Code of Conduct and Community Standards
Upon acceptance and registration, all students become voluntary members of the academic community that values respect and accomplishment. Students' initial and continued participation in this community is dependent upon an understanding not only of their rights and privileges, but of their responsibilities as well.
Enrollment at Monroe College, therefore, assumes an agreement by each student to comply with basic expectations that sustain an environment characterized by civility and conducive to learning, and to abide by the laws of the City and State of New York and the United States.
Violations of Monroe College community standards, this Code of Conduct, regulations, and laws are subject to appropriate disciplinary action, including expulsion, and if necessary, to notify civil authorities.
The following behaviors are explicitly prohibited:
1. Falsification of information to the college through forgery, alteration, or intentional misuse of college documents, records or identification;
2. Theft of, or damage to, property;
3. Gambling in any form;
4. Attendance in any class, or college-sponsored function, under the influence of alcoholic beverages, or narcotics and illegal drugs, or the unauthorized possession and/or sale of alcoholic beverages, narcotics or illegal drugs on the college campus;
5. Smoking in any college facility;
6. Physical or verbal abuse of any other member of the College community or campus guest;
7. Failure to show proper I.D. to college employees acting in the performance of their duties;
8. Failure to comply with reasonable requests or instructions from faculty or administrative personnel, even if the student disagrees with them.
Additionally, students are expected to adhere to the following community standards:
9. Obtain prior consent of the administration before using classrooms or other facilities;
10. Avoid disruptive conduct, excessive noise, and cell phone use, in or near classrooms that prevents instructors from performing their functions;
11. Respect the rights of other members of the college community;
12. Respect the procedures and requirements of libraries, learning centers and administrative offices;
13. Refrain from any act that interferes with normal operation of the college;
14. Refrain from using any unauthorized electronic devices during class sessions;
15. Obtain appropriate approval for bringing visitors and guests and assure that they are aware of Monroe's community standards. In addition to this Code of Conduct, students are expected to understand and comply with the Monroe College Code of Academic and Scholarly Integrity previously described in the section on Academic Policies.
Affirmative Consent to Sexual Activity
“Affirmative consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions, create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.”
Principles for the Monroe College’s community:
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consequences or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
Alcohol and/or Drug Use Amnesty
The College provides that no bystander or victim that reports in good faith, any incident of sexual assault, domestic violence, dating violence, and stalking will be charged with an alcohol or drug use violation of the Monroe’s Code of Conduct. Further, the health and safety of every student at the College is of utmost importance. Monroe College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Monroe College strongly encourages students to report domestic violence, dating violence, stalking or sexual assault to College officials. A bystander acting in good faith or a reporting individual acting in good faith discloses any incident of domestic violence, dating violence, stalking, or sexual assault to College officials or law enforcement will not be subject to the College’s Code of Conduct for violation of alcohol and/or drug use policies occurring at or near the time of the commission of domestic violence, dating violence, stalking or sexual assault.
Student’s Bill of Rights
All students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few College officials as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the College, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
- Access to at least one level of appeal of a determination;
- Be accompanied by a counselor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative criminal justice, or judicial or conduct process of the institution.
Response to Reports
- Reporting individuals have the right to:
- Notify campus security or local law enforcement
- Have emergency access to a Title IX Coordinator or other appropriate officials trained in interviewing victims of sexual assault who shall be available upon first instance of disclosure by reporting individual to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination and detailing that the criminal justice process utilizes different standards of proof and evidence. The official shall also explain where he or she is authorized to offer the reporting individual confidentiality or privacy and shall inform the reporting individual of other reporting options;
- Confidentially disclose the incident to College representatives, who may offer confidentiality and can assist in obtaining services;
- Disclose confidentially the incident and obtain services from the state or local government
- File a report of sexual assault, domestic violence, dating violence and/or stalking and the right to consult the Title IX Coordinator and other appropriate College representatives for information and assistance. Reports shall be investigated in accordance with the College policy and a reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy;
- Disclose the incident, if the accused is an employee of the College, to the College’s human resources authority;
- Receive assistance from the appropriate College representative initiating legal proceedings in family or civil court; and
- Withdraw a compliant or involvement from the institutions process at any time.
The College ensures at the time of reporting, a reporting individual is provided at minimum, with the following information:
- “You have the right to make a report to campus security, local law enforcement, and/or City police or choose not to report; if you report your incident to Monroe you will be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College.”
The College will ensure that you have information about resources, including intervention, mental health counseling, and medical services, including information on whether the services are available for a fee or free charge.
The College will provide information on sexually transmitted infections, sexual assault forensic examinations, and resources available through the New York State Office of Victim Services.
The College ensures individuals are provided the following protections and accommodations:
No Contact:
- When the accused is a student, to have the College issue a “no contact order” consistent with the policies and procedures whereby continued intentional contact with the reporting individual would be a violation of College policy subject to additional conduct charges.
- If the accused and a reporting individual observe each other in a public place, it shall be the responsibility of the accused to leave the area immediately and without contacting the reporting individual.
- Both the accused and reporting individual will be afforded a prompt review, reasonable under the circumstances of the need for and the terms of a no contact order. Each have the opportunity to submit evidence in support of the request.
Order of Protection:
- To be assisted by the campus security, if applicable, or other officials in obtaining an order of protection;
- To receive a copy of the order of protection when received by the College and have the opportunity to speak with a representative of the College who can explain the order and answer any questions;
- To be provided an explanation of the consequences of violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension;
- To receive assistance from campus security in effecting an arrest when an individual violates an order of protection. If campus security do not possess arresting powers, then call in and assist local law enforcement in effecting an arrest for violating such an order;
Interim Suspension:
- When the accused is a student determined to present a continuing threat to the health and safety of the College community, to subject the accused to interim suspension pending the outcome of the judicial process or conduct process;
- When the accused is not a student but is a “member of the College’s community” and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with employee handbooks and rules and policies of the College;
Reasonable Accommodation:
- To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation or other applicable arrangements in order to help ensure safety, prevent retaliation and avoid ongoing hostile environment, consistent with the College’s policies and procedures.
The College will ensure that every student be afforded the following rights:
- The right to a process in all student judicial or conduct cases, where a student is accused of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate the College’s Code of Conduct that includes:
- Notice to the accused describing the date, time, location and factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.
- An opportunity to offer evidence during an investigation, and to present evidence and testimony at the hearing. An opportunity to have access to a full and fair record of the hearing which must be preserved for five years and may include a transcript.
- Access to at least one appeal of a determination before a panel that is fair and impartial and does not include individuals with a conflict of interest.
- The accused and reporting individual shall receive a notice of the findings, the decision sanction (if any), as well as the rationale for the decision and sanction.
The Right of the Accused throughout the Proceeding
- To a prompt response to any complaint and to have such complaint investigated and adjudicated in an impartial, timely and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights or respondent, including presumption that the respondent is “not responsible” until a finding of responsibility is made pursuant to the College’s policies and procedures;
- To an investigation and process that is fair, impartial and provides a meaningful opportunity to be heard and that is not conducted by individuals with a conflict of interest;
- To have the College’s Disciplinary Committee conduct an investigation and proceeding;
- To review and present available evidence in the case file;
- To exclude their own prior sexual history with persons other than the other party in the judicial or conduct process or their own mental health diagnosis and/or treatment from admittance in the College’s disciplinary stage that determines responsibility to refer students for assistance. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanctions:
- To receive written or electronic notice of any meeting they are required to, or eligible to attend;
- To make an impact statement;
- To receive written or electronic notification of the outcome of a judicial or conduct process, including the sanction or sanctions;
- To choose whether to disclose or discuss the outcome of a conduct or judicial process;
- To be informed of the sanction or sanctions that may be imposed on the accused; and
- To have all information obtained during the course of conduct or judicial process be protected from public release until the Disciplinary Committee makes a final determination unless otherwise required by law.