Students are expected to observe at all times the highest ethical standards as members of the academic community. Any form of dishonesty makes a student liable to severe sanctions, including expulsion from the College. In cases where a student is accused of a violation of ethical standards in academic matters, the professor, in consultation with the appropriate academic dean, shall determine the penalty up to failure in the course. Further sanctions, such as suspension or dismissal from the College, shall be determined by the appropriate academic dean. Students should note particularly the following six specific policies:

1. Examination Regulations — Students are expected to be familiar with the regulations that are posted before each semester examination period. Violation of any of these regulations makes a student liable to penalties ranging from failure in the examination to dismissal from the College.

2. Cheating — A student who cheats on any examination is liable to penalties ranging from failure in the examination to dismissal from the College.

3. Plagiarism — Plagiarism is the attempt to fulfill an academic requirement by using the ideas, words or work of another person and representing them as one’s own. Academic conventions dictate that students and scholars must acknowledge the source of phrases and ideas that are not their own. Many ideas and phrases are so familiar that they have become the common property of all; these obviously require no documentation. However, the use of ideas or phrases that are clearly original with another author requires that the appropriate credit be given to the original author.

Plagiarism undermines that basic relationship of trust that must exist between teacher and student and among students for the educational process to work. For this reason, penalties for plagiarism range from failure on the assignment to expulsion from the College. For details about avoiding plagiarism, consult a Writing 101 style handbook manual or the library reference desk.

4. Assisting Cheating or Plagiarism – A student who knowingly assists another student in cheating or plagiarism is subject to the same rules and penalties.

5. Derived Work – Derived work is work containing material (even if modified) that has been previously submitted to fulfill the requirements of another course. Submission of derived work is allowed only with prior approval by the instructor, who may impose additional requirements (e.g. full disclosure in a citation). The penalties for unapproved submission of derived work range from failure on the assignment to expulsion from the College.

6. Student Conduct — Students are expected to conduct themselves respectfully and appropriately in the classroom setting. Actions or behaviors that annoy, disturb or otherwise prevent orderly conduct in the classroom may be subject to disciplinary action.

7. Class recording policy — Students must obtain prior written permission from the instructor before making any audio/videorecordings of a class. Unless this permission explicitly states otherwise, such recordings may not be shared with or distributed to others, and must be deleted/erased at the end of the semester. The penalties for unauthorized recording, sharing, distribution or retention may range up to expulsion from the College. Any student with a disability who requires class recordings as an accommodation must be approved by the Disability Support Services staff and must notify faculty by presenting his or her instructor notification form to be signed.

Requirement Regarding Academic Integrity Tutorial and Exam
Students are expected to observe at all times the highest ethical standards as members of this academic community. All newly matriculated Le Moyne students must take an Academic Integrity Tutorial and Exam during their first semester at Le Moyne. These students will be blocked from subsequent course registration until they have passed the exam.

Appeals
A student who wishes to exercise the right of appeal in these matters may request the academic vice president to convene a review board, whose authority is limited to investigating and determining the facts. This board will be convened only if a student alleges that the facts of the case are in question. Board membership will consist of three faculty members and one non-voting faculty member to serve as chair. These members will be appointed by the president of the Faculty Senate. In addition, at the student’s request, two students may be appointed as nonvoting members of the board by the president of the Student Senate in consultation with the chair of the Academic Affairs Committee of that body.

Aiding, Abetting or Complicity
Helping or encouraging another person to engage in violations of College policies and procedures constitutes aiding and abetting. Witnessing policy and procedure violations and failing to report such inappropriate behavior constitutes complicity. Any such occurrences are subject to disciplinary action.

Preface
As an institution of higher education in the Jesuit tradition, Le Moyne College is dedicated to excellence, the pursuit of knowledge and the education of responsible men and women. Therefore, it is appropriate that the College establish policies that reflect institutional values and aid in the promotion of a healthy Le Moyne community. Part of the College’s mission is to prepare students to make sound decisions affecting both their personal lives as well as social policy, and to fashion values for living in a dynamic and complex world. The College urges all students to act in good judgment and seek help immediately if needed for oneself or a friend. Although this does not absolve any student from the consequences of breaking College policy, seeking assistance may be looked on favorably in the student conduct process. Consistent with this mission, the College hereby adopts and publishes the alcohol and other drugs policies intended to promote the responsible and legal use of alcoholic beverages and to educate students on the liability of persons who use, serve or make alcoholic beverages/other drugs available. All students and their guests are expected to abide by the policies stated here.

General Policy Regarding Alcohol
Possession or consumption of alcohol by any person less than 21 years of age on the Le Moyne College campus is a violation of New York State law. Any student under 21 years of age who misrepresents her/his age in an effort to obtain alcohol is in violation of the law. Le Moyne College is subject to the same local and state laws that govern all citizens, including those concerning the possession, use, sale and distribution of alcohol. Acts that violate these laws are in direct conflict with College regulations. Therefore, any member of the Le Moyne community engaging in such illegal action will be subject to disciplinary sanctions up to and including dismissal from the College. Furthermore, individuals cannot and will not be protected by the College from legal charges brought against them as a result of their actions. The guidelines and sanctions included in the College’s alcohol policy will be subject to change or revision should they prove to be unresponsive to the intentions and/or interpretations of New York state law.

Specific Provisions
1. The College states unequivocally its position that social drinking must never be undertaken to the detriment of, or in violation of, the rights of others. Students are reminded that it is their responsibility to be sober at all times. The College further states that it will not tolerate public drunkenness since intoxicated students act in a manner inconsistent with the values of the College, pose a threat to themselves, and make life unpleasant for those with whom they live. Any student found in an intoxicated condition will be subject to appropriate sanctions. A judgment as to whether or not a student is intoxicated may be made on the basis of the following factors related to the use of alcohol including, but not limited to:

Whether a student is:
• unable to walk without assistance
• speaking incoherently
• unconscious
• vomiting
• emitting a strong odor of alcohol
• has bloodshot or glassy eyes
• behaving in a loud and/or disorderly manner

2. Open containers of alcoholic beverages or the consumption of alcohol in any public area on campus (i.e., lounges, corridors, outdoors, etc.) is prohibited, except for functions approved by the vice president for student development.

3. Kegs, funnels, “beer pong” tables and any items that provide common access to alcohol or promote the excessive consumption of alcohol are prohibited and will be confiscated.

Policies Governing Underage Students
In accordance with the provisions of local and state laws governing the possession, purchase, sale, distribution and consumption of alcoholic beverages, the College states that:
1. Students under the age of 21 may not buy, possess or consume alcoholic beverages. This includes the possession of empty alcoholic containers.
2. No person may sell, deliver or provide any alcoholic beverage to a student under the age of 21.
3. If any underage person is observed by a staff member to be in possession of alcohol and/or empty alcoholic containers, the alcohol/containers will be confiscated.

Students found to be in violation of the above policies will be subject to student conduct action.

Policies Governing the Consumption of Alcoholic Beverages by Students 21 Years of Age and Over
1. Students 21 years of age or older may possess and consume alcohol in the privacy of rooms, suites, or apartments in single serving containers only.
2. Students of legal age are prohibited from providing alcohol to underage individuals.

Students found to be in violation of either of these policies will be subject to student conduct action.

Policies Governing Special College-Sponsored Events Where Alcohol is Served
On occasion, Le Moyne College or a department or organization within Le Moyne College may host events at which alcoholic beverages are served. Organizations sponsoring such gatherings must comply with the following regulations.

1. In order to consume alcohol at a College-sponsored event, a student must be of legal age. In determining a student’s legal status, the College shall use only official College records. Upon verification of a student’s legal status, the appropriate documentation, i.e. wristbands, stamps, etc., will be issued.

2. Any College-sponsored events (including forums, receptions etc) serving alcohol must be catered by the College’s dining service or an outside caterer insured for liquor liability, and with a contract to indemnify Le Moyne College.

3. Neither student activity fees nor College funds shall be used to subsidize or defray the cost of alcohol at student events.

4. College clubs and organizations will not be permitted to serve alcohol at their meetings, parties or receptions. Organizations in violation of this policy are subject to disciplinary action including dissolution of the organization, disciplinary action against members of the organization and loss of funding.

5. Alcohol is not to be served in course-related events where underage students are members of the class.

6. LSPB and other groups can make arrangements for the College’s dining service to provide alcohol at certain events. The determination of such events shall be made in consultation with the vice president for student development. The decision to allow, or not to allow, alcohol to be served will be based on such factors as the nature of the event, the event’s importance as an activity, and the number and age of students expected to attend.

7. Since it is the general gathering place for students of all classes, the James Com¬mons, in the north wing of the College’s campus center, will not allow individuals to bring alcohol onto the premises at any time. However, for certain functions, alcohol may be served by the College’s dining service to students over the age of 21. On these occasions, students will be required to present proof of age before being served.

General Guidelines for Alcohol-Related Violations
The following represents general guidelines that are used by the assistant dean for stu¬dent development or designee when determining sanctions for alcohol-related misconduct. The list below is not exclusive, nor does it represent the maximum or minimum action that may be taken to address particular conduct.

Possession or consumption of alcohol
First Offense
• Formal warning
• Alcohol education or educational activity (at the discretion of the hearing officer)
• Letter to parents/guardian (at the discretion of the hearing officer)

Second Offense
• $75 fine
• Formal warning
• Alcohol education
• Letter to parents/guardian

Third Offense
• $150 fine
• Disciplinary probation
• Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Letter to parents/guardian

Fourth Offense
• $300 fine
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions
• Disciplinary probation and/or College suspension
• Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Meeting with student and parents/guardian

Additional offenses will jeopardize a student’s status at the College

Illegal or unauthorized distribution of alcohol to underage students

First Offense
• $150 fine
• Formal warning or disciplinary probation
• Alcohol education and/or educational activity
• Community service
• Letter to parents/guardians

Second Offense
• $300 fine
• Disciplinary probation and/or College suspension
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions
• Community Service
• Letter to parents/guardians

Additional offenses will jeopardize a student’s status at the College.

Alcohol impairment/abusive use violations
(e.g., driving under the influence of alcohol, disruptive or violent behavior, drunkenness, or intoxication)

First Offense
• $150 fine (maximum)
• Formal warning or disciplinary probation
• Alcohol education and/or educational activity
• Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Community service
• Letter to parents/guardians

Second Offense
• $300 fine
• Disciplinary probation and/or College suspension
• Reassignment of or removal from campus housing
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes and/or social restrictions
• Alcohol evaluation
• Community service
• Meeting with student and parent/guardians

Additional offenses will jeopardize a student’s status at the College

Possession or use of a keg or other large, common source of alcohol

First Offense
• $150 fine
• Formal warning or disciplinary probation
• Alcohol education and/or educational activity
• Community service
• Letter to parents/guardians

Second Offense
• $300 fine
• Disciplinary probation and/or College suspension
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes and/or social restrictions
• Community service
• Meeting with student and parent/guardians

Additional offenses will jeopardize a student’s status at the College.

Assault (such as a physical attack against another person) and the threat of harm (with or without actual physical contact) are serious offenses that may result in a student’s dismissal or expulsion from the College. Fighting occurs when two or more students are engaged in physical attempts to harm each other. While a student may not have instigated an altercation, a student is responsible for fighting when going beyond any force necessary to avoid harm and aggressively attempting to harm the instigator. A student found responsible for fighting may be subject to dismissal or expulsion from the College.

Students should be aware of the following policies as they apply to their use of these resources:
• Le Moyne College assigns computing accounts to all members of the College community for exclusive use by the assignee.
• Users are responsible for protecting the security of their accounts and the information accessible by these accounts and are not permitted to share account information with other parties without exclusive permission of the chief information officer or his/her designee. Those who allow others to use their account, either intentionally or accidentally, are held fully accountable.
• Fraudulent or unauthorized use of College or external computing systems is strictly prohibited.

Enforcement of Policies
All users are responsible for understanding and abiding by the pol¬cies and principles defined below. The Office of Information Technology may deny access to any or all College computing services, without prior notice, to persons discovered in violation of these policies and principles. Student violations of computer policies and principles may result in the revocation of some or all College computing privileges, referral to the Office of Student Development for appropriate disciplinary action, and/or referral to local, state or federal authorities for legal action where appropriate.

Requirements for Student Computers Attached to the College Network
Malicious software (including viruses, worms, trojans, adware, spyware and bots) continues to pose significant risks to individual’s personal data, campus information services and the campus computing environment.

The following requirements are designed to reduce the risks of malicious software within the College community.

1. All members of the Le Moyne College community who use either personally owned or College-owned computers shall install and maintain College-provided antivirus, anti-spyware, personal/desktop firewall and patch management software on their personal computer(s).

2. Users shall verify that their personal computers utilize the latest versions of antivirus, anti-spyware, desktop firewall software and security updates at least weekly.

3. IT may disable the network and email accounts of users who fail to install and maintain required software.

4. IT may disable some or all IT services (including network/Internet access and network and email accounts) for a student, if IT determines or reasonably suspects that the student’s actions or student’s personal computer is a risk to the campus computing environment (e.g., spreading viruses, participating in a bot network, engaging in denial-of-service attack, engaging in network scans).

5. The College has developed a Web page to assist individuals who do not have the required software installed on their personal computers. The page provides access to the required software, in addition to installation and configuration documentation. It can be found at

under “Current Students.”

6. IT may, at its discretion, help students repair their infected computers. IT reserves the right to charge for this service.

As with all campus computing policies, failure to maintain the mandated software may result in the revocation of some or all College computing privileges, referral to the Office of Student Development for appropriate disciplinary action, and/or referral to local, state or federal authorities for legal action where appropriate.

Ethics of Computer Use
Le Moyne’s computing systems and networks are a vital College resource. All users are expected to use computing services in a manner consistent with the academic mission and principles of the College: refrain from wasteful practices, respect the integrity of College and external computing systems, be considerate and respect the privacy of other users, access only explicitly authorized resources, and use accounts ethically.

Le Moyne College considers it a most serious offense for any user to attempt to degrade the performance of the systems or networks of either the College or any external entity, to circumvent or attempt to circumvent security mechanisms of any computing system, or to deprive or attempt to deprive other users of access to computing resources.

Abuse of Computer Privileges
Abuse includes but is not limited to: using another person’s computer account without the explicit permission of Information Technology; attempting to gain access to another person’s account; tampering with the computing systems or networks, including both its equipment and programs; using the system for commercial purposes; inspecting, modifying or copying programs or data without authorization; sending abusive, obscene or otherwise harassing electronic communications; improper or inappropriate use of the campus or global network; and giving false or misleading information for any purpose associated with use of the College’s computing resources.

The College’s software licensing agreements are generally for administrative, instructional and personal research uses only. Use of these resources for other purposes is considered theft of services. To protect the College’s licensing agreements, such theft must be acted upon by the College and the companies involved. Individuals who are engaged in, or plan to engage in, outside activities (e.g., using the system for commercial applications or consulting projects) must contact IT immediately. (It may be possible to allow such activity through the collection of royalties.) Failure to notify IT of non-authorized uses of computing resources will result in prosecution as described in the “Enforcement of Policies” section above.

Information Security and Privacy
Information and data stored on systems connected to the College network and transiting the College network are considered confidential and private and shall not be examined by anyone other than the information owner, intended recipient, and other individuals to whom IT has expressly granted permission. Exceptions include but are not limited to: use of analysis tools to identify, detect and prevent system or network problems and abusive computing behavior, and manual or automated auditing of systems for inventory and usage tracking. Moreover, all or a portion of any user’s files may be examined by a vice president, his or her designates and local, state and federal authorities to investigate claims of non-compliance with College policies or claims of unlawful action.

Le Moyne College Student Email Policy
Email is an official method for communication with students at Le Moyne College. These communications may include, but are not limited to, information about student courses, grades and accounts. Email delivers information in a convenient, timely, cost-effective and environmentally friendly fashion. This policy ensures that all students are aware of the importance of this communication method. Furthermore, it ensures that students can be contacted through a standardized channel by instructors and other College staff as needed.

Expectations Regarding Student Use of Email
Students are expected to check their Le Moyne College official email on a frequent and consistent basis to remain informed of College-related communications. The College recommends checking email daily.

Instructor Policies and Educational Uses of Email
Instructors may set policies defining how students use email in their courses. These policies may include requiring students to check their email on a defined frequency. Instructors may also require students to confirm their subscription to College-provided mail lists. Messages sent to College-provided aliases of official Le Moyne College student email addresses are also considered official communication. For example, messages sent via College provided class listservs, Web Advisor or BlackBoard that use the official Le Moyne College email address are considered official communications for all students enrolled in the class designated by the class listserv address.

Appropriate Use of Student Email
Email is not appropriate for transmitting sensitive or confidential information unless an appropriate level of security and access privileges are utilized. The Le Moyne College email system does provide an appropriate level of security and access privileges. All use of email will be consistent with other College policies, including the Le Moyne College Information Technology Polices described in the preceding section. All use of email will be consistent with local, state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA).

Communications sent to a student’s official Le Moyne College email address may include notification of College-related actions vis-à-vis the student, including disciplinary actions and fines; however, email shall not be the sole method for notification of any legal action.

Procedures
Changes to this policy will be authorized by approval of the executive officers of the College. Questions or comments about this policy should be directed to the acting director of information technology or e-mailed to Information Technology.

Summary: Le Moyne College Student Email Policy
The College routinely uses email for both formal an informal communication with students. The @stu.lemoyne.edu email address is the account used for College business and official College communications to students. Although students may maintain separate email accounts and addresses, students are expected to check their Le Moyne College account regularly for College communications, and are encouraged to use their Le Moyne College account for personal communication.

As an academic institution, the College’s goal is to alleviate the problem of illegal drug use, preferably in a manner that educates rather than punishes. However, Le Moyne College is subject to the same laws – local, state and federal – that govern all citizens, in¬cluding those concerning the use, sale, and possession of drugs. Illegal actions involving drugs are also in violation of College regulations. Therefore, any member of the College community engaging in such illegal action will be subject to disciplinary sanctions up to and including suspension and dismissal. Individuals cannot be protected by the College from the possible additional legal consequences of their acts.
The issues surrounding drug use/abuse are complex. There are a large number of chemical agents that fit into the category of drugs. There has been varied evidence concerning the effects and dangers of drugs, especially the hallucinogenic variety. In any event, the College asserts strong disapproval of drug use for two compelling reasons: First, the major medical professions of the world have made it clear that many of the pharmaco¬logical agents that are commonly referred to as drugs and narcotics are detrimental to health, physiological or psychological. Second, drug use is expressly prohibited by state and federal statutes.

The personal and legal risks for students are not to be taken lightly. Illicit drug use is a danger to the quality of an educational environment since it disrupts the community life of the students. It is with this concern for the emotional and physical health of students that Le Moyne states this policy on drug use.

Le Moyne College prohibits the unlawful possession, use, sale or distribution of illicit drugs by its students, employees or guests on its property or as a part of any of its activities. The possession, use, sale or distribution of drug paraphernalia is also strictly forbidden. Such substances and/or objects will be permanently confiscated. This policy applies to all full-time and part-time students taking one or more classes; and to all full-time and part-time temporary employees, including faculty, administration, all exempt and non-exempt staff, student employees and interns and to all guests of the College. Students who violate this policy will be subject to disciplinary action by the College in accordance with the following guidelines:

The possession of drug paraphernalia

First Offense
• Formal Warning
• Drug education or educational activity
• Letter to parents/guardians

Second Offense
• $100 fine
• Formal Warning
• Drug Education
• Letter to parents/guardians

Third Offense
• $200 fine
• Disciplinary Probation
• Referral for drug evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Parent/Guardian Notification
Additional offenses will jeopardize a student’s status at the College.

The use or possession of any illicit drug for personal use

First Offense
• $150 fine
• Formal Warning or disciplinary probation
• Referral for drug evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Community service
• Letter to parents/guardians

Second Offense
• $300 fine
• Disciplinary probation and/or College suspension
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions
• Community Service
• Parent/Guardian Notification

Additional offenses will jeopardize a student’s status at the College.

The sale, manufacture, or distribution of any illicit drug and/or the possession of any illicit drug in quantities large enough or packaged in a manner consistent with the resale of said drug as determined by College officials.

First Offense
• $300 fine
• Removal from campus housing
• Suspension for one academic semester
• Possible expulsion

Additional offenses will jeopardize a student’s status at the College.

As an institution of higher education receiving federal funds, Le Moyne College is required by the Drug-Free Schools and Communities Act of 1986, as amended by the Drug-Free Schools and Communities Act Amendments of 1989, to certify to the U.S. secretary of education that it has adopted and implemented a program to prevent the unlawful use, possession or distribution of illicit drugs and alcohol by students and employees. Accordingly, as part of its anti-drug and alcohol abuse program, Le Moyne College has adopted the following policies and regulations.

Educational Resources
Education of the whole person is a basic premise of Jesuit educational philosophy. In addition to an emphasis on intellectual, moral and spiritual development, Le Moyne College recognizes the development of a healthy lifestyle as a significant aspect of the College experience. Students are expected to make responsible decisions regarding the use of alcohol whether on or off campus. Students are also encouraged to take advantage of various campus resources that aim to educate students about health risks associated with drug and alcohol use/abuse and that support students as they deal with alcohol or drug-related issues. Resources available to Le Moyne Students include:

1. Campus Life and Leadership Staff
Professional members of the campus life and leadership staff and resident advisors plan various educational programs in campus residence halls related to drug and alcohol education. Such programs may include speakers, films, small-group discussions or workshops. Residence life staff members also provide referral information to students in need of additional support or assistance.

2. The Wellness Center for Health and Counseling
The staff at the Wellness Center for Health and Counseling consists of professionally certified counselors who provide counseling support for many needs, including support or referral for persons dealing with alcohol-related issues. Included on the center’s staff is a professional counselor with expertise in alcohol and drug-related issues. This individual provides consultation and training to the campus life and leadership staff on a regular basis and is available as a resource to all members of the Le Moyne community.

3. Prevention Network
Information and Education: 315-471-1359

Le Moyne College recognizes that education alone may not be sufficient to address an individual’s actual or suspected abuse of alcohol or drugs. For that reason, in addition to a student fulfilling his or her sanctions and participating in educational activities, the College may also require that a student participate and maintain involvement in manda¬tory evaluation and counseling programs, and if necessary, obtain appropriate medical treatment for alcohol or drug abuse. The College understands that alcohol/drug abuse may have underlying causes and looks to offer all of its students the appropriate resources in order to facilitate a healthy and positive higher education experience.

Applicable Alcohol and Drug Laws
The selling of illicit drugs is a criminal offense punishable by a fine or imprisonment, de¬pending on the specific offense and factors such as prior convictions for similar offenses. Driving while intoxicated is against the law and can result in driver license revocation or even imprisonment in some cases. It is less well known that under New York state law, an individual under the age of 21 could be arrested for purchasing or even attempting to purchase alcohol. It also is a crime in New York state to knowingly allow marijuana to be grown without destroying it. The following is a brief overview of local, state and federal laws governing the possession, use and distribution of illicit drugs and alcohol. This overview is not intended to be an exhaustive or definitive statement of various laws, but rather is designed to indicate the types of conduct that are against the law and the range of legal sanctions that can be imposed for such conduct.

Open Container Law
The city of Syracuse, like many other cities, towns and villages, has an ordinance prohibiting the consumption of or possession of an open container with the intent to consume an alcoholic beverage in any public place or on private property without the owner’s permission. Such permission for all College property must be specifically requested and granted in writing by an authorized official. Violations of the ordinance are punishable by a fine of up to $150 and/or imprisonment for up to 15 days.

DeWitt Town Code
No person shall drink liquor, wine, beer or other alcoholic beverage from any open bottle or container containing liquor, wine, beer or other alcoholic beverage while such person is on any public highway, public street, public sidewalk, public parking area, public park or similar public place, or on private property without invitation or permission of the owner of such property, in that portion of the town of DeWitt, Onondaga County, N.Y., lying outside the incorporated limits of the Village of East Syracuse, not licensed to serve or disperse said alcoholic beverages by the State Liquor Authority pursuant to the Alcoholic Beverage Control Law of the state of New York.

Any conviction of any person for the violation of any of the provisions of this chapter will constitute an offense punishable by a fine of not to exceed $100 or a sentence to a maximum term of imprisonment for a period of five days, or by other such fine and imprisonment.

New York Alcoholic Beverage Control Law
All states prohibit persons from selling or giving any alcoholic beverage to a minor (defined in New York state as under 21 for purpose of the Alcoholic Beverage Control Law) or to a person who is already intoxicated. It is also an offense in New York state, punishable by a fine of up to $200 and/or imprisonment for up to five days, to misrepresent the age of a minor for the purpose of inducing the sale of an alcoholic beverage. Any minor who uses false identification or the identification of another person to purchase an alco¬holic beverage can be convicted and fined up to $100 and/or sentenced to probation for up to one year. In addition, a minor can be arrested and fined up to $50 for possessing an alcoholic beverage with the intent to consume it.

New York Vehicle and Traffic Law
In New York state, it is a misdemeanor, punishable by a fine of at least $350 and/or imprisonment for up to one year (as well as suspension and/or revocation of your driver license), to operate a motor vehicle with a blood-alcohol content of .08 percent or higher. Multiple convictions can result in more serious penalties. For example, a second DWI conviction in 10 years is a felony punishable by up to four years in a state penitentiary.
The rules and penalties for drinking and driving also apply to driving a motor vehicle while a person’s ability is impaired by the use of a drug.

New York Public Health Law
It is a violation of the Public Health Law in New York state for a person to sell or possess a hypodermic needle without a doctor’s written prescription, to grow marijuana or knowingly allow it to be grown without destroying it (Class A misdemeanor punishable by up to one year in a local penitentiary), and to manufacture, sell or possess with intent to sell an imitation controlled substance (Class A misdemeanor; second offense in five years is a Class E felony punishable by a minimum of one year and maximum of four years in state prison). It is also a violation to inhale any glue that releases toxic vapors or fumes. Any person who sells glue for this purpose is guilty of a Class A misdemeanor. The Public Health Law also provides that any private vehicle, boat or plane that has been or is being used to transport a controlled substance can be seized by the police and forfeited under the law.

New York Penal Law
Most crimes involving the unlawful possession and distribution of drugs are defined under the New York state law. The Penal Law contains exhaustive lists of various controlled substances, specific types of offenses, and sanctions ranging from a fine of not more than $100 to imprisonment for life. Examples of crimes under New York law include loitering with the intent to use drugs, appearing in public under the influence of drugs, using or possessing drug paraphernalia, and selling or possessing actual controlled substances. A person with no previous drug or marijuana convictions in three years who is found guilty of possessing less than 25 grams (about 9/10 of an ounce) of marijuana for private use may be fined up to a maximum of $100, whereas conviction of possessing even one gram of a controlled narcotic substance can result in imprisonment for up to one year. The criminal sanctions become much more serious depending on the amount possessed and whether or not it is possessed with the intent to distribute. For example, possession of even one gram of a narcotic drug with the intent to sell it is a Class B felony punishable by up to 25 years in prison. A person who is convicted of the sale of more than two ounces of a controlled narcotic substance in New York state can be sentenced to a term of imprisonment for life. Of course, the Penal Law provides for a variety of sanctions depending on the offense.

Persons convicted of a drug offense in New York state may be sentenced to any one of the following: a conditional discharge that may include any amount or type of community service that the sentencing court deems appropriate, probation, shock probation, which is a combination of jail time and probation (60 days plus up to three years probation for a misdemeanor; six months plus up to five years probation for a felony); intermittent imprisonment, which may include weekends and/or work Saturdays; or straight jail time.

Federal Law
Federal drug laws parallel New York state drug laws in many respects. For example, it is a federal offense to manufacture, distribute or possess with intent to distribute a controlled substance or a counterfeit controlled substance. As under the New York Penal Code, any property associated with the unlawful handling of controlled substances may be forfeited to the authorities. Federal law also provides that a person age 18 or older who distributes a controlled substance to a person under 21 years of age may be sentenced to a term of imprisonment and/or a fine of up to twice the amount authorized for distribution to a person over the age of 21.

An important sanction under federal law is that persons convicted of any federal or state offense involving possession of a controlled substance are ineligible to receive any federal benefits (e.g., social security, student loans) for up to one year. If the offense involves distribution of a controlled substance, the guilty person could be ineligible for any or all federal benefits for up to five years. There are both federal laws and New York state laws specifically dealing with the distribution or manufacturing of controlled substances in or near schools or colleges. For example, federal law provides that a drug offense committed within 1,000 feet of school property, including universities, is punishable by a term of imprisonment and a fine of up to twice the amount authorized for the same offense committed away from school property.

The extent of drinking and drug use on campus varies widely, and many college students do not abuse alcohol or drugs. Nevertheless, alcohol and drugs are part of many college environments, and when coupled with other risky behaviors, can be problematic for students.

Students with questions about or problems with alcohol and/or drugs are encouraged to contact the Wellness Center for Health and Counseling.

Hate crimes and bias-related incidents involve behaviors that are motivated by hostility to race, religion, sexual orientation, ethnicity, national origin, gender, age or disability. Bias-related incidents include those actions that are motivated by bias, but do not meet the necessary elements required to prove a crime. Acts of hate and bias may accompany crime through such actions as threats of violence, property damage, personal injury and other illegal conduct.

Bias-Related Incident: The College defines a bias-related incident as behavior that constitutes an expression of hostility against the person or property of another because of the targeted person‘s race, religion, sexual orientation, ethnicity, national origin, gender, age, or disability. Bias-related incidents may include, but are not limited to, name calling and using degrading language or slurs directed toward a person because of his or her membership (or perceived membership) in a protected class.

Hate Crime: A person commits a hate crime when he or she commits a specified criminal offense as defined by the New York State Penal Law and either:

a. intentionally selects the person against whom the offense is committed or is intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the person, regardless of whether the belief or perception is correct

b. intentionally commits the act or acts constituting the offense in whole or in part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

Examples of hate crimes may include, but are not limited to, threatening telephone calls, hate mail (including electronic mail), physical assaults, vandalism, and destruction of property.

In accordance with New York State Penal Law, the College specifically forbids hate and bias-related crimes. Students may report Hate Crimes and bias-related incidents to Security (445-4444), Campus Life and Leadership (445-4520) or the Office of Student Conduct at 445-4525. The Office of Student Conduct will review options for addressing the situation.

1. The College prohibits any action or situation involving physical or mental abuse, such as harassment; intimidation or hazing*; the forced consumption of liquor, drugs or any other liquid or solid substance for the purpose of initiation into or affiliation with any organization; or other conduct that recklessly or intentionally endangers or threatens the health, safety or welfare of any person on College-owned or operated property or at College-sponsored activities. This applies to all members and organizations of the College community as well as visitors and licensees.

* Hazing is defined as subjecting a person to treatment intended to put him/her in a humiliating or disconcerting position.

2. This supplement to College Policy for the Maintenance of Public Order is deemed part of the bylaws of all organizations operating on College-owned or operated property and shall be renewed annually.

3. Violations of this rule will be handled as follows:
a. Violations by organizations will be heard by the assistant dean for student development and may result in an organization being prohibited from campus, placed on probation, suspended and/or ineligible to operate on College-owned or operated property.
b. If, in the judgment of the assistant dean for student development, individual members of an organization have violated this policy, he or she shall refer the individual(s) to a conduct hearing for action. In such cases, established procedures for adjudicating violations of College policy shall be followed.
c. Any action taken by the College shall be in addition to any penalty pursuant to the penal law. Appeals may be submitted in writing to the vice president for student development.

The library serves both the College community and members of the greater community. As such, there are a number of important policies that help keep resources and services available to it’s patrons. For more information on the Library and these policies please refer to the library’s website.

Loan Periods for Books
All circulation transactions require a current Le Moyne ID. Undergraduate students may check out books for a period of three weeks, with one additional three-week renewal, unless the book is overdue or someone else is waiting for it. Junior and senior integral honors students, as well as graduate students, may check out books for one semester, with one renewal. For these students, books are due on the last day of classes.

Renewals for Books
Books may be renewed for one additional loan period either in person (with or without the books), by phone (x4325), or online by logging into My Account in the library online catalog. Books may only be renewed once, and then must be returned for at least one day to give others a chance to use them.

Loan Periods for Audiovisual Materials
Films and audio materials may be checked out for five days, with one renewal. Only Le Moyne College students, staff and faculty may check out these materials. A $5 fine per video will be assessed once it is more than one day overdue. Materials on reserve must be used in the library.

Overdue Materials
Overdue notices are sent to Le Moyne email accounts. Policies vary by patron and material type. For a full explanation, please see the library’s web page under “Policies”.

Once materials are eight days overdue, they cannot be renewed, but must be returned to the library, and can be checked out again the following day. If books are not returned within seven days of the due date, fines will be levied and circulation privileges are suspended.

Overdue materials and fines are sent to the bursar’s office before the end of the semester.

Students who have not registered for the following semester must return materials on the last day of classes, and after that date will not be able to check out materials until they are registered again. If former students, including alumni, wish to borrow materials from the library, they may do so by filling out a form and becoming a special patron.

Policies for this group of patrons differ from those of students, faculty, and staff, and may be found on the library Web page.

Patron Conduct
All patrons must adhere to the Patron Code of Conduct, which can be found on the library’s website, www.lemoyne.edu/library. In respect for the rights of others, patrons should remember the following principles when using the facility and materials:

1. The library’s collections exist primarily to serve students. Prompt return of materials borrowed helps to ensure that as many students as possible will be able to use these collections.

2. The library strictly enforces New York State law [N.Y. Civ. Prac. Law, Section 4509 (Consol. 1982)] maintaining the confidentiality of circulation records and non-disclosure of a borrower’s name without consent of the borrower.

3. The first floor of the library is designed for computing and collaborative work while much of the second floor is designated as a quiet study area. Patrons should behave accordingly in these two separate zones.

4. Photocopiers and scanners are available for patrons to copy information in non-circulating materials such as periodicals, reference books, and course reserves. Patrons should keep in mind the regulations that delineate fair-use photocopying of copyrighted materials. These regulations are posted at the photocopiers.

5. To prevent damage to the library’s collections and furnishings, care should be taken when eating and drinking. Please dispose of your containers in the garbage receptacles located around the library.

6. The use of tobacco products is not allowed in the building.

7. Patrons should exit through the security gate at the library’s main exit. The library reserves the right to inspect belongings for library materials that have not been properly checked out. Individual cases of library theft or abuse of library property is referred to the student development office or the local police as appropriate

Community Relations and Off-Campus Conduct
The Le Moyne College campus is surrounded by several residential neighborhoods. Guidelines for off-campus conduct have been established in order to uphold standards of behavior that should be demonstrated by Le Moyne students when they are present or reside in the local community. The College encourages its students to behave as exemplary citizens and to demonstrate respect and concern for all members of the local community.
A. Be courteous to neighbors and community residents.
B. Operate stereos and other electronic equipment at reasonable sound levels. Keep noise levels within apartments and on the street at reasonable levels.
C. Respect the property of others and refrain from public urination.
D. Maintain an orderly residence. The following are examples of a disorderly resi¬dence: using or selling drugs; violating alcohol laws; hosting parties where there is public drunkenness; excessive noise and/or other behavior which is in disregard of the surrounding community; violating the College’s Sexual Harassment, Alcohol & Drug Policies or Student Conduct Code.
E. In cases involving student misconduct off-campus, the College reserves the right to exercise its discretion in taking disciplinary action. If found responsible, students may be subject to the same sanctions imposed for on-campus violations.

Off-Campus Incidents Involving Le Moyne College Students
Le Moyne College reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community and the students who comprise it. The College reserves the right to investigate and subsequently take action for behavior of Le Moyne students in off-campus situations when such behavior is believed to have an impact on the Le Moyne community. Examples are alleged instances of criminal activity commencing on campus but relocated off campus; harassment of or assault on a member of the College community; criminal activity involving a student; violation(s) of city/town ordinances such as public intoxication; noise and vandalism and student conduct violations in organized group living situations or in College-owned housing. The decision to take action in such cases will be determined by the asst. dean for student development in consultation with appropriate College officials.

Discrimination

Le Moyne College does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, marital status, veteran’s status, political ideology, religion, national or ethnic origin, age or disability in the administration of educational policies or programs, admission and employment policies, scholarship and loan programs and athletic and other school-administered programs. As a Catholic and Jesuit institution, Le Moyne is dedicated not only to learning but also the development of sensitive and responsible persons. Because the College prepares individuals for participation in an increasingly diverse world and its institutions, the climate of the College life must be one in which academic freedom prevails along with respect for and tolerance of cultural, ethnic, racial and political differences, religious preferences, sexual orientation, variations in age, and people with disabilities. The College values and celebrates the diverse backgrounds, cultures, experiences, and perspectives of our community.

Through the promotion and protection of diversity, the Le Moyne College community creates an environment where holistic development, academic excellence, and a commitment to the well being of others can flourish. The College is committed to maintaining a diverse and multicultural community in which the dignity and worth of each of its members is respected. The College strongly condemns any unlawful or wrongful discrimination against the rights of others.

Harassment

Le Moyne College is committed to a workplace and educational environment that is free of sexual and other unlawful harassment and where the dignity and worth of each of its members is respected. Sexual harassment is a type of discrimination prohibited by federal and state laws. Sexual or other unlawful harassment occurring in the course of any College activity is prohibited. Harassment on the basis of race, color, sex, sexual orientation, gender identity, marriage status, veteran’s status, political ideology, religion, national or ethnic origin, age, or disability is a violation of College policy.

The College defines harassment as verbal or physical conduct based on a person’s race, color, sex, sexual orientation, gender identity, marital status, veteran’s status, political ideology, religion, national or ethnic origin, age, or disability that is sufficiently severe, pervasive, persistent, or patently offensive that it has the purpose or effect of denying or limiting a student’s ability to participate in or benefit from the educational program, or that creates an intimidating, hostile, or offensive working, educational, or living environment.

Students with concerns about possible discriminatory treatment, harassment by another student, student group, or student organization are encouraged to contact Security (445-4444), Campus Life and Leadership (445-4520) or the Office of Student Conduct at 445-4525. The Office of Student Conduct will review options for addressing the situation. In cases of physical assault or destruction of property, individuals are also encouraged to immediately contact the Security Office at 445-4444.

I. Introduction
As an institution of higher education with a longstanding Jesuit and Catholic tradition, Le Moyne College recognizes its obligation to promote an environment and collective attitude that encourages students, faculty, staff and administrators to serve others, participate in the life of the College, and act as responsible members of the community. This includes behavior in the realm of human sexuality. Acts of sexual harassment and sexual misconduct including sexual assault undermine the dignity of individuals and the principles of equality and respect for others and are serious violations of our community standards. These acts do not just harm the individual; they harm the College community as a whole. Le Moyne College does not condone or tolerate any conduct that would constitute sexual harassment or sexual misconduct.

Student Policy on Sexual Harassment and/or Sexual Misconduct, which is part of Community Standards & Conduct Procedures, aims to ensure that all members of the Le Moyne community can learn, live and work free from being subjected to inappropriate sexual behavior and sexual violence. All students are encouraged to read this policy and develop a clear understanding of what is and is not acceptable sexual behavior.

This policy will outline clear procedures for reporting all categories of sexual harassment and sexual misconduct allegations that occur between students and student organizations. Any member of the College community may file charges against a student for violations of the Community Standards.

Le Moyne College has a host of security, psychological, medical, administrative and disciplinary services that are immediately available to students reporting sexual harassment and/or sexual misconduct. Through these policies and procedures Le Moyne College looks to achieve several goals:
• A campus climate which encourages prompt reporting of sexual harassment and/or misconduct.
• To provide prompt professional and support services to the victims of sexual harassment and/or misconduct in an effort to reduce the victim’s trauma.
• To provide a comprehensive system that informs victims of the rights and services available to them.
• To cultivate a campus community where instances of sexual harassment and sexual misconduct are avoided through ongoing education, training and mutual respect for each other.

This policy protects the rights of both the accused and alleged victim. The accused student generally shall be free from sanction, pending the conclusion of a case. However, where the nature of the case indicates that there is a credible danger to the immediate well-being of any member of the College community, appropriate interim measures (temporary suspension from the College and its residence halls) may be taken by the vice president for student development or his or her designee.

II. Use of Policy
A. Complaints Against Students
This policy applies in those instances when a student alleges that he or she has been subject to sexual harassment or misconduct by another student. This policy also applies where a prospective student or other visitor to the campus (e.g., a guest of another student, an alumnus or alumna, or a member of a visiting team) complains of a Le Moyne student’s behavior.

If a student is a victim of sexual misconduct or harassment by someone other than another student, then this policy does not apply, and the student should do the following:

1. Complaints Against Faculty or Staff
If a student wishes to bring forward a complaint of sexual misconduct or sexual harassment against a faculty or staff member, the policy that applies in those situations is the Faculty and Staff Policy on Sexual Harassment and Nonconsensual Sexual Activity. The student should follow the procedures outlined in that policy.

2. Complaints Against Visitors or Non-Community Members
If a student wishes to bring forward a complaint of sexual misconduct or sexual ha¬rassment against a visitor or non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another College’s team, a local resident), the complaint should be made to Campus Security at x 315-445-4444.

Campus Security will investigate complaints, and the College will determine the appropriate action to be taken, which may include contacting local law enforcement.

B. On-Campus and Off-Campus Behavior
This policy applies to conduct that occurs on any part of Le Moyne’s campus or property. It also applies when students travel off-campus as part of a College’s activity, team, organization or event. Additionally, Le Moyne has the discretion to discipline student behavior that occurs off-campus, and/or during a time when the College is not in session. In making these determinations, the Division of Student Development considers whether the behavior impacts the campus environment (as would be the case, for example, if one student sexually assaults another student in an off-campus apartment or overseas during a semester abroad, or if a student sends another student lewd and threatening sexual emails while at home during the semester break). In understanding this aspect of Le Moyne’s expectations for student behavior, it may be helpful to think of student status as “portable” and therefore operative even when students are not on Le Moyne’s campus or property.

C. Timeframe for Making a Complaint
While there is no time limit for bringing forward a complaint, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate. Therefore, students are encouraged to make a complaint as soon as possible after the incident has occurred. Although not an ideal situation given the passage of time, a former student may make a complaint against a current student. However, the reverse is not true: the complaint of a current student against a former student is not subject to adjudication pursuant to this policy. Nevertheless, Le Moyne’s officials will help the complaining student to report the allegations to the appropriate off-campus authorities.

III. Definitions of Sexual Harassment & Sexual Misconduct
The New York State Penal Law defines a number of violent and non-consensual acts as crimes. For purposes of this policy the term “Sexual Misconduct” includes: sexual harassment, Level I, II & III sexual misconduct and sexual exploitation as outlined in the definitions below.

Le Moyne College has defined several categories of sexual misconduct below, for which student sanctions can apply. Sexual misconduct of any nature is a serious violation of our student code of conduct and Le Moyne reserves the right to impose any sanctions outlined in the Community Standards and Conduct Procedures, including suspension and dismissal from the College. Also, students have the right to contact law enforcement for sexual misconduct at any level defined below. If Level I sexual misconduct has been alleged, the College will contact the appropriate law enforcement agency.

A. Sexual Harassment
Federal and state laws prohibit sexual harassment. These laws include Title IX of the Education Amendments of 1972 and the New York State Human Rights Law. This policy prohibits conduct that would violate these laws. However, as a supportive and collegial community, Le Moyne also prohibits student behavior that sexually demeans or humiliates other community members as described below, even if the conduct does not violate the law.

Stalking can be a form a sexual harassment when the person stalked is made to feel sexually uncomfortable or vulnerable as a result of the activity. Stalking refers to a person’s deliberate and repeated following, observing, contacting or communicating with another person when the other has not consented to the activity. Stalking includes, but is not limited to, repeatedly engaging in contact, face-to-face communication, telephone calls or messages, text messages, emails, letters, the giving of unwanted gifts, threatening or obscene gestures, surveillance, following, trespassing or vandalism.
Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct that relates to the gender or sexual identity of an individual when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of a student’s employment or academic advancement;
(2) submission to or rejection of such conduct by an individual is used as the basis for decisions affecting an student’s employment or academic standing;
(3) such conduct is so severe or pervasive as to have the effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working, educational, or social environment.

No forms of sexual harassment will be tolerated. This includes mobile and Internet driven sexual harassment, commonly delivered through the electronic environment. This includes, but is not limited to: emails, text messages, personal blogs and social networking sites, such as message boards, tweets, status updates and chat rooms.

B. Sexual Misconduct
Sexual misconduct is also a form of sexual harassment prohibited by Title IX. Any sexual activity without mutual consent is prohibited. Violations of this policy shall include but not be limited to the following:

Level I Sexual Misconduct
Level I sexual misconduct offenses are considered the most serious by Le Moyne College and include any sexual penetration, regardless of how slight, with any type of body part or object, or sexual intercourse by a man or woman upon a man or woman without consent. Sexual penetration includes, but is not limited to, vaginal or anal penetration by a penis, finger, tongue or object, as well as oral copulation by mouth to genital contact or genital to mouth contact. Additionally, any other type of sexual misconduct outlined in this policy which involves any level of violence will be considered a Level I sexual misconduct.

Level II Sexual Misconduct
Level II sexual misconduct offenses are any intentional sexual touching, however slight, with any object by a man or woman upon a man or woman without consent. Sexual touching includes any bodily contact with the genitals, breasts, groin, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

Level III Sexual Exploitation
Sexual exploitation occurs when a person takes non-consensual or abusive sexual advan¬tage of another for his/her own benefit or to benefit someone other than the individual being exploited, and that behavior does not otherwise constitute a violation of sexual harassment or a level I or II sexual misconduct as defined above. Examples of sexual exploitation include, but are not limited to:
• Sexual voyeurism (without consent or exceeding the bounds of consent watching another undress, use the bathroom or engage in sexual acts)
• Non-consensual video, photography or audio taping of sexual activity
• Exceeding the boundaries of consent – without consent of all involved allowing others to watch consensual sexual activity by such means as hiding in a closest, webcam, etc.
• Knowingly engaging in sexual activity with another while knowingly being infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) without informing the other person of the infection
• Prostitution or promoting prostitution
• Administering to another person without their knowledge or consent alcohol or drugs (to include “date rape” drugs) for the purpose or with the effect of having sexual contact or attempting sexual contact with that person
• Hazing as outlined in the Community Standards and Conduct Procedures hand¬book, which involves any type of sexual overtones

IV. Consent
What is consent? Consent is permission. It is clear, given knowingly and voluntarily, either by actions or by words by someone capable of giving it. It must be explicit and not implied. It is the responsibility of all parties involved to make certain the other has consented to sexual activity. Consent to some sexual activity (i.e., kissing, fondling) cannot be presumed consent for other sexual activity (i.e., intercourse). A past relationship or prior consenting sexual activity does not constitute consent for future sexual activity.

Incapacitated persons cannot give consent. One is incapacitated as a result of alcohol or drugs (voluntary or involuntary) or who is unconscious, unaware of his or her surroundings or is disorientated so as to not understand what is happening, or otherwise physically helpless, is incapable of giving consent. A student who engages in sexual activity with another whom the student knows or should reasonably know is unable to give consent because of the use of drugs, alcohol or other substances is in violation of this policy.

Consent may be withdrawn by an individual at any time during sexual activity. This withdrawal of consent may be through words, actions or a combination of both, that he or she no longer wants the activity to continue. When this occurs the other participant must cease immediately.

In New York state, a minor (meaning a person under the age of 17 years) cannot consent to sexual activity. This means that sexual contact with a person less than 17 years old is a crime as well as a violation of this policy even if the minor wanted to engage in the sexual act.

V. Reporting Procedures
Le Moyne College strongly encourages victims and/or witnesses of sexual harassment and/or sexual misconduct to report these incidents. Threats of retaliation or other attempts to prevent the reporting of sexual harassment and/or sexual misconduct is itself prohibited and will result in disciplinary action and/or sanctions. Le Moyne College will promptly, impartially and thoroughly investigate all claims of sexual harassment and/or sexual misconduct, prevent future incidents and remediate the effects of the misconduct. Students can contact the resident assistant (RA) for help in filing a report of the incident and/or obtaining medical treatment. Please note that the RA is a resource to help students. The RA cannot be an anonymous report of a sexual harassment and/or sexual misconduct incident.

If you are in immediate danger, you need to get to a safe place and dial 911 or Campus Security at 315-445-4444. If you are in need of medical attention dial 911 or call Campus Security at 315-445-4444.

Incidents of sexual harassment and/or sexual misconduct should be reported to one of the following:
• Campus Security at 315-445-4444
• Campus Life and Leadership at 315-445-4520
• Student Development at 315-445-4525
• Deputy Title IX Coordinator - Barbara Karper, assistant vice president of student development, 315-445-4525
• Title IX Coordinator: Jack Matson, associate vice president of human resources, 315-445-4155

Students needing confidential medical and counseling services may contact the office of
Health Services at 315-445-4440
Counseling Services at 315-445-4195
These two offices are part of the Wellness Center for Health and Counseling at 315-445-4195. The Wellness Center for Health and Counseling can help students report incidents of sexual harassment and/or sexual misconduct to Campus Security, Campus Life and Leadership and/or Student Development. Students need to clearly tell a member of the Wellness Center for Health and Counseling that they would like to facilitate such a report.

Anonymous reporting
A student who wishes his/her report to remain anonymous may do so by reporting the sexual harassment and/or sexual misconduct directly to the Wellness Center for Health and Counseling. By making the report to the Wellness Center for Health and Counseling, the student will able to receive any necessary medical and psychological services. The Wellness Center for Health and Counseling will only complete an “Anonymous Sexual Misconduct Report,” which will not identify the victim.

An “Anonymous Sexual Misconduct Report” completed by the Wellness Center for Health and Counseling does not constitute a security incident report, a Campus Life and Leadership report or a police report. This form is strictly for Jeanne Clery Act disclosure purposes and will not initiate an investigation. The victim will not be contacted by anyone outside of the Wellness Center for Health and Counseling unless the victim so desires.

Incident Report
A student may file an official incident report regarding sexual harassment and/or misconduct 24 hours a day, seven days a week with Campus Security located in the basement of Nelligan Hall, at 315-445-4444. The report could include the victim’s name, as well as the suspect(s) if known. A preliminary investigation will be conducted by Campus Security, which may include notifying the local law enforcement agency. The Campus Security report will be forwarded to the assistant dean for student development and the Title IX Coordinator, who will follow the procedures outlined in this policy.
If after filing an incident report with Campus Security, the victim does not wish for the investigation to continue, the College will give due consideration to the victim’s request. However, it may be necessary for the College to pursue the investigation notwithstanding the student’s wishes and take action when there is a risk to the safety of the campus community or when otherwise legally obligated to do so.

Criminal Report
A student who has been sexually assaulted is encouraged to contact local law enforcement directly by dialing 911 or with the assistance of Campus Security at 315-445-4444. Filing an official police report is different than filing an incident report with Le Moyne College Campus Security. When a student files a sexual assault report with local law enforcement a criminal investigation is initiated and that investigation is often transferred to either the Syracuse Police Department or Onondaga County Sheriff’s Office Abused Persons Unit for further investigation. Based on the criminal investigation a determination will be made if the case will be prosecuted.

A criminal investigation into allegations of sexual misconduct does not end the College’s duty to investigate and resolve complaints promptly and equitably. After the police have completed their initial evidence gathering phase of their investigation in appropriate cases, Le Moyne College may want to proceed with its own fact-finding investigation and procedures under this policy. Le Moyne College does not have to wait for the completion of any civil or criminal case before proceeding with campus conduct procedures.

VI. Confidentiality
Le Moyne understands that a student who has been the victim of sexual misconduct and/or sexual harassment may wish to talk about the incident with the assurance that the discussion will be confidential. There are several support resources that students may utilize on a confidential basis. These include Wellness Center for Health and Counseling staff members and members of the Jesuit community. Students are encouraged to consult these sources for confidential emotional support. Because these services are confidential, a discussion with any of these sources does not result in a complaint being filed with the College or result in action being taken by the College to respond to the incident. A student who wants emotional support only should contact the confidential counseling resources listed above. A student wishing to have an incident investigated, mediated or adjudicated must make a complaint in accordance with the procedures described below.

The College endeavors to respect and follow the wishes of an individual who brings forward a sexual misconduct and/or sexual harassment concern. However, students should understand that Le Moyne may have ethical and legal obligations to investigate, attempt to resolve or adjudicate incidents of sexual misconduct and/or sexual harassment that come to its attention. Therefore, depending on the circumstances, it may not be possible for a conversation with Campus Security personnel, the Division of Student Development, or other administrators to be kept in confidence always or, said another way, for these individuals simply to listen without taking action.

VII. Student Conduct Process
Through the Division of Student Development, Le Moyne College may initiate disciplinary proceedings when an incident report is filed by a student alleging sexual harassment and/or sexual misconduct. In most cases, both the victim and the accused will meet separately with a member of the Division of Student Development and will be provided information pertaining to the rights students have when going through the student conduct process to have reports handled as discreetly as possible.

Sexual Harassment and Sexual Misconduct Board (SHM Board)
A Sexual Harassment and Sexual Misconduct Board (SHM Board) is responsible for adjudicating Sexual Harassment and Sexual Misconduct cases. The SHM Board is a six-member body consisting of five voting members from the faculty, staff and/or administration and one non-voting chair (assistant dean for student development or a designee). SHM board members are specifically designated and undergo appropriate training to assist in the processing of formal complaints by students against students alleging sexual harassment and/or sexual misconduct.

The Le Moyne student conduct system is not meant to model criminal or civic judicial proceedings. Information for a finding is based on a standard of the preponderance of evidence (“more likely than not” to have occurred). The information does not have to be in the form of physical evidence nor does the violation have to be witnessed. Circumstantial information can be sufficient in some instances for the College to determine that a violation was “more likely than not” to have occurred. The decisional authority takes into consideration whether the spirit or intent of the policy was violated.

A. Hearing Procedures
The following is a general description of the formal hearing board process. The process may vary as appropriate for specific hearings.

The accused student shall receive written notification which may include electronic mail from the Division of Student Development at least 48 hours before any hearing. The notice will indicate the charges against the student.

If a student cannot attend the hearing, the College has the right to conduct the hearing without the student present.

Students may only bring a faculty/staff member or an administrator as an advisor to the hearing. Advisors may furnish advice only and may not question witnesses or other individuals involved in the proceedings.

The hearing will be presided over and administered by the chair, who will determine the order and method of proceeding concluding any procedural matters not explicitly dictated by this policy. The chair will exercise control to prevent needless consumption of time, disruption, harassment, intimidation or other conduct not conducive to the review. The chair will read the charges during the hearing and may exclude from the hearing any person who engages in conduct not conducive to the review.

The hearing generally will be closed to anyone other than the accused student and the complainant, their respective permitted advisors, and (during their testimony) any witnesses, but the chair may in his or her discretion permit others to attend if he or she deems that their presence may be helpful to the review and determination of the charges or that there are other compelling reasons for their presence. Parents, family, legal counsel and any non-Le Moyne community member will not be permitted to attend the hearing.

The complainant and the accused student may each request the presence of witnesses at the hearing. Such requests must be submitted to the chair in writing at least 24 hours before the hearing and must describe the requested witnesses’ expected testimony. All questions posed to non-board members from the complainant and/or student charged must be asked through the chairperson.

The chair may refuse to call a requested witness or otherwise limit their testimony if the chair determines that the expected testimony is not sufficiently relevant to the charges, would be duplicative of other testimony, or would otherwise not be significantly helpful to the review and determination of the charges. The chair may also call additional witnesses on his or her own initiative.

The complainant and the student charged shall be allowed to make opening and closing statements.

The board deliberates in closed session and determines if the student is responsible for the alleged violation(s). A simple majority of the voting board members is sufficient for determining a student’s responsibility for violations.

If a student is found responsible, the board shall receive the record of any previous student conduct violations and sanctions and any other information relevant to recommending sanctions. The board members then deliberate and decide on the appropriate sanction.

The chair in a timely manner will inform the complainant and the student charged of the decision. The decision of the board is effective immediately following the hearing and shall be substantiated in writing.

A recording of the proceedings may be made at formal hearings.

SHM board members are required to maintain confidentiality as to student conduct records, the deliberations and votes taken.

B. Potential Sanctions
In assessing a disciplinary penalty, the seriousness of the sexual harassment incident will be evaluated. Although relatively minor incidents usually result in lesser forms of disciplinary action, Le Moyne reserves the right to impose any level of discipline, up to and including suspension or expulsion, for any violation of the Community Standards, Sexual Harassment and/or Sexual Misconduct policy or any other College policy, based on the facts and circumstances of the particular case.

VIII. Appeals Process
A formal hearing appeals board (SHM Appeals Board) will respond to appeals from students who have had disciplinary sanctions placed upon them by a SHM board or from complainants who may not be satisfied with the outcome from the original board. A SHM Appeals Board includes a four-member body consisting of three voting members from Le Moyne’s faculty, staff and/or administration and the chair is the vice president for student development. The SHM Appeals board members are chosen by the vice president for student development. The SHM Appeal Board members are not the same members who serve on the original SHM board.

Appeals Board Hearing Procedures
Appeals to the SHM Appeals Board must be in writing and submitted to the vice presi¬dent for student development within five business days of the date of the SHM board findings letter.
The appeal will be limited to a review of the record of the hearing and supporting docu¬ments for one or more of the following purposes:
• To determine whether the hearing was conducted fairly in light of the charges and information presented. In conformity with prescribed procedures, the com¬plaining party will be given a reasonable opportunity to prepare and to present information that the community standards were violated, and the accused student will be given a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
• To determine whether the sanction(s) imposed, if any, were appropriate for the violation of the student conduct code which the student was found to have com¬mitted.
• To consider new information or other relevant facts not brought out in the origi¬nal hearing, sufficient to alter the decision, because such information and/or facts were not known or available to the person appealing at the time of the original hearing. Failure to participate in the hearing may not be used as a basis for filing an appeal under this section.

The following is a general description of the SHM Appeals Board process. The process may vary as appropriate for specific hearings.

The SHM Appeals Board shall review the appeal and the written documentation from the original hearing. If they desire, they may also review the recording of the hearing, ask questions of the complainant/student(s) charged, ask questions of the SHM chair and/or request additional information.

The vice president in conjunction with the SHM Appeal Broad may affirm, reverse or modify the decision regarding the violation and/or sanctions imposed.

A recording of the proceedings may be made at an SHM Appeals Board hearing.

It is expected that the SHM Appeals Board will normally meet to review and make a decision on the appeal within seven working days of the receipt of the appeal. The final decision is not subject to review.

The student who appealed the disciplinary sanction and the complainant who may not be satisfied with the outcome from the original board will be notified in writing the outcome of the appeal process.

SHM Appeals Board Hearings are not open to the public, other members of the College community, parents, family members, friends, or legal counsel. The chair shall have final authority regarding individual access to SHM Appeals Board hearing.

SHM Appeals Board members are required to maintain confidentiality as to student conduct records, the deliberations, and votes taken.
Statement of Students Rights
A. Student Who Reports Sexual Harassment and/or Sexual Misconduct is entitled:
• To be treated with respect by College officials;
• To take advantage of campus support services such as the Counseling Center: (315) 445 – 4195, Health Services:– 4440, Student Development: - 4525, Title IX Coordinator:– 4155, or Campus Ministry: – 4110;
• To have reports of sexual harassment and sexual misconduct responded to in ac¬cordance with College policy;
• To have a trained advisor present during the Sexual Harassment and/or Sexual Misconduct Board proceedings;
• To have irrelevant prior sexual history disallowed from the Sexual Harassment and Sexual Misconduct Board hearing;
• To not be charged with minor misconduct that is ancillary to the sexual harass¬ment and/or sexual misconduct incident;
• To receive notification of options for and available assistance in changing aca¬demic and living situations after an alleged incident;
• To be free from retaliation;
• To be informed of the names of all witnesses who will be called to the hearing prior to the hearing;
• To be informed in writing of the outcome of any formal disciplinary hearing;
• To have the right to a hearing by means other than having to face the accused student;33
• To have access to and use of off-campus resources
• Vera House (315) 468 - 3260
• City of Syracuse Police Department Dial: 911 or (315) 442-5111
• Town of DeWitt Police Department Dial: 911 or (315) 425-2333
• Onondaga County Sheriff’s Office Dial: 911 or (315) 425- 2111
• St. Joseph’s Hospital Emergency Room (315) 448-5101
• College Hospital Emergency Room (315) 464-5611
• Crouse Irving Hospital Emergency Room (315) 470-7411
B. Student Accused of Sexual Harassment and/or Sexual Misconduct is entitled:
• To be treated with respect by College officials;
• To take advantage of campus support services such as the Counseling Center: (315) 445 – 4195, Health Services:– 4440, Student Development: - 4525, Title IX Coordinator:– 4155, or Campus Ministry: – 4110;
• To have reports of sexual harassment and sexual misconduct responded to in ac¬cordance with College policy;
• To have an advisor present during the Sexual Harassment and/or Sexual Miscon¬duct Board proceedings;
• To have irrelevant prior sexual history disallowed from the Sexual Harassment and/or Sexual Misconduct Board hearing;
• To be free from retaliation;
• To be considered not responsible until proven responsible;
• To be offered a trained advisor from the faculty, staff or administration to be pres¬ent during a formal student conduct hearing;
• To be informed of the names of all witnesses who will be called to the hearing prior to the hearing;
• To be informed in writing of the outcome of any formal disciplinary hearing.

Purpose- A smoke-free policy has been developed to comply with New York City Smoke-Free Air Act (Title 17, Chapter 5 of the Administrative Code of the City of New York) and New York State Clean Indoor Air Act (Article 13-E of the New York State Public Health Law), and to protect all employees and visitors from secondhand smoke, an established cause of cancer and respiratory disease. The policy set forth below is effective July 24, 2003, for all Le Moyne College locations.

Smoke-Free Areas- All areas of the workplace are now smoke-free without exception. Smoking is not permitted anywhere in the workplace, including all indoor facilities and company vehicles with more than one person present. Smoking is not permitted in private enclosed offices, conference and meeting rooms, cafeterias, lunchrooms or employee lounges.

Smoking is prohibited in indoor locations where smokers and non-smokers routinely occupy the same area. Such areas include (but are not limited to): classrooms, dining facilities, offices, computing facilities, laboratories, seminar rooms, libraries, conference rooms, auditoriums, theaters, athletic facilities, stores, health facilities, rest rooms, stairwells, hallways, elevators, lobbies, reception areas and public areas in residence halls and residence hall rooms.

Sign Requirements- “No Smoking” signs must be clearly posted at all entrances and on bulletin boards, bathrooms, stairwells and other prominent places. No ashtrays are permitted in any indoor area.

Compliance- Compliance with the smoke-free workplace policy is mandatory for all employees and persons visiting Le Moyne College, with no exceptions. Employees who violate this policy are subject to disciplinary action. Any disputes involving smoking should be brought to the attention of the Office of Human Resources. The law prohibits employers from retaliating against employees who invoke the law or who request management’s assistance in implementing it in the workplace.

Smoking Cessation Opportunities- Le Moyne College encourages all smoking employees to quit smoking. Smoking cessation information is available from the New York Smokers’ Quit Line at 1-866-NY QUITS (1-866-697-8487).

The policy requires the mutual cooperation of smokers and non-smokers for its success. It is the responsibility of all members of the campus community to observe the College’s smoking policy and for all supervisors to communicate the policy and implement its guidelines. A complaint, concern or dispute regarding the policy should be promptly referred to the immediate supervisor for resolution. If resolution cannot be readily reached, the matter should be promptly referred to the appropriate vice president. Continued violation of the College’s smoking policy by students in extra-curricular settings (e.g., residence halls) will be adjudicated through the established student conduct process. If non-smokers’ complaints cannot be resolved by administration, the county Board of Health or state Health Department are available to help. When the state Health Department is the enforcement officer, a fine of up to $1,000 may be imposed on institutions that do not comply with the act. This policy does not supersede any federal, state or local laws and ordinances that may become effective. The Le Moyne College smoking policy became effective April 5, 1988, and will be subject to review.
The possession and/or use of a hookah is prohibited on College property. If a hookah is found and contains a drug residue indicating prior use, the hookah will be confiscated and the student will be held responsible for violating the College Drug Policy. If the hookah is clear of any drug substance it will be released to the student at the time of his/her departure from campus to home.

Questions- Any questions regarding the smoke-free workplace policy should be directed to the Office of Human Resources at 445-4155.