Students are expected to observe at all times the highest ethical standards as members of the academic community. Any form of dishonesty makes a student liable to severe sanctions, including expulsion from the College. In cases where a student is accused of a violation of ethical standards in academic matters, the professor, in consultation with the appropriate academic dean, shall determine the penalty up to failure in the course. Further sanctions, such as suspension or dismissal from the College, shall be determined by the appropriate academic dean. Students should note particularly the following six specific policies:

1. Examination Regulations — Students are expected to be familiar with the regulations that are posted before each semester examination period. Violation of any of these regulations makes a student liable to penalties ranging from failure in the examination to dismissal from the College.

2. Cheating — A student who cheats on any examination is liable to penalties ranging from failure in the examination to dismissal from the College.

3. Plagiarism — Plagiarism is the attempt to fulfill an academic requirement by using the ideas, words or work of another person and representing them as one’s own. Academic conventions dictate that students and scholars must acknowledge the source of phrases and ideas that are not their own. Many ideas and phrases are so familiar that they have become the common property of all; these obviously require no documentation. However, the use of ideas or phrases that are clearly original with another author requires that the appropriate credit be given to the original author.

Plagiarism undermines that basic relationship of trust that must exist between teacher and student and among students for the educational process to work. For this reason, penalties for plagiarism range from failure on the assignment to expulsion from the College. For details about avoiding plagiarism, consult a Writing 101 style handbook manual or the library reference desk.

4. Assisting Cheating or Plagiarism – A student who knowingly assists another student in cheating or plagiarism is subject to the same rules and penalties.

5. Derived Work – Derived work is work containing material (even if modified) that has been previously submitted to fulfill the requirements of another course. Submission of derived work is allowed only with prior approval by the instructor, who may impose additional requirements (e.g. full disclosure in a citation). The penalties for unapproved submission of derived work range from failure on the assignment to expulsion from the College.

6. Classroom Conduct — Students are expected to conduct themselves respectfully and appropriately in the classroom setting. Actions or behaviors that annoy, disturb or otherwise prevent orderly conduct in the classroom may be subject to disciplinary action. Possession or consumption of alcohol, cannabis, illegal or controlled substances is prohibited in classrooms, laboratories, and all other instructional spaces. In addition, a student who appears to be under the influence of alcohol, cannabis, illegal or controlled substances shall not be permitted entry into classrooms, laboratories, and all other instructional spaces.

7. Class recording policy — Students must obtain prior written permission from the instructor before making any audio/videorecordings of a class. Unless this permission explicitly states otherwise, such recordings may not be shared with or distributed to others, and must be deleted/erased at the end of the semester. The penalties for unauthorized recording, sharing, distribution or retention may range up to expulsion from the College. Any student with a disability who requires class recordings as an accommodation must be approved by the Disability Support Services staff and must notify faculty by presenting his or her instructor notification form to be signed.

Requirement Regarding Academic Integrity Tutorial and Exam
Students are expected to observe at all times the highest ethical standards as members of this academic community. All newly matriculated Le Moyne students must take an Academic Integrity Tutorial and Exam during their first semester at Le Moyne. These students will be blocked from subsequent course registration until they have passed the exam.

Appeals
A student who wishes to exercise the right of appeal in these matters may request the academic vice president to convene a review board, whose authority is limited to investigating and determining the facts. This board will be convened only if a student alleges that the facts of the case are in question. Board membership will consist of three faculty members and one non-voting faculty member to serve as chair. These members will be appointed by the president of the Faculty Senate. In addition, at the student’s request, two students may be appointed as nonvoting members of the board by the president of the Student Senate in consultation with the chair of the Academic Affairs Committee of that body.

Aiding, Abetting or Complicity
Helping or encouraging another person to engage in violations of College policies and procedures constitutes aiding and abetting. Witnessing policy and procedure violations and failing to report such inappropriate behavior constitutes complicity. Any such occurrences are subject to disciplinary action.

Preface
As an institution of higher education in the Jesuit tradition, Le Moyne College is dedicated to excellence, the pursuit of knowledge and the education of responsible men and women. Therefore, it is appropriate that the College establish policies that reflect institutional values and aid in the promotion of a healthy Le Moyne community. Part of the College’s mission is to prepare students to make sound decisions affecting both their personal lives as well as social policy, and to fashion values for living in a dynamic and complex world. The College urges all students to act in good judgment and seek help immediately if needed for oneself or a friend. Although this does not absolve any student from the consequences of breaking College policy, seeking assistance may be looked on favorably in the student conduct process. Consistent with this mission, the College hereby adopts and publishes the alcohol and other drugs policies intended to promote the responsible and legal use of alcoholic beverages and to educate students on the liability of persons who use, serve or make alcoholic beverages/other drugs available. All students and their guests are expected to abide by the policies stated here.

General Policy Regarding Alcohol
Possession or consumption of alcohol by any person less than 21 years of age on the Le Moyne College campus is a violation of New York State law. Any student under 21 years of age who misrepresents her/his age in an effort to obtain alcohol is in violation of the law. Le Moyne College is subject to the same local and state laws that govern all citizens, including those concerning the possession, use, sale and distribution of alcohol. Acts that violate these laws are in direct conflict with College regulations. Therefore, any member of the Le Moyne community engaging in such illegal action will be subject to disciplinary sanctions up to and including dismissal from the College. Furthermore, individuals cannot and will not be protected by the College from legal charges brought against them as a result of their actions. The guidelines and sanctions included in the College’s alcohol policy will be subject to change or revision should they prove to be unresponsive to the intentions and/or interpretations of New York state law.

Specific Provisions
1. The College states unequivocally its position that social drinking must never be undertaken to the detriment of, or in violation of, the rights of others. Students are reminded that it is their responsibility to be sober at all times. The College further states that it will not tolerate public drunkenness since intoxicated students act in a manner inconsistent with the values of the College, pose a threat to themselves, and make life unpleasant for those with whom they live. Any student found in an intoxicated condition will need to meet with a designated Student Development Staff member. A judgment as to whether or not a student is intoxicated may be made on the basis of the following factors related to the use of alcohol including, but not limited to:

Whether a student is: 
• unable to walk without assistance 
• speaking incoherently 
• unconscious 
• vomiting 
• emitting a strong odor of alcohol 
• has bloodshot or glassy eyes 
• behaving in a loud and/or disorderly manner

2. Open containers of alcoholic beverages or the consumption of alcohol in any public area on campus (i.e., lounges, corridors, outdoors, etc.) is prohibited, except for functions approved by the associate provost for student development.

3. Kegs, funnels, “beer pong” tables and any items that provide common access to alcohol or promote the excessive consumption of alcohol are prohibited and will be confiscated.

Policies Governing Underage Students
In accordance with the provisions of local and state laws governing the possession, purchase, sale, distribution and consumption of alcoholic beverages, the College states that:
1. Students under the age of 21 may not buy, possess or consume alcoholic beverages. This includes the possession of empty alcoholic containers. 
2. No person may sell, deliver or provide any alcoholic beverage to a student under the age of 21. 
3. If any underage person is observed by a staff member to be in possession of alcohol and/or empty alcoholic containers, the alcohol/containers will be confiscated.

Students found to be in violation of the above policies will be subject to student conduct action.

Policies Governing the Consumption of Alcoholic Beverages by Students 21 Years of Age and Over
1. Students 21 years of age or older may possess and consume alcohol in the privacy of rooms, suites, or apartments in single serving containers only. 
2. Students of legal age are prohibited from providing alcohol to underage individuals. 

Students found to be in violation of either of these policies will be subject to student conduct action.

Policies Governing Special College-Sponsored Events Where Alcohol is Served
On occasion, Le Moyne College or a department or organization within Le Moyne College may host events at which alcoholic beverages are served. Organizations sponsoring such gatherings must comply with the following regulations.

1. In order to consume alcohol at a College-sponsored event, a student must be of legal age. In determining a student’s legal status, the College shall use only official College records. Upon verification of a student’s legal status, the appropriate documentation, i.e. wristbands, stamps, etc., will be issued.

2. Any College-sponsored events (including forums, receptions etc) serving alcohol must be catered by the College’s dining service or an outside caterer insured for liquor liability, and with a contract to indemnify Le Moyne College.

3. Neither student activity fees nor College funds shall be used to subsidize or defray the cost of alcohol at student events.

4. College clubs and organizations will not be permitted to serve alcohol at their meetings, parties or receptions. Organizations in violation of this policy are subject to disciplinary action including dissolution of the organization, disciplinary action against members of the organization and loss of funding.

5. Alcohol is not to be served in course-related events where underage students are members of the class.

6. LSPB and other groups can make arrangements for the College’s dining service to provide alcohol at certain events. The determination of such events shall be made in consultation with the director of campus life and leadership. The decision to allow, or not to allow, alcohol to be served will be based on such factors as the nature of the event, the event’s importance as an activity, and the number and age of students expected to attend.

7. Since it is the general gathering place for students of all classes, the James Commons, in the north wing of the College’s campus center, will not allow individuals to bring alcohol onto the premises at any time. However, for certain functions, alcohol may be served by the College’s dining service to students over the age of 21. On these occasions, students will be required to present proof of age before being served.

General Guidelines for Alcohol-Related Violations 
The following represents general guidelines that are used by the assistant dean for student development or designee when determining sanctions for alcohol-related misconduct. The list below is not exclusive, nor does it represent the maximum or minimum action that may be taken to address particular conduct. 

Possession or consumption of alcohol 
First Offense 
• Formal warning 
• Alcohol education or educational activity (at the discretion of the hearing officer) 
• Letter to parents/guardian (at the discretion of the hearing officer)

Second Offense 
• $75 fine 
• Formal warning 
• Alcohol education 
• Letter to parents/guardian

Third Offense
• $150 fine
• Disciplinary probation
• Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Letter to parents/guardian

Fourth Offense
• $300 fine
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions
• Disciplinary probation and/or College suspension
• Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Meeting with student and parents/guardian

Additional offenses will jeopardize a student’s status at the College

Illegal or unauthorized distribution of alcohol to underage students

First Offense
• $150 fine
• Formal warning or disciplinary probation
• Alcohol education and/or educational activity
• Community service
• Letter to parents/guardians

Second Offense
• $300 fine
• Disciplinary probation and/or College suspension
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions
• Community Service
• Letter to parents/guardians

Additional offenses will jeopardize a student’s status at the College.

Alcohol impairment/abusive use violations 
(e.g., driving under the influence of alcohol, disruptive or violent behavior, drunkenness, or intoxication)

First Offense
• $150 fine (maximum)
• Formal warning or disciplinary probation
• Alcohol education and/or educational activity
• Referral for alcohol evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Community service
• Letter to parents/guardians

Second Offense
• $300 fine
• Disciplinary probation and/or College suspension
• Reassignment of or removal from campus housing
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes and/or social restrictions
• Alcohol evaluation
• Community service
• Meeting with student and parent/guardians

Additional offenses will jeopardize a student’s status at the College

Possession or use of a keg or other large, common source of alcohol

First Offense
• $150 fine
• Formal warning or disciplinary probation
• Alcohol education and/or educational activity
• Community service
• Letter to parents/guardians

Second Offense
• $300 fine
• Disciplinary probation and/or College suspension
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes and/or social restrictions
• Community service
• Meeting with student and parent/guardians

Additional offenses will jeopardize a student’s status at the College.

Health Services lacks the necessary laboratory facilities for immediate, accurate detection of possible lethal drug and/or alcohol blood levels. 

Any student brought to Health Services in a stuporous or semiconscious state will be sent directly to the emergency room of a local hospital for more extensive medical evaluation. If the student’s condition so warrants, an ambulance will be called for transportation. In such cases the student(s) will be responsible for all related expenses.

Assault (such as a physical attack against another person) and the threat of harm (with or without actual physical contact) are serious offenses that may result in a student’s dismissal or expulsion from the College. Fighting occurs when two or more students are engaged in physical attempts to harm each other. While a student may not have instigated an altercation, a student is responsible for fighting when going beyond any force necessary to avoid harm and aggressively attempting to harm the instigator. A student found responsible for fighting may be subject to dismissal or expulsion from the College.

Students are expected to be respectful of College faculty, administration, staff and their peers. Any form of inappropriate communication, gesture or action (including but not limited to pushing, intimidating/threatening/vulgar words, bullying) is prohibited and will result in disciplinary action

Students are required to comply with reasonable requests, directives, or orders by authorized College personnel. Compliance includes, but is not limited to, reasonable requests for students to meet appointments in faculty, administrator, and staff offices, cooperativeness at conduct investigations and hearings, and properly identifying themselves upon request. Students who are found responsible for non-compliance will be subject to disciplinary action.

Students present during the planning or implementation, or assisting in the perpetration, of conduct that is considered a violation of any college policy shall be subject to disciplinary action. Students who anticipate or observe a violation of college policy are expected to remove themselves from association or participation, and students are expected to report [serious] anticipated or actual violations to the college in a timely manner.  Violation of the foregoing expectations may result in disciplinary action. 

Students should be aware of the following policies as they apply to their use of these resources:
• Le Moyne College assigns computing accounts to all members of the College community for exclusive use by the assignee.
• Users are responsible for protecting the security of their accounts and the information accessible by these accounts and are not permitted to share account information with other parties without exclusive permission of the chief information officer or his/her designee. Those who allow others to use their account, either intentionally or accidentally, are held fully accountable.
• Fraudulent or unauthorized use of College or external computing systems is strictly prohibited.

Enforcement of Policies
All users are responsible for understanding and abiding by the policies and principles defined below. The Office of Information Technology may deny access to any or all College computing services, without prior notice, to persons discovered in violation of these policies and principles. Student violations of computer policies and principles may result in the revocation of some or all College computing privileges, referral to the Office of Student Development for appropriate disciplinary action, and/or referral to local, state or federal authorities for legal action where appropriate.

Requirements for Student Computers Attached to the College Network
Malicious software (including viruses, worms, trojans, adware, spyware and bots) continues to pose significant risks to individual’s personal data, campus information services and the campus computing environment.

The following requirements are designed to reduce the risks of malicious software within the College community.

1. All members of the Le Moyne College community who use either personally owned or College-owned computers shall install and maintain College-provided antivirus, anti-spyware, personal/desktop firewall and patch management software on their personal computer(s).

2. Users should verify that their personal computers utilize the latest versions of antivirus, anti-spyware, desktop firewall software and security updates at least weekly.

3. IT may disable the network and email accounts of users who fail to install and maintain required software.

4. IT may disable some or all IT services (including network/Internet access and network and email accounts) for a student, if IT determines or reasonably suspects that the student’s actions or student’s personal computer is a risk to the campus computing environment (e.g., spreading viruses, participating in a bot network, engaging in denial-of-service attack, engaging in network scans).

5. The College has developed a Web page to assist individuals who do not have the required software installed on their personal computers. The page provides access to the required software, in addition to installation and configuration documentation. It can be found under “Current Students.”

6. IT may, at its discretion, help students repair their infected computers. IT reserves the right to charge for this service.

As with all campus computing policies, failure to maintain the mandated software may result in the revocation of some or all College computing privileges, referral to the Office of Student Development for appropriate disciplinary action, and/or referral to local, state or federal authorities for legal action where appropriate.

Ethics of Computer Use
Le Moyne’s computing systems and networks are a vital College resource. All users are expected to use computing services in a manner consistent with the academic mission and principles of the College: refrain from wasteful practices, respect the integrity of College and external computing systems, be considerate and respect the privacy of other users, access only explicitly authorized resources, and use accounts ethically.

Le Moyne College considers it a most serious offense for any user to attempt to degrade the performance of the systems or networks of either the College or any external entity, to circumvent or attempt to circumvent security mechanisms of any computing system, or to deprive or attempt to deprive other users of access to computing resources.

Abuse of Computer Privileges
Abuse includes but is not limited to: using another person’s computer account without the explicit permission of Information Technology; attempting to gain access to another person’s account; tampering with the computing systems or networks, including both its equipment and programs; using the system for commercial purposes; inspecting, modifying or copying programs or data without authorization; sending abusive, obscene or otherwise harassing electronic communications; improper or inappropriate use of the campus or global network; and giving false or misleading information for any purpose associated with use of the College’s computing resources.

The College’s software licensing agreements are generally for administrative, instructional and personal research uses only. Use of these resources for other purposes is considered theft of services. To protect the College’s licensing agreements, such theft must be acted upon by the College and the companies involved. Individuals who are engaged in, or plan to engage in, outside activities (e.g., using the system for commercial applications or consulting projects) must contact IT immediately. (It may be possible to allow such activity through the collection of royalties.) Failure to notify IT of non-authorized uses of computing resources will result in prosecution as described in the “Enforcement of Policies” section above.

Information Security and Privacy
Information and data stored on systems connected to the College network and transmitting the College network are considered confidential and private and shall not be examined by anyone other than the information owner, intended recipient, and other individuals to whom IT has expressly granted permission. Exceptions include but are not limited to: use of analysis tools to identify, detect and prevent system or network problems and abusive computing behavior, and manual or automated auditing of systems for inventory and usage tracking. Moreover, all or a portion of any user’s files may be examined by a vice president or the associate provost for student development, their designates and local, state and federal authorities to investigate claims of non-compliance with College policies or claims of unlawful action.

Le Moyne College Student Email Policy
Email is an official method for communication with students at Le Moyne College. These communications may include, but are not limited to, information about student courses, grades and accounts. Email delivers information in a convenient, timely, cost-effective and environmentally friendly fashion. This policy ensures that all students are aware of the importance of this communication method. Furthermore, it ensures that students can be contacted through a standardized channel by instructors and other College staff as needed.

Expectations Regarding Student Use of Email
Students are expected to check their Le Moyne College official email on a frequent and consistent basis to remain informed of College-related communications. The College expects students to check email daily.

Instructor Policies and Educational Uses of Email
Instructors may set policies defining how students use email in their courses. These policies may include requiring students to check their email on a defined frequency. Instructors may also require students to confirm their subscription to College-provided mail lists. Messages sent to College-provided aliases of official Le Moyne College student email addresses are also considered official communication. For example, messages sent via College provided class listservs, Web Advisor or BlackBoard that use the official Le Moyne College email address are considered official communications for all students enrolled in the class designated by the class listserv address.

Appropriate Use of Student Email
Email is not appropriate for transmitting sensitive or confidential information unless an appropriate level of security and access privileges are utilized. The Le Moyne College email system does provide an appropriate level of security and access privileges. All use of email will be consistent with other College policies, including the Le Moyne College Information Technology Polices described in the preceding section. All use of email will be consistent with local, state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA).

Communications sent to a student’s official Le Moyne College email address may include notification of College-related actions vis-à-vis the student, including disciplinary actions and fines; however, email shall not be the sole method for notification of any legal action.

Procedures
Changes to this policy will be authorized by approval of the executive officers of the College. Questions or comments about this policy should be directed to the director of information technology or e-mailed to Information Technology.

Summary: Le Moyne College Student Email Policy
The College routinely uses email for both formal an informal communication with students. The @stu.lemoyne.edu email address is the account used for College business and official College communications to students. Although students may maintain separate email accounts and addresses, students are expected to check their Le Moyne College account regularly for College communications, and are encouraged to use their Le Moyne College account for personal communication.

Overview

 Le Moyne College is committed to an environment where freedom of inquiry and an open exchange of conflicting viewpoints is supported and encouraged. As a Jesuit institution, the manner in which Le Moyne students engage in civil discourse – regardless of content or viewpoints being expressed – is held to a high standard. Just as students are encouraged to engage in critical thought and social action, so are they expected to do so in a civil manner that honors the inherent dignity of all people, even those who may disagree. Therefore, demonstrations may not take place in a manner that endangers the College community, violates the law, is defamatory, constitutes a genuine threat or harassment, unjustifiably invades the rights of others, or interrupts the functioning of the College.

All Le Moyne students have the right to freedom of speech, expression and assembly, including but not limited to timely demonstrations in response to current events. Students are free to express their views individually or in organized groups, on any topic, subject only to the policies and procedures necessary to preserve the rights of others and the other functions of the College. For the purpose of this policy, the term “demonstration” will refer broadly to the organized display of these rights.

Members of the campus community are reminded that the free expression of ideas and viewpoints will foster an open exchange of ideas and opinions. Persons engaging in respectful protest should expect that others may disagree with them and voice their disagreement. This exchange of ideas is the hallmark of a pluralistic, healthy, and vibrant academic community.

Our Community Expectations

As a Jesuit and Catholic institution, Le Moyne College expects all community members to conduct themselves with respect, care, and thoughtfulness, especially when expressing diverse viewpoints on contentious issues. Expression that is indecent, grossly obscene, or objectively offensive—particularly on matters such as race, sex, color, national or ethnic origin (including shared ancestry and ethnic characteristics), age, religion, disability, marital status, sexual orientation, genetic information, military status, gender, or gender identity—is inconsistent with the College’s Community Standards and applicable federal and state laws (including Title VI and Title IX) and will not be tolerated.

In line with its commitment to fostering speech and expression, Le Moyne College respects the rights of all members of the academic community to explore, discuss, and express opinions, and to debate issues publicly in a civil, orderly, and safe manner. The College supports the right to voluntary assembly and strives to make facilities reasonably available for peaceful assembly.

The opportunity to express oneself is subject to reasonable restrictions on time, place, and manner, as outlined in the College's guidelines, and does not extend to unlawful activity. The authorized use of any College forum for expression does not imply acceptance or endorsement by the College of the views expressed. Le Moyne College will not permit 2 disruptive behavior or disorderly conduct that interrupts its proper operations or infringes upon the rights of others. Individuals engaging in such conduct will be subject to disciplinary action.

Guidelines for Demonstrations, Assembly, Rally and Protest

 These guidelines pertain to demonstrations, protests, and other organized gatherings on Le Moyne property, during College-sponsored events, or using any other College controlled forum. Such demonstrations, protests, and gatherings must be organized and led by students; the Assistant Dean for Student Engagement, located in the Campus Life Office, will serve as the primary administrative contact for students. The first step in this process is to complete this form (Here) at least one business day or 48 hours prior to the planned event. The following are general requirements for demonstrations:

Sponsorship

Any Le Moyne student (currently registered for classes) may serve as a sponsor for a protest/demonstration on campus. Individuals, small groups of students and/or registered student organizations may plan a protest/demonstration on campus. In all cases, protest/demonstration organizers must meet with and register their event with the Assistant Dean for Student Engagement. For Registered Student Organizations (RSOs), the organizers must provide written documentation that they have met with their group advisor/moderator and obtained their agreement to provide direct support for the planned protest, in addition to meeting with the Assistant Dean for Student Engagement; for Affiliate Student Organizations (ASOs), the organizers must work with the Assistant Dean for Student Engagement.

Protest Registration Process

The first step in this process is to complete this form (Here) at least one business day or 48 hours prior to the planned event.

• Students must schedule this meeting with as much notice as possible following completion of the form. Notice will allow college staff time to work with the student(s) to assure the demonstration will abide by college guidelines and maximize the learning experience inherent in the process of a demonstration. Students should email the Assistant Dean for Student Engagement at [email protected], or visit the Campus Life Office.

• The purpose of the meeting is to review the details of the proposed demonstration including proposed time, place, manner, planned size, and location for the event. During this meeting the Assistant Dean for Student Engagement or their designee will set expectations, educate students on what constitutes dissent versus disruption, and express the consequences of violations.

• Reservation of outside campus space for any event will be contingent upon availability and should follow the guidelines and process established by Event Services. Student Engagement (or supporting offices) will help the student(s) coordinate the details and prepare for any additional needs (security, safety concerns, etc.).  Tabling, handing out pamphlets, flyers, etc. may also be a form of protest/demonstration and must follow these guidelines. Produced posters, flyers, etc. 3 must be approved through the college posting policy. The distribution of materials must not impede the normal operations of the College nor community members’ ability to function in living, learning, and/or working on campus.

• The College has ultimate discretion to determine the most appropriate location on campus for an approved event.

• Counter-protesters may also submit the registration form, and the location of the counter-protest will be separated from the original protest to protect the health and safety of all involved.

Responsibility of Student Organizers

Once the details of the demonstration have been confirmed, student organizers, with support from the Office of Student Engagement, are responsible for notifying the Associate Provost for Student Development and the Director of Public Safety via email of the planned demonstration. Student organizers are also responsible for maintaining peace and order, which includes educating participants about the College’s expectations. Individuals or groups who organize the event are accountable for the conduct of their guests and may be subject to disciplinary action as the responsible party for violations of College policy incurred by their guests.  

During a demonstration, the expression of viewpoints may invite or elicit a response from others, including counter-protestors or passersby. In all circumstances, others’ right to personal expression may not be denied. Organizers should be aware that other demonstrations may also be approved that may include opposing views. Maintaining peace and order is especially important under these circumstances to support a campus environment that is accepting of divergent expression.  The College supports academic freedom and recognizes that not all speech and expression align with the College’s values and mission. Organizers should review the student handbook for College policies related to harassment, discrimination, bias incidents, hate speech, and bullying. Organizers will be referred to the Office of Student Conduct should incidents of harassment, discrimination bias, hate speech, bullying, or other conducted deemed inconsistent with community standards be reported.

Student organizers of demonstrations, protests, and other organized gatherings must ensure that they adhere to the College’s expectations regarding movement, involvement of outside organizations, noise levels, use of banners, construction of structures, participant behavior, and communication of event parameters.

Movement

• The demonstration permits the continued operation of College functions and is not disruptive-i.e., allows free movement about campus; allows classes and College-sponsored events to continue unhindered and uninterrupted (including no excessive noise in or near academic buildings); allows other students, faculty, administrators, staff, contractors, and visitors to conduct their business in academic, administrative, athletic, dining, and residence hall spaces; allows unimpeded entrance and egress from College buildings and grounds as needed.

• Demonstrations may not impede the free flow of pedestrian or vehicular traffic, block thoroughfares, or obstruct campus building entry or exit points. Demonstrations may not employ force, violence or intimidation, or constitute an immediate threat of force or violence against person or property. Demonstrators may not possess or use projectiles, firearms, look-a-like firearms, ammunition, fireworks, explosives, dangerous chemicals, weapons, facsimiles or any symbols associated with hate crimes (i.e. swastikas, confederate flags, etc.), the display of which could reasonably be expected to violate applicable College antiharassment policies.

• Demonstrations must take place in the reserved location and any march/process around campus will be permitted outdoors only. Any intentions to march/process must be discussed with the Office of Student Engagement (or supporting department) and planned appropriately. Demonstrations will not be permitted inside residence halls, dining halls, athletic facilities, classrooms, or offices.

Outside Organizations

 • Outside organizations are not permitted to demonstrate on College property without approval from the College. Any engagement with outside organizations should be addressed in the demonstration proposal.

Noise

• Demonstrations need to limit noise to reasonable levels that do not interfere with the learning environment of the campus. The ordinary business of the College needs to be able to continue without noise interference. Demonstrations are prohibited during final exams.

• Use of any voice projection (microphones, megaphone, etc.) must be pre-approved as part of the demonstration/protest registration process.

Banners and Structures

• Use of any banners, structures, furniture, or other free/permanent standing structures must follow the posting policy and be pre-approved by the Office of Student Engagement. No encampments or fixtures to the college grounds will be permitted.

• Demonstrations may not take place indoors or in any space that has been concurrently reserved by other members of the College community or guests. Private offices are not locations for demonstrations and reception areas must remain clear of traffic for egress. Demonstrators may enter private offices only with the permission of the occupant. The hours of building operations need to be observed and followed.

• Demonstrations may not impede the free flow of pedestrian or vehicular traffic, block thoroughfares, or obstruct campus building entry or exit points. Demonstrations may not employ force, violence, or intimidation, or constitute an immediate threat of force or violence against person or property. 5 Demonstrators may not possess or use firearms, ammunition, fireworks, dangerous chemicals, weapons, facsimiles or any symbols associated with hate crimes (i.e. swastikas, confederate flags, etc.), the display of which could reasonably be expected to violate applicable College antiharassment policies.

Behaviors of Participants

• The demonstration respects and preserves College property, including building opening and closing times, facility cleanliness and appearance, and structural integrity. 

 • Those who attend the demonstration must not engage in any violent or threatening behavior and must abide by all state and federal laws and any applicable College policy.  

• Those attending the protest/demonstration may be asked to show their College ID to prove their affiliation with the College.

• All attendees should be made aware of College policies at the beginning of the demonstration/protest.

• Demonstrators may not claim to speak for or otherwise represent the position of the College, unless officially sanctioned by the President or their designee.

• The College student code of conduct, residential life policies and/or other College policies, including health and safety policies,) must be observed at all times before, during, and after a demonstration event.

Communicating the Parameters

• All College policies must be observed at all times in the planning and conduct of the event.

• The organizer is responsible for communicating any parameters that have been set for the event by the Assistant Dean for Student Engagement to all participants prior to the event. The organizer will serve as the primary liaison with the Assistant Dean for Student Engagement or their designee during the event and ensure compliance with those parameters by all participants.

• The organizers of the demonstration event will work with the Assistant Dean for Student Engagement to reserve space on campus, arrange for Campus Security as necessary, and to discuss all related logistics.

 • Demonstrations on campus must account for the potential involvement of outside entities such as the media and local law enforcement. Organizers should prepare for how these groups may influence the event, ensuring safety protocols are in place and that any interactions are handled in accordance with campus policies.  

Presence of College Personnel

Student organizers should expect college personnel including Campus Security to be present for all or part of the event. This presence is often necessary to ensure organizers’ own rights are protected and the College’s regular operations and activities are not interrupted. Presence at an event by Le Moyne employees does not necessarily mean that they endorse or support the content of the expression provided at the demonstration.

Presence of Non-College Community Members

Non-College members of the community, including alumni, are not permitted to host, sponsor, or participate in a campus demonstration without the explicit permission of the Assistant Dean for Student Engagement. Guests at a demonstration will only be permitted if speaking at an event and if invited by the student organizers and in support of the free exchange of ideas. The guest must be registered with the Office of Student Engagement and must provide a copy of their identification card and disclosure of any organizations they represent. Campus guests are expected to follow all College policies; failure to do so may result in the issuance of a no-trespassing order and referral for charges to the local Police Department.

Conclusion of the Demonstration

The length of any given demonstration may vary. Demonstrations will generally be permitted to continue unless College officials determine that College operations or the rights of others have been compromised. This includes considerations for staff who may need to close facilities according to established building hours. Students are only allowed to occupy space during the reserved time and will not be permitted to demonstrate or protest overnight.

At the conclusion of any demonstration, student organizers are expected to make a reasonable effort to return the grounds or area to its original condition. This includes properly disposing of all trash. Any unanticipated or accidental property damage should be reported to College administrators immediately. Any property damage resulting from a demonstration—whether peaceful or disruptive—may lead to the assessment of fees for cleaning, repairs, or replacement of property, which may be charged to the responsible organization or individuals involved.

Procedure for demonstration requests that are not approved

 In the event that a request to conduct a demonstration is not approved by the Assistant Dean for Student Engagement, the organizer may present a 1-2-page appeal letter to the Associate Provost for Student Development. All appeals should be sent to [email protected]. Upon review of an appeal, the Associate Provost for Student Development will inform the organizer of the final decision.

Procedures for Responding to Obstructive or Disruptive Demonstrations

To prevent misunderstandings about behavior that is considered acceptable (dissent) versus unacceptable (disruption), the following guidelines provide definitions and criteria:

• Dissent refers to individual or group activities that express grievances or seek changes within society, the campus, or both. Dissent can be broader than a single 7 grievance or remedy and may have an ideological basis. It typically involves proposed solutions as well as complaints and relies on persuasion.

• Disruption refers to activities that interfere with the rights of others. Unlike dissent, which is grounded in persuasion, disruption may involve harassment, coercion, or violence.

Specific examples of disruption include, but are not limited to:

• Infringing upon the rights of students, faculty, or staff within the College community.

• Disrupting or interfering with instruction, research, administration, or other College activities.

• Reacting to others' peaceful dissent in a way that attempts to deny their rights.

• Obstructing or restricting free movement of individuals on any part of the College campus.

• Denying the use of offices, classrooms, or other facilities to students, staff, or guests of the College.

• Endangering or threatening the safety of any persons or property on campus.

• Threatening others through inappropriate communication, gestures, or actions (including, but not limited to, pushing, intimidation, vulgar language, or bullying).

• Causing the destruction or defacement of property.

The College will communicate with event organizers before demonstrations to set clear expectations and to educate them on the differences between dissent and disruption. Mediation or dialogue may be offered if a demonstration is at risk of becoming disruptive. Any behaviors not explicitly listed here but deemed harmful or disruptive by College officials may also be considered violations.

Violations of the Policy

Event organizers will be notified if the protest guidelines have been violated. Upon the first notification, organizers will be given an opportunity to immediately comply with College guidelines. If a second violation occurs, organizers will be informed that the protest must cease and may need to be rescheduled. A follow-up educational meeting will be required with the Assistant Dean for Student Engagement and the group's advisor. Upon a third violation, Public Safety, and if necessary, local law enforcement (such as the local Police Department), will disband the protest, which could lead to arrests. Failure to comply with College personnel may result in a referral to the Office of Student Conduct and/or a criminal investigation.

Protests or demonstrations may be disbanded immediately if College policies are violated, including but not limited to acts of vandalism, significant disruption to campus operations, lewd or disrespectful speech, harassment or discrimination, interference by 8 non-College guests, or actions that endanger the safety and well-being of the College community.

(Policies by Fordham University, Fairfield University, University of Loyola at Chicago, Loyola University Maryland were consulted in the creation of this statement)

Last Updated, September 18, 2024

Failure to abide by dining regulations, including, but not limited to, engaging in food fights, other disruptive or disrespectful behavior, removal of food or utensils, or unauthorized entrance to the dining hall will result in disciplinary action. Dining privileges suspended or revoked for disciplinary reasons are not eligible for a refund.

Students are prohibited from giving false information in any College proceeding or meeting or knowingly give false information to any College official. Students may not possess false information (including but not limited to fake IDs). The falsification of records is prohibited. In addition, the creation, manufacturing and/or distribution of false identification is prohibited.

Students who are disruptive to the life of the College, disregard the rights of others, or are disrespectful of the community will be subject to disciplinary action.

Possession and/or operation of a drone, unmanned aircraft, or unmanned aircraft system upon or in the airspace of the Le Moyne College campus without the written approval of the associate provost for student development is prohibited.

As an academic institution, the College’s goal is to address the problem of illegal drug use, preferably in a manner that educates rather than punishes. However, Le Moyne College is subject to the same laws – local, state and federal – that govern all citizens, in¬cluding those concerning the use, sale, and possession of drugs. Illegal actions involving drugs are also in violation of College regulations. Therefore, any member of the College community engaging in such illegal action will be subject to disciplinary sanctions up to and including suspension and dismissal. Individuals cannot be protected by the College from the possible additional legal consequences of their acts.
The issues surrounding drug use/abuse are complex. There are a large number of chemical agents that fit into the category of drugs. There is substantial evidence concerning the effects and dangers of drugs, especially the hallucinogenic variety. In any event, the College asserts strong disapproval of drug use for two compelling reasons: First, the major medical professions of the world have made it clear that many of the pharmacological agents that are commonly referred to as drugs and narcotics are detrimental to health, physiological or psychological. Second, drug use is expressly prohibited by state and federal statutes.

The personal and legal risks for students are not to be taken lightly. Illicit drug use is a danger to the quality of an educational environment since it disrupts the community life of the students. It is with this concern for the emotional and physical health of students that Le Moyne states this policy on drug use.

Le Moyne College prohibits the unlawful possession, use, sale or distribution of illicit drugs by its students, employees or guests on its property or as a part of any of its activities. The possession, use, sale or distribution of drug paraphernalia is also strictly forbidden. Such substances and/or objects will be permanently confiscated. This policy applies to all full-time and part-time students taking one or more classes; and to all full-time and part-time temporary employees, including faculty, administration, all exempt and non-exempt staff, student employees and interns and to all guests of the College. Students who violate this policy will be subject to disciplinary action by the College in accordance with the following guidelines:

The possession of drug paraphernalia

First Offense
• Formal Warning
• Drug education or educational activity
• Letter to parents/guardians

Second Offense
• $100 fine
• Formal Warning
• Drug Education
• Letter to parents/guardians

Third Offense
• $200 fine
• Disciplinary Probation
• Referral for drug evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Parent/Guardian Notification
Additional offenses will jeopardize a student’s status at the College.

The use or possession of any illicit drug for personal use

First Offense
• $150 fine
• Formal Warning or disciplinary probation
• Referral for drug evaluation (and possible required stipulations at the discretion of the Wellness Center for Health and Counseling)
• Community service
• Letter to parents/guardians

Second Offense
• $300 fine
• Disciplinary probation and/or College suspension
• Loss of housing selection privileges for on-campus and/or off-campus housing selection processes or social restrictions
• Community Service
• Parent/Guardian Notification

Additional offenses will jeopardize a student’s status at the College.

The sale, manufacture, or distribution of any illicit drug and/or the possession of any illicit drug in quantities large enough or packaged in a manner consistent with the resale of said drug as determined by College officials.

First Offense

• $300 fine
• Removal from campus housing
• Suspension for one academic semester
• Possible expulsion

Additional offenses will jeopardize a student’s status at the College.

Health Services lacks the necessary laboratory facilities for immediate, accurate detection of possible lethal drug and/or alcohol blood levels. 

Any student brought to Health Services in a stuporous or semiconscious state will be sent directly to the emergency room of a local hospital for more extensive medical evaluation. If the student’s condition so warrants, an ambulance will be called for transportation. In such cases the student(s) will be responsible for all related expenses.

As an institution of higher education receiving federal funds, Le Moyne College is required by the Drug-Free Schools and Communities Act of 1986, as amended by the Drug-Free Schools and Communities Act Amendments of 1989, to certify to the U.S. secretary of education that it has adopted and implemented a program to prevent the unlawful use, possession or distribution of illicit drugs and alcohol by students and employees. Accordingly, as part of its anti-drug and alcohol abuse program, Le Moyne College has adopted the following policies and regulations.

Educational Resources
Education of the whole person is a basic premise of Jesuit educational philosophy. In addition to an emphasis on intellectual, moral and spiritual development, Le Moyne College recognizes the development of a healthy lifestyle as a significant aspect of the College experience. Students are expected to make responsible decisions regarding the use of alcohol whether on or off campus. Students are also encouraged to take advantage of various campus resources that aim to educate students about health risks associated with drug and alcohol use/abuse and that support students as they deal with alcohol or drug-related issues. Resources available to Le Moyne Students include:

1. Campus Life and Leadership Staff
Professional members of the campus life and leadership staff and resident advisors plan various educational programs in campus residence halls related to drug and alcohol education. Such programs may include speakers, films, small-group discussions or workshops. Residence life staff members also provide referral information to students in need of additional support or assistance.

2. The Wellness Center for Health and Counseling
The staff at the Wellness Center for Health and Counseling consists of professionally certified counselors who provide counseling support for many needs, including support or referral for persons dealing with alcohol and/or drug related issues. Included on the center’s staff is a professional counselor with expertise in alcohol and drug issues. This individual provides consultation and training to the campus life and leadership staff on a regular basis and is available as a resource to all members of the Le Moyne community.

3. Prevention Network:  315-471-1359

Le Moyne College recognizes that education alone may not be sufficient to address an individual’s actual or suspected abuse of alcohol or drugs. For that reason, in addition to a student fulfilling his or her sanctions and participating in educational activities, the College may also require that a student participate and maintain involvement in manda¬tory evaluation and counseling programs, and if necessary, obtain appropriate medical treatment for alcohol or drug abuse. The College understands that alcohol/drug abuse may have underlying causes and looks to offer all of its students the appropriate resources in order to facilitate a healthy and positive higher education experience.

Applicable Alcohol and Drug Laws
The selling of illicit drugs is a criminal offense punishable by a fine or imprisonment, de¬pending on the specific offense and factors such as prior convictions for similar offenses. Driving while intoxicated is against the law and can result in driver license revocation or even imprisonment in some cases. It is less well known that under New York state law, an individual under the age of 21 could be arrested for purchasing or even attempting to purchase alcohol. It also is a crime in New York state to knowingly allow marijuana to be grown without destroying it. The following is a brief overview of local, state and federal laws governing the possession, use and distribution of illicit drugs and alcohol. This overview is not intended to be an exhaustive or definitive statement of various laws, but rather is designed to indicate the types of conduct that are against the law and the range of legal sanctions that can be imposed for such conduct.

Open Container Law
The city of Syracuse, like many other cities, towns and villages, has an ordinance prohibiting the consumption of or possession of an open container with the intent to consume an alcoholic beverage in any public place or on private property without the owner’s permission. Such permission for all College property must be specifically requested and granted in writing by an authorized official. Violations of the ordinance are punishable by a fine of up to $150 and/or imprisonment for up to 15 days.

DeWitt Town Code
No person shall drink liquor, wine, beer or other alcoholic beverage from any open bottle or container containing liquor, wine, beer or other alcoholic beverage while such person is on any public highway, public street, public sidewalk, public parking area, public park or similar public place, or on private property without invitation or permission of the owner of such property, in that portion of the town of DeWitt, Onondaga County, N.Y., lying outside the incorporated limits of the Village of East Syracuse, not licensed to serve or disperse said alcoholic beverages by the State Liquor Authority pursuant to the Alcoholic Beverage Control Law of the state of New York.

Any conviction of any person for the violation of any of the provisions of this chapter will constitute an offense punishable by a fine of not to exceed $100 or a sentence to a maximum term of imprisonment for a period of five days, or by other such fine and imprisonment.

New York Alcoholic Beverage Control Law
All states prohibit persons from selling or giving any alcoholic beverage to a minor (defined in New York state as under 21 for purpose of the Alcoholic Beverage Control Law) or to a person who is already intoxicated. It is also an offense in New York state, punishable by a fine of up to $200 and/or imprisonment for up to five days, to misrepresent the age of a minor for the purpose of inducing the sale of an alcoholic beverage. Any minor who uses false identification or the identification of another person to purchase an alco¬holic beverage can be convicted and fined up to $100 and/or sentenced to probation for up to one year. In addition, a minor can be arrested and fined up to $50 for possessing an alcoholic beverage with the intent to consume it.

New York Vehicle and Traffic Law
In New York state, it is a misdemeanor, punishable by a fine of at least $350 and/or imprisonment for up to one year (as well as suspension and/or revocation of your driver license), to operate a motor vehicle with a blood-alcohol content of .08 percent or higher. Multiple convictions can result in more serious penalties. For example, a second DWI conviction in 10 years is a felony punishable by up to four years in a state penitentiary.
The rules and penalties for drinking and driving also apply to driving a motor vehicle while a person’s ability is impaired by the use of a drug.

New York Public Health Law
It is a violation of the Public Health Law in New York state for a person to sell or possess a hypodermic needle without a doctor’s written prescription, to grow marijuana or knowingly allow it to be grown without destroying it (Class A misdemeanor punishable by up to one year in a local penitentiary), and to manufacture, sell or possess with intent to sell an imitation controlled substance (Class A misdemeanor; second offense in five years is a Class E felony punishable by a minimum of one year and maximum of four years in state prison). It is also a violation to inhale any glue that releases toxic vapors or fumes. Any person who sells glue for this purpose is guilty of a Class A misdemeanor. The Public Health Law also provides that any private vehicle, boat or plane that has been or is being used to transport a controlled substance can be seized by the police and forfeited under the law.

New York Penal Law
Most crimes involving the unlawful possession and distribution of drugs are defined under the New York state law. The Penal Law contains exhaustive lists of various controlled substances, specific types of offenses, and sanctions ranging from a fine of not more than $100 to imprisonment for life. Examples of crimes under New York law include loitering with the intent to use drugs, appearing in public under the influence of drugs, using or possessing drug paraphernalia, and selling or possessing actual controlled substances. A person with no previous drug or marijuana convictions in three years who is found guilty of possessing less than 25 grams (about 9/10 of an ounce) of marijuana for private use may be fined up to a maximum of $100, whereas conviction of possessing even one gram of a controlled narcotic substance can result in imprisonment for up to one year. The criminal sanctions become much more serious depending on the amount possessed and whether or not it is possessed with the intent to distribute. For example, possession of even one gram of a narcotic drug with the intent to sell it is a Class B felony punishable by up to 25 years in prison. A person who is convicted of the sale of more than two ounces of a controlled narcotic substance in New York state can be sentenced to a term of imprisonment for life. Of course, the Penal Law provides for a variety of sanctions depending on the offense.

Persons convicted of a drug offense in New York state may be sentenced to any one of the following: a conditional discharge that may include any amount or type of community service that the sentencing court deems appropriate, probation, shock probation, which is a combination of jail time and probation (60 days plus up to three years probation for a misdemeanor; six months plus up to five years probation for a felony); intermittent imprisonment, which may include weekends and/or work Saturdays; or straight jail time.

Federal Law
Federal drug laws parallel New York state drug laws in many respects. For example, it is a federal offense to manufacture, distribute or possess with intent to distribute a controlled substance or a counterfeit controlled substance. As under the New York Penal Code, any property associated with the unlawful handling of controlled substances may be forfeited to the authorities. Federal law also provides that a person age 18 or older who distributes a controlled substance to a person under 21 years of age may be sentenced to a term of imprisonment and/or a fine of up to twice the amount authorized for distribution to a person over the age of 21.

An important sanction under federal law is that persons convicted of any federal or state offense involving possession of a controlled substance are ineligible to receive any federal benefits (e.g., social security, student loans) for up to one year. If the offense involves distribution of a controlled substance, the guilty person could be ineligible for any or all federal benefits for up to five years. There are both federal laws and New York state laws specifically dealing with the distribution or manufacturing of controlled substances in or near schools or colleges. For example, federal law provides that a drug offense committed within 1,000 feet of school property, including universities, is punishable by a term of imprisonment and a fine of up to twice the amount authorized for the same offense committed away from school property.

The extent of drinking and drug use on campus varies widely, and many college students do not abuse alcohol or drugs. Nevertheless, alcohol and drugs are part of many college environments, and when coupled with other risky behaviors, can be problematic for students.

Students with questions about or problems with alcohol and/or drugs are encouraged to contact the Wellness Center for Health and Counseling.

Fire and Safety Regulations – Campus Residence Halls

It is essential that all students become familiar with the stairways and all exit doors from the residence halls. The location of fire extinguishers should be carefully noted. In the event that a fire is noticed anywhere on campus, the fire alarm should be pulled, then the security office (4444) should be called immediately and given the exact location of the fire. The dispatcher will contact the appropriate fire department.

Meetings will be held during the academic year at which fire drill procedures will be explained. Failure to exit a building during a fire alarm is a violation of New York state law.

Disciplinary action and a fire safety fine up to $300 may be imposed for failure to respond to a fire alarm and/or tampering with any fire safety equipment.   Any student found to have falsely initiated a fire alarm will be subject to strict disciplinary sanctions.

The deliberate setting of a fire is a very serious offense and may result in removal from housing and/or dismissal from the College.

Fire and Safety Regulations – Le Moyne Community Housing

In addition to its on-campus residence halls, the College owns, controls or has otherwise arranged for use of a limited number of local housing units that are occupied by students.  As with on-campus residence halls, it is essential that students become familiar with the means of egress from these houses.  In the event of a fire, occupants should immediately vacate the premises and call 911. 

Disciplinary action and a fire safety fine up to $300 may be imposed for tampering with any fire safety equipment in these housing units.   In addition, students are required to provide access to authorized College personnel in connection with periodic fire safety inspections, and failure to do so may result in disciplinary action. 

The deliberate setting of a fire is a very serious offense and may result in removal from housing and/or dismissal from the College.

Firearms and/or weapons (including, but not limited to, air guns, rifles, pistols, slingshots, any item that propels an object, mace, switchblades or butterfly knives, bows and arrows, nunchucks, brass knuckles) are not allowed in Le Moyne residences or on campus at any time. The possession or use of pyrotechnics of any kind (including, but not limited to, fireworks, firecrackers, cherry bombs, and sparklers) or dangerous chemicals, is prohibited. If a student is found in possession of a firearm or other weapon, pyrotechnics, and/or dangerous chemicals, it is sufficient cause for disciplinary action.

Gambling is strictly prohibited on the Le Moyne campus. The promotion of gambling activity in College premises is subject to suspension or dismissal from Le Moyne College.

Gambling can lead to significant problems and even addiction. Signs of problem gambling include gambling alone, minimizing and concealing the extent of gambling, or arguing with family members about financial difficulties. Help is available for problem gambling. Treatment options may involve a combination of individual/group therapy, family therapy, financial recovery counseling, and/or psychiatric medications. Sufferers can reduce the role of gambling in their lives and learn to cope with their problems more productively.

Students with questions about or problems with gambling are encouraged to contact the Wellness Center for Health and Counseling.

Discrimination

Le Moyne College does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, marital status, veteran’s status, political ideology, religion, national or ethnic origin, age or disability in the administration of educational policies or programs, admission and employment policies, scholarship and loan programs and athletic and other school-administered programs. As a Catholic and Jesuit institution, Le Moyne is dedicated not only to learning but also the development of sensitive and responsible persons. Because the College prepares individuals for participation in an increasingly diverse world and its institutions, the climate of the College life must be one in which academic freedom prevails along with respect for and tolerance of cultural, ethnic, racial and political differences, religious preferences, sexual orientation, variations in age, and people with disabilities. The College values and celebrates the diverse backgrounds, cultures, experiences, and perspectives of our community.

Through the promotion and protection of diversity, the Le Moyne College community creates an environment where holistic development, academic excellence, and a commitment to the well being of others can flourish. The College is committed to maintaining a diverse and multicultural community in which the dignity and worth of each of its members is respected. The College strongly condemns any unlawful or wrongful discrimination against the rights of others.

Harassment

Le Moyne College is committed to a workplace and educational environment that is free of sexual and other unlawful harassment and where the dignity and worth of each of its members is respected. Sexual harassment is a type of discrimination prohibited by federal and state laws. Sexual or other unlawful harassment occurring in the course of any College activity is prohibited. Harassment on the basis of race, color, sex, sexual orientation, gender identity, marriage status, veteran’s status, political ideology, religion, national or ethnic origin, age, or disability is a violation of College policy.

The College defines harassment as verbal or physical conduct based on a person’s race, color, sex, sexual orientation, gender identity, marital status, veteran’s status, political ideology, religion, national or ethnic origin, age, or disability that is sufficiently severe, pervasive, persistent, or patently offensive that it has the purpose or effect of denying or limiting a student’s ability to participate in or benefit from the educational program, or that creates an intimidating, hostile, or offensive working, educational, or living environment.

Students with concerns about possible discriminatory treatment, harassment by another student, student group, or student organization are encouraged to contact Security (315-445-4444), Campus Life and Leadership (315-445-4520) or the Office of Student Conduct at 315-445-4525. The Office of Student Conduct will review options for addressing the situation. In cases of physical assault or destruction of property, individuals are also encouraged to immediately contact the Security Office at 315-445-4444.

I. Introduction

In accordance with its Jesuit and Catholic mission, Le Moyne College welcomes and respects the fundamental dignity of students, faculty and staff from all backgrounds and identities, strives to create a community that does the same, and facilitates the education and development of students as men and women for and with others. Bias-related incidents, hate crimes, and bullying in all forms are unacceptable and antithetical to these goals as they send a powerful message of intolerance and discrimination, disrupt the community and educational environment and erode standards of civility.

Le Moyne College does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, marital status, veteran’s status, political ideology, religion, national or ethnic origin, age, disability or social class as well as other identities that can be targeted in the administration of educational policies or programs, admission and employment policies, scholarship and loan programs, athletic and other school-administered programs.

As the College is committed to maintaining an environment in which the dignity and worth of each member of its community is respected, it will not tolerate harassment of its members by students, faculty, staff, guests or visitors. The College also does not tolerate any actual or attempted reprisals or retaliation against any employee or student who raises a sincere and valid concern regarding harassment or discrimination. All such discrimination, harassment, and/or retaliation are, therefore, strictly prohibited. Anyone engaging in the above mentioned conduct is subject to disciplinary action as described herein.

In accordance with Section 6436 of the New York State Education Law, and in order to inform the Le Moyne community about bias related crime prevention and reporting procedures, the College provides  programs on student safety and residence hall security. In addition, security procedures and the availability of counseling and support services are discussed with incoming students at New Student Orientation.  Staff members in campus life and leadership, security, counseling, and student development are trained to respond to hate crimes, bias-related incidents, bullying and other crimes on campus.

II. Use of Policy

This policy applies to conduct that occurs on any part of Le Moyne’s campus or property. It also applies when students travel off-campus as part of a College’s activity, team, organization or event. Additionally, Le Moyne has the discretion to discipline student behavior that occurs through the Internet, via mobile phones, and any other digital communication technologies. The College also reserves the right to address hate crimes, bias related incidents or bullying that occurs off campus or during a time when the College is not in session.

The College's bias related team will investigate complaints, and the College will determine the appropriate action to be taken, which may include contacting local law enforcement.

Complaints Against Students
This policy applies in those instances when a community member (faculty, staff or student, including a guest of another student, an alumnus or alumna, or a visitor to the campus) feels they have been a victim of bias behavior or harassment by a Le Moyne College student.

Complaints Against Faculty or Staff
This policy applies if a community member wishes to bring forward a complaint of bias behavior or harassment against a faculty or staff member.

Complaints Against Visitors or Non-Community Members
This policy applies if a student wishes to bring forward a complaint of bias behavior or harassment against a visitor or non-community member (e.g., an alumnus or alumna, a prospective student, a guest of a student, a member of another College’s team, a local resident, etc.).

III. Definitions

Whether a particular act is considered a hate crime, bias related incident or bullying lies in the point of view of the person(s) in which the acts were directed towards. In making these determinations, the Division of Student Development will consider whether the behavior impacts the campus environment and the educational experience of the student targeted.

Hate Crimes
Hate crimes are conduct, such as threats of violence, property damage, personal injury and other illegal conduct (Refer to New York State Penal Law Section 485), which are motivated and/or accompanied by bias.

New York State Penal Law Section 485, also known as the “Hate Crimes Act of 2000,” sets forth the definition of a hate crime. Specifically, a person commits a hate or bias-related crime when they commit a specified offense and either:

intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of that person, regardless of whether the belief or perception is correct, or

intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct.

Bias-Related Incident
The College defines a bias-related incident as behavior that constitutes an expression of hostility against the person or property of another because of the targeted person’s race, religion, sexual orientation, ethnicity, national origin, gender, age or disability.

Bias-related incidents include, but are not limited to, non-threatening name calling and using degrading language or slurs that are directed toward a person because of their membership or perceived membership in a protected class and that create a hostile environment for that person.

Bullying
Bullying is defined as repeated, unreasonable, or unwanted actions of a person or group of persons directed towards another person or group of persons, which are intended to hurt a person physically or emotionally, intimidate, degrade, humiliate, and/or undermine an individual.

Bullying can include covert and/or overt actions and take on many forms including, but not limited to, verbal behavior (such as teasing, threats, name-calling), social actions (such as spreading rumors, excluding individuals, posting inappropriate messages, vandalism), and physical acts (such as hitting, punching, shoving).

IV. Reporting

A. Initiating a Complaint
Individuals who would like to initiate a formal complaint are encouraged to report hate crimes, bias-related incidents and bullying. Formal complaints can be made via the College online reporting system (www.lemoyne.edu/compliance/bias-related-incident-reporting), contacting the bias related team at 315-445-6150 (Monday -Friday, 8:30 am – 4:30 pm), calling Campus Security (315-445-4444) or by visiting the Office of Inclusive Excellence (342 Reilly Hall) or Campus Security (Nelligan Hall) in person.  Incidents that place an individual and/or the community at risk of physical or emotional harm warrant the direct and immediate involvement of College staff.

Incidents that involve physical violence or the threat of physical violence should be addressed with the assistance of the Bias Related Incident Team Chair, Assistant Dean for Student Development, Campus Security, or the Dewitt or Syracuse Police Departments.

It is the policy of Le Moyne College Campus Security to contact all relevant local or federal law enforcement agencies in all cases where crimes may have taken place. These agencies will make their own independent determinations of how to proceed with investigations and/or referrals for prosecution. The decisions of the relevant law enforcement agencies should not be viewed as a replacement for Le Moyne College’s procedures under its Community Standards. Students may face penalties under the Community Standards, regardless of the outcome of any criminal investigation by public official.

All students of Le Moyne College should also be aware of their rights, responsibilities, and duties under local law. New York State law provides enhanced penalties for certain crimes in which bias plays a role. Students are encouraged to advocate for themselves with the assistance of College staff members.

B. Timeframe for Making a Complaint
There is no time limit for bringing forward a complaint against a current student, faculty, or staff member. However, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate or mediate. Therefore, individuals are encouraged to make a complaint as soon as possible after the incident has occurred.

V. Confidentiality

Le Moyne understands that an individual who has been the victim of a hate crime, bias-related incident or bullying may wish to talk about the incident with the assurance that the discussion will be confidential. There are several support resources that students may utilize on a confidential basis. These include Wellness Center for Health and Counseling staff members and members of the Jesuit community. Individuals are encouraged to consult these sources for confidential emotional support. Because these services are confidential, a discussion with any of these sources may not result in a complaint being filed with the College or result in action being taken by the College to respond to the incident. An individual who wants emotional support only should contact the confidential counseling resources listed above. An individual wishing to have an incident investigated, mediated or adjudicated must make a complaint in accordance with the procedures described above.

The College endeavors to respect and follow the wishes of an individual who brings forward a hate, bias-related or bullying concern. However, individuals should understand that Le Moyne may have ethical and legal obligations to investigate, attempt to resolve or adjudicate such incidents that come to its attention. Therefore, depending on the circumstances, it may not always be possible for a conversation with Campus Security personnel, the Division of Student Development, or other administrators to be kept in confidence always or, said another way, for these individuals simply to listen without taking action.

A. Reporting to the Community
Le Moyne College publishes crime statistics annually, including bias-related conduct, in compliance with the Jeanne Cleary Disclosure of Campus Security Policy and Crime Statistics Act. A copy may be acquired by contacting Campus Security and is also published online on their web site annually. Further, as required by the Act, the College provides timely warnings to the campus community of certain crimes if they represent a threat to students and employees.

VI. Conduct Process
In the case of a complaint being filed involving students, guests and/or non-community members, relative to a hate crime, bias related incident or a case of bullying, an investigation of the incident will be conducted by Campus Security and/or the Bias Related Incident Team Chair so that appropriate action may be taken. As per the Student Conduct Process, complaints may be handled through educational conferences, a Student Conduct Formal Hearing Board or mediation.

When an incident involves a College employee as a perpetrator or a victim, the office of Human Resources will be notified and will participate in the investigation with other appropriate College officials. Internal proceedings do not supersede, and will not interfere with, an individual's right to pursue other legal remedies, including criminal prosecution. Campus Security maintains a cooperative relationship with local police precincts and will assist any victim in every possible way through the process of reporting, investigation, and resolution of any criminal proceedings. Anyone who believes they may be a victim of hate crimes, bias-related incidents and/or bullying is also encouraged to utilize the services provided by the Wellness Center for Health and Counseling and Campus Ministry.

VII. Restorative Justice Process

Complaints involving students, guests and/or non-community members relative to a hate-crime, bias related incident or a case of bullying may also be handled through a Restorative Justice Process.

Restorative Justice is an approach to determining responsibility for an act and deciding upon consequences that is focused on the harmed individual. The purpose of restorative justice is to:

Ameliorate the harm caused, including emotional, physical, financial, and relational harm,
Rebuild trust in our community and in each other,
Restore both the harmed individual(s) and the responsible individual(s) to community, whenever possible.
Restorative justice works when the people involved agree that harm has been caused and are clear on the actions that led to that harm.  If an individual is unwilling to admit that they harmed another, restorative justice is not effective.  In a situation where there is disagreement about what happened or who did what, the case is handled through the Student Conduct process.

Initial Discussion

An individual that reports a hate-crime, bias related incident or a case of bullying will be contacted by a member of the Bias Response Team (BRT), usually within 24 hours.  The bias related team member will set up an informal discussion with the reporting party to clarify what happened; explain the options of utilizing the restorative justice process, the conduct process, or merely having the incident reported; and to determine how the reporting party wishes to proceed.

Preparing for a Conference

Members of the Bias Related Team will meet with all individuals involved in small groups or one-on-one settings to review the incident and what harm was caused.  Initially, the reporting person (and allies) and the responding party (and allies) will meet separately. The goal of the meetings is to get a clear picture of what happened and to prepare each side to present their side of the story in a non-confrontational way during the restorative justice conference.

If, at any point, the reporting person decides not to pursue the case, the Bias Related Team will abide by their wishes.  At any point in this period, the reporting party can continue with the Restorative Justice Process, refer the issue to the Office of Student Conduct, or drop the case.  If, during the meetings, there is no acknowledgement of behavior or the harm that it caused, the case cannot continue as a restorative justice case and It must be dropped or referred to the Office of Student Conduct. 

Restorative Justice Conference

The Bias Related Team will facilitate a restorative justice conference once the individual meetings described previously have been completed. During the conference, everyone involved will have an opportunity to speak, uninterrupted, to share their perspective.  Facilitators involved in the process will help individuals participating in the conversation focus on what happened and the harm that was done. The role of the facilitators is to also help ensure that the involved individuals refrain from the use of any non-confrontational statements or personal attacks.  During the conference, the group as a whole will come to consensus on:

What happened
What harms were caused
Who is responsible for each harm
Appropriate actions to ameliorate the harm(s), restore trust, and rebuild community (collectively known as sanctions).
The harmed individual(s) and those who created the harm mutually agree to the sanctions that will need to be completed in order to resolve the matter.  Once the sanctions are decided upon those responsible for the harm will sign an agreement to perform the prescribed actions.  The agreement will include a listing of sanctions and a timeline for completion.

Sanctions follow-up

A member of the Bias Related Team will follow-up with the responsible individuals to confirm that the sanctions are completed.  Individuals that do not complete any of the sanctions, will be referred to the Office of Student Conduct.

The College prohibits any action or situation involving physical or mental abuse, such as harassment; intimidation or hazing*; the forced consumption of liquor, drugs or any other liquid or solid substance for the purpose of initiation into or affiliation with any organization; or other conduct that recklessly or intentionally endangers or threatens the health, safety or welfare of any person on College-owned or operated property or at College-sponsored activities. This applies to all members and organizations of the College community as well as visitors and licensees.

* Hazing is defined as subjecting a person to treatment intended to put him/her in a humiliating or disconcerting position.

Violations of this rule will be handled as follows:
a. Violations by organizations will be heard by the assistant dean for student development and may result in an organization being prohibited from campus, placed on probation, suspended and/or ineligible to operate on College-owned or operated property.
b. If, in the judgment of the assistant dean for student development, individual members of an organization have violated this policy, he or she shall refer the individual(s) to a conduct hearing for action. In such cases, established procedures for adjudicating violations of College policy shall be followed.
c. Any action taken by the College shall be in addition to any penalty pursuant to the penal law. Appeals may be submitted in writing to the associate provost for student development.

The use, possession or storage of hoverboards (self-balancing scooters, battery-operated scooters, hands-free Segways and other similar equipment) is prohibited on the Le Moyne College campus.  Like other contraband items, if found, these items will be confiscated.

Students found responsible for lewd or offensive behavior (including, but not limited to, indecent exposure) will be subject to disciplinary action.

The Internet provides new and increasingly diverse ways for students to become involved, engaged, and connected as members of the College community. Communications on social media sites are not specifically monitored by Le Moyne College officials, but may be brought to the attention of and considered by the Office of Student Development or its designees when it appears that such communications constitute possible violations of the code of conduct, particularly those policies relating to harassment or discrimination. Correspondence/postings between individuals, including e-mails, instant messengers, text messaging, and social media messages may be considered in the conduct process. Students should be aware that the Internet is considered a public forum and information posted there can be viewed by anyone.

Off-Campus Guidelines
Community Relations and Off-Campus Conduct
The Le Moyne College campus is surrounded by several residential neighborhoods. Guidelines for off-campus conduct have been established in order to uphold standards of behavior that should be demonstrated by Le Moyne students when they are present or reside in the local community. The College encourages its students to behave as exemplary citizens and to demonstrate respect and concern for all members of the local community.
A. Be courteous to neighbors and community residents.
B. Operate stereos and other electronic equipment at reasonable sound levels. Keep noise levels within apartments and on the street at reasonable levels.
C. Respect the property of others and refrain from public urination and vandalism.
D. Maintain an orderly residence. The following are examples of a disorderly residence: using or selling drugs; violating alcohol laws; hosting parties where there is public drunkenness; excessive noise and/or other behavior which is in disregard of the surrounding community; violating the College’s Sexual Harassment, Alcohol & Drug Policies or Student Conduct Code.
E. In cases involving student misconduct off-campus, the College reserves the right to exercise its discretion in taking disciplinary action. If found responsible, students may be subject to the same sanctions imposed for on-campus violations.

Le Moyne College reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community and the students who comprise it. The College reserves the right to investigate and subsequently take action for behavior of Le Moyne students in off-campus situations when such behavior is believed to have an impact on the Le Moyne community. Examples are alleged instances of criminal activity commencing on campus but relocated off campus; harassment of or assault on a member of the College community; criminal activity involving a student; violation(s) of city/town ordinances such as public intoxication; noise and vandalism and student conduct violations in organized group living situations or in College-owned housing. The decision to take action in such cases will be determined by the Assistant Dean for Student Development in consultation with appropriate College officials.

 
Consistent with the terms of the College’s Dolphins Declaration and measures adopted by the College to promote social distancing during the COVID-19 pandemic in the interest of protecting the health and safety of the campus community, students are not permitted to host or attend any planned or spontaneous party or other social gathering not sanctioned by the College, whether on or off campus, at which attendance is not limited to the persons residing at the party or gathering location.  Students found violating this policy will be subject corrective action under the Accountability for the Dolphins Declaration, and/or to severe disciplinary action, up to and including suspension or dismissal from the College.

A complete physical examination, medical history and immunization record is required of all full-time students, including transfers. Transfer students may submit a copy of their physical exam/immunization record from their previous college. A $2000.00 fine may be placed on the bill for non-compliance; in addition, registration for classes may be delayed or denied. In addition, no student may participate in intercollegiate athletics until this form is on file.  Additional requirements may be in effect for students active in clinical rotations.

No student shall install or use any device for listening to, observing, photographing, recording, amplifying, transmitting, or broadcasting sounds or events occurring in any place where the individual or group involved has a reasonable expectation of being free from unwanted surveillance, eavesdropping, recording, or observation, unless the student has first obtained the consent of all persons involved.

The purpose of this Policy is to address the College’s responsibilities under Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), its implementing regulations at 34 CFR Part 106[1], the Violence Against Women Reauthorization Act of 2013 (“VAWA”), and New York Education Law Article 129-B (commonly referred to as the “Enough is Enough” law) by providing the Le Moyne College community with a clearly articulated set of behavioral standards, common understandings of definitions and key concepts, and descriptions of Sexual Assault, Sexual Harassment, Domestic Violence, Dating Violence, and Stalking. [1]

Download complete policy (pdf)

Inspired by the Jesuit commitment to cura personalis, Le Moyne College is committed to promoting a healthy and safe environment for students, faculty, staff and visitors. There is considerable evidence that smoking and the use of tobacco products is harmful to those using the products, and with regard to smoke, to those in the proximity of smokers.

This policy is intended to reduce the health risks related to smoking, secondhand smoke and tobacco usage for the campus community.

Effective July 1, 2015, smoking and the use of tobacco products is prohibited on all property owned, leased or operated by Le Moyne College. This includes all indoor and outdoor campus spaces including but not limited to campus buildings, grounds, exterior open spaces, parking lots, on-campus sidewalks, streets, driveways, athletic facilities, practice facilities, recreational spaces and in all College owned or operated vehicles.

This policy applies to all individuals on the Le Moyne College campus, including students, faculty, staff, parents, and visitors, including vendors, contractors and service providers.

Smoking is defined as the burning of tobacco or any other material in any type of smoking equipment, including but not limited to cigarettes, cigars, pipes, hookahs, e-cigarette devices and electronic nicotine delivery systems (ENDS).

Tobacco products are defined as any and all forms of tobacco and smokeless tobacco, including but not limited to cigarettes, cigars, snuff, dipping tobaccos, pouches, dissolvable tobaccos, tobacco waters and pastes.

Members of the Le Moyne community who do not comply with the policy will be addressed, reminded of the importance of compliance and referred to the informational materials available regarding how to comply with this policy and to cessation materials.

Members of the Le Moyne College community who refuse to comply with this policy may be subject to corrective action through the applicable process.

Faculty and staff members alleged to be in violation of the policy are subject to corrective action as administered by the Office of Human Resources.

Students alleged to be violating the policy are subject to corrective action through the appropriate student conduct process as administered by the Division of Student Development.

Visitors, including vendors, contractors and any service providers, will be subject to whatever remedies are available to the College and administered by the Campus Security Department or other appropriate office.

In accordance with the applicable law and Le Moyne College policy, any individual can voice objections to potential violations of this policy in an appropriate manner without fear of retaliation.

For additional information about this policy, a more detailed description of the implementation plan, and timeline, and where to find smoking cessation support, visit the Tobacco Free webpage.

 

No one is allowed to solicit students on campus (including, but not limited to, College facilities as well as information technology infrastructure, such as email) for funds or for selling purposes unless written permission is granted from the College. Students interested in setting up tables for selling purposes in the campus center must receive permission from the Office of Student Development or the Campus Life and Leadership Office. Anyone without this permission should be reported to a campus life and leadership staff member or the security office. Before dealing with anyone, residents are cautioned to check a solicitor’s credentials.

Persons loitering or tampering with any equipment around or in a campus building should be brought to the attention of a staff member and/or the security office, and asked to leave the area. Strangers, including children, should not be invited into students’ rooms or apartments.

Le Moyne College’s community standards and conduct procedures apply to students studying abroad including, but not limited to, short-term programs, semester-long experiences and/or year-long excursions).

Students involved in the attempted or actual theft, sale, or possession of property that does not belong to them, will be subject to disciplinary action and possible arrest and prosecution by state or federal authorities.

 

No person shall enter or attempt to enter any College function or facility without a ticket of admission or proper authorization. In addition, no individual shall enter or attempt to enter a locked building, room, office, or area without proper authorization. Furthermore, unauthorized entrance into or presence in a student room or vehicle is a violation of this policy.

The deliberate destruction of property demonstrates a lack of respect for self, others, and the community. In addition to the replacement or repair cost resulting from such behavior, additional sanctions will be levied, up to and including dismissal or expulsion and possible arrest and prosecution by state or federal authorities.
 

Students will be billed for damage done to College property. Students are not permitted to attempt to fix the damage themselves or contract with an outside vendor for repairs. The College will assist, but does not assume responsibility for, collecting payment on behalf of a student for damage done to the personal property of that student by another student.
 

Accidental or unintentional damage to property is inevitable and unavoidable at times. When it occurs, it will be recognized as such and the responsible individual will be billed simply for the replacement or repair cost.