Student Life - Bryant & Stratton College (2023)

• Policies and procedures
• Accommodations for Students with Disabilities
• Student Code of Conduct Resignation Policies
• complaint resolution
• sanctions
• appeal process
• Complaint Procedures
• education records
• sexual misconduct policy
• Family Educational Rights and Privacy Act of 1974

Policies and procedures

non-discrimination policy

In accordance with its obligations under applicable law, Bryant & Stratton College prohibits discrimination based on race, color, national origin, age, sex, perceived gender identity, disability, religion, sexual orientation, marital status, pregnancy or any other feature protected by current law in administering its educational policies, admissions policies, grant and loan programs, and other programs administered by the College.

It is Bryant & Stratton College's policy to comply with:

• Section 504 of the Rehabilitation Act 1973 (Section 504) and its regulations, which prohibit discrimination on the basis of disability. It is also Bryant & Stratton College's policy to comply with the Americans with Disabilities Act of 1990 (ADA). Accordingly, Bryant & Stratton College does not discriminate on the basis of disability in admission to, access to, treatment of, or employment in educational programs and activities. In addition, Bryant & Stratton College fulfills its obligation to provide academic adjustments with necessary aids and ancillary services for eligible students with disabilities as required by Section 504 and/or the ADA.
• Title IX of the Education Amendments, 1972 and its regulations, which prohibit discrimination based on sex. This non-discrimination requirement extends not only to students but also to applicants to Bryant & Stratton College. In addition, this non-discrimination policy includes a prohibition against sexual harassment and sexual violence. Questions about the College's application of Title IX may be referred to the assigned campus Title IX Coordinator or the Assistant Secretary, Department of Education, Office of Civil Rights, or both.
• The Age Discrimination Act 1975 and its regulations, which prohibit certain age discrimination. Accordingly, Bryant & Stratton College does not unlawfully discriminate on the basis of age.

A person can contact theAmericans with Disabilities Act (ADA) / 504 Coordinator or Complaints Coordinatorwith issues related to compliance with disability laws. For questions regarding compliance with other anti-discrimination provisions, individuals may contact the Complaints Coordinator. See the Directory of Civil Rights and Other Non-Academic Grievances posted on the university website atwww.bryantstratton.edu.

If the individual has a complaint about an issue related to discrimination based on race, color, national origin, age, gender, perceived gender identity, disability, or religion, students may choose to use these complaint procedures. Individuals may also contact the Department of Education's Office of Civil Rights by email atOCR@ed.govor first-class mail to the US Department of Education, Office of Civil Rights, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue, SW, Washington, DC 20202-1100.

Accommodations for Students with Disabilities

Pursuant to Section 504 of the Rehabilitation Act of 1973 and the American Disability Act (ADA), Bryant & Stratton College recognizes and accepts its responsibility to provide a wide range of services to qualified students with disabilities in an effort to guarantee them equal opportunities. and full participation in their educational efforts. To that end, Bryant & Stratton College maintains institutional policies and procedures governing the provision of accommodations for students with disabilities.

Reasonable accommodations are available for students with a disability who provide documentation from a qualified professional and are "otherwise qualified" for university admission. The student must demonstrate the ability to meet the academic standards of the curriculum. Each student's eligibility for accommodations is considered and determined on a case-by-case basis, depending on the medical and/or psychological documentation provided. It is the students' right and responsibility to determine their need for services.

Students seeking accommodations must complete and submit a housing request form for review by the campus ADA/504 coordinator. A complete list of ADA/504 coordinators can be found on the University of California website.www.bryantstratton.edu. While students may discuss requested accommodations with faculty members if they wish, students should be aware that faculty members arenotauthorized to grant such accommodations. Students are encouraged to discuss with the ADA/504 Coordinator reasonable accommodations appropriate to support the student.

Student Code of Conduct/Dismissal Policies

Academic and Non-Academic Code of Conduct Policy Excluding Incidents of Sexual Misconduct

Students are expected to conduct themselves in a manner consistent with the university's educational mission. The term “student” includes all persons enrolled and taking courses at the College, whether full-time or part-time. This Student Code of Conduct applies to students at all Bryant & Stratton College locations, including online education students. College students are expected to behave honestly, ethically and meet the highest standards of personal integrity and comply with the Student Code of Conduct. Conduct that violates this Code, whether on campus or in school-related activities, including online activities, that threatens the safety or well-being of the Bryant & Stratton College community, regardless of the location of the conduct, is subject to appropriate disciplinary action. .

Policies and procedures regarding sexual misconduct and other related crimes are outlined in separate sexual misconduct policy guides for New York State and off-campus and New York State online campuses. These documents are an appendix to this Student Code of Conduct, Grievance and Dismissal Policy and Procedure.

Prohibited Conduct

Students may be subject to disciplinary action, including suspension or dismissal from Bryant & Stratton College for misconduct, including, but not limited to:

Unfaithful- The term “cheating” includes, but is not limited to: (1) inappropriate collaboration or conduct that the student knew or should have known gave him or her an unfair advantage in the course; (2) use any course material the distribution and use of which has been specifically prohibited by the instructor. This includes, but is not limited to, materials found on crowdsourced sites such as Course Hero, Grade Buddy, and Koofers, which contain materials such as quizzes and tests with grades, homework answers, etc., along with any questions that are or are may be intended for future tests and examinations; (3) sabotage; (3) forgery; (4) bribery; (5) the use of any unauthorized assistance in conducting tests, questionnaires or exams; (6) use of fonts other than those authorized by the instructor when writing documents, preparing reports, solving problems, or performing other tasks; (7) the acquisition, without permission, of tests or other academic material belonging to a faculty or staff member of the College; (8) theft of another student or person's academic work; and (9) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

Plagiarism- The term "plagiarism" includes, but is not limited to: (1) "self-plagiarism", which includes a student reusing significant, identical, or nearly identical portions of their own work without acknowledging or citing the original work; (2) the use of acquired reports or other material represented as student work; (3) use, by paraphrase or direct quotation, of another person's published or unpublished work without full and clear attribution; and (4) the unattributed use of materials prepared by another person or agency involved in the sale of monographs or other scholarly materials.

Other forms of prohibited behavior:

• Illegal downloading or unauthorized distribution of copyrighted materials using the college's information technology system. The College's procedures for dealing with unauthorized distribution of copyrighted materials by students and an explanation of the penalties that will be imposed for copyright infringement are provided in this Catalog.
• Providing false information to any College employee.
• Falsification, alteration or misuse of any document, record or instrument of identification of the College.
• Interrupting or obstructing university teaching, research, administration, disciplinary proceedings, or other activities (including an on- or off-campus service function, a sanctioned non-university event held on university property or online). Examples of such activities include, but are not limited to, the following:
  • Participating in a demonstration, riot or activity on or off campus that disrupts normal College operations or infringes on the rights of other members of the College community; direct or incite others to disrupt scheduled or normal activities in any area or building on campus. This includes activities in the online environment, such as posting defamatory content about the Bryant & Stratton online community.
  • Obstructing the free flow of pedestrians or vehicles on College premises or at College-sponsored or supervised events.
  • Disorderly, lewd or indecent conduct; breach of peace; or aiding, abetting, or contracting another person to break the peace on College property, including Bryant & Stratton College's online environment, or at events sponsored by or attended by College or members of the academic community. This includes, but is not limited to: any unauthorized use of electronic or other devices to make an audio, video, digital, or other electronic record of anyone while on University property, including Bryant's online environment & Stratton, without your consent. prior knowledge or actual consent where such recording could cause injury or suffering. An example of this conduct is secretly taking pictures of another person in a gym, locker room, or bathroom.
  • Drunk or disorderly behavior on college property or at college-sponsored or supervised events.
  • Conduct that threatens or endangers the health or safety of any person, including that person, on College property, including the Bryant & Stratton online environment, or at College-supervised or sponsored events. This includes, but is not limited to:
    • Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct that threatens, harasses, intimidates, humiliates or endangers any person, regardless of the geographic location of such activity. This includes, but is not limited to, any violation of the University's non-discrimination, non-harassment and non-retaliation policies and the aforementioned conduct carried out on social media and other online environments.
    • Hazing that endangers the mental or physical health or safety of a student or other members of the university community, or the destruction or removal of public or private property, for purposes of initiation, admission, membership, or condition of continued membership in a group or organization. The victim's express or implied consent shall not be a defence. Apathy or acquiescence in the presence of hazing are not neutral acts; are violations of this rule.
    • Prejudice-related crimes in which a member of the university community is singled out because of their alleged age, disability, or sexual orientation. Under the New York State Hate Crimes Act of 2000 (Section 485.05 of the New York State Penal Code), in addition to the criminal charges and penalties a perpetrator must face for the "felony" element of a hate crime , the law allows additional charges for the "hate" element as well. This significantly increases the crime the perpetrator is charged with, as well as the penalties and prison time if convicted.
    • Cause or create fire;
    • Illegal use, possession or tampering with safety measures or devices including, but not limited to, alarm systems, fire exit signs, emergency telephone systems, smoke or heat detectors, fire hoses, security systems, doors, etc.
    • Failure to comply with safety regulations, including, but not limited to, reporting or circulating a false report of an incident (e.g., bomb, fire, or other emergency), falsely reporting the use or possession of a firearm or explosive, or failure to evacuate facilities in a timely manner in emergency situations or in response to fire alarms.
    • Smoking in any building inside the College, except in suites and private rooms in student residences duly designated as “smoking”. Smoking is also prohibited within thirty feet (30 feet) of the outside ventilation entrance, within ten feet (10 feet) of college building entrances and open windows, and on all outside stairwells. Federal law prohibits all use, possession and/or cultivation of marijuana in US educational institutions. Federal law requires that any institution of higher education that receives federal funds have policies in place that prohibit the possession, cultivation and/or use of marijuana on campus, this includes Bryant & Stratton College. Therefore, the use, possession and/or cultivation of marijuana is not permitted on any off-campus property, facility, site, campus, building, residence or apartment obtained through Bryant & Stratton College, regardless of state law permitting. .
    • Illegal or unauthorized possession of firearms, explosives or other weapons, or hazardous chemicals on College premises. In the event that a student is licensed or authorized to carry a firearm and is required to carry a firearm even off-duty as a condition of employment or service, prior to coming to campus with the firearm, the person must present evidence of the license and proof of the obligation to carry a firearm, even when off duty, so that the College can validate such application.
    • Failure to report to the campus principal, dean, or local law enforcement agencies any knowledge of criminal activity on campus, including, but not limited to, murder, rape, burglary, aggravated assault, larceny, or motor vehicle theft. This report will be provided in a timely manner and will help to prevent similar occurrences.
  • Unauthorized use and misuse or abuse of college property, including but not limited to the following:
    • Attempting to leave the library with library materials that were not properly borrowed, unauthorized use of computer equipment, or misuse of faculty phones.
    • Attempted theft or actual damage to college property or the property of a member of the college community, or other personal or public property on or off college premises. The term “University Premises” includes Bryant & Stratton College's online environment, all land, buildings, facilities and other property owned or owned, used or controlled by the University (including adjacent streets and sidewalks).
    • Unauthorized possession, duplication or use of keys to University facilities or unauthorized entry or use of University facilities, including Bryant & Stratton College's online environment.

Theft or other abuse of the College's electronic or computer facilities and resources, including but not limited to the following:

• Unauthorized entry into a file.
• Unauthorized transfer of a file.
• Use of another person's ID and/or password.
• Use of electronic or computer facilities and resources to interfere with the work of another student, faculty member, or university employee.
• Use of electronic or computer facilities and resources to send obscene or abusive messages.
• Use of electronic or computer facilities and resources to interfere with the normal functioning of the Faculty's computer system.
• Use of electronic or computer facilities and resources in violation of copyright laws.
• Any violation of the university's computer usage policy or copyright abuse policy.
• Use of electronic or computer facilities and resources for purposes other than the College's educational, academic, administrative or research purposes.
• Theft, damage, or misuse of library or computer resources.

Failure to comply with applicable rules and policies, including but not limited to the following:

• Failure to comply with the instructions of College employees or public order agents who act in the exercise of their duties or not identifying themselves in front of these people when requested.
• Failure to comply with current campus health and/or safety policies, protocols, or requirements, including but not limited to those relating not only to one's physical safety and health, but also to physical health and safety. other members of the University Community.
• Putting other members of the University community at risk or danger in any way, including, but not limited to, actions or omissions that may cause or contribute to causing physical harm, injury, illness, or damage to property.
• Violation of any policy, rule or regulation published by the College.
• Violation of any federal, state or local law.
• Violations of the conditions of a sanction imposed through the College's disciplinary processes.

Failure to comply with residency policies, procedures, guidelines and regulations.

Any abuse of the college student court system (Code of Student Conduct, Complaints and Waivers, Sexual Misconduct, ADA/Accommodations, etc.), including but not limited to:

• Failure to comply with the determination of a judicial or official body of the School;
• Falsification, distortion or misrepresentation of information before a judicial body; Interrupting or interfering with the orderly conduct of legal proceedings;
• Knowingly institute legal proceedings without just cause;
• Attempt to discourage or obstruct an individual's proper participation or use of the court system;
• Influencing or attempting to influence another person to abuse or obstruct the justice system.
• Attempting to influence a member's impartiality in a hearing or grievance procedure;
• Verbally or physically harassing or intimidating a member of a judicial body or a witness before, during or after legal proceedings;
• Violation of sanctions imposed by the Bryant & Stratton College Code of Conduct, Complaints and Student Waiver.

Misuse or illegal use or abuse of controlled substances, including but not limited to the following:

• Use, possession, manufacture or distribution of marijuana, heroin, narcotics or other controlled substances prohibited by law. Federal law prohibits all use, possession and/or cultivation of marijuana in US educational institutions. Federal law requires that any institution of higher education that receives federal funds have policies in place that prohibit the possession, cultivation and/or use of marijuana on campus, this includes Bryant & Stratton College. Therefore, the use, possession and/or cultivation of marijuana is not permitted on any off-campus property, facility, site, campus, building, residence or apartment obtained through Bryant & Stratton College, regardless of state law permitting. .
• Use, possession, manufacture or distribution of alcoholic beverages or public intoxication. Alcoholic beverages may not, under any circumstances, be used, possessed or distributed to anyone under twenty-one (21) years of age.
• Engage in conduct that reflects negatively on the College.

The following individuals have been identified by your campus principal as the grievance coordinator/law enforcement officer on your campus. Unless otherwise noted, the titles of Claims Coordinator and Judicial Officer are interchangeable.

retaliation policy

Any attempt by a student, faculty, or staff member to retaliate, intimidate, threaten, coerce, or otherwise discriminate against a person who makes a report or participates in a report, investigation, or hearing for alleged violations of the conduct policy is prohibited. college. . Individuals who believe they have been retaliated against for filing a complaint/report or for cooperating in an investigation or hearing should immediately contact the University Complaints Coordinator. Anyone who retaliates against a person who cooperated in an investigation and/or hearing is in violation of college policy and will be subject to disciplinary action.

complaint resolution

Disciplinary procedures vs. complaint procedures

Individuals' concerns about discrimination-related complaints can be handled in two different ways: a "grievance procedure" or a "disciplinary procedure". They are different procedures that serve different functions. The grievance procedure is used when a student has a complaint of discrimination, harassment or some other offense against a member of faculty or administration. However, these procedures do not apply to disputes over an assigned grade because a faculty member's assessment of the quality of a student's work is final. Unless it is alleged that the qualification determination resulted from unlawful discrimination. Furthermore, these procedures do not apply to any matter inherent to an instructor's academic freedom, such as with regard to the curriculum or content of a course of instruction. Any student can initiate a complaint.

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

Resolution of a complaint may include a variety of remedies depending on the alleged facts, but it is only a disciplinary process that may result in a student being suspended or expelled.

Allegations of sexual misconduct (dating violence, domestic violence, sexual assault or stalking), made in the context of a grievance or disciplinary process, will be referred to the Title IX Coordinator, who will investigate and hear the case. the described disciplinary process. in the College's Sexual Misconduct Policies in lieu of these grievance procedures. Reports of sexual misconduct are handled with special considerations for the alleged victim and the accused, as detailed in the Sexual Misconduct Policies.

Student Disciplinary Procedure

This section describes the procedures that are followed when a Grievance Coordinator/Principal finds good cause to initiate disciplinary proceedings as a result of an allegation of a student's violation of the Code of Conduct or other application of the student conduct policy by a member of the faculty or administration.

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

These procedures are not intended to provide students with constitutional due process as a public institution would. Bryant & Stratton will attempt to resolve all disciplinary matters promptly, fairly and impartially. Students can expect full resolution to take at least a month and possibly longer depending on the circumstances. Any time period set forth below may be extended for cause by giving written notice to the accused student and the student complaining of the tardiness and the reason for the tardiness.

File a disciplinary complaint

Any member of the university community may submit a report alleging violation(s) of the Code of Conduct/Student Complaints Policy by a member of faculty or administration. Any report must be submitted as soon as possible after the event has taken place, preferably within fourteen (14) days. The complaint must be made in writing and addressed to the Complaints Coordinator, who will oversee the matter, unless otherwise indicated. The bailiff will then conduct an investigation of the allegations. The Grievance Coordinator must not have a conflict of interest or bias against the complainant or the accused student. If the Complaints Coordinator determines that the allegations can be administratively removed by mutual consent of the parties involved on a basis acceptable to the Complaints Coordinator, the Complaints Coordinator will dispose of the matter with proper record of the parties' consent. Such disposition will be final and will have no place for further processing. The Grievance Coordinator will promptly notify meetings at which the accused student or the complaining student, or both, may be present. The accused student and the complaining student shall have timely and equal access to information to be used during any disciplinary hearing or any informal disciplinary meeting.

collection letter

If the charges are not admitted or cannot be removed by mutual consent and the Grievance Coordinator concludes that the allegations, if proven true, would warrant disciplinary action, the Grievance Coordinator will conduct any necessary further investigation and prepare a Letter of Complaint. If the complaining student alleges sexual harassment or sexual assault, the Grievance Coordinator must obtain the complaining student's written consent to identify him or her to the accused student. The letter of accusation informs the accused student of the charges against him and the nature of the evidence for the charges, including the name of the accusing student. The letter of accusation must also contain:

• The provision(s) of the Code of Conduct allegedly violated;
• The date, time, place and allegations of fact relating to the alleged violation;
• Possible sanctions if it is determined that the defendant has violated the provisions of the invoked Code of Conduct;
• The date by which the accused student can respond in writing to the charges against him or her;
• The date by which the accused student must notify the Code of Conduct Committee of their desire for a hearing. (This can be the same date that the student's written response must be due if the student chooses to submit a response.)
  • Please note that this written response must be sent to the Code of Conduct Committee, which will review the evidence and conduct the hearing;
  • Please note that a finding that the Student Code of Conduct has been violated or the accused student's failure to respond (by submitting a written response and/or participating in a hearing) may result in adverse action against the student. including expulsion; Y
  • Please note that if the accused student requests a hearing, he or she must provide the Committee with a copy of all documents, other evidence, and the names and addresses of witnesses no later than three (3) calendar days prior to the hearing. want to present at the hearing.

This collection letter must be delivered to the accused student in a form that requires the accused student to confirm receipt, such as certified mail or e-mail, requested acknowledgment of receipt, or hand delivery with signed receipt. The Letter of Accusation will allow the Accused Student ten (10) calendar days to file a written response to the allegations in the letter, unless theComplaints Coordinatordetermines that circumstances warrant a shorter or longer period of time. An accused student who does not file a response or request a hearing by the deadline will be deemed to have waived the response or hearing and the Committee will respond without a response and/or hearing.

Code of Conduct Committee Process

Upon the issuance by the Complaints Coordinator of a Letter of Accusation, the Campus Director will immediately appoint one or three individuals to a Code of Conduct Committee to investigate the validity of the allegations. The Committee Code will include persons who were not previously involved in the Collection matter or persons involved in the Collection. Where possible, the Code of Conduct Committee will be comprised of a campus administrator, a faculty member, and a student advisor employed by the University who is not advising the person making the allegation or the accused student. The campus administrator appointed to the Committee will serve as chair.

The first task of the Code of Conduct Committee is to identify factual disputes between the parties (the Grievance Coordinator and the Accused Student) and witnesses, including the accuser. Committee members must remain neutral while they meet and present evidence. In fulfilling this duty, the Code of Conduct Committee will review the Indictment, the Letter of Indictment and collect additional evidence, including, but not limited to, relevant documents and written witness statements. In addition, the Committee may, at its discretion, interview the accuser, the accused student, and any witnesses it believes have relevant information. The Committee may collect statements from any or all of these parties.

At any time after the Campus Director is notified of a possible violation of the Code of Conduct, he or she has the power to impose a provisional suspension on the Accused Student. A provisional suspension is the removal of an accused student from class, campus (including the Bryant & Stratton online environment), or school-related activities.

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

During the provisional suspension, the student will be denied access to the residence halls and/or campus (including online and on-campus classes) and/or all other faculty activities or privileges determined by the Campus Director to be appropriate. The provisional suspension is not a substitute for the normal process, which will normally follow until the Code of Conduct Committee hearing, if necessary. The Campus Director shall notify the Accused Student in writing of this action and the reasons for the provisional suspension. The notification must include the time, date, and location of a meeting with the campus director at which the student can demonstrate why his or her continued presence on campus does not constitute a threat.

Regardless of whether the Accused Student receives a provisional suspension, the Committee will continue its review, and when that review is complete, the Code of Conduct Committee will send the Accused Student a Notice of Hearing that includes the date, time, and location. of the audience. The Committee shall attempt to schedule a hearing date no later than fourteen (14) calendar days after receipt of the Complaints Coordinator's Letter of Indictment.

Unless the Chair of the Code of Conduct Committee designates another date, no later than fourteen (14) calendar days prior to the hearing, each party will submit to the Committee and to each other a copy of all documents, other attachments, and the name and addresses of the witnesses you wish to present at the hearing. The witness list must also contain a summary of the testimony that the witness must present and indicate whether the party submitting the list wishes to cross-examine the other party's witnesses. In the absence of unusual circumstances, questioning of parties alleging sexual harassment or assault will not be permitted. The Committee's decision on whether to allow the interrogation will be final.

Both the Accused Student and Grievance Coordinator may present witnesses with information relevant to the allegations. In addition, the Code of Conduct Committee may call additional witnesses that it deems will assist in resolving the matter. If you decide to call additional witnesses, you will notify the parties up to five (5) calendar days before the hearing of the names of those witnesses. The Code of Conduct Committee will ensure the orderly presentation of witnesses and evidence and will have authority to determine the admissibility of testimony and other evidence. In addition, Committee members may ask questions of any of the witnesses.

The hearing will be closed to the public. The hearing may be held by teleconference. At the hearing, both the accused student and the grievance coordinator will be given the opportunity to make a brief opening statement. The entire hearing will be audio recorded and such recording will be retained and maintained for at least five (5) years. In cases involving more than one accused student, the Code of Conduct Committee will decide whether the hearing will be held separately or jointly. If the Accused Student, with notice, fails to attend a Code of Conduct hearing, information supporting the charges will be presented and considered in the Absence of the Accused Student. Except in cases of alleged dating violence, domestic violence, sexual assault or stalking, as described in the Sexual Misconduct Policies, an accused student is not entitled to counsel at the hearing, but may ask his or her attorney to file a petition with A court hearing. Committee review of the Code of Conduct prior to the hearing.

If the Code of Conduct Committee decides to allow cross-examination, each party will have the opportunity to cross-examine the other party's witnesses and any witnesses presented by the Committee. Each party shall be entitled to present a brief opening statement. The Grievance Coordinator is responsible for presenting and persuading the Committee that there is substantial evidence that the Charges in their Letter of Charge constitute a violation of the Code of Conduct and that, in fact, they occurred. Formal rules of process, procedure and technical rules of evidence are not used in Code of Conduct hearings.

The Code of Conduct Committee may accommodate concerns about the personal safety, welfare, or fears of confrontation of any witness or the Accused Student during the hearing by providing separate facilities, using a visual screen, or allowing participation by telephone, videophone, dated cover. television circuit, videoconference, video, audio, written statement or other means, as determined at the exclusive discretion of the Committee.

At the end of the hearing, the Code of Conduct Committee will meet in closed session to deliberate based solely on the evidence presented at the hearing and the charges contained in the Letter of Indictment. The closed session will not be recorded. The decision will be taken by majority vote in cases where there are three people on the Committee and in cases where there is only one person on the Committee, he will be the sole decision maker.

Upon reaching its decision, in the absence of compelling circumstances, the Code of Conduct Committee will notify both parties in writing of its determination within twenty (20) calendar days after the conclusion of the hearing. The determination must include a written statement detailing the factual findings that support the determination and the rationale for any sanctions imposed. The determination must be submitted within ten (10) calendar days of the conclusion of the hearing, unless it is impracticable to do so, and must include the date of the determination and the effective date of any sanction. The decision must be delivered to the accused Student in a form that requires the accused Student to confirm receipt, such as certified mail or email, requested acknowledgment of receipt, or hand delivery with signed receipt. The Committee may 1) Dismiss the case for insufficient evidence; 2) verify that there was no violation of the Code of Conduct; or 3) discover that a breach has occurred. If the Code of Conduct Committee concludes that there has been no violation, it will indicate this in its written decision, together with its Findings of Fact with supporting evidence. The accused student's permanent record will be deleted from the reference to the matter if the Committee finds no violation.

If the Committee decides that there is substantial evidence to support a finding that the Student has violated the Code of Conduct, its decision will state so and include an identification of the provision(s) violated by the Accused Student, Findings of fact, with the evidence on which it was based, a Conclusion and the sanction that will be applied for the infraction.

sanctions

In determining the appropriate sanction, the Committee will consider the nature and seriousness of the violation, mitigating circumstances and previous violations. Sanctions may include, but are not limited to:

• Warning: A written warning to the student that the student is violating or has violated institutional rules.
• Probation – A written reprimand for violation of specific rules that places the student on probationary status for a designated period of time and includes the likelihood of more severe disciplinary sanctions if the student is found to have violated institutional rules during the trial period. .
• Loss of Privileges - Denial of specific privileges for a designated period
• Separation from the victim
• Discretionary Sanctions: Work assignments, essays, or other related discretionary assignments
• Residence Suspension - Removal of the student from the residences for a defined period, after which the student is able to return. Readmission conditions can be specified.
• Expulsion from the Residence - Permanent separation of the student from the residence.
• University Suspension - Removal of the student from the University for a defined period of time after which the student is eligible to return. Readmission conditions can be specified.
• Expulsion from the College - Permanent separation of the student from the College.
• Revocation of Admission and/or Degree, Diploma or Certificate: Admission or a degree, diploma or certificate awarded by the University may be revoked for fraud, misrepresentation or other violations of the University's standards for obtaining same, or for other serious violations committed. by a student prior to graduation or completion.
• Withholding of Degree, Diploma or Certificate: The University may withhold the award of an otherwise obtained degree, diploma or certificate until the process set forth in this Student Code of Conduct has been completed, including completion of all imposed sanctions, if any. . it would have.

More than one of the penalties listed above may be imposed for a single offense.

appeal process

The accused student and victim or other complainant have the right to appeal the decision to the campus principal or designee by submitting a written appeal letter within ten (10) business days of receipt of the Code of Conduct Committee's decision . The Appeal Letter must provide a full explanation of the basis for the appeal with reference to the evidence presented to the Code of Conduct Committee. The Accused Student cannot rely on evidence not presented at the appeal hearing.

Except as noted below, the Campus Director or designee will base its decision solely on the evidence presented to the Code of Conduct Committee. In considering the appeal, the Campus Director or his designee will consider whether the Code of Conduct Committee hearing was conducted fairly in light of the charges and information presented and in accordance with prescribed procedures. Deviations from designated procedures will not be grounds for appeal unless they result in significant harm.

When deciding on an appeal, the campus director or his designee should consider the following:

• Whether the decision made regarding the Accused Student was based on substantial evidence, i.e. whether the evidence presented at the hearing was evidence that a reasonable mind could accept as adequate to support the conclusion that a violation of the Student Code of Conduct has occurred.
• Whether the sanction(s) imposed was/were appropriate for the violation of the Student Code of Conduct that the student committed. In considering this, the campus principal or designee may conclude that the sanction was appropriate, inappropriately excessive, or inappropriately lenient. In cases where the campus principal or designee concludes that the sanction was inappropriate, he or she may impose a different sanction, but not a more severe sanction, except as described below.

The director of the campus or his designee may consider new information not presented to the audience only when said information is sufficient to modify a decision and when said information has not been presented to the original audience, because said information and/or items were not known by the person. appeal at the time of the Code of Conduct Committee hearing. When the campus principal or designee has considered new information on appeal, he or she may impose a lesser or more severe sanction as warranted by the new information.

If the Campus Director or Designee holds an appeal, the Campus Director or Designee will issue their revised decision and revised sanction, if necessary. The campus principal or designee may conclude that further factual investigation is required, in which case he or she will refer the matter back to the original Code of Conduct Committee and Grievance Coordinator to reopen the Code of Conduct hearing accordingly. with the director's instructions. .

If an appeal is not accepted, the matter will be considered final and binding on all parties involved.

The decision on the appeal will be communicated to the defendant and the victim or complainant and will include the facts found, the decision and the penalty, if applicable, as well as the grounds for the decision and the penalty. In all appeal cases, the rights granted to the accused or the victim or the plaintiff will be granted to the other party.

Changes in Determination

If the appeal results in changes to the determination or sanctions, the Code of Conduct Committee will simultaneously notify both parties of such changes,

Complaint Procedures

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

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

All reports of sexual misconduct are heard through the disciplinary process outlined in the university's Sexual Misconduct Policy. Grade-related concerns may be raised in the Grade Appeal Procedures.

formal request

In cases where an informal resolution attempt is unsuccessful, informal resolution is not feasible or inappropriate, or the complainant prefers to skip the informal resolution process, the complainant may file a formal complaint.

A complaint is initiated by submitting a written complaint within 30 calendar days of the reported event to the Complaints Coordinator, who will then investigate the complaint. [NOTE: If the grievance coordinator is the subject of the grievance, the grievance should be referred to the campus director, who will designate a replacement to conduct the investigation and act as the grievance coordinator]. The claim must be signed by the claimant and include 1) the claimant's name and contact information; 2) the facts of the reported incident or action; 3) the date of the incident or act that gave rise to the complaint; 4) the type of discrimination that allegedly occurred; 5) efforts made to resolve the complaint, if any; 6) the specific remedy sought; and 7) the name of any witnesses and other evidence. The injured party must indicate in his complaint where he will be assisted by a representative and, if so, the name of the representative. For purposes of this proceeding, an attorney is not a suitable representative for either party.

Upon receipt of the complaint, the Complaints Coordinator will notify the person who is the subject of the complaint and provide an opportunity to respond in writing and identify witnesses and other evidence within five (5) business days.

The Complaints Coordinator will make an effort to complete this in its investigation of the complaint within 30 business days of submitting the written complaint. The investigation should include an interview with the relevant parties and any known witnesses, a review of the relevant evidence, including any evidence presented by the parties, and any other steps necessary to ensure a prompt, fair and thorough investigation of the allegation. Interviews of parties and witnesses will be conducted in a manner that will lead to a fair resolution of the matter, minimize conflict and prevent intimidation. In cases of harassment allegations, the Complaints Coordinator will not interview the whistleblower and the person who is the subject of the allegation together.

The complainant and the person against whom the complaint was filed may submit relevant evidence to the Complaints Coordinator during the investigation. Each party will have an equal opportunity to present such witnesses and evidence in accordance with the requirements and restrictions of the Family Educational Rights and Privacy Act (FERPA).

Both parties will receive regular updates on the status of the investigation as needed.

The Grievance Coordinator will issue a written disposition of the grievance and will endeavor to do so within 10 business days of completion of the investigation. The disposition will be determined by a pattern. If a substantial preponderance of evidence supports the complainant's claim, the Grievance Coordinator will issue a provision in support of the complainant.

Copies of the provision will be delivered to the complainant and the object of the complaint. Both parties will receive the decision at the same time. Disposition will be carried out promptly.

Appeal

If the complainant or person object of the complaint is dissatisfied with the Grievance Coordinator's decision, the Grievance Coordinator may submit a written appeal to the Campus Director within 10 business days of receiving the written disposition. The appeal must contain a full explanation of the reasons for the appeal. The Campus Director or designee will respond to the appeal, in writing, within 20 business days from the date of the appeal. Except in exceptional circumstances, as decided by the Campus Director or designee, an appeal not filed on time will be rejected as untimely. Copies of the response will be provided to both the complainant and the person who is the subject of the complaint.

The decision of the Campus Director is final.

Virginia students who are unhappy with the campus director's decision may contact Virginia State Board of Higher Education staff as a last resort at 101 N. 14th Street, Richmond, VA 23219.

Complaints Coordinator

Each Bryant & Stratton College campus has a Grievance Coordinator whose responsibility it is to administer these procedures. The grievance contact directory for all grievance coordinators on each campus is available athttps://www.bryantstratton.edu/pdf/BSCGrievanceContactDirectory2023.pdf

Each Bryant & Stratton College campus also has an ADA/504 coordinator who is responsible for ensuring the university's compliance with laws relating to persons with disabilities. However, it is the Complaints Coordinator, not the ADA/504 Coordinator, who administers these procedures when a disability discrimination complaint is filed.

Informal Resolution

Except for allegations of misconduct, a complainant who believes they have been discriminated against on the basis of sex, race, color, national origin, age, religion or disability by a member of Bryant & Stratton College faculty or administrative staff, you are encouraged, but not mandatory, to discuss the matter informally with the Complaints Coordinator. [NOTE: If the Complaint Coordinator is the subject of the complaint, the Complainant may contact the Campus Director, who will designate a replacement to act as Complaint Coordinator.] The Complaint Coordinator will verbally convey its findings to both the Complainant and to the claimant and the claimant within 10 working days. The Complaints Coordinator will document your oral findings and the date they were communicated.

In addition, any complainant who has started the informal resolution process can stop it at any time and start the form resolution process.

Participation in the informal resolution process does not extend the deadline (below) for filing a formal complaint unless, at the student's request, the Grievance Coordinator extends the deadline in writing.

SARA Student Complaint Process

Any Bryant & Stratton College student (on-campus, dedicated online students, and hybrid students) who has a complaint or complaint against the college that they wish to address must follow the complaint procedures outlined above. These procedures apply to all students regardless of the modality and regardless of the context of the complaint. Dedicated online students (located in US states and territories other than New York, Ohio, Virginia or Wisconsin) who have first gone through the above processes and whose complaint or complaint remains unresolved may file a complaint for their consideration to contact with the New York State Entity Portal SARA at the following address. Please note that student grade and conduct appeals cannot be directed to the SARA portal entity contact.

New York State Department of Education

Avenida Washington 89

Albany, New York 12234

Attn: Emily Sutherland, Higher Education Programs Supervisor

education records

Other than expulsion or revocation from the University or retention of a degree, disciplinary sanctions will not form part of the student's permanent academic record, unless the sanctions relate to the crimes of violence listed above in the Transcript Notes. They will become part of the student's disciplinary record. Upon graduation, a student's disciplinary record may be expunged for disciplinary actions other than removal of residency, suspension from the university, expulsion from the university, revocation or withholding of a degree, upon application to the Campus Director or designee. Cases involving the imposition of sanctions other than removal of residency, suspension from the university, expulsion from the university, or revocation or retention of a degree will be deleted from the student's confidential record six years after the case ends.

In general, disciplinary records are considered "educational records" under the Family Educational Rights and Privacy Act (FERPA) and therefore may be protected from disclosure. For this reason, such records should not be released without consulting the College's legal counsel.

Student Code of Conduct - Sexual Misconduct Policy Applies to All Campus and Online Education

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

The College seeks to create a climate free of sexual misconduct. In response to any report that a member of the Bryant & Stratton College community has engaged in sexual misconduct, the college will take all necessary steps to eliminate the misconduct, prevent its recurrence, and address its effects. These steps are defined in the Bryant & Stratton College Sexual Misconduct Policy applicable to all campuses and online education (hereinafter "Bryant & Stratton College Sexual Misconduct Policy").

Bryant & Stratton College's sexual misconduct policy applies to all members of the college community, including students, faculty, staff, other employees and independent contractors. The college will receive and address reports received from any individual, whether affiliated with Bryant & Stratton College or not, that a member of the college community has violated this policy.

Bryant & Stratton College recognizes that discrimination or harassment related to an individual's sex or perceived gender identity, which is prohibited by the Bryant & Stratton College Sexual Conduct Policy, may occur in conjunction with discrimination or harassment. origin, religion, age, disability, sexual orientation or any other legally protected characteristic ("Protected Characteristics"). Targeting individuals based on any protected characteristics violates University policy. Where the alleged misconduct includes an allegation relating to a person's sex or perceived gender identity, the College will apply the applicable provisions of the Bryant & Stratton College Sexual Misconduct Policy when conducting the Disciplinary or Grievance Procedures described in that policy or other applicable policies. .

This policy outlines the University's position, policies and procedures regarding incidents of sexual misconduct involving students and associates who attend or work on University premises, including online education.

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

Section 1: Statement of Purpose

Bryant & Stratton College is committed to promoting a learning and working environment in which all members of the university community feel safe and respected. Acts of sexual misconduct are contrary to the university's mission and educational values, are harmful to others, and will not be tolerated by Bryant & Stratton. This policy prohibits sex discrimination in the form of sexual violence, sexual harassment, retaliation and other behaviors prohibited in this policy. Collectively, these forms of misconduct will be referred to in this policy as “sexual misconduct.”

Conduct prohibited by this policy may also violate federal and/or state laws imposed by the criminal justice system. People are free to act under this policy and through the criminal justice system simultaneously. The College takes all reports of sexual misconduct seriously and promises to respond promptly and fairly to all reports of misconduct with the intent to eliminate the misconduct, prevent its recurrence, and address its impact on affected individuals and the community. from college. All College proceedings conducted with respect to alleged violations of this policy must be conducted in a timely and equitable manner, providing adequate notice and a meaningful opportunity for all parties to be heard.

Section 2: Scope of this Policy

This policy addresses conduct prohibited by federal law, including Title IX of the Civil Rights Act ("Title IX"), the Clery Act, and the Violence Against Women Act, as well as state law. This policy applies to all members of the University community, including students, University "associates" (i.e., faculty, staff, and other employees of the University), and independent contractors, who attend, work, or otherwise interact with the campuses. from the university. The University will receive and address reports received from any individual, whether affiliated with Bryant & Stratton College or not, that a student or associate of the University has violated this policy. Suppliers, contractors, visitors and others who conduct business with the College or on College property must also comply with this policy. The prohibitions and protections in this policy apply without regard to race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, family status, pregnancy, predisposing genetic characteristics, military status, victim of violence domestic. marital status or criminal conviction.

The prohibitions and protections in this policy apply to locations, including any building owned or controlled by a student organization officially recognized by the College, events and circumstances over which the College exercises substantial control when it also exercises such substantial control over the defendant and the context. in which the alleged sexual misconduct occurs. Accordingly, this policy applies to on-campus and off-campus activities, and to electronic and online activities, provided this substantial control test is met. In addition, if the alleged conduct did not occur against a person physically in the United States, this policy does not apply.

However, in the state of New York only, this policy will be enforced based on the identity of the reporter and/or the accused/respondent, not based on the geographic location of the alleged violation. Specifically, in New York, the provisions of this Policy will apply regardless of whether the violation occurs on or off campus. In the event that an incident occurs that falls within the scope of coverage of New York campuses, but does not fall under the above "substantial control" scope test, such violation will be deemed in accordance with New York State law and the terms of this Policy. but they will not be considered in Title IX. Online Division students will be considered within the scope of New York State law.

University associates and students who engage in conduct prohibited by this policy will be disciplined in accordance with the terms of this policy. This policy outlines protections specifically for students and associates who are the subject of sexual misconduct, as well as disciplinary procedures specifically relevant to students and associates who engage in such misconduct.

The actions the College has the authority to take against a person who violates this policy may vary or be limited where that person is not a member of the College community; however, whenever a member of the College community is subjected to sexual misconduct, regardless of the status of the person who committed it, the College will continue to provide support, resources and protection to the affected community member. Bryant & Stratton College will cooperate and assist with police investigations as required by law.

Section 3: Terminology and Definitions

Certain definitions in this Section contain very graphic language and may be disturbing to some people.

Due to the sensitive and sometimes violent nature of incidents involving sexual misconduct, the following definitions are provided for the informational use of students and associates and for guidance in investigating and prosecuting alleged violations. A specific action may constitute sexual misconduct even if it is not specifically mentioned in these definitions.

If you have any questions about what these terms mean or whether they apply to certain situations, please feel free to speak with your campus Title IX coordinator. If you are unsure who your campus' Title IX Coordinator is, a list of all campus Title IX Coordinators is provided in this Section below. Any questions about whether a specific incident violates state criminal laws should be directed to the local police or district attorney.

1. Sexual activity

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

• sexual act

  • Contact between the penis and the vulva or between the penis and the anus, and for the purposes of this paragraph, contact involving the penis occurs with penetration, even if light;

  • Contact between mouth and penis, mouth and vulva, or mouth and anus.

  • Penetration, even light penetration, of another person's anal or genital opening by a hand, finger or any object, with the intent to abuse, humiliate, harass, degrade, arouse or satisfy any person's sexual desire; any

  • Intentionally touching, not through clothing, the genitals of another person under the age of 16 with the intent to abuse, humiliate, harass, degrade or arouse or satisfy any person's sexual desire.

• sexual contact

  • Intentionally touching, directly or through clothing, the genitals, anus, groin, breasts, inner thighs or buttocks of any person with the intent to abuse, humiliate, harass, degrade, arouse or satisfy any person's sexual desire

2. Inappropriate sexual conduct

Sexual misconduct is a broad term that encompasses a range of behaviors that constitute sex discrimination. Sexual misconduct can occur between people who know each other, people who are in an established relationship, people who have previously engaged in consensual sexual activity, and people who do not know each other. Sexual misconduct can be committed by persons of any gender or gender identity and can occur between persons of the same or different sex. Sexual misconduct includes, but is not limited to:

A. Sexual coercion

Using verbal pressure to force another person to engage in sexual activities they would not otherwise consent to, including, but not limited to, telling lies, threatening to spread rumors and engaging in verbal abuse.

B. Sexual exploitation

Intentionally engaging in exploitative behavior, including but not limited to:

• Observing another person naked, in underwear, partially clothed or engaged in sexual activity without the observed person's knowledge and consent, or allowing another person to observe consensual sexual activity without the knowledge and consent of all parties involved;
• Making, sharing, posting, transmitting or distributing any image, photograph, video or audio recording that depicts or records another person when that person is nude, in underwear, partially clothed or engaged in sexual activity without the knowledge and consent of the person depicted or engraved;
• Expose the genitals to another person without that person's consent;
• Exposing another person to a sexually transmitted infection without the exposed person's knowledge and consent;
• Disabling another person with the intent to make them vulnerable to non-consensual sexual activity or sexual exploitation.

C. Gender-Based Harassment

Unwelcome conduct of a non-sexual nature based on a person's real or perceived sex, including conduct based on gender identity, gender expression and non-conformity to gender stereotypes.

D. Hate crime

Any crime that manifests evidence that the victim was intentionally targeted due to the perpetrator's bias against the victim. For purposes of this policy, categories of bias include the victim's race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, or disability (real or perceived).

E. Sexual harassment

Gender-based conduct that constitutes one or more of the following activities:

Yo. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a university program or activity.

Conduct that may, under certain circumstances, meet this standard may include, depending on the circumstances, but is not limited to:

• Unwanted sexual flirting or proposals for sexual activity;
• Unwelcome demands or suggestions for sexual favors, including but not limited to repeated unwanted requests for dates;
• Sexual exploitation (as defined above);
• Explicit verbal comments about an individual's body or appearance;
• Spread sexual rumours;
• Touching another person's body or clothing (including one's own) in a sexual manner, such as grabbing, rubbing, patting, pinching, hitting, rubbing, kissing, fondling, etc.;
• Display or send sexually suggestive drawings, images, drawings, written materials, caricatures, letters, notes or objects in the work/education environment, regardless of the medium;
• Curves or blockage of normal movement.

ii.something for somethingHarassment

A College member conditions the provision of a College aid, benefit or service upon a person's participation in unwanted sexual conduct. Examples ofsomething for somethingsexual harassment include:

• Offering employment or educational benefits in exchange for sexual favors;
• Threatening or taking negative action if sexual advances are withheld and/or after sexual advances are withheld, such as when a teacher threatens to fail a student unless the student agrees to date the teacher.

iii. sexual assault

Any sexual act directed against another person, without the victim's consent, including cases where the victim is unable to consent due to age or temporary or permanent mental incapacity. That includes:

• Violation: Penetration, even light, of a person's vagina or anus with any body part or object, or oral penetration by a sexual organ of another person, without the victim's consent.

• Caution: Touching the private parts of another person's body for the purpose of sexual gratification, without that person's consent, for the purpose of sexual gratification.

• Incest: Sexual relations between relatives within the degree to which the law prohibits marriage.

• child abuse: Sexual relations with a minor.

4. dating violence

Violence committed by a person who maintains or has been in a romantic or intimate social relationship with the victim; and where the existence of such a relationship will be determined based on consideration of the following factors: 1) The duration of the relationship; 2) The type of relationship; and 3) The frequency of interaction between the people involved in the relationship.

v. domestic violence

Crimes or misdemeanors of violence committed by a person's current or former spouse or intimate partner, by a person with whom the victim has a child in common, by a person who is or cohabited with the victim as a spouse or intimate partner, by a person in a similar situation to the victim's spouse under the domestic or family violence laws of the jurisdiction receiving the grant money, or by any other person against an adult or youth victim who is protected from that person's acts under the law household or family. jurisdiction's family violence laws.

you. pursuing

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

F. Sexual discrimination and/or gender discrimination

• Off-campus professionals and attorneys not affiliated with the College can also serve as important resources for members of the College community seeking confidential assistance. Examples of people unaffiliated with the university who may provide confidentiality include:

  • medical service providers

  • Lawyers who provide legal advice.

  • Licensed mental health counselors, psychologists and social workers

  • Pastoral advisers (e.g., priests and other clergy)

  • Local rape crisis centers and other confidential community resources can be found in the Annual Fire and Safety Report at https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf or in Section 7.

  • In New York, see Section 7 for a list of local community resources near your campus or call the New York State Sexual Assault Hotline at 1-800-942-6906 (available 24 hours a day, 7 days a week, 365 days a year) to contact your local rape crisis center. .

• While these off-campus counselors and attorneys may maintain victim confidentiality by not reporting to the College, other obligations under state law may limit their ability to provide complete confidentiality.

• As noted above, when a victim speaks only to a confidential on-campus resource or an off-campus person offering confidentiality, the university may not be able to conduct an investigation into the specific incident or take disciplinary action against the accused. In these circumstances, confidential counselors and attorneys, including the Campus Confidential Resource, will continue to help the victim receive other necessary protections and support, such as victim advocacy services, academic support or accommodations on campus, services for the disabled, health services or mental health, and changes in life, work, or course schedules (i.e. "supportive measures").

• At any time, a victim who initially requests confidentiality may also choose to file a formal complaint with the school and/or report the incident to campus security, law enforcement and/or state police. In all cases where a victim makes a formal complaint to the College, the College will investigate the allegations.

• If the College determines that the accused poses a serious and immediate threat to the College community, law enforcement may be required to issue a timely warning to the community. Any warning to the community would not include the victim's name or any identifying information.

7. Privacy

Privacy (rather than confidentiality) may be provided by a faculty member who cannot provide confidentiality due to their legal obligation to report known incidents of sexual assault or other crimes to the Title IX Coordinator. University members and the Title IX coordinator who cannot guarantee confidentiality, however, will maintain your privacy as much as possible. Information you provide to a non-confidential resource will be passed on only as necessary for the Title IX Coordinator or his designee to investigate and/or pursue a resolution.

8. Accused

A person accused of sexual misconduct or other violation of this policy is known as the "Defendant" until a formal complaint, if any, is filed, at which time the "Defendant" is referred to as the "Defendant".

9. Victim

A person who is alleged to have been the victim of conduct that could constitute sexual misconduct or other activity that constitutes a violation of this policy is referred to as a "victim" until a formal complaint is filed, if applicable, at which time the "victim" is known as the "Applicant".

10. Spectator

Bystander includes any person who witnesses or becomes aware of sexual misconduct or other violation of this policy who is not the victim or subject of the sexual misconduct. Viewers are welcome and encouraged to report incidents of sexual misconduct that they have witnessed or become aware of. If your friend is the victim of sexual misconduct, encourage him to seek help.

You can find a list of on-campus and off-campus resources available to victims in Section 7.

11. Complainant

A person who files a "formal complaint" alleging sexual misconduct or another violation of this policy, whether he or she is allegedly the victim of such alleged activity.

12. Defendant

A person accused in a “Formal Complaint” of sexual misconduct or other violation of this policy. Prior to filing such a Claim, such person is referred to as a "Defendant".

13. Formal Queixa

A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct against a Respondent and requesting that the College investigate the allegations. At the time of filing a Complaint, the Complainant must be participating or attempting to participate in a University educational program or activity, including, but not limited to, attending as a student or employee of the University. A Complaint may be filed with the Title IX Coordinator designated for placement at the University in person, by mail, or by email using the contact information listed in this policy. As used in this paragraph, the phrase “document submitted by a Complainant” means an electronic document or submission (such as by email or through an online portal provided by the College in this policy below) that contains the Complainant's physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint. When the Title IX Coordinator signs a Complaint, the Title IX Coordinator is not a Complainant or party under this policy.

In cases where there are allegations of sexual misconduct or other violation of this policy against more than one Respondent or by more than one Complainant against one or more Respondents, or by one party against another party, the Title IX Coordinator may consolidate the formal complaints whether the allegations of sexual misconduct or other violation arise from the same facts or circumstances.

Section 4: Training

Title Coordinators and their designees, members of the Sexual Misconduct Hearing Committee, any investigator other than the Title IX Coordinator, members of Appeal panels, and anyone facilitating an informal resolution process will receive training on or following:

• The definition of "sexual harassment" specifically and "sexual misconduct" generally, as defined in this Policy;
• The scope of the College's education or activity, i.e., places, events and circumstances over which the College exercises substantial control and any buildings owned or controlled by any student organization officially recognized by the College;
• How to properly conduct a sexual assault investigation, including how to interview victims of sexual assault, the effects of trauma, and the rights of the defendant, including the right to presume that the defendant is “not responsible”;
• How to conduct a sexual misconduct hearing, including appeals and the informal resolution process. This also includes training on how to serve in your capacity in an impartial manner and avoid bias about the facts at hand, conflicts of interest and bias.
• Technology used in live audiences; Y
• How to assess the relevance of questions and evidence, even when questions about the complainant's sexual predisposition or past sexual behavior are not relevant.

Specifically, Title IX coordinators and anyone assigned to investigate allegations of misconduct will receive training on relevant topics in creating an investigative report that fairly summarizes the relevant evidence. Materials used to train Title IX Coordinators and their designees, any investigators, members of the Sexual Misconduct Committee, and anyone facilitating an informal resolution process will not be based on gender stereotypes and will promote impartial investigations and adjudication of Complaints of Inappropriate Sexual Conduct.

Section 5: Prohibited Behavior

Bryant & Stratton College is a place of academic learning and members of its community are expected to behave accordingly. The following behaviors are considered specific and serious violations of this policy. Within the scope of this policy, as noted in Section 2, violations of this policy can occur both on and off campus.

Prohibited behavior:

• Inappropriate sexual conduct as defined in this policy;
• Attempting to commit sexual misconduct;
• Helping another person to commit sexual misconduct;
• Knowingly violates an interim measure or sanction imposed by the College pursuant to this policy, such as a "no contact" order, suspension, or other measures and/or sanctions deemed appropriate in the circumstances;
• Knowingly submitting a false report of any prohibited behavior;
• Retaliation as defined in this Policy.

The above forms of sexual misconduct are defined inTerminology and DefinitionsnoSection 3of this policy.

Section 6: How to report incidents of sexual misconduct

The victim has the right to report any instance of sexual misconduct to the university's Title IX Coordinator, campus security, local law enforcement, state police, any combination of these authorities, or not to report the incident. (University associates, in addition to the confidential resources set out above, are required to report all instances of sexual misconduct. See Section 6.2 below.)

To specifically report sexual misconduct to the College, any person (whether or not the person making the report is the person allegedly the victim of the alleged conduct) may report sexual misconduct, including sexual harassment, in person, by mail, by telephone, or by email, using the contact information listed above for the Title IX Coordinator, or by any other means that causes the Title IX Coordinator to receive the individual's oral or written report. This report may be made at any time (including after hours) using the telephone number or email address, or by mail to the Title IX Coordinator's office address listed above.

1. Reporting versus filing a formal complaint

Sometimes a victim wants to tell someone about an incident of sexual misconduct but is still not sure if they want official action against the person who committed it. Victims have the option toreport(tell someone about) an incident without being required to file a reportformal request. The formal complaint form can be accessed at: www.bryantstratton.edu/utilities/enoughisenough.

Whether the victim chooses to report or decides to file a complaint about an incident, the victim has the right to be protected from retaliation by the College and the right to receive assistance and support measures from the College.

It should be noted here that anyone can report sexual misconduct, including third parties. Reports are not required to be in writing. However, if the victim is not identified, the College will not be able to provide Support Measures. The College will keep confidential:

• the identity of any individual who has made a complaint or Formal Complaint;
• anyone who has been reported to have committed sexual misconduct (a "defendant");
• any defendant; Y
• any witness.

However, this confidentiality may be limited as permitted by FERPA, or as required by law, or to fulfill the purposes of Title IX of the Civil Rights Act regulations, including the conduct of any investigation, hearing or proceeding. regulations.

When the Title IX Coordinator becomes aware of an incident of sexual misconduct, the Coordinator will immediately contact the victim, if known, or another whistleblower to discuss the availability of Support Measures, consider the victim's wishes regarding Support Measures. , provide information about the availability of Support Measures with or without filing a Complaint, and explain the process for filing a Complaint.

The Title IX Coordinator is the person to whom the victim will file a Formal Complaint about sexual misconduct, if the victim so desires. The Coordinator will ensure that, at the time of filing the Formal Complaint, the victim is participating or attempting to participate in the College's educational program or activity as a student or member. Upon receipt of a formal complaint, the Title IX Coordinator will investigate the incident to determine whether the alleged conduct, if substantiated, would constitute "sexual misconduct". If the Title IX Coordinator determines that the alleged conduct, if proven, does not constitute "sexual misconduct" as defined in this policy, the Coordinator must file the Complaint. However, if the alleged conduct constitutes “sexual misconduct”, the coordinator will investigate and initiate the sexual misconduct hearing process against the accused, if that person is a student or associate. The College reserves the right to have someone other than the Title IX Coordinator conduct the investigation. The Title IX Coordinator will also provide Victim Support Measures as defined in this policy.

Victims may also report sexual misconduct to the Title IX Coordinator even if they do not wish for an investigation to take place. This report can be sent anonymously or non-anonymously. However, if the victim reports anonymously, the College will not be able to provide victim support measures. If the victim reports without anonymity, the Title IX Coordinator will maintain the confidentiality of any measures of support provided to the victim (and the accused, if such measures are provided) to the extent that maintaining such confidentiality does not impair the College's ability to. provide such measures.

All victims who report sexual misconduct will receive a Support Action and instructions on how to file a Formal Complaint, should they choose to do so. Although the Title IX Coordinator is not a Confidential Resource, reporting an incident to the Title IX Coordinator while expressing a desire that no investigation be conducted is known as "confidential reporting" to the Title IX Coordinator. In such cases, the Title IX Coordinator will first seek the victim's permission before initiating an investigation and initiating the appropriate disciplinary process.

If the victim refuses to give the Title IX Coordinator permission to investigate the matter, the Title IX Coordinator will respect the victim's decision and will not investigate the report, except in circumstances where failure to investigate would prevent the University from providing a report . non-confidential location. -discriminatory environment for all members of the university community. In such cases, the Title IX Coordinator may file a Formal Complaint and initiate an investigation and, if applicable, also a disciplinary proceeding for Sexual Misconduct. In these situations, the victim would not be required to participate in the investigation or disciplinary process. In cases where the Title IX Coordinator, rather than the victim, files a Complaint, the Coordinator will handle the victim as part of the process. Regardless of what the victim decides, the Title IX Coordinator will continue to provide the student with Support Measures. More information on how to make this type of “confidential report” is provided later in this Section.

2. Report sexual misconduct to someone other than the Title IX Coordinator

Incidents may also be disclosed to faculty members other than the Title IX Coordinator if the victim chooses to do so. University associates who are not designated as "Confidential Resources" are required to notify the Title IX Coordinator when an incident of sexual misconduct is disclosed to them, in order to protect the safety of others on campus and so that the Title Coordinator IX can communicate. to the victim to offer help, support and information on how to file a formal complaint, if the victim so wishes.

In case the victim reports the incident to the university partner anonymously, the university will not be able to provide support measures to the victim. If the victim reports the incident to the university associate without anonymity, the Title IX Coordinator will maintain the confidentiality of any support provided to the victim (and the accused if such support is provided) to the extent that such confidentiality is maintained. this will not affect the College's ability to provide such measures. Information released will be limited to information necessary to conduct an investigation (if the victim allows it) and to ensure the victim's safety. More privacy information is provided in Section 3 ("Terminology and Definitions").

Certain University associates are not required to notify the Title IX Coordinator when an individual discloses an incident of sexual misconduct to them. These university associates are known as "confidential resources". Every college location has a confidential resource that victims can confidentially chat with. Confidential resources can help victims get assistance and resources without sharing the victim's confidential information with anyone else. Speaking with a Confidential Resource will not result in a Formal Complaint. More information about confidentiality and a list of Confidential Resources for each campus is provided in Section 3.

Victims may also disclose incidents to non-university officials, such as a local rape crisis center or mental health counselor. In Section 7 and the Annual Fire and Safety Report found on the university website at https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf and in the dean's office at each college location. You can also find local rape crisis centers and other community resources by calling 2-1-1 or, in New York, calling the New York State Sexual and Domestic Violence Hotline (1-800-942-6906 ). These types of non-university employees provide confidentiality and may offer support and referrals to helpful services and resources. These individuals are not affiliated with the College and are not required to notify the Title IX Coordinator of the incident. Consequently, if the College is not informed of the incident, victims should not expect the College to investigate the matter. However, the College will investigate allegations contained in a Formal Complaint with the College.

3. Submit a Confidential and/or Anonymous Report or Complaint to a Title IX Coordinator

In addition to the options described above regarding private or confidential filing of a sexual misconduct incident report, victims also have several options for filing a formal complaint. If the victim chooses to do so, the student may file a formal complaint with the Title IX Coordinator. Formal complaints may be submitted to the Title IX Coordinator in person, via email, or using the online incident report form as described in Section 3. Contact information for the Title IX Coordinator is located in Section 3. The formal complaint form can be accessed at: www.bryantstratton.edu/utilities/enoughisenough.

• Reports:Reporters of sexual misconduct, whether the victim, an associate, a friend or a witness/bystander, may also make confidential and/or anonymous reports if they prefer.
  • confidential reportsThis can be done by informing the Title IX Coordinator that you do not wish an investigation to be carried out or, if you submit the report online, by checking the box on the online incident report form labeled "I do not wish an investigation occur . conduct an investigation."
    • Although this method of reporting is known as "confidential reporting" due to the nature of his responsibilities, the Title IX Coordinator is not a "Confidential Resource". As stated above, all information provided will be treated with the utmost "privacy" as defined in Section 3.
    • When a complainant reports an incident of sexual misconduct but says they do not want the university to conduct an investigation, the university will generally honor that request. However, at times the university will have to weigh such a request against the university's duty to ensure the safety of others on campus. Some of the factors the College may consider when considering a non-investigation request may include: whether the defendant has a history of violent behavior or is a repeat offender; whether the incident represents an escalation in the defendant's unlawful conduct; the increased risk of the accused committing further acts of violence; whether the defendant used a weapon and/or force; if the victim is a minor; whether the institution has other means of obtaining evidence (eg security footage); and whether the available information reveals a pattern of perpetration in a particular location or by a particular group. If the Title IX Coordinator determines that the victim's confidentiality cannot be maintained and an investigation is required, the victim will be notified in writing prior to the initiation of the investigation and, to the extent possible, will only share the information with those responsible. for dealing with the College's response. The Title IX Coordinator will always be mindful of the victim's well-being and will take ongoing steps to protect the victim from retaliation or harm and will work with the victim to create a safety plan. Retaliation against the victim, whether by students or university associates, will not be tolerated. In such cases, if the Title IX Coordinator decides to initiate sexual misconduct disciplinary proceedings against the accused, the Title IX Coordinator will treat the victim as part of the process and provide victim support measures.
  • anonymous complaintsThis can be done by not including your name or email address when submitting the online incident report form.

    • Individuals wishing to report an incident anonymously should be aware that their anonymity may inhibit the university's ability to conduct a full investigation of the incident, provide support measures, and/or inform the victim of the action taken.

Regardless of how the victim chooses to disclose the alleged misconduct, the College will not require the victim to participate in any investigation or disciplinary proceedings.

In the event that sexual misconduct was committed by a person who is not a member of the university community (including a stranger or stranger), victims can still report the incident to the university and receive support and protection measures. For a list of on- and off-campus resources and support services near your campus, seeResources, Support Services and Victim ProtectionnoSection 7.

4. Reporting to local law enforcement

Victims also have the option of filing a complaint with law enforcement authorities, in addition to filing a complaint with the College or as an alternative to it. In addition to calling 911, you can file a police report by contacting the following resources in your state or local area.

5. Amnesty policy for student alcohol and/or drug use

Students should not be afraid to report an incident of sexual misconduct simply because they were drinking alcohol or using drugs at the time of the incident, whether they are victims, witnesses or bystanders. Bryant & Stratton College has adopted an alcohol and/or drug amnesty policy regarding incidents of sexual misconduct. The health and safety of all members of the College community is of the utmost importance. Bryant & Stratton College recognizes that students who were drinking and/or using drugs (whether that use is voluntary or involuntary) at the time the violence occurs, including but not limited to domestic violence, dating violence, stalking or sexual assault, may hesitate to report such incidents for fear of the possible consequences of their own conduct. Bryant & Stratton College strongly encourages students to report domestic violence, dating violence, stalking or sexual assault to the Title IX Coordinator or University associates. A transitional student acting in good faith or a whistleblower acting in good faith and disclosing any incident of domestic violence, dating violence, stalking or sexual assault to the university or law enforcement will not be subject to action under the university's Code of Student Conduct. for violations of alcohol and/or drug use policies that occur at or close to the commission of the sexual misconduct.

6. Disclosures during promotional events

Occasionally, individuals disclose information about sexual misconduct during a public awareness or advocacy event, such as candlelight vigils, protests, survivors' speeches, Clothesline Project events, Take Back the Night events, Unity Day events, and other events similar audiences. These events are usually intended to empower survivors and raise awareness of issues related to sexual violence, rather than serving as a forum in which an allegation of sexual misconduct is reported. Consequently, the College is unable to investigate allegations made public at these events. However, individuals are always free to report such conduct to the College and the College will investigate all allegations in a Formal Complaint. The College may use the information provided at such events to inform its further education efforts and prevention efforts regarding sexual misconduct.

7. Campus Alerts

When certain crimes occur in certain areas on and/or near the campus that pose a serious or continuing threat to the campus community, the University is required by federal law to issue an early warning to protect the safety of others. Offenses that trigger a notice could include, for example, an offender who is still present on campus. When a timely notice is issued, the notice will never identify any victims or complainants. See the Bryant & Stratton College Annual Safety and Fire Report for more information about the Campus Emergency Notification System. This report can be found on the Bryant & Stratton College website at: https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf.

8. Campus crime data

When the Title IX Coordinator receives reports of sexual misconduct and other crimes occurring in certain on-campus and/or nearby locations, federal and state law requires the Title IX Coordinator to count the number of such reports for inclusion in the Title IX Coordinator IX. University's Jeanne Clery Campus. and Safety Survey and inclusion in the School's Annual Safety and Fire Report. This is simply an anonymous count: neither the identity of the person reporting nor the details of the crime are included in these reports.

Section 7: Resources, Support Measures and Protection for Victims

“Supporting Measures,” as defined in Section 3, are individualized non-disciplinary or punitive services that the College provides to victims and the accused as appropriate, as reasonably available and without charge or fee before or after the filing of a Complaint or when a complaint was not filed. Bryant & Stratton College is committed to supporting victims and survivors of sexual misconduct, regardless of when, where or by whom the acts in question were committed. In both this Section and Section 3, the College has compiled information and resources that you may find helpful. If there are other resources that you or a friend may need, the university encourages you to contact your campus Title IX coordinator who can help you obtain these resources. A list of all Title IX coordinators on campus is provided in Section 3 of this policy. If you are in immediate danger at any time, call 911.

1. Get immediate medical attention

If you have been the victim of rape, sexual assault, domestic violence or dating violence and need immediate medical attention, call 911 and/or consider visiting a hospital, emergency care center or physician. Below is a list of emergency medical facilities and other medical providers near each campus. Some state laws require that all hospitals in the state offer rape forensics (sometimes also called "sexual assault forensics" or simply "rape kits"). Some states require hospitals to notify the victim that they may choose to have the rape forensic examination, and other charges are collected from Victim Services at no cost to the victim. After the examination, you may receive other medical or counseling services through which the hospital may charge or bill your insurance If your insurance plan is taken out by someone else (such as your parents), we encourage you to inform hospital staff if you do not wish your policyholder to be notified of your access to these services.

Especially in incidents of rape or sexual assault, it may be important to have a forensic examination as soon as possible to preserve evidence and/or receive protection from sexually transmitted infections and pregnancy. To best preserve the evidence, you should refrain from bathing, washing, changing clothes, throwing away clothes, combing your hair, or altering your physical appearance in any other way until the examination is complete and you should seek an examination as soon as possible. possible. Even if you do not want the tests collected, it is recommended that you be seen by a physician to address physical injuries, possible pregnancy, and possible exposure to sexually transmitted infections.

All locations:For more information about what to do after an assault, visit the National Sexual Violence Resource Center website at www.nsvrc.org or the local resources listed in Section 7.

New York:In New York, call the New York State Sexual Assault Hotline at 1-800-942-6906 (available 24 hours a day, 7 days a week, 365 days a year) to contact the center. of local rape crisis.

Medical facilities at the sites are listed below:

More information about forensic examinations and sexually transmitted infections, as well as other resources, are available through your campus Title IX Coordinator. In New York, you may also contact the New York State Office of Victim Services, which is available through your campus Title IX Coordinator or by contacting the State Office of Victim Services directly from New York: 1-800-247-8035 or https://ovs.ny.gov/contact-us.

2. On-campus and off-campus support resources and services

People who have been subjected to sexual misconduct often need other types of support as well. Even if you think you're fine and don't need help, the College encourages you to reach out to someone. The faculty's on-campus resource is the Title IX Coordinator. In addition, there are several off-campus resources you can use if you prefer not to seek help from on-campus resources. Below is a list of on-campus and off-campus resources for each Bryant & Stratton College location, including counselors, attorneys, and community resources. If you have questions or aren't sure where to go, your campus Title IX coordinator can help point you in the right direction.

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

Bryant & Stratton College also maintains a brochure entitled "Sexual Assault: Awareness and Prevention" which is available upon request. Includes information on the nature of sexual assault, sexual assault prevention, and other relevant information. Additional information is available from the Academic or Student Services Office at each location or from the Student Advisor's office at locations that have an advisor.

The above is just a small list of the resources available to you. You can find many more resources by calling 2-1-1 for free, confidential help to find an extensive list of resources, including law enforcement and public safety assistance, legal services, hospitals that perform forensic examinations of assault, sex, confidential counseling services and much more. 2-1-1 is available 24 hours a day, 7 days a week, and many of the resources they can refer you to are also available 24 hours a day, 7 days a week, are confidential and inexpensive, or are free.

3. Provision of Support Measures

In addition to the on-campus and off-campus resources listed above, the University is prepared to offer all victims of sexual misconduct, reported with or without a formal complaint, certain protections and reasonable accommodations on campus, known as "supportive measures". , as defined in Section 3 of this policy. Defendants and defendants can also request and receive injunctive relief.

Obviously, in cases where the victim chooses to report anonymously, the College will not be able to provide supportive measures.

Below is a list of support measures that may be available, if applicable. To request any of the following on-campus protections and/or accommodations, contact your campus Title IX Coordinator. Your Title IX Coordinator will make necessary arrangements, including coordinating with other campus offices as necessary, to maintain your privacy. (If you are unsure who your campus' Title IX Coordinator is, Section 3 provides a list of all Title IX Coordinators on campus.)

• contactless ordering

  • Have the College issue a one-way “no contact” order against the accused or a mutual no contact order against the accused and the victim. A no-contact order may be appropriately worded as circumstances warrant. Non-contact can range from prohibited communication to prohibiting physical contact.

  • A one-way “no contact” order requires an investigation of specific facts to determine whether imposing such an order would be punitive, disciplinary, or excessively burdensome to the other party. In cases where a one-way no contact order would help enforce a court restraining order, injunction or other protective order or if such order would not place an unreasonable burden on the other party, a one way no contact order may be appropriate

  • When issuing a one-way no contact order, if the Defendant, Victim or Complainant is observed in a public place, it will be the Defendant's responsibility to avoid contact with the Victim, to leave the area immediately and without contacting the Victim directly. plaintiff and/or victim. If necessary, the College may establish a schedule for the accused and victim to access College buildings and property at separate times. Violation of the “no contact” order may subject the defendant to additional consequences and/or police involvement.
  • Both the defendant and the victim, upon request and in accordance with these policies, will be given a prompt review, reasonable in accordance with the circumstances of need and the terms of the 'no contact' order, including possible modifications, and will be authorized to test archive. in support of your request.
• Assistance from faculty members in obtaining a protective order or police restraining order against the accused person.
  • Protective orders and restraining orders are similar to “no contact” orders, except they are imposed by a court, not the College. If an accused person violates a protective or restraining order or order, he or she may be imprisoned. The College reserves the right to impose consequences on individuals accused of violating protective orders and restraining orders, such as imposing additional conduct charges and/or placing the accused under provisional suspension.
• Assistance from college campus security to call and assist law enforcement in making an arrest when the accused individual violates a protective order.
  • University campus security personnel are available to assist victims and claimants in cases where a defendant or defendant fails to comply with a protective order.
• Provisional Suspension
  • When it is determined that the accused or victim is a student who poses an ongoing threat to the health and safety of the community, place the accused or victim on provisional suspension pending the outcome of the sexual misconduct disciplinary process in accordance with University Law and Policy . and procedures. After conducting an individualized safety and risk analysis, in cases where the College determines that an accused or defendant student poses an immediate threat to the physical health or safety of any student or other person arising from allegations of violation of this Policy, the College may believe that the removal of a student is justified. If the accused or defendant is a member of the College, the College may place the member on administrative leave if it deems it necessary.
  • Both the accused/victim and the complainant, upon request and in accordance with College policies and procedures, will receive prompt review, reasonable under the circumstances, of the necessity and terms of a provisional suspension or administrative leave, including possible mediation . , and you will be able to submit evidence in support of your application.
  • Determinations as to whether a defendant poses an ongoing threat to the health and safety of the university community are made by the Title IX Coordinators on each campus. In making such determinations, these Coordinators act in good faith and take into account,
    • If the defendant has a history of violent behavior or is a repeat offender;
    • If the victim or complainant is a minor;
    • The nature of the charge in question;
    • Subsequent behavior that occurs after the accusation;
    • The potential risk of harm or disruption to the campus community and the victim or claimant;
    • Other relevant factors, such as whether the alleged behavior represents an escalation in behavior from previous incidents, possession and/or use of a weapon and/or force, whether the College has other means of obtaining evidence (e.g., security footage), whether available, the information reveals a pattern of perpetration in a particular location or by a particular group and whether there are alternatives to provisional suspension or administrative leave;
    • and/or use of a weapon, and whether there are alternatives to provisional suspension.

  • When the threat raised involves mental health issues, the victim must provide the College with documentation of an appropriate health professional to return to campus. Additional security precautions may also be taken when deemed necessary by the College.

  • When certain crimes occur in certain areas on and/or near the campus that pose a serious or continuing threat to the campus community, the University is required by federal law to issue an early warning to protect the safety of others. Offenses that trigger a notice could include, for example, an offender who is still present on campus. When a timely notice is issued, the notice will never identify any victim, whistleblower or whistleblower.

• Obtain reasonable and available provisional measures and adaptations for academic, housing, employment, transport or other arrangements applicable to the person to help guarantee safety, prevent reprisals and avoid a hostile environment of compliance with policies and procedures from the University. Other protections, services and accommodations that may be appropriate, including, for example, counseling, term extensions or other course-related accommodations, modifications to work or class schedules, on-campus chaperone services, mutual restrictions on contact between the parties , changes in work or residence locations, permits, increased security and monitoring of certain areas of the campus.

  • While a matter is being investigated or while a hearing is pending, the victim, Complainant, Defendant or Defendant may apply for interim relief.

Section 8: Disciplinary Process for Sexual Misconduct

1. Presumption of non-responsibility

Where this Policy is applicable as set forth in Section 2 above, when a defendant commits or is believed to have committed sexual misconduct or other conduct prohibited by this policy, whether against another student or associate, another member of the campus community, or is not a member of the campus community: the defendant may face misconduct charges and be subject to the university's sexual misconduct disciplinary process. All defendants subject to disciplinary proceedings are entitled to a presumption of “not responsible” (not guilty) conduct until a determination of responsibility is made at the conclusion of the disciplinary proceedings. All proceedings will be carried out in a fair, impartial, complete and timely manner. However, there may be situations where, prior to the completion of the disciplinary process, the College deems it necessary to take interim action, such as provisionally suspending a student or placing a member on administrative leave.

2. Burden of proof

At all times, the burden of proof and the burden of gathering evidence rests with the College to establish that the alleged violation of this policy was committed by the Respondent. The standard of evidence required at both the Sexual Misconduct Hearing and the Appeal Hearing, if requested, is a preponderance of evidence. “Preponderance of the evidence” means that the Sexual Misconduct Hearing Committee must rule in favor of the party who, collectively, has the strongest evidence that the violation did or did not occur, however small the advantage of the evidence. . . "Preponderance of evidence" is sometimes described as "more likely than not" or "51% chance". The evidence must be sufficient to incline a just and impartial mind to one side of the matter over the other, but that mind need not be completely free of all reasonable doubt. “Preponderance of evidence” is a different and lower standard of proof than that used in criminal proceedings; rather, it is the standard of evidence often used in civil court proceedings. This standard will be used for formal complaints against students and associates, including faculty.

3. Informal resolution process

At any time before a determination is made by a Sexual Misconduct Committee, a Complainant may, but is not required to, seek an informal resolution of their Formal Complaint. This informal process is not available when the accused is a member of the College and both parties must voluntarily consent in writing to the informal resolution process or the informal resolution process will not be permitted. An informal resolution avoids a full investigation and hearing by the Committee and allows the parties to mediate a resolution. The informal resolution process is not available unless a formal complaint has been filed. If a Complainant seeks an informal resolution, both the Respondent and Complainant will receive written notice that discloses:

• That if the parties reach a mutually acceptable resolution that they agree to in writing, the Complainant may not resume a Formal Complaint arising from the same allegations;
• Any party that has not agreed to a mutually acceptable resolution in writing has the right to withdraw from the informal resolution process and resume the formal grievance process.
• If a party withdraws from the informal resolution process, all records resulting from the informal resolution process that could have been maintained by the College or shared with the College or the other party will be shared or maintained in the Complaint process.

4. Sexual Misconduct Investigation and Hearing Process

Complaints without registering a formal complaint

In cases where the complainant has not filed a formal complaint, victims who report an incident of sexual misconduct, whether privately, confidentially or anonymously, have the option to request that the College not conduct an investigation; however, under certain circumstances, the College may determine that an investigation is necessary to protect the health and safety of other students and/or the College community. When the College determines that an investigation is necessary, the victim will be treated as part of any sexual misconduct lawsuit. Victims who anonymously file a report of an incident of sexual misconduct should be aware that their anonymity may inhibit the university's ability to conduct a full investigation of the incident and/or communicate with the victim about actions taken. Furthermore, such anonymity will inhibit the College's ability to provide victim support measures.

Formal Complaint Process

Family Educational Rights and Privacy Act of 1974

All Bryant & Stratton College students shall have the right to inspect and review their educational records, request corrections or deletions, and limit disclosure of records pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), also known as the Amendment Buckley. Specifically, students have the right to:

1. inspect and review your educational records within 45 days of the University receiving a written request for access. A student must submit to the registrar, dean, head of academic department, or other appropriate official, a written request that identifies the educational records that the student wishes to inspect. College staff will arrange access and notify the student of the time and place records may be inspected. Under no circumstances may students review their academic records off campus or on a public campus. If records are not maintained by the college official to whom the application is made, the college official will advise the student of the correct official to whom the application should be made.
2. request changes to your educational records that you believe are inaccurate, misleading, or violate a student's privacy rights under FERPA. A student who wishes to ask the College to change a record must write to the Academic Director, who will consult with the College official responsible for the record, clearly identify the portion of the record that the student wishes to change, and specify why it must be changed. An informal conference will be scheduled to try to resolve the issue. If the University decides not to amend the record as requested, the University will notify the student in writing of the decision, the student's right to place a statement in the record explaining its views, and the student's right to a formal hearing on the matter, the change request. Additional information regarding hearing procedures will be provided to the student when notified of the right to a hearing.
3. provide written consent before the university releases personally identifiable information from the student's educational records, except to the extent FERPA authorizes disclosure without consent. For example, the university releases educational records without the student's prior written consent under the FERPA exception for disclosure to university employees with legitimate educational interests. A College employee is a person employed by the College in administrative, supervisory, academic or investigative capacities, or support staff (including law enforcement unit personnel and health personnel); a person or company with whom the College has contracted as its agent to provide a service in lieu of using College employees or directors (such as an attorney, auditor or collection agent); one person serving on the Board of Directors; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another faculty employee in the performance of their duties. A college employee has a legitimate educational interest if he needs to review an educational record in order to fulfill his professional responsibilities to the college. Upon request, the university also discloses transcripts without the consent of an employee of another university where the student seeks or intends to enroll, or where the student is already enrolled, provided that the disclosure is for purposes related to the student's enrollment or transfer . There are also other circumstances under which FERPA permits disclosure without the student's consent, and such circumstances are available to the student upon request.
4. Students wishing to file a complaint with the US Department of Education regarding FERPA must use a FERPA complaint form whenever the Department is available.on here. The completed claim form must be completed and submitted electronically toFERPA.Compliants@ed.govor it may be sent to the US Department of Education, Office of Student Privacy Policy, 400 Maryland Avenue, SW, Washington, DC 20202-8520.

Bryant & Stratton College will generally release certain student directory information to the public. This information may include some or all of the following: student name, address(es), phone list, email address, date and place of birth, major area of ​​study (program), enrollment status (e.g., part-time or part-time), dates, attendance, photograph, graduate employer and position, participation in activities and recognition received, and most recent secondary and post-secondary institution attended by the student. Students who do not wish to have some or all of this information disclosed must inform the university of their wishes in writing by the end of the addition/demotion period. Students who do not wish to allow the release of directory information must complete a campus-provided cancellation form. In addition, Bryant & Stratton College reserves the right to disclose to law enforcement agencies and/or victims of crime certain records or information relevant to a crime that occurred on campus, including details of and disciplinary action taken against the alleged perpetrator of the crime. crime.

disciplinary records

Other than expulsion or revocation from college or retention of a degree, disciplinary sanctions will not form part of a student's permanent academic record. They will become part of the student's disciplinary record. Upon graduation, a student's disciplinary record may be expunged for disciplinary actions other than removal of residency, suspension from the university, expulsion from the university, or revocation or retention of a degree, upon application to the Campus Director or his designee. Cases involving the imposition of sanctions other than removal of residency, suspension from the university, expulsion from the university, or revocation or retention of a degree will be deleted from the student's confidential record six years after the case ends.

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

Information about the sanction, if any, issued as a result of disciplinary proceedings against the accused student may be disclosed to the complaining student only in accordance with FERPA.

First, a school is permitted to disclose to a student who has been sexually harassed, a victim of dating violence, domestic violence or stalking, information regarding the sanction imposed on a student who has been found to be involved in such violations when the sanction is directly related to the student. claimant. This includes an order that the harasser stay away from the complaining student, or that the harasser be banned from attending school for a period of time, or transferred to other classes or to another residence. Disclosure of other information in the student's “educational record,” including information about sanctions unrelated to the student making the complaint, is not permitted.

In addition, where the reported conduct involves a crime of violence or an unenforced sexual offense, FERPA permits Bryant & Stratton College to release to the alleged victim the final results of any disciplinary proceedings against the alleged perpetrator, regardless of whether Bryant & Stratton College have concluded that a rape has been committed.

In addition, Bryant & Stratton College may disclose to anyone, not just the alleged victim, the final results of a disciplinary proceeding if it determines that the student is the alleged perpetrator of an unenforced crime of violence or sexual offense and, with respect to the allegation made that the student has committed a violation of the institution's rules or policies. The disclosure of the final results only includes: the name of the alleged author, the violation committed and any sanctions imposed on the alleged author. The disclosure must not include the name of any other student, including a victim or witness, without the written consent of that other student.

Student's Right to Know

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

Educational facilities and services

See the College's website atwww.bryantstratton.edufor information on educational facilities and services available to students at various locations on campus.

campus security

Pursuant to the Campus Security and Crime Awareness Act of 1990, information about Bryant & Stratton College's campus security policies and procedures and crime statistics is made available to students and staff annually and, upon request, to any applicant for employment. or registration. The Campus Report can also be found on the college website atwww.bryantstratton.edu. Campus crime statistics can be obtained by visiting the US Department of Education website athttps://ope.ed.gov/campussafety/#/institution/search. Bryant & Stratton College is committed to providing a safe environment for all members of the campus community. Campus crime information is available from the Admissions Department and is posted and posted each fall. Students and staff on a given campus can also call the Campus Director.

Substance Abuse Policy

Bryant & Stratton College recognizes that drug, alcohol and/or tobacco misuse is a serious problem with legal, physical, emotional and social implications for the entire college community. Therefore, the consumption, exchange, distribution, sale, use, possession of drugs, alcohol, tobacco, illegal, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited at any College-sponsored event or on College property. in all moments. .* Misuse of prescription and over-the-counter medications is also prohibited. People who show behavioral, personal or physical characteristics indicative of the use or consumption of alcohol or drugs (illicit or inappropriate) or other substances will be prohibited from entering the School premises or at events sponsored by the School. The university's Student Code of Conduct outlines disciplinary measures for students who violate the Substance Abuse Policy.

*Federal law prohibits all use, possession and/or cultivation of marijuana in educational institutions in the US. Federal law requires that any institution of higher education that receives federal funds have policies in place that prohibit the possession, cultivation and/or use of marijuana on campus, this includes Bryant & Stratton College. Therefore, the use, possession and/or cultivation of marijuana is not permitted on any off-campus property, facility, site, campus, building, residence or apartment obtained through Bryant & Stratton College, regardless of state law permitting. .

Drug and Alcohol Abuse Prevention Program

Drug-free campus and workplace

Bryant & Stratton College is committed to providing a drug-free campus/workplace and hereby posts a statement notifying students/employees that the illegal manufacture, distribution, delivery, possession, or use of a controlled substance is prohibited on this school.* In addition, El Colegio informs its students/staff of the specific actions to be taken against students/staff for violation of such prohibition. A copy of this notice is being provided to you pursuant to federal regulations implementing the Drug-Free Workplaces Act of 1988, 34 CFR Part 85, Subpart F.

Students/staff are notified that, as a condition of enrollment/employment, the school requires each student/staff to certify that they have been informed of the university's policy to maintain a drug-free campus/workplace as described in the "Notice " above . to Students/Employees”; that you agree to be bound by the terms of the above Notice; and that he/she agrees to notify the school within five days of such conviction. Students/staff who violate this agreement are subject to disciplinary action, up to and including termination of enrollment/employment.

Any student/staff who needs assistance with a substance abuse problem should contact their dean or academic supervisor. Such contact will be kept in absolute secrecy. The dean/supervisor will help you connect with local agencies that help people with substance abuse issues. Students/staff may be given a temporary leave of absence during the treatment period, at the dean/supervisor's discretion.

All students/staff certify that, as a condition of enrollment/employment, they will make a good faith effort to maintain a drug-free campus/workplace and will not engage in illegal manufacture, distribution, dispensing, possession, or use. of a controlled substance during the period covered by your job application/stay. He/she is aware of the dangers of substance abuse and also understands that violating this prohibition will subject him/her to disciplinary action, which may include termination of enrollment/employment. All employees certify this statement annually through the benefits application process and students during the financial aid process.

A copy of these documents is available to staff and students upon request at Bryant & Stratton College business offices.

The University's Student Code of Conduct policies outline disciplinary measures for students who violate the drug and alcohol policy, the drug and alcohol amnesty policy, and the rules for bystanders acting in good faith. Bryant & Stratton College is committed to taking all steps consistent with federal, state, and local laws and individual privacy rights to eliminate illegal and prohibited drugs on its campuses and to deal firmly and fairly with individuals who violate this policy. . , which includes, among others, referring the offending or associated student to criminal proceedings and/or application of disciplinary measures that may include dismissal. These policies are found in the University Catalog and Student Code of Conduct Sections of the Annual Safety and Fire Report, as well as on the University website under the Student Right to Know.https://www.bryantstratton.edu/pdf/SecurityPolicies.pdf#page=15

See this link for additional information about the effects of alcohol and drugs, resources available to students and members, as well as certain state and federal criminal penalties for illegal possession, use, abuse or distribution of illegal drugs and alcohol.

*Federal law prohibits all use, possession and/or cultivation of marijuana in educational institutions in the US. Federal law requires that any institution of higher education that receives federal funds have policies in place that prohibit the possession, cultivation and/or use of marijuana on campus, this includes Bryant & Stratton College. Therefore, the use, possession and/or cultivation of marijuana is not permitted on any off-campus property, facility, site, campus, building, residence or apartment obtained through Bryant & Stratton College, regardless of state law permitting. .

military and veterans

suits for veterans

Bryant & Stratton College is a Principles of Excellence school and is approved to participate in a variety of veteran aid programs, including military assistance and the GI Bill® for training US Veterans and their families. Military students and their families should contact their Department of Veterans Affairs representative for more information about eligibility for veterans benefits. "GI Bill® is a registered trademark of the US Department of Veterans Affairs (VA). More information about the educational benefits offered by the VA is available on the official US government website athttp://www.benefits.va.gov/gibill. Policies, procedures and/or benefits available at the university may vary. Students should contact their campus representative if they have specific questions about this or any of the following content.

Transfer Credits to Veterans

Bryant & Stratton College is required to receiveallOfficial military and college transcripts, for review, for students receiving military and/or veterans benefits at the end of the student's first semester at Bryant & Stratton College. The dean or designee must work closely with the candidate to order all college and military transcripts. This may include processing the request in writing and requesting payment for the transcript(s) if necessary. Students or the Dean or designee may request military transcripts available through Joint Services (JST) online with the student's permission. Recipients of military/veterans benefits are required to receive transfer credit review by the College. If transferable credit is possible, credit shall be given unless the campus receives written approval from the grantor of any military/veterans funding that the student is approved to retake a course for which transferable credit was possible.

Bryant & Stratton College will notify the student via email of all accepted transfer credits.

Military transcripts from the Joint Services (i.e. Army, Coast Guard, Marine Corps, and Navy) may be requested by the student at the following website:https://jst.doded.mil/smart/signin.do

See the Academic Information/Credit Transfer section of this catalog for more information.

financial obligation

Bryant & Stratton College will defer all tuition and other financial obligations to Bryant & Stratton College until the student's educational assistance under Chapter 31, 33, or 35 can be processed and credited to his or her account, assuming the student has provided a certificate of eligibility. receive assistance. under these chapters to the College as required by the appropriate approving agency.

In addition, Bryant & Stratton College will not impose any sanctions, including assessment of late fees, denial of access to classes, libraries or other institutional facilities, or require students to request additional funds to cover any outstanding balance due to a late disbursement. of a Chapter 31, 33, or 35 benefit payment unless the student has less than 100% coverage.

The student must apply for financial aid before the start date of each term. Period start dates can be found at:https://www.bryantstratton.edu/financial-aid/military-aid.

Yellow Ribbon Program

Bryant & Stratton College participates in the Yellow Ribbon Program under the Post 9/11 GI Bill® (Chapter 33). Your financial services adviser can advise you on available benefits. VA determines eligibility for educational benefits. You are responsible for claiming your benefits. Additional information about these features is available atwww.bryantstratton.edu/admissions/military/benefits.

Principles of excellence

Bryant & Stratton College is a participating institution in the Principles of Excellence Program and adheres to written guidelines and standards. In addition, the College has signed a Memorandum of Understanding with the Department of Defense that agrees to abide by all Principles of Excellence Standards and therefore allows Active Duty Service members to use Teaching Assistance if they qualify.

8 keys to success for veterans

Bryant & Stratton College is committed and is a published participant in The 8 Keys to Veteran Success (8 Keys). This is a voluntary initiative through the Departments of Education and Veterans Affairs. They highlight ways colleges and universities can support veterans as they pursue their educational and employment goals.

Military School Aid

Military Tuition Assistance is a benefit paid to eligible members of the Army, Navy, Marines, Air Force and Coast Guard. Congress gave each service the ability to pay up to 100% of its members' dues. Each service has its own eligibility criteria, required service, application process, and restrictions. The best place to start is to contact your local education office. This money is usually paid directly to the College for individual services. Visit the university's website for links to important resources to help you get started.https://www.bryantstratton.edu/admissions/military/resources.

Bryant & Stratton College is not an LOI (Letter of Instruction) and does not upload its course schedule on the GAE. You must contact the Education Service Officer (ESO) for detailed information and request ESO approval 7 to 14 days before the first day of school, depending on your education office's requirements. The first day of classes for the January 2023 semester is January 11, 2023 and for the March 2023 semester (online only) is March 8, 2023.

Important information related to the Tuition Assistance Program (TA) for Service Members

Unsatisfactory course completion refund criteria (effective for courses starting September 6, 2014).

For reimbursement purposes, successful course completion is defined as a grade of "C" or better for undergraduate courses and a "Pass" for "Pass/Fail" grades.

An institution cannot receive Teaching Assistance Program funds for students with a grade point average below 2.0 after completing 15 semester hours (or equivalent) in their undergraduate studies. Tuition assistance reimbursement requests must be approved prior to the class start date.

Return of unearned monthly aid funds.

The Memorandum of Understanding with the Department of Defense requires schools to determine the amount of TA funds that beneficiaries earn if they withdraw from school using the same method for calculating the return on Title IV funds required by the United States Department of Education United. This fundraising requirement applies to students who have been officially withdrawn from school, as well as those who have been administratively withdrawn for non-attendance, as described in the Attendance section of this catalog. When you make a withdrawal during your pay period or enrollment period, the amount of TA funds you have earned up to that point is determined by a specific formula. If you receive (or the College receives on your behalf) more aid than you have earned, the excess funds must be returned by Bryant & Stratton College and/or you to the Department of Defense. The amount of assistance you earn is determined proportionately. For example, if you completed 30% of the payment period of your enrollment period, you earn 30% of the TA assistance you were originally scheduled to receive. Once you complete more than 60% of the pay period or enrollment period, you earn all the assistance you were scheduled to receive for that period. If the university is required to return a portion of its TA funds to you as a result of your leaving the university, you may have a balance owed to the university. Please contact your financial services advisor if you have any questions about this requirement.