Student Handbook

Policies, Procedures and Resources for the Le Moyne Community

Community Standards

Students are expected to act responsibly, with sensitivity and in good taste. They are expected to accept the consequences of their actions in all phases of their lives. In their social behavior they should consider their own well-being and that of others and the College. As members of the Le Moyne College community, both graduate and undergraduate students are expected to abide by the rules and regulations published in this handbook or adopted by the College from time to time. These rules, which protect the rights of individuals, require that students take responsibility for their behavior.

Statement of Values

As an institution of higher learning in the Jesuit tradition, Le Moyne College is dedicated to the pursuit of excellence in all aspects of life. The College recognizes that a values-based education is a part of its mission, and that a community atmosphere informed by values is necessary to the achievement of its academic mission.

Le Moyne College firmly states that the following are the values upon which its communal life is built and which students must adopt as their own. Because of the importance Le Moyne attaches to these values, each person who agrees to be a part of the Le Moyne College community must concur with and abide by these values. The values that Le Moyne finds to be essential to its nature and mission, and to which it commits itself and asks all members of its community to adhere to, are:

1. A belief in the potential for excellence in each person. This conviction requires an environment that both supports and challenges the development of human capabilities.

2. An affirmation of a belief in every individual’s basic integrity and responsibility, and an affirmation of the process of community based on the human capacity to love, respect and work with one another for personal, intellectual and social improvement.

3. An acceptance of a belief in the importance of individual hard work for developing one’s intellectual capacities in conjunction with physical, social and spiritual growth.

4. A recognition of the need to strive to reach these stated values and to overcome the inclinations that generate human exploitation, dishonesty, violence, and the mental and physical abuse of one’s self and others.

5. An avowal of the importance of the individual and of individual differences that prompt the need for personal attention, concern and respect.

6. A statement of the need for order, cleanliness and beauty in the social and physical environment in order to encourage development and growth.

It is the College’s firm position that the maintenance of an environment in which these values are upheld will afford all members of the College community the opportunity to achieve their potential as human beings. Furthermore, the College believes that it is the responsibility of each member of the learning community to assure that these values continue to enrich the life of the College and the lives and conduct of each member of the College community.

Students who have any information regarding policy violations should contact a campus life and leadership staff member, security and/or the assistant dean for student development.

 

Details
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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 are expected to be respectful of College faculty, administration, staff and their peers. Any form of inappropriate communication, gesture or action (including but not limited to pushing, intimidating/threatening words, bullying) is prohibited and will result in disciplinary action

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 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.

Students are required to comply with reasonable requests, directives, or orders by authorized College personnel. Compliance includes, but is not limited to, reasonable requests for students to meet appointments in faculty, administrator, and staff offices, cooperativeness at conduct investigations and hearings, and properly identifying themselves upon request. Students who are found responsible for non-compliance will be subject to disciplinary action.

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.

Students are prohibited from giving false information in any College proceeding or meeting or knowingly give false information to any College official. Students may not possess false information (including but not limited to fake IDs). The falsification of records is prohibited. In addition, the creation, manufacturing and/or distribution of false identification is prohibited.
Failure to abide by dining regulations, including, but not limited to, engaging in food fights, other disruptive or disrespectful behavior, removal of food or utensils, or unauthorized entrance to the dining hall will result in disciplinary action. Dining privileges suspended or revoked for disciplinary reasons are not eligible for a refund.
Students who are disruptive to the life of the College, disregard the rights of others, or are disrespectful of the community will be subject to disciplinary action.
Firearms and/or weapons (air guns, pistols, mace, switchblades or butterfly knives, bows and arrows, etc.) are not allowed in Le Moyne residences or on campus at any time. Having any of these items is in violation of New York state penal laws as they pertain to colleges. The possession or use of explosives of any kind, including fireworks, firecrackers and cherry bombs or dangerous chemicals, is prohibited. If a student is found in possession of a firearm or other weapon or explosives, it is sufficient cause for disciplinary action.

It is essential that all students become familiar with the stairways and all exit doors from the residence halls. The location of fire extinguishers should be carefully noted. In the event that a fire is noticed anywhere on campus, the fire alarm should be pulled, then the security office (4444) should be called immediately and given the exact location of the fire. The dispatcher will contact the appropriate fire department.

Meetings will be held during the academic year at which fire drill procedures will be explained. Failure to exit a building during a fire alarm is a violation of New York state law.

Disciplinary action and a fire safety fine up to $50 may be imposed for failure to respond to a fire alarm.
Any student found to have falsely initiated a fire alarm will be subject to strict disciplinary sanctions.

The deliberate setting of a fire is a very serious offense and may result in removal from housing and/or dismissal from the College.

Gambling is strictly prohibited on the Le Moyne campus. The promotion of gambling activity in College premises is subject to suspension or dismissal from Le Moyne College.

Gambling can lead to significant problems and even addiction. Signs of problem gambling include gambling alone, minimizing and concealing the extent of gambling, or arguing with family members about financial difficulties. Help is available for problem gambling. Treatment options may involve a combination of individual/group therapy, family therapy, financial recovery counseling, and/or psychiatric medications. Sufferers can reduce the role of gambling in their lives and learn to cope with their problems more productively.

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

I. Introduction

In accordance with its Jesuit and Catholic mission, Le Moyne College welcomes and respects the fundamental dignity of students, faculty and staff from all backgrounds and identities, strives to create a community that does the same, and facilitates the education and development of students as men and women for and with others. Bias-related incidents, hate crimes, and bullying in all forms are unacceptable and antithetical to these goals as they send a powerful message of intolerance and discrimination, disrupt the community and educational environment and erode standards of civility.

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, disability or social class as well as other identities that can be targeted in the administration of educational policies or programs, admission and employment policies, scholarship and loan programs, athletic and other school-administered programs.

As the College is committed to maintaining an environment in which the dignity and worth of each member of its community is respected, it will not tolerate harassment of its members by students, faculty, staff, guests or visitors. The College also does not tolerate any actual or attempted reprisals or retaliation against any employee or student who raises a sincere and valid concern regarding harassment or discrimination. All such discrimination, harassment, and/or retaliation are, therefore, strictly prohibited. Anyone engaging in the above mentioned conduct is subject to disciplinary action as described herein.

In accordance with Section 6436 of the New York State Education Law, and in order to inform the Le Moyne community about bias related crime prevention and reporting procedures, the College provides a series of presentations on student safety and residence hall security. In addition, security procedures and the availability of counseling and support services are discussed with incoming students and their parents or guardians at New Student Orientation. In addition, key staff members in campus life and leadership, security, counseling, and student development are trained to respond to hate crimes, bias-related incidents, bullying and other crimes on campus.

II. Use of Policy

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 through the Internet, via mobile phones, and any other digital communication technologies. The College also reserves the right to address hate crimes, bias related incidents/crimes or bullying that occurs off campus or during a time when the College is not in session.

Campus Security will investigate complaints, and the College will determine the appropriate action to be taken, which may include contacting local law enforcement. Campus Security may be contacted at 315-445-4444. Complaints Against Students This policy applies in those instances when a community member (faculty, staff or student, including a guest of another student, an alumnus or alumna, or a visitor to the campus) feels they have been a victim of bias behavior or harassment by a Le Moyne College student.

Complaints Against Faculty or Staff
This policy applies if a community member wishes to bring forward a complaint of bias behavior or harassment against a faculty or staff member.

Complaints Against Visitors or Non-Community Members
This policy applies if a student wishes to bring forward a complaint of bias behavior or harassment 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, etc).

III. Definitions

Whether a particular act is considered a hate crime, bias related incident/crime or bullying lies in the point of view of the person(s) in which the acts were directed towards. In making these determinations, the Division of Student Development will consider whether the behavior impacts the campus environment and the educational experience of the student targeted.

Hate Crimes
Hate crimes are conduct, such as threats of violence, property damage, personal injury and other illegal conduct (Refer to New York State Penal Law Section 485), which are motivated and/or accompanied by bias.

New York State Penal Law Section 485, also known as the “Hate Crimes Act of 2000,” sets forth the definition of a hate crime. Specifically, a person commits a hate or bias-related crime when he or she commits a specified offense and either:

intentionally selects the person against whom the offense is committed or 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 that person, regardless of whether the belief or perception is correct, or

intentionally commits the act or acts constituting the offense 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 a person, regardless of whether the belief or perception is correct.

Bias-Related Incident/Crimes
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 include, but are not limited to, non-threatening name calling and using degrading language or slurs that are directed toward a person because of his or her membership or perceived membership in a protected class and that create a hostile environment for that person. New York State Penal Law Section 485, also known as the “Hate Crimes Act of 2000,” sets forth the definition of a bias-related crime. Specifically, a person commits a hate or bias-related crime when he or she commits a specified offense and either:

intentionally selects the person against whom the offense is committed or 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 that person, regardless of whether the belief or perception is correct, or

intentionally commits the act or acts constituting the offense 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 a person, regardless of whether the belief or perception is correct.

Bullying
Bullying is defined as repeated, unreasonable, or unwanted actions of a person or group of persons directed towards another person or group of persons, which are intended to hurt a person physically or emotionally, intimidate, degrade, humiliate, and/or undermine an individual.

Bullying can include covert and/or overt actions and take on many forms including, but not limited to, verbal behavior (such as teasing, threats, name-calling), social actions (such as spreading rumors, excluding individuals, posting inappropriate messages, vandalism), and physical acts (such as hitting, punching, shoving).

IV. Reporting

A. Initiating a Complaint
Individuals who would like to initiate a formal complaint are encouraged to report hate crimes, bias-related incidents/crimes and bullying to Campus Security. Incidents that place an individual and/or the community at risk of physical or emotional harm warrant the direct and immediate involvement of College staff.

Incidents that involve physical violence or the threat of physical violence should be addressed with the assistance of a college staff person, Assistant Dean for Student Development, Campus Security, or the Dewitt or Syracuse Police Departments.

It is the policy of Le Moyne College Campus Security to contact all relevant local or federal law enforcement agencies in all cases where crimes may have taken place. These agencies will make their own independent determinations of how to proceed with investigations and/or referrals for prosecution. The decisions of the relevant law enforcement agencies should not be viewed as a replacement for Le Moyne College’s procedures under its Community Standards. Students may face penalties under the Community Standards, regardless of the outcome of any criminal investigation by public official.

All students of Le Moyne College should also be aware of their rights, responsibilities, and duties under local law. New York State law provides enhanced penalties for certain crimes in which bias plays a role. Students are encouraged to advocate for themselves with the assistance of College staff members.

B. Timeframe for Making a Complaint
There is no time limit for bringing forward a complaint against a current student, faculty, or staff member. However the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate or mediate. Therefore, individuals are encouraged to make a complaint as soon as possible after the incident has occurred.

V. Confidentiality

Le Moyne understands that an individual who has been the victim of a hate crime, bias-related incident or bullying 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. Individuals are encouraged to consult these sources for confidential emotional support. Because these services are confidential, a discussion with any of these sources may not result in a complaint being filed with the College or result in action being taken by the College to respond to the incident. An individual who wants emotional support only should contact the confidential counseling resources listed above. An individual wishing to have an incident investigated, mediated or adjudicated must make a complaint in accordance with the procedures described above.

The College endeavors to respect and follow the wishes of an individual who brings forward a hate, bias-related or bullying concern. However, individuals should understand that Le Moyne may have ethical and legal obligations to investigate, attempt to resolve or adjudicate such incidents that come to its attention. Therefore, depending on the circumstances, it may not always 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.

A. Reporting to the Community
Le Moyne College publishes crime statistics annually, including bias-related conduct, in compliance with the Jeanne Cleary Disclosure of Campus Security Policy and Crime Statistics Act. A copy may be acquired by contacting Campus Security and is also published online on their web site annually. Further, as required by the Act, the College provides timely warnings to the campus community of certain crimes if they represent a threat to students and employees.

VI. Conduct Process
In the case of a complaint being filed involving students, guests and/or non-community members, relative to a hate crime, bias related incident/crime or a case of bullying, an investigation of the incident will be conducted by Campus Security and/or the Assistant Dean of Student Development so that appropriate action may be taken. As per the Student Conduct Process, complaints may be handled through educational conferences, a Student Conduct Formal Hearing Board or mediation.

When an incident involves a College employee as a perpetrator or a victim, the office of Human Resources will be notified and will participate in the investigation with other appropriate College officials. Internal proceedings do not supersede, and will not interfere with, an individual's right to pursue other legal remedies, including criminal prosecution. Campus Security maintains a cooperative relationship with local police precincts and will assist any victim in every possible way through the process of reporting, investigation, and resolution of any criminal proceedings. Anyone who believes they may be a victim of hate crimes, bias-related incidents/crimes and/or bullying is also encouraged to utilize the services provided by the Wellness Center for Health and Counseling and Campus Ministry.

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 College requires every full-time undergraduate student to maintain and provide proof of adequate health and accident insurance coverage. The College will bill the student for health insurance coverage; if other coverage is in place, the insurance fee can be waived online.

The College strongly advises all students and/or families to discuss procedures to be followed with their health maintenance or managed-care provider when they are out of their local service area.
Students should have their insurance card in their possession at all times.
In compliance with New York state law, all students, full- or part-time, must complete the Meningitis Response Form and submit it to Health Services. In addition, those born after 1956 must present adequate proof of immunity to measles, mumps, and rubella. Registration will be delayed or denied until these records are approved and on file in the health office.
Students found responsible for lewd or offensive behavior will be subject to disciplinary action.
The Internet provides new and increasingly diverse ways for students to become involved, engaged, and connected as members of the College community. Communications on sites such as Facebook,
MySpace, YouTube, etc., are not specifically monitored by Le Moyne College officials, but may be brought to the attention of and considered by the Office of Student Development or its designees when it appears that such communications constitute possible violations of the code of conduct, particularly those policies relating to harassment or discrimination. Messages between individuals, including e-mails, instant messengers, text messaging, and Facebook or MySpace messages may also be considered in the conduct process. Students should be aware that the Internet is considered a public forum and information posted there can be viewed by anyone.

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, 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.


Health Services lacks the necessary laboratory facilities for immediate, accurate detection of possible lethal drug and/or alcohol blood levels. For this reason, the following procedure has been enacted:

Any student brought to Health Services in a stuporous or semiconscious state will be sent directly to the emergency room of a local hospital for more extensive medical evaluation. If the student’s condition so warrants, an ambulance will be called for transportation. In cases where it is necessary to implement this procedure, the student(s) will be responsible for all related expenses.

Full-time Students, Transfer Students: A complete physical examination, medical history and immunization record is required of all full-time students, including transfers. Transfer students may submit a copy of their physical exam/immunization record from their previous college. A $100.00 fine may be placed on the bill for non-compliance; in addition, registration for classes may be delayed or denied. In addition, no student may participate in intercollegiate athletics until this form is on file.
No student shall install or use any device for listening to, observing, photographing, recording, amplifying, transmitting, or broadcasting sounds or events occurring in any place where the individual or group involved has a reasonable expectation of being free from unwanted surveillance, eavesdropping, recording, or observation, unless the student has first obtained the consent of all persons involved.

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. Acts of sexual harassment or other sexual misconduct, including sexual assault, domestic violence, dating violence or stalking, 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. As used in this policy, “sexual misconduct” is a term used to more conveniently refer to any form of sexual or gender-based harassment, non-consensual sexual activity, dating violence or domestic violence, or stalking.   Sexual misconduct may occur between members of the same or opposite sex and in heterosexual and homosexual relationships.   Le Moyne College does not condone or tolerate sexual misconduct.

This policy aims to ensure that all members of the Le Moyne community can learn, live and work free from being subjected to sexual misconduct. 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 misconduct perpetrated by a Le Moyne student and how they will be handled by Le Moyne’s Community Standards and Conduct Procedures.   In the event of any conflict between the standards and procedures of this Policy and those of the general Community Standards and Conduct Procedures, the standards and procedures of this policy will govern any case to which this policy applies.   This policy outlines various categories of sexual misconduct to include: sexual harassment, non-consensual sexual activity, domestic violence, dating violence and stalking.  

Le Moyne College has a host of security, psychological, medical, administrative and student conduct services that are immediately available to students reporting sexual misconduct. Through these policies and procedures, Le Moyne College looks to achieve several goals:

  • A campus climate which encourages prompt reporting of any type of sexual misconduct outlined in this policy.

  • To provide prompt professional and support services to the complainant and the student accused of sexual misconduct.

  • To provide a comprehensive system that informs the complainant and accused student of the rights and services available to them.

  • To cultivate a campus community where instances of sexual misconduct are avoided through an ongoing campaign of education, training and mutual respect for each other.

This policy protects the rights of both the complainant and accused student. The accused student shall be free from sanction, pending the conclusion of a case. However, where the nature of the case indicates that there is a potential danger to the immediate well-being of the College community or specific persons within the College community, appropriate interim measures (up to and including temporary suspension from the College and/or its residence halls) may be taken by the Vice President for Student Development or designee.   In addition, accommodations such as a change in academic, living, transportation and/or working situations may be made to protect either or both of the parties and prevent retaliation.

II.    When to Use this Policy

A.        Complaints Against Students

This policy applies in those instances when a student  is accused of having engaged in sexual misconduct against any other person (regardless of whether the other person is a Le Moyne College Student). 

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

B.        Complaints Against Faculty or Staff

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

C.        Complaints Against Visitors or Non-Community Members
If a student wishes to bring forward a complaint of sexual misconduct against a visitor or other 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 315-445-4444 or local law enforcement by dialing 911). Such persons accused of sexual misconduct are not entitled to a College hearing of any kind.  Campus Security will investigate complaints against such persons, and the College will determine the appropriate action to be taken, which may include contacting law enforcement.

D.        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 activity, team, organization or event.  Additionally, Le Moyne has the discretion to discipline student behavior that occurs elsewhere 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/or 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.

E.    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, persons who believe that they have been a victim of sexual misconduct are encouraged to make a complaint as soon as possible after an 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: a complaint against a former student is not subject to adjudication pursuant to this policy.  Nevertheless, Le Moyne’s officials will help the complainant to report the allegations to the appropriate off-campus authorities if desired, and the College will consider other appropriate responsive measures, such as banning the former student from returning to campus and providing the complainant with access to campus counseling, academic adjustments, and other support.

III.             Definitions of Sexual Harassment, Non-Consensual Sexual Activity, Domestic Violence, Dating Violence and Stalking

Le Moyne College has defined several categories of sexual misconduct below, for which student sanctions may be imposed.   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 or expulsion from the College. Also, students have the right to contact law enforcement for sexual misconduct at any level defined below.

A.    Sexual Harassment

Federal and state laws prohibit sexual harassment.  These laws include Title VII of the Civil Rights Act of 1964 and 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.

Sexual harassment refers to unwelcome sexual or gender-based conduct. When sexual harassment becomes so severe or pervasive as to interfere with an individual’s ability to work, learn or participate in the College’s programs, it is called a sexual or gender-based “hostile environment.”   Harassing conduct can occur in various forms, including physical, verbal, written, visual or electronic (e.g., emails, text messages, personal blogs, social networking site posts or other online activity) conduct that relates to sex, gender or sexual identity.

A determination as to whether a hostile environment has been created depends on the totality of the circumstances, such as the severity of a particular incident, the context in which it occurred, whether the conduct was repeated, whether the conduct was verbal or physical, and whether it was threatening or merely annoying.    Le Moyne reserves the right to discipline offensive conduct that is inconsistent with community standards even if it does not rise to the level of a hostile environment as defined by applicable law.   Further, the College encourages students and others to report incidents that concern them even if the incidents are not particularly egregious, as early reporting assists the College to address and correct situations before they become so severe or pervasive as to create a hostile environment.  

Le Moyne also prohibits “quid pro quo” harassment. “Quid pro quo” (or “this for that”) harassment occurs when a person in a position of authority or control links the receipt of some benefit (such as a grade, or the ability to join a group or participate in a program) to another’s submission to unwelcome sexual advances or sexual conduct or requires the other to perform or submit to demeaning or degrading sex or sexually-charged acts. “Quid pro quo” harassment can be expressly stated, but it also can be implied by words, actions or the surrounding circumstances.

The above definitions and explanations are provided for educational and illustrative purposes.   A person reporting an incident of concern need not worry about which category of sexual misconduct applies to the situation or whether all elements of a particular definition of misconduct have been met.   An individual reporting an incident of concern is expected only to relay the facts in good faith; College representatives trained in responding to sexual misconduct will assist the complainant in determining whether the incident may constitute a violation of this policy.    Students should never feel pressured to engage in sexual relationships or activity of any kind with anyone, including another student or a Le Moyne College faculty or staff member.  

B.      Non-Consensual Sexual Conduct

Any sexual activity without mutual consent is prohibited.   Violations of this policy shall include but not be limited to the following:

 

Category 1 Non-Consensual Sexual Conduct

Category 1 Non-Consensual Sexual Conduct includes any sexual penetration, regardless of how slight, with any type of body part or object (including but not limited to sexual intercourse) by one person upon another person 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, conduct that would otherwise constitute Category 2 or 3 Non-Consensual Sexual Conduct which involves any level of physical violence will be considered Category 1 Non-Consensual Sexual Conduct.

Category 2 Non-Consensual Sexual Conduct

Category 2 Non-Consensual Sexual Conduct is any intentional sexual touching, however slight, with any type of body part or object by one person upon another without consent.   Sexual touching includes any contact, directly or through clothing, with the genitals, breasts, groin, mouth or buttocks of another individual, or any other bodily contact in a sexual manner.   Sexual touching also includes causing another to touch one’s intimate bodily areas, or disrobing another, without consent.

Category 3 Non-Consensual Sexual Conduct (Sexual Exploitation)

Category 3 Sexual Exploitation occurs when a person takes non-consensual sexual advantage of another for his/her own benefit or to benefit someone other than the individual being exploited, and that behavior does not otherwise constitute sexual harassment or Category 1 or Category 2 Non-Consensual Sexual Conduct 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 engage in private or intimate activities such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in sexual activity)

  • Non-consensual video, photography or audio taping of private or intimate activities such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in sexual activity)

  • Without consent of all involved or exceeding the bounds of such consent, allowing others to watch private or intimate activities (such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in consensual sexual activity) by means such as, but not limited to, hiding in a closest, using a webcam, distributing video, etc.

  • 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

  • Acts of incest

  • Prostitution or promoting prostitution

  • Administering to another person without their knowledge or consent alcohol or drugs (to include “date rape” drugs).

  C.      Domestic Violence, Dating Violence and Stalking

Domestic violence means a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the complainant, a person with whom the complainant shares a child in common, a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction in which the act occurs, or any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of that jurisdiction. Violence may include physical assault (hitting, pushing, kicking, shoving, etc.) and/or sexual abuse (unwanted or forced sexual activity).

Dating violence means abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.   The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.   Forms of abuse constituting dating violence can be physical, sexual, emotional and/or psychological.   Dating violence does not include conduct constituting domestic violence as defined above.  

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person under similar circumstances and with similar identities to the complainant to fear for the person’s safety or the safety of others, or suffer substantial emotional distress (that may, but does not necessarily, require medical or other professional treatment or counseling).  Stalking includes, but is not limited to, repeatedly (i.e., on two or more occasions) engaging in: contact, face-to-face communication, telephone calls or messages, text messages, emails or letters to or about a person; the giving of unwanted gifts; threatening or obscene gestures; or surveillance, following, trespassing or vandalism.

IV.             Consent

What is consent? Consent is permission.   For the purposes of this policy, it is clear, given knowingly and voluntarily, either by actions or by words by someone capable of giving it.   Silence or an absence of resistance does not constitute consent .   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.   Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.   

Incapacitated persons cannot give consent.   One who is incapacitated as a result of alcohol or drugs (voluntary or involuntary) or who is unconscious, unaware, or otherwise physically helpless, is incapable of giving effective consent. A student who engages in sexual activity with another whom the student knows or should reasonably know is unable to give consent is in violation of this policy.   A person will be considered incapacitated, and thus unable to give consent, if he or she cannot understand the details of a sexual interaction (who, what, when, where, how).  

A person who has been using alcohol or drugs is still responsible for any violation of this policy that he or she commits.   This means that, even if the person was drunk or high and, as a result, did not realize that the other person was not consenting to or was unable to consent to sexual activity, the person who committed the non-consensual act is still responsible for having violated 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, indicating that he or she no longer wants the activity to continue.   When this occurs the other participant must cease immediately.

Sexual activity as the result of coercion is non-consensual.   Coercion is a threat, undue pressure, or intimidation to engage in sexual activity.

In New York State, a minor (meaning a person under the age of 17 years old) 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.  If any person has any information that a minor has been subjected to sexual activity, it should be reported to Campus Security and/or the police immediately.

V.                Reporting Options

Le Moyne College strongly encourages complainants and/or witnesses of sexual misconduct, outlined in Section IIIA, IIIB and IIIC above, to report these incidents.  Retaliation and threats of retaliation or other attempts by a student to prevent the reporting of sexual misconduct outlined in this policy are also considered violations of this policy.  Le Moyne College will take steps to prevent or address retaliation against any person making a complaint of sexual misconduct or cooperating with any investigation or adjudication of such a complaint.

Students have options with respect to securing a College response to  a sexual misconduct incident.  These options include a report to College administration to pursue on campus procedures, a police report to pursue a criminal investigation, or a confidential report to the Wellness Center for Health and Counseling or a clergy member.  These options are not mutually exclusive, and a student may take advantage of all of these options.  Trained counseling center staff and/or a Title IX Coordinator may review all of the reporting options with the complainant.  

Students who are in immediate danger need to get to a safe place and contact Campus Security at 315-445-4444 or dial 911. Students in need of medical attention should call Campus Security at 315-445-4444 or dial 911.

A.    Report for a Response by the College

A report to the College should be made whenever an individual wishes for the College to take some action in response to the situation.  Incidents of sexual misconduct can be reported to the following Responsible Administrators:

Ø  Campus Security at 315-445-4444

Ø  Wellness Center for Health and Counseling at 315-445-4195

Ø  Campus Life and Leadership at 315-445-4520

Ø  Student Development at 315-445-4525 or

Ø  Deputy Title IX Coordinator  - Ann Bersani, Associate Director of Campus Life and Leadership, 315-445-4520

Ø  Title IX Coordinator: Jack Matson, Associate Vice President of Human Resources, 315-445-4155

Ø    Resident Advisor (RA).  Students may report incidents of sexual misconduct to an RA.  The RA will notify his or her supervisor and the appropriate College support services such as the Wellness Center for Health and Counseling office and/or Campus Life and Leadership.

A person who has been subjected to sexual misconduct is strongly urged to contact one of the College personnel listed above.  If a complaint is made to anyone other than the persons listed above, the complainant risks the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon.  Once a report is made, the Responsible Administrator to whom the report is made will inform the Title IX Coordinator or his/her deputy.

The complainant will be advised of his/her rights and the options moving forward.   This will include an explanation of investigatory/disciplinary avenues, as well as other responsive measures, such as changes in academic, housing, transportation and work arrangements to minimize the complainant’s contact with the respondent.

Sometimes, a complainant reports an incident but does not want an investigation or disciplinary action to be taken by the College.  The College endeavors to respect and follow the wishes of an individual who brings forward a sexual misconduct concern.  However, it may or may not be possible for the College to honor a request to not investigate or initiate disciplinary action.

If an individual makes a report but does not wish for there to be an investigation or any disciplinary action, the Title IX Coordinator will confer with appropriate administrators and decide whether the request can be honored.  The  College’s decision will depend on the seriousness of the offense, whether the offense is alleged to have included a single or multiple accused parties, whether there is reason to believe that the accused has engaged in the reported conduct or similar conduct previously, whether the circumstances suggest an ongoing or future risk to the campus community or the complainant, and similar considerations.  A decision will be made and shared with the person who brought forward the concern. 

Similarly, a complainant may desire to have investigatory and/or disciplinary action taken, but may wish to have his/her identity as the complainant kept confidential.  Depending on the circumstances, this may or may not be possible.  If any number of people could have reported the incident, it may be possible for the complainant’s identity to remain confidential and not be shared with the respondent.  However, in other cases, it may not be possible to proceed with investigatory or disciplinary action without revealing the identity of the complainant.  If a complainant requests that his/her name be kept confidential (or if the complainant makes an anonymous complaint), the College’s ability to respond to the complaint may be limited.  The appropriate administrators will discuss the situation and the complainant’s request for confidentiality, and a decision will be made and shared with the complainant.

Ultimately, the College retains the right to act upon any information that comes to its attention, other than a report to a confidential resource listed above.  Therefore, if a person believes that he or she has been subjected to sexual misconduct and wants support but does not want the College to take further action (or is not yet certain whether he or she desires such action), he or she should utilize one of the confidential resources described below.

A student may file an official incident report regarding an act of sexual misconduct 24 hours a day, 7 days a week with Campus Security located in the basement of Nelligan Hall, at 315-445-4444.   The report will include the complainant’s name, as well as the accused student if known.  A preliminary investigation will be conducted by Campus Security. 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.

Students reporting an incident of sexual misconduct will not be charged with minor misconduct (e.g., underage consumption of alcohol) that is ancillary to the sexual misconduct incident. 

B.  Confidential Reports

Le Moyne understands that a student who has experienced sexual misconduct may wish to talk about the incident with the assurance that the discussion will be confidential.  The support resources that students may utilize on a confidential basis include the  Wellness Center for Health and Counseling and our campus clergy.  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 wishing to have an incident investigated or adjudicated must make a complaint in accordance with the procedures described in this policy.

C.    Criminal Reports

A person who has been the victim of sexual misconduct is encouraged to contact local law enforcement directly by dialing 911 or with the assistance of Campus Security at 315-445-4444. If requested, Campus Security will assist such a person in making a report to local law enforcement.  Filing an official police report is different than filing a report with the College.  When a person files a sexual misconduct report with local law enforcement a criminal investigation may be 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 as to whether the case will be prosecuted. The preservation of evidence is critical to the prosecution of a criminal case.  If you have been the victim of a crime, vital evidence may be lost if you change your clothes, shower, brush your hair, or allow time to pass before your physical state is documented by the police or a doctor.  Any person who has experienced sexual assault or an act of violence is encouraged to contact the law enforcement immediately for further instructions as to the preservation of evidence.

A criminal investigation into allegations of sexual harassment and/or misconduct does not end the College’s duty to investigate and resolve complaints promptly and equitably.  In certain cases, Le Moyne College may wait to proceed with its own fact finding investigation and procedures under this policy until the police have completed their initial evidence gathering phase of their investigation. Le Moyne College will not defer its investigation and disciplinary processes thereafter (e.g., pending the completion of any civil or criminal case).

VI.             Investigation; Interim Actions

Upon receipt of a complaint and a desire by the complainant to move forward, or a determination by the College to move forward in the absence of a participating complainant,   Campus Security will conduct an investigation.[1]   The College reserves the right to consult with legal counsel throughout the complaint resolution process and, in exceptional cases, to utilize external investigators.  Investigation of complaints brought directly by those alleging harm will be completed as expeditiously as possible, ordinarily within 30 days.[2]    Investigation may take longer when (among other things) the initial complaint fails to provide direct firsthand information or when the College is not in session.  An investigation usually involves interviews of witnesses and reviewing relevant documentation. During the investigation, the complainant and the accused student will have an equal opportunity to share information and request that witnesses be interviewed.  The complainant and accused student will not be interviewed together or be required to meet.  The investigator(s) retain(s) discretion to determine how to conduct the investigation and what information is necessary and relevant.

At the conclusion of the investigation, the College will determine whether the complaint will be referred to the student conduct process.  A referral to the student conduct process will occur where the allegations are not demonstrably false and, if true, would constitute a violation of this policy.  The complainant and accused student will be informed in writing as to whether the complaint will be forwarded to the student conduct process, with a brief explanation of the basis for the determination.  If the investigative determination is to not forward a complaint to a disciplinary process, there is no right to appeal. 

Regardless of whether a complaint is investigated or referred to the student conduct process, the College may offer other, non-disciplinary remedies available to the complainant, such as a change in academic, living, transportation, and/or working situations.

VII.  Student Conduct Process

Le Moyne College may initiate disciplinary proceedings when a report is filed alleging Sexual Misconduct. In most cases, both the complainant and the accused student 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.

Sexual Harassment and Sexual Misconduct Board (SHM Board)

A Sexual Harassment and Sexual Misconduct Board (SHM Board) is responsible for adjudicating Sexual Misconduct cases.  The SHM Board is a six-member body consisting of 5 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 against students alleging sexual misconduct.

The Le Moyne student conduct system is an educational process and is not meant to model criminal or civil judicial proceedings.  Determinations as to whether an accused student has committed a violation are based on the preponderance of evidence (i.e., whether the charged conduct is “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. 

A.    Hearing Procedures

The following is a general description of the formal SHM 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 the hearing. The notice will indicate the charges against the student.  The College endeavors to convene the SHM Board hearing within 14 days after completion of the investigation of a complaint.

If a student (complainant or accused student or any witness) cannot attend the hearing the College has the right to conduct the hearing without the student present. In such cases the SHM Board will base its determinations on the information available to it.   The Board may rely upon written statements, at the discretion of the Chair.

The complainant and the accused student may bring an advisor of their choice (at the party’s own expense, if the advisor is a paid advisor) to the hearing and to any related meeting.   Each party must inform the Chair of the identity of his or her advisor at least 24 hours before the hearing.  Students are expected to speak for themselves during hearings and related meetings; accordingly, advisors may furnish advice only and may not make statements or arguments, question witnesses or other individuals involved in the proceedings, or otherwise actively represent a student during the hearing or related meeting.  Without limiting the foregoing, an advisor may not speak during a SHM Board hearing, object to any aspect of the hearing, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in writing only.  The advisor may consult with the advisee verbally outside the hearing during breaks, if any.  If an advisor is not adhering to these or other ground rules of a hearing or any related meeting, the advisor may be expelled from the hearing or meeting, and the hearing or meeting will continue without opportunity for the party to secure a new advisor.

The hearing will be presided over and administered by the Chair, who will determine the order and method of proceeding, who may exercise control to prevent needless consumption of time, disruption, harassment, intimidation, or other conduct not conducive to the review, who will read the charges during the hearing, who will determine all questions of procedure or interpretation arising during or with respect to the hearing, and who may exclude from the hearing any person who engages in conduct in violation of these procedures.   The hearing may be recorded at the discretion of the Chair.

The hearing generally will be closed to anyone other than the complainant, accused student, 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 and family will not be permitted to attend (unless serving as an advisor).

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 by non-board members to the complainant, the accused student or other witnesses must be asked through the Chair.

The Chair may refuse to call a requested witness 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 accused student shall be allowed to make an opening and closing statement.

The board deliberates in a closed session and determines if the student is responsible for the alleged violation(s). A simple majority of the voting board members will determine a student’s responsibility for alleged 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 as the Chair deems relevant to recommending sanctions.  The board members then deliberate and decide on the appropriate sanction by majority vote.

The Chair will inform the complainant and the accused student, simultaneously and in writing, of the decision and the rationale therefore, to the extent permitted by law.  The decision of the board is effective immediately.  The notice will include a reference to the available appellate procedure and the potential outcomes of that procedure.  This notice is typically provided within 7 days after the hearing concludes.

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 misconduct incident and a student’s prior disciplinary record (if any) will be evaluated.  Although some incidents may 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 act of sexual misconduct, based on the facts and circumstances of the particular case.   A potential listing of sanctions may be found in the Student Conduct Process section of the Student Handbook.

C.      Appeals Process

A 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 are not be satisfied with the outcome of a hearing before the SHM Board.  A SHM Appeals Board is a four-member body consisting of the Vice President for Student Development (as a nonvoting Chair) and 3 voting members from Le Moyne’s faculty, staff and/or administration.  The SHM Appeals board is also trained specifically for hearing cases of sexual misconduct.   The SHM Appeals Board members are chosen by the Vice President for Student Development. The SHM Appeal Board for an appeal will not include any person who served on the original SHM Board at the original hearing.

Appeals Board Hearing Procedures

Appeals to the SHM Appeals Board must be in writing and submitted to the Vice President for Student Development within five business days of the date of the SHM Board findings letter. An appeal must be based on one or more of the following grounds:

?    a procedural error occurred during the process that had a direct impact on the outcome,

?    new information has come to light that has a direct impact on the outcome which could not have been discovered by a properly diligent person before or during the SHM Board hearing, and/or

?    the sanction is inappropriate (too severe or too light).

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

The SHM Appeals Board shall review the appeal and the written documentation from the original hearing. The SHM Appeals Board may request to review the recording from the original hearing if a recorder was used during the proceedings. The SHM Hearing Board may, but is not obligated to, provide the accused student and complainant an opportunity to appear before the SHM Hearing Board, but any such opportunity must be provided equally (if at all) to both parties.  If the SHM Board desires, they may also ask questions of the complainant/accused student, ask questions of the SHM Chair and/or request additional information. Following review, the SHM Appeals Board may take any action it deems warranted, including without limitation:

· uphold the finding of responsibility and the sanctions (if any) as originally imposed;

· uphold the finding of responsibility but change the sanction;

· overturn the finding of responsibility (and impose sanctions as applicable) ; or

· ask the original SHM Board or a new SHM Board to re-hear the case in whole or in part

   

It is expected that the SHM Appeals Board will meet to review and make a decision on the appeal within seven working days of the receipt of the appeal.  The Chair will inform the complainant and the accused student, simultaneously and in writing, of the decision and the rationale therefore, to the extent permitted by law.  This notice is typically provided within 7 days after the SHM Appeals Board reaches its determination.

The SHM Appeals Board is not subject to review or further appeal (though the accused student and complainant retain the right to appeal (as provided above) any re-hearing ordered by the SHM Appeals Board).

SHM Appeals Board proceedings are not open to the public, other members of the College community, parents, family members, or friends. The Chair shall have final authority regarding individual access to SHM Appeals Board proceedings. If the complainant and the accused student are asked to appear before the SHM Appeals Board, they may each bring an advisor of their choice (at the party’s own expense, if the advisor is a paid advisor). Each party must inform the Chair of the identity of his or her advisor at least 24 hours before the hearing.  Students are expected to speak for themselves during SHM Appeals Board proceedings; accordingly, advisors may furnish advice only and may not make statements or arguments, question individuals involved in the proceedings, or otherwise actively represent a student during the proceedings.  The advisor may not speak during the proceedings, object to any aspect of the proceedings, or disrupt the proceedings in any way, and any consultation with the advisee while the proceedings are in progress must be done in writing only.  The advisor may consult with the advisee verbally outside the proceedings during breaks, if any.  If the Chair determines that an advisor is not adhering to these or other ground rules of the proceedings, the advisor will be expelled from the proceedings, and the proceedings will continue without opportunity for the party to secure a new advisor.

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

VIII.  Statement of Students’ Rights

A. A student who reports Sexual Misconduct has the right

  • To be treated with respect by College officials

  • To report the incident to local police and the Syracuse Abused Persons unit

  • 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, Deputy Title IX Coordinator: -4520 or Campus Ministry: – 4110

  • To receive notification of options for and available assistance in changing academic, living, transportation, and working situations if requested and reasonably available after an alleged incident, regardless of whether the student chooses to report the incident to campus police or local law enforcement

  • To be free from retaliation from any persons including, but not limited to, faculty, staff, other students and parents.

·         To have reports of sexual misconduct responded to in accordance with College policy

  • To have irrelevant prior sexual history disallowed from the hearing

·         To be informed of the names of all witnesses who will be called to the hearing prior to the hearing

  • To not be charged with minor misconduct that is ancillary to the sexual misconduct incident

  • To participate in a hearing by means other than having to face the accused student, such as through use of a partition, speakerphone, videoconference, etc.,

  • To have access and use off-campus resources (at the student’s expense, if any)

      • Vera House                                                      Phone #: (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

      • University Hospital Emergency Room             (315) 464-5611

      • Crouse Irving Hospital Emergency Room        (315) 470-7411

  • To be informed in writing of the outcome of any formal disciplinary hearing

B. A student accused of Sexual Misconduct has the right

  • 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, Deputy Title IX Coordinator: -4520 or Campus Ministry: – 4110

  • To be free from retaliation from any persons including, but not limited to, faculty, staff, other students and parents

·         To have reports of sexual misconduct responded to in accordance with College policy

  • To have irrelevant prior sexual history disallowed from the hearing

  • To be considered not responsible until found responsible

·         To be informed of the names of all witnesses who will be called to the hearing prior to the hearing

  • To participate in a hearing by means other than having to face the complainant, such as through use of a partition, speakerphone, videoconference, etc.,

·         To not participate in the campus conduct process while understanding that the College will hold a hearing regardless of participation

·         To be informed in writing of the outcome of any formal disciplinary hearing

IX.                Academic Freedom

Le Moyne College is an academic institution at which academic freedom is necessary and valued.  The College will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching, learning, working, or discussion. 

X.       Recordkeeping

Records generated in connection with reports, investigations and disciplinary proceedings are maintained in confidential files maintained by an appropriate office (e.g., Campus Security, the Division of Student Development, or the Registrar ), and only those with a right and need to know are permitted access.

XI.          Clery Act Compliance

The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR).  Names of individuals involved in incidents are not reported or disclosed in ASRs.  In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus.  In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.

XII.       Coordination with Other Policies

A particular situation may potentially invoke one or more College policies or processes.  The College reserves the right to determine the most applicable policy or process and to utilize that policy or process.  Without limiting the foregoing, the SHM Hearing Board has the authority to hear allegations of collateral misconduct, meaning that it hears all allegations of sexual misconduct, but also may hear any allegations of additional conduct or policy violations that are alleged to have occurred as part of the same set of circumstances as the alleged sexual misconduct, even though those collateral allegations may not otherwise fall within the SHM Hearing Board’s jurisdiction.

This policy does not apply to decisions relating to requests for reasonable accommodation due to a disability.  Academic disability accommodations are handled by the Disability Accommodation office and pursuant to that office’s policies. 

XIII.       Delegation of Authority

Any College administrator of official whom this policy empowers to act may delegate his/her authority to any other appropriate College official.  Delegation of authority may be necessary to avoid conflicts of interest or where time constraints or other obligations prevent a College official named in this policy from fulfilling his/her designated role.

XIV.          Policy Compliance

Any person with a concern about the College’s handling of a particular matter should  contact the Title IX officer.

The U.S. Department of Education, Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX.  OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, (800) 421-3481.


[1] In unusual cases, it may be apparent that an investigation should not proceed.  This may be the case if the complaint is not of a nature covered by this policy; where another policy or procedure is more appropriate; or where there is indisputable proof that the allegations are not true.  If an investigation is not to proceed, the complainant will be so informed.

[2] All deadlines and time requirements in this policy may be extended for good cause as determined by the College official having responsibility for the process to which the deadline or time requirement applies.  Both the complainant and the accused student will be notified in writing of the reason for the delay and the date of the new deadline or event. 


Inspired by the Jesuit commitment to cura personalis, Le Moyne College is committed to promoting a healthy and safe environment for students, faculty, staff and visitors. There is considerable evidence that smoking and the use of tobacco products is harmful to those using the products, and with regard to smoke, to those in the proximity of smokers.

This policy is intended to reduce the health risks related to smoking, secondhand smoke and tobacco usage for the campus community.

Effective July 1, 2015, smoking and the use of tobacco products is prohibited on all property owned, leased or operated by Le Moyne College. This includes all indoor and outdoor campus spaces including but not limited to campus buildings, grounds, exterior open spaces, parking lots, on-campus sidewalks, streets, driveways, athletic facilities, practice facilities, recreational spaces and in all College owned or operated vehicles.

This policy applies to all individuals on the Le Moyne College campus, including students, faculty, staff, parents, and visitors, including vendors, contractors and service providers.

Smoking is defined as the burning of tobacco or any other material in any type of smoking equipment, including but not limited to cigarettes, cigars, pipes, hookahs, e-cigarette devices and electronic nicotine delivery systems (ENDS).

Tobacco products are defined as any and all forms of tobacco and smokeless tobacco, including but not limited to cigarettes, cigars, snuff, dipping tobaccos, pouches, dissolvable tobaccos, tobacco waters and pastes.

Members of the Le Moyne community who do not comply with the policy will be addressed, reminded of the importance of compliance and referred to the informational materials available regarding how to comply with this policy and to cessation materials.

Members of the Le Moyne College community who refuse to comply with this policy may be subject to corrective action through the applicable process.

Faculty and staff members alleged to be in violation of the policy are subject to corrective action as administered by the Office of Human Resources.

Students alleged to be violating the policy are subject to corrective action through the appropriate student conduct process as administered by the Division of Student Development.

Visitors, including vendors, contractors and any service providers, will be subject to whatever remedies are available to the College and administered by the Campus Security Department or other appropriate office.

In accordance with the applicable law and Le Moyne College policy, any individual can voice objections to potential violations of this policy in an appropriate manner without fear of retaliation.

For additional information about this policy, a more detailed description of the implementation plan, and timeline, and where to find smoking cessation support, visit the Tobacco Free webpage.
No one is allowed to solicit students on campus (including, but not limited to, College facilities as well as information technology infrastructure, such as email) for funds or for selling purposes unless written permission is granted from the College. Students interested in setting up tables for selling purposes in the campus center must receive permission from the Office of Student Development. Anyone without this permission should be reported to a campus life and leadership staff member or the security office. Before dealing with anyone, residents are cautioned to check a solicitor’s credentials.
Persons loitering or tampering with any equipment around or in a campus building should be brought to the attention of a staff member and/or the security office, and asked to leave the area. Strangers, including children, should not be invited into students’ rooms or apartments.

Le Moyne College’s community standards and conduct procedures apply to students studying abroad.

Students involved in the attempted or actual theft, sale, or possession of property that does not belong to them, will be subject to disciplinary action and possible arrest and prosecution by state or federal authorities.
No person shall enter or attempt to enter any College function or facility without a ticket of admission or proper authorization. In addition, no individual shall enter or attempt to enter a locked building, room, office, or area without proper authorization. Furthermore, unauthorized entrance into or presence in a student room or vehicle is a violation of this policy.

The deliberate destruction of property demonstrates a lack of respect for self, others, and the community. In addition to the replacement or repair cost resulting from such behavior, additional sanctions will be levied, up to and including dismissal or expulsion and possible arrest and prosecution by state or federal authorities.

Students will be billed for damage done to College property. Students are not permitted to attempt to fix the damage themselves or contract with an outside vendor for repairs. The College will assist, but does not assume responsibility for, collecting payment on behalf of a student for damage done to the personal property of that student by another student.

Accidental or unintentional damage to property is inevitable and unavoidable at times. When it occurs, it will be recognized as such and the responsible individual will be billed simply for the replacement or repair cost.

2015-2016 Le Moyne College
Policy on Sexual Harassment and Sexual Misconduct for Students
(effective 8/1/2015)


I. Introduction

As an institution of higher education with a longstanding Jesuit and Catholic tradition, Le Moyne College works 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. Acts of sexual harassment or other sexual misconduct, including sexual assault, domestic violence, dating violence or stalking, 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. As used in this Policy, “Sexual Misconduct” is a term used to  refer to any form of sexual or gender-based harassment, non-consensual sexual activity, dating violence or domestic violence, or stalking.  Sexual Misconduct may occur between members of the community regardless of their gender identity or sexual orientation.  Le Moyne College does not condone or tolerate Sexual Misconduct.

The College aims to ensure that all members of the Le Moyne community can learn, live and work free from being subjected to Sexual Misconduct. 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 Sexual Misconduct which involves a student, either as a reporting party or a respondent.  (The College’s Faculty and Staff Policy on Sexual Harassment and Sexual Misconduct covers Sexual Misconduct cases that do not involve students.)  In the event of any conflict between the standards and procedures of this Policy and those of the general Community Standards and Conduct Procedures, the standards and procedures of this Policy will govern any case to which this Policy applies.  This Policy outlines various categories of Sexual Misconduct to include: sexual harassment, non-consensual sexual activity, domestic violence, dating violence and stalking.  

Le Moyne College has a host of security, psychological, medical, administrative and student conduct services that are immediately available to students reporting Sexual Misconduct. Through these policies and procedures, Le Moyne College looks to achieve several goals:

● A campus climate which encourages prompt reporting of Sexual Misconduct.
● To provide prompt professional and support services to the reporting party and the
● To provide a comprehensive system that informs the reporting party and respondent of the rights and services available to them.
● To cultivate a campus community where instances of Sexual Misconduct are avoided through an ongoing campaign of education, training and mutual respect for each other.

This Policy protects the rights of both the reporting and responding parties. The responding student shall be free from sanction, pending the conclusion of a case. However, where the nature of the case indicates that there is a potential danger to the immediate well-being of the College community or specific persons within the College community, appropriate interim measures (up to and including temporary suspension from the College and/or its residence halls) may be taken by the Title IX Coordinator or designee. In addition, accommodations such as a change in academic, living, transportation and/or working situations may be made to protect either or both of the parties and prevent retaliation.  Providing accommodations should not be viewed as prejudging responsibility for any allege violation.  

The protections in this Policy apply regardless of race, color, national origin, religion, cred, age, disability, sex, gender, identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status or criminal convictions.

II. Scope of Policy

This Policy defines criteria and procedures for responding to queries and complaints regarding Sexual Misconduct, and applies to all students of the College.  (For purposes of this Policy, a covered student includes a deposited student, or the equivalent, and other student categories as determined by the Title IX Coordinator.)  Under this Policy an individual can file reports on behalf of themselves or others, or the College may choose (and in some cases may be obligated) to pursue a matter it becomes aware of even in the absence of a reporting party.  This Policy covers activity that has taken place either on the Le Moyne campus or at College-sponsored events or programs off-campus.  The criteria and report procedures outlined below may also apply to off-campus situations where one member's behavior interferes with another's well-being and full participation as a member of the College community.

A. Reports Against Students

This Policy applies in those instances when a student is reported to have engaged in Sexual Misconduct against any other person (regardless of whether the other person is a Le Moyne

B. Reports Against Faculty or Staff By a Student

If a student wishes to bring forward a report of Sexual Misconduct against a faculty or staff member, this Policy also applies, however resolution procedures can be different than those used in student-on-student cases.

C. Reports By or Against Visitors or Non-Community Members

If a student wishes to bring forward a report of Sexual Misconduct against a visitor or other 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 report should be made to Campus Security at 315-445-4444.  Campus Security will investigate reports against such persons, and the College will determine the appropriate action to be taken, which may include contacting law enforcement.

If a visitor wishes to report a violation of this Policy by a College student related to a College program, event or other College activity, or a campus incident, they may do so by reporting to the Title IX Coordinator.  The Title IX Coordinator will appoint one or more investigators, if appropriate, and follow the procedures set forth in this Policy.  If the alleged respondent is not a student, the Title IX Coordinator will determine an appropriate manner to proceed.

D. 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 activity, team, organization or event.  Additionally, Le Moyne has the discretion to discipline student behavior that occurs elsewhere off-campus, and/or during a time when the College is not in session.  In making these determinations, the Title IX Coordinator 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/or 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 property.

E. Timeframe for Making a Complaint

While there is no time limit for bringing forward a report, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate.  Therefore, persons who believe that they have been a victim of Sexual Misconduct are encouraged to make a report as soon as possible after an incident has occurred.  Although not an ideal situation given the passage of time, a former student may make a report against a current student (or employee).  A report against a former student or employee will be treated as a report against a non-community member and is not subject to adjudication pursuant to this Policy.  Nevertheless, Le Moyne’s officials will help a reporting party who reports a complaint against a former student or employee share the allegations with the appropriate off-campus authorities if desired, and the College will consider other appropriate responsive measures, such as banning the former student from returning to campus and providing the reporting party with access to campus counseling, academic adjustments, and other support.

III. Definitions of Sexual Harassment, Non-Consensual Sexual Activity, Domestic Violence, Dating Violence and Stalking

Le Moyne College has defined several categories of Sexual Misconduct below, for which student sanctions may be imposed.  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 or expulsion from the College. Also, students have the right to contact law enforcement for Sexual Misconduct at any level defined below.

For the purposes of this Policy, Sexual Misconduct includes:

A. Sexual Harassment

Federal and state laws prohibit sexual harassment.  These laws include Title VII of the Civil Rights Act of 1964 and 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.

Sexual harassment refers to unwelcome sexual or gender-based conduct. When sexual harassment becomes so severe or pervasive as to interfere with an individual’s ability to work, learn or participate in the College’s programs, it is called a sexual or gender-based “hostile environment.”  Harassing conduct can occur in various forms, including physical, verbal, written, visual or electronic (e.g., emails, text messages, personal blogs, social networking site posts or other online activity) conduct that relates to sex, gender or sexual identity.

A determination as to whether a hostile environment has been created depends on the totality of the circumstances, such as the severity of a particular incident, the context in which it occurred, whether the conduct was repeated, whether the conduct was verbal or physical, and whether it was threatening or merely annoying.  Le Moyne reserves the right to discipline offensive conduct that is inconsistent with community standards even if it does not rise to the level of a hostile environment as defined by applicable law.  Further, the College encourages students and others to report incidents that concern them even if the incidents are not particularly egregious, as early reporting assists the College to address and correct situations before they become so severe or pervasive as to create a hostile environment.  

Le Moyne also prohibits “quid pro quo” harassment. Quid pro quo” (or “this for that”) harassment occurs when a person in a position of authority or control links the receipt of some benefit (such as a grade, or the ability to join a group or participate in a program) to another’s submission to unwelcome sexual advances or sexual conduct or requires the other to perform or submit to demeaning or degrading sex or sexually-charged acts. “Quid pro quo” harassment can be expressly stated, but it also can be implied by words, actions or the surrounding circumstances.

B. Non-Consensual Sexual Conduct

Any sexual activity without mutual consent, including sexual assault, is prohibited.  Violations of this Policy include but are not limited to the following:

Category 1 Non-Consensual Sexual Conduct

Category 1 Non-Consensual Sexual Conduct includes any sexual penetration, regardless of how slight, with any type of body part or object (including but not limited to sexual intercourse) by one person upon another person 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, conduct that would otherwise constitute Category 2 or 3 Non-Consensual Sexual Conduct which involves any level of physical violence will be considered Category 1 Non-Consensual Sexual Conduct.

Category 2 Non-Consensual Sexual Conduct

Category 2 Non-Consensual Sexual Conduct is any intentional sexual touching, however slight, with any type of body part or object by one person upon another without consent, and which does not rise to the level of Category 1.  Sexual touching includes any contact, directly or through clothing, with the genitals, breasts, groin, mouth or buttocks of another individual, or any other bodily contact in a sexual manner.  Sexual touching also includes causing another to touch one’s intimate bodily areas, or disrobing another, without consent.

Category 3 Non-Consensual Sexual Conduct (Sexual Exploitation)

Category 3 Sexual Exploitation occurs when a person takes non-consensual sexual advantage of another for his/her own benefit or to benefit someone other than the individual being exploited, and that behavior does not otherwise constitute sexual harassment or Category 1 or Category 2 Non-Consensual Sexual Conduct 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 engage in private or intimate activities such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in sexual activity)
● Non-consensual video, photography or audio taping of private or intimate activities such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in sexual activity)
● Without consent of all involved or exceeding the bounds of such consent, allowing others to watch private or intimate activities (such as, but not limited to, undressing, showering/bathing, using the bathroom or engaging in consensual sexual activity) by means such as, but not limited to, hiding in a closest, using a webcam, distributing video, etc.
● 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
● Acts of incest
● Prostitution or promoting prostitution
● Administering to another person without their knowledge or consent alcohol or drugs (to include “date rape” drugs) for the purpose of engaging or attempting to engage in sexual activity or exploitation.

C. Domestic Violence, Dating Violence and Stalking

Domestic violence means a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the reporting party, a person with whom the reporting party shares a child in common, a person who is cohabitating with or has cohabitated with the reporting party as a spouse or intimate partner, a person similarly situated to a spouse of the reporting party under the domestic or family violence laws of the jurisdiction in which the act occurs, or any other person against an adult or youth reporting party who is protected from that person’s acts under the domestic or family violence laws of that jurisdiction. Violence may include physical assault (hitting, pushing, kicking, shoving, etc.) and/or sexual abuse (unwanted or forced sexual activity).

Dating violence means abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the reporting party.  The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.  Forms of abuse constituting dating violence can be physical, (including sexual).  Dating violence does not include conduct constituting domestic violence as defined above.  

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person under similar circumstances and with similar identities to the reporting party to fear for the person’s safety or the safety of others, or suffer substantial emotional distress (that may, but does not necessarily, require medical or other professional treatment or counseling).  Stalking includes, but is not limited to, repeatedly (i.e., on two or more occasions) engaging in: contact, face-to-face communication, telephone calls or messages, text messages, emails or letters to or about a person; the giving of unwanted gifts; threatening or obscene gestures; or surveillance, following, trespassing or vandalism.

The above definitions and explanations are provided for educational and illustrative purposes.  A person reporting an incident need not worry about which category of Sexual Misconduct applies to or whether all elements of a particular definition of misconduct have been met.  An individual reporting an incident is expected only to relay the facts in good faith; College representatives trained in responding to Sexual Misconduct will assist the reporting party in determining whether the incident may constitute a violation of this Policy.  Students should never feel pressured to engage in sexual relationships or activity of any kind with anyone, including another student or a Le Moyne College faculty or staff member.

IV. Definitions of Affirmative Consent, Confidentiality, Privacy and Amnesty

A. Affirmative Consent

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.  Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.  Silence or lack of resistance, in and of itself, does not demonstrate consent.  The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.  Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.  Consent may be initially given but withdrawn at any time.  

Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.  When consent is withdrawn or can no longer be given, sexual activity must stop. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity.  Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.  Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.  

In considering whether an individual is incapacitated due to drug or alcohol use, the College will look at a number of factors, including but not limited to the type/amount of alcohol and/or drugs used, as well as such outward signs as slurred or incoherent speech, impaired motor skills (e.g. walking, texting), vomiting, loss of consciousness, etc.  

Incapacitation may also result from a physical or mental disability.  In addition, in New York, a minor (someone under the age of 17) cannot consent to sexual activity.  This means that sexual contact with a person less than 17 is a crime as well as a violation of this Policy even if the minor wanted to engage in the sexual activity.  If any person has any information that a minor has been subjected to sexual activity, it should be reported to Campus Security and/or the Police immediately.

B. Confidentiality

Confidentiality may be offered by an individual who is not required by law or policy to report known incidents of sexual assault or other crimes to institutional officials in a manner consistent with state and/or federal law. Licensed mental health counselors, medical providers and pastoral counselors are examples of institutional employees who may offer confidentiality.

C. Privacy

Privacy may be offered by an individual when such individual is unable to offer confidentiality
but shall still disclose information learned from a reporting individual or bystander to a crime or incident no more than necessary to comply with this Policy and applicable laws, including informing appropriate College officials.  

The Title IX Coordinator/Deputies, Investigating Team, Review Panel/Officers, Appeal Panels and anyone else with a role under this Policy are required to maintain privacy as to student conduct records, the deliberations, and votes taken.

D. Amnesty Policy for Alcohol and/or drug use

The health and safety of every student at the College is of utmost importance.  The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct.  The College strongly
encourages students to report domestic violence, dating violence, stalking or sexual assault to College officials.  A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to the College’s Community Standards for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.  

V. Reporting Options

Le Moyne College strongly encourages students and/or witnesses of Sexual Misconduct to report these incidents.  Retaliation and threats of retaliation or other attempts by a student to prevent the reporting of Sexual Misconduct outlined in this Policy are also considered violations of this Policy.  Le Moyne College will take steps to prevent or address retaliation by anyone within its jurisdiction against any person making a report of sexual misconduct or cooperating with any investigation or adjudication of such a report.

Students have options with respect to securing a College response to a Sexual Misconduct incident.  These options include a report to College administration to understand and/or pursue on campus procedures, a police report to understand and/or pursue a criminal investigation (including the New York State Police), or a confidential report to the Wellness Center for Health and Counseling or a clergy member.  These options are not mutually exclusive, and a student may take advantage of all of these options.  Trained counseling center staff and/or a Title IX Coordinator may review all of the reporting options with the reporting party.  

A student also has the right to not report to any or all of the foregoing.

Students who are in immediate danger need to get to a safe place and can contact Campus Security at 315-445-4444 or dial 911. Students in need of medical attention should call Campus Security at 315-445-4444 or dial 911.

A. Report for a Response by the College

A report to the College should be made whenever an individual wishes for the College to take some action in response to the situation.  Incidents of Sexual Misconduct should be reported to the following Responsible Administrators for action:

● Campus Security at 315-445-4444 ─ Available 24/7
● Title IX Coordinator:  Deborah Cady Melzer, 315-445-4278
● Deputy Title IX Coordinators:
    o Ann Bersani, Associate Director of Campus Life and Leadership, 315-445-4522
    o Timothy Barrett, Human Resources, 315-445-5447
    o C. Tabor Fisher, Philosophy Faculty Member, 315-445-4256
    o Scott Peterson, Athletics, 315-445-4217
● Resident Advisor (RA) and Area Directors (AD).  Students may report incidents of Sexual Misconduct to an RA.  The RA and AD will notify one of the above administrators and the appropriate College support services such as the Wellness Center for Health and Counseling office and/or Campus Life and Leadership.

While the College treats all Faculty and all full time Staff and Administrators (who are not classified as Confidential under V B of this Policy) as responsible employees with an obligation to advise the Title IX Coordinator of violations of this Policy which they observe or otherwise learn about, a person who has been subjected to Sexual Misconduct is strongly urged to contact one of the specific Responsible Administrators listed above.  If a report is made to anyone else, the reporting party risks a delay in that report getting to individuals authorized to act upon it and even the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon at all.  Once a report is made, the Responsible Administrator to whom the report is made will inform the Title IX Coordinator or his/her deputy.

The reporting party will be advised by the Title IX Coordinator of his/her rights and the options moving forward.  This will include an explanation of investigatory/disciplinary avenues, as well as other responsive (including interim) measures, such as changes in academic, housing, transportation and work arrangements to minimize the reporting person’s contact with the respondent.

Sometimes, a reporting party files an incident report but does not want an investigation or disciplinary action to be taken by the College.  The College endeavors to respect and follow the wishes of an individual who brings forward a Sexual Misconduct concern.  However, it may or may not be possible for the College to honor a request to not investigate or initiate disciplinary action.

If an individual makes a report but does not wish for there to be an investigation or any disciplinary action, the Title IX Coordinator will confer with appropriate administrators and
decide whether the request can be honored.  The  College’s decision will depend on the seriousness of the offense, whether the incident reflects an escalation in unlawful conduct on the part of the respondent, whether the offense is alleged to have included a single or multiple respondents, whether there is reason to believe that the respondent has engaged in the reported conduct or similar conduct previously or otherwise has a history of violent behavior or is a repeat offender, whether the circumstances suggest an ongoing or future risk to the campus community or the reporting party (such as threats of future violence); whether the incident involved the use of force or weapons; whether the reporting party was a minor; whether the College possesses other means to obtain relevant evidence; and similar considerations.  A decision will be made and shared with the person who brought forward the concern.  

Similarly, a reporting party may desire to have investigatory and/or disciplinary action taken, but may wish to have his/her identity as the reporting party kept confidential.  Depending on the circumstances, this may or may not be possible.  If any number of people could have reported the incident, it may be possible for the reporting person’s identity to remain confidential and not be shared with the respondent.  However, in other cases, it may not be possible to proceed with investigatory or disciplinary action without revealing the identity of the reporting party.  If a reporting party requests that his/her name be kept confidential (or if the reporting party makes an anonymous complaint), the College’s ability to respond to the report may be limited.  The Title IX Coordinator will discuss the situation and the reporting person’s request for confidentiality, and a decision will be made and shared with the reporting person.

Ultimately, the College retains the right (and in some cases may have the obligation) to act upon any information that comes to its attention.  Therefore, if a person believes that he or she has been subjected to Sexual Misconduct and wants support but does not want the College to take further action (or is not yet certain whether he or she desires such action), he or she should utilize one of the Confidential Resources described below.

Nonetheless, when the College and its employees cannot guarantee confidentiality, they will maintain an individual’s privacy to the greatest extent possible.  The information provided to a non-confidential resource will be relayed only as necessary for the Title IX coordinator to investigate and/or seek a resolution, and to otherwise comply with this Policy.

A student may file an official incident report regarding an act of Sexual Misconduct 24
hours a day, 7 days a week with Campus Security located in the basement of Nelligan Hall, at 315-445-4444. 
The report will include the reporting party’s name, as well as the responding student if known.  A preliminary investigation may be conducted by Campus Security. The Campus Security report will be forwarded to the Title IX Coordinator, who will follow the procedures outlined in this Policy.

Reports may also be made anonymously by contacting the Title IX Coordinator or the Campus Sexual Assault Hotline (315-251-SAFE).  The College’s ability to respond, however, may be limited by such anonymity.

Upon receiving a report, the Responsible Administrator to whom the report was made will discuss with the reporting party available avenues and options.  Options may include disciplinary action against the respondent and remedial actions to ameliorate or correct the effects of the Sexual Misconduct.  Other options may include interim no contact orders, changes in academic, extracurricular, residential, transportation, dining or working arrangements, access to academic, medical, counseling and other support, as appropriate.  Reporting to local law enforcement also is an option. The College will review the facts and circumstances of each case, as well the reporting party’s wishes, in deciding whether and what steps are reasonable and appropriate.

B. Confidential Reports

Le Moyne understands that a student who has experienced Sexual Misconduct may wish to talk about the incident with the understanding that the discussion will not be reported under this policy.  The support resources that students may utilize on a confidential basis include the Wellness Center for Health and Counseling (consistent with its protocols on confidentiality) and our campus clergy (acting in their role as clergy).  Students are encouraged to consult these sources for confidential emotional support.  A discussion with any of these sources does not result in a report being filed with the College or result in action being taken by the College to respond to the incident.  A student wishing to have an incident investigated or adjudicated should report in accordance with the procedures described in this Policy.

       Wellness Center for Health (services are free for all students) 315-445-4440
       Wellness Center of Counseling (services are free for all students) 315-445-4195
       Sexual Assault Hotline 315-251-SAFE


C. Reports to Law Enforcement

A person who has been the victim of Sexual Misconduct is encouraged to contact local law enforcement directly by dialing 911, the New York State Police Sexual Assault Hotline (844-845-7269).  If requested, Campus Security (315-445-4444) will assist such a person in making a report to local law enforcement.  Campus Security staff are Responsible Administrators, therefore if the report does come to the attention of Campus Security, even if only through a request to assist with contacting local law enforcement, it will be shared with the Title IX Coordinator and/or Deputy.  Filing an official police report is different than filing a report with the College.  When a person files a Sexual Misconduct report with local law enforcement a criminal investigation may be 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 as to whether the case will be prosecuted.  The criminal justice process utilizes different standards of proof and evidence.  (Any questions about whether a specific incident violated the penal law should be directed to law enforcement or the Onondaga County District Attorney (911 or 315-435-2470).  The preservation of evidence is critical to the prosecution of a criminal case.  If you have been the victim of a Sexual Misconduct, vital evidence may be lost if you change your clothes, shower, brush your hair, or allow time to pass before your physical state is documented by the police or a doctor.  Any person who has experienced sexual assault or an act of violence is encouraged to contact the law enforcement immediately for further instructions as to the preservation of evidence.

       New York State Police Sexual Assault Hotline 844-845-7269
       Onondaga Sheriff Abused Persons Unit 315-435-3092
       City of Syracuse Police Department 911 or 315-422-5111
       Syracuse Police Abused Persons Unit 911 or 315-435-3016
       Town of Dewitt Police Department 911 or 315-425-2333
       Onondaga County Sheriff’s Office 911 or 315-425-2111

A criminal investigation into allegations of Sexual Misconduct does not end the College’s duty to investigate and resolve reports promptly and equitably.  In certain cases, Le Moyne College may wait to proceed with its own fact finding investigation and procedures under this Policy until the police have completed their initial evidence gathering phase of their investigation. Le Moyne College will not defer its investigation and disciplinary processes thereafter (e.g., pending the completion of any civil or criminal case).

VI. Rights

A. Students’ Bill of Rights

All students have the right to:

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate
in the College conduct process and/or criminal justice process free from pressure by the College;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the College courteous, fair, and respectful
health care and counseling services where available;
6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few College representatives as practicable and not be
required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the College, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the Conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

B. Other Rights In Cases Involving Sexual Assault, Domestic/Dating Violence and Stalking

The rights of others, even if not a student, appear at Appendix A.

C. Support Services for both the Reporting and Responding Party

● Campus support services (Free)
    o Wellness Center, Counseling (for Students): 315-445-4195 (Confidential)
    o Wellness Center, Health Services (for Students): 315-445-4440 (Confidential)
    o SAFE Hotline: 315-215-SAFE
    o Title IX Coordinator:  Deborah Cady Melzer  315-445-4278
● Off-campus resources (at the student’s expense, if any)
    o Vera House (Confidential): 315-468-3260
    o City of Syracuse Police Department:  911 or 315-442-5111
    o Town of DeWitt Police Department: 911 or  315-425-2333
    o Onondaga County Sheriff’s Office: 911 or  315-425-2111
    o St. Joseph’s Hospital Emergency Room (Confidential):      315-448-5101
    o University Hospital Emergency Room (Confidential):        315-464-5611
    o Crouse Hospital Emergency Room (Confidential):              315-470-7411
    o NYS Police Sexual Assault Hotline:                                   1-844-845-7269
    o NYS Domestic Violence Hotline:                                       1-800-942-6906

VII. Administrators of the Policy

The administrators of this Policy are described below.  

A. Title IX Coordinator/Deputies

The oversight responsibility for the Policy and procedures primarily rests the Title IX Coordinator and Deputies. These officers are appointed by the President, and in the role of Title IX Coordinator/ Deputy, report directly to the President.  The Title IX Coordinator and Deputies will come from the ranks of the faculty and staff.  Whenever possible, the President will appoint a gender-balanced team. These individuals will coordinate educational programs for the College community, train personnel, and administer the procedures described in the Policy. Normally, the Title IX Coordinator/Deputies do not have a direct role in decision making process. Instead, their role is to protect the integrity and fairness of the procedures.

B. Investigating Team

In cases where a report for a response by the College has been filed with a Responsible Administrator, an Investigating Team will be appointed by the Title IX Coordinator. This Team will normally consist of one or more trained investigators.  In addition, a Title IX Deputy will be responsible for monitoring compliance with the Policy during the course of the investigation and providing guidance to the Investigating Team under the Policy.  Members of the Investigating Team are specifically designated and undergo appropriate training to assist in the processing of formal complaints alleging Sexual Misconduct.  The role of the Investigating Team is to: participate in the collection of facts and evidence related to the report including information from the reporting party, the responding party and other witnesses; and to refer their report to the Review Panel, or others as provided for in this Policy.

C. Review Panel (Student Respondents)

The Review Panel, chaired by the Assistant Dean for Student Development, consists of 3 additional faculty and/or staff who are specifically designated and undergo appropriate training to assist in the processing of formal complaints in which a student is alleged to have engaged in Sexual Misconduct.  The Review Panel shall have the responsibilities of making the decision as to whether a responding individual has committed a violation of College policies and determining appropriate sanctions and remedies based on the preponderance of evidence (i.e., whether the charged conduct is “more likely than not” to have occurred) after a review of the Investigating Team’s report.  Evidence 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 Assistant Dean for Student Development’s role is administrative and is not a decision-maker in this process.

D. Review Officers (Staff Respondents)

A trained Review Officer appointed by the Title IX Coordinator will have responsibility for making the decision as to whether a Staff member accused by a student is responsible for a violation of this Policy and determining appropriate sanctions and remedies based on the preponderance of evidence (i.e., whether the charged conduct is “more likely than not” to have occurred) after a review of the Investigating Team’s report.  Evidence 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.  

E. Provost

In cases in which a Faculty member is accused by a student of violating this Policy, the Investigating Team’s report will be forwarded to and reviewed by the Provost.  If the Provost believes that suspension or dismissal of the Faculty member may be warranted, he or she will invoke the dismissal procedures of the Faculty Handbook and the case will proceed under those procedures.  If the Provost believes that suspension or dismissal is not appropriate, the Provost will forward the report to the Dean of the respondent’s Division/School/Program who, based on a preponderance of evidence, will make a determination of responsibility and impose discipline if appropriate.

F. Appeals Panel (Student Respondents)

An Appeals Panel will be appointed if, after an investigation has been completed and a Review Panel has taken formal action, either party decides to appeal the decision.  The Title IX Coordinator as chair of the appeals panel, will appoint an Appeals Panel of two (2) individuals from the pool of trained faculty and/or staff who have not participated in the investigation or review panel.  (In the event the two members are not able to reach an agreement, a third member shall be appointed by the Title IX Coordinator.)  The role of the Appeals Panel is to act on any appeal request.  The Title IX Coordinator’s role is administrative and is not a decision-maker in this process.

G. Appeals Panel (Faculty Respondents)

In the event a matter is referred for resolution under the Faculty Handbook, the appeals provisions of that process will apply.  In cases where the Provost refers a matter to a Dean for decision, appeals will be heard by the Provost and a Dean not involved in the original decision as appointed by the Title IX Coordinator.  The role of the Appeals Panel is to act on any appeal request.

H. Appeals Panel (Staff Respondents)

An appeals panel of at least two trained members will be appointed by the Title IX Coordinator in the event either party, in a case in which the respondent is a staff member appeals (a third member will be appointed if the two original appointees cannot agree).  The role of the Appeals Panel is to act on any appeal request.  

I. Legal Counsel

An attorney who is responsible to the Board of Trustees shall be made available by the College to advise the Title IX Coordinator/Deputies, Investigating Team, Review Panel and/or Appeals panel, at any time, to be coordinated through Title IX Coordinator.

VIII. Interim Measures/Suspensions

In appropriate cases, interim relief may be available for either party to a report while an investigation and/or review is pending.  Relief may include no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; as well as safe walks and escorts, and other relief as appropriate.  This relief can be secured through the Title IX Coordinator.

When as a result of a Sexual Misconduct report a no contact order is issued against an individual and that individual and the person protected by the no contact order observe each other in a public place, unless otherwise provided in the no contact order it is the responsibility of that individual subject to the no contact order to leave the area immediately and without directly contacting the person protected.  

When a non-contact order is issued, both the person against whom it is issued and the person seeking the no contact order, will, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of the no contact order, including potential modification.  This request may be made by submitting a written request to the Title IX Coordinator, providing the basis for the request and submitting any evidence in support of the request.  

Continued intentional contact in violation of a no-contact order is grounds for additional misconduct charges.

Upon request, an individual may also seek a prompt review of the need for and terms of any other interim measure and accommodation that directly affects him or her, by submitting a written request for review to the Title IX Coordinator, providing the basis for that request and any evidence in support.

When a student accused of Sexual Misconduct is determined to present a continuing threat to the health and safety of the campus community, he or she is subject to interim suspension pending the outcome of any proceedings under this Policy.  Both that student as well as the subject of any such misconduct will, upon written request, be afforded an opportunity for a review of the need for and terms of an interim suspension, including potential modification, by submitting a written request to the Title IX Coordinator, providing the basis for that request and any evidence in support.

In those cases where, in the opinion of the College, the continued presence of an individual on campus constitutes a threat of danger or injury to others or a threat of disruption of the educational or living environment, that individual may be immediately suspended from the College and/or otherwise prohibited from access to campus, or other appropriate interim action taken.

In the case of the suspension or other removal from campus, either party shall be afforded a prompt review of the need for and term of any interim suspension by submitting a request in writing to the Title IX Coordinator, which shall be accompanied by any evidence in support of
that request.

IX. Orders of Protection

Campus Safety, or other College officials, will provide reasonable assistance to a College campus community member, in connection with prohibited Sexual Misconduct conduct under
this Policy. in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order.  This assistance includes providing that person with:

i. a copy of an order of protection or equivalent when received by the College and providing that person with an opportunity to meet or speak with a College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person’s responsibility to stay away from the protected person or persons;

ii. an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and

iii. assistance from Campus Safety in contacting local law enforcement to effect an arrest for violating such an order.

X. Investigation

Upon receipt of a report and a desire by the reporting party to move forward, or a determination by the Title IX Coordinator to move forward in the absence of a participating reporting party, the College will conduct an investigation.1  The Title IX Coordinator reserves the right, in exceptional cases, to utilize external investigators, alone or in conjunction with internal investigators.  Investigation of reports will be completed as expeditiously as possible, ordinarily within 30 days.2  Investigation may take longer when (among other things) the initial report fails to provide direct firsthand information or when the College is not in session.  An investigation usually involves interviews of witnesses and reviewing relevant documentation. During the investigation, the reporting party and the responding party will have an equal opportunity to share information and request that witnesses be interviewed.  The reporting party and the responding party will not be interviewed together or be required to meet together.  The investigators retain discretion to otherwise determine how to conduct the investigation and what information is necessary and relevant.

1. In unusual cases, it may be apparent that an investigation should not proceed.  This may be the case if the report is not of a nature covered by this Policy; where another Policy or procedure is more appropriate; or where there is indisputable proof that the allegations are not true.  If a determination is made by [the Title IX Coordinator] not to proceed, the reporting party will be so informed.

2. All deadlines and time requirements in this Policy may be extended for good cause as determined by the Title IX Coordinator and/or designee.  Both the reporting and responding parties will be notified in writing of the reason for the delay and the date of the new deadline or event.  

A. Advisor

During an investigation of any report filed, the reporting party and the responding party may bring an advisor drawn from non-lawyer, active members of the College community, except that in cases involving sexual assault, domestic or dating violence or stalking, it can be an advisor of choice, to any related meeting/interview.  Any expense incurred in using an advisor is borne by the individual.  Each party must inform the Title IX Coordinator of their interest in having an advisor accompany them at least 24 hours prior to attending any meeting.  An individual may be precluded from serving as an advisor if the Title IX Coordinator determines that a conflict of interest exists.

Individuals are expected to speak for themselves during meetings/interviews; accordingly, advisors may furnish advice to the individual only and may not make statements or arguments, question witnesses or other individuals involved, or otherwise actively represent an individual during the meeting/interview.  Without limiting the foregoing, an advisor may not speak during any meetings/interviews related to the report, object to any aspect of the meeting/interview, or disrupt a meeting/interview in any way.  Any consultation with the advisee while a meeting/interview is in progress must be done in writing only and in a way that is not disruptive.  

The advisor may consult with the advisee outside the meetings /interviews during breaks, if any.  If an advisor is not adhering to these or other ground rules of any meeting/interview, the advisor may be expelled from the meeting/interview, and the meeting /interview will continue without opportunity for the party to secure a new advisor.

B. Investigation Process

Investigatory meetings/interviews will be conducted by the Investigation Team, who will determine the order and method of proceeding.  The Investigation Team will review the charges during the meeting/interview; will determine all questions of procedure or interpretation arising during or with respect to the meetings/interviews and may exclude from a meeting/interview any person who engages in conduct in violation of these procedures.  Meetings/interviews may be recorded by the Investigating Team (only), at its discretion, and with notice to the person being recorded.

The investigation process will generally be closed to anyone other than the interviewee, and if the responding party and/or reporting party, their advisor, but the Investigation Team may permit others to attend if it is deemed that the individual may be helpful to its review and determination of the charges, or that there are other compelling reasons for their presence.

C. Witnesses

The reporting and responding parties may each request that witnesses be included in the investigation process.  Such requests must be submitted to the Investigation Team in writing including the purpose for including the witnesses.  

The Investigation Team may decide not to include a requested witness if the Investigation Team determines that the expected testimony is not sufficiently relevant to the charges or is cumulative.  The Investigation Team may also interview additional witnesses on its own initiative.

D. Investigating Team’s Report

At the conclusion of the investigation, the Investigating Team will provide, their report, including any credibility determinations, to the Title IX Coordinator for distribution to the appropriate body/person.  The reporting and responding parties shall be notified of the conclusion of the investigation and shall, upon written request directed to the Title IX Coordinator and received within 48 hours of that notice, be given the opportunity to review on campus the investigating team’s report and relevant information in the case file.  A requesting party shall be given a 7 day period during which access to this material may be available for a scheduled review.  Access is limited to the requesting party, who may not,  make photocopies or take photographs of the materials.  Each party shall also be allowed to provide an additional written statement (including a personal impact statement) for consideration by the Review Panel (or other body) during this same 7 day period.  (The College reserves the right to redact material from the file as permitted and/or required by law.)  Any written statement provided by a party may be reviewed by the other party, who will have 24 hours to submit a response.

E. Review

        a. Student Respondents

In cases in which the respondent is a student, after the Investigating Team has completed meeting with both parties and all relevant witnesses, the team will produce a report of fact discovery and forward to the Chair of the Review Panel.  The Chair will convene a panel of 3 trained faculty and staff members to review the investigating team’s full report.  

The Review Panel may review  any written documentation from the investigation and/or any recordings made during the investigation meetings. The Review Panel may, but is not obligated to, provide the reporting and the responding student an opportunity to appear before the Review Panel, but any such opportunity must be provided equally (if at all) to both parties.  If the Review Panel desires, they may also ask questions (in writing or in person) of the reporting/responding students, the witnesses and/or the Investigating Team.  The Review Panel may also request additional information or ask the Investigating Team to ask any party or witness additional questions.

The Review Panel will deliberate and make a decision based upon the preponderance of the evidence (or more likely than not) as to responsibility and, if appropriate sanction.  The Review Panel may consider the record of any previous disciplinary action or other violation of  College Policy in determining sanctions.

The Chair of the Review Panel will inform the reporting and responding party, simultaneously and in writing, of the decision, including findings of fact and rationale therefore, and sanction, if appropriate, to the extent permitted by law.  The decision of the Panel is effective immediately.  The notice will include a reference to the available appellate procedure and the potential outcomes of that procedure.  The Review Panel’s determination is typically provided within 7 days after the Panel receives the investigating team’s report.


        b. Faculty Respondents

In cases in which a Faculty member is a respondent, the Provost will review the report.  In cases where the Provost believes that suspension or dismissal may be an appropriate sanction, he or she shall invoke the dismissal procedures of the Faculty Handbook and use the Investigating Team’s report as the basis for charges.  In other cases, the Provost shall refer the matter to the appropriate Dean to make a determination as to responsibility and sanctions, if appropriate.  The Provost/Dean will conduct a review similar to that provided for above (in cases involving students).

        c. Staff  Respondent

In cases in which a Staff member is a respondent, the Review Officer will conduct a review similar to that provided for above (in cases involving student respondents) and will make a determination as to responsibility and sanctions, if appropriate.

XI. Sanctions and Corrective Action


The College is committed to rectifying the consequences of Sexual Misconduct.  It is the responsibility of the Review Panel (or other appropriate authority) to determine the appropriate sanction of the individual that has been found in violation of this Policy, as well as determine any other corrective action that may be appropriate.

In assessing a sanction involving a student respondent, the seriousness of the Sexual Misconduct incident and a student’s prior disciplinary record (if any) will be evaluated.  Although some incidents may 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 act of Sexual Misconduct, based on the facts and circumstances of the particular case.  A potential listing of sanctions may be found in the Student Conduct Process section of the Student Handbook.

When the accused is a Faculty member or Staff member, the seriousness of the Sexual Misconduct incident and the accused’s prior record (if any) will be evaluated.  The College reserves the right to impose any level of discipline, up to and including termination, for any act of Sexual Misconduct, based on the facts and circumstances of the particular case.  Where applicable, discipline will be issued in accordance with any collective bargaining agreements.

XII. Appeal Procedures

        a. Student Respondents

When the accused is a student, after an investigation has been completed and a Review Panel has made a decision and taken formal action, either party may appeal the decision of the Review Panel. Appeals must be submitted in writing to the Title IX Coordinator within five business days of the date of the Review Panel findings letter.  The appeal statement should include all information the party wishes to have considered.  An appeal must be based on one or more of the following grounds:

● a procedural error occurred during the process that had a direct impact on the outcome,
● new information has come to light that has a direct impact on the outcome and which could not have been discovered by a properly diligent person before or during the Investigation, and/or
● the sanction is inappropriate (too severe or too light).

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

A party’s appeal statement is subject to review by the other party, who will then have 24 hours to submit a response.

The Appeals Panel shall review the appeal, any written documentation from the investigation and/or review panel notes or any recordings made during the investigation or review panel proceedings. The Appeals may, but is not obligated to, provide the reporting and the responding student an opportunity to appear before the Appeals Board, but any such opportunity must be provided equally (if at all) to both parties.  If the Appeals Board desires, they may also ask questions of the reporting/responding student, ask questions of the Review Panel and/or request additional information. Following review, the Appeals Board may take any action it deems warranted, including without limitation:

● uphold the finding of responsibility and the sanctions (if any) as originally imposed;
● uphold the finding of responsibility but change the sanction;
● overturn the finding of responsibility (and impose sanctions as applicable); or
● ask the original Review Panel or a new Review Panel to review the case in whole or in part

It is expected that the Appeals Board will meet to review and make a decision on the appeal within 10 working days of the receipt of the appeal.  The Chair will inform the reporting and responding parties, simultaneously and in writing, of the decision and the rationale therefore, to the extent permitted by law.  This notice is typically provided within 7 days after the Appeals Board reaches its determination.

The Appeals Board is not subject to review or further appeal (though the reporting student and/or the responding student retain the right to appeal (as provided above) any re-hearing ordered by the Appeals Board).

The Appeals Board proceedings are not open to the public, other members of the College community, parents, family members, or friends. The Chair shall have final authority regarding individual access to Appeals Board proceedings. If the reporting or responding student is asked to appear before the Appeals Board, they may each bring an advisor of their choice (as provided earlier in this Policy and at the party’s own expense, if the advisor is a paid advisor). Each party must inform the Chair of the identity of his or her advisor at least 24 hours before the hearing.  Students are expected to speak for themselves during Appeals Board proceedings; accordingly, advisors may furnish advice only and may not make statements or arguments, question individuals involved in the proceedings, or otherwise actively represent a student during the proceedings.  The advisor may not speak during the proceedings, object to any aspect of the proceedings, or disrupt the proceedings in any way, and any consultation with the advisee while the proceedings are in progress must be done in writing only.  The advisor may consult with the advisee verbally outside the proceedings during breaks, if any.  If the Chair determines that an advisor is not adhering to these or other ground rules of the proceedings, the advisor will be expelled from the proceedings,
and the proceedings will continue without opportunity for the party to secure a new advisor.

The Appeals Board members are required to maintain privacy as to student conduct records, the deliberations, and votes taken.

        b. Faculty Respondents

When the accused is a Faculty member, and the matter has been referred for resolution under the Faculty Handbook procedures, the appeals procedures provided for in the Handbook will apply.  In all other cases, the Title IX Coordinator will be responsible for appointing a Dean who was not involved in the original decision, who together with the Provost will constitute the Appeals Panel.  In those cases, appeals will otherwise be handled on the same basis as provided above (for student respondents).

c. Staff Respondents

When the accused is a Staff member, an appeals panel of at least two trained members will be appointed by the Title IX Coordinator in the event either party appeals (if they cannot agree on an outcome, a third member will be appointed).  In such cases, appeals will otherwise be handled in the same basis as provided above (for student respondents).

XIII. Institution Initiated Proceedings

Normally, individuals are responsible for filing reports on behalf of themselves. However, in cases where appropriate, the College may need/choose to bring formal charges itself.  The decision to undertake institution-initiated proceedings lies with the Title IX Coordinator.


XIV. Rights of Parties During Investigation, Review and Appeal

A. Rights of the Reporting Person.  

The reporting person under these procedures has:

     (1) the right to provide a personal statement before any sanction is imposed;

     (2) the right to make his/her statement without directly confronting the party charged;

     (3) the right to be notified in advance in writing (including electronically) of any meeting they are required or eligible to attend and the reason for that meeting;

     (4) the right not to have his or her past sexual history with the other party considered, unless determined to be directly relevant to the matter at hand, and the right to not have their prior sexual history with other persons considered as part of a responsibility determination;

     (5) the right to ask that witnesses relevant to the case be interviewed as part of the investigation and to submit other evidence for consideration; however, the investigator(s) may establish a reasonable limit on the number of witnesses and to also place reasonable restrictions on the consideration of any proffered information;

     (6) the right to appeal a decision to the extent provided for in this Policy;

     (7) the right to raise any issues of conflict of interest related to individuals serving in official roles under this Policy;

     (8) the right to decline to answer a question during the investigatory and/or review process. However, the investigation and review proceeds based on the information provided;

     (9) the right to have their own mental health diagnoses and/or treatment excluded during any responsibility determination.

B. Rights of the Respondent.  

The respondent under these procedures has:

     (1) the right to be informed of the factual allegations concerning any alleged violation, the date, time and place of the alleged violation; a reference to the Policy provisions violated and possible sanctions;

     (2) in the course of the investigatory and adjudicatory process, the right to be presumed not responsible for a violation until a finding of responsibility has been made;

     (3) the right to provide a personal statement before any sanction is imposed;

     (4) the right to be notified in advance in writing (including electronically) of any meeting they are required or eligible to attend and the purpose of the meeting;

     (5) the right to make his/her statement without directly confronting the complaining party

     (6) the right not to have his or her past sexual history with the other party considered, unless determined to be directly relevant to the matter at hand, and the right to not have their prior sexual history with other persons considered as part of a responsibility determination (prior findings and sexual assault, domestic violence, dating violence and stalking may be considered in determining a sanction, as may other aspects of the respondent’s overall record);

     (7) the right to ask that witnesses relevant to the case be interviewed as part of the investigation and to submit other evidence for consideration.  However, the investigator(s) may establish a reasonable limit on the number of witnesses and to also place reasonable restrictions on the consideration of any proffered information;

     (8) the right to appeal a decision to the extent provided for in this Policy;

     (9) the right to raise any issues of conflict of interest related to individuals serving in official roles under this Policy;

     (10) the right to decline to answer a question during the investigatory and/or review process.  However, the investigation and review proceeds based on the information provided;

     (11) the right to have their own mental health diagnoses and/or treatment excluded during any responsibility determination.

XV. Retaliation

Retaliation against persons who initiate reports or support action against Sexual Misconduct is strictly forbidden. Retaliation includes any adverse action which would reasonably tend to dissuade such individuals from coming forward, including but not limited to any form of
intimidation, reprisal, or harassment.

Allegations of retaliation shall be promptly investigated. A thorough investigation using the procedures stated in this Policy will be conducted, preferably by the individuals already familiar with the case. Any individual over whom the College has jurisdiction and who retaliates against any person who reports, or is thought to have reported, alleged Sexual Misconduct, or who retaliates against any person who testifies, assists, or participates in an investigation relating to a Sexual Misconduct charge will be subject to disciplinary or such other action as the College deems appropriate.  Retaliation shall be considered a serious violation of this Policy and shall be independent of whether the alleged Sexual Misconduct is substantiated. Encouraging others to retaliate is also a violation of this Policy. Evidence of retaliation will be admissible in an ongoing investigation relating to sexual misconduct charge.

The reporting and responding parties in a Sexual Misconduct case are strongly encouraged not to discuss the report with other people except as required by the need for advice and support, and to the extent necessary for the reporting party, the responding party or their advisors to pursue or defend reports. Discretion on the part of all concerned should be exercised.  Public discussion of Sexual Misconduct reports beyond what is necessary and appropriate can be a form of retaliation.

XVI. Education for all Students

All students new to the Le Moyne Community (first years, transfers, part-time and graduate students) are required to participate in the Sexual Misconduct Education offered during their
Orientation Process.  Student Athletes must have documentation of completion of training prior to competition and student club and organization executive officers must have documentation of completion of training prior to recognition and budget approval.  

XVII. Training

Responsible Administrators, persons assigned as investigators and individuals determining
violations of this Policy will receive annual training on relevant topics, including discrimination, harassment, sexual assault, stalking, domestic violence and dating violence and how to conduct investigations (including specifically investigations involving sexual assault, domestic and dating violence and stalking), the right during investigatory and adjudicatory proceedings to a presumption of “not responsible” until a finding of responsibility is made, the College’s disciplinary proceedings, protecting the safety of the community, and respectful treatment of all parties.

XVIII. Academic Freedom

Le Moyne College supports and protects the principle of academic freedom. All members of the Le Moyne community have a right to use the academic forum provided by the College to discuss controversial subjects and express unpopular or unfamiliar ideas. However, under the shield of academic freedom, members of the community do not have the right to sexually harass others or engage in other acts of Sexual Misconduct. Nor may any member of the community implicitly or explicitly use the threat of filing a Sexual Misconduct report as a mechanism for the advancement of certain ideas and the silencing of others.

XIX. Recordkeeping

The record-keeping procedures outlined here are designed to protect the privacy of individuals to the maximum degree consistent with protection of the Le Moyne College community against future Sexual Misconduct. Records of information inquiries, reports and responses filed, notes and materials, and dispositions of cases will be maintained in a locked file by the Title IX Coordinator.  

When a report is received, the Title IX Coordinator will check the file to determine whether a report has previously been recorded against the same individual, but not acted upon. If so, the officers may attempt to contact the earlier reporting party(ies) and any witnesses named in order to suggest the possibility of joint action or participation as a witness, while still maintaining appropriate levels of privacy. Such persons have the right to decline to participate, although the College may decide to move forward on its own.  The Title IX Coordinator  shall also use this file to determine whether previous findings have been reached involving the person complained against and may use that information as appropriate.

XX.  Transcript Notation

In the event any student is found responsible for conduct which constitutes a crime of violence that must be reported under the Clery Act (including aggravated assault and sexual violence) and is suspended or expelled as a result, his/her transcript will note that they were suspended or expelled, as appropriate, for a finding of responsibility for a code of conduct violation (or words to that effect).  A student who withdraws with such charges pending and does not participate through completion in any College process will have noted on his/her transcript that he/she withdrew with charges pending (or words to that effect).  (The College reserves the right to process to completion a report filed against a student, and impose a sanction, notwithstanding his or her withdrawal.)  Pursuant to the College’s Policy on transcript notations, a student who has been suspended may be eligible to seek to have the notation removed, but not sooner than one year following completion of the suspension.

XXI. Clery Act Compliance

The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR).  Names of individuals involved in incidents are not reported or disclosed in ASRs.  In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus.  In such circumstances, the name of the responding party may be disclosed to the community, but the name of the reporting party will not be disclosed.

XXII. Coordination with Other Policies


A particular situation may potentially invoke one or more College policies or processes.  The College reserves the right to determine the most applicable Policy or process and to utilize that Policy or process.  Without limiting the foregoing, the Review Panel has the authority to review allegations of collateral misconduct, meaning that it hears all allegations of Sexual Misconduct, but also may hear any allegations of additional conduct or Policy violations that are alleged to have occurred as part of the same set of circumstances as the alleged Sexual Misconduct, even though those collateral allegations may not otherwise fall within the Review Panel’s jurisdiction.

In cases where there are multiple reports and/or multiple respondents, the College reserves the right to handle the cases individually or jointly.  Further, in cases where there are allegations of a violation of this Policy and collateral allegations of other Policy violations (e.g., an allegation of a non-consensual sexual contact and minor property damage), the College reserves the right to have allegation(s) of violations of this Policy and the collateral allegation(s) investigated and adjudicated pursuant to this Policy.  In cases where the individual has more than one status with the College (such as a student who is also employed with the College, or any employee who takes courses at the College), the College will determine in its discretion which status is primary; in such a situation, sanctions imposed may include both sanctions related to each status.

This Policy does not apply to decisions relating to requests for reasonable accommodation due to a disability.  Academic disability accommodations are handled by the Disability Accommodation office and pursuant to that office’s policies.  

XXIII. Delegation of Authority/Interpretation

The Title IX Coordinator may delegate any of his/her responsibilities and/or authorities under this Policy to a Deputy Title IX Coordinator, as appropriate.  

The Title IX Coordinator may also delegate the authority of any other person with a role under this Policy to another appropriate (including appropriately trained) College official, including in order to avoid conflicts of interest or where time constraints or other obligations prevent a College official named in this Policy from fulfilling his/her designated role.

Final interpretation of any provision of these policies is vested in the Title IX Coordinator. Issues that are not specifically addressed in these policies may be resolved by the Title IX Coordinator.

XXIV. Time Limits

The Title IX Coordinator may extend any time limits provided for in this Policy for good reason.

XXV. Policy Compliance

Any person with a concern about the College’s handling of a particular matter should contact the Title IX Coordinator.

The U.S. Department of Education, Office for Civil Rights is a federal agency responsible for ensuring compliance with Title IX.  OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, 1-800-421-3481.


Appendix A

RIGHTS IN CASES INVOLVING SEXUAL ASSAULT,
DOMESTIC/DATING VIOLENCE AND STALKING

Anyone reporting an incident of sexual assault, domestic or dating violence or stalking has the right to:

A. emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual and who can provide information, including:

(i) options to proceed, including the right to make a report to Campus Safety (reports to Campus Safety are reported to the Title IX Coordinator), Local Law Enforcement, and/or the New York State Police or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College, as set out in the Le Moyne College Sexual Harassment and Sexual Misconduct Policy, which can be found at www.lemoyne.edu/studenthandbook.

(ii) where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;

(iii) that the criminal justice process utilizes different standards of proof and evidence than the College’s misconduct procedures and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney;

(iv) whether the person they are reporting to is authorized to offer confidentiality or privacy; and

(v) Any other reporting options.

B. If they are a student, to contact the College’s Wellness Center for Health and Wellness Center of Counseling, where they may be offered confidential resources pursuant to applicable laws/policies and can be assisted in obtaining services for reporting individuals; if they are not a student but are otherwise a member of the College community, to contact non-College confidential resources, including:

(i) Vera House 315-468-3260

(ii) St. Joseph’s Hospital Emergency Room 315-448-5101

(iii) University Hospital Emergency Room 315-464-5611

(iv) Crouse Hospital Emergency Room 315-470-7411

C. Disclose confidentially the incident and obtain services from the state or local government;

D. Disclose the incident to the College’s Responsible Administrators who can offer privacy or, in appropriate cases determined by the Title IX Coordinator, confidentiality, subject the College’s Sexual Harassment and Sexual Misconduct Policy (which can be found at www.Lemoyne.edu/studenthandbook), and can assist in obtaining resources for reporting individuals;

E. File a report of sexual assault, domestic violence, dating violence, and/or stalking and consult the Title IX Coordinator and other appropriate College personnel for information and assistance.  Reports shall be investigated in accordance with College Policy. A reporting individual's identity shall remain private if that is what the reporting individual wishes, however privacy is not the same as confidentiality; private information can be shared to implement and fulfill the College’s obligations under the law and its Sexual Harassment and Sexual Misconduct Policy and related Procedures;

F. Disclose, if the respondent is a College employee of the institution, the incident to Human Resources or to request that a private employee assist in reporting to Human Resources; and

G. Receive assistance from appropriate College representatives if interested in initiating legal proceedings in family court or civil court, such assistance to consist of facilitation in contacting appropriate local agencies (e.g., Vera House), who can provide direct assistance with court proceedings.

H. Withdraw a complaint or involvement from the College processes at any time, with the understanding that in appropriate cases, the College may nonetheless be required to proceed even if the reporting individual does not wish to do so.

Information about available resources, including intervention, mental health counseling and medical services that might be available to anyone reporting an incident can be found at www.Lemoyne.edu/assaultresources.  In addition, information on sexually transmitted infections and sexual assault forensic examinations can be obtained from the Health Center, if a student, or from the Hospital’s listed above, if an employee.  Certain resources are also available to victims of crimes through the New York State Office of Victim Services, www.ovs.ny.gov.