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COMMUNITY STANDARDS

Effective Date:

August 14, 2020

Policy Number:

VI – 6.1

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Vice President for Student Affairs

Applicability:

All college University students.

History:

Revisions Approved by Board of Trustees May 8, 2017

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

The Community Standards set specific expectations for Canisius College University student behavior.  It lists the behaviors prohibited at the collegeUniversity, the process for addressing allegations of community standard violations, and the possible consequences for students who violate the standards.

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ARTICLE I: STATEMENT OF RESPONSIBILITIES & RIGHTS

Canisius CollegeUniversity, a Catholic and Jesuit CollegeUniversity, offers outstanding undergraduate, graduate, and professional programs distinguished by transformative learning experiences that engage students in the classroom and beyond. We foster in our students a commitment to excellence, service, and leadership in a global society. The Canisius Community Standards document is designed to foster a community conducive to achieving the mission of Canisius.

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Canisius takes pride in itself as a community that nurtures the growth and development of leaders marked by integrity, propriety, and decency displayed toward themselves and toward others. Members of the Canisius community are expected at all times to demonstrate respect for themselves and for others. This respect includes a responsibility to show sensitivity to differences and act justly in interactions with one another. All members of the community are entitled to and responsible for maintaining an environment of civility that is free from disparagement, intimidation, harassment, and violence of any kind. Members are expected to respect college University property, the private property of other members of the college University community, and the property of the larger neighborhood in which we live.

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As a Jesuit academic institution, Canisius fosters an environment in which a variety of ideas can be reasonably proposed and critically examined. In particular, student groups have a right to invite speakers to campus within reasonable limitations applied by the collegeUniversity. See the College University Guest Speakers and Performers Policy. The college University recognizes that the free exchange of ideas and expression may produce conflict. This exchange is an important element in the pursuit of knowledge. Implicit in the pursuit of this exchange is the privilege to dissent and demonstrate in a peaceful and non-disruptive manner without unreasonable obstruction or hindrance. The college University expects that those who enjoy this privilege also accept the responsibility for their actions and for maintaining order. The college University also recognizes the rights of those who desire not to protest and who wish to continue to participate in the normal activities of the collegeUniversity. As responsible participants in the college University community, students can expect fair and impartial treatment in their relations with the college University and their dealings with college University officials.

C. Intellectual Responsibility

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Students have the right to receive information from the college University on a timely basis.  Students should understand that the major form of communication and correspondence at the college University is college University e-mail.  Therefore, any college University information, including but not limited to Community Standard notifications, will be shared by using a student’s Canisius College University assigned e-mail.  It is every student’s responsibility to monitor and manage their college University e-mail account daily. 

F. Student Bill of Rights – Sexual Violence

Canisius College University is committed to providing options, support, and assistance to members of the college University community that are affected by sexual assault, sexual harassment, domestic violence, dating violence, and stalking (“sexual violence”), regardless of whether the crime occurred on campus, off campus, or while studying abroad.  The rights enumerated in the Student’s Bill of Rights below are afforded to all students reporting sexual violence, as well as all students accused of sexual violence, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

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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 University’s Sexual and Gender-Based Misconduct Policy.

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In matters involving Sexual and Gender-Based Misconduct, the college University shall ensure that Community Standards process affords every student the following rights:

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      1.  
        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 collegeUniversity, 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.

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  • When the Accused/Respondent is a student, to have the college University issue a “No Contact Order.”  When a No Contact order is in effect, continued contact with the Victim/Complainant is a violation of Community Standards and will result in additional conduct charges.  If the Accused/Respondent and a Victim/Complainant observe each other in a public place, it is the responsibility of the Accused/Respondent to leave the area immediately and without directly contacting the Victim/Complainant.  Both the Accused/Respondent and Victim/Complainant may request a prompt review by the Title IX Coordinator of the need for and terms of a No Contact Order.  Parties may submit evidence in support of their request.
  • To have assistance from Public Safety or other college University officials in initiating legal proceedings in family court or civil court, including but not limited to obtaining an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
  • To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with a college University official who can explain the order and answer questions about it including information from the order about the Accused/Respondent’s responsibility to stay away from the Victim/Complainant.
  • To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.
  • To have assistance from Public Safety in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of Public Safety or, if outside of the jurisdiction to call on and assist local law enforcement in effecting an arrest for violating such an order.
  • When the accused is a student and presents a continuing threat to the health and safety of the community, to have the Accused/Respondent subject to interim suspension pending the outcome of the Community Standard judicial process.  Parties may request a prompt review of the need for and terms of an interim suspension in accordance with the procedures set forth in Article IV. A of these Community Standards.
  • To obtain reasonable and available Interim Measures that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment.  Such measured will be imposed by the college’s University’s Title IX Coordinator.  Students (or their professional counselor or advocate) may also contact the Title IX Coordinator to request interim measures.  Refer to the college’s University’s Sexual and Gender-Based Misconduct Policy for additional information.

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  I. Obligation to Determine a Continuing Threat

Canisius College University has a Threat Assessment Team. This team is comprised of relevant individuals from our Student of Concern team. When the need to determine a continuing threat occurs or when a request is made for a threat assessment by a confidential resource or a mandatory reporter related to an allegation of sexual violence the Title IX Coordinator will call an immediate meeting of the Threat Assessment Team. This meeting would include a confidential resource (if that person made the request), a mandatory reporter (if that person made the request), the Title IX Coordinator, the Title IX investigator (if an investigation has already begun), the Director of Public Safety, and other individuals deemed necessary by the Title IX Coordinator. A victim/reporting individual’s privacy will be a priority while trying to maintain that person’s safety as well as the health and safety of the community.

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Disciplinary authority is vested in college University administrators, faculty members, committees, and organizations, as set forth in the Community Standards, or in other appropriate policies, rules, or regulations. Specifically, disciplinary authority for academic violations of the Community Standards is vested in faculty members, academic deans and the vice president for academic affairs. Disciplinary authority for all other violations of the Community Standards is vested in the vice president for student affairs (VPSA) or designee.

  1. The senior associate dean of students (SADOS) or designee shall coordinate the judicial process and conduct hearings consistent with provisions outlined in Appendices B and C.
  2. The VPSA shall develop policies and procedures for the administration of the Community Standards.  Definitions of terms are available from the VPSA or SADOS.
  3. The SADOS or designee may impose conditions on a student’s continued relationship with the college University during the judicial process.  Established time limits and any other aspects of judicial proceedings may be altered at the discretion of the SADOS.
  4. The VPSA shall designate the director of public safety and all sworn public safety officers to issue Community Standards Citations to students who violate the Community Standards or complete Public Safety reports for violations.

ARTICLE III: PROSCRIBED CONDUCT

A. Jurisdiction of the CollegeUniversity

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 University jurisdiction and discipline shall generally include conduct, which occurs off college University premises (including abroad) or which adversely affects members of the college University community or the pursuit of the college University mission. The SADOS or designee shall decide whether the Community Standards shall be applied on a case-by-case basis.

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  1. As 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 University 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.

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  • 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 University’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 University 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 University’s Freedom of Expression policy. At the same time, the college University 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 University 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 University’s commitment to openness and free expression will not sanction or authorize acts or expressions of harassment, bias or hate.

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    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 University’s Sexual and Gender-Based Misconduct Policy.  See the college’s University’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 University’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.
    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.
  3. 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 University policy complaint. 
  4. 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.
  5. Behavior or conduct, which is disorderly, lewd, or indecent.
  6. 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.
  7. Public intoxication or the use, possession or distribution of alcoholic beverages except as expressly permitted by federal, state, and/or local law and college University polices and regulations (see college University Alcohol Policy). Intoxication is not a mitigating circumstance.
  8. Unauthorized possession of firearms, replica firearms, ammunition, explosives, fireworks, other weapons, or replica weapons, or unauthorized use of dangerous chemicals or substances on college University premises (see college University Weapons and Other Dangerous Weapons Policy).
  9. 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.
  10. Attempted or actual theft of, damage to, or unauthorized possession or alteration of property of the collegeUniversity, property of a member of the college University community or other personal or public property.
  11. Attempted or actual theft or other abuse of computer resources and systems pursuant to the Acceptable Use of College University Computer and Network Systems Policy.  This includes downloading copyrighted material.
  12. Using the college’s University’s Internet access in a malicious manner is a violation of the Canisius college University community standards.
  13. Utilizing 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.
  14. Behavior or conduct resulting in the disruption or obstruction of teaching, research, administration, disciplinary proceedings, student organization, other college University activities or events, including its public-service functions on- or off-campus, or other authorized non-college University activities, when the act occurs on college University premises.
  15. Failure to comply with directions of members of the college University 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.
  16. Obstruction of or dangerous interference with the free flow of pedestrian or vehicular traffic on college University premises or at college University sponsored or supervised functions.
  17. Unauthorized possession, duplication or use of keys, combinations, or access cards to any college University premises or unauthorized entry to or use of college University property.
  18. Engaging in illegal gambling activities.
  19. Unauthorized or inappropriate use of college University equipment and assets.
  20. Unauthorized use of the college University name, logo or seal.
  21. Violation of Residence Life Standards of Conduct.
  22. Violation of published college University 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 University catalogs, as well as the Canisius College University Policy Manual.
  23. 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.
  24. Any off-campus conduct demonstrating disregard for the rights of others.
  25. Any violation of federal, state and/or local laws/ordinances regardless of whether such violation occurred on or off the college University 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.

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The health and safety of every student at Canisius College University 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 University 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 University 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.

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A bystander acting in good faith or a reporting individual acting in good faith, who discloses a violation of the Community Standards to college University 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.

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Canisius values a strong relationship with the local community. Every student of the college University 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 University Discipline

  1. College University 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.
  2. When a student is charged by federal, state or local authorities with a violation of law, the college University 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 University may advise off-campus authorities of the existence of the Community Standards and of how such matters shall be handled internally within the college University community.

ARTICLE IV: JUDICIAL POLICIES

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  1. In certain circumstances, the VPSA, SADOS or designee may impose an interim suspension for the following reasons:
    1. To ensure the safety and well-being of members of the college University community or to preserve college University property; or
    2. If a student poses a threat of disruption or interference with the normal operations of the collegeUniversity.
    3. During the interim suspension, a student may be denied access to college University 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.
    4. 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.
    5. Violation of the interim suspension or altered privileges may result in separation or expulsion.

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  1. 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 University 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 University is not required to respond to any allegations within a prescribed time limit.
  2. 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:
    1. the potential sanction falls within items l, m, n, and o of Article IV, Section C; (although a lesser sanction may be imposed);
    2. the alleged violation has wide ranging community implications or is a violation of Article III, B, 2 or 3;
    3. the alleged violation has not been previously encountered within the college University community;
    4. 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.
    5. 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.
    6. 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.
    7. Decisions made by the Conduct Conference Hearing Officer (HO), SADOS or designee shall be final except if sanction i through o are imposed; which may be appealed to the SDOS.
    8. Decisions made by the Community Standards hearing Panel may only be appealed to the Community Standards Hearing Panel Appeals Panel. 
    9. 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.
    10. 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.
    11. 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.

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  1. One or more of the following sanctions may be imposed upon any student found responsible for violating the Community Standards:
    1. Warning — A written or verbal notice to the student that the student has been found responsible for violating Community Standards.
    2. Fines — A monetary fee may be imposed.
    3. Restitution—Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
    4. Discretionary Sanctions—Work assignments, community service, participation in or completion of college University service or program, service to the college University and/or other related discretionary assignments.
    5. 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.
    6. 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 collegeUniversity, co-curricular activities, athletics participation, campus employment).
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. College University 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.
    12. College University Suspension—Separation of the student from the college University 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.
    13. College University Expulsion — Permanent separation of the student from the college University with no opportunity for readmission to the college University 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.
    14. 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.
    15. 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.
    16. The proper college University 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.
    17. 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 collegeUniversity.
    18. 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).
    19. 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 University recognition and/or funding for a specified period of time.
    20. 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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If a respondent voluntarily withdraws from the college University while a complaint is pending, a registration hold shall be placed on the respondent’s account and the respondent shall not be permitted to re-enroll until after the complaint has been resolved. If a respondent withdraws after being accused of criminal violence, including but not limited to an act of sexual violence, a notation indicating the the student withdrew with conduct charges pending will be made on the student’s transcript. Normally, the judicial process shall continue and a decision may be rendered based on available information whether or not the respondent is available. No student may be found to have violated the Community Standards solely because the student failed to appear.

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RELATED POLICIES

Acceptable Use of College University Computer and Network Systems Policy

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Political Activities and Speakers Policy

Parking Policy

College University Catalog

Weapons and Other Dangerous Instruments Policy

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Appendix A: Code of Academic Integrity

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

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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 University during the appeal process.  The decision made in the appeal process is final.

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The hearing shall be private and closed and shall be attended only by members of the hearing panel, college University 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.

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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 University 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.

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During the appeal process the imposition of the sanction(s) shall not occur; however, the appeals Pane may impose limitations or conditions on the appealing respondent’s continued relationship with the college University during the appeals process.  The decision made in the appeal process is final.


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[1] Violent crimes shall include those crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII).