Mildred Elley Policies on Sexual Violence Prevention and Response

 

Code of Student Conduct

Mildred Elley takes pride in preparing students for professional positions in the workforce and for future higher education.  The college expects students to adhere to the Code of Student Conduct and, in so doing, comport themselves in a manner consistent with the highest professional standards.  Students are expected to treat fellow students, faculty, and staff with respect and maintain a collegial rapport at all times.  Students who fail to comply with any policies of conduct set forth in this catalog may be subject to disciplinary action that could include dismissal from the school.  All students are required to read and sign the student conduct policy upon admission to the institution.

 

Students’ Bill of Rights

Mildred Elley is committed to providing assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in college programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus or off campus:

All students have the right to:

  1. Make a report to local law enforcement and/or state police;
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal 12 justice process free from pressure by the institution;
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
  6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
  9. Access to at least one level of appeal of a determination;
  10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Victims/survivors have many options that can be pursued simultaneously, including reporting the incident to the Campus President or local law enforcement agencies by dialing 911.

 

 Definition of Affirmative Consent

 

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

  1. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
  2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  3. Consent may be initially given but withdrawn at any time.
  4. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
  5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
  6. When consent is withdrawn or can no longer be given, sexual activity must stop.

 

Policies on Sexual Violence Prevention and Response

Mildred Elley has a strong commitment to the issue of respect, including respect for each person’s personal and sexual boundaries.  Sexual harassment may include:  the use of one’s authority or power to coerce another person into unwanted sexual relations or to punish another person for his/her refusal; or, the creation by a member of the college community of an intimidating, hostile, or offensive working/educational environment through repetitive verbal/physical conduct of a sexual nature.  Such conduct is a violation Mildred Elley policy and will not be tolerated.

To make the college as safe as possible, all suspected violations of this policy should be reported directly to the Campus President.  When a suspected violation is reported, the following actions may be considered, as appropriate.  These options include, in no particular order, but are not limited to:  directly confronting the alleged offender; having the Campus President talk to the alleged offender; having appropriate mediation with the alleged offender; filing a formal complaint; filing an anonymous or confidential complaint; or, filing a police report (if the alleged offense is against the law).  The college encourages members of the campus community to report suspected violations as soon as reasonable after an alleged violation has occurred.

 

Confidential Disclosure

If a reporting individual discloses an  incident  to an institution employee who is responsible for responding to or reporting  domestic  violence,  dating  violence,  stalking,  or  sexual   assault  but  wishes  to maintain confidentiality or does not consent to the institution’s request to initiate an  investigation,  the  Title  IX Coordinator will weigh the request against the institution’s obligation to provide a safe, non-discriminatory environment for all members of its community.

Even Mildred Elley offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

 

Right to Report an Incident

You have the right to report any incident to campus security, local law enforcement, and/or the state police. Examples of reporting entities are listed below. Please note that this is not a comprehensive list of reporting entities but is illustrative of reporting entities near the institution.

Title IX Coordinator:  Annette Jeffes, (518) 786-0855 X 1351, ajeffes@mildred-elley.edu

Campus Security: Mr. Joe Moltzen, (518) 786-0855 X 1429

Law Enforcement:

Albany Police Non-Emergency Number:  (518) 438-4000, Emergency:  Call 911

https://www.albanyny.org/Government/Departments/PoliceDepartment.aspx

State Police Contact your Local Troop Headquarters:  Troop G:  518-783-3211, Emergency:  Call 911, https://www.troopers.ny.gov/

Crisis Centers

Albany Rape Crisis Center Harold L. Joyce Albany County Office Building 112, State St room 1118, Albany, NY 12207, 518-447-7100, 24 Hour Sexual Assault Hotline:  518-447-7716, cvsvc@albanycounty.com

NYS Coalition against Sexual Assault           28 Essex St, Albany, NY 12206, (518) 482-4222, http://nyscasa.org/

Capital District Psychiatric Center 75 New Scotland Ave, Albany, NY 12208, (518) 549-6000 https://www.omh.ny.gov/omhweb/facilities/cdpc/

Mental Health Association of Albany County  677 Broadway, Albany, NY 12207 or 175 Green St., Albany, NY 12202, 518-447-4537, Psychiatric Crisis Services:  518-549-6500

http://www.albanycounty.com/Government/Departments/DepartmentofMentalHealth.aspx

The Suicide Prevention Center of New York 150 Broadway #301, Menands, NY 12204, (518) 402-1156, https://www.preventsuicideny.org/

 

Please note that every student has the following rights:

  • Disclose confidentially the incident to institution representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals;
  • Disclose confidentially the incident and obtain services from the state or local government;
  • Disclose the incident to institution representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals;
  • File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance. Reports shall be investigated in accordance with institution policy and a reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy;
  • Disclose, if the accused is an employee of the institution, the incident to the institution’s human resources authority or the right to request that a confidential or private employee assist in reporting to the appropriate human resources authority;
  • Receive assistance from appropriate institution representatives in initiating legal proceedings in family court or civil court; and
  • Withdraw a complaint or involvement from the institution process at any time.
  • You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.

 

 Rights Protections and Accomodations

In addition the above mentioned rights, every individuals is provided the following protections and accommodations:

  • Both the accused or respondent and the reporting individual shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request.
  • To be assisted by the institution’s police or security forces, if applicable, or other officials in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order;
  • To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension;
  • To receive assistance to call on and assist local law enforcement in effecting an arrest for violating such an order, provided that nothing in this article shall limit current law enforcement jurisdiction and procedures;
  • When the accused or respondent is a student determined to present a continuing threat to the health and safety of the community, to subject the accused or respondent to interim suspension pending the outcome of a judicial or conduct process consistent with this article and the institution’s policies and procedures. Both the accused or respondent and the reporting individual shall, upon request and consistent with the institution’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of his or her request;
  • When the accused is not a student but is a member of the institution’s community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and rules and policies of the institution;
  • To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation or other applicable arrangements in order to help ensure safety, prevent retaliation and avoid an ongoing hostile environment, consistent with the institution’s policies and procedures. Both the accused or respondent and the reporting individual shall, upon request and consistent with the institution’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, and shall be allowed to submit evidence in support of his or her request.

 

Rights to Proceedings

Every student be afforded the following rights regarding proceedings related to an incident or alleged incident of sexual misconduct:

  • The right to request that student conduct charges be filed against the accused in proceedings governed by this article and the procedures established by the institution’s rules.
  • The right to a process in all student judicial or conduct cases, where a student is accused of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate the institution’s code of conduct, that includes, at a minimum:
    • Notice to a respondent describing the date, time, location and factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions;
  • An opportunity to offer evidence during an investigation, and to present evidence and testimony at a hearing, where appropriate, and have access to a full and fair record of any such hearing, which shall be preserved and maintained for at least five years from such a hearing and may include a transcript, recording or other appropriate record; and
  • Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest. In order to effectuate an appeal, a respondent and reporting individual in such cases shall receive written notice of the findings of fact, the decision and the sanction, if any, as well as the rationale for the decision and sanction. In such cases, any rights provided to a reporting individual must be similarly provided to a respondent and any rights provided to a respondent must be similarly provided to a reporting individual.
  • For the respondent, accused, and reporting individual to 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 during all meetings and hearings related to such process. Rules for participation of such advisor shall be established in the code of conduct.
  • To a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made pursuant to the provisions of this article and the institution’s policies and procedures, and other issues including, but not limited to domestic violence, dating violence, stalking or sexual assault.
  • To an investigation and process that is fair, impartial and provides a meaningful opportunity to be heard, and that is not conducted by individuals with a conflict of interest.
  • To have the institution’s judicial or conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten days except when law enforcement specifically requests and justifies a longer delay.
  • To review and present available evidence in the case file, or otherwise in the possession or control of the institution, and relevant to the conduct case, consistent with institution policies and procedures.
  • To exclude their own prior sexual history with persons other than the other party in the judicial or conduct process or their own mental health diagnosis and/or treatment from admittance in the institution disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.
  • To receive written or electronic notice, provided in advance pursuant to the college or university policy and reasonable under the circumstances, of any meeting they are required to or are eligible to attend, of the specific rule, rules or laws alleged to have been violated and in what manner, and the sanction or sanctions that may be imposed on the respondent based upon the outcome of the judicial or conduct process, at which time the designated hearing or investigatory officer or panel shall provide a written statement detailing the factual findings supporting the determination and the rationale for the sanction imposed.
  • To make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
  • To simultaneous (among the parties) written or electronic notification of the outcome of a judicial or conduct process, including the sanction or sanctions.
  • To be informed of the sanction or sanctions that may be imposed on the respondent based upon the outcome of the judicial or conduct process and the rationale for the actual sanction imposed.
  • To choose whether to disclose or discuss the outcome of a conduct or judicial process.
  • To have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

 

 Rights to Investigation of an Incident

If the institution determines that an investigation is required, it will notify the reporting individuals and take immediate action as necessary to protect and assist them.

The institution will seek consent from reporting individuals prior to conducting an investigation. Declining to consent to an investigation shall be honored unless the institution determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to the reporting individual or other members of the community. Honoring such a request may limit the institution’s ability to meaningfully investigate and pursue conduct action against an accused individual. Factors used to determine whether to honor such a request include, but are not limited to:

  • Whether the accused has a history of violent behavior or is a repeat offender;
  • Whether the incident represents escalation in unlawful conduct on behalf of the accused from previously noted behavior;
  • The increased risk that the accused will commit additional acts of violence;
  • Whether the accused used a weapon or force;
  • Whether the reporting individual is a minor; and
  • Whether the institution possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group.

Freedom from Harassment Policy

Mildred Elley is committed to the fundamental belief that all people should be treated with dignity and respect.  Harassment will not be tolerated in any context.  All members of the college community have a basic right to work and learn in a comfortable environment, free from derogatory remarks, unwelcome sexual advances, or any other verbal or physical conduct constituting harassment on the basis of race, sexual orientation, religion, disability, veterans’ status, or any other category covered under federal, state, or local law.

Students, faculty, or staff who feel they have been harassed should direct their complaint to the Campus President.  College officials will act on all complaints within fifteen (15) business days after receipt of the report.  Informal resolution including mediation may be attempted before formal proceedings occur.

Formal complaints will include a written complaint and an investigation by appointed school officials.  Investigations may include talking to witnesses and taking written statements from all parties involved.  At the conclusion of the investigation, a report will be filed that will include recommendations for actions regarding the complaint.  If it is determined that a party is responsible for such infractions, it is grounds for disciplinary action against that party, which may include the party’s removal from the campus via expulsion or termination of employment, as applicable.

 

Bias-Related Crimes

In accordance with its long-standing institutional mission to provide education to students of diverse backgrounds, non-discrimination policies outlined in this catalog, and New York State Education Law Section 6436, the institution strives to create and promote an atmosphere of mutual respect and tolerance among its students, faculty, and staff.

Bias-related crimes are contrary to such atmosphere and the institution strives to educate its students about bias-related crime, promote discussion of such crimes, encourage reporting of incidents of bias related crime, and facilitate prevention of such incidents.  Bias related or hate crime acts are defined as “criminal acts involving violence, intimidation and destruction of property based upon bias and prejudice… [where] victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation” (New York State Hate Crimes Act of 2000, §485.00).

To this effect, the institution informs all incoming students about bias related crime prevention measures through discussion of this issue at the new student orientation, and includes information about:

  • The applicable laws, ordinances, and regulations on bias-related crime, including the provisions and coverage of the Hate Crimes Act of 2000, as codified in article 485 of the New York Penal Law;
  • The penalties for commission of bias related crime;
  • The procedures in effect at the college for dealing with bias related crime;
  • The availability of counseling and other support services for the victims of bias related crime;
  • The nature of and common circumstances relating to bias related crime on college campuses; and
  • The methods the college employs to advise and to update students about security procedures.

Additionally, the institution maintains a permanent exhibit providing this information on one of its prominently displayed information boards.

Drug Violations

The college prohibits the possession of drugs or alcohol on campus and applies disciplinary action associated with this behavior as outlined in the School Catalog and/or Employee Handbook.

According to the U.S. Department of Education, “a federal or state drug conviction can disqualify a student for federal student aid funds.  Convictions only count against a student for aid eligibility purposes if they were for an offense that occurred during a period of enrollment for which the student was receiving Federal Student Aid.

The period of ineligibility for financial aid funds depends on whether the conviction was for sale or possession, and whether the student had previous offenses.”  (2016-2017 FSA Handbook)

 

 Policy for Alcohol and/or Drug Use Amnesty 

The health and safety of every student at Mildred Elley is of utmost importance. Mildred Elley recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Mildred Elley strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Mildred Elley officials or law enforcement will not be subject to Mildred Elley’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.”

 

 Transcript Notation Policy

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), Mildred Elley shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.”  A student may appeal the inclusion of the required notation by following the Institutional Grievance and Decision Appeal Procedures outlined on pages 37-4012 (Albany Catalog) and pages 32-34 (NYC Metro Catalog).

 

Social Media Policy

Social media are media designed to be disseminated through social interaction on the Internet, created using highly accessible and scalable publishing techniques, and published in blogs, social networking sites, online chat rooms and forums, video sites, and other platforms and venues. Mildred Elley values the use of social media, such as Facebook, LinkedIn, Twitter, YouTube, texting, blogs, and online discussion groups (among many other forms), to promote positive social interaction. However, Mildred Elley also recognizes the potential danger for misuse, inappropriate behavior, and abuse. Therefore, students presently enrolled at Mildred Elley must know that they are liable and responsible for anything they post to social media sites.

 

Students are prohibited from posting confidential or proprietary information about the school, its students, faculty or staff members on a social media site.  Students are prohibited from sharing, disseminating or transmitting electronic information that reveals any private or confidential information they may have learned about others (including patients) during their tenure at the school or externship sites. Applicable federal and state requirements, such as FERPA and HIPAA, are to be followed at all time.  When participating in any form of social media, students are encouraged not to misrepresent themselves, and to make postings that are both meaningful and respectful without any kind of slanderous or offensive language that may be aimed at any member or group of the college community.  The use of any social media sites to harass, intimidate or bully a fellow student, faculty, member of the college and/or affiliate is strictly prohibited and will not be tolerated.  When posting on social media sites, students must be mindful of all copyright and intellectual property rights, especially those reserved by the school.  The use of the school logo, image, or iconography on personal social media sites to endorse a particular political party or candidate or to promote a product, cause, or event is strictly prohibited.  Students are encouraged to present themselves in a professional manner when using social media.  Students are expected to obey the Terms of Service of any social media site.  Students who violate this policy may face disciplinary actions, up to and including dismissal from school.

 

Policy on the Video and Audio Recording of Classroom Lectures

Students are not permitted to record classroom lectures using personally owned recording devices (e.g. iPod, video/camera phone, digital recorder, etc.) unless permission is obtained from the instructor and there are no objections from any of the students present in the class. Permission to record a classroom lecture that an instructor grants to a student is limited to the student’s own personal use and is for educational purposes only.

If a student receives permission from a faculty member to record a lecture and there are no student objections, downloading such a recording to a computer or other electronic device, distributing the recording or derivative work of the recording to any other person, or using the recording for any purpose other than the student’s own personal education is prohibited unless written permission is obtained from the faculty member and the students participating in the recording. Unauthorized downloading, file sharing or distribution of all or any portion of a recorded classroom lecture will be deemed a violation of the Student Code of Conduct and may be subject to disciplinary action as outlined in the college catalog.

Students may record a classroom lecture as part of an accommodation under the Americans with Disabilities Act. Permission should be coordinated among Office of Academic Support and Advising, the faculty member and student.

 

Institutional Grievance and Decision Appeal Procedures

The institutional grievance and decision appeal procedures provide for the prompt and equitable resolution of a complaint from an individual either currently or formerly associated with Mildred Elley.  Any person who files a complaint is assured that the institution will not take action, either overt or covert, against that person for filing said complaint and that provision for the final determination of each formal complaint will be made by an impartial party who is not directly involved in the alleged grievance.

The grievance and appeal procedures applies in a variety of situations.  These situations include appeals of grades, transfer credit decisions, and other situations where the complaining party believes they might have been treated unfairly and/or in violation of the institutional policies, or where special consideration might be warranted due to extenuating circumstances.

The institution and its officials will make the best effort to resolve grievances and appeals of institutional decision in an expeditious, equitable, and fair manner.

The following grievance procedures have been developed for student use should a problem arise:

Step 1.    A student with a grievance should attempt to discuss the matter in an informal manner and reach a resolution with the instructor.  The next step, should the matter remain unresolved, is to discuss the matter with the student’s advisor (usually, the Department Chair for the program of enrollment).  Students whose complaint concerns a matter not specific to a given course will begin the grievance/appeal process at the student’s advisor level.

Step 2.    If the problem cannot be resolved at the student advisor’s level, the student should then submit the matter to the Dean of Academic Affairs in writing.  The letter describing the grievance should contain pertinent facts and be signed by the complainant.  The Dean will consider the grievance within fifteen (15) business days from the date it was received, and communicate the decision to the complainant in writing within five (5) business days from the date the decision was made.

Step 3:    The student may appeal the decision of the Dean of Academic Affairs in writing to the Campus President within ten (10) business days from the date the decision was mailed or communicated to the student. The campus President will consider the appeal within fifteen (15) business days from the date it was received and communicate the decision to the complainant in writing within five (5) business days from the date the decision was made. The Campus President’s decision shall be final.

Any student with a grievance that he/she cannot resolve through the college may contact the New York State Education Department, Professional Education Program Review, Education Building, 89 Washington Avenue, 2nd floor, West Wing, Albany, New York 12234, www.nysed.gov; or the Accrediting Bureau of Health Education Schools, 7777 Leesburg Pike, Suite 314, N. Falls Church, VA   22043, and website:  www.abhes.org

 

Disciplinary Policy and Action Process

The Campus is committed to maintaining a community environment that fosters respect for the dignity and worth of every person.

The Campus expects all members of the community to demonstrate respect for themselves and others. In an educational community, it is critical that respect encompass diversity, differences of opinion, and sensitivity to these differences. The dignity of the individual should never be violated in any way.  The Campus views with seriousness offenses against any person.

Particularly intolerable, in view of the Campus’s commitment to respect the dignity of the individual, are acts of discrimination and discriminatory-based harassment, which are offenses directed against persons because of their race, religion, ethnicity, national origin, gender, age, sexual orientation, gender identity, marital status, veteran status, disability, predisposing genetic characteristics, domestic violence victim status or other basis identified in federal or state law.

Discrimination and discriminatory-based harassment (sometimes referred to as “Hate Crimes”) are unethical and unprofessional, and they are incompatible with The Campus’s commitment to educational equity.  Any form of such behavior toward any member of the Campus community (students, staff, faculty, or administrators) will be subject to investigation in accordance with The Campus’ Human Rights Policy and Procedures established in conformity with the Violence Against Women Act and published at http://www.mildred-elley.edu/admissions/disclosures.

 

Grounds for Disciplinary Action

The institution may take disciplinary action against students for a variety of reasons, including not only commission of the acts described below, but also an attempt to commit such an action or soliciting another member of the college community to do so.  Grounds for disciplinary action may include:

  1. Conduct in violation of any federal, state, or local law;
  2. Conduct that disrupts or interferes with educational processes and operations of the institution or the institution’s faculty, administration, and staff in performance of their duties;
  3. Conduct that violates, endangers, or has the potential to endanger safety and security of the institution and the members of the institutional community, including visitors, students, faculty, administration, and staff members;
  4. Conduct that violates property rights of the institution and the members of the institutional community, such as theft of property or identity, possession of stolen property, unauthorized access to the institutional property and facilities, use of institutional property (such as computers) to commit such acts, or refusal to leave the institution’s premises (including parking lot and auxiliary buildings) when ordered to do so by a person in authority;
  5. Use, distribution, or possession of alcohol, illegal drugs, or illegal controlled substances on campus; Use, possession, or storage of dangerous weapons, chemicals, explosive materials or devices on the institution’s premises; Gambling on the institution’s premises (including parking lot and auxiliary buildings);
  6. Academic dishonesty, as defined elsewhere in the catalog, or engagement in acts that can be construed as copyright infringement;
  7. Disorderly, lewd, or indecent conduct; use of profanity, hate speech, or vulgar language; bullying, harassment, hazing, assault and/or sexual assault of members of institutional community, including but not limited to visitors, students, faculty, administration, and staff members;
  8. Failure to pay or honor financial obligations to the institution; or
  9. Failure to comply with the Code of Student Conduct.

Disciplinary Actions

The college may take any of the actions or combinations of actions below against the student as a result of its disciplinary proceedings:

  1. Disciplinary Warning: The institution will warn the student in writing that the behavior is in violation of the institution’s rules and that engaging in such behavior in the future will lead to more serious actions;
  2. Disciplinary Suspension: The institution will require the student to separate from the institution for a prescribed period of time (such as one academic term or longer);
  3. Dismissal from the Institution: The student will be permanently separated from the institution and be ineligible for readmission to the institution.  The student is required to leave the institution per directions provided by the institution, and may not re-enter the institution’s campus (including parking lot and auxiliary buildings) without a prior written permission from the Dean of Academic Affairs.
  4. Reduced or Failing Grades for Assignments, Assessments, or Courses: This action will be taken in cases of academic dishonesty in affected coursework.
  5. Alternative Action: The institution may require the student to take alternative actions, such as formal apologies, completion of training or service to the institutional community, counseling, training, assessment, or other actions it determines fit.

The institution is not obliged to use progressive discipline, and may take any action it determines an appropriate remedy for the infraction.  A student may be dismissed after a single incident of non-compliance with the institution’s policies.

In cases of student’s separation from the institution, tuition shall be refunded in accordance with the terms of the stated refund policy.

 

Disciplinary Process

  1. Initiation of Charges: Disciplinary charges will be initiated by submitting a written referral to the Dean of Academic Affairs.  The referral must state sufficient facts, including specific names(s), date(s), locations, and descriptions of the alleged act(s) of misconduct to enable the Dean to decide whether further fact-finding is necessary.  The referral cannot be anonymous.
  2. Interim Action: At any time following the submission of a written referral, the Dean of Academic Affairs may temporarily suspend the student prior to resolution of the disciplinary proceeding if the Dean believes that the information that supports the allegations of misconduct is reliable, and determines that the continued presence of the student on the institution’s campus poses a threat to any individual, property, or institutional function.
  3. Review and Decision by the Dean: The Dean of Academic Affairs will, considering all evidence gathered, make a decision of the disciplinary actions needed within fifteen (15) business days of the receipt of the initial written referral.  A letter detailing the decision will be placed in the student file within the next five (5) business days following the date of the decision and a copy will be forwarded to the student by mail.  The Dean will additionally notify the student in writing if any suspensions or interim suspensions have been lifted.
  4. Appeal Process: Students who wish to appeal any decision of the Dean of Academic Affairs must do so to the Campus President in writing and signed within ten (10) business days from the day the decision was mailed to the student. The student must state why an appeal should be considered and include any additional evidence that may not have been taken into consideration.  The Campus President will consider the situation, evidence, and documentation in order to make the final decision regarding the student status within ten (10) business days of the receipt of the appeal.  Decisions made by the Campus President will be communicated to the student in writing by mail within five (5) business days following the date of the decision.  The decision made by the Campus President is considered to be final.

 

Sexual Violence Prevention and Response Campus Climate Assessment Summary Results

In accordance with New York State Education Law 129B, the enrolled students at the New York campuses of Mildred Elley participated in campus climate assessment to ascertain general awareness and knowledge of the provisions of Article 129B, including student experience with and knowledge of reporting and college adjudicatory processes.  The summary results of this campus climate assessment are as follows:

Title IX Coordinator’s Role

  • 19% of participating students were aware that there is a Title IX Coordinator at Mildred Elley.
  • 15% of participating students agreed that they understand the role of the Title IX Coordinator at Mildred Elley.

Campus Policies & General Awareness

  • 71% of participating students agreed that they are aware of the institution’s policies and procedures addressing sexual assault
  • 62% of participating students agreed that they are aware of the differences between Mildred Elley’s policies and the Penal Law (New York State Law) related to sexual assault.

Reporting of Sexual Violence Related Incidents

  • 70% of participating students agreed that they are aware of how/where to report a sexual assault, domestic violence, or stalking.

Resources Related to Sexual Violence Incidents

  • 56% of participating students agreed that they were aware of the resources available to them on campus
  • 69% of participating students were aware of the resources available in the community.

Bystander Attitudes and Behavior

  • 63% of participating students agreed that students share responsibility for helping to address sexual assault at Mildred Elley.
  • 85% of participating students agreed that doing something about sexual assault is not solely the job of the College; it includes students.
  • 95% of participating students agreed that students should learn how to identify and help stop a sexual assault from occurring.
  • 75% of participating students agreed that the institution would be supportive of the student; would take steps to protect the safety of the student; handle the report fairly; and maintain privacy of the student during the reporting of a sexual assault.
  • 62% of participating students thought it was likely that a fellow student would do something if they heard someone cry for help, assist a friend getting resources after an assault, confront a friend who talked about having sex with someone without consent, help a drunk person avoid a possible assault, and would provide campus authorities information regarding an assault.

Prevalence of Victimization & Disclosure of Sexual Violence Incidents

  • 4% of participating students agreed that in the last 12-months they had experienced some type of sexual assault/harassment/stalking and/or know someone who has.
  • For the most recent incident, the 7% of participating students described their relationship to the person(s) at the time of the incident as a fellow student.
  • 4% of participating students indicated that they told a peer advisor/educator about the most recent incident.
  • In response to the most recent incident, 91% of participating students were not sure or preferred not to answer why they decided not to report their incident.

Affirmative Consent

  • 78% of participating students stated that they were aware of affirmative consent prior to this survey.
  • 6% of participating students still stated that someone who is intoxicated can provide consent.