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I. Student Conduct Code

The College views its students as adults and assumes they will act with requisite maturity and responsibility.

A. The College prohibits any conduct on College property that is not in conformity with federal law, New York state law, or local ordinances and regulations. In general, any conduct which infringes upon the rights of others or, which adversely affects the academic or administrative activities of the College is prohibited. It should also be noted that, in addition to being subject to any internal actions that the College may initiate, any alleged violator shall also be subject to the same procedures and consequences before law as if the alleged conduct had occurred off College property.

The College reserves the right to proceed in response to actions committed other than on College property, including during study abroad programs, provided that the conduct relates to the security of the persons and property of the College, of the College community, the integrity of the educational process, the good name of the College, demonstrates disregard for the rights of others, or the discipline or general welfare of the College.

It is not intended that the actions described below constitute a complete enumeration of all conduct which may be subject to disciplinary procedures. The Student Conduct Code shall apply to a student's conduct even if the student withdraws from school which a disciplinary matter is pending. When a student is expelled or suspended, in connection with the courses in which he/she in enrolled, "W" grades will be given. Ignorance of these standards will not be considered a valid excuse or defense.

Students may be disciplined for any conduct that includes, but is not limited to the following:

Acts of Misconduct (1-10)

1. Conduct which is prohibited by any federal, state, local law, ordinance, and/or regulation.

2. Academic dishonesty, including cheating, plagiarism and/or the aiding and abetting of a dishonest act. The vice president for student development will make a referral to the appropriate academic department or the vice president for academic affairs for adjudication.

3. Knowingly furnish false information to the College; unauthorized alteration and/or use of College or student documents, information, records, and instruments of identification, such as a student identification card or a key/access card to campus buildings.

4. Knowingly giving false testimony as a complainant, witness, or accused person in any proceeding conducted under the student conduct procedures of the College as described in Section IV of this code.

5. Any action which endangers a student, the College community, or interferes with or disrupts the academic process.

6. Unauthorized taking or possession of College property or services, or the property or services belonging to others.

7. Unauthorized use of College property or the College name.

8. Actions which obstruct, disrupt, or physically interfere with the use of the College premises, buildings, rooms, or passages, or refusal to vacate a building, roadway, sidewalk, or other facility of the College when directed to do so by an authorized official of the College.

9. Use of, or threatened use of, physical force or violence; endangering the health or safety of any person; acting with violence, or aiding, abetting, encouraging, or participating in a riot, commotion, disturbance, or other disorderly conduct.

10. Failure to comply with direction of the College officials and authorized agents acting in performance of their duties.

Acts of Misconduct (11-20)

11. Engaging in abusive, disrespectful, or harassing behavior during an investigation by College officials.

12. Misuse of fire control or alarm equipment or initiation of a report, alarm, or warning of an impending bombing, fire, or other crime, emergency, or catastrophe, knowing that such report, alarm, or warning is false.

13. Possession, storage, or use of a firearm, deadly weapon, dangerous or potentially dangerous instruments, or ammunition on College property.

14. Possession, storage or use of illegal fireworks, incendiary devices, explosives, candles, halogen lamps, or other dangerous articles or substances.

15. Possession, use, distribution (including the giving away), or being in the presence of illegal drugs, significantly mind altering substances, controlled substances which are prohibited by law and/or paraphernalia. Use and/or being in the presence of illegal drugs and/or controlled substances may be inferred by the presence of substance odor.

16. Damage to or destruction of College property or property on College premises that belongs to others.

17. Physical or verbal abuse or harassment of any person on College premises, or any person affiliated with the College, at any location (including messages or materials transmitted electronically), or at events sponsored and supervised by the College, or in which a College-sponsored organization is participating, including a violation of the harassment and discrimination policies of the College. (See 18 below).

18. Sexual misconduct: This includes all forms of sexual misconduct, including sexual harassment, sexual exploitation, and any form of unwanted sexual contact.

Sexual harassment is verbal or physical conduct of a sexual nature when:

  • Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or academic status, or
  • Submission to or rejection of such conduct is used as the basis for employment or academic decisions, or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic experience or performance, or living environment, or
  • Such conduct is sufficiently severe or pervasive that it creates an intimidating, hostile, or offensive working, educational, or living environment.

Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute another form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, prostitution, non-consensual video or audio-taping or electronic transmission of sexual or other private activity, exceeding the boundaries of consent (e.g., permitting others to hide in a closet and observe consensual sexual activity, videotaping of a person using a bathroom, posting on the internet a sexually explicit photograph of a former partner), engaging in voyeurism, or engaging in consensual sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of such infection.

“Unwanted sexual contact” means any sexual contact (including sexual touching, disrobing, exposure, and sexual intercourse, however slight, with any object, by a man or woman upon a man or woman) against a person’s wishes or without consent, including those instances in which the individual is unable to give consent because of unconsciousness, being asleep, impairment, or intoxication due to alcohol or drugs. Date or acquaintance rape is a serious form of sexual misconduct. Individuals found responsible for serious sexual misconduct violations, including conduct which would rise to the level of criminal sexual assault and rape, should expect to be separated from the College.

Consent is defined as an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. The lack of a negative response is not consent. An individual who is intoxicated or incapacitated by drug and/or alcohol both voluntarily or involuntary, unconscious, asleep, or impaired may not give consent. Past consent of sexual activity does not imply future consent. Consent is not effective if it results from the use of threats, intimidation, or coercion. Consent requires all of the following conditions:

  • All parties are fully conscious;
  • All parties are equally free to act; and
  • All parties have positively and clearly communicated their intent.

Simultaneous violations: Sometimes sexual misconduct occurs when alcohol or other drugs are involved. If the victim of a sexual assault is under the legal drinking age or under the influence of another drug, s/he should not be concerned that if s/he comes forward that s/he will be “in trouble” for the violation. With few exceptions, simultaneous less serious violations by a victim will not be a focus of student conduct proceedings.

The College’s policy regarding sexual misconduct and procedures to adjudicate complaints
of sexual misconduct can be found at naz.edu/student-conduct. Copies can be obtained at the following locations: office of vice president for student development or the office of associate vice president for human resources.

19. Any action or the causing of a situation which endangers the mental or physical health of any person, or has as its object the intimidation or coercion of any person, including the forced consumption of any substance for the purpose of initiation into or affiliation with any organization.

20. Violation of the Nazareth College alcohol policy as stated in this handbook.

Acts of Misconduct (21-30)

21. Violation of the hazing policy as stated in this handbook.

22. Violation of residence hall rules, by residents or visitors, as set forth by the office of residential life, the residence hall contracts, and Guidelines for Residential Living.

23. Violation of the parking and traffic rules and the fire safety rules set forth by the campus safety department.

24. Violation of electronic communications expectations. All faculty, staff, and students are provided a Nazareth College email account (@naz.edu), which is one of the College’s official methods of communicating important and time-sensitive information. All are expected to check the mail sent to this account on a frequent and consistent basis, and to respond to official communications from the Nazareth College community in a timely manner. All are responsible for monitoring this account and for consequences of missing important and time sensitive messages.

25. Failure to present a student identification card, or presentation of false identification, upon request by a College official or agent.

26. Violation of the stalking policy as stated in this handbook. Stalking occurs when a person engages in a course of conduct directed at a specific individual that is likely to cause such individual to have a reasonable fear of harm to his or her physical or emotional health, safety, or property. Under the College’s policies, such conduct may include, but is not limited to, repeatedly engaging in contact or communication (including, but not limited to, face-to-face communication, telephone calls or messages, electronic mail, written letters, unwanted gifts, or threatening or obscene gestures), surveillance, following, trespassing, or vandalism.

27. Retaliation: Retaliation against a person(s) for filing a complaint, cooperating with investigators and/or College officials, for supporting a party to the complaint, or against witnesses for providing testimony (during an investigation, hearing, etc.). Retaliation is any action taken in consequence or retribution for making a complaint or participating in a complaint and will not be tolerated.

28. Violation of the rules and regulations governing recognized student organizations as stated by the director of student activities and/or the Undergraduate Association of the College.

29. Failure to comply with the Nazareth College student conduct process. Abuse of this process includes, but is not limited to:

  • Failure to respond to a meeting notification to appear before a student conduct body or College official;
  • Falsification, distortion, or misrepresentation of information or charges before a student conduct body, officer, or College official;
  • Disruption or interferences with the orderly conduct of a student conduct proceeding, including attempting to discourage an individual’s proper participation in or use of the student conduct process;
  • Attempting to influence the impartiality of a member of a student conduct body prior to and/or during the course of a student conduct proceeding; and
  • Failure to comply with the sanction(s) or condition(s) imposed by a student conduct body,
    officer, or College official. Students facing this specific charge (i.e., failure to complete or to adhere successfully to a sanction imposed by the College’s disciplinary process) do not have the right to a hearing or an appeal.

30. Driving on College property while under the influence of alcohol or drugs is a violation of the Student Conduct Code and may result in referral to a law enforcement agency for further investigation and disposition.

B. The scope of discipline sanction which may be imposed on students is as follows; oral admonition, administrative warning, community restoration, loss of campus privileges, fine, restitution, withholding degree, revocation of admission and/or degree, residence hall probation, loss of housing contract, disciplinary probation, disciplinary probation with deferred removal from housing, deferred suspension, sexual assault sanctions, suspension, and expulsion. Conditions may apply to sanction. In addition, academic misconduct may result in an academic sanction. The College reserves the right, depending on the severity of the conduct, to impose a more serious sanction regardless of the number of offenses.

C. The process for imposing disciplinary actions shall be designed to accord students substantive and procedural fairness as outlined in the Student Conduct Code. The College Student Conduct procedures are described in Section IV of this code. Students will be presumed not responsible unless proven otherwise by a preponderance of the evidence.

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