Mount Saint Mary College recognizes each student’s right to an education that extends beyond the classroom into all areas of experience. The College provides a rich opportunity for positive growth, personal enjoyment, and individual fulfillment. Each person’s college experience involves learning to think, explore, question, understand, and cope. Programs and services within the Office of Student Affairs have been designed to support the personal growth and development of every student, and to enhance and complement the academic programs of the institution.
Those who are responsible for providing support services and activities attempt to:
- assist each student to reach his/her potential;
- provide services necessary to enable students to pursue their academic programs;
- work closely with faculty and other personnel to develop an atmosphere conducive to intellectual growth;
- coordinate an active extracurricular program that provides ample opportunities for involvement by students of diverse interests; and
- implement a student development program that will enable students to develop interpersonal and leadership skills.
The Vice President for Students assumes responsibility for the overall management of the Student Affairs program and its staff. The Vice President works with student leaders and other College officials to develop appropriate student life policies and procedures.
Through the Student Government Association (SGA), Mount Saint Mary College provides opportunities for traditional undergraduate students to participate in a variety of co-curricular activities. The student activity fee, administered by SGA, makes it possible to offer events at reduced rates or free of charge to full-time undergraduate students. Through their efforts, SGA strives to foster and provide an inclusive, respectful, and safe environment for all students. Students may also participate in the various organizations and committees that constitute SGA. The Executive Branch of SGA is the Executive Council. This council oversees the structure and function of the entire association. All operating policies of the association are executed by this branch. The members of the Executive Council are the President of SGA, Executive Vice President, Vice President of Student Activities, Vice President of Finance, and the Secretary of SGA. The Legislative Branch of SGA is the Student Senate. Student representatives sit on major faculty committees and participate in ad hoc committees formed during the year.
Student Activities assists students in developing a well-balanced extracurricular experience while implementing a wide variety of social, cultural, service, diverse, educational, and spiritual programs. The office welcomes input and involvement from all commuter and resident students. Through the SGA, the Mount provides opportunities for full-time undergraduate students to participate in a variety of activities. The program invites all students to participate in a variety of annual events, as well as a weekly variety of co-curricular activities such as Broadway shows, lectures, and museum trips. The student activity fee, administered by SGA, makes it possible to offer events at reduced rates or free of charge for all full-time undergraduate students.
The College provides a shuttle to transport students to local shopping areas and the Beacon train station. The shuttle is a free service, available on a first-come, first-served basis, with a Mount identification card. Students may access all student activities information online at the student activities webpage and the portal.
Involvement in extracurricular activities provides students with an opportunity to put classroom theory in practice, thus contributing to a well-rounded and holistic education. Students have the opportunity and are encouraged to participate in and contribute to all aspects of campus life.
The College sponsors sports for men in soccer, cross country, track and field, basketball, swimming, baseball, tennis, lacrosse, and golf. Women’s teams include soccer, volleyball, cross country, track and field, tennis, basketball, swimming, softball, cheerleading, and lacrosse. Information regarding our intercollegiate teams and other athletic programs may be found at www.msmcknights.com.
The Elaine and William Kaplan Recreation Center is the official home of Mount Saint Mary College athletics. The center includes a 1,200 seat gymnasium with NCAA-regulation size basketball and volleyball courts, a swimming pool, an elevated running track, fitness centers, and a functional training room. Additionally, Kaplan Field is a synthetic turf field for men’s and women’s soccer, as well as men’s and women’s lacrosse. There are six regulation tennis courts and a practice/intramural field for college community use. The College also provides an extensive intramural and recreation program for the enjoyment of MSMC students. Events such as basketball, dodge ball, flag football, soccer, plyometrics, and boot camp classes are just a few examples.
Sports and recreational activities are a vital component of the educational process. The intercollegiate athletics and recreation program is mindful of the students’ academic life, physical health, and social maturity. Academic success is of the highest priorities. Athletes, per NCAA rules, must be in good academic standing and be enrolled in a minimum course load of full-time studies. Additionally, they must be making satisfactory progress toward a degree. A student athlete on academic probation is not eligible to compete on a team during the time period of probation.
The athletic department aims to educate students in areas of sportsmanship, alcohol and drug education, gambling, and hazing. These important societal issues are relevant to today’s students. The college, the NCAA, and our conference affiliations maintain positive programs to help in this education. Additionally, a student’s health and well-being is of utmost importance. The college employs NYS license/BOC certified athletic trainers to oversee health and wellness, and this group works closely with the college’s Health Services.
For more information regarding Mount Saint Mary College athletics, including summer camps, our annual golf tournament, recruiting information, statistics, and updates, please visit our website at www.msmcknights.com.
Campus Ministry is at the service of all faculty, staff, and especially students of all faiths. The offices are located in Hudson Hall. Rooted in the rich Catholic tradition and Mount Saint Mary College’s Dominican tradition, Campus Ministry helps to build a community of faith through prayer, community, study, and service. The sacramental life of the Catholic Church is offered to all through Mass, offered daily and Sundays, the Sacrament of Reconciliation offered weekly and by appointment, and the Rite of Initiation of Christian Adults program. Campus Ministry also offers a variety of activities such as prayer services, retreats, and service programs. Campus Ministry collaborates with other departments and student clubs on campus both within and outside of Student Affairs. In keeping with the Dominican heritage of Mount Saint Mary College, Campus Ministry works closely with the Catholic and Dominican Institute supporting and directing a variety of programs that help the students come to know and appreciate the Mount’s history and mission.
Students have many opportunities to engage in volunteer service work and social outreach activities. Habit for Humanity members have gone to Mississippi, South Carolina, and Texas to build homes. Locally, students tutor in after-school programs; work at Habitat for Humanity sites; work as Big Brothers and Big Sisters; and conduct food, clothing, and toy drives.
Almost half of the student body consists of commuting students. There is a Student Government Association Commuter Council elected by the commuting students and participation is open. Student activities, health services, and counseling are available to all students, and commuting students participate in all programs and extracurricular activities.
General Policies and Regulations
Students are expected to abide by the regulations stated in this catalog, the Student Handbook, and any other College publications. A campus-wide judicial system exists to deal with violations of College regulations. Violations of College regulations may result in penalties up to and including suspension or dismissal from the College.
Mount Saint Mary College has a Health Services Wellness Center located in Guzman Hall that is open during the day on weekdays. It is available to all full-time undergraduate students. Staffing includes a nurse practitioner, registered nurses, a receptionist, and two on-call consulting physicians. The physicians also hold office hours on Friday afternoons. No appointment is necessary for most routine care. The Health Services Clinic is designed to provide treatment for acute illness and injury and is not designed to take the place of the student’s personal physician or to treat illness or injury of a serious or lasting nature.
Health Services maintains student health records for all students. The MSMC Health Form is available for download from the college’s Health Services website and must be completed and returned to Health Services before the beginning of the semester or session. New York State Public Health laws require that all students born on or after January 1, 1957 who wish to enroll in six or more credits in any one semester provide proof of immunity to measles, mumps, and rubella (MMR). Students may submit an official immunization record from their health care provider or complete an MSMC Immunization Record. The immunization record must be signed and stamped by the student’s health care provider. In addition, all students, regardless of age, must sign and return the Meningitis Information Response Form indicating that they either have had or wish to waive the Meningococcal vaccine. The college also requires full-time students to submit documentation of a current physical and PPD (TB test), performed within the past year, which can be recorded on the health form. Students who do not comply with these requirements will be subject to withdrawal from the college.
All full-time undergraduate students pay a Health Service Fee and an Accident Insurance Fee. The Health Service Fee covers all routine in-office care provided by the nurses, nurse practitioner a,nd physicians, as well as over-the-counter medications. Laboratory tests (strep test, mono test, PPD, urinalysis) and many prescription medications are also available and have a minimal co-pay which is billed to the student’s account. In some circumstances, a referral will need to be made to an appropriate off-campus medical facility. In these cases, costs are the responsibility of the student or guardian. Students are encouraged to have medical insurance coverage, to carry a copy of their insurance card, and to know how to access care if needed. The college is located within four blocks of St. Luke’s Cornwall Hospital, where students can receive urgent care after hours. Transportation for such care can be provided by MSMC Security.
The Accident Insurance Fee covers loss resulting from accidental bodily injuries sustained during the policy period. The insurance plan provides coverage 24 hours a day, whether the student is involved in college activities, traveling, or at home. Claim forms are available in Health Services. It is the student’s responsibility to submit bills and to respond to correspondence from the insurance company.
The Health Services Wellness Center also offers wellness programs throughout the year and encourages students to learn about and participate in healthy lifestyles. Topics include stress management, smoking cessation, healthy eating, and exercise, among others. This information is provided through individual student visits, collaborative presentations with Residence Assistants in the residence halls, bi-monthly wellness tables, and an annual Health Fair. Students are also encouraged to utilize the Stress-Less Room that is available for their use whenever the Health Services Wellness Center is open.
For further information about Health Services call 845-569-3152, or email firstname.lastname@example.org.
The Mount offers a variety of residence life settings. The College’s residential facilities (Sakac Hall, Guzman Hall, Dominican Center, Garden Apartments, College Courts, and 35 Elmwood) consist of 15 buildings, each housing between 24 and 252 students. Specific buildings are reserved for first year students in single sex facilities. Other buildings house sophomores, juniors, and seniors together and are single sex or co-ed by floor.
Each building has a kitchen and at least one lounge for students’ use. It is the responsibility of the residence community to maintain basic cleanliness of both areas. Housekeeping services will maintain overall upkeep and sanitation of these areas and bathrooms. No housekeeping is provided for personal rooms. Sakac Hall, Guzman Hall, and the Dominican Center contain suite rooms complete with bathrooms. Resident students are responsible for the upkeep of the suite rooms, the bedrooms, and the bathrooms in Sakac Hall, Guzman Hall, and the Dominican Center. The Director of Facilities oversees housekeeping services.
Sakac Hall (female) and Guzman Hall (male) house freshmen students only, in single sex buildings. Freshmen must abide by the regulations consistent with their living arrangements which include both a visitation and curfew policy. (Please see the Student Handbook for details) These policies emphasize learning to adjust to group living away from home and to accept the responsibilities of being a college student. Residents are required to sign a housing agreement before occupancy.
The Director of Residence Life and staff are responsible for the development of the residential living program. They plan, implement, and enforce rules pertaining to life on campus.
Please note: Residence life policies include the following for on campus residency:
1. Housing Deposit: To reserve a room on campus, a nonrefundable $300 room deposit must be paid. Returning resident students will be asked to pay this each spring before room selections. New incoming freshmen and transfer students will pay this deposit as part of the $450 Admissions fee.
2. Residence Hall Damage Deposit: First time resident students are required to pay a $100 residence hall damage deposit. This deposit provides security that the terms and conditions of the housing agreement will be fulfilled and the unit will be returned in its original condition when the student moves out of his or her room.
The deposit is not a damage fund where intermittent damage charges are deducted during the course of the student’s residency; however, damage charges will be taken from the deposit at the end of the final year of residency. Any final damage charges incurred are assessed and posted to the student’s account.
A portion of a student’s housing deposit ($100 of the total amount) is held for final dorm damage, and the remainder ($200) is applied to the student’s account toward housing fees
3. Three-Year Housing Requirement: There is a 3 year, on campus housing requirement for all students that have less than ninety credits or live outside of nine approved counties. Requests for exceptions to the 3 year housing requirement must be submitted in writing to the Director of Residence Life. Students requesting an exception due to a change in financial circumstances will be asked to submit a special circumstances waiver through the Office of Financial Aid before the request will be reviewed by the Office of Residence Life. Appeals hearings for the 3 year housing requirement are conducted by a three (3) person panel made up of staff from the College designated by the Office of Student Affairs. The chair of the panel is the Director of Residence Life or his/her designee. Hearing decisions are final. (Please see the Student Handbook for details)
Herein, a traditional college student is defined as an undergraduate student age 23 and younger.
4. Credit Requirements: Students must be a traditional, undergraduate student and maintain a 12-credit course load while living on campus. This qualifies students for full time status and coverage under the College’s accident insurance. Those students with less than 12 credits will be removed from housing, unless prior permission to reside on campus has been obtained from the Director of Residence Life. All requests for students with less than 12 credits will be evaluated based on the availability of campus housing and the student’s academic/discipline standing with the College. Upper-class students must be registered for classes by July 1 of the current year, or they will be removed from housing.
Resident students can access the campus-wide computer network, online library resources, and the internet from residence halls and other areas of the campus via the Wireless Academic Network. Participation in the WAN requires a compatible personal computer and a wireless network card, available through the Campus Store.
The Resident Living Council (RLC) is a student group that acts as a liaison between residents and Residence Life. Members of RLC participate in policy and program planning. RLC acts as liaison with the residents. It is composed of elected students from the residential community and is under the oversight of a Resident Director and the Student Activities Department.
Mount Saint Mary College is committed to providing a safe campus for the college community. We employ our own licensed, professional Security and Safety force that patrols the campus 24 hours a day. The Office of Security and Safety distributes a campus security report that outlines campus security and safety services and policies, offers safety advice, and provides campus crime statistics.
The College maintains an Advisory Committee on Campus Safety that meets regularly to review campus security policy and to make recommendations. The Advisory Committee on Campus Safety will provide upon request all campus crimes statistics as reported to the US Department of Education. These statistics are also available on the Department of Education’s website: http://ope.ed.gov/security. For further information, contact the Office of Security and Safety at 845-569-3508.
Sexual Misconduct Policy
The policies and procedures that follow specifically address sexual misconduct. The purpose of this policy is to help Mount Saint Mary College protect the safety, rights, and dignity of all students, faculty, administrators, staff, and visitors without regard to person or position.
PLEASE NOTE that most campus behavior problems, especially the most serious, are associated with the heavy use of alcohol. Good judgment and respect for oneself and others can go a long way toward avoiding problems before they start.
Mount Saint Mary College’s Campus Security is on call 24 hours per day. IN THE EVENT OF ANY EMERGENCY on campus, such as a disturbance, hazard, injury, or suspected crime of any kind, please contact Security at 845-569-3200.
The College, through Campus Security, may refer suspected violations of the Municipal Code of the City of Newburgh, the laws of New York State, or Federal law to their respective authorities as the case may warrant.
STUDENTS’ BILL OF RIGHTS
All students have the right to:
Make a report to local law enforcement and/or state police;
Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution;
Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
Be treated with dignity and receive from the institution courteous, fair, and respectful health care and counseling services, where available;
Be free from any unfair suggestion that the reporting individual is at fault when these crimes and violations are committed, or that he or she should have acted in a different manner to avoid such crimes or violations;
Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;
Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
Have access to at least one level of appeal of a determination;
Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process, and who may also be present during all meetings and hearings related to such process if the student wishes; and
Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
REPORTING AND RESPONSE
Individuals wishing to report incidents of sexual assault, domestic violence, dating violence, and/or stalking have the right to pursue more than one of the reporting options below, or to choose not to participate in any of the options below. You may choose to:
Report the incident confidentially to a college official, who by law may maintain confidentiality, and can assist in obtaining support, counseling, and protective services. Please see the table below which lists names and contact information of professional and pastoral counselors;
Dr. Orin Strauchler, Director of Counseling
Fr. Gregoire Fluet, Chaplain, Director of Campus Ministry
Caitlin Kramer, Counselor
Ben Greenwald, Counselor
Report the incident to other administrators and staff who can offer privacy and can assist in obtaining direction, suggestions, or referrals to services that may be helpful. Please see the table below which lists names and contact information of non-professional counselors;
Dr. Stephen Shapiro, Consulting Physician
Please call 845-569-3152
Dr. James DiLorenzo, Consulting Physician
Please call, 845-569-3152
Dori Bischof, Director of Health Services, FNP
Dina Leduc, RN-Health Services
Barbara Seymour, Administrative Assistant-Health Services
Have, upon the first instance of disclosure by a reporting individual, emergency access to a College official who is trained in interviewing victims of sexual assault, in order to receive information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process utilizes different standards of proof and evidence, and a trained College official who handles sexual assault interviews can answer any questions about whether a specific incident violated the penal law, and whether the issue should be addressed to law enforcement or to the district attorney;
Disclose confidentially the incident and obtain services from the New York State or county hotlines: http://www.opdv.ny.gov/help/dvhotlines.html. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: http://www.opdv.ny.gov/help/index.html (or by calling 1-800-942-6906);
File a criminal complaint with Campus Security, local law enforcement, and/or state police:
Campus Security: 845-569-3200
Newburgh Police Department: 845-561-3131
New York State Police:
844-845-7269 (Campus Sexual Assault Victims Unit)
845-344-5300 (Troop F-Middletown, NY);
Disclose, if the accused is a faculty member, staff member, or administrator of the College, the incident to the College’s Human Resources authority or the right to request that a confidential or private employee assist in reporting to the appropriate human resources authority;
Receive assistance from appropriate College representatives in initiating legal proceedings in Family Court or civil court;
Withdraw your complaint or involvement from the College process at any time.
A complainant wishing to file charges may choose to do so either through the College’s disciplinary process, criminally, or both.
ALCOHOL AND/OR DRUG USE AMNESTY
At Mount Saint Mary College, the health and safety of every student is of great importance to us. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to College officials. A bystander acting in good faith or a reporting individual acting in good faith who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to College officials or law enforcement will not be subject to the College’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
SEXUAL ASSAULT, BATTERY, ABUSE, and COERCION involve a nonconsensual sexual act with another person, whether by physical force, threat, or coercion; including when a person is incapacitated.
RAPE is sexual contact with another person specifically by penetration without his or her consent, and/or when he or she is incapacitated.
HARASSMENT under New York State Law means:
To communicate or cause someone to communicate with another person in a manner likely to cause annoyance or alarm.
To engage in a course of conduct that places another person in reasonable fear of physical injury.
To intentionally and repeatedly harass another person by physical following in a public place with the intent to annoy, threaten, or alarm. It is sometimes referred to as “STALKING.”
DOMESTIC VIOLENCE is defined as physical violence committed by a current or former spouse of the victim, by a person with whom the victim has a child in common, by a person who is cohabitating or has cohabitated with the victim as if a spouse (as determined under applicable law), or by any other person against an adult or youth victim who is protected from that person’s acts by applicable domestic or family violence laws.
DATING VIOLENCE is violence committed by a person who is or has been in a social relation of a romantic or intimate nature with the victim. The length, type, and frequency of the interaction between the persons involved in the relationship are key aspects of these kinds of crimes.
If you are the victim of Sexual Violence or another crime, or if you witness a crime of any kind, CONTACT CAMPUS SECURITY at 845-569-3200, and follow the operator’s instructions. You may also contact Michael O’Keefe, Executive Director of Operations and Risk Management & Title IX Coordinator, TitleIXCoordinator@msmc.edu, 845-569-3597. His office is located at 319 Powell Avenue, 2nd floor.
SEXUAL HARASSMENT is defined as unwelcome sexual advances, requests for favors, or other verbal or physical conduct of a sexual nature, when:
submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s safety, employment, grade, or education;
submission to or rejection of such conduct by an individual is used as the basis for employment, grade, or education decisions affecting an individual; or
such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or subjecting him or her to intimidation, hostility, or humiliation.
Sexual harassment can originate from a person of either sex against a person of the opposite or the same sex.
A HOSTILE ENVIRONMENT is one in which, when viewed from the perspective of a reasonable person in the complainant’s position, unreasonably interferes with the individual’s ability to access education or ability to execute his or her work-related responsibilities.
RETALIATION is defined in this context as punishing or sanctioning a person for either filing a complaint or acting as a witness regarding a complaint of sexual harassment by intimidation, threats, coercion or discrimination.
If you believe you are the victim of Sexual Harassment as described above, contact Michael O’Keefe, Executive Director of Operations and Risk Management & Title IX Coordinator, TitleIXCoordinator@msmc.edu, 845-569-3597. His office is located at 319 Powell Avenue, 2nd floor.
AFFIRMATIVE CONSENT is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.
Past consent does not imply future consent and consent to one form of sexual activity does not imply consent to any other forms of sexual activity. The initiator has the sole responsibility to confirm consent. Coercion, force, intimidation or threat of harm invalidates consent. An individual of minority age cannot give consent.
An INCAPACITATED PERSON is incapable of giving consent. A person is incapacitated if that person is in a physical or mental state such that he or she lacks the ability to make a knowing and deliberate choice to engage in the sexual interaction. For the purposes of this policy, a person who is asleep, unconscious, or involuntarily restrained is incapacitated, without exception. A person may also become incapacitated due to other factors, which may include the use of alcohol and/or drugs to such a degree that the person no longer has the ability to make a knowing or deliberate choice to engage in the sexual interaction. When the question of whether the complainant was incapacitated is at issue, the perspective of a sober, reasonable person in the position of the respondent will be the basis for determining whether the respondent should have known that the complainant was incapacitated and thus incapable of giving consent.
Filing a false claim or grievance against another person or one that is not made in good faith is a serious breach of the College code, and can incur College, civil, and legal penalties. Filing a false police report can be either a misdemeanor or felony under the New York State criminal code, depending on the circumstances.
CONFIDENTIAL vs. NON-CONFIDENTIAL COUNSELING
Mount Saint Mary College is committed to the safety and well-being of all students, faculty, staff, and visitors. Please be aware that if you are a victim of sexual violence, are considering filing a claim of harassment, or if you simply wish to discuss a possible incident of sexual misconduct, there are individuals on campus with whom you can speak confidentially who will not report a complaint without your permission. They are listed below.
PRIVILEGED AND CONFIDENTIAL COMMUNICATIONS
Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the school community are not required to report any information about an incident to anyone without a complainant’s permission.
Below is the contact information for professional and pastoral counselors:
Dr. Orin Strauchler, Director of Counseling
Fr. Gregoire Fluet, Chaplain, Director of Campus Ministry
Caitlin Kramer, Counselor
Ben Greenwald, Counselor
Members of the College community should understand that, if they wish to maintain complete confidentiality, the College may be unable to conduct a thorough investigation into a particular incident or pursue disciplinary action against a respondent.
However, in these cases, the College’s confidential professional counselors can still recommend accommodations or changes to a complainant’s living, working, or course schedules.
A complainant can seek assistance and support from non-professional counselors without triggering a College investigation that could reveal his or her identity, or the fact that the incident was reported. However, these non-professional counselors are required to report the nature, date, time, and general location of an incident to the Title IX Coordinator within 24 hours of learning of the complaint. For example, they may deem a timely warning to local authorities necessary for the safety of the community. This warning would not include readily identifiable information about the complainant.
Below is the contact information for non-professional counselors and advocates:
Dr. Stephen Shapiro, Consulting Physician
Please call 845-569-3152
Dr. James DiLorenzo, Consulting Physician
Please call, 845-569-3152
Dori Bischof, Director of Health Services, FNP
Dina Leduc, RN-Health Services
Barbara Seymour, Administrative Assistant-Health Services
A complainant wishing to file charges may choose to do so either through the College’s disciplinary process, criminally, or both.
REPORTING BY RESPONSIBLE EMPLOYEES
A “Responsible Employee” is a College employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty. The following is a list of employees (or categories of employees) whom the College has designated as Responsible Employees:
Athletic Coaches and Administrators
Full-time and part-time Faculty
Administration (excluding professional and pastoral counselors as listed above)
Advisors to student organizations
A complainant who wishes to report an incident to a Responsible Employee should consider such communications non-confidential. The College will consider a request for confidentiality when a report is made to such responsible employees, but may nevertheless be required to report it.
Even College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
WEIGHING THE REQUEST FOR CONFIDENTIALITY
The College has designated the following individuals to evaluate requests for confidentiality once a responsible employee has been informed of alleged sexual harassment or sexual violence:
Kelly Yough, Dean of Student Affairs
Michael O’Keefe, Executive Director of Operations and Risk Management & Title IX Coordinator
Sharnie Canary, Director of Human Resources/Title IX Deputy Coordinator
Requests for confidentiality and/or not to initiate an investigation will be weighed against the College’s obligation to provide a safe, non-discriminatory environment for all members of its community.
PUBLIC AWARENESS/ADVOCACY EVENTS
If you disclose a situation through a public awareness event such as candlelight vigils, protests, or other public events, the College is not obligated to begin an investigation. The College may use the information you provide to inform the need for additional education and prevention efforts.
INSTITUTIONAL CRIME REPORTING
Reports of certain crimes occurring in certain geographic locations will be included in the Mount Saint Mary College Clery Act Annual Security Report, contained in the Annual Campus Safety Report, in a manner that identifies neither the specifics of the crime nor the identity of the victim/survivor.
The College is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the victim/survivor). A victim/survivor or reporting individual will never be identified in a timely warning.
The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, or (2) when the student is a dependent on either parent’s prior year federal income tax return. Generally, the College will not share information about a report of sexual violence with parents without the permission of the student.
INTERIM PROTECTION OR RESPONSIVE MEASURES
The College will take appropriate measures promptly if it receives notice of a sexual violence allegation. Interim protections or responsive measures are available without a formal complaint, and are available to both the complainant and respondent in the areas of safety, counseling, housing, and educational accommodations. Interim measures may include, but are not limited to, no-contact orders (meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person); change of housing or place of employment; change of class schedule or location; change of transportation; or change of supervision. Interim measures are available from the time of the incident until a final decision is rendered by the College. Both the accused or respondent and the reporting individual shall, upon request, and consistent with the College’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, and shall be allowed to submit evidence in support of his or her request.
In addition, individuals have the right to receive the following protections and accommodations:
To receive assistance from Campus Security or other college officials in obtaining an Order of Protection, or if outside of New York State, an equivalent protective or restraining order;
To receive a copy of the Order of Protection or equivalent (when such has been received by the College) and have an opportunity to meet or speak with a College official who can explain the Order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s) [NOTE: such burden does not rest on the protected person(s), but rather on the accused];
To an explanation of the consequences for violating these orders, which include, but are not limited to arrest, additional conduct charges, and interim suspension;
To receive assistance from Campus Security to call on and assist local law enforcement in effecting an arrest for violating such an Order;
When the accused or respondent is a student determined to present a continuing threat to the health and safety of the community, to have the accused subject to interim suspension, pending the outcome of a conduct process;
When the accused is not a student but is a member of the College community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and rules and policies of the College.
When a case involves a foreign student, the College will work with a SEVIS Designated School Official if the student’s course load is likely to drop below full-time status as a result of the alleged incident. (Threatening a student with deportation or invoking a student’s immigration status in an attempt to deter testimony in such cases is a violation of the investigative process and applicable Federal law.)
The College does not require a complainant to participate in any investigation or disciplinary proceeding.
Every student has the right to request that student conduct charges be filed against the accused.
The College has established a two-part grievance procedure.
Initiation of an Informal procedure is appropriate for allegations of non-violent acts. This does not prevent either party from continuing to a Formal procedure.
Any investigations of allegations of rape, sexual assault, or other acts of sexual violence begin automatically with Formal proceedings.
Both parties (the complainant and respondent) have procedural rights in disciplinary proceedings arising from allegations of sexual misconduct. These include:
The right to have a person of their choice accompany them throughout the disciplinary hearing (reporting individuals have this same right);
The right to exclude their own prior sexual history with persons other than the other party in the hearing, or their own mental health diagnosis and/or treatment from admittance in the College disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction;
The right to a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made, and other issues including, but not limited to domestic violence, dating violence, stalking or sexual assault;
The right to an investigation that is fair, impartial and provides a meaningful opportunity to be heard, and that is not conducted by individuals with a conflict of interest;
The right to have the College’s disciplinary proceedings run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay;
The right to be informed promptly of the outcome of the hearing.
Informal Procedure: Some complainants may not be sure if their complaint meets the criteria defined in the College’s policy; or simply may wish to see the problem resolved as quickly and quietly as possible. In such situations, the complainant is encouraged to talk over the situation with a responsible College official.
Please note that in all cases, individuals are free to take their concerns regarding sexual harassment to any of these College officers: the Dean of Student Affairs, the Vice President for Administration and Finance, or the Vice President for Academic Affairs, should the Informal procedures described below seem inappropriate.
Students may discuss their concerns with the Director of Counseling, Dean of Student Affairs, or other responsible Student Affairs administrator. The administrator, with the student’s permission, will seek a satisfactory resolution.
Formal Procedure: Those who allege sexual misconduct involving rape, sexual assault, or sexual harassment can file a written, signed, formal complaint immediately. In addition, anyone who does not wish to go through the informal procedure or feels the informal procedure was not resolved appropriately can file a formal complaint. The complaint should describe the relevant dates, times, places, names of persons involved, and the nature of the alleged event, as well as the names and contact information of any potential witnesses. The procedure to be followed differs, based on whether the alleged offender is a student, faculty member, administrator, staff member or guest of the College.
Students: When the respondent is a student, adjudication will occur according to the College’s Student Judicial Code and the procedures described in the Student Handbook. The written complaint is to be given to the Dean of Student Affairs. If the Office of Student Affairs determines that there is reasonable cause to believe that a violation of the Code has occurred, the accused student will normally be notified in writing within ten (10) business days of receipt of the complaint. Notification time may take longer if necessary for completion of the investigation.
The notice will include:
The name of the complainant;
The nature of the complaint, including the specific code sections alleged to have been violated, applicable conduct procedures and the sanctions that may result;
The time and place of the hearing. All Student Conduct Hearings will be scheduled during the College’s regular business hours. (9 a.m. – 5 p.m., Monday - Friday);
Notice of the right of both parties to have witnesses;
Notice of the right of both parties to present relevant information;
The names of others who will be present at the hearing (if known), including the names of the hearing officers on the Hearing Panel;
Notice that a Document File compiled by the Office of Student Affairs with statements from the complainant(s), respondent, student(s), and witnesses, and any other documentary information will be available to the respondent, complainant, and their campus advisors for review at least three (3) days prior to the Student Conduct Hearing. An appointment is required to review the Document File.
Rights afforded to the Complainant and Respondent in a Formal Hearing (when a student is the accused)
Throughout the investigation, both parties shall have an equal opportunity to present relevant witnesses and other evidence.
All school-imposed restrictions and permissions shall be extended to both parties in regard to their advisor/advocate.
If one party is permitted to submit third-party expert testimony, then both parties shall be allowed to do so.
Both the complainant and respondent are permitted to have an advisor of their choice or have advisors appointed for them by the Dean of Student Affairs. Advisors may be members of the College community (e.g., coaches or faculty members) or attorneys paid for by the students.
Advisors may be present at the Student Conduct Hearing, but they may not answer for students, make objections, or pose questions.
The right to receive written or electronic notice, provided in advance of any meeting they are required to or are eligible to attend, of the specific rule, rules or laws alleged to have been violated and in what manner, and the sanction or sanctions that may be imposed on the respondent based upon the outcome of the judicial or conduct process, at which time the designated hearing or investigatory officer or panel shall provide a written statement detailing the factual findings supporting the determination and the rationale for the sanction imposed;
The right to make an impact statement during the point of the proceeding when the decision maker is deliberating on appropriate sanctions;
The right to choose whether to disclose or discuss the outcome of a conduct or judicial hearing.
Faculty members: When the respondent is a faculty member, the written complaint is provided to the Vice President for Academic Affairs (VPAA). The VPAA will appoint a teaching faculty member to chair a hearing board consisting of one other faculty member and an administrator/staff member. All of the participants in the hearing board will be chosen from a pool of trained faculty/administrators/staff who will undergo annual training on sexual misconduct training as mandated under Title IX. The VPAA shall turn over the complaint to the hearing board, whose chair shall monitor the hearing, rule on procedure, and deliver a written decision on the case within 60 days of receipt of the complaint. Appeals from the decision of the hearing board on matters of procedure, sanctions, or new evidence not available at the time of the hearing may be made in writing to the President of the College within 6 working days of the decision being delivered. The President shall make the final decision on the outcome of the case within 15 days of receipt of the appeal.
Administrators and staff: When the respondent is a contract administrator or a staff member, the written complaint is given to the Director of Human Resources (if the Director of Human Resources is the respondent in the complaint, the complaint is given to the Vice President for Finance and Administration). The Director of Human Resources shall chair a hearing board that includes a faculty member and an administrator/staff member, chosen from a pool of trained faculty/administrators/staff who will undergo annual training on sexual misconduct training as mandated under Title IX. The chair of the hearing board shall monitor the hearing, rule on procedure, and deliver a written decision on the case within 60 days of receipt of the complaint. Appeals from the decision of the hearing board on matters of procedure, sanctions, or new evidence not available at the time of the hearing may be made in writing to the President of the College within 6 working days of the decision being delivered. The President shall make the final decision on the outcome of the case within 15 days of receipt of the appeal.
Both complainant and respondent shall be notified concurrently in writing of the outcome of the hearing within 60 days of receipt of the complaint. The College shall inform the complainant as to whether it found that the conduct occurred as alleged, any individual remedies offered or provided to the complainant, any sanctions to be imposed on the alleged offender, and other steps the institution plans to take to resolve the matter.
In cases where sexual violence is found to have occurred, the complainant shall be informed of the institution’s final determination and any disciplinary sanctions to be imposed on the respondent. The respondent shall not be notified of individual remedies offered or provided to the complainant.
An appeals process is provided to both sides.
An appeal from a student conduct hearing decision on matters of procedure, sanctions, or newly-discovered evidence that was unknown or not available at the time of the original hearing may be made by written letter or email to the Appeals Committee within six (6) business days of receipt of the determination. The Appeals Committee, under ordinary circumstances, shall be comprised of the Vice President for Students, the Vice President for Academic Affairs, and either the Vice President for Finance and Administration or the Vice President for Facilities and Operations. The Appeals Committee may find that there is a sufficient basis to change the hearing decision only if there is clear error or compelling justification and may then recommend reversing, sustaining or modifying the decision, or changing the sanction accordingly. The recommendation of the Appeals Committee shall be subject to the review of the President, whose decision will be final and binding in all cases.
Appeals from conduct of faculty members, administrators, or staff shall be handled as described above in the faculty, administrators, and staff sections.
Both parties shall be notified in writing of the outcome of any appeal.
If the complaint is dismissed, the College shall delete records of the proceedings from the respondent’s record, as appropriate.
Both parties shall have the right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeal process concludes, unless otherwise required by law.
An employee may also file a complaint with the following agencies:
Equal Employment Opportunity Commission (EEOC) at the New York District Office, 33 Whitehall Street, 5th Floor, New York, New York 10004; the New York State Division of Human Rights at 99 Washington Avenue, Albany, New York 12210; or the United States Department of Education, Office for Civil Rights at 32 Old Slip, 26th Floor, New York, New York 10005.
A student may also file a complaint with the following agencies:
United States Department of Education, Office for Civil Rights at 32 Old Slip, 26th Floor, New York, New York 10005; and the New York State Division of Human Rights at 99 Washington Avenue, Albany, New York 12210.
For students who, after a formal conduct procedure, have been found responsible for a crime of violence (including forcible and non-forcible sex offenses, robbery, aggravated assault, criminal homicide, burglary, motor vehicle theft, and arson), the College will make a notation on the transcript of such students that they were “Suspended After a Finding of Responsibility for a Code of Conduct Violation” or “Expelled After a Finding of Responsibility for a Code of Conduct Violation.” For respondents who withdraw from the College while such conduct charges are pending, and decline to complete the disciplinary process, the College will make a notation on the transcript of such students that they “Withdrew with Conduct Charges Pending.”
Students may seek the removal of a transcript notation for a suspension in accordance with the procedures outlined in Article III, The Student Conduct Hearing of the Student Code of Conduct, located in Section XII of the Student Handbook, except that such notation shall not be removed prior to one year after conclusion of the suspension. Notations for expulsion shall not be removed.
If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.
The College prohibits any retaliatory behavior, including, but not limited to intimidation, reprisal, and harassment, directed against complainants and/or witnesses in an investigation pursuant to this grievance procedure.
Student Support Center
The mission of the Student Support Center is to provide collaborative support services that empower students to become successful in their personal and academic lives.
The programs and services that comprise the Student Support Center include academic advisement, coaching and mentoring, mental health counseling, disability services, tutoring and supplemental instruction, placement testing, and the College’s Higher Education Opportunity Program.
Office of Student Success
The Office Student Success provides academic coaching services to first year undergraduate students and facilitates academic tutoring for all undergraduate students. The Office of Student Success also manages the College’s placement testing and offers academic advisement for undeclared undergraduate students, Special Consideration, and pre-Nursing students.
For more information about the Office of Student Success services, please call 845-569-3176 or send an email to email@example.com.
The Counseling Services office offers time-limited, confidential counseling sessions with qualified mental health professionals to matriculated, currently enrolled students of Mount Saint Mary College. Students who require long-term, intensive treatment and/or who present issues that require services beyond the scope of our office will be referred to appropriate treatment services off campus. Off-campus referrals are also provided for students who opt not to utilize Counseling Services at the College.
Counseling Services staff members are available for consultation to College faculty, administration, and departments for issues related to mental health, counseling, and performance. Staff members are also available to make presentations and provide training to the College community on a wide variety of topics.
To schedule an appointment or obtain more information about Counseling Services, please call 845-569-3115 or email Counseling Services at firstname.lastname@example.org. In the case of an after-hours emergency, contact the Campus Safety and Security Office at 845-569-3200.
The Disability Services office acts as a resource for students who need assistance in addressing disability issues and concerns. Disability Services coordinates Mount Saint Mary College’s academic and non-academic campus accommodations (including for temporary disabilities), assists students in communicating needs to faculty and staff, and works collaboratively with other departments to resolve any concerns related to disability needs that may arise. Students with documented disabilities who require accommodations must identify themselves to Disability Services and present appropriate documentation for review, as described below.
Applying for Disability Accommodations
In order to qualify for disability accommodations at Mount Saint Mary College, students must meet the definition of an individual with a disability as defined by the Americans with Disabilities Act (ADA). Under ADA an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment.
In order to establish disability status and receive accommodations, students must provide Disability Services with current and comprehensive disability documentation supporting the student’s impairment(s). Accommodations depend upon the nature and degree of severity of the documented disability. Updated and recent documentation must be provided by a qualified professional and should attest to the existence of a disability and the impact of the disability on academic performance and/or daily functioning as it relates to campus life. The appropriate accommodation request forms can be found on the Disability Services webpage located at www.msmc.edu or the Disability Services office. Students can also request a copy of this packet by calling or emailing the Disability Services office.
Upon receipt of all necessary forms, documentation, and testing data, Disability Services will review the information and determine the student’s eligibility for accommodations. In some instances, Disability Services may need to contact the doctor or the other professionals who have provided the documentation in order to clarify the nature of the disability and to help determine the student’s eligibility for accommodations. Disability Services may also request to have further contact with the student and his/her family in determining the student’s eligibility for accommodations.
Every effort will be made to provide accommodations in a timely manner, but circumstances such as incomplete documentation and/or last minute requests for accommodations may delay this process. While the law requires that priority consideration be given to the specific methods (accommodations) requested by a student, it does not imply that a particular accommodation must be granted if it is deemed not reasonable or other suitable techniques are available.
Once accommodations have been granted, Disability Services will send a confirmation email to inform the student of the accommodations that have been approved for him/her at Mount Saint Mary College.
Disclosure of Information
Disability related information provided to Disability Services is considered an educational record, which falls under the protection of the Family Educational Rights and Privacy Act (FERPA). FERPA permits Disability Services to share information about the impact of a disability and accommodation eligibility with other Mount Saint Mary College officials who have a legitimate educational interest. A college official includes, but is not limited to, faculty and instructional staff, the Dean of Students, Residence Life staff, Office of the Registrar staff, academic coaches, Safety/Security staff, Counseling Services staff, and Health Center staff. Legitimate educational interest means that the college official needs to review an educational record or receive educational record information in order to fulfill his or her professional responsibilities. Sharing this information does not require student consent under FERPA.
Disclosure of educational record information to a Mount Saint Mary College official having a legitimate educational interest does not, however, constitute authorization for that person to transmit, share, or disclose any or all of that information to a third party who does not have a legitimate educational interest.
Consent to Release Records
Written consent is required for the release of records to non-college officials. Disability Services staff will provide disability documentation to a specified individual after a student has provided written authorization or consent. The Authorization to Release Information form can be found online at www.msmc.edu. Students can also request a copy of this form by calling or emailing the Disability Services office.
Students have the right to disclose specific disability information as they choose. A student is not required to disclose disability status when there is no need for an accommodation in a class or other campus setting. A delay in appropriate disclosure can result in a student not receiving an accommodation for a particular activity or in a particular setting or environment because insufficient time is available to arrange or provide the accommodation.
Should there be any disagreement about documentation, the review process, accommodations, or any other matters related to disability issues, students may request an appeal hearing for a disability concern (see below for more information).
Further information about Disability Services and disability accommodations can be obtained by contacting Disability Services staff by phone (845-569-3638), e-mail (email@example.com), or online at www.msmc.edu.
Appeal Hearing for a Disability Concern
Where a resolution cannot be reached informally, a student who believes the College is not in compliance with the applicable law(s) regarding disability issues may request an Appeal Hearing for a Disability Concern by submitting a written request to the Vice-President of Academic Affairs. The written request must be submitted within ten business days after the grievant directly contacted the appropriate person to attempt an informal resolution. It should include the rationale for the grievance as well as any significant information relevant to the appeal. Alternative methods of communication, such as a personal or telephone interview, email, or digital recording, are also acceptable to accommodate an individual’s disability. The types of claims that will be reviewed within these grievance procedures include: 1) disputes as to the nature or adequacy of the reasonable accommodations to be provided; and 2) disputes as to whether reasonable accommodations have been provided consistent with the agreement of the involved parties.
An Appeal Hearing for a Disability Concern will be scheduled at which the student may present his/her grievance(s) before the hearing panel. Appeals hearings are conducted by a three (3) person panel made up of faculty and staff from the College designated by the Office of Academic Affairs.
The student has the right to be assisted by a MSMC campus advisor who is not directly involved in the Appeal Hearing. The campus advisor must be a full-time MSMC employee, who is acting in his/her role as a MSMC employee. The campus advisor may be present to advise only and may not participate. Advisors who interfere with the proceedings can be excused by the hearing panel. During the course of the resolution of a grievance, the hearing panel may call upon additional persons or request additional evidence it believes may be helpful in finding a suitable resolution. After the meeting, the appeal panel will deliberate and make its written recommendation to the President or his/her designee, whose decision is final. The student will be notified of the President’s decision within 30 days of the hearing, absent extraordinary circumstances. If the grievance involves a dispute regarding the conduct or the requirements of a course, or of an academic program, a copy of the written decision issued by the President will be provided to the Vice-President for Academic Affairs, the chair of the division responsible for the affected course or academic program, and, when applicable, to the instructor responsible for the course.
Disability Services will make appropriate arrangements to ensure that disabled persons are provided other accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. A student who makes use of the grievance procedure shall not be retaliated against for doing so. The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the US Department of Education, Office for Civil Rights.
Arthur O. Eve Higher Education Opportunity Program (HEOP)
The core mission of the Arthur O. Eve Higher Education Opportunity Program (HEOP) at the Mount is to provide educational opportunity and support to students with strong academic and personal potential who might otherwise be excluded from higher education due to academic and economic disadvantage. To be eligible for HEOP, students must first meet the income guidelines established by the NY State Board of Regents.
HEOP students receive a broad range of innovative services, including academic, personal, and career counseling, individual and small group tutoring, leadership training, and student development workshops. All students are required to enroll in an intensive and comprehensive Pre-Freshman Summer Program. This experience is designed to assist in the transition to campus life, both academically and socially. HEOP students are expected to live on campus during the Summer Program unless the student is above the traditional age and/or is married or has dependents. HEOP is jointly sponsored by the college and the New York State Higher Education Opportunity Program. Students are admitted without regard to age, sex, sexual orientation, race, disability or creed.