Code of Conduct
Fei Tian College is an academic community dedicated to the transmission of knowledge and the free pursuit of truth. The institution acknowledges core values based in truthfulness, compassion, and forbearance that come to characterize the Fei Tian experience. Faculty, staff, contractors, vendors, and visiting guests to the College assume an obligation to conduct themselves in a manner compatible with institutional values, applicable laws and standards, and the commitments set forth in this Code of Conduct.
As members of the college community, we have a commitment to:
- Carry out our duties in good faith and to advance the college’s values and mission, safeguard its resources, and protect its reputation;
- Take individual responsibility and be accountable for our own actions;
- Be stewards for the property entrusted to us and protect them against theft or misuse;
- Protect the privacy of those who entrust confidential or privileged information to us, and use such information only for the purposes for which access was provided;
- Ensure all documents prepared or used in furtherance of institutional operations are accurate and complete to the best of our ability;
- Avoid even the appearance of impropriety and exercise care so that our personal interests do not conflict with the institution’s interest or interfere with our objective judgment;
- Act honestly, fairly, and courteously at all times towards students, parents, colleagues, and members of the greater community;
- Promote a diverse culture free from unlawful discrimination;
- Refrain from abusing the authority entrusted to us or harassing others; and
- Bring suspected unethical conduct to the attention of college officials when we have a good faith belief that the conduct has occurred, and cooperate with related investigations.
Questions about the application of policies can be directed to the responsible party listed in the policy. If situations arise where a specific law or college policy does not govern, guidance may be sought from a supervisor, an institution official, or counsel. The college will investigate all reports of suspected non-compliance, regardless of source, and implement corrective action or disciplinary action when necessary.
Fei Tian College reserves the maximum discretion permitted under the law to change any of its established policies at any time with or without notice.
Fei Tian College values cultural harmony in the process of meeting its institutional goals, and is committed to creating a supportive environment for the open exchange of ideas. The College is an equal opportunity employer and prohibits discrimination in any aspect of its operations against any individual on the basis of race, color, sex, age, gender, or any other applicable protected class in accordance with federal, state or local laws.
Non-discrimination and Anti-harassment
Fei Tian College is committed to maintaining a learning environment that is free of bias, prejudice, and harassment—one that supports, nurtures, and rewards personal, educational, and career advancement on the basis of merit and ability. All members of the college community are expected to treat one other with dignity, courtesy, consideration, and professionalism. The institution prohibits discrimination and harassment against an individual on the basis of that person’s race, color, gender, age, or any other status protected under applicable federal, state, or local laws.
Fei Tian College is committed to conducting its affairs ethically and in compliance with laws, regulations, and college policies. Retaliation against members of the College community for making good faith reports of suspected ethical misconduct is strictly prohibited, and is subject to disciplinary action up to and including termination or separation.
Non-tolerance of Violence
Fei Tian College will not tolerate violence or threats of violence on the College premises and in any College-sponsored activity. Acts of violence include any physical action, whether intentional or reckless, that harms or threatens the safety of another or the same individual. A threat of violence includes any behavior that by its very nature could be interpreted by a reasonable person as intended to cause physical harm to another individual. Violation of this policy may lead to disciplinary sanctions up to and including termination of employment or work. Violations may also be referred to the appropriate authorities for legal prosecution.
Smoking, Alcohol, Drugs, and Weapons
Fei Tian College has a zero tolerance policy on smoking and alcohol. Cigarettes, smoking devices, and alcohol are prohibited on the College premises and in any College-sponsored activity. The College also maintains a drug-free campus. The unlawful manufacture, distribution, dispensation, possession, and/or use of controlled substances are prohibited on the College premises and in any College-sponsored activity. No individual shall possess or carry a weapon while on the College premises and in any College-sponsored activity, except if the individual is a law enforcement, military, or security officer, or otherwise has special approval by the President. Violation of any of the foregoing policies may lead to disciplinary sanctions up to and including termination of employment or work. Violations may also be referred to the appropriate authorities for legal prosecution.
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Fei Tian College
140 Galley Hill Rd
Cuddebackville, NY 12729-5225
Fei Tian College recognizes and endorses the importance of academic due process and of resolving grievances properly without fear of prejudice or reprisal. Any regular employee of the College shall have recourse to the Judicial Committee for a recommended resolution. Employees who believe existing laws, policies, procedures, or practices have been violated, misapplied, or misinterpreted, and are perceived to have adversely affected an individual’s professional or academic capacity, may file a grievance on their own behalf.
The Judicial Committee is responsible for administering these grievance policies and procedures, and for making recommendations to the college president concerning individual grievance cases.
If an employee grievance arises, the employee should first attempt in the spirit of mutual understanding and cooperation to resolve the dispute or complaint through a meeting and open exchange with the concerned individual(s), or if not concerning an individual, then with his or her department chair or unit supervisor. In the case of an impasse, the employee should then attempt a meeting with the employee ombuds.
If the informal grievance process does not bring about a resolution, the employee may file a complaint and begin the formal grievance process.
The formal grievance process begins on the date of filing of the Employee Complaint Form. The complaint generally must be filed within three months of the occurrence. If the complaint involves a faculty member or administrator on the Judicial Committee, that individual shall be recused from the case.
A grievant may seek assistance in the grievance process from an advisor who is a member of the faculty or administration. The grievant and college representative may each, at their own respective expense, retain counsel for purposes of assisting in the grievance case.
Upon receipt of the Employee Complaint Form, the Judicial Committee shall conduct a preliminary review to determine whether it will hear the grievance case. Dismissal of a grievance case is not appealable, and cannot serve as the basis for a grievance. In conducting its preliminary review, the Judicial Committee may meet with the grievant and may obtain information from any source and in any manner it determines to be necessary or useful in reaching a decision.
Should the grievance case be accepted, the Judicial Committee arranges a meeting between the involved parties within 15 workdays. Based on the meeting and documents provided by both parties, the Judicial Committee makes a written advisory determination and proposed decision within 15 workdays. At this time, the committee will provide all parties with a written copy of its proposed decision.
Within 10 workdays of the issuance of the committee’s proposed decision, the president shall issue a decision adopting, rejecting, modifying, or remanding the proposed decision.
Within 10 workdays after the issuance of the president’s decision, the grievant and/or college representative may appeal the president’s decision to the Board of Trustees. The Board of Trustees shall consider whether to accept the appeal or decline, in which case the decision of the president shall be final. The final decision of the president or the Board of Trustees, as applicable, is binding and shall not be subject to external review.
Article 129-B Policies
Pursuant to Article 129-B of the New York State Education Law (as added by Chapter 76 of the Laws of 2015), the Board of Trustees of Fei Tian College has adopted the following policies required by this article.
Section 6441 Definition of Affirmative Consent Policy
Fei Tian College hereby adopts the following definition of affirmative consent:
Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
Furthermore, the College adopts the following principles for its community:
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
Section 6442 Alcohol and/or Drug Use Amnesty Policy
The health and safety of every student at Fei Tian College is of utmost importance. The College 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. The College 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 the College’s officials or law enforcement will not be subject to a College 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.
Section 6443 Students’ Bill of Rights Policy
The College is committed to providing options, support, and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad.
All students have the right to:
- Make a report to campus security, local law enforcement, and/or state police;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the institution, any student, the accused, and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of the institution;
- Access to at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
Section 6444 Sexual Violence Response Policy
In accordance with the Students’ Bill of Rights, reporting individuals shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:
Notify campus security, local law enforcement, and/or state police;
- Have emergency access to an appropriate official who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding options to proceed. Such official shall also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and shall inform the reporting individual of other reporting options;
- Disclose confidentially the incident to institution representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals;
- File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult an appropriate institution representative for information and assistance. Reports shall be investigated in accordance with institution policy and a reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy; and
- Withdraw a complaint or involvement from the institution process at any time.
- At the first instance of disclosure by a reporting individual to an institution representative, the following information shall be presented to the reporting individual: You have the right to make a report to campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.
To obtain effective intervention services, reporting individuals shall have information about resources, including intervention, mental health counseling, and medical services, which shall include information on whether such resources are available at no cost or for a fee. The College shall also provide information on sexually transmitted infections, sexual assault forensic examinations, and resources available through the New York state office of victim services, established pursuant to Section 622 of the Executive Law.
Protection and Accommodations:
- When the accused is a student, to have the College issue a “No Contact Order,” consistent with college policies, meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person. Both the accused/respondent and reporting individual may request a prompt review of the need for and terms of a No Contact Order, consistent with College policy, including requests to modify the terms of or discontinue the order. Parties may submit evidence in support of their request.
- To be assisted by the institution’s police or security forces, if applicable, or other officials in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order;
- To receive a copy of the order of protection or equivalent when received by an institution and have an opportunity to meet or speak with an institution representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person or persons;
- To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension;
- To receive assistance from campus security in effecting an arrest when an individual violates an order of protection or, if campus security does not possess arresting powers, then to call on and assist local law enforcement in effecting an arrest for violating such an order, provided that nothing in this article shall limit current law enforcement jurisdiction and procedures;
- When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process. Parties may request a prompt review of the need for and terms of an interim suspension;
- When the accused is not a student but is a member of the institution’s community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable employee handbook and rules and policies of the institution;
- To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to help ensure safety, prevent retaliation and avoid an ongoing hostile environment, consistent with the institution’s policies and procedures. Both the accused or respondent and the reporting individual shall, upon request and consistent with the institution’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, and shall be allowed to submit evidence in support of his or her request.
Student Conduct Process:
- The right to request that student conduct charges be filed against the accused in proceedings governed by this article and the procedures established by the institution’s rules;
- Throughout conduct proceedings, the respondent and reporting individual will have:
- The same opportunity to be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process. Rules for participation of such advisor shall be established in the code of conduct.
- The right to a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made pursuant to the provisions of this article and the institution’s policies and procedures, and other issues including, but not limited to domestic violence, dating violence, stalking or sexual assault.
- The right to an investigation and process that is fair, impartial and provides a meaningful opportunity to be heard, and that is not conducted by individuals with a conflict of interest.
- The right to have the institution’s judicial or conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten days except when law enforcement specifically requests and justifies a longer delay.
- The right to review and present available evidence in the case file, or otherwise in the possession or control of the institution, and relevant to the conduct case, consistent with institution policies and procedures.
- The right to exclude their own prior sexual history with persons other than the other party in the judicial or conduct process or their own mental health diagnosis and/or treatment from admittance in the institution disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.
- The right to receive written or electronic notice, provided in advance pursuant to the college policy and reasonable under the circumstances, of any meeting they are required to or are eligible to attend, of the specific rule, rules or laws alleged to have been violated and in what manner, and the sanction or sanctions that may be imposed on the respondent based upon the outcome of the judicial or conduct process, at which time the designated hearing or investigatory officer or panel shall provide a written statement detailing the factual findings supporting the determination and the rationale for the sanction imposed.
- The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
- The right to simultaneous (among the parties) written or electronic notification of the outcome of a judicial or conduct process, including the sanction or sanctions.
- The right to be informed of the sanction or sanctions that may be imposed on the respondent based upon the outcome of the judicial or conduct process and the rationale for the actual sanction imposed.
- The right to choose whether to disclose or discuss the outcome of a conduct or judicial process.
- The right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.
- If the College should lack appropriate on-campus resources or services shall, to the extent practicable, it shall enter into memoranda of understanding or agreements with existing community-based organizations, to refer students for assistance or make services available to students, which may also include resources and services for the respondent
Section 6445 Campus Climate Assessment Policy
Climate assessments afford institutions the opportunity to better understand their campus and to make informed decisions when it comes to providing a safe educational environment. Beginning in the 2016-2017 academic year, the College will conduct a climate survey every other year that ascertains general awareness and knowledge of reporting and college adjudicatory processes for sexual harassment, including sexual violence, and other related crimes.
The survey will address at least the following. Student and employee knowledge about:
- campus policies addressing sexual assault;
- how and where to report sexual violence as a victim/survivor or witness; and
- the availability of resources on and off campus, such as counseling, health, academic assistance.
The College shall take steps to ensure that answers to such assessments remain anonymous and that no individual is identified. The College shall publish results of the surveys provided that no personally identifiable information shall be shared.
Beginning in the summer semester of 2016, the President or designee will convene a group of scholars and practitioners to review methods of assessing campus climate, specific questions asked in past surveys, relevant data on responses and response rates, issues and problems encountered in survey implementation, and lessons learned from past surveys. The President or designee will gather this data and seek to develop a standardized survey, with the advice of relevant members of the Fei Tian community and knowledgeable outside entities, that uses established measurement tools, to be implemented every two years by the College beginning in the 2016-2017 academic year. This policy may be changed by the President or designee should federal and/or State legislation require a different process or duplicate efforts to assess campus climate via survey.
Section 6446 Options for Confidential Disclosure Policy
The College wants you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus officials or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself. Confidentiality varies, and this document is aimed at helping you understand how confidentiality applies to different resources that may be available to you.
- Privileged and Confidential Resources. Individuals who are confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances, such as a health and/or safety emergency.
- Requesting Confidentiality. If you disclose an incident to a College employee who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the institution’s request to initiate an investigation, the coordinator must weigh your request against our obligation to provide a safe, non-discriminatory environment for all members of our community, including you. We will assist you with reasonable and available accommodations regardless of your reporting choices. While reporting individuals may request accommodations through several college offices, the Office of Student Affairs can serve as a primary point of contact to assist with these measures. We also may take proactive steps, such as training or awareness efforts, to combat sexual violence in a general way that does not identify you or the situation you disclosed. We may seek consent from you prior to conducting an investigation. You may decline to consent to an investigation, and that determination will be honored unless the College’s failure to act does not adequately mitigate the risk of harm to you or other members of the College community. In such a case, the College will consider many factors to determine whether to proceed despite that request including: whether the accused has a history of violent behavior or is a repeat offender; whether the incident represents escalation; the increased risk that the accused will commit additional acts of violence; and whether we possess other means to obtain evidence such as security footage. If the College determines that it must move forward with an investigation, the reporting individual or victim/survivor will be notified and the College will take immediate action as necessary to protect and assist them.
- Public Awareness/Advocacy Events. If you disclose a situation through a public awareness event or other public event, the College is not obligated to begin an investigation.
- Institutional Crime Reporting. Reports of certain crimes will be included in the College’s Annual Security Report in an anonymized manner that neither identifies the specifics of the crime or the identity of the reporting individual or victim/survivor.
- Privacy versus Confidentiality. Even College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the coordinator or designee who is responsible under the law for tracking patterns and spotting systemic issues.
Section 6447 Student Onboarding and Ongoing Education Policy
The College shall educate all new and current students using a variety of best practices aimed at educating the entire college community in a way that decreases violence and maintaining a culture where sexual assault and acts of violence are not tolerated.
All new first-year and transfer students will, during the course of their onboarding to the College, receive training on the following topics, using a method and manner appropriate to the institutional culture of the campus:
- The institution prohibits sexual harassment, including sexual violence, domestic violence, dating violence, stalking, other violence or threats of violence, and will offer resources to any victims/survivors of such violence while taking administrative and conduct action regarding any accused individual within the jurisdiction of the institution.
- Relevant definitions including, but not limited to, the definitions of sexual violence and consent.
- Policies apply equally to all students.
- The role of the Campus Security and other relevant offices that address violence prevention and response.
- The Article 129-B policies and related procedures.
- Consequences and sanctions for individuals who commit these crimes.
Methods of training and educating students may include, but are not limited to:
- Website disclosure;
- Online/intranet training;
- Orientation programs;
- Posters and bulletin boards.
Section 6448 Privacy in Legal Challenges Policy
Pursuant to subdivision (i) of rule three thousand sixteen of the civil practice law and rules, in any proceeding brought against an institution which seeks to vacate or modify a finding that a student was responsible for violating an institution’s rules regarding a violation covered by this article, the name and identifying biographical information of any student shall be presumptively confidential and shall not be included in the pleadings and other papers from such proceeding absent a waiver or cause shown as determined by the court. Such witnesses shall be identified only as numbered witnesses. If such a name or identifying biographical information appears in a pleading or paper filed in such a proceeding, the court, absent such a waiver or cause shown, shall direct the clerk of the court to redact such name and identifying biographical information and so advise the parties.
The campus must make a notation on the transcripts of students found responsible for crimes of violence. The notations are for suspension, expulsion, or withdrawal with charges pending.
Section 6449 Reporting Aggregate Data to NYSED Policy
The Department will create a reporting mechanism to annually submit this information:
- The number of such incidents that were reported to the College.
- Of those incidents in paragraph (a) of this subdivision, the number of reporting individuals who sought the institution’s judicial or conduct process.
- Of those reporting individuals in paragraph b of this subdivision, the number of cases processed through the Institution’s judicial or conduct process.
- Of those cases in paragraph c of this subdivision, the number of respondents who were found responsible through the Institution’s judicial or conduct process.
- Of those cases in paragraph c of this subdivision, the number of respondents who were found not responsible through the Institution’s judicial or conduct process.
- The number of cases in the Institution’s judicial or conduct process that were closed because the complaint was withdrawn by the reporting individual prior to a final determination.A description of the final sanctions imposed by the institution for each incident for which a respondent was found responsible, as provided in paragraph d of this subdivision, through the Institution’s judicial or conduct process.
- The number of cases in the institution’s judicial or conduct process that were closed prior to a final determination after the respondent withdrew from the Institution and declined to complete the disciplinary process.
Policy for the review of no contact order
Both the accused or respondent and the reporting individual shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request.
Policy for review of an interim suspension
Both the accused or respondent and the reporting individual shall, upon request and consistent with the institution’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of his or her request.
Policy for review of interim measures/accommodations
Both the accused or respondent and the reporting individual shall, upon request and consistent with the institution’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, and shall be allowed to submit evidence in support of his or her request.
Policy for transcript notations and appeals
For crimes of violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act14 established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” The respondent may appeal removal of such transcript notation. However, such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.
Policy on how parties can review the case file/evidence
Every Institution shall ensure that every student be afforded the following rights: Throughout proceedings involving such an accusation of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate the institution’s code of conduct, the right: to review and present available evidence in the case file, or otherwise in the possession or control of the institution, and relevant to the conduct case, consistent with institution policies and procedures.
Article 129-B Legislative Definitions Policy
“Accused” shall mean a person accused of a violation who has not yet entered an institution’s judicial or conduct process.
“Bystander” shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.
“Confidentiality” may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.
“Domestic violence”, “dating violence”, “stalking” and “sexual assault” shall be defined by each institution in its code of conduct in a manner consistent with applicable federal definitions.
“Privacy” may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate institution officials. Institutions may substitute another relevant term having the same meaning, as appropriate to the policies of the institution.
“Reporting individual” shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.
“Respondent” shall mean a person accused of a violation who has entered an institution’s judicial or conduct process.
“Sexual activity” shall have the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).