Annual Security Report

SUNY ADIRONDACK

ANNUAL SECURITY and FIRE REPORT
Reporting Year 2015

 

This report is prepared by the Public Safety Office to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The law mandates that institutions receiving Title IV federal funds disseminate crime statistics for certain serious offenses that occurred on campus and in adjacent areas for the current and previous two calendar years. This report is prepared in cooperation with local law enforcement agencies surrounding our main campus and extension centers, Campus Authorities and Public Safety. The purpose of this report is to provide our current and prospective faculty, staff and students with campus safety information, including crime statistics and procedures to use when reporting a crime. The College will not retaliate or allow any retaliation toward a person(s) who reports alleged violations of this act.

Each year, an e-mail notification is sent to all enrolled student, faculty and staff that provides the web site to access this report. Paper copies of this report may also be obtained in the Facilities office room 007, the Human Resource office room 103 and the Enrollment Management Office room 133 all located in Warren Hall. A copy may also be obtained from the Public Safety Office room 164 of the Residence Life building. All prospective employees may obtain a copy from the Human Resource Office.

GENERAL SECURITY & SAFETY INFORMATION

SUNY Adirondack enjoys a full and part-time student population of over 4000 students. The campus employs a workforce of over 350 full and part-time faculty and staff.

The safety of students and college personnel is a top priority on our campus and the College continuously strives to make improvements. Security and safety systems that are in place on the Campus include:

  • Building and room card access systems
  • Security alarms
  • Surveillance systems
  • Peace Officer personnel patrolling campus 24/7
  • Facilities and Landscaping designed to minimize hazards
  • Emergency telephones in parking lots and building corridors
  • MOU’s with local Sheriff's Departments
  • MOU's with our partner Institutions who share our campus buildings
  • NYAlert Emergency Notification System
  • Fully automatic fire detection systems in all buildings
  • Emergency telephones in building corridors
  • Emergency telephones (Blue Light) located at;
    • East entrance sidewalk to the Residence Hall
    • North of the west door of the Regional Higher Education Building
    • West of Washington Hall, on the upper Quad
    • North of the Gymnasium
    • South of Regional Higher Education Building, west of parking lot #4

Standard Access Policy

During business hours, the College is open to students, parents, employees, contractors, guests, and invitees. During non-business hours access to all college facilities is by card access, if authorized, or by admittance via the Public Safety.

Authorized College functions that take place during non-business hours are scheduled through the Facilities Office and appropriate access to required facilities will be provided for.

Over extended breaks, the doors of all Res Hall will be secured around the clock. Some facilities may have individual hours, which may vary at different times of the year. Examples are the Gym, the Library, and the Student Center. In these cases, the facilities will be secured according to schedules developed by the department responsible for the facility.

Law Enforcement Authority of Campus Safety Personnel

Campus safety and law enforcement is coordinated by your campus Public Safety Office. Public Safety is recognized by the State of New York as a law enforcement agency. The office has a force of sworn officers with full arrest powers. The officers must meet the high standards of training administered by New York State’s Division of Criminal Justice Services. They also undergo continuous training to upgrade their skills.

Foot and vehicle patrols are conducted on campus 24 hours per day, 365 days per year.  The office of Public Safety’s objective is to provide a safe environment and protect the lives and property of students, employees and visitors, pursued within the framework of the College’s policies, rules and regulations, and all local, state and federal laws.

Public Safety Officers have the authority to ask persons for identification and to determine whether individuals have lawful business at the College.   Public Safety Officers have the authority to enforce state and local laws including; Vehicle & Traffic, Alcohol Beverage Control, and Penal Law violations.  They enforce college policies and rules such as those found in the Student and Resident Handbooks and parking regulations.  

The geographical are of jurisdiction encompasses the main campus, and facilities owned, operated or maintained by SUNY Adirondack, and those public highways which cross or abut the campus properties.

The investigation of crimes committed on campus falls under the jurisdiction of the Public Safety Office.  Public Safety works closely with our fellow law enforcement agencies, including the Warren County Sheriff’s Office, Saratoga County Sheriff’s Office and the New York State Police to assist with incidents that occur on and off campus involving campus students or employees.

If Public Safety finds that a serious crime or felony has been committed, Public Safety will refer the case to Warren County Sheriff’s Office; Saratoga County Sheriff’s Office, and/or the New York State Police and will assist in the completion of the investigation.

Memorandum of Understanding (MOU)

The College and the Warren and Saratoga County Sheriff's Departments have an  MOU which recognizes the Public Safety Office and designates the Sheriff’s Offices  as having primary law enforcement jurisdiction on all property owned, leased or under the control of the college and will provide police services on said property. A copy of this MOU is available for review in the Facilities Office during normal business hours.

While the College is private property, and Constitutional protections apply, law enforcement officers may enter the campus to conduct business as needed. Additionally, the officers are invited to patrol the campus to assist Public Safety in deterring crime.

Emergency Notifications

If a situation arises that poses an immediate threat to the health and safety of students or employees, a SUNY Adirondack Emergency Alert will be issued to expedite emergency response and/or evacuation procedures. The goal of an Emergency Alert is to notify as many people as possible, as rapidly as possible, with adequate follow-up information as needed. Information will be disseminated via a variety of channels: The Office of Public Safety and the Marketing and Communications Department distributes information via: SUNY NYALERT, the SUNY Adirondack Emergency Alert system (text message, recorded message via phone or email); broadcast alerts all logged-on computer terminals, and campus TV channels. An emergency siren is located on Scoville Hall. (The only time the siren is activated is for a situation necessitating a lockdown of the campus.) Some or all of these methods of communication will be used to provide follow-up information to the SUNY Adirondack community.

SUNY Adirondack Emergency Alerts are issued for incidents such as an active threat/shooter, major hazardous materials release, major fire, extended power outage, or a weather incident that would directly impact campus. SUNY Adirondack has implemented a process that gives the Director of Public Safety or designee the authority to confirm a significant emergency or dangerous situation; to develop the content; and to initiate the Emergency Alert System to send an emergency message to the campus community.  The process also stipulates that an immediate emergency message will be sent to the SUNY Adirondack community without delay, unless notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim, or to contain, respond to or otherwise mitigate the emergency.

To sign up for SUNY NYALERT login to self-service banner, click on the personal Information tab, click on Register For NY-Alert and follow the instructions.

Timely Notifications

In the event that a crime is reported to Public Safety or local police authorities that poses a serious or continuing threat to the SUNY Adirondack community, a timely warning (called an ADK Safety Bulletin) will be issued to the entire campus community.

 

The Office of Public Safety and the Marketing and Communications Department personnel will typically develop the content and will issue the warning using some or all of the systems listed below. 

Incidents are considered on a case-by-case basis after reviewing the facts and deciding whether there is a continuing danger to the campus community and the amount of information known by the Office of Public Safety for example, if an assault occurs between two students who have a disagreement, there may be no on-going threat to other community members and a timely warning would not be distributed.

The Office of Public Safety Director or designee reviews all reports to determine if there is an on-going threat to the community and if the distribution of a timely warning is warranted. Names and identifying information of victims will be held as confidential.

 

SUNY Adirondack will use some or all of the following systems to distribute timely warning notices: campus e-mail, internal CCTV system, building main entrances and bulletin boards and the SUNY NYALERT notification system

Daily Crime/Fire Log

A daily log of incidents that occur on campus is kept and is available for the public to view in the Facilities Office from 8am – 3:30pm Monday thru Friday or by request. This log includes the date, time, general location and disposition of the incident.

Reporting a Crime

SUNY Adirondack encourages anyone who witnessed or has been a victim of a crime to immediately report the incident by dialing 911 or for a non-emergency, 518 743-7233. Crimes can be reported on a voluntary, confidential basis for inclusion in the Annual Security Report. The Office of Public Safety can file a report on the details of an incident without revealing your identity. The purpose of a confidential report is to maintain anonymity, yet it allows the Office of Public Safety to take steps to ensure your future safety and that of others. With such information, the college can keep an accurate record of the number of incidents involving students, employees and visitors and alert the campus community to potential danger if necessary.  Reports filed on a confidential basis are counted and disclosed in the annual crime statistics for the college.

 

Campus Reporting Agents

Public Safety (non-emergency) (518) 743-SAFE (7233) or ext. SAFE (7233)

Dean of Students Affairs, Office Student Center (518) 743-2200 ext. 2251

Counseling Center WR 162 (518) 743-2200 ext. 2247

Residence Life & Housing Office (518) 832-7785

Human Resources (518) 743-2257

Wilton Center Administrative Suite (518) 584-3959

 

 

Incapacitated or Unable to Report

 

Lacking a request not to prosecute, in cases where the victim of a crime is incapacitated or otherwise unable to report a crime, the Office of Public Safety will act upon the investigation as if the victim requested a full investigation.  Until otherwise advised by the victim. 

Statement on College's Cooperation with Law Enforcement Officials

When a SUNY Adirondack student is involved in an off-campus offense, Public Safety officers may assist with the investigation in cooperation with local, state, or federal law enforcement.  Warren County Sheriff’s Deputies, Saratoga County Sheriff’s Deputies, and State Police Officers routinely work and communicate with campus officers on any serious incidents occurring on-campus or in the immediate neighborhood and business areas surrounding campus.

The College will cooperate fully and completely with local or state authorities on any case of suspected use, possession or distribution of illicit drugs and alcohol. In the event that any student is apprehended by local, state or federal authorities for the offense of use, possession or distribution of illicit drugs or alcohol, that student will not be in any way protected by the College. Additionally, there are certain off-campus offenses that by their very nature pose a serious threat to the College community. In all such cases a student convicted of violating civil law may be subject to separation from the College.

OFF CAMPUS ORGANIZATION

SUNY Adirondack operates no off-campus housing or off-campus student organization facilities.

CRIME PREVENTION PROGRAMS

Crime Prevention programs on personal safety and theft prevention are sponsored by Student Services throughout the year. Student Services staff facilitate programs for students providing a variety of strategies and tips on how to protect themselves from sexual assault, theft and other crimes. Security and safety related programs are also provided to students through presentations in Freshman Seminar classes.

The College educates the student community about sex discrimination, sexual assault, dating violence, domestic violence and stalking through freshman seminar and additional programming run by Student Activities each semester.  Classes and literature on date rape education, risk reduction, and College response are available through the Counseling Office.  In 2015 the Counseling office offered two substance abuse workshops per semester. 

EMERGENCY RESPONSE PLANNING

The College's Leadership and the Emergency Management Team are responsible for formulating and writing the Emergency Management Plan.  This plan provides a frame work for assessing emergency situations, appropriately responding to said emergencies and initiating necessary communication with those immediately impacted by the event.  

 

Public Safety Officers respond to all calls for service, with the guidance of the Director of Facilities and Public Safety and the Deputy Director of Public Safety, determine whether an emergency or dangerous situation exists.  If such condition exists the protocols established in the SUNY Adirondack Emergency Management Plan are followed.

 

Evacuation

If the immediate evacuation of a building(s) is required, alarm notification (fire alarm system) will be activated. SUNY Adirondack conducts one evacuation (fire Alarm) drill each semester for all facilities, one additional evacuation (fire Alarm) drill is conducted for the Residence Hall.  The additional Residence Hall drill is conducted in the evening/night.  All evacuation (fire Alarm) drills are unannounced.

 

Students learn the locations of the emergency exits in the buildings and are provided guidance about the direction they should travel when exiting each facility.  The purpose of evacuation drills is to prepare building occupants for an organized evacuation in case of an emergency. Evacuation drills are used as a way to educate and train occupants on issues specific to their building. During the drill, occupants ‘practice’ drill procedures and familiarize themselves with the location of exits and the sound of the fire alarm.

 

The process provides the college an opportunity to test the operation of fire alarm system components.  Evacuation drills are monitored by the SUNY Adirondack Facilities Department and the Office of Public Safety to evaluate egress and behavioral patterns.  Deficient equipment is identified and repaired on a priority basis. 

 

Residence Hall students receive information about evacuation and shelter-in-place procedures during their first floor meetings and during other educational sessions that they can participate in throughout the year. The Residence Hall staff members are trained in evacuation procedures as well as emergency response procedures. 

 

Emergency Guide books are provided to each office on campus.  The Emergency Guide describes emergency response and evacuation procedures.  This guide provides information concerning emergency phone numbers, the emergency notification system, fire/smoke, medical emergencies, hazardous materials spills, evacuations, etc. 

 

Public Safety and Facilities staff are trained on an annual basis in regards to evacuation procedures.

CAMPUS CRIME STATISTICS

Campus Locations

Federal law requires that campuses report specific criminal activities that occur on campus property and specific areas around those properties. Crimes occur in the community beyond what is required to be reported in this document. Students are advised to exercise caution in ALL locations.

On Campus: includes all offenses reported on the main campus property and in campus buildings.

Non Campus: includes property owned or leased by the College outside campus boundaries. These properties include the Wilton Center located at 696 State Rt. 9, Wilton NY and Crockwell Pond located on East Sanford Street in the City of Glens Falls.

Public Property: includes thoroughfares, streets, sidewalks, parking facilities, and public parks or park-like settings immediately adjacent to and accessible from the campus.

Off-Campus Jurisdiction– SUNY Adirondack’s policy allows for pursuing student conduct action against students who are involved in off-campus incidents that also violate College policy and/or federal, state, and/or local laws, statutes, or ordinances.

Campus Crime Report

In accordance with the Campus Safety Act, the following reflects reportable crime statistics at SUNY Adirondack for the previous (3) years. Statistics are compiled in the Facilities Office.

OFFENSE

YEAR

GEOGRAPHIC LOCATION

 

 

ON-CAMPUS PROPERTY

ON-CAMPUS STUDENT HOUSING FACILITIES

NON-CAMPUS PROPERTY

PUBLIC PROPERTY

UNFOUNDED

MURDER AND NON-NEGLIENT MANSLAUGHTER

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

MANSLAUGHTER BY NEGLIENCE

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

ARSON

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

ROBBERY

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

1

1

0

0

0

AGGRAVATED ASSAULT

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

2

1

0

0

0

BURGLARY

2013

0

0

0

0

0

2014

2

2

0

0

0

2015

6

6

0

0

0

MOTOR VEHICLE THEFT

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

SEX OFFENSES (RAPE)

2013

0

0

0

0

0

2014

3

2

0

0

0

2015

2

2

0

0

0

SEX OFFENSES (FONDLING)

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

SEX OFFENSES (INCEST)

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

SEX OFFENSES (STATUTORY RAPE)

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

DATING VIOLENCE

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

2

2

0

0

0

DOMESTIC VIOLENCE

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

1

1

0

0

0

STALKING

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

ARRESTS

LIQUOR LAW VIOLATIONS

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

DRUG RELATED

2013

2

1

0

0

0

2014

5

5

0

0

0

2015

4

4

0

0

0

WEAPONS VIOLATIONS

2013

0

0

0

0

0

2014

1

1

 

 

 

2015

0

0

0

0

0

DISCIPLINARY REFERRALS

LIQUOR LAW VIOLATIONS

2013

14

13

0

0

0

2014

25

25

0

0

0

2015

34

34

0

0

0

DRUG RELATED

2013

16

10

0

0

0

2014

36

36

0

0

0

2015

24

24

0

0

0

WEAPONS VIOLATIONS

2013

1

1

0

0

0

2014

1

1

0

0

0

2015

0

0

0

0

0

ADDITIONAL HATE CRIME RELATED OFFENSES

LARCENY-THEFT

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

SIMPLE ASSAULT

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

INTIMIDATION

2013

0

0

0

0

0

2014

1

1

0

0

0

2015

0

0

0

0

0

DESTRUCTION/DAMAGE/VANDALISM OF PROPERTY

2013

0

0

0

0

0

2014

0

0

0

0

0

2015

0

0

0

0

0

BIAS CRIMES PREVENTION

It is a SUNY Adirondack mandate to protect all members of the campus community by preventing and prosecuting bias or hate crimes that occur within the campus’ jurisdiction.

Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their 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 Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485).  Copies of the New York law are available from the Office of the Dean for Student Affairs. 

Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence, or previous convictions of the offender.  Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.

In addition to preventing and prosecuting hate/bias crimes, SUNY Adirondack also assists in addressing bias-related activities that do not rise to the level of a crime.  These activities, referred to as bias incidents and defined by SUNY Adirondack as acts of bigotry, harassment, or intimidation directed at a member or group within the SUNY Adirondack community based on national origin, ethnicity, race, age, religion, gender identity or expression, sex, sexual orientation, disability, military status, color, creed, or familial status, pregnancy, predisposing genetic characteristics, domestic violence victim status, or criminal conviction may be addressed through the State University’s Discrimination Complaint Procedure or the campus Code of Conduct.  Bias incidents can be reported to the Dean for Student Affairs or the Director of Human Resources. 

If you are a victim of, or witness to a hate/bias crime on campus, report it to Public Safety personnel by calling 743-SAFE (7233) or using a Blue Light phone.  You can also contact the Dean for Student Affairs.  Designated college personnel will investigate and follow the appropriate adjudication procedures. 

Victims of bias crime or bias incidents can avail themselves of counseling and support services from the campus by contacting the Counseling Office at 743-2278, or stopping by the Office, located in Warren Hall. 

For general information on SUNY Adirondack security procedures contact the Office of Facilities at 743-2246.  Further information about bias-related and bias crimes, including up-to-date statistics on bias crimes is available from Office of the Dean for Student Affairs at 832-7708.

DEFINITIONS OF THE ABOVE CRIMINAL ACTIONS

THESE DEFINITIONS ALSO INCLUDE NEW YORK STATE CRIME DEFINITIONS AS REQUIRED BY THE VIOLENCE AGAINST WOMEN ACT FOR CONSENT; DATING VIOLENCE; DOMESTIC VIOLENCE; SEXUAL ASSAULT; AND STALKING.

Aggravated Assault - an unlawful attack by one person upon another wherein the offender displays or uses a weapon in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

Arson - Any willful or malicious burning, attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another etc.

Burglary - the unlawful entry into a building or other structure with the intent to commit a felony or a theft.

Dating Violence - New York State does not specifically define dating violence. However, dating violence would include the crimes listed elsewhere in this document when committed by a person in a social relationship of a romantic or intimate nature with the victim. Dating violence includes, but is not limited to, sexual or physical abuse or threat of abuse. It does not include acts covered under the definition of domestic violence.

Domestic Violence - An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm  to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.

Drug Abuse Violations - violations of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use

Family or Household Member - Person’s related by consanguinity or affinity; Persons legally married to one another; Person formerly married to one another regardless of whether they still reside in the same household; Persons who have a child in common regardless of whether such persons are married or have lived together at any time; Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation.

Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Hate Crime - when a person is victimized intentionally because of her/his actual or perceived race, gender, sexual orientation, ethnicity, disability, gender identity or national origin.

Incest - Non Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Liquor Law Violations - violations of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages.

Motor Vehicle Theft - the theft or attempted theft of a motor vehicle.

Murder - the willful killing of one human being by another.

Parent - means natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Robbery - the taking, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of another person or persons by force or violence and/or by putting the victim in fear of immediate harm.

Sex Offenses - Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Sexual Assault - New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.

Stalking - When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Statutory Rape - Non forcible sexual intercourse with a person who is under the statutory age of consent.  The statutory age of consent in New York is seventeen (17).

Weapons Possessions - violations of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

Suspension/Dismissal – Students who are suspended or dismissed are NOT ALLOWED to be on campus or attend campus-sponsored events for any reason unless prior permission is given by the Director of Residence Life or the Dean of Student Affairs.

 Persona Non Grata (PNG) – An order of exclusion from campus to non-students who have demonstrated that their presence on campus would be a threat to the campus and/or campus members. Violators can be arrested for criminal trespass.

 STATEMENT OF PUBLIC ORDER

The College is a public institution operated for the purpose of providing educational opportunities to students and to support cultural and intellectual aspects of the area. College students, faculty, staff, employees and visitors to the campus are required to conduct themselves in accordance with the law and with College rules and regulations at all times.

Students’ Bill of Rights

The State University of New York and SUNY Adirondack are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations—regardless of the victim/survivor’s 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—have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:

All students have the right to:

  1. Make a report to law enforcement and/or state police;
  2. Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously;
  3. Make a decision about whether or not to disclose a crime or violation and participate in the campus conduct process and/or the criminal justice process free from pressure from the College;
  4. Participate in a process that is fair, impartial and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services where available;
  6. Be free from any suggestion that the reporting individual (including but not limited to the victim) is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  7. Describe the incident to as few College officials as practicable and not to be required to unnecessarily repeat a description of the incident;
  8. Be free from retaliation by the College, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
  9. Access at least one level of appeal of a determination;
  10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process, including all meetings and hearings related to such process;
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice or judicial or conduct process of the College.

Options in Brief

Victims/survivors have many options that can be pursued simultaneously, including one or more of the following:

  • Receive resources, such as counseling and medical attention;
  • Confidentially or anonymously disclose a crime or violation (for more detailed information on confidentiality and privacy, see Options for Confidentially Disclosing Sexual Violence);
  • Make a report to:
    • An employee with the authority to address complaints, including the Title IX Coordinator, the Dean for Students, and/or the Director of Human Resources;
    • Campus Public Safety;
    • Local law enforcement; and/or
    • Family or Civil Court.

Copies of this Bill of Rights will be distributed annually to students, made available on the College’s website, and posted in the Residence Hall, Dining Hall, Student Center, Student Activities Office, Counseling Office, Athletics Office, Human Resources, Public Safety Office, President’s Office, with all Faculty Secretaries, and at the Wilton Center. This Bill of Rights provides direction to additional resources with more detailed information, including the Sexual Violence Response Policy and the Options for Disclosing Sexual Violence

College's Code of Conduct

The Code of Conduct exists as a means to protect the rights of all students and faculty while also holding individual members to the same standards of respect courtesy, integrity and responsibility.  It is in the best interest of all students to review their rights and responsibilities as laid out in the following document. In the event of a violation, students have the right to due process as defined within the code of conduct. 

SUNY Adirondack recognizes that its chief responsibility to the community is education.  Our Code of Conduct is designed to facilitate an awareness of this community context and to provide meaning to all our lives.  Education is primary, as it should be within any educational institution.  The Code provides for fair due process, and emphasizes the issuance of sanctions that are positive.  Behaviors which interfere with the ongoing daily educational purposes of the college may require intervention and/or disciplinary action.  With this in mind, we as a community believe that students enrolling at SUNY Adirondack assume an obligation to conduct themselves in a manner compatible with the functions of the college as an educational institution.  While college may present certain stressful situations, it is expected that students will be able to maintain an adequate level of self-control.

The College Code of Conduct expects that all students will conduct themselves as responsible members of society as defined by this Code.  It intends to educate individuals regarding the nature of communities and provide opportunities to learn and express positive behavior within those larger contexts.  In addition, students and student organizations should always be free to support causes by orderly means which do not disrupt the regular and essential operation of the institution.  Nevertheless, in any demonstrations or public expressions of opinion, students or student organizations speak only for themselves. 

Code of Conduct infractions include violations of any federal, state, or local law, where, in the judgment of the College, the person charged endangers the property or threatens the personal safety of an individual and/or the academic community.  It is the intent of the College to leave disciplinary action with respect to off-campus offenses of students to the proper authorities.  It must be noted, however, that there are certain off-campus offenses that by their very nature pose a serious threat to the College community.  In such cases, the College reserves the right to take appropriate action.

 

Infractions of Residence Hall Community Expectations and Standards are defined in the ADIRONDACK HOUSING ASSOCIATION, LLC (AHA) Handbook.  It should be noted that a violation of the Community Standards may also be a violation of the College Code of Conduct and students may be held accountable both by the AHA and the College for their actions in the Residence Halls depending on the level of offense.  Disciplinary measures may be taken for the following reasons:  (Note, however, these do not cover every single circumstance. When disciplinary measures will be enacted. In general, any act that infringes upon the rights of others or that adversely affects the College is prohibited.)

 

A.Dishonesty, such as cheating or plagiarism.

B.Falsifying information to the College, such as forgery, alterations or intentional misuse of College documents, records, or identification.

C.Obstruction or disruption of any College activities (both in and outside of the classroom) or insult of any person authorized or assigned to address student groups.

D.Aggressive physical contact and/or physical abuse of any person; or conduct which threatens or endangers health or safety.

E.Theft of, or damage to, college or personal property. 

F.Non-compliance with SUNY Adirondack’s Computer Use Policy and Procedures.

G.Unauthorized or improper use of, or entry to, College facilities.

H.Violation of College policies concerning regulation of student organizations.

I.Disorderly, lewd, indecent, or obscene conduct or expression.

J.Harassment of any person, sexual or otherwise.  This includes harassing electronic communication (texts, emails, Facebook posts etc.)

K.Failure to comply with directions of College employees, including resident assistants, acting in the performance of their duties.

L.Violation of the college tobacco free policy.

M.Gambling in any form.

N.Presence on campus under the influence of alcohol or other drugs.

O.Possession or use of alcoholic beverages on-campus at other than approved events and under approved conditions. 

P.Sale, possession, exchange, or use of narcotics or illegal drugs in any form.

Q.Possession of firearms or any other weapon on-campus and college sponsored events.  This includes but is not limited to, hunting rifles, hand guns, paint ball guns, BB guns, air soft guns, stun guns, very realistic looking toy guns, switchblades, gravity knives, bows and arrows, ammunition of any kind and any martial arts weapons.

R.Recklessly or intentionally endangering mental or physical health or forcing consumption of alcohol or drugs for the purpose of initiation into or affiliation with any organization.

S.Persistent acts of willful disobedience or defiance toward college staff.

T.Breach of peace on college property or at college-sponsored events.

U.Willfully inciting others to commit any of the acts herein prohibited. 

V.Reckless, inappropriate or negligent behavior during an off-campus, college-sponsored activity or course

  1. The act or threat of retaliation, intimidation, or coercion toward another individual for participating in a College process or procedure.

X.Any other charge deemed necessary by the Dean for Student Affairs.

Y.Any incident that falls under the federal Clery Act.

 

Violations of the Code of Conduct

 

A.Academic violations of the Code of Conduct shall be referred to the Dean for Academic Initiatives.  All other violations shall be referred to the Dean for Student Affairs and/or the appropriate law enforcement agency.

B.The Dean for Student Affairs may initiate an informal Dean’s inquiry into any alleged violation of the Code of Conduct in order to determine if an incident has occurred.  During the Dean’s inquiry students, faculty, staff or other appropriate parties may be asked to meet with the Dean for Student Affairs (or his/her designee) in order to clarify that situation.

C.The Dean for Academic Initiatives and/or the Dean for Student Affairs may intervene or take disciplinary action, either when requested in writing by a faculty member, staff member, Division Chairperson, or on his/her own accord, when student behavior is disruptive to learning or to campus activity or poses a threat to person or property.

D.The Dean for Student Affairs may designate a College official to act as a conduct officer in his/her place regarding cases that may result in lower level sanctions only (e.g. oral or written reprimand or appropriate education or punitive sanctions)

E.All formal academic charges of Code infraction shall be submitted in writing and in complete detail to the Dean for Academic Initiatives.  All other formal charges of Code infraction shall be submitted to the Dean for Student Affairs in writing and in complete detail.  In the event that the Dean is a party to the charges, his/her duties shall be performed by some person designated by the appropriate Vice-President.

F.Within ten working days of the date of notice, the student shall be notified of the charges in electronic or written format and required to meet with either the Dean for Academic Initiatives (in the case of academic/classroom violations) or the Dean for Student Affairs, or his/her designee (for all other violations) regarding charges. If the student does not report to the Dean’s office or respond in writing to reschedule the procedure will continue as follows and may result in the actions described below. 

G.Pending action on charges, civil or College, the status of the student shall not be altered or his/her right to be present on the campus and to attend classes denied, except for reasons relating to the safety and wellbeing of students, faculty and staff, or College property.  The decision to alter student status under this section shall be made by the Dean for Academic Initiatives (in the case of academic/classroom violations), or the Dean for Student Affairs (for all other violations), upon consultation with the appropriate Vice-President (during normal business hours), or the appropriate Public Safety Official (outside of normal business hours) and shall be final, pending action on the charges.  Such decision shall be in writing and the reasons shall be set forth.

 

Procedure for Action by the Dean for Student Affairs/ Dean for Academic Initiatives or other designated college authority

 

A.The student will be advised of his/her rights in the interview and possible consequences.

B.Except in cases of sexual harassment and sexual violence (including but not limited to domestic violence, dating violence, and sexual assault and stalking), an effort will be made to resolve the issue by mutual agreement if it is deemed a violation of the Code of Conduct has occurred.  An effort will be made to agree on appropriate action where warranted.

C.Within five working days of a formal meeting, the Dean for Academic Initiatives (in the case of academic/classroom violations), or the Dean for Student Affairs (for all other violations) will either determine there was no violation of the Code of Conduct or take appropriate action and provide  notice to the student in electronic or written format.  Action can include, but is not limited to, oral or written reprimand and warning, appropriate educational or punitive sanctions determined by the Dean; removal from a course or courses with an “AW” grade; suspension or leave of absence; or permanent dismissal.

D.The following policy applies to the actions described:

 

i.Oral or written reprimand and warning:  no transcript record will be made but a letter will be kept on file.

ii.Appropriate education or punitive sanctions: i.e. Community service, fines, mandatory counseling etc.

iii.Administrative withdrawal: transcript will carry a record of “AW”; decision to impose an administrative withdrawal will be made by the Dean for Student Affairs or Dean for Academic Initiatives.  Any transcript notation will be in accordance with college transcript notation policy.

iv.Administrative Restriction:  student may be restricted from student activities or individual course enrollment for a period specified by the Dean for Academic Initiatives or Dean for Student Affairs; student must request approval for release of restriction; transcript will carry no record of restriction.

v.Removal:  student may not attend classes for a period specified by the Dean for Academic Initiatives or Dean for Student Affairs; student must request approval for resumption of schedule and is not exempt from any course work requirements; grades of “AW” or “F” may be assigned.  Any transcript notation will be in accordance with college transcript notation policy.

vi.Suspension:  student may be suspended for a period up to two years.  Suspension can include, but is not limited to, suspension from class, activities, and campus as a whole.  During suspension from class or campus grades of “AW” or “F” will be determined by the Dean for Student Affairs or Dean for Academic Initiatives and instructors; student must request permission of the Dean imposing the sanction to re-enroll; the Dean may set terms for re-enrollment.  Any transcript notation will be in accordance with college transcript notation policy.

vii.Dismissal:  student is permanently dismissed from the College and may not re-enroll; grades for the semester in which the action took place may be “AW” or “F”; student may not receive a degree or certificate from SUNY Adirondack. Any transcript notation will be in accordance with college transcript notation policy.

viii.Transcript Notation: When Code of Conduct violations involve incidents of violence that meet the reporting requirements for the Clery Act (including but not limited to domestic violence, dating violence, sexual assault and stalking), the College will make a notation on the transcript if a student is suspended or dismissed from the College after a finding of responsibility, as well as to any student who withdraws from the institution with such conduct charges pending. The full Transcript Notation Policy can be found at: http://catalog.sunyacc.edu/content/transcript-notation-policy.

 

E.Action taken by the Dean for Student Affairs or Dean for Academic Initiatives shall constitute a final resolution of the case unless the student submits a request for a hearing, in writing, within ten working days of the date of the action taken.

F.If the student so requests, an appointment will be made to appear before the Student Disciplinary Review Board for a hearing.  Within ten working days of his/her request for a hearing, the student shall receive a response stating the date and time of the hearing.  If the decision of the Dean is to suspend, withdraw, remove or dismiss a student they will be required to remain off campus until a hearing is scheduled for decisions based on reasons relating to the safety and well-being of others.

 

Student Disciplinary Review Board (“Review Board”)

 

A.The Review Board shall consist of three students, three full-time faculty members, and the Vice-President for Academic Affairs or his/her designee (in the case of academic violations)  or the Vice President for Enrollment and Student Affairs (for all other violations) or his/her designee.  The chairperson of the Review Board will be the Vice-President or the designee.  The Dean bringing forth the appeal will attend hearings as a non-voting member.  Action of the Review Board shall be determined by a simple majority vote and the board shall follow the latest edition of Robert’s Rules of Order.

B.The Review Board will be impartial, and no member will be either a witness against the student or a person previously involved in formulating the charge.

 

Procedure for Hearing before the Review Board

 

A.The Chairperson of the Review Board shall preside at the hearing.  The hearing does not follow trial court procedure.

 

B.The student has the following rights:

1.to present his/her side of the story.

2.to present relevant witnesses and evidence on his/her behalf.  Character references shall not be heard.

3.to examine witnesses and evidence against the student.

4.to remain silent without assumption of guilt.

 

C.The Review Board shall examine all relevant facts and circumstances without regard to the technical rules of evidence. 

D.A transcript will be kept to enable review of the proceedings.  This will be kept by the Office of the Vice-President chairing the hearing. 

E.The student shall be allowed to appear with a campus advocate of his/her choice if they choose.   The advocate will be a member of the College’s faculty or staff, and is not permitted to speak (except to the student) during the hearing. 

F.If the student does not appear, the action determined by the Dean bringing forth the charges shall be implemented. 

G.The student will have a full opportunity to question witnesses who appear against him/her at the hearing.    During the hearing the student will have the opportunity to make statements in response to written statements submitted against him/her.

H.The student shall have the right to summon witnesses to support his/her position, but such witnesses may be interviewed in advance of the hearing by the Dean for Student Affairs and/or the Chairperson of the Review Board. 

I.The decision of the Review Board concerning the current sanction shall be in electronic or written format writing and submitted to the student within ten days of the hearing.  It shall be based solely on evidence given in the hearing and shall constitute a decision which will be final unless the action is suspension or dismissal and an appeal is made by the student under Section VI of these provisions.

 

Appeal to the President of the College

 

A.In those cases where a determination is made for suspension or dismissal of the student from the college, the student may make an appeal to the President. The student shall remain suspended until a final decision is made by the President.

B.The appeal to the President shall be made in writing within 10 days of receiving the written determination from the Review Board.  This letter shall set forth the reasons why, in the opinion of the student, the determination of the Review Board should not be carried out and specifically setting forth the grounds for such appeal.

C.Transcript of the Review Board hearing shall be made available to the President.

D.Following submission of a written appeal and at the request of the student, a meeting to discuss circumstances of suspension or dismissal may be scheduled with the President and appropriate administrators.

E.The President of the College, after receipt of such appeal, shall make a final adjudication and determination in the matter.  The student, the appropriate Dean, and the Review Board shall be notified of the final decision in electronic or written format within fifteen working days from the date the written appeal is submitted.

 

Extensions

  All deadlines and time requirements in the Code may be extended for good cause as determined by the Dean for Student Affairs. Both the respondent and complainant will be notified in writing of the delay, the reason for the delay, and provided the date of the new deadline or event. Extensions requested by one party will not be longer than five (5) business days.

Burden of Proof

  The burden of proof in all alleged Code of Conduct violations (including domestic violence, dating violence, sexual assault and stalking) is “the preponderance of the evidence”—whether it is “more likely than not” that the violation occurred. If the evidence presented meets this standard, then the respondent will be found responsible. 

 

Disciplinary Procedures Specific to Cases of Alleged Domestic Violence, Dating Violence, Sexual Assault, Sexual Harassment and Stalking

In addition to those policies listed above, the following disciplinary procedures will apply in all cases where incidents of domestic violence, dating violence, sexual assault, sexual harassment or stalking are reported.  Reported incidents of domestic violence, dating violence, sexual assault, sexual harassment and stalking will be investigated and adjudicated in a prompt, fair, and transparent manner consistent with SUNY Adirondack’s Code of Conduct policies.

 

Time Frames for Case Review Process

 

  1. SUNY Adirondack will conduct a timely review of all reports of domestic violence, dating violence, sexual assault and stalking. Absent extenuating circumstances, review and resolution are expected to take place within sixty (60) calendar days of receiving a report.
  2. If a student engages the Campus Conduct Process, any outcomes and/or sanctions related to the reported incident are typically issued within five (5) business days of a formal hearing.
  3. An appeal of the outcomes and/or sanctions by either party must be submitted to the Dean for Student Affairs in writing within seven (7) business days of receiving notification of the outcomes. Appeals are heard by the Student Disciplinary Review Board (see Sections IV-V) and, absent extenuating circumstances, decisions on appeals are typically issued within ten (10) business days of a hearing before the Board.

 

Evidence

 

  1. Reported incidents of domestic violence, dating violence, sexual assault, sexual harassment or stalking will be investigated by campus personnel who receive annual training on such issues, including the Title IX Coordinator, Public Safety Officials, the Dean for Student Affairs, and the Director of Human Resources.
  2. Evidence presented by the reporting individual(s) and the accused person(s) for any hearing on domestic violence, dating violence, sexual assault, sexual harassment or stalking must be submitted to the Dean for Student Affairs at least two (2) business days in advance of the scheduled hearing so the opposing party may have adequate time to review said evidence.
  3. The Dean for Student Affairs or their designee hearing the case may exclude evidence that has not been shared or adjourn the hearing to afford all parties the opportunity to review any evidence to be presented during the hearing.
  4. The Dean for Student Affairs or their designee hearing the case will make the final decision regarding admissibility of all evidence.

 

Parties’ Right to Advisors in Cases Involving Domestic Violence, Dating Violence, Sexual Assault, Sexual Harassment or Stalking

 

  1. Both the reporting individual and the accused person may be accompanied by an advisor of their choice who may assist and advise them through the conduct process and any related hearings or meetings.
  2. Advisors may speak with their respective advisees during hearings and/or meetings, and advisees may request a brief recess from the hearing to consult with their advisor. However, advisors may not participate in the hearing or meeting process, i.e. by asking questions directly of College officials, attempting to present evidence, or speaking on behalf of their advisee.
  3. Any advisor who does not abide these instructions will be asked to leave at the discretion of the Dean for Student Affairs.

 

Notification of Findings

 

In cases of sexual misconduct, including violations involving domestic violence, dating violence, sexual assault, sexual harassment and stalking, both the reporting individual and the accused person will receive simultaneous written notice of results within five (5) business days of a formal hearing. The notice will include:

  1. Finding of responsibility;
  2. What sanctions (if any) have been imposed;
  3. Rationale for the result and the sanctions;
  4. Notice of the College’s appeal process;
  5. When the results become final; and
  6. Any changes that may occur to the results before that time.

 

Protective Accommodations

 

The College is committed to ensuring the safety and well-being of reporting individuals. Following an allegation of sexual misconduct, including but not limited to domestic violence, dating violence, sexual assault or stalking, a student may request certain protective accommodations and interim safety measures. The College will work with students to meet individual requests with appropriate and reasonable accommodations as available. Possible requests include:

  1. Change in academic schedule;
  2. Access to academic support such as tutoring services;
  3. The ability to withdraw from or retake a class without penalty;
  4. Relocation of assigned campus residence;
  5. Change in transportation and/or work schedules;
  6. Scheduled time for use of public facilities (Fitness Center, Dining Hall, etc.).

 

While we will work to mitigate the impact of these measures on both parties, it is our obligation to minimize the burden placed on the reporting individual and the College will therefore endeavor to the extent practicable to change the schedule or accommodations of the accused person prior to changing the accommodations of the reporting individual.

Interim Measures

 

In situations where it is necessary, the College will take immediate steps to protect reporting individuals pending the final outcome of an investigation and/or hearing. These steps include the accommodations listed above, as well as issuing No Contact Orders, temporary suspension from the College and/or Residence Hall, and denied access to the campus. Please refer to the Code of Conduct for disciplinary procedures related to acts of sexual misconduct, especially those specific to reports of domestic violence, dating violence, sexual assault and stalking. Interim measures may be deemed permanent by the Dean for Student Affairs following a formal hearing and a finding of responsibility. 

Both the accused/respondent and reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of any interim measure and accommodation that directly affects him or her; parties may submit evidence in support of their request. While reporting individuals may request accommodations through any of the offices referenced in this policy, the Title IX Coordinator can serve as a point to assist with these measures: Tressie LaFay, 518-743-2319, lafayt@sunyacc.edu, or Scoville Learning Center Suite 316.

 

Possible Sanctions for a Finding of Responsibility in Cases Involving Domestic Violence, Dating Violence, Sexual Assault, Sexual Harassment and Stalking

 

SUNY Adirondack considers domestic violence, dating violence, sexual assault, sexual harassment and stalking to be extremely serious violations of our Code of Conduct. In cases where an accused individual is found responsible, s/he may be subject to suspension or dismissal from the College.

Per New York State legislation (129-B), when Code of Conduct violations involve incidents of violence that meet the reporting requirements for the Clery Act (including but not limited to domestic violence, dating violence, sexual assault and stalking), a transcript notation will be issued to any student suspended or dismissed from the College after a finding of responsibility, as well as to any student who withdraws from the institution with such conduct charges pending. The full Transcript Notation Policy can be found at: http://catalog.sunyacc.edu/content/transcript-notation-policy.

Retaliation

 

  1. No member of the SUNY Adirondack community may retaliate against, intimidate, threaten, coerce or otherwise discriminate against persons involved in a sexual misconduct investigation and/or disciplinary proceeding, including the reporting individual, the accused person, and/or any witnesses.
  2. Both the reporting individual and the accused person have the right to choose whether to disclose or discuss the outcome of a conduct hearing. However, it should be noted that this does not allow students to unreasonably share private information in a manner intended to harm or embarrass anther individual, or in a manner that would recklessly do so regardless of intention. Such sharing may be retaliation, which can result in separate charges under the Code of Conduct.
  3. If you feel you have experienced retaliation related to an incident of sexual misconduct, please contact the campus Title IX Coordinator, Tressie LaFay (518-743-2319, lafayt@sunyacc.edu, Scoville Learning Center Suite 316).

 

 Policy for Alcohol and/or Drug Amnesty in Cases of Sexual and Interpersonal Violence

 

The health and safety of every student at the State University of New York and its state-operated and community colleges is of utmost importance. SUNY Adirondack recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that an incident of 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 related to their conduct. SUNY Adirondack strongly encourages students to report any incidents of sexual or interpersonal violence to campus officials. A bystander or reporting individual (including but not limited to the victim of violence) acting in good faith that discloses any incident of sexual or interpersonal violence to SUNY Adirondack officials or local law enforcement will not be subject to SUNY Adirondack Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time that the violence was committed. 

Please note that this amnesty specifically covers SUNY Adirondack Code of Conduct actions of a disciplinary nature. It does not limit the College from seeking help for a student who is struggling with alcohol or drug addiction or who is otherwise in danger.

Additionally:

  1. This amnesty it is unrelated to off-campus adjudication such as criminal prosecution or arrest by law enforcement.
  2. This amnesty is available for alcohol and/or drug use by individuals. Dealers and distributors are not shielded from adjudication, nor are those who drug others without their knowledge.
  3. For those in a clinical or similar setting wherein external laws, policies, or accreditation requirements require removal or restrictions for those using drugs or alcohol, this policy does not specifically limit those actions.

Policy on Sexual Misconduct

SUNY Adirondack strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking

SUNY Adirondack encourages the reporting of sexual misconduct that is prompt and accurate.  This allows the college/university community to quickly respond to allegations and offer immediate support to the victim.  SUNY Adirondack is committed to protecting the confidentiality of victims, and will work closely with students who wish to obtain confidential assistance regarding an incident of sexual misconduct.  All allegations will be investigated promptly and thoroughly, and both the victim and the accused will be afforded equitable rights during the investigative process.

This policy applies to all members of the SUNY Adirondack community, including students, faculty, staff, visitors, independent contractors, and other third parties who are on campus and involved in an incident of sexual misconduct

This policy prohibits all forms of sexual misconduct.  This broad term includes, but is not limited to, acts of sexual harassment, sexual violence, sexual coercion, sexual threats or intimidation, domestic violence, dating violence, sexual assault, stalking, and cyber-stalking. 

Sexual Violence Response Policy

In accordance with the Students’ Bill of Rights, reporting individuals (including but not limited to the victim) shall have the right to pursue one of the options below, more than one of the options below at the same time, or choose not to participate in any of the options below.

I. Reporting

  • Disclose confidentially the incident to one of the following college officials, who by law maintain confidentiality, and can assist in obtaining services (more information on confidential reporting is available in the Options for Confidentially Disclosing Sexual Violence section of this policy):
    • Holly Irion-Sweet, Licensed Mental Health Counselor (518-681-5620; irionh@sunyacc.edu; Residence Hall 161)
    • Beth Braxton, Licensed Mental Health Counselor (518-743-2249; braxtone@sunyacc.edu; 147 Warren Hall)
  • Disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html.

Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: http://www.opdv.ny.gov/help/index.html or by calling 1-800-942-6906.

Assistance can also be obtained through:

  • Disclose the incident to one of the following college officials who can offer privacy and can provide information about remedies, accommodations, evidence preservation, and how to obtain resources.
  • These officials will also provide the information contained in the Students’ Bill of Rights, including the right to choose when and where to report, the right to be protected by the College from retaliation, and to receive assistance and resources from the College.
  • These individuals will disclose that they are private and not confidential resources; they will nevertheless protect a reporting individual’s privacy to the very best of their ability. They may still be required by law and college policy to inform one or more college officials about the incident, including but not limited to the Title IX Coordinator.
  • They will notify reporting individuals that the criminal justice process uses different standards of proof and evidence than internal procedures, and questions about the penal law or the criminal process should be directed to law enforcement officials (Warren County Sheriff’s Office: 518-743-2500; Saratoga County Sheriff’s Office: 518-885-6761).
    • Title IX Coordinator: Tressie LaFay, 518-743-2319, lafayt@sunyacc.edu, or Scoville Learning Center Suite 316;
    • Campus Public Safety, 518-743-7233, Residence Hall 164-166, available 24 hours a day.
  • File a criminal complaint with SUNY Adirondack Public Safety and/or with local law enforcement and/or state police:
  • Campus Public Safety: 518-743-7233, Residence Hall 164-166, available 24 hours a day;
  • Warren County Sheriff’s Office: 518-743-2500, 1400 State Route 9, Lake George, NY 12845;
  • Saratoga County Sheriff’s Office: 518-885-6761, 6010 County Farm Road, Ballston Spa, NY 12020; and/or
  • New York State Police 24-Hour Hotline to report sexual assault on a New York college campus: 1-844-845-7269.
  • Receive assistance from the Title IX Coordinator and/or Director of Public Safety in initiating legal proceedings in family or civil court.
  • Tressie LaFay, 518-743-2319 (also lafayt@sunyacc.edu or Scoville Learning Center Suite 316).
  • Director of Human Resources: Mindy Wilson, 518-743-2252, wilsonm@sunyacc.edu, Warren Hall 114.
  • File a report of sexual assault, domestic violence, dating violence and/or stalking, and/or talk to the Title IX Coordinator for information and assistance. Reports will be investigated in accordance with SUNY Adirondack policy and the reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy. If a reporting individual wishes to keep his/her identity anonymous, he or she may call the Title IX Coordinator anonymously to discuss the situation and available options:
  • “You have the right to make a report to Campus Public Safety, local law enforcement, and/or state police; to choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College.”
  • When the accused is an employee, a reporting individual may also report the incident to the SUNY Adirondack Office of Human Resources or may request that one of the above referenced confidential or private employees assist in reporting to Human Resources. Disciplinary proceedings will be conducted in accordance with applicable collective bargaining agreements. When the accused is an employee of an affiliated entity or vendor of the College, college officials will, at the request of the reporting individual, assist in reporting to the appropriate office of the affiliated entity or vendor, and, if the response is not sufficient, assist in obtaining a persona non grata letter, subject to legal requirements and College policy.
  • You may withdraw your complaint or involvement from the SUNY Adirondack process at any time.
  • Every college shall ensure that, at a minimum, at the first instance of disclosure by a reporting individual to a college representative, the following information shall be presented to the individual:

II. Resources

  • To obtain effective intervention services:
    • Counseling Office: Student Services Wing of Warren Hall, 518-743-2278, www.sunyacc.edu/studentlife/services/counseling. Seeing a SUNY Adirondack counselor is always free of charge to students. Additionally, the Counseling Office can help you make arrangements to see an off-campus counselor free of charge for up to eight (8) sessions.
    • Sexual contact can transmit Sexually Transmitted Infections (STIs) and may result in pregnancy. Testing for STIs is available through Warren and Washington County Public Health and/or Rape Crisis Services free of charge (Saratoga County Wellspring also offers STI testing free of charge but you must be a Saratoga County resident). Students can receive Emergency Contraceptive from Planned Parenthood Glens Falls at a cost of $10.00 (518-792-0994); 135 Warren Street, Glens Falls, NY 12801). If the cost for Emergency Contraceptive could potentially be a financial burden for you, please contact Terry Lawrence in the Counseling Center (518-743-2247; lawrencet@sunyacc.edu; Warren Hall 162).
    • Washington County Sexual Trauma and Recovery Services (STARS) has a 24-hour hotline (1-800-225-7114) and specially trained counselors who will act as victim advocates and can assist victims in accessing these and other resources and services free of charge. (Hudson Falls Office: 421 Lower Main Street, Hudson Falls, NY 12839; Direct Line to Office: 518-747-8849)
    • Additional resources to assist victims:
      • Warren County Rape Crisis 24-Hour Hotline: 1-888-307-4086 (through the Warren County Victim Assistance Program at the Warren County Municipal Center, 1340 State Route 9, Lake George, NY 12845);
      • Warren County Victim Assistance Program: 518-761-6475 (Warren County Victim Assistance Program at the Warren County Municipal Center, 1340 State Route 9, Lake George, NY 12845)
      • Warren County Domestic Violence 24-Hour Hotline: 518-793-9496 (through the Warren County Victim Assistance Program at the Warren County Municipal Center, 1340 State Route 9, Lake George, NY 12845);
      • Warren County Public Health: 518-761-6580 (Warren County Public Health at the Warren County Municipal Center, 1340 State Route 9, Lake George, NY 12845)
      • Washington County Public Health: 518-746-2400 (Washington County Public Health, 415 Lower Main Street, Hudson Falls, NY 12839)
      • Saratoga County Wellspring Victim Services 24-hour Hotline: 518-584-8188
      • Saratoga County Wellspring: 518-583-0280 (Wellspring Services for Victims of Domestic Violence and Sexual Assault, 480 Broadway Lower Level, Saratoga Springs, NY 12866 [We are in the Collamer Building, which is directly next to City Hall (it’s an olive green colored, brick building). On the street level of the building you’ll see a green awning above the Just Plain Good store. Enter the door on the right directly under this awning and proceed down the stairs to the lower level. Our office will be directly in front of you.])
      • Saratoga County Public Health Sexually Transmitted Disease Clinic: 518-584-7460 ext. 8365 (Saratoga County Public Health STD Clinic, Saratoga Community Health Center, 24 Hamilton Street, Saratoga Springs, NY 12866. NOTE: Services are free of charge but you must be a Saratoga County resident to utilize this clinic; otherwise please see information for Warren County and Washington County Public Health Services)
      • Glens Falls Hospital SANE (Sexual Assault Nurse Examiner) in the Emergency Department at GFH: 518-926-300 (Glens Falls Hospital, 100 Park Street, Glens Falls, NY 12801; List of NYS SANE Services by County)
    • Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a “rape kit”) at a hospital. The Glens Falls Hospital SANE Program offers these exams. While there should be no charge for a sexual assault forensic exam, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services. In the event that you need to have a forensic exam, you should call Washington County STARS. Their specially trained counselors can attend the exam with you, act as your advocate, and assure that your insurance is not billed for the exam.
    • If you do not utilize the STARS services, you are encouraged to let hospital personnel know if you do not what your insurance policyholder to be notified about your access to these services. The New York State Office of Victim Services (OVS) may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found here: https://ovs.ny.gov/forensic-rape-examination-fre-direct-reimbursement-program, or by calling OVS at 1-800-247-8035. A list of OVS services can be found here: http://www.ovs.ny.gov/helpforvictims.html.
    • To best preserve evidence, victims/survivors should avoid showering, washing, changing clothes, combing hair, drinking, eating or doing anything to alter physical appearance until after a physical exam has been completed.

III. Protections and Accommodations

  • When the accused is a student, the College can issue a “No Contact Order,” consistent with college policy and procedure, meaning that for the accused to continue contacting the protected individual is a violation of college policy subject to additional conduct charges. If the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person. (If appropriate, the College may establish a schedule for parties seeking to use the same facilities without running afoul of the No Contact Order.) Both the accused/respondent and reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of a No Contact Order, including requests to modify the terms of or discontinue the Order. Parties may submit evidence in support of their request.
  • Assistance from SUNY Adirondack Public Safety and the Title IX Coordinator in initiating legal proceedings in family 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.
  • A copy of the Order of Protection or equivalent, and an opportunity to meet or speak with a college official who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s). To speak with a college official, please contact Rick Conine, Director of Public Safety (518-743-7791; coniner@sunyacc.edu; Warren Hall). Please have a copy of your Order of Protection for reference.
  • An explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and temporary suspension.
  • Assistance from SUNY Adirondack Public Safety in effecting an arrest when an individual violates an Order of Protection or, if outside New York State, an equivalent protective or restraining order within the jurisdiction of SUNY Adirondack Public Safety or, if outside of the jurisdiction of SUNY Adirondack Public Safety, 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 subject to temporary suspension pending the outcome of a conduct process. Both the accused/respondent and reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of a temporary suspension, including requests to modify the terms of or discontinue the suspension. Parties may submit evidence in support of their request.
  • When the accused is not a student but is a member of the college community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks and SUNY Adirondack policies and rules.
  • When the accused is not a member of the college community, to have assistance from SUNY Adirondack Public Safety or other college officials in obtaining a persona non grata letter, subject to legal requirements and College policy.
  • To obtain reasonable and available interim protective measures and accommodations 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. Both the accused/respondent and reporting individual may request a prompt review, reasonable under the circumstances and consistent with SUNY Adirondack policies and procedures, of the need for and terms of any interim measure and accommodation that directly affects him or her; parties may submit evidence in support of their request. While reporting individuals may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures:
    • Title IX Coordinator: Tressie LaFay, 518-743-2319, lafayt@sunyacc.edu, or Scoville Learning Center Suite 316.

IV. Student Conduct Process

  • To request that student conduct charges be filed against the accused. Conduct proceedings are governed by the procedures set forth in the SUNY Adirondack Student Handbook as well as federal and New York state law, including the due process provisions of the United States and New York State Constitutions.
  • Throughout conduct proceedings, the respondent and the reporting individual will have:
    • The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct. Per SUNY Adirondack’s Code of Conduct, advisors may speak with their respective advisees during hearings and/or meetings but may not participate in the hearing or meeting process, i.e. by asking questions directly of College officials or speaking on behalf of their advisee. The College reserves the right to ask any advisor to leave the hearing or meeting should they not abide by these rules.
    • The right to a prompt response to any complaint and to have their 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) and other issues related to sexual assault, domestic violence, dating violence and stalking.
    • The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest.
    • The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused individuals will also be told the factual allegations concerning the violation, a reference to the specific Code of Conduct provisions alleged to have been violated, and possible sanctions.
    • The right to have a conduct 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 10 days except when law enforcement specifically requests and justifies a longer delay.
    • The right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by SUNY Adirondack).
    • The right to present evidence and testimony at a hearing, where appropriate.
    • The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
    • The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in the college disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking or sexual assault may be admissible in the disciplinary stage that determines sanction.
    • The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
    • The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
    • The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding. For students found responsible for sexual assault*, the available sanctions are suspension with additional requirements and dismissal.
    • 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.
    • The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years.
      • These records will be kept in the office of the Dean for Student Affairs, 518-743-2277, Student Center 211.
    • The right to choose whether to disclose or discuss the outcome of a conduct hearing. However, it should be noted that this does not allow students to unreasonably share private information in a manner intended to harm or embarrass anther individual, or in a manner that would recklessly do so regardless of intention. Such sharing may be retaliation, which can result in separate charges under the Code of Conduct.
    • The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

*Sexual assault is defined to be a Code of Conduct violation consistent with the Federal definitions of rape, fondling, incest or statutory rape adopted by the Department of Education in Final Regulations (http://www.gpo.gov/fdsys/pkg/FR-2014-10-20/pdf/2014-24284.pdf, page 62789). Consent for these purposes is defined by these policies and the NYS legislation.

Affirmative Consent

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.

Additionally:

  • Consent to any sexual act or prior consensual activity between or with any party does not 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. When consent is withdrawn or can no longer be given, sexual activity must stop.
  • Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.
  • 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:
    • Lack of consciousness or being asleep;
    • Being involuntarily restrained;
    • If an individual has a disability that limits informed sexual decision-making;
    • If any of the parties are under the age of 17;
    • If an individual otherwise cannot consent; and
    • 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 can be given through words or actions. However, this is not to say that silence is the opposite of verbalization. The provision that, “Silence or lack of resistance, in and of itself, does not demonstrate consent,” makes clear that, if there is a charge of sexual activity without consent, it is not a defense that the other person was silent and didn’t say “No,” and so therefore they must have consented. Silence in and of itself is not proof of consent; not saying “No” is NOT the same thing as saying “Yes”.

Options for Confidentially Disclosing Sexual Violence

The State University of New York and SUNY Adirondack want you to get the information and support you need regardless of whether you want to move forward with a report of sexual violence to College officials or to police. You might want to talk with someone about something you observed, witnessed or experienced, even if you aren’t sure if the behavior constitutes sexual violence. A conversation where questions can be answered is far better than keeping something to yourself. Confidentiality varies, and this information is aimed at helping you understand how confidentiality applies to the different resources that are available to you.

In this Policy:

  1. Privileged and Confidential Resources
  2. Non-Professional Counselors and Advocates
  3. Privacy vs. Confidentiality
  4. Requesting Confidentiality: How the College Will Weigh the Request and Respond
  5. Public Awareness/Advocacy Events
  6. Anonymous Disclosure
  7. Institutional Crime Reporting

I. Privileged and Confidential Resources

Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances such as a health and/or safety emergency. At SUNY Adirondack, this includes:

  • SUNY Adirondack Counseling Center: Holly Irion-Sweet, Licensed Mental Health Counselor (518-681-5620; irionh@sunyacc.edu; Residence Hall 161); Beth Braxton, Licensed Mental Health Counselor (518-743-2249; braxtone@sunyacc.edu; 147 Warren Hall)

Off-campus (note that these outside options do not provide any information to the College) options to disclose sexual violence confidentially include:

  • Off-campus counselors and advocates: Crisis services offices will generally maintain confidentiality unless you request disclosure and sign a consent or waiver form. More information on an agency’s policies on confidentiality may be obtained directly from the agency.
    • Washington County Sexual Trauma and Recovery Services (STARS) 24-hour hotline: 1-800-225-7114
    • Warren County Rape Crisis 24-Hour Hotline: 1-888-307-4086
    • Warren County Domestic Violence 24-Hour Hotline: 518-793-9496
    • Saratoga County Wellspring Domestic Violence and Sexual Assault 24-Hour Hotline: 518-584-8188
  • Off-campus health care providers:
  • Glens Falls Hospital SANE (Sexual Assault Nurse Examiner) Program in the Emergency Department at GFH: 518-926-300
  • Warren County Public Health (for STI testing): 518-761-6580
  • Washington County Public Health (for STI testing): 518-746-2400
  • Saratoga County Public Health (STI testing for residents of Saratoga County: 518-584-7460 ext. 8365)
  • Note that medical office and insurance billing practices may reveal information to in the insurance policyholder, including medication and/or examinations paid for or administered. In the event that you need to have a forensic exam, you should call Washington County STARS (24-hour hotline: 1-800-225-7114 or Direct Office Line: 518-747-8849). Their specially trained counselors can attend the exam with you, act as your advocate, and assure that your insurance is not billed for the exam
  • If you do not utilize the STARS services, you are encouraged to let hospital personnel know if you do not what your insurance policyholder to be notified about your access to these services. The New York State Office of Victim Services (OVS) may be able to assist in compensating victims/survivors for health care and counseling services, including emergency compensation. More information may be found here: https://ovs.ny.gov/forensic-rape-examination-fre-direct-reimbursement-program, or by calling OVS at 1-800-247-8035. A list of OVS services can be found here: http://www.ovs.ny.gov/helpforvictims.html.
  • Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including the mandatory reporting of child abuse.

II. Non-Professional Counselors and Advocates

Non-Professional counselors (those who are not licensed mental health counselors) and advocates can also assist you without sharing information that could identify you. At SUNY Adirondack, this includes members of the Counseling Center (518-743-2278; bigelowd@sunyacc.edu to schedule an appointment; 117 Warren Hall). These individuals will report the nature, date, time and general location of an incident to SUNY Adirondack’s Title IX Coordinator, but will consult with you to ensure no personally identifying details are shared without your consent. These individuals are not considered confidential resources as discussed above.

III. Privacy vs. Confidentiality

SUNY Adirondack offices and employees that cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed to the Title IX Coordinator or designee (who is responsible for tracking patterns and spotting systemic issues), and will be used only as necessary to investigate and/or seek a resolution. SUNY Adirondack will limit the disclosure as much as possible, even if the Title IX Coordinator determines that a request for confidentiality cannot be honored due to unsafe or discriminatory circumstances.

IV. Requesting Confidentiality: How the College Will Weight the Request and Respond

If you disclose an incident to a SUNY Adirondack employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the Title IX Coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you.

We will assist you with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of your reporting choices. While reporting individuals may request accommodations through several college offices, the Title IX Coordinator (Tressie LaFay; 518-743-2319; lafayt@sunyacc.edu; Scoville Learning Center Suite 316) can serve as a primary point of contact to assist with these measures. We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed.

We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the College’s failure to act does not adequately mitigate the risk of harm to you or other members of the SUNY Adirondack community. Honoring your request for confidentiality may limit our ability to meaningfully investigate and pursue conduct action against an accused individual. If the College determines that we must move forward with an investigation, the reporting individual or victim/survivor will be notified and the College will take immediate action as necessary to protect and assist them.

When you disclose an incident to someone who is responsible for responding to and/or reporting sexual violence or sexual harassment but wish to maintain confidentiality, SUNY Adirondack will consider many factors to determine whether the College must proceed despite your request. These factors include, but are not limited to:

  • Whether the accused has a history of violent behavior or is a repeat offender;
  • Whether the incident represents escalation, such as a situation that previously involved sustained stalking;
  • The increased risk that the accused will commit additional acts of violence;
  • Whether the accused used a weapon or force;
  • Whether the reporting individual is a minor; and
  • Whether we possess other means to obtain evidence such as security footage; and
  • Whether the report reveals a pattern of perception at a given location or by a particular group.

V. Public Awareness/Advocacy Events

If you disclose a situation through a public awareness event such as “Take Back The Night,” candlelight vigils, protests, or other public event, the College is not obligated to begin an investigation. SUNY Adirondack may use the information you provide to inform additional education and prevention efforts.

VI. Anonymous Disclosure

  • If a reporting individual wishes to keep his/her identity anonymous, he or she may call the Title IX Coordinator anonymously to discuss the situation and available options: Tressie LaFay, 518-743-2319.
  • You may also call the New Your State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906. Note that the Hotline is for crisis intervention, resources, and referrals and is not a mechanism for reporting an incident.

VII. Institutional Crime Reporting

Reports of certain crimes occurring in certain geographic locations will be included in the SUNY Adirondack Clery Act Annual Security Report in an anonymized manner that neither identifies the specifics of the crime nor the identity of the reporting individual and/or victim/survivor. You may contact the campus Title IX Coordinator at any time with questions about this reporting (Tressie LaFay, 518-743-2319; lafayt@sunyacc.edu; or Scoville Learning Center Suite 316).

SUNY Adirondack is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees. (This is subject to exception when the warning could potentially compromise law enforcement efforts and/or when the warning itself could potentially identify the reporting individual and/or victim/survivor.) A reporting individual will never be identified in a timely warning.

The Family Educational Rights and Privacy Act (FERPA) allows the College the option to share information with parents when:

  • There is a health or safety emergency; or
  • When the student is a dependent on either parents’ prior year federal income tax return.

Generally, SUNY Adirondack will not share information about a report of sexual violence with parents without the permission of the reporting individual.

Student Onboarding and Ongoing Education

SUNY Adirondack believes that sexual violence prevention training and education cannot be accomplished via a single day or single method of training. To that end, SUNY Adirondack will continue to educate all new and current students using a variety of best practices aimed at educating the entire college community in a way that decreases violence and maintains a culture where sexual assault and acts of violence are not tolerated.

All new first-year and transfer students receive training on the following topics:

  • SUNY Adirondack prohibits sexual harassment, including: sexual violence, domestic violence, dating violence, stalking, or other violence or threats of violence. The College will offer resources to any victims/survivors of such violence while taking administrative and conduct action regarding any accused individual within the jurisdiction of the institution;
  • Relevant definitions, including but not limited to the definitions of sexual violence and consent;
  • These policies apply equally to all students regardless of sexual orientation, gender identity, or gender expression;
  • The role of the Title IX Coordinator, Campus Public Safety, and other relevant offices that address violence prevention and response;
  • Awareness of violence, its impact on victims/survivors and their friends and family, and its long term impact;
  • The Students’ Bill of Rights and the Sexual Violence Response Policy, including:
    • How to report sexual violence and other crimes confidentially, and/or to College officials, campus public safety, and local law enforcement; and
    • How to obtain services and support;
  • Bystander intervention and the importance of taking action, when one can safely do so, to prevent violence;
  • The protections of the Policy for Alcohol and/or Drug Use Amnesty in sexual and interpersonal violence cases;
  • Risk assessment and reduction, including but not limited to steps that potential victims/survivors and potential assailants and bystanders to violence can take to lower the incidence of sexual violence; and
  • Consequences and sanctions for individuals who commit these crimes.

SUNY Adirondack requires that student leaders and officers of registered/recognized student organizations, as well as those seeking recognition, complete training on domestic violence, dating violence, sexual assault or stalking prevention as part of the approval process.  Additionally, SUNY Adirondack requires student-athletes to complete training in domestic violence, dating violence, sexual assault or stalking prior to participating in intercollegiate athletics.

For information about upcoming events regarding sexual violence prevention and awareness, please visit the Student Activities homepage.

 SEX OFFENDER REGISTRATION

In Accordance with the "campus Sex Crimes Prevention Act" of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, The Jeanne Clery Act and Family Educational Rights and Privacy Act of 1974, the Office of Public Safety  of SUNY Adirondack is providing a Link to the New York State Sex Offender Registry. This act requires institutions of higher education to issue a statement advising the campus community where law enforcement information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice to each institution of higher education in that State at which the person is employed, carries a vocation, or is a student. In the State of New York, convicted sex offenders must register with the New York State Department of Criminal Justice Services.

The Sex Offender Registry is available via Internet. Registry information is provided is to be used for the purposes of the administration of criminal justice, screening of current or prospective employees, volunteers or otherwise for the protection of the public in general and children in particular. Unlawful use of information for purposes of intimidating or harassing another is prohibited and willful violation shall be punishable as a Class 1 misdemeanor.

Follow the link below to access the Registry web site.

http://criminaljustice.state.ny.us/nsor/

 

SEXUAL ASSAULT AND DOMESTIC VIOLENCE LAWS

Sexual assault is nonconsensual physical contact of a sexual nature. Sexual assault of others is prohibited by campus regulation and by New York State penal law. New York State Law contains the following legal provisions defining the crimes related to sexual assault:

Section 130.20 – Sexual Misconduct. This offense includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section could result in imprisonment for a period of up to 1 year.

Section 130.25/.30/.35 – Rape. This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to being mentally disabled, mentally incapacitated, or physically helpless. This series of offenses further includes sexual intercourse with a person under the age of consent. The penalties for violation of these sections could result in imprisonment for a period of up to 25 years.

Section 130.40/.45/.50 – Criminal Sexual Act. This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to being mentally disabled, mentally incapacitated, or physically helpless. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for violation of these sections could result in imprisonment for a period of up to 25 years.

Section 130.52 – Forcible Touching. This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts. The penalty for violation of this section could result in imprisonment for a period of up to 1 year.

Section 130.55/.60/.65 – Sexual Abuse. This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due being physically helpless, or due to the person being under the age of consent. The penalties for violation of these sections could result in imprisonment for a period of up to 7 years.

Section 130.65-a/.66/.67/.70 – Aggravated Sexual Abuse. This series of offenses occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being mentally disabled, mentally incapacitated, or physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for the violation of these sections could result in imprisonment for a period of up to 25 years.

Section 130.90– Facilitating a sex offense with a controlled substance. This offense includes knowingly and unlawfully possessing a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance to another person without such person’s consent. The penalties for the violation of this section could result in imprisonment for a period of up to 7 years.

Section 120.45 – Stalking.  This offense includes intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted.  The penalties for the violation of this section could result in imprisonment for a period of up to 7 years.

MISSING STUDENT

Situations involving missing students have the potential to become very complex, involving multiple agencies, occasionally having tragic endings.  SUNY Adirondack College is required by the Higher Education Act amended August 14, 2008, to establish protocol for students living in campus housing.  The purpose of this policy is to provide guidelines for Campus Public Safety Department personnel responding to such incidents. Though outside resources can be requested to respond, the initial response burden will fall upon the Campus Public Safety Officers.

Policy

A.A student will be considered missing, if the college receives a report that the student has not been seen in a reasonable amount of time.  A reasonable amount of time may vary with the time of day and information available regarding the missing person’s daily schedule, habits, punctuality, and reliability.  A reasonable amount of time will not exceed 24 hours.  Individuals will also be considered missing immediately, if their absence has occurred under circumstances that are suspicious or cause concerns for their safety. 

 

  1. The Warren County Sheriff’s Office is responsible for investigating reports of missing person(s). The Public Safety Office may assist the Sheriff’s Office by providing it with information on the missing person(s).

 

  1. This policy pertains to all current students of SUNY Adirondack living in the Residence Hall.

 

Definitions

 

  1. Missing Person – An individual whose whereabouts are unknown to the                                                      reporting party.  A reporting party may be a:

                                1.             parent

                                2.             guardian

                                3.             roommate

                                4.             employer/employee

5.             person who should reasonably know the missing person’s                                                                                     whereabouts

 

  1. Missing Person’s “At Risk” – Those who fall into any one of the following categories:

                                1.             victims of foul play

                                2.             persons who need medical attention

                                3.             persons physically or mentally impaired and unable to care for themselves

                                4.             victims of abduction

 

 

Notifications

 

  1. A reporting party may contact one of the following offices to report a person missing:
    1. Campus Public Safety  (518) 796-1344
    2. Residence Life  (518) 832-7785
    3. Dean of Student Affairs  (518) 832 7708

 

  1. The Office of Public Safety shall be notified immediately.  The Public Safety Officer receiving the report call must first try and determine the risk status. Persons found to be “At Risk” will require an immediate response and investigation by the local police. The Public Safety Officer will take all information from the caller to include a description of the student, the last time he/she was seen, and the type/color of clothing worn.  The Officer will provide this information to Law Enforcement, contact the Assistant Director of Public Safety and/or Director of Facilities and begin an Incident Report. 

 

  1. If the missing student is found not to be “At Risk,” a Public Safety                 Officer will take all information from the caller to include a description of the student, the last time he/she was seen, the type/color of clothing worn, complete an Incident Report and notify the Assistant Director of Public Safety and/or Director of Facilities for further instruction.

 

  1. Upon receiving notification of a student missing who resides on campus, the Public Safety Officer will:

 

  1. Respond to the missing student’s room, knock and attempt to make contact with the student.  If no answer, using the master key, unlock the door while announcing “Public Safety is there anyone here”?  No entry will be made to the student’s room/apartment without at least one of the                following present: a Resident Assistant, or Resident Director, another officer or another student.  If the room/apartment is empty, note the date and time of entry and who was present at that time for recording later in the Incident Report.

 

  1. Talk to the neighbors next to and across from the missing student’s room, to determine when was the last time they saw the missing student or heard her/him in the room.

 

  1. Attempt to locate the student via telephone, Twitter, Facebook, social media or other means of electronic communications.

 

  1. If the above actions are unsuccessful in locating the student within twenty four hours of the report or it is apparent immediately that the student is a missing person (e.g., witnessed abduction), the Assistant Director of Public Safety and/or Director of Facilities will contact the Warren County Sheriff’s Office to report the student as a missing person and the local law enforcement agency will take over the investigation.

 

  1. Notification to Key Campus Personnel – Upon receiving notification of a student missing, Campus Public Safety will make notification by phone, campus email or in person to the following key personnel on this Campus:

                               

  1. President
  2. Dean of Student Services
  3. Vice Presidents

 

  1. No later than 24 hours after determining that a residential student is missing, the Dean of Student Services, or her designee, will notify the emergency contact (for students 18 and older) or the parent/guardian (for students under the age of 18) that the student is believed to be missing. 

 

  1. In all cases of a missing student, the law enforcement agency conducting the investigation will provide information to the media that is designed to obtain public assistance in the search for any missing student. The Director of Marketing & Communications, or his designee, is available to provide consultation on communication with the investigating law enforcement agency. Any media requests to the college will be directed to the Director of Marketing & Communications.

 

Emergency Contact Information

 

Confidential Contact Person Information is on file in Residence Hall office.

 

  1. All students have the option to identify one or more confidential contact persons who will be notified within 24 hours in the event that a determination is made by the SUNY Adirondack Office of Public Safety that the student is missing.  Students can register their confidential contact information administrative office of the Residence Hall. Only authorized campus officials and law enforcement officers in furtherance of a missing person investigation may have access to this information.

 

  1. Students under the age of 18 who are not emancipated, who are determined to be missing pursuant to the procedures set forth above, the college is required to notify a custodial parent or guardian no more than 24 hours after the student is determined to be missing in accordance with the procedures set forth above.

 

  1. In the event a student is reported missing, college personnel will attempt to contact his/her confidential contact or emergency designee no more than 24 hours after the time that the student is determined to be missing in accordance with the procedures set forth above. A confidential contact or   emergency contact designee will remain in effect until changed or revoked by the student.

 

Commuting Student

 

If a commuter student is believed missing, the reporting person should immediately notify local law enforcement authorities (Warren, Washington, and Saratoga County Sheriff’s, as well as the State police). The campus safety office will assist outside agencies with these investigations as requested.
 

 DRUG-FREE CAMPUS POLICY
(Alcohol and Controlled Substances)

Statement of Purpose

SUNY Adirondack has a vital interest in insuring safe, healthful, and efficient conditions for all students, faculty, and staff and in helping each to become optimally contributing members of society. In addition, as a federal contractor (or grantee), it has a duty to safely and efficiently provide the public with quality education. The unlawful presence of controlled substances on the campus conflicts with these vital interests and constitutes a violation of the public trust. For these reasons, the College has established, as a condition of one's enrollment/employment and continued enrollment/employment, the following drug-free campus policy.

Prohibition against Unlawful Presence of Illicit Drugs and Alcohol On-Campus

The possession, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws. Such laws are strictly enforced by the SUNY Adirondack Office of Public Safety. Violators are subject to College disciplinary action, criminal prosecution, fine and imprisonment. It is unlawful to sell, furnish or provide alcohol to a person under the age of 21. The possession of alcohol by anyone less than 21 years of age in a public place or a place open to the public is illegal. It is also a violation of the SUNY Adirondack Alcohol Policy for anyone to consume, possess, or be in the presence of alcohol in any public or private area of campus without prior College approval.  Individuals, organizations or groups violating alcohol/substance policies or laws may be subject to sanctions

College Sanctions for Violation of Drug-Free Campus Policy

Any student/employee who violates the foregoing drug-free campus policy shall, subject to provisions of the College's Code of Conduct found in the Student Handbook or applicable employee contracts, be subject to disciplinary procedures consistent with applicable laws, rules and regulations. These sanctions may include expulsion, termination of on-campus employment, referral for prosecution, or participation in an approved drug or alcohol assistance program.

Health Risks Associated with Illicit Drug and Alcohol

In order to be informed citizens, we all need to be aware of the health risks associated with the use of illicit drugs and alcohol abuse. The following is a brief summary of some of the health hazards caused by the use of:

Alcohol Consumption

When you consume too much alcohol too fast, it acts as a poison. Sometimes if you drink too much, you pass out. This is your body’s way of protecting itself from absorbing any more alcohol. However, when you drink a lot really fast, you may not pass out in time, and instead can actually go into a coma and die. Alcohol poisoning is tragically common on campuses and is often associated with drinking games or buying shots or shooters for someone at a party.

Symptoms of alcohol poisoning include the following. If a person has any of these symptoms, they are likely suffering from alcohol poisoning. It is important for them to receive medical attention.

  • Unconsciousness or “sleeping”; the person cannot be wakened.
  • Cold, clammy, pale or bluish skin.
  • Slow breathing, less than 8 times per minute, or irregular breathing, with 10 seconds or more between breaths.
  • Vomiting while “sleeping” or passed out, and not waking up after vomiting.

What to do:

  • Call 9-1-1 and then Public Safety (518) 743 SAFE (7233).
  • Roll the person onto their side to prevent them from choking.
  • Do not leave the person alone. Stay with them and monitor breathing until medical help arrives.

Controlled Substances

There is overwhelming evidence that illegal drug use leads to academic failure, failure to get a job, failure to keep a job and maintenance of good health, as well as creating other problems.

While alcohol remains the primary drug of choice among college students. Some of the more common date rape drugs are Special K (the street name for ketamine hydrochloride);

Rohyponol (roofies, roopies, circles, the forget pills); and GHB (Grievous Bodily Harm), Liquid X, Liquid E, Liquid Ecstasy, Easy Lay, G, Vita G, G-juice, Georgia Home boy,

Great Hormones, Somatomax, Bedtime Scoop, Soap, Gook Gamma 10, and Energy Drink). Molly is slang for “molecular” and refers to the pure crystalline powder form of MDMA also known as ecstasy. 

Assistance in Matters Related to Drug and Alcohol Abuse

SUNY Adirondack has a commitment to help students succeed academically, vocationally and socially. We can assist you with drug or alcohol related problems or can refer you to someone who can. Please see your advisor, a counselor or the Dean for Student Affairs if you wish to discuss a problem with drugs or alcohol. We can help you find assistance off-campus through individuals or agencies. Also, to help in maintaining an environment that does not permit the possession or use of illicit drugs and alcohol, SUNY Adirondack has established an awareness program to provide education for students, faculty and staff regarding the following aspects of the use of illicit drugs and alcohol: standards of conduct, disciplinary sanctions by the College, health risks, legal sanctions by local, state and federal laws and rehabilitation, counseling and re-entry. Such education may include (1) inclusion of this statement in the Student Handbook; (2) video tape and print materials made available to students in class, the Student Center and the Counseling Offices; (3) the distribution of lists of those agencies and individuals who can assist students in coping with drug and alcohol abuse problems.

This policy and program will be reviewed at least biennially by a representative committee of students and staff selected and chaired by the Dean for Student Affairs. The committee's purpose will be to determine the program's effectiveness and ensure that disciplinary sanctions are consistently enforced.

Legal Sanctions Imposed for Illicit Drug and Alcohol Abuse

 NYS Alcoholic Beverage Control (ABC) Law: Article 5 – Special Provisions Relating to Liquor and

NYS Vehicle and Traffic (VAT) Law: Article 31 – Alcohol & Drug-related Offenses & Procedures

(from New York State Legislature web site: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS)

 

NYS ABC Law

Special Provisions Relating to Liquor

Specifics

Sentence

§ 65-a. Procuring alcoholic beverages for persons under the age of 21 years

Any person who misrepresents the age of a person under the age of 21 years for inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person.

A fine of not more than $200, or imprisonment up to five days, or both.

§ 65-b. Offense for one under age of 21years to purchase or attempt to purchase an alcoholic beverage through fraudulent means.

No person under the age of 21 years shall present or offer to any licensee, or to the agent or employee of such licensee, any written evidence of age, which is false, fraudulent, or not actually his own, for the purpose of purchasing or attempting to purchase any alcoholic beverage.

1st violation: a fine of not more than $100 and/or up to 30 hours of community service. Also may order completion of an alcohol awareness program.

 

2nd violation: a fine of $50 to $350 and/or up to 60 hours of community service.  Also shall order completion of an alcohol awareness program if not previously completed.

 

3rd and subsequent violations: a fine of $50 to $750 and/or up to 90 hours of community service, shall order evaluation by an appropriate agency to determine whether the person suffers from the disease of alcoholism or alcohol abuse. Payment for such evaluation shall be made by such person. If person elects to participate in recommended treatment,  the court shall order that  payment of such fine and community service be suspended pending the  completion of such treatment.

 

In addition to these penalties, the court may suspend such person's license to drive a motor vehicle and the privilege of an unlicensed person of obtaining such license: 1st violation: a three month suspension; 2nd violation: a six month suspension; 3rd or subsequent violation: a one year suspension or until the holder reaches the age of 21, whichever is the greater period.

§ 65-c. Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of 21 years.

No person under the age of 21 years shall possess any alcoholic beverage with the intent to consume such beverage.

A fine up to $50 and/or completion of an alcohol awareness program and/or up to 30 hours of community service.

 

 

 

NYS VAT Law

Alcohol & Drug-related Offenses

Specifics

Sentence

 

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs.

1. Driving while ability impaired: No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.

A fine of $300 to $500 or imprisonment in a penitentiary or county jail for up to 15 days, or both.

 

If convicted of a violation of §1192 within the preceding 5 years: a fine of $500 to $750 or imprisonment up to 30 days, or both.

 

If convicted 2 or more times of a violation of §1192 within the preceding 10 years, misdemeanor: a fine of $750 to $1,500 or imprisonment of up to 180 days, or both.

 

See also additional penalties and license sanctions.

 

2. Driving while intoxicated; per se: No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person’s blood, breath, urine or saliva.

Misdemeanor: a fine of $500 to $1,000 imprisonment in a penitentiary or county jail for up to one year, or both.

Installation of an ignition interlock device in any motor vehicle owned or operated by such person during the term of probation or conditional discharge, for a period of no less than 12 months.

 

Class E Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide within the preceding 10 years: a fine of $1,000 to $5,000 or a period of imprisonment as provided in the penal law, or both.

 

Class D Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide twice within the preceding 10 years or three or more times within the preceding 15 years: a fine of $2,000 to $10,000 or a period of imprisonment as provided in the penal law, or both.

 

See also additional penalties and license sanctions.

 

3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.

 

2-a. (a) Aggravated driving while intoxicated; per se: No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva.

Misdemeanor: a fine of $1,000 to $2,500 or imprisonment in a penitentiary or county jail for up to one year, or both.

 

2-a. (b) Aggravated driving while intoxicated; with a child: No person shall operate a motor vehicle in violation of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle.

Class E Felony: a fine of $1,000 to $5,000 or a period of imprisonment as provided in the penal law, or both.

 

4. Driving while ability impaired by drugs: No person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.

Misdemeanor: a fine of $500 to $1,000 imprisonment in a penitentiary or county jail for up to one year, or both.

Class E Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide within the preceding 10 years: a fine of $1,000 to $5,000 or a period of imprisonment as provided in the penal law, or both.

 

Class D Felony: A violation after having been convicted of a violation of subdivision 2, 2-a, 3, 4 or 4-a of §1192 or of vehicular assault in the second or first degree and aggravated vehicular assault or of vehicular manslaughter in the second or first degree and aggravated vehicular homicide twice within the preceding 10 years or three or more times within the preceding 15 years: a fine of $2,000 to $10,000 or a period of imprisonment as provided in the penal law, or both.

 

See also additional penalties and license sanctions.

4-a. Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

§ 1192-a. Operating a motor vehicle after having consumed alcohol;  under the age of 21; per se.

No person under the age of 21 shall operate a motor vehicle after having consumed alcohol (if  such  person  has .02 to .07 of one per centum by weight of alcohol in his/her blood,  as shown by  chemical  analysis of his/her blood, breath, urine or saliva).

See license sanctions.

 

For a violation of §1192, the court may require the defendant to attend a single session conducted by a victims impact program.

 

Additional penalties.

  1. A violation of subdivision 2 or 3 after having been convicted of a violation of subdivision 2 or 3 of such §1192 within the preceding 5 years: in addition to any other penalties, imprisonment of 5 days or be required to perform 30 days of service for a public or not-for-profit corporation, association, institution or agency, except when sentenced to a term of imprisonment of 5 days or more.

 

  1. A violation of subdivision 2 or 3 after having been convicted of a violation of subdivision 2 or 3 of such §1192 on two or more occasions within the preceding 5 years: in addition to any other penalties, imprisonment of 10 days or be required to perform 60 days of service for a public or not-for-profit corporation, association, institution or agency, except when sentenced to a term of imprisonment of 10 days or more.

 

  1. A court sentencing a person pursuant to (1) or (2) above shall (a) order the installation of an ignition interlock device… during any period of license revocation and (b) order that such person receive an assessment of the degree of their alcohol or substance abuse. Where such assessment indicates the need treatment, the court is authorized to impose treatment as a condition of such sentence.

 

License sanctions.

Suspensions:

 

  1. Driving while ability impaired: Ninety days, where the holder is convicted of a violation of subdivision one of  §1192;

 

  1. Persons under the age of 21; driving after having consumed alcohol:  Six months, where the holder has been found to have operated a motor vehicle after having consumed alcohol in violation of § 1192-a of an article where such person was under the age of 21 at the time of commission of such violation.

 

Revocations:

 

 A license shall be revoked and a registration may  be  revoked for the following minimum periods:

 

1.      Driving while ability impaired; prior offense: 6 months, where the holder is convicted of a violation of subdivision one of § 1192 committed within 5 years of a conviction for a violation of any subdivision of §1192.

 

2.      Driving while ability impaired; misdemeanor offense: 6 months, where the holder is convicted of a violation of subdivision one of §1192 committed within 10 years of two previous convictions for a violation of any subdivision of §1192.

 

3.      Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs; aggravated driving while intoxicated: 6 months, where the holder is convicted of a violation of subdivision two, three, four or four-a of §1192. One year where the holder is convicted of a violation of subdivision two-a of §1192.

 

4.      Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs; aggravated driving while intoxicated; prior offense: One year, where the holder is convicted of a violation of subdivision two, three, four or four-a of §1192 committed within 10 years of a conviction for a violation of subdivision two, three, four or four-a of §1192. 18 months, where the holder is convicted of a violation of subdivision two-a of §1192 committed within ten years of a conviction for a violation of subdivision two, two-a, three, four or four-a of §1192; or where the holder is convicted of a violation of subdivision two, three, four or four-a of §1192 committed within ten years of a conviction for a violation of subdivision two-a of §1192.

 

5.      Persons under the age of 21: One year, where the holder is convicted of or adjudicated a youthful offender for a violation  of  any  subdivision of §1192, or is convicted of or receives a youthful  offender or other juvenile adjudication for an offense consisting  of operating a motor vehicle under the influence of intoxicating liquor where the conviction, or youthful offender or other juvenile adjudication was had outside this state, and the person was under the age of 21 at the time of commission of such violation.

 

6.      Persons under the age of 21; prior offense or finding: One year or until the holder reaches the age of 21, whichever is the greater period of time, where the holder has been found to have operated a motor vehicle after having consumed alcohol in violation of §1192-a, or is convicted of, or adjudicated a youthful offender for, a violation of any subdivision of §1192, or is convicted of or  receives a youthful offender or juvenile adjudication for an offense consisting of operating a motor vehicle under the influence of  intoxicating liquor where the conviction, or youthful offender or other juvenile adjudication was had outside this state, when the person was under the age of 21 at the time of commission of such violation and has previously been found to have operated a motor vehicle after having consumed alcohol in violation of §1192-a, or has previously been convicted of, or adjudicated a youthful offender for, any violation of §1192 not arising out of the same incident, or has previously been convicted of or received a youthful offender or  juvenile adjudication for an offense consisting of operating a motor vehicle under the influence of intoxicating liquor when the conviction, or youthful offender or other juvenile adjudication was had outside this state and not arising out of the same.

 

7.      Out-of-state offenses: except as provided in (5) or (6) above, (1) 90 days, where the holder is convicted of an offense consisting of operating a motor vehicle under the influence of intoxicating liquor where the conviction was had outside this state and (2) 6 months, where the holder is convicted of, or receives a youthful offender or other juvenile adjudication, which would have been a misdemeanor or felony if committed by an adult, in connection with, an offense consisting of operating a motor vehicle under the influence of or while impaired by the use of drugs where the conviction or youthful offender or other juvenile adjudication was had  outside this state.

 

Notice of charges to parent or guardian.

Upon the first scheduled appearance of any person under eighteen years of age who resides within the household of his or her parent or guardian upon a charge of a violation of subdivision one, two and/or three of §1192, the local criminal court shall forthwith transmit written notice of such appearance or failure to make such appearance to the parent or guardian of such minor person…

 

           

 Note: This information is not to be considered legal advice or guaranteed to be a comprehensive inventory of all state laws regarding alcohol and other drugs. The University will attempt to notify campuses of new or revised legislative reporting or disclosure requirements.  It is the user's responsibility to check New York State laws and with relevant SUNY offices to determine whether changes, additions or substitutions have been made.

 

NYS Penal Law: Article 220 - Controlled Substances Offenses; Article 221 - Offenses Involving Marihuana; and

Article 178 - Criminal Diversion of Prescription Medications and Prescriptions

(from New York State Legislature web site: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS)

 

NYS Penal Law

Controlled Substances Offenses

Specifics

Sentence

§ 220.03 Criminal possession of a controlled substance (7th degree).

Knowingly  and  unlawfully  possessing  a controlled substance (any substance listed  in  §3306 of the NYS Public Health Law other than marihuana, but including concentrated cannabis  as  defined  in  §3302 of NYS Penal Law Article 220).

Class A misdemeanor: imprisonment up to one year.

 § 220.06 Criminal possession of a controlled substance (5th degree).

 

Knowingly  and  unlawfully  possessing:

1.  a controlled substance with intent to sell it; or

2.  one  or  more  preparations,  compounds,  mixtures  or  substances  containing  a  narcotic  preparation (aggregate weight of ½ oz or more); or               

3.  phencyclidine (50 mg or more); or

4.  one  or  more  preparations,  compounds,  mixtures  or  substances  containing concentrated cannabis (aggregate weight of ¼ oz ounce or more); or

5.  cocaine (500 mg or more); or

6.  ketamine (more than 1,000 mg); or

7.  ketamine, and has  previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or

8.  one  or  more  preparations,  compounds,  mixtures  or  substances  containing  gamma  hydroxybutyric  acid (aggregate weight of 28 g or more).

Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years.

§ 220.09 Criminal possession of a controlled substance (4th degree).

 

Knowingly  and  unlawfully  possessing:

1.  one  or  more  preparations,  compounds,  mixtures  or  substances  containing a narcotic drug (an aggregate weight of 1/8 oz or more); or

2.  one  or  more  preparations, compounds,  mixtures  or  substances  containing methamphetamine, its salts, isomers or salts of  isomers (an aggregate weight of ½ oz or more); or

3.  one  or  more  preparations,  compounds,  mixtures  or  substances  containing a narcotic  preparation (an aggregate weight of 2 oz or more); or

4.  a stimulant (1 g or more); or

5.  lysergic  acid  diethylamide (1 mg or more); or

6.  a hallucinogen (25 mg or more); or

7.  a hallucinogenic substance (1 g or more); or

8.  a  dangerous  depressant  (10 oz or more); or

9.    a depressant (2 lbs or more); or

10.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing   concentrated  cannabis (an aggregate weight of 1 oz or more); or

11.   phencyclidine (250 mg or more); or

12.   methadone 360 mg or more); or

13.   phencyclidine (50 mg or more) with intent to sell it and has  previously  been  convicted  of  an  offense  defined  in § 220 or the attempt or conspiracy to commit any such offense); or

14.   ketamine (4,000 mg or more); or

15.   one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid (aggregate weight of 200 g or more).

Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years.

§ 220.16 Criminal possession of a controlled substance (3rd degree).

 

Knowingly  and  unlawfully  possessing:

1.    a narcotic drug with intent to sell it; or

2.    a stimulant, hallucinogen, hallucinogenic  substance,  or  lysergic  acid  diethylamide, with intent to sell it and has previously been convicted of an offense defined in § 220 or the attempt or conspiracy to commit any such offense; or

3.    a stimulant (1 g or more) with intent to sell it; or

4.    lysergic acid diethylamide (1 mg or more) with  intent  to  sell  it; or

5.    a  hallucinogen (25 mg or more) with intent to sell it; or

6.    a  hallucinogenic  substance (1 g or more) with  intent  to  sell it; or

7.    one  or  more  preparations,  compounds,  mixtures  or  substances containing  methamphetamine, its salts, isomers or salts of isomers  (1/8 oz or more) with  intent  to  sell  it; or

8.    a stimulant (5 g or more); or

9.    lysergic acid diethylamide (5 mg or more); or

10.   a  hallucinogen  (125 mg or more): or

11.   a  hallucinogenic  substance  (5 g or more); or

12.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing a narcotic drug (aggregate weight of ½ oz or more); or

13.   phencyclidine (1250 mg or more).

Class B felony: imprisonment for 1 to 9 years (may be sentenced to probation) [in or near school grounds, 2 to 9 years].  For a 2nd time offender: imprisonment for 3 ½ to 12 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 6 to 15 years.

§ 220.18 Criminal possession of a controlled substance (2nd degree).

 

Knowingly  and  unlawfully  possessing:

1.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing a narcotic drug (aggregate weight of 4 oz or more); or

2.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing methamphetamine, its salts, isomers or salts of  isomers (aggregate weight of 2 oz or more); or

3.   a stimulant (10 g or more); or

4.   lysergic  acid  diethylamide  (25 mg or more); or

5.   a hallucinogen (625 mg or more); or

6.   a hallucinogenic substance (25 g or more); or

7.   methadone (2850mg or more).

Class A-II felony: imprisonment 3 to 10 years. For a 2nd time: offender, imprisonment for 6 to 14 years (may be sentenced to lifetime probation). For a 2nd time offender previously convicted of a violent felony: imprisonment for 8 to 17 years.

§ 220.21 Criminal possession of a controlled substance (1st degree).

 

Knowingly  and  unlawfully  possessing:

1.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing a narcotic drug (aggregate weight of  8 oz or more); or

2.   methadone (5760 mg or more).

Class A-I felony: imprisonment for 8 to 20 years. For a 2nd time offender: imprisonment for 12 to 24 years. For a 2nd time offender previously convicted of a violent felony, imprisonment for 15 to 30 years.

§ 220.25 Criminal possession of a controlled substance (presumption).

1.  The presence of a controlled substance in an automobile, other than  a  public omnibus, is presumptive evidence of knowing possession by each and every person in the automobile at the time the  substance  was found (see §220.25 for exceptions).

 

2.  The presence of a narcotic drug, narcotic preparation, marihuana or  phencyclidine  in open view in a room, other than a public place, under  circumstances evincing an intent to unlawfully mix, compound, package or  otherwise prepare for sale such   substance is presumptive evidence of knowing possession thereof by each and every person in close  proximity  to  such  controlled substance  at  the time such controlled  substance was found (see §220.25 for exceptions).

§ 220.31 Criminal sale of a controlled substance (5th degree).

 

Knowingly  and  unlawfully selling a controlled substance (any substance listed  in  schedule  I, II, III, IV or V of  §3306 of the NYS Public Health Law other than marihuana, but including concentrated cannabis as defined  in  paragraph (a) of subdivision four of §3302 of NYS Penal Law Article 220).

Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation). For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years.

§ 220.34 Criminal sale of a controlled substance (4th degree).

 

Knowingly and unlawfully selling:

1.   a narcotic preparation; or

2.   a dangerous depressant (10 oz or more) or a depressant (2 lbs or more); or

3.   concentrated  cannabis as defined in §3302 of the NYS Public Health Law; or

4.   phencyclidine (50 mg or more); or

5.   methadone; or

6.   phencyclidine (any amount) and previously convicted of an  offense  defined  in this article or the attempt or conspiracy to commit any such offense; or

7.   ketamine (4,000 mg or more); or

8.   a  controlled  substance  in  violation  of section 220.31, when such sale takes place upon school grounds; or the grounds of an educational  facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds; or

9.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing gamma hydroxybutyric acid (28 g or more), as defined in  §3306 of the NYS Public Health Law.

Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years.

§ 220.39 Criminal sale of a controlled substance (3rd degree).

 

Knowingly and unlawfully selling:

1.   a narcotic drug; or

2.   a stimulant, hallucinogen, hallucinogenic  substance,  or  lysergic  acid  diethylamide (and  previously  convicted  of an offense  defined in §220 or the attempt or conspiracy  to  commit any such offense; or

3.   a stimulant (1 g or more); or

4.   lysergic  acid  diethylamide (1 mg or more); or

5.   a hallucinogen (25 mg or more); or

6.   a hallucinogenic substance (1 g or more); or

7.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing methamphetamine,  its salts, isomers or salts of isomers (aggregate weight of 1/8 oz or more); or

8.   phencyclidine (250 mg or more); or

9.   a narcotic preparation to a person less than 21 years old.

Class B felony: imprisonment for 1 to 9 years (may be sentenced to probation) [in or near school grounds, 2 to 9 years].  For a 2nd time offender: imprisonment for 3 ½ to 12 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 6 to 15 years.

§ 220.41 Criminal sale of a controlled substance (2nd degree).

 

Knowingly and unlawfully selling:

1.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing  a narcotic drug (aggregate weight of ½ oz or more); or

2.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing  methamphetamine,  its salts, isomers or salts of isomers (aggregate  weight of ½ oz or more); or

3.   a stimulant (5 g or more); or

4.   lysergic  acid  diethylamide (5 mg or more); or

5.   a hallucinogen (125 mg or more); or

6.   a hallucinogenic substance (5 g or more); or

7.   methadone (360 mg or more).

Class A-I felony: imprisonment for 8 to 20 years. For a 2nd time offender: imprisonment for 12 to 24 years. For a 2nd time offender previously convicted of a violent felony, imprisonment for 15 to 30 years.

§ 220.43 Criminal sale of a controlled substance (1st degree).

 

Knowingly and unlawfully selling:

1.   one  or  more  preparations,  compounds,  mixtures  or  substances  containing  a narcotic drug (aggregate weight of 2 oz or more); or

2.   methadone (2880 mg or more).

Class A-II felony: imprisonment 3 to 10 years. For a 2nd time: offender, imprisonment for 6 to 14 years (may be sentenced to lifetime probation). For a 2nd time offender previously convicted of a violent felony: imprisonment for 8 to 17 years.

§ 220.44 Criminal sale of a controlled substance in or near school grounds.

 

Knowingly and unlawfully selling:

1.   a controlled substance in violation of any one of subdivisions 1– 6-a of §220.34, when such sale takes place upon school grounds; or

2.   a controlled substance in violation of any one of subdivisions 1– 8 of §220.39, when  such  sale  takes  place upon school grounds; or

3.   a controlled substance in violation of any one of subdivisions 1– 6 of §220.34,  when  such  sale  takes  place upon the grounds of an educational facility under  circumstances  evincing  knowledge  by  the  defendant that such sale is  taking place upon such grounds; or

4.   a controlled substance in violation of any one of subdivisions  1–8 of  §220.39, when such sale takes  place upon the grounds of an educational facility under circumstances evincing knowledge by the  defendant  that  such  sale  is  taking place upon such grounds.

Class B felony: imprisonment for 1 to 9 years (may be sentenced to probation) [in or near school grounds, 2 to 9 years].  For a 2nd time offender: imprisonment for 3 ½ to 12 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 6 to 15 years.

 § 220.45 Criminally possessing a hypodermic instrument.

Knowingly and unlawfully possessing or selling a hypodermic syringe or hypodermic needle.

Class A misdemeanor: imprisonment up to one year.

§ 220.46 Criminal injection of a narcotic drug.

Knowingly and unlawfully possessing a narcotic drug and intentionally injecting, by means of a hypodermic syringe or hypodermic needle, all or any portion of that drug into the body of another person with the latter’s consent.

Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years.

§ 220.50 Criminally using drug paraphernalia (2nd degree).

 

Knowingly possessing or selling:

1.   diluents, dilutants or adulterants, including but not  limited  to,  any  of the following: quinine hydrochloride, mannitol, mannite, lactose  or dextrose, adapted for the dilution of narcotic drugs or stimulants  under  circumstances  evincing  an intent to use, or under circumstances evincing knowledge that  some  person  intends  to  use,  the  same  for  purposes  of  unlawfully mixing, compounding, or otherwise preparing any  narcotic drug or stimulant; or

2.  gelatine capsules, glassine envelopes, vials, capsules or any other material suitable for the packaging of individual quantities of narcotic  drugs or stimulants under circumstances evincing an intent  to  use,  or  under  circumstances evincing knowledge that some person intends to use,  the same for the  purpose  of  unlawfully  manufacturing, packaging  or  dispensing of any narcotic drug or stimulant; or

3.  scales and balances used or designed for the purpose of weighing or  measuring  controlled substances, under circumstances evincing an intent  to use, or under  circumstances  evincing  knowledge  that  some  person  intends  to  use,  the  same  for  purpose  of unlawfully manufacturing,  packaging or dispensing of any narcotic drug or stimulant.

Class A misdemeanor: imprisonment up to one year.

§ 220.55 Criminally using drug paraphernalia (1st degree).

 

Committing the crime of criminally using drug paraphernalia in the second degree and having previously been convicted of criminally using drug paraphernalia in the 2nd degree.

Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years.

§ 220.60 Criminal possession of precursors of controlled substances.

 

Possessing and at the same time intending to unlawfully manufacture:

1.   a controlled  substance; or

2.   carbamide  (urea)  and  propanedioc and malonic acid or its derivatives; or

3.   ergot or an ergot derivative and diethylamine or dimethyl-formamide or diethylamide; or

4.   phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine; or

5.   pentazocine and methyliodide; or

6.   phenylacetonitrile and  dichlorodiethyl  methylamine  or  dichlorodiethyl benzylamine; or

7.   diephenylacetonitrile and dimethylaminoisopropyl chloride; or

8.   piperidine  and  cyclohexanone  and  bromobenzene  and lithium or magnesium; or

9.   2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent.

Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years.

§ 220.65 Criminal sale of a prescription for a controlled substance.

 

When, being a practitioner, as that term is defined in §3302 of the NYS Public Health Law, knowingly and unlawfully selling a prescription for a controlled substance.

Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years.

§ 220.70 Criminal possession of methamphetamine manufacturing material (2nd degree).

Possessing a  precursor, a chemical reagent or a solvent with the  intent  to  use  or  knowing  another  intends  to  use  such precursor, chemical reagent, or  solvent to unlawfully produce, prepare or manufacture methamphetamine.

Class A misdemeanor: imprisonment up to one year.

§ 220.71 Criminal possession of methamphetamine manufacturing material (1st degree).

Committing the offense of criminal possession of methamphetamine manufacturing material  in the second degree, as defined in § 220.70,  and  has  previously  been  convicted  within  the  preceding  5 years of  criminal possession of methamphetamine  manufacturing  material  in  the  2nd  degree or a  violation of this section.

Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years.

§ 220.72 Criminal possession of precursors of methamphetamine.

Possessing at the same  time  a  precursor  and  a  solvent  or chemical reagent, with intent to use or knowing that  another intends to use each such precursor, solvent or chemical  reagent  to unlawfully manufacture methamphetamine.

Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years.

§ 220.73 Unlawful manufacture of methamphetamine (3rd degree).

Possessing,  with  intent  to  use,  or knowing that another intends to use each such  product to unlawfully manufacture, prepare or produce methamphetamine two  or  more  items  of  laboratory  equipment  and  two  or  more  precursors, chemical reagents or solvents in any combination; or one  item  of  laboratory  equipment and three or more precursors,  chemical reagents or solvents in any combination; or a precursor: (a) mixed together with a chemical reagent or solvent; or  (b) with two or more chemical reagents and/or solvents mixed together.

Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years.

§ 220.74 Unlawful manufacture of methamphetamine (2nd degree).

1.   Commits violation of § 220.73 in the  presence of another person under the age of 16, provided,  however,  that the actor is at least 5 years older than such other person under  the age of 16; or

2.   Commits violation of § 220.73 and has  previously been convicted within the preceding 5 years of the offense  of criminal possession of precursors of methamphetamine, criminal possession of methamphetamine  manufacturing material in the 1st degree,  unlawful  disposal  of  methamphetamine  laboratory  material,  unlawful  manufacture of methamphetamine in the 3rd degree, the  2nd degree, or the 1st degree.             

Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years.

§ 220.75 Unlawful manufacture of methamphetamine (1st degree).

 

Commits the crime of unlawful  manufacture  of  methamphetamine  in the 2nd degree after having  previously  been convicted  within  the  preceding  5 years of unlawful manufacture of  methamphetamine in the 3rd  degree unlawful manufacture of methamphetamine in the 2nd degree or  unlawful  manufacture  of methamphetamine in the 1st degree.

Class B felony: imprisonment for 1 to 9 years (may be sentenced to probation) [in or near school grounds, 2 to 9 years].  For a 2nd time offender: imprisonment for 3 ½ to 12 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 6 to 15 years.

§ 220.76 Unlawful disposal of methamphetamine laboratory material.

Knowingly disposing of, or possessing with intent to dispose of, hazardous or dangerous material under circumstances that create a substantial risk to human health or safety or a substantial danger to the environment.

Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years.

 

NYS Penal Law

Offenses Involving Marihuana

Specifics

Sentence

§ 221.05 Unlawful possession of marihuana.

Knowingly and unlawfully possessing marihuana is a violation.

A fine of up to $100.

 

A fine of up to $200 if previously convicted of an offense defined in § 220 or § 221, committed within the 3 years immediately preceding such violation.

 

A fine of up to $250 or imprisonment up to 15 days or both if previously convicted of two such offenses committed during such period.

§ 221.10 Criminal possession of marihuana (5th degree).

Knowingly and unlawfully possessing marihuana in a public place, as defined in section 240.00  of  this  chapter, and such marihuana is burning or open to public view; or one  or  more  preparations,  compounds,  mixtures  or  substances  containing  marihuana  (aggregate weight of more than 25 g).              

Class B misdemeanor: imprisonment up to three months.

§ 221.15 Criminal possession of marihuana (4th degree).

Knowingly and unlawfully possessing one   or   more preparations, compounds, mixtures or substances containing marihuana (aggregate weight of more than 2 oz).

Class A misdemeanor: imprisonment up to one year.

§ 221.20 Criminal possession of marihuana (3rd degree).

Knowingly and unlawfully possessing one   or   more preparations, compounds, mixtures or substances containing marihuana (aggregate weight of more than 8 oz).

Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years.

§ 221.25 Criminal possession of marihuana (2nd degree).

Knowingly and unlawfully possessing one   or   more preparations, compounds, mixtures or substances containing marihuana (aggregate weight of more than 16 oz).

Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years.

§ 221.30 Criminal possession of marihuana (1st degree).

Knowingly and unlawfully possessing one   or   more preparations, compounds, mixtures or substances containing marihuana (aggregate weight of more than 10 lbs).

Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years.

§ 221.35 Criminal sale of marihuana (5th degree).

Knowingly and unlawfully selling, without  consideration, one or more  preparations,   compounds,   mixtures  or  substances  containing  marihuana (aggregate weight of 2 g or less); or one cigarette containing marihuana.

Class B misdemeanor: imprisonment up to three months.

§ 221.40 Criminal sale of marihuana (4th degree).

Knowingly and unlawfully selling marihuana, except as provided in §221.35.

Class A misdemeanor: imprisonment up to one year.

  § 221.45 Criminal sale of marihuana (3rd degree).

Knowingly  and  unlawfully  selling  one  or  more  preparations,  compounds,   mixtures   or   substances  containing  marihuana  (aggregate  weight of more than 25 g ).

Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years.

§ 221.50 Criminal sale of marihuana (2nd degree).

 

Knowingly  and  unlawfully  selling one  or  more  preparations,  compounds,   mixtures   or   substances  containing  marihuana (aggregate weight  of  more than 4 oz, or knowingly and unlawfully sells one  or more  preparations,  compounds,  mixtures  or  substances  containing  marihuana to a person less than 18 years of age.

Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years.

§ 221.55 Criminal sale of marihuana (1st degree).

 

Knowingly and unlawfully sells one or more preparations, compounds,   mixtures or substances containing (aggregate weight of more than 16 oz).

Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years.

 

NYS Penal Law

Criminal Diversion of Prescriptions & Medications

Specifics

Sentence

See § 178.00 for definitions and § 178.05 for limitation of criminal diversion  of  prescription medications and prescriptions.

§ 178.10   Criminal   diversion   of   prescription   medications  and

 prescriptions (4th degree).

A person is guilty of criminal diversion of prescription medications and prescriptions in the 4th degree when he or she commits a criminal diversion act.

Class A misdemeanor: imprisonment up to one year.

§ 178.15   Criminal   diversion   of   prescription   medications  and

prescriptions (3rd degree).

 

A person is guilty of criminal diversion of  prescription  medications and prescriptions in the 3rd degree when he or she:

1.      commits  a  criminal  diversion  act, and the value of the benefit exchanged is in excess of $1000; or

2.      commits the crime of criminal diversion of prescription medications  and  prescriptions  in  the 4th  degree,  and  has previously  been  convicted of the crime of criminal diversion of prescription medications  and prescriptions in the 4th degree.

Class E felony: imprisonment 1 to 1 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ and 2 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment 2 to 2 ½ years.

§ 178.20   Criminal   diversion   of   prescription   medications  and

prescriptions (2nd degree).

A person is guilty of criminal diversion of prescription medications and prescriptions in the second degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of $3,000.

Class D felony: imprisonment for 1 to 2 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 1 ½ to 4 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony: imprisonment for 2 ½ to 4 ½ years.

§ 178.25   Criminal   diversion   of   prescription   medications  and

prescriptions in the first degree.

A person is guilty of criminal diversion of prescription medications and prescriptions in the first degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of $50,000.

Class C felony: imprisonment for 1 to 5 ½ years (may be sentenced to probation).  For a 2nd time offender: imprisonment for 2 to 8 years (may be sentenced to parole supervision). For a 2nd time offender previously convicted of a violent felony imprisonment for 3 ½ to 9 years.

Alternative sentence: the court may impose imprisonment of one year or less for a person convicted of a class C, class D or class E felony offense.

 

Note: This information is not to be considered legal advice or guaranteed to be a comprehensive inventory of all state laws regarding alcohol and other drugs. The University will attempt to notify campuses of new or revised legislative reporting or disclosure requirements.  It is the user's responsibility to check New York State laws and with relevant SUNY offices to determine whether changes, additions or substitutions have been made.

 

POLICY ON RETURNING TO CAMPUS AFTER MEDICAL CARE

Any student who has needed emergency medical evaluation and/or treatment, or who has been transported from the campus by emergency medical personnel, must follow specific procedures to return to campus. The College will determine the student’s appropriateness to return to the academic and/or residential environments, including planning for needed follow-up care, arranging for the completion of missed academic work, and assuring the safety and well-being of the whole campus community.

  1. Psychological/psychiatric incident, including alcohol or other drug-related incident:
  1. Before noon of the first business day following the student’s wish to return to campus, he/she must contact the following two offices to arrange immediate appointments:
    1. The Counseling Office at (518) 743-2278 (information will also be required from the attending physician in the emergency room/hospital)                             
    2. The Office of Residential Life at (518) 832-7785 if the student lives on campus

 

  1. Traumatic injury, accident, or illness:
  1. Before noon of the first business day following the student’s wish to return to campus, he/she must contact the Counseling Office at (518) 743-2278 to arrange an immediate appointment for follow-up care and/or referrals (information will also be required from the attending physician in the emergency room/hospital)

On the basis of all of the above information, an administrative determination will be made about the student’s ability to remain in school, any special conditions on his/her continued attendance (i.e., part-time study only, residential status), and any disciplinary action that the College may pursue.  This decision will be made by a committee comprised of the Dean for Student Affairs, a Counselor, a Campus Safety Officer and (if the student lives on campus) the Director of Residence Life. Following the completion of the reentry assessment, he/she will be contracted by the Office of Student Affairs to inform him/her of the administrative determination and any special conditions to be set forth in a behavioral contract. 

CRIME PREVENTION TIPS FOR STUDENTS AND EMPLOYEES

Suspicious Person

A suspicious person is an individual who should be reported to the College by any member of the campus community. Act on your intuition, if the person does not seem to “fit” into the environment, (s)he may not belong on campus. Based on your information, a crime may be prevented.

The following are examples of what may constitute a suspicious person.

  • Walking around as if they are lost or looking things over.
  • Acting strange as if they are guilty of something.
  • Appear scared, nervous or anxious.
  • Asking for directions to student’s rooms, faculty or staff offices, etc.
  • More concerned with who is around them than what they are working on or looking for.
  • Refusing help if you offer to assist them.
  • Looking in windows or open doors.
  • Tampering with locks on windows, doors, vehicles, bicycles, etc.
  • Entering rooms, offices, labs, with no apparent business to transact.
  • Soliciting, asking for donations, etc.
  • Carrying items such as college property, knives, guns, crowbars, screwdrivers, etc.

When reporting a suspicious person, provide descriptors such as:

  • What they are wearing and the color of their clothing. Their physical appearance such as skin color, hair color and style, height (tall or short), weight (thin or heavy).
  • Distinguishing features such as scars, beards, mustaches, etc.
  • Direction of travel and mode of travel such as walking or driving…include a description of their vehicle (color, license plates, type).

Never expose yourself to any danger by following or approaching the person. Remember the above descriptions and report it to the Security duty officer, or the closest employee of the college.

 

 

Suspicious Activities

Suspicious activities and/or findings should be reported to the Department of Security or any employee of the college at the time of discovery.

Suspicious activities include:

  • Sound of breaking glass
  • Finding a broken window
  • Hearing screams
  • A vehicle continually driving in the same area of campus
  • Groups of people or individuals who you suspect of being under the influence of drugs or alcohol, disturbing the peace, causing property damage or rioting
  • Smoke coming from buildings, vehicles, etc.
  • Finding a syringe, knife, gun or other dangerous items
  • Observing individuals with drugs or alcohol on campus or using drugs or alcohol on campus
  • Observing drugs or drug paraphernalia or being used or sold.
  • Sound of gunshots or anything that sounds like gunshots.
  • Any activity that you feel is out of the ordinary or suspicious.

PROTECTING YOURSELF

Protecting yourself does not end at the College property line. It is important that you are just as aware of your surroundings on campus as you are off. Although the crime rate on campus and the surrounding community is low, there is always the potential for something to happen. The Office of Public Safety takes pride in providing the safest educational and living environment that it can. It is important that the students also take this same level of pride and ownership to maintain their own personal safety.

Plan Ahead for Personal Protection

  • Be alert! Know your surroundings and be aware of who is in front of and behind you.
  • Be aware of who is standing around watching you or who may look suspicious to you.
  • Do not take shortcuts through parks, tunnels, parking lots and alleys if you are alone or if they are known to be problem areas.
  • If possible, do not carry a purse. If you must, keep your money and credit cards in a pocket or some other place. You might consider a fanny pack positioned in front of you as opposed to the side.
  • Carry as little cash as possible. Walk on highly traveled streets and at night travel only in well-lit areas. If possible, walk in groups; remember there is safety in numbers.
  • Carry your keys in your hand, with the proper key ready, as you approach your home so you do not have to fumble for them outside your door. If someone attacks, do not resist unless you feel your life is in danger and you believe it is in your best interest.  

Escort Service Program

An escort service is provided by Public Safety for the protection of individuals as they travel within the campus.  Contact the duty officer at extension SAFE (7233) from on campus, or telephone (518)743 SAFE (7233) from an off-campus telephone.

Residence Quarters

Whether you live in the residence hall or off campus please remember:

  • Have your house/room keys in your hand and the proper key ready to unlock the door prior to your arrival at the door. If you believe you are being followed or watched, go to a friends or neighbors.
  • When you enter your house/room, lock the door behind you.
  • Be sensible with your keys. Do not leave them outside or in hiding places.
  • Shut and lock your windows when you are not home or sleeping.
  • Know your neighbors and which ones you can trust in an emergency.
  • Know who is at the door before opening it.
  • Demand identification from anyone you do not know, especially sales and repair persons.
  • If a stranger requests the use of your phone to call for help, offer to place the call for him/her without letting them into your home.
  • If you live off campus, use only your first initials on your mailbox and telephone directories.
  • Do not prop a door open for someone who does not belong in the building.
  • Never let anyone wait alone in your room for your roommates return.
  • Keep emergency numbers handy.
  • Never loan your keys to anyone.

Driving

  • Keep doors and windows locked.
  • If you feel threatened, sound the horn and drive away.
  • If you are followed to your driveway or onto campus, do not leave your car; continue driving to a service station or other open public space.
  • If your car breaks down raise the hood, then stay inside with the doors locked and windows up until legitimate help arrives. If someone stops to help, do not open your window or door. Ask the person to call for help.
  • If you see someone in trouble, go for help instead of stopping.
  • Do not pick up hitchhikers.

 Parking

Consider it will be dark when you return to your car and select a parking place that will be well lighted and not deserted.

  • Check for loiterers before leaving and returning to your car.
  • Remove keys from the ignition when you leave your car, even for a few minutes.
  • Lock your car doors.
  • Have keys ready when returning to your car.
  • Check the back seat before getting in the vehicle.

Walking or Running

  • Walk with someone else. Two is good, but three or more is better.
  • Be alert, observant and aware of your surroundings and any other people on the street with you.
  • Never assume a parked car is empty.
  • Listen for footsteps or voices.
  • Plan your route before you go out and know where to find emergency telephones.
  • Avoid dark or deserted streets, alleys, parking lots, parks, cemetery grounds, or areas known to have crime issues.
  • Conceal jewelry.
  • If you carry a purse, briefcase, or backpack, keep only a small amount of cash in it.
  • Carry your keys, your identification and anything else of value concealed on your person.
  • Write down or leave word of your route, time leaving and returning.
  • Do not use headphones. Use your hearing to be aware of your surroundings.
  • Wear reflective material if you are walking or running before dawn or after dark.

Protecting your Property

The majority of all thefts occur in unlocked areas where valuables are left unattended and the thief thinks there is a minimal chance of being caught. To reduce the chances of a theft occurring make sure to keep your items locked when not in use, out of sight, and/or in your possession.

General Guidelines

  • Record serial numbers, brand names and descriptions of valuable items
  • Take photos if possible. Never leave your wallet, purse or prescription medications lying out in the open. Keep it locked up or out of sight.
  • When leaving your room remove all valuables from the top of your dresser and desk. Make sure windows are shut and locked.
  • Avoid leaving notes on your door stating you are out and for how long.
  • Report missing room keys to your Resident Assistant immediately.

Textbooks and Laptops

  • If you leave your textbooks or laptop in your car, leave your car locked.
  • Never leave your textbooks or laptop unattended in a public area, even if only for a minute.
  • If you own a backpack, store your books and computer in it and carry it with you at all times.
  • Write your name or a code number/word you can remember on a page somewhere inside the book. This will help you identify your item if found.

From Automobiles

  • Lock doors and close all windows tightly each time you leave your car.
  • Lock your portable valuables out of sight inside the automobile trunk or carry them with you.
  • Be aware of anyone suspiciously tampering with or looking into motor vehicles.
  • Be aware of persons hanging around the parking lots.
  • Be aware of persons quickly walking away from parked vehicles when they see you approaching.
  • At night, park in well-lighted areas where traffic flow by pedestrians and autos is frequent

NIGHTLIFE

Alcohol is by far the most common substance involved in sexual assaults. However, there is other less common but available substances, including Rohypnol, GHB and Ketamine, which have recently received media attention in North America for their abilities to impair individuals so they cannot adequately defend themselves. In the majority of incidents, these substances are dropped into the alcoholic beverages of unsuspecting victims. We recommend you educate yourself about these drugs and the common risk reduction strategies.

  • Be observant of your surroundings.
  • Drink from tamper-proof bottles or cans. Do not drink from a punch bowl.
  • Do not ask someone to watch your drink while you dance, go to the bathroom, etc. Take it with you or finish it first.
  • Watch while your beverage is prepared. Do not accept drinks from anyone if you did not see it being prepared.
  • Keep your hand over your beverage when possible.
  • Use the buddy system and take your friends.

Nightlife tips

  • Do not accept a ride from anyone who has been drinking.
  • Do not accept a ride from anyone you do not know.
  • Carry with you enough money for a taxi.
  • Tell an employee of the club if you are being harassed or if there are any suspicious individuals.
  • Arrange a deal with a friend to watch out for each other and to leave together in a group.

Threatening - Harassing - Obscene Telephone Calls

If you are the recipient of a threatening, harassing or obscene telephone call, try to remain calm.

  • Hang up immediately. If you stay on the line or express emotion, you will only feed the callers obsession.If the calls persist, report it immediately to the duty officer, on-duty Resident Dean, or other employee of the College.
  • If you are off campus and the calls persist, call local law enforcement.
  • If any of the calls are recorded on your voice-mail or answering machine, do not erase the message.
  • In order to assist the law enforcement agency keep a written record including the following information:
  • Date and time of the call
  • Exact conversation or action, no matter how embarrassing.
  • Description of voice: gender, tone, age group, dialect, style of enunciation, overall tone, or other distinctive qualities.
  • Description of background noises.

 

 

ANNUAL FIRE SAFETY REPORT
Year 2015

 Fire System Information Specifically for Student Housing

Section 6438 of New York State Education Law requires notification of fire safety standards and measures in all college-owned or college operated housing. To facilitate compliance the following information is provided:

SUNY Adirondack’s Student Housing facility has an automatic sprinkler system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread.

The Student Housing Facility also has a fire safety system which includes automatic fire detection devices (smoke alarms, heat detectors) installed throughout the building and is monitored 24/7 for any activation. Devices that alert one to the presences of a fire such as horns, bells, strobe lights are also installed throughout the building. All systems are installed in accordance with generally accepted practices. 

 

Fire Safety Log

Year

Total Fires

Fire Number

Cause of Fire

Number of Injuries that Required Treatment at a Medical Facility

Number of Deaths

Value of Property Damage Caused by Fire In Dollars

 
 
 
 
 

2013

0

0

N/A

0

0

0

 

2014

0

0

N/A

0

0

0

 

2015

1

1

Unintentional/ E-cigarette battery left in desk drawer

0

0

4904.00

 

 

 

 

Note: The Federal Register, page 55912 states: “To clarify, any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus is considered an on-campus student housing facility.”

The Office of Public Safety works closely with the Facilities and Residence Life staffs at SUNY Adirondack to develop and submit an annual fire safety report.  This data is shared with the New York State Office of Fire Protection and Control (OFPC) for their review and comments.

The information in the Annual Fire Safety Report describes the overall organization and management of the fire safety activities in the one Residence Hall on campus.

FIRE SAFETY SYSTEMS (Student Housing Facilities) 2015

 

 

Building

Assembly Space

Detection Type

Fire Sprinklers (Fully, * partially, or Not Sprinklered)

Fire Alarm Sound (Horn or voice)

Horn/Strobe (Yes or No)

Number of Fire drills (Does not include Summer Session)

Residence Life Building, 28 Campus Drive

South and East parking Lots

Heat/Smoke

Full

Horn

Yes

3

 

Fire Drills

State Law requires fire evacuation drills be held periodically in the residence halls. All residents must evacuate the halls as per instruction provided by the residence hall staff. Failure to evacuate will result in disciplinary action.

3 Drills Annually

1-Hours of Darkness

1-between 1/1 and 5/1

1 between 9/1 and 12/1

  • The number of residence hall fire drills held in calendar year 2014: 3

Fire Procedures

Fires can occur in any building on campus. Every building is equipped with various levels of fire protection equipment including audible and/or visual devices. Most buildings on campus, especially the residential living spaces, are tied into a monitoring system that automatically notifies the local fire department.

If you discover or suspect a fire:  

  • Activate the building fire alarm system. Each building as pull-stations located at the exterior doors.
  • Notify occupants of the building of the fire on your way out of the building.
  • Do not attempt rescue efforts if it puts your own life in jeopardy.
  • Contact the Safety and Security duty officer relaying what information you have.
  • Move to a safe location away from the building.

To Report a Fire:

 

Numbers 24-Hour   Emergency

(Police, Fire, EMS)                   

 

911

Office of Public Safety

(518)  743-SAFE (7233)

Main Switchboard

(518) 743-2200 ext. 0

 Fire Safety Inspections

Fire safety inspections will occur at sporadic times throughout the semester by the Residence Life staff. The purpose is to educate students about how the condition of the suite could be a threat to the safety of themselves and others. Corrections will be mandated, with failure to make corrections considered a violation of the housing license.

The following are prohibited in and around the college operated residence halls:

  • The use of multi-outlet plugs is prohibited, except for those with built-in surge protectors.
  • Disconnecting or covering smoke/heat detectors in the rooms.
  • Burning of candles or incense, any flame emitting article. Candles may be used as decoration only if the wick has never been lit.
  • Microwave ovens larger than 900 watts.
  • Hot pots.
  • Space heaters.
  • Halogen lights.
  • Air conditioning equipment.
  • Multi-arm floor lamps
  • Refrigerators (except those validated by the residence hall staff).
  • Smoking -Smoking is prohibited on the Campus of SUNY Adirondack.  Our smoking policy is in accordance with all SUNY guidelines. Breaches of College Smoking Policy will be dealt with as appropriate and if necessary through the formal disciplinary process.

Coffee makers, toasters, toaster ovens and other cooking devices are to be used in the kitchenette are only.

Appliances may not be left unattended while in use.

Residence Life is fined for repeated fire code violations. These fines will be charged to students who are notified of such violations and do not remove them immediately.

False Reporting of a Fire

False reporting of a fire by pulling a fire alarm, tampering with fire equipment, or otherwise causing the system to go into alarm is a crime. Any person caught causing an alarm in this manner will be removed from the residence hall and will be arrested and face prosecution.

Evacuating Student Housing Residents

Campus building evacuations are initiated when it is no longer safe for occupants to remain within the building. The campus fire alarm systems are a very important and effective means of alerting people to safely evacuate Residence Halls during an emergency.

After fire alarms are activated, all residents must evacuate.  Failure to evacuate will result in disciplinary action.  Exit the building using the stairs, elevators should not be used. Residents should move to one of the two designated assembly points (south parking lot or east parking lot) and remain at a safe distance, at least 100 feet from the building until a signal to reenter has been given by Public Safety or Resident Assistants/Resident Directors.

Resident Assistants that are on duty, should, if possible, remember to take the Duty Keys with them when exiting the building. Resident Assistants are expected to respond to any requests from Public Safety and Queensbury Central Fire Department. Resident Assistants are not expected to fight the fire or linger in the building. They are to evacuate the building immediately.

Once outside, Resident Assistants are required to check to see if building occupants evacuated and are to assess how many students are present in case Public Safety or the fire department requests that information.

Based on the number of Resident Assistants available, they should walk the perimeter of the building and notify Public Safety or the fire department of any students that are in the building.

Faculty/Staff/Visitors

When a fire alarm sounds, building occupants must quickly proceed to the nearest exit designated by an exit sign. If possible, faculty/staff should close doors and windows and turn off lights as the last person leaves a room or area.

If exits/stairwells are not clear or safe, occupants must go to the next closest exit/stairway. Stairwells are an important means of exiting multistory buildings; therefore, fire doors should be kept closed.  Elevators should not be used. Many elevators are programmed to shut down during a fire alarm. People who walk slowly or need assistance should walk to the right side of stairwells to prevent impeding other people from exiting a building.

Once outside, gather at a predetermined assembly area at least 100 feet away (south and east parking lots), so Emergency Personnel have clear access to the building. The designated areas should be communicated by the faculty instructor, staff member, and/or building contacts. Try to account for the people in your work/class areas to ensure all occupants have left the building. Never reenter a building without instructions from Public Safety or Residence Life staff.

Fire Safety Education and Training

Residence Hall staff and students are expected to familiarize themselves with the evacuation plan for the buildings they occupy including the identified assembly places. In the residence hall, students are instructed at the opening and floor/wing meetings on evacuation procedures. Programs are also presented in residence halls on various safety issues including fire safety.

Students are reminded about fire evacuation procedures during hall meetings or after problems occur during fire drills and accidental activations of the alarm.

Work requests are submitted to address items that require corrective action. Student rooms are inspected during Thanksgiving, winter and spring break.  Unannounced room inspections occur throughout the year.

Incidentals such as misuse of extension cords, candles, and small appliances without automatic shut-off devices are scrutinized. Any prohibited item found during an inspection is confiscated and-in some instances students shall be referred to the judicial process.

SUNY Adirondack staff and Queensbury Central Fire Department personnel perform annual fire safety training in the building.

NON-Emergency Reporting

In accordance with federal law, SUNY Adirondack is required to annually disclose statistical data on all fires that occur in on-campus student housing facilities. Listed below are the non-emergency numbers to call to report fires that have already been extinguished in on-campus student housing. These are fires for which you are unsure whether the Public Safety Office may already be aware. If you find evidence of such a fire or if you hear about such a fire, please contact one of the following:

SUNY Adirondack Public Safety (518) 743-SAFE (7233)

SUNY Adirondack Residence Life Office (518) 832-7785

Facilities Office (518) 743-2200 ext. 2240

When calling, please provide as much information as possible about the location, date, time and cause of the fire.

 

DAILY CRIME/FIRE LOG

A daily log of incidents that occur on campus is kept and is available for the public to view in the Facilities Office from 8am – 3:30pm Monday thru Friday or by request. This log includes the date, time, general location and disposition of the complaint. If an entry is determined to be confidential by the Director or Assistant Director it will not be made available.

 


Source URL: http://www.sunyacc.edu/compliance/annualsecurityreport

Links:
[1] http://criminaljustice.state.ny.us/nsor/

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