Student Handbook - SUNY Canton

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Sex Discrimination
Sexual Discrimination includes all forms
of: sexual harassment, sexual assault, and
sexual violence by employees, students, or
third parties against employees, students, or
third parties. Students, College employees,
and third parties are prohibited from harassing
other students and/or employees whether
or not the incidents of harassment occur on
the College campus and whether or not the
incidents occur during working hours.
Sexual Exploitation
Occurs when a student takes non-consensual
or abusive sexual advantage of another
for his/her own advantage or benefit, or to
benefit or advantage anyone other than the
one being exploited, and that behavior does
not otherwise constitute one of other sexual
misconduct offenses. Examples of sexual
exploitation include, but are not limited to:
• Invasion of sexual privacy
• Prostituting another student
• Non-consensual video or audio-taping of
sexual activity;
• Going beyond the boundaries of consent
(such as letting your friends hide in the
closet to watch you having consensual
sex);
• Engaging in voyeurism;
• Knowingly transmitting an STI or HIV
to another student;
• Exposing one’s genitals in non-consensual
circumstances;
• Inducing another to expose their genitals;
• Sexually-based stalking and/or bullying
may also be forms of sexual exploitation.
Sexual Harassment
Sexual harassment is unwelcome, genderbased
verbal or physical conduct that is
sufficiently severe, persistent or pervasive
that it unreasonably interferes with, denies
or limits someone’s ability to participate in
or benefit from the university’s educational
program and/or activities, and is based on
power differentials (quid pro quo), the creation
of a hostile environment, or retaliation.
Sexual Violence
Physical sexual acts perpetrated against a
person’s will or where a person is incapable
of giving consent, including, but not limited
to rape, sexual battery, and sexual coercion.
Stalking
The term stalking means intentionally
engaging in a course of conduct, directed at
STUDENT LIFE
a specific person, which is likely to causes a
reasonable person to fear for his or her safety
or the safety of others or cause that person
to suffer substantial emotional damage.
Examples include, but are not limited to,
repeatedly following such person(s), repeatedly
committing acts that alarm, cause fear, or
seriously annoy such other person(s) and that
serve no legitimate purpose, and repeatedly
communicating by any means, including
electronic means, with such person(s) in a
manner likely to intimidate, annoy, or alarm
him or her.
Student
A person who is enrolled either full- or
part-time in courses of study or programs
offered by the College.
Student Government Association
A student government organization
composed entirely of student representatives
elected and/or appointed in accordance with
its Constitution and Bylaws.
Summary Action
A disciplinary process where the accused
party and the adjudicating officer come to
agreement on the violation(s) of the Code
of Student Conduct and the appropriate
disciplinary sanction(s) in lieu of appearing
before a disciplinary hearing board.
Support Person
The respondent and complainant may
be assisted during disciplinary hearings and
related meetings, by a support person of their
choice. The respondent and complainant
may present witnesses and may produce other
evidence for consideration by the hearing
board or judicial officer. The respondent and
complainant are responsible for presenting
evidence on their own behalf. The support
person may speak privately to their advisee,
respondent or complainant, during the
proceeding. Either party may request a brief
recess to consult with their support person
which will be granted at the discretion of
the hearing board Chair. Support persons
for the respondent and complainant may
not present evidence or question witnesses.
15.2 Article II: Bill Of Rights
1. The following enumeration of rights
shall not be construed to deny or belittle
other rights retained by students in their
capacity as members of the student body
or as citizens of the community at large:
A. Free inquiry, expression and assembly
are protected for all students. Discussion
and expression of all views are
permitted within the College, subject
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to the provisions of the Regulations
and Procedures for Maintaining
Public Order on Campuses of the State
University, and to the legally recognized
conditions placed upon the
rights of free speech and expression.
B. Students are free to pursue their
educational goals; appropriate
opportunities for learning in the
classroom and on the campus shall
be provided by the College.
C. The right of students to be secure in
their persons, residence hall, papers
and effects against unreasonable
searches and seizures is protected
subject to the terms of the residence
hall license.
D. With the exception of an interim
suspension that may be imposed
as described in Article V, Section
6, no disciplinary sanction(s) that
interferes with the student’s ability
to continue the education process,
may be imposed on any student(s)
without notice to the accused of
the nature and cause of the charges
and a fair hearing complies with
due-process requirements.
Access to Higher Education
2. Within the limits of its facilities, the
College shall be open to all applicants
who are qualified according to its
admission requirements. The College
shall make clear the characteristics and
expectations of students that it considers
relevant to its programs.
Expression
3. Discussion and expression of all views
contributing to the understanding of
the subject matter is permitted in the
classroom, subject only to the responsibility
of the instructor to maintain
order.
A. Students are responsible for learning
the content of material assigned or
discussed, for all courses in which
they are enrolled.
B. Requirements for participation in
classroom discussion and submission
of written exercises are not
inconsistent with this section.
4. Academic evaluation of student performance
shall be neither discriminatory
nor arbitrary and capricious.
5. Support of any cause by orderly means
which does not interrupt the operation
of the College is permitted; subject to
reasonable conditions may be imposed
as to notification, time and place.