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.
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. 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. 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 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
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 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.
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.
 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.
 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.