prevention for Employees and Students, unless the conduct meets the definition of sexual harassment under the College’s
Title IX Policy and Procedures in which the case will follow the grievance procedures outlined in that policy. Complaints may
be made verbally or by completing the attached Discrimination/Sexual Harassment Complaint Form. If a student is the
accused Responding Party, complaints shall be resolved under the procedures described in the FLCC Student Code of
Conduct or the College’s Title IX Grievance Policy.
Prohibition Against Retaliation
Retaliation against any individual covered by this policy who, in good faith, brings a written or verbal complaint of
discrimination or sexual harassment, or who assists, participates, or testifies in any investigation or proceeding related to
such complaint, regardless of whether or not the alleged harassment rises to the level of a violation of this policy or the
law, is strictly prohibited. Such retaliation is unlawful under federal, state, and (where applicable) local law, and FLCC will
not tolerate or permit adverse treatment of individuals because they report discrimination or sexual harassment or provide
information related to such complaints. Adverse treatment includes being discharged, disciplined, discriminated against, or
any action that could discourage an individual from coming forward to make or support a claim of discrimination or sexual
harassment. Participants who experience retaliation should contact the Deputy Title IX Coordinators or CRCO, and may file
a complaint pursuant to the accompanying Procedures.
The New York State Human Rights Law protects any individual who has engaged in “protected activity”. Protected activity
occurs when a person has
o Made a complaint of discrimination or sexual harassment, either internally or with any anti-discrimination agency;
o Testified or assisted in a proceeding involving sexual harassment or discrimination under the Human Rights Law or
other anti-discrimination law;
o Opposed sexual harassment or discrimination by making a verbal or informal complaint to management, or by
simply informing a supervisor or manager of harassment;
o Reported that another employee has been sexually harassed; or
o Encouraged a fellow employee to report harassment.
Any individual who participates in the procedure may do so without fear of retaliation. Violations of this prohibition may
result in disciplinary action up to and including dismissal from employment or the institution. However, this retaliation
provision is not intended to protect persons making intentionally false charges of discrimination or sexual harassment.
Sexual Harassment Prevention
This policy places special attention on the prohibition of sexual harassment in the workplace and academic environment.
Sexual harassment is a form of workplace discrimination that is unlawful under Title VII of the Civil Rights Act of 1964, as
amended, and the New York State Human Rights Law which forbids harassment and discrimination in employment,
housing, education, credit and access to public accommodations.
Sexual harassment is prohibited and will not be tolerated at FLCC. The College has implemented measures to address and
prevent sexual harassment and is taking additional affirmative steps to increase awareness of, and sensitivity to, all forms
of sexual harassment in order to maintain a workplace and learning environment free of its harmful effects. Sexual
harassment is considered a form of employee and student misconduct which may lead to disciplinary action, up to and
5|Pageincluding termination or dismissal. Harassers may also be individually subject to liability. Employees of every level who
engage in sexual harassment, including supervisors who engage in sexual harassment or who allow such behavior to
continue, will be penalized for such misconduct.
All employees and students have a legal right to a workplace and a campus free from sexual harassment, and employees
and students can enforce this right by filing a complaint internally with the College in accordance with the attached
Procedures: Sexual Harassment & Discrimination Prevention for Employees and Students or with a government agency, or
in court under federal or state anti-discrimination laws, as detailed in the attached Procedures under “Legal Protections &
External Remedies”. Conduct that meets the definition of sexual harassment under the Title IX Grievance Policy will be
investigated and decided under that policy.
NYS Definition of Sexual Harassment
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law.
Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender
expression, gender identity and the status of being transgender.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a
sexual nature when:
o Submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic
benefit; or
o Submission to or rejection of the conduct is used as the basis for an employment or academic decision affecting the
person rejecting or submitting to the conduct; or
o The conduct has the purpose or effect of unreasonably interfering with an affected person’s work or academic
performance, or creating an intimidating, hostile or offensive work or learning environment, even if the reporting
individual is not the intended target of the sexual harassment.
A sexually harassing hostile environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical
violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual
harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually
discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient
discomfort or humiliation, which interfere with the recipient’s job or academic performance. Sexual harassment also
occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued
employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.
Title IX Definition of Sexual Harassment (parts of this definition may overlap NYS’s definition).
Sexual Harassment under Title IX is now more narrowly defined to include (1) quid pro quo; (2) “unwelcome conduct” of a
sexual nature that a reasonable person would find “so severe, pervasive, and objectively offensive” that it effectively denies
someone equal access to an education program; or (3) sexual assault, dating violence, domestic violence or stalking.
6|PageThe following Decision Tree will be followed to determine whether the allegations of sexual harassment should follow the Title IX Grievance Process: 7|Page
Examples of Sexual Harassment
(Some or all of these examples may fall under the College’s Title IX Grievance Policy)
o Physical acts of a sexual nature, such as:
o Touching, pinching, patting, kissing, hugging, grabbing, brushing against, or poking another person’s body;
o Unwanted sexual advances or propositions, such as:
o Subtle or obvious pressure for unwelcome sexual activities.
o Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience,
which create a hostile environment.
o Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may
not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
o Sexual or discriminatory displays or publications, such as:
o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials
that are sexually demeaning or pornographic. This includes such sexual displays on computers or cell phones and
sharing such displays while in the workplace or classroom.
o Hostile actions taken against an individual because of that individual’s sex, sexual orientation, self-identified or
perceived sex, gender expression, gender identity, and the status of being transgender, such as:
• Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise
interfering with the individual’s ability to perform his or her job or academic duties;
• Sabotaging an individual’s work;
• Bullying, yelling, name-calling.
For the purposes of the Title IX Grievance Policy, “covered sexual harassment” will follow the grievance procedures outside
of this policy under the Title IX Grievance Policy, includes any conduct on the basis of sex that satisfies one or more of the
following:
1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
a. Conditioning an employment-related action (such as hiring, promotion, salary increase, or performance
appraisal) on a sexual favor or relationship;
b. Requests for sexual favors accompanied by implied or overt threats concerning a target’s job performance
evaluation, a promotion or other job benefits or detriments, a favorable grade or academic opportunity, or
other educational benefit or detriment;
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive
that it effectively denies a person equal access to the educational institution’s education program or activity;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without
the consent of the victim including instances where the victim is incapable of giving consent;
a. Rape, sexual battery, molestation or attempts to commit these assaults.
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which
includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or
intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a
consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The
frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or
misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a
person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated
with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New
York domestic or family violence laws or by any other person against an adult or youth victim who is protected
from that person's acts under the domestic or family violence laws of NY.
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed
at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B)
suffer substantial emotional distress.
Note that conduct that does not meet one or more of these criteria may still be prohibited under the Student Code of
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