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Students shall also be responsible for the behavior and conduct of any guests. Any violations of the acts listed above by a guest may result in the student being subject to the judicial process found in Article IV.

C. Amnesty for Reporting Sexual Violence

The health and safety of every student at Canisius College are of utmost importance. Canisius 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. Canisius strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to college officials. A bystander acting in good faith, or a reporting individual acting in good faith, who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to college officials or law enforcement will not be subject to Canisius’s Community Standards 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.

D. General Amnesty

A bystander acting in good faith or a reporting individual acting in good faith, who discloses a violation of the Community Standards to college officials will not be subject to Canisius’s Community Standards for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the violation of the Community Standards. The SADOS will be responsible for the implementation of the General Amnesty Policy.

E. Neighborhood Respect

Canisius values a strong relationship with the local community. Every student of the college should act respectfully while in the community. This means each student should follow a basic code of conduct in the neighborhood:

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Any violation of proper conduct in the neighborhood will be considered a violation of the Community Standards.

F. Violation of Law & College Discipline

College judicial proceedings may be instituted against a student charged with violation of a law, which is also a possible violation of the Community Standards, for example, if both violations result from the same factual situation. Proceedings under the Community Standards shall normally be carried out without regard to the status of off-campus civil or criminal proceedings. Determinations made and/or sanctions imposed under the Community Standards, shall not be subject to change because criminal/civil charges arising out of the same facts were dismissed, reduced, or resolved in favor of the defendant. This includes, but is not limited to, violations related to sexual violence.
When a student is charged by federal, state or local authorities with a violation of law, the college shall not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a federal, state or local proceeding, the college may advise off-campus authorities of the existence of the Community Standards and of how such matters shall be handled internally within the college community.

ARTICLE IV: JUDICIAL POLICIES

A. Interim Suspension

In certain circumstances, the VPSA, SADOS or designee may impose an interim suspension for the following reasons:

To ensure the safety and well-being of members of the college community or to preserve college property; or
If a student poses a threat of disruption or interference with the normal operations of the college.
During the interim suspension, a student may be denied access to college activities, facilities and/or classes or other privileges for which the student might otherwise be eligible, as the VPSA, SADOS or designee may determine to be appropriate.
The interim suspension or altered privileges shall remain in effect until a final decision has been made regarding pending complaints or until the VPSA, SADOS or designee determines that the reason for imposing the interim suspension no longer exists.
Violation of the interim suspension or altered privileges may result in separation or expulsion.

B. Complaints & Hearings

Any member of the Canisius community may file a complaint against a student for alleged violation of the Community Standards. In cases involving Sexual and Gender-Misconduct, Canisius College students have an affirmative right to request that Community Standards charges be filed against the accused. All complaints shall be in writing and directed to the appropriate Associate Academic Dean or SADOS or designee. Complaints may be filed via incident reports, Public Safety reports, Community Standards Citations, or police reports. All complaints should be filed as soon as possible after an alleged violation of the Community Standards. However, the college is not required to respond to any allegations within a prescribed time limit.
The adjudication process for violations of the Community Standards is outlined in Appendix B and Appendix C. Normally, the SADOS shall assign a hearing officer for a conduct conference or convene a hearing panel, drawn from the membership of the Community Standards Hearing Panel, based upon the severity of the alleged violation of Community Standards. A complaint filed with the SADOS shall normally be directed to the Community Standards Hearing Panel if it fulfills one or more of the following criteria:

the potential sanction falls within items l, m, n, and o of Article IV, Section C; (although a lesser sanction may be imposed);
the alleged violation has wide ranging community implications or is a violation of Article III, B, 2 or 3;
the alleged violation has not been previously encountered within the college community;
However, the SADOS or designee may choose to hear any case as a conduct conference and may impose any sanction(s) listed in Article IV, Section C.
The conduct conference-hearing officer shall make a determination of responsibility for the alleged violation and, if appropriate, may impose sanction(s) found in Article IV, Section C.
The Community Standards Hearing Panel shall make a determination of responsibility for the alleged violation and impose any sanction(s) listed in Article IV, Section C.
Decisions made by the Conduct Conference Hearing Officer (HO), SADOS or designee shall be final except if sanction g through o are imposed; which may be appealed to the SDOS.
Decisions made by the Community Standards hearing Panel may only be appealed to the Community Standards Hearing Panel Appeals Panel.
The judicial process is intended to provide the student an opportunity to respond to allegations of violations of the Community Standards, thereby enabling the HO to make an informed decision about responsibility and appropriate sanctions. However, if a student fails to respond to three communications (in the form of written notification, telephone, email, text, or oral requests) attempting to schedule a meeting, or fails to attend a scheduled meeting, a decision based upon available information may be rendered in absentia. No student may be found to have violated the Community Standards solely because the student failed to appear.
In some rare situations, where the behavior is sufficiently egregious or warranted by institutional interests, the SADOS or designee may institute formal procedures even though the original complainant does not personally wish to, or is not able to proceed. In such cases the SADOS or designee shall submit the formal complaint and recuse herself/himself from any further role in the adjudication.
Any violation of the Community Standards using any form of technology in a virtual environment shall be addressed in the same manner as the equivalent violation conducted in a non-virtual environment.

C. Sanctions

One or more of the following sanctions may be imposed upon any student found responsible for violating the Community Standards:

Warning — A written or verbal notice to the student that the student has been found responsible for violating Community Standards.
Fines — A monetary fee may be imposed.
Restitution—Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
Discretionary Sanctions—Work assignments, community service, participation in or completion of college service or program, service to the college and/or other related discretionary assignments.
Educational Program or Project—Participation in or completion of a program or project specifically designed to help the student understand why the Community Standards violation was inappropriate.
Loss of Privileges — Denial of specified privileges for a defined period of time. (e.g. guest, computer, housing selection, residence hall visitation, dining services, representing the college, co-curricular activities, athletics participation, campus employment).
Residence Hall Probation — Probation is for a defined period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating any Community Standards during the probationary period.
Administrative Relocation—Requirement to relocate within the residence hall system on a space-available basis. Requirement to relocate to another section of the same academic course or complete a course as an independent study.
Residence Hall Suspension—Separation of the student from the residence halls for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified. The residence hall suspended student will receive no refund of residence hall or meal plan fees regardless of the timing of the suspension.
Residence Hall Expulsion — Permanent separation of the student from the residence halls. The residence hall expelled student will receive no refund of residence hall or meal plan fees regardless of the timing of the expulsion.
College Probation — A written reprimand for violation of specified Community Standards. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating the Community Standards during the probationary period.
College Suspension—Separation of the student from the college for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified. A notation on the transcript will be added for a suspension imposed in cases of a crime of violence,[1] including but not limited to sexual violence.
College Expulsion — Permanent separation of the student from the college with no opportunity for readmission to the college at any time in the future. The notation on the transcript will further note if the expulsion resulted from being found responsible for a crime of violence, including but not limited to an act of sexual violence.
Revocation of Admission and/or Degree—Revoking admission to or a degree awarded from Canisius for fraud, misrepresentation, or other violations of Community Standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
Withholding Degree—Withholding awarding a degree otherwise earned until the completion of the process set forth in the Community Standards including the completion of all sanctions imposed, if any.
The proper college authorities shall be notified of any sanction. Parent(s)/guardian(s) shall be notified of alleged violation(s) of the Community Standards and/or sanction(s) when deemed appropriate.
Sanctions shall not normally be made part of the student’s permanent record except for suspension, expulsion, degree revocation, or being found responsible for a crime of violence, including but not limited to an act of sexual violence. In cases where notation on the official transcript is imposed for a crime of violence, the file shall be retained as part of the student’s permanent record. All other disciplinary records shall be kept in the student’s confidential file (paper copy and/or electronic) maintained with the SADOS for a period of seven years after separation from the college.
In situations involving both a respondent(s) (or group or organization) and a complainant(s), the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the respondent(s) and complainant(s).
All appropriate sanctions may be imposed upon groups and organizations. Groups and organizations may further receive the sanction of deactivation, resulting in a loss of college recognition and/or funding for a specified period of time.
Failure to abide by or complete any sanction shall result in a separate violation for an abuse of the judicial system.

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Weapons and Other Dangerous Instruments Policy

Appendix A: Code of Academic Integrity

Visit the college’s web site at https://www.canisius.edu/academics/academic-affairs/academic-integrity-canisius a full description of the policy.

Appendix B: Conduct Conference Procedures

The conduct conference procedures apply to all violations of the Community Standards, except those that are directed to the Community Standards Hearing Panel.

A. Procedures:

A complaint is filed with the SADOS, Public Safety, or Residence Life.
The SADOS or designee serves as the Hearing Officer (HO) and contacts the student (respondent) to discuss the incident.
A conference shall occur between the HO and respondent and the following shall occur:

The HO shall inform respondent of the alleged violation(s) of Community Standards.
The respondent may make a statement regarding the allegations.
The respondent may bring forth witnesses to the alleged incident if deemed pertinent by the HO.
Upon completion of the conduct conference the HO shall make a determination of responsibility for the incident. This determination shall be based upon the facts of the incident, and whether it is more likely than not that the student is responsible for the alleged violation(s).
Normally, the respondent shall be provided written notification of the decision and, if appropriate, sanction(s) within five business days after the conduct conference.

B. Advisors

The respondent may select an advisor of choice. The advisor may be present during conference, procedural review and appeals process; however, the advisor shall not address the HO or SADOS (or designee) or anyone else participating in these processes. The advisor may confer quietly with the advisee as necessary, as long as they do not disrupt the process. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the conference. When an advisor is removed from a conference, that conference will typically continue without the advisor present.

A party may elect to change advisors during each stage of the process, and is not locked into using the same advisor throughout.

C. Procedural Review

The student may request in writing a procedural review of the conduct conference by the SADOS or designee. The written request shall be submitted to the SADOS or designee not more than five business days after written notification of the decision/sanction is received. The SADOS or designee shall review the case. If it is determined that there was procedural error, normally, the case shall be remanded to the hearing officer originally assigned to the complaint for further consideration. If the SADOS is the hearing officer, the request for a procedural review shall be submitted to the VPSA.

D. Appeal

Requests for appeals of decisions by a HO (only if sanctions g-o are imposed) are directed to the SADOS or designee. Requests for appeals shall be made in writing within five business days of the written decision. In cases involving multiple parties, all parties may file an appeal but as an individual party. If the written appeal is not filed on time it will be dismissed. A party is allowed only one appeal.

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If an appeal is granted by the SADOS or designee, the following determination may be instituted: a) the sanction may be replaced with another which may be more severe, less severe, or otherwise different; b) the matter may be remanded to the original hearing officer for reconsideration of the original determination and/or sanction; or c) the matter may be directed to a new hearing officer for a new conduct conference. If the SADOS or designee finds no merit to the appeal, the decision of the hearing officer shall stand. During the appeal process, the imposition of the sanction(s) shall not occur; however, the SADOS or designee may impose limitations to conditions on the appealing respondent’s continued relationship with the college during the appeal process. The decision made in the appeal process is final.

E. Failure to Appear

The judicial process outlined above is intended to provide the student an opportunity to respond to allegations of violations of the Community Standards, thereby enabling the HO to make an informed decision about responsibility and appropriate sanctions. However, if a student fails to respond to three communications (in the form of written notification, telephone, electronic communication attempting to schedule a meeting or fails to attend a scheduled meeting, a decision based upon available information may be rendered in absentia. No student may be found to have violated the Community Standards solely because the student failed to appear.

Appendix C: Hearing Procedures

The following procedures apply when a complaint has been directed to the Community Standards Hearing Panel.

1.Composition of the Community Standards Hearing Panel

The Community Standards Hearing Panel shall be comprised of 3 members of the Canisius Community. These 3 individuals will receive appropriate and on-going training. One of the 3 individuals will be the Hearing Panel Chairperson.

2. Pre-Hearing Procedures

A. Complainant

A complaint alleging a violation of the Community Standards shall be filed in writing with the Hearing Panel Coordinator (HPC). The complainant (who may elect to bring an advisor of choice) shall have a pre-hearing meeting with the HPC to discuss the following: the hearing process, the complainant’s responsibilities while preparing for the hearing, and the available services.

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The complainant shall be responsible for securing an advisor and determining and contacting appropriate witnesses prior to submitting their names to the HPC.

B. Respondent

The respondent shall be notified by email of the complaint alleging a violation of the Community Standards not more than two business days after the complaint has been filed. A scheduled pre-hearing meeting shall be indicated in the notification. During the pre-hearing meeting the respondent shall be notified of the options for responding to the complaint. The respondent shall file the response to the complaint not more than five business days after the pre-hearing meeting. Failure to respond shall not be considered an admission of responsibility; however, the hearing process shall proceed.

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The respondent shall be informed that she/he is entitled to select an advisor of choice to provide assistance while preparing for the hearing and to be present at the hearing.
The role of the advisor shall be explained.
The respondent shall be informed that if he or she chooses to have an advisor during the hearing process, the name of that advisor shall be presented to the HPC as soon as possible.
The respondent shall be informed that if he or she chooses to identify witnesses to be interviewed by an investigator or provide written statements, the names of all of these witnesses shall be presented to the HPC not more than five business days after the pre-hearing meeting.
The respondent shall be informed of the opportunity to present a statement about the incident in question at the hearing.
The process of the hearing shall be explained.
The respondent shall be informed of the availability of the HPC to answer any procedural questions pertaining to the hearing.
The respondent shall be responsible for securing an advisor and determining and contacting appropriate witnesses prior to submitting their names to the HPC.

C. Advisors

The complainant and respondent may select an advisor of choice. Advisors may be present during the pre-hearing meeting and the hearing; however, advisors shall not address the hearing panel, investigators, or anyone else present at the hearing. Advisors may confer quietly with their advisees as necessary, as long as they do not disrupt the process. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the meeting. When an advisor is removed from a meeting or hearing, that meeting or hearing will typically continue without the advisor present. Subsequently, the HPC or Title IX Coordinator in cases involving Sexual or Gender-based Misconduct will determine whether the advisor may be reinstated, may be replaced by a different advisor, or whether the party will forfeit the right to an advisor for the remainder of the process.

A party may elect to change advisors during the process, and is not locked into using the same advisor throughout.

D. Hearing Panel Preparation

The hearing panel shall receive all materials prepared by the investigators and any materials submitted by the complainant and respondent and approved by the HPC prior to the scheduled hearing. The hearing panel shall meet before the scheduled hearing in order to review the complaint and prepare for the process of the hearing.

E. Scheduling the Hearing

A hearing shall be scheduled to take place not less than ten but no more than 20 business days after the respondent has been notified of the complaint. The availability of the hearing panel members shall be the first consideration when scheduling the hearing. The scheduling of the hearing shall take into consideration only scheduled classes. Normally, the hearing shall proceed without regard to pending civil or criminal litigation. Established time limits for scheduling of hearings may be altered at the discretion of the HPC.

3. Hearing

A. Attendance

The hearing shall be private and closed and shall be attended only by members of the hearing panel, college investigators, the complainant, the respondent, their advisors and the HPC. In hearings involving more than one respondent, the HPC, in his/her discretion may permit the hearings concerning each respondent to be conducted either separately or jointly.

The hearing panel may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, and/or respondent during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the HPC.

B. Hearing Panel Coordinator (HPC)

The HPC shall be available to the hearing panel for consultation regarding procedures and/or sanctions at any time during the hearing, including the deliberations. The HPC may request that the Hearing Panel Chairperson recess the hearing at any time.

C. Record of the Hearing

A single verbatim recording of the hearing shall be made by the HPC. Deliberations shall not be recorded. No other recording shall be made. This record shall be confidential and shall remain the property of and be preserved by the college for seven years from the date of the hearing. The recording shall be available to the complainant and respondent for use during an appeal and in the Office of Student Affairs.

D. Role of the Hearing Panel Chairperson

The chairperson of the hearing panel shall preside over the hearing and shall be responsible for governing the hearing procedure. All procedural questions shall be subject to the final direction and discretion of the chair. The Chair of the hearing panel shall introduce members of the hearing panel and ask all hearing participants to identify themselves. All statements and questioning shall be at the direction and discretion of the chair. The chair may limit or exclude the statements or questioning of any hearing participant to the extent that such statements or questioning are repetitive of matters previously presented or is not relevant to the incident in question. The chair may recess the hearing at any time.

4. Hearing Procedures

A. Process

The chair shall make opening remarks.
The complainant shall have the opportunity to present a statement about the incident in question. The respondent shall then have the opportunity to present a statement about the incident in question.
The lead investigator shall present his/her findings, along with all relevant records, exhibits, and witness statements, to the hearing panel.
After the statements by the complainant, the respondent, and the lead investigator, members of the hearing panel shall have the opportunity to question both the complainant, the respondent, and the lead investigator. Only questions relevant to the alleged incident, and not repetitive of the hearing panel’s questioning, shall be allowed.
Members of the hearing panel shall have the opportunity to ask final questions. Prior to deliberations, the complainant and the respondent shall each be allowed to make student impact statements.
After the presentation of all statements and evidence, and subsequent questioning, the chairperson shall call the panel to deliberate. The chairperson shall direct the complainant and respondent to leave contact information with the HPC so that they may be contacted at the conclusion of the deliberations. The HPC shall excuse the complainant, the respondent, and their advisors.
Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Community Standards proceedings.

B. Deliberations

Normally, deliberations shall be carried out and completed immediately following the hearing. Deliberations shall take place in private, with only the members of the hearing panel present. The HPC shall be available to the hearing panel during the deliberations for consultation regarding procedure and sanctioning. Deliberations shall not be recorded.

C. Decision

Upon hearing all statements and after deliberations, the hearing panel shall either dismiss the complaint or find the respondent responsible for violating the Community Standards.

Determinations of responsibility shall be made on the basis of whether it is more likely than not that the respondent violated the Community Standards. A respondent shall be presumed not responsible for a violation of the Community Standards until it has been demonstrated that it is more likely than not that the student committed the violation. Final decisions shall reflect the majority opinion of the hearing panel. Names of panel members shall not be attached to the final decision and the vote shall not be made public. If the hearing panel determines that the respondent shall be considered responsible for a violation of the Community Standards, it shall then be their responsibility to determine an appropriate sanction.

D. Communication/Implementation of Decision

The chairperson, upon the panel’s reaching a decision, shall notify the HPC. The chair and the HPC shall be responsible for providing written notification (a formal letter sent as an email attachment is acceptable) to the complainant and the respondent not more than two business day after the decision is rendered. If no appeal is filed, the sanction of the hearing panel shall be imposed.

E. Appeals

Requests for appeals are directed to the Community Standards Hearing Panel Appeals Panel. Requests for appeals shall be made in writing within five business days of the written decision. Contact information for the Chair of the Appeals Panel shall be provided to both the complainant and respondent in the written notification of the hearing panel’s decision. In cases involving multiple parties, all parties may file an appeal but as an individual party. If the written appeal is not filed on time it will be dismissed. A party is allowed only one appeal.

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