Student Handbook: Section 5: General College Policies
These policies govern all students enrolled at Daemen College, regardless of status and/or location where they attend classes. Please see the Daemen College Catalog at daemen.edu/catalog for the full listing of academic policies and procedures, pertaining to matriculated students.
Students are entitled to reasonable accommodation of pregnancy- and childbirth-related needs. Students may be absent from classes for as long as the student's doctor deems medically necessary and will be allowed the opportunity to make up any work missed. Alternatives to making up work may be offered as appropriate, including retaking a semester or additional time in a program to continue at the same pace and finish at a later date. Any questions about a student's rights and responsibilities in this regard may be directed to the Associate Dean of the College, located in Duns Scotus 102, (716) 839-8301.
Appropriate on-campus space is provided for nursing mothers: contact the Director of Health and Insurance Services in the Wick Center to make arrangements.
Daemen College complies with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and applicable state and local laws providing for nondiscrimination against qualified individuals with disabilities. This policy applies to participation in all College programs and activities. Daemen College will also provide reasonable accommodations for qualified individuals with disabilities so that they may participate at a level equivalent with that of non-disabled students. In this connection, Daemen College has established an accommodation assessment procedure for evaluation of requested accommodation in light of legal guidelines.
It is Daemen College's policy to:
- Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in the admissions process and that qualified students with disabilities are treated in a nondiscriminatory manner with respect to all services, programs and activities.
- Keep all medically related information confidential in accordance with the requirements of the Rehabilitation Act, the Americans with Disabilities Act, and the Family Educational Rights and Privacy Act.
- Provide qualified applicants and students with disabilities with reasonable accommodation, except where such an accommodation would create an undue hardship for the College.
- Notify individuals with disabilities that the College provides reasonable accommodations to qualified individuals with disabilities by including this policy in the College Catalog and the Student Handbook.
Procedure for Requesting an Accommodation
If a qualified applicant for admission to the College or a student of the College anticipates a need for an accommodation to complete a course of study or to participate in a College program or activity (student housing, etc.), the request for accommodation should be brought to the attention of the Disability Services Office. Where the disability or the need for an accommodation is not obvious, the individual may be required to provide current evidence of the disability and the limitations that require accommodation. Disability Services will discuss with the applicant or student the limitation resulting from the disability and the potential reasonable accommodations that the College might make. Disability Services staff may also consult as needed with the Associate Vice President for Academic Affairs, Dr. Kathleen Boone, email@example.com, who is the College’s 504/ADA Officer.
The College has established specific guidelines for the documentation of disabilities; the guidelines may be obtained from the College's 504/ADA officer (Associate VP), the Disability Services Office, or from the College's website.
The Associate Director for Disability Services, in conjunction with the appropriate faculty, the 504/ADA Coordinator, and, if necessary, a professional evaluator retained by the College, will determine the feasibility of the requested accommodation, considering various factors including, but not limited to, the nature and the cost of the accommodation, and whether the accommodation will impact the fundamental nature of the course or program. The applicant/student will be informed of the College's decision on the accommodation request. If a student is not satisfied with the determination made by the College with respect to the request for accommodation, the student may file a grievance pursuant to the College's Grievance Procedure in Discrimination Cases, a copy of which may be found in the Student Handbook or obtained from the Office of the Associate Vice President for Academic Affairs (504/ADA Officer).
Procedure for Receiving Approved Accommodations
Disability Services will give the student an Accommodation Form specifying the accommodations approved by the College. It is the student's right and responsibility to request approved accommodations in College programs, activities, or services. In keeping with the College's nondiscrimination policy, accommodations are to be made only at the request of the student, not assumed or imposed by other parties. The student shall present his/her Accommodation Form to the appropriate faculty member or administrator to substantiate a request for accommodation. Accommodations should not be provided to students without evidence that the accommodation has been approved by the College. A student lacking such documentation should be referred to Disability Services according to the above procedure for requesting an accommodation.
Should any problem arise in securing an approved accommodation, the student should bring the problem to the immediate attention of the 504/ADA Officer, who will assist in resolving the matter. In addition, any member of the College community with questions or concerns about the College's disability policy and procedures should contact the 504/ADA Officer. Retaliation against students, applicants, or employees for exercising their rights under this policy is strictly prohibited and will not be tolerated. Claims of retaliation should be reported to the 504/ADA Officer.
Daemen College allows students who comply with the New York State minimum drinking age of 21 years of age to consume alcohol as a privilege, but not as a right, and within specified guidelines and limitations, at certain College events, as determined by the Director of Student Activities. These events are generally limited to those where a significant number of students over the age of 21 are anticipated to attend.
The College expects that students who choose to consume alcohol will do so responsibly. Individuals or groups who conduct themselves in a disorderly manner, destroy property, or infringe upon the rights of others are accountable for their behavior and will be subject to campus disciplinary action and/or appropriate civil or criminal actions. In other words, drunkenness is a problem, not an excuse for one. These policies and regulations apply to all members of the College community and their invited guests.
- All alcoholic beverages are to be provided by Daemen College Dining Service at all events approved for alcohol service.
- All student social functions involving alcohol are usually limited to members of the Daemen College community and their escorted guests. Students are liable for the actions of their guests. The Director of Student Activities will generally refuse alcohol requests for events where unescorted visitors may be expected. The Director may refuse entry of any person to any College event.
- Alcohol abuse will not be tolerated. Alcohol may not be offered as a prize or reward, or consumed in contests. Social participants are allowed to purchase no more than one alcoholic drink at a time (or at the discretion of the Director of Student Activities).
- Food Service bartenders, security officers, group moderators, the Director of Student Activities, and the Vice President for Student Affairs and Dean of Students have authority to refuse the purchase of alcohol by any person who appears to be intoxicated or troublesome and that person may be required to leave a social event.
- Aside from the specifications permitting alcohol at certain student activities, and the guidelines for alcohol permitted in the residence halls listed in this Student Handbook, alcohol cannot be consumed on campus grounds or in private automobiles while on campus grounds.
Daemen College recognized student organizations are not permitted to host events on campus or off campus where the primary focus is the consumption of alcohol. This typically refers to bar parties or fundraisers where persons pay a cover charge and alcoholic beverages are provided free or at a reduced fee. The intent of this policy is prevent and discourage events that promote alcohol abuse (binge drinking, underage drinking, DWI) and to reduce the risk of liability faced by student organizations and their officers when holding these types of events.
See specific alcohol policy as outlined in the Residential Living Section (Section 4) of this Handbook.
Daemen College Drug and Alcohol Abuse Prevention Policy
Pursuant to the U.S. Department of Education Regulations implementing the Drug-Free Schools and Communities Act Amendments of 1989, Daemen College establishes the following policy and regulations:
Policy Statement: Daemen College endeavors to establish for its students, faculty and staff an environment in which the misuse of alcohol and drugs is minimized, which encourages moderation, safety and personal accountability, and which provides an atmosphere free of coercion and peer pressure to abuse alcohol or use illegal drugs. The College strongly believes and encourages the use of treatment and educational programs as the most effective means to reduce and prevent substance abuse of any kind. All members of the Daemen community should exercise sound judgment and be mindful of their personal health, safety and well-being, as well as that of their friends and guests, by observing all laws regulating drug and alcohol and the College rules expressed in this Policy and elsewhere in this Handbook.
Standards of Conduct: The unlawful possession, use or distribution of alcohol and illegal drugs by students and employees on college property or while engaged in College activities off the College campus is prohibited. While the College permits the lawful use of alcohol by students and guests on campus in accordance with the College alcohol policy (see following section), any abuse of this privilege will be subject to College disciplinary action and/or appropriate criminal sanctions.
Legal Sanctions Regarding Alcohol: Under New York State law it is illegal:
- To provide alcohol to persons under the age of 21 or to persons who are visibly intoxicated. Providing alcohol to persons under the age of 21 is a Class A misdemeanor which is punishable by imprisonment for up to one year, a fine of not more than $1,000 and/or three years probation;
- To misrepresent the age of a person under the age of 21 for the purpose of inducing a sale of alcohol. Those found guilty of violating this law shall be punished by a fine of not more than $200, or by imprisonment for not more than five days, or by both fine and imprisonment;
- For a person under the age of 21 to possess alcohol with the intent to consume it. Those found guilty of violating this law shall be punished by a fine of not more than $50 and/or required to complete an alcohol awareness program and/or required to provide up to 30 hours of community service;
- For any person under the age of 21 to present or offer any written evidence of age which is false, fraudulent or not actually his own, for the purpose of purchasing or attempting to purchase alcohol. Those found guilty of violating this law shall be punished by a fine of not more than $100, and/or required to complete an alcohol awareness program and/or required to provide up to 30 hours of community service. Additionally, if it is found that a New York State driver's license was the written evidence of age used for the purpose of the purchase or attempted purchase, the person's license to drive a motor vehicle may be suspended for 90 days. Lastly, alteration of the required forms of identification (driver's license, passport or armed forces ID card) may constitute "possession of a forged instrument… with intent to defraud," which is a Class D felony under New York State penal law.
Legal Consequences of Operating a Vehicle While Under the Influence of Alcohol or Drugs
- Operating a Motor Vehicle After Consuming Alcohol While Under Age 21. Any person under age 21 who operates a motor vehicle after having consumed alcohol, as determined by a blood-alcohol content of at least .02%, may be referred to the Department of Motor Vehicles for license suspension or revocation, and a $125 charge. V&T Law § 1192-a.
- Driving While Ability Impaired (DWAI) (more than .05% but less than .08% Blood Alcohol Content (B.A.C.) First violation (Traffic Infraction): Mandatory $300-$500 fine; and/or imprisonment up to 15 days; mandatory 90 day license revocation. Subsequent violations increase the fine, possible imprisonment and length of revocation.
- Driving While Intoxicated (DWI) (.08% B.A.C. or higher or while impaired by the use of a drug) 1st Violation (Misdemeanor): Mandatory $500-$1,000 fine and/or 1 year imprisonment; Mandatory 6-month minimum license revocation. Two violations within 10 years can result in jail for up to 4 years and a 1 year revocation of your license to drive. If there is personal injury, a possible lifetime revocation can result.
- If you are under the age of 21 and charged with DWAI, or DWI, and you are convicted of such charges, your license will be revoked for a minimum of one year. If you drive while your license is suspended or revoked, or if you refuse a chemical test, you face a mandatory jail term of 7–180 days and a mandatory fine of $500–$1,000.
There are several New York State and Federal laws prohibiting the use and/or sale of controlled substances (drugs such as marijuana, heroin, cocaine, PCP, LSD, methamphetamine and fentanyl). Misuse and sale of prescription medications is also prohibited. Prescriptions are meant to be used only by the person for whom the prescription is written and/or as prescribed. A conviction can result in a substantial fine and/or a lengthy imprisonment. Remember that the conviction of a crime will remain on your record and can impact your ability to find suitable employment or get a professional license and can impair your ability to travel.
New York State has decriminalized marijuana, which is not the same as indicating its legality. Possession of less than 25 grams is considered a violation and carries a fine of up to $100 with increased fines for repeat offenders. Additional charges/penalties and fines increase depending on the quantity over 25 grams.
Prescription medication, including medical marijuana, must be labeled as such and with the person for whom it was prescribed.
Daemen College Sanctions
Members of the College community who violate these policies will be subject to discipline via the Student Code of Conduct. Taking into account the circumstances of each case, sanctions for students may range from warnings to expulsion from the College, and sanctions for faculty and staff members may range from warnings to termination. At the discretion of the College, as an alternative to, or in addition to any disciplinary action taken, students or employees may be required to participate in and to complete satisfactorily an appropriate counseling or rehabilitation program. Records of such discipline may be maintained in a student’s record or an employee’s personnel file. Enforcement of these sanctions will be through the College’s existing disciplinary procedures for students, faculty, and staff, as appropriate. The College reserves the right to require that a student participate in random drug testing, at their own expense, as part of a sanction for being found responsible for a violation of this drug policy and/or if there is reasonable evidence to suggest illegal drug use/abuse.
Abusing drugs and/or alcohol among other things can make you sick, lower your job performance, put you in prison, cause dependency, be expensive and cost you your life.
Alcohol use will dull your senses, impair coordination, slur your speech, cause mood changes, depress brain functions, lead to irreversible brain damage, damage liver, heart, and pancreas, irritate your stomach, and possibly cause physical damage to your unborn baby.
Drug use may increase your heart rate and blood pressure, cause tremors and convulsions, produce heart, liver, and kidney damage, cause personality changes, confusion, and depression, lead to paranoia and hallucinations, injure your unborn baby, and lower your resistance to disease—including STDs and AIDS.
The health and safety of every student at the College is of utmost importance. Daemen 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. Daemen College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. 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 Institution's officials or law enforcement will not be subject to the Student Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
Daemen College employs an online Bias Reporting Form designed to assist the College in promoting an environment that fosters civility and mutual respect for all. Members of the Daemen community may use the online form to report incidents of bias, misconduct, and harassment. One does not have to be a member of a specific gender, sex, class, or group in order to be a victim of bias, misconduct, or harassment. Additionally, reporters do not need to be victims of bias or misconduct themselves: this form can be used by bystanders to report incidents that they have witnessed or of which they have knowledge.
Any reports submitted will routed to the appropriate office, typically Student Affairs, which facilitates and adjudicates matters via the Student Code of Conduct, if it involves a student or the Associate Vice President for Academic Affairs and/or Human Resources, if it involves an employee. All bias reports will be reviewed promptly. For reports containing contact information, a designated staff member will contact the reporting person and will be available to meet and discuss resources, policies, procedures, and services, with a view to addressing the immediate issue as well as any additional implications for campus climate. Reports and related follow up will be handled as discreetly as possible.
Bias Reports may be submitted anonymously; however, doing so will affect the College’s ability not only to investigate a report but also to provide a successful resolution or outcome.
Members of the campus community may also avail themselves of the Grievance Procedure in Cases of Discrimination and Harassment, which affords a more formal process of investigation and determination of outcome. Filing of a Bias Report does not preclude subsequent use of the Grievance Procedure if the issue remains unresolved. At the discretion of the Grievance Officer, the Bias Report process may be considered to fulfill Step 1 of the Grievance Procedure, which calls for an initial attempt to resolve a complaint informally.
The Jeanne Clery (Clery Act) Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990 requires the distribution of an annual security report to all current faculty, staff, and students, and notice of its availability to prospective students, faculty, and staff. The annual security report includes statistics for the previous three years concerning reported crimes that occurred on campus, in certain off-campus buildings or property owned or controlled by Daemen College. The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, and sexual assault. You can obtain a printed copy of this report in the Office of Student Affairs located in the Wick Center. It may also be viewed and printed on the College’s website at daemen.edu/ASR.
Timely Warning and Emergency Notifications
In an effort to provide timely notice to the Daemen College community, and in the event of a serious incident which may pose an ongoing threat to members of the Daemen College community, a Safety and Security Alert is sent to all students and employees on campus. The alerts are generally written and distributed to the Daemen College community by the Vice President for Student Affairs, or a designee, and they are approved and distributed to the community by members of the President's Cabinet. Any necessary updates to the Daemen College community about any particular case resulting in a Safety and Security Alert will be made to the campus community through the Daemen College website (“What’s Happening” page), email to the faculty-staff-announce and students-announce listservs, and the mass communication notification system via means selected by students, faculty, staff, and administrators. Other forms may include information posters in key campus locations, including the Wick Center lobby, Canavan Hall lobby, Business Building center lobby, west, east and center doors of Duns Scotus Hall, Campus Village Apartment and Collegiate Village, and locations. Incidents of aggravated assault and sex offenses are considered on a case-by-case basis, depending on the facts of the case and whether there is a continuing danger to the campus community. For example, if an assault occurs between two students who have a disagreement, there may be no ongoing threat to other Daemen College community members and a Safety and Security Alert would not be distributed. The VPSA, or designee, in consultation with appropriate campus personnel, reviews all reports to determine if there is an ongoing threat to the community and if the distribution of a Safety and Security Alert is warranted. Safety and Security Alerts may also be issued for other crime classifications, as deemed necessary.
Annual Security report
Each year in mid-October, an e-mail notification is made to all enrolled students that provides the web site to access this report. Faculty and staff receive similar notification. Copies of the report may also be obtained in the Office of Student Affairs on the first floor of Wick Center. It may also be printed from the website.
How to Report Criminal Offenses
In an emergency, dial 9-1-1. After the emergency is reported, call Campus Safety so they can support emergency responders for best care of the situation. Community members can contact the Office of Campus Safety at 716-839-SAFE (7233), 24 hours a day, 7 days a week. Report to Security any suspicious activity or person(s) seen in parking lots or loitering around vehicles, around or in buildings, or around residence halls.
In addition, a crime may be reported to the following areas:
- Campus Safety (716) 839-SAFE (7233)
- Vice President for Student Affairs (716) 839-8519
- Director of Housing & Residence Life (716) 839-8200
To contact Amherst Police Department call (716) 689-1311 or in an emergency: 9-1-1
Office of Campus Safety—Arrest Authority
Daemen College Campus Safety Officers have the authority to ask persons for identification and to determine whether individuals have lawful business at Daemen College. They do not possess arrest power. Criminal incidents are referred to the Amherst Police Department. Daemen College Campus Safety and Amherst Police maintain a highly professional working relationship. All crime victims and witnesses are strongly encouraged to immediately report the crime to the Office of Campus Safety as well as to Amherst Police. Prompt reporting will assure timely warning notices of on-campus incidents and timely disclosure of crime statistics.
 Please note that based on where the call is made, students may need to alert 9-1-1 that they are in Amherst.
There may be times that students will choose to dissent with College or public policy and openly demonstrate on campus. Demonstrations may be held on campus as long as they do not disrupt the normal and proper operation of the College. Specifically, disruptions will include activities which:
- Interfere with the rights of students, faculty, staff or guests of the College;
- Disrupt or obstruct educational and other activities of the College;
- Obstruct or restrict free movement of persons on any part of the campus;
- Interfere with the proper use of offices or other facilities to the students faculty, trustees, staff or guests of the College;
- Endanger the safety of any person at the College; and/or,
- Threaten or result in the destruction of property.
In order to use a campus facility for demonstration purposes, a student group must reserve space as outlined in the Student Activities section of this Handbook. The student group must also register its intent to demonstrate by submitting a letter to the Vice President for Student Affairs (or his/her designee) at least 48 hours prior to the demonstration. The College will insist all planned protests be peaceful and orderly, carried out in accordance with these guidelines and in areas other than faculty and administrative offices, classrooms, libraries and study rooms. Students who violate these guidelines will be subject to disciplinary action
Certain services for student activities may involve the execution of a contract. All contracts for these services with outside vendors must be made through the Office of the Director of Student Activities. No one may commit College monies, facilities, or other resources without the written authorization of the proper College official.
Daemen College complies with the Family Educational Rights and Privacy Act (FERPA). Pursuant to this law, the College shall maintain the confidentiality of student education records and shall not release them to any person or entity without the written consent of the student except as set forth below. Moreover, the College shall provide students access to their education records pursuant to the procedures outlined in this policy.
"Education records" are the records, files, documents, and other materials maintained by the College, which contain information directly related to a student except:
- Records of faculty and administration, which are in their sole possession and are not revealed to any persons other than a representative.
- Records of Campus Safety that were created for law enforcement purposes.
- Employment records maintained solely for such purpose.
- Medical records.
The College may include in a student's education records disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student or other members of the College community. Nothing in this policy shall prevent the College from disclosing such information to teachers or other institutions who have a legitimate educational interest in the behavior of the student. Moreover, the College may disclose to an alleged victim of any crime of violence the results of a disciplinary proceeding conducted by the College against the alleged perpetrator of such crime. In compliance with federal and state law (Title IX, the Clery Act), and New York State Education Law 129-B, the College will disclose the outcome of an investigation of sexual violence to both the complainant and the respondent, including information about specific disciplinary sanctions when sanctions directly relate to a student who has been harassed. Additionally, the College reserves the right to notify the parents/family of a student determined to have violated the College’s policies and/or New York State laws regarding underage drinking or illegal use of drugs.
College policy is that no person shall have access to, nor will the institution disclose, any information from a student's education records without the written consent of the student except (a) to the student; (b) to appropriate College officials who have legitimate educational interest; (c) to certain state and federal officials; to officials at other schools in which the student seeks to enroll; (d) to persons or organizations in connection with the student's application for financial aid; (e) to organizations conducting studies for educational purposes, but only under conditions that protect confidentiality; (f) to accrediting agencies carrying out their accreditation function; (g) in compliance with a judicial order; (h) for reasons in an emergency in order to protect the health or safety of a student or other persons; and (i) to officials at another institution or partner provider when exchange of information is necessary in order to facilitate the investigation of a crime or other significant matter involving students at multiple institutions.
The Registrar will maintain, with the education records, a list of all persons and entities (other than College personnel with a legitimate educational interest) who have requested or obtained access to a student's records. This list, which is available to the student about whom information has been requested, will show the interest of persons or entities. Within the Daemen College community, only those officials with a legitimate educational interest are allowed access to student education records. Such persons include personnel in the Offices of the Vice President for Academic Affairs and Dean of the College, Associate Vice President for Academic Affairs, Vice President for Student Affairs and Dean of Students, Division Deans, Student Success Center, Information Technology, Higher Education Opportunity Program, Registrar, Comptroller, Financial Aid, Admissions, faculty members, and other College officials within the limitation of their need to know. College officials may include students who serve on official College committees or who are employed in College offices. Internship supervisors (e.g., supervising teachers, clinical preceptors), consultants, contractors (e.g., attorneys, auditors), volunteers, or other parties to whom the College has outsourced institutional services or functions may also be considered College officials within the limitation of their need to know.
At its discretion, the College may provide "directory information" to others and the College's confidentiality policy shall not be applicable to such information. "Directory information" includes: student name, address, telephone number, email address, date and place of birth, major field of study, dates of attendance, enrollment status (includes advance registration data, anticipated graduation year, class status), resident status (commuter or resident), degrees and awards received, recent educational institution attended by student, participation in recognized activities and sports, and weight and height of members of athletic teams.
The College will withhold directory information if a student makes a written request to the Office of the Registrar. Student directory information may be included in the College's website and may be contained in other College publications. Students wishing limited disclosure may submit a request in writing to the Office of the Registrar. A form is available on the Registrar’s website. Once a student has requested non-disclosure, his or her directory information will not be disclosed until the student provides written instruction to change this status.
Students have the right to inspect and review information contained in their educational records, to challenge the contents of their education records, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their record if they feel the decision following the hearing is unacceptable.
The College Registrar has the responsibility to coordinate the inspection and review procedures for student education records. Students wishing to review their education records must make a written request to the Registrar listing the records or information of interest. The pertinent record or information will be made available within forty-five days of the request. At their expense, students may have copies made of their records with certain exceptions (e.g., a copy of the academic record for which a financial "hold" exists). The following documents and information will not be disclosed to students: financial information submitted by their parents; confidential letters and recommendations associated with admissions, employment, or job placement; references to which they have waived their rights of inspection and review, provided they are used solely for such purpose; education records containing information about more than one student, in which case the College will permit access only to that part of the record which pertains to the inquiring student.
A student who believes that the education records contain information that is inaccurate, misleading, or inappropriate should discuss the problem with the Registrar in an effort to resolve the matter informally. If not resolved, the student will be afforded a formal hearing pursuant to the Student Dispute Resolution Procedure contained in the Student Handbook. The request for a hearing must be made in writing to the Vice President for Academic Affairs, who, within a reasonable period of time after receiving a request, will inform the student of the date, place, and time of the hearing. A student may present evidence relevant to the issues raised in accordance with the Student Dispute Resolution Procedure. The hearing will be conducted by the Vice President of Academic Affairs and/or any other individual so designated.
The decision of the hearing will be final and will consist of a written report summarizing the evidence and stating the reasons for the decision. If the decision is in favor of the student, the student's record will be amended accordingly. If the student is not satisfied with the decision, the student may prepare a written statement explaining the disputed contents of the record. This statement will be maintained as part of the student's education records and released whenever the pertinent record is disclosed. Inquiries regarding this policy should be directed to the Registrar.
In addition, students have the right to 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
Before sharing, beware! The unauthorized distribution of copyrighted material, including through peer-to-peer file sharing, may subject a student to criminal and civil penalties. Although using peer-to-peer file sharing technology in itself is not illegal, what you share and how you share it may violate the law (just as while driving a car is legal, driving a car on the sidewalk at 90 miles per hour is not). The laws that govern copyright are not specific to any one technology. Students can violate the rights of a copyright holder using many different types of technology. Both uploading and downloading of files can pose a violation of the copyright law, and the law applies for songs, videos, games, textbooks, and any other type of creative content. Students should be cautious when obtaining any copyrighted material. As a rule of thumb, before a student receives anything for free, they should research whether that source provides material licensed by the copyright owner. Daemen College offers a list of licensed sources at daemen.edu/filesharingpolicy.
Individuals who violate copyright law by illegally uploading and downloading copyrighted files may be subject to civil penalties of between $750 and $150,000 per song. These penalties are established by federal law. In the past, pre-litigation settlements offered by copyright owners have ranged from $3,000 to $4,000 and up while juries have issued verdicts of hundreds of thousands and even millions of dollars. In addition, a court may, in its discretion, grant the copyright owner reasonable attorney fees. Although criminal prosecution of students for file sharing is extremely rare, federal law lays out criminal penalties for intentional copyright infringement which can include fines and jail time.
While it is generally accepted in copyright law that you may format-shift content, that is, you may “rip a CD” onto your computer and then listen to it on your iPod, that only applies for your own personal use. You may not then distribute that song file to others. To do so, is to violate the copyright law as is to download a file shared in this manner. In addition to potentially violating the law, unauthorized distribution or receipt of copyrighted material is a violation of the College’s acceptable use policy. That policy states that use of College computing resources for any illegal activity, including violation of U.S. copyright law, is prohibited. Access to College computing resources is a privilege and not a right. It is expected that all users will respect the rights of other users, and the integrity of the systems and related physical resources. Users will be held accountable for their conduct under applicable College policies as well as federal or state law, including not only those policies, laws and regulations that are specific to computers and networks, but also those that may apply generally to personal conduct. Complaints alleging misuse of Daemen College resources will be directed to those responsible for taking appropriate disciplinary action. This may include the withdrawal of access to computing facilities, other traditional academic disciplinary actions or legal prosecution under applicable statutes.
For a hard copy of this document, please visit one of the Computer Support Supervisors located in the Research and Information Commons or in the Business Building Computer Lab. To ask questions about copyright violations, email firstname.lastname@example.org.
Gambling is not permitted on campus, with the exception of raffles by recognized student organizations which are approved by the Student Activities Office. Student-athletes and all staff that are directly associated with athletics are prohibited from participating in any bracket contests where money is paid and a prize can be won. This is considered gambling by the NCAA and a violation of their rules and regulations.
Hazing has been defined under section 6450 of the Education Law as any action or situation which recklessly or intentionally endangers mental or physical health or involves the consumption of liquids, liquor or drugs for the purpose of initiation into an affiliation with any organization. Other acts that are implied to be required for participating and/or involvement in a club or organization that may seem innocuous on the surface but are not optional, may also be considered hazing. Hazing is both a violation of the Penal Law and other laws of the state of New York. The College reaffirms its policy that it will not condone hazing of any kind. To this end, any student, faculty member, staff member, visitor, licensee, or invitee who engages in hazing may be removed from the Daemen campus and, where appropriate, shall be subject to a formal conduct review via the Student Code of Conduct and could face suspension, expulsion, or other disciplinary action. Similarly, the College will rescind permission to operate on campus property and shall prohibit the use of the College's name to any organization whose members (whether individually or in concert) engage in hazing. An organizational philosophy that supports the mission of the College and is evident in the responsible behaviors, class attendance and attentiveness, as well as positive and meaningful activities, is an excellent antidote to hazing.
Daemen College is dedicated to teaching, research, service, and the dissemination of knowledge. The College believes that the public interest is best served by creating an intellectual environment whereby creative efforts and innovation are encouraged and rewarded, while still retaining for the College reasonable access to, and use of, the intellectual property for whose creation the College has provided assistance. The College has an Intellectual Property Policy which is intended to encourage the creation of original works of authorship and inventions by faculty, staff and students while safeguarding the reputation and financial interests of the College. It is expected that, in all cases, the College and its faculty, staff and students will act in a manner as to best serve the public interest.
The general rule of ownership is that the author of a work owns the copyright, subject to certain limitations. If development of the work involved substantial use of College resources; was work made for hire or commissioned; or was developed in connection with a sponsored research project or under a specific written agreement, the college may have rights, title, and/or interest in the work. An Intellectual Property Committee makes determinations relative to the policy and reviews appeals.
Comprehensive information is found in the full text of the Intellectual Property Policy text on the College’s website. Students engaged in original research, authorship, invention, or similar endeavor which may be subject to the College’s Intellectual Property Policy are advised to consult the complete policy for information on their rights and responsibilities.
Wick Desk is the collection point for all lost and found articles. Anyone who has lost anything on campus should contact Wick Desk to report or claim the loss (839-8332). Articles not claimed by their owners by the end of the academic year are donated to charity. An electronic lost and found log is maintained by Wick Desk and every effort is made to reunite owners with their articles.
Daemen College takes student safety very seriously. To this end, the following policy and procedure has been established to assist in locating Daemen College students living in College on-campus housing who, based on the facts and circumstances known to the College, are determined to be missing. This policy has been established as required by the Higher Education Opportunity Act (HEOA) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, referred to as the Clery Act. Nothing in this policy should indicate that the College has knowledge of, or the ability to track, students’ whereabouts and activities at all times. Students are responsible for their own care and travels.
Designation of a contact person(s)
Each year, every resident student has the option to identify a contact person(s) whom the College shall notify within 24 hours of the determination that the student is missing. The contact person can be anyone and, if the student so elects, may be someone other than the person that the student has designated as his/her emergency contact person for other purposes. Resident students will be given a Missing Student Contact Registration Form which should be submitted on-line to the Office of Housing and Residence Life located on the second floor of Wick Campus Center. On-line form is located at: daemen.edu/missingperson.
This contact information is considered confidential and will be maintained separately by the Office of Housing and Residence Life and will only be shared with the appropriate College officials involved in a missing persons investigation including, but not limited to, the Vice President for Student Affairs and Dean of Students, as well as the President. The information may also be provided to the Daemen Office of Campus Safety and the Amherst Police should an investigation be conducted after a missing student report is made. A student may change or revoke his/her contact information through the Office of Housing and Residence Life. A resident student who is less than 18 years of age and not officially emancipated by his/her parents or guardian may designate a contact person; however, the student's custodial parent or guardian will also be notified within 24 hours of a determination that the student is missing.
Notification procedures for missing resident students
It is understood that resident students will have opportunities during the academic year to take weekends away to visit family or friends. When students will be away from their on- campus residence, students should inform their roommate or Resident Assistant of their plans and expected date of return for emergency contact purposes. For purposes of this policy, a student may be considered to be a “missing student” if the person’s absence is contrary to his/ her usual pattern of behavior and unusual circumstances may have caused the absence. Such circumstances could include a reasonable/reliable report or suspicion that the missing student may be endangered. Examples include, but are not limited to, possible victim foul play, expression of suicidal thoughts, possible alcohol or drug abuse, a life-threatening situation, or recent contact with persons who may endanger the student’s welfare.
Anyone who suspects that a residential student is missing should immediately notify a Resident Assistant (RA) or Hall Director and/or the Director of Housing & Residence Life (839-8200) and/or the Assistant Director of Housing & Residence Life (839-8200). If a missing student report is received by a RA or HD, the Director of Housing & Residence Life (DHRL) should immediately be notified to coordinate the investigation. The DHRL will immediately notify Office of Campus Safety and the Vice President for Student Affairs/Dean of Students.
Once such notice is received, the Office of Campus Safety and the Office of Housing and Residence Life will begin an investigation to include, but not limited to, the following:
- Call the student’s cell phone
- Send a residence life staff member to student’s room.
- Contact roommate(s)
- Access student’s vehicle information to locate and distribute to local authorities if necessary
- Access student’s class schedule and seek information on last sighting or other contact information.
- Access reports to determine the last time student used a meal card or accessed residence hall.
- If student works on-campus, contact supervisor for contact information
- Call student’s designated Missing Person Contact
- Request information from Information Technology about students last electronic sign in to Daemen’s network systems
- Office of Campus Safety may issue an ID picture to assist in identifying the missing student
- Office of Campus Safety may search on-campus public locations (library, cafeteria, etc.)
Actions upon a determination that a student is missing
If the above investigatory steps are unsuccessful in locating the student who has been missing for 24 hours, or it is apparent sooner that the student may be endangered, the DHRL or designee, after consulting with the Office of Campus Safety, will take the following actions within 24 hours:
- Contact the Amherst Police Department and other law enforcement agencies as necessary and report the student as a missing person.
- Write and file a detailed report and share it with the Police. Law enforcement will take charge of the investigation.
- Notify the designated contact person, if any, that the student is believed to be missing. For unemancipated students under the age of 18, the student's parent/guardian will also be notified.
Campus communications about missing students
Notifications to the campus community will be coordinated by the Vice President for Student Affairs/Dean of Students. Media communications will be coordinated by the Director of Institutional Communications. Information will not be released to the public unless authorized by the Vice President for Student Affairs/Dean of Students or his/her designee. All media requests will be directed to the Director of Institutional Communications. The DHRL will act as the liaison between the College and law enforcement, writing follow-up reports as needed and keeping college officials apprised of the ongoing investigation.
Reports of commuter students who are missing will be referred to the Office of Campus Safety and Amherst Police Department for investigation.
Persons who drive vehicles on campus are subject at all times to the motor vehicle laws of the state of New York, to orders of the Department of Transportation and, where applicable, to ordinances of the Town of Amherst. Operation of a motor vehicle on campus is a privilege granted by Daemen College. Serious or excessive traffic violations may result in the loss of this privilege. The Office of Campus Safety has authority over the parking lots and the general grounds.
- All motor vehicles must be registered, each academic year, with the College when operated and parked on College property (except for visitors to the College). Parking permits may be applied for on-line at: my.daemen.edu/parking. Parking permits cost $35 per year. Students should be prepared to show a valid motor vehicle registration for each vehicle that he/she wishes to register to park on campus when he/she picks up a parking permit at the Wick Center Information Desk. Any change in autos or plate numbers must be registered with the Student Affairs Office. An annual parking fee may apply.
- Resident students who reside in Canavan Hall are not eligible to park on campus proper, but rather at an off-site arrangement through Collegiate Village. These students must still register their vehicle but are not charged the annual fee. The College reserves the right to adjust where resident students park each year.
- The parking permit is to be displayed on the rear view mirror, facing outwards.
- Students should park in designated areas only or be subject to a ticket, tow, or loss of parking privileges.
- Students may not have more than one car parked on campus at a time.
- Speed limits are posted at entrances and on roadways of the campus. Speed limits vary from 5 MPH to a maximum of 15 MPH.
- Full stops are required at all stop signs.
- Pedestrians always have the right of way. Pedestrians are encouraged to use the sidewalks for optimum safety.
- Motor vehicles may not be operated on any sidewalk or grassed area. Service vehicles and authorized contractor vehicles are not included in this prohibition.
- Daemen College Campus Safety Officers and Town of Amherst Police are empowered to enforce all ordinances and laws pertaining to traffic regulations.
- Dangerous use of skates, skateboards, in-line skates, bicycles, and other forms of transport or recreation is prohibited.
- Parking is prohibited on all roadways, service drives, and areas reserved for service vehicles. Possession of a parking permit entitles the holder to park only if there is available space in the allotted parking areas and not to blocking driveways or roadways.
- Overnight parking is permitted only in designated lots to those resident students allowed to park on campus and who have a valid parking permit.
- Students will be required to move their cars from time to time to alternative designated lots to facilitate snow removal. Failure to move a vehicle upon notification by the College will result in ticketing and/or towing of the vehicle at the owner's expense.
- Daemen College may have towed, at the expense of the owner, any vehicle that is parked in violation of stated regulations. Other improperly parked vehicles will be ticketed by the College and/or Town of Amherst Police. Serious or continued violations may result in revocation of parking permit and loss of parking privileges for the remainder of the academic year (as determined by the Assistant Dean for Campus Life and the Vice President for Student Affairs and Dean of Students).
- Temporary overnight parking hangtags (for registered guests) are available at the Wick Desk.
The Insight is the online student newspaper of Daemen College, acting as a channel of communication among administrators, faculty, and students and, as such, has a right to information pertinent to the College community. As a member of the press and a member of the higher education community, a college newspaper is responsible for:
- Intellectual inquiry and consideration, the study of facts, and the analysis of action.
- Full presentation of fact as it occurs, subject only to legal restrictions relating to libel, and ethical questions relating to methods of news gathering and premature disclosure.
- Vigorous advocacy and criticism based on intellectual query and fact, subject to rebuttal through letters or columns.
Therefore, it is the policy of the Insight to accept these responsibilities in a professional manner. The content and direction of the Insight are determined by the majority of the editorial staff, acting as a responsible unit. The editorial staff consists of the Editor-in-Chief, the Managing Editor, the Business Manager, and the various Associate Editors appointed by the Editor. As an independent institution, Daemen College is legally regarded as the publisher of the Insight. Consequently, the College is liable for everything which appears in the pages of the Insight, as well as for the responsible conduct of the editorial staff. The moderator to the Insight, appointed by the College administration, acts as an advisor to the Editor in carrying out editorial policy. The moderator examines all articles submitted and has the power to prevent all statements of a potentially libelous nature from being published.
Letters submitted to the Editor must bear the signature of those responsible for the content. Letters concerning a specific issue will be printed in direct proportion to the number of opinions submitted pro and con. All letters are subject to editing by the editorial staff. The editorial staff maintains the right to withhold the name of the writer upon request.
(See also Policy Prohibiting Unlawful Harassment, Including Sexual Harassment)
After responsibility has been assigned through investigation and hearing, as outlined in the Conduct Review procedures (Section 7) of this Handbook, all perpetrators of sexual assault will be aggressively sanctioned, in accordance with the standards outlined by the Student Code of Conduct. The College will work in close cooperation with local law enforcement agencies to address this serious criminal activity. Daemen College will thoroughly investigate this violation of individuals' rights and safety when reported. In addition, the College may terminate the enrollment and/or employment of any perpetrator of sexual assault, including summarily suspending the violator to protect the College community. The institution will change a victim’s academic and living situations after an alleged sex offense if these changes are requested by the victim and are reasonably feasible.
Students are provided with educational programming to promote the awareness of sexual violence prevention. Information is provided to the campus community through new student orientation, resident assistant training, resident student education programming, as well as through applicable handbooks (faculty, staff, administration, and student).
Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, 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. Additionally, prior consent to a sexual act does not necessarily constitute consent to any other act.
Campus Sexual Assault Victims’ Bill of Rights
In accordance with the Campus Sexual Assault Victim’s Bill of Rights (1992) and section 485 of the Higher Education Act of 1965 (revised 2010), as well as guidelines provided by New York State, Daemen College has implemented the following bill of rights that shall be afforded to all victims of reported campus-related sexual assaults. These rights have been adapted for Daemen College from the language used in the Higher Education Act and are described in more detail throughout this section.
- The right to have any and all disclosures of domestic violence, dating violence, stalking, and sexual assault against them treated with seriousness and receive, from the institution, courteous, fair, and respectful health care and counseling services, where available.
- The right to have sexual assaults committed against them investigated and adjudicated by the duly constituted criminal and civil authorities of the governmental entity in which the crimes occurred, if the victim so chooses, including make a report to local law enforcement and/or the state police; and the right to the full and prompt cooperation and assistance of College staff in notifying the proper authorities. The foregoing shall be in addition to any campus disciplinary proceedings.
- The right to be free from any kind of pressure from College staff that victims:
- not report crimes committed against them to civil and criminal authorities or to campus safety and residence life staff; or
- report crimes as lesser offenses than the victims perceive them to be.
- The right to be free from any kind of suggestion that sexual assault victims not report, or under-report, crimes because:
- victims are somehow ‘responsible’ for the commission of crimes against them;
- victims were negligent or assumed the risk of being assaulted; or
- by reporting crimes they would incur unwanted personal publicity.
- The right to participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard and in so doing, to describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident.
- The same right to legal assistance, or ability to have others present, including an advisor of their choice, in any campus disciplinary proceeding that the institution permits to the accused; and the right to be notified of the outcome of such proceeding.
- The right to counseling services from any mental health services previously established by the institution, or by other victim-service entities, or by victims themselves.
- After campus sexual assaults have been reported, the victims of such crimes shall have the right to require that appropriate College staff take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact or proximity with alleged assailants, including immediate relocation of the victim to safe and secure alternative housing, and transfer of classes if requested by the victims.
- Access to at least one level of appeal of a determination.
- The right to report any inappropriate action, or lack thereof, in the handling of a reported sexual assault on the part of the College as a Title IX complaint.
- Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of Daemen College.
Additionally, and in accordance with the SaVE provision of the Violence Against Women Act (VAWA), the College will work with the student to ensure that he/she is able to continue their studies safely while the matter is addressed. This includes applying, at the discretion of the Vice President for Student Affairs and Dean of Students (or his/her designee) and as dictated by the situation and the needs of the victim, the use of administrative room changes, Orders of No Contact, Persona Non Grata orders, and/or other steps deemed necessary.
Specific procedural steps victims/survivors should take if sexually assaulted:
A student who is sexually assaulted has the right to make a report to Campus Safety, local law enforcement, and/or state police, or choose not to report. They also have the right to report the incident to Daemen College and in so doing, to be afforded immediate assistance by an appropriate official trained in interviewing victims of sexual assault; assistance will include, including any interim measures that may be indicated for their protection, as well as protection by the institution from retaliation for reporting said incident. Victims of sexual assault should go to a safe place, contact Campus Safety at 716-839-SAFE (7233), an RA, or Crisis Services of Buffalo (716-834-3131). These first responders will provide immediate assistance, including helping the student receive any medical attention that may be needed. Victims are advised not to shower or change clothing before a possible sexual assault forensic exam occurs so that all available evidence is preserved as best possible in the event they choose to report the incident. The decision to report need not be made immediately and is the student’s choice. Students are advised that the criminal justice system utilizes different standards of proof and evidence and that any questions about whether the incident violated the penal law should be addressed to law enforcement. The College official providing emergency assistance shall also explain whether he or she is authorized to offer confidentiality or privacy (as described immediately below) and shall inform students of other reporting options.
Privacy v. Confidentiality
In both the interest of the reporting student and campus community, and in compliance with federal and state laws, the College makes an important distinction between confidentiality and privacy. College officials designated as Campus Security Authorities and Responsible Persons are obligated to report certain crimes in order to ensure the safety of the overall community and accurate record keeping. The privacy of the student is protected insofar a possible by sharing relevant information only with those campus authorities who are in a position to work with the student and address the incident appropriately. This privacy is different from confidentiality which is afforded to a student who speaks with a campus counselor or outside advocacy agency such as Crisis Services of Buffalo. In those instances, no identifying information is shared or reported to campus authorities unless there is an imminent risk to the safety of the student and/or campus community.
While students are afforded all of the rights outlined in the Campus Sexual Assault Victim’s Bill of Rights, including the right to notify proper law enforcement authorities, to be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses, or to decline to notify such authorities, it should be noted that unwillingness to make a complete report to the College and/or the police will correspondingly impact the ability of the police and/or the College to take effective action or safety measures.
Even Daemen officers and employees who cannot guarantee confidentiality will maintain the privacy of a student(s) to the greatest extent possible. The information provided to a non-confidential resource will be relayed only as necessary for the College to investigate and seek a resolution.
Support for complainant
Students who are survivors of assault or harassment, including incidents that are sexual in nature, have the availability of several resources both on and off-campus, including 24/7 access to an Administrator On-Call (AOC) who is trained to specifically address these matters. Information will be provided as needed on resources for mental health counseling, medical services (including information on sexually transmitted infections and forensic examinations), legal services and any other pertinent campus or community resources. Student Affairs can work with survivors to implement persona non grata or no contact orders, manage residence hall and/or class conflicts, and similar measures as needed.
Additionally, a Campus Based Advocate from Crisis Services of Buffalo coordinates regular campus training and education, including bystander intervention for student leaders, as well as providing support in the event a student is sexually assaulted. Students can also contact any of the offices or agencies below for additional support and assistance.
Support Agencies and College Offices: Phone
Campus Safety 716-839-SAFE (7233)
Crisis Services - Victims advocate program 716-834-3131
Crime Victims Board 716-847-7992
Campus Student Counseling Services 716-839-8337
Health & Insurance Services 716-839-8446
Residence Life Staff (RA/ HD) or Directors 716-839-8200
Student Affairs Staff or Dean of Students 716-839-8332
Title IX Coordinator 716-839-8562
Enforcement Agencies: Phone
Amherst Police/Buffalo Police 911
Erie County Sheriff/Dept. of Family Offenses 716-858-6102
Erie County District Attorney/CARR Unit 716-858-2525
New York State Domestic and Sexual Violence Hotline 800-942-6906
(anonymous and confidential)
New York State Police 24-Hour Hotline 844-845-7269
(sexual assault victims unit)
Students who have sought and received outside protection from local authorities, such as a restraining order, should share that information with the College. The appropriate official, typically the VPSA (or his/her designee) will assist the student in implementing the order appropriately.
Professional counselors are retained by the College to assist students who are facing concerns of an academic, adjustment to college, personal, or social nature. They help students work through their concerns to develop appropriate alternatives, actions, or solutions. This service is confidential within the limits of Informed Consent and will be discussed in the first counseling session. The first fifteen sessions are free to Daemen students and in circumstances where more are needed and as approved by the Director of Counseling and/or Vice President for Student Affairs. Referrals to a number of community service agencies are also available.
For further information, contact the Office of Counseling Services at 716-839-8337.
Investigation and Adjudication Procedures
Complainants are entitled to a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner. See Section 7 of this Handbook (Student Code of Conduct and Procedures) for details concerning students. If the respondent is a College employee, employee handbook policies and procedures, including the Policy Prohibiting Unlawful Harassment, Including Sexual Harassment, will be referenced. Any member of the Daemen College community found responsible for sexual assault of another member of the Daemen community faces the possibility of expulsion or termination of employment, as applicable. While the College strives to respect the wishes of a complainant who reports an act of sexual violence, the institution may be required to take certain actions, regardless of the wishes of parties involved, if there is a real or perceived threat to an individual or the campus community. In those instances, the Complainant will be informed in advance of what steps need to be taken. All evidence and information collected during the investigation will be maintained by the College through the Conduct Reporting system in accordance with record retention policies of the institution.
Anyone interested in accessing information on registered sex offenders in the area can access the Sex Offender Registry at criminaljustice.ny.gov/nsor/
- Purpose. Daemen College is committed to offering educational and employment opportunity based on ability and performance in a climate free of discrimination. Discrimination is prohibited at this institution not only because it is unlawful, but because it is wrong. Please refer to the College’s Policy on Nondiscrimination, Equal Opportunity, and Affirmative Action for a comprehensive statement of the College’s commitment in this regard. Among the forms of discrimination prohibited by the College is unlawful harassment, including sexual harassment, by employees as discussed in this policy. In addition, the College will endeavor to protect students and employees, to the extent possible, from reported harassment at the College and in the workplace by students, vendors, or other non-employees, and when appropriate, will take steps to prevent College employees from harassing non-employees.
- Definition of Terms. For the purpose of this policy terms such as sexual harassment, discrimination, and retaliation are defined pursuant to the applicable state and federal law.
- Sexual Harassment. It is the policy of Daemen College not to discriminate on the basis of sex, including sexual harassment, in its educational programs, activities or employment policies as required by Title IX, Education Amendments of 1972, Equal Employment Opportunity Commission regulations, and other applicable antidiscrimination laws.
Sex discrimination in the form of harassment on the basis of sex includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education status; or b) submission to or rejection of such conduct by an individual is used as the basis for educational or employment decisions affecting such individuals; or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive working or educational environment. Daemen College will take all steps necessary to prevent such discrimination and effectively address incidents of unlawful harassment, including the imposition of appropriate sanctions. As examples, the following kinds of conduct, or others with a similar harassing effect, are absolutely prohibited if such conduct falls within the definition stated above:
- Abusing an employee or student through insulting or degrading sexual remarks, jokes, innuendoes, or other sexually oriented conduct (including, among other things, graphic or descriptive comments relating to an individual’s body or physical appearance, sexually oriented teasing or pranks, improper suggestions, objects or pictures, or unwanted physical contact); or
- Threats, demands or suggestions that an employee’s or student’s status depends in any way upon tolerating or accepting sexual advances or sexually oriented conduct.
- Sexual violence, defined as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s age, use of drugs or alcohol, or intellectual or other disability.
Any harassment of Daemen College employees, students, or applicants, or third parties (such as participants in College sponsored events) in violation of these rules is absolutely prohibited and will not be tolerated. Interim protective measures may be made while a complaint is investigated. Both complainant and respondent shall be treated equitably throughout the investigation.
Conduct that occurs off campus, including but not limited to that perpetrated electronically, by social networking or email, is also subject to investigation and an appropriate response under the Policy to the extent that such conduct contributes to a sexually hostile environment on campus.
Sexual harassment is illegal under both state and federal law. Inquiries regarding compliance with Title IX and New York State law 129-B may be directed to the Title IX Coordinator (Shenck Hall 209B, 716.839.8562). Inquiries regarding compliance with all other state and federal discrimination laws may be directed to the Associate Vice President for Academic Affairs (DS 102, 716.839.8301), who is the College’s Equal Opportunity and Affirmative Action Officer.
- Other Unlawful Harassment. Unlawful harassment is defined as verbal or physical conduct which denigrates or shows hostility or aversion to an individual because of his or her sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law, or that of his or her relatives, friends, or associates, and which:
- Has the purpose or effect of creating an intimidating, hostile, or offensive working or educational environment; or
- Has the purpose or effect of unreasonably interfering with an individual’s performance; or
- Otherwise adversely affects an individual’s employment or educational opportunities.
As examples, the following kinds of conduct, or others with similar harassing effect, are absolutely prohibited if such conduct falls within the definition stated above:
- Abusing an employee or student through epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts (even if claimed to be “jokes” or “pranks”) which relate to sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law; and
- Written or graphic material which denigrates or shows hostility or aversion toward an individual or group because of sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law.
Any harassment of Daemen College employees, students or applicants in violation of these rules is absolutely prohibited and will not be tolerated.
- Retaliation. Retaliation against employees, students, third parties (such as participants in College sponsored events) or applicants for exercising their rights under this policy is also strictly prohibited and will not be tolerated. This includes retaliation against employees, students, third parties (such as participants in College sponsored events) or applicants for inquiring about their rights, or for making an honest complaint of a violation or possible violation, or for truthfully assisting in a complaint investigation. Claims of retaliation should be reported to the Associate Vice President for Academic Affairs (DS 102, 716.839.8301), who is the College’s Equal Opportunity and Affirmative Action Officer or the Title IX Coordinator (SH 209B, 716.839.8562) as applicable.
- No One Has Authority To Violate This Policy. Under no circumstances does any faculty member, administrator, trustee, other employee, or student of the College or any other person, including vendors and sub-contractors, have any authority whatsoever to engage in discriminatory, harassing, or retaliating conduct in violation of this policy. If anyone claims to have such authority, or if an employee, student, third party (such as participants in College sponsored events) or applicant has a question about whether objectionable conduct is authorized by the College, the College’s Equal Opportunity and Affirmative Action Officer (DS 102, 716.839.8301), should be contacted.
- Academic Freedom. As an institution of higher education, Daemen College, its employees and students also must be aware of the need for freedom of inquiry and openness of discussion in its educational and research programs, and must strive to create and maintain an atmosphere of intellectual seriousness and mutual tolerance in which these essential features of academic life can thrive. No college can or should guarantee that every idea expressed in its classrooms or laboratories will be inoffensive to all; pursued seriously, education and scholarship necessarily entail raising questions about received opinions and conventional interpretations. Daemen College does guarantee, however, that credible accusations of inappropriate remarks or conduct that may violate the College policy prohibiting discrimination and harassment will be investigated promptly, thoroughly, and fairly.
- Procedures. Employees, students, and applicants are encouraged to promptly report any conduct that they believe violates this policy. If the College does not know about the conduct, it cannot act. Complaints or inquiries should be made to the Associate Vice President for Academic Affairs who is the College’s Equal Opportunity and Affirmative Action Officer. In the case of student-on-student conduct, complaints or inquiries should be made to the Vice President for Student Affairs and Dean of Students (Wick Center, 716.839.8519) for investigation and adjudication under the Student Conduct (Disciplinary) Procedures outlined in the Student Handbook. The Vice President for Student Affairs and Dean of Students will report any allegations of Title IX violation to the Title IX Coordinator. Alternatively, an individual may initially discuss the matter with any other employee of the College, or involve any other person to help in bringing the complaint forward, provided the complaint is promptly brought to the attention of the Associate VPAA or Dean of Students, to ensure consistency and centralized decision-making in the application of this policy. Complaints may also be made anonymously through U.S. or campus mail to the Title IX Coordinator, Daemen College, 4380 Main Street, SH 209B, Amherst, New York, 14226.
Discrimination and harassment complaints will be handled pursuant to the Grievance or Bias Report Procedure in Discrimination and Harassment Cases or Student Conduct (Disciplinary) Procedures as applicable. Ordinarily, the VP for Student Affairs and Dean of Students will investigate complaints of student-on-student harassment; the Associate VP for Academic Affairs, as EO/AA Officer, will investigate any complaints involving employees. Complainants will be encouraged to express their wishes for resolution of the matter. Complainants of sexual violence shall be entitled to necessary interim actions to protect them. When complainant and respondent are both members of the campus community, interim measures will be taken to ensure safety and equitability during the investigation. Both the complainant and the respondent shall have equal opportunity to present relevant evidence and to appeal determinations as provided for in the above policies. Both the complainant and the respondent will receive in writing the outcome of the investigation.
Complaints and inquiries will be kept confidential to the extent practicable, consistent with the need to conduct an adequate investigation. Reasonable steps will be taken to honor a party’s request regarding confidentiality and/or pursuit of investigation, but such requests must also be evaluated in the context of the College’s responsibility to provide a safe and nondiscriminatory environment for all persons and/or to warn the College community of possible danger. The College will inform the parties if confidentiality cannot be ensured. Any employee or student who is found to have violated this policy will be subjected to appropriate disciplinary measures up to and including termination or expulsion.
Individuals with complaints of discriminatory harassment may also have the right to file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education. An employee may also have the right to file a charge with the United States Equal Employment Opportunity Commission (“EEOC”), the Office of Civil Rights (“OCR”), or the New York Division of Human Rights (“SDHR”). A charge should be filed with the EEOC within 300 days of the most recent date that the unlawful conduct occurred, or if filed with the OCR, within 180 days, or if filed with the SDHR, within one (1) year. Reporting to the College is critical, however, because if the College does not know about the conduct, it cannot act.
No one should allow conduct that may violate this Policy to continue unreported. It is extremely important that this be reported so that the College can act to stop such conduct at the earliest possible time. Daemen College provides training for employees on recognizing and preventing unlawful harassment, including sexual harassment: all employees are expected to participate in such training.
Grievance Procedure in Discrimination and Harassment Cases
- Policy. It is the policy of Daemen College, in accordance with federal and state laws including, but not limited to, Title IX of the Education Amendments of 1972, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the New York State Human Rights Law, not to discriminate on the basis of sex, sexual orientation, gender, race, color, creed, religion, veteran or military status, national origin, age, disability, familial status, marital status, domestic violence victim status, status as an ex-offender, arrest record, predisposing genetic characteristics or genetic information, or any other characteristic protected by federal or New York State law against any person with respect to employment, admission to the College, or in participation in any College program or activity. Also in accordance with these laws, it is the policy of the College to prohibit harassment of any student, employee or applicant on the basis of the statuses outlined above. All complaints alleging a violation of this policy will be investigated and appropriate remedies will be instituted.
- Responsibility. Every person in the College community is responsible for compliance with this policy. The Associate Vice President for Academic Affairs as the Equal Opportunity and Affirmative Action Officer has been given day-to-day responsibility for implementing this policy.
- Grievances. All grievances or complaints alleging a violation of the College’s nondiscrimination policy and policy prohibiting unlawful harassment should be submitted to the Associate Vice President for Academic Affairs who is the Equal Opportunity and Affirmative Action (EOAA) Officer (Room DS 102, 716.839.8301). The EOAA Officer will also inform the Title IX Coordinator of any grievance that may constitute a violation of Title IX. Grievance forms are available in the office of the EOAA Officer, but any form or format may be used provided it is identified as a grievance. A grievance should contain a statement of the facts identifying the violation and as much supporting documentation as possible. Upon request, assistance in preparing the grievance will be supplied by the EOAA Officer. Those filing a grievance should also express their view of a possible resolution to the problem. A grievance should be filed as soon as possible after the alleged discrimination has occurred (usually within 30 days). A delay in filing a grievance may impact the ability of the College to investigate and resolve the grievance.
- Grievance Processing
- Step 1. The EOAA Officer will attempt to resolve the matter as simply and as quickly as possible by informally meeting with the relevant persons in an effort to reach an acceptable agreement. If the complaint involves an alleged sexual assault, the matter will immediately proceed to Step 2 below; no informal mediation will be undertaken. Cases of alleged sexual assault in which both the complainant and respondent are students will follow the procedures outlined in the Student Code of Conduct.
- Step 2. Unless an acceptable resolution is reached in Step 1, the grievant may request that the matter be referred to the appropriate Cabinet member (Vice President for Academic Affairs (VPAA) in the case of a faculty grievant) for a more formal investigation. Such request may be made at any time, but not later than ten (10) days after notification that the Step 1 procedure is completed. Within thirty (30) days thereafter, the Cabinet member or VPAA or his/her designated representative (Grievance Officer) will conduct an investigation with respect to the grievance. (Should the grievance be against either the EOAA Officer or the Cabinet member, the grievant should notify the Director of Human Resources who will arrange for another Grievance Officer to be appointed.) Efforts will be made to complete the investigation within 45 days after Step 2 is initiated.
During the investigation, the grievant shall have the right to present evidence and witnesses. The Grievance Officer will also examine other relevant evidence and witnesses, including professionals where appropriate. The Grievance Officer shall render a written decision on the grievance applying a preponderance of the evidence standard. A copy of the decision will be provided to the grievant and accused party(ies). Either party may seek review by the College President of all or part of the Grievance Officer's decision by filing an appeal with the Office of the President within 10 days after the decision is rendered. The President in conjunction with legal counsel for the College will review the decision to determine whether it is supported by substantial evidence and that the College substantially complied with applicable procedures. The President's decision will be rendered within 30 days of filing the appeal. The President may affirm the decision, modify the decision, or return the matter for further investigation. Should the President be the accused party, the appeal will be made to the Executive Committee of the Board of Trustees, which will review and rule upon the Grievance Officer’s decision.
Official College announcements are posted on bulletin boards located throughout the campus. All student organization activity announcements must be approved by the Director of Student Activities or they cannot be guaranteed space on official bulletin boards. The College is not responsible for the removal of banners, signs, or notices. Announcements should be removed by the sponsoring organization as soon as they become outdated (within 24 hours after an event). NOTE: posters and flyers are not permitted on windows or doors, or anywhere in the building stairwells.
Daemen College is a Tobacco Free Campus and therefore, smoking is prohibited at all times on campus grounds. Campus grounds include all Daemen owned property including the Academic and Wellness Center, and property along Getzville Road and Campus Drive, as well as all residence hall rooms, apartments, and common areas. State law and local fire ordinances prohibit smoking in all areas of public buildings.
Neither solicitation nor proselytism will be tolerated on College property without the express permission of the Vice President for Student Affairs and Dean of Students. This policy does not pertain to the basic and free practice of a student's personal religious belief, as long as religious activities do not infringe upon the rights of others or disrupt the educational functions of the College.
Daemen College recognized student organizations may be granted permission to conduct fundraising activities as approved by the Student Activities Office. The College does not permit solicitation by credit card companies on campus in any manner, including indirect affiliations with fundraising activities by student organizations.
Anyone suspected of soliciting without administrative permission should be reported immediately to Security, the Director of Housing and Residence Life (in the case of residence halls), or to the Vice President for Student Affairs and Dean of Students (in case of other campus buildings).
Daemen College is committed to serving its students effectively and responsively. Students with questions or complaints should communicate directly with the department or office concerned, with a view to resolving the issue as expeditiously as possible.
Ordinarily, disputes with faculty members should be brought to the attention of the chair of the faculty member’s department or, if the dispute involves the chair, to the divisional dean. A student may choose to use the online Bias Report Form, if pertinent, for assistance in resolution. If necessary, the Associate Vice President for Academic Affairs is also available to help resolve concerns expressed by both students and faculty. Disputes concerning grades (including determinations of academic dishonesty) are handled exclusively in accordance with the Grade Appeal Procedure found in the College Catalog and the Student Handbook.
Disputes with non-faculty employees should be brought to the attention of the employee’s supervisor for review and resolution.
Students at the college level, regardless of age, have both the right and responsibility to represent themselves in all matters concerning their education. This includes their ongoing development of those life skills necessary to functioning as capable and successful adults in the workplace and beyond. As such, the direct involvement of parents or other personal advocates in dispute resolution at the college level is generally considered inappropriate.
Students wishing to discuss an issue concerning a College employee are welcomed and encouraged to speak with an advisor in the Student Success Center (Research & Information Commons, first floor). Advisors can be valuable sounding boards who, while not “taking sides,” can help students clarify issues, explain any pertinent policies or procedures, and give supportive guidance on the student’s options.
Typically, in cases where the dispute potentially includes a violation of the Student Code of Conduct, the situation will be addressed via the procedures set forth in this handbook under the Conduct Review Procedures.
If discrimination in violation of College policy or the law is alleged or suspected, the Associate Vice President for Academic Affairs (EOAA Officer/Title IX Coordinator/ADA Coordinator) must be consulted and the Grievance Procedure in Discrimination Cases be followed if appropriate.
Daemen College deeply values freedom of expression and encourages all members of the College community to engage in thoughtful discourse, debate, and the exchange of ideas. The very nature of a college environment challenges members of its community continually to question the world in which we live, and to think critically and creatively in an effort to enrich our lives and our community. The College does not guarantee, or even endeavor to provide, a campus environment free of expressions that may offend currently held paradigms; however, the College does retain the right to limit expressions that are antithetical to the values of the Mission of Daemen College or that violate the Student Handbook Code of Conduct. The student newspaper is additionally regulated by the College's affiliation with the Associated Collegiate Press and their attendant guidelines. See the STUDENT DISPUTE RESOLUTION PROCEDURE in this Handbook to appeal decisions made that limit freedom of expression, and/or other disciplinary decisions made by the College.
The health and safety of members of the Daemen College community is of primary interest to the institution. When alerted to a student who may be in imminent danger of harming themselves, the College will take all reasonable steps to get that student help quickly and compassionately while working to preserve that student’s academic progress. These steps could include, but are not limited to, requiring a psychiatric evaluation from an outside professional before returning to class, calling proper authorities, including police, rescue, and crisis services to assess the situation, and implementing a “Statement of Expectations” regarding specific tasks the student must follow. Students who have indicated a direct harm to themselves and who refuse to get an evaluation from a medical professional would be subject to follow-up through the Student Code of Conduct.
Before you reserve, drive, or accompany a van, please be aware of the following insurance restrictions placed on the College regarding the usage of the College vans to transport personnel.
The Van Coordinator is responsible for scheduling the use of the College vans. The College vans may be used by any organization, residence hall, or group recognized by the College, according to the following guidelines; however, use of the vans is a privilege, not a right. This privilege is subject to van availability. The Van Coordinator reserves the right to deny requests based upon anticipated need or requested purpose. Those who abuse the privilege, as determined by the College, may be prohibited from using the vans. Any groups denied use of the vans may appeal to the Vice President for Student Affairs and Dean of Students.
- Requests for use of a van should be made 5-7 days in advance to the Van Coordinator. Last-minute requests may be denied. Vans are reserved on a first-come, first-served basis; however, official use of the vans by the College has priority over the use of vans by student groups and organizations. Any changes or cancellations must be communicated to the Van Coordinator immediately; failure to do so may affect future request approval.
- The vans will be used primarily for travel in and around the vicinity of Daemen College by groups of at least six individuals (not further than a 75 mile distance from the College). The van is not allowed to leave the country (no trips to Canada).
- Only members of the Daemen College community may ride in the College vans. A list of all passengers must be provided to campus safety at the time of van pick-up.
- A group may be denied the use of a van at the discretion of the van coordinator if:
- The group requesting a van plans to attend a bar or other social event where the activity will include the consumption of alcohol.
- The presence of the Daemen van will reflect negatively on the College.
- The van is requested for use beyond midnight, without good cause.
- Drivers of a College van must turn in a photocopy of their current driver license to the Van Coordinator in Wick Center, and may also be asked to present a conviction stub, if applicable. In addition, drivers will need to sign a release to have their driving record investigated by the New York State Department of Motor Vehicles. Drivers are required to be staff or faculty at the College, and free of any driving-related convictions within the last two years. Drivers must also have no current, unsatisfied social sanctions pending at the College.
- If a group does not have an approved driver, a driver may be requested. To request a driver, their service must be required for at least 3 hours. If a driver is supplied, the group will be charged for the driver’s services.
- Drivers are responsible for following all motor vehicle regulations and laws. Should a trip exceed 8 hours, multiple approved drivers will be required.
- Riders are responsible for wearing their seat belts at all times in the vehicles.
- No food or beverages are allowed in the vans.
- Groups using a van overnight must be accompanied by a faculty or administrative person employed by the College on a full-time basis.
- The group is responsible for any tolls and/or parking fees.
- Van drivers/passengers may not drink alcohol nor use drugs which can affect driving performance during the entire time that they have possession of a van. Alcohol is not permitted inside a College van; smoking is not permitted in the van.
- Keys to the vans may be picked up at the Campus Safety Desk in the Wick Center. A reservation confirmation with the appropriate signatures must be brought to Campus Safety when picking up the keys along with a list of passengers.
- When arriving back to campus, the driver will return the van to the proper parking area and ensure the van is locked and secure. The keys must be returned to the Campus Safety Officer on duty. The group must remove any debris from the van interior. The group may be charged for gas or any damages and may restricted from any further use if determined necessary.
- Any negative incidents and/or legal infractions involving the van may result in restrictions in use or complete revocation of the van-use privilege.
Daemen College requires all trustees, officers and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the College, we must practice honesty and integrity when fulfilling our responsibilities and comply with all applicable laws and regulations. The College’s internal controls and operating procedures are intended to detect, prevent or deter improper activities; however, even the best systems of control cannot provide absolute safeguards against irregularities. Accordingly, the College has adopted this Whistleblower Policy to provide a mechanism to assist and encourage trustees, officers and employees to come forward in good faith with reports or concerns about suspected compliance issues on a timely basis.
It is the responsibility of all trustees, officers and employees to report suspected financial misconduct. This Whistleblower Policy governs only the reporting and investigation of suspected financial misconduct, such as violations of applicable laws, external regulations, College policy of a financial nature or misuse of College resources. Financial misconduct may include, but is not limited to, ethics violations, fraudulent transactions, conflicts of interest, inappropriate expenditure of funds, questionable internal controls and failure to comply with accounting standards and audit practices, theft or inappropriate use of cash or other College resources, falsification of hours worked for payroll purposes and inappropriate spending of cash through the accounts payable process. The policy is not intended and may not be used for personal or employment grievances, general compensation and benefit complaints, opinions on policy, etc. Such concerns should be pursued in accordance with pertinent policies articulated in employee and student handbooks and as discussed in section X below. While this policy pertains only to trustees, officers and employees of the College, students with concerns in this regard are encouraged to discuss their concerns with the VP for Student Affairs and Dean of Students, who will determine the most appropriate course of action.
The complete policy may be viewed on the College's website at: daemen.edu/employeepolicies.
Crime Reporting Policy
Daemen College strives to maintain a safe campus and relies on all members of the campus community to do their part to keep our campus safe. Any member of the campus community – faculty, student, staff, trustee – who observes criminal activity on the Daemen main campus or at any off-campus instructional site is expected to report such conduct promptly to the police and to the Office of Campus Safety. (Persons designated as Campus Security Authorities (CSAs) under the Clery Act or Responsible Persons under Title IX are obligated to report criminal activity and have received training accordingly.)
Criminal activity includes but is not necessarily limited to: physical assault, including sexual assault and abuse; burglary, robbery, arson, unauthorized display or use of a dangerous weapon, and the illegal distribution or manufacture of controlled substances. If you observe a crime, phone 911 immediately and follow the instructions of the police. Contact Campus Safety immediately thereafter. Any crime directly involving a member of the campus community, whether as victim or alleged perpetrator, should also be brought to the prompt attention of the Office of Campus Safety. In addition, there are occasions when minors (persons under 18 years of age) are on the Daemen College campus or involved in College events. Any person who observes the sexual abuse of a minor or has a reasonable suspicion of such abuse, should immediately notify Campus Safety and the local police authorities (call 911). A call may also be made to the NYS Child Abuse Hotline at 1-800-342- 3720. Any such conduct involving a Daemen student or employee should also be brought to the attention of the Office of the President. The prompt reporting of criminal activity is essential to securing a safe campus environment for all persons, including guests and members of the public. No one is exempt from the expectation of law-abiding behavior. There shall be no form of retaliation within the Daemen College community against any person making a good faith report of suspected criminal activity.