Sexual and Interpersonal Violence Policies and Procedures for Students (Title IX and Non-Title IX) 

In accordance with SUNY policies on sexual violence, Article 129 of the Education Law and the Violence Against Women Act, SUNY Geneseo will adhere to the following policies, procedures, and definitions in cases of sexual misconduct. Sexual misconduct cases include dating violence, domestic violence, sexual violence, sexual exploitation, stalking, and sexual harassment that fall outside the scope of the College's Title IX Grievance policy.

For allegations that meet geographic scope and definition of sexual harassment under Title IX of the Education Amendments of 1972 regulations issued by the U.S. Department of Education on May 19, 2020, Geneseo's Title IX Grievance policy and procedures will apply.

List of College Policies and Procedures

(if you click on any of the links below and nothing happens, scroll down the page to the accordion section for the policy)

Bias Crimes and the Law

It is a State University of New York - College at Geneseo Police mandate to protect all members of the Geneseo community by preventing and prosecuting bias or hate crimes that occur within the campus's jurisdiction.

Bias crimes, also called hate crimes or bias-related crimes, are criminal activities motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as race, religion, ethnicity, gender, sexual orientation, or disability. Bias/hate crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). For a copy of the amended New York law, see Appendix H.

Penalties for bias crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus conduct procedures where sanctions including dismissal are possible.

In addition to preventing and prosecuting bias/hate crimes, SUNY Geneseo Police also address bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the College as acts of bigotry, harassment, or intimidation directed at a member or group within the Geneseo community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University's Discrimination Complaint Procedure or the Geneseo Student Code of Conduct. Bias incidents can be reported to University Police, the Dean of Students, or the Affirmative Action office. (Procedures for students to report bias-related incidents)

If you are a victim of, or witness to, a bias/hate crime on campus, report it to University Police by calling 245-5222 in an emergency, using a Blue Light or other campus emergency telephone, calling 245-5651, or stopping by University Police at 19 Schrader Hall. University Police will investigate and follow the appropriate adjudication procedures.

Victims of bias crime or bias incidents can avail themselves of counseling and support services from the campus as follows:

Counseling Services at the Department of Student Health and Counseling provides crisis intervention, supportive psychotherapy and/or referral for victims of hate/bias crime. Contacts with Counseling Services are strictly confidential. Support is provided in an atmosphere of acceptance, respect and empathetic understanding which focuses on victims' empowerment. Concerned friends, family and/or partners of students who are victims are also welcome to contact the Counseling office for assistance in responding to the crime. Appointments may be made by visiting the Department of Student Health and Counseling or by telephoning 245-5716. The Dean of Students (354 MacVittie Union, telephone 245-5706) maintains links with community services which assist victims of bias/hate crime. A visit or call to the Dean's Office will assist in identifying and securing assistance from an outside agency.

 


A copy of the State University of New York - College at Geneseo campus crime statistics, including bias-related and bias crimes, as reported annually to the U.S. Department of Education, will be provided upon request by University Police. Please direct all such requests, as well as general requests about security procedures, to University Police at (585) 245-5651. Information can also be obtained in Crime and Campus Safety - Your Right-To-Know publication, the University Police website or the U.S. Department of Education website.

  • The Director of Multicultural Affairs (Multicultural Resource Center, Blake A, telephone 585-245-5620) provides information on how and where to file a report of bias/hate crime and can act as a support for victims through the process. Emphasis is placed on empowering the victim to make decisions that are appropriate for her/him.
  • University Police in Schrader 19 is available 24 hours per day to assist in emergency situations. (Emergency telephone number is 5222 or any Campus "Blue Light Telephone" provides a direct emergency connection.) University Police will respond to the scene of an emergency situation, process complaints regarding any violation of state, federal, or local law and coordinate outside law enforcement, if necessary.

 

Credit Card Policy

SUNY Geneseo realizes the importance of fundraising to its clubs, organizations, and departments. The following policy has been established as an addendum to the already existing SUNY Geneseo fundraising policy, to ensure that various fundraising efforts are in accordance with Federal and State laws.

For the purposes of these guidelines, "credit card vendors" is defined as anyone soliciting student applications for credit cards including, but not limited to, individual students, student groups, not-for-profit groups, and commercial organizations.

Pursuant to Article 129-A of the New York State Education Law 6437 (Prohibition on the marketing of credit cards) the advertising, marketing, or merchandising of credit cards to students by vendors is prohibited at the State University of New York at Geneseo, except those published in newspapers, magazines, or similar publications, or except within the following guidelines:

1. The SUNY Geneseo Credit Union may provide credit card applications as part of the array of services offered to individuals opening an account.
2. Local banks represented at New Student Orientation may provide credit card applications as part of the array of services offered to individuals opening an account.
3. The Credit Union and banks are prohibited from offering gifts or prizes to students in exchange for credit card information, handouts, or applications.
4. Credit card policies must be clearly displayed by the Credit Union or banks at the solicitation site and copies of the credit card policies must be distributed to all individuals who accept (or complete) an application (these policies must pertain to, but are not limited to interest rates, teaser rates, and annual fees).
5. The Credit Union and banks must distribute, and clearly post at the solicitation site, information on the dangers and consequences of consumer debt to all individuals who take (or complete) a credit card application.

External agencies to the institution, other than banks and the Credit Union, may not solicit credit cards to current students. This provision includes the campus bookstore, which may not include credit card material in books or bags.

Information about good credit management practices, including the prevention of personal debt and identity theft, can be obtained through credit-bearing classes, GOLD workshops, or electronic links to off-campus agencies.

Students should be ever vigilant about unsolicited telemarketing solicitations, especially those for credit cards and those that ask for personal information. No door-to-door solicitation of any kind is allowed in the residence halls, but as a campus we cannot prevent phone solicitations. Students are encouraged to contact the National DO NOT CALL registry to prevent unwanted phone solicitations. Preventing these calls is quick and easy. Students simply log into http://www.donotcall.gov; click register now, and enter their phone number. Additional directions will then be emailed. The Do Not Call request lasts for five years.

This policy does not apply to direct mailings to non-student constituencies by the College, its departments, or alumni association.

Hazing Policy

Hazing means any act, explicit or implicit, committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization or team and which is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating or demeaning the student or endangering the mental or physical health of the student, regardless of the person's willingness to participate. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in the above acts.

(Approved by College Council Feb. 17, 2012)


Geneseo's Student Code of Conduct states that all members of the college community are required to abide by the statutory Rules of Public Order (Section 6430) of the New York State Education Law which specifically states:

No person, either singly or in concert with others shall:

Take any action, create or participate in the creation of any situation which recklessly or intentionally endangers mental or physical health or which involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.

New York State Penal Law on Hazing

Section l20.l6 Hazing in the first degree.

A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct, including, but not limited to, making physical contact with or requiring physical activity of such other person, which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury.

Hazing in the first degree is a class A misdemeanor.

Section l20.l7 Hazing in the second degree.

A person is guilty of hazing in the second degree when, in the course of another person's initiation or affiliation with any organization, he intentionally or recklessly engages in conduct, including, but not limited to, making physical contact with or requiring physical activity of such other person, which creates a substantial risk of physical injury to such other person or a third person.

Hazing in the second degree is a violation.

Violations of the College's hazing policy, the Rules of Public Order, or state law will not be tolerated. Individuals and recognized organizations who violate any of the above policies, rules, regulations or laws are subject to college conduct, as well as legal, action; organizations are subject to college conduct action, and risk losing such things as college privileges and/or recognition.

Conduct Procedures For Registered Student Groups

Student organizations are an integral part of the co-curricular life on the Geneseo campus. Such organizations exist to offer a maximum number of opportunities for students to pursue their educational, social and recreational interests. Insofar as they are sanctioned, registered*, and supported by the College, they become an extension of the SUNY Geneseo community. It is expected that each organization receiving the privileges of registration will accept the responsibility of representing the College both on and off campus in a positive manner. Part of that responsibility will include adherence to the Student Code of Conduct.

An established conduct procedure will be used when registered student organizations, including Club sports and intercollegiate athletic teams of the College, violate the Student Code of Conduct. This policy does not supersede the administrative prerogative to withdraw recognition for just cause from any campus organization.

The Dean of Students or his/her designee is responsible for the investigation of all complaints, except complaints within the purview of the Title IX office, or reports charging misconduct by any registered student group. If it is determined that there may be cause for action against a recognized student group, a determination will be made by the dean if the charges can be disposed of administratively by mutual consent of all parties involved, including the Conduct Administrator, or if the matter will be referred to the Student Conduct Board. Such administrative resolution disposition shall be final and there shall be no subsequent proceedings. If after investigation the incident appears to result from individual rather than group action, the individual student’s behavior will be subject to review under the Student Conduct Procedure. Referral of a charge against a group to the Student Conduct Board does not preclude parallel action against the individual students through the College Conduct Procedure in the same case.

Members of the Student Conduct Board Committee are appointed from three of the College’s constituent groups: faculty, administrative staff, and students. The total membership will consist of at least three appointees from each constituent group. After appropriate consultation, the Vice President for Student and Campus Life will recommend to the President each year the names of the members. The President’s appointments to the Committee may be for a specified period of time with there being no limit on the length of time any one individual may serve.

Primary consideration for selection to this Committee is membership in, or advisor to, a recognized organization.

A member of each constituent group will be selected to constitute the Student Conduct Board of three members for each case. The Dean of Students or designee will serve as non-voting chair of each Board. The Dean of Students or designee will prove the charges, introduce evidence and other pertinent information for consideration by the Board. Determination of procedures, introduction of witnesses, rules of evidence, and participation of advisors or attorneys shall be the responsibility of the Dean of Students or designee.

Charges will be presented to a representative of a student organization accused of violation of the Student Code of Conduct no less than three days before the scheduled hearing before the selected Board. The advisor of record of the organization also will receive a copy of the charges and be invited to attend the hearing. The charged organization’s representatives will be given the opportunity to meet with the Dean of Students or designee prior to the hearing to discuss the hearing process and procedures. It will be the responsibility of the charged organization to select no more than two of their members as representatives of the organization at the hearing and any pre-hearing or post-hearing meetings. These individuals will remain the organizational representatives throughout the appeals process. The advisor to the organization (or an approved substitute) may attend all sessions and meetings but is not required to do so.

The hearing process is not based on legal standards and allows the Board full access to all pertinent information related to the charges under consideration. The organization’s representatives are asked to explain and present evidence related to the charges and they are offered an opportunity to discuss with members of the Board all relevant implications of the behavior of their members. They may bring forward a reasonable number of witnesses to provide testimony on the charges and on behalf of the organization. In addition, they may directly question any witnesses that have presented testimony or evidence to the Board related to the organization’s misconduct, unless they have agreed in advance that the written statements of the witnesses are correct. Hearings conducted by the Board are not open to the public. The current College policy regarding the Right to Legal Counsel will apply to these procedures.

The Board first determines by majority vote of its members whether or not the organization has violated the standards of conduct. If the majority find the organization has violated the standards of conduct, the Board will, by majority vote, determine the conduct action to be taken against the organization. The organization’s representatives will be provided the opportunity to provide the Board with information about any extenuating circumstances or other factors that should be considered by the Board prior to the determination of conduct action.

Conduct Actions

The Board’s determination and decision on conduct actions is communicated to the representatives of the organization orally and in writing by the Dean or his/her designee. A copy of the written decision is kept on file in the Dean of Students’ Office. The advisor of the organization is provided a copy of the decision and, if the organization has an external affiliation, the headquarters of the organization will be sent a copy of the charges and the decision. The Board may take any of the following conduct actions:

Written Warning - A letter from the Dean of Students or designee reviewing the behavior of the organization that was inappropriate and expectations for the future. The consequences of similar behavior in the future should be clearly stated. The date on which the Letter of Warning will be removed from the file should also be included.  

Conduct Probation with Sanctions - A severe warning that may require the organization to take specific actions or refrain from certain activities. Specifically, an organization may be required to:

1. Perform a specific community service for a specified amount of time or for a specific purpose;

2. Organize and complete a fund-raising activity with the proceeds to be donated to a designated organization;

3. Make restitution of a specified dollar amount to the individual or group injured by the actions of the organization;

4. Be prohibited for a specified period from the use of College facilities or participation in certain Campus activities;

5. In manner to be determined by the Dean of Students, distribute a written public apology to the College and/or local community.

Suspension of Registration - The withdrawal of registration and its privileges for a specified period of time. Any conditions required for the recognition of the organization should be specified in writing.

Withdrawal of Registration - The permanent withdrawal of registration and its privileges.

Appeal Process

An organization that has received a conduct sanction under this procedure has the right to appeal the Board’s decision to the Vice President for Student and Campus Life. The appeal must be in writing and received by the Vice President’s Office within five (5) working days of the receipt by the organization of the written decision of the Board. The decision of the Vice President will be reviewed by the President of the College before it is issued in writing to the organization’s representatives.

It is expected that the organization representatives making the appeal will meet with the Vice President after submitting their written appeal. The Vice President may uphold the conduct sanction or take a lesser action. The conduct sanction may not be increased in the appeals process. The conduct action taken by the Board will not be implemented until the appeal process is concluded.

If the Vice President is not available to hear an appeal or was involved in initiating charges against the organization, the President of the College will select another administrative officer to hear the appeal.

An organization that fails to fulfill or implement a Board’s conduct action or an action decided on appeal will lose its registration.

Organizations and advisors are given copies of these procedures at the time they are notified of a conduct review. The College administration may at its discretion make public the charges against the organization and the final conduct penalties imposed by this procedure.

The College retains the right to move forward with this procedure if the charged organization does not participate in a timely manner.

(* Registration is a formal process by which student social, academic, fraternal and service organizations are allowed to function by the College.)

Investigation of Violent Felony Offenses and Missing Students

The University Police Department should be notified of any violent felony offense occurring on campus property. Members of the college community are asked to immediately report all suspected violent felony offenses, including (but not limited to) murder, manslaughter, sodomy, aggravated sexual abuse, assault, burglary, robbery, arson, and criminal possession of a dangerous weapon. University Police officers work closely with local, state and federal law enforcement agencies and college officials to gather and share as much information as possible with victims, families and the public. Victims and witnesses of crimes or other traumatic incidents are encouraged to seek assistance by visiting the Department of Student Health and Counseling at (585) 245-5716; or by contacting the Livingston County Sheriff's Office Crime Victim Coordinator at (585) 243-7046. Information shared with college counseling officials is not released without the client’s written consent unless there is fear for safety to the client or to someone else.

In cases of a missing person complaint, a police investigation is initiated when there is no reasonable explanation for a person’s absence. University Police should be immediately notified of all missing person reports for students residing both on and off campus. The College provides students with the ability to designate an individual for the institution to contact within 24 hours of the student being reported missing, and provide students with the means to register confidential contact information in the event they are missing longer than 24 hours. If the student resides on campus and is missing for longer than 24 hours, the College is required to notify the contacts listed by the student. In cases of an unemancipated student under 18 years of age, the College is required to notify a custodial parent or guardian within 24 hours of the student being determined to be missing. If a student resides off campus and is missing for more than 24 hours, the Chief of University Police will notify the appropriate law enforcement agency within 24 hours after the student is determined to be missing. The NYS Office of Forensic and Victim Services Missing Person Data Collection Guide is used to gather valuable information when handling missing person’s cases.