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The College of Saint Rose
432 Western Avenue
Albany New York 12203
1-800-637-8556
 

Security Report

This report is intended to inform all students, faculty and staff about the College’s Security and related policies and of the ways to report crimes and other incidents on-campus and off-campus. This report is being compiled in accordance with the Federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) of 1998. The College of Saint Rose has one of the best safety records of colleges of its size in New York state and, together, we can maintain a safe and secure campus environment.

Statistical Reporting | Policies | Sexual Assault Policy | Freedom from Harassment Policy

REQUIRED POLICY DISCLOSURES

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Current campus policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution’s protocol for responding to such reports.

The primary function of Campus Security is to insure the safety and security of the campus community. The Campus Security Office is located in the lobby of Lima Hall at 366 Western Avenue and is staffed 24 hours a day, seven days a week. The College community is encouraged to report all crimes, emergencies, accidents/injuries and unusual occurrences to Campus Security immediately with the absolute assurance that the appropriate authorities will be notified when necessary. Incidents in residence halls can also be reported by contacting a Resident Assistant or Resident Director; incidents involving students can be reported by contacting the Office of Student Affairs; and incidents involving employees can be reported to Human Resources. Criminal incidents or emergencies may also be reported directly to the Albany Fire Department or the Albany Police Department. When a criminal act or emergency is reported to Campus Security or the Residence Life Office, the appropriate law enforcement or emergency agency is notified and immediate action is taken. The College requires that all accidents or unusual occurrences on-campus be reported to Campus Security, as the Campus Security office maintains Accident/Injury Reports and utilizes these records to develop strategies to reduce crime and unsafe conditions on-campus. Accident/Injury Reports are reviewed regularly by the Campus Safety Committee and Crime/Incident Reports are reviewed regularly by the Security Advisory Committee.

Security Advisory Committee
A committee comprised of administrators, faculty, staff and student representatives that regularly examines policy and procedures and makes recommendations to the President of the College in effort to maintain the safest campus environment possible.

Sex Offender Information
The State of New York requires sex offenders to be listed in the Sex Offenders Registry. The State makes this information available to law enforcement agencies in the jurisdiction in which they reside. This information is available to the public at the local police department. For information on sex offenders in Albany contact the Albany Police Department at 438-4000 or visit www.apdonline.org/police/pages/sex-offenders/sexoff1.htm.

Campus Security is located in the lobby of Lima Hall. Members of the College community are encouraged to physically go to the Security Office at any time to speak to a member of the security staff. When you contact Campus Security from any on-campus phone, the number from which the call originates is immediately displayed on a display phone so that the origin of the call can be determined.

IMPORTANT CONTACT INFORMATION FOR REPORTING A CRIME OR EMERGECY
You may also call the following numbers in the event of a crime or emergency. The College offices listed below can be contacted from on-campus simply by dialing the four-digit extension.

Victims or witnesses to crimes may report incidents on a confidential basis, at the reporter's request, directly to the following College administrators: Director of Safety and Security, Asst. Director of Safety and Security, Vice President for Student Affairs, Assoc. Dean of Students, and Director of Residence Life. The information contained in these reports will be used for timely warnings and statistical purposes only.

All counseling through the Office of Counseling and Psychological Services as well as the Office of Spiritual Life is kept strictly confidential in accordance with established professional and legal guidelines and pastoral and professional counselors do not file incident reports. However, The College of Saint Rose encourages pastoral and professional counselors employed by the College, if and when the counselor deems it appropriate, to inform the person being counseled of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.

Crisis Management Team

When a situation is assessed and deemed to be a crisis by the Director of Security or is alternate, the Crisis Management Team, which is comprised of administrators from the College community, is called to assess the situation, design and implement a crisis plan of action. The Crisis Management Team reconvenes once the crisis is over to evaluate the process and a report is prepared for the President outlining the history, facts, analysis and recommendations as well as the location and contents of all files regarding the incident.

Timely Warnings and Crime Prevention Information

Crime prevention information is published in the school newspaper at various times throughout the year. However, when there is a situation of which the College community should be aware, emergency announcements (timely warnings) are posted on specially designated bulletin boards located throughout campus and resident students receive a copy of these timely warnings in their campus mailboxes. In addition, e-mail messages are sent to all College employees, including faculty and staff, through the College’s e-mail system.

Preparation of the Annual Security Report

The College of Saint Rose prepares the annual statistical disclosure report by including all applicable incidents reported to Campus Security and the Office of Student Affairs. In addition, all Judicial Reports from the Office of Student Affairs are forwarded to the Campus Security Office and are logged and stored on a computer database along with Incident Reports. Crime reports for incidents that occur on public property adjacent to the campus are obtained from the Albany Police Department.

Current campus policies concerning security and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities.

Campus Facilities

With the exception of residence halls, most College facilities are open to the public during the day and evening hours when classes are in session. During the times the College is officially closed, College buildings are locked and only faculty, staff and students with proper ID are admitted.

Selected campus facilities are protected by a series of intrusion and burglar alarms that are set and monitored by the Campus Security Office. In addition, card and key access systems are used to limit accessibility to certain facilities including all residence halls. The Campus Security Department is located in the lobby of Lima Hall and the security dispatcher monitors all visitors to the facility.

Campus Security Officers conduct 24-hour campus security patrols. During night rounds, doors of all buildings are checked regularly to determine if they are secure and any suspicious activity is investigated.

Each semester, a group of students and College administrators including the President and the Vice President for Finance and Administration, conduct inspections of exterior lighting, exterior doors and campus grounds to ensure that they meet the College’s rigorous safety standards. These reports are given to the Director of Security and, with the cooperation of the Director of Facilities, improvements and replacements are promptly made.

In addition, Campus Security responds to reports of potential safety and security hazards, such as broken windows and locks and members of the Saint Rose community are encouraged to report to Facilities and/or Campus Security any areas that they feel present a security risk, including individual offices and residence rooms.

Residence Facilities

All entrance/exit doors to residence halls are closed and locked at all times and access is limited to students and their guests. Resident Directors and Resident Assistants, who are College staff members, live in the residence halls and are on-call 24-hours-a-day. All Residence Life staff members undergo 60 hours of training each year, which includes security awareness and crime prevention. Part of their responsibility within the residence hall is diligently checking that all doors are locked and secure. Campus Security Officers only enter a residence hall if they are responding to a call for service or in the case of an emergency.

Students are advised to take responsibility for their own safety by not taking unnecessary risks. Propping doors open or leaving them unlocked violates the campus safety policy outlined in the student handbook and results in a judicial hearing. In addition, no person is allowed to sit in windows or on ledges, remove screens from windows or be on the roof of any campus building. If a safety or security risk exists, such as a broken lock or window, a student may request, via the work request form and/or through the Associate Director of Residence Life, that the repair/work be scheduled when he or she is present in the residence room.

A statement of current policies concerning campus law enforcement, including:

The enforcement authority of security personnel, including their working relationship with State and local police agencies; and The College of Saint Rose employs a professionally trained public safety force that provides 24 hour a day patrol protection to campus buildings, parking lots and residence halls. Officers are available to answer questions, provide safe escorts to parking lots, give directions and respond to calls for service. The penal law empowers Campus Security Officers with the responsibility of ensuring a safe, secure environment on-campus for all members of the campus community, as well as its guests and visitors and, as part of their regular duties, they must enforce regulations. Employees of The College of Saint Rose Safety and Security Office are non-sworn security officers licensed by the New York State Division of Licensing Services. Security personnel include officers who have successfully completed the New York State Crime Prevention Program as well as officers who have participated in an academy specifically developed to train security personnel in crime prevention strategies for college campuses. Many of the College's security officers have prior professional law enforcement experience (including having served on the Albany Police Department). The College provides ongoing pre-service and in-service training sessions for all officers. All Campus Security Officers are certified in CPR and trained in first aid.

The College’s Campus Security Office has a close relationship with the Albany Police Department and the University at Albany Police Department. Together, they provide programming on safety and crime prevention for students and staff and furnish the statistics on crimes committed within the neighborhood of the College. The Albany Police Department provides supplemental workshops for the College’s Resident Assistants in addition to the extensive safety and crime prevention training provided by the College. Also, the Saint Rose Director of Safety and Security receives from the Albany Police Department annual crime statistics for the neighborhood surrounding the College and has access to the City’s Sex Offenders Registry.

Programs designed to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others.

The College’s crime prevention programming is based upon the dual concept of minimizing criminal opportunities whenever possible and encouraging individuals to be responsible for their own security and the security of others. Numerous presentations are made throughout the year to various campus constituencies, including resident and commuter students, Resident Assistants, and employees of the College. In addition, any area department can request at any time that Campus Security present a safety and security program in their area. Programs are presented by the Director of Security and the Assistant Director of Security.

Campus safety, crime prevention and fire prevention programs for resident students are held in each residence hall at the beginning of each fall semester. These programs are mandatory and resident students must sign an attendance sheet. The programs are then held again in the spring semester and are mandatory for new students only. Fire drills are conducted in each residence hall at least once each semester.

Campus safety and crime prevention programs for commuter students are held in the main Commuter Lounge each semester during daytime and evening class hours, so the training reaches both full- and part-time undergraduate and graduate students.

Residence Life staff members undergo thorough safety and security awareness, crime prevention and fire prevention training provided by the Campus Security Office at least once each academic year. In addition, the Albany Police Department and the Albany Fire Department provide the College’s student Resident Assistants with supplemental programming in these areas.

All employees are required to attend a mandatory workshop on Sexual Assault/Harassment and also are required annually to sign a statement testifying that they have read and understand the College’s Freedom from Harassment Policy. In addition, employees may request that Campus Security give a presentation in their area about general or specific safety and security issues. In addition, Campus Security makes presentations at employee constituency meetings (i.e., the Faculty Representative Committee and the support staff constituency meetings).

A description of programs designed to inform students and employees about the prevention of crimes.

Campus Security makes students and employees aware of the availability of its services through articles and announcements in the student newspaper; and through flyers distributed through campus mail and by having a staffed information table in the Campus Center each semester. Campus Security crime prevention services include:

Escort Service: Security officers provide campus escorts 24 hours a day, seven days a week to students and employees upon request. Members of the campus community may also contact Campus Security from off-campus to arrange for an escort when they arrive at the College.

Emergency Blue Light Phone System: These phones are located on campus walkways and in parking lots. They can be used to contact Campus Security in an emergency situation or to request a security escort.

WhistleWatch Program: The Saint Rose Student Association sponsors this program in cooperation with Campus Security and the Albany Police Department. Whistles are available free of charge to all members of the Saint Rose community.

A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws and a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws and a description of any drug or alcohol abuse education programs as required under section 1145g of the Higher Education Act.

The College of Saint Rose prohibits the unlawful possession, use or distribution of alcohol and illicit drugs by students and employees on its property or as part of any of its activities. In compliance with federal, state and local laws, The College of Saint Rose adheres to the following policies:

New York State Law and Sanctions Governing Alcohol Include:

The use of alcoholic beverages is subject to the New York State Alcoholic Beverage Control Law and certain provisions of the New York Penal Law. It is important to understand these laws clearly, as they pertain to the possession, sale or serving of alcoholic beverages.

1. It is illegal for individuals under the age of 21 to possess alcoholic beverages. Underage drinkers are subject to a $50 fine.
2. An underage drinker who uses fraudulent identification is guilty of a violation punishable by a fine of up to $100 and community service of thirty hours. If the fraudulent identification is a New York state driver's license, the revocation of the license will be added to the above penalty.
3. No person may sell, deliver or give any alcoholic beverage to a person under the age of 21 (the law does not apply to the parent of a minor). Individuals violating this law are guilty of a "class B misdemeanor," and may be subject to a fine not exceeding $500 and a term of imprisonment not to exceed three months.
4. A person who misrepresents the age of a person under 21 for the purpose of inducing the sale of alcohol to the "underage" person is guilty of an offense and is subject to a fine of not more than $200 and imprisonment not to exceed five days, or both.
5. Any person who shall be injured in person, property, means of support or otherwise by reason of intoxicated person, or by reason of the intoxication of any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor to such intoxication; and any such person shall have the right to recover actual damages.
6. Any person who shall be injured in person, property, means of support or otherwise by reason of intoxication or impairment of any person under the age of 21 years old shall have a right of action against any person who knowingly causes such intoxication or impairment by unlawfully furnishing to or assisting in procuring alcohol for such a person with knowledge or cause to believe that such person was under the age of 21 years.
7. Any event or function at which alcoholic beverage(s) are being sold or, an admission fee or donation is charged or requested, requires a license from the state.

College Regulations for Alcohol Include:

1. College Policies
   1. Student and other College groups, including offices cannot serve alcoholic beverages at events at which students will be present without prior approval from the Associate Dean of Student Affairs. Alcohol beverage request forms should be completed a week prior to the event. Alcohol shall not be provided to individuals who are underage, appear to be intoxicated or under the influence of other psychoactive drugs.
   2. Individuals or groups having events in a facility covered by the NYS liquor license serving Saint Rose may not legally bring alcoholic beverages into those areas; therefore, such beverages must be ordered from Campus Dining.
   3. Students from other colleges living on the Saint Rose campus will also be responsible for these regulations.
   4. Saint Rose community members are responsible for the alcohol-related actions of their guests, including any related damage.
   5. Neither the advertisement nor emphasis of an event can promote alcoholic beverage(s) as the sole or main purpose of that event. In addition no specials for alcoholic beverages are allowed.
   6. Whenever an alcoholic beverage is served a non-alcoholic beverage and food must also be available.
   7. No member of the College community may possess an open container in common areas, such as the lawn, lounges, hallways, kitchens, etc.
   8. College staff may confiscate beverages and related materials that are in violation of College policies.
   9. Proofing is to be done at the entrance to the drinking area and only one alcoholic beverage is given to any one person.
2. Student Sponsored Events
   1. For student sponsored events a designated area for the serving and consumption of alcohol must be utilized. Only those of age with appropriate proof may enter the area and no one may take beverages out.
3. Proofing Policy
   1. Saint Rose identification cards are not valid for proof of age. Governmental proof, such as a driver's license, passport or original birth certificate is required.
   2. The Saint Rose identification is also necessary to identify you as a member of the College community since we have a NYS club license.

New York State Law and Sanctions Governing Illicit Drugs

Marijuana

Article 221 of the Penal Law of the State of New York is a special section of the law dealing with offenses involving marijuana. In total, there are 12 subsections that deal with the definition, possession and sale of marijuana. Possession of marijuana in any amount is illegal. Sale of marijuana will, at minimum, be considered a misdemeanor and, at maximum, will be considered a "class C felony," carrying with it a minimum jail sentence from five to 15 years. Keep in mind that being convicted under these statutes results in a permanent criminal record that may have a serious impact on a person's future educational or professional plans.

Controlled Substances

Section 220 of the Penal Law defines those drugs considered "Controlled Substances," including narcotic drugs, narcotic preparation, hallucinogens (LSD, "hallucinogenic mushrooms," etc.), stimulants, depressants and concentrated forms of cannabis. Individual statutes deal with the criminal possession or sale of these substances and are categorized as misdemeanors or felonies depending on the specific substance, the amount of the substance in question, or the circumstances surrounding the possession or sale of the substance. Possession or sale (or possession with intent to sell) of even a very small amount of some substances is considered a felonious offense and may result in a lengthy jail sentence. In fact, with the exception of "criminal possession of a controlled substance in the seventh degree," which is considered a misdemeanor; all other statutes in Section 220 of the Penal Law are felonies. In New York state, felonies are ranked from category A-1, the most serious, to category E, the least serious. First offenders convicted of a category A-1 felony are subject to a minimum sentence of from 15-25 years and a maximum of life imprisonment. At the other end of the scale, for the first offender, category E felony convictions carry with them a jail sentence of from one to three years, with a maximum of three to four years. First-degree criminal sale or possession of controlled substances is placed in the same category as first degree arson, first degree kidnapping, or first-or-second degree murder.

College Policy for Illicit Drugs

Students: Possessing, consuming, distributing or selling illicit drugs is prohibited. Being present where illegal drugs are being used, had been used, or were suspected of being used is prohibited. The odor of marijuana in corridors, lounges, public areas or student rooms will be treated as evidence of possession.

Employees: The College is committed to complying with the Drug Free Workplace Act, enacted by the federal government in 1988. Therefore, the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace is specifically prohibited.

Sanctions for Alcohol/Illicit Drug Violations

Students found in violation of the Colleges policies on alcohol and illicit drugs are subject to a hearing and possible disciplinary action. Sanctions will be assigned in accordance with the judicial procedures of the College and may include suspension or expulsion.

Employee violation of the Drug Free Workplace Act is a serious offense, which will lead to disciplinary action up to and including termination of employment. Any employee convicted of sale, use or possession of illegal drugs or non-prescription controlled substances on College property or for off-campus drug misconduct is required to notify the Human Resources Department within five days of conviction and may be terminated immediately.

On-going Programs

Drug and Alcohol Abuse Prevention Programming

The College of Saint Rose provides educational programming on drug and alcohol abuse prevention at freshmen orientation, ensuring that all incoming students are made aware of the ramifications of drug and alcohol abuse and also of the College’s policy regarding this issue.

Substance Abuse Prevention Program

The College has developed the Student/Employee Assistance Program (S/EAP) First Step. The goal of the program is to help you and, when necessary, your family to resolve issues which may have a negative impact on your job or school performance. It is a completely confidential and voluntary service designed for the use of employees and students at Saint Rose. First Step provides early identification, motivation, referral to treatment and follow-up of employees and students experiencing a deterioration of work and school performance. First Step can address such issues as alcoholism, alcohol/substance abuse, emotional problems, stress, depression and marital/family problems. Trained resource people at Saint Rose may be able to help you or they may refer you to a specialized professional agency. First Step is completely voluntary and confidential. While you may be responsible for charges for any services you receive at an outside agency, your medical insurance may cover part of those costs. There will be no charge for services at Saint Rose. Employees and students can receive First Step counseling through the Counseling and Psychological Services Center, which can be reached at 454-5200, as well as the Office of Campus Ministry, which can be reached at 454-5250.

Statistical Reporting | Policies | Sexual Assault Policy | Freedom from Harassment Policy

SUBSTANTIVE SEXUAL ASSAULT POLICY, PROCEDURAL, AND VICTIM’S RIGHTS PROVISIONS

In cooperation with the Security Advisory Committee, trained personnel provide members of the campus community with numerous presentations on rape awareness, prevention and reporting. Pursuant to federal law, students and employees will be educated and updated about security procedures, personal safety, crime prevention and sexual assaults in all ways that are necessary and appropriate to alert the College community. This may include posting appropriate flyers, placing articles in the student newspaper, classroom announcements and emergency meetings. Students and employees interested in learning more about sexual assault and/or harassment and prevention, are encouraged to contact Residence Life, Campus Ministry, Counseling and Psychological Services, Student Affairs, Campus Security or Human Resources.

Sex Offenses

Forcing or coercing someone to have sexual intercourse or to engage in other sexual contact is prohibited. This includes:

Sexual Assault - When a person engages in sexual intercourse or deviant sexual intercourse with another without the latter’s consent or when a person intentionally touches the sexual parts (breasts, genitals, or buttocks) of another, or intentionally touches another with one’s sexual parts, without that person’s consent;

Sexual Harassment - When a person engages in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, or creates an intimidating, hostile, or offensive working or academic environment.

Sexual Invasion - When a person subjects another person to sexual contact without the latter’s consent;

Sexual Misconduct - When a person exposes one’s private parts in a public place or in the presence of other persons.

What is Sexual Assault?

Sexual assault isn't about love or lust--sexual assault is a crime. It is sexual violence directed at an individual. It involves the use of force or coercion or involves the threat of force to the point that an individual feels physically or emotionally powerless. Sexual assault is an expression of hostility, aggression and dominance. It is any sexual act that is committed against an individual without the person's consent.

Date or Acquaintance Rape

The most common form of sexual assaults on college campuses is date/acquaintance rape. Date rape occurs when your date forces you to have unwanted sexual activity. This may include touch, penetration, forcing you to touch him/her or being forced to pose for sexually explicit photos. While date rape involves sexual activity, it is used as a means to gain power and control. If you find yourself in a situation that is making you uncomfortable, listen to your instincts. Get to a safe place right away.

New York State Law

Article 130 of the New York state penal code deals with varying degrees of sexual offenses. It maps out what situations constitute a crime. In many cases, guilt is found based on a victim’s incapability to consent to sexual contact. The legal consequences of committing sex offenses can include a sentence of prison time from up to one year to more than one year, based on the severity of the crime. For more detailed information on this article of the New York state penal code, call Campus Security.

The College’s Policy on Sexual Assault

Sexual assault of students or employees at The College of Saint Rose will not be tolerated. The College of Saint Rose is committed to fostering and maintaining a safe, humane and responsible environment for all of its students and employees to learn and work. The College will support and assist the victim's decision of whether or not to pursue legal action and/or the campus judicial process. A victim may request a change to their academic or living arrangements. The College will honor such a request as long as it is reasonably available. Violation of the College's policy on sexual assault will result in strict disciplinary action including possible expulsion or suspension from the College.

Sexual assault and harassment are not isolated to women. Men can be raped or harassed. A man's body will respond to stimuli. This does not mean that the experience was enjoyable, but only that the body responded to the touches. Rape, sexual assault or sexual harassment is no less a crime when it happens to a man.

What Do I Do If I'm Sexually Assaulted?

1. Go with your instincts. Whatever you decide to do is a decision you must feel comfortable with. Your goal is to survive and escape safely. You will react to the crime in the way that makes the most sense to you at the time.
2. Get to a safe place--a friend's house or any place where people can give you emotional support. Call the Rape Crisis Hot Line.
3. Seek medical help immediately for the treatment of any injuries and for tests to check the possibility of pregnancy or sexually transmitted diseases. If you do plan to report the incident to authorities, there is an additional reason to seek medical attention. Medical evidence can be collected. Don't douche, bathe, shower or change your clothes before seeking medical attention.
4. Report the incident to campus security and/or police if you feel comfortable doing so. This is your decision.
5. File a complaint following the judicial process if the perpetrator is part of the Saint Rose community. An investigation for appropriate disciplinary action under the College's prohibition against sexual abuse will occur.
6. Tell your story soon to avoid forgetting details. Alternatively, write out the details for yourself or use a tape recorder.
7. Seek counseling, whether or not you decide to report the crime or participate in legal action. Professional counseling is available through the Counseling and Psychological Services Center at Saint Rose. Counseling can be beneficial as you work through your reaction to sexual assault.
8. Take whatever steps are necessary to work through the assault. This might include talking to your partner, friend or counselor about your feelings. Resume you normal routine as much as possible.

Unfortunately, sexual assault is a frightening reality for anyone to have to face alone. But, you are not alone. Others have been here before. You can recover from this. As a student or employee at The College of Saint Rose, make sure that you are familiar with the resources that are available to you on campus. The Student Affairs Office can provide you with a list of campus advocates.

Procedures for Dealing with Sexual Offenses

A student or employee in possible violation of an all-campus regulation is subject to a hearing and possible disciplinary action (see Judicial Process). The Associate Dean of Student Affairs or the Director of Residence Life will be the hearing officer for grievances brought by students against students. The Director of Human Resources will serve as the hearing officer for grievances brought by students or employees against an employee. The Vice President for Finance and Administration may appoint a different hearing officer if so requested by the Director of Human Resources.

Judicial Process

The judicial process outlined here applies to student conduct and behavior other than that associated with academic regulation, performance or standing. The College has established regulations and procedures that it considers being consistent with its purpose as an educational institution within the society at large. In the spirit of fairness, the disciplinary process is intended to be as flexible as possible and chiefly concerned with the best interest of both the student involved and the College community. The process was designed to guarantee a student's rights while assuring responsibility for one's own actions.

Hearing Procedures

A student who is charged with violating a policy is subject to a hearing and possible disciplinary action. The judicial coordinator will assign a hearing officer to adjudicate student conduct charges.

Appeal Process

The student in possible violation or the complainant may appeal the decision of such a hearing in writing within two working days. Refer to Appeal Procedures in the Judicial Process Section. The Vice President for Student Affairs will serve as the appeal officer in student cases. The Vice President for Finance and Administration or the Vice President for Academic Affairs will serve as the appeal officer for employee cases.

A. Organization of Campus Judicial System

1. Judicial Coordinator

The Judicial System at The College of Saint Rose is under the direction of the judicial coordinator. The judicial coordinator is charged with the responsibility for seeing that students who allegedly have violated College policy are assured individual rights and fairness. To accomplish this task, the judicial coordinator:

1. Acts as a judicial officer and supervises other judicial officers. The judicial coordinator assigns judicial cases among the judicial officers.
2. Receives reports concerning individual students for alleged violations of College policy.
3. Maintains the official judicial records.

2. Judicial Officers

1. Receives cases referred by the judicial coordinator for adjudication.
2. Sets up an administrative hearing or offers mutual settlement for students to determine if College policy has been violated.
3. Determines appropriate sanction(s) in cases of College policy violations.
4. Notifies student(s) in writing of alleged College policy violation(s) and result of hearing or mutual settlement.

3. Judicial Appeal Officers

The judicial coordinator will designate the appeal officer who will review each appeal request and determine if criteria are met that warrant further investigation.

4. Mutual Settlement Without Hearing

At any time up to two business days before the hearing, the judicial officer may offer or accept mutual settlements of any violation(s). Students agreeing to a mutual settlement must accept responsibility for the violation(s).

B. Judicial Referral

1. Any person may refer a student for judicial action when it is believed that the student has violated a College policy.
2. Referrals are made to the judicial coordinator by completing an Incident Report on which the alleged offense(s) will be described in detail. The form will be signed by the individual initiating the report.
3. The judicial coordinator will assign the case to a judicial officer.
4. The judicial officer sends a written letter of notification of alleged policy violation(s) to the student(s). Hearing date, time and location are included as well as a copy of the Incident Report. If the student is unable to attend due to a scheduled class, he/she must contact the judicial officer within 24 hours, to reschedule. Failure to do so will result in a hearing being conducted in his/her absence.
5. The judicial officer conducts the hearing following the guidelines set forth by the College.
6. Decisions regarding alleged policy violation(s) will be communicated in written form by the judicial officer, including sanctions if warranted.
7. Student may appeal decision of judicial officer to designated appeal officer only if appeal criteria are met.

Statistical Reporting | Policies | Sexual Assault Policy | Freedom from Harassment Policy

FREEDOM FROM HARASSMENT POLICY

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The College of Saint Rose is committed to the fundamental belief that all people should be treated with dignity and respect. Harassment will not be tolerated in any context, whether in a faculty/student, faculty/faculty, supervisor/employee, employee/employee, student/student, employee/student or other relationship. All members of the College community have a basic right to work and learn in a comfortable environment, free from derogatory remarks, unwelcome sexual advances and any other verbal or physical conduct constituting harassment on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation, disability, veterans status or any other category covered under federal, state and local law.

To encourage employees, faculty and students experiencing alleged harassment to come forward, the College provides several channels of communication and both informal and formal complaint resolution procedures. Individuals found to have violated the College's Freedom from Harassment Policy will be appropriately disciplined, up to and including termination. (See COMPLAINT RESOLUTION PROCEDURES FOR HARASSMENT COMPLAINTS.)

PROHIBITED CONDUCT: Harassment consists of unwelcome conduct, whether verbal/written or physical, which degrades or shows hostility toward an individual because of race, color, religion, sex, age, national origin, marital status, disability, veterans status or other categories as covered under state and local laws. The College of Saint Rose will not tolerate harassment of any type for any reason, specifically, that which affects employment or academic conditions or which creates a hostile, offensive work or academic environment.

Sexual harassment deserves special mention. Unwelcome sexual advances, requests for sexual favors and other verbal/written or physical conduct of a sexual nature constitute sexual harassment when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement;
• submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or academic environment.

Examples of conduct, which might create an intimidating, hostile or offensive working or academic environment include, but are not limited to:

• unwelcome sexual flirttion, physical contact, advances or propositions.
• suggestive or lewd remarks.
• jokes of a sexual or suggestive nature.
• graphic or suggestive comments about an individual's appearance.
• the display of sexually suggestive material, objects or pictures.
• sexually degrading words used to describe an individual.

Relationships, which appear to be entirely voluntary and welcome sexual relationships between individuals in an unequal power relationship, may constitute sexual harassment within the definitions of this policy. Persons who engage in sexual relationships with anyone over whom they have any degree of power or authority must recognize the extent to which such relationships are not legally recognized as truly mutually consensual. Implicit in the concept of professionalism is the recognition by those in positions of authority that their relationships with students or reporting staff include an element of power. It is incumbent on those with authority not to abuse, nor seem to abuse, the power with which they are entrusted. The initiation of or consent to romantic or sexual relationships between faculty members and students or between supervisors and employees for whom the faculty members or supervisors have direct professional responsibility is unacceptable. More broadly stated, any relationship between members of the College community, where direct professional responsibility is present, is unacceptable and is subject to the procedures outlined in this policy. Examples of direct professional responsibility include, but are not limited to supervising, evaluating, teaching, advising, awarding financial aid, disciplining, and writing recommendations.

The initiation of romantic or sexual relationships is strongly discouraged even where there is not a direct professional responsibility. These situations may still contain an element of power or authority. Also, changes in the situation may establish direct professional responsibility between the individuals. Such romantic or sexual relationships can negatively impact students or employees (i.e. third parties), who share a work or classroom environment with the involved parties.

RESPONSIBILITIES:

Employees, Faculty and Students:

If members of the College community believe that they have been subject to harassment or any unwanted sexual attention, they should:

• Make their unease and/or disapproval directly and immediately known to the harasser (unless the unwelcome attention or actions are threatening or intimidating);
• Make a written record of the date, time, and nature of the incident(s) and the names of any witnesses; and
• Report the incident to the appropriate designated official, a human resources associate or supervisor.

All incidents of harassment or inappropriate sexual conduct must be reported regardless of their degree of seriousness. However, publicizing information about alleged harassment without following the reporting procedures or filing a formal complaint might be considered evidence of questionable intent on the part of the accuser.

Supervisors, Area Heads:

Supervisors and area heads must deal expeditiously and fairly with allegations of harassment within their departments whether or not there has been a written or formal complaint. Supervisors must ensure that harassment or inappropriate sexually oriented conduct is reported to the appropriate designated official.

Supervisors who knowingly allow or tolerate harassment are in violation of this policy and are subject to discipline.

Designated Officials:

For the purpose of this policy, specific administrative officials are designated to receive harassment complaints and, if appropriate, to investigate formal harassment complaints. Complaints against faculty are filed with the Dean of the School of Education. Complaints against administrators or support staff employees are filed with the Director of Human Resources. Complaints against students are filed with the Associate Dean of Student Affairs.

These designated officials are responsible for:

• ensuring that both the individual filing the complaint (hereafter referred to as the complainant) and the accused individual (hereafter referred to as the respondent) are aware of the seriousness of a harassment complaint;
• explaining The College of Saint Rose's Harassment Policy and investigation procedures to the complainant and to the respondent at an appropriate time consistent with the investigatory process;
• exploring informal means of resolving harassment complaints;
• referring the complainant and/or the respondent to The College of Saint Rose's Counseling Center and/or Campus Ministry for counseling and referral services, if necessary;
• notifying Campus Security if criminal activities are alleged; and
• arranging for an investigation of the alleged harassment and the preparation of a written report.

COMPLAINT RESOLUTION PROCEDURES FOR HARASSMENT CLAIMS:

1. Information and advice: Members of the College community seeking general information or guidance about harassment may be concerned about the privacy of the information they are sharing. The designated officials and all supervisors/area heads are resources for this purpose. Any member of the College community may request information regarding the Freedom from Harassment Policy or guidance from these individuals with the assurance of total privacy. If details of a specific instance of harassment are disclosed to a person obligated to investigate, the College will follow-up as outlined in this Policy.
   
   
2. Informal Resolution Procedures: Once an individual discloses identifying information about an alleged case of harassment to a designated official or supervisor/area head, she/he will be considered to have filed an informal complaint with the College. (At this point, specific complaints brought to supervisors/area heads will be referred to a designated official.) In many instances, informal discussion, counseling and mediation will be adequate to resolve perceived instances of harassment. However, because the College is obligated to act to eliminate harassment from the College community, the designated official has the responsibility to determine when any situation warrants further action.
   • If mediation is successful, written documentation of the mediation agreement between the parties and of the procedures established to monitor compliance should be retained by the appropriate designated official. A copy of the documentation will be provided to the Director of Human Resources, who will act as a central repository of documents where identifying information about an alleged harasser has been disclosed (whether or not the harassment was found to be substantiated). Additionally, all parties to the agreement will receive copies of appropriate documents.
   • If the complaint cannot be resolved informally, the designated official assists the complainant in filing a written harassment complaint.
3. Formal Resolution Procedures: All incidents of harassment or inappropriate sexually oriented conduct should be reported as provided in the section titled, "RESPONSIBILITIES - Employees, Faculty and Students." To initiate a formal investigation into an alleged violation of this policy, complainants file a harassment complaint with the appropriate designated official.
   
   Complaints should be filed promptly after an incident of alleged harassment. To ensure the prompt and thorough investigation of a harassment complaint, the complainant should provide as much of the following information as possible:
   • the name, department and position of the person or persons allegedly causing the harassment;
   • a description of the incident(s), including the date(s), location(s), and the presence of any witnesses;
   • the alleged effect of the incident(s) on the complainant's position, salary, benefits, promotional opportunities, academic standing or other terms or conditions of employment/enrollment (student status);
   • the names of other individuals who might have been subject to the same or similar harassment;
   • the steps the complainant has taken to try to stop the harassment; and
   • any other information the complainant believes to be relevant to the harassment complaint.
4. Investigation: The designated official is responsible for ensuring that an impartial investigation begins within ten working days after a complaint has been filed. The College of Saint Rose attempts to complete investigations within twenty working days. In certain circumstances the investigation time frames may need to be extended. In such instances, all parties to the complaint will be notified.
   • In most cases, the designated official conducts the investigation. However, the designated official might work cooperatively with another designated official. In any case, a second person - possibly an individual from the Human Resources Department - should accompany the primary investigator during all interviews with the complainant, respondent and witnesses so that information obtained during the interviews can be corroborated. In certain cases, the College may appoint a third party to conduct the investigation. Witnesses will be directed not to disclose the fact that they have been interviewed or the nature of the inquiry to others. Violation of this directive shall be a basis for disciplinary action or other sanctions as may be determined by the College.
   • The investigator contacts the respondent, gives him or her a copy of the complaint, solicits the respondent's account of the alleged incidents and informs the respondent that a report will be prepared.
5. Report: The designated official or designated investigator prepares a written report following the completion of the investigation. Except in certain circumstances, the report should be completed within twenty working days after the completion of the investigation.

   The report, at a minimum, must include:

   • a summary of the complaint.
   • a summary of the response by the individual charged with the harassment.
   • a summary of the statements and evidence obtained during the investigation.
   • a recommendation on whether a violation of this policy occurred and an explanation supporting the finding. If a violation occurred, the recommendation must include a statement about the severity of the violation.
   • a summary of prior settlements or substantiated complaints against the respondent.
   • a recommendation as to the disciplinary action to be taken, if appropriate.


In the case of complaints against administrative or support staff employees, the report will be forwarded to the Vice President for Finance and Administration for review and the determination of disciplinary action, if warranted. The Vice President for Academic Affairs will issue a final decision in complaints against non-tenured faculty or against tenured faculty, if the recommended disciplinary action is not termination. (See page 7 for the procedure for cases where termination of a tenured faculty member is recommended.) The Associate Dean of Student Affairs will issue a decision in complaints against students. The investigatory processes outlined in this Freedom from Harassment Policy are consistent with the Judicial Process outlined in the Student Handbook. (If a student appeals the decision of the Associate Dean of Student Affairs, the appeal will be handled as outlined in the Student Handbook in the section titled Judicial Process.)

6. Monitoring Compliance: The supervisor/area head of an individual found to have violated this policy is responsible for monitoring the individual's future compliance with the Freedom from Harassment Policy.
   
   
7. Confidentiality: All inquiries, complaints and investigations are treated confidentially. Information is revealed strictly on a need-to-know basis.

   Information contained in a formal complaint is kept confidential. However, the identity of the complainant and respondent usually is revealed to the respondent and witnesses. The designated official takes adequate steps to ensure that the complainant is protected from retaliation during the period of the investigation.

   A copy of the investigation report and the final decision is included in the human resources or student file of the respondent only if the investigation concludes that the respondent engaged in prohibited conduct.

   All information pertaining to a harassment complaint or investigation is maintained by the appropriate designated official and the Director of Human Resources in secure files. These secure files will be kept separate from all other human resources or student files maintained by the College. No record of a complaint is kept in the complainant's human resources or student file, unless the investigation concludes that the complaint was reckless or frivolous.

   In cases where complaints against tenured faculty members are found to have merit and where dismissal is the recommended disciplinary action, the Associate Vice President for Academic Affairs will assist the complainant in forwarding the complaint to the Faculty Mediation Committee (FMC) for possible further action as outlined by the Procedural Standards for Dismissal of a Tenured Faculty Member (PSFDTFM). The investigatory processes outlined in this Freedom from Harassment Policy are a part of the ‘extensive efforts’ which the Associate Vice President for Academic Affairs is expected to undertake to determine the facts and achieve informal resolution under the PSFDTFM. The investigatory report shall be provided to the Faculty Mediation Committee (FMC) under Section 5(c) of the PSFDTFM, which procedures shall thereafter govern in cases of respondents who are tenured faculty members.

NON-RETALIATION:

• Under no circumstances will an individual’s refusal to submit to sexual advances adversely impact employment or academic conditions, including performance evaluation, grading, compensation, advancement, assignments, career development or other opportunities. Any employee responsible for such discrimination will be subject to disciplinary action up to and including termination.
• Retaliation against individuals for filing a complaint, reporting an incident of harassment or for participation in an investigation under this policy will be cause for disciplinary action.
• Similarly, complainants found to have made intentionally false allegations or to have made allegations maliciously will be subject to disciplinary action. (Rev. 7/00)

REPORTING AGENCIES FOR SEXUAL OFFENSES

Statistical Reporting | Policies | Sexual Assault Policy | Freedom from Harassment Policy