Student conduct


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Student conduct

  1. 1. ErieCommunityCollegeErieCommunityCollege StudentRightsandResponsibilitiesStudentRightsandResponsibilities (StudentCodeofConduct)(StudentCodeofConduct)
  2. 2. Sample Welcome From the President Greetings from the President of Erie Community College Dear Students in Erie Community College: The Handbook for Students is designed to orient you in the sometimes overwhelmingly rich academic and social world of Erie Community College. It is meant to be a kind of user’s manual for the College, giving you an overview of the options available to you and the resources that can help you make good choices. We believe your undergraduate experience will be more enjoyable and rewarding if you take the time to read through this book. A quick scan of the Handbook will show you what types of information it contains. The book can be your guide to academic requirements, our residential system, and the many activities that take place outside the classroom. Importantly, it clarifies the standards that should inform your conduct within the College. It sets forth the academic and disciplinary rules that apply to everyone in our community. It also sketches the broad outlines of the concentrations and secondary fields offered by the College. As you read this Handbook, I hope you will think about the range of possibilities it suggests. You have entered a period of tremendous growth and change in your life, years when you will form lasting friendships, discover absorbing interests, and take great steps toward becoming the person you hope to be. You will get the most out of spending these years at Erie Community College by venturing far beyond your “comfort zones.” Take classes in areas about which you know nothing; a subject you haven’t yet considered might become the passion of your adult life. Participate in activities you have never tried. Perhaps most important of all, reach past the culture in which you grew up to get to know people from very different backgrounds. Your fellow students and the rest of the Erie Community College community are staggeringly diverse; the whole world is here. It takes courage to reach out to people unlike yourself, but you will find that the effort is supremely worth your while. Life at the College, as anywhere, can be confusing. Remember that there are always people standing by to help you think through choices, both academic and otherwise. Seek out advisers you like and trust, and never be afraid to ask for some of their time. Everyone at the College wants you to thrive here. If you read this Handbook carefully, and use it to find the support you need, you will be well on your way. I look forward to meeting many of you at functions formal and informal. Please feel free to come to my office hours to discuss any issues of concern to you, or just to get acquainted. We are all privileged to be members of one of the world’s most exciting communities. If there is anything the administration can do to enable you better to negotiate the complicated environment of the College, or simply to help you feel welcome and at home here, I hope you will let me know. I wish you a happy, healthy, and fruitful year. Jack Quinn President of Erie Community College
  3. 3. Student Code of Conduct I. Purpose II. Authority III. Proscribed Misconduct a. Jurisdiction of the College b. Definitions IV. Standards of Conduct a. Physical Violence b. Honesty c. Sexual Assault & Other Sexual Misconduct d. Drugs & Alcohol e. Student Business Activity f. Other Regulations g. Regulations concerning the use of university resources i.) Libraries & Library Books ii.) Use of computers & networks iii.) Use of facilities iv.) Privacy of Information v.) Electronic Communication vi.) Intellectual Property & Copyrighted Materials vii.) Erie Community College Identification Cards h. Fire Regulations i. Threats j. Firearms & Explosives k. Betting & Gambling l. Hazing m.Examples of Unacceptable Behaviors
  4. 4. General Regulations Standards of Conduct in Erie Community The rules and regulations affecting undergraduates have been established by the _________________. Students are expected to be familiar with those regulations covered in this Handbook that apply to them. The rules of Erie Community College provide a framework within which all students are free to pursue their work, under the safest and most equitable conditions the College can create. These rules, then, serve as the guidelines forming the protection of each individual’s well-being. Whenever violations of the rules occur, the College will treat them as matters of serious concern because they disrupt the individual lives of students, and the shared life of this community. It is the expectation of the College that all students, whether or not they are on campus or are currently enrolled as degree candidates, will behave in a mature and responsible manner. This expectation for mature and responsible conduct also encompasses accountability for one’s own well-being, including responsible decision-making regarding physical and mental health. Further, the College expects every student to be familiar with the regulations governing membership in the College community, set forth in the pages that follow. Because students are expected to show good judgment and use common sense at all times, not all kinds of misconduct or behavioral standards are codified here. The College takes all these diverse principles very seriously; together they create a foundation for the responsible, respectful society that Erie Community College seeks to foster among its students, faculty, and staff. Careful note should be taken that the College is not, and cannot be considered as, a protector or sanctuary from the existing laws of the city, state, or federal government.
  5. 5. Conduct Within the Community Conduct Within the Community a. -Physical Violence b. Honesty c. Sexual Assault & Other Sexual Misconduct d. Drugs & Alcohol e. Student Business Activity f. Other Regulations g. Regulations concerning the use of university resources -Libraries & Library Books -Use of computers & networks -Use of facilities -Privacy of Information -Electronic Communication -Intellectual Property & Copyrighted Materials -Erie Community College Identification Cards 8. Fire Regulations 9. Threats 10. Firearms & Explosives 11. Betting & Gambling
  6. 6. Section 130.52 - Forcible Touching. This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail. Section 130.55/.60/.65 – Sexual Abuse. This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years. Section 130.65-a/.66/.67/.70 –Aggravated Sexual Abuse. This series of offenses occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years. Sexual Assault and the Law Monroe Community College has programs in place to protect all members of the campus community from sexual assault, including programs for prevention and prosecution of those crimes that occur within the jurisdiction of Monroe Community College Public Safety.NYS Law contains the following legal provisions defining the crimes related to sexual assault: Section 130.20 – Sexual Misconduct. This offense includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year. Section 130.25/.30/.35 – Rape. This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes sexual intercourse with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years. Section 130.40/.45/.50 – Criminal Sexual Act. This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.
  7. 7. If you are sexually or otherwise assaulted on campus: • Get to a safe place as soon as you can. • Try to preserve all physical evidence; do not bathe, douche, or change your clothes. • Contact MCC Public Safety immediately (call 2911 in an emergency, or use a Blue Light or other campus emergency phone). Remember, assaults – sexual or otherwise – are crimes; they are not the victims’ fault. Victims have the right to pursue adjudication of crimes that occur on the campus through criminal courts and/or through the College’s internal disciplinary process (under the College Code of Conduct). Campus Public Safety are trained to assist with prosecution in both systems. Disciplinary Action Where there is probable cause to believe the college’s regulations prohibiting sexual misconduct have been violated, the college will pursue strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the college. An individual charged with any sexual offense will be subject to college disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending. The college will make every effort to be responsive and sensitive to the victims of these serious crimes. Protection of the victim and prevention of continued trauma is the college’s priority. When the victim and the accused live in the same residence hall, an immediate hearing with the College Judicial Officer will be held to determine the need for modifying the living arrangements. Assistance for any other personal or academic concerns will be reviewed and options provided.
  8. 8. During the disciplinary process, the victim’s rights are: • To have a person or persons of the victim’s choice accompany the victim throughout the disciplinary hearing. • To remain present during the entire proceeding. • As established in state criminal codes,to be assured that his/her irrelevant past sexual history will not be discussed during the hearing. • To make a “victim impact statement” and to suggest an appropriate penalty if the accused is found in violation of the code. • To be informed immediately of the outcome of the hearing. • During the disciplinary process, the rights of the “accused” are as described under the -Due Process Procedure of the College Judicial System Information and Support If you are the victim of sexual assault or sexual misconduct, you may seek support services as well as the assistance described above. Free and confidential counseling is available through the Rape Crisis Service 24/7 by calling (716) 834-3131.For additional information and a list of Campus and other community support resources, contact the Department of Public Safety at (716) 851-1133
  9. 9. Educational Programs Educational programs to promote awareness of rape, acquaintance rape, and sex offenses are presented to the campus community. Campus Public Safety and Student Development staff provides programs for the college community and in the Residence Halls. Sexual Assault Safety & Security After responsibility has been assigned through investigation, all perpetrators of sexual assault (including acquaintance rape) will be aggressively sanctioned. The College will work in close cooperation with local law enforcement agencies to address this serious criminal activity. When reported, Daemen College will thoroughly investigate this violation of individuals' rights and safety. In addition, the College may terminate the enrollment and/or employment of any perpetrator of sexual assault, including summarily suspending the violator to protect the College community. Specific procedural steps to take if sexually assaulted. You Should Immediately 1) Get to a safe place. 2. report the incident to Security and Amherst to report the incident to public safety and the Buffalo Police. 3) Call a friend and/or CRISIS SERVICES at 834-3131 or call another support agency or office. 4) Go to the Emergency Room for an examination, immediate medical attention, and for the collection of physical evidence. Do not shower or change clothes if at all possible prior to examination. Do take a change of clothes to the medical examination location. 5) Be examined for pregnancy, sexual disease, and physical or psychological injuries. Reluctance or unwillingness to make a complete report to the police will make it impossible for either the police or the College to take appropriate action or safety measures; this includes reporting the dangers to the College community. Victim Support It is very important to seek help for any sexual assault and/or attempts of sexual assault(including "ACQUAINTANCE RAPE/DATE RAPE") from any of the following: SUPPORT AGENCIES AND COLLEGE OFFICES: PHONE Crisis Services - Victims advocate program 716-834-3131 Crime Victims Board 716-847-7992 ENFORCEMENT AGENCIES AND COLLEGE OFFICES: Amherst Police/Buffalo Police 911 Erie County Sheriff/Dept. of Family Offenses 716-858-6102 Erie County District Attorney/CARR Unit 716-858-2525 Campus Security or Director of Security (716) 851-1133 (or “0” from campus phone)
  10. 10. ECC Policy Concerns Sexual Assaults Erie Community College Erie Community College does not condone any form of sexual assault committed by any member of the College Community. Sexual assaults are crimes of violence, and men and women of the campus community who commit these crimes are subject to serve sanctions pursuant to the Penal Law of the State of New York as well as through the campus judicial system of College Policy and Procedures as established through the collective bargaining agreements, Board of Trustees Policy and/or the Student Code of Conduct. Internal sanctions may include suspension or expulsion of students, required leave, or termination of employment. Definition: Sexual assault is forced sexual acts or any sexual contact against one’s will as defined in Penal Law S130.00(3). Procedure: Reporting—Sexual assault incidents shall be reported to Campus Security, which in turn is required to report such incidents to law enforcement agencies. When the victim reports the incident, the Victim Assistance Support Team shall be contacted immediately. This team will consist of the College nurse, a counselor, a victim advocate and a representative of Campus Security. The team is to make available immediate medical and psychological treatment for the victim. This team will also advise the victim about his/her rights to initiate judicial proceedings on campus, as well as the right to utilize law enforcement agencies. Off College Owned or Controlled Property—If the assault occurs off College owned or controlled property and the alleged perpetrator is a member of the College Community, the College may invoke established procedures as deemed necessary to protect the institution and those affiliated members. Confidentiality—All reports of sexual assault will be kept confidential and anonymity of all parties will be maintained to the extent possible. The names of the involved parties will only be available during the investigation and hearing to those with a “need to know.” Those with a “need to know” may include: the alleged victim, the alleged accused, the members of the Victim Assistance Support Team, the hearing officer and counsel for all parties including the College. Action— If the accused is a student, the procedures detailed in the Student Code of Conduct shall be followed. If the accused is an employee of the College and/or College Association, the procedures detailed in the respective contractual agreement and/or according to terms or conditions of employment shall be utilized. All documents related to the incidents will be kept on file as required by the State of New York. False Accusations: False accusations of sexual assault are a serious matter and the accuser may be subject to disciplinary action according to the provisions of the appropriate contract or the Student Code of Conduct as will as the Penal Law of the State of New York. Communication of Incident: The need for notification of the College Community will be determined by the College President and the Director of Security based on the specific situation and safety of College personnel. In no case will the College release the names of involved parties. Any communication, both internal and external, will be coordinated by Public Relations and the Office of the President.