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- 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.
- 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.
- 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:
- 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;
- 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;
- 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;
- “Peeping Tom”/Voyeuristic behaviors;
- Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior;
- Encourage others to engage in sexual behavior in exchange for money;
- 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
- Causing another person to be exposed to pornographic material without the person’s advance knowledge or consent.
- 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.
- 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.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- 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.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
- 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, Whistleblower, or other violation of college policy complaint.
- 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.
- Behavior or conduct, which is disorderly, lewd, or indecent.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- Using the college’s Internet access in a malicious manner is a violation of the Canisius college community standards.
- 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 siteUtilizing electronic, social media sites, or any portion of IT Resources to post or transmit any information or other content that is intimidating, harassing, demeaning, slandering, abusive, discriminatory, hostile, defamatory, pornographic or obscene.
- 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.
- 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.
- Obstruction of or dangerous interference with the free flow of pedestrian or vehicular traffic on college premises or at college sponsored or supervised functions.
- Unauthorized possession, duplication or use of keys, combinations, or access cards to any college premises or unauthorized entry to or use of college property.
- Engaging in illegal gambling activities.
- Unauthorized or inappropriate use of college equipment and assets.
- Unauthorized use of the college name, logo or seal.
- Violation of Residence Life Standards of Conduct.
- 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.
- Abuse of the Judicial System, including, but not limited to, the following:
- Failure to comply with the directive to appear before a hearing panel or hearing officer.
- Falsification, distortion, or misrepresentation of information before a hearing panel or hearing officer.
- Disruption or interference with the orderly conduct of a judicial proceeding.
- Knowingly instituting a judicial proceeding without cause.
- Influencing or attempting to influence another person to commit an abuse of the judicial system.
- Attempting to discourage an individual’s proper participation in, or use of the judicial system.
- 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.
- 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.
- Failure to comply with a sanction imposed under the Community Standards.
- Any off-campus conduct demonstrating disregard for the rights of others.
- Any violation of federal, state and/or local laws/ordinances regardless of whether such violation occurred on or off the college premises.
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