College Policies

Equity & Diversity
 

Statement of Policy
 

Erie Community College is committed to equal opportunity in educational programs, admissions and employment. It is the policy of Erie Community College to provide equal opportunity for all qualified applicants, students and employees and to prohibit discrimination. Erie Community College prohibits discrimination based on race, color, religion, sex, national origin, age, disability, veteran status, marital status, sexual orientation, military status, domestic violence victim status, predisposing genetic characteristics, or any other protected class as defined by New York State or Federal Law. In cases where space is limited, Erie Community College does not discriminate in recruitment, admission or the employment of students as required by federal and state laws and regulations. Erie Community College finds that diversity of students, faculty, administrators, and staff is a crucial element of the educational process and is committed to enhancing education through initiatives to increase diversity at all levels. Erie Community College will continue efforts to recruit and retain minorities and women for jobs where they have previously been underrepresented.

Inquires related to discrimination should be referred to the Title IX Section 504 ADA Compliance Coordinator Director of Equity & Diversity, ECC City Campus, 121 Ellicott Street, Buffalo, New York 14203 (716) 851-1118.

Students’ Rights under Equal Employment/Diversity Policy
 

Students have the right to a discrimination free educational program in course offerings and all campus activities. In 1964, the passage of the Civil Rights Act rendered discrimination on the basis of race in schools and other institutions illegal. In 1972, Title IX of the Education Amendments was enacted to prohibit discrimination on the basis of sex in educational institutions and programs. The Rehabilitation Act of 1973, section 504, as well as the Americans With Disabilities Act, protects the rights of disabled students, which means that particular efforts must be made to ensure accessibility to campus facilities and programs to disabled persons whether they matriculated, non-matriculated, undergraduate or graduate students, faculty or other employees. It means permitting access and full participation by persons with a wide range of disabilities through the elimination of architectural, public relations, program and attitudinal barriers.

Students’ rights include equal opportunity in admissions, financial aid and counseling. Differential treatment on the basis of gender or race, or any other protected class in the classroom which affects the performance of the student and which constitutes harassment is prohibited.

If a student feels he or she has been discriminated against for the above reasons, the individual should contact the Director of Equity and Diversity or the Dean of students.

Disabled Individuals Including Veterans and Vietnam Era Veterans Policy
 

It is the policy of the College to undertake outreach and positive recruitment activities to provide opportunities for qualified disabled individuals including qualified disabled veterans, veterans of foreign wars and veterans of the Vietnam Era. Reasonable accommodations shall be made as necessary to accommodate the physical and mental limitations of employees or applicants.

The College shall offer both employment and promotion in employment to disabled individuals. Compensation shall be determined without regard to any disability income, pension or other benefits that the applicant or employee receives from any other source.

Students or employees with chronic medical conditions which may render them “disabled” within the meaning of the Americans with Disabilities Act or New York Executive Law shall not be denied admission to the College on the basis of this disability. In addition, reasonable accommodations will be provided upon request as required by law.

Students who are in need of a reasonable accommodation should contact Disabled Student Services  .

All medical information submitted in connection with an application for reasonable accommodation will be kept confidential, as required by law.

Employees who are in need of a reasonable accommodation in connection with their employment should contact the Director of Human Resources at (716) 851-1840.

Harassment and Discrimination Policy
 

Harassment is defined as any person’s conduct which unreasonably interferes with an employee’s or student’s status or performance by creating an intimidating, hostile, or offensive working or educational environment based on a protected class. Unlawful harassment includes offensive or demeaning treatment of an individual where such treatment is based upon prejudiced stereotypes of a protected class or group to which that individual may belong. It includes, but is not limited to, objectionable epithets, threatened or actual physical harm or abuse, or other intimidating or insulting conduct directed against the individual because of his or her membership in a protected class. Similarly, offensive or demeaning treatment of an individual based upon sex, which includes offensive comments and gestures, sexual innuendos and other sexually offensive behavior is prohibited. Title VII and the New York Executive Law requires employers to take prompt corrective action to remedy unlawful discrimination or harassment based upon any protected class.

Not every act that might be offensive to an individual or a group will be considered harassment. Whether the alleged conduct constitutes unlawful harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of the conduct and the context within which the alleged incident occurs. Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum.

Sexual assaults may be criminal acts, and, as such, an investigation and processing by the criminal justice system, local police, campus security, and crisis intervention may supersede or occur in addition to the process developed under this policy.

Consensual Relationships Policy
 

Intimate relationships between supervisors and their subordinates and between faculty members and students are strongly discouraged due to the inherent inequality of power in such situations. These relationships could lead to undue favoritism or the perception of undue favoritism, abuse of power, compromised judgment, or impaired objectivity.

Engaging in a consensual relationship with a student over whom the faculty member has either grading, supervisory, or other evaluative authority constitutes a conflict of interest. The faculty member must take steps to remove the conflict by assigning the student to a different teacher or terminating the relationship, at least while the student is in his/her class. It is a conflict of interest for a supervisor to engage in a consensual relationship with a subordinate over whom he/she has evaluative or supervisory authority. The supervisor must take action to resolve the conflict of interest by assigning another individual to supervise and/or evaluate the subordinate.

Reporting Unlawful Harassment, Discrimination or Retaliation Policy
 

Erie Community College will not tolerate unlawful harassment in the academic or work environment. ECC recognizes that all individuals have the right to study and work in an environment free from unlawful harassment. No individual shall retaliate or discriminate against another individual who has filed a harassment or discrimination complaint.

These procedures may be utilized by any student, employee or applicant for employment who believes he or she has been subjected to unlawful harassment. All faculty members, students, and staff are subject to this policy. Any faculty member, student, or staff found to have violated this policy by engaging in behavior constituting unlawful harassment, discrimination, or retaliation will be subject to disciplinary action, which may include dismissal, suspension, termination, or other appropriate action.

All faculty members, students, and staff, particularly management and supervisory personnel, are responsible for taking reasonable and necessary action to prevent and discourage unlawful harassment and are required to promptly report conduct that could be in violation of ECC policies and procedures. Such reporting should occur when information concerning a complaint is received from any source.

All faculty and staff members are required to cooperate with investigations of alleged unlawful harassment. Failure to cooperate may result in disciplinary action being taken up to and including termination. Students are also required to cooperate with these investigations.

Procedures for Reporting Harassment, Discrimination and Retaliation
 

Erie Community College will properly and promptly investigate complaints and, when warranted, appropriate corrective action taken. In situations that require immediate action because of safety or other concerns, the institution may take any administrative action that is appropriate.

Current or former students or student applicants shall present any complaint of harassment to a Dean of Students or Director of Equity and Diversity. The Director of Equity and Diversity is located in room 174 of the City Campus, 121 Ellicott Street, Buffalo, New York (716) 851-1118. Allegations by one student against another student must be referred to the Dean of Students, at City Campus, 121 Ellicott, Buffalo New York, 14203, (716) 851-1120; at North Campus, 6205 Main, Williamsville, New York 14221, (716) 851-1420; or at South Campus, 4041 Southwestern Blvd., Orchard Park New York, 14127, and (716) 851-1620. If the charge is against the Director of Equity & Diversity, please contact the Executive Vice President for Legal Affairs, South Campus, 4041 Southwestern Blvd., Orchard Park, New York, 14127, (716) 270-4434.

Every attempt will be made to obtain the details of the complaint either orally or in writing. The complainant shall include the circumstances giving rise to the complaint, the dates of the alleged occurrences, and names of witnesses, if any. If written, the complaint will be signed by the complainant. Even if the complaint is verbal, the matter will still be investigated and appropriate action taken. Complaints made anonymously or by a third party will also be investigated to the extent possible.

No person seeking information, equal employment opportunity counseling or who files a complaint will be adversely affected in any manner because he or she utilizes these procedures. Complaints of retaliation based upon the utilization of the complaint procedure or as a result of participating in an investigation under this section will be investigated in the same manner as discrimination and harassment complaints and corrective action will be promptly taken, if substantiated.

1. Any college employee or student who believes to have been aggrieved or unlawfully harassed may report such conduct to the Director of Equity and Diversity, or in the case of students, alternatively to a Dean of Students. The Director of Equity and Diversity will conduct an investigation into the matter and also seek to resolve the matter informally.
2. The Director of Equity and Diversity will investigate all allegations of unlawful harassment whether verbal or in writing. An investigation shall be conducted to establish whether there has been a violation of the policy. The investigator shall interview the complainant, the respondent, and other persons believed to have knowledge related to the investigation. It is the responsibility of the investigator to weigh the credibility of all individuals interviewed and to determine the weight to be given information received during the course of the investigation.
3. To the extent possible, the investigation will be conducted in such a manner to protect the confidentiality of both parties. However, the complainant, respondent, and all individuals interviewed shall be informed that the College has an obligation to address harassment, discrimination and retaliation, and that, in order to conduct an effective investigation, complete confidentiality cannot be guaranteed. Information may need to be revealed to the respondent and to potential witnesses. However, information about the complainant should be shared only with those who have a legitimate business need to know about it.
4. If the complaint does not rise to the level of harassment or conduct that is improper under Erie Community College policies, the investigator may dismiss the complaint without further investigation, after consultation with Legal Affairs. The complainant should be informed of other available processes, such as the employee grievance/complaint process or a student grievance process, if applicable.
5. When a person against whom the complaint is filed is a student, the Dean of Students will investigate the complaint in compliance with the procedures outlined in this policy and is in accordance with the Course Catalog, where applicable. If it is determined that a violation of the policy has occurred, any resulting action will be undertaken in compliance with ECC’s student disciplinary procedures as outlined in this course catalog.
6. The complainant, whether it is a student or employee, shall be notified as to whether the Director of Equity and Diversity has determined that unlawful harassment, discrimination or retaliation occurred.
7. When a student is the complainant, the respondent, or an individual interviewed, all documentation referring to that student shall be subject to the provisions and protections of the Family Education Records and Privacy Act (FERPA).
8. If the complainant is not satisfied with the findings, he or she may pursue the matter to either the United States Department of Education (www.ed.gov), New York State Division of Human Rights (www.dhr.state.ny.us) or United States Equal Employment Opportunity Commission (www.eeoc.gov), whichever administrative agency has jurisdiction to hear such complaints.
    

Programs or Activities Receiving Federal Financial Assistance
 

In addition to the protection of Title VII of the Civil Rights Act of 1964, Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or nation origin in programs or activities receiving federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is a provision of employment or where employment discrimination causes or may cause discrimination providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational program or activities which receive federal assistance.

If you feel that you have been discriminated against under any of the above laws, you should contact the Office of Equity & Diversity at the City Campus, 121 Ellicott Street, Buffalo, New York 14203, room 174, (716) 851-1118. For additional information, go to Equity & Diversity on ECC’s website.
 

Maintenance of Public Order Pursuant to Article 129-A of Educational Law
 

1. Rules for the Maintenance of Public Order

Accordingly, the Board of Trustees of the State University of New York has adopted written rules (8 NYCRR §535) for the maintenance of public order on campuses and other associated properties used for educational purposes pursuant to NYS Education Law §6430.

This policy encompasses rules for the maintenance of public order, prohibited conduct, freedom of speech, assembly, picketing and demonstration on campus, including penalties for violation of these rules.

With respect to enforcement of these rules and regulations, we note that the Bylaws of the Board provide that THE PRESIDENT, with respect to his educational unit, shall:

1. Have the affirmative responsibility of conserving and enhancing the educational standards of the college and schools under his jurisdiction.
2. Be the adviser and executive agent of the Board and of his respective College Committee and as such shall have the immediate supervision with full discretionary power in carrying into effect the Bylaws, resolutions, and policies of the Board, the lawful resolutions of the several faculties.
3. Exercise general superintendence over the concerns, officers, employees, and students of his or her educational unit.

The Rules

1. Prohibited Conduct-No person either singly or in concert with others shall:

1. Willfully cause physical injury to another person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from an act which he or she has a lawful right to do or to do any act which he or she has a lawful right not to do;
2. Physically restrain or detain any other person;
3. Remove anyone from any place where he or she is not authorized to remain;
4. Willfully damage or destroy property of the campus or property under its care;
5. Remove property of the campus or property under its care;
6. Use campus property or property in the campus’s care without authorization;
7. Enter into any private office of an administrative officer, member of the faculty or staff member without implied or explicit permission;
8. Enter into and remain in any campus building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use;
9. Remain in any building or facility after it is closed without authorization;
10. Refuse to leave a campus building or facility after being required to do so by an authorized administrative officer;
11. Obstruct the free movement of people and vehicles in any place to which these rules apply;
12. Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately disrupt or prevent the freedom of any person to express his or her views, including invited speakers;
13. Knowingly have in his or her possession upon the premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the Chief Administrative Officer, whether or not a license to possess the weapon has been issued to such the person;
14. Willfully incite others to commit any of the acts prohibited in this section with the specific intent to procure them to do so;
15. Take any action, create or participate in the creation of any situation, which recklessly or intentionally endangers the mental or physical health of anyone for the initiation into or affiliation with any organization;

1. Supplementary Rules-The rules in section I.A. of this policy may be supplemented by additional rules for the maintenance of public order but only to the extent that such rules are not inconsistent with those listed here.

1. The additional campus rules must be approved by the Board of Trustees of the State University of New York and filed with the commissioner of education and the Board of Regents within 90 days of adoption by the Board of Trustees.

1. The establishment of supplementary rules for the maintenance of public order does not preclude the establishment of student behavior codes by College Councils in accordance with the procedures described in Board of Trustees Policy Student Conduct Regulation Guidelines.
2. Hereafter, whenever this policy refers to the Rules for the Maintenance of Public Order, it shall also be deemed to include any supplementary rules promulgated here under.
3. Applicability of the Rules – The rules and regulations contained in section I.A. of this policy govern the conduct of students, faculty, all other staff, licensees, invitees and all other persons, whether or not their presence is authorized, upon any University campus to which the rules apply. They also apply to the same individuals with respect to any other premises or property, under the control of the University or University campus, and that are used in teaching, research, administrative service, cultural, recreational, athletic or other programs and activities.

1. Charges against any student for violation of the rules in section I.A. of this policy that result from alleged actions upon the premises of any other campus to which these rules apply shall be heard and determined at the campus where the student is enrolled.

D.   Communication of the Rules – The rules in section I.A. of this policy as well as any approved additional campus rules for the maintenance of public order shall be provided to all students enrolled in the campuses of the University.

1. Campuses shall promptly communicate with all members of the campus community (administration, faculty, staff and students) on issues related to the rules in section I.A. of this policy as well as supplementary rules adopted and approved by the Board of Trustees.
2. To the extent that time and circumstances permit, such communication shall precede the exercise of the authority, discretion and responsibilities granted and imposed by the rules in this policy. Each campus, in matters such as these, shall employ such procedures and means, formal and informal, as will promote such communication.

E.   Freedom of Speech and Assembly; Picketing and Demonstrations.

1. No student, faculty member or other staff member or authorized visitor shall be subject to any limitation or penalty for expressing his or her views or for assembling with others for such purpose;

1. Peaceful picketing and other orderly demonstrations in public areas of campus grounds and buildings are not subject to interference, provided there are no violations of the rules in section I.A. of this policy.

2. In order to provide maximum protection to the participants expressing their freedom of speech and to the campus community, each president shall:

1. Promulgate procedures appropriate to that campus for provision of reasonable advance notice of the date and time of any planned assembly, picketing or demonstrations upon the grounds of the campus; the proposed location of the assembly or exercise; and the intended purpose;

1. the procedures and processes shall be reviewed and revised periodically;
2. the procedures and processes for advance notice shall not be made a condition precedent to any assembly, picketing or demonstration; and
3. providing advance notice shall not automatically have permission to use a campus facility or building without also following the appropriate processes for obtaining permission to use campus facilities and buildings.

II.  Campus Procedures and Penalties for the Violation of the Rules of Maintenance of Public Order

The Board of Trustees of the State University of New York has adopted campus procedures and penalties for the violation of the rules of maintenance of public order on campuses and other campus properties used for educational purposes pursuant to NYS Education Law §6430, as outlined herein.

1. Procedures and Penalties for Different Categories of Individuals.

1. The president shall inform any licensee or invitee who shall violate any provisions of these rules that his or her license or invitation is withdrawn and shall direct him or her to leave the property of the campus. In the event of a failure or refusal to leave the premises, the president shall cause the licensee or invitee’s ejection from the campus.
2. In the case of any other violator, who is neither a student nor faculty or other staff member, the president shall inform the violator that they are not authorized to remain on the property of the campus and direct them to leave the premises. In the event of a failure or refusal to leave the premises, the president shall cause the violator’s ejection from the campus’s property.
   
   Nothing in this subdivision shall be construed to authorize the presence of anyone at any time prior to such violation nor to affect his or her liability to prosecution for trespass or loitering as prescribed in the penal law.
3. In the case of a student, charges for violation of any of these rules shall be presented and shall be heard and determined in the manner hereinafter provided in section II.3.b.and section II.3.c. of this policy.

1. The policy Student Conduct Regulation Guidelines authorized by NYS Education Law §356(3)(g) and codified in 8 NYCRR §500 provides for College Councils to promulgate or review and ratify rules for student conduct subject to supervision of the Board of Trustees of the State University of New York. The rules so established in such local conduct codes are valid only if they are adopted by College Councils in the manner consistent with Trustee policy. The decision to charge a student under such rules in the campus’s local conduct code or those rules contained in section I.A. of this policy must be made. Once the choice is made, the campus must completely adhere to and follow the procedures, processes and penalties described for the path elected. A campus cannot charge a student under both the campus local code of conduct and the rules and procedures set forth in this policy.
2. Notice, Hearing and Determination of Charges against Students

1. Whenever a complaint is made to the president or his designee of a violation by a student or students of the rules prescribed in section I.A. of this policy or whenever he or she has knowledge that such a violation may have occurred, he or she shall cause an investigation to be made and the statements of the complainants, if any, and of other persons having knowledge of the facts reduced to writing.
2. If the president or his designee is satisfied from such investigation and statements that there are reasonable grounds to believe that there has been such a violation, he or she shall prepare or cause to be prepared charges against the student or students alleged to have committed such violation.
3. The charges shall state the specific offense and section designation of the offense’s prohibition and shall specify the ultimate facts alleged to constitute the offense. Such charges shall be in writing and shall be served on the student or students named therein by delivering the charges to the student or students personally, if possible, or if not, by mailing a copy of such charges by registered mail to the student or students at their usual place or places of abode while attending campus and also to their home address or addresses, if different.
4. The notice of charges so served shall fix a date for a hearing of the charges not less than 10 or more than 15 days from the date of service which shall be the date of mailing where necessary to effect service by mail.
5. Failure to appear in response to the charges on the date fixed for the hearing, unless there has been a continuance for good cause shown, shall be deemed to be an admission of the facts stated in such charges and shall warrant such action as may then be appropriate. Before taking such action, the hearing committee, referred to section II.3.c. of this policy, shall give notice to any student who has failed to appear in the manner prescribed in section II.3.b.iv. of this policy, of its proposed findings and recommendation to be submitted to the president and shall so submit such findings and recommendations 10 days thereafter unless the student has meanwhile shown good cause for his or her failure to appear, in which case the hearing shall be rescheduled.
6. Upon demand at any time before or at the hearing, the student charged or his or her duly designated representative shall be furnished a copy of the statements taken by the president in relation to such charges and the names of other witnesses who will be produced at the hearing in support of the charges. The provision of the witness names and statements shall not preclude the testimony of witnesses who were unknown at the time of such demand.
7. The president may, upon the service of charges, suspend the student named therein from all or any part of the campus’s premises or facilities pending the hearing and determination thereof, whenever, in the president’s judgment, the continued presence of such student would constitute a clear danger to himself or herself or to the safety of persons or property on the premises of the campus or would pose an immediate threat of disruptive interference with the normal conduct of the campus’s activities and functions; provided, however, that the president shall grant an immediate hearing on request of any student so suspended with respect to the basis for such suspension.

1. c. The Hearing Committee and Its Procedures for Charges against Students

1. There shall be constituted at each campus a hearing committee to hear charges against students of violation of the rules for the maintenance of public order entailed to in section I.A. of this policy. Such committee shall consist of three members of the administrative staff and three members of the faculty, designated by the president, and three students who shall be designated by the members named by the president. The president shall appoint a chairperson of the committee.

For more information on procedures for charges against students please refer to
https://sharepoint.ecc.edu/SiteDirectory/StudentAffairs/default.aspx
 

III.   Mandates for Enforcement of the Rules for Maintenance of Public Order

1. The Board of Trustees of the State University of New York has adopted enforcement policies for the rules and regulations for the maintenance of public order on campuses and other campus properties used for educational purposes pursuant to NYS Education Law § 6430 as outlined herein.

Enforcement Program

1. The president shall be responsible for the enforcement of the rules in § I.A. of this policy, and he or she may designate to other administrative officers authorization to take action in accordance with such rules when required or appropriate to carry them into effect.
2. It is not intended by any provisions herein to curtail the right of students, faculty or staff to be heard upon any matter affecting them in their relations with the campus. In the case of any apparent violation of the rules in section I.A. of this policy by such persons, which, in the judgment of the president, does not pose any immediate threat of injury to person or property, the president may make reasonable effort to learn the cause of the conduct in question. They may make a reasonable effort to persuade those engaged therein to desist and resort to permissible methods for the resolution of any issues which may be presented. In doing so, the president shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the campus where their continued presence and conduct is in violation of these rules.
3. In any case where violation of the rules in section I.A. of this policy does not cease after such warning and in other cases of willful violation of such rules, the president shall cause the ejection of the violator from any premises, which he or she occupies in such violation. The president shall initiate disciplinary action as provided in section II of this policy.
4. The president may apply to the public authorities for any aid which he or she deems necessary in causing the ejection of any violator of these rules.
5. The president may request the University counsel to apply to any court of appropriate jurisdiction to restrain the violation or threatened violation of such rules. There are no forms relevant to this policy.

Advisory Committee on Campus Security

Pursuit to the NYS Educational Law Article 129-A, section 6431, the Safety and Security Committee reviews current campus security policies and procedures and makes recommendations for their improvement. The committee specifically reviews current policies and procedures for:

1. Educating the campus community, including security personnel and those persons who advise or supervise students, about sexual assault pursuant to section sixty-four hundred thirty-two of this article;
2. Educating the campus community about personal safety and crime preventions;
3. Reporting sexual assaults and dealing with victims during investigations;
4. Referring complaints to appropriate authorities;
5. Counseling victims, and
6. Responding to inquiries from concerned persons.

Goals

• To provide a vehicle to educate the campus community (faculty, staff and students) on personal safety and security issues, particularly, matters related to prevention of sexual assault, reporting, and counseling of victims.
• To provide a platform for discourse on health, safety, and security college-wide concerns.
• To assess and recommend safety and security policy or matters to the Board of Trustees.
• To ensure institutional compliance with Education Law, specifically Article 129-A.
• AVP College Safety and Security

Committee Membership

Committee membership consists of the following:
While the president has the authority to make all appointments to the committee under the Statute, some of the appointments must be made based upon lists provided by either the faculty organization (College Senate) and student governance organization (SGA). In the cases where you are making appointments off of a list, we recommend that asking for twice the number of those to be appointed to allow you some discretion in the selection.

I.  Student Membership (3 Students):

A.  One third of students must be appointed from a list of students that contains at least twice the number to be appointed, with the list to be provided by the largest student governance organization on campus. We recommend requesting 6 proposed names from SGA.
 

II.  Faculty Membership (3 Faculty):

B. One third shall be appointed from a list of faculty members that contains twice the number to be appointed, with the list to be provided by the largest faculty organization on campus. We recommend requesting 6 names from the College Senate.
 

III. Other Membership (3 Staff):

C. One third of the committee shall be selected by the president. These are your appointees and you can appoint whomever you want in your discretion.

IV. Female Membership (6 Female):

D. Half of the total composition of members of the advisory committee must be female.

The committee reports, in writing, to the college president or chief administrative officer on its findings and recommendations at least once each academic year, and such reports shall be available upon request.
For more information regarding the Campus Safety and Security Committee, please contact the Associate Vice President for Student Affairs at (716) 851-1205, the Associate Vice President for College Safety and Security (716) 270-5612, or the Director of Human Resources at (716) 851-1844.
 

Sexual and Racial Harassment

For information on sexual and racial harassment and procedures, please refer to the Equity & Diversity section.
 

Consenting Relationships and Sexual Orientation

For information on consenting relationships and sexual orientation and procedures, please refer to the Equity & Diversity section.
 

Campus Crime Reporting and Statistics

Pursuit to the NYS Educational Law Article 129-A, section 6433 a copy of the Erie Community College crime statistics as reported annually to the U. S. Department of Education will be provided upon request by the Vice President for Security or the Dean of Students. Information can also be obtained from the U. S. Department of Education website at: http://ope.ed.gov/security/ and the Safety and Security website. http://www.ecc.edu/studentLife/supportservices/campussafety
 

Investigation of Violent Felony Offenses and Reported Missing Students

Pursuit to the NYS Educational Law Article 129-A, section 6434 Chapter 22 of the Laws of 1999 of the State of New York establishes certain requirements for investigation of violent felonies and reporting of missing students on college campuses in New York State.

Violent Felony Offenses

Reports of an on campus violent felony offense is received by the college or when a report of a violent offense involving a college student is received by the municipal police department, the recipient shall notify the Associate Vice President for Security as soon as possible. The police departments will work collaboratively and carry out appropriate investigative procedures and will determine the most efficient manner of continuing the investigation and shall provide mutual assistance when requested.
 

Reported Missing Students

Once a missing student report is filed with the Campus Safety and Security Department, the department will notify the municipal police department immediately. The department will conduct a preliminary investigation in order to verify the validity of the complaint and to determine the circumstances which exist relating to the missing student. If the student’s absence is verified, the incident will be reported and shared between departments. Both departments will continue the investigation to locate the missing student. If, after further investigation, the missing student is not located, both departments will determine the most efficient manner of continuing the investigation. In any event, information relating to any report of a missing student shall be shared by both parties no later than one day from the time of the initial report. If the missing student is located or returns to the college at any time after the matter has been reported, each party shall notify the other immediately.
 

Please refer to the Campus Safety and Security website for additional procedures
http://www.ecc.edu/studentLife/supportservices/campussafety

Definitions

“Missing Student” means any student of the college subject to the provisions of Section 355(17) of the New York State Education Law, who resides in a facility owned or operated by the college and who is reported to the college as missing from his or her residence.
 

“Violent Felony Offense” means a violent felony offense as defined in Section 70.02(1) of the Penal Law of the State of New York.

Bias-Hate Related Crime Prevention Information

Pursuit to the NYS Educational Law Article 129-A, section 6436, the Erie Community College mission is to protect all members of its community by preventing and prosecuting bias or hate crimes that occur within the campus’s jurisdiction.
 

Hate crimes, also called bias crimes or bias-related crimes, are motivated by the perpetrator’s bias against an individual victim or group based on perceived or actual personal characteristics, such as their age, religion, ethnicity, gender, sexual orientation, or disability.
 

Hate and bias crimes are more prevalent in today’s society, particularly since the passage of the Federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). Copies of the New York law are available from the Safety and Security Offices on each campus.
 

Penalties for bias-related crimes are very serious and range from fines to imprisonment, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to the college’s Code of Conduct procedures where sanctions including dismissal are possible.
 

In addition to preventing and prosecuting hate and bias crimes, Erie Community College also assists in discouraging bias and related activities that may be considered low level. These activities, referred to as bias incidents and defined as acts of bigotry, harassment, or intimidation directed at a member or group within the college community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the Equity and Diversity Officer or the campus conduct code. Incidents or reports shall be referred to the Equity and Diversity Officer at (716) 851-1118. If you are a victim of, or witness to, a hate and bias crime on campus, report Safety and Security by calling 911 in an emergency or calling or stopping by the Campus Safety and Security Office for each campus. 
 

Victims of bias crime or bias incidents are urged to contact the following offices for assistance:

Safety and Security
City Campus, Room 102, (716) 851-1133;
North Campus, Room S-115, (716) 851-1433
South Campus, Room 5223-E, (716) 851-1633

Dean of Students Offices
City Campus, Room 167, (716) 851-1120
North Campus, Room G157, (716) 851-1420
South Campus, Room 5218, (716) 851-1620

Equity and Diversity, City Campus, Room 174, (716) 851-1118

Student Support Service Centers
City Campus, 45 Oak Street, Room 102 (716) 851-1188
North Campus, Room S213, (716) 851-1488
South Campus , Room 5206, (716) 851-1688
 

More information about bias-related and bias crimes, including up-to-date statistics on bias crimes is available from the ASVP for College Safety and Security, City Campus Room 114, (716) 270-5612 and at http://www.ecc.edu/studentLife/supportservices/campussafety

Credit Card Policy
 

Erie Community College, in concert with the New York State Education Department regarding Article 129-A of the Education Law, Section 6437 gives the College the opportunity to prohibit the marketing of credit cards to students on all Erie Community College campuses. Furthermore, this policy prohibits any advertising, marketing, or merchandising of credit cards to our college students.

Erie Community College promotes and implements good credit management practices through college programs which include workshops, seminars, discussion groups, and film presentations.

Inappropriate Use of Alcohol and Drugs

As a result of the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), drugs and alcohol will not be tolerated. Members of the college will be charged appropriately and held accountable for their behavior while under the influence of alcohol and/or drugs. Students will be subject to disciplinary action for violations of the Code of Conduct.
 

Student Code of Conduct and Discipline
 

Purpose

The purpose of this policy and procedure is to inform students of expected behavior, the right to due process for suspected violations of the student code of conduct, and the consequences for violations.

Applicability of the Policy and Procedure

The policy and procedure applies to all visitors and students enrolled in credit and non-credit course work.

Erie Community College, sponsored by the County of Erie and under the supervision of the State University of New York, realizes that the rights and privileges exercised by any person are always a function of his/her relationship with others. Taken in the context of the college, this makes students responsible for their actions while members of the college community. The college has a responsibility in establishing a Student Code of Conduct to protect, as a whole, the unique properties of this college organization and to provide an atmosphere for sound academic and co-curricular learning.

Therefore, Erie Community College expects its students to assume a professional attitude in their conduct. This simply implies that the student has a seriousness of purpose and is here to grow both personally and academically. By enrolling at Erie Community College, the student agrees to abide by all college regulations, and it is understood that he/she is aware of the Student Code of Conduct and its procedures.

Any type of dishonest, abusive, or destructive behavior is subject to inquiry and may result in disciplinary action, and or a hearing. Loss of privileges, specified discipline action, or more severe sanctions, for example, separation from the college may be imposed on any student whose conduct on or off campus adversely affects his/her stature as a member of the academic community. The Deans of Students reserves the right to deny students the privilege of participating in student activities for disciplinary reasons, based upon the Code of Conduct.

Violation of Law and Discipline

Students charged with a violation of the Code of Conduct and the charges are also violation of any law, disciplinary action may be applied against a student without regard to any pending civil or criminal proceedings criminal arrest or prosecution at the discretion of the Campus Safety and Security.

Violation of the Student Code of Conduct

The following is a list of infractions of the Code of Conduct, which might lead to probation, suspension or dismissal:

1. Physical or verbal abuse, including disorderly, loud, indecent, obscene conduct or expression toward fellow students or any and all members of the college staff. Sexual harassment, bullying, intimidation, or assault of any other person (person is defined by State or Federal law). This includes rape, regardless of the nature of the relationship between the persons involved, or engaging in hazing, stalking, harassment, bias or hate crimes or threats of violence based on, but not limited to, a person’s ethnicity, national original religion, creed, sexual orientation, disability, age, or gender. Examples of hazing include, but are not limited to, paddling or other physical abuse or brutality, activities involving illegal acts of excessive fatigue and/or stress, and verbal and/or psychological abuse that compromise the dignity of individuals.
2. Tampering with safety alarms or equipment, violation of specific safety regulations, possession or use on campus of firearms, knives, other weapons, explosives, or fireworks. Making a false report of a bomb, fire, or other emergency in any building, structure or facility on college property. Alter or make unwarranted use of firefighting equipment, safety devices, or other emergency safety equipment.
3. Forcible disruption or obstruction of regular college activities, including administration, classes, campus services, and organized events interfering with free speech and movement of academic community members; or refusal to provide an identification card when requested or to obey any other legitimate instruction from a college public safety officer, faculty member, teacher, college administrator, or any other identified representative of the college.
4. Dishonesty, such as cheating or plagiarism is handled by academics and will be referred to the appropriate department chair or head.
5. Falsifying information to the college, such as forgery, alteration, or reporting felony convictions, intentional misuse of college documents, records or identification.
6. Any conduct that constitutes a violation of the laws of the United States, the State of New York, County of Erie, City of Buffalo, or any other civil jurisdiction.
7. Picketing, assembly, and demonstrations and all activities in the nature of peaceful picketing, assembly (other than scheduled and approved) and demonstrations on the part of students, faculty, staff, and visitors shall be confined to the exterior of the building, unless permission is granted by the appropriate vice president.
8. Misuse of the name, seal, or logo of Erie Community College or claiming to speak or act in the name of the college without due authorization of the president or an approved representative.
9. Unauthorized gambling in any form on the campus or in any of the College buildings.
10. Open or public possession, sale, use or exchange of illegal substances or intoxicants on campus.
11. Theft, abuse, or unauthorized use of public or private property, including unauthorized entrance into college facilities, and/or possessions of stolen property. Vandalizing, damaging, destroying, or removing personal property from another individual.
12. Smoking tobacco products or use of is prohibited on all campuses. For further information, contact your campus Dean of Students Office.
13. Activation of cellular telephones, pages or other communication devices in classrooms, libraries, or inappropriately use of such devices in violation of others. Cell phones may not be used in the libraries.
14. According to the Acceptable Use Policy, students may not improperly use college computers for the purpose of accessing pornographic or obscene materials or websites, harassing or stalking.

Appendix

“Range of Educational sanctions” (May be assigned either alone or in combination if student is found to be in violation).

1. Official Warning – An official warning is an oral notification to the student that his/her behavior is unacceptable in the College community and that repetition of that behavior will result in further disciplinary action. This sanction may be given by the Dean of Students without a formal hearing.
2. Disciplinary Reprimand – A disciplinary reprimand is a written notification to the student that his/her behavior is unacceptable in the College community and that repetition of that behavior will result in further disciplinary action. This sanction may be given by the Dean of Students without a formal hearing.
3. Restitution – Restitution requires the student to pay for all direct and indirect costs of damages caused to property or person. No amount beyond that, for example as a “fine,” may be assigned. Restitution may be required by the Dean of Students without a formal hearing, if the student accepts responsibility.
4. Loss of Privileges – Privileges within the College community may be revoked for a specified period of time, as long as they are consistent with the nature of the offense and the education of the student. This sanction may be given by the Dean of Students without a formal hearing.
5. Alternative Educational Sanctions– Alternative educational sanctions are intended to contribute to the education of the student, the education of the College community, and/or to be a form of social restitution. Alternative sanctions are specifically designed to “fit” the individual student and the nature of the specific offense. They may include a requirement to present and education program for fellow students, to write and informative research article for the student newspaper, to perform a specified number of hours in community service, etc. In assigned educational sanction, care must be taken not to violate the individual student’s constitutional rights.
6. Disciplinary Probation – A disciplinary probation is a definite period of time during which the student is required to fulfill specified conditions or obligations, with the understanding that failure to meet the requirements of the probation or further infraction of College policy may result in more severe sanctions including suspension or dismissal. This sanction may be given by the Dean of Students without a formal hearing.
7. Suspension – A suspension is a separation from the College, for a specified period of time, ranging from a portion or all of a given semester to a full academic year. Conditions for return to the College, if any, must be outlined at the time of suspension. In addition, restrictions on the suspended students’ access to the campus during the period of suspension may be assigned including the assignment of a formal PERSONA NON GRATA status. This sanction may be given by the Dean of Students without a formal hearing.
8. Dismissal/Expulsion - Dismissal/expulsion may be the permanent separation of the student from the College. It is reserved for the most serious of offenses against the College and/or the members of the College community.

Student’s Involuntary Removal from Campus(es) Due to Behavior

When a student speaks or exhibits behavior that is perceived as deteriorating to the point of posing a direct threat to other members of the Campus community, the Dean of Students has the right to prevent a student from being on campus. This is a preventative action. Prior to the start of the next semester, or thereafter, the student must re-apply through the Admissions Department and present documentation to the Chairperson of the Admissions Review Committee that the source of the problem has been addressed/resolved in order to re-enroll for classes. The committee will then make a recommendation to regarding readmission. The Dean of Students will make the final determination. Should the behavior reoccur, the Dean has the right to permanently expel the student.

Documentation Presented for Re-Admission after a Voluntary or Involuntary Removal from Campus

A student who is presenting documentation of extenuating circumstances for a return to campus should present that documentation to the Admissions Department for review by the Admissions Review Committee. In the case of documentation related to a disability, that information should be submitted to the Campus Counselor for Students with Disabilities who will share pertinent information with the committee on a “need to know” basis. All documentation submitted is confidential. The Committee reserves the right to request additional documentation if they determine that what was submitted was adequate. If a student refuses to provide additional documentation, the student will continue with the assigned PERSONA NON GRATA status.

Admission or Re-admission of a Student with a History of Violent Behavior

As a component of its responsibility to protect all members of the college community, the college reserves the right to refuse admission or re-admission to any individual who has a history of violent behavior such as murder, rape, assault, molestation.  Procedures and appeals for dealing with Code of Conduct infractions may be obtained by visiting sharepoint.ecc.edu.

Student Services and Academic Grievance Procedure

It is the intent of Erie Community College to encourage a prompt and informal resolution to problems.

The purpose of an informal resolution is to resolve an issue at the lowest complaint level. Informal complaints, provide an opportunity for the parties involved, to come to an understanding and reach an agreement for a resolution in which both have ownership.

Definitions
 

1. A complaint involves the application, interpretation, or violation of:

• a college policy;
• an administrative procedure;
• an administrative regulation; and
• academic complaints involving an interpretation of a course syllabus or grade disputes shall follow the procedure outlined in the section below, called “Academic Complaints”. A complaint is handled differently based on whether it is filed against a student service or academic affairs office, department or staff.

The following flowcharts outline the compliant process for Student Affairs.

Student Affairs Complaint Procedure Flow Chart 

Academic Grievance Procedure

Relationships between a faculty member and students within a given academic course are tailored in such fashion to be purposely self-contained. They are insular in nature with course expectations and student outcomes stated and content and procedures described within a course syllabus making the academic experiences somewhat unique to that specific course offering. Every effort is made to keep this relationship intact and free from external influence. On occasion, disagreement does arise between the faculty member and the student over a final grade received in the course. When such a circumstance does occur, the final grade in question may be reviewed to determine if a change in status is warranted. The following steps should be taken to address the issue at hand.

1. The student should contact the instructor of the course to discuss the grade in question. Such a request should be made no later than three weeks after the final grade for the course is submitted.
2. If no resolution can be reached, the student may contact the Department Chairperson of the academic department to consider the student’s request. The Department Chairperson may resolve the matter between the student and instructor at this point in the process.
3. If the student is still not satisfied with the resolution of the grade, the Assistant Academic Dean or Department Head administratively responsible for the academic unit may be petitioned to review the matter. The decision reached by the Assistant Academic Dean/Department Head, in collaboration with the faculty member, is final.

Other circumstances that impact the relationship between a faculty member and a student enrolled in the course, such as the grading of an individual assignment or matter of attendance, may arise. Such matters should be dealt with by the faculty member with the student. If necessary, the Department Chairperson/Department Head may be approached to mediate the outcome of the matter in question.

Judicial Board

For more information regarding procedures and processes for the Judicial Board visit sharepoint.ecc.edu

Standards of Eligibility for Student Leadership Positions and Athletics
 

Students who are members of executive boards of SGAs, student members of the ASC, editors of student publications, presidents of student clubs and the SGA President/Student Trustee are required to meet the standards of eligibility as outlined in the Student Government Association Policies and Procedures Manual.

Student athletes participating on the intercollegiate level in any of the National Junior College Athletic Association (NJCAA) certified sports must be eligible to compete based on the requirements set forth by Erie Community College and the NJCAA. Student athletes are required to follow the Erie Community College Code of Conduct as well as Rules of Conduct established by the NJCAA.

Students in leadership positions and student athletes will sign a release allowing their grades to be used to determine eligibility and for advisement purposes by college Counselors and Mentors. The Dean of Students monitors publications officers while the Activity Coordinators monitor Student Government Association officers and club-elected officers. Club advisers must present a list of student officers to the Student Activity Coordinators no later than October 1 for the fall semester and February 15 for the spring semester to verify grades.

During the first month of each semester, club advisors should inform all members that a 2.0 cumulative average is necessary in order to participate in club activities. The Activity Coordinator ensures that student voting members at SGA meetings meet the minimum grade point average of 2.0.

The Dean of Students reserves the right to deny students the privilege of participating in student activities for disciplinary reasons, based upon the college Code of Conduct.

Alcohol Policy
 

It is recognized that consumption of alcohol at any activity may be a pleasurable aspect of the program. It should not, however, be considered the primary purpose for which the event is sponsored nor should it be the central activity around which the program evolves. Normally, events at which alcohol is served may not be held on campus. Further, student activity fee money may not be used to purchase alcohol for any off-campus events.

Drug-Free Workplace Policy
 

Erie Community College is committed to the development and maintenance of a drug-free environment, and, in accordance with the Drug Free Workplace Act of 1988, prohibits the unlawful possession, use, manufacture, distribution and dispensation of controlled substances (drugs and alcohol) in and on Erie Community College owned or controlled property. Students charged with the possession, sale, or use of alcohol or a controlled substance will be subject to the full penalty of the law which is stated in all applicable Federal, State and Local laws. Reference: Title M, Article 220 and 221 of the New York State Law.

Students found to be at risk of drug or alcohol abuse will be referred to local, public and private agencies that have a history of providing rehabilitation services.

Students who are charged with unlawful use of alcohol or substance possession and/or sale may be subject to the following sanctions:

1. Students whose presence on the campus poses a clear danger to other students, staff, or faculty may be prevented from continuing in their studies until such time as the charge has been heard.
2. Given the nature and severity of the offense, students may be permitted to continue in class while undergoing voluntary rehabilitation services.
3. Students involved in rehabilitation programming will remain on probation until such time as the program has been successfully completed, as attested to by the agency providing the service.

Erie Community College is committed to a drug-free workplace and will work diligently to promote and enforce the following county policies:

1. The unlawful manufacture, distribution, disposition, possession, or use of a controlled substance during working hours at any county workplace is prohibited, and an employee engaging in such conduct shall be discharged in accordance with applicable employee bargaining unit contracts.
2. The Erie County Employee Assistance Program shall offer substance abuse counseling and referral to rehabilitation programs.
3. Each employee shall abide by the Federal Drug-Free Workplace Policy. It is the responsibility of each employee to notify his/her supervisor of any conviction or violation of any criminal drug statute arising out of actions at the employee’s workplace, no later than five days after such conviction. The employee’s supervisor shall, upon receipt of such notice:
   A. Notify any Federal contract officer within 10 days of such conviction; and,
   B. Impose the following sanctions and/or remedial measures within 30 days upon any employee who is convicted of drug violations in the workplace;
   C. Take appropriate disciplinary action against the employee, up to and including discharge; and/or,
   D. Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health law enforcement or other appropriate agency.
4. In connection with this policy, employees are directed to note Rule #2 and Rule #15 of the Employee Handbook, which are Class A dischargeable violations.

Erie Community College will make continuing efforts to maintain a drug-free workplace by strict enforcement of this policy and its requirements.

Anti-Hazing Policy
 

No student or any other person shall engage conduct which recklessly or intentionally endangers the mental or physical health or involves the forced consumption of alcohol or drugs for the purpose of initiation or affiliation into or affiliation with any organization.

Immunization Requirements for Registration and Attendance
 

New York State Public Health Laws 2165 and 2167 pertain to post-secondary students attending colleges and universities.

PHL 2165 requires college students born on or after January 1, 1957 who are taking six or more credit hours to provide proof of immunity to Measles, Mumps and Rubella. Proof consists of documentation of two live Measles vaccines, one live Mumps vaccine and one live Rubella vaccine (or two doses of combined MMR vaccine). Alternatively, students may provide proof of immunity by submitting laboratory results of blood testing that shows they have antibodies to Measles, Mumps and Rubella.

PHL 2167 requires that all college students enrolled for six or more credit hours, regardless of birth date, be informed about Meningococcal Meningitis, and further, complete, sign and date the Meningitis response section of the Confidential Student Health Form. The meningococcal meningitis vaccine is recommended but is optional. A student may respond either by providing documentation of the date the vaccination was received within the past 10 years, or by signing a refusal/waiver of vaccination.

Before being allowed to register for classes, students must complete the Confidential Student Health Form, including immunization information if required, and submit it directly to the campus Health Office. Those students who submit a partial record of immunization before registration, who have a confirmed medical appointment within one month to complete the NYS requirements, will be granted a thirty day grace period in order to comply. Please note: according to New York State Public Health Law, Erie Community College shall not permit any student with incomplete records to continue to attend the institution beyond thirty calendar days, without completely satisfying the public health law requirements. Erie Community College reserves the right to withdraw students who do not meet New York State Department of Health regulations as outlined. Tuition, fees, and book costs incurred by the student during the semester, will not be refunded should it be necessary that the college impose NYS PHL 2165 and/or NYS PHL 2167 sanctions. Withdrawn students must completely satisfy the immunization requirements prior to being re-enrolled for classes.

Student Right-To-Know Act
 

Graduation Rate Disclosure Information
 

On July 1, 1992, the Student Right-To-Know and Campus Security Act went into effect. Among its provisions is the requirement for institutions receiving federal student aid funds to make available to prospective students the college’s graduation, retention, and attrition rates.

This report, the Student Right-To-Know/Graduation Rate Disclosure, is available at all Admissions Offices college wide through the Call Center or directly from the college’s Institutional Research Office at North Campus.

Individuals with questions or seeking clarification related to any aspect of this report should contact the Director of Institutional Research, North Campus, Gleasner Hall, Room 156, (716) 851-1431.