̨��Swag

Students are entitled to reasonable accommodation of pregnancy- and childbirth-related needs. Students may be absent from classes for as long as the student's doctor deems medically necessary and will be allowed the opportunity to make up any work missed. Alternatives to making up work may be offered as appropriate, including retaking a semester or additional time in a program to continue at the same pace and finish at a later date. Any questions about a student's rights and responsibilities in this regard may be directed to the Assistant Vice President for Student Success at 716-839-8228 or the VP Institutional Equity & Belonging (who also serves as the University’s Equal Employment Officer [EEO]) at 716-839-7699.
  
Students are entitled to receive  reasonable break time to address lactation needs in a clean, private location. Appropriate on-campus space is provided for nursing mothers:contact the Coordinator of the CHIP Center in the John R. Yurtchuk Student Center.
 

̨��Swag complies with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and applicable state and local laws providing for nondiscrimination against qualified individuals with disabilities. This policy applies to participation in all University programs and activities. ̨��Swag will also provide reasonable accommodations for qualified individuals with disabilities so that they may participate at a level equivalent with that of non-disabled students. In this connection, ̨��Swag has established an accommodation assessment procedure for evaluation of requested accommodation in light of legal guidelines.

It is ̨��Swag's policy to:

1. Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in the admissions process and that qualified students with disabilities are treated in a nondiscriminatory manner with respect to all services, programs, and activities.
2. Keep all medically related information confidential in accordance with the requirements of the Rehabilitation Act, the Americans with Disabilities Act, and the Family Educational Rights and Privacy Act.
3. Provide qualified applicants and students with disabilities with reasonable accommodation, except where such an accommodation would create an undue hardship for the University.
4. Notify individuals with disabilities that the University provides reasonable accommodations to qualified individuals with disabilities by including this policy in the University Catalog and the Student Handbook.

Procedure for Requesting an Accommodation
If a qualified applicant for admission to the University or a student of the University anticipates a need for an accommodation to complete a course of study or to participate in a University program or activity (e.g., student housing), the request for accommodation should be brought to the attention of the Accessibility Services Office. Where the disability or the need for an accommodation is not obvious, the individual may be required to provide current evidence of the disability and the limitations that require accommodation. Accessibility Services will discuss with the applicant or student the limitation resulting from the disability and the potential reasonable accommodations that the University might make. Accessibility Services staff may also consult as needed with  Sabrina Fennell, who is both the Assistant Vice President for Student Success and the University’s 504/ADA Officer. 

The University has established specific guidelines for the documentation of disabilities; the guidelines may be obtained from the Accessibility Services Office, or from the University's website.

The Office for Accessibility Services, in conjunction with the appropriate faculty, the 504/ADA Coordinator, and, if necessary, a professional evaluator retained by the University, will determine the feasibility of the requested accommodation, considering various factors including, but not limited to, the nature and the cost of the accommodation and whether the accommodation will impact the fundamental nature of the course or program. The applicant/student will be informed of the University's decision on the accommodation request. If a student is not satisfied with the determination made by the University with respect to the request for accommodation, the student may file a grievance pursuant to the University's Grievance Procedure in Discrimination Cases, a copy of which may be found in the Student Handbook or obtained from the Student Success Center.

Procedure for Receiving Approved Accommodations
Accessibility Services will give the student an Accommodation Form specifying the accommodations approved by the University. It is the student's right and responsibility to request approved accommodations in University programs, activities, or services. In keeping with the University's nondiscrimination policy, accommodations are to be made only at the request of the student, not assumed or imposed by other parties. The student shall present their Accommodation Form to the appropriate faculty member or administrator to substantiate a request for accommodation. Accommodations should not be provided to students without evidence that the accommodation has been approved by the University. A student lacking such documentation should be referred to Accessibility Services according to the above procedure for requesting an accommodation.

Should any problem arise in securing an approved accommodation, the student should bring the problem to the immediate attention of the 504/ADA Officer, who will assist in resolving the matter. In addition, any member of the University community with questions or concerns about the University's disability policy and procedures should contact the 504/ADA Officer. Retaliation against students, applicants, or employees for exercising their rights under this policy is strictly prohibited and will not be tolerated. Claims of retaliation should be reported to the 504/ADA Officer.
 

Student Activities
̨��Swag allows students who comply with the New York State minimum drinking age of 21 years of age to consume alcohol as a privilege, but not as a right, and within specified guidelines and limitations, at certain University events, as determined by the Director of Student Activities. These events are generally limited to those where a significant number of students over the age of 21 are anticipated to attend.

The University expects that students who choose to consume alcohol will do so responsibly. Individuals or groups who conduct themselves in a disorderly manner, destroy property, or infringe upon the rights of others are accountable for their behavior and will be subject to campus disciplinary action and/or appropriate civil or criminal actions. In other words, drunkenness is a problem, not an excuse for one. These policies and regulations apply to all members of the University community and their invited guests:

1. All alcoholic beverages are to be provided by ̨��Swag Dining Service at all events approved for alcohol service.
2. All student social functions involving alcohol are usually limited to members of the ̨��Swag community and their escorted guests. Students are liable for the actions of their guests. The Director of Student Activities will generally refuse alcohol requests for events where unescorted visitors may be expected. The Director may refuse entry of any person to any University event.
3. Alcohol abuse will not be tolerated. Alcohol may not be offered as a prize or reward, or consumed in contests. Social participants are allowed to purchase no more than one (1) alcoholic drink at a time (or at the discretion of the Director of Student Activities). 
4. Dining Service bartenders, campus safety officers, group advisors, the Director of Student Activities, and/or any appropriate individual acting in their official capacity within the Division of Student Affairs has authority to refuse the purchase of alcohol by any person who appears to be intoxicated or troublesome. Such a person may be required to leave a social event.
5. Aside from the specifications permitting alcohol at certain student activities, and the guidelines for alcohol permitted in the residence halls listed in this Student Handbook, alcohol cannot be consumed on campus grounds or in private automobiles while on campus grounds.

̨��Swag recognized student organizations are not permitted to host events on campus or off campus where the primary focus is the consumption of alcohol. This typically refers to bar parties or fundraisers where persons pay a cover charge and alcoholic beverages are provided free or at a reduced fee. The intent of this policy is to prevent and discourage events that promote alcohol abuse (binge drinking, underage drinking, DWI) and to reduce the risk of liability faced by student organizations and their officers when holding these types of events.

Residence Halls
See specific alcohol policy as outlined in the Residential Living Section (Section 4) of this Handbook.

̨��Swag Drug and Alcohol Abuse Prevention Policy
Pursuant to the U.S. Department of Education Regulations implementing the Drug-Free Schools and Communities Act Amendments of 1989, ̨��Swag establishes the following policy and regulations:

Policy Statement: ̨��Swag endeavors to establish for its students, faculty and staff an environment in which the misuse of alcohol and drugs is minimized, which encourages moderation, safety and personal accountability, and which provides an atmosphere free of coercion and peer pressure to abuse alcohol or use illegal drugs. The University strongly believes and encourages the use of treatment and educational programs as the most effective means to reduce and prevent substance abuse of any kind. All members of the ̨��Swag community should exercise sound judgment and be mindful of their personal health, safety and well-being, as well as that of their friends and guests, by observing all laws regulating drug and alcohol and the University rules expressed in this Policy and elsewhere in this Handbook.

Standards of Conduct: The unlawful possession, use, or distribution of alcohol and illegal drugs by students and employees on university property or while engaged in University activities off the University campus is prohibited. While the University permits the lawful use of alcohol by students and guests on campus in accordance with the University alcohol policy (see the following section), any abuse of this privilege will be subject to University disciplinary action and/or appropriate criminal sanctions.

Legal Sanctions Regarding Alcohol: Under New York State law it is illegal:

• To provide alcohol to persons under the age of 21 or to persons who are visibly intoxicated. Providing alcohol to persons under the age of 21 is a Class A misdemeanor which is punishable by imprisonment for up to one year in jail, a fine, and/or three or more years of probation;
• To misrepresent the age of a person under the age of 21 for the purpose of inducing a sale of alcohol. Those found guilty of violating this law shall be punished by a fine of not more than $200, or by imprisonment for not more than five days, or by both fine and imprisonment;
• For a person under the age of 21 to possess alcohol with the intent to consume it. Those found guilty of violating this law shall be punished by a fine of not more than $50 and/or required to complete an alcohol awareness program and/or required to provide up to 30 hours of community service;
• For any person under the age of 21 to present or offer any written evidence of age which is false, fraudulent or not actually their own, for the purpose of purchasing or attempting to purchase alcohol. Those found guilty of violating this law shall be punished by a fine of not more than $100, and/or required to complete an alcohol awareness program and/or required to provide up to 30 hours of community service. Additionally, if it is found that a New York State driver's license was the written evidence of age used for the purpose of the purchase or attempted purchase, the person's license to drive a motor vehicle may be suspended for 90 days. Lastly, alteration of the required forms of identification (driver's license, passport or armed forces ID card) may constitute "possession of a forged instrument…with intent to defraud," which is a Class D felony under New York State penal law.

Legal Consequences of Operating a Vehicle While Under the Influence of Alcohol or Drugs

• Operating a Motor Vehicle After Consuming Alcohol While Under Age 21. Any person under age 21 who operates a motor vehicle after having consumed alcohol, as determined by a blood-alcohol content of at least .02%, may be referred to the Department of Motor Vehicles for license suspension or revocation, suspension fee, and a $125 charge. V&T Law § 1192-a.
• Driving While Ability Impaired (DWAI) (more than .05% but less than .08% Blood Alcohol Content (B.A.C.). First violation (Traffic Infraction): Mandatory $300-$500 fine and/or imprisonment up to 15 days; mandatory 90-day license revocation. Subsequent violations increase the fine, possible imprisonment, and length of revocation.
• Driving While Intoxicated (DWI) (.08% B.A.C. or higher or while impaired by the use of a drug) 1st Violation (Misdemeanor): Mandatory $500-$1,000 fine and/or 1 year imprisonment; Mandatory 6-month minimum license revocation. Two violations within 10 years can result in jail for up to 4 years, a 1-year revocation of your license to drive, and $1,000- $5,000 fine. If there is personal injury, a possible lifetime revocation can result.
• If you are under the age of 21 and charged with DWAI or DWI and you are convicted of such charges, your license will be revoked for a minimum of one (1) year. If you drive while your license is suspended or revoked, or if you refuse a chemical test, you face a mandatory jail term of 7–180 days and a mandatory fine of $500–$1,000.

Drugs
There are several New York State and Federal laws prohibiting the use and/or sale of controlled substances (drugs such as marijuana, heroin, cocaine, PCP, LSD, methamphetamine and fentanyl). Misuse and sale of prescription medications is also prohibited. Prescriptions are meant to be used only by the person for whom the prescription is written and/or as prescribed. A conviction can result in a substantial fine and/or a lengthy imprisonment. Remember that the conviction of a crime will remain on your record and can impact your ability to find suitable employment or get a professional license and can impair your ability to travel.

New York State has decriminalized marijuana, which is not the same as indicating its legality. Possession of less than 25 grams is considered a violation and carries a fine of up to $100 with increased fines for repeat offenders. Additional charges/penalties and fines increase depending on the quantity over 25 grams.

Prescription medication, including medical marijuana, must be labeled as such and remain in the possession of the person for whom it was prescribed.

̨��Swag Sanctions
Members of the University community who violate these policies will be subject to discipline via the Student Code of Conduct. Taking into account the circumstances of each case, sanctions for students may range from warnings to expulsion from the University, and sanctions for faculty and staff members may range from warnings to termination. At the discretion of the University, as an alternative to, or in addition to any disciplinary action taken, students or employees may be required to participate in and to satisfactorily complete an appropriate counseling or rehabilitation program. Records of such discipline may be maintained in a student’s record or an employee’s personnel file. Enforcement of these sanctions will be through the University’s existing disciplinary procedures for students, faculty, and staff, as appropriate. The University reserves the right to require that a student participate in random drug testing, at their own expense, as part of a sanction for being found responsible for a violation of this drug policy and/or if there is reasonable evidence to suggest illegal drug use/abuse.

Health Risks
Abusing drugs and/or alcohol can, among other things, be expensive, cause dependency, make you sick, lower your job performance, put you in prison, and even cost you your life.

Alcohol use will dull your senses, impair coordination, cause you to slur your speech, trigger mood changes, and depress brain functions. It may also lead to stomach irritation, irreversible brain damage, damage to liver, heart, and pancreas, and, for pregnant women, physical harm to your unborn baby.

Drug use may increase your heart rate and blood pressure; cause tremors and convulsions; produce heart, liver, and kidney damage; cause personality changes, confusion, and depression; lead to paranoia and hallucinations; and lower your resistance to disease—including STIs.

The health and safety of every student at the University is of utmost importance. ̨��Swag 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. ̨��Swag 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 Institution's officials or law enforcement will not be subject to the Student 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.

̨��Swag employs an online Bias Reporting Form designed to assist the University in promoting an environment that fosters civility and mutual respect for all. Members of the ̨��Swag community may use the online form to report incidents of bias, misconduct, and harassment. A bias-related incident is motivated by the offender’s bias against a person or group due their actual or perceived:

• Race
• Color
• Ethnicity
• National origin
• Sex
• Gender
• Gender identity or gender expression
• Religion or religious practices
• Age
• Ability
• Sexual orientation
• Marital status
• Familial status
• Pregnancy
• Veteran or military status 
• Ex-offender status

One does not have to be a member of a specific gender, sex, class, or group in order to be a victim of bias, misconduct, or harassment. Additionally, reporters do not need to be victims of bias or misconduct themselves: this form can be used by bystanders to report incidents that they have witnessed or of which they have knowledge.

Any reports submitted will be routed to the appropriate office, typically Student Affairs and the Center for Diversity & Inclusion, which facilitates and adjudicates matters via the Student Code of Conduct, if it involves a student or the Office of Employee Engagement, if it involves an employee. All bias reports will be reviewed promptly. For reports containing contact information, a designated staff member will contact the reporting person and will be available to meet and discuss resources, policies, procedures, and services, with a view to addressing the immediate issue as well as any additional implications for campus climate. Reports and related follow up will be handled as discreetly as possible.

Bias Reports may be submitted anonymously; however, doing so will affect the University’s ability not only to investigate a report but also to provide a successful resolution or outcome.
 
Knowingly falsifying a report is a violation of the Student Code of Conduct as well as Employee Policies and may result in disciplinary action.
 
Members of the campus community may also avail themselves of the Grievance Procedure in Cases of Discrimination and Harassment, which affords a more formal process of investigation and determination of outcome. Filing of a Bias Report does not preclude subsequent use of the Grievance Procedure if the issue remains unresolved. At the discretion of the Grievance Officer, the Bias Report process may be considered to fulfill Step 1 of the Grievance Procedure, which calls for an initial attempt to resolve a complaint informally.

The Jeanne Clery (Clery Act) Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990 requires the distribution of an annual security report to all current faculty, staff, and students, and notice of its availability to prospective students, faculty, and staff. The annual security report includes statistics for the previous three years concerning reported crimes that occurred on campus, in certain off-campus buildings or property owned or controlled by ̨��Swag. The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, and sexual assault. You can obtain a printed copy of this report in the Office of Student Affairs located in the John R. Yurtchuk Student Center.  It may also be viewed and printed on the University’s website at daemen.edu/ASR.

Timely Warning and Emergency Notifications
In an effort to provide timely notice to the ̨��Swag community, and in the event of a serious incident which may pose an ongoing threat to members of the ̨��Swag community, a Safety and Security Alert is sent to all students and employees on campus. The alerts are generally written and distributed to the ̨��Swag community by the Vice President for Student Affairs, or a designee, and they are approved and distributed to the community by members of the President's Cabinet. Any necessary updates to the ̨��Swag community about any particular case resulting in a Safety and Security Alert will be made to the campus community through the ̨��Swag website (“What’s Happening” page), email to the faculty-staff-announce and students-announce listservs, and the mass communication notification system via means selected by students, faculty, staff, and administrators. Other forms may include information posters in key campus locations, including the John R. Yurtchuk Student Center lobby, Canavan Hall lobby, Business Building center lobby, west, east and center doors of Duns Scotus Hall, Campus Village Apartments and Collegiate Village, and other locations. Incidents of aggravated assault and sex offenses are considered on a case-by-case basis, depending on the facts of the case and whether there is a continuing danger to the campus community. For example, if an assault occurs between two students who have a disagreement, there may be no ongoing threat to other ̨��Swag community members and a Safety and Security Alert would not be distributed. The VPSA, or designee, in consultation with appropriate campus personnel, reviews all reports to determine if there is an ongoing threat to the community and if the distribution of a Safety and Security Alert is warranted. Safety and Security Alerts may also be issued for other crime classifications, as deemed necessary.

Annual Security Report
Each year in mid-October, an e-mail notification is made to all enrolled students that provides the website to access the annual security report. Faculty and staff receive similar notification. Copies of the report may also be obtained in the Office of Campus Safety on the first floor of John R. Yurtchuk Student Center. It may also be printed from the website. 

How to Report Criminal Offenses
In an emergency, dial 911. After the emergency is reported, call Campus Safety so they can support emergency responders to best address the situation. Community members can contact the Office of Campus Safety at 716-839-SAFE (7233), 24 hours a day, 7 days a week. Please report to Campus Safety any suspicious activity or person(s) seen loitering in parking lots, around vehicles, in/around campus buildings, or in/around residence halls.
In addition, a crime may be reported to the following: 
Campus Safety                         
716-839-SAFE (7233)
Vice President for Student Affairs
716-839-8519
Director of Community Standards & Student Advocacy
716-839-8200

To contact Amherst Police Department call 716-689-1311 or, in an emergency, dial 911.

Office of Campus Safety
Our Campus Safety Department provides emergency and non-emergency response services 24 hours a day, 7 days a week, and works in close partnership with the Amherst Police Department and emergency response agencies. In addition to being NYS-licensed security guards, our officers are trained and certified in numerous safety-related areas including, but not limited to, basic first aid, CPR/AED, and crisis intervention. All crime victims and witnesses are strongly encouraged to immediately report concerns to the Office of Campus Safety, 716-839-SAFE (7233), and call 911 when necessary. Prompt reporting will assure a timely response and assist with warning notices of on-campus incidents and disclosure of crime statistics.
 

̨��Swag strives to create an environment in which diverse opinions can be expressed and heard in a safe and respectful manner. As a private university, ̨��Swag wants to ensure that all members of our campus community feel empowered to peacefully express their views and opinions, regardless of whether others may disagree with those expressions. This includes the right of protestors to oppose the views or opinions of others, but not in such a way as to limit or prevent the speakers freedom of expression or interfere with university operations.

There may be times that students will choose to dissent with University or public policy and openly demonstrate on campus. Demonstrations may be held on campus as long as they do not disrupt the normal and proper operation of the University. Specifically, disruptions will include activities which:  

1. Interfere with the rights of students, faculty, staff or guests of the University;
2. Disrupt or obstruct educational and other activities of the University;  
3. Obstruct or restrict free movement of persons on any part of the campus;
4. Interfere with the proper use of offices or other facilities to the students faculty, trustees, staff or guests of the University; 
5. Endanger the safety of any person at the University; and/or,
6. Threaten or result in the destruction of property. 

In order to use a campus facility for demonstration purposes, a student group must reserve space as outlined in the Student Activities section of this Handbook. The student group must also register its intent to demonstrate by submitting a letter to the Vice President for Student Affairs (or designee) at least 48 hours prior to the demonstration. The University will insist all planned protests be peaceful and orderly, carried out in accordance with these guidelines and in areas other than faculty and administrative offices, classrooms, libraries and study rooms. Students who violate these guidelines will be subject to disciplinary action.

Regardless of whether a student dissent or demonstration is aimed at the University or an outside entity, ̨��Swag values free speech, expression and an exchange of ideas and therefore, wants to work directly with students as they plan a dissent or demonstration. Students should know, the University will:

• Support planned dissent and/or demonstration as long as it meets the guidelines outlined above and in the Student Handbook and/or does not pose a safety risk to individuals involved or community members.
• Assist with the planning, including providing reserved spaces, resources, support, audio-visual equipment, notifications, and any other reasonable request in line with reservation policies.
• Ensure that other community members with opposing viewpoints do not interfere with a peaceful dissent or demonstration and allow those community members equal opportunity to express those views in a similar forum.
• Protect university and individual property, and the health and well-being of participants.
• Students will NOT be subject to student conduct action for taking part in a peaceful protest, dissent, or demonstration as outlined above.
   

Certain services for student activities may involve the execution of a contract. All contracts for these services with outside vendors must be made through the Office of the Director of Student Activities. No one may commit University monies, facilities, or other resources without the written authorization of the proper University official.

̨��Swag complies with the Family Educational Rights and Privacy Act (FERPA). Pursuant to this law, the University shall maintain the confidentiality of student education records and shall not release them to any person or entity without the written consent of the student except as set forth below. Moreover, the University shall provide students access to their education records pursuant to the procedures outlined in this policy.

"Education records" are the records, files, documents, and other materials maintained by the University, which contain information directly related to a student except:

1. Records of faculty and administration, which are in their sole possession and are not revealed to any persons other than a representative.
2. Records of Campus Safety that were created for law enforcement purposes.
3. Employment records maintained solely for such purpose.
4. Medical records.

The University may include in a student's education records disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student or other members of the University community. Nothing in this policy shall prevent the University from disclosing such information to teachers or other institutions who have a legitimate educational interest in the behavior of the student. Moreover, the University may disclose to an alleged victim of any crime of violence the results of a disciplinary proceeding conducted by the University against the alleged perpetrator of such crime. In compliance with federal and state law (Title IX, the Clery Act), and New York State Education Law 129-B, the University will disclose the outcome of an investigation of sexual violence to both the complainant and the respondent, including information about specific disciplinary sanctions when sanctions directly relate to a student who has been harassed. Additionally, the University reserves the right to notify the parents/family of a student determined to have violated the University’s policies and/or New York State laws regarding underage drinking or illegal use of drugs.

University policy is that no person shall have access to, nor will the institution disclose, any information from a student's education records without the written consent of the student except (a) to the student; (b) to appropriate University officials who have legitimate educational interest; (c) to certain state and federal officials; to officials at other schools in which the student seeks to enroll; (d) to persons or organizations in connection with the student's application for financial aid; (e) to organizations conducting studies for educational purposes, but only under conditions that protect confidentiality; (f) to accrediting agencies carrying out their accreditation function; (g) in compliance with a judicial order; (h) for reasons in an emergency in order to protect the health or safety of a student or other persons; and (i) to officials at another institution or partner provider when exchange of information is necessary in order to facilitate the investigation of a crime or other significant matter involving students at multiple institutions.

The Registrar will maintain, with the education records, a list of all persons and entities (other than University personnel with a legitimate educational interest) who have requested or obtained access to a student's records. This list, which is available to the student about whom information has been requested, will show the interest of persons or entities.  Within the ̨��Swag community, only those officials with a legitimate educational interest are allowed access to student education records. Such persons include personnel in the Offices of the Executive Vice President for Academic Affairs and Provost, Associate Vice President for Academic Affairs, Vice President for Student Affairs, Division Deans, Student Success Center, Information Technology, Higher Education Opportunity Program, Registrar, Comptroller, Financial Aid, ̨��Swag, faculty members, and other University officials within the limitation of their need to know. University officials may include students who serve on official University committees or who are employed in University offices. Internship supervisors (e.g., supervising teachers, clinical preceptors), consultants, contractors (e.g., attorneys, auditors), volunteers, or other parties to whom the University has outsourced institutional services or functions may also be considered University officials within the limitation of their need to know.

At its discretion, the University may provide "directory information" to others and the University's confidentiality policy shall not be applicable to such information. "Directory information" includes: student name, address, telephone number, email address, date and place of birth, major field of study, dates of attendance, enrollment status (includes advance registration data, anticipated graduation year, class status), resident status (commuter or resident), degrees and awards received, recent educational institution attended by student, participation in recognized activities and sports, and weight and height of members of athletic teams.

The University will withhold directory information if a student makes a written request to the Office of the Registrar. Student directory information may be included on the University's website and may be contained in other University publications. Students wishing limited disclosure may submit a request in writing to the Office of the Registrar. A form is available on the Registrar’s website /academics/registrar/forms. Once a student has requested non-disclosure, their directory information will not be disclosed until the student provides written instruction to change this status.

Students have the right to inspect and review information contained in their educational records, to challenge the contents of their education records, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their record if they feel the decision following the hearing is unacceptable.

The University Registrar has the responsibility to coordinate the inspection and review procedures for student education records. Students wishing to review their education records must make a written request to the Registrar listing the records or information of interest. The pertinent record or information will be made available within forty-five days of the request. At their expense, students may have copies made of their records with certain exceptions (e.g., a copy of the academic record for which a financial "hold" exists). The following documents and information will not be disclosed to students: financial information submitted by their parents; confidential letters and recommendations associated with admissions, employment, or job placement; references to which they have waived their rights of inspection and review, provided they are used solely for such purpose; education records containing information about more than one student, in which case the University will permit access only to that part of the record which pertains to the inquiring student.

A student who believes that their education records contain information that is inaccurate, misleading, or inappropriate should discuss the problem with the Registrar in an effort to resolve the matter informally. If not resolved, the student will be afforded a formal hearing pursuant to the Student Dispute Resolution Procedure contained in the Student Handbook. The request for a hearing must be made in writing to the Executive Vice President for Academic Affairs and Provost, who, within a reasonable period of time after receiving a request, will inform the student of the date, place, and time of the hearing. A student may present evidence relevant to the issues raised in accordance with the Student Dispute Resolution Procedure. The hearing will be conducted by the Vice President of Academic Affairs and/or any other individual so designated.

The decision of the hearing will be final and will consist of a written report summarizing the evidence and stating the reasons for the decision. If the decision is in favor of the student, the student's record will be amended accordingly. If the student is not satisfied with the decision, the student may prepare a written statement explaining the disputed contents of the record. This statement will be maintained as part of the student's education records and released whenever the pertinent record is disclosed. Inquiries regarding this policy should be directed to the Registrar.

In addition, students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University 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, D.C. 20202
 

̨��Swag's is available in the . 

Gambling is not permitted on campus, with the exception of raffles by recognized student organizations which are approved by the Student Activities Office. Student-athletes and all staff that are directly associated with athletics are prohibited from participating in any bracket contests where money is paid and a prize can be won. This is considered gambling by the NCAA and a violation of their rules and regulations. 

Every person in the University community is responsible for compliance with this policy. The Equal Opportunity Officer (EOO) and/or Title IX Coordinator has been given day-to-day responsibility for implementing these policies by the President and assuring compliance.

Grievances
Grievances or complaints alleging a violation of the University’s policies prohibiting discrimination, harassment, sex discriminations, and sex-based harassment may be submitted to the Equal Opportunity Officer and Title IX Coordinator (Duns Scotus, Room 118, 716-839-8249). Grievances may be submitted in writing using the online bias reporting form or any other written mechanism. A grievance should contain a statement of the facts identifying the violation and as much supporting documentation as possible. Upon request, assistance in preparing the grievance will be supplied by the EOO. Those filing a grievance should also express their view of a possible resolution to the problem. A grievance should be filed by the student and/or their authorized representative as soon as possible after the alleged discrimination has occurred (usually within 30 days). A delay in filing a grievance may impact the ability of the University to investigate and resolve the grievance.

Grievance Procedure
The EOO will attempt to resolve the matter as simply and as quickly as possible by informally meeting with the relevant persons in an effort to reach an acceptable agreement.

If the complaint involves sex discrimination, sex-based harassment, and/or an alleged sexual assault, the University will follow the specific processes for these specific grievances, outlined in this handbook and in accordance with Title IX (see below). Cases of alleged sexual assault in which both the complainant and respondent are students will follow the procedures outlined in the Sexual Violences Policies and Procedures Section of this Handbook.

If an acceptable resolution is not reached by the EEO, the grievant may request that the matter be referred to the appropriate Cabinet member (Vice President for Academic Affairs (VPAA) in the case of a faculty grievant) for a more formal investigation. Such request may be made at any time, but not later than ten (10) days after notification that the Step 1 procedure is completed. Within thirty (30) days thereafter, the Cabinet member or VPAA or their designated representative (Grievance Officer) will conduct an investigation with respect to the grievance. (Should the grievance be against either the EEO or the Cabinet member, the grievant should notify the Associate Vice President of Employee Engagement who will arrange for another Grievance Officer to be appointed.) Efforts will be made to complete the investigation within 45 days after Step 2 is initiated.

During the investigation, the grievant shall have the right to present evidence and witnesses. The Grievance Officer will also examine other relevant evidence and witnesses, including professionals where appropriate. The Grievance Officer shall render a written decision on the grievance applying a preponderance of the evidence standard. A copy of the decision will be provided to the grievant and accused party(ies). Either party may seek review by the University President of all or part of the Grievance Officer's decision by filing an appeal with the Office of the President within 10 days after the decision is rendered. The President in conjunction with legal counsel for the University will review the decision to determine whether it is supported by substantial evidence and that the University substantially complied with applicable procedures. The President's decision will be rendered within 30 days of filing the appeal. The President may affirm the decision, modify the decision, or return the matter for further investigation. Should the President be the accused party, the appeal will be made to the Executive Committee of the Board of Trustees, which will review and rule upon the Grievance Officer’s decision.

Grievance Procedures for claims of Sex Discrimination or Sex-Based Harassment
̨��Swag has adopted specific grievance procedures to provide for the prompt and equitable resolution of complaints made by students. 

The following persons (“Complainants”) have a right to make a complaint of sex harassment, requesting that ̨��Swag investigate and make a determination regarding the alleged harassment: (1) the student who is alleged to have been subjected to conduct that is alleged to be sexual harassment; (2) a person other than a student who is alleged to have been subjected to conduct that could constitute sex harassment when that individual was participating or attempting to participate in an education program or activity; or (3) a parent, guardian, or other authorized legal representative with a legal right to act on behalf of student;

In the absence of a formal complaint from a Complainant, the Title IX Coordinator (or designee) may consider initiating such complaint on behalf of the Complainant, in consideration of the following factors: (1) the Complainant’s request not to proceed with a formal complaint; (2) the Complainant’s reasonable safety concerns in relation to the filing of a complaint; (3) the risk that additional acts of sex based harassment would occur if a complaint was not initiated; (4) the severity of the alleged harassment, (5) the age and relationship of the parties; (6) the scope of the alleged sex based harassment; (7) the availability of evidence to assist a decisionmaker determine whether the sex based harassment occurred; and (8) whether ̨��Swag could end the alleged sexual harassment and prevent it reoccurance without utilzing the grievance procedures. 

If the Title IX Coordinator (or designee) decides to initiate a complaint after considering the above factors, notice must be provided to the Complainant prior to such initiation. The Title IX Coordinator (or designee) must address any reasonable concerns of the Complainant’s safety or safety of others, including the provision of supportive measures.

A complaint may be oral or written, as long as the recipient is able to reasonably understand the sum and substance of the complaint. Complaints may be made to the Title IX Coordinator or University official with authority to institute corrective measures under Title IX.

̨��Swag may consolidate claims of sex harassment or discrimination against one or more respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination and/or sex-based harassment arise out of the same facts or circumstances. Consolidation is not permitted if it would violate the confidentiality provisions of FERPA.

If, in the course of an investigation, ̨��Swag decides to investigate additional allegations of sex based harassment by the respondent toward the complainant that are not included in the written notice or that are included in the consolidated complaint, it will provide written notice of the additional allegations to the parties.

Upon receipt of a complaint, ̨��Swag will treat complainants and respondents equitably. The Title IX  Coordinator, Investigator, or Decision Maker will not have a conflict of interest or bias for or against complainants or respondents generally or individually. 

Upon initiation of these Title IX grievance procedures, ̨��Swag will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview: (1) Information about ̨��Swag’s Title IX grievance procedures and any informal resolution process; (2) Sufficient information about the complaint to allow the parties to respond to the allegations, including the identity of the parties involved, the conduct alleged to constitute sex-based harassment, and the date(s) and location(s) of the alleged conduct; (3) Notification that retaliation is prohibited; (4) Notification that the Respondent is presumed not responsible for the alleged sex based harassment until a determination is made at the conclusion of the grievance procedure; (5) Notice that the parties may have an advisor of their choice who may be, but is not required to be, an attorney; (6) Notification that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes the evidence; (7) ̨��Swag’s Code of Conduct provision prohibiting false statements or information.

̨��Swag will proceed with its investigation of the complaint in an adequate, reliable, timely and objective manner.  The burden is on ̨��Swag- not the parties- to assure a full and fair investigation, with a presumption that the Respondent is not responsible for the alleged sex discrimination and/or sex-based harassment until a determination is made at the conclusion of the grievance process.

During its investigation, ̨��Swag will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

̨��Swag will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. ̨��Swag will not limit the choice or presence of the advisor for either party in any meeting or proceeding. However, ̨��Swag may establish restrictions regarding the extent to which an advisor may participate, as long as these restrictions apply equally to each party.

̨��Swag will provide an equal opportunity for the parties to present fact witnesses and other inculpatory or exculpatory evidence that are relevant and not otherwise impermissible.

Each party and advisor will have an equal opportunity to access the evidence that is relevant to the allegations and not otherwise impermissible. This includes giving each party a reasonable opportunity to review and respond to the evidence or investigative report. 

̨��Swag will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

The following types of evidence, and questions leading to such evidence, are impermissible, and will not be considered by ̨��Swag when making a decision: (1) evidence that is protected under a privilege recognized by State or Federal law, or evidence provided to a confidential employee, unless the person to whom the protection is owed knowingly and voluntarily waives such privilege; (2) Records of a party or witness that are maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the party or witness knowingly and voluntarily waives such confidentiality for use in the grievance procedure; and (3) evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence of the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex based harassment. 

The fact of prior consensual sexual conduct between the parties does not by itself demonstrate or imply the Complainant’s consent to the alleged sex harassment or preclude a determination that sex harassment occurred. 

̨��Swag will conduct a live hearing with the parties physically present in the same geographic location, or at the University’s discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the decision maker and parties to simultaneously see and hear the party or witness while the person is speaking. ̨��Swag will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.

̨��Swag will provide a process that enables a decision maker to question parties and witnesses adequately to assess a party or witness’ credibility to the extent credibility is both in dispute and relevant to evaluating the claims of sex-based harassment. The process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will  allow the investigator or decisionmaker to ask questions and either: (1) allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the decision maker, subject to the procedures for evaluating and limiting questions discussed below, or (2) allow each party’s advisor to ask any party or witness such questions, subject to the procedures for evaluating and limiting questions discussed below. Such questioning will never be conducted by a party personally. If ̨��Swag permits advisor conducted questioning and a party does not have an advisor to ask questions on their behalf, ̨��Swag will provide the party with an advisor as outlined in Section 8 of this Handbook.  

The decision maker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party being questioned will not be permitted. The decision maker will give a party an opportunity to clarify or revise a question that the decision maker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked. The decision maker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decision maker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’ refusal to respond to such questions. 

Following an investigation, live hearing and evaluation of all relevant and not otherwise impermissible evidence, ̨��Swag will use the preponderance of the evidence standard of proof to determine whether sex discrimination and/or sex-based harassment has occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decision maker is not persuaded under the applicable standard of evidence, the decision maker will not determine that sex discrimination and/or sex-based harassment has occurred.

The decision maker will notify the parties simultaneously in writing of the determination, including: (1) a description of the alleged sex based harassment; (2) information about ̨��Swag’s policies and procedures used to evaluate the allegations; (3) The decision maker’s evaluation of the relevant evidence and determination of whether the sex based harassment occurred; (4) any disciplinary sanctions, if applicable, that ̨��Swag will impose on the Respondent, whether remedies other than the imposition of disciplinary sanctions will be provided to the Complainant or other students identified to be experiencing the effects of sex based harassment; and (4) ̨��Swag’s procedures and bases for one (or both) of the parties to appeal.

̨��Swag will not impose discipline on a Respondent for sex discrimination and/or sex-based harassment under Title IX unless there is a determination at the conclusion of the grievance process that the Respondent engaged in prohibited sex discrimination and/or sex-based harassment.

If there is a determination that sex discrimination and/or sex-based harassment has occurred, the Title IX Coordinator (or designee) will: (1) coordinate the provision and implementation of remedies to a complainant and other people the University identifies has having had equal access to ̨��Swag’s education program or activity limited or denied by sex discrimination and/or sex-based harassment; (2) coordinate the imposition of any disciplinary sanctions on Respondent, including notification to the complainant of any disciplinary sanctions; and (3) take other appropriate prompt and effective steps to ensure that sex discrimination and/or sex-based harassment does not continue or recur within ̨��Swag’s education program or activity.

Following a determination that sex based harassment occurred, ̨��Swag may impose disciplinary sanctions which can be found in Section 8. ̨��Swag may also provide informal resolutions.

̨��Swag will not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination and/or sex-based harassment has occurred.

The determination becomes final either on the date that ̨��Swag provides the parties with the written determination of the result of any appeal, or if no appeal is initiated, the date on which an appeal would no longer be timely.

̨��Swag will offer an appeal from a dismissal or determination of a Title IX claim on the following bases: (1) procedural irregularity that would change the outcome; (2) new evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and (3) the Title IX Coordinator, investigator, or decision maker had a conflict of interest or bias for or against the parties generally or the individuals involved that would change the outcome.

If a party appeals a dismissal or determination, whether sex based harassment occurred, ̨��Swag will notify the parties in writing of the appeal, including the notice of allegations. The University will implement all appeal procedures equally for the parties, and ensure that the appellate decision maker did not take part in the underlying investigation. The University will likewise assure that the appellate decision maker has been trained consistent with the Title IX regulations, and communicate to the parties in writing that the University will provide the parties a reasonable and equitable opportunity to make a statement in support of, or challenging, the determination or dismissal. Any bases or procedures for appeal will be equally available to the parties.

A final decision regarding the appeal will be sent to the parties with a description of the result and rationale.

̨��Swag may dismiss a complaint if: (1) it is unable to identify the respondent after taking reasonable steps to do so; (2) the respondent is not participating in the University’s education programs or activities; (3) the University obtains the complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator (or designee) declines to initiate a complaint, and ̨��Swag determines that, without the complainant’s withdrawn allegations, the conduct that remains in the complaint, if any, would not constitute sex discrimination and/or sex-based harassment under Title IX even if proven; or (4) ̨��Swag determines the conduct alleged in the complant, even if proven, would not constitute sex discrimination and/or sex-based harassment under Title IX. Before dismissing the complaint, the University will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the University will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then ̨��Swag will notify the parties simultaneously of the dismissal in writing. The Complainant may appeal the dismissal on the bases outlined in the Appeals section. In such case, the University will also notify the Respondent that the dismissal may be appealed on the same basis. If a dismissal is appealed, the University will follow the procedures in the Appeals section.

When a complaint is appealed, ̨��Swag will at a minimum offer supportive services to the complainant and respondent as appropriate, and take other prompt and effective steps, as appropriate, through to Title IX Coordinator to ensure that sex discrimination and/or sex-based harassment does not continue or recur.

In lieu of resolving a complaint through the Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. ̨��Swag will inform the parties in writing of any informal resolution process it offers and determines is appropriate, if any.  ̨��Swag will not offer informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the initiation of an informal resolution process, ̨��Swag College will explain in writing to the parties: (1) the allegations; (2) the requirements of the informal resolution process; (3) that any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before coming to a resolution; (4) that if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations; (5) the potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is only binding on the parties; and (6) what information ̨��Swag will maintain and whether and how the University could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

̨��Swag will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that persons’ access to ̨��Swag’s education program or activity or provide support during the Title IX grievance procedures or during the informal resolution process. Please refer to the Procedures For Responding To A Sexual Offense section of this handbook for information regarding on and off campus resources.
 

Hazing has been defined under section 6450 of the Education Law as any action or situation which recklessly or intentionally endangers mental or physical health or involves the consumption of liquids, liquor, or drugs for the purpose of initiation into an affiliation with any organization. Other acts that are implied to be required for participating and/or involvement in a club or organization that may seem innocuous on the surface but are not optional, may also be considered hazing. Hazing is both a violation of the Penal Law and other laws of the State of New York. The University reaffirms its policy that it will not condone hazing of any kind. To this end, any student, faculty member, staff member, visitor, licensee, or invitee who engages in hazing may be removed from the ̨��Swag campus and, where appropriate, shall be subject to a formal conduct review via the Student Code of Conduct and could face suspension, expulsion, or other disciplinary action. Similarly, the University will rescind permission to operate on campus property and shall prohibit the use of the University's name to any organization whose members (whether individually or in concert) engage in hazing. An organizational philosophy that supports the mission of the University and is evident in the responsible behaviors, class attendance and attentiveness, as well as positive and meaningful activities, is an excellent antidote to hazing.

Reporting
Any community member who has been impacted by or has witnessed potential hazing should report the incident. In an emergency, dial 911. After the emergency is reported, call Campus Safety so they can support emergency responders for best care of the situation. Community members can contact the Office of Campus Safety at 716-839-SAFE (7233), 24 hours a day, 7 days a week. In a non-emergent situation, report any hazing concerns to Campus Safety.

In addition, concerns may be reported to the following areas: 

• Campus Safety
  • 716-839-SAFE (7233)
• Vice President for Student Affairs
  • 716-839-8519
• Director of Community Standards & Student Advocacy
  • 716-839-8200

To contact the Amherst Police Department, call 716-689-1311 or, in an emergency, dial 911.

 Please note that depending on where the call is made, students may need to alert 911 that they are in Amherst.

̨��Swag (“University”) is dedicated to teaching, research, service, and the dissemination of knowledge. The University believes that the public interest is best served by creating an intellectual environment whereby creative efforts and innovation are encouraged and rewarded, while still retaining for the University reasonable access to, and use of, the intellectual property for whose creation the University has provided assistance.

The intent of this Intellectual Property Policy is to encourage the creation of original works of authorship and inventions by faculty, staff, and students while safeguarding the reputation and financial interests of the University. It is expected that, in all cases, the University and its faculty, staff, and students will act in a manner as to best serve the public interest.

To view the full policy, please visit the Academic Affairs section at the University’s policy portal at

Located in the Yurtchuk Student Center, the Campus Safety/Information Desk is the collection point for all lost and found articles. Anyone who has lost or found anything on campus should contact the Campus Safety/Information Desk to report or claim the item 716-839-SAFE (7233). Articles not claimed by their owners by the end of each semester are donated to charity. An electronic lost and found log is maintained by the Campus Safety/Information Desk and every effort is made to reunite owners with their articles.

Parents and/or guardians of minor children, not to be confused with students accepted for matriculation to ̨��Swag who happen to be under the age of 18, are expected to provide adequate supervision while the minors are on campus.  To that end, minors should not be left unsupervised on University property.  Students who bring related or unrelated minors on campus are assuming the role of guardian and will be held accountable for the actions of their guest(s) in accordance with the student Code of Conduct in this handbook.  Generally, no matriculated student may have an overnight guest who is under the age of 17 without the permission of the Director of Housing and Residence Life (or designee).

Additionally, students, student groups, and/or other clubs, organizations or outside groups wishing to conduct a program with minors on campus will be subject to additional measures and precautions before being allowed to proceed. Academic programs involving individuals under the age of 18 who are not matriculated students will require approval from the Executive Vice President for Academic Affairs and Provost (or designee), in consultation with the Vice President for Student Affairs (or designee).  Non-academic programs involving individuals under the age of 18 who are not matriculated students will require approval from the Vice President for Student Affairs (or designee).  If approved, these programs will require additional provisions and measures including, but not limited to: signed consent and assent forms, emergency contact information, and specialized training and/or clearance for staff.  

̨��Swag takes student safety very seriously. To this end, the following policy and procedure has been established to assist in locating ̨��Swag students living in University on-campus housing who, based on the facts and circumstances known to the University, are determined to be missing. This policy has been established as required by the Higher Education Opportunity Act (HEOA) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, referred to as the Clery Act. Nothing in this policy should indicate that the University has knowledge of, or the ability to track, students’ whereabouts and activities at all times. Students are responsible for their own care and travels.

Designation of a contact person(s)
Each year, every resident student has the option to identify a contact person(s) whom the University shall notify within 24 hours of the determination that the student is missing. The contact person can be anyone and, if the student so elects, may be someone other than the person that the student has designated as their emergency contact person for other purposes. Resident students will be given a Missing Student Contact Registration Form which should be submitted to the Office of Housing and Residence Life located on the second floor of John R. Yurtchuk Student Center. 

This contact information is considered confidential and will be maintained separately by the Office of Housing and Residence Life and will only be shared with the appropriate University officials involved in a missing persons investigation including, but not limited to, the Vice President for Student Affairs, as well as the President. The information may also be provided to the ̨��Swag Office of Campus Safety and the Amherst Police should an investigation be conducted after a missing student report is made. Students may change or revoke their contact information through the Office of Housing and Residence Life. Residential students who are less than 18 years of age and not officially emancipated by their parents or guardian may designate a contact person; however, the student's custodial parent or guardian will also be notified within 24 hours of a determination that the student is missing.

Notification procedures for missing resident students
It is understood that resident students will have opportunities during the academic year to take weekends away to visit family or friends. When students will be away from their on- campus residence, students should inform their roommate or Resident Assistant of their plans and expected date of return for emergency contact purposes. For purposes of this policy, a student may be considered to be a “missing student” if the person’s absence is contrary to their usual pattern of behavior and unusual circumstances may have caused the absence. Such circumstances could include a reasonable/reliable report or suspicion that the missing student may be endangered. Examples include, but are not limited to, possible victim foul play, expression of suicidal thoughts, possible alcohol or drug abuse, a life-threatening situation, or recent contact with persons who may endanger the student’s welfare.

Anyone who suspects that a residential student is missing should immediately notify a Resident Assistant (RA), Hall Director (HD), Assistant Director and/or the Director of Housing & Residence Life (839-8200). If a missing student report is received by a RA, HD, or Assistant Director should immediately be notified to coordinate the investigation. The DHRL will immediately notify the Office of Campus Safety and the Vice President for Student Affairs. 

Once such notice is received, the Office of Campus Safety and the Office of Housing and Residence Life will begin an investigation to include, but not limited to, the following:

• Call the student’s cell phone 
• Send a residence life staff member to the student's room.
• Contact roommate(s)
• Access student’s vehicle information to locate and distribute to local authorities if necessary
• Access student’s class schedule and seek information on last sighting or other contact information.
• Access reports to determine the last time a student used a meal card or accessed residence hall.
• If student works on-campus, contact supervisor for contact information
• Call student’s designated Missing Person Contact
• Request information from Information Technology about students last electronic sign in to ̨��Swag’s network systems
• Office of Campus Safety may issue an ID picture to assist in identifying the missing student
• The Office of Campus Safety may search on-campus public locations (library, cafeteria, etc.)

Actions upon a determination that a student is missing
If the above investigatory steps are unsuccessful in locating the student who has been missing for 24 hours, or it is apparent sooner that the student may be endangered, the DHRL or designee, after consulting with the Office of Campus Safety, will take the following actions within 24 hours:

1. Contact the Amherst Police Department and other law enforcement agencies as necessary and report the student as a missing person. 
2. Write and file a detailed report and share it with the police. Law enforcement will take charge of the investigation.
3. Notify the designated contact person, if any, that the student is believed to be missing. For unemancipated students under the age of 18, the student's parent/guardian will also be notified.

Campus communications about missing students
Notifications to the campus community will be coordinated by the Vice President for Student Affairs (or designee). Media communications will be coordinated by the Director of Institutional Communications. Information will not be released to the public unless authorized by the Vice President for Student Affairs (or designee). All media requests will be directed to the Director of Institutional Communications. The DHRL will act as the liaison between the University and law enforcement, writing follow-up reports as needed and keeping university officials apprised of the ongoing investigation.

Commuter students
Reports of commuter students who are missing will be referred to the Office of Campus Safety and Amherst Police Department for investigation.

Persons who drive vehicles on campus are subject at all times to the motor vehicle laws of the state of New York, to orders of the Department of Transportation and, where applicable, to ordinances of the Town of Amherst. Operation of a motor vehicle on campus is a privilege granted by ̨��Swag. Serious or excessive traffic violations may result in the loss of this privilege. The Office of Campus Safety has authority over the parking lots and the general grounds.

1. All motor vehicles must be registered, each academic year, with the University when operated and parked on University property (except for visitors to the University). Parking permits may be applied for on-line at: my.daemen.edu/parking. Parking permits cost $50 per year. Students should be prepared to show a valid motor vehicle registration for each vehicle that they wish to register to park on campus when they pick up a parking permit at the John R. Yurtchuk Student Center Information Desk. Any change in autos or plate numbers must be registered with the Campus Safety Office. An annual parking fee may apply.
2. Resident students who reside in Canavan Hall are not eligible to park on or around campus proper, but rather at an off-site arrangement through Collegiate Village. These students must still register their vehicle but are charged an annual fee of $50. Parking on, or around, campus proper may result in a parking citation. The University reserves the right to adjust where resident students park each year. An email with any alterations will be sent in the beginning of the fall semester.
3. The parking permit is to be displayed on the lower left of the front window. An alternative location is placing the tag on a clear see-thru hang tag that is hung, facing forward, on the rear view mirror.
4. Students should park in designated areas only or be subject to a ticket, tow, or loss of parking privileges. 
5. Students may not have more than one car parked on campus at a time.
6. Speed limits are posted at entrances and on roadways of the campus. Speed limits vary from 5 MPH to a maximum of 15 MPH.
7. Full stops are required at all stop signs.
8. Pedestrians always have the right of way. Pedestrians are encouraged to use the sidewalks for optimum safety.
9. Motor vehicles may not be operated on any sidewalk or grassed area. Service vehicles and authorized contractor vehicles are not included in this prohibition.
10. ̨��Swag Campus Safety Officers and Town of Amherst Police are empowered to enforce all ordinances and laws pertaining to traffic regulations.
11. Dangerous use of skates, skateboards, in-line skates, bicycles, and other forms of transport or recreation is prohibited.
12. Parking is prohibited on all roadways, service drives, and areas reserved for service vehicles. Possession of a parking permit entitles the holder to park only if there is available space in the allotted parking areas and not to block driveways or roadways.
13. Overnight parking is permitted only in designated lots and only for those resident students who have a valid parking permit and are allowed to park on campus. 
14. Students will be required to move their cars from time to time to alternative designated lots to facilitate snow removal. Failure to move a vehicle upon notification by the University will result in ticketing and/or towing of the vehicle at the owner's expense.
15. ̨��Swag may have towed, at the expense of the owner, any vehicle that is parked in violation of stated regulations. Other improperly parked vehicles will be ticketed by the University and/or Town of Amherst Police. Serious or continued violations may result in revocation of parking permit and loss of parking privileges for the remainder of the academic year (as determined by the Assistant Dean for Campus Safety and Operations or designee).
16. Temporary overnight parking permits(for registered guests) are available at the John R. Yurtchuk Student Center Information Desk. Residents will be held responsible for their guests’ vehicles to ensure that the guest parks the vehicle in the proper location. Parking citations issued to the guest of the student will become the responsibility of the host.
17. Excessive Parking policy violations and/or tickets, may be subject to disciplinary sanctions.

It is the policy of ̨��Swag, in accordance with federal and state laws including, but not limited to, Title IX of the Education Amendments of 1972, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the New York State Human Rights Law, not to discriminate on the basis of sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law against any person with respect to employment, admission to the University, or in participation in any University program or activity. Also in accordance with these laws, it is the policy of the University to prohibit harassment of any student, employee or applicant on the basis of the statuses outlined above. All complaints alleging a violation of this policy will be expeditiously and objectively investigated.  Upon conclusion of an investigation, appropriate remedies will be instituted.

It is the policy of ̨��Swag not to discriminate on the basis of sex, including sex-based harassment, in its educational programs, activities or employment policies as required by Title IX of the Education Amendments of 1972, Equal Employment Opportunity Commission regulations, and other applicable antidiscrimination laws.

Sex Discrimination
Sex discrimination refers to any discrimination on the basis of sex, including but not limited to treating individuals unfairly or differently because of their sex, which encompasses biological sex, gender identity, sexual orientation, sex characteristics, sex stereotypes, pregnancy or related conditions.

Sex-Based Harassment
Sex-based harassment, which is a subset of sex discrimination, is defined as sexual harassment or other harassment on the basis of sex, including harassment because of biological sex, gender identity, sexual orientation, sex characteristics, sex stereotypes, and pregnancy, that meet the following categories:  

1. Quid pro quo harassment - An employee, agent or other person authorized by the University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;  
2. Hostile environment harassment - Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:  
   1. The degree to which the conduct affected the Complainant’s ability to access the University’s education program or activity;  
   2. The type, frequency, and duration of the conduct;  
   3. The Parties’ ages, roles within the University's education program or activity, previous interactions and other factors about each Party that may be relevant to evaluating the effects of the conduct;  
   4. The location of the conduct and the context in which the conduct occurred; and 
   5. Other sex-based harassment in the University’s education program or activity.
3. Sexual Assault (as defined in the Clery Act) means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; 
4. Dating Violence [as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act)] means any violence committed by a person: 
   1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
   2. Where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
5. Domestic Violence means any felony or misdemeanor crimes committed by a person who: 
   1. Is a current or former partner of the victim under the family or domestic violence laws of New York State, or a person similarly situated to a spouse of the victim; 
   2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; 
   3. Shared a child in common with the victim; or  
   4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York State; or 
6. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:  
   1. fear for the person’s safety or the safety of others; or 
   2. suffer substantial emotional distress. 

̨��Swag will take all steps necessary to prevent such discrimination and effectively address incidents of unlawful harassment, including the imposition of appropriate sanctions. As examples, the following kinds of conduct, as well as others with a similar harassing effect, are absolutely prohibited if such conduct falls within the definition stated above:

1. Abusing an employee or student through insulting or degrading sexual remarks, jokes, innuendoes, or other sexually oriented conduct (including, among other things, graphic or descriptive comments relating to an individual’s body or physical appearance, sexually oriented teasing or pranks, improper suggestions, objects or pictures, or unwanted physical contact); or
2. Threats, demands or suggestions that an employee’s or student’s status depends in any way upon tolerating or accepting sexual advances or sexually oriented conduct.
3. Sexual violence, defined as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s age, use of drugs or alcohol, or intellectual or other disability.

Any harassment of ̨��Swag employees, students, or applicants, or third parties (such as participants in University sponsored events) in violation of these rules is absolutely prohibited and will not be tolerated. Interim protective measures may be made while a complaint is investigated. Both complainant and respondent shall be treated equitably throughout the investigation.

Conduct that occurs off campus, including but not limited to that perpetrated electronically, by social networking or email, is also subject to investigation and an appropriate response under the Policy to the extent that such conduct contributes to a sexually hostile environment on campus.

Sex-based harassment is illegal under both state and federal law. Inquiries regarding compliance with Title IX and New York State law 129-B may be directed to the Title IX Coordinator and VP Institutional Equity & Belonging & HEOP Director, Tiffany Hamilton (716-839-8249), who also serves as the University’s Equal Opportunity Officer.

Other Forms of Harassment
Harassment is defined as verbal or physical conduct which denigrates or shows hostility or aversion to an individual, or that of a persons’ relatives, friends, or associates, because of the person’s sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law and which:

1. Has the purpose or effect of creating an intimidating, hostile, or offensive working or educational environment; or
2. Has the purpose or effect of unreasonably interfering with an individual’s performance; or
3. Otherwise adversely affects an individual’s employment or educational opportunities.

As examples, the following kinds of conduct, or others with similar harassing effect, are absolutely prohibited if such conduct falls within the definition stated above:

1. Abusing an employee or student through epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts (even if claimed to be “jokes” or “pranks”) which relate to sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law; and
2. Written or graphic material which denigrates or shows hostility or aversion toward an individual or group because of sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law. 

Any harassment of ̨��Swag employees, students, or applicants in violation of these rules is absolutely prohibited and will not be tolerated.

Non-Consensual Media Sharing
Non-consensual media sharing or “Revenge Porn” is the non-consensual sharing or publication of an intimate image that was taken and/or shared with the assumption that the image would remain private, with the intent to cause harm to the emotional, financial, or physical welfare of another person. 

“Revenge Porn” is illegal under New York State bill S.1719-C, and a violation of the Student Code of Conduct. Students, Faculty and Staff have the right to file a complaint with the Division of Student Affairs (for students) or with the Office of Employee Engagement (for faculty and staff). All complaints alleging a violation of this policy will be investigated and appropriate remedies will be instituted.

Retaliation
Retaliation against employees, students, third parties (such as participants in University sponsored events) or applicants for exercising their rights under this policy is also strictly prohibited and will not be tolerated.  This includes retaliation against employees, students, third parties (such as participants in University sponsored events) or applicants for inquiring about their rights, or for making an honest complaint of a violation or possible violation, or for truthfully assisting in a complaint investigation.  Claims of retaliation should be reported to the VP Institutional Equity & Belonging & HEOP Director (Tiffany Hamilton, Duns Scotus, Room 118, 716-839-8249), who is the University’s Equal Opportunity Officer and the Title IX Coordinator, as applicable.

Any employee or student who feels as though someone has subjected him or her to retaliation as a result of a report or participation in the investigation of a report should contact the University’s VP Institutional Equity & Belonging & HEOP Director/Title IX Coordinator (identified above) or other senior officer immediately.

No One Has Authority to Violate This Policy
Under no circumstances does a faculty member, administrator, trustee, employee, vendor, sub-contractor, or student of the University have any authority whatsoever to engage in discriminatory, harassing, or retaliating conduct in violation of this policy. If anyone claims to have such authority, or if an employee, student, third party (such as participants in University sponsored events), or applicant has a question about whether objectionable conduct is authorized by the University, the University’s EEO (VP Institutional Equity & Belonging, 716-839-7699, DS 115), should be contacted.

Academic Freedom
As an institution of higher education, ̨��Swag, its employees and students also must be aware of the need for freedom of inquiry and openness of discussion in its educational and research programs, and must strive to create and maintain an atmosphere of intellectual seriousness and mutual tolerance in which these essential features of academic life can thrive. No university can or should guarantee that every idea expressed in its classrooms or laboratories will be inoffensive to all; pursued seriously, education and scholarship necessarily entail raising questions about received opinions and conventional interpretations. ̨��Swag does guarantee, however, that credible accusations of inappropriate remarks or conduct that may violate the University policy prohibiting discrimination and harassment will be investigated promptly, thoroughly, and fairly.

Complaints
Individuals with complaints of discriminatory harassment may also have the right to file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education. An employee may also have the right to file a charge with the United States Equal Employment Opportunity Commission (“EEOC”), the Office of Civil Rights (“OCR”), or the New York Division of Human Rights (“SDHR”). A charge should be filed with the EEOC within 300 days of the most recent date that the unlawful conduct occurred, or if filed with the OCR, within 180 days, or if filed with the SDHR, within one (1) year. 

No one should allow conduct that may violate this Policy to continue unreported. It is extremely important that this be reported so that the University can act to stop such conduct at the earliest possible time.  ̨��Swag provides training for employees on recognizing and preventing harassment, including sex-based harassment: all employees are expected to participate in such training.
 

Posting on University property is a privilege extended for the purpose of communicating
information about events, activities, programs, or services related to educational, social,
research, professional, or volunteer opportunities relevant to the University community.

Definitions:

1. Designated Spaces are areas approved in advance by the University for postings. Designated spaces will be labeled as such and may be located within certain buildings and in outdoor areas. Some facilities and buildings may have no designated areas.
2. Non-designated spaces are areas not approved for the posting of flyers, posters, or chalking.
3. Post/posting is the placement of any temporary sign, placard, flyer, banner, card, leaflet, lawn sign, sandwich board, or similar publicity material, including by chalking or painting on a surface or lighting display projected on a surface.
4. Sponsor/host is the student organization, University department, or external group responsible for the posting.
5. University property is all property owned, leased, or utilized by ̨��Swag.

This policy is designed to foster the exchange of information and ideas within the University community while properly maintaining the use of University buildings and facilities. Permission to post materials, whether physical or digital, does not imply endorsement, sponsorship, or support by the University for the views, opinions, programs, or activities of the users, speakers, presenters, or organizers. The posting organization or department is solely responsible for the views and activities related to the posted material.

This policy applies to all ̨��Swag students, faculty, staff, affiliates,
contractors, and visitors.

General Posting Rules for Flyers and Posters

1. Posting in the John R. Yurtchuk Student Center and Dun Scotus Hall by registered student organizations, University Departments, and external groups requires review and approval via an official stamp by Student Affairs. This stamp indicates the proposed posting has met the requirements for posting on university property. To receive approval for posting, materials, and items, all materials must contain the following information:
   1. Name of the sponsoring organization
   2. Admission cost (if any)
   3. Title of program, event, or activity
   4. Date, time, location of the program, event, or activity
2. Postings by sponsors in all academic and administrative buildings do not require approval by Student Affairs, but they must adhere to the general posting procedures outlined below.
3. Postings should avoid damaging the surfaces on which they are affixed or interfering with their operation.
4. Posting on hallway/public area doors, machinery, vending machines, receptacles, elevators, restrooms, painted or masonry walls, ceilings, street lamps, emergency phones, directional and street signage, or floors is not permitted.
5. Leaflets or flyers may not be distributed inside or outside the parking areas or placed on vehicles.
6. Designated spaces approved for posting are meant to be shared with others in the University community. Sponsor groups are allowed no more than 2 flyers or posters for the same event, activity, or service to be posted on any individual designated space. These spaces are not to be monopolized by posted materials for one group or event.
7. All materials must be removed within 48 hours following the event or program. If an event, program, or activity does not have a designated date and time, the posting will be removed in a timely manner by the University.
8. All postings in university-owned, leased, or affiliated residential facilities must follow ̨��Swag Residence Life posting guidelines.

Chalking on Campus

1. Registered student organizations, University departments, and external groups may request permission to chalk on University property.
2. Chalking is not permitted on stairs, buildings, patios, covered areas, walls, or any other surface not approved by Student Affairs.
3. Chalking must be done with water-soluble chalk and approved by Student Affairs.
4. Any chalking that violates University policy or the student handbook may be removed by the University and subject to disciplinary action.

̨��Swag prioritizes the safety and well-being of its community members above all else. Therefore, all policies and procedures that are outlined as part of the University’s official response to a public health emergency must be followed explicitly. Campus policies are put in place in compliance with Erie County Department of Health, New York State, Center for Disease Control and Prevention, and World Health Organization guidelines. Additionally, all students are required to take personal responsibility for their health and the health of others. Failure to do so can result in follow-up through the Student Code of Conduct and, depending on the nature and/or frequency of the violation(s), could result in restriction from classes and/or campuses. To view the University’s current COVID policy, . 

Vaccination
There could be circumstances where ̨��Swag may mandate inoculation by an FDA approved vaccine either for all campus community members or certain community members in more “highly transferable” situations (such as residence halls, athletic competition, etc).  These requirements may be mandated by an outside entity for which ̨��Swag must comply or on its own, as a private entity.  Either way, decisions will be made by senior staff and communicated through the appropriate channels with timelines, exceptions, and repercussions for non-compliance as deemed appropriate based on the nature of the public health emergency.  

Visitors and Guest Policy
At the discretion of the University, visitors/guests may be restricted from certain or all parts of campus during a public health emergency. Individuals will be expected to adhere to those guidelines or be subject to removal from the campus, student housing and/or other locations.

How to Report a Concern
Community members who are concerned about a community member’s well being or their adherence to policy should complete a CARE report online at daemen.edu/concern.  Immediate concerns should be reported to Campus Safety at 716-839-SAFE (7233).  

Due to the fluid nature of a public health emergency, the University may issue additional orders and policies to which all community members will be expected to comply, regardless of whether they are outlined in this handbook or not.

The Insight is the online student newspaper of ̨��Swag, acting as a channel of communication among administrators, faculty, and students and, as such, has a right to information pertinent to the University community. As a member of the press and a member of the higher education community, a university newspaper is responsible for:

1. Intellectual inquiry and consideration, the study of facts, and the analysis of action.
2. Full presentation of facts as they occur, subject only to legal restrictions relating to libel, and ethical questions relating to methods of news gathering and premature disclosure.
3. Vigorous advocacy and criticism based on intellectual query and fact, subject to rebuttal through letters or columns.

Therefore, it is the policy of the Insight to accept these responsibilities in a professional manner. The content and direction of the Insight are determined by the majority of the editorial staff, acting as a responsible unit. The editorial staff consists of the Editor-in-Chief, the Managing Editor, the Business Manager, and the various Associate Editors appointed by the Editor. As an independent institution, ̨��Swag is legally regarded as the publisher of the Insight. Consequently, the University is liable for everything which appears in the pages of the Insight, as well as for the responsible conduct of the editorial staff. The advisor to the Insight, appointed by the University administration, acts as an advisor to the Editor in carrying out editorial policy. The advisor examines all articles submitted and has the power to prevent all statements of a potentially libelous nature from being published.

Letters submitted to the Editor must bear the signature of those responsible for the content. Letters concerning a specific issue will be printed in direct proportion to the number of opinions submitted pro and con. All letters are subject to editing by the editorial staff. The editorial staff maintains the right to withhold the name of the writer upon request.
 

̨��Swag prohibits discrimination on the basis of religion and is committed to providing a work environment that respects the religious beliefs and practices of all students. As part of that commitment, the University will make good faith efforts to fulfill a requested accommodation for such observances when a reasonable accommodation is available that does not create an undue hardship for the University. 

Requesting a Religious Accommodation
A student who anticipates being absent from work or class because of religious beliefs or practices that conflict with their job, class schedule, or a ̨��Swag policy or practice on dress and appearance to their supervisor or instructor/faculty member in charge of the course. Students are asked to examine the academic calendar and/or course syllabus for potential conflicts at the start of the semester and promptly notify the supervisor and/or instructor in writing of any anticipated accommodation needs, providing as much notice as possible, clearly specifying the reason for the requested absence or other accommodation. Students are responsible for arranging in advance to make up missed work or material in a timely manner.

Providing Religious Accommodation
Reasonable accommodations are determined on an individual basis and depend on the circumstances. They might include rescheduling an exam or giving the student a make-up exam, allowing an individual or group presentation to be made on a different date, letting a student attend a different discussion section for the same class that week, adjusting a due date, or assigning the student appropriate make-up work that is intrinsically no more difficult than the original assignment.

Supervisors and instructors are expected to reasonably accommodate individual religious practices. A refusal to accommodate is justified only when undue hardship to the University’s legitimate business purposes would result from each available alternative for reasonable accommodation.

The University prohibits retaliation against students requesting religious accommodation, participating in an approved accommodation, or otherwise engaging in protected conduct under this policy. Any person who violates this anti-retaliation provision may be subject to disciplinary and/or corrective action. Students who believe that they have been retaliated against or not accommodated appropriately should contact the EEO Officer/̨��Swag Center for Diversity and Inclusion and/or the Director of Employee Engagement.
 

Please see the Sex Discrimination and Sex-Based Harassment Policies & Procedures section of this Handbook.

Official University announcements are posted on bulletin boards located throughout the campus. All student organization activity announcements must be approved by the Director of Student Activities (or designee) or they cannot be guaranteed space on official bulletin boards. The University is not responsible for the removal of banners, signs, or notices. Announcements should be removed by the sponsoring organization as soon as they become outdated (within 24 hours after an event). NOTE: posters and flyers are not permitted on windows or doors, or anywhere in the building stairwells.

̨��Swag is a Tobacco Free Campus and therefore smoking of any substance is prohibited at all times on campus grounds. Campus grounds include all ̨��Swag-owned property, including the Academic and Wellness Center, property along Getzville Road and Campus Drive, and all residence hall rooms, apartments, and common areas. State law and local fire ordinances prohibit smoking in all areas of public buildings. 

Neither solicitation nor proselytism will be tolerated on University property without the express permission of the Vice President for Student Affairs. This policy does not pertain to the basic and free practice of a student's personal religious belief, as long as religious activities do not infringe upon the rights of others or disrupt the educational functions of the University.

̨��Swag recognized student organizations may be granted permission to conduct fundraising activities as approved by the Student Activities Office. The University does not permit any kind of solicitation by credit card companies on campus, including indirect affiliations with fundraising activities by student organizations.

Anyone suspected of soliciting without administrative permission should be reported immediately to Campus Safety, the Director of Housing and Residence Life (in the case of residence halls), or to the Vice President for Student Affairs (in case of other campus buildings).

̨��Swag is committed to serving its students effectively and responsively. Students with questions or complaints should communicate directly with the department or office concerned, with a view to resolving the issue as expeditiously as possible. 

Ordinarily, disputes with faculty members should be brought to the attention of the chair of the faculty member’s department or, if the dispute involves the chair, to the divisional dean. A student may choose to use the online Bias Report Form, if pertinent, for assistance in resolution. Disputes concerning grades (including determinations of academic dishonesty) are handled exclusively in accordance with the Grade Appeal Procedure found in the University Catalog and the Student Handbook.

Disputes with non-faculty employees should be brought to the attention of the employee’s supervisor for review and resolution.

Disputes between students that do not fall into one of the above-mentioned categories should be brought to the attention of the Vice President for Student Affairs.

Students at the university level, regardless of age, have both the right and responsibility to represent themselves in all matters concerning their education. This includes their ongoing development of those life skills necessary to functioning as capable and successful adults in the workplace and beyond. As such, the direct involvement of parents or other personal advocates in dispute resolution at the university level is generally considered inappropriate. 

Students wishing to discuss an issue concerning a University employee are welcomed and encouraged to speak with an advisor in the Student Success Center (Research & Information Commons, first floor). Advisors can be valuable sounding boards who, while not “taking sides,” can help students clarify issues, explain any pertinent policies or procedures, and give supportive guidance on the student’s options.

Typically, in cases where the dispute potentially includes a violation of the Student Code of Conduct, the situation will be addressed via the procedures set forth in this handbook under the Conduct Review Procedures.

The health and safety of members of the ̨��Swag community are of primary interest to the institution. When alerted to a student who may be in imminent danger of harming themselves, the University will take all reasonable steps to get that student help quickly and compassionately while working to preserve that student’s academic progress. These steps could include, but are not limited to, requiring a psychiatric evaluation from an outside professional before returning to class, calling proper authorities, including police, rescue, and crisis services to assess the situation, and implementing a “Statement of Expectations” regarding specific tasks the student must follow. Students who have indicated a direct harm to themselves and who refuse to get an evaluation from a medical professional would be subject to follow-up through the Student Code of Conduct. 

Before community members reserve, drive, or accompany a van, the University wants to ensure that they are aware of the following insurance restrictions placed on the University regarding the usage of ̨��Swag vehicles to transport personnel.

The Director of Campus Safety is responsible for scheduling the use of the University vans. The University vans may be used by any organization, residence hall, or group recognized by the University, according to the following guidelines; however, use of the vans is a privilege, not a right. This privilege is subject to van availability. The Director of Campus Safety (or designee) reserves the right to deny requests based upon anticipated need or requested purpose. Those who abuse the privilege, as determined by the University, may be prohibited from using the vans. Any groups denied use of the vans may appeal to the Vice President for Student Affairs (or designee).

Guidelines

1. Requests for use of a van should be made 5-7 days in advance to the Director of Campus Safety. Last-minute requests may be denied. Vans are reserved on a first-come, first-served basis; however, official use of the vans by the University has priority over the use of vans by student groups and organizations. Any changes or cancellations must be communicated to the Director of Campus Safety immediately; failure to do so may affect future request approval.
2. The vans will be used primarily for travel in and around the vicinity of ̨��Swag by groups of at least six individuals (not further than a 75 mile distance from the University). The van is not allowed to leave the country (no trips to Canada).
3. Only members of the ̨��Swag community may ride in the University vans. A list of all passengers must be provided to campus safety at the time of van pick-up.
4. A group may be denied the use of a van at the discretion of the Office of Campus Safety if:
   • The group requesting a van plans to attend a bar or other social event where the activity will include the consumption of alcohol.
   • The presence of the ̨��Swag van will reflect negatively on the University.
   • The van is requested for use beyond midnight, without good cause.
5. Students are not allowed to drive a University vehicle. Faculty/Staff who wish to drive a van must have completed the process to become an "Authorized Driver", which can be completed by contacting the office of Employee Engagement.
6. If a group does not have an approved driver, a driver may be requested. To request a driver, their service must be required for at least 3 hours. If a driver is supplied, the group will be charged for the driver’s services.
7. Drivers are responsible for following all motor vehicle regulations and laws. Should a trip exceed 8 hours, multiple approved drivers will be required.
8. Riders are responsible for wearing their seat belts at all times in the vehicles.
9. No food or beverages are allowed in the vans.
10. Groups using a van overnight must be accompanied by a faculty or administrative person employed by the University on a full-time basis.
11. The group is responsible for any tolls and/or parking fees.
12. Van drivers/passengers may not drink alcohol nor use drugs which can affect driving performance during the entire time that they have possession of a van. Alcohol is not permitted inside a University van; smoking is not permitted in the van.
13. Keys to the vans may be picked up at the Campus Safety Desk in the Yurtchuk Student Center. A reservation confirmation with the appropriate signatures must be brought to Campus Safety when picking up the keys along with a list of passengers.
14. When arriving back to campus, the driver will return the van to the proper parking area and ensure the van is locked and secure. The keys must be returned to the Campus Safety Officer on duty. The group must remove any debris from the van interior. The group using the van must refuel the van prior to turning in the keys, failure to do so may result in additional charges/fees.
15. Any negative incidents and/or legal infractions involving the van may result in restrictions in use or complete revocation of the van-use privilege.

̨��Swag is committed to providing a clean, aesthetically pleasing, healthy, hygienic, safe, educational, and living environment to carry out its educational mission. This policy enables the University to control its buildings and grounds in a way that is consistent with the University’s reservations policies on the use of facilities. 

Camping is not permitted on University or affiliated-owned or leased grounds, in or under University structures, or in University buildings except under the approved circumstances below. This policy applies to all ̨��Swag students, faculty, staff, affiliates, contractors, and visitors. 

Camping is defined as:

1. The establishment of, or attempt to establish, temporary or permanent living quarters on any University property other than residence halls, apartments, or University-managed housing.
2. Sleeping outdoors with or without bedding, tent, hammock, or similar device, structure, protection, or equipment between the hours of 10:00 p.m. and 6:00 a.m.
3. Sleeping overnight in or under any parked vehicle.
4. Establishing or maintaining 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 bedding, sleeping bags, mattress, tent or other sleeping equipment, or by setting up any cooking equipment that has not been approved by the University. 

Enforcement and Compliance:

1. Campus Safety is responsible for addressing any 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. Student Affairs is responsible for addressing non-compliance with this policy by ̨��Swag students.
3. Employee Engagement is responsible for addressing non-compliance with this policy by ̨��Swag employees.
4. Students, faculty, and staff may be referred to discipline for alleged violation of this Policy. 
5. Exemptions - actions that constitute Camping as defined above may be permitted in (a) A request for exemption to this policy must be made in writing to the Vice President of Student Affairs or their designee; or (b) in extraordinary and unpredictable circumstances, such as times of natural disaster, when approved in writing in advance by the President of the University or their designee.

̨��Swag requires all trustees, officers, and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the University, we must practice honesty and integrity when fulfilling our responsibilities and comply with all applicable laws and regulations. The University’s internal controls and operating procedures are intended to detect, prevent, or deter improper activities; however, even the best systems of control cannot provide absolute safeguards against irregularities. Accordingly, the University has adopted this Whistleblower Policy to provide a mechanism to assist and encourage trustees, officers and employees to come forward in good faith with reports or concerns about suspected compliance issues on a timely basis.

Reporting Responsibility
It is the responsibility of all trustees, officers, and employees to report suspected financial misconduct. This Whistleblower Policy governs only the reporting and investigation of suspected financial misconduct, such as violations of applicable laws, external regulations, University policy of a financial nature, or misuse of University resources. Financial misconduct may include, but is not limited to, ethics violations, fraudulent transactions, conflicts of interest, inappropriate expenditure of funds, questionable internal controls, failure to comply with accounting standards and audit practices, theft or inappropriate use of cash or other University resources, falsification of hours worked for payroll purposes, and inappropriate spending of cash through the accounts payable process. The policy is not intended and may not be used for personal or employment grievances, general compensation and benefit complaints, opinions on policy, etc. Such concerns should be pursued in accordance with pertinent policies articulated in the appropriate sections of employee and student handbooks. While this policy pertains only to trustees, officers and employees of the University, students with concerns in this regard are encouraged to discuss their concerns with the Vice President for Student Affairs (or designee), who will determine the most appropriate course of action.

The complete policy may be viewed on the University's website at: .

Crime Reporting Policy
̨��Swag strives to maintain a safe campus and relies on all members of the campus community to do their part to keep our campus safe. Any member of the campus community – faculty, student, staff, trustee – who observes criminal activity on the ̨��Swag main campus or at any off-campus instructional site is expected to report such conduct promptly to the police and to the Office of Campus Safety (persons designated as Campus Security Authorities (CSAs) under the Clery Act or Responsible Persons under Title IX are obligated to report criminal activity and have received training accordingly.)

Criminal activity includes, but is not necessarily limited to, physical assault, including sexual assault and abuse; burglary, robbery, arson, or the unauthorized display or use of a dangerous weapon; and the illegal distribution or manufacture of controlled substances. If you observe a crime, phone 911 immediately and follow police instructions. Contact Campus Safety immediately thereafter. Any crime directly involving a member of the campus community, whether as victim or alleged perpetrator, should also be brought to the prompt attention of the Office of Campus Safety. In addition, there are occasions when minors (persons under 18 years of age) are on the ̨��Swag campus or involved in University events. Any person who observes the sexual abuse of a minor or has a reasonable suspicion of such abuse, should immediately notify Campus Safety and the local police authorities (call 911). A call may also be made to the NYS Child Abuse Hotline at 1-800-342-3720. Any such conduct involving a ̨��Swag student or employee should also be brought to the attention of the Office of the President. The prompt reporting of criminal activity is essential to securing a safe campus environment for all persons, including guests and members of the public. No one is exempt from the expectation of law-abiding behavior. There shall be no form of retaliation within the ̨��Swag community against any person making a good faith report of suspected criminal activity.