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Community Standards, Policies and Procedures

Right to Modify: The College reserves the right to change or add any community standards, policies, rules, regulations, fees or any other information contained herein.  Students will be notified via email of any changes when they occur.

Violations of any of the policies listed below may result in disciplinary action.

 

Amnesty Statement

The health and safety of every student at the College is of utmost importance.  The College of Saint Rose strongly encourages students to report incidents of sexual misconduct and students who are in physical or mental distress (i.e. sick, overdosing, injured, etc.). The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs or that they are a witness to another student in physical distress may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, sexual assault or other concerning behavior of a student to College officials. A bystander, acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, sexual assault or other concerning behavior of a student to Institution’s officials or law enforcement, will not be subject to the College’s community standard action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault, or other reported incident.

Animals and Pets

The College has a responsibility to keep its buildings and grounds as free as possible from health hazards and nuisances.  In order to maintain these safety standards, the agriculture and markets law and the applicable laws of the City of Albany will be enforced.

As authorized by these laws, unleashed and/or unlicensed animals are subject to removal by the animal shelter and pets are not permitted in any residence hall, food preparation or service area, and are subject to removal from other areas of the campus.

With the exception of fish (in properly maintained aquariums of 10 gallons or less), no animals will be allowed in residence halls.  Students are responsible for unplugging tanks during break periods when the residence halls are closed.  Service Animals and Emotional Support Animals are excluded from this.  Please refer to the Student Accommodation Policy for information on Service and Emotion Support Animals.  Tying pets to trees, posts or stair railings, or otherwise leaving a pet unattended is prohibited.

In the event that a guest of a student brings a pet to campus, that pet cannot be left unattended for any length of time.  The pet cannot enter any College-owned, leased, or rented property for any length of time.   

Appliances and Cooking

Appliances & Cooking as it Relates to Residence Halls
Cooking in any area of the residence hall other than the kitchen is prohibited.

Appliances & Cooking as it Relates to Prohibited Items
One-cup coffee makers with an automatic shut-off and without an exposed base heating element are permitted in student residence hall rooms; any other coffee maker with an automatic shut-off, as well as a blender, may be stored in the kitchen.

Prohibited appliances/items in the residence halls include, but are not limited to:

  • Charcoal or gas grill
  • Electric percolators
  • Hot pots
  • Any heat producing cooking appliances
  • Any electrical appliance used to cook food.

Any illegal items will be confiscated and disposed of by College staff.

Appliances & Cooking as it Relates to Refrigerators
One refrigerator, not exceeding 3.3 cubic feet and 115 volts, which is UL approved and Energy Star rated is permitted in each room.

Appliances & Cooking as it Relates to Microwaves
One microwave not exceeding 700 watts and 0.7 cubic feet, which is UL approved is permitted in each room in First Year Residence Halls only. Students residing in residence halls other than our First Year Buildings may not have privately owned microwaves in their space. Residence Halls other than First Year Buildings will have one microwave for use in the common kitchen of the building.

Building Access and Security

Building Access & Security as it Relates to Secure Areas
No person may:

  1. be on the roof of any campus building.
  2. be on a porch or balcony adjacent to a student bedroom.
  3. climb into or out of windows on campus.
  4. sit in windows or on ledges.
  5. sit on heating/cooling units.
  6. exit through emergency exit doors.
  7. use or possess camera doorbells on any interior or exterior door in a residence hall or apartment building.

Building Access & Security as it Relates to Card Readers
All entrance/exit doors to campus buildings must be closed and locked at all times.  Propping of these doors is prohibited.  Damage to Card Access Readers is prohibited.

Building Access & Security as it Relates to Keys and ID Cards
All students must carry their ID card with them at all times. Resident students must also carry their room key with them at all times.  Duplicating keys is prohibited. Changing or adding locks to any door, is prohibited. In addition, students may not loan their own or use another student’s key or College identification for any reason. Failure to show a proper College of Saint Rose student identification or other identification to a College representative is prohibited.

Building Access & Security as it Relates to Unauthorized Entry/Exit
Forcible entry or any unauthorized entry into any room or building on the College premises or at any College related function is prohibited.  In addition, unauthorized use of emergency exit doors is prohibited.

Bullying

Anti-bullying Statement
Bullying can foster a climate of fear and disrespect which seriously impairs the physical and psychological health of its victims and creates conditions that negatively affect any learning and working environment. We are committed to maintaining high standards for behaviors where every member of the College community conducts oneself in a manner which demonstrates proper regard for the rights and welfare of others. This Anti-Bullying statement therefore, seeks to educate the College community about bullying, and to promote civility, inclusivity and respect among all its members, including the administration, faculty, staff, and students.

Definition
  • Bullying is defined as the aggressive and hostile acts of an individual or group of individuals who are intended to humiliate, mentally or physically injure or intimidate, and/or control another individual or group of individuals.
  • Such aggressive and hostile acts can occur as a single, severe incident or repeated incidents, and may manifest itself in the following forms:
    • Physical Bullying includes pushing, shoving, kicking, poking, and/or tripping another; assaulting or threatening a physical assault; damaging a person’s work area or personal property; and/or damaging or destroying a person’s work product.
    • Verbal/Written Bullying includes ridiculing, insulting or maligning a person, either verbally or in writing; addressing abusive, threatening, derogatory or offensive remarks to a person; and/or attempting to exploit an individual’s known intellectual or physical vulnerabilities.
    • Nonverbal Bullying includes directing threatening gestures toward a person or invading personal space after being asked to move or step away.
    • “Cyber bullying” is defined as bullying an individual using technology, including, but not limited to, social media, email, and cell phones (texting and calls).
    • Bias Bullying is any hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person or group compared with another, usually in a way considered to be unfair.

Cell Phone Usage

As a member of the Saint Rose learning community, each student has a responsibility to other members of the campus community.  When cell phones ring and students respond in class or leave class to respond, it disrupts the class.  Therefore, the use, by students, of cell phones is prohibited during scheduled classes, unless allowed by the instructor for educational purposes.  All such devices must be turned off or put in a silent (vibrate) mode and ordinarily should not be taken out during class.  Given the fact that these same communication devices are an integral part of the College’s emergency notification system, an exception to this policy would occur when numerous devices activate simultaneously.  When this occurs, students may consult their devices to determine if a college emergency exists.  If that is not the case, the devices should be immediately returned to silent mode and put away.

Use of cell phones, similar communication devices, or any unauthorized electronic data storage device in testing situations, other than to receive College emergency notifications, may constitute a violation of Academic Honesty and lead to sanctions under the Policy on Plagiarism and Other Infringements of Academic Honesty. 

The use of these devices is prohibited in locker rooms, bathrooms, other private areas, and while driving a College owned, leased or rented vehicle.  Students that violate this policy will be subject to disciplinary actions and possible expulsion/termination as well as criminal or civil penalties for related violation of federal, state, or local laws.

Classroom Behavior

It is the expectation that students will maintain a professional, inclusive and respectful manner while attending classes. If a student is being verbally or physically aggressive or being disruptive to the academic environment, they will be subject to the student community standards, policies and procedures review process. This includes bias behavior which is any hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person or group compared with another, usually in a way considered to be unfair.

College Documents

Forging, transferring, altering or otherwise misusing any student record, official College document, identification card or other college identification is prohibited.

Community Responsibility

Students are members of both our overall campus community and the local community of the Capital District.   All students are expected to act respectfully, inclusively, and responsibly and not interfere with the rights, comfort, safety or physical and psychological health of their roommate(s), other students, faculty, administrators, staff or guests.  This includes demonstrating any behavior which is considered bias in nature.  Bias behavior is hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair.  Additionally, students are expected to treat communal property (i.e. bathrooms, hallways, bulletin boards, etc.) and the property of others with respect.

Computer Equipment and Facility Usage

The College reserves the right to suspend or revoke the privilege of system access if a user’s system activity threatens to overload the system network, threatens the security or integrity of the College, threatens the computer system, or if the user has violated institutional policies or committed a violation of law. A College official may enter a student’s room to verify a threatening activity.

Credit Cards

The College prohibits the advertising, marketing, and merchandising of credit cards on campus.  Any advertising or application materials found posted on campus will be removed and discarded.

Dangerous Substances and Weapons

Dangerous Substances
Any or all chemicals which can either be made to possess, or which inherently possess, volatile, explosive or dangerous properties are prohibited on campus, except under the academic supervision of a member of the College faculty or a College official.

Weapons as it Relates to Firearms, Projectiles, and Explosives
Students shall not possess, sell, furnish, or distribute:

  1. Firearms
  2. Ammunition
  3. Any projectile objects
  4. Firecrackers
  5. Gunpowder
  6. Other explosives or potentially dangerous objects.

The possession of a New York State weapons permit does not authorize that person to have a firearm on campus.  Only outside, on-duty law enforcement officials are authorized to carry weapons on campus.

Weapons as it Relates to Potentially Dangerous Objects
Students shall not possess, sell, furnish, or distribute the following items:

  1. Airsoft rifles
  2. Archery bows
  3. Crossbows
  4. BB guns
  5. Launching devices
  6. Mace
  7. Pepper spray
  8. Paintball guns
  9. Pellet guns
  10. Slingshots
  11. Tasers
  12. Toy guns
  13. Nerf guns
  14. Cap guns
  15. Water pistols

Weapons as it Relates to Martial Weapons
Students shall not possess, sell, furnish, or distribute:

  1. Martial arts weapon displays
  2. Bladed weapons, such as knives or swords.
  3. Nunchaku, or “chukka” sticks.
  4. Billy clubs, black jacks or night sticks.
  5. Metal knuckles.

Weapons as it Relates to Simulated Weapons
Students shall not use any object or instrument to simulate a weapon in a manner that endangers or intends to endanger any person.

Disorderly Conduct

Conduct which disrupts or disturbs the normal routine of campus and/or the neighboring community is prohibited. This includes playing sports indoors, or any other behavior that is loud, boisterous, or destructive.  Bias behavior is also included as prohibited behavior.  Bias behavior is hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person or group compared with another, usually in a way considered to be unfair.

Students may be removed or restricted from campus housing after a violation of the disorderly conduct policy depending upon the severity of the violation.

Drug-Free School & Drug-Free Workplace Policy

Policy Number:  06.15
Responsible Office:  Human Resources and Student Development
Origination Date:   August 1, 2023
Revision Date:  N/A

I. Purpose:

The College of Saint Rose (the “College”) is committed to the development and maintenance of a productive workplace and community that is free from alcohol, unlawful drugs, and any other unlawful substance as classified under applicable federal, New York State, and local laws. This commitment is consistent with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989 (the “Acts”), which require colleges to publish their policies regarding the possession, use, or distribution of illicit drugs and alcohol by students and employees on campus.

II. Scope:

This Policy applies to all full-time and part-time faculty members, administrators, staff members, student employees, and all full-time and part-time undergraduate and graduate students who are taking one or more classes for any type of academic credit, except for continuing education units, regardless of the length of the student’s program of study (collectively, the “College Community Members”).

In addition to this Policy, student employees are also subject to the terms of applicable College Human Resources policies.

III. Policy:

 

  1. Illegal Drugs
    a. All College Community Members are prohibited from the unlawful manufacturing, distribution, dispensation, possession, sale, transfer, use, or being indirectly involved in the unlawful manufacturing, distribution, dispensation, possession, sale, transfer, or use of illegal drugs or controlled substances, as classified under federal, New York State, or local laws while on College Premises, during College-sponsored events (on and off College Premises), while conducting College business off College Premises, or during any other working time. Illegal drugs or controlled substances are never allowed on College Premises. Any violation of this Policy may result in disciplinary action, as further described below and may have legal consequences. The College will comply with all applicable laws regarding drug and alcohol use and testing. For the purposes of this Policy:“College Premises” means (1) any building or property owned or controlled by the College within the same reasonably contiguous geographic area and used by the College in direct support of, or in a manner related to, the College’s educational purposes, including residence halls; (2) any building or property that is within or reasonably contiguous to section (1) of this definition, that is owned by the College but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor); (3) any building or property owned or controlled by a student organization that is officially recognized by the College; and (4) any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the College’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.b. All College Community Members are prohibited from being in the presence of illegal drugs or controlled substances, as classified under federal, New York State, or local laws while on College Premises, during College sponsored events (on and off College Premises), while conducting College business off College Premises, or during any other working time.c. All College Community Members are prohibited from possessing and using drug paraphernalia or any item designed or intended for consumption of drugs or disguising drug use while on College Premises, during College-sponsored events (on and off College Premises), while conducting College business off College Premises, or during any other working time. For purposes of this Policy, “drug paraphernalia” includes but is not limited to bongs, bowls, Juuls with non-tobacco Juul pods, vapes, and pipes.d. All drugs and drug paraphernalia will be confiscated and disposed of by Campus Safety and Security.e. All College Community Members are prohibited from being incapacitated by the influence of illegal drugs or controlled substances, as classified under federal, New York State, or local laws.f. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time of any sexual misconduct or sexual violence (including but not limited to domestic violence, dating violence, stalking, or sexual assault) may be hesitant to report such incidents due to fear of potential consequences for their own conduct. In accordance with the College’s Amnesty Statement, the College strongly encourages students to report domestic violence, stalking, sexual assault or other concerning behavior of a student to College officials.

2. Alcoholic Beverages

a. College Students
i. Except as otherwise permitted by law for off-campus employment, if a College student is under 21 years of age (“Underage Student”), the Underage Student may not possess, consume, sell, furnish, transfer, or distribute alcoholic beverages on or off College Premises. Underage Students shall not be in the presence of alcohol, unless attending a College or community sponsored function where alcohol is being served. Underage Students shall also not allow visitors to the College to bring alcohol on to College Premises. Underage Students shall not be incapacitated by the influence of alcohol. See the College’s Amnesty Statement.

ii. If a College student is at least 21 years of age (“Of-Age Student”), the Of-Age Student may have small amounts of alcohol. For purposes of this Policy, a “small amount of alcohol” consists of no more than a six pack of beer, a liter of wine, or half liter of alcohol. Of-Age Students may possess and consume, for personal consumption, a small amount of alcohol in their personal College-provided housing or in College-provided housing of another Of-Age Student. Of-Age students shall not be incapacitated by the influence of alcohol.

iii. Although Of-Age Students are permitted to possess and consume small amounts of alcohol on College Premises, the following behavior is strictly prohibited:
1. Possessing, consuming, selling, furnishing, transferring, or distributing any alcoholic beverage(s) in the presence of or to any person under the age of 21.

2. Possessing, consuming, or distributing large quantities of alcohol, including but not limited to kegs or beer balls.

3. Allowing visitors to bring alcoholic beverage(s) on to College Premises.

4. Possessing drinking paraphernalia, including but not limited to funnels, flasks, game tables, and shot glasses. Of-Age Students may possess beer mugs, steins, margarita glasses, and wine glasses.

5. Collecting, displaying, or storing empty alcohol containers.

iv. The College expects Of-Age Students to drink responsibly and not in excess. The College prohibits excessive drinking (i.e., “binge-drinking”) by all students.

b. College Employees

i. Alcohol may not be consumed or ingested by any College faculty member, administrator, or staff member while on duty, while conducting College business, while assigned to drive a College vehicle or while driving a personal vehicle for College business. The sole exception applies to lawful and appropriate use of alcoholic beverages by employees at social events with appropriate connection to the College and approval of the College.

ii. College faculty members, administrators, and staff members are prohibited from consuming, possessing, or distributing alcoholic beverage(s) in the presence of College students in College common areas or residence halls unless at social events with appropriate connection to the College and approval of the College.

c. College Sponsored Events

i. Alcoholic beverages are allowed on College Premises for approved College events. College Community Members having events in a College facility covered by the New York State liquor license serving the College may not legally bring alcoholic beverages into those areas; therefore, such beverages must be ordered from Dining Services or the third-party vendor catering the College sponsored event. It is the responsibility of the Dining Services staff or third-party caterer to proof, enforce, and report violations of the College’s alcohol policy. College Community Members are equally responsible to enforce the College’s alcohol policy and to report violations to the Associate Vice President for Student Development.

ii. For student sponsored College events, College Community Members may not serve alcoholic beverages at events at which students will be present without prior approval from the Coordinator of Student Engagement and Campus Activities.

iii. Whenever an alcoholic beverage is served at an approved College event, food and a non-alcoholic beverage alternative must also be available.

iv. Only one alcoholic beverage is to be served to any one person at a time at an approved College event. Alcoholic beverages shall not be served to Underage Students or to College Community Members who appear intoxicated and/or under the influence of illegal drugs or controlled substances, as classified under federal, New York State, or local laws.

v. With the exception of College sponsored events, such as wine-tasting, College Community Members may not advertise or promote alcoholic beverage(s) as the sole or main purpose of the approved College event.

vi. College Community Members may not advertise specials for alcoholic beverages at an approved College event.

vii. With the exception of College sponsored events, no College Community Member may possess an open container in common areas, such as the lawn, lounges, hallways, and kitchens.

viii. College Community Members are responsible for the alcohol-related actions of their guests, including any related damage.

d. Proofing Policy

i. Saint Rose identification cards are not valid for proof of age. Governmental proof, such as a driver’s license or passport is required. Saint Rose identification cards are necessary to identify individuals as College Community members.

ii. Proofing is to be done at the entrance to the drinking area and only individuals with a proper form of proof may enter the area in which alcohol is being served and consumed. For student sponsored College events, individuals may not take beverages out of this designated drinking area.

3. Recreational Marijuana

a. The College prohibits a College Community Member’s use, manufacture, distribution, dispensation, possession, sale, transfer, use, cultivation, or being indirectly involved in the manufacture, distribution, dispensation, possession, sale, transfer, use, or cultivation of marijuana while on College Premises, during College sponsored educational activities (on or off College Premises), during College-sponsored events (on and off College premises), while conducting College business off College Premises, or during any other working time. Such “working time” includes unpaid and paid breaks and mealtime; all times when the employee is suffered, permitted, or expected to be engaged in work, and all time the employee is actually engaged in work. The College also prohibits the use, manufacture, distribution, dispensation, possession, and cultivation of marijuana while using College property (e.g., College buildings, vehicles, machinery), even after or outside of an employee’s regular hours. Any violation of this Policy will result in disciplinary action, up to and including dismissal from the College as a student or termination of employment as an employee.

In accordance with New York State Law, the College is prohibited from refusing to hire, fire, or otherwise discriminating against employees, including student employees, based on the employee’s use of marijuana outside the workplace, outside of work hours, and without use of the College’s equipment or property. However, the College may take disciplinary employment action against an employee, including student employees, based on the employee’s use of marijuana, where the employee while working: (1) manifests specific articulable symptoms of marijuana impairment that decrease or lessen the employee’s performance of the employee’s tasks or duties; and/or (2) manifests specific articulable symptoms of marijuana impairment that interfere with the College’s obligation to provide a safe and healthy workforce.

There is no dispositive complete list of symptoms of impairment. Rather, articulable symptoms of impairment are objectively observable indications that the employee’s performance of the duties of their position are decreased or lessened. For example, the operation of vehicles or machinery in an unsafe and reckless manner may be considered an articulable symptom of impairment.

The odor of marijuana in residence hall locations such as corridors, lounges, public areas or student rooms in conjunction with the possession of a fan, towel, covered smoke detector, an open window or any other element used to mask the smell will result in participation in the Student Community Standards, Policies and Procedures Review process.

4. Medical Marijuana

a. The College will not take adverse action against any student, employee, or applicant for employment at the College who is a certified patient solely based on the student’s, employee’s, or applicant’s certified medical use of marijuana, unless such use results in the student’s, employee’s, or applicant’s impairment in the workplace or otherwise violates the terms of this Policy. For the purposes of this Policy, the term “certified patient” is defined pursuant to Section 3360 of the Public Health Law of the State of New York.

b. In accordance with applicable law, the College will consider reasonable accommodation requests relating to a student’s, applicant’s, or employee’s status as a certified patient and their use of marijuana, so long as such accommodation does not impose an undue hardship on the College, pose a direct threat to the health and safety to the student, applicant, employee, or any other person, or otherwise violate applicable law. For more information about reasonable accommodations, employees should contact the College’s Human Resources Office and students should contact the Office of Services for Students with Disabilities. Students are also encouraged to refer to the College’s Student Accommodation Policy.

5. Disciplinary Guidelines

The following guidelines are utilized to determine minimum sanctions and interventions for students and employees who violate this Policy. Individuals who violate this Policy may be subject to the College’s disciplinary sanctions and to any civil and/or criminal penalties as provided by applicable federal, state, and local law.

a. Student Disciplinary Guidelines

Students documented for violating the College’s policies on alcohol and illicit drugs are subject to a hearing and possible disciplinary action, consistent with local, State, and federal law. Sanctions will be assigned in accordance with the Colleges’ Student Community Standards, Policies and Procedures Review Process procedures and may vary depending upon the particular circumstances surrounding an infraction, up to and including suspension or expulsion.  Specific sanctions could include:

  • Disciplinary Probation
  • Interim Suspension/Removal from College Housing
  • Removal from College Housing
  • Disciplinary Suspension
  • Disciplinary Dismissal
  • Restrictions
  • Persona Non-Grata
  • Reflective Exercises
  • Behavioral Contract
  • Parent/Guardian Notification

Resident students may be removed from campus housing after their third violation of the alcohol policy or sooner depending on the severity of the violation. Students may be removed from campus housing or from the College after their second violation of the drug policy or sooner depending on the severity of the incident.

b. Employee Disciplinary Guidelines

Employees who violate the College’s policies on alcohol and illicit drugs will be disciplined in accordance with any applicable employment handbook or manual, collective bargaining agreement, and/or individual employment contract.

6.  Health Risks Associated with Alcohol and Drug Use/Abuse

a. Alcohol

The following information on health risks is from the Centers for Disease Control and Prevention:

Drinking too much can harm your health. Excessive alcohol use led to approximately 140,000 deaths and 3.6 million years of potential life lost (YPLL) each year in the United States, shortening the lives of those who died by an average of 26 years. Further, excessive drinking was responsible for 1 in 5 deaths among working-age adults aged 20-49 years. The economic costs of excessive alcohol consumption in 2010 were estimated at $249 billion, or $2.05 a drink.

The Dietary Guidelines for Americans defines moderate drinking as up to 1 drink per day for women and up to 2 drinks per day for men. In addition, the Dietary Guidelines do not recommend that individuals, who do not drink alcohol, start drinking for any reason.

Excessive alcohol use has immediate effects that increase the risk of many harmful health conditions. Over time, excessive alcohol use can lead to the development of chronic diseases and other serious problems including but not limited to: High blood pressure, heart disease, stroke, liver disease, and digestive problems; Cancer of the breast, mouth, throat, esophagus, liver, and colon; Learning and memory problems, including dementia and poor school performance; Mental health challenges, including depression and anxiety; Social problems, including lost productivity, family problems, and unemployment; Alcohol dependence, or alcoholism. By not drinking too much, you can reduce the risk of these short- and long-term health risks.

b. Cannabis (Marijuana, Hashish)

The following information on health risks is from the Centers for Disease Control and Prevention:

Marijuana is the most commonly used illegal drug in the United States, and marijuana use may have a wide range of health effects on the body and brain.

About 3 in 10 marijuana users may experience some form of addiction. For people who begin using before the age of 18, the risk is even greater. People who are addicted to marijuana may also be at a higher risk of other negative consequences of using the drug, such as problems with attention, memory, and learning. Some people who are addicted may need to smoke more and more marijuana to get the same high. It is also important to be aware that the amount of tetrahydrocannabinol (THC) in marijuana (i.e., marijuana potency or strength) has increased over the past few decades. The higher the THC content, the stronger the effects on the brain.

In addition, some methods of using marijuana (e.g., dabbing, edibles) may deliver very high levels of THC to the user. In many cases, marijuana is smoked in the form of hand-rolled cigarettes (joints), in pipes or water pipes (bongs), in bowls, or in blunts—emptied cigars that have been partly or completely refilled with marijuana. Smoked marijuana, in any form, can harm lung tissues and cause scarring and damage to small blood vessels. Smoke from marijuana contains many of the same toxins, irritants, and carcinogens as tobacco smoke. Smoking marijuana can also lead to a greater risk of bronchitis, cough, and phlegm production. These symptoms generally improve when marijuana smokers quit.

Marijuana use, especially frequent (daily or near daily) use and use in high doses, can cause disorientation, and sometimes cause unpleasant thoughts or feelings of anxiety and paranoia.

Marijuana use is associated with temporary psychosis (not knowing what is real, hallucinations and paranoia) and long-lasting mental health challenges, including schizophrenia (a type of mental illness where people might see or hear things that aren’t really there).

Marijuana use has also been linked to depression and anxiety, and suicide among teens. However, it is not known whether this is a causal relationship or simply an association.

c. MDMA

The following information on health risks is from the National Institute on Drug Abuse:

People who use MDMA usually take it as a capsule or tablet, though some swallow it in liquid form or snort the powder. The popular nickname Molly (slang for “molecular”) often refers to the supposedly “pure” crystalline powder form of MDMA, usually sold in capsules. However, people who purchase powder or capsules sold as Molly often actually get other drugs such as synthetic cathinones (“bath salts”) instead. Some people take MDMA in combination with other drugs such as alcohol or marijuana.

MDMA increases the activity of three brain chemicals:

Dopamine—produces increased energy/activity and acts in the reward system to reinforce behaviors.

Norepinephrine—increases heart rate and blood pressure, which are particularly risky for people with heart and blood vessel problems.

Serotonin—affects mood, appetite, sleep, and other functions. It also triggers hormones that affect sexual arousal and trust. The release of large amounts of serotonin likely causes the emotional closeness, elevated mood, and empathy felt by those who use MDMA.

Other health effects include:

  1. nausea
  2. muscle cramping
  3. involuntary teeth clenching
  4. blurred vision
  5. chills, and
  6. sweating.

MDMA’s effects last about 3 to 6 hours, although many users take a second dose as the effects of the first dose begin to fade. Over the course of the week following moderate use of the drug, a person may experience irritability, impulsiveness and aggression, depression, sleep problems, anxiety, memory and attention problems, decreased appetite, and decreased interest in and pleasure from sex. It’s possible that some of these effects may be due to the combined use of MDMA with other drugs, especially marijuana.

High doses of MDMA can affect the body’s ability to regulate temperature. This can lead to a spike in body temperature that can occasionally result in liver, kidney, or heart failure or even death.

d. Opioids

The following information on health risks is from the National Institute on Drug Abuse:

Prescription opioids used for pain relief are generally safe when taken for a short time and as prescribed by a doctor, but they can be misused.

Opioids bind to and activate opioid receptors on cells located in many areas of the brain, spinal cord, and other organs in the body, especially those involved in feelings of pain and pleasure. When opioids attach to these receptors, they block pain signals sent from the brain to the body and release large amounts of dopamine throughout the body. This release can strongly reinforce the act of taking the drug, making the user want to repeat the experience.

In the short term, opioids can relieve pain and make people feel relaxed and happy. However, opioids can also have harmful effects, including drowsiness, confusion, nausea, constipation, euphoria, and slowed breathing. Opioid misuse can cause slowed breathing, which can cause hypoxia, a condition that results when too little oxygen reaches the brain. Hypoxia can have short- and long-term psychological and neurological effects, including coma, permanent brain damage, or death. Researchers are also investigating the long-term effects of opioid addiction on the brain, including whether damage can be reversed.

People addicted to an opioid medication who stop using the drug can have severe withdrawal symptoms that begin as early as a few hours after the drug was last taken. These symptoms include muscle and bone pain, sleep problems, diarrhea and vomiting, cold flashes with goose bumps, uncontrollable leg movements, and severe cravings.

An opioid overdose occurs when a person uses enough of the drug to produce life-threatening symptoms or death. When people overdose on an opioid medication, their breathing often slows or stops. This can decrease the amount of oxygen that reaches the brain, which can result in coma, permanent brain damage, or death.

If you suspect someone has overdosed, the most important step to take is to call 911 so he or she can receive immediate medical attention. Once medical personnel arrive, they will administer naloxone. Naloxone is a medicine that can treat an opioid overdose when given right away. It works by rapidly binding to opioid receptors and blocking the effects of opioid drugs. Naloxone is available as an injectable (needle) solution, a hand-held auto-injector (EVZIO®), and a nasal spray (NARCAN® Nasal Spray).

e. Sexual Assault Drugs

The following information on health risks is from the National Institute of Drug Abuse:

There are three specific drugs that are commonly utilized in drug facilitated sexual assault: Rohypnol®, GHB (Gamma Hydroxybutyric Acid), or Ketamine.

i. Rohypnol®

Rohypnol®, also known as flunitrazepam, is not approved in the United States, although it is available for use as a prescription sleep aid in other countries. It is most commonly found as a tablet which is consumed by dissolving it in a drink or swallowing it. The possible short term health effects include drowsiness, sedation, sleep, amnesia, blackout; decreased anxiety; muscle relaxation, impaired reaction time and motor coordination; impaired mental functioning and judgement; confusion; aggression; excitability; slurred speech; headache; slowed breathing and heart rate. When combined with alcohol the possible health effects include severe sedation, unconsciousness, and slowed heartrate and breathing, which can lead to death. At this point the long-term health effects of Rohypnol® are still unknown. Rohypnol® can take between 36- 72 hours to leave the body.

ii. GHB (Gamma Hydroxybutyric Acid)

GHB is a depressant approved for use in treatment of narcolepsy, and commonly goes by the other names of Goop, liquid ecstasy, and liquid X. It is most commonly found as a colorless liquid or white powder which is consumed through swallowing, often in combination with alcohol. The possible short term health effects include euphoria, drowsiness, nausea, vomiting, confusion, memory loss, unconsciousness, slowed heart rate and breath, lower body temperature, seizures, coma, and death. In combination with alcohol the possible health effects include nausea, problems with breathing, and greatly increased depressant effects. At this point in time the long-time effects of GHB are unknown. GHB, unlike Rohypnol, leaves the body between 10-12 hours after consumption.

iii. Ketamine

Ketamine is a dissociative drug used as a surgical anesthetic, an anesthetic in veterinary practice, and as a prescription for treating resistant depression under strict medical supervision. It is most commonly found in liquid or white powder and is consumed through swallowing, smoking, snorting, or injections. The possible short term health effects include problems with attention, learning, and memory; dreamlike states, hallucinations; sedation; confusion loss of memory; raised blood pressure, unconsciousness; and dangerously slowed breathing. If ketamine is consumed with alcohol there is a risk of adverse effects. The possible health effects associated with long term use include ulcers and pain in the bladder; kidney problems; stomach pain; depression; and poor memory.

If an individual believes they or a friend have consumed Rohypnol®, GHB, or Ketamine they should visit a local healthcare facility that can care for survivors of sexual assault and provide a forensic exam. While receiving care the individual who has ingested the drug can request the hospital to take a urine sample for drug toxicology testing, if the individual cannot immediately go to a hospital they should save their urine in a clean, sealable container as soon as possible, and place it in the refrigerator or freezer for future toxicology testing.

7. Drug and Alcohol Testing

In furtherance of the College’s commitment to ensure the well-being and safety of employees, students and campus visitors, the College requires that finalists for certain positions complete and pass a drug screen prior to receiving an offer of employment.

To the extent the terms of the Pre-Employment Drug Testing Policy and/or Reasonable Suspicion Drug/Alcohol Testing Policy are inconsistent with an employee’s collective bargaining agreement, the terms of the employee’s collective bargaining agreement shall control.

a. Pre-Employment Drug Testing

For the purposes of this Pre-Employment Drug Testing policy, “applicants” shall mean all applicants hired to work in the Facilities and Safety and Security Departments, including those applicants hired into on-call and temporary positions in these departments.

All employment offers for covered applicants may be contingent upon satisfactory results of a drug test, administered prior to the commencement of employment. The College’s Human Resources Department will manage pre-employment drug tests. Pre-employment drug tests will be administered by a third-party testing facility and the College will pay for the cost of the test.

The Human Resources Department will notify covered applicants of the College’s testing provider,
WorkFit Medical
1971 Western Avenue
Albany, NY 12203.

An applicant for employment at the College must report for the drug-test within forty-eight (48) hours (excluding weekends and holidays) of receiving direction from the College to submit to a drug test. The College will not consider hiring any applicant who refuses to submit to pre-employment drug testing.

If an applicant tests positive for unlawful drugs, as classified under federal, New York State, or local laws, a second confirming test will be conducted on the applicant’s original specimen. If the second test confirms the initial positive result, a physician at the testing facility will review the test results to determine if a legitimate medical reason exists for the positive results. Any subsequent action by the College will be based on the physician’s findings.

If the testing procedure indicates that an applicant has used unlawful drugs in violation of this policy, the Human Resources Department will contact the applicant to discuss the test results. The applicant may request that a third test be performed on the same sample at a different laboratory. The applicant may make the request directly to the Human Resources Department. The applicant is responsible for pre-paying for the cost of the third test.

Applicants who fail a pre-employment drug test, are not eligible for employment at the College for a period of one (1) year following the date of test failure.

Applicants for positions that require driving College vehicles and are covered by the Department of Transportation (“DOT”) testing requirements will be tested in accordance with DOT regulations.

Applicants subject to pre-employment drug testing will be asked to sign a form acknowledging the procedures governing testing and consenting to (1) the collection of a sample for the purpose of determining the presence of alcohol or drugs, and (2) the release to the College of medical information regarding the test results. Refusal to sign the agreement and consent form, or to submit to the drug test, will result in the revocation of an applicant’s job offer.

b. Reasonable Suspicion Drug/Alcohol Testing

For purposes of this Reasonable Suspicion Drug/Alcohol Testing Policy, the term “employee” shall mean all full-time and part-time and regular and temporary employees of the College, including student employees.

To the extent permitted by law, if the College has a reasonable suspicion that an employee’s performance and/or behavior indicates that they are under the influence of alcohol, illegal drugs, or controlled substances, the College may require employees to undergo appropriate drug or alcohol testing. The College may suspend employees required to take a test based on “reasonable suspicion” until the results of the drug test are available to the College for review. Employees who experience significant work performance problems or who become involved in significant incidents or accidents which are reasonably believed to be caused by substance abuse may also be required to undergo appropriate drug testing.  Refusal to consent to drug and alcohol testing may be grounds for termination of employment.

The College may also require employees to undergo appropriate drug testing for the use of marijuana where (1) the College’s actions are required by federal or state statute, regulation, ordinance, or other state or federal governmental mandate; (2) the employee manifests specific articulable symptoms that decrease or lessen the employee’s performance of the duties or tasks of the employee’s position; (3) such specific articulable symptoms interfere with the College’s obligation to provide a safe and healthy workplace, free from recognized hazards, as required by state and federal occupational safety and health law; or (4) the College would otherwise be in violation of federal law or would result in loss of a federal contract or federal funding.

Any employee subject to testing under this reasonable suspicion drug/alcohol testing will be asked to sign a form acknowledging the procedures governing testing and consenting to (1) the collection of a sample for the purpose of determining the presence of alcohol or drugs, and (2) the release to the College of medical information regarding the test results. To the extent permitted by law, refusal to sign the agreement and consent form, or to submit to the drug test, will subject an employee to disciplinary action, up to and including termination.

To the extent required by law, the College will treat all drug testing-records as confidential.

8. College Resources and Efforts to Support a Drug Free Campus and Workplace

a. Resources Available to Employees

Health care benefits for treatment of alcohol and drug problems are available through the health insurance policy available to employees.

New employees receive new employee orientation and are provided with information regarding the Employee Assistance Program (“EAP”) managed by Capital EAP.  EAP services are free and confidential.  Contact information for the EAP is available in the Human Resources Office or on the Human Resources Office SharePoint site.

A member of the Employee Assistance Program usually attends the annual Employee Benefits Fair, is present at a table and is available not only for employee questions, but to provide information on the services.

The College complies with all regulations regarding drug testing for persons who hold a CDL License or operate College vehicles.

The College’s Safety Committee meets each semester and reviews employee accidents/injuries, collates trends and makes recommendations for safety improvements.

All Campus Safety Officers have been trained on the administration of Narcan. Narcan is contained in Campus Safety Officer’s “go bags”, which in addition to Narcan, contains basic first aid materials.  The go bags are located each patrol car.

Any employee who seeks rehabilitation through an inpatient program may be eligible for a leave of absence in accordance with the Family and Medical Leave Act.

b. Resources Available to Students

Health care benefits for treatment of alcohol and drug problems are available through the health insurance policy available to students.

Students may seek assistance with issues surrounding substance abuse at the Counseling Center which provides free short-term psychological services to students and provides consultation and referral to community services as appropriate for chronic, long-term issues.  All counseling is strictly confidential in accordance with established professional guidelines.  Services are provided or supervised by licensed professionals.  The Center is a training site for masters and doctoral students from related professional fields.

The College provides training on alcohol and drug abuse prevention to all new undergraduate students either through face-to-face sessions or online programming. The Office of Residence Life also offers programming over the course of the academic year that addresses substance abuse issues for resident students.

The College’s Office of Inclusion and Engagement also sponsors multiple events each month which provide students with alcohol/drug-free alternative programs. These events occur both on and off campus.

If a student needs to leave during a semester to seek rehabilitation through an inpatient program, the student can pursue a Leave of Absence per the Student Accommodation Policy.

9. Contact Information for On and Off Campus Resources

Counseling Center – 518.454.5200

Capital EAP – College’s Employee Assistance Program – 800.777.6531

Alcoholics’ Anonymous – 518.463.0906

Conifer Park – 800.989.6446

Hope House Inc. – 518.482.4673

Saint Peter’s Addiction Recovery – 518.458.8888

10. Local, State, and Federal Laws Relating to Unlawful Drug and Alcohol Use

In addition to the conduct standards relating to alcohol and other drug abuse set forth above, College Community Members are also required to abide by local, state, and federal laws governing consumption, sale, or possession of alcohol and other drugs.

a. City of Albany Local Laws

The City of Albany Alcoholic Beverages Code contains provisions relating to legal sanctions and penalties include:

i. §105-24 Restrictions

  1. The possession of alcoholic beverage in open containers in a public place is prohibited. Unless otherwise authorized and except as hereinafter provided, no person shall have in his possession, with intent to consume, an opened and unsealed bottle, can or other container containing any alcoholic beverage in or on any public place in the City of Albany or in any vehicle which is parked, being drawn or moving on or over a public place. This subsection shall not apply within the confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within.
  2. Consumption of alcoholic beverage in a public place is prohibited. Except as herein after provided, no person shall consume alcoholic beverages in or on any public place or in or on any vehicle which is parked, being drawn or moving on or over a public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within.
  3. Improper disposal of containers is prohibited no person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in or on any public place of any nature within the City of Albany or on any private property, unless and except that it is part of the act of depositing the same in a trash device specifically designed for the retention of trash.

ii. §105-25 Exceptions

  1. Notwithstanding any provisions of this article, it shall not be unlawful for any person to consume or possess with intent to consume an alcoholic beverage in or on any public place in the City of Albany, provided that such alcoholic beverage is consumed or possessed with intent to consume pursuant to a special event permit issued by the City Clerk of Albany.

iii. §105-27 Penalties for Offenses

  1. Any person committing an offense against this article shall be guilty of a violation punishable by a fine not to exceed one hundred fifty dollars ($150) or by imprisonment for a term not to exceed ten (10) days, or by both such fine and imprisonment, for the first offense, and by a fine not to exceed two hundred fifty dollars ($250) or imprisonment for a term not to exceed fifteen (15) days, or by both such fine and imprisonment, for a second or subsequent offense.

b. New York State Laws

i. Alcohol

Alcohol offenses and penalties in New York State are defined by the Alcoholic Beverage Control Law and Penal Law. These laws include possession with intent to consume while under age 21, driving while intoxicated, driving while ability is impaired by alcohol, driving after consuming alcohol while under age 21, furnishing alcohol to a person under age 21, selling alcohol to an intoxicated person, or providing false identification. In addition, New York State General Obligations Law imposes personal injury liability for damages resulting from furnishing alcohol to person under age 21 or selling alcohol to an intoxicated person. While not exhaustive, a summary of offenses and penalties is provided below:

Offense Penalty
Serving Alcohol to Persons Under 21 Up to 1 year in jail, $1,000 fine
Misrepresenting the age of a person under the age of 21 for inducing the sale of any alcoholic beverage (NYS Alcoholic Beverage Law Control § 65-a) A fine of not more than $200, or imprisonment of up to 5 days, or both
Persons under 21 purchasing or attempting to purchase alcohol through fraudulent means (NYS Alcoholic Beverage Control Law § 65-b) 1st Violation: A fine of not more than $100 and/or up to 30 hours of community service. Also, the court may order completion of an alcohol awareness program.

 

2nd Violation: A fine of $50 to $350 and/or up to 60 hours of community service. Also, the court shall order completion of an alcohol awareness program if not previously completed, unless there is no such program reasonably available to the offender.

 

3rd and subsequent violations: A fine of $50 to $750 and/or up to 90 hours of community service, ordered evaluation by an appropriate agency to determine whether the person suffers from the disease of alcoholism or alcohol abuse. Payment for such evaluation shall be made by such person. If person elects to participate in recommended treatment, the court shall order that payment of such fine and community service be suspended pending the completion of such treatment.

 

In addition to these penalties, the court may suspend such person’s license to drive a motor vehicle and the privilege of an unlicensed person of obtaining such license: 1st violation: a 3-month suspension; 2nd violation: a 6-month suspension; 3rd or subsequent violation: a 1-year suspension or until the holder reaches the age of 21, whichever is the greater period.
Persons under 21 years possessing alcohol with the intent to consume such beverage (NYS Alcoholic Beverage Control Law § 65-c) A fine up to $50 and/or completion of an alcohol awareness program and/or up to 30 hours of community service.
Driving While Ability Impaired (.05-.07 blood alcohol content) (NYS Vehicle and Traffic Law § 1193) 1st Violation: Up to 15 days in jail, $300 – $500 fine, 90-day license suspension

 

2nd Violation in 5 years: Up to 30 days in jail, $50 – $750 fine, minimum of 6 months license revocation

 

3rd Violation in 10 years: Up to 180 days in jail,  $750 – $1,500 fine, minimum 6 months license revocation
Driving While Intoxicated (blood alcohol content greater than or equal to .08) (NYS Vehicle and Traffic Law § 1193) 1st Violation: Up to 1 year in prison, $500 to $1,000 fine, minimum 6-month license revocation

 

2nd Violation in 10 years: Up to 4 years in prison, $1,000 – $5,000 fine, minimum 6-month license revocation
Operating a Motor Vehicle After Consuming Alcohol While Under 21 (NYS Vehicle and Traffic Law § 1193) 1st Violation: 6-month license suspension and $125 civil penalty

 

2nd Violation: 1-year license revocation (or until age 21) and $125 civil penalty
Possession of Open Container in a Motor Vehicle (NYS Vehicle and Traffic Law § 1227) Up to 15 days in jail, up to $500 fine, or both

 

ii. Marijuana

On March 31, 2021, New York State legalized adult-use marijuana by passing the Marijuana Regulation and Taxation Act (“MRTA”). The MRTA modified criminal violations and penalties relating to the sale and possession of marijuana.

  • It is legal for adults 21 years of age or older to possess, purchase, or transport up to three (3) ounces of marijuana and up to twenty-four (24) grams of concentrated marijuana. There is no penalty for adults 21 years of age or older to possess up to three (3) ounces of marijuana or up to twenty-four (24) grams of marijuana concentrates.
  • It is legal for adults 21 years of age or older to give or transfer up to three (3) ounces of marijuana and up to twenty-four (24) grams of concentrated marijuana to another person 21 years of age or older, as long as it is given without payment.
  • It is illegal for anyone under age 21 to buy, possess, or use marijuana.
  • Individuals who smoke marijuana in a public location where it is not permitted can face civil penalties and can be fined up to $25 or directed to perform twenty (20) hours of community service.

While not exhaustive, a summary of offenses and penalties is provided below:

Offense Penalty
A person is guilty of unlawful possession of marijuana when they knowingly and unlawfully possess marijuana that weighs more than three (3) ounces or concentrated marijuana that weighs more than twenty-four (24) grams. Fine of up to $125
A person is guilty of criminal possession of marijuana in the third degree when they knowingly and unlawfully possess (1) marijuana that weighs more than sixteen (16) ounces; or (2) concentrated marijuana that weighs more than five (5) ounces. Class A Misdemeanor
A person is guilty of criminal possession of marijuana in the second degree when they knowingly and unlawfully possess (1) marijuana that weighs more than five (5) pounds; or (2) concentrated marijuana that weighs more than two (2) pounds. Class E Felony
A person is guilty of criminal possession of marijuana in the first degree when they knowingly and unlawfully possess (1) marijuana that weighs more than ten (10) pounds; or (2) concentrated marijuana that weighs more than four (4) pounds. Class D Felony
A person is guilty of unlawful sale of marijuana when they knowingly and unlawfully sell marijuana or concentrated marijuana. Fine of up to $250.
A person is guilty of the criminal sale of marijuana in the third degree when (1) they knowingly and unlawfully sell more than three (3) ounces of marijuana or more than twenty-four (24) grams of concentrated marijuana; or (2) being 21 years or older, knowingly and unlawfully sell or give, or cause to be given or sold, marijuana or concentrated marijuana to a person under 21 years. Class A Misdemeanor
A person is guilty of criminal sale of marijuana in the second degree when (1) they knowingly and unlawfully sell more than sixteen (16) ounces of marijuana or more than five (5) ounces of concentrated marijuana; or (2) being 21 years or older, knowingly and unlawfully sell or give, or cause to be given or sold, more than three (3) ounces of marijuana or more than twenty-four (24) grams of concentrated marijuana to a person less than 18 years. Class E Felony
A person is guilty of criminal sale of marijuana in the first degree when they knowingly and unlawfully sell more than five (5) pounds of marijuana or more than two (2) pounds of concentrated marijuana. Class D Felony
A person is guilty of aggravated criminal sale of marijuana when they knowingly and unlawfully sell marijuana or concentrated marijuana weighing 100 pounds or more. Class C Felony

 

iii. Controlled Substances

The State of New York Penal Law defines a wide range of offenses and penalties for possessing or distributing controlled substances (other than marijuana). These sanctions can include imprisonment, fines, assigned community service, and loss of federal student financial aid eligibility. In addition, driving a motor vehicle with ability impaired by drugs is subject to the New York State law and sanctions. The State of New York Public Health Law prohibits selling or possessing a hypodermic needle without a doctor’s written prescription; manufacturing, selling, or possessing with intent to sell an imitation of a controlled substance. While not exhaustive, a summary of offenses and penalties is provided below:

Offense Penalty
Possession and Sale (Degree depends upon substance, amount of substance, age of purchaser, and prior record) Seventh degree: Class A Misdemeanor

Fifth Degree: Class D Felony

Fourth Degree: Class C Felony

Third Degree: Class B Felony

Second Degree: Class A-II Felony

First Degree: Class A-I Felony

 

c. Federal Law

Possession, use, or distribution of controlled substances is prohibited by federal law. Controlled substances include but are not limited to heroin, lysergic acid diethylamide (“LSD”), marijuana (although New York State has legalized the use of marijuana, the College is subject to federal laws that continue to prohibit the possession, use, or distribution of marijuana for any reason or purpose. ), ecstasy, cocaine, methamphetamine, and certain steroids and prescription drugs. 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 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 small amount of substances is considered a felonious offense and may result in a lengthy jail sentence, including life imprisonment.

An outline of the federal penalties for trafficking controlled substances is attached to this Policy as Appendix 1.

In addition, Section 484(r) of the Higher Education Act of 1998 (20 USC § 1091) provides that a student’s eligibility for federal student aid may be suspended upon conviction under federal or state law for any offense involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance. Eligibility may be regained upon completion of a drug rehabilitation program that meets statutory and regulatory requirements or if the conviction is overturned.

11. Reporting Requirements

In addition to the policies and information stated above, any College faculty member, administrator, staff member, or student employee engaged in activities supported by a federal grant or contract must report any criminal conviction related to possession or use of a controlled substance in the workplace to the College’s Human Resources Office within five (5) calendar days of conviction. The term “conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence or both by any judicial body charged with the responsibility to determine violations of state or federal criminal drug statutes. If the reporting employee works directly or indirectly on a federal grant or contract, the College will notify the appropriate federal agency, so that the appropriate granting or contracting agency can be notified in a timely manner, but not more than ten (10) days after receiving notice of an employee’s criminal drug statute conviction for a violation occurring in the workplace.

12. Review

The College will conduct a biennial review of this Policy and its programs to determine the effectiveness in meeting the requirements of the Drug-Free Schools and Communities Act Amendments of 1989 and the Drug-Free Workplace Act of 1988 and to ensure that disciplinary sanctions are consistently enforced.

Emergency Administrative Action

In rare circumstances, should an individual pose an immediate danger to, or severely disrupt the College community or endanger themselves or any other individual, Emergency Administrative Action may be taken by the Associate Vice President for Student Development and/or the Director of Safety and Security with approval of the President and/or Chief of Staff upon the recommendation of the Campus Response Team.  Actions may include, but are not limited to, relocating an individual within on-campus housing, restricting activities of the individual on campus, removing the individual from the College community (residence hall, classrooms) until an individualized support plan can be developed to mitigate risk and promote campus well-being and success within existing College community standards and policies.  If relevant, the individual will receive written preliminary community standards charges within five (5) business days of the Emergency Administrative Action and information regarding a community standards review hearing.  In matters when the circumstances are so significant that New York State, county, or local public safety agencies are involved, they have priority in the decision-making process.

Federal/State/Local Laws

Conduct which allegedly violates federal, state and/or local laws is considered a violation of College policy and is prohibited.

If a student has any questions regarding the College’s compliance with federal, state or local regulations, they should consult the Office of Student Development.

Fire and Fire Safety

Fire & Fire Safety as it Relates to Building Evacuation
In the case of emergency or emergency drills, failure to leave or preventing a College official from evacuating a building is prohibited.

Fire & Fire Safety as it Relates to Fire Safety Equipment
Tampering with fire or safety equipment (i.e. fire alarms, door alarms, fire extinguishers, exit signs, emergency phones, fire doors, sprinklers, or smoke or heat sensors) is a violation of law and can result in a criminal penalty as well as community standard action and a fine.  Hanging mirrors on room doors with an over the door hook is prohibited as it interferes with the fire door being able to close automatically and completely.

Activation of fire alarms due to reasons including, but not limited to, cooking, hair spray use, smoking, candles, incense, etc. will result in a fine. Community standard action may be taken if repeated alarm activations occur in same location by the same student.

Fire & Fire Safety as it Relates to Prohibited Items

Due to fire safety regulations, the following items are prohibited in the residence halls:

  1. Air Conditioners
  2. Candles (burned or unburned, and with or without a wick)
  3. Curtains or fabric decorations of any type, including, but not limited to, tapestries, vines, macrame hangings, canvas, etc.
  4. Electric Coils
  5. Extension cords*
  6. Flammable or explosive liquids or gases, including lighter fluid
  7. Halogen Lamps
  8. Incense
  9. Lava Lamps
  10. Live Christmas trees
  11. Portable heaters not provided by the College
  12. Potpourri
  13. Sun Lamps
  14. Wax burners

Any illegal items will be confiscated by Staff or Security.  In addition, if an item is deemed to be not allowed by the College or outside Fire Safety personnel, the item will be confiscated.

*Extension cords with a surge protector and an on/off switch are permitted.

Fire & Fire Safety as it Relates to Mandatory Fire Safety Prevention Meetings
Attendance at annual fire safety/crime prevention meetings is mandatory for all resident students.

Freedom of Expression

The College of Saint Rose considers freedom of inquiry, discussion and expression essential to a student’s educational development.  Thus, the College recognizes the rights of all students to engage in discussion, to exchange thought and opinion, and to speak, write, print or express freely on any subject in accordance with the guarantees of our state and national constitutions.  This broad principle is a cornerstone of education in a democracy.  Any items hung around the campus must conform with the Campus Poster Policy.

Further, the College endeavors to develop in our students a realization that all citizens not only have the right, but the obligation, to inform themselves regarding these issues and to give expression to them.  However, in discharging the right and obligation of citizenship, students must also recognize their responsibilities to individuals, to the College and to the state and nation.  Therefore, orderly and dignified expression is expected.  Hate speech or other bias behavior will not be tolerated and will be dealt with through the Student Community Standards Process.  Bias behavior is hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair.  Responsible behavior indicates that the names of individuals or organizations sponsoring literature or other material distributed should appear on the material.  No individual or group may state or imply that they are a College group or committee without following the proper steps.

Student groups may freely select persons, films and other programs they wish to invite.  A clear and present physical danger is the only basis for rejection of a program.

There are no restrictions to control the point of view expressed by a guest other than those imposed by state or federal laws.  Approval of a program does not necessarily imply agreement or sponsorship from the College of any of the view(s) presented.

In order to provide for appropriate hospitality for representatives of state, federal, or foreign governments, the Office of the President should be notified when such invitations are confirmed.

Furnishing False Information

Furnishing False Information as it Relates to Written or Oral Statements
Furnishing a written or oral statement known to be false is prohibited.

Furnishing False Information as it Relates to Emergency Reporting or Threat
Falsely reporting a bomb, fire, or any other emergency by means of activating an alarm or by any other method is prohibited. Students who falsely report a bomb, fire, or any other emergency may be removed from campus housing and/or the College depending on the severity of the incident.

Gambling

Gambling is strictly prohibited on campus or within College facilities in accordance with civil law.

Good Neighbor

We encourage students to gather together responsibly both on- and off-campus. We recognize that we are part of an urban neighborhood within the City of Albany.  It is important that as members of the community we respect our neighbors both on-and off-campus.  The City of Albany maintains a local noise ordinance between the hours of 8:00pm – 6:00am which prohibits, “any noise that annoys, injures, or endangers the comfort, repose, health or safety of a reasonable person of normal sensitivities.”

Hazing

Hazing includes intentional or reckless conduct in the course of a person’s initiation into or affiliation with an organization which creates a substantial risk of physical injury, whether or not an injury actually occurs. Acts of this nature are considered hazing whether or not a person willingly participates in such activities.

Specifically, students shall not:

  1. Engage in any act which endangers the mental, emotional, or physical health or safety of a student for the purpose of initiation, admission into, affiliation with, or continued membership in any organization or team whose members are or include students of The College of Saint Rose.
  2. Engage in any action where an individual is encouraged to engage in conduct of an unbecoming or humiliating nature, or which in any way detracts from an individual’s academic pursuits for the purpose of initiation, admission into, affiliation with, or continued membership in any organization or team whose members are or include students of The College of Saint Rose.
  3. Engage in any acts such as whipping, beating, branding, forced calisthenics, exposure to the elements, paddling, creating excessive fatigue, work sessions, physical or psychological shock, wearing apparel which is conspicuous and/or containing language or graphics which another individual might find offensive, public stunts, morally degrading or humiliating games or events, or that encourage the forced/abusive consumption of any food, liquid, alcohol, drugs or other substances.
  4. Engage in any activity which could subject the individual to mental stress such as sleep deprivation, forced exclusion from social contact, forced contact which could result in embarrassment, or any other activity which could adversely affect the mental health or dignity of the individual.
  5. Engage in any act of hazing based on bias behavior.  Bias behavior is any hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair.

In addition to being in violation of the Community Standards, hazing is in violation of New York State Penal Law.

Any allegations of hazing will be handled under the Community Standards Review Process.

Infliction or Threat of Bodily Harm

Students shall not:
a. inflict bodily harm.
b. take any action for the purpose of inflicting bodily harm.
c. take any action that creates a substantial risk such that bodily harm could result.

Additionally, students shall not threaten to subject another person to:
a. physical harm.
b. unwanted physical contact.
c. ethnic slurs, personal insults, and/or obscenities at another person or group of people, or engage in any conduct that would reflect negatively on the College’s mission.
d. physical harm based on bias behavior.
e. unwanted communication, including, but not limited to: in person, phone, email, text message, dating websites, social media, or any other form of electronic communication.

This includes willful and repeated harm inflicted through the use of computers, cell phones, cameras, and other electronic devices. For the purposes of this policy, social media is defined as any form of electronic communication through websites, browsers, or digital applications. Examples include, but are not limited to, Twitter, Facebook, Instagram, Snapchat, and TikTok.

Infliction or threat of bodily harm that is based on bias is not tolerated and includes any hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person, or group, compared to another, usually in a way considered to be unfair.

Students found in violation of the infliction or threat of bodily harm policy may be removed from campus housing and/or the College depending on the severity of the incident.

Lost and Found

The College is not responsible for any books or personal articles left in buildings or elsewhere on the campus.  Articles left in buildings when the College is in regular session, or on the campus overnight, will be turned in daily to the lost and found located in Campus Security.  Lost items and other personal articles not properly labeled in designated storage areas will be deemed abandoned and disposed of at the discretion of the College.

Missing Residential Student Notification Policy

Policy
In accordance with the Higher Education Act of 2008 (20 U.S.C. §1092(j)), The College of Saint Rose (“Saint Rose”) has established these Policies and Procedures. This Policy applies to all Saint Rose Residential Students (as defined below).

Definitions:

  • Emergency Contact – Anyone designated by the student who can be contacted in case of an emergency, such as if the student is missing. A student may update his/her Emergency Contact(s) through MyStudentHousing on the Secure Site (https://bannerweb.strose.edu).
  • Missing Student – A residential student who is absent from Saint Rose without any known reason, who is reported missing and a preliminary investigation fails to locate the student. In most instances, a student will not be deemed a Missing Student for at least 24 hours.
  • Residential Student – A currently enrolled Saint Rose student who lives in a facility owned or operated by Saint Rose, including, a dormitory/residence hall, apartment, or house.
  • Security – Saint Rose’s Department of Safety and Security.
  • Local Law Enforcement Agencies – Any agency or agencies employing peace officers or police officers for the enforcement of the laws of New York, and which has or have jurisdiction under provisions of the criminal procedure law over offenses occurring at or on the grounds of Saint Rose, subject to the provisions of this section. In this case, local law enforcement will mean the Albany Police Department.

Information for Students:

  • A student has the option to identify an Emergency Contact who can be contacted by Saint Rose not later than 24 hours after it is determined that the student is a Missing Student.
  • A student may register confidential contact information that can be used if the student is a Missing Student for more than 24 hours. Depending upon the circumstances, the College may contact the student’s confidential contact without waiting for 24 hours.
  • If any student who is under 18 years of age and not emancipated is determined to be a Missing Student, then Saint Rose is required to notify that student’s custodial parent or guardian not later than 24 hours after the student is determined to be a Missing Student.
  • Saint Rose will initiate Emergency Contact procedures in accordance with the student’s designation if Security and/or the Albany Police Department are notified and make a determination that the student is missing for more than 24 hours and has not returned to campus.

Procedures:

  • A report of a Missing Student, from any and all sources, should immediately be provided to the Security Director or designee who shall initiate a preliminary investigation which will include the following:
    • The Security Director or designee shall notify the Director of Residence Life and the Associate Vice President for Student Development or designee. The Associate Vice President for Student Development or designee, in consultation with the Security Director shall initiate whatever action he or she deems appropriate under the circumstances in the best interest of the missing student.
    • The Associate Vice President for Student Development will notify the Chief of Staff or the President of the College.
    • The Security Director will notify the Albany Police Department as soon as practical regarding the Missing Student, but in no case more than 24 hours after a report that a Residential Student is missing from campus.
  • The preliminary investigation by Security shall include one or more of the following, as required by the circumstances:
    • Checking the residence of the student, ordinarily with a representative from Residence Life, and talking with known associates;
    • Calling any phone numbers the student has on file with Saint Rose;
    • Searching on campus public locations;
    • Contacting known friends, family or faculty members for last sighting or additional contact information;
    • Contacting Student Development or academic departments to seek information on last sighting or other contact information;
    • Reviewing card access logs to determine last use of the card and track the card for future uses;
    • Reviewing vehicle registration information for the student’s vehicle location and distribution to appropriate authorities; and/or
    • Looking up College Network logs for last login and the use of the Saint Rose email system; and
    • If necessary, coordinating with local law enforcement agencies.
  • Either concurrently with the preliminary investigation or if the preliminary investigation fails to yield the location of the Missing Student, Security and/or the Associate Vice President for Student Development or designee, shall contact the student’s emergency contact person. If the Missing Student is under the age of 18 and not emancipated, the student’s custodial parent or guardian as noted in Saint Rose’s records will be notified within 24 hours of the determination that the student is missing.
  • If these contacts fail to yield the location of the Missing Student, Security will file a missing person’s report with the Albany Police Department. At his/her discretion, the Security Director may notify the Albany Police Department immediately upon a report of a Missing Student, but not longer than 24 hours after student is reported missing.
  • Saint Rose employees will immediately report any suspicious findings to the Albany Police Department during any step of this process.
  • Saint Rose and the Albany Police Department have entered into a written agreement providing for the prompt investigation of Missing Students, which can be found in the Memorandum of Understanding.

Musical Instruments

Musical Instruments as it Relates to Residence Halls
Musical instruments are allowed in the residence halls for the purpose of practicing. Students may practice during times not designated as “Quiet Hours” providing there is no disruption to any of their fellow residents.  In general, sound should not travel outside the confines of your own room.

Percussion instruments other than a drum practice pad are not allowed in any residence hall. Brass players must use a mute.

Students are under a continuous obligation to be respectful of each other at all times.

Musical Instruments as it Relates to Electrical Amplification
Electrical amplification of any instrument is not permitted. While storage of electrical amplification is allowed, electrical amplification cannot be used nor plugged in while stored in a student’s space.

Musical Instruments as it Relates to Final Examinations
In an effort to provide support for academic success, a week prior to, and during, final examinations, quiet hours are from 8 pm to 12 noon.  There will be no practicing of musical instruments permitted in the residence halls during this time.

Non-Compliance with a Reasonable Request

Failure to comply with reasonable and lawful requests or directions by a designated College official is prohibited. In addition, interfering with students, faculty, or staff acting in the performance of their official duties is prohibited.

Other minors on campus Policy

This “Other Minors on Campus” Policy applies to: (i) general public events and spaces on campus where parents or guardians are invited and are expected to accompany and provide supervision to the minors in their care; (ii) College employees, students, and other College community members/personnel who wish to bring minors, including their own minor children, to the College Campus for any reason other than registered attendance at a minor-attended program (see Minor-Attended Program on Campus Policy); and (iii) minors on campus pursuant to any other reason, such as an authorized internship, prospective student visit,  or other supervised gathering, but not including minors on campus for a Program covered by the College’s Minor-Attended Program on Campus Policy.  For individuals looking to discuss options under the Minor-Attended Program on Campus Policy, please contact the Associate Vice President for Human Resources.

The foregoing circumstances require, at all times, line of sight supervision by the parent, guardian, or supervisor for minors under the age of eighteen (18).  A reduced level of supervision may be authorized for circumstances falling under “(iii)” above, in consultation with the Associate Vice President for Human Resources and Risk Management.

A. Employees, Personnel, and Students

Generally, employees, students, and any other personnel of the College of Saint Rose (the “College”) should not bring minor children in their care to work or school on a regular basis. If this occurs, direct line of sight supervision is required.

Employees, personnel, and students may obtain approval to bring a minor to the workplace/school on rare occasions for a justifiable reason such as a family emergency, provided, however, that:

  • The need is urgent and non-recurring;
  • approval is sought and received;
  • the minor child is constantly supervised by the parent/guardian;
  • the minor child is not left with other employee and community members;
  • the minor child does not interfere with workplace or school/classroom activities;
  • the duration is short;

Employees/personnel should seek approval from their supervisor and the Office of Human Resources. Such persons may contact the Office of Human Resources with questions regarding bringing minor children to campus.

Minor children are not allowed in classrooms with a student while classes are in session unless permission is granted by the faculty member teaching the class. Minor children should not be left unattended while the parent or guardian is attending class or conducting other business or social function on campus. If a minor becomes disruptive the faculty member may require the student and minor to leave.

In Residence Halls: Students of the College may not bring minor children into any of the College’s residence halls; except, that, Students of the College may bring minor family members to their residence hall for a daytime visit during move-in weekend, family weekend, and move out weekend. In extenuating or irregular circumstances, a student may seek approval for an exception to this rule through the office of Student Development.

B. Other Reasons

Minors may be on campus for other authorized reasons, such as an internship, or other prospective student event (at which parents and guardians are not also invited). Each such instance must have a designated adult College employee who will be responsible for ensuring that the minor is adequately supervised on Campus by adult College employees who have satisfied the College’s background check policy.

If a student will be participating in hosting a minor student for an event, that student must not be a minor, must undergo a student conduct check at the Human Resources office, and must have acknowledged their review of the College’s Community Standards, Policies and Procedures, in addition to any other program or regulatory body specific policies.

A Parent/Guardian Consent, Waiver & Indemnification Form must be executed for overnight visits and participation in dangerous activities.

C. General Visitors to Campus

Line of sight supervision is required. The parent or guardian must not leave a minor unattended at any College function or activity.

The parent or guardian must assure that minors are not disruptive to others. Minors and guests not meeting relevant College community conduct standards may be asked to leave campus.

Property

College Property
Damage, destruction, or defacement of College property or property of any member of the College community is prohibited.  Misuse or damage to elevators is strictly prohibited. Resident students are financially responsible for any loss or damage to their room.  Students will be held equally responsible for damages to the residence hall when it cannot be ascertained who is responsible for the damage or loss.  The removal of College furniture from lounges, public areas, or other rooms is prohibited and will be treated as theft.  Students may not remove items furnished by the College from their room.  The student shall make no alterations to their bedroom, shared living space, or building in which they reside. This includes, but is not limited to, altering living space for recreational purposes, painting, and removal/disconnection/installation of fixtures, furniture, equipment, or appliances (where applicable) situated therein without the express written consent of the College.  Possession of water beds, lofts (except those provided and installed by the College), as well as any illegal elevation or stacking of beds, is prohibited.

Personal Property
The College accepts no responsibility for loss of personal property due to theft, fire, or other causes.  Students are advised to carry insurance on their personal property, either through their family homeowner’s policy or by separate coverage.  Since most burglary insurance is collectable only when access is gained to a room by forcible entry, residents are encouraged to keep their rooms locked.  The College offers personal property coverage through Haylor, Freyer and Coon.  In circumstances where one student is responsible for damaging the property of another student, the College is not responsible for arranging payment methods, collecting payment, or the replacement of said payment.

In the event of an unplanned facility issue during the academic year (including, but not limited to break periods), the College is authorized to have individual student belongings in personal and/or common areas packed, catalogued, and moved to a locked, secure location under the supervision of Saint Rose Security. This will allow the College to remedy such facility issues in a timely fashion. In addition, the College is authorized to take any measures necessary to restore damaged belongings if possible. Students will be contacted through authorized College personnel as quickly as possible and will be provided with updates as appropriate and necessary.

Public Order

In compliance with the provisions of §6430 of Article 129-A of the Education Law of New York State (N.Y, Educ. Law §6430), the trustees of The College of Saint Rose have adopted rules (a) for implementing all policies required by Article 129-A, (b) the maintenance of public order on its campus and other college property used for educational purposes, and (c) the enforcement of these rules. Such rules prohibit, among other things, any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization. Such rules govern the conduct of students, faculty and other staff as well as visitors and other licensees and invitees on such campuses and property. The penalties for violations of such rules are clearly set forth herein and in other policies and handbooks establishing the rules and include provisions for the ejection of a violator from such campus and property, in the case of a student or faculty violator his or her suspension, expulsion, or other appropriate disciplinary action, and in the case of an organization which authorizes such conduct, rescission of permission for that organization to operate on campus property. Such penalties are in addition to any penalty pursuant to the penal law or any other law to which a violator or organization may be subject.

We recognize that in matters of this sort in particular, full and prompt communication among all components of our College community is highly desirable, and that to the extent time and circumstances permit, such communication should precede the exercise of the authority, discretion and responsibilities granted and imposed in the following rules, regulations and procedures:

  1. These rules, regulations and procedures shall apply as appropriate at all times to all persons (students, faculty, staff, visitors, invitees, licensees, vendors, third parties, and trespassers) on the campus or other College property used for educational purposes, and this includes not only those persons associated with the regular academic sessions of the College, but also those present for special programs, such as those held during the summer. All of the participants in such special programs, other than members of the Saint Rose faculty and staff, shall be deemed invitees.
  2. All disruptions of public order shall be dealt with by the College authorities according to the established system of rules, regulations, and procedures set forth in the College’s Faculty Manual, Student Community Standards, Policies and Procedures, and Employee Handbook as supplemented herein.
  3. Disruptions of public order include the following without limitation thereto:
    • violence or threats that unduly restrict the movements or activity of authorized personnel;
    • destruction of College property;
    • undue noise or other interference which disrupts the carrying out of an academic or noncurricular activity of the College;
    • any other gross misconduct which interferes with proper activities of the College.
  4. When, in the judgment of a College Officer or designee, who has been specifically designated for the purpose, the normal procedures have failed to maintain proper order, the College Officer or designee shall put the following into effect:
    • if deemed that extreme circumstances exist, the College Officer or designee shall summon the appropriate law enforcement agency or agencies to quell the disrupters and eject them from the campus. This is an extreme measure to be used only in the event of grave emergency;
    • if deemed the disruption not such as to require the intervention of a law enforcement agency, the College Officer or designee shall offer a specific invitation to meet with the disrupters at some stated place and time in the immediate future for the purpose of constructive discussion which may continue without limit provided there is no interference with the conduct of any College activity or access to any College-controlled facility;
    • if this invitation is not accepted, or if after such time as the College Officer or designee deems reasonable under the circumstances there shall have been no sufficient progress, the following steps shall be taken:
      • the College campus shall be declared closed to outsiders without legitimate business on the campus. Violators shall be liable to treatment as trespassers;
      • the College Officer or designee shall declare the disrupted area off-limits to all students, faculty, staff members and other College personnel, as well as to all visitors, invitees and licensees, except those designated by the College Officer or designee to enter it;
      • the College Officer or designee shall warn the disrupters that unless the disruption ends by a specified time, a court injunction seeking their immediate ejection from the campus will be sought;
      • if the disruption persists, the College Officer or designee shall apply forthwith to a court of competent jurisdiction for an injunction and temporary restraining order requiring the disrupters to cease their disruption or be ejected from the campus, subject to whatever penalties the court may impose;
      • if the court order must finally be served, those disrupters affected by the order, whether they are students, faculty, staff or other employees of Saint Rose, or others, will be subject to applicable judicial procedures.
  5. Any action or situation occurring on the Saint Rose College campus or on other College property used for educational purposes, which recklessly or intentionally endangers the mental, emotional or physical health and/or safety of a student for the purpose of initiation or admission into, or continued affiliation with, any organization or team (popularly referred to as hazing) is prohibited. This prohibition includes:
    • any action where an individual is encouraged to engage in conduct of an unbecoming or humiliating nature, or which in any way detracts from an individual’s academic pursuits
    • brutality of a physical nature such as whipping, beating, branding, forced calisthenics, exposure to the elements, paddling, creating excessive fatigue, work sessions, physical or psychological shock, wearing apparel which is conspicuous and/or containing language or graphics which another individual might find offensive, public stunts, morally degrading or humiliating games or events;
    • forced consumption of any food, liquid, liquor, drug, or other substances;
    • other forced activity which could adversely affect the mental or physical health or safety of the individual;
    • any act of hazing based on bias behavior.  Bias behavior is any hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person, or group compared with another, usually in a way that is considered to be unfair; or
    • any activity which could subject the individual to mental stress such as sleep deprivation, forced exclusion from social contact, forced contact which could result in embarrassment, or any other activity which could adversely affect the mental health or dignity of the individual.
    • This prohibition shall:
      • apply to students, faculty and staff, as well as to visitors and other licensees, vendors, third parties, invitees and trespassers on the College’s property described above, and
      • be deemed to be part of the by-laws of all organizations operating on such College property. Each organization operating on such College property must review annually such by-laws with individuals affiliated with it.
  6. Notwithstanding the pendency or termination of criminal or civil proceedings with reference to the same conduct by independent or parallel action, the College may bring students, faculty, staff and other members of the community before appropriate collegiate bodies for such actions as individual cases may warrant.
  7. Penalties for violations of the provisions of these rules, regulations, and procedures (which penalties shall be in addition to any penalty provided for in the New York State penal law or any other New York or federal law to which a violator may be subject) shall include the following:
    • violators who are neither students nor members of the faculty or staff shall be subject to ejection from such College property;
    • for students the procedures shall be those set forth under “Community Standards, Policies and Procedures,” and may result in disciplinary action of the most severe kind, including suspension or dismissal;
    • for faculty the procedures shall be those set forth in the applicable Faculty Manual;
    • for staff and other employees of the College, normal procedures appropriate to the determination of their rights and responsibilities shall be followed, and may also result in suspension or dismissal;
    • any organization which authorizes conduct prohibited by these rules, regulations and procedures shall be subject to the rescission of its permission to operate on such College property.

Quiet Hours

Quiet Hours in the Residence Halls exist to support the academic mission of The College of Saint Rose. As a member of the residential community, students are expected to contribute to the maintenance of an environment conducive to the sleep and study needs of others. Residents are expected to attempt to resolve problems by speaking politely and directly to others in the community about disruptive noise. As a result, residents are expected to comply with requests from other community members to cease bothersome noise or activity. The RAs will assist residents in bringing these issues forward for discussion and address reoccurring concerns.  

Quiet Hours as it Relates to Residence Halls
The quiet hours for all residence halls are:

  • 11pm – 8am on Sunday – Thursday
  • 1am – 9am on Friday and Saturday.

Residents are expected to be considerate of their neighbors during all hours of the day and help keep an atmosphere conducive to both sleep and study.  To help keep this atmosphere, conversations, music, television, and other electronic devices must be kept at a level where they cannot be heard outside of the residents’ room.

Quiet Hours as it Relates to Courtesy Hours
24 hour courtesy hours are enforced daily. Regardless of the time of day, residents are expected to keep noise to a minimum and maintain a positive living atmosphere. Residents should always comply with requests from their neighbors to cease bothersome noise or activity.

Quiet Hours as it Relates to Final Examinations
In an effort to provide support for academic success, a week prior to, and during, final examinations, quiet hours are from 8 pm to 12 noon.

Residence Hall Regulations

Students shall not violate any regulation established within the housing contract/occupancy agreement or any supplemental rules communicated by the Office of Residence Life.  Engaging in any other activity determined to be in violation of health, fire, safety, and/or maintenance codes is prohibited. Please see the Residence Life section of the website for more information concerning residence hall regulations.

Retaliation

It is a violation of federal and state law and our community standards for any employee or student to retaliate against any Covered Individual for engaging in any protected activity under the Violence Against Women Act, the Clery Act, Title VI, Title VII, Title IX, the New York State Human Rights Law, the ADA, the Rehabilitation Act, the ADEA, and other federal and state civil rights laws. Retaliation resulting from an individual’s protected activity (i.e., opposition to prohibited discrimination or participation in a statutory complaint process) is also prohibited. This prohibition applies to anyone on the College campuses.

Unlawful retaliation can be any action, more than trivial, that would have the effect of dissuading a reasonable employee or student from making or supporting a charge of harassment or any other practices forbidden by the Law. Actionable retaliation can occur after the individual is no longer employed by, or enrolled at, the College. This can include, for example, giving an unwarranted negative reference for a former employee or former student.

This includes retaliating against a Covered Individual who opposes a discriminatory practice, makes a good faith complaint about Discriminatory Practice(s), or furnishes information or participates in any manner in an investigation of such a complaint.

Retaliation includes any conduct directed at someone because they engaged in such protected activity, which might deter a reasonable Covered Individual from making or supporting a charge of harassment or discrimination. Protected activity can include any of the following:

  • filing a complaint of discrimination or harassment, either internally with the College, or with any anti-discrimination agency,
  • testifying or assisting in a proceeding or investigation involving discrimination or harassment,
  • opposing discrimination or harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of discrimination or harassment,
  • complaining that another Covered Individual has been discriminated against or harassed,
  • encouraging another Covered Individual to report discrimination or harassment, and
  • requesting an accommodation for a disability or a religious practice.

Retaliation is unlawful and will not be tolerated. Any individual found to have engaged in retaliation will be subject to disciplinary action, up to and including, termination of employment and/or dismissal from the College.

Room Changes

Changing or switching rooms without approval from the Office of Residence Life is prohibited.  Residents must keep unassigned space available for occupancy and must welcome new students in a hospitable manner.  Students are expected to maintain the space in such a manner as to allow another student to move in immediately. Students may not refuse another College-assigned student the use of an unoccupied bed.  Penalty incurred may be a student community standards and policy review hearing and/or reassignment to another space.

Skateboards and Recreational Vehicles

For the safety of all members of the College, the use of skateboards, roller skates, roller blades, and human powered cycles (bicycles, unicycles, etc.) is prohibited within all buildings on campus.  Use of these devices is permitted on walkways and paths as long as the right of way is granted to pedestrians.  Riding such devices on walls, benches, stairs, curbs, ramps, railings and the like is prohibited.

Due to safety concerns regarding fire safety and operator safety, items with a lithium ion rechargeable battery are not permitted to be stored or used anywhere on campus.  The includes but is not limited to hoverboards, self-balancing scooters, battery or gas operated scooters, hands-free Segways, and electric powered skateboards.

Smoke and Tobacco Free Campus

  1. Consuming, or distributing any tobacco, vape or vape-related product is strictly prohibited in all College campus buildings, on the grounds of the campus, and on off-campus properties owned, leased, or rented by the College.
  2. Consuming, or distributing any tobacco, vape or vape-related product is strictly prohibited in all College owned, leased, or rented vehicles.
  3. Organizers and attendees at events, such as conferences, meetings, public lectures, social and sporting events, using College facilities will be required to abide by the College’s Tobacco Free Policy. Organizers of such events are responsible for communicating and enforcing this policy.
  4. The sale of tobacco products on campus is prohibited. The free distribution of tobacco products on campus is prohibited.  Tobacco advertisements are prohibited in College-produced (run) publications.

For the purpose of this policy, tobacco is defined as any type of tobacco product, including, but not limited to, cigarettes (commercial, handmade, or electronic), cigars, cigarellos, pipes, hookahs, juuls, juul pods (with and without tobacco), oral tobacco (spit and spitless, smokeless, chew, snuff), vapes (used with or without tobacco), CBD oil pens, or any other smoking material or device.  Prohibited items will be confiscated and destroyed.

All areas of The College of Saint Rose campus are designated as tobacco free. Signs about the policy will be posted appropriately throughout campus and on other properties owned, leased, or rented by the College.

The College will provide concerted programming to educate the community of the policy, and offer accessible cessation programs to administration, faculty, staff and students who wish to quit the use of tobacco products.

Effective implementation of the Smoke and Tobacco Free Policy depends upon the courtesy, respect, and cooperation of all members of The College of Saint Rose community.

Solicitation on Campus

Tabling in College-owned, leased or rented buildings or on College grounds for the purpose of selling or promoting items or advertising events is limited to college-related organizations, contractors or with the approval of the Associate Vice President for Student Development.  In addition, outside organizations looking to promote jobs must have the approval of the Career Center.

Stalking

Stalking is a pattern of knowingly unwanted behavior directed towards a specific person that would cause a reasonable person to fear harm to physical, mental, or emotional health, safety, employment status, or property of such person, a member of such person’s immediate family, or a third party with whom the person is acquainted.  This includes behavior motivated by bias which is any hurtful or harmful conduct of an individual that is based on prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair.

Such behaviors include, but are not limited to:

  • Telephone calls.
  • Voice/text messages.
  • Social Media
  • Following to and/or from place of residence, class, work, or other daily activities.
  • Letters.
  • Gift giving.
  • Instant messaging.
  • Using social networking communities to collect information about person.
  • Creating shadow accounts or monitoring key strokes.
  • Taking pictures of person.
  • Befriending person’s friends.

Please refer to the Sexual Harassment Policy, the Sexual Misconduct Policy or the Title IX Grievance Policy for issues of gender-based stalking.

Student Complaint Policy

Policy Number: 11.1

Responsible Office: Student Development

Origination Date: August 1, 2023

Revision Date:

 

I. Overview & Purpose:

The United States Department of Education requires that each accredited institution of higher education maintain a record of student complaints received by the institution. As required by federal regulation, this Student Complaint Policy (the “Policy”) will be made available to the Middle States Commission on Higher Education (the “Commission”) for review as part of the Commission’s Self-Study and Periodic Review Report evaluations.

The College of Saint Rose (the “College”) is committed to providing an environment that fosters the personal and intellectual growth and development of all students where concerns can be discussed and resolved in a professional manner. The purpose of the Policy is to provide students an opportunity to resolve a legitimate complaint directly affecting that student, where the circumstances surrounding the complaint are not governed by another College complaint process policy (see Scope of the Policy below).

The Policy encourages informal resolution through direct communication with the individuals directly involved. Formal complaints will be considered if the student has followed and exhausted the informal processes.

II. Scope:

This Policy applies to all full-time/part-time, undergraduate, and graduate students who are enrolled in any of the College’s academic programs (in all courses and related degree requirements), and/or who participate in any College sponsored activities.

This Policy is not applicable to student complaints governed by other College policies, including those outlined below.

Student Complaint College Policy/Procedure
Sexual Harassment or Sexual Misconduct Title IX Policy

or

Sexual Harassment Policy

or

Sexual Misconduct Policy
Academic Grievance Academic Grievance Procedure
ADA Accommodations Student Accommodations Policy
Bias and Discrimination Bias and Discrimination Policy
Academic Dismissals or Decisions Academic Standing Policy
Community Standards, Policies and Procedures Community Standards, Policies and Procedures
Whistleblower Whistleblower Policy

 

III. Policy

A. Informal Complaints

Informal complaints, including concerns or expressions of dissatisfaction or disagreement, regarding the actions of a College employee should be handled through direct communication (e.g., conversation, e-mail, letter) between the student and the individual or office involved. Often, talking directly with the person(s) involved helps clarify the issues and reveal the resolution.

An attempt at informal resolution should begin within ten (10) business days of the occurrence that prompted the complaint.

If the issue remains unresolved, the student should direct the informal complaint to the individual’s supervisor. Students may also consult with the Associate Vice President for Student Development if they are unsure about where or how to address a concern.

The following are examples of common student concerns regarding the actions of a College employee that can be addressed informally using the procedure outlined above.

  1. Concerns Related to Administrative Departments or Personnel within Academic Affairs

Concerns regarding academic affairs, administrators, or departments should be addressed through department leadership and then to the Margaret McLane, Ph.D., Provost and Vice President for Academic Affairs, mclanem@strose.edu if not resolved.

2. Student Life Concerns

Students are encouraged to contact Jen Richardson, Associate Vice President for Student Development, richardj@mail.strose.edu for assistance regarding student life concerns.

3. Public Safety Concerns

Students are encouraged to contact Steven Stella, Director of Safety and Security, stellas@strose.edu for assistance regarding campus safety concerns.

B. Formal Complaints

A student may file a formal complaint if (1) the issue remains unresolved after attempting to informally resolve the issue; or (2) the student has utilized one of the complaint processes outlined in the Informal Complaint section and the student believes they have been unfairly treated by a College employee or College procedures or policies have not been followed. Students must submit formal complaints in writing using the Student Complaint Form [https://strose.guardianconduct.com/incident-reporting?incident_type=Student%20Complaint%20Form]. A student should expect a preliminary response from a College representative within five (5) business days to seek any additional information required to address the concern.

A formal complaint should be submitted within twenty (20) business days of the end of the informal complaint process.

Formal complaints submitted via the online form are directed to the Registrar’s Office. The Registrar’s Office does not act as an advocate for any party to a dispute but is a facilitator to ensure a fair process. The Registrar’s Office will refer the complaint to the appropriate College official(s) to review and resolve. Any individual who is named in a formal complaint will be notified and asked to provide information related to the complaint.

The College official(s) assigned to the formal complaint will review the facts with the complainant, the respondent(s), and others as deemed appropriate, and respond in writing to all parties. If the formal complaint is denied, the response will include information on filing an appeal.

The College will make every effort to resolve and issue a written response to formal complaints within thirty (30) business days of its receipt of the formal complaint, including any additional information requested in the preliminary response. If the written response is delayed, the College official(s) reviewing the formal complaint will notify the parties of the delay and the reason for the delay.

To comply with federal and state law, the College will maintain a record of formal complaints and their resolution (e.g., investigative records, initial decision, student appeal, final decision, correspondence, etc.), including those complaints reported to external agencies, for a period of six (6) years following the resolution of the complaint. These records will be maintained electronically and made available to the Commission’s evaluators for review.

If a student believes they have been retaliated or discriminated against for filing a complaint, the College will address such complaints in accordance with the College’s Bias, Discrimination, Harassment, Retaliation and Hate Crimes Complaint/Grievance Policy & Procedure Policy.

C. Appeals

The College has adopted an internal appeals process for the prompt and equitable resolution of disagreements regarding formal complaint decisions.

A student’s appeal of the College’s formal complaint decision is limited to the following grounds:

  • Failure by the College to adhere to the College’s established procedures for resolving formal complaints;
  • Following the College’s initial decision resolving a formal complaint, new information has emerged, which would have impacted the outcome of the College’s original decision; and/or
  • The College’s formal complaint decision is inconsistent with the substantiated facts of the formal complaint.

To appeal a formal complaint decision, the student shall file a written petition for appeal with the Vice President or Associate Vice President who oversees the applicable department, as outlined below.

Department Vice President/

Assistant Vice President
Bursar, ITS, Security Debra Lee Polley, Vice President for Finance & Administration, polleyd@strose.edu
Athletics Lori Anctil, Associate Vice President for Athletics, anctill@strose.edu
Academic Affairs (non-academic grievance), Registrar, Academic Advising, Library, Financial Aid, Academic Success Center, On-line Learning Services, Career Services, Admissions Margaret McLane, Ph.D., Provost, and Vice President for Academic Affairs, mclanem@strose.edu
Counseling Center, Health Services, Residence Life, Spiritual Life, Community Service, Academic Opportunity Experiences, Student Engagement, Leadership, New Student Transitions, Student Conduct Jen Richardson, Associate Vice President for Student Development, richardj@strose.edu
Facilities, Event Scheduling Gary Goss, Associate Vice President for Facilities Operations, Projects and Services, gossg@strose.edu

 

The student may file the written petition in person with the applicable department or email the written petition to the applicable Vice President or Associate Vice President. The appeal must be filed within three (3) business days of the College’s formal complaint decision. Time periods may be extended if the individual has good reason, as determined by the applicable Vice President/Associate Vice President or their designee. The reason(s) for any late appeal must be included in the written petition.

The Vice President/Associate Vice President or their designee will conduct a review of the written petition for appeal. In undertaking this review, the Vice President/Associate Vice President or their designee will examine the written evidence provided by petitioner. The Vice President/Associate Vice President or their designee may also interview, consult with, or request written evidence from, any individual the Vice President/Associate Vice President or designee believes may have relevant information regarding the issues raised in the petition.

The Vice President/Associate Vice President or their designee will make every effort to render a written decision within ten (10) business days of its receipt of the petition. All appeal decisions are considered final.

IV. External Complaint Resolution

Programmatic Accreditation

In the unlikely event that an issue cannot be resolved, students may file a complaint with their respective State Licensing Authority and/or the Commission. These agencies should be contacted only after the student has exhausted the College’s informal and formal complaint processes, outlined above.

State Licensing Authority Contacts

If you are a New York State resident or enrolled in an on-campus course or program, contact the New York State Education Department (the “Department”) on the Department’s website.

If you are an online or distance-education student, contact the agency in your state of residence (https://eloncdn.blob.core.windows.net/eu3/ sites/651/2022/09/2022-Directory-of-State-Authorization-Agencies-and-Lead-Contacts.pdf).

Middle States Commission on Higher Education
3624 Market Street
2nd Floor West
Philadelphia, PA 19104-2680
(267) 284-5000

Please read the Middle States Commission policy on Complaints Involving Member and Candidate Institutions for a complete explanation of how to communicate with the Commission regarding a complaint. The Commission’s complaint procedures are created to address non-compliance with the Commission’s standards for accreditation, requirements of affiliation, policies or procedures, or the institution’s own policies or procedures.

Students who wish to file a complaint with a programmatic accreditor may find program-specific accreditor contact information on the College’s Accreditations page.

State Authorization Reciprocity Agreement (Students Residing Outside of New York State)

The College (via New York State) is approved as a member of the National Council for State Authorization Reciprocity Agreement (“NC-SARA”), which regulates the manner in which participating institutions may offer distance learning education to students who reside in other states. When students participate in distance education coursework, it is the College’s policy that the address submitted on their application/program approval form will be presumed to be the same as the location of the student when completing online coursework. It is the student’s responsibility to notify the College if their location while completing distance education coursework differs from that listed on the application/program approval form.

Students have a right to file a complaint or grievance via the NC-SARA Complaint Process. The College will ensure that all concerns and complaints of students are addressed fairly and resolved promptly. Students should refer to the College’s State Authorization and Complaint Resolution Procedures for Distance Education Students Policy for more information (https://www.strose.edu/about/consumer-information/ state-authorization-and-complaint-resolution-procedures/).

For further information on NC-SARA, please refer to SARA and the SARA complaint process.

Terms and Conditions

Failure to observe the terms and conditions of any imposed sanction may result in further student conduct action.

Theft

Students shall not:

  • Appropriate or attempt to appropriate or possess public or private property without the consent of the owner or person legally responsible.
  • Obtain or attempt to obtain any service by devious means.
  • Maintain possession of public or private property that is stolen.

Use of College Facilities

College facilities are available for use by registered student organizations and are to be used only by the student organization for which they have been scheduled.

Room reservations may be made in the Office of Events Scheduling and Administration.  A room reservation form must be completed.  Rooms are assigned on a first-come basis.  The Office of Events Scheduling and Administration reserves the right to adjust space assignments so that as many groups as possible may be accommodated.  The Office of Events Scheduling and Administration also makes arrangements for off-campus organizations.  Guidelines regarding procedures may be obtained from that office.

Visitation

A guest is any person who intends to visit or sleep in a residence hall room and is not a student of that room.

  • A Saint Rose Student Guest is defined as any student that attends The College of Saint Rose and does not reside in the building they are signing into (in other words, anyone with a valid College of Saint Rose ID Card – resident or commuter).
  • A Non-Saint Rose Guest is defined as any person that is not a College of Saint Rose student.

Resident students have a right to privacy.  Therefore, a resident may not bring a guest into the room without the consent of the roommate(s).  If the presence of a guest is an invasion of the roommate’s privacy, the guest must leave.

Residents must follow all of the following guidelines concerning guests:

  • Permission of the room’s other occupant(s) must be obtained by the hosting student for an overnight guest.
  • Residents may have no more than two guests per resident in their room.
  • Resident students are responsible for the conduct of their guests and for making their guests aware of College community standards and policies.
  • Resident students signing a guest in to Lima Hall must have their guest leave their ID card with Security until they sign out.
  • Guests who do not observe College community standards and policies may be asked to leave and may be denied the privilege of visiting the campus again.
  • Guests must remain with the resident hosting them at all times.
  • Overnight guests may stay only a maximum of 5 nights per 30 day period and no more than 2 consecutive nights.
  • No resident student will be allowed to sign a guest into a building who is under the influence of alcohol or drugs.
  • Guests are not permitted to bring alcohol or drugs into the residence halls, regardless of their age.
  • No non-Saint Rose guests are permitted the last two weeks of the semester, or during any College recess.

Given that residents are responsible for the actions of their guests, it is strongly recommended that a resident only signs in guests with whom they are familiar and that they believe will abide by College community standards and policies.  The Residence Life staff has full authority to limit guests in a room, reject guests or evict guests if the health and safety of students is being jeopardized and/or reasonable behavior standards are being violated.