The Manhattan College Community Standards and Student Code of Conduct contains the rules and regulations of Manhattan College to which all members of the college community agree to abide. The College reserves the right to revise any of the information, policies, procedures, rules or regulations in this document at any time.
Any revisions to the Manhattan College Community Standards and Student Code of Conduct will be highlighted in red text for six months from the date of revision.
Welcome to Manhattan College, a Lasallian Catholic College. At Manhattan College, we remain very closely tied to our roots, namely the Institute of the Brothers of the Christian Schools founded by St. John Baptist de La Salle more than 300 years ago in France. In particular, the expectations for student behavior, our Community Standards and Student Code of Conduct are directly influenced by the ideas of de La Salle from the 17th century. These time-tested beliefs and ideals continue to guide Manhattan College as a community in the 21st century.
As in all institutions of higher education, Manhattan College is guided by the basic values of civility, safety and the discourse of ideas. Taking seriously our role as a Lasallian Catholic institution though, we have standards specific to our identity. As a Catholic institution our respect for the complementary nature of faith and reason, our respect for the wellspring of Catholic academic thought and our reliance on the rich Catholic heritage of arts and classic works is witnessed. Also, the sense of Catholic spirit witnessed through campus ministry, social justice, our curriculum and daily sacramental offerings imbue our campus with our distinctively Catholic mission and identity.
As did John Baptist de La Salle in his ministry, we continue to adapt to a changing culture and the changing needs of our students, while remaining true to the core values of the Lasallian mission. Beginning with the Perpetual Vow, taken by de La Salle and the early Brothers in 1694 at Vaugirard, France, we are foremost a community that works “together and by association.” This theme will resonate throughout your time at Manhattan and is a fundamental principle in the ethos of the Manhattan College community.
The Manhattan College community continues to aspire to John Baptist de La Salle’s appeal/demand for civility and decorum. “The practice of decorum and civility…is the wise and well regulated conduct that governs what we do and say. It arises from sentiments of modesty, respect, union, and charity toward our neighbor.” These time- tested ideals apply directly to the expectations of the current Manhattan College student in all settings, at all times.
While we all fall short of civility and decorum at times, we remain true to de La Salle by imposing corrections in cases where the Manhattan College standards are not met. In developing the community standards and the code of conduct infractions and sanctions, we are directly linked to John Baptist de La Salle’s disciplinary model. De La Salle outlines numerous qualities that are required when administering disciplinary corrections to students; included among these traits are the spirit of prudence and justice. We are conscious of these qualities and remain close to a core principle of de La Salle’s that “no correction should be administered unless it is considered useful and advantageous.” The goal of sanctions is to educate and offer developmentally appropriate opportunities for growth for the individual. However, while the individual is important, the larger community is also considered when administering corrections/sanctions. As a result, in order to protect the community at large, there are times when a severe sanction may be the appropriate conclusion.
We fully expect that as members of the Manhattan College community, you will read and understand the Community Standards and Code of Conduct that follow on these pages. It is the responsibility of each student to be cognizant of the expectations, the infractions and the possible sanctions for all manner of activity as a Manhattan College student.
Living the following Lasallian virtues will help you maintain a positive approach as a Manhattan College student and will certainly help you avoid the difficulties associated with violating the Community Standards and the Student Code of Conduct.
Inspired by Br. Agathon, FSC, Superior General - 1777-1795 The Institute of the Brothers of the Christian Schools
As a Manhattan College student, I will not lie, cheat, or steal in my academic endeavors, nor will I accept the actions of those who do. I will conduct myself responsibly and honorably in all my activities as a Manhattan College student. I am accountable to the Manhattan College community and dedicate myself to a life of honor.
a. making decisions that can be justified, not as excusable or understandable, but as honorable;
b. observing the guidelines for academic integrity and collaboration set forth by individual faculty members;
c. adhering to all College regulations;
d.reporting suspected Honor Code violations.
1 Adapted from the Honor Codes of Duke University and Wellesley College
The Student Code of Conduct outlines specific behaviors which are seen as contradictory to the Lasallian mission and for which students will be held accountable. The Student Code of Conduct applies to all students individually as well as to collective groups. Manhattan College retains the right to hold students accountable for behavior which extends to off-campus activities, including College-sponsored and non-College- sponsored events.
Students who are separated from the College while there are judicial charges pending within the College will be required to engage in the judicial process either before leaving or following their return to campus. A few examples of such separation might be medical withdrawal, administrative withdrawal, study abroad, etc.
Students found responsible for behavior that violates the Student Code of Conduct at the level of suspension from the College or expulsion from the College are considered students “not in good standing.” Should a student be suspended or expelled from the College during the first five weeks of any given semester, that student forfeits the right to the usual reimbursement fee schedule. Any federal financial aid will be prorated according to Title IV of federal aid guidelines.
The following code of conduct is consistent with Lasallian community standards. The expectations set forth apply to all Manhattan College students in an effort to foster a community that strives for excellence in learning and living.
Manhattan College students are expected to comply with alcohol laws of New York State, especially as they relate to underage drinking. Under current New York state law, individuals under 21 years of age may not possess or consume alcoholic beverages, nor may individuals over 21 years of age furnish alcoholic beverages to those less than 21 years of age. Consistent with New York State law, the following College policies are in effect:
Depending upon the severity of the incident(s):
Depending upon the severity of the incident(s):
In an effort to acquire alcohol while underage, individuals sometimes rely on forged licenses and identifications. We address this issue with alcohol policy and guidelines due to the fact there are laws which address purchasing alcohol with forged identification.
Criminal charges may be brought against an underage person who alters and/or possesses a false or fraudulent written instrument officially issued or created by public office, public servant or governmental instrumentality. Those who manufacture or alter an ID or driver’s license may be criminally charged with:
Alcoholic beverage control law and penal law have criminal penalties for attempting to purchase alcoholic beverages with an altered or false New York State driver’s license. New York State penal law defines a misdemeanor as a crime punishable by imprisonment for more than 15 days but no more than one year. A felony is a crime punishable by imprisonment for more than one year.
Manhattan College also reserves the right to sanction students who alter their Manhattan College identification or transfer their identification to another individual in any attempt to mislead or deceive individuals that would inspect said identification (i.e. Public Safety, food services, College officials, etc.).
The unauthorized selling, purchasing, possession or distribution of drugs and other illegal substances, including, but not limited to narcotics, depressants, stimulants or hallucinogens is in violation of the Student Code of Conduct and state and federal laws. Manhattan College is not a sanctuary from civil authorities. The use of prescription drugs without a prescription or inconsistent with the prescribed dosage is prohibited. The College will cooperate with law enforcement agencies in apprehending specific individuals whose activities the authorities have good reason to suspect. Possession or distribution of synthetic or herb-based drugs is prohibited. The use of hookahs on campus is prohibited; if found in the residence halls, hookahs will be confiscated.
1. Distribution of Drugs and Illegal Substances: The distribution of marijuana, narcotics, and prescription medication and other illegal substances is strictly forbidden by the Student Code of Conduct. It also violates state and federal law. Evidence of sale and/or distribution may be reported to local law enforcement agencies. The possession of drugs or illegal substances in significant quantities may, by itself, indicate the intent to distribute such drugs or illegal substances.
2. Possession and Use of Drugs: The possession and/or use of such drugs and drug paraphernalia is strictly forbidden. The use of prescription drugs without a prescription or inconsistent with the prescribed dosage is prohibited. While we recognize the use and misuse of substances as a health issue, we also are aware of its negative impact on the larger community.
Possession of dangerous or lethal weapons, guns, knives, explosives, firecrackers or combustibles, paintball guns, flares etc. is prohibited. All replica weapons including decorative weapons for display are prohibited. Paintball guns, pellet guns and accessories are prohibited. Legal items converted to illegal use are prohibited (i.e. replica weapon, fake handguns etc.).
Forcing or coercing someone to have any type of sexual intercourse or unwanted sexual contact (i.e., fondling) is against the law. Specifically, in New York State, if a person is forced to engage in any sexual act, or if he/she is unable to consent, the behavior of the perpetrator is considered unlawful. Forcing someone to engage in a sexual act includes the use of physical force, or the use of nonphysical means, such as verbal and nonverbal threats that the victim believes places him/her in fear of injury or death. A person may be unable to consent due to a variety of factors, including status as a minor, mental impairment or incapacity due to intoxication or other substance-induced condition. (See also, Nondiscrimination, Sexual Harassment and all other forms of Harassment Policy.)
Harassment is abusive or threatening language, behavior that intentionally or recklessly abuses, ridicules, or mocks a person that may adversely affect his or her learning, living, or working environment. Examples include but are not limited to profanity, lewd pictures or words, and could involve:
Physical harassment or assault includes any action or situation that produces the physical discomfort of an individual or group or that places the individual or group in danger of physical injury, including but not limited to, punching, kicking, scratching, spitting, use of weapons, pushing, etc.
The college environment is designed as a place of safety to encourage the exchange of differing ideas and viewpoints. Students are expected to handle conflict without the use of force. In the event of physical threat, students should pursue every means possible to avoid physical retaliation. Students are encouraged to contact Public Safety to avoid physical altercations.
Hazing in any form is expressly prohibited at Manhattan College. New York State defines hazing as a crime “when, in the course of another person’s initiation into or affiliation with any organization, he or she intentionally or recklessly engages in conduct which creates a substantial risk of physical injury.” The College considers hazing to include, but not be limited to: conduct or an activity, whether on or off campus, that is demeaning to an individual, produces mental or physical duress, harassment or ridicule, or which threatens or endangers the health or safety of any person. Examples of prohibited actions that are considered hazing include: paddling in any form, creation of excessive fatigue, physical and psychological shocks, morally degrading or humiliating games or activities, late (post-midnight) work sessions that interfere with scholastic activities and any other activities not consistent with the policies and regulations at Manhattan College.
The prohibition applies to individuals and also to organizations such as student clubs, social fraternities or sororities, athletic teams or any similar College-related group.
Fire poses a serious risk to everyone on campus and fire safety equipment, such as smoke detectors, fire extinguishers, fire alarm pull boxes and emergency routing signs, are installed in each College facility and residence hall for your protection (also, see Fire Safety Policy and Fire Safety Prohibited Items). Tampering with or misusing any fire safety device, jeopardizes your safety and the safety of others and will result in disciplinary action and/or arrest. Actions considered a violation of fire safety regulations include, but are not limited to:
Vandalism or theft of College, organization, or personal property (including, but not limited to library, computer files, or any other personal possessions, etc.) is a violation of the Student Code of Conduct and Community Standards.
As it is not possible to list every possible violation of the Student Code of Conduct that can occur, we are offering a general list of violations that can be adjudicated applying the Student Code of Conduct. These issues can occur in a wide variety of settings, both on and off campus and may require a wide range of sanctions depending on the severity of the situation. Please refer to the continuum of disciplinary sanctions to inform yourself of potential outcomes. The following violations are often self-explanatory, but deserve specific mention in the Student Code of Conduct.
The aforementioned list of violations is not exhaustive; however it gives a solid foundation for the types of behavior that violate the Student Code of Conduct. Again, depending on the specific situation, these violations can result in a variety of sanctions that exist on the continuum of sanctions which follows. As a reminder, the adjudication of such offenses shall be considered from a Lasallian model of educational opportunity. The well-being of the collective community is also considered in light of individual conduct.
Courtesy hours are in effect 24 hours a day, 7 days a week. This means that music, conversation, TV volumes and all other noise should be respectful of community living.
Quiet hours are from Sunday through Thursday, 11:00 p.m. to 8:00 a.m. and on Friday and Saturday from midnight to 8:00 a.m. This means that music, conversation, TV volumes and all other noise should not emanate beyond one’s room.
The guest policy provides resident students the opportunity to have friends visit while respecting the rights of roommates and suitemates to a studious atmosphere. There are designated times during the year when guest privileges are restricted. Residents should speak to their RA or RD if a visitor or guest is infringing on their right to a comfortable living environment.
MC Student Policy: Manhattan College students may enter any residence hall from 8:00 a.m. until midnight with a valid Manhattan College student ID that will be shown to Public Safety personnel. From midnight until 8:00 a.m., a student who wishes to enter a building in which they do not reside, will be signed into that building by a resident. The building resident (host) whom the student is visiting meets the student at the lobby of the building and signs the visitor into the building. Residents may host up to two visitors at any one time.
Guest Policy: A guest is any non-Manhattan College person who comes to campus to visit a Manhattan College resident. A guest is either a “day” guest or an “overnight” guest and is to be no younger than 17 years of age.
Day Guest: A day guest meets the resident student in the lobby before entering the building and registers with the building’s Public Safety or with the residence life staff on duty. The host signs in the guest, who leaves a photo identification card with Public Safety or the residence life staffer, and the host signs his/her name. When they leave the building, the guest takes his/her ID and hands it in again if he/she reenters the building. Residents are responsible for their guests for the duration of the visit. Residents may host up to two visitors at any one time. A day guest is required to leave the building no later than midnight. No day guests are allowed in the residence halls starting with the last day of classes and through the remainder of the exam schedule.
Overnight Guest: Residents may have an overnight guest for up to two consecutive nights and three consecutive days, leaving no later than noon on the day the guest pass expires, otherwise the ID will be forwarded to the Public Safety office in Jasper Hall. Residents may host guests for up to 6 nights per month at two day intervals, and no more than 2 guests at any given time. The resident who plans to have an overnight guest is expected to provide the courtesy of a discussion with one’s roommate(s) prior to having an overnight guest. The resident must accompany their guest at all times on campus and is responsible for the guest’s behavior while on campus.
The resident must complete a guest pass and get approval from one’s resident director at least 24 hours in advance of the visit. Once approved, the resident or guest must carry the approved guest pass with him/her at all times. The guest leaves a photo ID with Public Safety or the residence life staff on duty in the residence hall each time they enter the residence hall and claim it each time they leave.
A host of the same gender is required when a guest of the opposite gender is visiting overnight. Opposite genders may not reside in the same room overnight.
Overnight guests may not visit during the first two weekends of the first semester, the first full weekend of the second semester, during winter intersession, spring break, the final exam period (starting on the last day of classes), and during holiday periods.
Any tampering with physical plant including but not limited to the following: Throwing and/or causing objects or substances out of, into or onto residence hall windows, doors, balconies or other such areas; the alteration or removal of College-provided devices and furnishings from the residence halls, including room, lounge or public area furniture or amenities; unauthorized lock installations on any residence hall doors or spaces; displaying unauthorized banners or advertisements from residence hall windows; tampering with or removal of window screens or window guards; unapproved alterations to one’s room or any space in a residence hall, including painting.
Contributing to the illegal/unauthorized entry of another into the residence hall, including the unauthorized use of the Overlook garage and fire escapes and balconies; unauthorized room changes; failure to complete the check-in or checkout process properly (see Residence Life office and/or College website for detailed policies); creating an uninviting room atmosphere that forces a roommate to move out of the assigned room; failure to maintain healthy standards of personal hygiene and/or room cleanliness to the extent that it interferes with the general comfort, safety or welfare of one’s roommate(s) or the residence hall community; improper or lack of disposing of refuse in proper waste containers, or failure to comply with recycling guidelines, including empty cans, bottles or food containers.
Restitution and/or Reprimand, up to and including housing suspension depending on severity of incident
Any item that could cause physical injury, including but not limited to dart boards and paintballs; operating a business/commercial enterprise from a residence hall room; unauthorized solicitation, recruitment for membership, subscription, polling, posting, canvassing by students or non-College individuals, nonregistered groups or organizations in the residence halls; entry to residence hall roof areas and fire escapes, except when required in an emergency; creating/contributing to an unsafe condition within the residence halls; playing or participating in sports or other recreational activity within the residence hall rooms, hallways, common areas or any area not designated for physical recreation; having animals or pets in the residence halls, except for fish in an aquarium of 20 or fewer gallons; objectionable advertisement in residence hall windows facing outward.
Reprimand, up to and including residence hall probation and/or suspension. Possible suspension or expulsion from the College.
Assignment to an Overlook Manor apartment with a balcony is a privilege and responsibility. All furniture and students must be off of the balcony by 10:00p.m., daily. Smoking, consuming alcohol, throwing items or yelling from the balcony is never permitted and will result in disciplinary sanctions.
Permanent locking of the balcony, fines and/or Residence Probation
The College supplies keys for some of its residence halls. Students who are issued keys are responsible for their safekeeping. Because the key is one means to keep residence halls secure, it is important that they not be lost. Any duplication of residence hall keys is prohibited.
Some residence halls have room combinations. Residents should keep these combinations private for safety purposes. Unauthorized use of room keys and door combinations is prohibited (see General Student Code of Conduct Issues) and will result in disciplinary action.
In cases where keys or room combinations need to be replaced, students living in Overlook Manor will be charged $75 for core replacement and $5 for each key. Students living in other residence halls will be charged $25 for door combination changes. In both cases, all students in the room/suite/apartment will be charged.
All keys must be returned at checkout time, even if a student plans to return to the same room in the following year. Students who fail to return their keys at checkout will be assessed a fine to cover the cost of replacing the lock ($75) plus $5 per key that consequently needs to be replaced.
The Good Neighbor Policy is to set community standards of behavior for Manhattan College students residing and participating in events both on and off campus. Manhattan College is located within an urban environment surrounded by several residential neighborhoods. Guidelines for off-campus conduct have been established in order to uphold standards of behavior consistent with the community standards of behavior for Manhattan College students. This policy applies to, but is not limited to, use of non-College residences, public transportation, parks, sporting events and recreation venues, other schools, retail establishments and municipal parking regulations.
Confirmed reports of the following illegal or disruptive behavior will be referred to the Manhattan College Disciplinary Judicial process and may result in sanctions including fines:
Definition of a Nuisance Residence: Any off-campus apartment, house, or other dwelling where there have been repeated complaints about disruptive behavior may be designated as a “Nuisance Residence”. Repeated complaints can be documented in a number of ways such as, neighbor complaints, reports to 311, reports to 911, police reports, police response to off campus housing, or reports of the same to Public Safety. Once a dwelling has been designated a “Nuisance Residence”, Manhattan College students will be prohibited from living at that residence for a designated length of time. The College will also notify the landlord of policy violations.
Definition of Adverse Impact Behavior: Adverse Impact Behavior refers to behavior in the community that hinders local community members from living in a civil, safe, and peaceful manner.
When it has been determined that a student has violated the College Code of Conduct or any other College rule, a sanction or combination of sanctions may be imposed. Possible sanctions are as follows:
*Students who engage in behavior which is so detrimental to the campus community that they must lose their right to housing, be suspended from the College, or be expelled from the College, are not subject to reimbursement for money paid for the semester in accordance with Title IV federal guidelines.
Typically Student Code of Conduct violations and complaints are processed in the following manner:
The judicial process is utilized when it is possible that a student has violated the Student Code of Conduct, College policy or procedure, or violation of law. Administrators of the judicial process reserve the right, with the approval of the Dean of Students, to conduct mediation in certain circumstances when it may be more beneficial for the students involved. The Judicial Process may be conducted through any of the following procedures, as is determined appropriate by the Dean of Students or his/her designee: Disciplinary authority is vested in the Dean of Students. The standard for disciplinary decision-making is based on a preponderance of the evidence.
One appeal per violation hearing will be permitted and must meet one or more of the following grounds for appeal:
If a request for an appeal is granted, the Assistant Vice President for Student Life or his designee will determine the appellate officer or panel.
The appellate officer or panel, upon review of the case, may:
a.) Authority: Student Court has the authority to hear cases involving alleged violations of Student Government regulations, College regulations, and Student Code of Conduct within its jurisdiction, as referred by the Dean of Students or his/her designee. It also adjudicates appeals of campus traffic tickets.
b.) Membership: The Court is composed of a Chief Justice and Associate Justices that are appointed by Student Government.
c.) Sanctioning Ability: See Student Court Procedures. The Student Court has the authority to apply any sanction outlined in the Community Standards and Student Code of Conduct from Sanction #1 through Sanction #8.
a.) Authority: The College Judiciary Council has the authority to hear cases of appeal from decisions made by the Dean of Students. This body will hear cases of appeal dealing with probation, suspension, or expulsion. The College Judiciary Council will hear cases of appeal based upon the hearing record and the decision and rationale of the Dean of Students. The Dean of Students also may also convene a Dean’s Board of judicially trained faculty and administrators to address serious cases of alleged misconduct. This board consists of four administrators or faculty members depending upon availability. Three board members including the Dean of Students will constitute a quorum.
b.) Membership: The council is comprised of three faculty members, two students and a non-voting administrator. Each board is appointed by the Vice President for Student Life from a pool of trained faculty, students, and administrators. The council will be chosen from the standing pool, trained specifically in higher education code of conduct issues. They will be empaneled for a minimum of one academic year. The Council will also have an assigned secretary to record proceedings.
c.) Sanctioning Ability: The College Judiciary Council may apply any sanction as outlined in the Community Standards and Student Code of Conduct.
a.) Authority: The Dean of Students is the Chief Judicial Officer and has the authority to hear any cases of alleged violation of Community Standards and Student Code of Conduct.
b.) Membership: The Dean of Students reserves the right to make decisions on any judicial issues.
The Dean of Students also may also convene a Dean’s Board of judicially trained faculty and administrators to address serious cases of alleged misconduct. This board consists of four administrators or faculty members depending upon availability. Three board members including the Dean of Students will constitute a quorum.
c.) Sanctioning Ability: The Dean of Students may apply any sanction as outlined in the Community Standards and Student Code of Conduct.
The following procedural rights are provided to accused students in hearings administered by the Dean of Students, the College Judiciary Council or Student Court or any other hearing administrator:
The student may submit a supplemental explanation in writing to his/her hearing administrator. The student may also decline to make any statement without it being used against him/her. The student also has the right to actively participate in the discussion to best communicate his/her role in the documented incident.
Student’s parents/guardians or attorney(s) are not allowed to attend board hearings.
The College may adjudicate all violations of the Student Code of Conduct and College policy violations on or off campus at all times. Students are accountable to both civil authorities and to the College for acts that constitute violations of law and of the Student Code of Conduct. Disciplinary action at the College will proceed independent of criminal/civil proceedings and cannot be challenged on the basis of legal proceedings.
In 1974, Congress adopted the Family Educational Rights and Privacy Act (FERPA), known as the Buckley Amendment, which affords students federally protected rights to privacy. Recent amendments to the Family Educational Rights and Privacy Act allow the College to notify parents if students are involved in alcohol or drug-related incidents.
Students should be aware that the information in this section reflects the official statements of academic policies and procedures as published in the Manhattan College Catalog. Highlights are included here for the convenience of students. Students are expected to be familiar with all academic policies.
The mission of Manhattan College is to provide a contemporary, person-centered educational experience characterized by high academic standards, reflection on faith, values and ethics and lifelong career preparation. In keeping with this mission, Manhattan College has devoted itself to fostering a climate of academic trust and integrity, so that our students master their disciplines through their own hard work and manifest their respect for their own work and the work of others through openness and honesty. Our students accept the Academic Code of Honor and pledge that they will not cheat, lie or steal or tolerate others who do. Academic integrity is at the heart of the Manhattan College learning experience.
Academic integrity means that every member of the academic community accepts the responsibility to be honest, truthful, ethical and accountable for all intellectual efforts, for all access to and presentation of data, facts, information and opinions, and for all access to and use of data or other files (printed, oral, audio, video or digital) related in any way to students, faculty, staff or administration. In addition, every member of the Manhattan College community must understand what can constitute violations of academic integrity, what are the consequences in terms of penalties and by what process penalties are imposed.
Academic dishonesty takes a variety of forms, including but not limited to cheating, plagiarism, and fabrication.
Cheating: Cheating is “an act of deception by which a student misrepresents his or her mastery of material on a test or any other academic exercise.” 2 Examples of cheating include, but are not limited to:
Plagiarism: Plagiarism (from the Latin “to kidnap”) “occurs when a person represents someone else’s words, ideas, phrases, sentences,” 3 graphs or charts, order of ideas, or other data as one’s own work, deliberately or not. To prevent any allegation of plagiarism, one must present the source or sources of all such information through the citation, that is, the complete, accurate and specific reference in a format specified by the professor or appropriate to the discipline. All statements quoted word-for-word must be acknowledged by placing the exact words of the source in quotation marks, along with the appropriate citation. All paraphrased statements must be acknowledged by use of the appropriate citation immediately following the material paraphrased. Examples of plagiarism include, but are not limited to:
Fabrication: Fabrication involves “the deliberate use of invented information” or sources or “the falsification of research or other findings with the intent to deceive.” 4 Examples of fabrication include, but are not limited to:
Academic misconduct covers a broad range of actions and involves violations of academic integrity on a larger scale, frequently combined with blatantly illegal acts. Examples of academic misconduct include, but are not limited to:
Academic Dishonesty (cheating, plagiarism and/or fabrication) are to be reported using the procedures outlined below:
1. Faculty are expected to report in writing to the appropriate academic dean an alleged incident of academic dishonesty as defined in the policy on Academic Integrity. If the faculty member believes that the student has plagiarized due to minor violations, the faculty member should issue a written warning to the student. Such violations may include citation format mistakes, minor issues paraphrasing sources, failure to place a small portion of a quotation in quotation marks, or failure to cite paraphrased and other borrowed materials at the appropriate place in the assignment. The warning should be copied to the Writing Center Coordinator and to the student’s dean, who will place the warning in the student’s file. The student will be required to attend the next monthly workshop offered by the Writing Center, which will report such attendance to the student’s dean. In addition, the faculty member may impose an appropriate grade penalty for the plagiarized assignment.
2. All appeals of the dean’s (or deans’) decision must be made in writing within five working days to the Provost. The Provost shall review all materials previously submitted to the dean or deans. Further documentary evidence may be forwarded to the Provost by any party involved if there is new evidence or evidence that what was presented was misleading or misinterpreted.
3. The penalty for a first violation beyond a warning or for a second warning shall be “F” or zero on the assignment. A second violation in the same or any other course shall carry the penalty of “F” in the course. If the dean determines that the first violation is significant, including copying or purchasing a paper along with the systematic appropriation of another’s intellectual property, the penalty for a first violation shall carry the penalty of “F” for the course. A third violation in the same or any other course shall also carry the penalty of “F” in the course. In addition, a student who has three violations of the academic dishonesty policy or has on two occasions submitted copied or purchased papers shall be reviewed by his or her dean for possible dismissal from the College. The dean shall review the student’s file and also consult with other academic deans if one or more of the cases occurred in another school. Absent extenuating or mitigating circumstances, the student shall be dismissed from the College, and a record of the reason for the dismissal shall be retained in the student’s permanent file.
4. Students found in violation of the Academic Integrity Policy (Part I -Academic Dishonesty) shall not be permitted to drop or withdraw from the course. If a student is found in violation of policy and the sanction imposed is an “F” for the class, the student’s transcript shall reflect a letter grade of “F.” If a student has processed a withdrawal form while the case is pending and is subsequently found responsible, the grade shall be changed to an “F” grade. An “I” designation shall be entered in the case of an ongoing investigation during the grading period.
5. The dean of the school in which the student is enrolled shall maintain a record of all cases in which the student is found responsible of violating the academic integrity policy (Part I-Academic Dishonesty). In cases of interschool transfer, this record shall be transferred to the new dean’s office. The dean of the school in which the student is enrolled shall also notify the Dean of Students in all cases in which a student is found responsible for violating Part I. The Dean of Students retains disciplinary records for a period not to exceed seven years.
[Changes approved by EAC, 4/15/13]
Allegations of violations of Part B-Academic Misconduct are to be reported using the procedures outlined in the Community Standards and Student Code of Conduct. Any member of the College community may report to the Dean of Students an alleged incident of academic misconduct as defined in the policy on Academic Integrity. The accused student(s) then becomes subject to an investigation and possible subsequent disciplinary action.
The Dean of Students shall hold a preliminary hearing to provide the accused student(s) with the opportunity to discuss the facts and circumstances that led to the report.
If the student acknowledges guilt, the case may proceed to a hearing before the College Judiciary Council to determine the sanction, or be adjudicated by the Dean of Students, as outlined in the Student Code of Conduct. If the student denies guilt, the case shall proceed to a hearing before the College Judiciary Council for a decision and, if appropriate, sanction as outlined in the Student code of Conduct.
Both the accused student and the Dean of Students have the right of written appeal to the Provost within five working days of the notification of the sanction. The appeal process is outlined in the Student Code of Conduct.
Registration for the fall semester takes place in April. Registration for the spring semester takes place in November. The exact dates and times for Web registration are posted on the Manhattan College homepage and communicated in an e-mail by the Registrar. Students have access to all the information and materials on http://self-service.manhattan.edu and in the directory of course offerings printed by the Registrar’s Office. Students must have their registration forms approved in accordance with the instructions given by each school. Students who have outstanding holds will be ineligible to register on-line.
Drop/add must be made within the first five class days of the new semester and must be made in accordance with the regulations concerning such changes.
Instructors are required to provide a syllabus for the course. The syllabus includes all course requirements and a statement of how the final grade will be determined.
Students are required to fulfill all course requirements as detailed in the syllabi for their registered courses. Implicit in these requirements is completion of all course assignments and attendance in all classes.
A student who is absent from class cannot expect the course instructor to provide notes or allow make-up tests, quizzes, or laboratories. The student may incur an appropriate grading penalty for such absences if the penalty was described in the syllabus. Reasonable accommodations for absences are recommended, but are solely at the discretion of the instructor.
If the instructor believes that a student's failure to attend class is substantially affecting a student's course grade, then the instructor is strongly encouraged to report the situation to the dean of the school in which the student is matriculated. The dean will address the situation with the student.
Chronic absence from classes may result in loss of College housing, as full-time registration and active pursuit of a degree are requirements of on-campus housing.
After the Add/Drop period at the beginning of each semester, students are permitted to withdraw from a course without academic penalty through the ninth week of the semester.
The Course Withdrawal Form is available in the office of their dean. The student is required to have the form signed by the instructor of the course.
Withdrawing from a course after the Add/Drop period and before the deadline places a "W" for all withdrawals on the transcript for that course. After the withdrawal deadline at the end of the ninth week, students will receive grades in all remaining courses unless there are extraordinary circumstances (such as severe illness) that merit an exception.
Students should be aware that a pattern of regularly accumulating "W" grades on their transcripts is not good academic practice.
For additional information on withdrawals, students should refer to the Undergraduate Catalog or contact the dean of the school in which they are matriculating.
Ordinarily, classes will be conducted during inclement weather. When extreme weather or emergency conditions exist, faculty, students and staff may call 718-862-7103 to obtain information about the College closing. Students registered for e2Campus will receive an alert text message to notify of school closing. College policy requires professors to reschedule classes when an excessive number of class days have been canceled due to inclement weather. Please refer to the College website and e2Campus announcements for further information.
To protect students as they complete course requirements and prepare for final examinations, there is a policy that states that there shall be no final examinations in the last week of classes. A student should normally take one final exam on any given day. In some circumstances, he/she may have to take two final exams in one day. If a student has more than two final examinations scheduled for the same day, he/she may ask the instructor(s) to arrange an alternate date. Members of the senior class who have been inducted into the Epsilon Sigma Pi, the College’s academic honor society, may be excused from a final examination at the discretion of the course instructor.
If a student believes that his/her final grade in a course is not consistent with the grading criteria designated by the course instructor, he/she should first discuss the matter with the course instructor. If the student and the instructor cannot resolve the matter in this discussion, the student may discuss the matter with the department chair. Copies of all graded tests, quizzes and other assignments will be needed.
In the event that the student is not satisfied with the outcome of the discussions with the course instructor and the chair, he/she may make a written request to the chair for a formal consideration of the problem. This request must be submitted within three weeks after the beginning of the semester immediately following the regular fall or spring semester. Included in the request will be an outline of the student’s specific complaints. The chair shall make a detailed investigation and notify the student and course instructor of his/her findings. The student may appeal the findings of the chair to the dean of the school in which the course was offered. The dean will respond to the student in writing and preserve documentation of the process. When the department chair is the course instructor, the student may appeal o the dean of the school in which the course was taught, who will investigate the matter and notify the student and the department chair of his/her findings. Students should be aware that only the course instructor may change a grade.
In accordance with FERPA, Manhattan College recognizes the need for a carefully considered policy concerning information that should be part of a student’s permanent record and the conditions of its disclosure. As specifically indicated in the policy statement that follows, the privacy and confidentiality of all student records shall be preserved. Because certain material is necessary for people within the College to function effectively and because such material is therefore guardedly released from absolute confidentiality, members of the administration, the faculty, staff of the College and the students are bound to respect confidential records on students to which they have access in the course of their official capacity. This policy statement is intended to include all departments of the College, though it must be noted that documents from the College’s Public Safety department are not protected by FERPA.
A survey of the types of records kept throughout the College indicates that the following classification can be made:
Students have a right to know the information contained in their official academic, disciplinary or financial records, and access to such records is limited only by reasonable regulations as to time, place and supervision. When an original document is presented, examination is permitted only under conditions that will prevent its alteration or mutilation.
If a student challenges the accuracy of the official academic record or if the student believes the content is misleading or otherwise in violation of his/her privacy or other or other rights, he/she shall request in writing to the Registrar an explanation as to the content of any such inaccurate, misleading or otherwise inappropriate data contained therein. The student shall be afforded a full hearing and fair opportunity to present evidence relevant to the issues and may be assisted or represented by individuals of his/her choices who are members of the College community. If necessary and wherever possible, the Registrar will correct the record. If there still remains a difference, the student’s written objection(s) will be included in the record and made an official part of the student’s academic record.
In the case of admissions records, letters of recommendation dated after January 1, 1975, may be seen by the student provided that the student has not waived his/her rights to view such documents after admission to the College.
No entry may be made on a student’s official record, academic or disciplinary, and no document or entry may be placed in those records without notice to the student, with the exception of published grades and honor announcements. A document or entry supplied by or at the request of a student may be placed in the student’s record without additional notice to the student.
Information from official academic records may not be released to anyone except with the prior written consent of the student, except as stated below, and subject to the right of the student to bar disclosure to a particular inquirer or class of inquirers.
1. Administrative officers and faculty members may have access to official academic records for internal educational purposes and for research in which anonymity is guaranteed.
2. The following data is considered directory information and may be given to any inquirer either in person, by mail or telephone, but the College reserves the right to use discretion when releasing this information. Students also retain the right to refuse publication of this information:
a. Student’s name
b. Participation in officially recognized activities and sports
d. Telephone listing
e. Weight and height of members of athletic teams
f. Electronic mail address
h. Degrees, honors and awards received
i. Date and place of birth
j. Major field of study
k. Dates of attendance
Persons from outside the College shall not be permitted to access a student’s records or obtain greater information than provided herein unless a subpoena or other legal process is served on the College. Following such service, the College must immediately notify the student affected. In addition, the College will comply with such process only upon advice of counsel. To fully protect the confidentiality of student records, counsel for the College will be asked to advise a prudent course.
No record shall be kept of the political views of students or of student membership in any organization other than academic, honorary, professional or social organizations. In case of political organizations, only the names of officers will be recorded.
The Mary Alice and Tom O’Malley Library is committed to providing resources and services in support of the academic work of our students and faculty. To ensure an environment conducive to study and research, users are expected to adhere to the following regulations:
Violations can result in loss of library privileges, including access to the building. Serious violations will be referred to the Dean of Students for campus adjudication. Consult Manhattan College Responsible Use of Computing and Information Services Policy and Procedures.
1Manhattan College gratefully acknowledges the assistance of Kean University and Ramapo College in the development of this policy. We thank these institutions for their willingness to allow us to selectively adapt some of their policies related to academic integrity for our own use. See Kean University, Academic Integrity Policy <http://www.kean.edu/academicintegrity.html> (accessed 3 April 2008) and Ramapo College, Catalog 2003-2004, Grading Systems/Policies, <http://www.ramapo.edu/catalog_03_04/academicprograms/gradingsystems/acad... accessed 3 April 2008.
2 For this definition and several of the examples, we are indebted to the Ramapo College and the Kean University policies.
3 For this definition and several of the examples, we are indebted to the Ramapo College and the Kean University policies.
4 For this definition and several of the examples, we are indebted to the Ramapo College and the Kean University policies.
5 For several of these examples, we are indebted to the Ramapo College and the Kean University policies.
A leave of absence for medical or psychological reasons requires prior approval of the Director of Counseling & Health Services. When the leave of absence is granted for medical or psychological reasons, the student can return to Manhattan College only after the Director of Counseling & Health Services has indicated that the medical or psychological condition has been addressed and the student is capable of resuming his or her studies at Manhattan. To this end, the student will be required to submit a written progress assessment from a treating health professional attesting to the student’s readiness to resume studies at Manhattan College. This documentation must address the diagnosis, prognosis and treatment plan for the semester of return. The Director of Counseling & Health Services may also require a release from the student to discuss current treatment and follow-up needs with the treating health professional, in order to assess whether the student is qualified and ready to return to the College.
If the College determines that a student should be placed on a leave due to medical or psychological reasons related to the health and safety of the student, Manhattan College reserves the right to place a student on an involuntary withdrawal from the student’s academic program of study. This may occur when the student is not able or willing to take a voluntary leave and the College has made a reasonable determination that the student poses a direct threat to the health and/or safety of self and others.
Where Manhattan College believes that an involuntary withdrawal is to be considered, the Dean of Students will identify a team of professionals to make a reasoned determination. Included on that decision-making team will be a medical or mental health professional. The student will be informed of the College’s concerns and the pending decision to consider an involuntary withdrawal.
The College reserves the right to notify parents or legal guardians if deemed appropriate under the circumstances and applicable law, including making arrangements for family members to pick the student up from the College’s facilities, house the student or obtain health care assistance.
For additional information on medical leaves and other withdrawals from the College, please refer to the detailed policy and procedure on www.manhattan.edu.
Preamble – Manhattan College has a tradition of value-centered education and among the cherished values that the College is committed to impart is a deep respect for the dignity and integrity of each person. An important responsibility assumed by the College community is to stand firm against actions that threaten that fundamental regard for each person’s individual dignity and integrity.
The members of the College community understand that any form of discrimination violates the principles of human relationships and the College has a longstanding opposition to any discriminatory treatment based on an individual’s race, creed, color, religion, age, ethnic or national origin, sex, marital status, personal orientation, citizenship status or disability.
It has long been recognized by the College that sexual harassment is an invidious form of discrimination, one that demeans the dignity and integrity of the individual and that undermines the College’s mission to foster an open learning and working environment. The College voiced its condemnation of such harassment and discriminatory treatment in a policy statement, presented below, adopted in fall 1987 by the Senate, President and Board of Trustees, and consistently affirmed by the College in the conduct of its affairs. In furtherance of this commitment, the College has implemented a revised set of procedures intended to provide members of the College community with a way to assert their right to be free of prohibited harassment and discrimination, with a system to report incidents of harassment and with a mechanism for effective preventative and corrective action.
This policy and its accompanying procedures, originally implemented to address problems of sexual harassment, are equally appropriate to the broad range of potential incidents of harassment and discrimination arising from an individual’s race, creed, color, religion, age, ethnic or national origin, sex, marital status, personal orientation, citizenship status or disability. An individual in the College community may seek to apply these procedures to any discriminatory treatment.
“It is the policy of Manhattan College that no member of the College community may sexually harass another.” For general purposes, sexual harassment may be described as unwelcome sexual advances, requests for sexual favors and other physical and expressive behavior of a sexual nature where:
No College personnel and no office of the College shall condone sexual harassment either actively or by ignoring a complaint by a member of the College community or an obvious attempt to harass sexually another by a member of the College community.
No member of the College community may retaliate in any way against a person for making a claim of sexual harassment, or for assisting or acting as witness for a person who makes a claim of sexual harassment.
Members of the College community must understand that sexual harassment can be a particularly difficult form of discrimination to identify and define but is illegal and will not be tolerated. In general, sexual harassment may be described as:
Unwelcome sexual advances, requests to engage in sexual conduct for sexual favors or for unwanted contact and other physical or expressive (verbal or nonverbal) behavior of a sexual nature when:
Although the above guidelines were drafted by the federal government initially with regard solely to the employment situation, the principles are generally applicable to the educational setting where comparable harassing conduct, both in academic and nonacademic contexts, can constitute sexual harassment. Applying these employment-related principles to the academic setting will require thoughtful judgments about the differences and distinctions between these elements of harassment and the educational context. Many of these principles and prohibitions can occur in the context of other forms of general (non-sex-based) discrimination as well, and will not be permitted by the College.
The Department of Education, Office of Civil Rights, has issued guidance on sexual harassment involving the educational setting, describing such prohibited conduct as follows:
The Department of Education recognizes that if the alleged harassment involves issues of speech or expression, a college’s obligations may be affected by the application of First Amendment principles, particularly as these rights apply in the classroom and other education programs and activities.
Sexual harassment can be verbal, nonverbal, visual or physical. It can be overt, as in the suggestion that an individual can secure an advantage or forestall negative treatment by submission to sexual advances or granting sexual favors. Such overt treatment can be implied from conduct or circumstances and need not be direct or explicit. Sexual harassment also can consist of persistent, unwanted attempts to shift an educational or professional relationship to a personal one. Examples of conduct that, if sufficiently severe, persistent or pervasive and nontrivial, can constitute sexual harassment, include unwelcome sexual flirtation and inappropriate or derogatory language, and treatment or jokes involving individuals or classes of people. It can be the public display of suggestive or offensive pictures or literature, unwelcome physical contact or serious physical abuse, such as sexual assault and rape. In the case of other forms of discrimination, insensitive or derogatory language or treatment, if sufficiently severe, persistent or pervasive, can be equally offensive and is prohibited by the College. These types of behavior may be considered coercive, demeaning, can be considered threatening and are not conducive to teaching, learning or working. This kind of severe, persistent or pervasive offensive behavior is unacceptable in the College and in College-related settings outside the campus, such as during trips, meetings with parents or members of the community, or professional and College- related social or educational events.
The College recognizes that in determining whether harassment has occurred, the perspective of the person subject to the discrimination or harassment, as well as the offender’s conduct and/or intention, may be considered. It is also essential to understand that consenting romantic and sexual relationships between employees or faculty and students, particularly between senior or supervisory individuals and less senior or lower-level employees, between co-workers, or between staff or faculty and students, may lead to unforeseen complications. The respect and trust accorded a more senior supervisory person by a staff member, or a faculty member by students, as well as the power held by that person in evaluating or otherwise supervising the staff person or evaluating performance or achievement, could diminish the extent to which the individual really feels free to choose or decline involvement. Therefore, each member of the College must be aware of the possible risk of even an apparently consensual sexual relationship.
A supervisor, employee or faculty member who enters into a sexual relationship with another member of the College community, where there exists a difference in seniority or power between the individuals involved, must be aware that, if a complaint of sexual harassment is subsequently made, it could be exceedingly difficult for the individual charged with sexual harassment to prove lack of wrongdoing on grounds of mutual consent.
Allegations of unprofessional conduct and breach of professional ethics also may be raised regarding such relationships by the individuals involved or by the College. With this in mind, the College may decide, to the extent possible, to reassign or rearrange reporting functions or other roles of parties engaged in a consenting relationship to avoid potential problems. The College also will consider claims of sexual harassment from a relationship that once was considered consensual.
In any educational setting, First Amendment issues that relate to speech and expression invariably arise. The civil rights laws and policies designed to protect students, employees and members of the College community from prohibited harassment and discrimination are not intended to regulate impermissibly the content of speech. All parties should recognize that the offensiveness of particular expression as perceived by some students or staff, standing alone, may not be a legally sufficient basis to establish a sexually hostile environment under Title IX or harassment and discrimination under other civil rights laws. Not only must the conduct questioned be sufficiently severe, persistent or pervasive as to limit a student’s ability to participate in or benefit from the education program or environment, but also these policies must be formulated, interpreted and applied so as to protect academic free speech rights. This offensive course material or discourse may be protected speech.
Finally, this policy and its procedures will only be effective to the extent that individuals who believe they are subjected to harassing or discriminatory treatment adequately notify appropriate College officials and, particularly, the Affirmative Action Officer, of the unwelcome conduct. Such notice should be given promptly, completely and clearly so that the College can act appropriately.
1. Guidelines on Harassment and Discrimination – The underlying goal of this policy and the procedures is prevention. The College believes that education and mutual resolution of matters, rather than discipline or sanctions, is the preferred approach. While the College is committed to increasing everyone’s level of understanding and sensitivity to appropriate conduct, where conduct does not comply with the standards set by the College, prompt corrective action will be taken. But the College can only do its job if it knows of alleged harassment and discrimination. An appropriate College official must be advised of unwelcome conduct so that the College can act to protect the members of the community. The College’s guidelines for applying the policy and procedures are detailed below.
1.1 Early Intervention – It is in the best interest of the College and the individual with concerns about harassment or discrimination to consult with a trusted member of the College community at the first instance of what may be perceived to be sexual harassment or discriminatory treatment. Dealing with a situation at its earliest inception may put a stop to the matter before it develops into a more serious problem. For an individual who may have been subjected to harassment or discrimination, guidance
about the individual’s rights to object to unwanted and unwelcome conduct, and to communicate that such treatment will not be tolerated, may enable the individual to resolve the matter promptly. Early intervention may be particularly effective when the harassing or discriminatory conduct is unintentional or the result of a lack of sensitivity about conduct. Every member of the College community is encouraged to seek guidance about these issues as early as practical, even before deciding whether or not a grievance may be filed.
1.2 Whom to Contact – If you have questions about this policy and procedures, your rights, about particular treatment or conduct, or need general guidance on sexual harassment or discrimination, you may consult with the Affirmative Action Officer, a dean or chairperson, counselor, advisor or trusted member of the community.
The Affirmative Action Officer* is the College official who has been designated as the person with overall responsibility for ensuring that the College effectively handles matters involving sexual harassment and discriminatory treatment, including matters covered by Title IX (sex discrimination), the Americans with Disabilities Act and Title VII (race, color, national origin, age, religion and sex).
She or he works closely with other members of the College community to implement and administer the policy and procedures. The Affirmative Action Officer works closely and in conjunction with the Vice President or Human Resources, and can be reached in Memorial Hall, room 305, at 718-862-7398.
Within the College community, all members of the faculty, staff and administration are charged with the responsibility for assisting any individual who has concerns about sexual harassment or discriminatory treatment. Any member of the faculty, staff and administration or any student who observes an incident of
sexual harassment or discrimination, or who is approached for assistance, must comply with this policy and the accompanying procedures, and is to advise and consult promptly with the College’s Affirmative Action Officer.
1.3 Who Is Covered – This policy and procedures cover all applicants and members of the College community, including students, faculty, staff and administrators. It also applies to a guest of a member of the College community, those invited to campus and employees of a company that serves the College or contracts with the College to provide services.
When an incident of harassment or discrimination involves a nonmember of the College community, such as a guest or outside employee, it is within the discretion of the Affirmative Action Officer to modify the procedure and/or refer the matter to an appropriate person or entity, when direct action by the College is impractical or unavailable.
When the alleged harassment or discrimination involves only students, the existing procedure for adjudicating matters between students shall apply, and the students shall be referred to the Dean of Students.
1.4 Rights and Responsibilities – The rights and protections extended by this policy and its procedures come with an important responsibility for the members of the community. It is a responsibility to come forward and advise an appropriate official of the College of treatment or conduct that may be harassing or discriminatory. For this policy and its procedures to be effective, and for the College to act in the best interests of all the members of its community, the College must have the necessary information about inappropriate or improper conduct or treatment.
2. The Grievance Procedure
2.1 Filing a Grievance – Any member of the College community who believes that he/she has been subjected to sexual harassment or discriminatory treatment may invoke his/her rights under this policy and procedure. Ordinarily, an individual who seeks to use this procedure should consult promptly with the Affirmative Action Officer or a trusted member of the College community, such as an advisor, professor, dean, director or supervisor, who will involve the Affirmative Action Officer, the College official charged with the responsibility for handling matters of discrimination and harassment and acts in conjunction with the Vice President for Human Resources. In the absence of the Affirmative Action Officer, all matters will go directly to the Vice President for Human Resources. All communications and documents involving a charge of harassment or discrimination generally will flow through the Affirmative Action Officer.
After discussing the situation with the Affirmative Action Officer, an individual may decide to initiate a formal grievance but has the option of trying to pursue an individual informal solution to the problem.
If an individual decides to file a formal grievance, the person should provide a written summary of the facts of the grievance, including the name of the person (or people) who committed the harassment or discrimination, the details of the treatment or actions (dates, places, nature of the offense and other individuals present) that the individual feels constitute the harassment or discrimination, and any important background information, which helps to explain the situation. Copies of any materials, such as letters, notes, e-mails, voicemails, text messages, photographs or items that demonstrate the harassment or discrimination should be provided. If other individuals have direct knowledge of the situation, they should be identified. The person who makes the grievance also should state the solution that he/she believes would be fair for resolving the problem.
An individual who considers filing a grievance should do so timely, generally within approximately sixty days of the most recent incident of harassment or attempt to stop harassing treatment, although the College reserves the right to consider any grievance filed, even if considerable time has passed since the harassment or discrimination. The College may prepare a written summary of an incident of harassment or discrimination if it does not receive a written grievance statement from the person who reports the discrimination or harassment.
2.2 Notice to Party Charged – Within a reasonable period of time after receipt of a grievance summary, generally ten academic days,1 the College will advise the individuals identified in the grievance that it has been filed and, in most circumstances, provide a copy or summary of the grievance. The individuals named in the grievance will be interviewed and asked to submit to the College a written response to the grievance. The substance of the response or interview, if no written response is received, may be shared with the individual who has filed the harassment or discrimination grievance.
The Affirmative Action Officer may, in his/her discretion, proceed with notice to a charged party, even in the absence of a written grievance statement or summary, if there is sufficient detailed information and evidence to warrant proceeding. If the individual charged does not cooperate in providing a response, the Affirmative Action Officer may reasonably conclude, for purposes of initiating an investigation, the allegations raised may be considered true. The Affirmative Action Officer may consider a grievance presented by the College in the absence of cooperation by the individual who raised the claim of harassment or discrimination, or the person charged. The Affirmative Action Officer may extend time limits for good cause and, where appropriate, may take steps to shield the identity of parties.
2.3 Investigation – The Affirmative Action Officer, or his/her designee, shall undertake an investigation of a complaint of sexual harassment or discrimination. In this inquiry, the Affirmative Action Officer has wide latitude in the manner and scope of the investigation and may request information, documents, written statements, and interview potential witnesses. The Affirmative Action Officer may conduct separate meetings with the parties and suggest a joint meeting as part of the investigation. Each party may bring an advisor to meetings, but the advisor’s role is limited to assisting the individual, and the advisor may only participate actively in the meetings if specifically invited to do so by the Affirmative Action Officer. Both the individual filing the grievance and the individual charged with the harassment or discrimination may submit relevant information and recommend names of individuals with knowledge of the situation who may be able to provide relevant information. The investigation shall be conducted impartially and with courtesy extended to all parties. Each side will be given an opportunity to present his/her position, offer witnesses who can provide information relevant to the grievance, raise questions about each person giving information and present any additional information, materials or documents that relate to the grievance. The Affirmative Action Officer or designee also may call witnesses, request information and question those providing testimony. It is within the discretion of the Affirmative Action Officer when all parties are meeting to determine whether any cross-examination questions will be asked by him/her or a party proposing the questions.
The Affirmative Action Officer will have the authority to rule on all procedural issues, including witnesses, testimony, production of documents or information, cross- examination and submission of evidence. The Affirmative Action Officer may permit hearsay testimony and consider deposition or affidavit testimony if a witness is completely unavailable, and the testimony is of considerable significance.
Unless the Affirmative Action Officer rules otherwise, meetings are closed to those not directly involved in the process. Witnesses will only be permitted at a meeting when testifying. The parties may be accompanied by an advisor (as defined in these procedures). An advisor may not participate unless specifically invited to do so by the Affirmative Action Officer.
The standard of proof that governs a finding of violation of College policy generally will be a preponderance of the evidence, considered to be sufficient, credible proof to support the allegation of the complaining party. The determination is based on evidence presented to the Affirmative Action Officer. The standard of “beyond a reasonable doubt” is not applicable in these proceedings. A tape or transcript of any interviews or meetings will only be made when the College determines it is required by the severity of the circumstances.
At the conclusion of the investigation, the Affirmative Action Officer will make a determination about whether the conduct violated the policy prohibiting harassment or discrimination, and/or whether there was a violation of other College rules or regulations. The Affirmative Action Officer will make his/her findings and determination based on the evidence as a whole. A brief written report, summarizing the findings of fact, resolving issues of credibility (if any) and determining the question of culpability, will be prepared by the Affirmative Action Officer. Where there is a determination that there has been a violation of the College’s policies, appropriate sanctions shall be recommended.
If the results of the investigation indicate a violation, the Affirmative Action Officer has full authority to recommend a resolution of the matter to the parties and the College. A mutually acceptable settlement of the matter may be negotiated by the Affirmative Action Officer and consented to by the parties (when practicable) and a copy maintained by the College to ensure compliance. If the parties do not concur with a resolution, the Affirmative Action Officer shall issue a brief written determination on the grievance and impose an appropriate resolution or sanctions. A resolution at this stage may include, but not be limited to, acknowledgement of inappropriate conduct and an agreement to end such conduct, agreement to
participate in further education, guidance or counseling to heighten understanding of harassment and discrimination, an admonition, a written warning, a written reprimand, probation, suspension, monetary penalty, community service, termination or expulsion.
The investigation process also may conclude with a finding that there was a lack of credible proof to support a claim of harassment or discrimination. If the Affirmative Action Officer determines that there is not sufficient evidence of harassment or discrimination to warrant a finding of a violation, then a written summary will set forth those findings. If no other rule or policy at the College has been violated, the Affirmative Action Officer can recommend the case be closed.
If the matter is resolved at this stage and not appealed, the College will treat the complaint as settled. A file relating to the incident will be maintained by the Affirmative Action Officer.
If the matter is not resolved to the satisfaction of the parties, either party may appeal. The Affirmative Action Officer shall prepare a summary of the investigation and determination for the appeal process, if necessary.
2.4 Sanctions – The sanctions appropriate for enforcing the College’s policy against discrimination and harassment should reflect the severity of the actions, the prior record of the individual who violated the policy and his/her status. In selecting the appropriate sanction(s), the College may take into account the prior record of violations and discipline of the party charged. When appropriate, progressive discipline may be considered. Sanctions imposed should, to the extent feasible, be consistent for similar offenses and circumstances.
Available sanctions include, but are not limited to, acknowledgement of inappropriate conduct and an agreement to end such conduct, agreement to participate in further education, guidance or counseling to heighten understanding of harassment and discrimination, an admonition, written warning, a written reprimand, withholding a promotion or pay increase, probation, suspension without pay, monetary penalty, community service, termination or expulsion. Multiple sanctions may be imposed. A record of the complaint and grievance process will be maintained separately from an individual’s other permanent record or files at the College. The findings, determination and proposed sanction, as well as any written form of sanction, may be placed in the individual’s permanent record or maintained in the record under seal, as determined by the College. An appropriate transcript entry may be made by the College on a student’s transcript when discipline, such as suspension or expulsion, is involved. The imposition of sanctions or application of this policy and procedures do not preclude the College from filing charges or cooperating with civil or criminal authorities.
The individual who filed the grievance and/or the person charged with a violation may appeal based on the process followed, the determination and/or the sanction imposed. An appeal must be in writing, specify exactly what is being appealed and why. When finished, it should be sent to the office of the Vice President for Human Resources within 10 days (excluding weekends and holidays) of the determination by the Affirmative Action Officer. The Vice President for Human Resources will decide who should consider the appeal. An appeal that involves a member of the faculty, administration or staff generally will be handled by the Provost and the Vice President for Finance. The Vice President for Student Life and the Provost generally will handle an appeal filed by a student. The Vice President for Human resources will handle appeals filed by staff generally. The Vice President for Human Resources may designate another appropriate official of the College to handle an appeal. The Affirmative Action Officer will provide the appeal official with all the materials from the investigation and all written determinations.
The appeal will be a review of the record as a whole at the earlier stages of the investigation. The official(s) considering the appeal will have access to all documents, statements or material considered at the initial stage. New evidence will only be considered during the appeal, if it was discovered or obtained after the investigation was finished and is directly relevant. The official(s) handling the appeal may consider additional written submissions of the parties on why the process, determination and/or sanction were contradictory to College policy or the facts.
The decision on appeal can, in whole or in part, affirm, reverse or modify the initial action. In addition, the official(s) handling the appeal may return the grievance for further investigation and/or reconsideration. The decision on appeal is final, except when the recommended sanction is termination or expulsion; the College has the discretion to refer the matter to an existing College procedure normally governing termination or expulsion before termination or expulsion is invoked.
Complaints of harassment or discrimination require sensitivity to the interests of the members of the College and the individuals involved in the process. Just as it is important to recognize that those subjected to discrimination and harassment must have someone and somewhere to turn for assistance, so it is important to realize that unsubstantiated or malicious charges may seriously affect the reputations, careers or personal lives of the individuals charged with such conduct. The College will take action against anyone who uses the process abusively or as a way to gain advancement, to excuse poor job or classroom performance or to settle personal differences.
It is also important to know that incidents of sexual harassment should be brought to the attention of the Affirmative Action Officer, even if the person is only an observer of the incident or learned indirectly of the conduct. This is essential to ensure that harassment is dealt with promptly and constructively. Reporting information about possible harassment and discrimination is not incompatible with pledges of confidentiality. The Affirmative Action Officer, the central source of information about harassment and discrimination, can make informed judgments about identifying matters and practices of discriminatory conduct, and about pursing an investigation.
The underlying goal of this policy is education and resolution rather than discipline or sanction. The College is committed to increasing everyone’s level of understanding about and sensitivity to appropriate conduct. When conduct does not comply, the College will take prompt corrective action.
Nothing in this policy is intended to foreclose an individual from pursuing his/her rights under any existing College procedure, collective bargaining agreement or from pursing any federal, state or local remedies. The College reserves the right to modify these procedures, with or without advance notice, as appropriate, to respond effectively to a given situation and in response to changes in applicable law, regulations and guidance.
Colleges and universities play an important role in the rapidly expanding field of computing technology. They provide an institutional base for enhancing competencies in computer usage, stimulating research and development of hardware and software, and enriching the capability of all academic programs to achieve excellence in teaching. Because higher education has an overarching goal of preparing students to assume responsibility for civic life and the further development of society, colleges and universities are duty-bound to promote those virtues that build the character of students and thus the common good of society. Responsible use of computing technology must be carefully articulated due to the rapid developments in the field, developments that do not lend themselves easily to traditional categories of responsible use. Such responsibility is necessary to protect the rights of the community with regard to the use of computer technology, and is one facet of broader policies that concern academic integrity in higher education. More is at stake than self-interest in a smooth-running institution. Responsible computer and information services use prepares students for the aforementioned goal of higher education-responsible citizenry-and enables faculty, administrators and staff to serve as role models for such responsible citizenry.
The mission of Manhattan College is to provide a contemporary, person-centered educational experience characterized by high academic standards, reflection on values and principles and preparation for a lifelong career. This policy is supportive of that mission. This responsible use policy deals with three key areas: privacy, copyright and commerce, and harassment. It states who is covered by the policy, provides definitions of terminology and detailed procedures to be followed for reporting violations.
Manhattan College expects all members of its community to use computing and information services in a lawful, ethical and responsible manner. The College may restrict the use of its computers and network systems for electronic communications or other activities, in response to properly considered or otherwise adjudicated complaints that present evidence of violations of College policies or codes, or of federal, state or local laws and regulations. Specifically, the College, through usual channels and established procedures, reserves the right to limit access to its computing and information services networks through College-owned or other computers and to remove or limit access to material posted on College-owned computers.
The College adopts and promulgates this policy:
This policy applies to all members of the Manhattan College community including faculty (full-time and part-time), administrators and staff (full-time and part- time), students (undergraduate and graduate, matriculated or non-matriculated) and to anyone else who has computing/information services privileges to use the resources of Manhattan College. The policies outlined herein shall apply when any member of the class as defined above uses, accesses or otherwise interacts with any of the computing facilities, hardware or software owned or licensed by Manhattan College, or any component of the College’s network infrastructure or College systems, whether such use, access or interaction occurs on College property (including the College’s residence halls) or from a remote off-campus site; or when anyone covered by this policy makes it appear to other individuals or entities that such use, access or interaction is associated in any way with Manhattan College. Any members of the Manhattan College community who do not accept the provisions of these policies may not use, access, or otherwise interact with any of the College computing facilities.
All members of the Manhattan College community affected by this policy should read and understand it.
Direct any general questions about this policy to your department’s administrative office. If you have questions about specific issues or application of specific provisions, call the following offices:
These definitions apply to these terms as they are used in this policy:
College Computers and Network Systems (College Systems): Computers, terminals, networks, servers, switches, routers, hubs, PBXs and other similar devices that are owned or administered by the College and/or for which the College is responsible. Throughout this policy, the shortened term “College systems” is used to mean College computers and network systems.
Departmental Policy Officer: A person with responsibility for issues that have policy implications for students, faculty and/or staff in a department, school, unit or other area of the College.
Education Records: Records specifically related to a student and maintained by an educational institution or a party acting on its behalf. These records are protected by and subject to the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA).
Electronic Communications: The use of computers and network communications systems in the communicating or posting of information or material by way of electronic mail, bulletin boards or other such electronic tools. These communications are protected by and subject to the provisions of the Electronics Communications and Privacy Act of 1986.
Harassment: Repeated and unwanted actions that have the purpose or effect of creating an offensive, intimidating, demeaning or hostile educational or employment environment.
Network Systems: Includes voice, video and data networks, switches, routers, storage devices and other related systems and devices.
Obscene: The definition of obscenity follows the three-pronged test outlined by the U.S. Supreme Court in Miller vs. California, 413 U.S.15 (1973). To be defined as obscene, the material must (1.) when considered as a whole by an average person, applying contemporary community standards, be judged to appeal to prurient interest, (2.) depict or describe in a patently offensive way, sexual conduct specifically defined by applicable state law, and (3.) lack serious literary, artistic, political or scientific value when the work is taken as a whole.
Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other physical and/or expressive behavior of a sexual nature where submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, hostile or demeaning employment or educational environment (see Policy and Procedures on Sexual Harassment and Discrimination).
System or Network Administrator: An employee responsible for the operation or operating system environments of College systems.
The key areas addressed below are recognized as important and necessary
components of any organizational responsible computing use policy, however, they are not exhaustive of all possible issues that are addressable within the framework and spirit of this policy statement. They also may not specifically address new and emerging technologies and possible abuses thereof. Manhattan College reserves the right to utilize procedures detailed herein to address other rights and violations that reasonably fall within the general areas outlined.
Privacy – Users Right to Privacy: Manhattan College shall respect the privacy of electronic communications and subscriber information of all users of College systems in accordance with the rules and procedures of the Electronic Communications and Privacy Act of 1986. However, in the event that an electronic communication contains information regarding threats of bodily harm, Manhattan College reserves the right to divulge the identities of the parties involved in such communication to the proper authorities.
User IDs and Passwords: Manhattan College has an obligation to respect the privacy of all users of College systems. Each user number, login and account name, or any other user ID and password is the property of an individual student, staff, faculty, administrator, department or administrative unit. No one shall use another’s or authorize anyone else to use his/her user number, login name, user ID, or account name and password. No one shall use aliases, nicknames, pointers or other electronic means to attempt to impersonate, redirect or confuse others. No one shall use any means to capture information intended for others without permission of the intended recipient. Toward this end, owners accept the burden for stewardship and responsible use and dissemination of their user numbers, login names, user IDs and account names and passwords.
User Programs/Files: Programs and files belong to the owner of the user account or directory that contains the programs and files. The files and their intellectual content are presumed to be private and confidential unless the owner has explicitly made them available to the public. If the owner allows access to files by way of file sharing, then it is presumed that the owner has waived his/her privacy rights but retains whatever copyright rights, if any, may exist. When necessary for the maintenance of a system or network, Computer Center personnel may gain access to files that belong to others. In such circumstances, Computer Center personnel are charged with holding individual-level data confidential except when that information is needed to resolve an accusation of a violation of the College’s Responsible Use of Computing and Information Services policy. Programs and files that belong to the owner of a personal computer shall be subject to the same rights to privacy afforded to programs and files on any computer connected to the College systems.
Administrative Databases: The privacy and confidentiality of computer files also apply to information from the College’s administrative databases. Improper access and/or dissemination of information from administrative databases are a violation of the College’s Responsible Use of Computing and Information Services policies. To obtain information from or access to administrative databases requires written permission of an appropriate administrator. Access to such information through a duly assigned administrative account by the authorized account user shall constitute permitted use and proper access. Education records are protected by and subject to the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA).
Network Tracking: Some programs gather information about users. If such information could directly or indirectly identify a person using the program, then to the extent practicable, each user shall be warned and given a chance to leave the program before data collection begins. To avoid issuing excessive warning messages, an exception is made for host or network operating systems (that may keep logs of user account numbers, log in/disconnect times, amount of computer resources consumed, etc.) and for electronic mail software that keeps a log of users of the mail servers and summary information (but not the text of) messages sent and received.
Invasion of Privacy: College systems shall not be used to invade someone’s privacy, including intrusion upon the solitude or seclusion of another or their private affairs or concerns; public disclosure of private facts; misappropriation of one’s name or likeness (including College system user names); or knowingly or recklessly placing someone before the public in a false light. Any of these actions, which would be highly offensive to a reasonable person, also may subject the offending party to civil liability.
Copyright and Commerce: Manhattan College respects an owner’s interest in proprietary software or other assets that pertain to computers or network systems, even when such software or assets are not securely protected. Legitimate use of a computer or network system does not extend to whatever an individual is capable of doing with it.
Manhattan College adheres to U.S. copyright laws, including the Copyright Act of 1974 and as amended, and thus does not condone any unfair (i.e., outside fair use exception) or otherwise unauthorized use of copyrighted information (including computer software) or the posting of electronic copies of literary works in disregard of copyright restrictions or contractual obligations. Anything less than adherence to
the letter and the spirit of copyright law is unethical. The unauthorized use of any software or data that is protected by copyright is both unethical and illegal unless you are the owner of a license to use such data or program. The placement of misappropriated, copyrighted material on College systems violates the College’s policy of Responsible Use of Computing and Information Services.
Any use of College systems for commercial activity is generally incompatible with the College’s legal status as a not-for-profit corporation chartered by the Regents of the University of the State of New York and exempt from taxation under IRC 501(c)(3). Trafficking, for-profit or otherwise, in goods and/or services using College systems, when not compatible with the interests of Manhattan College, is generally inconsistent with Manhattan College’s tax-exempt status and unrelated to its educational mission (i.e., sale of software on the Internet from the residence halls). Such activity violates this policy.
Fair Use and Public Domain Exceptions: One of the rights accorded to the owner of copyright is the right to reproduce or authorize others to reproduce the work. This right is subject to certain limitations found in the Copyright Act (Title 17, U.S. Code). One of the more important limitations is the doctrine of “fair use.” The statute contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship and research. It also sets out four factors to be considered in determining whether or not a particular use is fair:
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The safest course is always to get permission from the copyright owner before using his/her material. When it is impractical to obtain permission, use of copyrighted material shall be avoided unless the doctrine of “fair use” would clearly apply to the situation. One in a relative position of authority shall not knowingly or recklessly direct others to reproduce copyrighted material without properly secured permission from the copyright owner.
Material in the public domain (as generally defined by relevant laws or regulations) or software labeled generally as freeware is there for all to use and may be used freely. Material labeled as shareware may be subject to restrictions and shall be used in accordance with the author’s directions.
Peer-to-Peer File Sharing: In full compliance of the Higher Education Act on Copyright Infringement, the unauthorized distribution of copyrighted material, such as through peer-to-peer (P2P) networks, is a violation of the College’s Responsible Use policy (http://www.manhattan.edu/policies/policy.pdf ) and may also subject students to civil and criminal penalties.
If the College receives a notice that the IP address assigned to a student has been identified as one that is distributing unauthorized copies of copyrighted material, the student will be barred from accessing the campus network and will be required to certify that all unauthorized material has been removed before that privilege is restored. Copyright infringement is unlawful and thus a violation of the Student Code of Conduct; therefore, judicial procedures and sanctions will apply. Under the law, the College could also be required under subpoena to release your name to appropriate authorities.
When technology makes it easy to abuse the rights of others, it may be tempting to engage in such behavior. Resist the temptation and use only legal downloading sites. As an alternative to illegal downloading, there are now many online sources that provide for free and fee-based legal downloading (i.e. http://www.riaa.com/toolsforparents.php?content_selector=legal_music_sites).
Harassment: College systems are not to be used for harassment of any individuals, groups or classes of individuals. Harassment is the sending, posting, forwarding, copying, relaying or otherwise transmitting or conveying intimidating, abusive or other repeated and unwelcome messages after a request to stop.
College systems are not to be used for sexual harassment, a form of harassment that warrants its own policy and procedures (Policy and Procedures on Sexual Harassment and Discrimination) that are hereby incorporated by reference.
College systems are not to be used for viewing, downloading or transmitting obscene material. Such use may constitute sexual harassment. College systems are not to be used for any purposes that are inconsistent with policies set forth in the Faculty and/or Community Standards and Student Code of Conducts.
1. The College reserves the right to limit access to its computers and network systems when applicable College policies or codes, contractual obligations or state, federal or local laws are violated, but does not monitor or generally restrict the content of material transported to or from, and/or across its system.
2. The College reserves the right to remove or limit access to material posted on its systems when applicable College policies or codes, contractual obligations, or state, federal or local laws are violated, but does not monitor the content of posted material posted.
3. The College does not monitor or generally restrict material on computers housed within a private domain or on non-College computers, whether or not such computers are attached to campus networks.
Violations of this policy may involve the use of College computer and network systems, including electronic communication to:
Note: As a matter of policy, the College protects expression by members of its community and does not wish to become an arbiter of what may be regarded as offensive by some members of the community. The College cannot protect individuals against the existence or receipt of material that may be offensive to them. However, in exceptional cases, the College, through usual channels and established procedures, may decide that material directed to individuals or groups presents such a hostile environment that certain restrictive actions are warranted.
c. Reporting Violations
College community members shall report any violation of this policy to the Dean of Students Office (Thomas Hall, Floor 5) or the appropriate person listed above. Written statements can be submitted on the College’s incident report forms (available in Dean of Students office), in another written format of the reporter’s choice or using one of the formats described herein. Any evidence to prove the allegations shall also be included with the report. Reports shall include as much detail as possible and only factual information and be void of opinions and/or personal beliefs or suspicions. The general area of violation also shall be listed. The Dean of Students can assist complainants in completing an incident report, if necessary.
d. Potential Sanctions
Student violators may be subject to revocation of privileges and restitution for any damages that result from their violations. Violations that were initiated from residence halls may result in probation or expulsion from the residence halls. Other sanctions based on the severity of the violation(s) include disciplinary probation and/or expulsion from the College. Disciplinary sanctions for students are explained in detail in the Community Standards and Student Code of Conduct.
Based on the severity of the violation, non-student College community members may be subject to reprimand, suspension or termination of employment. Restitution may be required for any damages that result from their violation.
e. Procedures for Systems or Network Administrators
In certain cases, the priorities of protecting the College against seriously damaging consequences and/or safeguarding the integrity of computers, networks and data either at the College or elsewhere, may make it imperative that temporary restrictive action be taken on an immediate basis. In such instances, systems or network administrators may take temporary restrictive action, preferably with the prior approval of the departmental policy officer, pending final adjudication by the College. All restrictive actions taken
must be documented and justified in accordance with this policy. If there is no designated policy officer, or if the policy officer is not immediately available, the Dean of Students or Provost may be contacted for guidance or assistance.
The incident and any action taken shall be documented and this information protected, as would any confidential material. This information may be subject to review by appropriate College authorities, so it is important that the information be current, complete and correct, maintained in an electronic database as appropriate and easily retrievable.
Note: In some instances, such incident reports may, of necessity, include education records and, as such, will be protected from disclosure under the Family Educational Rights and Privacy Act of 1974 (FERPA).
11. Appendix 1 of the Computing Policy
1. General Violations:
a. Refusal to comply with any lawful directive of a clearly identifiable College official acting in the performance of his or her duties in the enforcement of this College policy
b. To forge, fraudulently alter, or willfully falsify or otherwise misuse College or non-College records, documents, or communications including electronic communications or to possess such altered documents without proper authority
c. To harass, abuse or threaten another using College systems as the means for such harassment, abuse, or threats
d. To sexually harass another person
e. To violate copyright law (“fair use” is not a violation) using College systems
f. To traffic, for profit or otherwise, in goods and/or services, using College systems when incompatible with the interests of Manhattan College
g. To recklessly or maliciously interfere with or damage College systems, data, files, or other information
h. To invade someone’s privacy and/or violate provisions of FERPA
12. Appendix 2 of the Computing Policy
1. Violations Targeting Individuals
a. The sending to an individual using College systems repeated and unwanted (harassing) communications including but not limited to communications that are sexual in nature or communications motivated by race, ethnicity, religion, gender or sexual orientation.
· Targeted individual files complaint.
§ For Students, the Dean of Students or Department Chair/Director; Dean of School; Provost receives the complaint.
§ For faculty, staff or administrators, the Affirmative Action Officer receives the complaint and shall also notify Director of Public Safety.
b. The posting or other dissemination using College systems of personal, confidential or sensitive information about an individual(s) (e.g., academic records; medical information; other information that if
disseminated could have legal or damaging implications for the targeted person or individual). Personal expression is not meant to be limited or restricted by this policy; however a targeted person may nonetheless have other remedies against the violator.
· Targeted individual or System or network administrator files complaint.
§ For Students, the Dean of Students or Department Chair/Director; Dean of School; Provost receives the complaint.
§ For faculty, staff or administrators, the Affirmative Action Officer receives the complaint and shall also notify Director of Public Safety.
2. Violations Causing Harm to Activities of Others
a. Propagating chain E-mail; jamming or bombing electronic or voice mailboxes
· Targeted individual or System or network administrator files complaint.
§ For Students, the Dean of Students or Department Chair/Director; Dean of School; Provost receives the complaint.
§ For faculty, staff or administrators, the Affirmative Action Officer receives the complaint and shall also notify Director of Public Safety.
b. Forging, altering, or willfully falsifying electronic headers, directory information, or other electronic information.
· Targeted individual or System or network administrator files complaint.
c. Forging academic documents using electronic communications; hoarding, damaging or otherwise
interfering with access to academic resources using College systems; misrepresentation of one’s work using electronic communications; collusion on examinations, papers, or other academic work using College systems; fabrication of research data using College systems
· Faculty member or individual whose work is stolen, misrepresented or otherwise compromised or damaged files complaint.
3. Violations Targeted at Classes of Individuals
Posting hate speech regarding a group’s race, ethnicity, religion, gender, or sexual orientation when such expression presents a hostile environment, constitutes harassment or otherwise warrants restrictive actions
· System Administrator or member of targeted group files complaint.
Manhattan College and its representatives on occasion take photographs and videos for use in the College's promotional materials including publications, advertisements, websites, and press releases. Unless a written statement to the contrary is filed with the Marketing & Communication office by emailing firstname.lastname@example.org, all students give implicit permission and authorization to Manhattan College to use any photograph or video of themselves that is taken by or is authorized by a Manhattan College staff member for promotional or instructional purposes. By granting permission, students release any and all claims for damages for libel, slander, or invasion of right of privacy.
The College reserves the right to relocate students and their property and/or impose interim restriction from the College and residence halls if College officials have a reasonable basis to believe that there is a threat to the safety and security of the campus community.