Student Life

• Policies and Procedures
• Adjustments for Pregnancy or Pregnancy Related Conditions
• Accommodations for Students with Disabilities
• Student Code of Conduct Dismissal Policies
• Complaint Resolution
• Sanctions
• Appeal Process
• Grievance Procedures
• Education Records
• Sexual Misconduct Policy
• Student Information Technology Resources Policy
• Family Educational Rights and Privacy Act of 1974

Policies and Procedures

Non-Discrimination Policy

Consistent with its obligations under governing laws, Bryant & Stratton College prohibits discrimination on the basis of race, color, national origin, age, sex, perceived gender identity, disability, religion, sexual orientation, marital status, pregnancy or any other characteristic protected by governing law in the administration of its educational policies, admission policies, scholarship and loan programs, and other College-administered programs.

It is the policy of Bryant & Stratton College to comply with:

• Section 504 of the Rehabilitation Act of 1973 (Section 504) and its regulations, which prohibit discrimination on the basis of disability. It is also the policy of Bryant & Stratton College to comply with the Americans with Disabilities Act of 1990 (ADA). Accordingly, Bryant & Stratton College does not discriminate on the basis of disability in admission or access to, or treatment or employment in, educational programs and activities. In addition, Bryant & Stratton College abides by its obligation to provide academic adjustments with auxiliary aids and services as are necessary for qualified students with disabilities as required by Section 504 and/or the ADA.
• Title IX of the Education Amendments of 1972 and its regulations, which prohibit discrimination on the basis of sex, including pregnancy or pregnancy related conditions such as childbirth, false pregnancy, termination of pregnancy or recovery therefrom. This requirement not to discriminate extends not only to students but to applicants to Bryant & Stratton College. Moreover, this policy of non-discrimination includes a prohibition on sexual harassment and sexual violence.  Inquiries about the application of Title IX to the College may be referred to the designated campus Title IX Coordinator or to the Assistant Secretary for Office of Civil Rights of the Department of Education, or both. 
• The Age Discrimination Act of 1975 and its regulations, which prohibit certain discrimination on the basis of age. Accordingly, Bryant & Stratton College does not illegally discriminate on the basis of age.

An individual may contact either the Americans with Disabilities Act (ADA) / 504 Coordinator or the Grievance Coordinator with matters related to compliance with disabilities laws. For matters related to compliance with other anti-discrimination provisions individuals may contact the Grievance Coordinator. See the Civil Rights and Other Non-Academic Grievances Directory posted to the College website at www.bryantstratton.edu.

If the individual has a complaint regarding a matter related to discrimination on the basis of race, color, national origin, age, sex, perceived gender identity, disability, or religion, students may elect to use these grievance procedures.  Individuals also may contact the Department of Education Office of Civil Rights by email at OCR@ed.gov or first class mail at U.S. Department of Education, Office of Civil Rights, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue, SW, Washington, DC 20202-1100.

Adjustments for Pregnancy or Pregnancy Related Conditions

Bryant & Stratton College recognizes and accepts its responsibilities under Title IX of the Education Amendments Act (1972) and its implementing regulations to not exclude a student’s participation in, deny a student the benefits of or subject a student to discrimination on the basis of sex, including pregnancy or a pregnancy related condition such as childbirth, false pregnancy, termination of pregnancy or recovery therefrom.  The College recognizes that students who are pregnant or who have a pregnancy related condition may be in need of a reasonable adjustment to a College policy so the student may continue to pursue their educational endeavors.  The College seeks to create an environment that encourages voluntary sharing of information so that support can be provided to students in need.  To that end, although students are not required to inform the College of their pregnancy or pregnancy related condition, they are encouraged to do so in the event a reasonable adjustment is necessary.

What Types of Adjustments May Be Requested

Students may request adjustments or accommodations necessitated by pregnancy or a pregnancy related condition such as childbirth, false pregnancy, termination of pregnancy or recovery therefrom.  Some examples of adjustments such a student may require could be:

• Modified seating arrangement for class (i.e., a larger desk or different chair/table);
• Accessible parking;
• Breaks during class (i.e., more frequent breaks);
• Bringing food or drink into class;
• Adjustments to course-related deadlines;
• Excused absences (when medically necessary);
• Excused leave of absence for the period of time deemed medically necessary and a return to the same academic status as pre-leave (note that changes in program requirements or availability could impact academic status upon return);
• Limited lifting, standing or other restrictions (when medically necessary);
• Access to appropriate lactation space.

Please note that this is not an exhaustive list and a student in need of a reasonable adjustment is encouraged to initiate and engage in the interactive process outlined below so that support can be provided by the College where available and appropriate.

Requesting a Reasonable Adjustment

A student in need of a reasonable adjustment to a College policy due to pregnancy or a pregnancy related condition must contact their Title IX Coordinator and submit their request in writing.  Requests for adjustments may be made at any time, are considered on a case-by-case basis and responses will depend on need, academic requirements, reasonableness and availability of the adjustment requested.  Upon submitting a request to the Title IX Coordinator, receipt of the student’s request will be acknowledged in writing and the student will be asked to engage in an interactive process alongside the Coordinator and other administrative staff as may be necessary in order to determine whether the request can be granted, to arrange for the requested adjustment (if granted) or identify an alternative.  Medical documentation may be required in order to demonstrate that a requested adjustment is medically necessary.

Submission of a request does not guarantee its approval.  Not all requests can be granted by the College.  A request that would require a fundamental alteration of course or program requirements, or that would place an undue administrative or financial burden on the College, may be denied.  The interactive process between the student, the Title IX Coordiantor and other necessary staff is important in order to identify whether more reasonable accommodation(s) may be possible in the event the College is unable to grant the initial request.  To that end, students who are pregnant or dealing with a pregnancy related condition are encouraged to contact their Title IX Coordinator as soon as possible so that future needs may be considered in advance as the student’s pregnancy (or recovery from the pregnancy related condition) progresses.

If possible, a student in a clinical degree program who is in need of an adjustment related to their clinical participation should contact their Program Director (or designee) prior to selection of clinical/internship sites.  Students are reminded that requests for adjustments may be made at any time.  As with classroom expectations, clinical/internship participation and outcome expectations are a required component of all clinical degree programs at the College.  Requests for adjustments related to clinical participation also will be considered on a case-by-case basis through an interactive process with the student, Title IX Coordinator and Program Director (or designee).  The execution of an authorization for the release of information related to the request may be needed so that the request can be discussed with the potential clinical/internship site(s) in order to determine whether the requested adjustment will be acceptable to the site.  If the requested accommodation is not acceptable to any potential clinical/internship site, the College will work with the student to determine whether there is a viable alternative that would not require fundamental alteration of course or program requirements and to arrange for completion of clinical participation requirements when the student is able, if there is no viable alternative.

As part of the interactive process, the student will be informed in writing by the Title IX Coordinator (and/or Program Director or designee in the event of a clinical student’s request for a clinical participation adjustment) of the College’s decision on the requested adjustment, along with any other pertinent information (such as future adjustments as determined to be necessary and arranged for in advance).  Please note that adjustments are not effective until the interactive process, described above, is complete and you receive a communication stating that your request for an adjustment has been granted.  Submitting your request and any necessary additional documentation or information does not guarantee your specifically requested adjustment and does not immediately put that adjustment into place.

Grievance Procedures Related to Requests for Adjustments

If a student feels their request for an adjustment was not satisfactorily considered, addressed or handled, or was wrongly denied, the student is encouraged to utilize the College’s Grievance Procedures outlined herein to submit a formal grievance to the appropriate Grievance Coordinator for consideration of the handling of the initial adjustment request and any decision related to the same.  Students who wish to submit a formal grievance must do so within thirty (30) days of the event that is complained of.  The College’s Grievance Procedures will include investigation by the Grievance Coordinator, an opportunity for submission of evidence and any other steps to ensure a prompt, equitable and thorough investigation of the student’s complaint.  The Grievance Coordinator will issue a written disposition of the complaint after investigation.  An appeal of that written disposition may be made to the Campus Director within ten (10) business days of receipt of the written disposition.  The decision of the Campus Director is final.  Students in Virginia dissatisfied with the decision of the Campus Director may contact staff at the State Council on Higher Education for Virginia as a last resort at 101 N. 14th Street, Richmond, VA 23219.

In certain situations, a pregnancy, pregnancy related condition or complication may be protected under the Americans with Disabilities Act (ADA).  If that is the case, the student may instead request a reasonable accommodation under the ADA pursuant ot the process outlined below.  In either the case of an adjustment or an accommodation, it is both the right and responsibility of students to identify their need for services and to engage in an interactive process with the College to address those needs.

Accommodations for Students with Disabilities

In compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), Bryant & Stratton College recognizes and accepts its responsibility to provide a broad range of services to qualified students with disabilities in an effort to ensure them equal opportunity and full participation in their educational efforts. To that end, Bryant & Stratton College maintains institutional policies and procedures that govern the provision of accommodations to students with disabilities.

Reasonable accommodations are available to students with disabilities who provide documentation by a qualified professional and are ‘otherwise qualified’ for admission to the College. The student must demonstrate that they possess the ability to meet the academic standards of the curriculum. Each student’s eligibility for accommodations is considered and determined on a case-by-case basis dependent on the supporting medical and/or psychological documentation provided. It is both the right and responsibility of students to determine their need for services.

Students seeking accommodations must complete and submit a Request for Accommodation form for review by the campus ADA/504 Coordinator. A complete list of the ADA/504 coordinators can be found on the college website of www.bryantstratton.edu.  While students may discuss requested accommodations with faculty members if they so choose, students should be aware that members of the faculty are not authorized to grant such accommodations.  Students are encouraged to discuss with the ADA/504 Coordinator reasonable accommodations appropriate to support the student.

Student Code of Conduct/Dismissal Policies

Academic and Non-Academic Code of Conduct Policy, Exclusive of Incidents of Sexual Misconduct

Students should conduct themselves in a manner consistent with the College’s educational mission.  The term “student” includes all persons enrolled and taking courses at the College, either full-time or part-time.  This Student Code of Conduct applies to students at all locations of the College including students of Online Education and Continuing Education and applies to conduct that occurs at any College campus, premises, facility (including on-campus housing and off-campus housing secured through the College), the College’s online environment and any College-related activities.  Students at the College are expected to conduct themselves honestly, ethically, and meet the highest standards of personal integrity and to comply with the Student Code of Conduct.  Conduct in violation of this Code is subject to appropriate disciplinary action.

Policies and procedures related to sexual misconduct and other related offenses are outlined in the College’s Sexual Misconduct Policy.

Prohibited Conduct

Students may be subject to discipline up to suspension or dismissal from Bryant & Stratton College for poor conduct including but not limited to:

Cheating - The term “cheating” includes, but is not limited to: (1) inappropriate collaboration or carrying out conduct which the student knew or should have known provided him with an unfair advantage in the course; (2) using any course materials for which distribution and use has been specifically prohibited by the instructor. This includes but is not limited to, materials found on crowdsourcing source sites, such as Course Hero, Grade Buddy, and Koofers, which contain materials such as graded quizzes and exams, homework answers, etc., along with any questions that are or might be intended for future quizzes and exams; (3) sabotage; (3) falsification; (4) bribery; (5) the use of any unauthorized assistance in taking quizzes, tests, or examinations; (6) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (7) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff; (8) theft of another student or person’s academic work; and (9) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

Plagiarism - The term “plagiarism” includes, but is not limited to: (1) “self-plagiarism,” which includes a student reusing significant, identical, or nearly identical portions of his or her own work without acknowledging that one is doing so or without citing the original work; (2) the use of purchased reports or other material represented as the student’s work; (3) the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear attribution; and (4) the unattributed use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

Other forms of prohibited behavior:

• Illegal downloading or unauthorized distribution of copyrighted materials using any of the College’s information technology resources. The College’s procedures for addressing students’ unauthorized distribution of copyrighted materials and an explanation of the sanctions to be imposed for copyright infringement are set forth in this Catalog.
• Furnishing false information to any College official.
• Forgery, alteration, or misuse of any College document, record, or instrument of identification.
• Disruption or obstruction of teaching, research, administration, disciplinary proceedings or other College activity, (including an on or off campus service function, an authorized non-college event held on College premises, facility or online). Examples of such activities include, but are not limited to, the following:
  • Participating in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal operations of the College or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled or normal activities within any campus building or area. This includes such activities carried out in the College’s online environment.
  • Obstruction of the free flow of pedestrian or vehicular traffic on College premises, facility or at a College-sponsored or supervised function(s).
  • Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or facility, including the Bryant & Stratton College online environment, or at functions sponsored by, or participated in by, the College or members of the College Community. This includes but is not limited to: any unauthorized use of electronic or other devices to make an audio, video, digital, or any other electronic record of any person while on College premises, including the Bryant & Stratton online environment, without his/ her prior knowledge or effective consent when such a recording is likely to cause injury or distress. An example of such conduct is surreptitiously taking photos of another person in a gym, locker room, or restroom.
  • Drunken or disorderly behavior on College property, premises or facility, or at functions sponsored or supervised by the College.
  • Conduct that threatens or endangers the health or safety of any person including oneself, on College property, premises or facility including the Bryant & Stratton online environment, or at functions sponsored or supervised by the College. This includes, but is not limited to:
    • Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens, harasses, intimidates, humiliates, or endangers any person regardless of the geographic location of such activity. This includes, but is not limited to, any violation of the College’s Non-Discrimination, Non-Harassment and Non-Retaliation policies and the above-listed conduct carried out in social media and other online environments.
    • Hazing that endangers the mental or physical health or safety of a student or other members of the College community, or the destruction or removal of public or private property, for the purpose of initiation, admission into, affiliation with, or a condition for continued membership in, group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
    • Bias related crimes where a member of the College community is singled out because of their perceived age, disability, or sexual orientation. Under the New York State Hate Crimes Act of 2000 (Section 485.05 of the NYS Penal Code), in addition to the criminal charges and the penalties a perpetrator must face for the “crime” element of a hate crime, the law allows for additional charges for the “hate” element as well. This significantly increase the crime the perpetrator is charged with as well as the penalties and time of imprisonment if convicted.
    • Causing or creating fire;
    • The illegal use, possession of, or tampering with safety measures or devices, including, but not limited to alarm systems, fire exit signs, emergency telephone systems, smoke or heat detectors, fire hoses, security systems, doors, etc.
    • Failing to conform to safety regulations, including, but not limited to falsely reporting or circulating a false report of an incident (e.g. bomb, fire, or other emergency), falsely reporting the use or possession of a firearm or explosive, or failing to evacuate facilities in a timely fashion in emergency situations or in response to fire alarms.
    • Smoking in any indoor College buildings except in private suites and rooms in the residence halls that are duly designated as “smoking” Smoking is also prohibited within thirty feet (30f) of exterior ventilation intake, within ten feet (10f) of College building entrances and open windows, and in all exterior stairwells.  Federal law prohibits all use, possession, and/or cultivation of marijuana at U.S. educational institutions.  Federal law requires any institution of higher education that receives federal funding to have policies in place that prohibit possession, cultivation and/or use or marijuana on campus - this includes Bryant & Stratton College.  Therefore, the use, possession and/or cultivation of marijuana is not permitted on any Bryant & Stratton College property, facility, location, campus, building, residence hall or off-campus apartment obtained through Bryant & Stratton College, regardless of state law permissions.
    • Illegal or unauthorized possession of firearms, explosives or other weapons, or dangerous chemicals on College premises. In the event a student is licensed or otherwise permitted to carry a firearm and is required to carry a firearm even while off duty as a condition of his or her employment or service, prior to coming to campus with the firearm, the individual should present evidence of the licensure and evidence of the requirement to carry the firearm even while off-duty, so that the College can validate such a request.
    • Failure to report to the Campus Director, Dean or local law enforcement agencies any knowledge of criminal activity on campus, including but not limited to murder, rape, robbery, aggravated assault, burglary, or motor vehicle theft. Such a report shall be provided in a manner that is timely and that will aid in the prevention of similar occurrences.
  • Unauthorized use and misuse or abuse of College property, including, but not limited to the following:
    • Attempting to leave the library with library materials that have not been properly borrowed, unauthorized use of computer equipment, or misuse of College telephones.
    • Attempted or actual theft of or damage to College property or property of a member of the College community, or other personal or public property either on or off College premises. The term “College premises” includes the Bryant & Stratton College online environment, all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks).
    • Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises including the Bryant & Stratton College online environment

Theft or other abuse of the College’s electronic or computer facilities and resources, including but not limited to:

• Unauthorized entry into a file.
• Unauthorized transfer of a file.
• Use of another individual’s identification and/or password.
• Use of electronic or computing facilities and resources to interfere with the work of another student, faculty member, or College Official.
• Use of electronic or computing facilities and resources to send obscene or abusive messages.
• Use of electronic or computing facilities and resources to interfere with normal operation of the College computing system..
• Use of electronic or computing facilities and resources in violation of copyright laws.
• Any violation of the College’s Computer Use Policy or the Copyrights Abuse policy.
• Use of electronic or computing facilities and resources for purposes other than education, academic, administrative, or research purposes of the College.
• Theft, damage, or misuse of library or computer resources.
• Violation of the College’s Student Information Technology Resources Policy or related policies.

Failure to abide by applicable rules and policies, including but not limited to the following:

• Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties or failure to identify oneself to these persons when requested to do so.
• Failure to comply with safety and/or health policies, protocols or requirements in place at the campus including, but not limited to, those that pertain to not only the physical safety and health of oneself, but those that pertain to the physical safety and health of other members of the College Community.
• Placing other members of the College Community in harm’s way or at risk in any manner including, but not limited to, actions or inactions that may cause or contribute to causing physical harm, injury, illness or damage to property.
• Violation of any College published policy, rule, or regulation.
• Violation of any federal, state, or local law.
• Violations of the conditions of a sanction imposed through College disciplinary procedures.

Failure to abide by residence hall policies, procedures, guidelines, and regulations.

Any abuse of the College student judicial (Student Code of Conduct, Grievance and Dismissal, Sexual Misconduct, Accommodation Requests, etc.) system, including, but not limited to:

• Failure to obey the directive of a judicial body or College official;
• Falsification, distortion, or misrepresentation of information before a judicial body; Disruption or interference with the orderly conduct of a judicial proceeding;
• Knowingly instituting a judicial process without cause;
• Attempting to discourage or obstruct an individual’s proper participation in, or use of the judicial system;
• Influencing or attempting to influence another person to commit an abuse or obstruction of the judicial system.
• Attempting to influence the impartiality of a member of a hearing or grievance proceeding;
• Verbal or physical harassment or intimidation of a member of a judicial body or witness prior to, during, or after a judicial proceeding;
• Failure to comply with the sanction(s) imposed pursuant to any disciplinary proceedings.

Improper or Illegal Use or Abuse of Controlled Substances Including, but not Limited to the Following:

• Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances prohibited by law.  Federal law prohibits all use, possession and/or cultivation of marijuana at U.S. educational institutions.  Federal law requires any institution of higher education that receives federal funding to have policies in place that prohibit possession, cultivation and/or use of marijuana on campus - this includes Bryant & Stratton College.  Therefore, the use, possession and/or cultivation of marijuana is not permitted on any Bryant & Stratton College property, facility, location, campus, building, residence hall or off-campus apartment obtained through Bryant & Stratton College, regardless of state law permissions.
• Use, possession, manufacturing, or distribution of alcoholic beverages, or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age.
• Engaging in conduct that reflects poorly upon the College.

The Dean or designee of each campus is appointed as both the Judicial Officer (for purposes of Student Code of Conduct violations and disciplinary proceedings) and Grievance Coordinator (for receiving and investigating formal grievances).

Retaliation Policy

Any attempt by a student, faculty, or staff member to retaliation, intimidate, threaten, coerce, or otherwise discriminate against a person who makes a report of or who is otherwise involved in reporting, an investigation of, or a hearing for alleged violations of the College’s conduct policy, is prohibited. Persons who believe that they have been retaliated against for making a complaint/report or for cooperating in an investigation or hearing should immediately contact the College’s Grievance Coordinator. Any person who retaliates against a person who has cooperated in an investigation and/or hearing is in violation of College policy and will be subject to disciplinary action.

Complaint Resolution

Disciplinary Procedures versus Grievance Procedures

Disciplinary Procedures are initiated by the College’s Judicial Officer and are used when there is an allegation of student misconduct.  While one may report a matter that may lead to a Disciplinary Procedure, only the Judicial Officer may initiate one.  Resolution of a Disciplinary Procedure may include a variety of sanctions issued against the charged student.

Grievance Procedures are used to seek resolution of claims of discrimination and other non-academic-related grievances against members of the faculty or administration.  The resolution of a grievance may include a variety of remedies depending on the investigatory result.

Student Disciplinary Procedure

This section describes the procedures that are followed when a Judicial Officer initiates a disciplinary proceeding.  These procedures are not intended to provide constitutional due process to students.  Any notices sent to a charged student pursuant to this disciplinary process shall be sent by certified mail and email.  Notices will be deemed delivered on the date sent.

Filing a Disciplinary Complaint and Informal Resolution

Any member of the College Community may submit a report alleging a student’s violation(s) of the Code of Conduct.  The report should be submitted to the Judicial Officer, who then will conduct a preliminary investigation of the allegations.  The report should be submitted to the Judicial Officer, who then will conduct a preliminary investigation of the allegations.  If the Judicial Officer determines the allegations can be disposed of administratively, the Judicial Officer will work to resolve the matter short of formal disciplinary proceedings.  Such disposition will be final and binding, with no appeal therefrom.

Interim Suspension

Any time the Campus Director or designee learns of a possible Code of Conduct violation, they have the discretion to impose an interim suspension.  An interim suspension may include the removal of the student from class, the campus (including the College’s online environment), housing, or college-related activities, as determined by the Campus Director or designee.

Interim suspension may be imposed to ensure (1) the safety and/or well-being of members of the College Community, including the charged student; (2) protection, preservation or prevention of misuse of College property, assets or resources and/or (3) no continued threat of disruption to or interference with the normal operations of the College.

The interim suspension does not replace the disciplinary process and is temporary pending resolution of the same.  If the Campus Director or designee opts to institute an interim suspension, the charged student will be notified in writing of this decision and will be provided a date, time and location of a meeting at which the student may contest and show why the interim suspension should be lifted.  The decision of the Campus Director or designee on whether to continue the interim suspension pending resolution of the disciplinary process is final.

Charging Letter

If the allegations are not resolved informally and the Judicial Officer concludes that the allegations, if proven true, would constitute a violation of the Code of Conduct, the Judicial Officer then carries out any additional investigation required and prepares a Charging Letter.  The Charging Letter is what initiates the disciplinary process and must contain:

• The factual allegation(s) against the charged student, including the date/time/location of the alleged behavior and name of the reporting individual.
• The provision(s) of the Code of Conduct alleged to have been violated.
• Possible sanctions if the charged student is found to have violated the Code of Conduct.
• The date by which the charged student must inform the Judicial Officer of their request for a hearing - such date to be ten (10) days from the date the charging letter is sent.
• Notice that a decision that the Code of Conduct was violated could result in adverse action against the charged student, up to and including expulsion.

Failure to timely request a hearing constitutes a waiver.  If no hearing is requested, the matter will proceed without one and the Committee will reach a determination on written submissions, only.

Code of Conduct Committee Process

Upon issuance of a Charging Letter, the Campus Director or designee will appoint the Code of Conduct Committee (“Committee”) to determine the validity of the allegations.  The Committee will include individuals who have no prior involvement with the subject matter of the charge(s) or the person involved.  Where feasible, the Committee will be comprised of a campus administrator, a faculty member, and a student advisor who is not advising any of the involved students.  The campus administrator will serve as the Chair.

The Committee will schedule a date for the hearing or its review of written submissions and will send the charged student with a notice that provides this information.  In cases involving more than one charged student, the Committee will decide whether to hold a joint hearing.  A charged student does not have the right to counsel in the disciplinary process but may have their counsel submit a brief for review by the Committee.

The hearing will be recorded and preserved for at least five (5) years.  At the hearing, the Committee may address concerns for the personal safety, well-being, or fears of confrontation of any witness or party as it deems appropriate and reasonable.  If the charged student fails to appear at the hearing or submit a written response, the information in support of the charges shall be presented to and considered by the Committee in the absence of the student.

Ten (10) days before the hearing, each party must deliver to the Committee and to each other a copy of all documents, and other evidence it wishes to present, including the names and addresses of any witnesses it wishes to present at the hearing.  The witness list must contain a summary of the testimony the witnesses are expected to give and indicate whether the party presenting the list wishes to cross-examine the witnesses of the other party.  The Committee will determine whether to permit cross-examination of witnesses.  This decision is final.

Formal rules of process, procedure and technical rules of evidence are not used in Code of Conduct hearings.  The Committee will ensure the orderly presentation of witnesses, evidence and will have the authority to determine the admissibility of testimony and other evidence.  The Judicial Officer has the burden of proving by a preponderance of the evidence that the charged student violated one or more provisions of the Code of Conduct.  Each party will be entitled to present a brief opening statement.  If the Committee permits cross-examination, each party will be given an opportunity to cross-examine the witnesses of the other party.  Committee members may ask questions of any of the witnesses.  Disruption of the proceedings by any individual, including the charged student, may result in suspension of the hearing, forfeiture of the disciplinary process and/or possible Code of Conduct violations.

Upon conclusion of the hearing, the Committee will meet in a closed session to deliberate.  The closed session will not be recorded.  A decision will be reached by a majority vote.

If no hearing was requested, ten (10) days before the date of the Committee’s scheduled review of written submissions, each party must deliver to the Committee and to each other a copy of their written submission relative to the allegations.  The Committee’s deliberation on the written submissions will be closed to the public and will not be recorded.

Within twenty (20) days of the hearing (or closed session review), the Committee will provide both parties with written notification of its determination.  The Committee may (1) dismiss the charge(s) for insufficient evidence; (2) find that no violation of the Code of Conduct occurred; or (3) find that a violation did occur and issue any sanctions deemed appropriate.  If a violation is found to have occurred, the Committee’s written determination will include the Code of Conduct provision(s) determine to have been violated, sanction(s) imposed and rational for the same.

Sanctions

In determining the appropriate sanction(s), the Committee will consider the nature and seriousness of the offense, extenuating circumstances, and prior violations.  More than one sanction may be imposed for any single violation.  Sanctions may include, but are not limited to:

• Warning - A notice in writing to the student that the student is violating or has violated institutional regulations
• Probation - A written reprimand for violation of specified regulations which places the student in a probationary status for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulations(s) during then probationary period.
• Loss of Privileges - Denial of specified privileges for a designated period.
• Separation for the victim.
• Discretionary Sanctions - Work assignments, essays, or other related discretionary assignments.
• Suspension from College Housing - Separation of the student from housing for a definite period, after which the student is eligible to return (may include student satisfaction of other conditions).
• Expulsion from College Housing - Permanent separation from student housing with no opportunity for re-entry.
• College Suspension - Separation of the student from the College for a definite period of time after which the student is eligible to return. Conditions for readmission may be specified.
• College Expulsion - Permanent separation of the student from the College.
• Revocation of Admission and/or Degree, Diploma or Certificate - Admission to or a degree, diploma or certificate awarded from the College may be revoked for fraud, misrepresentation, or other violations of College standards in obtaining the same, or for other serious violations committed by a student prior to graduation or completion.
• Withholding Degree, Diploma or Certificate - The College may withhold awarding a degree, diploma or certificate otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.

Appeal Process

The charged student has the right to appeal the Committee’s determination to the Campus Director or designee by submitting a written Appeal Letter within ten (10) days of the release of that determination.  The Appeal Letter must provide a complete explanation of the basis for the appeal, with reference to the evidence presented to the Committee.  The charged student may not rely on evidence not presented to the Committee.  Failure to timely appeal the Committee’s determination will result in the Committee’s determination becoming final.

The Campus Director or designee may consider new information not presented during the proceedings only when such information is sufficient to alter the decision and where such information was not brought out in the proceedings because such information and/or facts were not known at the time.  Otherwise, the decision on appeal shall be based solely on the evidence presented during the original proceedings.

In considering the appeal, the Campus Director or designee will consider whether the proceedings were conducted fairly in light of the charges and information presented, and in conforming with prescribed procedures.  Deviations from designated procedures will not be a basis for granting an appeal unless, in the opinion of the Campus Director or designee, prejudice resulted.

In ruling on the appeal, the Campus Director of designee should consider the following:

• Whether the decision was based on a preponderance of evidence.
• Whether the sanction(s) imposed were appropriate.  Should the Campus Director or designee conclude that the sanction was inappropriate, a different sanction may be imposed.

If the appeal is granted, the Campus Director or designee will issue a revised determination and sanction, if necessary.  Should a determination be made that additional fact finding is necessary, the case will be returned to the Judicial Officer and re-opened for further proceedings in accordance with any instructions of the Campus Director or designee.  If the appeal is denied, the Committee’s decision will be final.  A written decision on the appeal will be provided to the charged student, Judicial Officer and Committee.  The written decision will include a summary of the determination, any change to the original determination and/or imposed sanction(s).  The decision on appeal will be final and any sanctions levied will be carried out by the Judicial Officer.

Grievance Procedures

Students (and other individuals in the case of age and disability-related discrimination and harassment) may use these procedures to seek resolution of claims of discrimination and other non-academically-related grievances against members of the faculty or administration, including those that may arise where a student is also an employee of the college. This includes claims of:

• Discrimination or harassment based on sex/gender (including pregnancy or pregnancy related conditions such as childbirth, false pregnancy, termination of pregnancy or recovery therefrom), perceived gender identity, race, color, national origin, age, religion, or disability;
• Denial in whole or in part of a requested service, accommodation, or modification of a Bryant & Stratton College practice or requirement that was requested due to a disability;
• Inability to access a Bryant & Stratton College program or activity due to a disability; or
• Other non-academic grievances, e.g. refund dispute, etc.

All sexual misconduct allegations are heard through the disciplinary process outlined in the College’s Sexual Misconduct Policies. Concerns regarding grades may be brought under the Grade Appeal Procedures.

Formal Grievance

In cases where an attempt at informal resolution is not successful, informal resolution is not practicable or inappropriate, or the grievant prefers to skip the informal resolution process, the grievant may initiate a formal grievance.

A formal grievance is initiated by submitting a written complaint within 30 calendar days of the event complained of to the Grievance Coordinator who will then investigate the complaint. [NOTE: If the Grievance Coordinator is the subject of the complaint, the complaint should be submitted to the Campus Director who will designate a substitute to conduct the investigation and serves as the Grievance Coordinator]. The Grievance Coordinator is the Dean or designee at each campus.  The complaint shall be signed by the grievant and include 1) the grievant’ s name and contact information; 2) the facts of the incident or action complained about; 3) the date of the incident or action giving rise to the complaint; 4) the type of discrimination alleged to have occurred; 5) efforts taken to resolve the complaint, if any; 6) the specific relief sought; and 7) the name of any witnesses and other evidence. The grievant should state in his or her complaint where he or she will be assisted by a representative and, if so, the name of the representative. For purposes of these procedures, an attorney is not an appropriate representative for any party.

Upon receipt of the complaint, the Grievance Coordinator will notify the person who is the subject of the complaint and provide him or her with the opportunity to response in writing and identify any witnesses and other evidence within five (5) business days.

The Grievance Coordinator will make an effort to complete this on their investigation of the complaint within 30 business days following the submission of the written complaint. The investigation shall include an interview of the relevant parties and any known witnesses, a review of relevant evidence, including any evidence submitted by the parties, and any other steps necessary to ensure a prompt, equitable and thorough investigation of the complaint. Interviews of parties and witnesses will be carried out in a manner that is conducive to fair resolution of the matter, minimization of conflict, and prevention of intimidation. In cases of allegations of harassment, the Grievance Coordinator will not interview the grievant and the person who is the subject of the complaint together.

The grievant and the person against whom the complaint has been brought may present to the Grievance Coordinator relevant evidence throughout the investigation. Each party will have an equal opportunity to present such witnesses and evidence consistent with the requirements and restrictions of the Family Educational Rights and Privacy Act (FERPA).

Both parties will be given periodic updates of the status of the investigation as warranted.

The Grievance Coordinator will issue a written disposition of the complaint and make an effort to do so within 10 business days of the completion of the investigation. The disposition will be determined using a standard. If a substantial preponderance of the evidence supports the claim of the grievant, the Grievance Coordinator will issue a disposition in support of the grievant.

Copies of the disposition will be given to the grievant and the person who is the subject of the complaint. Both parties will be sent the decision at the same time. The disposition will be carried out promptly.

Appeal

If either the grievant or the person who is the subject of the complaint is not satisfied with the decision of the Grievance Coordinator, he or she may file a written appeal to the Campus Director within 10 business days from the receipt of the written disposition. The appeal must contain a complete explanation of the grounds for appeal. The Campus Director or his/her designee shall respond to the appeal, in writing, within 20 business days of the date of the appeal. Except in exceptional circumstances, as decided by the Campus Director or his or her designee, an appeal that is not timely submitted will be rejected as untimely. Copies of the response shall be provided to both the grievant and the person who is the subject of the complaint.

The decision of the Campus Director is final.

Students in Virginia dissatisfied with the decision of the Campus Director may contact staff at the State Council on Higher Education for Virginia as a last resort at 101 N. 14th Street, Richmond, VA 23219.

Grievance Coordinator

Each Bryant & Stratton College campus has a Grievance Coordinator whose responsibility is to administrator these procedures. The Grievance Contact Directory for all Grievance Coordinators at each campus is available at https://www.bryantstratton.edu/pdf/BSCGrievanceContactDirectory2023.pdf

Each campus of Bryant & Stratton College also has an ADA/504 Coordinator who is responsible for ensuring the College’s compliance with laws related to individuals with disabilities. However, it is the Grievance Coordinator, and not the ADA/504 Coordinator, who administers these procedures when a complaint regarding disability discrimination is brought.

Informal Resolution

With the exception of misconduct allegations, a grievant who believes that he/she has been discriminated against based on sex, race, color, national origin, age, religion, or disability by a member of the faculty or administration of Bryant & Stratton College, is encouraged, but is not required, to discuss the matter informally with the Grievance Coordinator. [NOTE: If the Grievance Coordinator is the subject of the complaint the grievant may instead, contact the Campus Director who will designate a substitute to serve as the Grievance Coordinator.] The Grievance Coordinator shall verbally convey his/ her findings to both the grievant and the person who is the subject of the complaint within 10 business days. The Grievance Coordinator will document his verbal findings and the date they were conveyed.

In addition, any grievant who has initiated the informal resolution process may stop it at any time and initiate the form resolution process.

Engagement in the informal resolution process does not extend the deadline (below) to file a formal grievance unless, upon the student’s request, the Grievance Coordinator extends the deadline in writing.

SARA Student Complaint Process

Any Bryant & Stratton College student - campus-based, dedicated online and hybrid students - having a complaint or grievance against the College they wish to have addressed must first follow the Grievance Procedures outlined above.  These procedures apply to all students regardless of modality, and regardless of the context of the complaint.  Dedicated online students (located in states and U.S. territories other than New York, Ohio, Virginia or Wisconsin) who have pursued the above processes first and whose consumer protection complaint or grievance remains unresolved may submit a complaint for consideration to the New York State SARA Portal Entity Contact at the below address.  All consumer protection complaints related to SARA must go through the College’s internal Grievance Procedures outlined above prior to being submitted to the New York State SARA Portal Entity Contact for consideration.  The New York State SARA Portal Entity Contact has final authority in SARA complaints.  Note that grade appeals and appeals related to proceedings under the College’s Official Student Code of Conduct and/or Sexual Misconduct Policy are not allowed to be addressed to the SARA Portal Entity Contact.

Education Records

Other than College expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, unless sanctions relate to crimes of violence noted above under Transcript Notations. They shall become part of the student’s disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, College suspension, College expulsion, of revocation or withholding of a degree, upon application to the Campus Director or his or her designee. Cases involving the imposition of sanctions other than residence hall expulsion, College suspension, College expulsion or revocation or withholding of a degree shall be expunged from the student’s confidential record six years after final disposition of the case.

In general, disciplinary records are considered “education records” under the Family Education Rights and Privacy Act (FERPA) and thus may be protected from disclosure. For this reason, such records should not be disclosed without consulting the College’s legal counsel.

Student Code of Conduct - Sexual Misconduct Policy Applicable to All Campuses and Online Education

Bryant & Stratton College (“Bryant & Stratton” or “the College”) condemns and prohibits sexual assault, sexual harassment, dating violence, domestic violence, stalking, and all forms of discrimination relating to one’s sex or perceived gender identity (hereinafter referred to “sexual misconduct”). Sexual misconduct is prohibited whether the misconduct occurs on or off campus. Acts of sexual misconduct are contrary to the College’s educational mission and values, are harmful to others, and will not be tolerated at the College.

The College seeks to create a climate free from sexual misconduct. In response to any report that a member of the Bryant & Stratton College community has engaged in sexual misconduct, the College will take all appropriate steps to eliminate the misconduct, prevent its recurrence and address its effects. These steps are set forth in the Bryant & Stratton College Sexual Misconduct Policy Applicable to All Campuses and Online Education (hereinafter “Bryant & Stratton College Sexual Misconduct Policy”).

The Bryant & Stratton College Sexual Misconduct Policy applies to all College community members, including students, faculty, staff, other employees and independent contractors. The College will receive and address reports received from any individual, whether or not he or she is affiliated with Bryant & Stratton College, that a College community member has violated this policy.

Bryant & Stratton College recognizes that discrimination or harassment related to an individual’s sex or perceived gender identity, which is prohibited by the Bryant & Stratton College Sexual Misconduct Policy, can occur in conjunction with discrimination or harassment related to an individual’s race, color, ethnicity, national origin, religion, age, disability, sexual orientation, marital status, veteran status, sex/gender (including pregnancy or pregnancy related conditions such as childbirth, false pregnancy, termination of pregnancy or recovery therefrom), perceived gender identity or any other legally protected characteristics (“protected characteristics”). Targeting individuals on the basis of any protected characteristics violates the College’s policy. When the misconduct alleged includes an allegation relating to a person’s sex or perceived gender identity, the College will apply the applicable provisions of the Bryant & Stratton College Sexual Misconduct Policy in carrying out the Disciplinary or Grievance Procedures outlined in that policy, or other applicable policies.

This policy describes the position, policies and procedures of the College regarding incidents of sexual misconduct affecting students and associates attending or employed at the College’s locations, including Online Education.

Some of the language used herein is explicit and some people may find it uncomfortable, but it is important that certain terms are defined so that their meaning is clear.

Section 1:  Statement of Purpose

Bryant & Stratton College is committed to promoting a learning and working environment where all members of the College community feel safe and respected.  Acts of sexual misconduct are contrary to the College’s educational mission and values, are harmful to others, and will not be tolerated by Bryant & Stratton.  This policy prohibits sexual discrimination in the forms of sexual violence, sexual harassment, retaliation, and other behavior prohibited in this policy.  Collectively, these forms of misconduct will be referred to in this policy as “sexual misconduct.” 

Conduct prohibited by this policy may also violate federal and/or State laws enforced through the criminal justice system.  Individuals are free to pursue action under this policy and through the criminal justice system simultaneously. The College takes seriously all reports of sexual misconduct and promises to promptly and fairly respond to all reports of misconduct in a manner intended to eliminate the misconduct, prevent its recurrence, and address its impact on affected individuals and the College community.  All College proceedings conducted in regard to alleged violations of this policy will be done so in a timely and equitable manner that provides adequate notice and a meaningful opportunity for all parties to be heard.

Section 2:  Scope of this Policy

This policy addresses conduct prohibited under federal laws, including Title IX of the Civil Rights Act (“Title IX”), the Clery Act, and the Violence Against Women Act, as well as under State law.  This policy applies to all College community members - including students, College “associates” (i.e., faculty, staff, and other employees of the College), and independent contractors - attending, working, or otherwise interacting with the College’s campuses.  The College will receive and address reports received from any individual, whether or not he/she is affiliated with Bryant & Stratton College, that a College student or associate has violated this policy.  Vendors, contractors, visitors, and others who conduct business with the College or on College property are likewise expected to comply with this policy.  The prohibitions and protections in this policy apply regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

The prohibitions and protections in this policy apply to locations, including any building owned or controlled by a student organization that the College officially recognizes, events, and circumstances over which the College exercises substantial control when it also exercises such substantial control over both the accused and the context in which the alleged sexual misconduct occurs.  Consequently, this policy applies to on and off-campus activities and electronic and online activities so long as this substantial control test is met.  Furthermore, if the alleged conduct did not occur against a person physically in the United States, this policy does not apply.

In the State of New York only, however, this policy will apply based on identity of the reporting individual and/or accused/respondent, not based on the geographic location of the alleged violation.  Specifically, in New York the provisions of this Policy shall apply regardless of whether the violation occurs on campus or off campus.  In the event an incident occurs that would fall under the scope of coverage for New York campuses, but not fall under the “substantial control” scope test stated above, any such violation will be considered under New York State law and the terms of this Policy but will not be considered under Title IX.  Students in the Online Division will be considered to be under the scope of New York State law.

College associates and students who carry out behavior prohibited by this policy will be disciplined pursuant to the terms of this policy.  This policy describes protections specifically for students and associates who are subjected to sexual misconduct as well as disciplinary procedures specifically relevant to students and associates who carry out such misconduct. 

The actions the College is empowered to take against an individual who violates this policy may vary or be limited when that individual is not a member of the College community; however, whenever a member of the College community is subjected to sexual misconduct, regardless of the status of the individual who committed it, the College will continue to provide support, resources, and protection to the affected community member.  Bryant & Stratton College will cooperate with and assist in law enforcement investigations as legally appropriate.

Section 3: Terminology and Definitions

Certain definitions within this Section contain very graphic language and may be disturbing to some individuals.

Due to the sensitive and sometimes violent nature of incidents involving sexual misconduct, the following definitions are provided for informational use by students and associates and for guidance in the investigation and processing of alleged violations.  It is possible that a particular action may constitute sexual misconduct even if not specifically mentioned in these definitions. 

If you have any questions about what these terms mean or whether they apply to certain situations, please feel free to talk to your campus Title IX Coordinator.  If you are not sure who your campus Title IX Coordinator is, a list of all campus Title IX Coordinators is provided in this Section below.  Any questions about whether a specific incident violates State criminal laws should be addressed to law enforcement or to the local district attorney.

1.  Sexual Activity

Sexual activity has the same meaning as “sexual acts” and “sexual contact” as provided in U.S.C. 2246 (2) and U.S.C. 2246 (3).These terms are defined as follows:

• Sexual act
  • Contact between the penis and the vulva or between the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
  • Contact between the mouth and the penis, mouth and the vulva, or the mouth and the anus.
  • Penetration, however slight, of the anal or genital opening of another person by a hand, or finger, or by any object, with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
  • Intentional touching, not through clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
• Sexual contact
  • Intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desire of any person

2.  Sexual Misconduct

Sexual misconduct is a broad term that encompasses a range of behaviors constituting sexual discrimination.  Sexual misconduct can occur between people who know each other, people who have an established relationship, people who have engaged in consensual sexual activity before, and people who do not know each other.  Sexual misconduct can be committed by persons of any gender or gender identity, and it can occur between people of the same sex or different sex.  Sexual misconduct includes but is not limited to:

A.  Sexual coercion

B.  Sexual exploitation

• Observing another person when that person is nude, in their undergarments, partially clothed, or engaged in sexual activity without the knowledge and consent of the person observed, or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
• Making, sharing, posting, streaming, or otherwise distributing any image, photography, video, or audio recording depicting or otherwise recording another person when that person is nude, in their undergarments, partially clothed, or engaged in sexual activity without the knowledge and consent of the person depicted or recorded;
• Exposing one’s genitals to another person without the consent of that person;
• Exposing another person to a sexually transmitted infection without the knowledge and consent of the person exposed;
• Causing another person to become incapacitated with the intent of making that person vulnerable to non-consensual sexual activity or sexual exploitation.

C.  Gender-based harassment

D.  Hate crime

E.  Sexual harassment

• Unwelcome sexual flirtations or propositions for sexual activity;
• Unwelcome demands or suggestions of sexual favors, including but not limited to repeated unwelcome requests for dates;
• Sexual exploitation (as defined above);
• Graphic verbal comments about an individual’s body or appearance;
• Spreading sexual rumors;
• Touching an individual’s body or clothing (including one’s own) in a sexual way, such as grabbing, brushing against, patting, pinching, bumping, rubbing, kissing, fondling, etc.;
• Displaying or sending sexually suggestive drawings, images, pictures, written materials, cartoons, letters, notes or objects in the work/educational environment, regardless of medium;
• Cornering or blocking of normal movement.

• Offering employment or educational benefits in exchange for sexual favors;
• Threatening or taking negative action in the event of having sexual advances denied and/or after having sexual advances denied, such as a professor threatening to fail a student unless the student agrees to date the professor.

• Rape: The penetration, no matter how slight, of a person’s vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Fondling: Touching the private body parts of another person for the purpose of sexual gratification, without that person’s consent, for the purpose of sexual gratification.
• Incest: Intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory rape: Sexual intercourse with a person who is under the legal age of consent.

F.  Sex discrimination and/or gender discrimination

• Professionals and off-campus advocates, with no affiliation with the College, may also serve as important resources to members of the College community who seek confidential assistance.  Examples of non-College-affiliated individuals who can offer confidentiality include:

  • Medical providers
  • Lawyers providing legal advice
  • Licensed mental health counselors, psychologists, and social workers
  • Pastoral counselors (e.g., priests and other clergy members)
  • Local rape crisis centers and other confidential community resources can be found in the Annual Fire and Security Report at https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf or in Section 7.
  • In New York, see Section 7 for a list of local community resources near your campus, or call the NYS Sexual Violence Hotline at 1-800-942-6906 (available 24/7/365) to be connected to your local rape crisis center.

• While these off-campus counselors and advocates may maintain a victim’s confidentiality by not informing the College, other obligations under State law may limit their ability to provide full confidentiality. 

• As noted above, when a victim speaks only to a campus Confidential Resource or an off-campus individual offering confidentiality, the College may be unable to conduct an investigation into the particular incident or pursue disciplinary action against the accused.  In those circumstances, confidential counselors and advocates, including the campus Confidential Resource, will still assist the victim in receiving other necessary protections and support, such as victim advocacy services, academic support or campus accommodations, disability services, health or mental health services, and changes to living, working, or course schedules (i.e., “supportive measures”).

• At any time, a victim who initially requests confidentiality may also decide to file a Formal Complaint with the school and/or report the incident to campus security, law enforcement, and/or State Police.  In all cases where a victim submits a Formal Complaint to the College, the College will investigate the allegations.  

• If the College determines that the accused poses a serious and immediate threat to the College community, law enforcement may be called upon to issue a timely warning to the community.  Any warning to the community would not include the victim’s name or any information that identifies the victim. 

7.  Privacy

Privacy (rather than confidentiality) can be offered by a College associate who is unable to offer confidentiality due to their legal obligation to report known incidents of sexual assault or other crimes to the Title IX Coordinator.  College associates and the Title IX Coordinator who cannot guarantee confidentiality will, nevertheless, maintain your privacy to the greatest extent possible.  The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator or designee to investigate and/or seek a resolution.

8.  Accused

A person accused of sexual misconduct or another violation of this policy is referred to as the “accused” until a Formal Complaint, if any, is submitted at which time the “accused” is referred to as the “Respondent.”

9.  Victim

An individual who is alleged to be the victim of conduct that could constitute sexual misconduct or other activity that would constitute a violation of this policy is referred to as the “victim” until he or she submits a Formal Complaint, if any, at which time the “victim” is referred to as the “Complainant.”

10.  Bystander

Bystander includes any person who witnesses or learns about sexual misconduct or another violation of this policy who is not themselves the victim or person subjected to the sexual misconduct.  Bystanders are welcome and encouraged to report incidents of sexual misconduct that they have witnessed or learned about.  If your friend is a victim of sexual misconduct, please encourage them to reach out for help. 

A list of on-campus and off-campus resources available to victims can be found in Section 7.

11.  Complainant

An individual who submits a “Formal Complaint” alleging sexual misconduct or another violation of this policy whether he or she is alleged to be the victim of such alleged activity.

12.  Respondent

A person accused in a “Formal Complaint” of sexual misconduct or another violation of this policy.  Before such a Complaint is submitted, this individual is referred to as the “accused.”

13.  Formal Complaint

A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct against a Respondent and requesting that the College investigate the allegation(s).  At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in an education program or activity of the College including, but not limited to, attending as a student or being employed by the College.  A Formal Complaint may be filed with the designated Title IX Coordinator for the College location  in person, by mail, or by electronic mail, by using the contact information listed in this policy.  As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided by the College in this policy below) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint.  Where the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or otherwise a party under this policy. 

In instances where there exist allegations of sexual misconduct or another violation of this policy against more than one Respondent or by more than one Complainant against one or more Respondents, or by one party against the other party, the Title IX Coordinator may consolidate Formal Complaints if the allegations of sexual misconduct or other violation arise out of the same facts or circumstances.

Section 4:  Training

Title Coordinators and their designees, Sexual Misconduct Hearing Committee members, any investigators other than the Title IX Coordinator, members of Appeal panels, and any person who facilitates an informal resolution process will receive training on the following:

• The definition of “sexual harassment” specifically and “sexual misconduct” more generally as defined in this Policy;
• The scope of the College’s education or activity, i.e., the locations, events, and circumstances over which the College exercises substantial control and any buildings owned or controlled by any student organizations that the College officially recognizes;
• How to properly conduct an investigation of sexual violence including how to interview victims of sexual assault, the effects of trauma, and the rights of the Respondent, including the right to a presumption that the Respondent is “not responsible”;
• How to conduct a Sexual Misconduct hearing including appeals, and the informal resolution process.  This also includes training on how to serve in their capacities impartially and avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
• Technology used at live hearings; and
• How to assess relevance of questions and evidence, including when questions about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.

Title IX Coordinators specifically and anyone designated to investigate allegations of misconduct will receive training on issues of relevance when creating an investigative report that fairly summarizes relevant evidence.  The materials used to train Title IX Coordinators and their designees, any investigators, Sexual Misconduct Committee members, and any person who facilitates an informal resolution process will not rely on sex stereotypes and will promote impartial investigations and adjudications of Formal Complaints of Sexual Misconduct. 

Section 5:  Prohibited Behavior

Bryant & Stratton College is a place of academic learning, and its community members are expected to behave accordingly.  The following behaviors are considered specific and serious violations of this policy.  Within the scope of this policy, as stated in Section 2, violations of this policy can occur both on-campus and off-campus. 

Prohibited Behavior:

• Sexual misconduct as defined in this policy;
• Attempting to commit sexual misconduct;
• Aiding another person in committing sexual misconduct;
• Knowingly violating an interim measure or sanction imposed by the College pursuant to this policy, such as a “no contact” order, suspension, or other measures and/or sanctions deemed appropriate under the circumstances;
• Knowingly filing a false report of any prohibited behavior;
• Retaliation as defined in this Policy.

The above forms of sexual misconduct are defined in Terminology and Definitions in Section 3 of this policy.

Section 6:  How to Report Incidents of Sexual Misconduct

A victim has the right to report any instance of sexual misconduct to the College’s Title IX Coordinator, to campus security, to local law enforcement, to the State police, to any combination of these authorities, or to not report the incident at all.  (College associates, other than confidential resources defined above, are obligated to report all instances of sexual misconduct.  See Section 6.2 below.) 

To report an instance of sexual misconduct to the College specifically, any person (whether or not the person reporting is the person alleged to be the victim of the alleged conduct) may report sexual misconduct, including sexual harassment, in person, by mail, by telephone, or by electronic mail, using the contact information listed above for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.  Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed above for the Title IX Coordinator.

1.  Reporting Versus Filing a Formal Complaint

Sometimes a victim wishes to tell someone about an incident of sexual misconduct but is not yet sure whether they wish to see official action taken against the individual who committed it.  Victims have the option to report (tell someone about) an incident without being obligated to file a Formal Complaint.  The Formal Complaint form can be accessed at: www.bryantstratton.edu/utilities/enoughisenough.

Whether a victim chooses to report or chooses to file a Formal Complaint about an incident, the victim has the right to be protected by the College from retaliation and the right to receive assistance and Supportive Measures from the College. 

It should be emphasized here that anyone can report sexual misconduct, even third parties. Reports are not required to be in writing.  However, if the victim is not identified, the College will not be able to provide Supportive Measures.  The College will maintain confidential:

• the identity of any individual who has made a report or Formal Complaint;
• any individual who has been reported to be the perpetrator of sexual misconduct (an “accused”);
• any Respondent; and
• any witness.

However, this confidentiality may be limited as may be permitted by FERPA, or as required by law, or to carry out the purposes of the Title IX of the Civil Rights Act regulations, including the conduct of any investigation, hearing, or judicial proceeding arising under those regulations.  

When the Title IX Coordinator becomes aware of an incident of sexual misconduct, the Coordinator will promptly contact the victim, if he or she is known, or other reporting individual to discuss the availability of Supportive Measures, consider the victim’s wishes with respect to Supportive Measures, provide information of the availability of Supportive Measures with or without the filing of a Formal Complaint, and explain the process for filing a Formal Complaint.

The Title IX Coordinator is the person with whom a victim would file a Formal Complaint regarding sexual misconduct, if the victim wishes to do so.  The Coordinator will ensure that at the time of filing the Formal Complaint the victim is participating or attempting to participate in the College’s education program or activity in the capacity as a student or as an associate.  Upon receiving a Formal Complaint, the Title IX Coordinator will investigate the incident to determine whether the alleged conduct, if proven to be true, would constitute “sexual misconduct.”  If the Title IX Coordinator determines that the alleged conduct, if proven, does not constitute “sexual misconduct,” as defined in this policy, then the Coordinator will dismiss the Complaint.  If, however, the alleged conduct constitutes “sexual misconduct,” the Coordinator will investigate and commence the Sexual Misconduct hearing process against the accused, if that individual is a student or associate.  The College reserves the right to have someone other than the Title IX Coordinator conduct the investigation, The Title IX Coordinator will also offer the victim Supportive Measures as defined in this policy. 

Victims can also report sexual misconduct to the Title IX Coordinator even if they do not want an investigation to occur.  Such a report can be submitted anonymously or not anonymously.  However, if the victim reports anonymously, the College will not be able to provide the victim Supportive Measures.  If the victim reports without anonymity, the Title IX Coordinator will nevertheless maintain the confidentiality of any Supportive Measures provided to the victim (and the accused if such measures are provided to him or her) to the extent maintaining such confidentiality will not impair the ability of the College to provide such measures. 

All victims who report sexual misconduct will be offered Supportive Measures and instructions on how to file a Formal Complaint should he or she decide to do so.  Although the Title IX Coordinator is not a Confidential Resource, reporting an incident to the Title IX Coordinator while expressing one’s wish for no investigation to occur is known as a “confidential report” to the Title IX Coordinator.  In these cases, the Title IX Coordinator will first ask the victim’s permission before beginning an investigation and commencing the appropriate disciplinary process. 

If the victim declines to give permission to the Title IX Coordinator to investigate the matter, the Title IX Coordinator will honor the victim’s decision and will not investigate the report, except in circumstances where failing to investigate would prevent the College from providing a safe and non-discriminatory environment for all members of the College community.  In those cases, the Title IX Coordinator could file a Formal Complaint and commence an investigation and, if appropriate, a Sexual Misconduct disciplinary process, as well.  In these situations, the victim would not be obligated to participate in the investigation or the disciplinary process.  In cases where the Title IX Coordinator, rather than the victim, files a Formal Complaint, the Coordinator will nevertheless treat the victim as a party to the process.  Whatever the victim decides, the Title IX Coordinator will still offer the student Supportive Measures.  More information about how to make this type of “confidential report” is provided below in this Section.

2.  Reporting Sexual Misconduct to Someone Other than the Title IX Coordinator

Incidents can also be disclosed to College associates other than the Title IX Coordinator, if the victim prefers to do so.  College associates who are not designated as “Confidential Resources” are required to notify the Title IX Coordinator when an incident of sexual misconduct is disclosed to them, in order to protect the safety of other people on campus and so that the Title IX Coordinator can reach out to the victim to offer help, support, and information about filing a Formal Complaint if the victim desires. 

If the victim reports the incident to the College associate anonymously, the College will not be able to provide the victim Supportive Measures.  If the victim reports the incident to the College associate without anonymity, the Title IX Coordinator will nevertheless maintain the confidentiality of any Supportive Measures provided to the victim (and the accused if such measures are provided to him or her) to the extent maintaining such confidentiality will not impair the ability of the College to provide such measures.  The information disclosed will be limited to only the information needed to conduct an investigation (if the victim permits) and to ensure victim safety.  More information about privacy is provided in Section 3 (“Terminology and Definitions”). 

Certain College associates are not required to notify the Title IX Coordinator when an individual discloses an incident of sexual misconduct to them.  These College associates are known as “Confidential Resources”.  Each College location has one Confidential Resource with whom victims may speak with confidentiality.  Confidential Resources can help victims obtain assistance and resources without sharing a victim’s  confidential information with anyone else.  Speaking to a Confidential Resource will not result in a Formal Complaint being made.  More information about confidentiality and a list of the Confidential Resources for each campus is provided in Section 3.  

Victims can also disclose incidents to non-College officials, such as a local rape crisis center or a mental health counselor.  A list of some local rape crisis centers and other community resources is provided in Section 7 and in the Annual Fire and Security Report found on the College’s website at https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf and in the Dean’s office of each College location.  You can also find local rape crisis centers and other community resources by dialing 2-1-1 or, in New York, by calling the New York State Domestic & Sexual Violence Hotline (1-800-942-6906).  These types of non-College officials provide confidentiality and can offer support and referrals to helpful services and resources.  These persons are not affiliated with the College and have no obligation to notify the Title IX Coordinator about the incident.  Consequently, if the College is not informed of the incident, victims should not expect the College to investigate the matter.  However, the College will investigate allegations contained in a Formal Complaint with the College.

3.  Submitting a Report or Formal Complaint to a Title IX Coordinator Confidentially and/or Anonymously

In addition to the options described above with regard to privately or confidentially submitting a report of an incident of sexual misconduct, victims also have several options for making a Formal Complaint.  If the victim chooses to do so, the student may file a Formal Complaint with the Title IX Coordinator.  Formal Complaints  can be made to the Title IX Coordinator by submitting to the Title IX Coordinator in-person, via email, or via the online incident report form as described in Section 3.  The Title IX Coordinator’s contact information is listed in Section 3.  The Formal Complaint form can be accessed at: www.bryantstratton.edu/utilities/enoughisenough.

• Reports: Those reporting instances of sexual misconduct - whether they are the victim, an associate, a friend, or a witness/bystander - can also make confidential and/or anonymous reports if they prefer to do so. 
  • Confidential Reports can be made by telling the Title IX Coordinator that you do not want an investigation to occur, or, if submitting the report online, by checking the boxed on the online incident report form labeled “I do not want an investigation to occur.”
    • While this reporting method is known as a “confidential report”, due to the nature of their responsibilities, the Title IX Coordinator is not a “Confidential Resource.”  As noted above, all information provided will be handled with the utmost “privacy” as defined in Section 3.
    • When a reporting individual reports an incident of sexual misconduct but expresses that he/she does not wish for the College to conduct an investigation, the College will typically honor that request.  However, sometimes the College will be obligated to weigh such a request against the College’s duty to ensure the safety of others on campus.  Some of the factors the College may consider in weighing a request to not investigate may include:  whether the accused has a history of violent behavior or is a repeat offender; whether the incident represents escalation in unlawful conduct by the accused; the increased risk that the accused individual will commit additional acts of violence; whether the accused used a weapon and/or force; whether the victim is a minor; whether the institution possesses other means to obtain evidence (e.g., security footage); and whether available information reveals a pattern of perpetration at a given location or by a particular group.  If the Title IX Coordinator determines that a victim’s confidentiality cannot be maintained and that an investigation is necessary, the victim will be notified in writing, prior to the start of an investigation and will, to the extent possible, only share information with the people responsible for handling the College’s response.  The Title IX Coordinator will remain ever mindful of the victim’s well-being and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan.  Retaliation against the victim, whether by students or College associates, will not be tolerated.  In these cases, should the Title IX Coordinator decide to commence a Sexual Misconduct disciplinary proceeding against the accused, the Coordinator will nevertheless treat the victim as a party to the process and offer the victim supportive measures. 
  • Anonymous Reports can be made by not including your name or email address when submitting the online incident report form.

    • Individuals who wish to anonymously report an incident should be aware that their anonymity may inhibit the College’s ability to conduct a full investigation of the incident, provide Supportive Measures, and/or update the victim regarding actions taken.

Regardless of how a victim chooses to disclose the alleged misconduct, the College will not require a victim to participate in any investigation or disciplinary proceeding.

In the event that sexual misconduct has been committed by a non-member of the College community (including an unknown person or stranger), victims may still report the incident to the College and receive Supportive Measures and protection.  For a list of on-campus and off-campus resources and support services near your campus, see Resources, Support Services, and Protection for Victims in Section 7.

4.  Reporting to Local Law Enforcement

Victims also have the option to make a report to law enforcement, either in addition to or as an alternative to making a report to the College.  In addition to calling 911, you may make a report to law enforcement by contacting the following resources in your State or local area.

5.  Amnesty Policy for Student Alcohol and/or Drug Use

Students should not be afraid to report an incident of sexual misconduct merely because they were drinking alcohol or using drugs at the time of the incident, whether they were a victim, witness, or bystander.  Bryant & Stratton College has adopted an amnesty policy for alcohol and/or drug use in regard to incidents of sexual misconduct.  The health and safety of every member of the College community is of utmost importance.  Bryant & Stratton College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct.  Bryant & Stratton College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to the Title IX Coordinator or College associates.  A student-bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to the College or law enforcement will not be subject to the College’s Student Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the sexual misconduct. 

6.  Disclosures During Advocacy Events

Individuals occasionally disclose information regarding sexual misconduct during a public awareness and/or advocacy event, such as candlelight vigils, protests, survivor speak-outs, Clothesline Project events, Take Back the Night events, Day of Unity events, and other similar public events.  These events typically serve the purpose of empowering survivors and raising awareness about issues related to sexual violence, as opposed to serving as a forum in which an allegation of sexual misconduct is reported.  Accordingly, the College may not investigate allegations disclosed at these events.  However, individuals always remain free to report such conduct with the College and the College will investigate all allegations in a Formal Complaint.  The College may use information provided at such events to inform its efforts for additional education and prevention efforts regarding sexual misconduct.

7.  Campus Alerts

When certain crimes occur in certain areas on and/or near campus that represent a serious or continuing threat to the campus community, the College is obligated under federal law to issue a timely warning, in order to protect the safety of others.  Crimes triggering a timely warning might include, for example, a rapist who is still present on campus.  When a timely warning is issued, the warning will never identify any victims or reporting individuals.  See the Bryant & Stratton College Annual Fire and Security Report for more information on the Campus Emergency Notification System. This report can be found on the Bryant & Stratton College website at:  https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf.

8.  Campus Crime Data

When the Title IX Coordinator receives reports of sexual misconduct and certain other crimes that occur in certain locations on and/or near campus, federal and State laws require the Title IX Coordinator to count the number of those reports for inclusion in the College’s Jeanne Clery Campus and Security Survey and inclusion in the College’s Annual Fire and Security Report.  This is merely an anonymous tally - neither the identity of the reporting individual nor the specifics of the crime are included in these reports. 

Section 7: Resources, Supportive Measures and Protection for Victims

“Supportive Measures,” as defined in Section 3, are non-disciplinary, non-punitive individualized services the College offers victims and the accused as appropriate, as reasonably available, and without fee or charge before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.  Bryant & Stratton College is committed to supporting victims and survivors of sexual misconduct, regardless of when, where, or who committed the acts in question.  In this Section as well as Section 3, the College has collected information and resources that may be helpful.  If there are other resources that you or a friend might need, the College encourages you to reach out to your campus Title IX Coordinator, who can help obtain those resources.  A list of all campus Title IX Coordinators is provided in Section 3 of this policy.  If you are in immediate danger at any point, call 911.

1.  Obtaining Immediate Medical Attention

If you have been the victim of rape, sexual assault, domestic violence, or dating violence and are in need of immediate medical attention, please call 911 and/or consider visiting a hospital, urgent care center, or medical provider.  Below is a list of emergency medical facilities and other medical providers near each campus.  Some State law requires that all hospitals in the State offer forensic rape examinations (sometimes also called ‘forensic sexual assault examinations or simply ‘rape kits’).  Some states require hospitals to notify the victim that they can choose to have the forensic rape exam and its related charges billed to the Victim Services at no cost to the victim.  After the exam, you might receive other medical services or counseling services for which the hospital might charge you or bill your health insurance; if your insurance plan is through someone else (such as your parent), you are encouraged to tell hospital staff if you do not want your insurance policyholder to be notified about your access to these services. 

Especially in incidents of rape or sexual assault, it may be important to receive a forensic examination as soon as possible in order to preserve evidence and/or to receive protection from sexually transmitted infections and pregnancy.  To best preserve evidence, you should avoid showering, washing, changing clothes, discarding clothes, combing hair, or otherwise altering your physical appearance until the exam is complete, and you should seek an exam as soon as possible.  Even if you don’t want evidence to be collected, it is still recommended that you get examined by a doctor in order to address physical injuries, potential pregnancy, and possible exposure to sexually transmitted infections. 

All  Locations: For more information about what to do after an assault, visit the National Sexual Violence Resource Center website at www.nsvrc.org or the local resources listed in Section 7.

New York: In New York, please call the NYS Sexual Violence Hotline at 1-800-942-6906 (available 24/7/365) to be connected to your local rape crisis center. 

Medical facilities in locations are listed below:

More information regarding forensic examinations and sexually transmitted infections, as well as other resources are available through your campus Title IX Coordinator.  In New York, you may also contact the New York State Office of Victim Services, which is available through your campus Title IX Coordinator or by contacting the New York State Office of Victim Services directly: 1-800-247-8035 or https://ovs.ny.gov/contact-us.

2.  On-Campus and Off-Campus Resources and Support Services

Individuals who have been subjected to sexual misconduct also often need other types of support.  Even if you think you are okay and that you don’t need help, the College encourages you to reach out to someone.  The College’s on-campus resource is the Title IX Coordinator.  In addition, there are various off-campus resources that you can use if you prefer not to seek help from on-campus resources.  Below is a list of on-campus and off-campus resources for each Bryant & Stratton College location, including counselors, advocates, and community resources. If you have any questions or aren’t sure where to go, your campus Title IX Coordinator can help point you in the right direction. 

A list of additional local resources is available from the Title XI Coordinator at your campus location.

Bryant & Stratton College also maintains a brochure entitled “Sexual Assault: Knowledge and Prevention” which is available upon request.  It includes information on the nature of sexual assaults, prevention of sexual assaults, and other relevant information.  Additional information is available in each location’s Academic or Student Services Offices or in the Student Counselor’s office at locations that have such a counselor. 

The above is only a brief listing of the resources available to you.  You can find many more resources by dialing 2-1-1 for free, confidential help finding an extensive list of resources, including law enforcement & public safety assistance, legal services, hospitals that conduct sexual assault forensic exams, confidential counseling services, and more. 2-1-1 is available 24/7, and many of the resources to which they can refer you also are available 24/7, are confidential, and are low-cost or free of charge. 

3.  Provision of Supportive Measures

In addition to the above on-campus and off-campus resources, the College is prepared to offer all victims of sexual misconduct, whether reported with or without a Formal Complaint, certain protections and reasonable campus accommodations, known as “supportive measures,” as defined in Section 3 of this policy.  The accused and Respondents may also seek and receive supportive measures. 

Of course, in cases where a victim chooses to report anonymously, the College will not be able to provide supportive measures.  

Below is a list of supportive measures that may be available, if appropriate. To request any of the below protections and/or campus accommodations, please contact your campus Title IX Coordinator.  Your Title IX Coordinator will then make the necessary arrangements, including coordinating with other campus offices as needed, in order to maintain your privacy.  (If you are not sure who your campus Title IX Coordinator is, a list of all campus Title IX Coordinators is provided in Section 3).

• No Contact Orders
  • Having the College issue a one-way “no contact” order against the accused or a mutual no-contact order against both the accused and the victim.  A no-contact order can be formulated appropriately as the circumstances warrant. The no-contact can range from prohibited communication to prohibiting physical contact.
  • A one-way “no contact” order requires a fact-specific inquiry to determine whether imposition of such an order would be punitive, disciplinary, or unreasonably burdensome to the other party.  In cases where a one-way no-contact order would help enforce a restraining order, preliminary injunction, or other court-mandated protective order or if such an order would not unreasonably burden the other party, a one-way no-contact order may be appropriate. 
  • When a one-way no-contact order is issued, if the accused, victim, or reporting individual observes each other in a public place, it will be the responsibility of the accused to avoid contact with the victim, leave the area immediately and without directly contacting the reporting individual and/or victim.  If necessary, the College may establish a schedule for the accused and the victim to access College buildings and property at separate times.  Violating the “no contact” order could subject the accused to additional consequences and/or the involvement of law enforcement.
  • Both the accused and the victim will, upon request and consistent with these policies, be afforded a prompt review, reasonable under the circumstances of the need for and terms of the ‘no contact’ order, including potential modification and will be allowed to submit evidence in support of their his or her request.
• Assistance from College associates in obtaining an order of protection or restraining order from law enforcement against the accused individual.
  • Orders of protection and restraining orders are similar to “no contact” orders, except that they are imposed by a court, not by the College.  If an accused individual violates an order or protection or restraining order, they could be arrested.  The College reserves the right to impose consequences on accused individuals who violate orders of protection and restraining orders, such as imposing additional conduct charges and/or subjecting the accused to interim suspension.
• Assistance from College campus security in calling on and assisting law enforcement in effecting an arrest when the accused individual violates an order of protection.
  • College campus security is available to assist victims and Complainants in instances where an accused or Respondent fails to comply with an order of protection.
• Interim Suspension
  • When the accused individual or victim is a student determined to present a continuing threat to the health and safety of the community, to subject the accused or victim to interim suspension pending the outcome of the Sexual Misconduct disciplinary process consistent with the law and the College’s policies and procedures.  After carrying out an individualized safety and risk analysis, in cases where the College determines that an accused or Respondent student presents an immediate threat to the physical health or safety of any student or other individual arising from the allegations of violation of this Policy, the College may find that removal of a student is justified.  If the accused or Respondent is a College associate, the College may place the associate on administrative leave if it deems such action necessary.
  • Both the accused or victim and the reporting individual shall, upon request and consistent with the College’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension or administrative leave, including potential mediation, and shall be allowed to submit evidence in support of his or her request.
  • Determinations of whether an accused poses a continuing threat to the health and safety of the College community are made by Title IX Coordinators at each campus. In making such determinations, these Coordinators act in good faith and take into consideration,
    • Whether the accused individual has a history of violent behavior or is a repeat offender;
    • Whether the victim or Complainant is a minor;
    • The nature of the allegation in question;
    • Subsequent behavior occurring after the allegation;
    • The potential risk of harm or disruption to the campus community and the victim  or Complainant;
    • Other relevant factors, such as whether the alleged behavior represents an escalation in behavior from past incidents, the possession and/or use of a weapon and/or force, whether the College possesses other means to obtain evidence (e.g. security footage), whether available information reveals a pattern of perpetration at a given location or by a particular group and whether alternatives to interim suspension or administrative leave are available;
    • And/or use of a weapon, and whether alternatives to interim suspension are available.
  • When the threat posed implicates mental health issues, the victim will be required to provide the College with documentation from an appropriate healthcare provider in order to return to campus.  Additional safety precautions may also be taken where the College deems it necessary.
  • When certain crimes occur in certain areas on and/or near campus that represent a serious or continuing threat to the campus community, the College is obligated under federal law to issue a timely warning, in order to protect the safety of others.  Crimes triggering a timely warning might include, for example, a rapist who is still present on campus.  When a timely warning is issued, the warning will never identify any victims, reporting individuals, or Complainants. 

• Obtaining reasonable and available interim measures and accommodations for changes in the individual’s academics, housing, employment, transportation, or other applicable arrangements in order to help ensure safety, prevent retaliation, and avoid a hostile environment consistent with the College’s policies and procedures.   Other protections, services, and accommodations that may be appropriate including, for example, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus.

  • While a matter is being investigated or during the pendency of a hearing, a victim, Complainant, accused, or Respondent may seek interim measures.

Section 8:  Sexual Misconduct Disciplinary Process

1.  Presumption of Not Responsible

In cases where this Policy is applicable as set forth in Section 2 above, when an accused commits or is believed to have committed sexual misconduct or other conduct prohibited by this policy - whether committed against another student or associate, other member of the campus community, or non-member of the campus community - the accused may face conduct charges and be subjected to the College’s Sexual Misconduct disciplinary process.  All accused who are subjected to the disciplinary process are entitled to a presumption of “not responsible” (not guilty) conduct until a determination regarding responsibility is made at the conclusion of the disciplinary process.  All processes will be conducted in a fair, impartial, thorough, and timely manner.  However, there may circumstances where prior to the conclusion of the disciplinary  proceedings, the College deems it necessary to carry out interim measures, such as interim suspension of a student or placing an associate on administrative leave. 

2.  Burden of Proof

At all times, the burden of proof and the burden of gathering evidence is on the College to establish that the alleged violation of this policy was committed by the Respondent.  The standard of evidence required in both the Sexual Misconduct Hearing and in the Appeal Hearing, if one is sought, is a preponderance of evidence.  “Preponderance of evidence” means that the relevant Sexual Misconduct Hearing Committee must decide in favor of the party that, as a whole, has the stronger evidence that the violation was or was not committed, however slight the edge over the other party’s evidence may be.  “Preponderance of evidence” is sometimes described as “more likely than not” or “51% probability.”  The evidence should be sufficient to incline a fair and impartial mind to one side of the issue over the other, but it is not necessary for that mind to be completely free from all reasonable doubt.  “Preponderance of evidence” is a different and lesser standard of evidence than that used in criminal proceedings; rather, it is the standard of evidence often used in civil court proceedings.  This standard will be used for Formal Complaints against both students and associates, including faculty.

3.  Informal Resolution Process

At any time prior to a Sexual Misconduct Committee reaching a determination, a Complainant may, but is not required to, seek informal resolution of his or her Formal Complaint.  This informal process is not available when the accused is a College associate and both parties must voluntarily consent in writing to the informal resolution process or such a process will not be permitted.  An informal resolution avoids a full investigation and Committee hearing and allows the parties to mediate a resolution.  The informal resolution process is not available unless a Formal Complaint has been submitted.  If a Complainant seeks an informal resolution, both the Respondent and the Complainant will be sent a written notice disclosing:

• That if the parties reach a mutually acceptable resolution to which they agree in writing, the Complainant will be prevented from resuming a Formal Complaint arising from the same allegations;
• Any party who has not agreed in writing to a mutually acceptable resolution has a right to withdraw from the informal resolution process and resume the Formal Complaint process.
• Should a party withdraw from the informal resolution process, all records resulting from the informal resolution process that could have been maintained by the College or shared with the College or the other party will be shared or maintained in the Formal Complaint process. 

4.  Sexual Misconduct Investigation and Hearing Process

Reporting without Submission of a Formal Complaint

Formal Complaint Process

Family Educational Rights and Privacy Act of 1974

All Bryant & Stratton College students shall have the right to inspect and review their educational records, to request corrections or deletions, and to limit disclosure of the records in accordance with the Family Educational Rights and Privacy Act (FERPA) of 1974, also referred to as the Buckley Amendment. Specifically, students have the right to:

1. inspect and review their education records within 45 days of the day the College received a written request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the education record(s) the student wishes to inspect. The College official will make arrangements for access and notify the student of the time and place where the records may be inspected. Under no circumstances will students be permitted to review their education records off campus or in a public campus setting. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. request the amendment of their education records that s/he believes are inaccurate, misleading, or in violation of the student’s privacy rights under FERPA. A student who wishes to ask the College to amend a record should write the academic manager who will consult the College official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. An informal conference will be scheduled to attempt to resolve the matter. If the College decides not to amend the record as requested, the College will notify the student in writing of the decision, the right of the student to place a statement in the record explaining his or her point of view, and the student’s right to a formal hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. provide written consent before the College discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. For example, the College discloses education records without a student’s prior written consent under the FERPA exception for disclosure to College officials with legitimate educational interests. A College official is a person employed by the College in administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College had contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Directors; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another College official in performing his or her tasks. A College official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College. Upon request, the College also discloses education records without consent to official of another College in which a student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer. There is also other circumstances in which FERPA permits disclosure without consent of the student and such circumstances are available to the student upon his or her request.
4. Students looking to file a complaint with the U.S. Department of Education regarding FERPA must use a FERPA complaint form provided the Department available here.  The completed complaint form must be completed and either submitted electronically to FERPA.Compliants@ed.gov or may be mailed to U.S. Department of Education, Student Privacy Policy Office, 400 Maryland Avenue, SW, Washington, DC 20202-8520.

Bryant & Stratton College will generally release certain student directory information to the public. Such information could include some or all of the following data: student’s name, address(es), phone listing, e-mail address, date and place of birth, major field of study (program), enrollment status (e.g. undergraduate, full-time, or part-time), dates of attendance, photograph, post-graduation employer and job title, participation in activities and recognition received, and the most recent previous secondary and postsecondary institution attended by the student. Students who do not wish to have any part or all of this information released should inform the College of their wishes in writing no later than the end of the add/drop period. Students who do not wish to permit the release of directory information should complete an Opt-Out form provided by the campus. Additionally, Bryant & Stratton College reserves the right to release to police agencies and/or crime victims’ certain records or information pertinent to a crime which has occurred on campus, including the details of and disciplinary action taken against the alleged perpetrator of the crime.

Disciplinary Records

Other than College expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record. They shall become part of the student’s disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, College suspension, College expulsion, or revocation or withholding of a degree, upon application to the Campus Director or his or her designee. Cases involving the imposition of sanctions other than residence hall expulsion, College suspension, College expulsion or revocation or withholding of a degree shall be expunged from the student’s confidential record six years after final disposition of the case.

In general, disciplinary records are considered “education records” under the Family Educational Rights and Privacy Act (FERPA) and thus may be protected from disclosure with certain exceptions set forth in these policies. For this reason such records should not be disclosed without consulting the College’s legal counsel.

Information regarding the sanction, if any, issued as a result of a disciplinary proceeding against the accused student may be revealed to the complaining student only consistent with FERPA.

First, a school is permitted to disclose to a student who has been sexually harassed, a victim of dating violence, domestic violence or stalking, information about the sanction imposed upon a student who was found to have engaged in these types of violations when the sanction directly relates to the complaining student. This includes an order that the harasser stay away from the complaining student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall. Disclosure of other information in the student’s “education record,” including information about sanctions that do not relate to the complaining student, is not permitted.

Further, when the conduct complained of involves a crime of violence or a non-forcible sex offense, FERPA permits Bryant & Stratton College to disclose to the alleged victim the final results of any disciplinary proceeding against the alleged perpetrator, regardless of whether Bryant & Stratton College concluded that a violation was committed.

Additionally, Bryant & Stratton College may disclose to anyone-not just the alleged victim-the final results of a disciplinary proceeding if it determines that the student is an alleged perpetrator of a crime of violence or a non-forcible sex offense, and, with respect to the allegation made, that the student has committed a violation of the institution’s rules or policies. The disclosure of the final results only includes: the name of the alleged perpetrator, the violation committed, and any sanction imposed against the alleged perpetrator. The disclosure must not include the name of any other student, including a victim or witness, without the written consent of that other student.

Student Right-to-Know

In compliance with the Department of Education’s Right-to-Know Act, Bryant & Stratton College offers an electronic SRK Directory with the required performance results, policies and information. Prospective students, enrolled students and staff will find the SRK Directory on the College’s website at www.bryantstratton.edu.

Facilities and Educational Services

See the College’s website at www.bryantstratton.edu for information about the facilities and educational services readily available to students at the various campus locations.

Campus Security

In compliance with the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act, the College provides its students, staff and faculty, and applicants for employment or enrollment, with access to the Bryant & Stratton College Security and Fire Safety Report including sexual assault and other crimes.  The Annual Fire and Security Report can also be found on the College’s website at www.bryantstratton.edu/pdf/Securitypolicies.pdf.  A separate copy of each Bryant & Stratton College Campus Safety and Security Report is also available at https://ope.ed.gov/campussafety/#/.  This report is available for each campus location and includes statistics for the previous three years concerning reported crimes that occurred on campus; in certain off-campus buildings or property owned or controlled by Bryant & Stratton College; and on public property within, or immediately adjacent to and accessible from, the campus.  A hard copy version of the Annual Security and Fire Safety Report is available by request from the local Campus Director or the Business Office Director.  Bryant & Stratton College is committed to providing a safe and secure environment for all members of the campus community.

Substance Abuse Policy

Bryant & Stratton College recognizes that the misuse of drugs, alcohol and/or tobacco is a serious problem with legal, physical, emotional and social implications for the entire College community. Therefore, the consumption, sharing, distribution, selling, use, possession of drugs, alcohol, tobacco, illegal, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited at any College sponsored event or on College property at all times.*  The inappropriate use of prescription and over-the-counter drugs is also prohibited. Persons shall be banned from entering College grounds or College- sponsored events when exhibiting behavioral, personal, or physical characteristics indicative of having used or consumed alcohol or drugs (illegal or through the inappropriate use) or other substances. The College’s Student Code of Conduct outlines the disciplinary measures for students in violation of the Substance Abuse Policy.

* Federal law prohibits all use, possession and/or cultivation of marijuana at U.S. educational institutions.  Federal law requires any institution of higher education that receives federal funding to have policies in place that prohibit possession, cultivation and/or use of marijuana on campus - this includes Bryant & Stratton College.  Therefore, the use, possession and/or cultivation of marijuana is not permitted on any Bryant & Stratton College property, facility, location, campus, building, residence hall or off-campus apartment obtained through Bryant & Stratton College, regardless of state law permissions.

Drug and Alcohol Abuse Prevention Program

Drug Free Campus and Workplace

Bryant & Stratton College agrees to provide a drug-free campus/workplace and hereby publishes a statement notifying students/employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited at this school.*  In addition, the College herewith informs its students/employees of the specific actions that will be taken against students/employees for violation of such prohibition. A copy of this notification is being provided to you in accordance with Federal regulations implementing the Drug-free Workplace Act of 1988, 34 CFR Part 85, Subpart F.

Students/employees are notified that, as a condition of enrollment/employment, the school requires each student/employee certify that he/she has been informed of the College’s policy to maintain a drug-free campus/workplace as stated in the above “Notice to Students/Employees”; that he/she agrees to abide by the terms of the above Notice; and that he/she agrees to notify the school in no later than five days after such conviction. Students/employees who are found to be in violation of this agreement are subject to disciplinary action, up to and including termination of enrollment/employment.

Any student/employee who needs assistance in regards to a substance abuse problem is encouraged to contact their academic dean or supervisor. Such contact will be held in complete confidence. The dean/supervisor will help to put you in contact with local agencies that assist individuals with substance abuse problems. Students /employees may be granted a temporary leave of absence during their treatment period at the discretion of the dean/supervisor.

All students/employees certify that, as a condition of enrollment/employment, he/she will make a good-faith effort to maintain a drug-free campus/workplace and will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance during the period covered by his/her stay of enrollment/employment. He/she is aware of the dangers of drug abuse and further understand that violation of this prohibition will subject him/her to disciplinary action, up to and including termination of enrollment/employment. All employees certify to this statement each year through the benefit enrollment process and students during the financial aid process.

A copy of these documents is available to employees and students upon request in the Business Offices of Bryant & Stratton College.

The College’s Student Code of Conduct policies outline the disciplinary measures for students in violation of the Drug and Alcohol policy, Drug and Alcohol Amnesty policy and rules for bystanders acting in good faith. Bryant & Stratton College is committed to taking all actions consistent with federal, state and local law and individual privacy rights to eliminate illegal and prohibited drugs on its campuses and to deal firmly and fairly with individuals found in violation of this policy including, but not limited to, referral of the offending student or associate to criminal prosecution and/or imposing disciplinary action up to and including dismissal. These policies are located in the College Catalog and in the Student Code of Conduct Sections of the Annual Fire and Security Report as well as on the College’s website in the Student Right to Know https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf#page=15

Please refer to this link for additional information on the effects of alcohol and drugs, resources available to students and associates as well as certain state and federal criminal sanctions for the unlawful possession, use, abuse or distribution of illegal drugs and alcohol.

* Federal law prohibits all use, possession and/or cultivation of marijuana at U.S. educational institutions.  Federal law requires any institution of higher education that receives federal funding to have policies in place that prohibit possession, cultivation and/or use of marijuana on campus - this includes Bryant & Stratton College.  Therefore, the use, possession and/or cultivation of marijuana is not permitted on any Bryant & Stratton College property, facility, location, campus, building, residence hall or off-campus apartment obtained through Bryant & Stratton College, regardless of state law permissions.

Servicemembers and Veterans

Facts for Veterans

Bryant & Stratton College is a Principles of Excellence school and approved for participation in various veteran aid programs including Military Tuition Assistance and GI Bill® for the training of U.S. veterans and their families. Military students and their families should contact their Department of Veterans Affairs representative for more information on a veteran’s benefit eligibility.  “GI Bill® is a registered trademark of the U.S. Department of Veterans Affairs (VA).  More information about education benefits offered by VA is available at the official U.S. government website at http://www.benefits.va.gov/gibill.  College policies, procedures and/or available benefits may vary.  Students should contact their campus representative with specific questions about this or any of the following content.

Transfer Credits for Veterans

It is mandatory that Bryant & Stratton College receives all official college and military transcripts, for review, for students receiving military and/or veteran benefits by the end of the student’s first semester at Bryant & Stratton College. The Dean or designee must work closely with the applicant to request all college and military transcripts. This may include processing the written request and requesting payment for transcript(s), if necessary. Military transcripts available through Joint Services (JST) may be requested online by the students or the Dean or designee with the student’s permission. Recipients of military/veteran benefits are obligated to receive the transfer credit review by the College.  If transfer credits are possible, the credits must be awarded, unless the campus receives approval in writing from the grantor of any military/veteran funding that the student is approved to retake a course, for which transfer credit was possible.    

Bryant & Stratton College will notify the student, via email, of all accepted transfer credits.   

Joint Services military transcripts (i.e., Army, Coast Guard, Marine Corp., and Navy) can be requested by the student at the following website:https://jst.doded.mil/smart/signin.do

Please refer to the Academic Information/Transfer of Credits section of this catalog for more information.   

Financial Obligation

Bryant & Stratton College will defer all tuition and other financial obligations with Bryant & Stratton College until the student’s educational assistance under Chapter 31, 33 or 35 can be processed and credited to his/her account, assuming the student provided a certificate of eligibility for assistance under these chapters to the College, as required by the appropriate approving agency.  

Additionally, Bryant & Stratton College will not impose any penalty, including the assessment of late fees, the denial of access to classes, libraries, or other institutional facilities, or impose a requirement that the students borrow additional funds to cover any outstanding balance due to a delayed disbursement of a payment of Chapter 31, 33 or 35 benefits, unless the student is less than 100% covered.

Student must apply for their financial assistance prior to the start date of each term.  Term start dates can be found at:  https://www.bryantstratton.edu/financial-aid/military-aid.

Yellow Ribbon Program

Bryant & Stratton College is participating in the Yellow Ribbon Program under the Post 9/11 GI Bill®(Chapter 33). Your Financial Aid Advisor can advise you on your available benefits. The VA determines eligibility for education benefits. You are responsible for applying for your benefits. Additional information on these resources is available at www.bryantstratton.edu/admissions/military/benefits.

Principles of Excellence

Bryant & Stratton College is a participating institution in the Principles of Excellence Program and complies with the written guidelines and standards. In addition, the College has a signed Memorandum of Understanding with the Department of Defense agreeing to meet all Principles of Excellence Standards and therefore allowing Active Duty Service Members to utilize Tuition Assistance if qualified.

8 Keys to Veterans’ Success

Bryant & Stratton College is committed to, and is a published participant for The 8 Keys to Veterans’ Success (8 Keys). This is a voluntary initiative through the Departments of Education and Veterans Affairs. They highlight ways that colleges and universities can support veterans as they pursue their education and employment goals.

Military Tuition Assistance

Military Tuition Assistance is a benefit paid to eligible members of the Army, Navy, Marines, Air force, and Coast Guard. Congress has given each service the ability to pay up to 100% for the tuition expense of its members. Each service has its own criteria for eligibility, obligated service, application process and restrictions.  The best place to start is by contacting your local education office. This money is usually paid directly to the College by the individual service.  Please visit the College’s website for links to important resources to help you get started.  https://www.bryantstratton.edu/admissions/military/resources.

Bryant & Stratton College is Non-LOI (Letter of Instruction) and does not upload your course schedule into GAE.  You must contact your Education Service Officer (ESO) for detailed information and request approval by the ESO 7-to-14 days prior to the first day of class, depending on your education office requirements.  The first day of class for the Fall 2023 semester is September 6, 2023 and for the Winter B 2023 semester (Online only) is November 1, 2023.

Important Information Related to the Tuition Assistance (TA) Program for Service Members

Reimbursement criteria for non-successful course completion (effective for courses starting on or after September 6, 2014).

For the purpose of reimbursement, a successful course completion is defined as a grade of “C” or higher for undergraduate courses, and a “Pass” for “Pass/Fail” grades.

An institution may not receive Tuition Assistance Programs funds for students with grade point average that are less than 2.0 after completing 15 semester hours (or the equivalent) in their undergraduate studies. Tuition Assistance requests for reimbursement must be approved before the start date of the class.

Return of Unearned Tuition Assistance funds.

The Memorandum of Understanding with the Department of Defense requires schools to determine the amount of TA funds that recipients earn if they withdraw from school using the same method to calculate the return of Title IV funds required by United States Department of Education. This return of funds requirement applies to students who officially withdraw from school as well as those who are administratively withdrawn for non-attendance as outlined in the Attendance section of this catalog. When you withdraw during your payment period or period of enrollment, the amount of TA funds that you have earned up to that point is determined by a specific formula. If you receive (or the College receives on your behalf) more assistance than you earned, the excess funds must be returned by Bryant & Stratton College and/or you to the Department of Defense. The amount of assistance that you have earned is determined on a prorated basis. For example, if you completed 30% of your payment period of period of enrollment, you earn 30% of the TA assistance you were originally scheduled to receive. Once you have completed more than 60% of the payment period or period of enrollment, you earn all the assistance that you were scheduled to receive for that period. If the College is required to return a portion of your TA funds as a result of your withdrawal from the College, you may be left with a balance due the College. Please contact your Financial Services Advisor if you have any questions on this requirement.