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6.1   Community Standards

PURPOSE

The purpose of the Canisius College Community Standards is to outline behavioral expectations for college students and to provide information to all student community members about what types of behaviors are not tolerated at Canisius College.

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For reporting on and off-campus confidential and non-confidential reporting options, as well as available support and assistance, refer to the college’s Sexual and Gender-Based Misconduct Policy.

G. Additional Rights in Cases involving Sexual and Gender-Based Misconduct

1.Rights During the Community Standards Process

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1. The right to request that Community Standards charges be filed against the accused;
2. The right to a process, that includes, at a minimum: (i) notice to a respondent describing the date, time, location and factual allegations concerning the violation, a reference to the specific Community Standard 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, where appropriate, 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, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest. In order to effectuate an appeal, a Respondent and Complainant 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 Complainant must be similarly provided to a respondent and any rights provided to a respondent must be similarly provided to a Complainant.
3. Throughout Community Standards proceedings involving an accusation of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate the Community Standards, the right:

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1. For the Respondent and Complainant to be accompanied by an advisor of choice who may assist and advise a Complainant or Respondent throughout the Community Standards process including during all meetings and hearings related to such process.  Rules for participation of such advisor are set forth in the Conduct Conference and Hearing Panel procedures, respectively.
2. To a prompt response to any complaint and to have the complaint 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 pursuant to the Community Standards, and other issues including, but not limited to domestic violence, dating violence, stalking or sexual assault.
3. To an investigation and process that is fair, impartial and provides a meaningful opportunity to be heard, and that is not conducted by individuals with a conflict of interest.
4. To have the Community Standards process 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 ten 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 the college, and relevant to the conduct case, consistent with these Community Standards.
6. To exclude their own prior sexual history with persons other than the other party in the judicial or conduct process or their own mental health diagnosis and/or treatment from admittance in the Community Standards stage that determines responsibility.  Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the Community Standards stage that determines sanction.
7. To receive written or electronic notice, provided in advance pursuant to these Community Standards 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 Community Standards process, at which time the designated Community Standards Hearing Officer or Community Standards Hearing 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 Community Standards conduct conference or hearing panel 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 Community Standards conduct conference or hearing panel process and the rationale for the actual sanction imposed.
11. To choose whether to disclose or discuss the outcome of a Community Standards conduct conference or hearing panel process.
12. To have all information obtained during the course of the Community Standards conduct conference or hearing panel process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

2.Protections, Accommodations, and Interim Measures

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By voluntarily choosing to affiliate with Canisius, students accept the responsibility to comply with the regulations outlined in the Community Standards, which apply to behavior both on and off campus, within or outside of the United States. Therefore, college jurisdiction and discipline shall generally include conduct, which occurs off college premises (including abroad) or which adversely affects members of the college community or the pursuit of the college mission. The SADOS or designee shall decide whether the Community Standards shall be applied on a case-by-case basis.

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Any student or student organization, club, or athletic team alleged to have committed or alleged to have attempted to commit any of the following acts is subject to the judicial process found in Article IV. Students shall be responsible for the behavior and conduct of any guests. Any violations of the following acts by a guest may result in the student being subject to the judicial process found in Article IV:

1. Physical abuse, verbal abuse, threats, intimidation, harassment, menacing, stalking, coercion, bullying, and/or other conduct which threatens or endangers the health, well-being or safety of any person. Harassment is defined as verbal, written or physical conduct directed at a person or a where the offensive behavior is intimidating, hostile or demeaning, or could or does result in mental, emotional or physical discomfort, embarrassment, ridicule or harm.
2. Hate crimes - A person commits a hate crime when he or she commits a specified offense and either: intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

1. All forms of sexual discrimination or sexual violence (also referred to as “Sexual and Gender-Based Misconduct”). Sexual violence includes domestic violence, dating violence, stalking and sexual assault.  Sexual assault refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or other incapacity, such as being a minor or having an intellectual or other disability.  Refer to the college’s Sexual and Gender-Based Misconduct Policy for additional informationAs we strive to become a more diverse and inclusive institution it is essential that we address bias related incidents. Our efforts to improve campus climate for all members of Canisius College is consistent with our Jesuit values, which call us to follow a path that promotes social justice and to change social structures that generate injustice. We are committed to creating a culture of acceptance, awareness, learning, respect, and understanding inside and outside of the classroom. As a community committed to social justice and to be called “women and men For and With Others”, we will not tolerate Bias Related Misconduct.

Bias Related Misconduct is conduct motivated, in whole or in part, by the offender’s bias against the actual or perceived: age, ability, color, creed, gender, gender expression, gender identity, national origin, race, religion, sex or sexual orientation of the targeted person or group. Such misconduct may, but need not, rise to the level of a criminal offense in order to be sanctionable under this policy. Bias Related Misconduct includes Hate Crimes, Bias-Motivated or Hate-Motivated Misconduct, Microaggressive behaviors, and Racially Motivated Incidents:

• Hate crimes - under New York law, a person commits a hate crime when he or she commits a specified offense and either: intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the ability, age, ancestry, color, gender, national, origin, race, religion, religious practice, or sexual orientation of a person, regardless of whether the belief or perception is correct, or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the ability, age, ancestry, color,  gender, national origin, race, religion, religious practice, or sexual orientation of a person, regardless of whether the belief or perception is correct. Proof of disability, age, ancestry, color, gender, national origin, race, religion, religious practice, or sexual orientation of a person does not, in and of itself, establish the existence of a hate crime.
• Bias-Motivated or Hate-Motivated Misconduct—hate-motivated or bias-motivated misconduct that can violate the College’s Community Standards need not constitute criminal misconduct.  It may include, as an example, use of written or verbal slurs; derogatory language, derogatory writings or images, symbols, flyers, effigies and/or characterizations intended to demean, embarrass or harm another based on the other’s disability, age, ancestry, color, gender, national, origin, race, religion, religious practice, or sexual orientation; or other misconduct that a reasonable person would conclude is designed to denigrate, embarrass another and that is motivated, in whole or in substantial part, because of a belief or perception regarding the disability, age, ancestry, color, gender, national, origin, race, religion, religious practice, or sexual orientation.
  
  
• Microaggressive Behaviors- Microaggressive Behaviors are verbal, behavioral and environmental indignities, whether intentional or unintentional that communicate hostile, derogatory, or negative slights and insults to a target person or a group. Microaggressive Behaviors, particularly those which are deemed unintentional in nature, ordinarily will provide opportunity for education and training in tolerance, understanding and mutual respect for the involved parties.
  
  
• Racially Motivated Incidents- Racially Motivated Incidents are incidents motivated, in whole or in part, by the offender’s bias against the actual or perceived race of the targeted individual or group.

Canisius College values the free and uninhibited exchange of ideas. As an academic community of scholars, the expression of multiple viewpoints- including viewpoints with which substantial numbers of others may disagree- is essential for our community, and strongly supported in the college’s Freedom of Expression policy. At the same time, the college recognizes that such freedom to exchange disparate opinions and ideas must be accompanied by a fundamental respect for the dignity of others, appropriate decorum, common decency and the acknowledgment of our shared responsibility for one’s actions in relation to the mission of the college and its Catholic, Jesuit identity. Ideas, perspectives, and conduct that some find offensive, insulting, controversial, or inflammatory may not constitute Bias-Related Misconduct, but where such disparate and potentially controversial point of view are shared, the college’s commitment to openness and free expression will not sanction or authorize acts or expressions of harassment, bias or hate.

1. All forms of sexual discrimination or sexual harassment (also referred to as “Sexual and Gender-Based Misconduct”), including domestic violence, dating violence, stalking and sexual assault.  Sexual assault refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or other incapacity, such as being a minor or having an intellectual or other disability. 

1. Formal complaints alleging sexual and gender-based misconduct falling within the Final Title IX Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the grievance process defined in the college’s Sexual and Gender-Based Misconduct Policy.  See the college’s Sexual and Gender-Based Misconduct Policy for additional information.
2. Reports and complaints alleging sexual and gender-based misconduct by a student falling outside the Final Title IX Rule’s definition of sexual harassment will be investigated in accordance with the college’s Anti-Discrimination and Harassment Policy and, if appropriate, brought to a live hearing through the judicial process found in Article IV of the Community Standards.
1. All forms of sexual exploitation, which is an act or omission to act that involves a student taking non-consensual, unjust, humiliating, or abusive sexual advantage of another individual, either for the student’s own advantage or to benefit anyone other than the one being exploited.  Examples of sexual exploitation include but are not limited to the following:
1. Creating pictures, movies, web cam, tape recording, graphic written narrative or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent;
2. Sharing items described in paragraph (1) above, beyond the boundaries of consent where consent was given.  For example, showing a picture to friends where consent to view it was given for oneself only;
3. Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and/or consent of that person;
4. “Peeping Tom”/Voyeuristic behaviors;
5. Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior;
6. Encourage others to engage in sexual behavior in exchange for money;
7. Surreptitiously providing drugs (including so-called “date-rape” drugs such as Rohypnol or GHB), or alcohol to a person for the purpose of sexual exploitation; and
8. Causing another person to be exposed to pornographic material without the person’s advance knowledge or consent.
2. Students must have affirmative consent before engaging in any sexual activity.  Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.  Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.  Silence or lack of resistance, in and of itself, does not demonstrate consent.  The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. While not required by state or federal law, Canisius strongly recommends that students ask for and receive verbal consent before engaging in sexual activity.

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1. 1. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
   2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
   3. Consent may be initially given but withdrawn at any time.
   4. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
   5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
   6. When consent is withdrawn or can no longer be given, sexual activity must stop.
2. Retaliation by any person against any person for filing, supporting, serving as a witness, or otherwise participating a discrimination or harassment, a Sexual and Gender-Based Misconduct, or Whistleblower Whistleblower, or other violation of college policy complaint. 
3. Hazing, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a team, group, or organization. Consent of the student or participant is not a defense. Apathy or acquiescence in the presence of hazing are not neutral acts and are considered violations.
4. Behavior or conduct, which is disorderly, lewd, or indecent.
5. Use, possession or distribution of illegal drug-related paraphernalia, narcotics, or other controlled substances except as expressly permitted by federal, state and/or local law.
6. Public intoxication or the use, possession or distribution of alcoholic beverages except as expressly permitted by federal, state, and/or local law and college polices and regulations (see college Alcohol Policy). Intoxication is not a mitigating circumstance.
7. Unauthorized possession of firearms, replica firearms, ammunition, explosives, fireworks, other weapons, or replica weapons, or unauthorized use of dangerous chemicals or substances on college premises (see college Weapons and Other Dangerous Weapons Policy).
8. Tampering with/falsely activating fire or other safety equipment; causing or creating a fire, regardless of intent; and/or failing to conform to safety regulations, including but not limited to, falsely reporting an incident, failure to evacuate facilities in a timely fashion in emergency situations or in response to fire alarms, inappropriate use of the fire alarm system.
9. Attempted or actual theft of, damage to, or unauthorized possession or alteration of property of the college, property of a member of the college community or other personal or public property.
10. Attempted or actual theft or other abuse of computer resources and systems pursuant to the Acceptable Use of College Computer and Network Systems Policy.  This includes downloading copyrighted material.
11. Using the college’s Internet access in a malicious manner is a violation of the Canisius college community standards.
12. Engaging in activities that harass, degrade, intimidate, demean, slander, defame, interfere with, or threaten others through the use of electronic or social media or any other social media site.  
13. Behavior or conduct resulting in the disruption or obstruction of teaching, research, administration, disciplinary proceedings, student organization, other college activities or events, including its public-service functions on- or off-campus, or other authorized non-college activities, when the act occurs on college premises.
14. Failure to comply with directions of members of the college community or emergency or service personnel acting in performance of their official duties and/or failure to identify oneself to these persons when requested to do so.
15. Obstruction of or dangerous interference with the free flow of pedestrian or vehicular traffic on college premises or at college sponsored or supervised functions.
16. Unauthorized possession, duplication or use of keys, combinations, or access cards to any college premises or unauthorized entry to or use of college property.
17. Engaging in illegal gambling activities.
18. Unauthorized or inappropriate use of college equipment and assets.
19. Unauthorized use of the college name, logo or seal.
20. Violation of Residence Life Standards of Conduct.
21. Violation of published college policies, rules, regulations, notices or statements, including, but not limited to, those contained in or pertaining to the Student Handbook, Alcohol and Drug Policies, Smoking Policies, Anti-Discrimination and Harassment Policy, Notice of Nondiscrimination, Sexual and Gender-Based Misconduct Policy, Information Technologies Policies, Housing and Dining Contract, Treatment of Animals, Speaker Policy, Parking and Traffic Policies and Regulations, and the college catalogs, as well as the Canisius College Policy Manual.
22. Abuse of the Judicial System, including, but not limited to, the following:
1. Failure to comply with the directive to appear before a hearing panel or hearing officer.
2. Falsification, distortion, or misrepresentation of information before a hearing panel or hearing officer.
3. Disruption or interference with the orderly conduct of a judicial proceeding.
4. Knowingly instituting a judicial proceeding without cause.
5. Influencing or attempting to influence another person to commit an abuse of the judicial system.
6. Attempting to discourage an individual’s proper participation in, or use of the judicial system.
7. Attempting to influence the impartiality of a member of a hearing panel or of a hearing officer prior to, and/or during the course of, the judicial proceeding.
8. Inappropriate behavior or conduct (verbal or physical) and/or intimidation of any person involved in a judicial proceeding prior to, during, and/or after that judicial proceeding.
9. Failure to comply with a sanction imposed under the Community Standards.
23. Any off-campus conduct demonstrating disregard for the rights of others.
24. Any violation of federal, state and/or local laws/ordinances regardless of whether such violation occurred on or off the college premises.

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

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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.

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• 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  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.

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