A hearing conducted by a trained administrator (staff or faculty). (See Hearing Information).
A college faculty/staff member who has been trained to conduct disciplinary hearings.
Affirmative consent is a knowing, and 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 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Consent may be initially given but withdrawn at any time.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 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. 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 When consent is withdrawn or can no longer be given, sexual activity must stop.
Sexual assaults are linked substances, primarily alcohol, that may decrease inhibitions and incapacitate the user. The drugs most often implicated in the commission of drug-facilitated sexual assaults are alcohol, (a benzodiazepine), ketamine, and Soma. However, other benzodiazepines and sedative hypnotics are used as well. These drugs often render victims unconscious—an effect that is quickened and intensified when the drugs are taken with alcohol. A person also may become a victim after taking such a drug willingly. Victims often have no memory of an assault, only an awareness or sense that they were violated as a result of the sedative properties of these drugs. The estimates for alcohol use among sexual assault perpetrators range from 34 to 74 percent depending on the study sample. Approximately half of all sexual assault victims report drinking alcohol at the time of the assault (Abbey et al. 1994; Crowell and Burgess 1996). It is important to emphasize that although a woman’s alcohol consumption may place her at increased risk of sexual assault, she is in no way responsible for the assault. The perpetrators are legally and morally responsible for their behavior. Alcohol consumption tends to co-occur—that is, generally if alcohol is involved, both individuals are drinking. (National Drug Intelligence Center (2004). Drug Facilitated Sexual Assault Fast Facts. [Online]. Available: http://www.usdoj.gov/ndic/pubs8/8872/#What ) (Antonia Abbey, et al., “Alcohol and Sexual Assault,” Alcohol Health and Research World, 2001 25(1): 43-51. )
A committee consisting of one (1) college faculty, staff, and student who have been trained to consider appeals filed by students who wish to contest a finding of an missed initial conference or hearing. The Board acts as a safe guard to assure due process for students.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal law that requires colleges and universities to disclose timely and annual information about crime on and around their campuses. The Clery Act is also known as the Campus Security Act. (Security on Campus, Inc. (2004), “Complying with the Jeanne Clery Act,” 30 June 2004.)
A hearing conducted by three (3) persons including no less than one student and one faculty/staff member who have been trained to conduct disciplinary hearings (see Hearing Information).
The only confidential resources on campus are licensed mental or physical health workers (Counseling and Behavioral Health Services and Health Services), who are held to standards of confidentiality as prescribed by their professions. The only exception to confidentiality by those licensed workers is if there is an imminent danger of harm to self or others, in which cases these professionals are required by law to notify the police of that danger.
“Dating violence is violence that occurs between people who know each other: boyfriends and girlfriends or same sex partners whether or not they live together. The violence may be physical, but it can also include threats, enforced social isolation and/or humiliation, intimidation, harassment, emotional mistreatment, financial control, forced sex or making threats with regard to family, friends, and/or children. Some of the common terms used to describe dating violence are courtship violence, battering, intimate partner violence, and date rape. (Tapestri, Inc., “Domestic Violence: What is Domestic Violence,” 30 June 2004 . ) (L.E. Saltzman, et al., “Intimate partner violence surveillance: uniform definitions and recommended data elements, Version 1.0,” National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 1999, 30 June 2004.)
Extenuating circumstances that may include, but are not limited to: illness, death/bereavement of parent/guardian or sibling, university closures, breaks between semesters due to activities such as study abroad, and failure to meet composition requirements for the hearing body. Note: a change in employment/work schedule or pre-scheduled medical appointment does not constitute an extenuating circumstance.
Harassment includes but is not limited to:
Attempting or threatening to subject another person to unwanted physical contact.
Stalking any person by any means including physical, electronic, written or telephonic means.
Persistent, pervasive, or severe bullying behaviors such as theft or destruction of personal property, public humiliation, intimidating or threatening behaviors by any means including verbal, written, telephonic, or through social media/internet usage.
Directing obscene language or gestures at another person or group of people in a threatening manner.
Bias-Related harassment based on race, color, age, religion, or national origin, disability, sexual orientation, gender identity or other protected characteristics that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities.
A formal meeting during which an accused student/respondent and/or complainant/reporting party has a right to hear all information, to present information, and to present witnesses related to pending charges. Hearings are conducted by trained faculty, staff, and/or students.
A written letter provided by a the accused student/respondent or complainant/reporting party during a Title IX hearing panel. The impact statement describes the physical, emotional, social, and educational effects upon the involved individuals.
An individual meeting with a campus official during which an accused student has access to any written reports containing information used for the disciplinary action. Depending on choices made by the accused student, the Initial Conference may result in a resolution of the charges. Alternatively, the accused student may choose to have the charges resolved by either an Administrative Hearing or Committee Hearing.
To fill with fear. To coerce, inhibit, or discourage by or with threats. (The American Heritage Dictionary, 3rd ed. (New York, NY: Dell, 1994) 439-440.)
A formal directive issued by the college requiring parties in any interpersonal conflict to have no direct or indirect interaction. A No Contact Order remains in effect until it is officially removed in writing by the college. This order differs from a court imposed restraining order and doesn’t address distance between two or more individuals.
Information contained in a student’s educational record is protected by the Family Educational Rights and Privacy Act of 1974 (FERPA). In general, FERPA guarantees privacy of records for all students. FERPA assures that only individuals at any college who have a “legitimate educational need to know” may access a student’s record. (The full college policy on FERPA is available under College Policies.)
Rape is a crime which is a form of criminal sexual assault. Every state has its own definitions of rape (please see criminal sexual assault). For a definition of New York State law, please see NYS penal law article 130. In general, rape is actual or attempted penetration accomplished by threats, coercion, or physical force. It includes nonconsensual vaginal, anal, or oral penetration by penis, finger, or any object. In the following circumstances, actual or attempted penetration is rape, because under NYS law, it is impossible for the following to give consent: individuals who are under the influence of alcohol or other controlled substances; who are physically helpless (including sleeping); who are under the age of 17; who are mentally incapacitated; and/or who are mentally disabled. Men and women, irrespective of sexual orientation, may be either perpetrators or victims. (Tapestri, Inc., “Sexual Assault: What is Rape,” 30 June 2004)
Sex discrimination includes all forms of sexual harassment, sexual assault, and other sexual violence by employees, students, or third parties against employees, students, or third parties. Students, employees, and third parties are prohibited from harassing others whether or not the harassment occurs on the SUNY campus or whether it occurs during work hours. Sex discrimination can be carried out by other students, college employees, or third parties. All acts of sex discrimination, including sexual harassment and sexual violence, are prohibited by Title IX.
Sexual assault is defined as a physical sexual act or acts committed against another person without consent. Sexual assault is an extreme form of sexual harassment. Sexual assault includes what is commonly known as “rape” (including what is commonly called “date rape” and “acquaintance rape”), fondling, statutory rape and incest. For statutory rape, the age of consent in New York State is 17 years old.
Sexual coercion is the act of using pressure, alcohol, or drugs, or force to have sexual contact with someone without their consent; tactics of post-refusal sexual persistence, defined as persistent attempts to have sexual contact with someone who has already refused.
Non-consensual sexual behavior that does not otherwise constitute sexual assault. Examples include but are not limited to: electronic or other means of disseminating, publishing, and/or taking still or video image(s) of unclothed or exposed intimate part(s) of another person, and/or of person(s) engaging in sexual conduct without their consent.
As defined by New York State Educational Law Article129-B: Sexual harassment is defined as unwelcome, gender-based verbal, nonverbal, or physical conduct that is sexual in nature and sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the University’s educational program and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation.
As defined by Title IX- Final Rule § 106.30:
(i) An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); (ii) Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity; or (iii)Sexual assault (as defined in the Clery Act), or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).
Sexual violence is defined as physical sexual acts perpetrated without the person’s consent or perpetrated when a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Stalking is defined as non-consensual communication with, and/or harassment of another person.(Campus Violence Prevention Resource Guides: Judicial Affairs Representatives, (California Coalition Against Sexual Assault, 2003). ) It is the willful, malicious and repeated harassing or threatening of another person which, as a pattern, tends to escalate in both intensity and frequency over time and can last for many years.( J.R. Meloy and S. Gothard, “A demographic and clinical comparison of obsessional followers and offenders with mental disorders,” American Journal of Psychiatry, 1995: 152, 258-263. ) Stalking includes a direct or implied threat, and victims often report fear for their safety.(Are you Being Stalked (Stalking Resource Center, 2004), 30 June 2004 .) Stalking is about power and control. Stalkers control the time, type, amount, and place of contact.(D.M. Hall, “The victims of stalking,” The Psychology of Stalking: Clinical and Forensic Perspectives, ed. JR Meloy (San Diego: Academic Press, 1998) 113-137. ) No matter what the motivation for stalking, the unwanted behaviors are the same and may include, but are not limited to: repeated following, repeated telephone calls and hang-ups; letters; unwanted gifts and packages; spreading harmful gossip about victims; breaking-and-entering that can include vandalism, theft, or even simply rearranging objects so that victims know the stalker was there. Stalkers may also enlist their friends or associates to help them stalk or have their associates speak with friends of the victim to obtain information.( Levitz-Spirtz, “Stalking: Terrorism at our Doors – How Social Workers Can Help Victims Fight Back,” Social Work, Oct. 2003, 58(4): 504. )
To express an intention to inflict pain, injury, or harm. (The American Heritage Dictionary, 3rd ed. (New York, NY: Dell, 1994) 840.)
Disciplinary Sanctions
A disciplinary reprimand is a written notification to the student that their behavior is unacceptable in the college community and that repetition of that behavior will result in further and more serious disciplinary action.
Restitution requires the student to pay for all direct and indirect costs of damages. No amount beyond that, for example as a fine, may be assigned. The amount of restitution, the due date, and the office receiving the payment will be explained to the student through an initial conference, hearing, or appeal finding letter. The student should provide a copy of their paid receipt to the Office of Community Standards by the due date.
Privileges within the college community may be revoked for a specified period of time, as long as they are consistent with the nature of the offense and the education of the student. Loss of of guest privileges, party registration, etc. are assigned through a specific date and explained to the student through an initial conference, hearing, or appeal finding letter.
The student is required to complete an online module(s) on the Judicial Educator website. The student will be provided the name of the educational module(s) that they are assigned. The modules are designed to help students learn from their experience and to help them form better choices in the future. It will take about 20 to 30 minutes to complete. The student must complete the module(s) no later than the assigned due date and provide documentation of its completion to the Office of Community Standards. The instructions are enclosed with their disciplinary outcome letter.
The student must attend, participate, and successfully complete a fire safety education class with the Environmental Health and Safety Officer. The class will be conducted by the Environment Health and Safety Officer. The student is responsible for scheduling the class by the assigned due date.
The student must schedule and attend an appointment for Substance Screening and Education. The student must comply with any resulting appointment(s) as determined by Behavioral Health Services. All appointments take place in Behavioral Health Services located in Fort Awesome or alternate location (i.e. via Zoom).
The student must schedule and attend an appointment for Substance Assessment. The student must comply with any resulting appointment(s) as determined by Behavioral Health Services. If this is in conjunction with a suspension, the student must complete their Substance Assessment and comply with any resulting appointment(s) prior to return to the College. All appointments take place in Behavioral Health Services located in Fort Awesome or alternate location (i.e. via Zoom).
This sanction informs students that the standards necessary for community living have been seriously violated, and that future violations of college policy may result in residence suspension, suspension, or expulsion from the college. This sanction may limit student participation in other college activities or programs as determined by individual college units (e.g. Resident Assistants, Orientation leaders, etc.).
This sanction is assigned for a definite period of time during which the student may be required to fulfill specified conditions or obligations, with the understanding that failure to meet the requirement of the probation or further infraction of college policy may result in more severe sanctions, including suspension or expulsion from the college. Individuals on disciplinary probation are not eligible to hold office in any student group or organization; are not eligible for certain employment positions on campus; and are not eligible to participate in study abroad programs. This sanction may limit student participation in other college activities or programs as determined by individual college units. Additionally, students who are simultaneously on academic and disciplinary probation are not eligible for campus housing.
This sanction separates the student from the residence areas for a specified period of time ranging from a portion or all of a given semester to a full calendar year, and is automatically accompanied by the assignment of a Residence Area Persona Non Grata status. The student may not at any time or for any purpose be present in the residence areas (including interiors and surrounding areas of Residence Halls, the Dining Hall, Apartment Complexes, residence area parking lots, and college housing at off campus locations) of the State University of New York at Purchase. Please note this does not include non-residential classroom and retail space on the first floor of Fort Awesome. No invitation from any person supersedes the Persona Non Grata status. If the student is found in the residence areas after receipt of this letter they are subject to arrest for criminal trespass. If students have complied with all sanctions associated with their residential separation, they may contact the Office of Community Standards requesting to pay their housing deposit for the semester they plan to return. However, failure to comply with any ongoing or additional sanction that is due after an approved payment of deposit will result in the student being withdrawn from housing. If the student does not return to Purchase College housing, the residence area Persona Non Grata status will remain in effect until such time as it is formally lifted in writing by the college. The student must vacate their current residence by the assigned date and time and their Persona Non Grata status will take effect at that time.
This sanction separates a student from the college for a specified period of time ranging from a portion or all of a given semester to a full calendar year, and is automatically accompanied by the assignment of a Persona Non Grata status. The student may not at any time for any purpose, be present on the campus of Purchase College, State University of New York, or be present at any college sponsored event on or off campus. No invitation from any person supersedes the Persona Non Grata status. If the student is found on the campus or at a sponsored event, they are subject to arrest for criminal trespass. If students have complied with all sanctions associated with the separation, they may contact the Office of Community Standards prior to the end of the suspension date requesting to register for classes and pay their housing deposit for the semester they plan to return. However, failure to comply with any ongoing or additional sanction that is due after an approved registration or payment of deposit will result in the student being withdrawn from classes and housing. If the student does not return to Purchase College, the Persona Non Grata status will remain in effect until such time as it is formally lifted in writing by the college. Conditions for return to the college, if any, will be outlined at the time of suspension. The student must vacate the campus by the assigned date and time and their Persona Non Grata status will take effect at that time.
Expulsion is the permanent separation of the student from the college. It is reserved for the most serious offenses against the college, and is automatically accompanied by the assignment of a Persona Non Grata status. The student may not at any time for any purpose, be present on the campus of Purchase College, State University of New York, or be present at any college sponsored event on or off campus. No invitation from any person supersedes the Persona Non Grata status. If the student is found on the campus or at a sponsored event, they are subject to arrest for criminal trespass. The student must vacate the campus by the assigned date and time and their Persona Non Grata status will take effect at that time.