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 sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, or sexual orientation, or other protected status. Additionally, bias-related incidents may also be a violation of State law, and students may be subject to criminal prosecution.  Marist has a defined process for addressing sexual misconduct, harassment and discrimination under the jurisdiction of the College’s Title IX Coordinator.  Please find policies and procedures related to sexual misconduct, sexual violence, harassment, and discrimination at www.marist.edu/titleix.  These behaviors are not addressed through the Code of Student Conduct.

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.

1.   Harassment: In general, harassment is unwelcome verbal (electronic or written) or physical conduct based on actual or perceived status.

a.   Attempting or threatening to subject another person to unwelcomed physical contact and/or persistent/pervasive harassment.
b.   Pursuing or following another person in or about a public place (s) or through physical, electronic, written, or telephone means.
c.   Unwelcomed communication, including, but not limited to: initiating or attempting contact by any means with no purpose of legitimate conversation; written letters; social media, e-mail; text messaging; instant messaging; voicemail; unwanted gifts; surveillance or other types of photographing or observation, trespassing, and/or vandalism.
d.   Directing obscene language, gestures or abusive conduct, including verbal abuse, threats, intimidation, coercion, or other conduct which has caused a person substantial emotional distress and where the circumstances would cause a reasonable person to suffer substantial emotional distress.
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 private information about another individual without their consent. 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 distribution of such unauthorized images by any means.
h.   Interfering with or directing misconduct toward a member of the community based on their participation in an investigation of misconduct. 

2.   Threatening Behaviors:

a.   Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
b.   Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.

3.   Bullying and Cyberbullying: Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally.

4.   Bystanding:

a.   Complicity with or failure of any student to appropriately address known or obvious violations of the Code of Student Conduct or law;
b.   Complicity with or failure of any organized group to appropriately address known or obvious violations of the Code of Student Conduct or law by its members.

5.   Hazing: No student (individual and/or in concert with others) will 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.
o.   Failing to intervene, discourage and/or report these acts may also violate this policy.

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.

6.   Physical Harm: Marist College does not tolerate any form of physical harm by any member of the college community occurring on or off campus. Any student found in violation of the physical harm policy may be suspended or dismissed
from the College. Physical harm 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 unwelcomed physical contact.

7.   Public Exposure: Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
8.   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).

9.   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:
a.   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
b.   Use of threatening words or conduct
c.   Pursuing or following
d.   Observing and/or surveillance
e.   Trespassing
f.   Vandalism
g.   Treats against another’s loved ones
h.   Collecting information about another from family, friends, co-workers, or classmates

10. Retaliation: is defined as any adverse action taken against a person participating in a protected activity because of their participation in that activity. Retaliation against an individual for alleging harassment, reporting an incident, supporting a reporting party, or for assisting in providing information relevant to a claim is a serious violation of College policy and may be treated as possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately and will be promptly investigated.  The College is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.