Student Life

Policies and Procedures

Non-Discrimination Policy

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

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

• Section 504 of the Rehabilitation Act of 1973 (Section 504) and its regulations, which prohibit discrimination on the basis of disability. It is also the policy of Bryant & Stratton College to comply with the Americans with Disabilities Act of 1990 (ADA). Accordingly, Bryant & Stratton College does not discriminate on the basis of disability in admission or access to, or treatment or employment in, educational programs and activities. In addition, Bryant & Stratton College abides by its obligation to provide academic adjustments with auxiliary aids and services as are necessary for qualified students with disabilities as required by Section 504 and/or the ADA.
• Title IX of the Education Amendments of 1972 and its regulations, which prohibit discrimination on the basis of sex. 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.
• The Age Discrimination Act of 1975 and its regulations, which prohibit certain discrimination on the basis of age. Accordingly, Bryant & Stratton College does not illegally discriminate on the basis of age.

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

If the individual has a complaint regarding a matter related to discrimination on the basis of race, color, national origin, age, sex, perceived gender identity, disability, or religion, students may elect to use these grievance procedures.

Accommodations for Students with Disabilities

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

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

Students seeking accommodations must complete and submit a Request for Accommodation form for review by the campus ADA/504 Coordinator. A complete list of the ADA/504 coordinators can be found on the college website of www.bryantstratton.edu

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 Bryant & Stratton College including students of Online Education. 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 either on-campus or at school-related activities, including online activities, or that threatens the safety or well-being of the Bryant & Stratton College community regardless of the location of the conduct is subject to appropriate disciplinary action.

Policies and procedures related to sexual misconduct and other related offenses are outlined in separate Sexual Misconduct Policy Guides for New York State and Online Campuses and Outside of New York State Campuses. These documents are an addendum to this Student Code of Conduct, Grievance, and Dismissal Policy and Procedure.

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 the College’s information technology system. 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 the college premises 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 on the online environment such as online posting of defamatory content about the Bryant & Stratton community.
  • Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College-sponsored or supervised functions.
  • Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises including the Bryant & Stratton College online environment, or at functions sponsored by, or participated in by, the College or members of the academic 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 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, including the Bryant & Stratton online environment, or at functions sponsored or supervised by the College. This includes, but is not limited to:
    • Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens, harasses, intimidates, humiliates, or endangers any person regardless of the geographic location of such activity. This includes, but is not limited to, any violation of the College’s Non-Discrimination, Non-Harassment and Non-Retaliation policies and the above-listed conduct carried out in social media and other online environments.
    • Hazing that endangers the mental or physical health or safety of a student or other members of the College community, or the destruction or removal of public or private property, for the purpose of initiation, admission into, affiliation with, or a condition for continued membership in, group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
    • Bias related crimes where a member of the College community is singled out because of their perceived age, disability, or sexual orientation. Under the New York State Hate Crimes Act of 2000 (Section 485.05 of the NYS Penal Code), in addition to the criminal charges and the penalties a perpetrator must face for the “crime” element of a hate crime, the law allows for additional charges for the “hate” element as well. This significantly increase the crime the perpetrator is charged with as well as the penalties and time of imprisonment if convicted.
    • Causing or creating fire;
    • The illegal use, possession of, or tampering with safety measures or devices, including, but not limited to alarm systems, fire exit signs, emergency telephone systems, smoke or heat detectors, fire hoses, security systems, doors, etc.
    • Failing to conform to safety regulations, including, but not limited to falsely reporting or circulating a false report of an incident (e.g. bomb, fire, or other emergency), falsely reporting the use or possession of a firearm or explosive, or failing to evacuate facilities in a timely fashion in emergency situations or in response to fire alarms.
    • Smoking in any indoor College buildings except in private suites and rooms in the residence halls that are duly designated as “smoking” Smoking is also prohibited within thirty feet (30f) of exterior ventilation intake, within ten feet (10f) of College building entrances and open windows, and in all exterior stairwells.
    • 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 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.

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, ADA/Accommodations 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 under the Bryant & Stratton College Code of Student Conduct, Grievance, and Dismissal Policy.

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 except as expressly permitted by law.
• 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 following individuals have been identified by their Campus Director as the Grievance Coordinator/Judicial Officer at their campus. Unless otherwise noted, the Grievance Coordinator and Judicial Officer titles are interchangeable.

Retaliation Policy

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

Complaint Resolution

Disciplinary Procedures versus Grievance Procedures

Individuals with complaints regarding discrimination may have their concerns addressed in two different manners-a “grievance” or a “disciplinary “procedure. These are distinct procedures that serve different functions. The grievance procedure is used when a student has a complaint of discrimination, harassment, or some other offence against a member of the faculty or administration. However, these procedures do not apply in disputes about a grade assigned because a faculty member’s evaluation of the quality of a student’s work is final. Unless it is alleged that the determination of the grade resulted from unlawful discrimination. Moreover, these procedures do not apply to any matter inherent in the academic freedom of an instructor, such as, for example, in regard to the syllabus or contents of a course of instruction. Any student may initiate a grievance.

A disciplinary procedure, however, is initiated by the College’s Grievance Coordinator and is used when there is an allegation of misconduct by another student. While a student may report a matter that may lead to a disciplinary action, only the Grievance Coordinator may initiate one.

The resolution in a grievance can include a variety of remedies depending on the facts alleged, but it is only a disciplinary procedure that can result in student suspension or expulsion.

Claims of sexual misconduct (dating violence, domestic violence, sexual assault, or stalking), whether raised in the context of a grievance or a disciplinary procedure will be referred to the Title IX Coordinator who will investigate and hear the matter through the disciplinary process outlined in the College’s Sexual Misconduct Policies instead of these grievance procedures. Allegations of sexual misconduct are handled with special considerations for the alleged victim and the accused as detailed in the Sexual Misconduct Policies.

Student Disciplinary Procedure

This section describes the procedures that are followed when a Grievance Coordinator/Judicial Officer finds just cause to initiate a disciplinary proceeding resulting from an allegation of a student’s violation of the Code of Conduct or another application student conduct policy by a member of the faculty or the administration.

These procedures apply year-round regardless of whether an alleged code violation occurs on campus or off-campus, including Bryant & Stratton College online environment; to functions sponsored or supervised by the College; and to any conduct that threatens the safety or well-being of the Bryant & Stratton community regardless of the location of the conduct.

These procedures are not intended to provide constitutional due process to students as would be required to be provided by a public institution. Bryant & Stratton will attempt to resolve all disciplinary matters, promptly, fairly, and impartially. Students may expect full resolution to take at least one month and possibly longer depending on the circumstances. Any deadline set forth below may be extended for good cause with written notices to the Charged Student and the accusing student of the delay and the reason for the delay.

Filing a Disciplinary Complaint

Any member of the College community may submit a report alleging a student’s violation(s) of the Student Code of Conduct/Grievance Policy carried out by a member of the faculty or administration. Any report should be submitted as soon as possible after the event takes place, preferably within fourteen (14) days. The report should be prepared in writing and directed to the Grievance Coordinator, who will oversee the matter, unless otherwise noted. The Judicial Officer will then conduct an investigation of the allegations. The Grievance Coordinator may not have a conflict of interest or bias against the accuser or the accused student. If the Grievance Coordinator determines that the allegations can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Grievance Coordinator, the Grievance Coordinator will dismiss the matter with proper record of the parties’ consent. Such disposition shall be final and there shall be no subsequent proceedings. The Grievance Coordinator will provide timely notice of meetings at which the charged student or the accusing student, or both may be present. The charged student and the accusing student will have timely and equal access to information that will be used during any disciplinary hearing or any informal disciplinary meeting.

Charging Letter

If the charges are not admitted or cannot be disposed of by mutual consent and the Grievance Coordinator concludes that the allegations, if proven true, would justify disciplinary action, the Grievance Coordinator then carries out any additional investigation required and prepares a Charging Letter. If the accusing student alleges sexual harassment or sexual assault, the Grievance Coordinator should obtain the written consent of the accusing student to identify him or her to the accused student. The Charging Letter informs the Charged Student of the allegations against him or her and the nature of the evidence of the allegations including the name of the accusing student. The Charging Letter must also contain:

• The provision(s) of the Code of Conduct alleged to be violated;
• The date, time, location, and factual allegations concerning the alleged violation;
• The sanctions possible if the accused if found to have violated the provision of the Code of Conduct sited;
• The date by which the Charged Student may respond in writing to the charges against him or her;
• The date by which the Charged Student must notify the Code of Conduct Committee of his or her desire for a hearing. (This may be the same date as the student’s written response is due should the student opt to submit a response).
  • Notice that any such written response should be sent to the Code of Conduct Committee which will be considering the evidence and conducting the hearing;
  • Notice that a decision that the Student Code of Conduct was violated or the failure of the Charged Student to respond (by submission of a written response and/or by participation at a hearing) could result in adverse action against the Charged Student up to and including expulsion; and
  • Notice that should the Charged Student request a hearing, he or she will be required no later than three (3) calendar days before the hearing to deliver to the Committee a copy of all documents, other evidence, and the name and addresses of the witnesses it wishes to present at the hearing.

Such Charging Letter should be delivered to the Charged Student in a manner that requires the Charged Student to acknowledge receipt, such as certified mail or e-mail, return receipt requested or hand delivery with a signed receipt. The Charging Letter will give the Charged Student 10 (ten) calendar days to submit a written response to the allegations in the letter unless the Grievance Coordinator determines that circumstances warrant a shorter or longer period of time. A Charged Student who fails to timely submit a response or timely request a hearing will be deemed to have waived the response or hearing and the Committee will respond without the response and/or hearing.

Code of Conduct Committee Process

Upon issuance by the Grievance Coordinator of a Charging Letter, the Campus Director will promptly appoint one or three individual to a Code of Conduct Committee to investigate the validity of the allegations. The Code of Committee will include individuals who have no prior involvement with the subject matter of the charge(s) or persons involved in the Charge. Where feasible, the Code of Conduct Committee will be comprised of a campus administrator, a faculty member, and a student adviser employed by the College who is not advising the person who filed the Charge or the Charged Student. The campus administrator appointed to the Committee will serve as the Chair.

The Code of Conduct Committee’s first order of business is to identify factual disputes between and among the parties (the Grievance Coordinator and the Charged Student) and witnesses, including the accuser. Committee members should remain neutral as the evidence is gather and presented. In carrying out this duty, the Code of Conduct Committee will review the Charge, the Charging Letter, and gather additional evidence, including but not limited to, germane documents and written statements of witnesses. In addition, the Committee may, in its discretion, interview the accuser, the accused student, and any witnesses it believes may have relevant information. The Committee may collect statements from any or all of these parties.

Any time after the Campus Director is notified of a possible Code of Conduct violation, he or she has the discretion to impose an interim suspension on the Charged Student. An interim suspension is the removal of a Charged Student from class, the campus (including the Bryant & Stratton online environment), or school-related activities.

Interim suspension may be imposed only: 1) to ensure the safety and well-being of members of the College community or preservation of College property; 2) to ensure the student’s own physical or emotional safety and well-being; or 3) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.

During the interim suspension, a student shall be denied access to the residence halls and/or campus (including campus-based and online classes) and/or all other College activities or privileges the Campus Director determines to be appropriate. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Code of Conduct Committee hearing, if required. The Campus Director should notify the Charged Student in writing of this action and the reasons for the interim suspension. The notice should include the time, date, and place of a meeting with the Campus Director at which the student may show cause why his or her continued presence on the campus does not constitute a threat.

Regardless of whether the Charged Student is given an interim suspension, the Committee will continue its review and when it has completed such review, the Code of Conduct Committee will send the Charged Student with a Notice of Hearing that includes the date, time, and location of the hearing. The Committee should attempt to schedule a hearing date no later than fourteen (14) calendar days after receipt of the Charging Letter from the Grievance Coordinator.

Unless the Chair of the Code of Conduct Committee designates another date, no later than fourteen (14) calendar days before the hearing, each party will deliver to the Committee and to each other a copy of all documents, other evidence, and the name and addresses of the witnesses it wishes to present at the hearing. The witness list must also contain a summary of the testimony the witness is expected to present and indicate whether the party presenting the list wishes to cross-examine the witnesses of the other party. Absent unusual circumstances, cross-examination of parties where sexual harassment or assault is alleged will not be permitted. The Committee’s decision on whether cross-examination will be permitted will be final.

Both the Charged Student and the Grievance Coordinator may present witnesses with information relevant to the charges. In addition, the Code of Conduct Committee may call additional witnesses it believes would aid in the resolution of the matter. If it decides to call additional witnesses, it will notify the parties no later than five (5) calendar days before the hearing of the names of those witnesses. The Code of Conduct Committee will ensure the orderly presentation of witnesses and evidence and will have the authority to determine the admissibility of testimony and other evidence. In addition, Committee members may ask questions of any of the witnesses.

The hearing will be closed to the public. The hearing may be held by teleconference. At the hearing, both the Charged Student and Grievance Coordinator will each have an opportunity to make a brief opening statement. The entire hearing will be audio recorded and such recording will be preserved and maintained for at least five (5) years. In cases involving more than one charged student, the Code of Conduct Committee will decide whether the hearing is to be conducted separately or jointly. If the Charged Student, with notice, does not appear before a Code of Conduct hearing, the information in support of the charges shall be presented and considered in the absence of the Charged Student. Except in cases of alleged dating violence, domestic violence, sexual assault, or stalking, as outlined in the Sexual Misconduct Policies, a charged student does not have the right to counsel at the hearing but may have his or her counsel submit a brief for the review of the Code of Conduct Committee before the hearing.

If the Code of Conduct Committee has decided to permit cross-examination, each party will be given an opportunity to cross-examine the witnesses of the other party and of any witnesses presented by the Committee. Each party will be entitled to present a brief opening statement. The Grievance Coordinator has the burden of production and of persuading the Committee that there exists substantial evidence that the Charges in his or her Charging Letter constitute a violation of the Code of Conduct and that they did in fact take place. Formal rules of process, procedure, and technical rules of evidence, are not used in Code of Conduct hearings.

The Code of Conduct Committee may accommodate concerns for the personal safety, well-being, or fears of confrontation of any witness or the Charged Student during the hearing by providing separate facilities, using a visual screen, or permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, as determined in the sole discretion of the Committee.

Upon conclusion of the hearing, the Code of Conduct Committee will meet in a closed session to deliberate based solely on the evidence presented at the hearing and charges contained in the Charging Letter. The closed session will not be recorded. A decision will be reached on a majority vote in cases where there are three persons on the Committee and in cases where there is a single person on the Committee, he or she will be the sole decision maker.

Upon reaching its decision, absent exigent circumstances, the Code of Conduct Committee will, no later than twenty (20) calendar days after conclusion of the hearing, notify both parties in writing of its determination. The determination should include a written statement detailing the factual findings supporting the determination and the rationale for any sanction imposed. The determination should be sent within ten (10) calendar days after the conclusion of the hearing unless it is impracticable to do so and it must include the date of determination and date any sanctions go into effect. The decision will be delivered to the Charged Student in a manner that requires the Charged Student to acknowledge receipt, such as certified mail or e-mail, return receipt requested or hand delivery with a signed receipt. The Committee may 1) Dismiss the case for insufficient evidence; 2) find that no violation of the Code of Conduct occurred; or 3) find that a violation did occur. If the Code of Conduct Committee concludes that no violation occurred, it will so state in its written decision together with its Findings of Fact with the evidence upon which it relied. The Charged Student’s permanent record will be expunged of reference to the matter if the Committee finds no violation.

If the Committee decides that substantial evidence exists to support a conclusion that the student violated the Code of Conduct, its decision will so state and will include an identification of the provision(s) violated by the Charged Student, Findings of Fact with the evidence upon which it relied, a Conclusion, and the sanction it will impose for the violation.

Sanctions

In determining the appropriate sanction, the Committee will consider the nature and seriousness of the offense, extenuating circumstances, and prior violations. 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
• Residence Hall Suspension - Separation of the student from the residence halls for a definite period, after which the student is eligible to return. Conditions for readmission may by specified.
• Residence Hall Expulsion - Permanent separation of the student from the residence hall.
• 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 - Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violations of College standards in obtaining a degree, or for other serious violations committed by a student prior to graduation.
• Withholding Degree - The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.

More than one of the sanctions listed above may be imposed for any single violation.

Appeals Process

The Charged Student and the victim or other reporting individual have the right to appeal the decision to the Campus Director by submitting a written Appeal Letter within ten (10) business days of receiving the Code of Conduct Committee’s decision. The Appeal Letter must provide a complete explanation of the basis for the appeal with reference to the evidence presented to the Code of Conduct Committee. The Charged Student may not rely on evidence not presented at the hearing in the appeal.

Except as stated below, the Campus Director will base his or her decision solely on the evidence presented to the Code of Conduct Committee. In considering the appeal, the Campus Director will consider whether the Code of Conduct Committee hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.

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

• Whether the decision reached regarding the Charged Student was based on substantial evidence, that is, whether the evidence presented at the hearing was evidence that a reasonable mind could accept as adequate to support the conclusion that a violation of the Student Code of Conduct occurred.
• Whether the sanction(s) imposed were appropriate for the violation of the Student Code Conduct that the student was found to have committed. In considering this, the Campus Director may conclude that the sanction was appropriate, inappropriately excessive, or inappropriately lenient. In cases where the Campus Director concludes that the sanction was inappropriate, he or she may impose a different sanction but not a more severe sanction except as outlined below.

The Campus Director may consider new information not presented at the hearing only when such information is sufficient to alter a decision and where such information was not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the Code of Conduct Committee hearing. Where the Campus Director considered new information on appeal, he or she may impose either a lesser of more severe sanction as the new information warrants.

If an appeal is upheld by the Campus Director, the Campus Director will issue his or her revised decision and revised sanction if necessary. The Campus Director may conclude that additional fact finding is necessary in which case he or she will return the matter to the original Code of Conduct Committee and Grievance Coordinator for re-opening of the Code of Conduct hearing in accordance with the Director’s instructions.

If an appeal is not upheld, the matter shall be considered final and binding upon all involved.

The appeals decision will be provided to the accused and the victim or reporting individual and will include findings of fact, the decision and the sanction, if any, as well as the rationale for the decision and sanction. In all cases of appeal, rights afforded to either the accused or victim or reporting individual will be afforded to the other party.

Changes to Determination

Should the appeal result in changes to the determination or sanctions, the Code of Conduct Committee will provide simultaneous notification to both parties of any such changes,

Grievance Procedures

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

• Discrimination or harassment based on sex, perceived gender identity, race, color, national origin, age, religion, or disability;
• Denial in whole or in part of a requested service, accommodation, or modification of a Bryant & Stratton College practice or requirement that was requested due to a disability;
• Inability to access a Bryant & Stratton College program or activity due to a disability; or
• Other non-academic grievances, e.g. refund dispute, etc.

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

Formal Grievance

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

A formal grievance is initiated by submitting a written complaint within 30 calendar days of the event complained of to the Grievance Coordinator who will then investigate the complaint. [NOTE: If the Grievance Coordinator is the subject of the complaint, the complaint should be submitted to the Campus Director who will designate a substitute to conduct the investigation and serves as the Grievance Coordinator]. The 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 Staff Council on Higher Education for Virginia as a last resort.

Grievance Coordinator

Each Bryant & Stratton College campus has a Grievance Coordinator whose responsibility is to administrator these procedures. The Grievance Contact Directory for all Grievance Coordinators at each campus is available at https://www.bryantstratton.edu/pdf/BSC_Grievance_Contact_Directory_2019.pdf

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

Informal Resolution

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

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

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

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.

Sexual Misconduct Policy

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

The College seeks to create a climate free from sexual misconduct. In response to any report that a member of the Bryant & Stratton College community has engaged in sexual misconduct, the College will take all appropriate steps to eliminate the misconduct, prevent it recurrence and address its effects. These steps are set forth in the Bryant & Stratton Sexual Misconduct Policies for its New York State Locations, Outside of New York State Locations and Online Education.

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

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

These policies describe Bryant & Stratton College’s position, policies, and procedures regarding incidents of sexual misconduct affecting students attending the College’s physical locations and online. Some of the language used in this document is explicit and some people may find it uncomfortable, but it is important that we properly define certain terms so that the meaning is clear.

Sexual Misconduct Policy-New York State Campuses and Online Education

Statement of Purpose

Bryant & Stratton College is committed to promoting a learning and working environment where all members of the College community feel safe and respected. Acts of sexual misconduct, including but not limited to crimes of dating violence, domestic violence, sexual assault and stalking are contrary to the College’s educational mission and values, are harmful to others, and will not be tolerated by Bryant & Stratton College. This policy prohibits sexual violence, sexual harassment, sexual misconduct, and other related offenses in all College programs and activities. Conduct prohibited by this policy may also violate federal and/or New York State laws enforced through the criminal justice system. Individuals are free to pursue action under this policy and through the criminal justice system simultaneously. The College takes seriously all reports of sexual misconduct and promises to promptly and fairly respond to all reports of misconduct in a manner intended to eliminate the misconduct, prevent its recurrence, and address its impact on affected individuals and the College community. All College proceedings conducted in regard to alleged violations of this policy will be done so in a timely and equitable process that provides adequate notice and a meaningful opportunity for all parties to be heard.

Scope of this Policy

This policy intends to address conduct prohibited under federal laws, including Title IX, the Clery Act, and the Violence Against Women Act, as well as under New York State law, specifically its “Enough Is Enough” law (Education Law 129-B). This policy applies to all College community members-including students, faculty, staff, other employees, and independent contractors-attending, working, or otherwise interacting with the College’s New York State campuses (Albany, Henrietta, Greece, Syracuse, Syracuse North, Buffalo, Amherst, and Southtowns). The College will receive and address reports received from any individual, whether or not he/she is affiliated with Bryant & Stratton College, that a College community member has violated this policy. Vendors, contractors, visitors, and others who conduct business with the College or on College property are likewise expected to comply with this policy. The prohibitions and protections in this policy apply regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction. The prohibitions and protections in this policy apply regardless of whether the violation occurs on campus or off campus. Members of the College community who commit acts of sexual misconduct will be disciplined appropriately and pursuant to College policy. This policy describes protections specifically for students who are subjected to sexual misconduct as well as disciplinary procedures specifically relevant to students who commit sexual misconduct. The actions the College is empowered to take against an individual who commits sexual misconduct may vary or be limited when that individual is not a member of the College community; however, whenever a member of the College community is subjected to sexual misconduct, regardless of the status of the individual who committed it, the College will continue to provide support, resources, and protection to the affected community member. At all times, Bryant & Stratton College will cooperate with and assist in law enforcement investigations whenever appropriate and requested to do so.

Terminology and Definitions

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

The following terms are used throughout this policy and may be heard during conversations with College associates and/or during student conduct proceedings. Due to the sensitive and sometimes violent nature of incidents involving sexual misconduct, the following definitions are provided for informational use by students and for guidance in the investigation and processing of alleged violations. It is possible that a particular action may constitute sexual misconduct even if not specifically mentioned in these definitions.

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

Sexual Activity

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

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

Sexual Misconduct

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 don’t 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:

• Sexual Assault
  • Unwanted sexual activity and/or unwanted sexual contact that has not been Affirmatively Consented to by one or more of the participants, as defined in this section, including but not limited to:
    • Rape (as defined in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program and listed in C.F.R. §668.46)
    • The penetration, no matter how slight, of a person’s vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• 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.
• Fondling
  • Touching the private body parts of another person, without that person’s consent, for the purpose of sexual gratification.
  • Incest
  • Sexual 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.
• 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.
• Stalking
  • Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of others, or would cause a reasonable person to suffer substantial emotional distress.
• Domestic Violence
  • A felony or misdemeanor crime of violence, including but limited to acts of sexual violence, sexual abuse, physical abuse, or the threat of any such abuse, committed by:
    • A current or former spouse.
    • A person with whom you share a child in common.
    • A person with whom you live or have lived as a spouse or
    • 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 in which the crime of violence occurred.
  • Including acts of sexual violence, sexual abuse, physical abuse, the threat of any such abuse
• Dating Violence
  • Violence committed by a person who has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with the consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relations.
• Gender-based Harassment
  • Unwelcome conduct of a non-sexual nature based upon a person’s actual or perceived sex, including conduct based on gender identity, gender expression, and non-conformity with gender stereotypes.
• 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.
• Sexual Harassment
  • Unwelcome conduct of a sexual nature that is sufficiently severe, persistent, or pervasive as to limit a student’s ability to participate in or benefit from an education program or as to create a hostile or abusive educational environment, including but not limited to:
    • Unwelcome sexual flirtations or propositions for sexual activity
    • Unwelcome demands for our suggestions of sexual favors, including but not limited to repeated unwelcome requests for dates.
  • Sexual Exploitation
    • 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
    • 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.
  • Sex Discrimination and/or Gender Discrimination
    • Treating an individual unfavorably or adversely based upon that individual’s sex and/or gender 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.
  • Other sexual violence
  • Other inappropriate behavior of a sexual nature

Retaliation

Taking adverse action against an individual for making a good faith report of prohibited behavior, for participating in any investigation or proceeding into such behavior, and/or otherwise cooperating with the College’s efforts to prevent and remediate sexual misconduct in its community, including but not limited to engaging in intimidation, threats, coercion, and/or adverse actions regarding education or employment.

• Retaliation does not exist where an individual pursue actions in good faith in response to a report of prohibited behavior, such as an accused individual offering evidence in his/her own defense.
• Retaliation may be committed by an accused individual, a reporting individual, or any other person or group of persons.
• Retaliation may exist event where an underlying report that was made in good faith was found to be unsubstantiated by evidence and/or the accused individual was determined to be ‘not responsible’.

Affirmative Consent

In assessing whether alleged sexual activity was consensual, Bryant & Stratton College will require that the consent be affirmative to consider it consensual. 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.

• Important 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.

Title IX Coordinator

Each location has a Title IX Coordinator. Each Title IX Coordinator is responsible for coordinating the College’s prevention of and response to sexual harassment and sexual violence, as well as for addressing any questions or inquiries regarding how Bryant & Stratton College applies federal Title IX law and regulations. 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).

• The Title IX Coordinator has many responsibilities as part of his/her job of ensuring the College complies with the law. The Title IX Coordinator has the primary responsibility for:
  • Receiving complaints regarding sexual misconduct;
  • Provide written notification to students and associates about on campus and community resources and support services including counseling, mental health, victim advocacy, legal assistance, visa and immigration assistance, and student financial aid.
  • Directing investigations into incidents of sexual misconduct;
  • Issuing written notification of protective measures;
  • Initiating student conduct charges against students who have committed sexual misconduct;
  • Ensuring the student conduct process is handled the right way;
  • Overseeing student compliance with consequences and sanctions imposed through the student conduct process;
  • Collecting statistics regarding the prevalence of sexual misconduct on campus;
  • Conducting annual surveys of the campus community regarding sexual misconduct; and
  • Overseeing education and training programs relating to sexual misconduct.
• The Title IX Coordinator is the person with whom you would file a formal report regarding sexual misconduct. You can also privately tell the Title IX Coordinator about incidents of sexual misconduct even if you do not want to file a formal report. You can also disclose those incidents to other College associates, if you prefer.
• All College associates-except those designated as confidential resources as described in this policy-are required to notify the Title IX Coordinator when a student discloses an incident of sexual misconduct to them so that the Title IX Coordinator can reach out to the student to offer help, support, and information about filing a formal report if the student desires to do so and in order to protect the safety of other people on campus. Those College associates would only provide the Title IX Coordinator with the necessary information, and the student’s privacy would be maintained at all times. More information about privacy is provided in the Terminology and Definitions Section.
• Other College associates are not required to notify the Title IX Coordinator when a student discloses an incident of sexual misconduct to them. These College associates are known as “confidential resources”. Each New York State campus has at least one confidential resource with whom students can speak with confidentially. More information about confidentiality and a list of the confidential resources for each campus is provided in Terminology and Definitions Section above. The Title IX Coordinator will maintain student privacy to the greatest extent possible, but is not a confidential resource, given the nature of their duties.

Confidentiality

Confidentiality can be offered by a College associate who is not required by law to report known incidents of sexual assault or other crimes to the College’s Title IX Coordinator or any other College associates. Each New York State location has at least one College associate who can offer complete confidentiality to persons who want to confidentially report an incident of sexual misconduct. These individuals are known as Confidential Resources. While Confidential Resources generally honor requests for confidentiality, it is important that reporting individuals understand that a request for confidentiality may limit the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s). Although rare, there are times when the Confidential Resource may not be able to honor requests for confidentiality in order to provide a safe, non-discriminatory environment for all students. In those circumstances, all information would still be treated with the utmost privacy.

The New York State Campus Title IX Coordinator for each location is as follows:

All of the campus Title IX Coordinators are supervised by the Campus Director (or his/her designee) at their local campus.

The Confidential Resource for each location is as follows:

• Examples of other individuals who can offer confidentiality:
  • Medical providers
  • Lawyers providing legal advice
  • Licensed mental health counselors, psychologists, and social workers
  • Pastoral counselors (e.g., priests and other clergy members)
  • Local rape crisis centers and other confidential community resources (see Resources, Support Services, and Protection for Victims Section located at www.bryantstratton.edu/pdf/NY_Sexual_ Misconduct_Policy.pdf) for a list of local community resources near your campus, or call the NYS Sexual Violence Hotline at 1-800-942-6906 (available 24/7/365) to be connected to your local rape crisis center.
• While these off-campus counselors and advocates may maintain a victim’s confidentiality by not informing the College, they may have other obligations under State law.
• As previously noted, when a victim speaks to a campus Confidential Resource or an off-campus individual offering confidentiality, the College may be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. In those circumstances, confidential counselors and advocates, including the campus Confidential Resource, will still assist the victim in receiving other necessary protections and support, such as victim advocacy services, academic support or campus accommodations, disability services, health or mental health services, and changes to living, working, or course schedules.
• At any time, a victim who initially requests confidentiality may also decide to file a formal disciplinary complaint with the school and/or report the incident to campus security, law enforcement, and/or State Police, and have the incident fully investigated.
• If the College determines that the alleged perpetrator(s) pose a serious and immediate threat to the College community, law enforcement may be called upon to issue a timely warning to the community. Any such warning would not include the victim’s name or any information that identifies the victim.

Privacy

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

Accused

• A person accused of sexual misconduct or another violation of this policy.

Bystander

• Bystander includes any person who witnesses or learns about sexual misconduct or another violation of this policy who is not themselves the victim or person subjected to the sexual misconduct.
• Bystanders are welcome and encouraged to report incidents of sexual misconduct that they have witnessed or learned about.
  • If your friend is a victim of sexual misconduct, please encourage them to reach out for help. A list of on-campus and off-campus resources available to victims can be found in the Resources, Support Services, and Protection for Victims Section in Section 6 of the Sexual Misconduct Policy Guide (New York State Locations) found at: www.bryantstratton.edu/pdf/NY_Sexual_Misconduct_Policy.pdf.

Reporting individual

• Reporting individual includes any person who is a victim, survivor, complainant, and other individuals who were subjected to sexual misconduct, and then report it.

Prohibited Behavior

Bryant & Stratton College is a place of academic learning, and its community members are expected to behave accordingly. The following behaviors are considered specific and serious violations of this policy. Violations of this policy can occur both on-campus and off-campus and may also include other unacceptable conduct not specifically listed below. Any possible or known violation of this policy may result in the College conducting an investigation; in certain instances, the College is obligated by federal and/or New York State law to conduct an investigation into these behaviors. Students believed to have committed prohibited behavior, including sexual misconduct, in violation of this policy may face student conduct charges, which can result in serious consequences, such as suspension or expulsion. For more information, see Disciplinary Process for Students who Commit Sexual Misconduct Section of this policy.

Prohibited Behavior:

• Sexual misconduct, including but not limited to:
  • Rape
  • Sexual assault
  • Sexual harassment
  • Stalking
  • Domestic violence
  • Dating violence
  • Unwanted sexual activity and/or contact
  • Fondling
  • Statutory rape
  • Gender-based harassment
  • Sex discrimination
  • Retaliation against someone who has made a complaint about sexual misconduct
  • Sexual exploitation
  • Sexual coercion
  • Other sexual violence
• Other sexually inappropriate behavior
• Attempting to commit sexual misconduct
• Aiding another person in committing sexual misconduct
• Knowingly violating an interim measure or sanction imposed by the College pursuant to this policy, such as a ‘no contact’ order, suspension, or other measures and/or sanctions deemed appropriate under the circumstances
• Knowingly filing a false report of any prohibited behavior

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

How to Report Incidents of Sexual Misconduct

In any instance of sexual misconduct, a student has the right to report the incident to the College, to campus security, to local law enforcement, to the State police, to any combination of these authorities, or to not report the incident at all.

Disclosing vs. Reporting

Sometimes students wish to tell someone about an incident of sexual misconduct but aren’t yet sure whether they wish to see official action taken against the individual who committed it. Students have the option to disclose (tell someone about) an incident without being obligated to file a formal report. Whether a student chooses to disclose or chooses to formally report an incident, the student has the right to be protected by the College from retaliation and the right to receive assistance and resources from the College.

The Title IX Coordinator is the person with whom a student would file a formal report regarding sexual misconduct, if the student wishes to do so. Upon receiving a formal report, the Title IX Coordinator begins an investigation into the incident and commences the student disciplinary process against the individual who committed the sexual misconduct, if that individual is a student of the College (or, if the individual is not a student, takes other appropriate action). The Title IX Coordinator will also offer the student assistance and resources.

Students can also make a formal report to the Title IX Coordinator even if they do not want an investigation to occur. Although the Title IX Coordinator is not a “confidential resource” in that same way as those Confidential Resources listed in the Terminology and Definitions Section of this policy, reporting an incident to the Title IX Coordinator while expressing one’s wish for no investigation to occur is known as a “confidential report” to the Title IX Coordinator. This is considered a “confidential report” in that the Title IX Coordinator will first ask the student’s permission before beginning an investigation and commencing the student disciplinary process. If the student declines to give permission, the Title IX Coordinator will honor the student’s decision and will not investigate the report, except in circumstances where failing to investigate would prevent the College from providing a safe and non-discriminatory environment for all members of the College community. In those cases, the student would not be obligated to participate in the investigation or the disciplinary process. Whatever the student decides, the Title IX Coordinator will still offer the student assistance and resources. More information about how to make this type of “confidential report” is provided in the Terminology and Definitions Section.

Disclosing to Someone Other than the Title IX Coordinator

Incidents can also be disclosed to College associates other than the Title IX Coordinator, if the student prefers to do so. Some College associates are required to notify the Title IX Coordinator when an incident of sexual misconduct is disclosed to them, in order to protect the safety of other people on campus and so that the Title IX Coordinator can reach out to the student to offer help, support, and information about filing a formal report if the student desires. While these College associates cannot offer true confidentiality, they promise not to disclose more information to the Title IX Coordinator than necessary. The information disclosed will be limited to only the information needed to conduct an investigation (if the student permits) and to ensure student safety. More information about privacy is provided in the Terminology and Definitions Section.

Other College associates are not required to notify the Title IX Coordinator when a student discloses an incident of sexual misconduct to them. These College associates are known as “Confidential Resources”. Each campus has one Confidential Resource with whom students can speak with confidentially. These College associates can help students obtain assistance and resources without sharing a student’s confidential information with anyone else. Speaking to a Confidential Resource will not result in a formal report being made. More information about confidentiality and a list of the Confidential Resources for each campus is provided in the Terminology and Definitions Section.

Students can also disclose incidents to non-College officials, such as a local rape crisis center or a mental health counselor. A list of some local rape crisis centers and other community resources is provided in the Resources, Support Services, and Protection for Victims Section found at www.bryantstratton.edu/pdf/NY_Sexual_Misconduct_Policy.pdf. You can also find local rape crisis centers and other community resources by dialing 2-1-1 or by calling the New York State Domestic and Sexual Violence Hotline (1-800-942-6906). These types of non-College officials provide confidentiality and can offer support and referrals to helpful services and resources. These persons are not affiliated with the College and have no obligation to notify the Title IX Coordinator about the incident.

Making a Formal Report Confidentially and/or Anonymously

In addition to the options described above in regard to privately or confidentially disclosing an incident of sexual misconduct, students also have several options for making a formal report. The Title IX Coordinator is the person with whom a student would file a formal report regarding sexual misconduct, if the student wishes to do so. Formal reports can be made to the Title IX Coordinator by:

• Making a report to the Title IX Coordinator in-person, via email, or via the online incident report form.
  • Your campus Title IX Coordinator’s phone number and email address can be found above.

The online incident report form can be accessed at: www.bryantstratton.edu/utilities/enoughisenough.

All reports of sexual misconduct made to all College associates will be handled with privacy. Students reporting instances of sexual misconduct- whether they are the victim, a friend, or a witness/bystander-can also make confidential and/or anonymous reports if they prefer to do so.

• Confidential reports can be made by telling the Title IX Coordinator that you do not want an investigation to occur, or by checking the boxed on the online incident report form labeled ‘I do not want an investigation to occur.
  • Important notes regarding “confidential reports”, whether made in-person or online:
• While this reporting method is known as a “confidential report”, due to the nature of their responsibilities, the Title IX Coordinator is not truly a “confidential resource” in the same way as the Confidential Resources listed in the Terminology and Definitions Section. As noted above, all information provided will be handled with the utmost privacy.
• When a reporting individual formally reports an incident of sexual misconduct but expresses that he/she does not wish for the College to conduct an investigation, the College will typically honor that request. However, sometimes the College will be obligated to weigh such a request against the College’s duty to ensure the safety of others on campus. Some of the factors the College may consider in weighing a request to not investigate may include: whether the accused individual has a history of violent behavior or is a repeat offender; whether the incident represents escalation in unlawful conduct by the accused individual; the increased risk that the accused individual will commit additional acts of violence; whether the accused individual used a weapon and/or force; whether the reporting individual is a minor; and whether the institution possesses other means to obtain evidence (e.g., security footage) and whether available information reveals a pattern of perpetration at a given location or by a particular group. If the College determines that it cannot maintain a victim’s confidentiality and that an investigation is necessary, the student who reported the incident will be notified in writing, prior to the start of an investigation and will, to the extent possible, only share information with the people responsible for handling the College’s response. The College will remain ever mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. Retaliation against the victim, whether by students or College employees, will not be tolerated.
• Anonymous reports can be made by not including your name or email address when submitting the online incident report form.
  • Important note regarding anonymous reports:
• Individuals who wish to anonymously report an incident should be aware that their anonymity may inhibit the College’s ability to conduct a full investigation of the incident, provide support, and/or update the student regarding actions taken.

Regardless of how a student chooses to make a report, the College may not require a victim to participate in any investigation or disciplinary proceeding.

In the event that sexual misconduct has been committed by a non-member of the College community (including an unknown person or stranger), students may still report the incident to the College and receive support and protection. For a list of on-campus and off-campus resources and support services near your campus, see the below and for an expanded list of resources by location, please refer to the Resources, Support Services, and Protection for Victims Section of the Sexual Misconduct Policy Guide (New York State Locations) found at www.bryantstratton.edu/pdf/ NY_Sexual_Misconduct_Policy.pdf.

Students also have the option to make a report to law enforcement, either in addition to or as an alternative to making a report to the College.

Make a report to law enforcement by Contacting the New York State Police at 1-844-845-7269 or by Contacting local law enforcement in your area

Local Law Enforcement

Albany
New York State Police, Troop G, 518-783-3207
City of Albany Police Department, 518-462-8015
Albany County Sheriff, 518-765-2352
City of Schenectady Police Department, 518-382-5201
Schenectady County Sheriff, 518-388-4300
City of Troy Police Department, 518-270-4446
Rensselaer County Sheriff, 518-462-7451

Buffalo
New York State Police, Troop A, 716-297-8730
City of Buffalo Police Department, 716-851-4471
Erie County Sheriff, 716-858-7608
New York State Police, Troop A, 716-297-8730

Amherst
Town of Amherst Police Department, 716-689-1351
Erie County Sheriff, 716-858-7608
New York State Police, Troop E, 716-689-1311

Greece
City of Rochester Police Department, 585-428-6720
Town of Greece Police Department, 585-865-9200
Monroe County Sheriff, 585-753-4177

Henrietta
New York State Police, Troop E, 585-398-4107
City of Rochester Police Department, 585-428-6720
Monroe County Sheriff, 585-753-4177
New York State Police, Troop G, 518-783-3207

Saratoga / Malta
City of Saratoga Springs Police Department, 518-584-1800
Village of Ballston Spa Police Department, 518-885-5033
Saratoga County Sheriff, 518-885-6761
New York State Police, Troop A, 716-297-8730

Southtowns
Town of Orchard Park Police Department, 716-662-6444
Erie County Sheriff, 716-858-7608
New York State Police, Troop A, 716-297-8730

Syracuse
City of Syracuse Police Department, 315-442-5250
Onondaga County Sheriff, 315-435-3044
New York State Police, Troop D, 315-366-6004

Syracuse North
City of Syracuse Police Department, 315-442-5250
Village of Liverpool Police Department, 315-457-0722
Village of North Syracuse Police Department, 315-458-9870
Onondaga County Sheriff, 315-435-3044

Amnesty Policy for Alcohol and/or Drug Use

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

Disclosures During Advocacy Events

Individuals occasionally disclose information regarding sexual misconduct during a public awareness and/or advocacy event, such as candlelight vigils, protests, survivor speak-outs, Clothesline Project events, Take Back the Night events, Day of Unity events, and other similar public events. These events typically serve the purpose of empowering survivors and raising awareness about issues related to sexual violence, as opposed to serving as a forum in which formal reports are made. Accordingly, the College is not obligated to begin an investigation based on information disclosed at these events, however any individual always remains free to file a report with the College if they choose to do so. The College may use information provided at such events to inform its efforts for additional education and prevention efforts regarding sexual misconduct and sexual violence.

Campus Alerts

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

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 New York State laws require the Title IX Coordinator to count the number of those reports for inclusion in the College’s Jeanne Clery Campus and Security Survey and inclusion in the College’s Annual Fire and Security Report. This is merely an anonymous tally-neither the identity of the reporting individual nor the specifics of the crime are included in these reports.

Resources, Support Services, and Protection for Victims

Bryant & Stratton College is committed to supporting victims and survivors of sexual misconduct and sexual violence, regardless of when, where, or who committed the acts in question. In this section, the College has collected information and resources that may be helpful. If there are other resources that you or a friend might need, the College encourages you to reach out to your campus Title IX Coordinator, who can help obtain those resources. If you aren’t sure who your campus Title IX Coordinator is, a list of all campus Title IX Coordinators is provided in Terminology and Definitions Section of this policy. If you are in immediate danger at any point, call 911!

Obtaining Immediate Medical Attention

If you have been the victim of rape, sexual assault, domestic violence, or dating violence and are in need of immediate medical attention, please call 911 and/or consider visiting a hospital, urgent care center, or medical provider. A list of emergency medical facilities and other medical providers near each campus can be found in the Resources, Support Services, and Protection for Victims Section of the Sexual Misconduct Policy Guide (New York State Locations) found at www.bryantstratton.edu/pdf/ NY_Sexual_Misconduct_Policy.pdf. New York State law requires that all hospitals in the State offer forensic rape examinations (sometimes also called ‘forensic sexual assault examinations’ or simply ‘rape kits’). Hospitals must notify the victim/survivor that they can choose to have the forensic rape exam and its related charges billed to the NYS Office of Victim Services at no cost to the victim/survivor. 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. For more information about what to do after an assault, 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 or visit the National Sexual Violence Resource Center website at www.nsvrc.org.

More information regarding forensic examinations and sexually transmitted infections, as well as other resources available through the New York State Office of Victim Services, 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 ovs.ny.gov/contact-us.

On-Campus and Off-Campus Resources and Support Services

Individuals who have been subjected to sexual misconduct also often need other types of support. Even if you think you are okay and that you don’t need help, the College encourages you to reach out to someone. The College’s on-campus resource is the Title IX Coordinator, listed above. In addition, there are various off-campus resources that you can use if you prefer not to seek help from on-campus resources. This list of on-campus and off-campus resources for each Bryant & Stratton College New York State campus, including counselors, advocates, and community resources can be found at www.bryantstratton.edu/pdf/NY_Sexual_ Misconduct_Policy.pdf. 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.

The above is only a brief listing of the resources available to you. You can find many more resources by dialing 2-1-1 for free, confidential help finding an extensive list of resources, including law enforcement and 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.

Protections and Campus Accommodations

In addition to the above on-campus and off-campus resources, the College is prepared to offer you certain protections and reasonable campus accommodations. Below is a list of protections and campus accommodations that may be available, if appropriate. To request any of the below protections and/or campus accommodations, please contact your campus Title IX Coordinator. Your Title IX Coordinator will then make the necessary arrangements, including coordinating with other campus offices as needed, in order to maintain your privacy. If you aren’t sure who your campus Title IX Coordinator is, a list of all campus Title IX Coordinators is provided above.

• Having the College issue a ‘no contact’ order against the individual
  • A ‘no contact’ order requires that if the accused, victim, or reporting individual observes each other in a public place, it will be the responsibility of the accused to leave area immediately and without directly contacting the reporting individual and/or victim. If necessary, the College may establish a schedule for the accused and the reporting individual to access College buildings and property at separate times. Violating the ‘no contact’ order could subject the accused to additional consequences and/or the involvement of law enforcement.
  • Both the accused and the victim will, upon request and consistent with these policies, be afforded a prompt review, reasonable under the circumstances of the need for and terms of the ‘no contact’ order, including potential modification and will be allowed to submit evidence in support of their his or her request.
• Assistance from College associates in obtaining an order of protection or restraining order from law enforcement against the accused individual.
  • Orders of protection and restraining orders are similar to ‘no contact’ orders, except that they are imposed by the local police, not by the College. If an accused individual violates an order or protection or restraining order, they could be arrested. The College reserves the right to impose consequences on accused individuals who violate orders of protection and restraining orders, such as imposing additional conduct charges and/or subjecting the accused to interim suspension.
• Assistance from College campus security in calling on and assisting law enforcement in effecting an arrest when the accused individual violates an order of protection
• When the accused individual or victim is a student determined to present a continuing threat to the health and safety of the community, to subject the accused or victim to interim suspension pending the outcome of the disciplinary process consistent with the law and the College’s policies and procedures. Both the accused or victim and the reporting individual shall, upon request and consistent with the College’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential medication, and shall be allowed to submit evidence in support of his or her request.
  • Determinations of whether a student poses a continuing threat to the health and safety of the College community are made by individuals at each campus. In making such determinations, these individuals act in good faith and takes into consideration:
    • Whether the accused individual has a history of violent behavior or is a repeat offender
    • Whether the reporting individual 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 reporting individual
    • Other relevant factors, such as whether the alleged behavior represents an escalation in behavior from past incidents, the possession and/or use of a weapon and/or force, whether the College possesses other means to obtain evidence (e.g. security footage), whether available information reveals a pattern of perpetration at a given location or by a particular group and whether alternatives to interim suspension are available.
  • When the threat posed implicates mental health issues, the student 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 or reporting individuals.
• 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, regardless of the students or associate’s decision to report an event to law enforcement.
• Other protections, services, and accommodations that may be appropriate

Disciplinary Process for Students who Commit Sexual Misconduct

When a student commits or is believed to have committed sexual misconduct- whether committed against another student, other member of the campus community, or non-member of the campus community-the student will likely face student conduct charges and be subjected to the College’s disciplinary process. All accused students are entitled to a presumption of ‘not responsible’ (not guilty), and all processes will be conducted in a fair, impartial, thorough, and timely manner. At all times, the burden of proof is on the College to establish that the alleged violation of this policy was committed by the student in question. The standard of evidence required in both the Student Conduct Hearing and in the Appeal Hearing, if one is sought, is a preponderance of evidence. ‘Preponderance of evidence’ means that the relevant Code of Conduct committee must decide in favor of the party that, as a whole, has the stronger evidence that the violation was or was not committed, however slight the edge over the other party’s evidence may be. ‘Preponderance of evidence’ is sometimes described as ‘more likely than not’ or ‘51% probability’. The evidence should be sufficient to incline a fair and impartial mind to one side of the issue over the other, but it is not necessary for that mind to be completely free from all reasonable doubt. ‘Preponderance of evidence’ is a different and lesser standard of evidence than that used in criminal proceedings; rather, it is the standard of evidence often used in civil court proceedings.

Student Conduct Committee Process

Reports of potential and actual violations of this policy, as listed and described in Prohibited Behavior Section above, will be processed as follows. All written notifications referenced below will be provided by College associates to students in a manner that requires the Charged Student to acknowledge receipt, such as certified mail or email, return receipt requested or hand delivery with a signed receipt.

• All submitted incident reports regarding incidents of sexual misconduct will be reviewed by the Title IX Coordinator.
• The Title IX Coordinator may not have a conflict of interest or bias against the accuser or the accused students and must appoint a designee if a conflict exists.
• If appropriate, the Title IX Coordinator (or his/her designee) will conduct an investigation into the incident reported. Students who have reported an incident of sexual misconduct-whether done so privately, confidentially, or anonymously-have the option of requesting that the College not conduct an investigation; however, under certain circumstances, the College may determine that an investigation is necessary to protect the health and safety of other students. When the College determines that an investigation is necessary, the student who submitted the incident report will be notified in writing. Students 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 with the student regarding actions taken.
• Any investigation conducted will be done so in a fair, impartial, thorough, and timely manner. If, upon investigation, it is determined that a student may have violated the policies described in this policy, the Title IX Coordinator will file student conduct charges against the student and schedule a Student Conduct Hearing on the alleged violation, to be held at a campus location and date determined by the Title IX Coordinator. The date selected by the Title IX Coordinator will be timely in that it will provide an accused student a reasonable amount of time to prepare for the Student Conduct Hearing while also not constituting an unreasonable delay in resolving the charges. When an alleged violation involves more than one student, or when more than one violation is alleged to have been committed by a student, the Title IX Coordinator may determine, in his/her discretion, to schedule separate Student Conduct Hearings.
• When the Title IX Coordinator files student conduct charges against a student, the Title IX Coordinator will promptly notify such student in writing of the facts of the allegations made against him/her, the specific College policy violation committed by the student if the alleged facts are determined to have occurred, the time and date on which the violation allegedly occurred, possible consequences and/or sanctions against the student for such violation, information regarding how the student can dispute the violation alleged (including the date, time, and location of a Student Conduct Hearing at which the student will be entitled to present evidence), and what (if any) temporary measures will be imposed upon the student while the Student Conduct Hearing is in progress (e.g., temporary suspension). Where the alleged violation involves sexual misconduct, the written notice will also notify the student of his/her right to be accompanied at the Student Conduct Hearing by an advisor of his/her choice.
• The Student Conduct Hearing will be conducted in a fair, impartial, and thorough manner. The Student Conduct Hearing will be presided over by a panel of impartial individuals selected by the Title IX Coordinator. The panel will hear all evidence presented on the alleged violation. During the Student Conduct Hearing, the accused student will have the opportunity to present evidence in his/her defense and to be accompanied by an advisor of his/her choice. Likewise, the individual who reported the incident and/or was subjected to the alleged sexual misconduct may, if he/she desires, also have the opportunity to present evidence of the incident and to be accompanied by an advisor of his/her choice.
• After all evidence has been presented in the Student Conduct Hearing, the panel will render a decision as to whether the accused student is ‘responsible’ (guilty) or ‘not responsible’ (not guilty) for the violation and will impose consequences and/or sanctions on an accused student found ‘responsible’, if appropriate. If the accused student fails to or declines to attend the Student Conduct Hearing, the Student Conduct Hearing will be held without the accused student present and the panel may reach a decision of ‘responsible’ and impose consequences and/or sanctions even in the accused student’s absence. A full and fair record of the Student Conduct Hearing will be preserved and maintained by the College for five years.
• The Student Conduct Hearing panel’s decision regarding the accused student’s responsibility and the imposed consequences/sanctions (if any), including the rationale in support of such consequences/sanctions, will be provided to the accused student in writing within five days of the Student Conduct Hearing. Likewise, the individual who reported the incident and/or was subjected to the alleged sexual misconduct will also receive a written copy of the same information on the same day as the accused student.
• In addition to the written notification of the panel’s decision and the imposed consequences/sanctions (if any), an accused student found ‘responsible’ will also receive written notice regarding his/her right to appeal the panel’s decision and/or imposed consequences/sanctions. Likewise, the individual who reported the incident and/or was subjected to the alleged sexual misconduct will also receive a written copy of the same information on the same day as the accused student.
• An accused student found ‘responsible’ may commence his/her appeal by following the procedures described in the paragraphs titled ‘Appeals Process’ below. An appeal may also be commenced by the individual who reported the incident and/or was subjected to the alleged sexual misconduct by following the same procedures. In the event an appeal is requested, the Student Conduct Hearing panel’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 students involved may choose whether or not to discuss or disclose the outcome of the Student Conduct Hearing.
• If a student does not commence an appeal within the required timeframe (i.e., ten business days from receiving written notification of the Student Conduct Hearing panel’s decision), then the Student Conduct Hearing panel’s decision will be final.

Appeals Process

Any student found ‘responsible’ by a Student Conduct Hearing panel may appeal the panel’s decisions, including its determination of responsibility and/or the consequences/sanctions imposed. An appeal may also be requested by the individual who reported the incident and/or was subjected to the alleged sexual misconduct.

If a student wishes to appeal the decision of the Student Conduct Hearing panel, whether in regard to its determination of responsibility or its imposed consequences/sanctions, the student must submit a written request for an appeal to the Title IX Coordinator within ten business days (i.e., weekdays) of receiving written notification of the panel’s decision. The written request for appeal must include a brief statement of whether the student objects to the Student Conduct Hearing panel’s determination of responsibility, the imposed consequences/sanctions, or both, as well as include a brief statement of the student’s argument(s) as to why the Student Conduct Hearing panel’s determination of responsibility and/or imposed consequences/sanctions were inappropriate. Upon receiving the student’s written request for appeal, the Title IX Coordinator will schedule an Appeal Hearing, to be held in a timely manner at a campus location and date determined by the Title IX Coordinator. Upon scheduling the Appeal Hearing, the Title IX Coordinator will provide written notification of the location, date, and time to the students involved. 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. No individual who served on the Student Conduct Hearing panel is allowed to serve on the Appeal Hearing panel. The panel will hear all arguments presented in regard to whether the Student Conduct Hearing panel’s decisions were appropriate. After all arguments have been presented, the Appeal Hearing panel will render a decision on the appealed issues and, if appropriate, impose revised consequences/sanctions on a student. Within five days of the Appeal Hearing, the students involved will receive 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.

Possible Sanctions

The following possible sanctions may be imposed as a result of a Student Conduct Hearing and/or an Appeal Hearing. In addition, if at any point (whether during or prior to any such hearing) a student’s presence 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 suspend that student from campus until the time of the Student Conduct Hearing and/or Appeal Hearing. The following list 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 Student Conduct Hearing panel and/or Appeal Hearing panel as the panel members may deem appropriate. Pursuant to New York State law, all students involved-both the accused and the victim-will receive written notice of any imposed consequences/sanctions and the rationale in support of such consequences/sanctions.

• No Consequences/Sanctions: Where the Student Conduct Hearing panel (and/or the Appeal Hearing panel, in the event an appeal is sought) determines that a student is ‘not responsible’, the student conduct charges against the student will be dismissed and the student’s name will be cleared.
• Written Warning: A notice in writing 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. 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) requiring the student found ‘responsible’ to stay away from the student 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 the student from the residence halls for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified.
• Residence Hall Expulsion: Permanent separate of the student from the residence halls.
• College Suspension: Separation of the 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 from the College (Expulsion): Permanent termination of status as a student of the College. This sanction automatically results in a Transcript Notation sanction.
• Transcript Notation: For crimes of violence, 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 charged student 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 students may appeal such notation and seek its removal after one year after conclusion of the suspension. A 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 Student Conduct Hearing panel and/or Appeal Hearing panel.

Student Rights

The following rights are guaranteed to students and associates by New York State’s “Enough Is Enough” law. 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 Terminology and Definitions Section. The rights listed in the Student Bill of Rights will also be discussed with you and/or provided to you in writing when you disclose or report an incident of sexual misconduct to any College associate, whether they are a confidential resource or an associate who can guarantee privacy.

Student Bill of Rights

All students and associates have the right to:

1. Make a report to local law enforcement and/or the State Police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the student conduct 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 reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
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. Be accompanied by an advisor of choice who may assist and advise a reporting individual, or accused individual, throughout the student conduct process, including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or student conduct process of the College.

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 and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible; to explain that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violates New York State criminal laws should be addressed to law enforcement or to the local district attorney; and to explain whether he/ she is able to offer the reporting individual confidentiality or privacy and to inform the reporting individual of other reporting options;
• Disclose confidentially the incident to 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 an employee of the College, the incident to the College’s Head of Human Resources and/or have the right to request that a confidential or private employee 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.

Bryant & Stratton College will ensure that every student is afforded the following rights:

• The right to request that student conduct charges be filed against the accused in proceedings governed by New York State’s “Enough Is Enough” law (Education Law 129-B) and the procedures established by the College in this policy;
• The right to a process in all student conduct cases where a student is accused of sexual assault, domestic violence, dating violence, stalking, or other sexual misconduct that violates this policy, that includes, at a minimum:
  • Notice describing the date, time, location, and factual allegations concerning the violation; reference to the specific policy provisions alleged to have been violated; and possible sanctions for the violation;
  • An opportunity to offer evidence during an investigation, and to present evidence and testimony at a student conduct hearing, where appropriate, and to have access to a full and fair record of any such hearing; and
  • Access to at least one level of appeal of a determination before a panel that is fair and impartial and does not include individuals with a conflict of interest.
• Throughout proceedings involving such an accusation, the right for both the reporting individual and the accused:
  • To be accompanied by an advisor of choice who may assist and advise throughout the student conduct process, including during all meetings and hearings related to the process;
  • To a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the accused (including the right to a presumption that the accused is ‘not responsible’ until a finding of responsibility is made pursuant to New York State’s “Enough Is Enough” law and the College’s policies described in this policy), and other issues including but not limited to domestic violence, dating violence, stalking, and sexual assault;
  • To an investigation and student conduct process that is fair, impartial, and provides a meaningful opportunity to be heard, and that is not conducted by individuals with a conflict of interest;
  • To have the College’s student conduct process run concurrently with a criminal justice investigation and proceeding, except where law enforcement requests a temporary delay in order to gather evidence;
  • To review and present relevant available evidence in the case file or otherwise in the possession or control of the College;
  • To exclude their own prior sexual history with persons other than the other party in the student conduct process and/or their own mental health diagnosis and treatment from admittance in the stage of College’s student conduct proceedings where responsibility is determined;
  • To receive written advance notice of:
    • Any meeting he/she is required or eligible to attend
    • Any specific rule or law alleged to have been violated and in what manner
    • The consequences and/or sanctions that may be imposed as a result of the student conduct process; and
    • The determination of the student conduct hearing panel and the rationale for any consequences/sanctions imposed;
  • To make an impact statement during the point of student conduct proceedings where appropriate consequences/sanctions are being determined;
  • To be informed of the possible consequences/sanctions that may be imposed upon the outcome of the student conduct process; to simultaneous written notification of the outcome of the student conduct process, including any consequences/sanctions actually imposed; and the rationale for the consequences/sanctions actually imposed;
  • To choose whether to disclose or discuss the outcome of the student conduct process; and
  • To have all information obtained during the course of the student conduct process be protected from public release until the student conduct appeals panel makes a final determination (unless federal and/or State law requires otherwise).

Sexual Misconduct Policy-Ohio, Virginia and Wisconsin Campuses

This policy describes Bryant & Stratton College’s position, policies, and procedures regarding incidents of sexual misconduct affecting students attending the College’s locations in Ohio, Virginia and Wisconsin. Some of the language used in this document is explicit and some people may find it uncomfortable, but it is important that we properly define certain terms so that the meaning is clear.

Statement of Purpose

Bryant & Stratton College is committed to promoting a learning and working environment where all members of the College community feel safe and respected. Acts of sexual misconduct, including but not limited to crimes of dating violence, domestic violence, sexual assault and stalking are contrary to the College’s educational mission and values, are harmful to others, and will not be tolerated by Bryant & Stratton College. This policy prohibits sexual violence, sexual harassment, sexual misconduct, and other related offenses in all College programs and activities. Conduct prohibited by this policy may also violate federal and/or State laws enforced through the criminal justice system. Individuals are free to pursue action under this policy and through the criminal justice system simultaneously. The College takes seriously all reports of sexual misconduct and promises to promptly and fairly respond to all reports of misconduct in a manner intended to eliminate the misconduct, prevent its recurrence, and address its impact on affected individuals and the College community. All College proceedings conducted in regard to alleged violations of this policy will be done so in a timely and equitable process that provides adequate notice and a meaningful opportunity for all parties to be heard.

Scope of this Policy

This policy intends to address conduct prohibited under federal laws, including Title IX, the Clery Act, and the Violence Against Women Act, as well as under State law. This policy applies to all College community members-including students, faculty, staff, other employees, and independent contractors-attending, working, or otherwise interacting with the College’s campuses outside of the State of New York and its Online Education (Ohio Campuses (Parma, Solon, Akron and Cleveland), Virginia Campuses (Richmond, Hampton and Virginia Beach), and Wisconsin Campuses (Milwaukee, Wauwatosa, Bayshore and Racine). The College will receive and address reports received from any individual, whether or not he/she is affiliated with Bryant & Stratton College, that a College community member has violated this policy. Vendors, contractors, visitors, and others who conduct business with the College or on College property are likewise expected to comply with this policy. The prohibitions and protections in this policy apply regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

The prohibitions and protections in this policy apply regardless of whether the violation occurs on campus or off campus. Members of the College community who commit acts of sexual misconduct will be disciplined appropriately and pursuant to College policy. This policy describes protections specifically for students who are subjected to sexual misconduct as well as disciplinary procedures specifically relevant to students who commit sexual misconduct. The actions the College is empowered to take against an individual who commits sexual misconduct may vary or be limited when that individual is not a member of the College community; however, whenever a member of the College community is subjected to sexual misconduct, regardless of the status of the individual who committed it, the College will continue to provide support, resources, and protection to the affected community member. At all times, Bryant & Stratton College will cooperate with and assist in law enforcement investigations whenever appropriate and requested to do so.

Terminology and Definitions

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

The following terms are used throughout this policy and may be heard during conversations with College associates and/or during student conduct proceedings. Due to the sensitive and sometimes violent nature of incidents involving sexual misconduct, the following definitions are provided for informational use by students and for guidance in the investigation and processing of alleged violations. It is possible that a particular action may constitute sexual misconduct even if not specifically mentioned in these definitions. If you have any questions about what these terms mean or whether they apply to certain situations, please feel free to talk to your campus Title IX Coordinator.

If you aren’t sure who your campus Title IX Coordinator is, a list of all campus Title IX Coordinators is provided in this section. Any questions about whether a specific incident violates our state’s criminal laws should be addressed to law enforcement or to the local district attorney.

Sexual Activity

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

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

Sexual Misconduct

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 don’t 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:

• Sexual assault, unwanted sexual activity, and/or unwanted sexual contact that has not been Affirmatively Consented to by one or more of the participants, as defined in this section, including but not limited to:
  • Rape (as defined in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program and listed in C.F.R. ˜668.46)
    • The penetration, no matter how slight, of a person’s vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • 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.
  • Fondling
    • Touching the private body parts of another person, without that person’s consent, for the purpose of sexual gratification.
  • Incest
    • Sexual 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.
• 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.
• Stalking
  • Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of others, or would cause a reasonable person to suffer substantial emotional distress.
• Domestic violence
  • A felony or misdemeanor crime of violence, including but limited to acts of sexual violence, sexual abuse, physical abuse, or the threat of any such abuse, committed by:
    • A current or former spouse,
    • A person with whom you share a child in common,
    • A person with whom you live or have lived as a spouse or intimate partner, or
    • 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 in which the crime of violence occurred.
  • Including acts of sexual violence, sexual abuse, physical abuse, the threat of any such abuse.
• Dating violence
  • Violence committed by a person who has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with the consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relations.
• Gender-based harassment
  • Unwelcome conduct of a non-sexual nature based upon a person’s actual or perceived sex, including conduct based on gender identity, gender expression, and non-conformity with gender stereotypes.
• 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.
• Sexual harassment
  • Unwelcome conduct of a sexual nature that is sufficiently severe, persistent, or pervasive as to limit a student’s ability to participate in or benefit from an education program or as to create a hostile or abusive educational environment, including but not limited to:
    • Unwelcome sexual flirtations or propositions for sexual activity
    • Unwelcome demands for our suggestions of sexual favors, including but not limited to repeated unwelcome requests for dates.
• Sexual exploitation . 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
  • 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.
• Sex discrimination and/or gender discrimination
  • Treating an individual unfavorably or adversely based upon that individual’s sex and/or gender 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.
• Other sexual violence
• Other inappropriate behavior of a sexual nature

Retaliation

Taking adverse action against an individual for making a good faith report of prohibited behavior, for participating in any investigation or proceeding into such behavior, and/or otherwise cooperating with the College’s efforts to prevent and remediate sexual misconduct in its community, including but not limited to engaging in intimidation, threats, coercion, and/or adverse actions regarding education or employment.

• Retaliation does not exist where an individual pursue actions in good faith in response to a report of prohibited behavior, such as an accused individual offering evidence in his/her own defense.
• Retaliation may be committed by an accused individual, a reporting individual, or any other person or group of persons.
• Retaliation may exist event where an underlying report that was made in good faith was found to be unsubstantiated by evidence and/or the accused individual was determined to be not responsible’.

Affirmative consent

In assessing whether alleged sexual activity was consensual, Bryant & Stratton College will require that the consent be affirmative to consider it consensual. 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.

• Important 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.

Title IX Coordinator

Each location has a Title IX Coordinator. Each Title IX Coordinator is responsible for coordinating the College’s prevention of and response to sexual harassment and sexual violence, as well as for addressing any questions or inquiries regarding how Bryant & Stratton College applies federal Title IX law and regulations.

• The Title IX Coordinator has many responsibilities as part of his/her job of ensuring the College complies with the law. The Title IX Coordinator has the primary responsibility for:
  • Receiving complaints regarding sexual misconduct;
  • Provide written notification to students and associates about on campus and community resources and support services including counseling, mental health, victim advocacy, legal assistance, visa and immigration assistance, and student financial aid;
  • Directing investigations into incidents of sexual misconduct;
  • Issuing written notification of protective measures; - Initiating student conduct charges against students who have committed sexual misconduct;
  • Ensuring the student conduct process is handled the right way; - Overseeing student compliance with consequences and sanctions imposed through the student conduct process;
  • Collecting statistics regarding the prevalence of sexual misconduct on campus;
  • Conducting annual surveys of the campus community regarding sexual misconduct; and
  • Overseeing education and training programs relating to sexual misconduct.
• The Title IX Coordinator is the person with whom you would file a formal report regarding sexual misconduct. You can also privately tell the Title IX Coordinator about incidents of sexual misconduct even if you do not want to file a formal report. You can also disclose those incidents to other College associates, if you prefer.
  • All College associates are required to notify the Title IX Coordinator when a student discloses an incident of sexual misconduct to them so that the Title IX Coordinator can reach out to the student to offer help, support, and information about filing a formal report if the student desires to do so and in order to protect the safety of other people on campus. Those College associates would only provide the Title IX Coordinator with the necessary information, and the student’s privacy would be maintained at all times. More information about privacy is provided in this section.

The Title IX Coordinator for each location is as follows:

All of the campus Title IX Coordinators are supervised by the Campus Director (or his/her designee) at their local campus.

Examples of individuals who can offer confidentiality:

• Medical providers
• Lawyers providing legal advice
• Licensed mental health counselors, psychologists, and social workers
• Pastoral counselors (e.g., priests and other clergy members)
• Local rape crisis centers and other confidential community resources can be found in the Annual Fire and Security Report at www.bryantstratton.edu/pdf/SecurityPolicies.pdf.
• While these off-campus counselors and advocates may maintain a victim’s confidentiality by not informing the College, they may have other obligations under State law.

• As noted above, when a victim speaks to an off-campus individual offering confidentiality, the College may be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. In those circumstances, confidential counselors and advocates will still assist the victim in receiving other necessary protections and support, such as victim advocacy services, academic support or campus accommodations, disability services, health or mental health services, and changes to living, working, or course schedules.
• At any time, a victim who initially requests confidentiality may also decide to file a formal disciplinary complaint with the school and/or report the incident to campus security, law enforcement, and/or State Police, and have the incident fully investigated.
• If the College determines that the alleged perpetrator(s) pose a serious and immediate threat to the College community, law enforcement may be called upon to issue a timely warning to the community. Any such warning would not include the victim’s name or any information that identifies the victim.

Privacy

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

Accused

• A person accused of sexual misconduct or another violation of this policy.

Bystander

• Bystander includes any person who witnesses or learns about sexual misconduct or another violation of this policy who is not themselves the victim or person subjected to the sexual misconduct.
• Bystanders are welcome and encouraged to report incidents of sexual misconduct that they have witnessed or learned about.
  • If your friend is a victim of sexual misconduct, please encourage them to reach out for help. A list of on-campus and off-campus resources available to victims can be found in this document and in the Annual Fire and Security Report at: www.bryantstratton.edu/pdf/SecurityPolicies.pdf.

Reporting individual

• Reporting individual includes any person who is a victim, survivor, complainant, and other individuals who were subjected to sexual misconduct, and then report it.

Prohibited Behavior

Bryant & Stratton College is a place of academic learning, and its community members are expected to behave accordingly. The following behaviors are considered specific and serious violations of this policy. Violations of this policy can occur both on-campus and off-campus and may also include other unacceptable conduct not specifically listed below. Any possible or known violation of this policy may result in the College conducting an investigation; in certain instances, the College is obligated by federal and/or State law to conduct an investigation into these behaviors. Students believed to have committed prohibited behavior, including sexual misconduct, in violation of this policy may face student conduct charges, which can result in serious consequences, such as suspension or expulsion. For more information, see Disciplinary Process for Students who Commit Sexual Misconduct Section of this policy.

Prohibited Behavior:

Sexual misconduct, including but not limited to:

• Rape
• Sexual assault
• Sexual harassment
• Stalking
• Domestic violence
• Dating violence
• Unwanted sexual activity and/or contact
• Fondling
• Statutory rape
• Gender-based harassment
• Sex discrimination
• Retaliation against someone who has made a complaint about sexual misconduct
• Sexual exploitation
• Sexual coercion
• Other sexual violence
• Other sexually inappropriate behavior

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

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

How to Report Incidents of Sexual Misconduct

In any instance of sexual misconduct, a student has the right to report the incident to the College, to campus security, to local law enforcement, to the State police, to any combination of these authorities, or to not report the incident at all.

Disclosing vs. Reporting

Sometimes students wish to tell someone about an incident of sexual misconduct but aren’t yet sure whether they wish to see official action taken against the individual who committed it. Students have the option to disclose (tell someone about) an incident without being obligated to file a formal report. Whether a student chooses to disclose or chooses to formally report an incident, the student has the right to be protected by the College from retaliation and the right to receive assistance and resources from the College.

The Title IX Coordinator is the person with whom a student would file a formal report regarding sexual misconduct, if the student wishes to do so. Upon receiving a formal report, the Title IX Coordinator begins an investigation into the incident and commences the student disciplinary process against the individual who committed the sexual misconduct, if that individual is a student of the College (or, if the individual is not a student, takes other appropriate action). The Title IX Coordinator will also offer the student assistance and resources.

Students can also make a formal report to the Title IX Coordinator even if they do not want an investigation to occur. Although the Title IX Coordinator is not a confidential resource, reporting an incident to the Title IX Coordinator while expressing one’s wish for no investigation to occur is known as a “confidential report” to the Title IX Coordinator. This is considered a “confidential report” in that the Title IX Coordinator will first ask the student’s permission before beginning an investigation and commencing the student disciplinary process. If the student declines to give permission, the Title IX Coordinator will honor the student’s decision and will not investigate the report, except in circumstances where failing to investigate would prevent the College from providing a safe and non-discriminatory environment for all members of the College community. In those cases, the student would not be obligated to participate in the investigation or the disciplinary process. Whatever the student decides, the Title IX Coordinator will still offer the student assistance and resources. More information about how to make this type of “confidential report” is provided in Terminology and Definitions Section of this policy.

Disclosing to Someone Other than the Title IX Coordinator

Incidents can also be disclosed to College associates other than the Title IX Coordinator, if the student prefers to do so. Some College associates are required to notify the Title IX Coordinator when an incident of sexual misconduct is disclosed to them, in order to protect the safety of other people on campus and so that the Title IX Coordinator can reach out to the student to offer help, support, and information about filing a formal report if the student desires. While these College associates cannot offer true confidentiality, they promise not to disclose more information to the Title IX Coordinator than necessary. The information disclosed will be limited to only the information needed to conduct an investigation (if the student permits) and to ensure student safety. More information about privacy is provided in the Terminology and Definitions Section of this policy.

Students can also disclose incidents to non-College officials, such as a local rape crisis center or a mental health counselor. A list of some local rape crisis centers and other community resources is provided in the Annual Fire and Security Report found on the College’s website at www.bryantstratton.edu/pdf/SecurityPolicies.pdf. You can also find local rape crisis centers and other community resources in your campus Dean’s office. These types of non-College officials provide confidentiality and can offer support and referrals to helpful services and resources. These persons are not affiliated with the College and have no obligation to notify the Title IX Coordinator about the incident.

Making a Formal Report Confidentially and/or Anonymously

In addition to the options described above in regard to privately or confidentially disclosing an incident of sexual misconduct, students also have several options for making a formal report. The Title IX Coordinator is the person with whom a student would file a formal report regarding sexual misconduct, if the student wishes to do so. Formal reports can be made to the Title IX Coordinator by:

• Making a report to the Title IX Coordinator in-person, via email, or via the online incident report form.
• Your campus Title IX Coordinator’s is identified in the Terminology and Definitions Section of this policy.

The online incident report form can be accessed at: www.bryantstratton.edu/utilities/enoughisenough.

All reports of sexual misconduct made to all College associates will be handled with privacy. Students reporting instances of sexual misconduct-whether they are the victim, a friend, or a witness/bystander-can also make confidential and/or anonymous reports if they prefer to do so.

• Confidential reports can be made by telling the Title IX Coordinator that you do not want an investigation to occur, or by checking the boxed on the online incident report form labeled ‘I do not want an investigation to occur.’
  • Important notes regarding “confidential reports”, whether made in-person or online:
    • While this reporting method is known as a “confidential report”, due to the nature of their responsibilities, the Title IX Coordinator is not truly a “confidential resource.” As noted above, all information provided will be handled with the utmost privacy.
    • When a reporting individual formally reports an incident of sexual misconduct but expresses that he/she does not wish for the College to conduct an investigation, the College will typically honor that request. However, sometimes the College will be obligated to weigh such a request against the College’s duty to ensure the safety of others on campus. Some of the factors the College may consider in weighing a request to not investigate may include: whether the accused individual has a history of violent behavior or is a repeat offender; whether the incident represents escalation in unlawful conduct by the accused individual; the increased risk that the accused individual will commit additional acts of violence; whether the accused individual used a weapon and/or force; whether the reporting individual is a minor; and whether the institution possesses other means to obtain evidence (e.g., security footage) and whether available information reveals a pattern of perpetration at a given location or by a particular group. If the College determines that it cannot maintain a victim’s confidentiality and that an investigation is necessary, the student who reported the incident will be notified in writing, prior to the start of an investigation and will, to the extent possible, only share information with the people responsible for handling the College’s response. The College will remain ever mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. Retaliation against the victim, whether by students or College employees, will not be tolerated.
• Anonymous reports can be made by not including your name or email address when submitting the online incident report form.
  • Important note regarding anonymous reports:
    • Individuals who wish to anonymously report an incident should be aware that their anonymity may inhibit the College’s ability to conduct a full investigation of the incident, provide support, and/or update the student regarding actions taken.

Regardless of how a student chooses to make a report, the College may not require a victim to participate in any investigation or disciplinary proceeding.

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

Students also have the option to make a report to law enforcement, either in addition to or as an alternative to making a report to the College.

In addition to calling 911, you may make a report to law enforcement by contacting the following resources in your State or local area.

Ohio:
Cuyahoga Sheriff’s Department, Cleveland Area Rape Center;
https://clevelandrapecrisis.org/services/24-hour-services/at-a-police-station/

For Eastlake only:
www.sheriffdunlap.org.

For Akron only:
www.co.summit.co.us/index.aspx?NID=463.

Virginia:
Virginia State Police Department:
804-674-4655
www.vsp.state.va.us.

Wisconsin:
Milwaukee County Criminal Division:
414-278-4538.

Amnesty Policy for Alcohol and/or Drug Use

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

Disclosures During Advocacy Events

Individuals occasionally disclose information regarding sexual misconduct during a public awareness and/or advocacy event, such as candlelight vigils, protests, survivor speak-outs, Clothesline Project events, Take Back the Night events, Day of Unity events, and other similar public events. These events typically serve the purpose of empowering survivors and raising awareness about issues related to sexual violence, as opposed to serving as a forum in which formal reports are made. Accordingly, the College is not obligated to begin an investigation based on information disclosed at these events, however any individual always remains free to file a report with the College if they choose to do so. The College may use information provided at such events to inform its efforts for additional education and prevention efforts regarding sexual misconduct and sexual violence.

Campus Alerts

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

Campus Crime Data

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

Resources, Support Services, and Protection for Victims

Bryant & Stratton College is committed to supporting victims and survivors of sexual misconduct and sexual violence, regardless of when, where, or who committed the acts in question. In this section, the College has collected information and resources that may be helpful. If there are other resources that you or a friend might need, the College encourages you to reach out to your campus Title IX Coordinator, who can help obtain those resources. If you aren’t sure who your campus Title IX Coordinator is, a list of all campus Title IX Coordinators is provided in the Terminology and Definitions Section of this policy. If you are in immediate danger at any point, call 911!

Obtaining Immediate Medical Attention

If you have been the victim of rape, sexual assault, domestic violence, or dating violence and are in need of immediate medical attention, please call 911 and/or consider visiting a hospital, urgent care center, or medical provider. Below is a list of emergency medical facilities and other medical providers near each campus. Some State law requires that all hospitals in the State offer forensic rape examinations (sometimes also called ‘forensic sexual assault examinations’ or simply ‘rape kits’). Some states require hospitals to notify the victim/survivor 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/survivor. 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. For more information about what to do after an assault, visit the National Sexual Violence Resource Center website at https://www.nsvrc.org/.

More information regarding forensic examinations and sexually transmitted infections, as well as other resources available through your campus Title IX Coordinator.

On-Campus and Off-Campus Resources and Support Services

Individuals who have been subjected to sexual misconduct also often need other types of support. Even if you think you are okay and that you don’t need help, the College encourages you to reach out to someone. The College’s on-campus resource is the Title IX Coordinator. In addition, there are various off-campus resources that you can use if you prefer not to seek help from on-campus resources. Below is a list of on-campus and off-campus resources for each Bryant & Stratton College location outside of New York State, 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.

Educational Programs and Support Services

Victims need to seek support from loved ones and from community organizations. Such organizations help victims understand their feelings, rights and the law. The Rape Hotline available for each community in which are campuses are located are listed below:

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

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

The above is only a brief listing of the resources available to you. You can find many more resources by dialing 2-1-1 for free, confidential help finding an extensive list of resources, including law enforcement and 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.

Protections and Campus Accommodations

In addition to the above on-campus and off-campus resources, the College is prepared to offer you certain protections and reasonable campus accommodations. Below is a list of protections and campus accommodations that may be available, if appropriate. To request any of the below protections and/or campus accommodations, please contact your campus Title IX Coordinator. Your Title IX Coordinator will then make the necessary arrangements, including coordinating with other campus offices as needed, in order to maintain your privacy. If you aren’t sure who your campus Title IX Coordinator is, a list of all campus Title IX Coordinators is provided above

• Having the College issue a ‘no contact’ order against the individual
  • A ‘no contact’ order requires that if the accused, victim, or reporting individual observes each other in a public place, it will be the responsibility of the accused to leave area immediately and without directly contacting the reporting individual and/or victim. If necessary, the College may establish a schedule for the accused and the reporting individual to access College buildings and property at separate times. Violating the ‘no contact’ order could subject the accused to additional consequences and/or the involvement of law enforcement.
  • Both the accused and the victim will, upon request and consistent with these policies, be afforded a prompt review, reasonable under the circumstances of the need for and terms of the ‘no contact’ order, including potential modification and will be allowed to submit evidence in support of their his or her request.
• Assistance from College associates in obtaining an order of protection or restraining order from law enforcement against the accused individual.
  • Orders of protection and restraining orders are similar to ‘no contact’ orders, except that they are imposed by the local police, not by the College. If an accused individual violates an order or protection or restraining order, they could be arrested. The College reserves the right to impose consequences on accused individuals who violate orders of protection and restraining orders, such as imposing additional conduct charges and/or subjecting the accused to interim suspension.
• Assistance from College campus security in calling on and assisting law enforcement in effecting an arrest when the accused individual violates an order of protection
• When the accused individual or victim is a student determined to present a continuing threat to the health and safety of the community, to subject the accused or victim to interim suspension pending the outcome of the disciplinary process consistent with the law and the College’s policies and procedures. Both the accused or victim and the reporting individual shall, upon request and consistent with the College’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential medication, and shall be allowed to submit evidence in support of his or her request.
  • Determinations of whether a student poses a continuing threat to the health and safety of the College community are made by individuals at each campus. In making such determinations, these individuals act in good faith and takes into consideration:
    • Whether the accused individual has a history of violent behavior or is a repeat offender
    • Whether the reporting individual 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 reporting individual
    • Other relevant factors, such as whether the alleged behavior represents an escalation in behavior from past incidents, the possession and/or use of a weapon and/or force, whether the College possesses other means to obtain evidence (e.g. security footage), whether available information reveals a pattern of perpetration at a given location or by a particular group and whether alternatives to interim suspension are available
  • When the threat posed implicates mental health issues, the student 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 or reporting individuals.
• 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, regardless of the students or associate’s decision to report an event to law enforcement.
• Other protections, services, and accommodations that may be appropriate

Disciplinary Process for Students who Commit Sexual Misconduct

When a student commits or is believed to have committed sexual misconduct- whether committed against another student, other member of the campus community, or non-member of the campus community-the student will likely face student conduct charges and be subjected to the College’s disciplinary process. All accused students are entitled to a presumption of ‘not responsible’ (not guilty), and all processes will be conducted in a fair, impartial, thorough, and timely manner. At all times, the burden of proof is on the College to establish that the alleged violation of this policy was committed by the student in question. The standard of evidence required in both the Student Conduct Hearing and in the Appeal Hearing, if one is sought, is a preponderance of evidence. ‘Preponderance of evidence’ means that the relevant Code of Conduct committee must decide in favor of the party that, as a whole, has the stronger evidence that the violation was or was not committed, however slight the edge over the other party’s evidence may be. ‘Preponderance of evidence’ is sometimes described as ‘more likely than not’ or ‘51% probability’. The evidence should be sufficient to incline a fair and impartial mind to one side of the issue over the other, but it is not necessary for that mind to be completely free from all reasonable doubt. ‘Preponderance of evidence’ is a different and lesser standard of evidence than that used in criminal proceedings; rather, it is the standard of evidence often used in civil court proceedings.

Student Conduct Committee Process

Reports of potential and actual violations of this policy, as listed and described in Prohibited Behavior Section above, will be processed as follows. All written notifications referenced below will be provided by College associates to students in a manner that requires the Charged Student to acknowledge receipt, such as certified mail or email, return receipt requested or hand delivery with a signed receipt.

• All submitted incident reports regarding incidents of sexual misconduct will be reviewed by the Title IX Coordinator.
• The Title IX Coordinator may not have a conflict of interest or bias against the accuser or the accused students and must appoint a designee if a conflict exists.
• If appropriate, the Title IX Coordinator (or his/her designee) will conduct an investigation into the incident reported. Students who have reported an incident of sexual misconduct-whether done so privately, confidentially, or anonymously-have the option of requesting that the College not conduct an investigation; however, under certain circumstances, the College may determine that an investigation is necessary to protect the health and safety of other students. When the College determines that an investigation is necessary, the student who submitted the incident report will be notified in writing. Students 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 with the student regarding actions taken.
• Any investigation conducted will be done so in a fair, impartial, thorough, and timely manner. If, upon investigation, it is determined that a student may have violated the policies described in this policy, the Title IX Coordinator will file student conduct charges against the student and schedule a Student Conduct Hearing on the alleged violation, to be held at a campus location and date determined by the Title IX Coordinator. The date selected by the Title IX Coordinator will be timely in that it will provide an accused student a reasonable amount of time to prepare for the Student Conduct Hearing while also not constituting an unreasonable delay in resolving the charges. When an alleged violation involves more than one student, or when more than one violation is alleged to have been committed by a student, the Title IX Coordinator may determine, in his/her discretion, to schedule separate Student Conduct Hearings.
• When the Title IX Coordinator files student conduct charges against a student, the Title IX Coordinator will promptly notify such student in writing of the facts of the allegations made against him/her, the specific College policy violation committed by the student if the alleged facts are determined to have occurred, the time and date on which the violation allegedly occurred, possible consequences and/or sanctions against the student for such violation, information regarding how the student can dispute the violation alleged (including the date, time, and location of a Student Conduct Hearing at which the student will be entitled to present evidence), and what (if any) temporary measures will be imposed upon the student while the Student Conduct Hearing is in progress (e.g., temporary suspension). Where the alleged violation involves sexual misconduct, the written notice will also notify the student of his/her right to be accompanied at the Student Conduct Hearing by an advisor of his/her choice.
• The Student Conduct Hearing will be conducted in a fair, impartial, and thorough manner. The Student Conduct Hearing will be presided over by a panel of impartial individuals selected by the Title IX Coordinator. The panel will hear all evidence presented on the alleged violation. During the Student Conduct Hearing, the accused student will have the opportunity to present evidence in his/her defense and to be accompanied by an advisor of his/her choice. Likewise, the individual who reported the incident and/or was subjected to the alleged sexual misconduct may, if he/she desires, also have the opportunity to present evidence of the incident and to be accompanied by an advisor of his/her choice.
• After all evidence has been presented in the Student Conduct Hearing, the panel will render a decision as to whether the accused student is ‘responsible’ (guilty) or ‘not responsible’ (not guilty) for the violation and will impose consequences and/or sanctions on an accused student found ‘responsible’, if appropriate. If the accused student fails to or declines to attend the Student Conduct Hearing, the Student Conduct Hearing will be held without the accused student present and the panel may reach a decision of ‘responsible’ and impose consequences and/or sanctions even in the accused student’s absence. A full and fair record of the Student Conduct Hearing will be preserved and maintained by the College for five years.
• The Student Conduct Hearing panel’s decision regarding the accused student’s responsibility and the imposed consequences/sanctions (if any), including the rationale in support of such consequences/sanctions, will be provided to the accused student in writing within five days of the Student Conduct Hearing. Likewise, the individual who reported the incident and/or was subjected to the alleged sexual misconduct will also receive a written copy of the same information on the same day as the accused student.
• In addition to the written notification of the panel’s decision and the imposed consequences/sanctions (if any), an accused student found ‘responsible’ will also receive written notice regarding his/her right to appeal the panel’s decision and/or imposed consequences/sanctions. Likewise, the individual who reported the incident and/or was subjected to the alleged sexual misconduct will also receive a written copy of the same information on the same day as the accused student.
• An accused student found ‘responsible’ may commence his/her appeal by following the procedures described in the paragraphs titled ‘Appeals Process’ below. An appeal may also be commenced by the individual who reported the incident and/or was subjected to the alleged sexual misconduct by following the same procedures. In the event an appeal is requested, the Student Conduct Hearing panel’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 students involved may choose whether or not to discuss or disclose the outcome of the Student Conduct Hearing.
• If a student does not commence an appeal within the required timeframe (i.e., ten business days from receiving written notification of the Student Conduct Hearing panel’s decision), then the Student Conduct Hearing panel’s decision will be final.

Appeals Process

Any student found ‘responsible’ by a Student Conduct Hearing panel may appeal the panel’s decisions, including its determination of responsibility and/or the consequences/sanctions imposed. An appeal may also be requested by the individual who reported the incident and/or was subjected to the alleged sexual misconduct.

If a student wishes to appeal the decision of the Student Conduct Hearing panel, whether in regard to its determination of responsibility or its imposed consequences/sanctions, the student must submit a written request for an appeal to the Title IX Coordinator within ten business days (i.e., weekdays) of receiving written notification of the panel’s decision. The written request for appeal must include a brief statement of whether the student objects to the Student Conduct Hearing panel’s determination of responsibility, the imposed consequences/sanctions, or both, as well as include a brief statement of the student’s argument(s) as to why the Student Conduct Hearing panel’s determination of responsibility and/or imposed consequences/ sanctions were inappropriate. Upon receiving the student’s written request for appeal, the Title IX Coordinator will schedule an Appeal Hearing, to be held in a timely manner at a campus location and date determined by the Title IX Coordinator. Upon scheduling the Appeal Hearing, the Title IX Coordinator will provide written notification of the location, date, and time to the students involved. 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. No individual who served on the Student Conduct Hearing panel is allowed to serve on the Appeal Hearing panel. The panel will hear all arguments presented in regard to whether the Student Conduct Hearing panel’s decisions were appropriate. After all arguments have been presented, the Appeal Hearing panel will render a decision on the appealed issues and, if appropriate, impose revised consequences/sanctions on a student. Within five days of the Appeal Hearing, the students involved will receive 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.

Possible Sanctions

The following possible sanctions may be imposed as a result of a Student Conduct Hearing and/or an Appeal Hearing. In addition, if at any point (whether during or prior to any such hearing) a student’s presence 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 suspend that student from campus until the time of the Student Conduct Hearing and/or Appeal Hearing.

The following list 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 Student Conduct Hearing panel and/or Appeal Hearing panel as the panel members may deem appropriate. Pursuant to individual State law, all students involved-both the accused and the victim-will receive written notice of any imposed consequences/sanctions and the rationale in support of such consequences/sanctions.

• No Consequences/Sanctions: Where the Student Conduct Hearing panel (and/or the Appeal Hearing panel, in the event an appeal is sought) determines that a student is ‘not responsible’, the student conduct charges against the student will be dismissed and the student’s name will be cleared.
• Written Warning: A notice in writing 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. 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) requiring the student found ‘responsible’ to stay away from the student 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 the student from the residence halls for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified.
• Residence Hall Expulsion: Permanent separate of the student from the residence halls.
• College Suspension: Separation of the 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 from the College (Expulsion): Permanent termination of status as a student of the College. This sanction automatically results in a Transcript Notation sanction.
• Transcript Notation: For crimes of violence, 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 charged student 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 students may appeal such notation and seek its removal after one year after conclusion of the suspension. A 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 Student Conduct Hearing panel and/or Appeal Hearing panel.

Student Rights

The following rights are guaranteed to all Bryant & Stratton College students and associates. 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 the Terminology and Definitions Section. The rights listed in the Student Bill of Rights will also be discussed with you and/or provided to you in writing when you disclose or report an incident of sexual misconduct to any College associate.

Student Bill of Rights

All students and associates have the right to:

1. Make a report to local law enforcement and/or the State Police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the student conduct 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 reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
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. Be accompanied by an advisor of choice who may assist and advise a reporting individual, or accused individual, throughout the student conduct process, including during all meetings and hearings related to such process, and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or student conduct process of the College.

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 and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible; to explain 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; and to explain whether he/she is able to offer the reporting individual confidentiality or privacy and to inform the reporting individual of other reporting options;
• Disclose confidentially the incident to 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 an employee of the College, the incident to the College’s Head of Human Resources and/or have the right to request that a private employee 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.

Bryant & Stratton College will ensure that every student is afforded the following rights:

• The right to request that student conduct charges be filed against the accused in proceedings governed by the procedures established by the College in this policy;
• The right to a process in all student conduct cases where a student is accused of sexual assault, domestic violence, dating violence, stalking, or other sexual misconduct that violates this policy, that includes, at a minimum:
  • Notice describing the date, time, location, and factual allegations concerning the violation; reference to the specific policy provisions alleged to have been violated; and possible sanctions for the violation;
  • An opportunity to offer evidence during an investigation, and to present evidence and testimony at a student conduct hearing, where appropriate, and to have access to a full and fair record of any such hearing; and
  • Access to at least one level of appeal of a determination before a panel that is fair and impartial and does not include individuals with a conflict of interest.
• Throughout proceedings involving such an accusation, the right for both the reporting individual and the accused:
  • To be accompanied by an advisor of choice who may assist and advise throughout the student conduct process, including during all meetings and hearings related to the process; to a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the accused (including the right to a presumption that the accused is ‘not responsible’ until a finding of responsibility is made pursuant the College’s policies described in this policy), and other issues including but not limited to domestic violence, dating violence, stalking, and sexual assault;
  • To an investigation and student conduct process that is fair, impartial, and provides a meaningful opportunity to be heard, and that is not conducted by individuals with a conflict of interest; - To have the College’s student conduct process run concurrently with a criminal justice investigation and proceeding, except where law enforcement requests a temporary delay in order to gather evidence;
  • To review and present relevant available evidence in the case file or otherwise in the possession or control of the College;
  • To exclude their own prior sexual history with persons other than the other party in the student conduct process and/or their own mental health diagnosis and treatment from admittance in the stage of College’s student conduct proceedings where responsibility is determined
  • To receive written advance notice of:
    • Any meeting he/she is required or eligible to attend
    • Any specific rule or law alleged to have been violated and in what manner
    • The consequences and/or sanctions that may be imposed as a result of the student conduct process; and
    • The determination of the student conduct hearing panel and the rationale for any consequences/sanctions imposed;
  • To make an impact statement during the point of student conduct proceedings where appropriate consequences/sanctions are being determined;
  • To be informed of the possible consequences/sanctions that may be imposed upon the outcome of the student conduct process; to simultaneous written notification of the outcome of the student conduct process, including any consequences/sanctions actually imposed; and the rationale for the consequences/sanctions actually imposed;
  • To choose whether to disclose or discuss the outcome of the student conduct process; and
  • To have all information obtained during the course of the student conduct process be protected from public release until the student conduct appeals panel makes a final determination (unless federal and/or State law requires otherwise).

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. file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

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

Disciplinary Records

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

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

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

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

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

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

Student Right-to-Know

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

Facilities and Educational Services

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

Campus Security

In compliance with the Crime Awareness and Campus Security Act of 1990, information about Bryant & Stratton College’s campus security policies and procedures and crime statistics is made available to students and to employees on an annual basis, and upon request, to any applicant for employment or enrollment. The Campus Report can also be found on the College’s website at www.bryantstratton.edu. Campus crime statistics can be obtained by visiting the website of the United States Department of Education at https://ope.ed.gov/campussafety/#/institution/search. Bryant & Stratton College is committed to providing a safe and secure environment for all members of the campus community. Information on campus crime is available in the Admissions Department and is published and issued each fall. Students and employees on a particular campus may also call the Campus Director.

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.

Drug and Alcohol Abuse Prevention Program

DRUG FREE CAMPUS AND WORKPLACE

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

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

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

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

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

The College’s Student Code of Conduct policies outline the disciplinary measures for students in violation of the Drug and Alcohol policy, Drug and Alcohol Amnesty policy and rules for bystanders acting in good faith. Bryant & Stratton College is committed to taking all actions consistent with federal, state and local law and individual privacy rights to eliminate illegal and prohibited drugs on its campuses and to deal firmly and fairly with individuals found in violation of this policy including, but not limited to, referral of the offending student or associate to criminal prosecution and/or imposing disciplinary action up to and including dismissal. These policies are located in the College Catalog and in the Student Code of Conduct Sections of the Annual Fire and Security Report as well as on the College’s website in the Student Right to Know https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf#page=12

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.

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.

Transfer Credits for Veterans

It is mandatory that Bryant & Stratton College receives all official college and military transcripts for students receiving military and/or veteran benefits. 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.    

Students receiving military or veteran benefits are required to provide all official college and military transcripts for review. Bryant & Stratton College will notify the student, via email, of all accepted transfer credits.   

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 or 33 can be processed and credited to his/her account, assuming the student provided a certificate of eligibility for assistance under these chapters to the College, as required by the appropriate approving agency.  

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

Yellow Ribbon Program

Bryant & Stratton College is participating in the Yellow Ribbon Program under the Post 9/11 GI Bill®(Chapter 33). Your Financial Services 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. This money is usually paid directly to the College by the individual service.

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.