Student Handbook: Section 5: General University Policies
These policies govern all students enrolled at Daemen University, regardless of status and/or location where they attend classes. Please see the Daemen University Catalog at daemen.edu/catalog for the full listing of academic policies and procedures, pertaining to matriculated students.
Students are entitled to reasonable accommodation of pregnancy- and childbirth-related needs. Students may be absent from classes for as long as the student's doctor deems medically necessary and will be allowed the opportunity to make up any work missed. Alternatives to making up work may be offered as appropriate, including retaking a semester or additional time in a program to continue at the same pace and finish at a later date. Any questions about a student's rights and responsibilities in this regard may be directed to the Assistant Vice President for Student Success at 716-839-8228 or the Director of Diversity and Inclusion who also serves as the University's Equal Employment Officer (EEO) at 716-839-7699.
Appropriate on-campus space is provided for nursing mothers:contact the Coordinator for Health and Wellness Education in the Wick Student Center.
Daemen University complies with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and applicable state and local laws providing for nondiscrimination against qualified individuals with disabilities. This policy applies to participation in all University programs and activities. Daemen University will also provide reasonable accommodations for qualified individuals with disabilities so that they may participate at a level equivalent with that of non-disabled students. In this connection, Daemen University has established an accommodation assessment procedure for evaluation of requested accommodation in light of legal guidelines.
It is Daemen University's policy to:
- Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in the admissions process and that qualified students with disabilities are treated in a nondiscriminatory manner with respect to all services, programs and activities.
- Keep all medically related information confidential in accordance with the requirements of the Rehabilitation Act, the Americans with Disabilities Act, and the Family Educational Rights and Privacy Act.
- Provide qualified applicants and students with disabilities with reasonable accommodation, except where such an accommodation would create an undue hardship for the University.
- Notify individuals with disabilities that the University provides reasonable accommodations to qualified individuals with disabilities by including this policy in the University Catalog and the Student Handbook.
Procedure for Requesting an Accommodation
If a qualified applicant for admission to the University or a student of the University anticipates a need for an accommodation to complete a course of study or to participate in a University program or activity (student housing, etc.), the request for accommodation should be brought to the attention of the Disability Services Office. Where the disability or the need for an accommodation is not obvious, the individual may be required to provide current evidence of the disability and the limitations that require accommodation. Disability Services will discuss with the applicant or student the limitation resulting from the disability and the potential reasonable accommodations that the University might make. Disability Services staff may also consult as needed with the Assistant Vice President for Student Success, Sabrina Fennell who is the University’s 504/ADA Officer.
The University has established specific guidelines for the documentation of disabilities; the guidelines may be obtained from the Disability Services Office, or from the University's website.
The Office for Disability Services, in conjunction with the appropriate faculty, the 504/ADA Coordinator, and, if necessary, a professional evaluator retained by the University, will determine the feasibility of the requested accommodation, considering various factors including, but not limited to, the nature and the cost of the accommodation, and whether the accommodation will impact the fundamental nature of the course or program. The applicant/student will be informed of the University's decision on the accommodation request. If a student is not satisfied with the determination made by the University with respect to the request for accommodation, the student may file a grievance pursuant to the University's Grievance Procedure in Discrimination Cases, a copy of which may be found in the Student Handbook or obtained from the Student Success Center.
Procedure for Receiving Approved Accommodations
Disability Services will give the student an Accommodation Form specifying the accommodations approved by the University. It is the student's right and responsibility to request approved accommodations in University programs, activities, or services. In keeping with the University's nondiscrimination policy, accommodations are to be made only at the request of the student, not assumed or imposed by other parties. The student shall present their Accommodation Form to the appropriate faculty member or administrator to substantiate a request for accommodation. Accommodations should not be provided to students without evidence that the accommodation has been approved by the University. A student lacking such documentation should be referred to Disability Services according to the above procedure for requesting an accommodation.
Should any problem arise in securing an approved accommodation, the student should bring the problem to the immediate attention of the 504/ADA Officer, who will assist in resolving the matter. In addition, any member of the University community with questions or concerns about the University's disability policy and procedures should contact the 504/ADA Officer. Retaliation against students, applicants, or employees for exercising their rights under this policy is strictly prohibited and will not be tolerated. Claims of retaliation should be reported to the 504/ADA Officer.
Daemen University allows students who comply with the New York State minimum drinking age of 21 years of age to consume alcohol as a privilege, but not as a right, and within specified guidelines and limitations, at certain University events, as determined by the Director of Student Activities. These events are generally limited to those where a significant number of students over the age of 21 are anticipated to attend.
The University expects that students who choose to consume alcohol will do so responsibly. Individuals or groups who conduct themselves in a disorderly manner, destroy property, or infringe upon the rights of others are accountable for their behavior and will be subject to campus disciplinary action and/or appropriate civil or criminal actions. In other words, drunkenness is a problem, not an excuse for one. These policies and regulations apply to all members of the University community and their invited guests.
- All alcoholic beverages are to be provided by Daemen University Dining Service at all events approved for alcohol service.
- All student social functions involving alcohol are usually limited to members of the Daemen University community and their escorted guests. Students are liable for the actions of their guests. The Director of Student Activities will generally refuse alcohol requests for events where unescorted visitors may be expected. The Director may refuse entry of any person to any University event.
- Alcohol abuse will not be tolerated. Alcohol may not be offered as a prize or reward, or consumed in contests. Social participants are allowed to purchase no more than one alcoholic drink at a time (or at the discretion of the Director of Student Activities).
- Dining Service bartenders, campus safety officers, group advisors, the Director of Student Activities, and/or any appropriate individual acting in their official capacity within the Division of Student Affairs have authority to refuse the purchase of alcohol by any person who appears to be intoxicated or troublesome and that person may be required to leave a social event.
- Aside from the specifications permitting alcohol at certain student activities, and the guidelines for alcohol permitted in the residence halls listed in this Student Handbook, alcohol cannot be consumed on campus grounds or in private automobiles while on campus grounds.
Daemen University recognized student organizations are not permitted to host events on campus or off campus where the primary focus is the consumption of alcohol. This typically refers to bar parties or fundraisers where persons pay a cover charge and alcoholic beverages are provided free or at a reduced fee. The intent of this policy is prevent and discourage events that promote alcohol abuse (binge drinking, underage drinking, DWI) and to reduce the risk of liability faced by student organizations and their officers when holding these types of events.
See specific alcohol policy as outlined in the Residential Living Section (Section 4) of this Handbook.
Daemen University Drug and Alcohol Abuse Prevention Policy
Pursuant to the U.S. Department of Education Regulations implementing the Drug-Free Schools and Communities Act Amendments of 1989, Daemen University establishes the following policy and regulations:
Policy Statement: Daemen University endeavors to establish for its students, faculty and staff an environment in which the misuse of alcohol and drugs is minimized, which encourages moderation, safety and personal accountability, and which provides an atmosphere free of coercion and peer pressure to abuse alcohol or use illegal drugs. The University strongly believes and encourages the use of treatment and educational programs as the most effective means to reduce and prevent substance abuse of any kind. All members of the Daemen community should exercise sound judgment and be mindful of their personal health, safety and well-being, as well as that of their friends and guests, by observing all laws regulating drug and alcohol and the University rules expressed in this Policy and elsewhere in this Handbook.
Standards of Conduct: The unlawful possession, use or distribution of alcohol and illegal drugs by students and employees on university property or while engaged in University activities off the University campus is prohibited. While the University permits the lawful use of alcohol by students and guests on campus in accordance with the University alcohol policy (see following section), any abuse of this privilege will be subject to University disciplinary action and/or appropriate criminal sanctions.
Legal Sanctions Regarding Alcohol: Under New York State law it is illegal:
- To provide alcohol to persons under the age of 21 or to persons who are visibly intoxicated. Providing alcohol to persons under the age of 21 is a Class A misdemeanor which is punishable by imprisonment for up to one year, a fine of not more than $1,000 and/or three years probation;
- To misrepresent the age of a person under the age of 21 for the purpose of inducing a sale of alcohol. Those found guilty of violating this law shall be punished by a fine of not more than $200, or by imprisonment for not more than five days, or by both fine and imprisonment;
- For a person under the age of 21 to possess alcohol with the intent to consume it. Those found guilty of violating this law shall be punished by a fine of not more than $50 and/or required to complete an alcohol awareness program and/or required to provide up to 30 hours of community service;
- For any person under the age of 21 to present or offer any written evidence of age which is false, fraudulent or not actually his own, for the purpose of purchasing or attempting to purchase alcohol. Those found guilty of violating this law shall be punished by a fine of not more than $100, and/or required to complete an alcohol awareness program and/or required to provide up to 30 hours of community service. Additionally, if it is found that a New York State driver's license was the written evidence of age used for the purpose of the purchase or attempted purchase, the person's license to drive a motor vehicle may be suspended for 90 days. Lastly, alteration of the required forms of identification (driver's license, passport or armed forces ID card) may constitute "possession of a forged instrument…with intent to defraud," which is a Class D felony under New York State penal law.
Legal Consequences of Operating a Vehicle While Under the Influence of Alcohol or Drugs
- Operating a Motor Vehicle After Consuming Alcohol While Under Age 21. Any person under age 21 who operates a motor vehicle after having consumed alcohol, as determined by a blood-alcohol content of at least .02%, may be referred to the Department of Motor Vehicles for license suspension or revocation, and a $125 charge. V&T Law § 1192-a.
- Driving While Ability Impaired (DWAI) (more than .05% but less than .08% Blood Alcohol Content (B.A.C.) First violation (Traffic Infraction): Mandatory $300-$500 fine; and/or imprisonment up to 15 days; mandatory 90 day license revocation. Subsequent violations increase the fine, possible imprisonment and length of revocation.
- Driving While Intoxicated (DWI) (.08% B.A.C. or higher or while impaired by the use of a drug) 1st Violation (Misdemeanor): Mandatory $500-$1,000 fine and/or 1 year imprisonment; Mandatory 6-month minimum license revocation. Two violations within 10 years can result in jail for up to 4 years and a 1 year revocation of your license to drive. If there is personal injury, a possible lifetime revocation can result.
- If you are under the age of 21 and charged with DWAI, or DWI, and you are convicted of such charges, your license will be revoked for a minimum of one year. If you drive while your license is suspended or revoked, or if you refuse a chemical test, you face a mandatory jail term of 7–180 days and a mandatory fine of $500–$1,000.
There are several New York State and Federal laws prohibiting the use and/or sale of controlled substances (drugs such as marijuana, heroin, cocaine, PCP, LSD, methamphetamine and fentanyl). Misuse and sale of prescription medications is also prohibited. Prescriptions are meant to be used only by the person for whom the prescription is written and/or as prescribed. A conviction can result in a substantial fine and/or a lengthy imprisonment. Remember that the conviction of a crime will remain on your record and can impact your ability to find suitable employment or get a professional license and can impair your ability to travel.
New York State has decriminalized marijuana, which is not the same as indicating its legality. Possession of less than 25 grams is considered a violation and carries a fine of up to $100 with increased fines for repeat offenders. Additional charges/penalties and fines increase depending on the quantity over 25 grams.
Prescription medication, including medical marijuana, must be labeled as such and with the person for whom it was prescribed.
Daemen University Sanctions
Members of the University community who violate these policies will be subject to discipline via the Student Code of Conduct. Taking into account the circumstances of each case, sanctions for students may range from warnings to expulsion from the University, and sanctions for faculty and staff members may range from warnings to termination. At the discretion of the University, as an alternative to, or in addition to any disciplinary action taken, students or employees may be required to participate in and to complete satisfactorily an appropriate counseling or rehabilitation program. Records of such discipline may be maintained in a student’s record or an employee’s personnel file. Enforcement of these sanctions will be through the University’s existing disciplinary procedures for students, faculty, and staff, as appropriate. The University reserves the right to require that a student participate in random drug testing, at their own expense, as part of a sanction for being found responsible for a violation of this drug policy and/or if there is reasonable evidence to suggest illegal drug use/abuse.
Abusing drugs and/or alcohol among other things can make you sick, lower your job performance, put you in prison, cause dependency, be expensive and cost you your life.
Alcohol use will dull your senses, impair coordination, slur your speech, cause mood changes, depress brain functions, lead to irreversible brain damage, damage liver, heart, and pancreas, irritate your stomach, and possibly cause physical damage to your unborn baby.
Drug use may increase your heart rate and blood pressure, cause tremors and convulsions, produce heart, liver, and kidney damage, cause personality changes, confusion, and depression, lead to paranoia and hallucinations, and lower your resistance to disease—including STIs.
The health and safety of every student at the University is of utmost importance. Daemen University 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 may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Daemen University strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution 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, or sexual assault to Institution's officials or law enforcement will not be subject to the Student Code of Conduct 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.
Daemen University employs an online Bias Reporting Form designed to assist the University in promoting an environment that fosters civility and mutual respect for all. Members of the Daemen community may use the online form to report incidents of bias, misconduct, and harassment. A bias-related incident is motivated by the offender’s bias against a person or group due their actual or perceived:
- National origin
- Gender identity or gender expression
- Religion or religious practices
- Sexual orientation
- Marital status
- Familial status
- Veteran or military status
- Ex-offender status
One does not have to be a member of a specific gender, sex, class, or group in order to be a victim of bias, misconduct, or harassment. Additionally, reporters do not need to be victims of bias or misconduct themselves: this form can be used by bystanders to report incidents that they have witnessed or of which they have knowledge.
Any reports submitted will be routed to the appropriate office, typically Student Affairs and the Center for Diversity & Inclusion, which facilitates and adjudicates matters via the Student Code of Conduct, if it involves a student or the Office of Employee Engagement, if it involves an employee. All bias reports will be reviewed promptly. For reports containing contact information, a designated staff member will contact the reporting person and will be available to meet and discuss resources, policies, procedures, and services, with a view to addressing the immediate issue as well as any additional implications for campus climate. Reports and related follow up will be handled as discreetly as possible.
Bias Reports may be submitted anonymously; however, doing so will affect the University’s ability not only to investigate a report but also to provide a successful resolution or outcome.
Knowingly falsifying a report is a violation of the Student Code of Conduct as well as Employee Policies and may result in disciplinary action.
Members of the campus community may also avail themselves of the Grievance Procedure in Cases of Discrimination and Harassment, which affords a more formal process of investigation and determination of outcome. Filing of a Bias Report does not preclude subsequent use of the Grievance Procedure if the issue remains unresolved. At the discretion of the Grievance Officer, the Bias Report process may be considered to fulfill Step 1 of the Grievance Procedure, which calls for an initial attempt to resolve a complaint informally.
The Jeanne Clery (Clery Act) Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990 requires the distribution of an annual security report to all current faculty, staff, and students, and notice of its availability to prospective students, faculty, and staff. The annual security report includes statistics for the previous three years concerning reported crimes that occurred on campus, in certain off-campus buildings or property owned or controlled by Daemen University. The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, and sexual assault. You can obtain a printed copy of this report in the Office of Student Affairs located in the Wick Student Center. It may also be viewed and printed on the University’s website at daemen.edu/ASR.
Timely Warning and Emergency Notifications
In an effort to provide timely notice to the Daemen University community, and in the event of a serious incident which may pose an ongoing threat to members of the Daemen University community, a Safety and Security Alert is sent to all students and employees on campus. The alerts are generally written and distributed to the Daemen University community by the Vice President forStrategic Initiatives (VPSI), or a designee, and they are approved and distributed to the community by members of the President's Cabinet. Any necessary updates to the Daemen University community about any particular case resulting in a Safety and Security Alert will be made to the campus community through the Daemen University website (“What’s Happening” page), email to the faculty-staff-announce and students-announce listservs, and the mass communication notification system via means selected by students, faculty, staff, and administrators. Other forms may include information posters in key campus locations, including the Wick Student Center lobby, Canavan Hall lobby, Business Building center lobby, west, east and center doors of Duns Scotus Hall, Campus Village Apartments and Collegiate Village, and other locations. Incidents of aggravated assault and sex offenses are considered on a case-by-case basis, depending on the facts of the case and whether there is a continuing danger to the campus community. For example, if an assault occurs between two students who have a disagreement, there may be no ongoing threat to other Daemen University community members and a Safety and Security Alert would not be distributed. The VPSI, or designee, in consultation with appropriate campus personnel, reviews all reports to determine if there is an ongoing threat to the community and if the distribution of a Safety and Security Alert is warranted. Safety and Security Alerts may also be issued for other crime classifications, as deemed necessary.
Annual Security Report
Each year in mid-October, an e-mail notification is made to all enrolled students that provides the web site to access this report. Faculty and staff receive similar notification. Copies of the report may also be obtained in the Office of Campus Safety on the first floor of Wick Student Center. It may also be printed from the website.
How to Report Criminal Offenses
In an emergency, dial 911. After the emergency is reported, call Campus Safety so they can support emergency responders for best care of the situation. Community members can contact the Office of Campus Safety at 716-839-SAFE (7233), 24 hours a day, 7 days a week. Report to Campus Safety any suspicious activity or person(s) seen in parking lots or loitering around vehicles, around or in buildings, or around residence halls.
In addition, a crime may be reported to the following areas:
- Campus Safety (716) 839-SAFE (7233)
- Dean of Students (716) 839-8519
- Student Conduct (716) 839-8200
To contact Amherst Police Department call (716) 689-1311 or in an emergency: 911
Office of Campus Safety—Arrest Authority
Daemen University Campus Safety Officers have the authority to ask persons for identification and to determine whether individuals have lawful business at Daemen University. They do not possess arrest power. Criminal incidents are referred to the Amherst Police Department. Daemen University Campus Safety and Amherst Police maintain a highly professional working relationship. All crime victims and witnesses are strongly encouraged to immediately report the crime to the Office of Campus Safety as well as to Amherst Police. Prompt reporting will assure timely warning notices of on-campus incidents and timely disclosure of crime statistics.
 Please note that based on where the call is made, students may need to alert 9-1-1 that they are in Amherst.
Daemen University strives to create an environment in which diverse opinions can be expressed and heard in a safe and respectful manner. As a private university, Daemen wants to ensure that all members of our campus community feel empowered to peacefully express their views and opinions, regardless of whether others may disagree with those expressions. This includes the right of protestors to oopose the views or opinions of others, but not in such a way as to limit or prevent the speakers freedom of expression or interfere with university operations.
There may be times that students will choose to dissent with University or public policy and openly demonstrate on campus. Demonstrations may be held on campus as long as they do not disrupt the normal and proper operation of the University. Specifically, disruptions will include activities which:
- Interfere with the rights of students, faculty, staff or guests of the University;
- Disrupt or obstruct educational and other activities of the University;
- Obstruct or restrict free movement of persons on any part of the campus;
- Interfere with the proper use of offices or other facilities to the students faculty, trustees, staff or guests of the University;
- Endanger the safety of any person at the University; and/or,
- Threaten or result in the destruction of property.
In order to use a campus facility for demonstration purposes, a student group must reserve space as outlined in the Student Activities section of this Handbook. The student group must also register its intent to demonstrate by submitting a letter to the Vice President for Strategic Initiatives (or designee) at least 48 hours prior to the demonstration. The University will insist all planned protests be peaceful and orderly, carried out in accordance with these guidelines and in areas other than faculty and administrative offices, classrooms, libraries and study rooms. Students who violate these guidelines will be subject to disciplinary action.
Regardless of whether a student dissent or demonstration is aimed at the University or an outside entity, Daemen values free speech, expression and an exchange of ideas and therefore, want to work directly with students as they plan a dissent or demonstration. Students should know, the University will:
- Support planned dissent and/or demonstration as long as it meets the guidelines outlined above and in the Student Handbook and/or does not pose a safety risk to individuals involved or community members.
- Assist with the planning, including providing reserved spaces, resources, support, audio-visual equipment, notifications, and any other reasonable request in line with reservation policies.
- Ensure that other community members with opposing viewpoints do not interfere with a peaceful dissent or demonstration and allow those community members equal opportunity to express those views in a similar forum.
- Protect university and individual property, and the health and well-being of participants.
- Students will NOT be subject to student conduct action for taking part in a peaceful protest, dissent, or demonstration as outlined above.
Certain services for student activities may involve the execution of a contract. All contracts for these services with outside vendors must be made through the Office of the Director of Student Activities. No one may commit University monies, facilities, or other resources without the written authorization of the proper University official.
Daemen University complies with the Family Educational Rights and Privacy Act (FERPA). Pursuant to this law, the University shall maintain the confidentiality of student education records and shall not release them to any person or entity without the written consent of the student except as set forth below. Moreover, the University shall provide students access to their education records pursuant to the procedures outlined in this policy.
"Education records" are the records, files, documents, and other materials maintained by the University, which contain information directly related to a student except:
- Records of faculty and administration, which are in their sole possession and are not revealed to any persons other than a representative.
- Records of Campus Safety that were created for law enforcement purposes.
- Employment records maintained solely for such purpose.
- Medical records.
The University may include in a student's education records disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student or other members of the University community. Nothing in this policy shall prevent the University from disclosing such information to teachers or other institutions who have a legitimate educational interest in the behavior of the student. Moreover, the University may disclose to an alleged victim of any crime of violence the results of a disciplinary proceeding conducted by the University against the alleged perpetrator of such crime. In compliance with federal and state law (Title IX, the Clery Act), and New York State Education Law 129-B, the University will disclose the outcome of an investigation of sexual violence to both the complainant and the respondent, including information about specific disciplinary sanctions when sanctions directly relate to a student who has been harassed. Additionally, the University reserves the right to notify the parents/family of a student determined to have violated the University’s policies and/or New York State laws regarding underage drinking or illegal use of drugs.
University policy is that no person shall have access to, nor will the institution disclose, any information from a student's education records without the written consent of the student except (a) to the student; (b) to appropriate University officials who have legitimate educational interest; (c) to certain state and federal officials; to officials at other schools in which the student seeks to enroll; (d) to persons or organizations in connection with the student's application for financial aid; (e) to organizations conducting studies for educational purposes, but only under conditions that protect confidentiality; (f) to accrediting agencies carrying out their accreditation function; (g) in compliance with a judicial order; (h) for reasons in an emergency in order to protect the health or safety of a student or other persons; and (i) to officials at another institution or partner provider when exchange of information is necessary in order to facilitate the investigation of a crime or other significant matter involving students at multiple institutions.
The Registrar will maintain, with the education records, a list of all persons and entities (other than University personnel with a legitimate educational interest) who have requested or obtained access to a student's records. This list, which is available to the student about whom information has been requested, will show the interest of persons or entities. Within the Daemen University community, only those officials with a legitimate educational interest are allowed access to student education records. Such persons include personnel in the Offices of the Vice President for Academic Affairs and Dean of the University, Associate Vice President for Academic Affairs, Vice President for Strategic Initiatives , Dean of Students, Division Deans, Student Success Center, Information Technology, Higher Education Opportunity Program, Registrar, Comptroller, Financial Aid, Admissions, faculty members, and other University officials within the limitation of their need to know. University officials may include students who serve on official University committees or who are employed in University offices. Internship supervisors (e.g., supervising teachers, clinical preceptors), consultants, contractors (e.g., attorneys, auditors), volunteers, or other parties to whom the University has outsourced institutional services or functions may also be considered University officials within the limitation of their need to know.
At its discretion, the University may provide "directory information" to others and the University's confidentiality policy shall not be applicable to such information. "Directory information" includes: student name, address, telephone number, email address, date and place of birth, major field of study, dates of attendance, enrollment status (includes advance registration data, anticipated graduation year, class status), resident status (commuter or resident), degrees and awards received, recent educational institution attended by student, participation in recognized activities and sports, and weight and height of members of athletic teams.
The University will withhold directory information if a student makes a written request to the Office of the Registrar. Student directory information may be included in the University's website and may be contained in other University publications. Students wishing limited disclosure may submit a request in writing to the Office of the Registrar. A form is available on the Registrar’s website https://www.daemen.edu/academics/registrar/forms. Once a student has requested non-disclosure, their directory information will not be disclosed until the student provides written instruction to change this status.
Students have the right to inspect and review information contained in their educational records, to challenge the contents of their education records, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their record if they feel the decision following the hearing is unacceptable.
The University Registrar has the responsibility to coordinate the inspection and review procedures for student education records. Students wishing to review their education records must make a written request to the Registrar listing the records or information of interest. The pertinent record or information will be made available within forty-five days of the request. At their expense, students may have copies made of their records with certain exceptions (e.g., a copy of the academic record for which a financial "hold" exists). The following documents and information will not be disclosed to students: financial information submitted by their parents; confidential letters and recommendations associated with admissions, employment, or job placement; references to which they have waived their rights of inspection and review, provided they are used solely for such purpose; education records containing information about more than one student, in which case the University will permit access only to that part of the record which pertains to the inquiring student.
A student who believes that the education records contain information that is inaccurate, misleading, or inappropriate should discuss the problem with the Registrar in an effort to resolve the matter informally. If not resolved, the student will be afforded a formal hearing pursuant to the Student Dispute Resolution Procedure contained in the Student Handbook. The request for a hearing must be made in writing to the Vice President for Academic Affairs, who, within a reasonable period of time after receiving a request, will inform the student of the date, place, and time of the hearing. A student may present evidence relevant to the issues raised in accordance with the Student Dispute Resolution Procedure. The hearing will be conducted by the Vice President of Academic Affairs and/or any other individual so designated.
The decision of the hearing will be final and will consist of a written report summarizing the evidence and stating the reasons for the decision. If the decision is in favor of the student, the student's record will be amended accordingly. If the student is not satisfied with the decision, the student may prepare a written statement explaining the disputed contents of the record. This statement will be maintained as part of the student's education records and released whenever the pertinent record is disclosed. Inquiries regarding this policy should be directed to the Registrar.
In addition, students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office,
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Daemen University has a technology deterrent in place that blocks illegal File Sharing including illegal downloading of music, movies, games and programs. The use of downloading programs (including uTorrent, Bit Torrent, limewire, frostwire, etc.) are prohibited and limited by our technology deterrent device.
Daemen responds to any formal legal complaints we receive. Organizations like the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) frequently police file-sharing programs for copyrighted material belonging to the artists they represent. Under the Digital Millennium Copyright Act, Daemen must respond to MPAA and RIAA complaints of copyright violations for sharing movies and music from computers on the Daemen network. In addition to civil action, local campus disciplinary action will be taken against offenders.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
For more information, please see the Web site of the U.S. Copyright Office at http://www.copyright.gov.
If a complaint of copyright infringement is made against you, you will also face disciplinary action by Daemen University as stated in the Daemen University Handbook. This may include permanent loss of your access to the Daemen University network.
For a hard copy of this document, please visit one of the Computer Support Supervisors located in the Research and Information Commons or in the Business Building Computer Lab. To ask questions about copyright violations, email email@example.com or visit daemen.edu/filesharingpolicy
Gambling is not permitted on campus, with the exception of raffles by recognized student organizations which are approved by the Student Activities Office. Student-athletes and all staff that are directly associated with athletics are prohibited from participating in any bracket contests where money is paid and a prize can be won. This is considered gambling by the NCAA and a violation of their rules and regulations.
Every person in the University community is responsible for compliance with this policy. The Equal Opportunity Officer and has been given day-to-day responsibility for implementing this policy by the President.
Grievances or complaints alleging a violation of the University’s policies prohibiting discrimination, harassment, and sexual harassment may be submitted to the Chief Diversity Officer and Title IX Coordinator (Duns Scotus, Room 118, 716-839-8249). Grievances may be submitted in writing using the online bias reporting form or any other written mechanism. A grievance should contain a statement of the facts identifying the violation and as much supporting documentation as possible. Upon request, assistance in preparing the grievance will be supplied by the EEO. Those filing a grievance should also express their view of a possible resolution to the problem. A grievance should be filed as soon as possible after the alleged discrimination has occurred (usually within 30 days). A delay in filing a grievance may impact the ability of the University to investigate and resolve the grievance.
The EEO will attempt to resolve the matter as simply and as quickly as possible by informally meeting with the relevant persons in an effort to reach an acceptable agreement. If the complaint involves an alleged sexual assault, the matter will immediately proceed to Step 2 below; no informal mediation will be undertaken. Cases of alleged sexual assault in which both the complainant and respondent are students will follow the procedures outlined in the Sexual Violences Policies and Procedures Section of this Handbook.
If an acceptable resolution is not reached by the EEO, the grievant may request that the matter be referred to the appropriate Cabinet member (Vice President for Academic Affairs(VPAA) in the case of a faculty grievant) for a more formal investigation. Such request may be made at any time, but not later than ten (10) days after notification that the Step 1 procedure is completed. Within thirty (30) days thereafter, the Cabinet member or VPAA or their designated representative (Grievance Officer) will conduct an investigation with respect to the grievance. (Should the grievance be against either the EEO or the Cabinet member, the grievant should notify the Director of Employee Engagement who will arrange for another Grievance Officer to be appointed.) Efforts will be made to complete the investigation within 45 days after Step 2 is initiated.
During the investigation, the grievant shall have the right to present evidence and witnesses. The Grievance Officer will also examine other relevant evidence and witnesses, including professionals where appropriate. The Grievance Officer shall render a written decision on the grievance applying a preponderance of the evidence standard. A copy of the decision will be provided to the grievant and accused party(ies). Either party may seek review by the University President of all or part of the Grievance Officer's decision by filing an appeal with the Office of the President within 10 days after the decision is rendered. The President in conjunction with legal counsel for the University will review the decision to determine whether it is supported by substantial evidence and that the University substantially complied with applicable procedures. The President's decision will be rendered within 30 days of filing the appeal. The President may affirm the decision, modify the decision, or return the matter for further investigation. Should the President be the accused party, the appeal will be made to the Executive Committee of the Board of Trustees, which will review and rule upon the Grievance Officer’s decision.
Hazing has been defined under section 6450 of the Education Law as any action or situation which recklessly or intentionally endangers mental or physical health or involves the consumption of liquids, liquor or drugs for the purpose of initiation into an affiliation with any organization. Other acts that are implied to be required for participating and/or involvement in a club or organization that may seem innocuous on the surface but are not optional, may also be considered hazing. Hazing is both a violation of the Penal Law and other laws of the state of New York. The University reaffirms its policy that it will not condone hazing of any kind. To this end, any student, faculty member, staff member, visitor, licensee, or invitee who engages in hazing may be removed from the Daemen campus and, where appropriate, shall be subject to a formal conduct review via the Student Code of Conduct and could face suspension, expulsion, or other disciplinary action. Similarly, the University will rescind permission to operate on campus property and shall prohibit the use of the University's name to any organization whose members (whether individually or in concert) engage in hazing. An organizational philosophy that supports the mission of the University and is evident in the responsible behaviors, class attendance and attentiveness, as well as positive and meaningful activities, is an excellent antidote to hazing.
Any community member who has been impacted by or has witnessed potential hazing should report the incident. In an emergency, dial 911. After the emergency is reported, call Campus Safety so they can support emergency responders for best care of the situation. Community members can contact the Office of Campus Safety at 716-839-SAFE (7233), 24 hours a day, 7 days a week. In a non-emergent situation, report to Campus Safety any hazing concerns.
In addition, concerns may be reported to the following areas:
- Campus Safety (716) 839-SAFE (7233)
- Dean of Students (716) 839-8519
- Student Conduct (716) 839-8200
To contact Amherst Police Department call (716) 689-1311 or in an emergency: 911
Daemen University is dedicated to teaching, research, service, and the dissemination of knowledge. The University believes that the public interest is best served by creating an intellectual environment whereby creative efforts and innovation are encouraged and rewarded, while still retaining for the University reasonable access to, and use of, the intellectual property for whose creation the University has provided assistance. The University has an Intellectual Property Policy which is intended to encourage the creation of original works of authorship and inventions by faculty, staff and students while safeguarding the reputation and financial interests of the University. It is expected that, in all cases, the University and its faculty, staff and students will act in a manner as to best serve the public interest.
The general rule of ownership is that the author of a work owns the copyright, subject to certain limitations. If development of the work involved substantial use of University resources; was work made for hire or commissioned; or was developed in connection with a sponsored research project or under a specific written agreement, the university may have rights, title, and/or interest in the work. An Intellectual Property Committee makes determinations relative to the policy and reviews appeals.
Comprehensive information is found in the full text of the Intellectual Property Policy text on the University’s website. Students engaged in original research, authorship, invention, or similar endeavor which may be subject to the University’s Intellectual Property Policy are advised to consult the complete policy for information on their rights and responsibilities.
Located in the Wick Student Center, the Campus Safety/Information Desk is the collection point for all lost and found articles. Anyone who has lost or found anything on campus should contact the Campus Safety/Information Desk to report or claim the item 716-839-SAFE (7233). Articles not claimed by their owners by the end of each semester are donated to charity. An electronic lost and found log is maintained by the Campus Safety/Information Desk and every effort is made to reunite owners with their articles.
Parents and/or guardians of minor children, not to be confused with students accepted for matriculation to Daemen who happen to be under the age of 18, are expected to provide adequate supervision while the minors are on campus. To that end, minors should not be left unsupervised on University property. Students who bring related or unrelated minors on campus are assuming the role of guardian and will be held accountable for the actions of their guest(s) in accordance with the student code of conduct in this handbook. Generally, no matriculated student may have an overnight guest who is under the age of 17 without the permission of the Director of Housing and Residence Life (or designee).
Additionally, students, student groups, and/or other clubs, organizations or outside groups wishing to conduct a program with minors on campus will be subject to additional measures and precautions before being allowed to proceed. Academic programs involving individuals under the age of 18 who are not matriculated students need will require approval from the Vice President for Academic Affairs (or designee), in consultation with the Vice President for Strategic Initiatives (or designee). Non-academic programs involving individuals under the age of 18 who are not matriculated students need will require approval from the Vice President for Strategic Initiatives (or designee). If approved, these programs will require additional provisions and measures including, but not limited to: signed consent and assent forms, emergency contact information, and specialized training and/or clearance for staff.
Daemen University takes student safety very seriously. To this end, the following policy and procedure has been established to assist in locating Daemen University students living in University on-campus housing who, based on the facts and circumstances known to the University, are determined to be missing. This policy has been established as required by the Higher Education Opportunity Act (HEOA) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, referred to as the Clery Act. Nothing in this policy should indicate that the University has knowledge of, or the ability to track, students’ whereabouts and activities at all times. Students are responsible for their own care and travels.
Designation of a contact person(s)
Each year, every resident student has the option to identify a contact person(s) whom the University shall notify within 24 hours of the determination that the student is missing. The contact person can be anyone and, if the student so elects, may be someone other than the person that the student has designated as theiremergency contact person for other purposes. Resident students will be given a Missing Student Contact Registration Form which should be submitted to the Office of Housing and Residence Life located on the second floor of Wick Campus Center.
This contact information is considered confidential and will be maintained separately by the Office of Housing and Residence Life and will only be shared with the appropriate University officials involved in a missing persons investigation including, but not limited to, the Vice President for Strategic Initiatives and Dean of Students, as well as the President. The information may also be provided to the Daemen Office of Campus Safety and the Amherst Police should an investigation be conducted after a missing student report is made. Students may change or revoke theircontact information through the Office of Housing and Residence Life. Residential students who are less than 18 years of age and not officially emancipated by theirparents or guardian may designate a contact person; however, the student's custodial parent or guardian will also be notified within 24 hours of a determination that the student is missing.
Notification procedures for missing resident students
It is understood that resident students will have opportunities during the academic year to take weekends away to visit family or friends. When students will be away from their on- campus residence, students should inform their roommate or Resident Assistant of their plans and expected date of return for emergency contact purposes. For purposes of this policy, a student may be considered to be a “missing student” if the person’s absence is contrary to his/ her usual pattern of behavior and unusual circumstances may have caused the absence. Such circumstances could include a reasonable/reliable report or suspicion that the missing student may be endangered. Examples include, but are not limited to, possible victim foul play, expression of suicidal thoughts, possible alcohol or drug abuse, a life-threatening situation, or recent contact with persons who may endanger the student’s welfare.
Anyone who suspects that a residential student is missing should immediately notify a Resident Assistant (RA), Coordinator of Residence Life & Career Development (CRLCD) or Hall Director and/or the Director of Housing & Residence Life (839-8200) and/or the Assistant Director of Housing & Residence Life (839-8200). If a missing student report is received by a RA, HD or Coordinator, the Director of Housing & Residence Life (DHRL) should immediately be notified to coordinate the investigation. The DHRL will immediately notify Office of Campus Safety, and the Dean of Students.
Once such notice is received, the Office of Campus Safety and the Office of Housing and Residence Life will begin an investigation to include, but not limited to, the following:
- Call the student’s cell phone
- Send a residence life staff member to student’s room.
- Contact roommate(s)
- Access student’s vehicle information to locate and distribute to local authorities if necessary
- Access student’s class schedule and seek information on last sighting or other contact information.
- Access reports to determine the last time student used a meal card or accessed residence hall.
- If student works on-campus, contact supervisor for contact information
- Call student’s designated Missing Person Contact
- Request information from Information Technology about students last electronic sign in to Daemen’s network systems
- Office of Campus Safety may issue an ID picture to assist in identifying the missing student
- Office of Campus Safety may search on-campus public locations (library, cafeteria, etc.)
Actions upon a determination that a student is missing
If the above investigatory steps are unsuccessful in locating the student who has been missing for 24 hours, or it is apparent sooner that the student may be endangered, the DHRL or designee, after consulting with the Office of Campus Safety, will take the following actions within 24 hours:
- Contact the Amherst Police Department and other law enforcement agencies as necessary and report the student as a missing person.
- Write and file a detailed report and share it with the Police. Law enforcement will take charge of the investigation.
- Notify the designated contact person, if any, that the student is believed to be missing. For unemancipated students under the age of 18, the student's parent/guardian will also be notified.
Campus communications about missing students
Notifications to the campus community will be coordinated by the Vice President for Strategic Initiatives or Dean of Students (or designee). Media communications will be coordinated by the Director of Institutional Communications. Information will not be released to the public unless authorized by the Vice President for Strategic Initiatives or Dean of Students or (designee). All media requests will be directed to the Director of Institutional Communications. The DHRL will act as the liaison between the University and law enforcement, writing follow-up reports as needed and keeping university officials apprised of the ongoing investigation.
Reports of commuter students who are missing will be referred to the Office of Campus Safety and Amherst Police Department for investigation.
Persons who drive vehicles on campus are subject at all times to the motor vehicle laws of the state of New York, to orders of the Department of Transportation and, where applicable, to ordinances of the Town of Amherst. Operation of a motor vehicle on campus is a privilege granted by Daemen University. Serious or excessive traffic violations may result in the loss of this privilege. The Office of Campus Safety has authority over the parking lots and the general grounds.
- All motor vehicles must be registered, each academic year, with the University when operated and parked on University property (except for visitors to the University). Parking permits may be applied for on-line at: my.daemen.edu/parking. Parking permits cost $35 per year. Students should be prepared to show a valid motor vehicle registration for each vehicle that they wish to register to park on campus when they pick up a parking permit at the Wick Student Center Information Desk. Any change in autos or plate numbers must be registered with the Campus Safety Office. An annual parking fee may apply.
- Resident students who reside in Canavan Hall are not eligible to park on or around campus proper, but rather at an off-site arrangement through Collegiate Village. These students must still register their vehicle but are charged an annual fee of $15. Parking on, or around, campus proper may result in a parking citation. The University reserves the right to adjust where resident students park each year.
- The parking permit is to be displayed on the rear view mirror, facing outwards.
- Students should park in designated areas only or be subject to a ticket, tow, or loss of parking privileges.
- Students may not have more than one car parked on campus at a time.
- Speed limits are posted at entrances and on roadways of the campus. Speed limits vary from 5 MPH to a maximum of 15 MPH.
- Full stops are required at all stop signs.
- Pedestrians always have the right of way. Pedestrians are encouraged to use the sidewalks for optimum safety.
- Motor vehicles may not be operated on any sidewalk or grassed area. Service vehicles and authorized contractor vehicles are not included in this prohibition.
- Daemen University Campus Safety Officers and Town of Amherst Police are empowered to enforce all ordinances and laws pertaining to traffic regulations.
- Dangerous use of skates, skateboards, in-line skates, bicycles, and other forms of transport or recreation is prohibited.
- Parking is prohibited on all roadways, service drives, and areas reserved for service vehicles. Possession of a parking permit entitles the holder to park only if there is available space in the allotted parking areas and not to blocking driveways or roadways.
- Overnight parking is permitted only in designated lots to those resident students allowed to park on campus and who have a valid parking permit.
- Students will be required to move their cars from time to time to alternative designated lots to facilitate snow removal. Failure to move a vehicle upon notification by the University will result in ticketing and/or towing of the vehicle at the owner's expense.
- Daemen University may have towed, at the expense of the owner, any vehicle that is parked in violation of stated regulations. Other improperly parked vehicles will be ticketed by the University and/or Town of Amherst Police. Serious or continued violations may result in revocation of parking permit and loss of parking privileges for the remainder of the academic year (as determined by the Assistant Dean for Campus Safety and Operations or designee).
- Temporary overnight parking hangtags (for registered guests) are available at the Wick Campus Safety/Information Desk. Residents will be held responsible for their guest’s vehicles to ensure that the guest parks the vehicle in the proper location. Parking citations issued to the guest of the student will become the responsibility of the host.
It is the policy of Daemen University, in accordance with federal and state laws including, but not limited to, Title IX of the Education Amendments of 1972, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the New York State Human Rights Law, not to discriminate on the basis of sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law against any person with respect to employment, admission to the University, or in participation in any University program or activity. Also in accordance with these laws, it is the policy of the University to prohibit harassment of any student, employee or applicant on the basis of the statuses outlined above. All complaints alleging a violation of this policy will be investigated and appropriate remedies will be instituted.
It is the policy of Daemen University not to discriminate on the basis of sex, including sexual harassment, in its educational programs, activities or employment policies as required by Title IX, Education Amendments of 1972, Equal Employment Opportunity Commission regulations, and other applicable antidiscrimination laws.
Sex discrimination in the form of harassment on the basis of sex includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education status; or b) submission to or rejection of such conduct by an individual is used as the basis for educational or employment decisions affecting such individuals; or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive working or educational environment. Daemen University will take all steps necessary to prevent such discrimination and effectively address incidents of unlawful harassment, including the imposition of appropriate sanctions. As examples, the following kinds of conduct, or others with a similar harassing effect, are absolutely prohibited if such conduct falls within the definition stated above:
- Abusing an employee or student through insulting or degrading sexual remarks, jokes, innuendoes, or other sexually oriented conduct (including, among other things, graphic or descriptive comments relating to an individual’s body or physical appearance, sexually oriented teasing or pranks, improper suggestions, objects or pictures, or unwanted physical contact); or
- Threats, demands or suggestions that an employee’s or student’s status depends in any way upon tolerating or accepting sexual advances or sexually oriented conduct.
- Sexual violence, defined as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s age, use of drugs or alcohol, or intellectual or other disability.
Any harassment of Daemen University employees, students, or applicants, or third parties (such as participants in University-sponsored events) in violation of these rules is absolutely prohibited and will not be tolerated. Interim protective measures may be made while a complaint is investigated. Both complainant and respondent shall be treated equitably throughout the investigation.
Conduct that occurs off campus, including but not limited to that perpetrated electronically, by social networking or email, is also subject to investigation and an appropriate response under the Policy to the extent that such conduct contributes to a sexually hostile environment on campus.
Sexual harassment is illegal under both state and federal law. Inquiries regarding compliance with Title IX and New York State law 129-B may be directed to the Title IX Coordinator and Chief Diversity Office, Tiffany Hamilton. (716-839-8249) who is also the University’s Equal Opportunity Officer.
Other Forms of Harassment
Harassment is defined as verbal or physical conduct which denigrates or shows hostility or aversion to an individual because of the person’s sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law, or that of a persons’ relatives, friends, or associates, and which:
- Has the purpose or effect of creating an intimidating, hostile, or offensive working or educational environment; or
- Has the purpose or effect of unreasonably interfering with an individual’s performance; or
- Otherwise adversely affects an individual’s employment or educational opportunities.
As examples, the following kinds of conduct, or others with similar harassing effect, are absolutely prohibited if such conduct falls within the definition stated above:
- Abusing an employee or student through epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts (even if claimed to be “jokes” or “pranks”) which relate to sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law; and
- Written or graphic material which denigrates or shows hostility or aversion toward an individual or group because of sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law.
Any harassment of Daemen University employees, students or applicants in violation of these rules is absolutely prohibited and will not be tolerated.
“Revenge Porn” is the non-consensual sharing or publication of an intimate image that was taken and/or shared with the assumption that the image would remain private with the intent to cause harm to the emotional, financial, or physical welfare of another person
“Revenge Porn” is illegal under New York State bill S.1719-C, and a violation of the Student Code of Conduct. Students, Faculty or Staff have the right to file a complaint with the Division of Student Affairs, for students or with the Office of Employee Engagement, for faculty and staff. All complaints alleging a violation of this policy will be investigated and appropriate remedies will be instituted.
Retaliation against employees, students, third parties (such as participants in University-sponsored events) or applicants for exercising their rights under this policy is also strictly prohibited and will not be tolerated. This includes retaliation against employees, students, third parties (such as participants in University-sponsored events) or applicants for inquiring about their rights, or for making an honest complaint of a violation or possible violation, or for truthfully assisting in a complaint investigation. Claims of retaliation should be reported to the Chief Diversity Officer (Tiffany Hamilton, Duns Scotus, Room 118, 716-839-8249), who is the University’s Equal Opportunity Officer and the Title IX Coordinator, as applicable.
Any employee or student who feels as though someone has subjected him or her to retaliation as a result of a report or participation into the investigation of a report should contact the University’s Chief Diversity Officer/Title IX Coordinator (identified above) or other senior officer immediately.
No One Has Authority To Violate This Policy
Under no circumstances does any faculty member, administrator, trustee, other employee, or student of the University or any other person, including vendors and sub-contractors, have any authority whatsoever to engage in discriminatory, harassing, or retaliating conduct in violation of this policy. If anyone claims to have such authority, or if an employee, student, third party (such as participants in University-sponsored events) or applicant has a question about whether objectionable conduct is authorized by the University, the University’s EEO (Director of Diversity and Inclusion, 716-839-7699, DS 115), should be contacted.
As an institution of higher education, Daemen University, its employees and students also must be aware of the need for freedom of inquiry and openness of discussion in its educational and research programs, and must strive to create and maintain an atmosphere of intellectual seriousness and mutual tolerance in which these essential features of academic life can thrive. No university can or should guarantee that every idea expressed in its classrooms or laboratories will be inoffensive to all; pursued seriously, education and scholarship necessarily entail raising questions about received opinions and conventional interpretations. Daemen University does guarantee, however, that credible accusations of inappropriate remarks or conduct that may violate the University policy prohibiting discrimination and harassment will be investigated promptly, thoroughly, and fairly.
Individuals with complaints of discriminatory harassment may also have the right to file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education. An employee may also have the right to file a charge with the United States Equal Employment Opportunity Commission (“EEOC”), the Office of Civil Rights (“OCR”), or the New York Division of Human Rights (“SDHR”). A charge should be filed with the EEOC within 300 days of the most recent date that the unlawful conduct occurred, or if filed with the OCR, within 180 days, or if filed with the SDHR, within one (1) year. Reporting to the University is critical, however, because if the University does not know about the conduct, it cannot act.
No one should allow conduct that may violate this Policy to continue unreported. It is extremely important that this be reported so that the University can act to stop such conduct at the earliest possible time. Daemen University provides training for employees on recognizing and preventing harassment, including sexual harassment: all employees are expected to participate in such training.
Daemen University prioritizes the safety and well-being of its community members above all else and therefore, all policies and procedures that are outlined as part of the University’s official response to a public health emergency must be followed explicitly. Campus policies are put in place in compliance with Erie County Department of Health, New York State, Center for Disease Control and Prevention, and World Health Organization Guidelines. Additionally, all students are required to take a personal responsibility for their health and the health of others. Failure to do so can result in follow-up through the Student Code of Conduct and could result in restriction from classes and/or campuses based on the nature and/or frequency of the violation(s). Generally, the following guidelines must be adhered to during a public health emergency:
On Campus Meetings and Events
Campus meetings and events will be facilitated as usual with a request for rooms being reserved by Student Activities. Some spaces may have reduced hours of availability to accommodate cleaning and disinfecting. Students should be aware:
new room capacity limits and groups must not exceed the current established room capacity limits (signs in all rooms) or the current state/regional mandates on crowd size.
all participants, whether from the Daemen community or guests from off-campus, must follow the current campus protocols and processes regarding campus clearance, social distancing, and wearing a face covering
all catered events must be provided by Daemen Dining Services
the use of lobbies and hallways for information tables will be temporarily suspended until density and crowd control mandates are lifted.
Face Mask/ Face Coverings
Face coverings may be required to be worn on campus by all or certain members of the community who do not meet certain criteria, as well as visitors and guests. It is recommended that anyone not feeling well wear a face covering. If required, a face covering must be worn over the mouth and nose:
while in academic spaces
in the Dining Hall until students are seated and eating
anytime 6 feet physical distancing cannot be maintained
Any person not wearing a face covering will be asked to retrieve one from their room, car, or home. Students who refuse to comply, may be asked to leave class and/or campus until they have and properly apply the appropriate face covering.
The campus may required community members and visitors, if allowed, to comply with social distancing measures including, but not limited to: wearing face masks or coverings; staying a certain distant away from others; avoiding in-person meetings; following quarantine guidelines if necessary; and following notices and advertisements for room restrictions and occupancies.
There could be circumstances where Daemen University may mandate inoculation by an FDA approved vaccine either for all campus community members or certain community members in more “highly transferable” situations (such as residence halls, athletic competition, etc). These requirements may be mandated by an outside entity for which Daemen must comply or on its own, as a private entity. Either way, decisions will be made by senior staff and communicated through the appropriate channels with timelines, exceptions, and repercussions for non-compliance as deemed appropriate based om the nature of the public health emergency.
Visitors and Guest Policy
Visitors/Guests may be restricted in certain or all parts of campus during a public health emergency at the discretion of the University. Individuals will be expected to adhere to those guidelines or be subject to removal from the campus and/or student housing or other locations/privileges.
How to Report a Concern
Community members who are concerned about a community member either following policy or being well are expected to complete a CARE report online at daemen.edu/concern. Immediate concerns should be reported to Campus Safety at 716-839-SAFE (7233).
Due to the fluid nature of a public health emergency, the University may issue additional orders and policies during such a crisis in which all community members will be expected to comply, regardless of whether they are outlined in this handbook or not.
The Insight is the online student newspaper of Daemen University, acting as a channel of communication among administrators, faculty, and students and, as such, has a right to information pertinent to the University community. As a member of the press and a member of the higher education community, a university newspaper is responsible for:
- Intellectual inquiry and consideration, the study of facts, and the analysis of action.
- Full presentation of fact as it occurs, subject only to legal restrictions relating to libel, and ethical questions relating to methods of news gathering and premature disclosure.
- Vigorous advocacy and criticism based on intellectual query and fact, subject to rebuttal through letters or columns.
Therefore, it is the policy of the Insight to accept these responsibilities in a professional manner. The content and direction of the Insight are determined by the majority of the editorial staff, acting as a responsible unit. The editorial staff consists of the Editor-in-Chief, the Managing Editor, the Business Manager, and the various Associate Editors appointed by the Editor. As an independent institution, Daemen University is legally regarded as the publisher of the Insight. Consequently, the University is liable for everything which appears in the pages of the Insight, as well as for the responsible conduct of the editorial staff. The advisor to the Insight, appointed by the University administration, acts as an advisor to the Editor in carrying out editorial policy. The advisor examines all articles submitted and has the power to prevent all statements of a potentially libelous nature from being published.
Letters submitted to the Editor must bear the signature of those responsible for the content. Letters concerning a specific issue will be printed in direct proportion to the number of opinions submitted pro and con. All letters are subject to editing by the editorial staff. The editorial staff maintains the right to withhold the name of the writer upon request.
Daemen University prohibits discrimination on the basis of religion and is committed to providing a work environment that respects the religious beliefs and practices of all students. As part of that commitment, the University will make good faith efforts to fulfill a requested accommodation for such observances when a reasonable accommodation is available that does not create an undue hardship for the University.
Requesting a Religious Accommodation
A student who anticipates being absent from work or class because of religious beliefs or practices that conflict with their job, class schedule, or a Daemen University policy or practice on dress and appearance to their supervisor or instructor/faculty member in charge of the course. Students are asked to examine the academic calendar and/or course syllabus for potential conflicts at the start of the semester and promptly notify the supervisor and/or instructor in writing of any anticipated accommodation needs, providing as much notice as possible, clearly specifying the reason for the requested absence or other accommodation. Students are responsible for arranging in advance to make up missed work or material in a timely manner.
Providing Religious Accommodation
Reasonable accommodations are determined on an individual basis and depend on the circumstances. They might include rescheduling an exam or giving the student a make-up exam, allowing an individual or group presentation to be made on a different date, letting a student attend a different discussion section for the same class that week, adjusting a due date, or assigning the student appropriate make-up work that is intrinsically no more difficult than the original assignment.
Supervisors and instructors are expected to reasonably accommodate individual religious practices. A refusal to accommodate is justified only when undue hardship to the University’s legitimate business purposes would result from each available alternative for reasonable accommodation.
The University prohibits retaliation against students requesting religious accommodation, participating in an approved accommodation, or otherwise engaging in protected conduct under this policy. Any person who violates this anti-retaliation provision may be subject to disciplinary and/or corrective action. Students who believe that they have been retaliated against or not accommodated appropriately should contact the EEO Officer/Daemen University Center for Diversity and Inclusion and/or the Director of Employee Engagement.
Official University announcements are posted on bulletin boards located throughout the campus. All student organization activity announcements must be approved by the Director of Student Activities (or designee) or they cannot be guaranteed space on official bulletin boards. The University is not responsible for the removal of banners, signs, or notices. Announcements should be removed by the sponsoring organization as soon as they become outdated (within 24 hours after an event). NOTE: posters and flyers are not permitted on windows or doors, or anywhere in the building stairwells.
Daemen University is a Tobacco Free Campus and therefore, smoking, of any substance, is prohibited at all times on campus grounds. Campus grounds include all Daemen owned property including the Academic and Wellness Center, and property along Getzville Road and Campus Drive, as well as all residence hall rooms, apartments, and common areas. State law and local fire ordinances prohibit smoking in all areas of public buildings.
Neither solicitation nor proselytism will be tolerated on University property without the express permission of the Vice President for Strategic Initiatives or Dean of Students. This policy does not pertain to the basic and free practice of a student's personal religious belief, as long as religious activities do not infringe upon the rights of others or disrupt the educational functions of the University.
Daemen University recognized student organizations may be granted permission to conduct fundraising activities as approved by the Student Activities Office. The University does not permit solicitation by credit card companies on campus in any manner, including indirect affiliations with fundraising activities by student organizations.
Anyone suspected of soliciting without administrative permission should be reported immediately to Campus Safety, the Director of Housing and Residence Life (in the case of residence halls), or to the Dean of Students (in case of other campus buildings).
Daemen University is committed to serving its students effectively and responsively. Students with questions or complaints should communicate directly with the department or office concerned, with a view to resolving the issue as expeditiously as possible.
Ordinarily, disputes with faculty members should be brought to the attention of the chair of the faculty member’s department or, if the dispute involves the chair, to the divisional dean. A student may choose to use the online Bias Report Form, if pertinent, for assistance in resolution. Disputes concerning grades (including determinations of academic dishonesty) are handled exclusively in accordance with the Grade Appeal Procedure found in the University Catalog and the Student Handbook.
Disputes with non-faculty employees should be brought to the attention of the employee’s supervisor for review and resolution.
Disputes between students that do not fall into one of the above-mentioned categories should be brought to the attention of the Dean of Students.
Students at the university level, regardless of age, have both the right and responsibility to represent themselves in all matters concerning their education. This includes their ongoing development of those life skills necessary to functioning as capable and successful adults in the workplace and beyond. As such, the direct involvement of parents or other personal advocates in dispute resolution at the university level is generally considered inappropriate.
Students wishing to discuss an issue concerning a University employee are welcomed and encouraged to speak with an advisor in the Student Success Center (Research & Information Commons, first floor). Advisors can be valuable sounding boards who, while not “taking sides,” can help students clarify issues, explain any pertinent policies or procedures, and give supportive guidance on the student’s options.
Typically, in cases where the dispute potentially includes a violation of the Student Code of Conduct, the situation will be addressed via the procedures set forth in this handbook under the Conduct Review Procedures.
Daemen University deeply values freedom of expression and encourages all members of the University community to engage in thoughtful discourse, debate, and the exchange of ideas. The very nature of a university environment challenges members of its community continually to question the world in which we live, and to think critically and creatively in an effort to enrich our lives and our community. The University does not guarantee, or even endeavor to provide, a campus environment free of expressions that may offend currently held paradigms; however, the University does retain the right to limit expressions that are antithetical to the values of the Mission of Daemen University or that violate the Student Handbook Code of Conduct. The student newspaper is additionally regulated by the University's affiliation with the Associated Collegiate Press and their attendant guidelines. See the STUDENT DISPUTE RESOLUTION PROCEDURE in this Handbook to appeal decisions made that limit freedom of expression, and/or other disciplinary decisions made by the University.
The health and safety of members of the Daemen University community are of primary interest to the institution. When alerted to a student who may be in imminent danger of harming themselves, the University will take all reasonable steps to get that student help quickly and compassionately while working to preserve that student’s academic progress. These steps could include, but are not limited to, requiring a psychiatric evaluation from an outside professional before returning to class, calling proper authorities, including police, rescue, and crisis services to assess the situation, and implementing a “Statement of Expectations” regarding specific tasks the student must follow. Students who have indicated a direct harm to themselves and who refuse to get an evaluation from a medical professional would be subject to follow-up through the Student Code of Conduct.
Before community members reserve, drive, or accompany a van, the University wants to ensure that they are aware of the following insurance restrictions placed on the University regarding the usage of Daemen vehicles to transport personnel.
The Director of Campus Safety is responsible for scheduling the use of the University vans. The University vans may be used by any organization, residence hall, or group recognized by the University, according to the following guidelines; however, use of the vans is a privilege, not a right. This privilege is subject to van availability. The Director of Campus Safety (or designee) reserves the right to deny requests based upon anticipated need or requested purpose. Those who abuse the privilege, as determined by the University, may be prohibited from using the vans. Any groups denied use of the vans may appeal to the Vice President for Strategic Initiatives (or designee).
- Requests for use of a van should be made 5-7 days in advance to the Director of Campus Safety. Last-minute requests may be denied. Vans are reserved on a first-come, first-served basis; however, official use of the vans by the University has priority over the use of vans by student groups and organizations. Any changes or cancellations must be communicated to the Director of Campus Safety immediately; failure to do so may affect future request approval.
- The vans will be used primarily for travel in and around the vicinity of Daemen University by groups of at least six individuals (not further than a 75 mile distance from the University). The van is not allowed to leave the country (no trips to Canada).
- Only members of the Daemen University community may ride in the University vans. A list of all passengers must be provided to campus safety at the time of van pick-up.
- A group may be denied the use of a van at the discretion of the Office of Campus Safety if:
- The group requesting a van plans to attend a bar or other social event where the activity will include the consumption of alcohol.
- The presence of the Daemen van will reflect negatively on the University.
- The van is requested for use beyond midnight, without good cause.
- Drivers of a University van must turn in a photocopy of their current driver license to Campus Safety in Wick Student Center, and may also be asked to present a conviction stub, if applicable. In addition, drivers will need to sign a release to have their driving record investigated by the New York State Department of Motor Vehicles. Drivers are required to be staff or faculty at the University, and free of any driving-related convictions within the last two years. Drivers must also have no current, unsatisfied social sanctions pending at the University.
- If a group does not have an approved driver, a driver may be requested. To request a driver, their service must be required for at least 3 hours. If a driver is supplied, the group will be charged for the driver’s services.
- Drivers are responsible for following all motor vehicle regulations and laws. Should a trip exceed 8 hours, multiple approved drivers will be required.
- Riders are responsible for wearing their seat belts at all times in the vehicles.
- No food or beverages are allowed in the vans.
- Groups using a van overnight must be accompanied by a faculty or administrative person employed by the University on a full-time basis.
- The group is responsible for any tolls and/or parking fees.
- Van drivers/passengers may not drink alcohol nor use drugs which can affect driving performance during the entire time that they have possession of a van. Alcohol is not permitted inside a University van; smoking is not permitted in the van.
- Keys to the vans may be picked up at the Campus Safety Desk in the Wick Student Center. A reservation confirmation with the appropriate signatures must be brought to Campus Safety when picking up the keys along with a list of passengers.
- When arriving back to campus, the driver will return the van to the proper parking area and ensure the van is locked and secure. The keys must be returned to the Campus Safety Officer on duty. The group must remove any debris from the van interior. The group may be charged for gas or any damages and may restricted from any further use if determined necessary.
- Any negative incidents and/or legal infractions involving the van may result in restrictions in use or complete revocation of the van-use privilege.
Daemen University requires all trustees, officers and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the University, we must practice honesty and integrity when fulfilling our responsibilities and comply with all applicable laws and regulations. The University’s internal controls and operating procedures are intended to detect, prevent or deter improper activities; however, even the best systems of control cannot provide absolute safeguards against irregularities. Accordingly, the University has adopted this Whistleblower Policy to provide a mechanism to assist and encourage trustees, officers and employees to come forward in good faith with reports or concerns about suspected compliance issues on a timely basis.
It is the responsibility of all trustees, officers and employees to report suspected financial misconduct. This Whistleblower Policy governs only the reporting and investigation of suspected financial misconduct, such as violations of applicable laws, external regulations, University policy of a financial nature or misuse of University resources. Financial misconduct may include, but is not limited to, ethics violations, fraudulent transactions, conflicts of interest, inappropriate expenditure of funds, questionable internal controls and failure to comply with accounting standards and audit practices, theft or inappropriate use of cash or other University resources, falsification of hours worked for payroll purposes and inappropriate spending of cash through the accounts payable process. The policy is not intended and may not be used for personal or employment grievances, general compensation and benefit complaints, opinions on policy, etc. Such concerns should be pursued in accordance with pertinent policies articulated in the appropriate sections of employee and student handbooks. While this policy pertains only to trustees, officers and employees of the University, students with concerns in this regard are encouraged to discuss their concerns with the Vice President for Strategic Initiatives (or designee), who will determine the most appropriate course of action.
The complete policy may be viewed on the University's website at: daemen.edu/employeepolicies.
Crime Reporting Policy
Daemen University strives to maintain a safe campus and relies on all members of the campus community to do their part to keep our campus safe. Any member of the campus community – faculty, student, staff, trustee – who observes criminal activity on the Daemen main campus or at any off-campus instructional site is expected to report such conduct promptly to the police and to the Office of Campus Safety (persons designated as Campus Security Authorities (CSAs) under the Clery Act or Responsible Persons under Title IX are obligated to report criminal activity and have received training accordingly.)
Criminal activity includes but is not necessarily limited to: physical assault, including sexual assault and abuse; burglary, robbery, arson, unauthorized display or use of a dangerous weapon, and the illegal distribution or manufacture of controlled substances. If you observe a crime, phone 911 immediately and follow the instructions of the police. Contact Campus Safety immediately thereafter. Any crime directly involving a member of the campus community, whether as victim or alleged perpetrator, should also be brought to the prompt attention of the Office of Campus Safety. In addition, there are occasions when minors (persons under 18 years of age) are on the Daemen University campus or involved in University events. Any person who observes the sexual abuse of a minor or has a reasonable suspicion of such abuse, should immediately notify Campus Safety and the local police authorities (call 911). A call may also be made to the NYS Child Abuse Hotline at 1-800-342- 3720. Any such conduct involving a Daemen student or employee should also be brought to the attention of the Office of the President. The prompt reporting of criminal activity is essential to securing a safe campus environment for all persons, including guests and members of the public. No one is exempt from the expectation of law-abiding behavior. There shall be no form of retaliation within the Daemen University community against any person making a good faith report of suspected criminal activity.