Community Standards and Student Advocacy

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	Campus Safety 716-839-SAFE (7233) campussafety@daemen.edu
	Care Report
	Bias Report & Chosen Name Policy
	Dr. Kerry L. Spicer Vice President for Student Affairs kspicer@daemen.edu
	Luke Haumesser Dean of Students lhaumess@daemen.edu
	Miguel Rodriguez Director of Community Standards & Student Advocacy mrodrig1@daemen.edu
	CHIP Center chip@daemen.edu
	Residence Life residence.life@daemen.edu
	Crisis Services (716) 834-3131 {available 24 hours}
Student Success Center (SSC)	Academic Advisement Career Services Accessibility Services

Student Code of Conduct

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

To that end, prohibited behavior at Daemen University 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 University 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 University 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 Sex-based 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 cohabiting partner, or another person with whom the victim shares a child.
   3. Sex-based 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 University community.
   9. 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 University community.
   10. 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 University property; 
   1. Property Damage, either to an individual’s or the University’s property.
   2. Removing approved postings and/or Office of Housing & Residence Life notices or bulletin boards.
   3. Littering, applying graffiti, and/or other behavior which threaten the cleanliness and appearance of the University.
   4. Use of or tampering with fire equipment, including, but not limited to, smoke detectors, sprinklers, extinguishers, and/or hoses, in any manner or which it was not intended.
   5. Defenestration: throwing  objects outside of the window or from a balcony or roof.
4. Violation of policies as described in the Student Handbook, the University Catalog, the Housing Agreement and all other rules governing University facilities, programs, and services including, but not limited to the following; 
   1. Violation of Housing & 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 University’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.
   10. Misuse and/or removal of residence hall property
5. Intentional obstruction or disruption of teaching, research, administration, disciplinary procedure, or other University activities or activities authorized to take place on University property; 
6. Disorderly conduct including acts which breach the peace;
   1. Any verbal or physical behavior which denigrates or shows hostility towards any Daemen Community member
   2. Any behavior which disrupts or breaches the peace of any class, event, standard practices, etc.
   3. Unauthorized or improper entry, whether peacefully or by force, into a prohibited area or residence hall, apartment, and.or suite in which there is no documented reason for being present
   4. Urinating in public
7. Non-compliance with the directions of University or civil authorities performing official duties, including, but not limited to;
   1. Failure to give proper identification when requested.
   2. Multiple violations of the University’s Parking and/or Transportation policies
8. Violation of another 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 University community.
   2. Acts or abusive language, either in public or via online sources.
9. Conduct which is disrespectful to the community and diversity within, including, but not limited to;
   1. Any behavior which creates a hazardous, unhealthy, or unsanitary condition;
   2. Multiple violations of the University’s Good Neighbor Policy
10. 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. 

*More information on the student code of conduct and the conduct process can be found in Section 8 of the Student Handbook*

Student Handbook

We are committed to reducing barriers for students to report sexual assault and violence. To that end, we have partnered with Capptivation to launch the Reach Out Editions App, an anonymous smartphone resource guide. The Reach Out Editions App is available for download in the Apple and Google Play Stores.

Students, faculty, staff and supporters are encouraged to review the Reach Out App Overview and Campus Sexual Assault Victims' Bill of Rights & FAQs.

• Student Version: With this comprehensive resource at their fingertips, students can gain information and resources for navigating the reporting process, seek support and connect with resources both on campus and in the community.

• Responsible Employees: In accordance with the Clery Act and Title IX, the Reach Out Editions App offers a Responsible Employees version for staff to be informed and report instances of sexual misconduct. 

Definitions

Affirmative Consent

Daemen University's Amnesty Policy

Links

Student's Bill of Rights

Title IX (Sexual Harassment / Sex Discrimination)

{supplemental document}

Family Educational Rights & Privacy Act (FERPA)

Clery Act

Violence Against Women Act (VAWA)

Health Insurance Portability and Accountability Act (HIPPA)

Americans with Disabilities Act (ADA)

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