Policies and regulations

Summary: The Family Educational Rights and Privacy Act of 1974, also known as ‘FERPA’ or ‘The Buckley Amendment’ is a federal law (20 U.S.C. § 1232g; 34 CFR Part 99) that protects student education records by governing disclosure of student records and affording students specific rights to their records, including access. FERPA affords students the right of privacy regarding their grades, enrollment, and even billing information, unless an institution has prior written permission from the student to share that specific type of information, or, in the alternative, a relevant exception applies. FERPA also gives students the right to inspect and review their education records and, under certain circumstances, the right to request that such records be amended.  

Policy: The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records.  These rights and additional stipulations include the following: 

1. The right to inspect and review the student's education records within 45 days after the day the College receives a request for access.  
2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. 
3. The right to provide written consent before the College discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. The College discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibilities for the College. The College may disclose without consent to officials of another school, upon request, in which a student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer, including updated or corrected information. The student shall receive notification of the disclosure unless the student initiated the disclosure. When a student is enrolled in both a high school and the College, the two schools may exchange information on that student even though the students’ rights are protected under FERPA at the College. If the student is under 18, the parent or guardian still retain the rights under FERPA at the high school and may inspect and review any records sent by the College to the high school. 
4. FERPA permits the disclosure of personally identifiable information [PII] from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA Regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA Regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures.
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA is: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC  20202 

Processes and Procedures: 

• Review of Education Records: 
  • An eligible student has the right to inspect and review the student's education records within 45 days after the day Adirondack Community College receives a request for access. 
  • A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. 
  • The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. 
  • If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. 
• Amendment of Education Records: 
  • An eligible student's right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. 
  • A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. 
  • If the College decides not to amend the record as requested, the school will notify the student in writing of the decision. 
  • The student has the right to appeal the decision with a designated college official. Appeals shall be made within 10 business days of the date of notice. The student shall receive written notice with the date and time of the appeal meeting within 5 business days. The decision of the college official shall be in electronic or written format and submitted to the student within 10 business days of the appeal meeting. All appeal deadlines and time requirements may be extended for good cause by the college official. 
• Disclosure of Personally Identifiable Information from Education Records: Requests for PII from education records are made to the Director of Registration and Records. The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure; 
  • To school officials with legitimate educational interests.  A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibilities for Adirondack Community College. Adirondack Community College considers the Adirondack Housing Association, LLC, and the Faculty-Student Association of SUNY Adirondack to be affiliated entities of the College and, as such, participates in the sharing of certain biographic and financial data in order to accurately bill and collect for room and board. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1)) 
  • To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34.  (§99.31(a)(2))  
  • To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs.  Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.  These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.  (§§99.31(a)(3) and 99.35) 
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.  (§99.31(a)(4)) 
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.  (§99.31(a)(6)) 
  • To accrediting organizations to carry out their accrediting functions.  ((§99.31(a)(7)) 
  • To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§99.31(a)(8)) 
  • To comply with a judicial order or lawfully issued subpoena.  (§99.31(a)(9)) 
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36.  (§99.31(a) (10))
  • Information the school has designated as “directory information” under §99.37.  (§99.31(a) (11)) 
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39.  The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.  (§99.31(a) (13)) 
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14)) 
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a) (15)) 
  • To authorized individuals on behalf of deceased students directory information may be provided. 
• Request to Withhold Information: 
  • An eligible student may request to withhold Directory Information from being released by submitting the Request to Withhold Information (FERPA) within 14 days following the first day of classes. 
  • The failure of any student to specifically object to the release of directory information within the time indicated will be interpreted as approval. 
  • Upon completion of the form, the College will not publish any information regarding academic awards, scholarships or graduation information including verifications or certifications until the student authorizes the release of the information in writing. 
  • The College will remove the confidentiality hold once the student has graduated. 
  • Students may rescind their request at any time by completing the Option to Cancel section of the form. 
• Semester Notification to Eligible Students: 
  • The Dean of Student Affairs sends an electronic notification to eligible students.  
• Semester Notification to Employees: 

  • The Director of Registration and Records sends an electronic notification to all employees at the beginning of each semester.  

     

FERPA form

An institutional financial aid professional is expected to always maintain exemplary standards of professional conduct in all aspects of carrying out his or her responsibilities, specifically including all dealings with any entities involved in any manner in student financial aid, regardless of whether such entities are involved in a government sponsored, subsidized, or regulated activity. To this end, this Code provides the financial aid professional with a set of principles that serves as a common foundation for accepted standards of conduct.

The staff of the Financial Aid Office at SUNY Adirondack Community College follows this code of conduct outlined by the National Association of Student Financial Aid Administrators (NASFAA).

The financial aid professional shall:

• Refrain from taking any action for his or her personal benefit.
• Refrain from taking any action he or she believes is contrary to law, regulation, or the best interests of the students and parents he or she serves.
• Ensure the information he or she provides is accurate, unbiased, and does not reflect any preference arising from actual or potential personal gain.
• Be objective in making decisions and advising his or her institution regarding relationships with any entity involved in any aspect of student financial aid.
• Refrain from soliciting or accepting anything of other than nominal value from any entity (other than an institution of higher education or a governmental entity such as the U.S. Department of Education) involved in the making, holding, consolidating or processing of any student loans, including anything of value (including reimbursement of expenses) for serving on an advisory body or as part of a training activity of or sponsored by any such entity.
• Disclose to his or her institution, in such manner as his or her institution may prescribe, any involvement with or interest in any entity involved in any aspect of student financial aid.

The primary goal of the financial aid professional is to help students achieve their educational potential by providing appropriate financial resources.  To this end, this Statement provides the financial aid professional with a set of principles that serves as a common foundation for accepted standards of conduct.

The staff of the Financial Aid Office at SUNY Adirondack Community College follows these principles outlined by the National Association of Student Financial Aid Administrators (NASFAA).

The financial aid professional shall:

• Be committed to removing financial barriers for those who wish to pursue post-secondary learning.
• Make every effort to assist students with financial need.
• Be aware of the issues affecting students and advocate their interests at the institutional, state, and federal levels.
• Support efforts to encourage students, as early as the elementary grades, to aspire to and plan for education beyond high school.
• Educate students and families through quality consumer information.
• Respect the dignity and protect the privacy of students, and ensure the confidentiality of student records and personal circumstances.
• Ensure equity by applying all need analysis formulas consistently across the institution’s full population of student financial aid applicants.
• Provide services that do not discriminate on the basis of race, gender, ethnicity, sexual orientation, religion, disability, age, or economic status.
• Award only those race-based scholarships that support the institution’s mission and do not place a burden on non-minority students.
• Recognize the need for professional development and continuing education opportunities.
• Promote the free expression of ideas and opinions, and foster respect for diverse viewpoints within the profession.
• Commit to the highest level of ethical behavior and refrain from conflict of interest or the perception thereof.
• Conduct periodic review of all institutional policies to ensure all ethical principles are being met.
• Maintain the highest level of professionalism, reflecting a commitment to the goals of the National Association of Student Financial Aid Administrators.

Students attending SUNY Adirondack who are receiving federal Title IV financial aid (i.e. federal Direct or PLUS loans; federal Pell and SEOG grant funds) are required to return the portion of unearned aid if they withdraw or otherwise fail to complete the period of enrollment for which the Title IV aid was provided. The return of funds does not apply to any student whose date of withdrawal is beyond the 60 percent enrollment period for which the student has been charged. The last date of attendance is determined by the date the student began the College’s withdrawal process or the student’s last date of recorded attendance (or other acceptable academic activity).

To determine the percentage of aid earned, divide the number of calendar days completed by the total number of calendar days in the enrollment period (excluding scheduled breaks of five days or more AND days that the student is on approved leave of absence).

Federal financial aid is returned to the program from which it was disbursed based on the percentage of unearned aid. To determine the percentage of unearned aid, subtract the percentage of aid earned from 100. The percentage of unearned aid is then multiplied by the amount of aid disbursed toward allowable institutional charges (e.g., tuition, room, and board).

Please note students who take a leave of absence or withdraw, and are also Title IV aid recipients should be aware of the following: The six-month grace period for federal loans (Direct Loan and Direct PLUS) begins from the student’s last date of attendance as determined by the College. A student who is on an approved leave of absence will be considered as in school for purposes of repayment of federal loans. Should the student not return from an approved leave of absence, the last date of attendance will be considered the date the approved leave of absence began. Federal regulations do not allow for the period of study to be interrupted for more than 180 days, excluding standard periods of non-enrollment.

Before being granted approval for withdrawal or leave of absence, all students who are federal loan recipients are required to be counseled by the Financial Aid Office to discuss the consequences of their changed status.

The Student Lending Accountability, Transparency and Enforcement Act (SLATE) became law May 29, 2007, with the approval of the New York governor. This act was passed to amend the education law, in relation to protecting students and parents from being steered by lenders and institutions of higher learning into student loans laden with conflicts of interest; and to amend the state finance law, in relation to establishing the student lending education account.  

In compliance with SLATE, SUNY Adirondack chooses not to recommend lenders to students. Students and families are encouraged to select the lender of their choice when pursuing private loans. Once you apply for a loan, the Financial Aid Office will certify your eligibility with your selected lender. Keep in mind private loans must be certified to disburse in two equal installments for each semester in which you borrow.

Housing and Dining Accommodations Request Form
Downloadable Medical Provider Support Form

ADIRONDACK HOUSING ASSOCIATION
Phone: 518-832-7785
640 Bay Road, Queensbury, NY 12804
Fax: 518-832-7786

General Policy Statement
The Adirondack Housing Association (AHA) and SUNY Adirondack recognize that students may require specific housing accommodations to fully participate in the residential life component of their college experience. For this reason, AHA, in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA; 1990, Amended 2008) provides equal access to residential life, with respect to housing and/or dining, and safeguards against the discrimination of students as defined by the ADA.

The ADA qualifies an individual with a disability as having:

• A physical or mental impairment that substantially limits one or more major life activities of such individual;
• A record of such an impairment; or
• Being regarded as having such an impairment

The director of the Accessibility Services Office (ASO) works in conjunction with all areas of the college, including the AHA, to ensure compliance with the ADA and Section 504. (This includes both the Office of the Dean for Student Affairs and the Office of the Director of Residence Life respective to matters of reasonable housing and/or dining accommodations.) The director of the ASO reaches throughout the college community in a good faith effort to ensure that individuals requesting services or accommodations are afforded said services and accommodations to receive equal access in the classroom, housing and around campus.

Eligibility for Reasonable Housing and/or Dining Accommodations

By law, students with a disability do not have to self-disclose nor do they have to register with the Residence Life Office and/or Accessibility Services. However, if a student is seeking reasonable housing and/or dining accommodations, said student must contact the Residence Life Office before the established deadlines in order to request reasonable services or accommodations for the upcoming semester. All reasonable housing and/or dining requests are considered on a case-by-case basis.

Procedures for Requesting Reasonable Housing and/or Dining Accommodations

A student requesting reasonable housing and/or dining accommodations must:

• Disclose his/her disability to the AHA through the Residence Life Office as it concerns housing and/or dining accommodations.
• Complete a Housing/Dining Accommodation Request Form.
• Provide medical documentation that specifically addresses the need for specified housing and/or dining accommodations. Documentation should be typed and printed on letterhead, dated, signed and legible with the name, title and professional credentials of the evaluator or medical provider. All documentation should be current, meaning that a diagnostic evaluation has been completed within the last three years. The age of acceptable documentation is dependent upon the disabling condition, the current status of the student, and the student specific request for accommodation.
• The documentation, along with the Housing/Dining Accommodation Request Form, should be submitted within the established timeframe to the Residence Life Office located in the Residence Hall on the SUNY Adirondack Queensbury Campus.
• If necessary, participate in a conversation with the Director of Accessibility Services and/or the Director of Residence Life to be able to more accurately gage and determine reasonable and appropriate accommodations.
• Request reasonable housing and/or dining accommodations on an annual basis, within the established timeframes set forth by the Office of Residence Life, adhering to all aforementioned guidelines.   

Consideration for Reasonable Housing and/or Dining Accommodations by Committee Review

Requests for reasonable housing and/or dining accommodations for students with disabilities will be evaluated, considered and prioritized based on need. Other factors critical to the determination include: severity of the condition, timing of the request, and availability.

The Committee will consist of the Director of the Accessibility Services Office, the Dean for Student Affairs and the Director of Residence Life (or their designees). The Director of Dining Operations will also be included in cases involving a request for dining accommodations.

The Committee will:

• Review the student’s submitted medical documentation as well as the Housing/Dining Accommodation Request Form.
• Request additional information/clarification from the student and/or evaluator/medical provider as necessary to process the housing/dining accommodation request.
• If necessary, participate in a conversation with the student to obtain as much information as possible about the requested accommodation, as well as to determine a reasonable and appropriate accommodation.
• Determine what reasonable housing/dining accommodations will be granted for one academic year or semester therein.
• Contact the student as to the eligibility or status of the application within the established time frames as set forth by the Office of Residence Life. 

Appeal Process
The Housing/Dining Accommodation process follows the college process for such appeals. Information on the college grievance procedure can be found by going to the Accessibility Services page.

SUNY Adirondack followed the lead of SUNY System Administration, who proposed that SUNY become the largest higher education system to become entirely tobacco free.

The College supports this initiative out of respect for the health of others and our campus environment. The use of tobacco products has consistently been proven to be a severe health risk, and as educators, we focus on supporting those who wish to quit. This policy creates a clean, healthy and safe environment for our students, faculty, staff and visitors.

This policy applies to all members of the College community at all locations including but not limited to faculty, staff, students, volunteers, trainees, consultants, supplemental staff employed through contract agencies or outside trade unions, vendors, guests and visitors.

For the purpose of this policy, “tobacco” is defined to include any lighted or unlighted cigarette, cigar, pipe, bidi, clove cigarette, e-cigarette devices and any other smoking product, and smokeless or spit tobacco, also known as dip, chew, snuff or snus, in any form.

All events occurring on college property are covered by the tobacco-free policy. Visitors are welcome on campus, but are expected to adhere to this policy as well. Violation of our policy by visitors can result in a ban of their privilege to be on campus.

The Department of Public Safety is charged with the enforcement of this policy. Violations by students are treated as violations of the Code of Conduct and adjudicated by the Dean for Student Affairs. Violations by employees are treated as a violation of College Policy and are handled by the Associate Vice President of Human Resources.

For more information on kicking the tobacco habit, call the New York State Smokers’ Quitline at 1-866- NYQUITS (1-866-697-8487) or visit the NY Quits website. Additionally, feel free to contact the Counseling Department at 518-743-2278 for information on services and upcoming events planned to assist students and staff in this transition if you are interested in quitting.

Summary: SUNY Adirondack promotes a safe and secure campus environment and utilizes numerous  resources in an effort to achieve that goal. 

Policy: It is the policy of SUNY Adirondack to issue identification cards to students at its campuses. The College requires all students to carry a valid SUNY Adirondack identification card to ensure the  safety of students and the entire campus community.  

Applicability of the Policy 
The identification card (including digital identification cards) must be presented or surrendered  upon request of a duly authorized College official, including but not limited to residence hall staff, Public Safety, Student Affairs staff, and students, contractors, or other staff authorized by  the College to supervise campus events, activities, and residence halls. Individuals may be required to reveal their faces to confirm identity when needed to maintain campus safety or security. Upon request, students must show all identifying information shown on the card and/or surrender the card to the requesting official. 

Intentional refusal to present or surrender a student identification card upon request by a College official; alteration or falsification of data on an identification card; creation and/or distribution of falsified identification cards; using an identification card to impersonate others; or refusal to reveal  one’s face to confirm identity; are violations of this policy and may result in disciplinary action.  

Processes and Procedures: 
It is the student’s responsibility to replace the identification card if it is confiscated, stolen, lost, bent, broken, or worn beyond the point of readability by College officials and/or card readers used  by the College. Replacement cards may be obtained at the Student Engagement and Diversity Initiatives Office in the Student Center on the main campus or at the administrative suite on the Saratoga campus, in accordance with posted fees. 

SUNY Adirondack identification cards are provided for appropriate identification use and access  to buildings and services. The cards are not transferrable and are valid as long as the holder  continues their specific affiliation with the campus. A campus identification card is to be used only  by the person to whom it is issued. 

Lost or stolen cards should be reported immediately via email  to the Dean for Student Affairs at deanforstudents@sunyacc.edu. 

Auxiliary Services, and the College are not liable for any charges or other damages incurred if an  ID is lost and used by another. 

This policy applies to: Employees, Students, Affiliated Entities, Visitors, Vendors, and anyone on property owned or leased by the College 

Summary: The purpose of this policy is to regulate camping and the use of tents on campus in order to  protect the health, safety and welfare of individuals as well as property and the environment.

Policy: SUNY Adirondack is committed to maintaining a clean, aesthetically pleasing, healthy, hygienic  and safe work, educational, and living environment in order to effectively carry out its educational  mission. The College controls its buildings and grounds consistent with the SUNY policies for  use of facilities, which prohibit the use of college property or buildings for purposes unrelated to  the regular programs and activities of the College.

1. Camping is prohibited on SUNY Adirondack campuses. 
2. Exceptions: 
   1. Actions that constitute “camping” as defined below may be allowed with prior,  written permission in the following limited circumstances: 
      1. a. With the advance written approval of the appropriate College official  following the appropriate campus procedures as outlined in the Facilities Use policy # 3603. 
      2. b. As approved as part of a contract for Campus use pursuant to the  
         Facilities Use policy #3603.
3. Tailgating and tailgate parties are excluded from this policy.  
4. In extraordinary circumstances, such as times of natural disaster, when approved in writing in advance by the President or their designee. 

Enforcement and Compliance 

1. SUNY Adirondack Office of Student Affairs and/or Public Safety employees are  responsible for addressing non-compliance with this policy by all persons and may  address violations of this policy that constitute criminal trespass or any other  violation of law. 
2. Students or employees may be referred for discipline for alleged violation of  this policy. 

Definitions 
Affiliated Entities. Per the Board of Trustees Policy Manual Section 9.1 - 9.3, the purpose,  relationship, responsibility and agreements between the SUNY Adirondack Foundation, Faculty Student Association and the Adirondack Housing Association, are outlined. 

Camping:

• In indoor or outdoor locations, the establishment of, evidence of an attempt to establish,  or maintenance of temporary or permanent living quarters at any location on College  controlled other than living quarters in residence halls and living quarters in apartments, or other College-managed housing—this includes the establishment of any indoor and/or  outdoor encampment erected in connection with any lawful assembly of individuals  pursuant to SUNY Adirondack policies; 
• Sleeping overnight in or under any parked vehicle; or 
• Establishing or maintaining indoors or outdoors, or in or under, any structure not  designated for human occupancy, at any time during the day or night, a temporary or  permanent place for cooking, storing of personal belongings, or sleeping by setting up any  bedding, sleeping bag, mattress, tent, hammock or other sleeping equipment, or by setting  up any cooking equipment that has not been approved by the Office of Facilities. 

College: 

Use of this term explicitly refers to Adirondack Community College and/or the College’s  legal acceptable short name, SUNY Adirondack.

Tailgating:

Informal gathering from the back of a parked vehicle, typically in the parking lot of a  sports stadium or event venue. Tailgating is permitted at approved events, in designated areas such as parking lots.  

Tent: 

Any and all structures, enclosure or shelter constructed of any material, including but not  limited to fabric or pliable materials supported by any manner. 

Summary: This policy governs fundraising and solicitation for the advancement of SUNY Adirondack [the College]. Fundraising and solicitation activities referred to in this policy statement may include, but are not limited to, requests for cash, pledges, securities, sponsorships, items of property, donated services, in-kind gifts from individuals or businesses, deferred or planned gifts, and foundation grants designed to support programs such as academic initiatives, student activities, scholarships, endowments, faculty development, equipment purchases and capital expansion. This policy is applicable to solicitations to any community members, alumni, faculty, staff, students, businesses, private foundations, federal and state agencies and any other constituents who may contribute funds. It does not cover specialized grants written and administered under the supervision of the President, or for in-kind gifts of property accepted by the President or Vice Presidents not channeled through the SUNY Adirondack Foundation. The purpose of this policy is to define guidelines to coordinate the College’s case for support in the community, ensure that gifts are consistent with the College’s priorities and policies, and reduce duplicative request to potential donors.   

Policy: All fundraising efforts must be coordinated through the SUNY Adirondack Foundation, a 501(c)3 organization specifically incorporated to accept gifts from the private sector.   Gifts are accepted only if they are consistent with the mission and goals of the College.  The Foundation conducts its fundraising activities in conformance with the Gift Acceptance policies of the Foundation, the Agreement between SUNY Adirondack and the SUNY Adirondack Foundation, and the Board of Trustees Policy Manual Section Nine. For gifts restricted to an initiative, division or for a specific staff/faculty member’s use, funds are accessed by following the College’s regular purchasing (or other relevant administrative) process. The SUNY Adirondack Foundation reimburses the College directly.  

Members of the College community who wish to implement a fundraising effort in support of an approved College initiative must contact the Foundation for coordination and assistance.  In addition to insuring that a proposed fundraiser is properly established and its case for support does not dilute the case for support for other College priorities, the practice avoids competing requests to the Foundation’s donor base.  

The Office of the Dean of Student Affairs is responsible for directing and approving on-campus fundraising initiatives such as car washes and bake sales that directly benefit student clubs and athletic teams.  Student groups are not allowed to solicit any off-campus individuals, businesses, corporations, or other entities without the permission of the Foundation. All members of the College community, including students, who are approached by donors wishing to make gifts to the College shall refer all potential donors to the SUNY Adirondack Foundation.  College personnel who rent facilities for fundraising activities shall consult with the SUNY Adirondack Foundation before agreeing to rent facilities for fundraising activities to confirm that competition or conflict does not exist with the College’s and Foundation’s existing efforts.

SUNY Adirondack encourages expression of free speech and permits the distribution of printed material for non-commercial purposes by the general community in a manner that does not compete with ongoing programs or regular business of the College and is in accordance with college policy. Individuals, organizations or groups must comply with the College Code of Conduct, found in the Student Handbook. Individuals, organizations, or groups who interfere in or compete with ongoing programs or regular business of the college while distributing such material may be charged with an infraction of the appropriate section of the Code of Conduct.

Any individual, organization, or group desiring to distribute such printed material at the College must obtain advance approval from the Office of Student and Residential Life. Approval to distribute printed material will not be based on the content of the printed material. Approval is required only to assure non-interference with the ongoing programs or regular business of the College. The College does not assume any obligation or responsibility for the content of materials distributed. Any denial of the distribution of printed materials may be appealed to the Dean for Student Affairs within 15 days of the denial.

The College reminds any individual, organization, or group so distributing materials to be aware of current laws regarding libel, defamation, obscenity, fair labor relations and other applicable laws. Acceptance of monetary donation for such material is prohibited.

The following rules and regulations apply to the posting of any and all materials from on-campus and off-campus populations. These rules do not apply to class project displays.

• All items to be posted must be approved and stamped by the Student Activities Office. Items that are not stamped will be taken down.
• Postings are confined to bulletin boards and “hang-it” spaces only.  There is absolutely no posting on glass surfaces (including classroom/building doors and windows), stairwells, classrooms, or interior/exterior walls.
• Please note the limit of one poster per event per bulletin board.
• The typical time limit for postings is two weeks. Special arrangements may be made through the Student Activities Office for extended time. All postings must be dated, and will be removed once the date has expired.
• Advertisements for special events should be removed immediately following the event. 

For questions or concerns regarding this policy, please contact the Student Activities Office at 743-2442.

1. College buildings or campus spaces may not be used to raise money for any individual or organization other than (a) an officially recognized campus organization whether it be faculty, staff, or student, or (b) a not-for-profit, charitable off-campus organization.

2. Organizations intending to use the College buildings or campus spaces to benefit an off-campus effort must satisfactorily prove the tax-exempt status of the benefiting cause.

3. Student organizations shall seek written approval to solicit funds on the College’s campus from the Coordinator of Student Life in the Office of Student Activities.  Faculty, staff, or non-profit organizations desiring to solicit funds on the College’s campus must seek written approval for such solicitations from the Director of Facilities.  The Office of Student Activities and the Facilities Office will establish uniform procedures relating to the location, duration, and set-up arrangements for such solicitation activities.

4. Any person aggrieved by any act, decision, or directive of either the Coordinator of Student Life in the Office of Student Activities or the Director of Facilities may appeal such act, decision, or directive to the College’s Dean for Student Affairs within fifteen (15) days from such act, decision, or directive.  The College’s Dean for Student Affairs may affirm, reverse, or modify such act decision, or directive as he/she deems appropriate within the limitations imposed by this Policy.

5. Any request for the use of campus facilities must follow the Facilities Use Policy and may result in the assessment of rental and/or maintenance fee(s).

SUNY Adirondack is committed to complying with New York’s Freedom of Information Law, which provides open access to public records.

FOIL requests may be submitted to:
   SUNY Adirondack
   ATTN: Lottie Jameson, Director of Compliance & Risk Management, Deputy Title IX Coordinator, FOIL Officer
   640 Bay Road
   Queensbury, NY 12804

SUNY Adirondack will process all requests according to the timelines and policies established by New York state and the State University of New York. After receiving a FOIL response, individuals have the right to appeal any FOIL decision.

FOIL appeals may be submitted to:
   SUNY Adirondack
   ATTN: Dr. Kristine D. Duffy, FOIL Appeals Officer
   640 Bay Road
   Queensbury, NY 12804

More about FOIL

Summary: The Freedom of Information Law (Public Officers Law §§ 84–90) requires that the State University of New York (University) make certain records available to the public. The law requires each campus and the system administration to designate records access officers.  All requests for information must be acted upon within five business days. If SUNY Adirondack is unable to answer an applicant’s request within five [5] days of receipt, it must acknowledge the request and inform the applicant of the approximate and reasonable time when the request will be answered. If the records access officers determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within twenty [20] business days from the date of the acknowledgement of the receipt of the request, SUNY Adirondack shall state, in writing, both the reason for the inability to grant the request within twenty [20] business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. An applicant may appeal if the College has not acted within ten [10] business days of the acknowledgment. The College may either grant or deny access to the records requested, or certify that it does not have or cannot find the records after a diligent search. Records involving trade secrets are subject to separate procedures and requirements under the Freedom of Information Law (FOIL). Appeals from a denial of access may be taken within thirty [30] days. 

Policy: The Freedom of Information Law (Public Officers Law §§ 84–90) requires that SUNY Adirondack make certain records available to the public. The law requires the College to designate a records access officer. Requests for information should be directed to the respective records access officer. 

1. Designation of records access officer: 
   1. The President is responsible for insuring compliance with the regulations.  The Director of Compliance and Risk Management, at SUNY Adirondack, 640 Bay Road, Queensbury, NY 12804, Compliance@suny.edu, shall serve as records access/FOIL officer. The name, title and business address, and when requests are accepted via email, an email address of the records access officer, may be obtained from the office of the President. 
   2. Records access officers are responsible for insuring appropriate response to public requests for access to records. The designation of records access officers shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. Records access officers shall insure that personnel:
      1. maintain an up-to-date subject matter list; 
      2. assist the requester in identifying requested records, if necessary; 
      3. take one of the following actions upon locating records: 
         1. make records available for inspection; or 
         2. deny access to the records in whole or in part and explain in writing the reasons therefore; 
      4. upon request for copies of records, make a copy available upon payment of 25 cents per page; 
      5. upon request, certify that a record is a true copy; and 
      6. upon failure to locate records, certify that: 
         1. the College is not the custodian of such records; or 
         2. the records of which the College is a custodian cannot be found after diligent search. 
   3. Location: Records shall be available for public inspection and copying at the records access office or at the location at which they are maintained. 
   4. Hours for public inspection: Requests for public access to records shall be accepted and records produced during all regular business hours. 
   5. Requests for public access to records: 
      1. A written request may be required, but oral requests may be accepted when records are readily available. 
      2. A response shall be given, regarding any request reasonably describing the records or records sought, within five business days of receipt of the request. 
      3. A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought. 
      4. If the records access officer does not provide or deny access to the record sought within five business days of receipt of a request, they shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when the request will be granted or denied. If the records access officer determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within twenty business days from the date of the acknowledgement of the receipt of the request, the records access officer shall state, in writing, both the reason for the inability to grant the request within twenty business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. 
      5. Provided the records access officer has reasonable means available, they shall accept requests for records submitted in the form of electronic mail and shall respond to such requests by electronic mail, provided that the written requests do not seek a response in some other form. 
      6. Failure by the records access officer to comply with the time limitations described herein shall constitute a denial of access. 
   6.  Subject matter list: The College shall maintain a reasonably detailed current list, by subject matter, of all records in its possession, whether or not records are available pursuant to subdivision 2 of section 87, of the NYS Public Officers Law (Freedom of Information Law). 
   7. Records containing trade secrets: 
      1. Any person who submits records to the College may request that the College except such records or parts of such records from disclosure as trade secrets pursuant to sections 87(2) (d) and 89(5) of the Public Officers Law. The request for an exception shall be made in writing to the records access officer at the campus where the records have been submitted and shall state the reasons why the records should be excepted from disclosure. Such records shall be excepted from disclosure and maintained apart from all other records until 15 days after the entitlement to such exception has been finally determined. 
      2. The records access officer shall, at any time, or upon receipt of a request for access to such records, determine whether the request for exception will be granted, continued, terminated or denied. Before doing so, the record access officer shall: 
         1. notify the person who requested the exception that a determination is to be made whether such exception should be granted or continued; and 
         2. permit the person who requested the exception, within 10 business days of receipt of such notification, to submit a written statement of the necessity for granting or continuing such exception. 
      3. Within seven business days of receipt of such statement or of the expiration of the period prescribed for submission of such statement, the records access officer shall issue a written determination granting, continuing, terminating or denying the exception and stating the reasons therefore. Copies of such determination shall be transmitted to the person, if any, requesting the records, the person who requested the exception and the Committee on Open Government. 
      4. A denial of an exception from disclosure may be appealed by the person submitting the records, and a denial of access to the records may be appealed by the person requesting the records. The following officer shall hear such appeals: FOIL Appeals Officer [Office of the President] SUNY Adirondack 640 Bay Road Queensbury, New York 12804 The appeal shall be in writing and shall be made within seven business days of receipt of a denial. The appeal shall be determined within 10 business days of receipt of the appeal. Written notice of the determination and a statement of reasons for the determination shall be served upon the person, if any, requesting the records, the person who requested the exception and the committee on open government. 
      5. Records or parts of records identified as trade secrets shall be maintained in a safe and secure manner and shall be charged to the custody of the head of the department or office in which the records are filed. That individual shall specify which persons subject to their supervision may inspect such records. The records access officer shall have the right to inspect such records. 
   8. Denial of access to records: 
      1. This section shall not apply to records or parts of records alleged to contain trade secrets. 
      2. Denial of access to records shall be in writing, stating the reason therefore and advising the requester of the right to appeal to the FOIL Appeals Officer. 
      3. If requested records are not provided promptly, as required in section four of this policy, such failure shall also be deemed a denial of access. 
      4. The following officer shall hear appeals for denial of access to records under the Freedom of Information Law: FOIL Appeals Officer [Office of the President] SUNY Adirondack 640 Bay Road Queensbury, New York 12804. The time for deciding an appeal by the FOIL appeals officer shall commence upon receipt of a written appeal identifying: 
         1.  the date of the appeal; the date and location of the requests for records; the records to which the requester was denied access; whether the denial of access was in writing or due to failure to provide records as promptly as required by section four of this policy; and 
         2. the name and return address of the requester. 
         3. The FOIL appeals officer shall inform the requester of their decision in writing within 10 business days of receipt of an appeal. 
         4. The FOIL appeals officer shall transmit to the committee on open government copies of all appeals upon receipt of appeals. Such copies shall be addressed to: Committee on Open Government Department of State 41 State Street Albany, NY 12231-0001
         5. The person or body designated to hear appeals shall inform the appellant and the committee on open government of its determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the committee on open government in the same manner as set forth in subdivision (f) of this section. 
   9. Fees: 
      1. There shall be no fee charged for: 
         1.  inspection of records;
         2. search for records; or any certification pursuant to this policy. 
         3. Copies of records shall be provided upon payment of 25 cents per photocopy not in excess of 9” x 14”, or the actual cost of reproducing any other record, except when a different fee is otherwise prescribed by law. 
   10. Public notice: A notice containing the title or name and business address of the records access officer and FOIL appeals officer and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept. 
   11. Severability: If any provision of this policy or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this policy or the application thereof to other persons and circumstances.

Summary: SUNY Adirondack respects and fully supports the rights of free speech guaranteed by the constitutions of the United States and the State of New York. The College values the free expression of ideas and supports individuals’ right to assemble. SUNY Adirondack promulgates this policy to provide meaningful opportunities for members of our community to express their views and to ensure that the time, place, and manner of such expression does not interfere with the safety and security of our campus community or disrupt the regular operations of the campus.

Policy: Individuals or groups affiliated with the College wishing to exercise their First Amendment rights by organizing a campus demonstration will follow the Facility Use policy [#3603], which requires content-neutrality. Students and employees of the College, and approved external users, are guaranteed the rights of free inquiry and expression and are guaranteed the right to hold public meetings and engage in peaceful and orderly assemblies — including, but not limited to, protests, demonstrations, rallies, vigils, marches, and picketing — in and upon designated public areas of campus grounds and buildings.

SUNY Adirondack designates the “Upper Quad” area at the main campus in Queensbury [along Washington Hall and Adirondack Hall] and the northern sidewalk area at the Saratoga branch campus as public areas for the purpose of peaceful and orderly assemblies.

Such in lawful demonstrations and expressions of free speech will be held at reasonable times, on Monday-Friday, and under reasonable circumstances.

The College will not interfere with orderly assemblies in designated public areas of grounds and buildings unless participants engage in any of the following:

1. Conduct that prevents the orderly administration of college classes, lectures, meetings, interviews, ceremonies, and other campus events or college operations;
2. Conduct that obstructs the free movement of vehicles or of persons, including, but not limited to in any building or facility, inclusive of blocking hallways and doors;
3. Engage in conduct that could foreseeably cause injury or damage to persons or property;
4. Operation of audio amplification equipment in a manner that conflicts with normal College operations or that is deemed injurious to health and safety, or that is in violation of Town of Queensbury or Wilton ordinances;
5. Constructing or erecting structures, whether or not they are anchored, inclusive of screens and/or objects requiring penetration in concrete or grass, or camp on College grounds, and indoor and outdoor encampment is generally prohibited (see policy # 3606 Camping and Use of Tents on Campus.);
6. Possession and/or ignition of an open flame of any type, including, but not limited to, torches;
7. Assemblies exceed 12 hours in duration in a one-day period, and assemblies that do not conclude 30 minutes prior to dusk and begin prior to 8 a.m.;
8. Activities that violate the provisions of SUNY Policy 3653, Rules for the Maintenance of Public Order; and
9. Activities that violate the provisions of any other applicable campus policies.

In addition, the following activities are strictly prohibited: 

1. Entry into any private office of an administrative officer, member of faculty, or staff member, or entry into any other college area that is not authorized, without permission;
2. Occupation of a building after it is normally closed; and
3. Obstruction of any roadways running through or adjoining the College’s campus grounds. All individuals participating in protests and demonstrations are required to provide a form of College-issued or government-issued identification upon request from a College official.

SUNY Adirondack takes compliance with this policy very seriously. Individuals should expect that violations of this policy will result in disciplinary action under the College’s Student Code of Conduct, up to and including interim suspension, suspension, and expulsion. Employees who are part of a bargaining unit will be subject to disciplinary action brought under their respective collective bargaining agreement. Employees who are not members of a bargaining unit will be subject to discipline by their supervisor. In addition, violations of ordinance or law may involve criminal charges.

During a demonstration, the expression of viewpoints may invite or elicit a response from others, including counter-demonstrators. In all circumstances, the right of others to personal expression must not be denied. Organizers should be aware that other demonstrations may also be approved that may include opposing views. The College may use buffer zones to maintain safe distances between demonstrating parties.

Processes and Procedures:

The Chief Diversity Officer will provide the appropriate support for the successful implementation of these events. Following College procedure will ensure a safe and effective assembly activity. The College will make every effort to respond affirmatively to all requests to engage in assembly activity. However, content-neutral consideration must be given to the time, place, and manner of the assembly activity to ensure the health and safety of the participants and the noninterference with authorized College business, activities, or events. To help ensure the safety of participants and the protection of the rights of all members of the campus community, the College can provide services such as location, safety, crowd control, site preparation/cleanup, and/or other such facilities or services it deems necessary

Requesting an On-Campus Demonstration

In order to use space on the campus for the purpose of a peaceful demonstration, employees would complete the online Space use request form [see Facility Use policy # 3603], on the website [https://www.sunyacc.edu/space-request], at least two [2] business days in advance of the date of the proposed demonstration. External user space use requests would be coordinated through the Events Coordinator (events@sunyuacc.edu). Student space use requests should be emailed to the Chief Diversity Officer(diversity@sunyacc.edu).

Approving Demonstrations

The Chief Diversity Officer will promptly respond to the space use request and will review the request and work with the sponsor/organizer to accommodate requests and determine a reasonable time, and manner for the assembly activity.

While every attempt will be made to accommodate all requests, some modifications to the assembly activity request may be required. The Chief Diversity Officer will inform the sponsor/organizer of these modifications and provide guidance as the assembly activity is planned.

In the event that the proposed assembly activity is planned in direct response to a current event, the College administration realizes that it may not be possible to submit a request in advance. In such cases, the event organizer should contact the Chief Diversity Officer as soon as possible in order to promptly coordinate the assembly activity, where reasonably possible.

All College policies and procedures, as well as the Student Code of Conduct and Code of Mutual Respect and Cooperation for Faculty, Staff and Students at SUNY Adirondack, must be observed at all times during the demonstration, as well as Federal, State and local laws, rules and regulations including guidelines on health and safety.

The demonstration organizer is responsible for communicating the parameters of the demonstration, including compliance with the College’s policy, to all participants prior to the event and to take reasonable measures to ensure the safety of participants. Organizers are accountable for the conduct of their guests and may be subject to disciplinary action as the responsible party for violations of College policy, ordinance or law incurred by their guests.

The demonstration organizer is the primary liaison with the College’s Department of Public Safety and/or Student Affairs Office, and other College officials as identified.

Response to Obstructive, Disruptive or Unsanctioned Demonstrations

If an approved demonstration becomes disruptive or obstructive to College operations, Public Safety will inform the demonstrators that their actions are disruptive to the operations of the campus and/or the safety of individuals. The disruptive activities must cease and desist. The demonstrators will also be informed specifically how they may continue their demonstration in a manner which is not disruptive or obstructive.

If the demonstrators fail to respond to the request to cease and desist their activities or if they fail to modify them, the approval for the demonstration will be revoked and all attendees will be requested to leave the area of the demonstration. Local law enforcement may be summoned for assistance and to clear the area.

If at any time during an approved demonstration, physical violence, unauthorized entry, disruption of normal business and/or academic activities, and/or destruction of property occurs, attendees will be immediately dispersed and local law enforcement will be summoned to the scene to respond appropriately.

Any member of the College community that becomes aware of an unsanctioned demonstration/protest are encouraged to notify Public Safety or a College administrator immediately. Such notification will enable the Office of Public Safety/College administration to take measures to ensure the safety of all persons on College property and compliance with this policy.

Making a Report Regarding Covered Sexual Harassment to the Institution 

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. 

Any person may also make a report using the Discrimination and Sexual Harassment Complaint Form: N:/Forms and Applications/Human Resources/Discrimination, Sexual Harassment or Workplace Violence Complaint. 

Contact Information for the Title IX Coordinator: Lottie Jameson SUNY Adirondack 640 Bay Road  Scoville Building, Room 326 Queensbury, NY 12804 jamesonl@sunyacc.edu 518-832-7741 

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator. Reporting information is also available on the Sexual Assault Prevention and Response website: https://www.sunyacc.edu/sexual-assault-prevention-and-response.  

Confidential Reporting 

The following officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy: 

• Title IX Coordinator or designee; 
• Dean of Student Affairs; 
• Residence Life staff, including Resident Directors and Resident Assistants; 
• Public Safety staff; and 
• Faculty, administrators and most staff

The following officials may provide confidentiality: 

• SUNY Adirondack Counseling Services — located on the Queensbury campus 
• Planned Parenthood 24-Hour Rape Crisis Hotline: 1-866-307-4086 
• Domestic Violence Project 24-Hour Hotline: 518-793-9496 
• Saratoga County Wellspring Victim Services 24-Hour Hotline: 518-584-8188 

Confidentiality vs. Privacy  

Consistent with SUNY Adirondack Student Code of Conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean SUNY Adirondack offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. SUNY Adirondack will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored. 

Non-Investigatory Measures Available 

Under the Title IX Grievance Policy Supportive Measures Complainants (as defined above), who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from SUNY Adirondack regardless of whether they desire to file a complaint, which may include counseling, extensions of deadlines or other courses-related adjustments, modification in on-campus work or class schedules, campus escort services, restrictions on contact between the parties (no contact orders), changes in on-campus work or housing locations, leaves of absence, increase security and monitoring of certain areas of the campus as appropriate. Supportive measures are non-disciplinary and non-punitive. 

Emergency Removal  

SUNY Adirondack retains the authority to remove a respondent from the college’s programs or activities on an emergency basis, where SUNY Adirondack (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal. If SUNY Adirondack determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision within three (3) business days following the removal. If the respondent challenges the removal, the administrator hearing the challenge will issue a decision within five (5) business days of the request. The administrator will then not be involved in any decision regarding responsibility of the respondent or any other appeal resulting from the process. Regardless of the outcome of this meeting, SUNY Adirondack may still proceed with the investigation and hearing process Administrative Leave SUNY Adirondack retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with the applicable collective bargaining agreement or Employee Handbook.  

Filing a Formal Title IX Complaint 

The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, provided that the process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The procedure for applying for extensions is described below. To file a Formal Complaint, a complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this policy if they are currently participating in, or attempting to participate in, the education programs or activities of SUNY Adirondack, including as an employee. For complainants who do not meet this criterion, the College will utilize existing regulations and policies listed in the Other Related Information section of the Title IX Grievance policy. If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. SUNY Adirondack will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this policy. Nothing in the Title IX Grievance Policy or the Student Code of Conduct prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process. A complainant who files a Formal Complaint may elect, at any time, to address the matter through an Informal Resolution Procedure [see Appendix A], only in cases involving non-physical acts in which the Complainant and the Respondent are students.  

Multi-Party Situations 

SUNY Adirondack may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.  

Determining Jurisdiction 

The Title IX Coordinator will determine if this Title IX Grievance Policy should apply to a Formal Complaint. The policy will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator: 1. The conduct is alleged to have occurred on or after August 14, 2020; 2. The conduct is alleged to have occurred in the United States; 3. The conduct is alleged to have occurred in SUNY Adirondack’s education program or activity; and 4. The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy. If all of the elements are met, SUNY Adirondack will investigate the allegations according to the Grievance Process and Procedures.  

Allegations Potentially Falling Under Two Policies 

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied to investigation and adjudication of only the allegations that constitute covered sexual harassment. 

Mandatory Dismissal 

If any one of these elements are not met, the Title IX Coordinator will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below.   

Discretionary Dismissal 

The Title IX Coordinator may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if: 

• A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint; 
• The respondent is no longer enrolled or employed by SUNY Adirondack; or, 
• If specific circumstances prevent SUNY Adirondack from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint. Each party may appeal a dismissal determination using the process set forth in “Appeals,” below. 

Notice of Dismissal  

Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts. 

Notice of Removal/Referral to Other Adjudication Process 

Upon dismissal of a Formal Complaint for the purposes of Title IX, SUNY Adirondack retains discretion to utilize the Code of Conduct and/or Sexual Misconduct Policy to determine if a violation has occurred. If so, SUNY Adirondack will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Policy and to inform the parties that the allegations will be investigated using the Code of Conduct and/or Sexual Misconduct Policy, and not the Title IX Grievance Policy. 

Notice of Allegations 

If the Formal Complaint moves forward, using the Title IX Grievance Policy, the Title IX Coordinator will draft and provide the Notice of Allegations to all parties alleged to be involved in the covered sexual harassment. Such notice will occur as soon as practicable, after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances. The parties will be notified by their SUNY Adirondack email accounts if they are a student or employee, and by other reasonable means if they are neither. SUNY Adirondack will provide five (5) business days for respondents to review the Notice of Allegations and prepare a response before any initial interview. The Title IX Coordinator may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above, and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations. 

Contents of Notice 

The Notice of Allegations will include the following: 

• Notice of the institution’s Title IX Grievance Policy, including any informal resolution process if applicable and a hyperlink to a copy of the policy. 
• Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and the date and location of the alleged incident, if known. 
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. 
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv). 
• A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution intends to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi). 
• A statement that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. Ongoing Notice If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered "sexual harassment” falling within the Title IX Grievance Policy, the institution will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means, if they are not students or employees at SUNY Adirondack. The parties will be provided five (5) business days to review the additional allegations to prepare a response before any initial interview regarding those additional charges. 

Advisor of Choice and Participation of Advisor of Choice 

SUNY Adirondack will provide the parties equal access to advisors and support persons; any restrictions on advisor participation will be applied equally. SUNY Adirondack has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of SUNY Adirondack.  SUNY Adirondack will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.  SUNY Adirondack’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and SUNY Adirondack cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. SUNY Adirondack will not be obligated to delay a meeting or hearing under this process more than five (5) business days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by SUNY Adirondack. 

Notice of Meetings and Interviews 

SUNY Adirondack will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate. 

Delays 

Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator, or designee), provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties. For example, a request to take a five day pause made an hour before a hearing for which multiple parties and their advisors have traveled to and prepared for shall generally not be granted, while a request for a five day pause in the middle of investigation interviews to allow a party to obtain certain documentary evidence shall generally be granted.  The Title IX Coordinator, or designee, shall have sole judgment to grant further pauses in the Process.  

Investigation  

General Rules of Investigations 

The Title IX Coordinator, and/or an investigator designated by the Title IX Coordinator, will perform an investigation of the conduct alleged to constitute covered sexual harassment, under a reasonably prompt timeframe, generally within sixty (60) business days, after issuing the Notice of Allegations.  SUNY Adirondack and not the parties, has the burden of proof and the burden of gathering evidence, i.e. the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from SUNY Adirondack and does not indicate responsibility.  

SUNY Adirondack cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. SUNY Adirondack will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations) as described below. 

Inspection and Review of Evidence 

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation. 

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any: 

• Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
• inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source. 

All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020). The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic means or, where that may not be possible, in hard copy. 

SUNY Adirondack is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access. The investigator’s preliminary report will be provided with the evidence. The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before finalizing the Investigative Report. Parties may request a reasonable extension as their designated extension request. 

SUNY Adirondack will provide copies of the parties’ written responses to the investigator to all parties and their advisors. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020). After receipt of the parties’ written responses, the investigator may choose to interview or re-interview a party, both parties, or witness(es), and may provide the parties with written notice, extending the investigation and explaining the reason for the extension. Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination. The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020). 

The parties and their advisors agree not to photograph or otherwise copy the evidence. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020). 

Inclusion of Evidence Not Directly Related to the Allegations 

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of the parties. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors, if any. See, 85 Fed. Reg. 30026, 30438 (May 19, 2020). 

Investigative Report 

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an Investigative Report that fairly summarizes relevant evidence. The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence. Only relevant evidence (including both inculpatory and exculpatory — i.e. tending to prove and disprove the allegations — relevant evidence) will be referenced in the Investigative Report. The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. See, 85 Fed. Reg. 30026, 30304 (May 19, 2020). 

Hearing General Rules of Hearings 

SUNY Adirondack will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing unless otherwise resolved through an informal resolution process. The live hearing may be conducted with all parties physically present in the same geographic location, or, at the College’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through Zoom or another remote conferencing platform. This technology will enable participants simultaneously to see and hear each other. At its discretion, SUNY Adirondack may delay or adjourn a hearing based on technological errors not within a party’s control.  

All proceedings will be recorded through either audio recording or audiovisual recording by SUNY Adirondack. For privacy reasons, neither parties nor their advisors are allowed to record the hearings. Cameras or other reproduction equipment, other than SUNY Adirondack’s audio recording or audiovisual recording devices, are not permitted in a hearing, unless as a result of reasonable accommodation. The recording or corresponding transcript, at the discretion of SUNY Adirondack, will be made available to the parties for inspection and review.  Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may not be withdrawn See, 85 Fed. Reg. 30026, 30435 (May 19, 2020). 

Continuances or Granting Extensions 

SUNY Adirondack may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, SUNY Adirondack will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable. Participants in the live hearing Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows: 

Complainant and Respondent (The Parties) 

• The parties cannot waive the right to a live hearing. 
• The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party. 85 Fed. Reg. 30026, 30361 (May 19, 2020). 
• For example, A verbal or written statement constituting part or all of the sexual harassment itself is not a “prior statement” that must be excluded if the maker of the statement does not submit to cross-examination about that statement. In other words, a prior statement would not include a document, audio recording, audiovisual reading, and digital media, including but not limited to text messages, emails, and social media postings, that constitute the conduct alleged to have been the act of sexual harassment under the formal complaint. 
• SUNY Adirondack will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation. See 34 C.F.R. § 106.71; see also 85 Fed. Reg. 30026, 30216 (May 19, 2020). 
• If a party does not submit to cross-examination, the decision-maker cannot rely on any prior statements made by that party in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a “statement” by that party. 
• The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination or other questions. See 34 C.F.R. §106.45(b)(6)(i). 
• The parties shall be subject to the institution’s Title IX Grievance Process Hearing Rules of Decorum [See Appendix B]. 

The Decision-maker/Hearing Officer 

• The hearing body will consist of a single Decision-maker/Hearing Officer. 
• The Decision-maker/Hearing Officer cannot also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may they serve on the appeals body in the case. 
• The Decision-maker/Hearing Officer will have no conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case. 
• The Decision-maker/Hearing Officer will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.  
• The parties will have an opportunity to raise any objections regarding a Decision-maker’s/Hearing Officer’s actual or perceived conflicts of interest or bias upon receipt of notice identifying the decision-maker or at the commencement of the live hearing.  

Advisor of choice 

• The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
• The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination at a hearing. 
• The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
• The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case. 
• The advisor is not prohibited from being a witness in the matter. 
• If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf. 85 Fed. Reg. 30026, 30340 (May 19, 2020). 
• If neither a party nor their advisor appear at the hearing, the College will provide an advisor to appear on behalf of the non-appearing party. See, 85 Fed. Reg. 30026, 30339-40 (May 19, 2020). 
• Advisors shall be subject to the institution’s Title IX Grievance Process Hearing Rules of Decorum, and may be removed upon violation of those Rules. 

Witnesses 

• Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation. See, 85 Fed. Reg. 30026, 30360 (May 19, 2020). 
• If a witness does not submit to cross-examination, as described below, the decision-maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing. 85 Fed. Reg. 30026, 30347 (May 19, 2020).  
• Witnesses shall be subject to the institution’s Title IX Grievance Process Hearing Rules of Decorum. Hearing Procedures For all live hearings conducted under this Title IX Grievance Policy, the procedure will be as follows: 
• The Decision-maker/Hearing Officer will open and establish rules and expectations for the hearing; 
• The Parties will each be given the opportunity to provide opening statements.;  
• The Decision-maker/Hearing Officer will ask questions of the Parties and Witnesses;  
• Parties will be given the opportunity for live cross-examination after the Decision-maker/Hearing Officer conducts its initial round of questioning. During the Parties’ cross-examination, the Decision-maker/Hearing Officer will have the authority to pause cross-examination at any time for the purposes of asking their own follow up questions; and any time necessary in order to enforce the established Title IX Grievance Process Hearing Rules of Decorum. 

Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Decision-maker/Hearing Officer. A Party’s waiver of cross-examination does not eliminate the ability of the Decision-maker/Hearing Officer to use statements made by the Party.

Live Cross-Examination Procedure 

Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination the advisor will ask the other party or parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.   Before any cross-examination question is answered, the Decision-maker/Hearing Officer will determine if the question is relevant. [See Relevance Guide Appendix C] Cross-examination questions that are duplicative of those already asked, including by the Decision-maker, may be deemed irrelevant if they have been asked and answered.  

Review of Recording/Transcript 

A recording or transcript of the hearing, at the discretion of SUNY Adirondack, will be available for review by the parties within five (5) business days, unless there are any extenuating circumstances. The recording or transcript of the hearing will not be provided to parties or advisors of choice. 

Determination Regarding Responsibility Standard of Proof 

SUNY Adirondack uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the Decision-maker/Hearing Officer determines whether it is more likely than not that a violation of the Policy occurred. 

General Considerations for Evaluating Testimony and Evidence 

While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Decision-maker. The Decision-maker shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances. 

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.  

The Decision-makers will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion. Except where specifically barred by the Title IX Final Rule, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred. The Final Rule requires that SUNY Adirondack allow parties to call “expert witnesses” for direct and cross examination. While the expert witness will be allowed to testify and be crossed as required by the Final Rule, the Decision-maker/Hearing Officer will afford lower weight to nonfactual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses. 

The Final Rule requires that SUNY Adirondack allow parties to call character witnesses to testify. While the character witnesses will be allowed to testify and be cross-examined required by the Final Rule, the Decision-maker will afford very low weight to any non-factual character testimony of any witness. The Final Rule requires that SUNY Adirondack admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed as required by the Final Rule, the Decision-maker will afford lower weight to such processes relative to the testimony of fact witnesses. 

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Decision-maker may draw an adverse inference as to that party or witness’ credibility. 

Components of the Determination Regarding Responsibility 

The written Determination Regarding Responsibility will be issued simultaneously to all parties through their SUNY Adirondack email account, or other reasonable means as necessary. 

The Determination will include: 

1. 1Identification of the allegations potentially constituting covered sexual harassment; 
2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; 
3. Findings of fact supporting the determination; 
4. Conclusions regarding which section of the Title IX Grievance Policy, the Student Code of Conduct and/or any of the policies listed in the Other Related Information section of the Title IX Grievance Policy, if any, the respondent has or has not violated. 
5. For each allegation: 
   1. A statement of, and rationale for, a determination regarding responsibility; 
   2. A statement of, and rationale for, any disciplinary sanctions the College imposes on the respondent or a recommendation that the procedure listed in a collective bargaining agreement is followed; and  
   3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant; and 
6. The College’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).  

Timeline of Determination Regarding Responsibility 

If there are no extenuating circumstances, the determination regarding responsibility will be issued by SUNY Adirondack within 10 business days of the completion of the hearing. 

Finality 

The determination regarding responsibility becomes final either on the date that the institution provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on which the opportunity to appeal expires.  

Appeals 

Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) business days of being notified of the decision, indicating the grounds for the appeal.  

The limited grounds for appeal available are as follows: 

• Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the institution’s own procedures); 
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; 
• The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter. 

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal. If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal. 

Appeals may be no longer than five (5) pages (not including attachments). Appeals should be submitted in electronic form using Arial or Times New Roman, 12-point font, and single-spaced. Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards. Appeals will be decided by an appeals panel of a least one SUNY Adirondack administrator and two other decision-makers, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or Hearing Decision-maker/Officer in the same matter. The outcome of appeal will be provided in writing simultaneously to both parties, and include the appeal panel’s rationale for the decision. 

Retaliation  

SUNY Adirondack will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.  

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations. No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.  

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment. 

For reports involving drugs and alcohol, please see Policy on Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases located at https://www.sunyacc.edu/sexual-assaultprevention-and-response. Complaints alleging retaliation may be filed according to the SUNY Adirondack grievance procedures for sex discrimination.

Summary: It is the policy of SUNY Adirondack that no discrimination against or harassment of individuals will occur on any of the campuses or in the programs or activities of the College. Discriminatory behavior undermines SUNY Adirondack’s values and violates the College’s Code of Mutual Respect and Cooperation. The purpose of this policy is to ensure the campus community is continually working to create a culture where discrimination or harassment is not tolerated, and to outline procedures to address incidents. All employees, students and visitors share in the responsibility of creating and maintaining a workplace and educational environment free from discrimination or harassment. The College expects that all members of the SUNY Adirondack community will assume this responsibility and will treat others with respect at all times. It is important that those who have been subject to discrimination or harassment have someone and somewhere to turn for assistance. It is likewise important to realize that unsubstantiated or malicious charges may seriously affect the reputations, careers or personal lives of the individuals charged with such conduct. Accordingly, this policy shall not be used to bring frivolous or malicious charges against students or employees. Charges found to have been intentionally dishonest or made maliciously may result in disciplinary action under the Student Code of Conduct or the appropriate personnel policies concerning personal misconduct. 

Policy: SUNY Adirondack is committed to fostering a diverse community of outstanding employees and students, as well as ensuring equal opportunity in employment and education, and access to services, programs and activities, without regard to an individual’s race, color, national origin, religion, creed, age, disability, sex, gender identity, gender expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction. Employees, students, applicants or other members of the SUNY Adirondack Community (including but not limited to vendors and visitors) may not be subjected to discrimination or harassment that is prohibited by law, or treated adversely or retaliated against based upon a protected characteristic. The College’s policy is in accordance with federal and state laws and regulations prohibiting discrimination and harassment, including sexual harassment and sexual violence. These laws include the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972, Pregnancy Discrimination Act of 1978 and the New York State Human Rights Law.  

Members of the College community who experience or observe discrimination or harassment should immediately report their experience or observation to the Affirmative Action Officer [Washington Hall 105, 518-743-2252]. In the case of sex discrimination, including sexual violence, reports should be made to the Title IX Coordinator [TitleIX@sunyacc.edu, Scoville 326, 518-8327741]. Whenever a violation of this policy is brought to the College’s attention, a prompt and equitable investigation will be undertaken. If a violation is found, effective corrective action will be taken. Inquiries regarding the application of all laws, regulations and policies prohibiting discrimination may be directed to the Affirmative Action Officer, the Title IX Coordinator or to the United States Department of Education’s Office for Civil Rights [OCR], 32 Old Slip 26th Floor, New York, NY 10005-2500, ocr.newyork@ed.gov, 646-428-3800. Reports of discrimination that happen off campus may also be reported to the College or to the OCR. 

Processes and Procedures: 

Reporting: 

1. If the complainant chooses to pursue the College’s internal procedure, the Affirmative Action Officer/Title IX Coordinator will be contacted via telephone, email, in person or by completing and submitting a Complaint Form [see Policy # 3309 Discrimination and Sexual Harassment Complaints]. 
2. The complainant must present some prima facie evidence in writing that they were treated in a discriminatory manner or harassed. 
3. The Affirmative Action Officer/Title IX Coordinator will provide the complainant with information about the various internal and external mechanisms through which the complaint may be filed, including applicable time limits for filing with other agencies.

Resolution: The complainant can seek an informal or formal resolution. Policy # 3309 Discrimination and Sexual Harassment Complaints outlines the processes and procedures to be followed including time limits, notice to parties, findings and recommendations.

History: The Department of Education’s Office for Civil Rights (OCR) enforces several statutes that protect the rights of beneficiaries in programs or activities that receive financial assistance from the Department of Education. These laws prohibit discrimination on the basis of race, color, and national origin (Title VI of the Civil Rights Act of 1964), sex (Title IX of the Education Amendments of 1972), disability (Section 504 of the Rehabilitation Act of 1973), pregnancy (Pregnancy Discrimination Act of 1978) and age (Age Discrimination Act of 1975). OCR also has enforcement responsibilities under Title II of the Americans with Disabilities Act, which prohibits state and local governments from discriminating on the basis of disability. On August 9, 2019, Governor Cuomo signed into law an amendment to the Human Rights Law to prohibit imposing a condition upon prospective or current employees who wear any attire, clothing, or facial hair in accordance with the requirements of their religion. Prohibited conduct includes imposing a condition on obtaining or retaining employment, including opportunities for promotion, advancement or transfers, or imposing any terms or conditions that require violations of a sincerely held religious practice. An exemption is provided to employers who engage in a bona fide effort but are unable to reasonably accommodate the employee’s or prospective employee’s sincerely held religious observance or practice without an undue hardship on the employer’s business. This exemption would apply to the newly enacted prohibition on discrimination on the basis of religious attire, clothing or facial hair. This law takes effect October 8, 2019. This policy was approved by the President on 8/6/19.

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:

• Make a report to law enforcement and/or state police;
• Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously;
• 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;
• Participate in a process that is fair, impartial and provides adequate notice and a meaningful opportunity to be heard;
• Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services where available;
• 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;
• Describe the incident to as few College officials as practicable and not to be required to unnecessarily repeat a description of the incident;
• 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;
• Access at least one level of appeal of a determination;
• 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;
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice or judicial or conduct process of the College.

Title IX of the Education Amendments of 1972 prohibits sex discrimination, including sexual harassment and sexual violence, in any education program or activity receiving federal financial assistance. The protections and sanctions of Title IX extend to the students and employees of SUNY Adirondack, as well as third parties to the campus.

Any observed or experienced incidents should be reported as soon as practicable to the Title IX Coordinator, and anyone who receives a report should reach out to the Title IX Coordinator as soon as practicable for assistance.

SUNY Adirondack affirms its policy to provide equal opportunity in employment and education through its commitment to creating a safe, fair and respectful environment for all students, employees and visitors. Sex discrimination in any form, including sexual harassment and sexual violence, is against the law and is a violation of SUNY Adirondack’s non-discrimination policy. Sexual discrimination in the form of sexual harassment is prohibited by Section 703 of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. It is also a violation of New York State’s Human Rights Law.

We are aware of the sensitivity of situations involving sexual harassment and sexual violence and urge those who have observed or experienced any incident to seek support and assistance as soon as possible. A written complaint or formal grievance need not be made in order to seek advice or utilize resources. SUNY Adirondack offers the following to assist students and employees in understanding the options and support services available to them:

SUNY Adirondack Title IX Coordinator

The Title IX Coordinator will make sure you understand all of your rights and options for moving forward, as well as all of the resources available to you.

The Title IX Coordinator will work closely with Public Safety, the Dean for Student Affairs, and the Director of Human Resources in the filing and adjudication of complaints through our campus processes.

On- and Off-Campus Authorities

Anyone wishing to file a criminal complaint can contact Campus Public Safety, local or state police, and/or the Campus Sexual Assault Victims Unit.

The Title IX Coordinator can help connect you to any of these resources.

Confidential and Private Resources

Your privacy will be respected and protected to the greatest extent practicable at all times, though strict confidentiality can only be guaranteed by licensed health professionals, off-campus victim advocates (such as employees at a Rape Crisis Center), and clergy.

SUNY Adirondack’s Counseling Center offers both private and confidential counseling services at no cost to students.

You can also access outside confidential support services, including hotlines and victim advocacy organizations.

The Title IX Coordinator, in conjunction with Student Affairs, Student Life, Counseling, and Human Resources, will provide training and educational programming throughout the year and as requested. Information and resources are always available from the Title IX Coordinator. 

Summary: The United States Department of Education requires that each accredited institution of higher education maintain a record of student complaints received by the institution per Federal Regulation 34 CFR 602.16 (a)(1)(ix).  The record will be reviewed by the Middle State Commission on Higher Education, SUNY Adirondack's accreditor, as part of the institution's Self Study and Periodic Review Report evaluations.

SUNY Adirondack is committed to an environment where concerns can be identified and resolved in a professional manner, constructively, quickly and fairly.  The college makes every effort to resolve student complaints internally, using policies and procedures outlined in the College Catalog and Student Handbook. Students wishing to file a formal complaint can do so by filling out an online form.

File a formal complaint 

Complete text of policy:

SUNY Adirondack will provide, to enrolled and prospective students, a public location of contact  information for filing complaints with the College’s accreditor and with its New York State [NYS] approval/licensing entity and any other relevant NYS official or agency that would appropriately handle a student’s complaint. 

Complaints will only be received by students or prospective students. Parents, relatives, employers, agents, and other persons acting for or on behalf of a student are not considered  students under this policy. All student related information will be considered confidential and  protected under FERPA (Family Education Rights and Privacy Act).

Retaliation against a student for filing a complaint is harassment and will be addressed as  described in the College’s Non-Discrimination and Anti-Harassment Policy #3306. 

This policy will be included on the college website and emailed to the students through the announce@wolfmail.sunyacc.edu account. An email account, named studentcomplaints@sunyacc.edu, will be created for student use. 
 

Informal complaints 

Prior to filing a formal complaint (a concern or expression of dissatisfaction or disagreement that  negatively impacts a student) against a College office or employee, students are encouraged to  attempt a good-faith resolution of the complaint with the individual directly involved or with the  head of the department/division in which the complaint arises. 

A complaint covered by this policy cannot be a grievance for which a defined policy or process is  provided [see Other Related Information Section below] 

Formal complaints 
A formal student complaint, filed with the College, must: 

• Be of sufficient substance
• Be in writing
• Identify the student making the complaint (not anonymous)
• Be filed electronically or submitted to the Dean for Student Affairs, preferably within thirty  (30) days of the failed informal resolution, if applicable. 

Complaints will be monitored and reviewed to enable the College to continually improve  processes and services in support of student learning and success. 

Processes and procedures: 

Filing a complaint 

1. A written or electronically filed complaint should include:

• name, address and phone number of the student making the complaint;
• identification of the office or employee against whom the complaint is brought
• a description of the specific College action or individual behavior resulting in the  complaint and its negative impact;
• the date or period of time in which the incident occurred and the location of the  incident;
• a listing of all individuals who witnessed any part of the incident in dispute. 

   2. The complaint is provided to the Dean for Student Affairs, Associate Vice President for  Academic Affairs and the Director of Compliance and Risk Management, who then determine that no other complaint resolution process is available for the subject matter of  the complaint and that the complaint is sufficiently substantive.

    a. If the complaint is found to have another resolution process or is not sufficiently substantive, the Dean will communicate that determination, in writing to the student. 

   3. The complaint is delegated to the appropriate head of the department/division in which the complaint arises for review and proposed resolution. 

4. Within five (5) business days (when the College is open), the Dean for Student Affairs  confirms receipt of the complaint, in writing, to the student with an anticipated resolution  timeframe. 

Complaint resolution 
1. The head of the department/division will ensure that any employee named in the complaint  receives a copy of the complaint and this policy as soon as practical. 
2. The head of the department/division will take the necessary steps to propose a resolution in a reasonable time period by reviewing relevant documentation and conducting meetings  with relevant employees, witnesses and/or the complainant. 
3. Where meetings are held, the parties may, if they wish, be accompanied by a peer support  person, which may be a union representative. 
4. The proposed resolution will be provided to the Dean of Student Affairs, Associate Vice President for Academic Affairs and the Director of Risk Management who will make a decision, in relation to the complaint, in writing. When the resolution involves a College policy or procedure, it will be reviewed in order to prevent a recurrence. 

Notification 

The Dean for Student Affairs communicates the resolution, in writing, within 28 days of  receiving the complaint, to the employee, the head of the department/division and the student,  who will also be provided the appeals process available. 

Appeals 

If the student is dissatisfied with a resolution, an appeal may be brought to the Vice  President or Executive (CIO, Advancement Officer, etc.) for the area most directly related  to the complaint within five (5) College business days. The Vice President or Executive will consider the relevant documentation and may, at their discretion, consult the decision  maker and/or interview any parties to the complaint. The Vice President or Executive will  communicate their appeal decision, in writing, to the student, the employee, head of the  department/division, Dean for Student Affairs, Associate Vice President for Academic  Affairs and the Director of Compliance and Risk Management. 

Record keeping 
The Director of Compliance and Risk Management maintains complaint records for six (6) years after resolution of the complaint. A summary of complaint areas [i.e. portal,  advisement, enrollment and registration, tuition and payments, financial aid] will be  provided in the annual risk assessment report to the Board of Trustees. 

Summary: The College provides its Employees, Affiliated Entity Employees, Students and Authorized Guests (collectively, the “Users”) with access to information technology equipment, software and data.  The College protects and preserves the privilege of use of College Information Technology Systems to ensure Users have access to reliable information technology that is safe from unauthorized or malicious use.   

Policy: The College provides standards and guidelines to protect Users of information technology equipment, software and data from illegal and/or harmful actions. All Users are responsible for appropriate and acceptable use of College Information Technology Systems.   

1. Responsibilities of Users The College makes every attempt to ensure that information technology equipment, software, data and its users are protected from any illegal and/or harmful activity.  However, Users should be aware that the College cannot guarantee security and confidentiality.  Therefore, it is the responsibility of all Users to ensure proper use of College Information Technology Systems including: 

   a. Use that is efficient and consistent with the College’s mission, values, policies, manuals, handbooks, and standard/best practice guides. 

   b. Use which consistently protects the confidentiality, integrity, and availability of Data. This includes the responsibility of all Users to ensure that: i. Data is accurate, including the prevention of any defacement or mishandling; ii. Data is restricted based on the needs of a job function, and ensure that proper authorization has been granted for all data that is accessed; iii. Data is available for appropriate stakeholders; iv. Confidential Data is rigorously protected and used solely for College purposes. 

   c. Use that complies with federal, state and local law (including, but not limited to, all laws outlined in the Legal Standards section below), including copyright and intellectual property rights as well as license agreements and contracts. 

2. Privacy and Monitoring The College reserves the right at any time to monitor and access any data, including the contents of any College computer or College communication, for any legitimate business or legal reason.  Portions of the technology infrastructure include automatic and manual monitoring and recording systems that are used for reasons that include, but are not limited to, security, performance, backup, and troubleshooting.  
3. Personal Use The College reserves the right to restrict personal use of College Information Technology Systems. While these systems are provided for College use only, the College recognizes that occasional, brief personal uses of computers may be necessary from time to time to attend to personal matters that cannot be handled outside work/school hours. Personal use of systems must not interfere with or disrupt any College business or educational use.  Use of personal equipment on the wireless network is allowed. 

4. Prohibited Behavior 

   a. Circumvention of any security systems and/or procedures, including any unauthorized activities aimed at compromising system or network security, including: hacking, probing, or scanning; attempts to break into other users' accounts or to obtain passwords; use of computer viruses, worms, or any kind of spyware or malicious software; use of an unauthorized firewall. 

   b. Sharing a username or password with another person, or using another’s account name or password; using a College password with any non-college system. 

   c. Storing non-protected confidential data on non-college systems.  

   d. Removing/transmitting/copying non-protected confidential data from College Information Technology Systems without authorization. 

   e. Any attempt to add or reconfigure any College Information Technology System, connecting a personal computer or other non-college computing device to the wired network, without written authorization from the Chief Information Officer. 

   f. Running IT servers, whether virtual or physical, without the written authorization from the Chief Information Officer. 

   g. Attempts to forge email or other electronic information or any actions that degrade the accuracy of data. 

   h. Using College Information Technology Systems for any unlawful activity including but not limited to accessing child pornography, illegally downloading copyrighted Page 2 of 5 

   i. j. material, or violating any license agreement or intellectual property rights in any way.  Using College systems to send spam, pranks, chain letters, pyramid schemes or other activities that negatively impact resources. Using College Information Technology Systems in ways which violate College policy. 

5. Legal Standards All Users are expected to abide by all Federal, State and local laws. The following list is used for illustrative purposes, and is not intended to be a comprehensive guide: 
   1. FERPA (Family Educational Rights and Privacy Act):  regulates the confidentiality of student records. GLBA (Graham Leach Bliley Act): regulates the confidentiality of financial information. 
   2. HIPAA (Health Insurance Portability and Accountability Act): regulates the security and privacy of health information. 
   3. PCI DSS (Payment Card Industry Data Security Standard): regulates the confidentiality of credit card information. 
   4. DMCA 1998 (Digital Millennium Copyright Act): regulates the protection of intellectual property. USC Title 18 §1030 (United States Code:  Fraud and related activity in connection with computers) 

6. Unauthorized Use/Violations All Users of College information technology will comply with this policy.   Violations are unethical and may constitute a criminal offense. 

   a. If a user suspects an account has been compromised, it must be reported immediately to the Chief Information Officer or designee.   

   b. All individuals doing work on behalf of the Collage are encouraged to report potential violations of this policy. Reports can be made to a direct supervisor, department head or chair; the Chief Information Officer; the Director of Compliance and Risk Management; a Vice President or the President. Any allegations will be investigated and reviewed. Retaliation against any user reporting a concern is prohibited. 

   c. An individual found to be in violation of this policy may be subject to loss or limitation of use of information technology resources; financial lability for the cost of such use and/or abuse; legal action, other action and/or formal disciplinary action, in accordance with applicable Federal laws; Chapter 156 and 165.15 of the New York State Penal Law; laws of the State of New York and the United States of America;  the College’s Codes of Conduct; College and/or State University of New York [SUNY] policies, applicable employee and student handbooks or collective bargaining agreements which may result in suspension, demotion or termination as deemed appropriate. 

Summary: During an emergency situation, receiving accurate, swift information is critical to protecting lives and minimizing campus disruption.  SUNY Adirondack maintains a comprehensive system known as the “SUNY ADK Emergency Notification” system, which includes a variety of ways to communicate to students, employees and visitors during an impending emergency, including website notifications, text and email messages. 

Policy: The College will utilize an emergency notification system with various distribution methods to provide campus community members with information and instruction, allowing the individual to make an informed decision in response to the situation presented.   

The Associate Vice President of Facilities and Public Safety, or designee, has been delegated the authority to confirm a significant emergency or dangerous situation; to develop messaging content; and to initiate the Emergency Alert System to send an emergency message to the campus community.  An emergency message will be sent to the College campus community without delay, unless notification will compromise efforts to assist a victim, or to contain, respond to or otherwise mitigate the emergency. 

Emergency Alerts are issued for incidents that pose an immediate threat to the health and safety of students, visitors and/or employees such as an active threat/shooter, major hazardous materials release, major fire, extended power outage, or a weather incident that would directly impact the campus. 

 Emergency Notifications are issued to expedite emergency response and/or evacuation procedures in situations that pose a threat to the health and safety of the College campus community. Notifications will be sent from the email account ( ps_notify@sunyacc.edu ) and via one or more of the following systems: 

• campus email  
• website 
• social media platforms (Facebook, Twitter, etc.)
• internal closed-captioning TV system  
• flyers on building main entrances and bulletin boards  
• personal email  
• text and/or  
• emergency siren [located on the Queensbury campus; only activated for a lockdown at that campus].  

The Emergency Notification System is tested within the first two weeks of each semester. 

Signing up for Alerts: The Information Technology Department will automatically enroll all employees and students assigned a Banner number and a sunyacc.edu email account in the emergency notification system group, sunyacc-emergency-notifications@regroup.com. Enrollment will take place prior to each semester. Campus community members not assigned Banner numbers and a sunyacc.edu email account may apply for inclusion in the Emergency Notification System by emailing the Assistant Director of Public Safety. 

System Testing: The Emergency Notification System is tested within the first two weeks of each semester. Additional tests may be conducted to ensure that the system is effective and operational. These test the function of the systems and serve as an educational tool for the College campus community. System tests will broadcast a non-emergency message informing students and employees of the test and providing information regarding what to do if this had been an actual emergency.  The system records data on how many messages are sent and how many received. 

Reporting: The Assistant Director of Public Safety will present the results of the tests to the Emergency Management Team at the next team meeting.   

Summary: This policy establishes the prohibition of the audio recording of any classroom lectures, discussions or presentations, unless the audio recording is part of an accommodation coordinated through the Accessibility Services Office, a marketing and/or promotional piece coordinated through the Marketing and Communications Office, or unless the instructor chooses to allow such audio recordings and explicitly states so in the syllabus [see Attachment A]. Unless coordinated through the Accessibility Services Office or the Marketing and Communications Office, video recordings are prohibited due to the requirement to receive prior, explicit permission of all individuals captured by the video. Violations of this policy may constitute copyright infringement in violation of federal or state law, and may be subject to College disciplinary action.

Policy: Students may not audio record any portion of a lecture, class discussion or course-related activity without the prior and explicit permission of the course instructor, unless the audio recording is part of an accommodation coordinated through the Accessibility Services Office. Permission of recording is not a transfer of any copyrights in the recording or related course materials.  Approved audio recordings are solely for the purpose of individual or group study with other students enrolled in the same class.  Recordings cannot be reproduced, transferred, distributed or displayed in any public or commercial manner and cannot be posted on any website or social media site. Video recordings are prohibited unless coordinated through the Accessibility Services Office or the Marketing and Communications Office.

Processes and Procedures:

• Instructor Allowed Recordings: Instructors who choose to allow audio recordings will explicitly state so at the beginning of the semester/course by including the exact language provided in Attachment A in the course syllabus. This serves as notice to the students in the classroom. 
• Guest Speakers: Instructors who have allowed audio recordings in their classroom will inform any guest speaker(s) that their presentations may be recorded by students attending the class. 
• Recordings as an Accommodation: 
  • Students who receive approval for a recording accommodation will receive a letter in writing from the Accessibility Services Office to record any and all lectures as a reasonable accommodation in accordance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.  
  • The student is responsible for providing the recording accommodation letter to the instructor(s). The student cannot begin recording a class lecture until the letter has been provided. 
  • Any questions from faculty regarding the letter should be directed to the Director of Accessibility Services.
• Exception: Recording in a classroom [audio and/or video] for marketing and promotion purposes, by authorized College staff and/or contractors is allowed, with the permission of the individuals captured, following the standard operating procedure of the Marketing Department.  

Policy Violations: 

• If a suspected, unauthorized recording has been made or an improper use of a recording has occurred, an instructor will make a report to their Division Chair, who will notify the Dean for Academic Initiatives. 
• The Dean for Academic Initiatives will conduct an investigation in accordance with the Violations of the Code of Conduct policy located in the Student Handbook.

History: 

In 2017, the Executive Committee of the College Assembly charged the Administrative Affairs and Student Affairs Committees to research policy for student recording in class. The Committees provided policy recommendations that the College’s legal counsel reviewed and provided guidance on. President’s Staff reviewed the draft policy, which was provided to the Executive Council of the College Assembly.  Governance feedback was returned from the Student Affairs and Administrative Affairs Committees. The feedback and revised policy were reviewed by President’s Staff. This is the first Recording in Classrooms policy. This policy was approved by the President on     2/13/19. 

A Language for Course Syllabi:  

Audio recordings of class discussion, lecture or course-related learning activity are allowed solely for the purpose of individual or group study with other students enrolled in this class.  Audio recordings must be destroyed at the end of the semester.  Video recordings are prohibited unless coordinated through the Accessibility Services Office or the Marketing and Communications Office.