C. Conduct Which Violates The Dignity And/Or Safety Of An Individual

Marist recognizes that it must create an environment where each person’s individual dignity will be valued. In a college setting, it is particularly important that there be a respect for diversity and differences in opinion, as the College is dedicated to providing a comprehensive educational experience that prepares individuals to be able to function in a diverse society. Students deserve to be free from fear of harassment, retaliation or physical abuse. Especially intolerable are bias-related incidents: acts directed against individuals based on race, religion, ethnicity, gender or sexual orientation. Therefore, bias-related incidents, harassment, retaliation, or physical abuse shall subject the offender(s) to more serious levels of sanctioning. Additionally, bi-as-related incidents may also be a violation of State law, and students may be subject to criminal prosecution.

The College shall also impose more severe sanctions upon those individuals who direct misconduct at individuals because they are carrying out duties as-signed to them as staff members or their participation in an investigation by the College. The staff member or individual deserve to be free of harassment, intimidation, harm or threat of harm in the performance of their duties. The following restrictions are designed to protect the dignity and safety of the individual. Their violation will result in disciplinary action. Marist College expects that all students will act in a civil manner that reflects maturity, social responsibility and respect towards all members of the Marist community.

Violations:

1. Harassment: In general, harassment is unwelcome verbal (electronic or written) or physical conduct based upon race, color, religion, sex, sexual orientation, gender, national origin, age, disability, status as a military veteran or protected activity (e.g. opposition to prohibited discrimination or participation in the statutory complaint process), that unreasonably interferes with the person’s work or educational performance or creates an intimidating or hostile work or educational environment. Violations of this policy are very serious and will subject the offender(s) to more serious levels of sanctioning.
     a. Attempting or threatening to subject another person to unwanted physical contact and/or persistent, pervasive, or severe bullying behaviors.
     b. Pursuing, stalking or following another person in or about a public place (s) or through physical, electronic, written, or telephone means .
     c. Non-consensual communication, including, but not limited to: initiating or attempting contact by any means with no purpose of legitimate conversation; written letters; e-mail; text messaging; instant messaging; voicemail; unwanted gifts; surveillance or other types of photographing or observation; trespassing; vandalism; and non-consensual touching.
     d. Directing obscene language or gestures at another person or group of people.
     e. Directing verbal abuse at another person because the individual is carrying out duties and responsibilities associated with his/her role as faculty, staff or student staff at the College.
     f. Distributing information about another individual without their consent using paper, electronic or telecommunication devices. Examples include but are not limited to: on-line journals, blogs, instant messages, text messages, and digital recording devices.
     g. Making any unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy including, but not limited to showers/locker rooms, residence hall rooms and restrooms is prohibited. Also prohibited is the storing, sharing and/or other distribution of such unauthorized images by any means.

2. Hazing: No student (individual and/or in concert with others) shall for the purpose of initiation into, participation, or affiliation with any organization or group, recklessly or intentionally take any action or create or participate in the creation of any situation that endangers the mental, emotional, or physical health of another person (whether or not the act is voluntarily agreed upon).
This includes, but is not limited to:
     a. Requiring the consumption of any food, liquor, drug, or other substance;
     b. Requiring participation in physical activities, such as calisthenics, exercise, or other games or activities requiring physical exertion;
     c. Exposing another to weather elements or other physically or emotionally uncomfortable situations;
     d. Forcing fatigue from sleep deprivation, physical activities, or exercise;
     e. Requiring anything that would be illegal under any applicable law, including laws of the State of New York or Town/City of Poughkeepsie;
     f. Requiring anything that can be reasonably expected to be morally offensive to another;
     g. Committing or requiring any act that demeans another based on race, gender, ability, sexual orientation, religion, or age;
     h. Committing any act of physical brutality against another, including, but not limited to, paddling, striking with fists, open hands or objects, and branding;
     i. Kidnapping or transporting another without their consent ;
     j. Committing verbal abuse;
     k. Forcing or requiring conduct that can be reasonably expected to embarrass or adversely affect the dignity of another, including the performance of public stunts and activities such as scavenger hunts and/or head shaving;
     l. Intentionally creating work or labor for another;
     m. Denying sufficient time for study or other academic activities; or
     n. Committing or requiring another to commit any sexual act or engage in lewd behavior.
Students have a duty to avoid being hazed and should report any acts of hazing to the Office of Student Conduct. Hazing of any kind is strictly prohibited by the College and is also considered against the law in the State of New York.

3. Physical Assault: Marist College does not tolerate any form of physical assault by any member of the college community occurring on or off campus. Any student found in violation of physical assault may be suspended or dismissed
from the College. Physical assault includes, but is not limited to:
     a. Inflicting bodily harm upon any person.
     b. Taking any action for the purpose of inflicting harm upon any person.
     c. Threatened use of force upon any person.
     d. Subjecting another person to unwanted physical contact.

4. Reckless Endangerment: Taking any action that creates a substantial risk such that bodily harm could result to any person. These include but are not limited to:
     a. Use of weapons of any kind for any purpose.
     b. Jeopardizing the physical or emotional safety of oneself or another. (i.e. excessive consumption of alcohol or drugs).
     c. Objects or people on window ledges.
     d. Throwing objects, (i.e. snowballs).

5.  Relationship Abuse (Domestic/Intimate Partner/Dating Violence); Sexual Misconduct, and Stalking.
Members of the Marist community, guests and visitors have the right to be free of relationship abuse (domestic/intimate partner/dating), sexual violence, and stalking. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated.
Marist College is committed to supporting victims through the appropriate provisions of the Student Code of Conduct. Incidents of relationship abuse (dating/domestic), sexual violence, and stalking in New York may be subject to criminal prosecution. Students perpetrating such as acts of violence will be subject to disciplinary action through the Office of Student Conduct.

I. Definition of Relationship Abuse:
Relationship abuse is a pattern of forced or abusive behaviors used to gain and/or exercise control and power in a relationship. This may be with an individual with whom the student had, or has, or seeks to start, a dating, romantic or intimate relationship. Abusive behaviors can be physical, sexual, psychological, verbal or emotional and include, but are not limited to: harassment; stalking; intimidation; emotional, verbal or economic threats; or infliction or threat of bodily harm.  Relationship abuse is sometimes called domestic/dating violence or intimate partner violence. Relationship abuse offenses include, but are not limited to:
• Name-calling, insulting or putdowns
• Keeping or limiting a person from contacting family or friends (isolation)
• Withholding money, food or other necessities
• Stopping the person from getting or keeping a job
• Actual or threatened physical harm (including throwing objects)
• Sexual assault (including pressuring or forcing sexual activity)
• Stalking
• Possessiveness or extreme jealousy
• Intimidation
• Physical assault (hitting, pushing, shoving, etc.)
• Sexual abuse (unwanted or forced sexual activity)
• Emotional isolation/manipulation

II. Sexual Misconduct:
Offenses include, but are not limited to:
     1. Sexual Harassment
     2. Non-Consensual Sexual Contact (or attempts to commit same)
     3. Non Consensual Sexual Intercourse (or attempts to commit same)
     4. Sexual Exploitation

1. Definition of Sexual Harassment:
Sexual harassment is defined as unwelcome, gender-based verbal or physical conduct that is sufficiently severe, pervasive and/or persistent that it unreasonably interferes with, limits or deprives someone of educational or employment access, benefits or opportunities.
(examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence, intimate partner violence, stalking; gender-based bullying).

2. Non-Consensual Sexual Contact is any intentional sexual touching, however slight with any object by a man or a woman upon a man or a woman that is without consent and/or by force or coercion.

3. Non-Consensual Sexual Intercourse is any sexual intercourse, however slight with any object, by a man or a woman on a man or a woman, that is without consent and/or by force or coercion.

4. Sexual Exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples include, but are not limited to:
• invasion of sexual privacy
• prostituting another student
• non-consensual video or audio recording of sexual activity
• going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you have consensual sex)
• engaging in voyeurism
• knowingly transmitting and STI or HIV to another student
• exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals
• sexually-based stalking and/or bullying may also be forms of sexual exploitation

III. Definition of Stalking:
Stalking includes any behaviors or act occurring on more than one occasion over a period of time, however short, that place another person in reasonable distress, harm, or impends his or her mental, physical, or emotional health. Behaviors may
include, but are not limited to:
• Unwelcome communications of any type, including social networking site postings, face-to-face, telephone calls, voice messages, e-mail, text messages, written letters or notes and unwanted gifts
• Use of threatening words or conduct
• Pursuing or following
• Observing and/or surveillance
• Trespassing
• Vandalism
• Treats against another's loved ones
• Collecting information about another from family, friends, co-workers, or classmates

IV. Additional Applicable Definitions
Consent: Consent is mutually understandable where a reasonable person(s) have an understandable agreement between them to do the same thing, in the same way, and at the same time with one another. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in sexual activity. Consent cannot be given by a person who is mentally or physically incapacitated and/or impaired by the use of alcohol or drugs, if the party is asleep, passed out or unconscious.
     • It is not simply the absence of a verbally stated “no”
     • It is never final or binding
     • It is time-limited and situation-specific; even if someone obtained consent from a partner(s) in the past, this does not mean that consent is automatically granted again.
     • Can only be given by someone who is free from verbal or physical pressure, coercion, intimidation, threat, or force
     • The use of drugs or alcohol is not an excuse for failing to obtain consent for sexual activity.

Incapacitation: A state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacity can result from mental disability, sleep, involuntary physical restraint, or by alcohol or other drug use, unconsciousness or blackout. Sexual activity with someone who one should know to be - or based on the circumstances should reasonably have known to be - incapacitated constitutes a violation of this policy.

Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.  Coercion is unreasonable pressure for sexual activity and differs from seduction based on the type of pressure someone uses to get consent from another. When someone makes it clear to you that they don’t want sex, that they want to stop, or don’t want to go past a certain point, continued pressure can be coercive.

Impacted Student/Victim’s Rights as Related to Sexual Misconduct: Because the College values the dignity of each member of its community, the College wants to ensure the individual rights of anyone from this community who reports sexual assault or rape. Therefore, the College endorses and upholds the rights listed in the Provisions For Students Impacted by Acts Of Violence section.

Amnesty for the Reporting Party: The Office of Student Conduct grants amnesty to students/and or those assisting students who are reporting incidents under the relationship abuse (domestic/dating violence); sexual misconduct, and stalking who may have violated the Code of Conduct that would otherwise be considered a violation. For example, if a student was under the influence of alcohol at the same time and s/he became the victim of sexual misconduct no alcohol charges are applied to a student who reports they were sexually assaulted. However, the use of alcohol or other drugs will never function as a defense to a violation of the policy.

Students Who Do Not Want to Take Formal Action or Pursue Conduct Charges: Students or others who are not sure whether they want to make a complaint should still seek help. By contacting the Assistant Dean of Students or the Director of Student Conduct or another campus resource (i.e. faculty, staff, Office of Safety and Security) does not mean that the student must file an official report with the College or report the assault to law enforcement.  These resources are provided to offer non-judgmental support and information to help the student decide what is best for him or her as he or she recovers.  Marist College will make every effort to protect students’ privacy and confidentiality.  Information reported will be shared only on a need-to-know basis.
The College also takes steps to protect students against further misconduct, including retaliation. If a student (or other person) informs a campus resource of an incident of sexual violence or other form of sexual harassment, the College may need to investigate and take appropriate action to fulfill its Title IX obligation to provide a non-discriminatory environment, even if the student wishes to remain anonymous or not to pursue a conduct charge.

Resolving Complaints of Relationship Abuse, Sexual Violence or Stalking: When a student reports relationship abuse, sexual misconduct, and/or stalking to any campus resource, that resource will work with the Assistant Dean of Students Office and/or the Office of Student Conduct to make sure the reporting student is protected (such as against further misconduct). The Assistant Dean will consult with the reporting party regarding protective measures such as changes to College housing and/or academic schedules, removing the student’s information from the College directory, and issuing a “no contact order”.

Additional Resources to Recognize, Report, and Prevent:
Health Services: http://www.marist.edu/healthservices/
Counseling Services http://www.marist.edu/counseling/
Heart1: http://www.marist.edu/counseling/heart1/
Rape, Abuse and Incest National Network: http://www.rainn.org
Clery Center: http://clerycenter.org/help-victims
Love is Not Abuse: http://www.loveisnotabuse.org
Domestic Violence: Love & Control: http://www.doitnow.org/pdfs/179.pdf
It Happened to Alexa Foundation: http://www.ithappenedtoalexa.org
National Center for Victims of Crime and CALCASA: http://www.victimsofcrime.org

 

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