Section 8: Student Code of Conduct and Procedures

The students of Daemen College are viewed as adults and are expected to conduct themselves accordingly. The nature of the college environment requires this view, and various rules and regulations have been developed to support it. As adults, Daemen College students are responsible, not merely to avoid harming the College community, but rather to improve it, support it, and encourage its growth.

The administration, faculty, and students are all members of the College and together constitute a unique and self-sufficient community with shared values.  Upon entering Daemen, students are expected to subscribe to these values and base their conduct—on-campus, off-campus, and on-line— upon those standards which the Daemen community sees as necessary to the proper exercise of scholarly endeavor (Code of Conduct).

This Code of Conduct reflects general principles of behavior accepted by society and by institutions of higher education. It also describes conduct about which Daemen College has made specific statements, rules, and regulations.  This Code is managed under the auspices of the Division of Student Affairs and the respective Vice President in that area.  Generally, the Dean of Students has direct responsibility for managing the implementation of the Code and its procedures as stated throughout this section.  However, in certain circumstances such as where the DOS is not available and/or has not assigned a designee, the responsibility for responding to incidents and reports falls to the VPSI or designee

All Daemen students (including those involved in Distance Learning) are responsible for knowing and following the Code of Conduct and the other regulations which are part of the Student Handbook and the College Catalog. The Student Handbook is online at the College’s website.

Administrative staff at the level of director and above may restrict students from areas or activities under their jurisdiction, pending resolution of a specific disciplinary complaint offered in writing to the Dean of Students.

Any faculty member has the authority to restrict a student from a classroom or other instructional area for the duration of the scheduled instructional period in which a violation of the Student Code of Conduct has occurred. Faculty chairpersons have the authority to restrict students from specific classes, other instructional activities, and faculty offices, pending resolution of a specific disciplinary complaint offered in writing to the Vice President for Strategic Initiatives (or designee) or the Senior Vice President for Academic Affairs & Dean of the College.

Instances of academic dishonesty or other violations of academic policy are handled in accordance with the policies set forth in the faculty member’s syllabus; departmental handbook, if any; and the Academic Honesty Policy of the College. Students wishing to appeal academic decisions made by faculty should consult the Grade Appeal Procedure section of the College Catalog and, if applicable, the stated policies and procedures of the academic department in which the concern has arisen.

Should a student’s presence on campus create a threat to the safety or well-being of other members of the Daemen College community, the College reserves the right to immediately suspend that student from campus until the time of a hearing. Additionally, the College reserves the right to resolve a case and sanction a student, including suspension, without a hearing where such action is deemed necessary or appropriate by the President of the College.

Nothing in this Code of Conduct precludes a faculty member from promptly removing a disruptive student from their classroom for the period of time needed to effectively resolve the issue and ensure a safe classroom environment that is conducive to the academic standards of the College.

Definitions
The following definitions refer to the Daemen College conduct review procedures and processes only:

1.    

The term “College” means Daemen College;

2.    

The term “student” includes both full-time and part-time, whether pursuing undergraduate or graduate studies or taking courses as a non-matriculant. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College are considered “students”;

3.    

The term “College official” includes any person employed by the College or an out-sourced auxiliary service who performs assigned administrative or professional responsibilities, including conducting classroom activities;

4.    

The term “Residence Life Staff” includes resident assistants, hall directors, Coordinator of Residence Life & Career Development, the Assistant Director of Residence Life, and the Director of Housing and Residence Life;

5.    

The term “member of the College community” includes any person who is a student, faculty member, College official or any other person employed by the College, including any College auxiliary service employee and vendors;

6.    

The term “College premises” includes all land, buildings, facilities, and other property in the possession of, owned, used, leased, or otherwise controlled by the College;

7.    

The term “College organization” means any number of persons who have complied with the formal requirements for College recognition/registration;

8.    

The term “conduct review body” means any person or persons authorized to determine whether a student has violated the Student Code of Conduct and to recommend imposition of sanctions; exercise disciplinary action following a proper hearing. The College will exercise this right in cases where its reputation or orderly functions as an academic community are involved;

9.    

The term “appellate body” means any person or persons authorized to consider the appeal of a conduct review body’s determination that a student has violated the Student Code of Conduct or the sanctions imposed by the conduct review body;

10. 

The term “College policy” is defined as the written regulations of the College as found in, but not limited to, the Student Handbook, and the College Catalogs;

11. 

The term “hearing officer” means the person present during conduct review hearings responsible for ensuring that due process, as defined by the Student Handbook, is followed. The hearing officer in Campus Standards Board hearings is the chair. In all other hearings, one individual serves as both the hearing officer and the “conduct review body";

12. 

The term “investigation” refers to any fact-finding process implemented by the College in order to gather any and all relevant information needed to determine the extent to which a violation of the Student Code of Conduct may have occurred.  An investigation may be conducted before formal charges are issued in order to determine if sufficient information exists to warrant said charges.

Jurisdiction of the College Conduct System
The College Conduct System will hear complaints concerning student violations of College policy or regulations whenever the conduct in question occurs in any of the following circumstances:

1.   If it occurs on the campus or in any College facility;

2.   If it occurs while the student who is charged was attending or participating in any College-related activity, including but not necessarily limited to study abroad, field trip, experiential learning of any kind (including internships, clinical placements, and service learning), social event, activity sponsored by a recognized student organization; or

3.  If the conduct, whenever and wherever it occurs, including via online media, calls into question the student’s suitability as a member of the College community. Unlawful acts of violence, violations of another’s civil rights, hazing, the unlawful sale or possession of drugs, the unlawful use of alcoholic beverages and crimes against persons or property, and/or alleged violent felony offenses, are examples of conduct that will subject a student to the conduct review system regardless of where the conduct occurs. In cases involving student behavioral problems that occur off campus, the College reserves the right to initiate disciplinary action in the interest of preserving its reputation and orderly functioning. The fact that a student’s conduct may also constitute a crime in violation of local, state, or federal law does not limit the ability of the College to discipline the student for that conduct. The College, therefore, reserves the right to submit a complaint to the conduct review system even if the same conduct is or may become the subject of a criminal case.

In addition to the policies listed in various sections of this handbook, Daemen College Student Code of Conduct outlines behaviors that are prohibited at the College. The specific items are not meant to serve as an exhaustive list, but as a general guideline for addressing student behavior. The College reserves the right to address other behaviors that occur that are considered detrimental to the learning environment and/or health and safety of the College community.

To that end, prohibited behavior at Daemen College includes the following:

1. Non-academic dishonesty, including, but not limited to, theft, attempted theft, possession of stolen property, forgery, and falsification of information provided to any College official;
   
   1. Lying: any statement, action, or behavior with the intent to deceive.
   2. Possession or use of a fake ID.
   3. Stealing: knowingly taking an item or items without the owner’s expressed permission.
   4. Eluding or evading: any statement, action, or behavior with the intent of hiding the truth, including running or hiding from College personnel.
   5. Aiding and abetting: knowingly encouraging, assisting and or being an accessory to any act prohibited by the Student Code of Conduct.
2. Conduct which threatens the physical or psychological health and/or safety of any person (including the person committing the act) or the sanctity of the campus, including, but not limited to physical or sexual assault (See also the policies on Sexual Violence and Assault and Prohibiting Unlawful Harassment including Sexual Harassment in Section 5 of this Handbook);
   
   1. Dating Violence: violence, whether physical, sexual, or the threat thereof, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
   2. Domestic Violence: a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner, a cohabitating partner, or another person with whom the victim shares a child;
   3. Sexual Harassment: as defined in Section 5 of this Handbook.
   4. Sexual Assault/Rape: an offense that meets the definition of rape, sodomy, sexual assault with an object, fondling, incest, or statutory rape as used in the FBI’s UCR program;
   5. Stalking: any act, whether via phone, internet, or physical proximity, that, through unwanted and/or unsolicited viewing or communicating, threatens an individual’s physical or emotional safety.
   6. Physical Attack.
   7. Hazing.
   8. Harassment: any act, whether written or verbal, via online or in person, that abuses, intimidates, or threatens the safety of a member of the Daemen College community.
   9. Hate Crime: defined by the College as a subset of Harassment and focuses on any overt act that is done to another person based on any of the areas outlined in the College's non-discrimination policy.
   10. Failure to maintain personal health, whether physical, mental or emotional, in such a way that it threatens the safety and security of the individual or the College community.
   11. Use or possession of firearms, fireworks, or other weapons that could be considered lethal, including those weapons for which the person has a permit.
3. Damage to or misuse of public, private, personal or College property;
   
   1. Property Damage, either to an individual’s or the College’s property.
   2. Removing approved postings and/or Office of Residence Life notices or bulletin boards.
   3. Littering, applying graffiti, and/or other behavior which threaten the cleanliness and appearance of the College.
   4. Use of fire equipment, including sprinklers, extinguishers, and/or hoses, in any manner for which it was not intended.
   5. Defenestration: throwing objects outside of window or from balcony or roof.
4. Violation of policies as described in the Student Handbook, the College Catalog, the Housing Agreement and all other rules governing College facilities, programs and services including, but not limited to the following;
   
   1. Violation of Residence Life policies (see Residential Living policies section)
   2. Purchase, possession, use, consumption, sale or distribution of alcohol, except by consumers of legal age and in compliance with the College’s alcohol policy.
   3. Possession or use of alcohol paraphernalia and/or items or activities that may promote binge, heavy, or episodic drinking, such as, but not limited to, kegs and beer pong balls.
   4. Distribution or attempted distribution of alcohol to any person under the legal drinking age
   5. Distribution or attempted distribution of a drug, including prescription medication.
   6. Illegal use or possession of a drug, including prescription and over-the-counter drugs.
   7. Manufacturing of any drug, including growing marijuana for any purpose.
   8. Possession or use of illegal or someone else’s drugs and/or drug paraphernalia.
   9. Accessing prohibited areas in the residence halls, including but not limited to, fire escapes, balconies, and basements, except in an emergency.
5. Intentional obstruction or disruption of teaching, research, administration, disciplinary procedures, other College activities or activities authorized to take place on College property;
6. Disorderly conduct including acts which breach the peace;
   
   1. Disruptive behavior.
   2. Unauthorized or improper entry, whether peacefully or by force, into a prohibited area or residence hall/apartment in which there is no documented reason for being present.
   3. Urinating in public.
   4. Misuse of residence hall property.
7. Non-compliance with the directions of College or civil authorities performing official duties, including failure to give proper identification when requested.
8. Violation of a student’s rights or privileges and verbal or written harassment, discrimination, abuse and/or disrespect of any person;
   
   1. Harassment: any act, whether written or verbal, via online or in person, that abuses, intimidates, or threatens the safety of a member of the Daemen College community.
   2. Acts or abusive language, either in public or via online sources.
9. Violation of statutes, laws, ordinances and/or regulations of the Town of Amherst, State of New York (or other states, when applicable) and the United States of America.

Any member of the College community may initiate the conduct review process against any student for alleged violations of the Student Code of Conduct generally within two to three months of the alleged violation(s) by submitting a complaint in written form to the Dean of Students (DOS), or designee. Residence Life and Campus Safety staff will thoroughly investigate the incident and complete an incident report, which will be provided to their supervisor, after addressing a violation. Charges filed by all other members of the community must be prepared in writing and will be directed to the DOS (or  designee). Alleged violations of the Student Code of Conduct generally may be adjudicated by one of three types of conduct review body on campus, depending upon the nature and seriousness of the charges (see below for levels of violations), the location of the event and/or the number of students involved:

• Residence Life staff generally address lower-level violations by residents living within their respective residence areas;
• Professional staff members of the Division of Student Affairs generally address intermediate-level violations and cases involving commuter students or multiple residents from different living areas;
• The Campus Standards Board, consisting of students, faculty, and/or administrators generally conducts hearings to address violations of the most serious nature that have the potential to result in College suspension or expulsion. The Board is advised by the DOS who appoints a trained administrator to serve as the chair.

There are two exceptions to the above-stated procedures. With respect to non-academic matters, exceptions to this policy may be made by the DOS, at their discretion. With respect to academic dishonesty, faculty should follow policies as outlined in the Academic Policies Section (Section 6) of this Handbook.

When an incident is reported to the College, either through a College official or a student, the College will review the incident to determine if a potential violation of the Student Code of Conduct occurred. If there is insufficient information from that incident report, the DOS (or designee) may request that an investigation occur in order to determine whether there is enough information to warrant charges and a review by conduct review body. While an investigation occurs, by an official appointed by the DOS (or designee), interim measures may be implemented, as outlined further in this section.

Audio recordings of meetings with individuals who may have relevant information about the incident may be made by the College official conducting the investigation. Information collected through an investigation, including audio recordings, witness and complainant statements, etc, are confidential and generally, are not available for review by any party during the investigation process, except at the discretion of the DOS (or designee).

It is at the discretion of the DOS (or their designee) to determine whether or not information provided through the investigation is sufficient to warrant either a formal review by a conduct review body or an informal resolution. Typically, complainant(s) will be notified of the conclusion of the investigation and a resolution to the complaint, but may not be informed of the outcome before a conduct review body and/or the resulting sanctions, if applicable, except in the case of alleged sexual violence cases.

Questions about the conduct process should contact the Office of Student Affairs at 716-839-8519 during regular business hours; 8:30am-4:30pm.

 If the College has determined that a matter is to be reviewed by a conduct review body, the following guidelines will generally be applied, after an investigation has occurred, if applicable. Exceptions to these procedures may be made at the discretion of the DOS (and/or designee). All College hearings are open only to members of the College community and those people who have specific involvement in the case, and only at the discretion of the hearing officer.

1.   All charges of misconduct shall be presented to the accused student/respondent in written form generally between two and 30 calendar days after the student has been notified;
2.   Hearings shall be conducted in private. Admission of any person to the hearing shall be at the discretion of the hearing officer;
3.   The respondent and the complainant have the right to be accompanied throughout the hearing by advisors of their choice selected from among members of the College community and at the approval of the hearing officer. Only when the student is exposed to concurrent criminal charges or civil liability, or in cases involving sexual assault or harassment as defined previously in this Handbook, may a respondent request to have legal counsel as an advisor. An advisor, including legal counsel, may not speak on behalf of the respondent or address the conduct review body. The names of the advisors must be provided to the hearing officer at least two working days prior to the hearing in order to be approved;
4.   The respondent and the complainant may present as witnesses only those persons with first-hand knowledge of the alleged incident or violation or others having information which can otherwise be shown to be credible. The decision to hear testimony or receive information from witnesses having information other than first-hand shall be made by the conduct review body or the hearing officer;
5.   In hearings involving more than one respondent, the hearing officer, at their discretion, may permit the hearings concerning each student to be conducted separately;
6.   All procedural questions are subject to the final decision of the hearing officer in accordance with applicable policies and procedures as outlined in the Student Handbook. While College policies provide for a level of due process appropriate to a private institution of higher learning, the standards of evidence and due process that may pertain in civil and criminal courts are not applicable to the College conduct review process;
7.   Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a conduct review body at the discretion of the hearing officer. Assumptions, speculations, or references to prior, unreported incidents will not normally be permitted;
8.   After the hearing, the conduct review body shall determine (by majority vote in Campus Standards Board hearings) whether the student has violated each section of the Student Code with which the student has been charged with violating. The conduct review body’s decision shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct (preponderance of evidence);
9.   There shall be a record of all hearings heard before a conduct review body for use by the appellate body, a copy of which may be made available to the respondent or the complainant. Generally, there shall be no audio/visual recordings of hearings other than those conducted by the Campus Standards Board and/or those involving incidents of sexual assault;
10. Failure to obey the summons of a hearing officer or failure to attend one’s own hearing does not preclude the case from still being heard and a decision being rendered; and
11. Decisions made by a conduct review body shall be final, pending the normal appeal process. Following a hearing, the hearing officer shall advise the respondent in writing of the decision of the hearing and of the sanction(s) imposed, if any, within five calendar days whenever possible. Typically, the complainant will only be informed of the decision of conduct review body and/or the resulting sanctions, if applicable, in cases involving sexual assault/dating violence.
12. Typically, Daemen College will work to resolve all conduct matters in totality within 60 calendar days.

 

A student accused of sexual assault, domestic violence, dating violence, stalking, or sexual activity will receive (i) notice describing the date, time, location and factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions;  (ii) an opportunity to offer evidence during an investigation, and to present evidence and testimony at a hearing, if deemed appropriate by the hearing office, and have access to a full and fair record of any such hearing, which shall be preserved and maintained for at least five years from such a hearing and may include a transcript, recording or other appropriate record;  and (iii) access to at least one level of appeal of a determination before a panel that is fair and impartial and does not include individuals with a conflict of interest. In order to effectuate an appeal, a respondent and reporting individual in such cases shall receive written notice of the findings of fact, the decision and the sanction, if any, as well as the rationale for the decision and sanction. In such cases, any rights provided to a reporting individual must be similarly provided to a respondent and any rights provided to a respondent must be similarly provided to a reporting individual.

It is at the discretion of the DOS (or designee) whether or not a case is heard by an individual or by the Campus Standards Board (CSB). Regardless of the medium through which the case is heard, all hearings are open only to those people who have specific involvement in the case. Generally, Daemen College will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing unless otherwise resolved through an informal resolution process and/or where interim actions are deemed appropriate to protect the safety, well-being, and/or decorum of the campus community. The complainant shall at all times have the burden of proof, upon preponderance of the evidence, that the respondent has violated the Student Code of Conduct. Exceptions to these procedures may be made at the discretion of the Dean of Students (and/or designee).

1. The chair shall call the meeting to order formally, announcing the date and time.
2. The due process coordinator shall introduce the purpose of the hearing, outline the conduct process and identify roles for those attending the hearing. (The due process coordinator, a role which may also be filled by the hearing officer or another duly appointed individual, is responsible for ensuring that procedures are followed as outlined in this handbook and, as such, may interject as needed during the proceedings).
3. All parties involved will introduce themselves by name and role at the hearing (panel member, respondent, complainant, witness, advisor).
4. The chair shall read the charges and the respondent will provide a preliminary indication of whether they are responsible or not responsible for those charges.
5. The complainant shall present their opening statement and present their complaint (In certain instances, when deemed appropriate by the DOS or designee, the role of the complainant may be the College).
6. Members of the CSB may ask questions of the complainant, respondent, and all witnesses for the purpose of fact finding and clarification;
7. The respondent may question the complainant and witnesses as they appear. Questions by either the complainant and/or respondent must be submitted to the hearing officer at least two days prior to the hearing in order to be considered. (In cases deemed appropriate by the chair and/or the due process coordinator, questions by the respondent to the complainant and witnesses will be made directly to the chair who will communicate those to the appropriate party. Responses will also be made directly to the chair);
8. The respondent shall present their opening statement and present their response. 
9. Members of the CSB may ask questions of the complainant, accused student, and all witnesses for the purpose of fact finding and clarification;
10. The chair, or relevant witnesses if present, will read into record any additional pieces of information, witness accounts, etc., that are deemed necessary and relevant for the case.
11. CSB members may call witnesses from either side after all original testimony has been heard for the purpose of fact finding and clarification;
12. The complainant may present a closing statement;
13. The respondent may present a closing statement;
14. All parties except CSB members shall be excused from the hearing room while the Board discusses the case to determine their decision and appropriate sanction(s).
    
    1. Generally, a decision will be rendered at the time of the hearing unless unusual circumstances make deferment necessary; and
    2. A majority vote of CSB members present is sufficient to declare a decision and sanction(s).
15. The complainant and respondent will remain in the vicinity of the hearing during the Board’s deliberation, unless excused by the committee;
16. The respondent shall be called back to the hearing room to be verbally informed of the decision and sanction(s), if rendered at the time of the hearing. Any sanctions imposed are effective immediately, unless otherwise indicated.  All verbally communicated sanctions will be sent within 24 hours in writing to the respondent.
17. A transcript of the hearing is made by audio recording. Transcripts may not be shared with any persons not directly involved in the hearing;
18. In case of an appeal, a copy of the transcript will be made to the appeal body. 

1. Throughout the proceedings the respondent, accused, and reporting individual will be provided equal access to advisors and support persons. Daemen College has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule (Title IX), Advisors of Choice shall not participate directly in the process as per standard policy and practice of Daemen College. A prompt response to any complaint will be provided and the complaint will be investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made.

2. Daemen College’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and Daemen College cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator, appropriate Deputy, or designee. Daemen College will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by Daemen College.

3. An investigation and process will be fair, impartial and provides a meaningful opportunity to be heard, and that is not conducted by individuals with a conflict of interest.

4. The hearing process may run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than five days except when law enforcement specifically requests and justifies a longer delay.

5. To review and present available evidence in the case file, or otherwise in the possession or control of Daemen College, and relevant to the conduct case, consistent with Daemen College’s policies and procedures.

6. To exclude their own prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis and/or treatment from admittance in the disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.

7. To receive written or electronic notice, provided in advance pursuant to the Daemen College policy and reasonable under the circumstances, of any meeting they are required to or are eligible to attend, of the specific rule, rules or laws alleged to have been violated and in what manner, and the sanction or sanctions that may be imposed on the respondent based upon the outcome of the conduct process, at which time the designated hearing or investigatory officer or panel shall provide a written statement detailing the factual findings supporting the determination and the rationale for the sanction imposed.

8. To make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.

9. To simultaneous (among the parties) written or electronic notification of the outcome of the conduct process, including the sanction or sanctions.

10. To be informed of the sanction or sanctions that may be imposed on the respondent based upon the outcome of the conduct process and the rationale for the actual sanction imposed.

11. To choose whether to disclose or discuss the outcome of the conduct process.

12. To have all information obtained during the course of the conduct process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

 

It is at the discretion of the DOS (or designee) whether or not a case is heard by an individual or by the Campus Standards Board (CSB). Regardless of the medium through which the case is heard, all hearings are open only to those people who have specific involvement in the case. Generally, Daemen College will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing unless otherwise resolved through an informal resolution process and/or where interim actions are deemed appropriate to protect the safety, well-being, and/or decorum of the campus community. The complainant shall at all times have the burden of proof, upon preponderance of the evidence, that the respondent has violated the Student Code of Conduct. Exceptions to these procedures may be made at the discretion of the Dean of Students (and/or designee).

1. The chair shall call the meeting to order formally, announcing the date and time.

2. The due process coordinator shall introduce the purpose of the hearing, outline the conduct process and identify roles for those attending the hearing.  (The due process coordinator, a role which may also be filled by the hearing officer or another duly appointed individual, is responsible for ensuring that procedures are followed as outlined in this handbook and as such, may interject as needed during the proceedings).

3. All parties involved will introduce themselves by name and role at the hearing (panel member, respondent, complainant, witness, advisor).

4. The chair shall read the charges and the respondent will provide a preliminary indication of whether they are responsible or not responsible for those charges.

5. The complainant shall present their opening statement and present their complaint (In certain instances, when deemed appropriate by the DOS or designee, the role of the complainant may be the College).

6. Members of the CSB may ask questions of the complainant, respondent, and all witnesses for the purpose of fact finding and clarification;

6a. Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation. See, 85 Fed. Reg. 30026, 30360 (May 19, 2020).

7. The respondent shall present their opening statement and present their response. 

8. Members of the CSB may ask questions of the complainant, accused student, and all witnesses for the purpose of fact finding and clarification;

9. The chair, or relevant witnesses if present, will read into record any additional pieces of information, witness accounts, etc., that are deemed necessary and relevant for the case.

10. CSB members may call witnesses from either side after all original testimony has been heard for the purpose of fact finding and clarification;

11. Parties will be given the opportunity for live cross-examination after CSB conducts its initial round of questioning; Cross examination will be conducted by the parties’ advisor asking questions that have been submitted in advance; During the Parties’ cross-examination, the Board Chair will have the authority to pause cross-examination at any time for the purposes of asking follow up questions; and any time necessary in order to enforce the established rules of decorum as previously outlined by CSB Chair.;

12. Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Board Chair. A Party’s waiver of cross-examination does not eliminate the ability of the CSB to use statements made by the Party;

12a. If a witness does not submit to cross-examination, as described below, the decision-maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing. 85 Fed. Reg. 30026, 30347 (May 19, 2020).

13. The complainant may present a closing statement;

14. The respondent may present a closing statement;

15.  All parties except CSB members shall be excused from the hearing room while the Board discusses the case to determine their decision and appropriate sanction(s).

15a. Generally, a decision will be rendered at the time of the hearing unless unusual circumstances make deferment necessary; and

15b.  A majority vote of CSB members present is sufficient to declare a decision and sanction(s).

16. The complainant and respondent will remain in the vicinity of the hearing during the Board’s deliberation, unless excused by the committee;

17. The respondent shall be called back to the hearing room to be verbally informed of the decision and sanction(s), if rendered at the time of the hearing. Any sanctions imposed are effective immediately, unless otherwise indicated.  All verbally communicated sanctions will be sent within 24 hours in writing to the respondent.

18. A transcript of the hearing is made by audio recording. Transcripts may not be shared with any persons not directly involved in the hearing;

19. In case of an appeal, a copy of the transcript will be made to the appeal body.

• The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.

• The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination.

• The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.

• The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.

• The advisor is not prohibited from being a witness in the matter.

• If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf. 85 Fed. Reg. 30026, 30340 (May 19, 2020).

• If neither a party nor their advisor appear at the hearing, Daemen College will provide an advisor to appear on behalf of the non-appearing party. See, 85 Fed. Reg. 30026, 30339-40 (May 19, 2020).

If requested at least 48 hours prior to a hearing, the hearing officer may approve the respondent to have an advisor present during the proceedings. Prior to the hearing, the hearing officer will meet with the advisor to provide information about the code of conduct and to answer any questions they may have about the proceedings. The hearing officer cannot answer questions about the incident itself or the student’s responsibility. The advisor is permitted to meet with the respondent in advance of the hearing and to be present at the hearing and the outcome. The advisor’s role is to provide guidance to the respondent with regards to what to ask and how to act, what questions to ask, and how to prepare their case. Advisors are able to share notes with the respondent at the hearing. The complainant may also elect to have an advisor present, subject to the same parameters outlined above.

In cases involving sexual assault or harassment, the complainant and respondent are permitted to have an advisor of their choice present, including legal counsel, pursuant to the same regulations as outlined above.

The following sanctions, among others, may be imposed upon any student found to have violated the Student Code of Conduct:

1.     Warning – A written notice to the student that they are violating or have violated the Student Code of Conduct;
2.     Loss of privileges – Denial or restriction of specified privileges or use of specified facilities for a designated period of time;
3.     Fines;
4.     Conflict mediation (Please note that mediations are not applicable in cases involving sexual harassment and/or assault/violence);
5.     Restitution – Compensation for loss, damage or injury through the payment of money or through appropriate work requirement related to the offense;
6.     Referral to support services/educational programs;
7.     Community Service – Service to the College or other related discretionary assignments;
8.     Probation – Defined as the middle status between good standing and suspension. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating the Student Code of Conduct during the probationary period;
9.     Educational Assignments – Additional activities as assigned by the hearing officer with an educational outcome or goal that relates to the violation;
10.  Drug and Alcohol Assessment completed by a certified health care professional;
11.  Mandated room reassignment or residential suspension – Behavior merits immediate relocation of the student to another campus residence or removal from the College’s residence halls;
12.  Living/learning contract – Disciplinary letter placing the student on probation; this letter is signed by the student requiring them to satisfy certain sanctions within a period of time;
13.  Persona non grata – Prohibition from a specific or all campus property and/or activities. Violation of a persona non grata sanction may subject the violator to arrest for trespass;
14.  Suspension – Removal from classes and other privileges or activities as a student for a designated period of time. Suspension from the College will result in automatic “W” grades in all classes in the semester of the suspension. A suspended individual must turn in campus photo identification, College keys and all other College property at the time the suspension goes into effect and are considered persona non grata. Conditions for readmission may be specified;
15.  Transcript Notation – In accordance with NYS Education Law 129-B, students found responsible for crimes of violence, including but not limited to sexual violence, will be subject to a notation on their transcript stating that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the College while such conduct charges are pending, and declines to complete the disciplinary process, a transcript notation will be made that the student “withdrew with conduct charges pending.” Students seeking removal of a transcript notation for a suspension shall follow the standard appeal process outlined in this Handbook (Section 7: Appeals), provided, in accordance with NYS Law 129-B, that such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.
16.  Expulsion – Permanent removal from classes and other privileges or activities as a student. Expelled individuals must turn in campus card photo ID, College keys and all other College property at the time expulsion goes into effect and are considered persona non grata.

More than one of the above sanctions listed may be imposed for any single violation. Additionally, educational sanctions may be imposed at the discretion of the hearing officer. Other than College expulsion, disciplinary sanctions shall not be made part of the student’s academic transcript, but shall become part of the student’s permanent record. A student’s record is, therefore, subject to review by those authorized to request it, such as transfer higher-education institutions and future employers and in other cases when the student initiates the disclosure.

The following sanctions, among others, may be imposed upon student groups or organizations:

1.   “1” through “9” sanctions listed above;
2.   Deactivation – Loss of privileges, including College recognition, for a specified period of time.

When a student organization engages in some act of misconduct, the College may take action not only against the student(s) involved, but also against the organization itself, as outlined in the Student Activities Section (Section 4) of this Handbook.

Standard Sanctions
In recognition that no two circumstances are identical, the College provides tables that outline guidelines for sanctions for standard violations. Actual sanctions may vary based on the situation and nature of the infraction. For ease of viewing, these tables can be found online at daemen.edu/studenthandbook.

The table (pdf) below assumes that the student is found RESPONSIBLE and is only meant to provide a guideline for students.  Actual sanctions may vary from what is on this list, or differ in severity, based on the specific circumstances of the case.

Violation	Hearing Type	Probation	Fine	Warning	Parents Notified	Educational Sanction	D/A Assessment	No Contact Order	Drug Test	Persona Non Grata	Res Change	Restitution/Community Service	Loss of Privileges	Suspension (Housing)	Suspension (College)	Expulsion
Alcohol (Possession of Paraphernalia)	AD	One (1) Semester	$25*	*	*	X
Alcohol (Possession, Use)	AD	One (1) Semester	$50		X	*	*
Defenestration	AD	One (1) Semester		*							X	*		*
Drug: Marijuana (Possession, Use)	AD	One (1) Semester	$50	X	*	*	*		*					*
Drug: Marijuana (Sale, Distribution)	CSB		$100*		X					X				X	X	*
Drug: Other (Possession, Use)	AD / CSB	Two (2) Semesters*	$100*		X		X		X					X	*
Drug: Other (Sale, Distribution	CSB		$100*		X				X	X				X	X	*
Fire Safety	AD / CSB	One (1) Semester	$50							*	*	X	*	*	*
Lying	AD / CSB	One (1) Semester	$25									*	*
Noise Violation	AD			X							*
Guest Policy	AD	One (1) Semester*		*									*
Pets	AD	One (1) Semester	$25 p/d											*
Public Health	AD	One (1) Semester*	$25	X	*	*			*(COVID Test)				*
Sexual Assault	AD / CSB				*			X		X			*	X	X	X
Stalking	CSB / AD			*		*		X		X			*	*	*	*
Smoking	AD	One (1) Semester	$25									*
Theft	AD / CSB	Two (2) Semesters*						*		*		X	*	*	*	X
Unauthorized Access	AD	One (1) Semester	$25							*	*	*	*
Vandalism	AD	Two (2) Semesters								*	*	X	*	*
Violence/ Fighting	AD / CSB	Two (2) Semesters						X		*	*	X	*	*	*	*
Weapons	AD / CSB	Two (2) Semesters*						*		*	*		*	*	*	*

 

The table (pdf) below assumes that the student is found RESPONSIBLE and is only meant to provide a guideline for students.  Actual sanctions may vary from what is on this list, or differ in severity, based on the specific circumstances of the case.

Violation	Hearing Type	Probation	Fine	Warning	Parents Notified	Educational Sanction	D/A Assessment	No Contact Order	Drug Test	Persona Non Grata	ResChange	Restitution/ Community Service	Loss of Privileges	Suspension (Housing)	Suspension (College)	Expulsion
Alcohol (Possession of Paraphernalia)	AD	Two (2) Semesters	$50			X					*	X
Alcohol (Possession, Use)	AD	Two (2) Semesters	$100		X	X	X					X		*
Defenestration	AD	One (1) Semester									X	X		*
Drug: Marijuana (Possession, Use)	AD	Two (2) Semesters	$50		X		X		X		X	X	X	*	*
Drug: Other (Possession, Use)	CSB				X		X		X		X			X	X	X
Fire Safety	AD	Two (2) Semesters	$100		X							X		X
Lying	AD / CSB	Two (2) Semesters	$50										*	*	*
Noise Violation	AD	One (1) Semester	$25								*
Guest Policy	AD	One (1) Semester									*		X	*
Pets	AD	One (1) Semester	$25 p/d								*		X	X
Public Health	AD	Two (2) Semesters*	$50		X	X			X (COVID Test)		*		X	*	*
Smoking	AD	Two (2) Semesters	$50		X
Stalking	CSB / AD							X		X			X	X	X	*
Theft	AD / CSB	Two (2) Semesters	$100					*		*		X	X	X	*	*
Unauthorized Access	AD	One (1) Semester	$50									X	X	*
Vandalism	AD	Two (2) Semesters	$100									X	X	X
Violence/ Fighting	AD / CSB	Two (2) Semesters						X		*		X	X	X	*	*
Weapons	AD / CSB	Two (2) Semesters						*		*		X	X	X	*	*

 

The table (pdf) below assumes that the student is found RESPONSIBLE and is only meant to provide a guideline for students.  Actual sanctions may vary from what is on this list, or differ in severity, based on the specific circumstances of the case.

Violation	Hearing Type	Probation	Fine	Warning	Parents Notified	Educational Sanction	D/A Assessment	No Contact Order	Drug Test	Persona Non Grata	Res Change	Restitution/ Community Service	Loss of Privileges	Suspension (Housing)	Suspension (College)	Expulsion
Alcohol (Possession of Paraphernalia)	AD	Two (2) Semesters	$100										X	X
Alcohol (Possession, Use)	AD				X						X			X	X
Drug: Marijuana (Possession, Use)	AD / CSB		$100		X		X		*			X	X	X	X	*
Defenestration	AD	One (1) Semester	$100							X		X	X	X
Fire Safety	AD														X
Lying	AD / CSB												X	X	X
Noise Violation	AD	One (1) Semester	$50								X		X	X
Guest Policy	AD	Two (2) Semesters	$50										X	X
Public Health	AD / CSB	Two (2) Semesters	$100		X				X (COVID Test)	*	*		X	*	*	*
Smoking	AD	Two (2) Semesters	$100		X									X	*
Unauthorized Access	AD	Two (2) Semesters	$100								X		X	X	*
Vandalism	AD	Two (2) Semesters	$150								X	X	X		X	*
Violence/ Fighting	CSB							X			X				X	*
Weapons	CSB										X				X	X

 

Sanctions that are not completed by the appropriate deadline will be considered incomplete. An incomplete sanction may result in a fine or additional sanctions. Extensions are given at the discretion of the Dean of Students and/or designee.  If a student withdraws prior to sanction completion, a hold will be placed on their account restricting their return until the sanction(s) is completed.

In certain circumstances, including those involving sexual harassment and/or assault/violence, DOS (or designee) may, upon initial assessment, impose interim measures as a means to ensure the safety of all parties as well as the institution. Furthermore, students have the right to request interim measures, a prompt review of the need for interim measures, and the terms of any interim measure or accommodation provided by Daemen College. Interim measures may or may not be punitive and may include a College or residence-area suspension pending assessment full investigation and/or a hearing before a conduct review body. Interim measures may be imposed to:

1.   help ensure the safety and well-being of members of the College community or preservation of College property;
2.   help ensure the student’s own physical or emotional safety and/or well-being;
3.   help prevent disruption or interference with the normal operations of the College.

Depending on the nature of the interim measures, students may be denied access to the residence area and/or to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the VPSI or DOS (or  designee) may determine to be appropriate.

In certain circumstances, the DOS (or  designee) may impose an interim residence suspension, mandated room reassignment or other restrictions prior to a hearing before a conduct review body.

Whenever interim measures are applied, a hearing convenes at the earliest possible time. The interim measures(s) may remain in effect until a final decision has been reached, including any appropriate appeals process, and/or may be modified at the discretion of the DOS (or designee).

The accused student(s)/respondent(s) or the complainant(s), may appeal a decision made by a conduct review body. A request for an appeal must be submitted in writing to the DOS (or  designee) within five (5) calendar days of the decision. Generally, the DOS will hear appeals of residential suspensions and all matters for which they did not render the decision and the VPSI will generally hear all appeals for CSBs and matters handled by the DOS. In cases involving sexual harassment and/or assault/violence, in accordance with New York State Education Law 129-B, the Title IX Coordinator will hear these appeals along with a panel of at least two (2) other professionals (three in total) which may or may not include the DOS depending on the extent to which they were involved in the initial hearing/decision rendered. In all other matters where the DOS has rendered a decision that do not involve sexual harassment or assault, the Vice President of Strategic Initiatives (or designee) will hear the appeal.

The written request for any appeal must be based upon one or more of the following reasons, which must be specifically specified in the appeal:

1.   Violation of College conduct review procedures;
2.   Misinterpretation of the policies alleged to be violated;
3.   New evidence not reasonably available at the time of the hearing;
4.   Improper or excessive sanction(s);
5.   Decision not supported by a preponderance of evidence.

Upon receipt of the appeal, the appellate body will do one of the following:

1.   Accept to hear the case at their discretion;
2.   Refuse to hear the case for lack of sufficient reason for appeal;
3.   Request that another hearing be conducted;
4.   Investigate and amend the decision and/or sanction.

In appeals by the accused involving claims of improper or excessive sanctions, decisions following appeal cannot result in more severe sanctions for the accused student. Review of the audio transcript or other supporting materials will be available to the appellate officer at their request. The decision and sanction(s) resulting from any appeal will be sent to the respondent, complainant, Dean of Students, Vice President of Strategic Initiatives, President of the College and/or persons and offices notified of the original sanction(s). Typically, the appellate body will render a final decision within 2 weeks from receiving the initial appeal.

An appeal can only be made as the result of a review of charges from a conduct review body and not from a review of a reported incident where a formal review has not occurred and/or when an informal resolution is put in place.

The College reserves the right to change and/or add to the policies, procedures and programs described in the Student Handbook and will make reasonable efforts to inform students of such changes and/or additions as they become necessary.