Student Life

• Policies and Procedures
• Adjustments for Pregnancy or Pregnancy Related Conditions
• Accommodations for Students with Disabilities
• Student Code of Conduct Dismissal Policies
• Disciplinary Procedures and Grievance Procedures
• Student Complaints Other Than Grievances
• SARA Student Complaint Process
• 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 age, race, ethnicity, national origin, color, religion, disability, marital status, veteran status, sex/gender (including pregnancy or pregnancy related conditions), sexual orientation, gender identity/expression (including transgender status) or any other protected characteristics 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. 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.

Students may elect to use the Grievance Procedures detailed below in the event of alleged discrimination on the basis of a protected characteristic.  Students 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.  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, locations, facilities.  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.

Disciplinary Procedures and Grievance Procedures

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.

Withdrawal During Pendency of Disciplinary Proceedings

Should a charged student withdraw or be withdrawn from the College during the pendency of disciplinary proceedings, such withdrawal will be treated as a voluntary forfeiture of the disciplinary process.  In such cases, the Campus Director or designee will consider the evidence regarding the alleged violation(s), render a decision on whether the student violated the Code of Conduct, and issue any sanctions deemed necessary.  The decision of the Campus Director or designee will be final, with no right of appeal.

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 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 on the basis of age, race, ethnicity, national origin, color, religion, disability, marital status, veteran status, sex/gender (including pregnancy or pregnancy related conditions), sexual orientation, gender identity/expression (including transgender status) or any other protected characteristic.

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 BSC Grievance Contact Directory

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.

Student Complaints Other Than Grievances

Bryant & College prides itself in providing a positive experience for all students.  In the event you become dissatisfied with any aspect of your educational experience, you have the right to post a formal complaint.  To register a formal complaint you should adhere to the following procedure:

1. Prepare a written complaint describing the nature of the problem, the date of occurrence, and your student identification number.  You can mail, e-mail or submit a paper copy of your complaint.  Send this formal complaint to the manager of the appropriate department.  If your concern does not relate to a specific department, address your complaint to the Dean.
2. You will receive a return message within five (5) business days, confirming that your complaint has been received.
3. Within ten (10) business days of receipt of the complaint, you will receive an official response from the manager or campus designate.  The response may include a scheduled meeting, resolution action or referral to a committee.
4. All formal complaints are retained as part of the student files.
5. If you are dissatisfied with the response from the campus department manager, you may submit your concern to the Campus Director.

SARA Student Complaint Process

Any Bryant & Stratton College student having a complaint or grievance against the College they wish to have addressed must first follow the Grievance Procedures or Complaint Procedures outlined above, depending on the subject of the complaint or grievance.  These procedures apply to all students.  Dedicated online students (located in states and U.S. territories other than New York, Ohio, Virginia or Wisconsin where the College maintains a physical presence) 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 or Complaint 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 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

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

Section 1:  Statement of Purpose

Bryant & Stratton College (the 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 the College. This Policy prohibits sex discrimination, sex-based harassment, retaliation, and other behaviors described in this Policy. Collectively, these forms of misconduct will be referred to 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 will 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 is applicable to alleged incidents of sexual misconduct that occur on or after August 1, 2024 unless adoption of this policy is enjoined by law in the state in which the campus is located. For alleged incidents of sexual misconduct occurring prior to August 1, 2024, or in states in which this Policy is enjoined by state law (i.e., Ohio and Virginia) the provisions of the pre-August 1, 2024 Sexual Misconduct Policy will apply. These differences are set forth in Appendix B.

This Policy applies to all College community members participating in or attempting to participate in the College’s programs or activities. College community members include students, associates (i.e., faculty, staff, and other employees of the College), and independent contractors.

The College’s programs and activities are comprised of i) all locations, events, or circumstances in which the College exercises substantial control over both the Respondent and the context in which the conduct occurred, ii) circumstances where the College has disciplinary authority, and iii) any building owned or controlled by a College-recognized student organization. This Policy also applies to the effects of off-campus or online misconduct that limit or deny a person’s access to the College’s programs or activities.

The College will receive and address reports related to a violation of this Policy from any individual, whether or not they are affiliated with the College. Vendors, contractors, visitors, and others who conduct business with the College or on College property are likewise expected to comply with this Policy.

It should be noted, however, that a person is entitled to make a Complaint of Sex-based Harassment (as described in  Section 4) only if they themselves are alleged to have been subjected to the Sex-based Harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a Complaint in accordance 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 or related conditions, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

For disciplinary action to be issued under this Policy, the Respondent must be a College student or associate at the time of the alleged incident. If the Respondent is unknown or is not a student or associate, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions. The College can also assist in contacting law enforcement if the individual would like to file a police report about criminal conduct.

Individuals occasionally disclose information regarding sexual misconduct during public awareness and/or advocacy events, such as candlelight vigils, protests, survivor speak-outs, 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 to the College and the College will investigate all Complaints. The College may use information shared at these types of events to inform its efforts for additional education and prevention efforts regarding sexual misconduct.

Section 3: Terminology and Definitions

• Advisor. Any person chosen by a party, or appointed by the College, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process.
• Bystander. Any person who witnesses or learns about sexual misconduct or another violation of this Policy who is not themselves a party of the sexual misconduct.  Bystanders are welcome and encouraged to report incidents of sexual misconduct that they have witnessed or learned about.
• College Program or Activity. Locations, events, or circumstances where the College exercises substantial control over the context in which the sexual misconduct occurs and also includes any building owned or controlled by a student organization that the College officially recognizes.
• Complainant. A student or associate who is alleged to have been subjected to conduct that could constitute sexual misconduct under the Policy; or a person other than a student or associate who is alleged to have been subjected to conduct that could constitute sexual misconduct under the Policy and who was participating or attempting to participate in the College’s program or activity at the time of the alleged sexual misconduct. Complainants may also be a parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant, or the College’s Title IX Coordinator
• Complaint. An oral or written request to the College that can objectively be understood as a request for the College to investigate and make a determination about the alleged Policy violation(s). Note that a complainant need not use any specific words in order to trigger the obligation to investigate the matter.

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.

• Confidential Employee.
  • An associate whose communications are privileged or confidential under federal or state law. The associate’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
  • An associate whom the College has designated as confidential under this Policy for the purpose of providing services to persons related to sexual misconduct. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about sexual misconduct in connection with providing those services.
• Investigator. The person(s) authorized by the College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.
• Knowledge. When the College receives Notice of conduct that reasonably may constitute sexual misconduct in its program or activity.
• Mandated Reporter. A College employee who is obligated by Policy to share Knowledge, Notice, and/or reports of sexual misconduct with the Title IX Coordinator.
• Notice. When an employee, student, or third party informs the Title IX Coordinator of an alleged occurrence of sexual misconduct.
• Parties. The Complainant(s) and Respondent(s), collectively.
• Pregnancy or Related Conditions. Past, potential, or current pregnancy, childbirth, termination of pregnancy, lactation, recovery, and all related medical conditions (e.g., morning sickness, fatigue, nausea, dehydration, gestational diabetes, preeclampsia, prenatal or postpartum depression, infertility, lactation conditions or complications, etc.), or recovery therefrom.
• Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to the College’s program and activity.
• Respondent. A person who is alleged to have engaged in conduct that could constitute sexual misconduct.
• Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
• Student. Any person who has gained admission to the College.
• Title IX Coordinator. The person with primary responsibility for overseeing and enforcing this Policy, including the Resolution Process. As used herein the Title IX Coordinator also includes their designee(s).

 Section 4: Prohibited Conduct

Students and employees are entitled to an educational and employment environment that is free of sexual misconduct. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom.

This section describes the specific forms of sexual misconduct, including legally prohibited sex discrimination, sex-based harassment, retaliation, and other conduct that is prohibited. All offense definitions below encompass actual and/or attempted offenses.

Sexual misconduct is a broad term that encompasses a range of behaviors. 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:

1. Sex Discrimination and/or Gender Discrimination

Treating an individual unfavorably or adversely based upon that individual’s actual or perceived sex/gender (including pregnancy or related conditions), gender identity or perceived gender identity in the context of educational or employment activities, programs, or benefits, such as in admissions, hiring, selection for and/or participation in projects, teams, or events, provision of wages or benefits, selection for promotions, etc. Discrimination can take two primary forms:

1. Disparate Treatment Discrimination:

• Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived sex and that:
  • Excludes a person from participation in;
  • Denies a person benefits of; or
  • Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.
     

2. Disparate Impact Discrimination:

• Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on the basis of sex that:
  • Excludes a person from participation in;
  • Denies a person benefits of; or
  • Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.

2. Sex-based Harassment

Conduct, on the basis of sex, that constitutes one or more of the following activities:

3. Hostile Environment Harassment

• Unwelcome sex-based conduct that based on the totality of the circumstances is subjectively and objectively so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a College program or activity. Conduct that may meet this standard, depending on the circumstances, includes but is not limited to:
  • 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.
  • 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.

4. Quid Pro Quo Harassment:

• A College associate conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.  Examples of quid pro quo sexual harassment include:
  • 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.

5. Sexual assault

• Any sexual act directed against another person, without the consent of that person including instances where the person is uncapable of giving consent because of their age or because of their temporary or permanent mental incapacity. This includes:
  • 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 that person. 
  • 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.

6. Dating Violence

• Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: i) The length of the relationship; ii) The type of relationship; and iii) The frequency of interaction between the persons involved in the relationship.

7. Domestic Violence

• Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of a person, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
   

8. Stalking

• Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.

3. Other Sexual Misconduct

​

9. Sexual coercion

• Using verbal pressure to compel another person to engage in sexual activity that he/she would otherwise not consent to, including but not limited to telling lies, threatening to spread rumors, and engaging in verbal abuse.

10. Sexual exploitation

• Engaging intentionally in exploitive behavior including but not limited to:
  • 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.

11. Hate crime

• Any crime that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purposes of this policy, the categories of bias include the victim’s (actual or perceived): race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, or disability.

12. Retaliation

• Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

Intimidation, threats, coercion, or discrimination, including charges against an individual for violation of this Policy or any part of the College’s Code of Conduct that do not involve sex discrimination or sex-based harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Complaint of sex-based harassment, for the purpose of interfering with any right or privilege secured by this Policy constitutes retaliation.

The exercise of any rights protected under the First Amendment does not constitute retaliation. Charging an individual with a violation of this Policy or a Code of Conduct violation for making a materially false statement in bad faith in the course of a proceeding under this Policy does not constitute retaliation. However, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

13. Unauthorized Disclosure:¹

• Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process (as described below) except as required by law or as expressly permitted by the College; or publicly disclosing College work product that contains personally identifiable information without authorization or consent.

14. Failure to Comply/Process Interference

• Intentional failure to comply with the reasonable directives of a Title IX Coordinator in the performance of their official duties, including with the terms of a no contact order, including:
  • Intentional failure to comply with emergency removal or interim suspension terms
  • Intentional failure to comply with sanctions
  • Intentional failure to adhere to the terms of an Informal Resolution agreement
  • Intentional failure to comply with mandated reporting duties as defined in this Policy
  • Intentional interference with the Resolution Process, including, but not limited to:

1. Destruction of or concealing of evidence
2. Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
3. Intimidating or bribing a witness or party

¹ Nothing in this section restricts the ability of the Parties to: obtain and present evidence, including by speaking to witnesses (as long as it does not constitute retaliation under this Policy), consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the Resolution Process.

Section 5: Affirmative Consent

In assessing whether alleged sexual activity was consensual, the College will require that the consent be affirmative.  Affirmative consent is the knowing, voluntary, and mutual decision among all participants to engage in sexual activity.  Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

Additional guidance regarding consent:

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
• Consent is required regardless of whether either person involved in the act is under the influence of drugs and/or alcohol.
• Consent may be initially given but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• When consent is withdrawn or can no longer be given, sexual activity must stop.

Section 6: Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services the College offers Complainants and Respondents as appropriate, as reasonably available, and without fee or charge upon Notice of alleged sexual misconduct. Supportive measures are designed to provide equal access to the College’s education program or activity without causing an unreasonable burden, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment.

The College will maintain as confidential any supportive measures provided to either Party, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Contact the Title IX Coordinator to request any of the below protections and/or campus accommodations.

Below is a list of supportive measures that may be available, if appropriate.

1. No Contact Orders

• Having the College issue a one-way “no contact” order against the Respondent or a mutual no-contact order against both parties. 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. A one-way no-contact order could be appropriate in cases where it 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. 
• When a one-way no-contact order is issued, if the parties and/or reporting individual observes each other in a public place, it will be the responsibility of the Respondent to avoid contact and leave the area immediately and without directly contacting the reporting individual and/or Complainant. If necessary, the College may establish a schedule for the parties 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 parties 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. Both parties will be allowed to submit evidence in support of their request.

2. 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 individual violates an order or protection or restraining order, they could be arrested. The College reserves the right to impose consequences on individuals who violate orders of protection and restraining orders, such as imposing additional conduct charges and/or subjecting that individual to interim suspension.

3. 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 Complainants in instances where a Respondent fails to comply with an order of protection.

4. Interim Suspension

• In situations where the Respondent is a student and determined to present a continuing threat to the health and safety of the community, it may be appropriate to subject the Respondent to interim suspension pending the outcome of the Sexual Misconduct Resolution Process. After carrying out an individualized safety and risk analysis, in cases where the College determines that a Respondent student presents an immediate threat to the physical health or safety of any student or other individual arising from the alleged violation(s) of this Policy, the College may find that interim suspension of a student is justified. If the Respondent is a College associate, the College may place the associate on administrative leave if it deems such action appropriate.
• Determinations of whether a Respondent poses a continuing threat to the health and safety of the College community are made by Title IX Coordinator. In making such determinations, the Title IX Coordinator shall act in good faith. Considerations taking into account include:
  • Whether the Respondent has a history of violent behavior or is a repeat offender;
  • Whether the 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 Complainant
  • Any other relevant factors, such as but not limited to 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;
• When the threat posed implicates mental health issues, the Respondent 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. 
• All parties 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 their request.

5. Other Measures

• 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, such as:
  • Counseling
  • Extensions of deadlines or other course-related adjustments
  • Modifications of work or class schedules
  • Campus escort services
  • Changes in work or housing locations
  • Leaves of absence
  • Increased security and monitoring of certain areas of the campus

Section 7: Title IX Coordinator

The Title IX Coordinator is the associate responsible for coordinating the College’s prevention of and response to sexual misconduct, as well as for addressing any questions or inquiries regarding how the College applies federal Title IX law and regulations. In New York, the College’s Title IX Coordinator also coordinates the College’s response to acts of sexual misconduct as required by New York State’s “Enough Is Enough” law (Education Law 129-B). Each location has a Title IX Coordinator.

Title IX Coordinators or their designees have many responsibilities as part of their job of ensuring the College complies with the law. The Title IX Coordinator has the primary responsibility for:

• Receiving reports and Complaints regarding sexual misconduct
• Initiating a Complaint where the Complainant is unwilling or unable to do so in cases where a Complaint is necessary to ensure equal access to the College’s program and activities
• Providing information to students and associates about resources and support services available
• Directing investigations into incidents of sexual misconduct 
• Issuing supportive measures
• Carrying out restorative remedies to Complainants when directed to do so upon conclusion of a Sexual Misconduct Hearing
• Overseeing the Sexual Misconduct investigation and hearing process in a neutral and impartial fashion
• Collecting statistics regarding the prevalence of sexual misconduct on campus
• Conducting surveys of the campus community regarding sexual misconduct, as required; and
• Overseeing education and training programs relating to sexual misconduct

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:

Section 10: 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. The 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.

The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that sexual misconduct, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report all sexual misconduct to the Title IX Coordinator or College associate.

A reporting individual, including a student-bystander, acting in good-faith that discloses any incident sex-based harassment 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.  

Section 11: 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 College’s 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.

Section 12: 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 an anonymous tally - neither the identity of the reporting individual nor the specifics of the crime are included in these reports.

Section 13: Resources and Support Services

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.  a list of emergency medical facilities and other medical or service providers near each campus is provided in Appendix A. 

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.

Section 14: 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 complaints of sexual misconduct. 

Section 15: Sexual Misconduct Resolution Process

1. Presumption of Not Responsible

In cases where this Policy is applicable as set forth in Section 2 above, when a Respondent 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 Respondent may face conduct charges and be subjected to the College’s Sexual Misconduct Resolution Process. All Respondents who are subjected to the Resolution Process are entitled to a presumption of “not responsible” (not guilty) conduct until a determination regarding responsibility is made at the conclusion of the resolution process.

All processes will be conducted in a fair, impartial, thorough, and timely manner. However, as described in Section 6, there may be circumstances where prior to the conclusion of the resolution 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 to establish that the alleged violation of this Policy was committed by the Respondent is on the College. The standard of evidence required in both a Sexual Misconduct Hearing and an 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. It is the standard of evidence often used in civil court proceedings. This standard will be used for 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 their Complaint. This informal process is not available when the accused is a College associate. Both parties must voluntarily consent in writing to the informal resolution process, or the informal resolution process will not be permitted. An informal resolution avoids a full investigation and Sexual Misconduct Committee hearing and allows the parties to mediate a resolution. The informal resolution process is not available unless a Complaint has been initiated. If a Complainant seeks an informal resolution, both the Respondent and the Complainant will be sent a written notice disclosing:

• The allegations
• That if the parties reach a mutually acceptable resolution to which they agree in writing, the Complainant will be prevented from resuming a 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 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 Complaint process

4. Sexual Misconduct Investigation and Hearing Process

Reporting without Submission of a Complaint

In certain circumstances where a Complaint has not been submitted, the Title IX Coordinator may determine that an investigation is necessary to protect the health and safety of other students and/or the College community.  When the Title IX Coordinator determines that an investigation is necessary, the Complainant will be treated as a party in any Sexual Misconduct proceeding. Complainants who have anonymously submitted a report regarding an incident of sexual misconduct should be aware that their anonymity may inhibit the College’s ability to conduct a full investigation of the incident and/or communicate actions taken. In addition, such anonymity will inhibit the ability of the College to provide the Complainant supportive measures.

Complaint Process

Reports of potential and actual violations of this Policy will be processed as follows.

• All written notifications referenced herein will be provided by the College to the Parties in a manner that requires the Parties to acknowledge receipt, such as certified mail or email, return receipt requested or hand delivery with a signed receipt. 
• All sexual misconduct incident reports will be reviewed by the Title IX Coordinator.
• The Title IX Coordinator may not have a conflict of interest or bias for or against the Complainant or the Respondent specifically or for or against Complainants or Respondents generally. A designee for the Title IX Coordinator will be appointed if a conflict exists.
• In all cases where a Complaint is submitted by a Complainant or initiated by a Title IX Coordinator, the Title IX Coordinator (or designee) will conduct an investigation into the incident reported. 
• When a Complaint is submitted, within 10 days, the Title IX Coordinator will provide a written notice to both the Complainant (if known) and the Respondent containing:
  • A description of the Sexual Misconduct Hearing process, including the informal resolution process;
  • The allegations of sexual misconduct with sufficient details known at the time the notice is drafted including the description of the allegations, the identities of the parties involved (if known), the conduct allegedly constituting sexual misconduct as defined in this Policy, and the date and location of the alleged incident, if known.
  • A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the Sexual Misconduct Hearing. 
  • If both parties to the Complaint are students and the sexual misconduct is sex-based harassment, a statement that:
    • the parties may have an advisor of their choice
    • the advisor may be, but is not required to be an attorney
    • if the party has no advisor at their hearing, the College will provide one of the College’s choice
    • advisors provided by the College are not required to be attorneys
    • that the College’s obligation to provide an advisor is limited to the initial hearing only and not any appeal hearing
  • Notice that the parties may inspect and review evidence.
  • The College’s prohibition of knowingly making false statements or knowingly submitting false information during the Sexual Misconduct Resolution Process.

• In instances of sexual misconduct not involving sex-based harassment are instances where one party is a College associate, the use of advisors is not permitted.
• During the course of any investigation, if investigation is pursued about allegations of either a Complainant or a Respondent that were not included in this notice, the College will provide notice of those allegations to the parties whose identities are known.
• Any investigation will be conducted in a fair, impartial, thorough, and timely manner and a good faith effort will be made to complete the investigation within 45 days. If the investigation requires additional time, the parties will be notified with an estimate of the additional time required to complete the investigation. The burden of gathering the evidence will be on the College and not on the parties.
• The College may not access, consider, or otherwise use a party’s records that are: 1) made or maintained by a physician, psychiatrist, or other recognized professional or paraprofessional acting in their professional’s or paraprofessional’s capacity, or assisting in that capacity, and 2) which are made and maintained in connection with the provision of treatment to the party.  However, the College may access, consider, and use these records if the College obtains that party’s (or the party’s parents, if necessary) voluntary, written consent to do so for a Sexual Misconduct Hearing. 
• The parties will be provided equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the Complaint, including evidence that the College does not intend to rely upon in reaching a determination regarding responsibility. This includes such evidence that is inculpatory (evidence indicating culpability) or exculpatory (evidence indicating lack of culpability whether it was obtained from a party or another source. Such access will be provided to ensure that the parties are able to meaningfully respond to the evidence at the conclusion of the investigation.
• To this end, before the investigative report is completed, the College will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will be provided 10 days from receipt of the evidence to submit a written response. Any such responses will be considered prior to completion of the investigative report. At any hearing that follows, this evidence will be made available to the parties and both parties will have equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.
• Should investigative interviews or meetings be necessary or should an individual’s participation at the hearing be requested, written notice will be provided to the individual with the date, time, location, participants, and the purpose of the interview, meeting, or hearing (as applicable). Such notice will be provided with at least 5 days prior notice or as soon as possible but with sufficient time for the participant to prepare for the interview, meeting, or interview.
• Upon completion of the investigation, an investigative report will be prepared which fairly summarizes the relevant evidence. If it is decided that the Respondent should be subject to proceedings under the Sexual Misconduct Hearing Process, each party and any advisor will be provided a copy of the report in an electronic format or a hard copy at least 10 days before any hearing (if a hearing is required) or other time of determination regarding responsibility. Both parties will be given an opportunity to submit a written response to the report which will be due no later than 3 business days before the hearing.

Dismissal of Complaints

• The Title IX Coordinator may dismiss a Complaint if the Title IX Coordinator determines that the conduct alleged in the Complaint would not constitute sexual harassment as defined in this Policy even if proved, or that the alleged conduct does not fall within the scope of this policy as set forth in Section 2.
• The Title IX Coordinator may also dismiss the Complaint if at any time during the investigation or the hearing: the Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Complaint or any allegations in it, the Respondent is no longer enrolled or employed by the College, or the specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Complaint or allegations in it. 
• If a Complaint is dismissed, the College will send simultaneously send written notice of the dismissal to all parties within 10 days of the determination indicating that dismissal is necessary and the reasons for the dismissal. This notice will also inform the parties how the dismissal may be appealed.
• When a complaint is dismissed, the College will, at a minimum:
  • Offer supportive measures to the Complainant as appropriate;
  • If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
  • Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sexual misconduct does not continue or recur within the College’s program or activity

Charges and Notice of Hearing

• If upon the completion of the investigation, it is determined that there is sufficient evidence to proceed to a hearing, at least 10 days before the date of the hearing, written notice will be provided to the Respondent, Complainant, and any other party whose participation is invited or expected. Such notice will include:
  • The facts of the allegations made against the Respondent
  • The specific College policy violation allegedly committed by the Respondent
  • The time and date on which the violation allegedly occurred
  • Possible consequences and/or sanctions against the Respondent for such violation
  • Information regarding how the Respondent can dispute the violation alleged (including the date, time, and location of a Sexual Misconduct Hearing at which the Respondent will be entitled to present evidence)
  • What (if any) temporary measures will be imposed upon the Respondent while the Sexual Misconduct Hearing is in progress (e.g., interim suspension or administrative leave)
  • The date, time, location, participants, and the purpose of the hearing. The date selected by the Title IX Coordinator will be timely in that it will provide the Respondent a reasonable amount of time to prepare for the Hearing while also not constituting an unreasonable delay in resolving the charges.
  • When an alleged violation involves more than one Complainant, or when more than one violation is alleged to have been committed by the Respondent, the Title IX Coordinator may determine, in their discretion, to schedule separate Hearings.
  • If applicable, the right of both parties to be accompanied at the Sexual Misconduct Hearing by an advisor of their choice

Sexual Misconduct Hearing

• The Sexual Misconduct Hearing (Hearing) will be conducted in a fair, impartial, and thorough manner and presided over by a Sexual Misconduct Hearing Committee (Committee), which will be composed of impartial individuals selected by the Title IX Coordinator. The Title IX Coordinator may not serve on the Committee. Committee members may not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent specifically.
• The Committee will hear all evidence presented on the alleged violation. During the Hearing, the parties will have the opportunity to present evidence and to inspect and review evidence.
• In certain situations, as described above, both parties will have the right to be accompanied by an advisor of their choice. In situations where advisors are permitted, the College will only be responsible for providing, without fee, an advisor to the parties at the Hearing, if necessary. An advisor may be, but is not required to be, an attorney. In situations where advisors are permitted, the parties have the right to an advisor in proceedings and meetings other than the initial hearing but not the right for the College to provide such an advisor. Such advisor may accompany the party not only at the hearing but also at any interview or meeting. However, the Title IX Coordinator, when acting as the investigator, and the Committee may establish restrictions on the extent to which advisors may participate in the hearing, interview, or meetings provided such restrictions apply equally to both parties.  
• During a Hearing, the Committee will objectively evaluate all of the relevant evidence, including both inculpatory and exculpatory evidence. The Committee will not make credibility determinations based on a person’s status as a Complainant, Respondent, or witness.
• The Hearing will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of:
  • information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
  • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the College obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
  • Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred
• During the course of the Hearing, the College will not restrict the ability of either party to discuss the allegations under investigation or to gather and then present relevant evidence. The parties will be given an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
• The Hearing will be live (in-person) with the following procedural rights and restrictions:
  • The Committee will decide on the location of the Hearing with the parties in the same geographic location.  If either party so requests or at the discretion of the Committee, the Hearing will be carried out with the parties located in separate rooms with technology, such as video conferencing, which enables the Committee and the parties to simultaneously see and hear the party or witness while that person is speaking. An audio or audiovisual recording, or transcript, of any live hearing will be made available to the parties for inspection and review. This record will be maintained for seven years.
  • The Committee will generally be responsible for asking relevant and not otherwise impermissible questions (as described above) and follow-up questions of parties and witnesses, including questions challenging credibility. In doing so, the Committee will:
    • Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the Committee, subject to the procedures for evaluating and limiting questions discussed below; or
    • In Hearings where advisors are present, allow each party’s advisor to ask any party or witness such questions, subject to the procedures for evaluating and limiting questions discussed below.
  • All cross-examination will be conducted directly, orally, and in real time either by the Committee or the party’s advisor, but never by the party personally. Only relevant cross-examination and other questions may be asked of a party or witness. The party or individual being examined by the other party’s advisor will await a relevancy determination from the Committee Chair before answering each question. Should the Committee Chair exclude the question, the Chair will explain the reason for the exclusion.
  • If a party or witness does not submit to cross-examination at the live hearing, the Committee may nonetheless rely on any prior statement of that party or witness in reaching a determination regarding responsibility. For example, the Committee may consider statements made by the parties and witnesses during the investigation, emails or text exchanges between the parties leading up to the alleged sexual harassment, and statements about the alleged sexual harassment that are relevant, regardless of whether the parties or witnesses submit to cross-examination at the live hearing. The Committee may also consider police reports, sexual assault nurse examiner documents, medical reports, and other documents even if those documents contain statements of a party or witness who is not cross-examined at the live hearing. However, the Committee will not draw an adverse inference from a complainant’s or respondent’s decision not to participate or remain silent during the process. An investigator or the Committee, in the investigation or the hearing respectively, will reach findings and conclusions based on the information available.

Determination

• After all evidence has been presented in the Hearing, the Committee will privately deliberate and will render a decision as to whether the Respondent is “responsible” (guilty) or “not responsible” (not guilty) for the violation applying the preponderance of evidence standard. The Committee will impose consequences and/or sanctions on the Respondent if found responsible, if appropriate. 
• If the Respondent fails to or declines to attend the Hearing, the Hearing will be held without the Respondent present and the Committee may reach a decision of “responsible” and impose consequences and/or sanctions even in the Respondent’s absence. However, the Committee will not make a determination based solely on the absence of the Respondent.
• The written determination will be simultaneously sent to both parties within 5 business days of the conclusion of the Hearing and will include:
  • A summary of the allegations including which provisions of this Policy were alleged to be violated
  • A summary of the procedural steps the College carried out from receipt of the Complaint through the determination, including notifications to the parties, any interviews with parties and/or witnesses, any site visits, other methods used to gather evidence, and hearings held
  • Findings of fact supporting the determination
  • Conclusions regarding the application of this Policy to the facts
  • With respect to each allegation, a statement of the determination of responsibility, any disciplinary sanctions imposed, and whether any restorative remedies will be provided to the Complainant; and
  • A description of the process and permissible bases for either the Complainant or the Respondent to appeal.
• Either the Respondent “if responsible” or the Complainant may commence an appeal by following the procedures described in the paragraphs titled “Appeals Process” below. In the event an appeal is requested, the Committee’s decision will be protected from public release by the College until the Appeals Process is complete and final, unless the law requires otherwise. However, the parties involved may choose whether or not to discuss or disclose the outcome of the Hearing.
• If a party does not commence an appeal within 10 days from receiving written notification of the Hearing Committee’s decision, then the Committee’s decision will be final.

Withdrawal During Pendency of Sexual Misconduct Proceedings

Should a charged student withdraw or be withdrawn from the College during the pendency of Sexual Misconduct Resolution Proceedings, such withdrawal will be treated as a forfeiture of the process. In such cases, the Campus Director or designee will consider the evidence regarding the alleged violation(s), render a decision on whether the student violated the Sexual Misconduct Policy, and issue any sanctions deemed necessary. The decision of the Campus Director or designee will be final, with no right of appeal.

Appeals Process

Any Respondent found “responsible” by a Sexual Misconduct Hearing Committee and any Complainant following a dismissal or finding of “not responsible” may appeal the Committee’s decisions, including its determination of responsibility and/or the consequences and/or sanctions imposed. 

Any party seeking an appeal of the Committee’s decision(s) (“Appellant”) must submit a written request for an appeal to the Title IX Coordinator within 10 days of receiving written notification of the Committee’s decision. The written request for appeal must include a brief statement of the basis of the appeal. Permissible bases for appeal are:

• A procedural irregularity that affected the outcome of the matter
• New evidence that was not reasonably available at the time the Committee made the determination regarding responsibility or dismissal, which could affect the outcome of the matter
• The Title IX Coordinator, investigator (if different than the Title IX Coordinator), or a member of the Sexual Misconduct Committee had a conflict of interest or bias for or against complainants or respondents, in general, or the individual Complainant or Respondent specifically that affected the outcome of the matter
• The burden of proof was met or was not met but the Committee concluded otherwise
• The Appellant objects to the Sexual Misconduct Hearing Committee’s determination of responsibility, the imposed consequences/sanctions, or both

Upon receiving the Appellant’s written request for appeal, the Title IX Coordinator will schedule the date for an Appeal Hearing at a campus location or virtually within 10 days of receipt of the appeal. The Appeal Hearing will be held no later than 30 days from the date the Appeal request was received. Upon scheduling the Appeal Hearing, the Title IX Coordinator will provide written notification of the location, date, and time to both the Appellant and the other party.

The Appeal Hearing will be conducted in a fair, impartial, and thorough manner. The Appeal Hearing will be presided over by a panel of impartial individuals selected by the Title IX Coordinator. The Title IX Coordinator, any individual who served on the Sexual Misconduct Hearing Committee or the investigator (if different than the Title IX Coordinator) may not serve on the Appeal Hearing panel. In addition, no member of the Appeal Hearing panel may have a conflict of interest or bias for or against Complainants or Respondents, in general, or the Complainant or Respondent specifically. When such an appeal is submitted, the non-appealing party will be notified in writing of the appeal and these procedures will be applied equally to both parties. Both parties will be given the opportunity to submit a written statement in support of or challenging the outcome of the Committee’s determination before the Appeal Hearing. Such written statements must be submitted no later than 10 days before the Appeal Hearing.

The Appeal Hearing panel will hear all arguments presented in regard to whether the Committee’s decisions were appropriate. After all arguments have been presented, the Appeal Hearing panel will render a written decision on the appealed issues and, if appropriate, impose revised consequences/sanctions on a party. Within 10 days of the Appeal Hearing, the parties will simultaneously be sent written notification of the Appeal Hearing panel’s decision and the rationale for such decision. The Appeal Hearing panel’s decisions are final and are not subject to further appeal.

Timeframes

Any of the deadlines in this policy may be extended upon the showing of good cause. When considering whether to grant an extension, the absence of a party, a party’s advisor, or a witness, concurrent law enforcement activity, or the need for language assistance, or accommodation of disabilities will be considered. Where extensions are granted, the Complainant and Respondent will be provided written notice of the extension or delay and the reasons for the action.

Possible Sanctions

The following possible sanctions may be imposed as a result of a Sexual Misconduct Hearing and/or an Appeal Hearing. In addition, if at any point (whether during or prior to any such hearing) the presence of a student or College associate on campus creates a threat to the health, safety, and/or well-being of other students or other members of the College community, the College reserves the right to immediately remove that individual from campus until the time of the Sexual Misconduct Hearing and/or Appeal Hearing as discussed in Section 6 above. 

The following list of the range of possible consequences/sanctions is not exhaustive, and these consequences/sanctions may be imposed singularly or in any combination. Different and/or additional consequences or sanctions may be imposed by a Sexual Misconduct Hearing Committee and/or Appeal Hearing panel as deemed appropriate. Pursuant to individual state law, all parties involved - both the Complainant and the Respondent - will receive written notice of any imposed consequences/sanctions and the rationale in support of such consequences/sanctions.

• No Consequences/Sanctions. Where the Sexual Misconduct Hearing Committee (and/or the Appeal Hearing panel, in the event an appeal is sought) determines that a Respondent is “not responsible”, the Sexual Misconduct t charges against the Respondent will be dismissed and the Respondent’s name will be cleared.
• Written Warning. A notice in writing that the Respondent is violating or has violated institutional regulations.
• Probation. A written reprimand for violation of specified regulations which places the Respondent in a probationary status for a designated period of time.  Violation of any College rules or policies during a probationary period may result in the imposition of additional and/or more severe disciplinary sanctions.
• Discretionary Sanctions. Work assignments, essays, or other discretionary assignments.
• Loss of Privileges. Denial of specified privileges for a designated period of time.
• Restitution. Financial reimbursement for damages to property.
• Community Service. A stated number of hours, set in writing, of donated service.
• Permanent No Contact’ Order. A permanent “no contact” order (effective for the duration of the student’s enrollment at the College or the College associate’s employment) requiring the Respondent found “responsible” to stay away from the Complainant against whom he/she has committed misconduct. This may be imposed in addition to any interim “no contact” order already issued.
• Residence Hall Suspension. Separation of a Respondent student from the residence halls for a defined period of time, after which the Respondent student is eligible to return. Conditions for readmission may be specified.
• Residence Hall Expulsion. Permanent separate of the Respondent student from the residence halls.
• College Suspension. Separation of the Respondent student from the College for a definition period of time, after which the student is eligible to return. Conditions for readmission may be specified. This sanction automatically results in a Transcript Notation sanction.
• Disciplinary Dismissal or Expulsion from the College. Permanent termination of status as a student or associate of the College. This sanction, if imposed on a student, automatically results in a Transcript Notation sanction.
• Transcript Notation.  For crimes of violence carried out by a Respondent student, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S. C. 1092(f)(1)(i)(l) -(viii), Bryant & Stratton will make a notation on the  transcript of students found responsible after a disciplinary hearing that they were  “Suspended after a finding of responsibility for a Code of Conduct violation” or “Expelled after a finding of responsibility for a Code of Conduct violation,” as appropriate.  For a Respondent who withdraws from the College while such charges are pending, and declines to complete the disciplinary process, Bryant & Stratton will make a notation stating, “Withdrew with conduct charges pending.”  Transcript notations regarding expulsion, suspension and withdrawal shall be permanent.  Suspended Respondent students may appeal such notation and seek its removal after one year after conclusion of the suspension.  A Respondent student subjected to suspension or expulsion, and by extension subjected to an automatic transcript notation, may appeal this sanction by commencing the appeals process within the required timeframe (see paragraphs entitled “Appeals Process” above).  If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.
• Other consequences and/or sanctions as deemed appropriate by the Sexual Misconduct Hearing Committee and/or Appeal Hearing panel. 

Student Rights

The following rights are guaranteed to all Bryant & Stratton College students. Please read them carefully. If you have any questions, you can always ask your campus Title IX Coordinator. If you aren’t sure who your campus Title IX Coordinator is, a list of all campus Title IX Coordinators is provided in Section 7. The rights listed in the Student Bill of Rights will also be discussed with you and/or provided to you when you disclose or report an incident of sexual misconduct to any College associate, whether they are a Confidential Resource or an associate who cannot assure confidentiality but can assure privacy.

Student Bill of Rights

All students have the right to:

1. Make a report to local law enforcement and/or the State Police;
2. Have disclosures of sexual misconduct treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the Sexual Misconduct process and/or criminal justice process free from pressure by the College;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the victim or Complainant is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few College associates as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the College, any student, the accused and/or their friends, family, and acquaintances within the jurisdiction of the College;
9. Access to at least one level of appeal of a determination;
10. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or student conduct process of the College.
11. In instances of sex-based harassment not involving an associate, be accompanied by an advisor of choice who may assist and advise a reporting individual, or accused individual, throughout the Sexual Misconduct process, including during all meetings and hearings related to such process

Additional Rights

All reporting individuals are further advised of their right to:

• Notify College campus security, local law enforcement, and/or State Police;
• Have emergency access to a Title IX Coordinator or other College associates trained in interviewing victims of sexual assault who will be available upon the first instance of disclosure by the reporting individual to provide information regarding:
  • options to proceed
  • where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible
  • that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violates State criminal laws should be addressed to law enforcement or to the local district attorney
  • they are able to offer the reporting individual privacy and to inform the reporting individual of other reporting options
• Disclose confidentially the incident to a College associate, who may offer privacy and/or confidentiality in accordance with applicable laws, as appropriate, and who can assist in obtaining services and resources for reporting individuals;
• Disclose confidentially the incident and obtain services from the state or local government;
• File a report of sexual assault, domestic violence, dating violence, and/or stalking;
• have the right to consult the Title IX Coordinator and other appropriate College associate for information and assistance; and have the right to have reports investigated in accordance with College Policy, including the right that the reporting individual’s identity will remain private at all times if the reporting individuals wishes to maintain privacy;
• Disclose, if the accused is a College associate, the incident to the College’s Head of Human Resources and/or have the right to request that a College associate assist in reporting the incident to the Head of Human Resources;
• Receive assistance from College associates in initiating legal proceedings in family court or civil court;
• Withdraw a complaint or withdraw from involvement in the College student conduct process at any time.
• The right to request that Sexual Misconduct charges be filed against the accused in proceedings governed by the Sexual Misconduct procedures established by the College in this policy;

Recordkeeping

The College will maintain records of the following for seven years:

• Each investigation of alleged violations of this Policy including any determination regarding responsibility and any audio or audiovisual recording or transcript of a Sexual Misconduct Hearing;
• Disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant to restore or preserve equal access to the College’s programs and activities;
• Any appeal and the results of that appeal;
• Any informal resolution and the results of that informal resolution;
• All materials used to train Title IX Coordinators, investigators, Sexual Misconduct Hearing Committee members or members of Appeal Panels, and individuals who facilitate an informal resolution process.  These training materials will be made available on the College’s website;
• Supportive measures taken in response to a report or Formal Complaint alleging violation of this policy and the basis for the College’s conclusion that its response was not deliberately indifferent and how such measures were designed to restore or preserve equal access to the College’s program and activities;
• The reasons why supportive measures for a Complainant were not provided in cases where they were not provided and why the lack of such measures was not clearly unreasonable in light of the known circumstances.

Appendix A: Resources

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.         

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.

Medical facilities nearby the College’s campuses are listed below:

Individuals who have been subjected to sexual misconduct also often need other types of support. While the College’s on-campus resource is the Title IX Coordinator, there are various off-campus resources that can be used.

Bryant & Stratton College 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. 

Below is a list of on-campus and off-campus resources, 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.  Many more resources may be found 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. 

Below is a list of on-campus and off-campus resources, 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. 

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.

Facilities and Educational Services

See the College’s website 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 they have been informed of the College’s policy to maintain a drug-free campus/workplace as stated in the above “Notice to Students/Employees”; that they agree to abide by the terms of the above Notice; and that they agree 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, they 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 their stay of enrollment/employment. They are aware of the dangers of drug abuse and further understand that violation of this prohibition will subject them 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/official.html.

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 their 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 2024 semester is September 4, 2024 and for the Fall B 2024 semester (Online only) is October 30, 2024.

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.