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IX - Policy Statements

In this Section

Alcoholic Beverages | Drug Policy | Hazing Policy | Student Health Records
Personal Computer Program   |   Email Policy  
Clarkson Information Systems Acceptable Use Policy
Computer Software Policy | I.D. Cards | Access to and Privacy of Student Records
Fraternity-Sorority Policy  |  Student Organization Registration Policy 
Student Use of Motor Vehicles | Harassment Policy and Sexual Misconduct Policy 
Athletic Philosophy | Athletic Policy  |  Use of University Property 
Use of University Facilities | Distribution of Information to the University Community
Cultural Diversity Policy | International Student Policy | Students with Disabilities Policy
Smoking Policy | Weapons on Campus | Financial Clearance and Assistance
Financial Aid Regulations | Refund Policy  |  Disbursement of Title IV Excess Credits
Clarkson Required Health Insurance Policy | Clarkson University Non-Discrimination Policy | Crime Statistic Reporting | Credit Card Marketing Policy
Poster Policy | Student Travel Policy Statement

Table of Contents



IX-A ALCOHOLIC BEVERAGES

INTRODUCTION: Clarkson has a long-standing commitment to maintaining safe working and living conditions for everyone in the academic community. Clarkson University expects faculty, staff, students, and guests to comply with local, state, and federal laws and this policy with regard to sale, serving, possession, and consumption of alcohol. This policy is designed to comply with the Drug Free Schools and Communities Act. Therefore, the University will annually distribute in writing to each member of the academic community 1) This policy (which includes a review of possible sanctions and a description of pertinent laws), 2) A description of health risks associated with alcohol abuse, and 3) A description of counseling services for employees and students. This policy is ultimately designed to provide an educational framework that facilitates the development of a responsible strategy of alcohol use for each member of the academic community. Abstinence is always considered a responsible strategy. Those members of the academic community who choose to consume alcoholic beverages are expected to do so in moderation and within the guidelines of this policy. Violators to this policy are subject to University action described in the SANCTIONS section of the policy.

1. ON CAMPUS, PRIVATE USE: Only those individuals 21 years of age and older are afforded the privilege of possessing and/or consuming alcoholic beverages within the privacy of residence hall rooms or apartments. Individuals are responsible for their actions while under the influence of alcohol. Being under the influence of alcoholic beverages is not a valid excuse for exhibiting behavior considered to be in violation of the Code of Student Conduct. Such individuals will be held accountable for their behavior. In addition to any disciplinary sanction that may be appropriate, individuals found to be in violation of the Code of Student Conduct while under the influence of alcoholic beverages are subject to referral to the Counseling Center for an alcohol evaluation. Those 21 years of age and older may also have the privilege of possessing and consuming alcoholic beverages revoked.

Possession and consumption of alcoholic beverages by individuals under the age of 21 is a violation of this policy and New York State Law. Violators are subject to disciplinary sanction and parental notification.

Serving alcoholic beverages to individuals under the age of 21 is a misdemeanor CRIME. Serving alcoholic beverages to individuals under the age of 21 is a violation of this policy and is a crime under New York State Law. First-time violators are subject to the confiscation of all alcoholic beverages in their possession and will be referred to the Office of Campus Safety and Security.

2.  ON CAMPUS, PUBLIC USE: Individuals 21 years of age and older are afforded the privilege of possessing and/or consuming alcoholic beverages in public at events registered with and approved by the University ONLY. Indoor public areas are defined as any common area outside a residence hall room, apartment, or office (i.e. hallways, stairwells, floor lounges, etc.). All rooms, lounges, etc. that are available for reservation through the University Room Reservation Coordinator are also considered public. In addition, ALL outdoor areas and grounds of the University are considered public.

Public possession and consumption of alcoholic beverages by individuals under the age of 21 is a violation of this policy and New York State Law. Public possession and consumption of alcoholic beverages, including kegs, by individuals 21 years of age and older without University approval is a violation of this policy. Violators are subject to disciplinary sanction.

Public serving of alcoholic beverages is only permitted at events registered with the University. Events must have a designated chair that has the overall responsibility for the event. The event chair is responsible for registering the event with the University by submitting the Clarkson University Event Registration and Request for Alcohol Service Form. Information and forms can be obtained by contacting the Office of Student Organizations (x2345) or online at www.clarkson.edu/ofsa/social/index.html.

The following events require the use of the University’s food service vendor:

  • Events where more than 25 persons are expected to attend and/or kegs are served. Note: events outside of Cheel Campus Center and the Student Center require a minimum 30 day license application period per New York State law.
  • Events involving the sale of alcoholic beverages. It is a violation of New York State Law and this policy for anyone other than the University’s food service vendor to sell alcoholic beverages on the campus. This includes requiring a “cover charge” for admission to an event at which alcoholic beverages are being served. It also includes “passing the hat” or any such contribution. Violators will be referred to the Office of Campus Safety and Security.
  • Events that are student-sponsored or student organization-sponsored.

    Event Risk Management Event planners should carefully examine the reasons for serving alcohol. These reasons should be incidental to the purpose for having the event. The method for serving alcoholic beverages at the event must be outlined in detail, including a responsible effective means of ID check. A “self-service” bar is not appropriate for an event that includes any underage guests. Event planners are encouraged to consider employing the University food service vendor as the server of alcoholic beverages.

    Nonalcoholic beverages and food must be conspicuously available at all events. Event chairs are responsible to reserve the event location through the University Room Reservation Coordinator.

    Event chairs and recognized groups hosting the event are responsible for the behavior of all guests at the event. Excessive cleaning or damage repair will be billed as necessary and those responsible will be referred to the Office of Campus Safety and Security. This referral could result in processing a violation of the Code of Student Conduct as outlined in these Regulations. If individuals are not identified, event chairs and/or recognized groups hosting the event will be held accountable for inappropriate behavior displayed by guests. This could result in a referral to the Office of Campus Safety and Security for processing of a violation of the Code of Student Conduct and/or loss of event registration privileges.

    The right of guests to abstain from consuming alcoholic beverages should be respected. Guests should not be pressured into drinking alcoholic beverages. Guests who choose to consume alcoholic beverages will be held accountable for their behavior. It is expected that guests will practice legal, low-risk behaviors which do not result in harm to themselves or others.

    3.  OFF CAMPUS: It is a violation of New York State Law for individuals under the age of 21 to consume alcoholic beverages. It is a crime in New York State to serve or sell alcoholic beverages to someone under the age of 21 and for an individual under the age of 21 to use fraudulent means to obtain alcoholic beverages. Individuals should realize that student status does not make one immune from the consequences of violating the law off campus. Members of the academic community are referred to the section entitled “Pertinent Law” for an elaboration of laws related to alcohol use.

    Those convicted of a crime for selling, serving, or using fraudulent means to obtain alcohol are subject to disciplinary follow up and sanction by the University.

    Individuals arrested or requiring medical attention while under the influence of alcohol are subject to referral to Counseling Services for an alcohol evaluation.

    4.  SANCTIONS: All members of the academic community are expected to comply with this policy. Employee violators of this policy are subject to referral to their supervisor and/or the Office of Human Resources. Guest violators are subject to removal from the campus and/or referral for prosecution. Student violators, when referred to the Office of Campus Safety, are subject to the following:

         1)  Disciplinary Reprimand
         2)  Disciplinary Probation
         3)  Disciplinary Suspension
         4)  Disciplinary Expulsion
         5)  Referral for Prosecution

    Other sanctions instead of, or in addition to, sanctions 1 through 5 may also be imposed. These include (but are not limited to): loss of campus housing priority, expulsion from campus housing, denial of campus driving privileges, fines, community service/work assignment, and mandatory referral to Counseling Services for an alcohol evaluation.

5.  PERTINENT LAWS:
New York State Penal Law
Unlawfully dealing with a child in the first degree. A person is guilty of unlawfully dealing with a child in the first degree when he gives or sells or causes to be given or sold any alcoholic beverage to a person less than twenty-one years old. Unlawfully dealing with a child in the first degree is a class A misdemeanor.

Alcoholic Beverage Control Law
Prohibited sales. No person shall sell, deliver or give away or cause or permit or procure to be sold, delivered or given away any alcoholic beverage to:

  1. Any person, actually or apparently, under the age of twenty-one years;
  2. Any visibly intoxicated person.

    Procuring alcoholic beverages for persons under the age of twenty-one years. Any person who misrepresents the age of a person for the purpose of inducing the sale of any alcoholic beverage to such person is guilty of an offense that shall be punished by a fine of not more than two hundred dollars, or by imprisonment for not more than five days, or by both such fine and imprisonment.

    Offense for one under twenty-one years to purchase or attempt to purchase an alcoholic beverage through fraudulent means.
    1. (a) No person under the age of twenty-one years shall present or offer to any licensee under this chapter, or to the agent or employee of such licensee, any written evidence of age which is false, fraudulent or not actually his own for the purpose of purchasing or attempting to purchase any alcoholic beverage.
    (b) A person violating the provisions of this subdivision is guilty of a violation punishable by a fine of not more than one hundred dollars, and/or appropriate community service not to exceed thirty hours, and/or completion of an alcohol awareness program.
    2. The court may suspend a violator’s driver’s license to drive a motor vehicle for ninety days, if it is found that it was a New York state driver’s license which was the written evidence of age for the illegal purchase.

    Unlawful possession of an alcoholic beverage with intent to consume by persons under the age of twenty-one years.
    No person under the age of twenty-one years may possess any alcoholic beverage with intent to consume such beverage. The court may impose a fine not exceeding fifty dollars and/or completion of an alcohol awareness program.

    New York State Motor Vehicle and Traffic Law
    False statements, alteration of records or substitution in connection with any examination.
    Any person knowingly making a false statement ... in application for a license ... or make material alteration in a certificate of ... license, or unlawfully use a validating device on such certificate of ... license form shall be guilty of a misdemeanor.
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IX-B DRUG POLICY

1.  Clarkson University and the individuals within it are subject to federal and state law. The University must recognize the legitimate responsibilities of law enforcement agencies. Therefore, Clarkson cannot condone any illegal act involving possession, manufacture, use, or sale of controlled substances (drugs) on its campus. Any violation of applicable law in the sale, use or possession of a controlled substance will result in disciplinary action by the University and/or prosecution by local, state or federal authorities. Further, a referral for a drug evaluation may result from one's actions associated with the sale, use or possession of a controlled substance.

2.  It is recognized that students who have used or are using controlled substances may need and wish to seek counseling. Counseling staff members are available for such help. Conferences with these persons will be treated confidentially.

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IX-C HAZING POLICY

Clarkson University will not tolerate any individual, organization, or sports team that permits or participates in hazing or any other practice detrimental to the physical safety, mental health, or human dignity of the individual. Hazing is also a violation of New York State law (section 120-16).

Any individual, organization, or sports team authorizing any action or situation that recklessly or intentionally endangers mental or physical health which includes, but is not limited to, the forced consumption of liquor, drugs, or any other substances; creation of excessive fatigue; morally degrading or humiliating games; engaging in public stunts and buffoonery for the purpose of initiation into or affiliation with any organization or sports team, shall be subject to University disciplinary action, in addition to any other legal penalty pursuant to the penal law or any other law to which a violator or organization may be subject. University disciplinary action in the case of a student may result in his or her reprimand, suspension, or expulsion; and in the case of an organization, rescission of permission for that organization to operate on campus property.

A copy of such rules and regulations are available to all students enrolled at Clarkson University and shall be deemed to be part of the by-laws of any and all organizations operating at Clarkson, and Clarkson shall review annually such by-laws with individuals associated with such organizations.

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IX-D HEALTH CENTER REQUIRED IMMUNIZATIONS

New York State law requires college students to be immunized against measles, mumps and rubella. The rubella vaccination requires two doses; the first dose given no more than 4 days prior to the student’s first birthday and the second at least 28 days after the first dose. New York State also requires the meningitis immunization or a signed response form on file documenting the student’s waiver of the immunization. If a student does not comply, the University is compelled by state law to deny that student further attendance. No New York State student may attend in excess of thirty days and no out-of-state or foreign student may attend in excess of forty-five days without the above New York State requirements documented and on file with the University. For clarification of the forms go to the following web site http://www.clarkson.edu/healthcenter

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IX-E PERSONAL COMPUTER PROGRAM

Each incoming undergraduate student is strongly encouraged to bring a personal computer to Clarkson. To ensure the availability of a reliable network for academic work, all computers that connect to the University network are required to be running anti-virus software. Clarkson University treats cases of copyright infringement, to include copying, possessing, sharing or distributing copyrighted works without permission, as theft. Copyrighted works include most music, movies and software. Violators are subject to loss of network privileges, fines, and referral to the Dean of Students for disciplinary action. The Clarkson University Acceptable Use Policy below provides additional details of the terms and requirements of using Clarkson University computing services and facilities.

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IX-F EMAIL POLICY

  1. University use of email
    Electronic Mail is an important and official means of communication for the Clarkson University community. The university has the right to expect that email communications will be received and read in a timely matter. Students, Faculty and Staff are expected to regularly check, read, and respond to their email. See also Clarkson University Regulations Section IX-G: Clarkson University Information Systems Acceptable Use Policy for additional pertinent information.
  2. Redirecting of email
    Student s are advised not to forward their Clarkson mail to an off-campus email address (e.g. @aol.com), as the university cannot be responsible for email delivered beyond the Clarkson system. If forwarded, students are responsible for information sent to their official Clarkson accounts, even if their off-campus email provider fails to deliver the message.
  3. Privacy
    Users should exercise extreme caution in using email to communicate confidential or sensitive matters, and should not assume that email is private and confidential. It is especially important to send messages only to the intended recipient(s). Caution should be exercised when using the “reply” or “reply all” command during email correspondence. When feasible, attachments containing sensitive information should be encrypted or password protected as an additional safeguard.

    In order to safeguard the privacy rights and needs of every individual, email sent to groups of recipients should be addressed via blind carbon copy (“bcc” addressing). Such email should not include non-directory information (ref. Regulations IX-J-4 for the approved list of directory information) or other information that would indicate differential selection criteria within the email body (e.g. award, scholarship or honors selection).

    The email system is owned by the University, which retains the right to inspect and disclose the contents of electronic mail to the extent permitted by law. The University may inspect and disclose the contents of electronic mail to:
    • Assist in the investigation of misconduct or misuse
    • Protect public health and safety
    • Prevent interference with the academic mission
    • Locate substantive information required for the university business that is not more readily available by some other means
    • Fulfill obligations to law enforcement for criminal or civil investigations
    • Where not otherwise restricted by law or policy, the university will inform users if their email was inspected or disclosed without their prior consent.
    To protect the user and the university, faculty and staff should attach the following statement to their email signature:

    “This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.”
  4. Retention of email
    In many cases, email is considered official correspondence of the university. As such, users have a responsibility to retain email records as required law or policy. Each office or department should have guidelines and retention plans that provide guidance to determine which items will be retained and for how long. Those items that are determined to require long term retention should either printed and filed or saved to a stable electronic medium (CD or DVD). NOTE: lf you know, or should have reason to know, that litigation is imminent, all records relating or possibly relating to the litigation must be excepted from this retention policy. Electronic documents should be retained in electronic format to preserve possible metadata.

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IX-G CLARKSON UNIVERSITY INFORMATION SYSTEMS ACCEPTABLE USE POLICY

  1. Definitions
    1. University: Clarkson University at Potsdam, New York.
    2. University community: faculty, staff, and students of the University, whether or not compensated for their services; persons performing research or engaging in work or study utilizing University resources or facilities; and other persons allowed access or uses of University resources or facilities.
    3. University Resources: facilities, library resources, equipment, funds, personnel, and other resources belonging to or supplied by the University.
    4. User: a person expressly authorized to use University information technology resources and associated services provided by the University.
    5. University Property: includes, but shall not be limited to, the following:
      1. The name, CLARKSON UNIVERSITY, all derivatives thereof and all logos, trademarks and trade names incident to the business and activities of the University.
      2. All University information technology resources, library holdings, telephone and communication systems.
  2. General Use Policy for Information Technology Resources
    Information technology resources are those facilities, technologies, and information resources required to accomplish information processing, storage, and communications, whether individually controlled, or shared, stand alone or networked. Included in this definition are all classroom technologies, and computing and electronic communication devices and services.

    Any member of the University community may use the University's information technology resources in support of instructional, research, and service missions sanctioned by the University. Access to these resources is granted to each individual for a specific purpose. Proper use of the resources must be consistent with that purpose. In particular, instructional access is granted for work done by officially registered students in support of a recognized course of study. Research access is granted for work approved by an authorized official of a University department.

    By using University-supplied information technology resources and associated facilities, individuals and other entities agree to abide by all policies and procedures adopted by Clarkson University as well as all current federal state and local laws. These include University policies and procedures against harassment, plagiarism, and unethical conduct; as well as local, state, and federal laws prohibiting theft, intellectual property and copyright infringement.

    The University reserves the right to restrict the use of its information resources and facilities, and to limit access to its computers systems and networks when faced with evidence of violations of University policies or standards, of contractual obligations or of federal or state laws. The University also reserves the right to remove or limit access to material posted on or transmitted by its computers and network facilities.
  3. Acceptable Use Guidelines for Computer and Network Facilities
    The University strives to provide fair and distributed access to information technology (i.e., computer and network) facilities for a large number of users. The acceptable use guidelines which follow apply equally to all types of electronic information services, including electronic mail (e-mail) and electronic news groups, provided on Clarkson's computer and network facilities. Everyone using University information technology resources is responsible for following guidelines which characterize acceptable use.
    1. Clarkson supports the principles of academic freedom and free inquiry and expression in the online environment as well as in the classroom. This freedom must however be balanced with the responsibility not to infringe on other rights of individuals.
    2. Acceptable use of shared information technology facilities follows the same standards of common sense, courtesy, and restraint that govern the use of other public facilities. Clarkson regulations IX-N Sexual Misconduct Policy and IX-T Cultural Diversity Policy also apply to the online environment. Acceptable use requires users to be ethical and respectful of the rights of others and of the diversity of the University community, and to maintain a climate which does not interfere with the studies, work or living environment of any members of the Clarkson community.
    3. Acceptable use of information facilities respects individuals' rights to privacy and to freedom from threats, intimidation, harassment and unwarranted annoyance.
    4. Acceptable use includes the right of individuals to access and save any legal files on the internet. It is not acceptable to display and print potentially offensive material in public computer labs where others cannot avoid seeing these files. Such material should be viewed in a private location. Material which is potentially offensive to others should not be publicly displayed without an academic reason.
    5. Acceptable use standards require everyone to take prudent and reasonable steps to prevent unauthorized access. Access authorization relies on user identification and password for each user. The user-ID forms the basis for mechanisms which are designed to establish ownership and responsibility for computing resources and use. Acceptable use respects these identification and security mechanisms.
    6. Acceptable use requires that all users refrain from any illegal and improper intrusions into the accounts of others and/or into any University information technology resources and systems.
    7. Acceptable use requires that all users recognize and honor the intellectual property rights of others.
    8. Acceptable use of information facilities respects University regulations, contracts with University suppliers, and all local, state, and federal laws. Software theft, also known as software piracy, is a topic of much concern. Acceptable use of software respects all associated license and/or purchase agreements; if you have not met the conditions of such an agreement for a given software package, do not copy the package for your use.
    9. Acceptable use of all off-campus network connections, i.e., use of the Internet, respects the University's network access contracts which impose strict requirements. In general, off-campus network use must be for education or research. The University's access contracts prohibit commercial activities such as advertising. They also require all users to promote efficient use of the network to minimize and avoid, if possible, congestion of the network which interferes with the work of others.
    10. Acceptable use of information technology resources requires that all users refrain from acts that waste resources and prevent others from having broad access to University computers and resources.
  4. Enforcement
    When instances of unacceptable use comes to its attention, the University will investigate them and may take action to prevent their further occurrence. During an investigation, the University reserves the right to copy and examine any files or information resident on University systems allegedly related to improper use, including the contents of electronic mailboxes. Investigations that discover improper use may cause the University's authorized investigators to:
    1. limit the access of those found using facilities or services improperly;
    2. disclose information found during the investigation to other University authorities;
    3. begin discipline actions a prescribed by University policies and procedures;
    4. install automatic measures to limit improper use
  5. E-Mail: Notes on Use, Content, and Confidentiality
    Access to and the responsible use of modern information resources are essential to the pursuit and achievement of excellence at Clarkson University. The University encourages appropriate use of e-mail (electronic mail) to enhance productivity through the efficient exchange of information in furtherance of the University's mission of research, instruction and public service. Use of e-mail should be consistent with this mission and this policy and guidelines based on common sense, common decency, and civility applied to the network computing environment.

    The University's computer and network support staff makes every reasonable attempt possible to maintain the confidentiality of e-mail correspondence. However, a large and diverse collection of software and hardware components is required to provide e-mail service on the University's network-connected computers. The interactions among these e-mail components is complex, and, from time to time, flaws appear which, until identified and corrected, could result in a loss of confidentiality for some e-mail communications. In recognition of these infrequent, but real, problems with e-mail operations, please note that the University considers e-mail systems to be a non-confidential medium, and as such, Clarkson's e-mail system should not be used to convey confidential or sensitive information.
     
    Accordingly, when making the decision to store an electronic message, you should consider the impact on yourself and the University if the message is ultimately disclosed or released to other parties.
  6. Information Security: An Additional Note of Caution
    As a user of the various computing systems maintained and operated by the University, you should be aware of the limited security of these systems and of information stored there. Clarkson University systems serve a variety of academic users and are intentionally open systems to make access and operation easy for users. Security for each computer system is essentially user-controlled by means of access passwords and guarding features. These security methods provide for orderly operation of each computer, but place the responsibility for security upon you, the user.

    You should realize that unauthorized access to information is possible through malicious mischief, particularly if you are careless about protection of your passwords and the use of system security features. You should be careful about storing or processing sensitive information; the University cannot guarantee the protection from unauthorized access.
  7. Electronic Publishing Policy (World Wide Web Pages)
    The University recognizes the value and potential of publishing on the Internet (typically on World Wide Web pages) and encourages students, staff, and faculty to publish electronic information. Any department, organization, class, or individual student or faculty member may publish Web pages in support of the mission of the University. In support of the mission of the University it is necessary to establish policy guidelines regarding the use of University facilities, equipment, information, resources, and personnel.
    The objectives of this Policy are to:
    1. encourage the full and free exchange and expression of creative and/or scholarly ideas within the context of the mission of the University and applicable laws and regulations;
    2. maintain and enhance the reputation of the University;
    3. promote the transmission of knowledge, the pursuit of truth, the development of students, free inquiry and free expression;
    4. promote the public good;
    5. enhance opportunities for cooperation and productive interaction with persons who may visit WWW sites served by the University;
    6. ensure that the physical limits and demands on the network and electronic resources of the University are protected.
  8. WWW Policy
    Under the auspices of the Office of Information Technology (OIT) students, faculty and staff are allowed access to the WWW. All University information technology resources and facilities of the University shall be used solely for University academic, instructional, research, or administrative purposes. Any unauthorized, illegitimate, or illegal use of University information technology resources or facilities is a violation of University policy.

    Uses of University information technology facilities for access to the WWW for purposes other than those specified above are illegitimate. In addition, illegitimate use includes:
    1. Use for any illegal purpose;
    2. Any use that creates a hazardous or dangerous condition posing a threat to persons or property.
    3. Use that infringes on the rights or freedoms of members of the academic community or which disrupts or obstructs the institutional mission;
    4. Any unauthorized loan or rental of University property;
    5. Publishing without permission copyrighted text, photos, graphic images, or sound recordings;
    6. Violation of existing federal laws regarding copyright, trademarks, and intellectual property.
  9. Copyright Law and WWW Materials
    Copyright laws apply to electronic publishing as well as print publishing. Users may not place any materials owned by others (i.e., copyrighted works) on Web pages or in any form of electronic communication without the express permission of the copyright owner. Users must advise the Educational Resources Center if the user has permission to post copyrighted material. A user who intends to or has secured copyright protection for published material should include the name of the user, the date, the word "copyright," and the copyright symbol (©) on the material.
  10. Electronic Publishing Guidelines
    1. Each user is responsible for the page(s) published and the pages to which they directly link.
    2. The name and e-mail address of the page owner must appear on all published pages.
    3. Student personal home pages must not imply that the author represents the University in any official capacity.
    4. Users should assume that materials (including pictures) found on the WWW are copyrighted unless a disclaimer or waiver is expressly stated. If a user wishes to display a copyrighted picture that is already on the WWW, the user should create a remote link to the material.
    5. Special care should be taken in the use of materials licensed to Clarkson by their owner. Unless otherwise stated, these materials are restricted to use within Clarkson. Under no circumstances should such materials be redistributed.
    6. Do not place any pictures or videos of people on the Web page without the permission of the subjects in the picture or video. Use without permission may be a violation of or invasion of a right to privacy.
    7. Campus information technology facilities should not be used to communicate information which is of an abusive, obscene, hostile, harassing, or discriminatory nature.
    8. Refer to WWW Publishing Guidelines. However, these guidelines are not the law. Reference is specifically directed to the U.S. Code and other applicable law.
  11. Pertinent Laws
    The user of University facilities or property for access to the WWW is responsible for being familiar with applicable federal law in relation to the use of copyrighted property, trademarks, or other incidents of intellectual property. The user is directed to the following sources and sites which allow review of the applicable statutes and case law:
    1. Copyright Law of the United States — U.S. Code 17 USC 101 and following.
    2. Cornell Law School Legal Info. Inst.
    3. IFLA

  12. Violation of World Wide Web Policy
    Clarkson University reserves the right to remove pages from its servers if it is called to the attention of University officials that the pages are actually or potentially in violation of any state or federal law or rule or regulation.

    Clarkson University reserves the right to remove pages if it is called to the attention of University officials that a page is in violation of any rule or regulation of Clarkson University.

    Users objecting to such action by University officials may avail themselves of Grievance Procedures established by the existing rules and regulations of the University.
  13. Applicability of Clarkson Rules and Regulations
    Violations of this policy may result in disciplinary action pursuant to the established procedures of the University.
  14. Publishing Guidelines
    The following items are required:
    1. Each personal Web page publisher is responsible for the page(s) they publish and the pages to which they directly link. This includes designing, writing, avoiding copyright violations, and keeping information up-to-date.
    2. The name and e-mail address of the page owner must appear on all published pages.
    3. The date of the last update must appear on each such page.
    4. A views and opinion disclaimer must appear on all personal home pages.
    5. Student personal home pages must not imply that the author has official representation of the University.
    6. All copyright laws must be obeyed.
    7. Personal Web pages must be constructed so that they are not wasteful of the University resources. Disk space limitation(s) will be enforced as per the University Quota Policy for all student and faculty accounts.
    8. Personal Web pages must follow the Acceptable Use Guidelines for Computer and Network facilities as they relate to academic freedom and concomitant responsibilities not to infringe on the rights of others in the pursuit thereof.

      The following items are recommended:
    9. It is strongly recommended to include a link at the bottom of personal home pages that allow the user to return to the personal page master page. Example: My Homepage
    10. You are encouraged to consult html style guides which are readily available throughout the Web.
  15. Definitions
    • Direct link: a link that requires only one traversal or one hop between two pages
    • HTML: Hyper-Text Markup Language
    • Link: A one-way hypermedia connection between information on the Web
    • Publisher: Person responsible for publishing/updating the information on a Web page
    • Personal Page: A Web page for an individual student, faculty, or staff member
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IX-H COMPUTER SOFTWARE POLICY
The purpose of the software policy is to clarify the rights and responsibilities of all parties concerned with development of software and its documentation. This policy is established to encourage the production and sharing of software products within the Clarkson community.
  1. Any member of the Clarkson community — faculty, administration, staff, and students — who has developed software is free to publish and/or market such software as he or she sees fit, provided that Clarkson has not commissioned the software to be developed and directly paid for its development. In case Clarkson contributed to the development of software and/or documentation that was not commissioned by Clarkson, and in the event software is marketed, the author(s) should determine how Clarkson would be compensated for its contribution.
  2. Clarkson is willing to consider assisting software developers in marketing activities. Toward this end the Computer Software Committee, appointed by the president, has the responsibility to determine if it is appropriate for Clarkson to participate in the marketing of a product brought to the committee for its consideration. If the committee feels it is appropriate for Clarkson to market the product, it will then determine the extent to which the University should participate in the marketing effort. The Computer Software Committee will negotiate with the author(s) on such matters as:
    1. Clarkson's participation in the marketing
    2. external fee level
    3. copyright procedures
    4. reimbursement for the production and marketing expenses
    5. income division
    6. naming the product
  3. If software commissioned by Clarkson is under consideration for marketing, the Computer Software Committee must be consulted before any marketing is accomplished.
  4. The Division of Research must be consulted if software is developed with funds provided by external contracts and grants. Such software must be treated in keeping with the terms of the contract or grant.
  5. Clarkson University shall receive a royalty-free license for internal use of any software product developed by its employees. The same privilege is expected for products developed by its students.
  6. Software products developed at Clarkson shall be identified with the University in some manner.
  7. Decisions of the Computer Software Committee can be appealed by submitting requests to the president.
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IX-I I.D. CARDS AND ACCESS
All Clarkson University community members must have a valid Clarkson University I.D. card. The Clarkson University identification card identifies you as a current member of the Clarkson community. Depending on your relationship to the university, your ID card can also be used as an electronic door key (Clarkson University residence halls doors are on a 24 hour card access by valid cards) and to access a variety of functions and facilities on campus, including athletic events, Knight Card charges, laundry access, dining units, fitness centers, libraries, and vending machines.

The ID card is the property of the university, must be carried at all times, and is non-transferable. This card must be presented and/or surrendered upon demand by a university official; failure to do so, or lending this card to anyone, is considered misuse and may subject the holder to disciplinary action, under the Student Code of Conduct. Lost or stolen cards should be reported immediately to Campus safety & Security.

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IX-J ACCESS TO AND PRIVACY OF STUDENT RECORDS
  1. General Statement
    Clarkson University has the responsibility for effectively supervising access to and/or release of official data/information about its students. Certain items of information about individual students are fundamental to the educational process and must be recorded. Such information concerning students must be used only for clearly defined purposes, must be safeguarded and controlled to avoid violations of personal privacy, and must be appropriately disposed of when the justification for its collection and retention no longer exists.

    In this regard Clarkson is committed to protecting the right of privacy of all students in their education records. FERPA protects a student's record once an individual becomes an actual Clarkson student: the first day of classes of the term in which they enroll. Access to and release of such records is restricted to the student concerned, to officials within the University, to parties seeking information in connection with a student's application for or receipt of financial aid, to a court of competent jurisdiction, and as otherwise permitted or required by law.

    Upon receipt of a Student Information Release Authorization signed by the student, information may also be released to specified persons with the student's consent. At the discretion of the Director of Student Administrative Services, such information can also be provided to a parent if the student is claimed as a dependent on the current Federal Income Tax Return and the University is provided with proof that this is the case.
  2. Access
    Education record information collected and maintained by the University identifiable with an individual student will be made available for inspection and review at the written request of the student subject to certain exceptions as specified later in this policy.

    All students enrolled or formerly enrolled for academic credit shall have access to their education records as and to the extent provided in this policy.

    The personal files of members of the faculty and staff which concern students, consisting of notes kept in the sole possession of the maker, used only as a personal memory aid and inaccessible to other persons other than temporary substitutes for the maker, are not regarded as education records.

    A request for access to education records maintained by the University must be made to the Registrar in Student Administrative Services.

    When a student (or former student) requests access to his or her University record:
    1. The student must provide proper identification so as to guarantee privacy of records.
    2. A staff person may supervise the review of the record with the student.
    3. Inspection and review shall be permitted no later than 45 days from the date of the student's request.
    4. A student will be free to make notes concerning the contents, but no material may be removed from the record at that time.
    5. The department responsible for maintenance of the record shall have discretion as to whether to allow the student to receive a photocopy or other reproduction of the record. If the student is provided with such a reproduction, a reasonable administrative fee will be charged.
    Within the University, education record information may be accessed by university officials with legitimate educational interests. A "university official" is a person employed by the University in an administrative, supervisory, academic, research or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another university official in performing his or her tasks. A university official has a "legitimate educational interest" if he, she or it needs to review an education record in order to (a) perform a task specific to his or her job description or his, her or its contractual duties to the University, (b) perform a task related to the student's education (including without limitation discipline of the student), or (c) provide a service or benefit relating to the student or the student's family.

    Requests for access to a student's education records other than (a) access by parents of dependent students as defined above, (b) access by a party with written consent of the student, (c) disclosure of directory information as described in Section 4 of this policy, (d) access by a university official as described above, and (e) disclosure pursuant to a subpoena or court order under circumstances where the issuing court or agency has ordered that the existence or contents of the subpoena not be disclosed, must be noted in the student file. The notation must state the identity of the person requesting or receiving information, and the legitimate interest of the person in requesting or receiving the information. The student concerned shall be entitled to review this information.
  3. Release of Information
    Pursuant to the federal Family Educational Rights and Privacy Act ("FERPA"), a student has the right to consent to the disclosure of personally identifiable information contained in his or her education records, except to the extent that FERPA authorizes disclosure without consent. Accordingly, personally identifiable education record information with respect to a student or former student will be released only with his or her prior written consent, or as otherwise required or permitted by FERPA . This policy describes some of the circumstances under which FERPA permits disclosure of education record information; however, the University reserves the right to disclose such information as and to the extent required or permitted by law.

    When disclosure of any personally identifiable education record information from University records about a student is demanded pursuant to court order or lawfully issued subpoena, the staff member receiving such order or subpoena shall make a reasonable effort to notify the student concerned prior to replying to the court order or subpoena unless such notification is explicitly prohibited by the court order or subpoena.

    Persons who release education record information on behalf of the University must inform the recipient that the disclosure is subject to the condition that the recipient not disclose the information to any other party without the prior consent of the student. The requirements of this paragraph do not apply to disclosures (a) to the student, (b) to the parents of a dependent student, (c) to a university official, (d) to a party seeking directory information, (e) to a party receiving the information pursuant to a judicial order or lawfully issued subpoena, (f) of certain information regarding student disciplinary proceedings as expressly permitted by FERPA, or (g) to parties otherwise authorized to receive the information pursuant to FERPA without the student's consent, provided that the parameters of permissible redisclosure have been established and documented prior to the initial disclosure.

    Education record information from University records about students may be released for approved research purposes only if the identity of students involved will be fully protected. A record of all such releases must be kept in the student file.

    Information from University records may be released to appropriate persons in connection with an emergency if knowledge of such information is necessary to protect the health or safety of a student or other persons.
  4. Directory Information
    The items below are considered directory information:
    1. Name
    2. Confirmation of current enrollment, includes enrollment status
    3. Major(s)
    4. dates of enrollment
    5. degree(s) received
    6. honor(s) received
    7. local address and telephone number
    8. home address and telephone number
    9. e-mail address
    10. participation in officially recognized activities and sports
    11. weight, height, hometown, high school, date of birth of members of athletic teams
    12. Student ID Photo
    Unless the student has officially filed a written request with SAS prior to relevant publication deadlines (as applicable) that disclosure not be made without his or her written permission, directory information may be included in appropriate University directories, publications and news releases and may be disclosed by staff members in response to inquiries concerning individual students whether such inquiries are made in person, in writing, over the telephone, or by electronic means.
  5. Letters of Appraisal
    Candid appraisals and evaluations of performance and potential are part of the educational process. Clearly, the availability of such information to prospective employers, to other educational institutions, or to legitimately concerned outside individuals and agencies is in the interest of the particular student.

    Documents of appraisal relating to students collected by any department or office of the University on or after January 1, 1975, will be maintained confidentially only if a waiver of the right of access has been executed by the student. In the absence of such a waiver, all such documents will be available for student inspection or review. If a student files a written waiver with the department or office concerned, letters of appraisal respecting admission to any educational agency or institution, an application for employment, or the receipt of an honor or honorary recognition, received pursuant to that waiver will be maintained confidentially. Forms will be available for this purpose.

    All references, recommendations, evaluations, and other written notations or comments, originated prior to January 1, 1975, where the author by reason of custom, common practice or specific assurance had good reason to believe that such documents and materials would be confidential, will be maintained as confidential, unless the author consents in writing to waive such confidentiality.
  6. Challenges to the Record
    Every student shall have the opportunity to challenge any item in his or her education record that he or she considers to be inaccurate, misleading, or in violation of the privacy or other rights of the student. A student shall initiate a challenge by submitting a request in writing for the deletion or correction of the particular item. The request shall be made of the Registrar in Student Administrative Services.

    If the department or office and the student involved are unable to resolve the matter to the satisfaction of both parties, the President or designee shall act as a hearing officer. The student shall be given the opportunity for a hearing, at which the student may present oral or written justification for the request for deletion or correction. The hearing officer may obtain such information as is deemed appropriate for use in the hearing and shall give the student a written decision on the matter within 30 days from the conclusion of the hearing. If the decision of the hearing officer is to deny the deletion or correction of an item in the student's file, a copy of the written decision shall be placed in the student's file, and the student shall be entitled to place in the file a written statement commenting on the contested information, stating why he or she disagrees with the decision, or both. The student's written statement shall be disclosed whenever the University discloses the underlying information to which it pertains.

    Grades may be challenged under this procedure only on the basis of the accuracy of their transcription. This must be done within the first 30 days of the beginning of the next academic semester after the grades were issued.
  7. Exceptions
    In addition to the exceptions described above, certain data/information maintained in various offices of the University is not subject to the provisions of this policy with regard to inspection, review, challenge, correction or deletion:
    1. Statements or forms submitted by parent/guardian in support of financial aid are considered to be confidential between those persons and the University and not regarded as part of the student's official record.
    2. University employment records of students relating exclusively to their status as employees and not used for any other purpose, where the employment is not related to the employee's status as a student, are not subject to this policy.
    3. Health and/or counseling records made or maintained by a professional or paraprofessional acting in his or her professional or paraprofessional capacity in the course of treating the student, and disclosed only to individuals treating the student, are not subject to this policy.
    4. Records of the University's Department of Campus Safety & Security that are created and maintained by the Department for law enforcement purposes are not subject to this policy.
    5. Other data or information not constituting "education records" as defined by FERPA.
  8. Other
    The full text of FERPA is available in SAS or the Office of the Vice President for University Outreach and Student Affairs.

    Students who believe that the University is not complying with the requirements of FERPA or the regulations issued by the Department of Education implementing that Act, may file complaints in writing with:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Ave. SW
    Washington, DC 20202-5920

    Revisions and clarifications to this policy will be published as experience with the law and the institution's policy warrants.
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IX-K FRATERNITY-SORORITY POLICY
At Clarkson University, Greek letter organizations have been an influential factor since the first fraternity was established in 1903, and have enlisted and focused to a degree the loyalties of undergraduates and alumni(ae). The constitutions of these organizations state clearly that they are formed to promote the literary, educational advancement, leadership, service and social skills development of their members, and to the extent that these objectives have been fulfilled, the groups have been a distinct asset to the University.

Over the years, there has been a gradual growth of other types of non-academic associations with literary, artistic, or service purposes as well as academically-oriented extracurricular groups that have tended to lessen the impact of Greek letter organizations on undergraduate life. It is incumbent upon the University to take appropriate cognizance of Greek letter organizations as they exist at present and as their role may evolve in the future. Clarkson's Recognition Policy is the governing policy for fraternities and sororities.

The future of the Fraternity and Sorority system on this campus will be determined by their demonstrated ability to contribute positively to the "Vision of a Clarkson Education." This includes high academic standards, good social behavior, and constructive extracurricular activities. These organizations will maintain a sound financial structure, satisfactory housing conditions, sanitary kitchen and health arrangements, be responsible citizens of the University community and neighborhood, foster continued interest in the University by their alumni(ae), and abide by the Recognition Policy established by the University.

In addition:
  1. Clarkson refuses to recognize any organization that practices discrimination based on race, creed, color, or national origin in the selection of members.
  2. Clarkson is opposed to any voting procedure that allows a small minority to have veto power over the membership selection process.
  3. Clarkson refuses to recognize any organization that permits hazing or any other practice detrimental to the physical safety, mental health, or human dignity of the individual. Any individual or organization authorizing any action or situation that recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be subject to disciplinary action, including rescission of permission to operate on campus property, in addition to any other legal penalty. Clarkson requires that a copy of the rules and regulations prohibiting such practices:
    1. be made available to all students at Clarkson University,
    2. be included in the charter and/or by-laws of every organization operating at Clarkson University, and shall review this charter and such bylaws with individuals affiliated with such organizations annually.
All polices governing fraternity and sorority life (including but not limited to Clarkson Regulations, Recognition Policy for Fraternities and Sororities; and Panhellenic and Interfraternity Councils) must, like all laws, be reasonably interpreted and fairly enforced.

Clarkson Regulations and Recognition Policy take primacy over local or national fraternity and sorority rules, as they do over the rules of all other Clarkson organizations. Clarkson expresses the hope that national and local fraternities and sororities on the Clarkson campus will cooperate in effecting this fraternity-sorority policy so that they will fulfill the constructive and useful purposes upon which their founding principles, rituals, creeds, and ideals were formed.

 IX-L   STUDENT ORGANIZATION REGISTRATION POLICY

"advisor" means a member of the University faculty or full‐time staff who advises the members of an organization

"organization" means a student group holding a valid registration that has been approved by the Office of Student Organizations;

 “O.S.O.” means the Office of Student Organizations

Section I. Student Organization Registration

A.) Individuals or groups who wish to organize must have no less than 3 members in good academic standing and make an application to become a recognized student organization through the Office of Student Organizations by filling out the Student Organization Registration process on Knight Life.

B.) As a condition of being a registered student organization during an academic year, every previously registered organization must submit to the Office of Student Organizations within 30 days of the beginning of Fall semester a completed Student Organization Registration Form containing the following:

1. name of the organization;

2. type of organization;

3. purpose of organization;

4. membership qualifications including dues and G.P.A. requirements

5. advisor name and email address;

6. representative or officer names, email addresses, addresses, and phone

numbers;

7. list of all members and email addresses (at least 3 students in good

academic standing are required to maintain registration), and

8. a current copy of the constitution and bylaws of the organization.

C.) An organization that does not meet the specified deadline for registration will be subject to a $75.00 fine.

D.) New registered student organizations must submit to the Office of Student Organizations a completed Student Organization Registration Form containing the following:

1. name of the organization;

2. type of organization;

3. purpose of organization;

4. membership qualifications including dues and G.P.A. requirements

5. advisor name and email address;

6. representative or officer names, email addresses, addresses, and phone

numbers;

7. list of all members and email addresses (at least 3 students in good

academic standing are required to maintain registration), and

8. a current copy of the constitution and bylaws of the organization.

E.) The president or authorized representative of the organization shall ensure that the organization is duly registered in the Office of Student Organizations and that any changes in officers, advisors, members or purposes will be so reported to the O.S.O not later than ten (10) working days after the change has been made.

F.) No registered student organization or group may have any person as a member who is not either a student or a member of the faculty or staff of the University. A registered student organization may state that its membership is composed of students, or of students, faculty, and/or staff of the University, but it shall not suggest or imply that it is acting with the authority or as an agency of the University.

Section II. Organizational Standards of Conduct

A.) Student organizations are expected to comply with all University rules and regulations and to conduct all activities within the spirit and mission of the University and the Office of Student Organizations.

B.) Student organizations, through their activities and actions, are expected to always meet the following:

1. respect normal University operations (i.e. class schedules, movement of traffic, etc.);

2. honor and support the rights of its members in their academic pursuits;

3. not deny or interfere with the rights of others (this includes respecting the dignity of the human person and the full compliance with the anti‐hazing requirements of Clarkson University);

4. refrain from discrimination in membership;

5. represent the purpose and intent of the organization accurately and ethically, be aware of and in full compliance with applicable civil laws and University policies and regulations;

6. and display responsible and ethical actions in all exchanges on and off campus as members of the University community.

Section III. Consequences of Violations

A.) Any student organization is subject to disciplinary action or revocation of

registration as a student organization by the Assistant Dean of Students or the Dean of Students for violation of a rule or regulation of Clarkson University, or of the standards of conduct expected of student organizations as provided in Section II, including rowdy or disruptive conduct at functions, on or off the campus, and conduct unbecoming of an organization and/or that brings embarrassment to the University community.

B.) Officers, members and advisors of the organization shall be held responsible for the conduct and activities of the organization. In addition to possible disciplinary action taken against an organization under these regulations, members are individually subject to disciplinary action for their actions under the provisions of Section II.

C.) In addition to charges initiated by the Assistant Dean of Students or the Dean of Students, any student, faculty, staff member, or student organization may bring charges forward against a student organization for violations of the Organizational Standards of Conduct by filing the charges with the Office of the Dean Of Students.

D.) Lack or Improper Registration of the Organization

Failure to register, or failure to register properly, any student group that meets regularly or otherwise uses University facilities, as required by Section I will lose recognition and room reservation privileges.
 
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IX-M STUDENT USE OF MOTOR VEHICLES
Clarkson University requires all undergraduate and graduate students to register with the University the motor vehicles that they intend to operate on campus and in and around Potsdam during the school year. The use of a motor vehicle on campus is considered a privilege and should, therefore, be considered in a serious and responsible manner. The following regulations apply to ALL students utilizing motor vehicles on campus.

  1. Registration:
    All motor vehicles owned or operated by students at Clarkson University must be registered each year with the Campus Safety & Security Office. Vehicles operated or parked on University property without a valid Clarkson University registration sticker may be towed or otherwise rendered inaccessible at the owner's expense.
    1. A numbered sticker will be provided which is to be placed on the back of the rearview mirror.
    2. The persons to whom registration stickers are issued will be held responsible for violations regardless of the actual driver of the vehicle. When vehicles are disposed of, it is therefore important to remove stickers.
    3. Disabled parking stickers are issued at the Village Police Department. A proof of disability will be required to receive a disabled sticker. This parking privilege is only for the use of the person to whom it is issued. All parking spaces for the disabled are clearly marked on the University campus. All other vehicles parked in these disabled spaces will be towed at the owner's expense.
  2. Liability
    Clarkson University cannot assume responsibility for any motor vehicle or its contents, parked on the campus or its environs. The registration holder assumes all risk of accident and expressly agrees that Clarkson University shall not be liable under any circumstances for injury to persons or loss or damage to property. Those who want protection should acquire their own physical damage insurance.
  3. Parking
    Parking in all designated lots is on a first-come, first-served basis. All responsibility for locating a legal parking space rests with the vehicle operator. Vehicle registrants are responsible for all fines. Lack of space in any lot does not justify parking illegally.

    Each academic year the Office of Campus Safety & Security provides a listing of all lot designations and where campus community members and guests can park. All members of the campus community are asked to familiarize themselves with these regulations.  Parking in all designated lots is on a first-come, first-served basis. Additional copies can be obtained from the Office of Campus Safety & Security, ERC 1200.
  4. Speeding
    The speed limit on campus is 15 m.p.h. except for the access road behind CAMP, which is 30 m.p.h. In all areas, the utmost care should be observed with the many pedestrians and small children on campus.
  5. Abandoned Vehicles
    Vehicles found abandoned or unregistered on University property will be towed at the owner's expense.
  6. Repair to Vehicles
    The use of University property for major overhauls or maintenance of vehicles is prohibited. All such repairs should be made at the student auto shop. Membership in the Clarkson Sports Car Club is required before using the facility.
  7. Motorcycles
    All traffic and parking regulations mentioned here also pertain to owners of motorcycles, motorbikes, or other similar transportation. Motorcycles must be parked in the designated motorcycle parking areas adjacent to the dormitories. Parking motorcycles in spaces designated for automobiles will result in their being ticketed.
  8. No parking or driving on lawns, sidewalks or other pedestrian paths is permitted.
  9. Recreational vehicles (snowmobiles, ATVs, unregistered dirt bikes, etc.) are not allowed on Clarkson University's property at any time. Use of mechanized vehicles on University ski trails is prohibited.
  10. Any violation of Clarkson's posted or written regulations regarding the student's use of motor vehicles will result in (fine amounts subject to change) fines levied against the student's account:

    Parking in restricted area $35.00
    Parking/driving on lawns or sidewalks $35.00
    Vehicle not registered $50.00
    Parking in disabled $75.00
    Parking in fire lane $50.00
    Parking in service area/drive $35.00
    Reckless Driving $100.00
    DMV Fee $20.00
    Tow Charge $125.00

    As determined by the Dean of Students, the offender may be subject to University disciplinary action, with possible revocation of on-campus driving privileges.

    Ticket fines may be paid at the S.A.S. office. Parking ticket appeals must be made on-line ONLY at http://www.clarkson.edu/campussafety/parking/ticket_appeal.php within five working days of receiving notice of a violation. Unpaid fines will be charged to the student's account.
  11. Students are expected to abide by all state laws, ordinances of the Village of Potsdam, and regulations of the University pursuant to the operation of vehicles. Misuse of the privilege to operate a motor vehicle on campus may result in revocation of this authorization and could result in other disciplinary action as warranted.
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IX-N   HARASSMENT POLICY AND SEXUAL MISCONDUCT POLICY

Contact Offices
Title IX Coordinator, Affirmative Action Officer, Human Resources, Dean of Students
all university and non-university members can contact the listed contacts, but we suggest you contact the Dean of Students or the Title IX Coordinator if you are a student. If you are not a student, we suggest you contact the Title IX Coordinator, Affirmative Action Officer or Human Resources. Contact Campus Safety & Security for immediate assistance. Please see our Non-Discrimination Website for additional resources, contacts and information.

I.Policy Statement

This Policy shall apply to persons who are employees and students of Clarkson University, vendors, contractors, guests, patrons, and other third parties participating in any Clarkson-sponsored event or program, whether on or off campus, and to such persons in other situations in which the respondent is acting as a member or participating with a member of the Clarkson community.

Clarkson University strives to provide an educational and working environment that is free from harassment for employees and students. Clarkson is committed to providing an environment that values diversity and emphasizes the dignity and worth of every individual in an environment in which every individual is treated with respect. Harassment in any form is contrary to these goals and fundamentally at odds with the core values of Clarkson University. Harassment is unacceptable and will not be tolerated. Incidents of harassment will be met with appropriate disciplinary action, up to and including separation or dismissal from the University. Any action taken as a result of a violation of this policy will be in accordance with the relevant collective bargaining agreement or University policies.

Clarkson University is committed to the principles of equal opportunity in education and employment. We take seriously our responsibility to provide leadership in ensuring that equal opportunity is the norm rather than an aspiration.

This policy is designed to prevent and sanction incidents of discriminatory harassment within the University community. Harassment on basis of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected by applicable law, by any member of the faculty, staff, administration, student body, a vendor, a contractor, guest or patron on campus, is prohibited at Clarkson. The following behaviors are prohibited forms of conduct and are violations of this policy:

Harassment
It is the policy of Clarkson University that all employees and students work and study in an environment that is free from harassment based on sex, race, color, sexual orientation, gender identity and gender expression, religion, age, marital status, national origin, disability, or veteran status.

The University defines harassment as verbal or physical conduct that denigrates or shows hostility toward an individual because of their sex, race, color, sexual orientation, gender identity and gender expression, religion, age, marital status, national origin, disability, or veteran status, and that:

  • has the purpose or effect of creating an intimidating, hostile, or offensive environment;
  • has the purpose or effect of unreasonably interfering with an individual’s work, study, or participation in University activities; or
  • otherwise adversely affects an individual’s opportunities.

Harassing conduct includes, but is not limited to:

  • epithets; slurs; negative stereotyping; or threatening, intimidating, or hostile acts that relate to sex, race, color, sexual orientation, gender identity and gender expression, religion, age, marital status, national origin, disability, or veteran status;
  • written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of sex, race, color, sexual orientation, gender identity and gender expression, religion, age, marital status, national origin, disability, or veteran status and that is displayed on walls, bulletin boards, or other public locations.

Sexual Harassment
It is the policy of Clarkson University that all employees and students work and study in an environment that is free from sexual harassment. The University will not tolerate sexual harassment of any member of the campus community. This policy specifically addresses acts of sexual misconduct. Sexual misconduct is a particularly grievous form of harassing behavior and is intolerable to Clarkson University. The University will investigate all allegations of sexual harassment. Where sexual harassment is found, steps will be taken to end it immediately. In those instances where it is determined that an individual has sexually harassed another, that individual will be subject to appropriate discipline in accordance with relevant collective bargaining agreements and University policies. The level of discipline will depend on the severity of the harassment. If the investigation reveals a pattern of harassing behavior, or the conduct is aggravated, probation or termination may be appropriate.

Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, "sexual harassment" is defined as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:

  • submission to such conduct is made either implicitly or explicitly a term of an individual's employment or status in a course, program, or activity;
  • submission or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual; or
  • such conduct has the purpose or effect of interfering with the individual's work or educational performance; or of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to participate in or benefit from an educational program or activity.

Sexual harassment, sexual misconduct, and sexual assault committed by faculty, administration, staff, and students, whether on or off campus, is prohibited and will not be tolerated. This applies, but is not limited to, prohibited conduct which occurs in academic, educational, extra-curricular, athletic, residential, and/or other University programs.

Sexual Harassment conduct includes, but is not limited to:
Examples of behavior and conduct that constitute sexual harassment may include, but are not limited to, the following:

  • physical assault that occurs because of sex or gender;
  • direct or implied threats that submission to sexual advances will be a condition of employment, work status, compensation, promotion, grades, or letters of recommendation;
  • sexual advances, physical or implied, or direct propositions of a sexual nature. This activity may include inappropriate/unnecessary touching or rubbing against another, sexually suggestive or degrading jokes or comments, remarks of a sexual nature about one's clothing and/or body, preferential treatment in exchange for sexual activity, and the inappropriate display of sexually explicit pictures, text, printed materials, or objects that do not serve an academic purpose;
  • a pattern of conduct, which can be subtle in nature, that has sexual or gender overtones and is intended to create, or has the effect of creating, discomfort and/or humiliation of another; or
  • remarks speculating about a person's sexual activities or sexual history, or remarks about sexual activities that do not serve a medical or academic purpose.

Clarkson University encourages victims to report sexual assault and harassment incidents to appropriate University authorities. Perpetrators of sexual assault or harassment will be subject to strict disciplinary action by the University, up to and including suspension, expulsion, discipline, or termination of employment.

Violations of this policy include retaliation against a person who has made a report or filed a complaint alleging harassment, or participated as a witness in a harassment investigation; or disregarding, failing to investigate adequately, or delaying investigation of allegations of harassment, when responsibility for reporting and/or investigating harassment charges comprises part of one's supervisory duties.

To make deliberate false accusations of harassment violates this policy. In such instances, the complainant will be subject to disciplinary action. However, failure to prove a claim of harassment does not constitute proof of a false and/or malicious accusation.

Non-University visitors, guests, patrons, independent contractors, or clients who violate this policy will be subject to action in accordance with contractual agreements.

II. Policy Purpose

This policy specifically addresses acts of sexual misconduct. Sexual misconduct is a particularly grievous form of harassing behavior and is intolerable to Clarkson University.

This policy is designed to do the following:

  • reaffirm the University's commitment to providing a positive, humane environment for study and work for all regardless of gender identity or sexual orientation free from sex discrimination, harassment and sexual misconduct;
  • inform complainants and respondents of their options and rights;
  • inform all members of the University community about the procedures available for addressing, investigating, and resolving harassment complaints, including sexual harassment and misconduct complaints; and
  • protect the rights, confidentiality and privacy of all parties to complaints to the extent possible.

III. Policy Summary

Discriminatory harassment is prohibited by Clarkson. This policy prohibits harassment, sexual misconduct generally and sexual harassment, non-consensual sexual contact (or attempts to commit the same), non-consensual sexual intercourse (or attempts to commit same), and sexual exploitation specifically.

Clarkson seeks to deter the occurrence of such incidents. The University will investigate any complaints, provide both interim and long-term measures to remediate its effects, prohibit its re-occurrence, prohibit retaliation, and train its community in recognizing and handling sexual misconduct. The University will perform these responsibilities regardless of whether a criminal case is filed. The University will not interfere with an individual’s right to pursue a criminal case and will collaborate with law enforcement when needed.

IV. Policy Interpretations

Consensual Relationships: It is in the interest of the University to provide clear direction and educational opportunities to the University community regarding the professional risks associated with consensual romantic and/or sexual relationships where a definite power differential exists between the parties. The University strongly discourages such relationships. These relationships are of concern for two primary reasons:

Conflict of Interest: Conflicts of interest may arise in connection with consensual romantic and/or sexual relationships between faculty or other instructional staff and students, or between supervisors and subordinates. Consensual romantic and/or sexual relationships require, at a minimum, that appropriate arrangements be made for objective decision-making with regard to the student, subordinate, or prospective employee.

Abuse of Power Differential: Although conflict of interest issues can be resolved, in a consensual romantic and/or sexual relationship involving power differential, the potential for serious consequences remains. Individuals entering into such relationships must recognize that:

  • reasons for entering such a relationship may be a function of the power differential;
  • the individual with the power in the relationship will bear the burden of accountability; and
  • such a relationship, whether in a class or work situation, may affect the educational or employment environment for others by creating an appearance of improper, unprofessional, or discriminatory conduct.

Breach of Professional Obligation: A sexual relationship that does not constitute sexual harassment may lead to a breach of professional obligations. A breach of professional obligations, such as basing a decision that affects the evaluation, employment conditions, instruction, and/or academic status of another individual on illegitimate criteria, may result in discipline or sanctioning in accordance with the relevant collective bargaining agreement or University policies.

Supervisory Relationships: No individual who is in a position of authority over another, either in the employment or educational context, has the authority to harass others by virtue of his or her supervisory role. The University does not, in any way, expressly or by implication, condone harassment of a student or employee by a supervisor, administrator, or faculty member.

Good-Faith Reporting: This policy prohibits retaliation against a person who has made a good-faith report or participated in good-faith in any investigation of this policy. Good-faith means to provide information which is truthful to the best of the individual’s knowledge and recollection. To make deliberate false accusations violates this policy. In such instances, the
complainant will be subject to disciplinary action. However, the mere fact alone that a violation of this policy is not ultimately established does not constitute proof of a false and/or malicious accusation.

Academic Freedom: Academic freedom is essential to teaching and learning, and freedom of expression is central to the fundamental principles of a university education. Nothing in this policy shall be construed to penalize a member of the University community for expressing an opinion, theory, or idea in the process of responsible teaching and learning. Similarly, this policy is not designed to prohibit controversial speakers from being invited to campus.

Student-to-Student Supervisory Relationships: In situations where one of the students is an employee of the University and where the allegations involve a supervisory relationship between students, the Student Affairs and Human Resources will consult with respect to the handling of the complaint.

Confidentiality: Clarkson University will protect the confidentiality of complaints to the extent it reasonably can under the circumstances. However, in order to conduct an investigation, it is generally necessary to discuss the allegations with the accused and other potential witnesses. Records of complaints will be maintained confidentially and disclosed only to those with a legitimate, legal right to know.

If a complainant asks that a case not be investigated or adjudicated, the University will consider this request. However, the University may or may not discontinue its proceedings in any particular case. The University reserves the right to investigate, adjudicate, discipline and otherwise respond to any incident that comes to its attention. There need not be a victim complainant in order for the University to take responsive action, including disciplinary action.

Anonymous Reports: The University will accept anonymous reports. However, due to the nature of anonymous reports, the University’s ability to take responsive action may be limited. Please follow this link to file an anonymous report. http://www.clarkson.edu/nondiscrimination/contact.php

V. Definition of Terms

The following definitions are provided for educational and illustrative purposes. The University reserves the right to respond to, and discipline, incidents that do not rise to the level of legally actionable discrimination or harassment but which are inconsistent with the University’s equal opportunity values. Further, the University encourages individuals to report incidents that concern them even if the incidents are not particularly egregious, as early reporting often allows situations to be resolved more easily and before more serious harm occurs. The University expects only that individuals will make truthful reports in good faith; an individual is welcome to make a report even if the individual is uncertain whether the behavior violates this policy. If the situation does not invoke this policy but may invoke another policy or process, the person making the report will be directed to the more appropriate policy or process. In the event of a conflict or overlap between policies or processes, the University reserves the right to determine which policy or process will be applied.

Allegation. A statement by a complainant that an act in violation of this policy has occurred.

Coercion. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When a person makes clear that the person does not want sexual advances or activity, wants to stop previously consensual activity, or that going past a certain point of sexual interaction is unwanted, continued pressure beyond that point can be coercive.

Complainant. The person making an allegation or complaint of a violation of this policy.

Complaint. A formal notification, either orally or in writing, of the belief that a violation of this Policy has occurred.

Consent. Consent is clear, unambiguous, and voluntary agreement between participants to engage in specific sexual activity. Consent is active, not passive, and is given by clear actions or words. Consent can only be given by a person who acts freely with knowledge of the nature of the act involved. Consent may not be inferred from silence, passivity, or lack of active resistance alone. A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Being intoxicated does not diminish one’s responsibility to obtain consent. In some situations, an individual may be deemed incapable of consenting to sexual activity because of circumstances or the behavior of another, or due to their age. Examples of such situations include, but are not limited to, incompetence, impairment from alcohol and/or other drugs, fear, unconsciousness, intimidation, coercion, confinement, isolation, or mental or physical impairment. A person less than 17 years of age is incapable of consenting to any sexual activity.

Force. The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces compliance. There is no requirement that a person has to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

Harassment. The University defines harassment as verbal or physical conduct that denigrates or shows hostility toward an individual on the basis of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, and gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected by applicable law. Harassment that occurs on any of these legally protected bases is discriminatory in nature, and hence the equivalent term “discriminatory harassment”. Whether harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred.

Harassing conduct includes, but is not limited to:

  • epithets; slurs; negative stereotyping;
  • threatening, intimidating, or hostile acts that relate to race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected by applicable law ;
  • written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, military or veteran’s status, marital status or any other characteristic protected by applicable law.

Hostile Environment. Includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent and patently/objectively offensive that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.

Incapacitation. Incapacity can result from mental disability, sleep, involuntary physical restraint, or from intentional or unintentional taking of alcohol and or other drugs. An incapacitated person does not have the ability to give knowing consent. Sexual activity with a person who one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated, constitutes a violation of this policy. The perspective of a reasonable person will be the basis for determining whether one should have known about the other’s incapacity to give consent.

Intimate Partner Violence (IPV). Physical, sexual, or psychological harm by a current or former partner or spouse. Regardless of gender or sexual orientation, this type of violence can occur within a relationship, whether cohabitating or not, and does not require sexual intimacy. IPV can vary in frequency and severity, can occur on a continuum, and can include acts of physical violence, sexual violence, threats of physical or sexual violence, or psychological or emotional violence. Psychological or emotional violence is a broad term that results in trauma to a victim caused by acts, threats of acts, or coercive tactics, and can include acts of humiliation, intimidation, isolation, stalking, and harassment. This form of misconduct can fall under one or several of the prohibited categories of behavior in the policy statement.

The University considers this definition to cover dating violence and domestic violence. The term “dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

  • the length of the relationship.
  • the type of relationship.
  • the frequency of interaction between the persons involved in the relationship.

Intimidation. Implied threats or acts that cause an unreasonable fear of harm in another.

Non-Consensual Sexual Acts/Sexual Assault. Any intentional sexual touching by a person upon a person, that is without consent and/or by force. This includes, but is not limited to, intentional contact for sexual or arousal reasons with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch oneself or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice, with any object.

Non-Consensual Sexual Intercourse. Any sexual intercourse, however slight, by a person upon a person, that is without consent and/or by force. Intercourse includes, but is not limited to, vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Respondent refers to the person against whom the allegation or complaint of discrimination or harassment is made. Under this policy, respondents include employees and students of Clarkson University, vendors, contractors, guests, patrons, and other third parties participating in any Clarkson-sponsored event or program, whether on or off campus, and to such persons in other situations in which a person is acting as a member of the Clarkson community.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to the following:

  • invasion of sexual privacy;
  • prostituting another person;
  • non-consensual video or audio-taping of sexual activity;
  • going beyond the boundaries of consent;
  • observing unsuspecting individuals who are partly undressed, naked, or engaged in sexual acts;
  • knowingly transmitting a sexually transmitted infection or HIV to another person;
  • exposing one’s breasts, buttocks, groin, or genitals, in non-consensual circumstances; coercing another to expose their breasts, buttocks, groin, or genitals

Sexual Harassment is a specific form of harassment. The term refers to unwelcome conduct, based on sex or on gender stereotypes that a reasonable person would find intimidating, hostile or offensive. Sexual harassment may include, for example, exposing a person to unwanted sexually graphic conversation; an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to unwelcome sexual attention or advances; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence or sexual assault; intimate partner violence; sexual interest-based stalking, or gender-based bullying.

There are three types of Sexual Harassment:

  • QUID PRO QUO: Benefits offered or withheld as a means of coercing sexual favors.
  • HOSTILE ENVIRONMENT: Conduct that unreasonably interferes with the victim’s work/academic performance or repeatedly creates an intimidating, hostile or offensive environment.
  • RETALIATORY: retaliation against an individual or individuals for bringing a complaint or participating in a complaint.

Sexual Misconduct refers generically to the categories of sex-related behaviors prohibited by this policy, including sexual harassment, non-consensual sexual contact (or attempts to commit same), non-consensual sexual intercourse (or attempts to commit same), and sexual exploitation. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by persons of any gender or sex, and it can occur between people of the same or different sex.

Stalking is a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress. Stalking may involve following or placing another under surveillance, or repeatedly contacting another person for the purpose of harassing and intimidating the other person. The term “contact” means to make or attempt to make any communication, including, but not limited to, communication in person, by telephone, by mail, by broadcast, by computer or computer network, or by any other electronic device It does not require that an overt threat of death or bodily injury be made.

VI. Policy Procedures

VI.A Support Services and Complainants’ and Respondents’ Rights

Non-Confidential Resources

      On-Campus Non-Confidential Resources

  • Campus Safety 315-268-6666

            Responsible Administrator
            The following offices and individuals have been trained to receive and respond to allegations of violations of this policy.

            Responsible Administrators include:

  • The Title IX coordinator- Jennifer Ball, 315-268-4208
  • The Dean of Students-Stephen Newkofsky, 315-268-6620
  • Human Resources-Amy McGaheran, 315-268-3788
  • VP for Student Affairs- Kathryn Johnson, 315-268-3943
  • Deputy Title IX coordinator

If a complaint is made to anyone other than the Responsible Administrators listed above, the complainant risks the possibility that it will not come to the attention of the proper University officials and may, therefore, not be acted upon.

Off-Campus Non-Confidential Resources

  • Potsdam Police 911

Law Enforcement: Any person may call Campus Safety 268-6666 or call 911 for assistance. If you or someone else needs help, call for immediate assistance. Campus Safety can also assist the individual in making a report of a crime to local law enforcement and/or contacting a Responsible Administrator to initiate the University’s internal response mechanisms.

A victim of a crime is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the University’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or University complaint or both.

In criminal cases, the preservation of evidence is critical and must be done properly and promptly. For example, in cases of rape or other forms of sexual assault, it is important not to shower, change clothes and even brush your hair, as physical evidence may be lost. In cases of violence or physical abuse, it is important to document injuries, including by taking photographs. The police department number is 315 265-2121 or 911[emergency], and they can assist in filing a criminal complaint and in securing appropriate examination, including by a Sexual Assault Nurse Examiner. Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by a Clarkson community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender’s right to enter Clarkson’s property, and Clarkson will abide by a lawfully issued order of protection.

A victim is encouraged to seek support for his/her emotional and physical needs. A person seeking confidential emotional or medical care may contact the following resources.

Confidential Resources

On-Campus Confidential Resources

  • Counseling Services- 315-268-2327
  • Student Health Services- 315-268-6633

Individuals may wish to seek confidential counseling or support from the above resources. If you are unsure as to where to go or what to do first, contact the Counseling Services on campus at 315-268-2327. Access to University Counselors may be obtained through Campus Safety & Security or Resident Assistants after hours. Students may also contact the Student Health Services 315-268-6633. All other Clarkson University employees are not confidential resources. Please see our confidentiality policy for further explanation.

Off-campus confidential resources are:

  • Canton Potsdam Hospital; 315-265-3300
  • Reach Out; 315-265-2422

A contact with a confidential resource does not result in the filing of a report with the University for investigation, discipline, or any other remedial action.

Health Care Options (Confidential)
The University can assist you in obtaining healthcare or you may choose to contact the healthcare provider on your own.

  • Student Health Services 315-268-6633
  • Canton Potsdam Hospital; 315-265-3300
  • A report to a Confidential Resource is not a report to the University and will not result in remedial action or an investigation or disciplinary action. Any person who desires remedial action (such as a change in housing, academic or work assignments) or wishes to seek disciplinary action against the respondent must make a report to one of the Responsible Administrators, listed above.

Confidentiality Requests by Complainants

A report to a Responsible Administrator often does, but need not necessarily, lead to an investigation or disciplinary action. The decision about what action(s) to take depends on many factors, including the complainant’s wishes, particularly in cases of sexual misconduct. A complainant may make a report to a Responsible Administrator and request that the University take no investigatory or disciplinary action. Clarkson endeavors to comply with complainants’ wishes with respect to whether responsive action is taken. However, that is not always possible.

If a complainant requests that no action be taken against the accused (i.e., no investigation or disciplinary action), the Responsible Administrator will consult with the Title IX Coordinator and the other appropriate administrators (i.e., Dean of Students (students), or Human Resources. The University’s decision as to responsive action will depend on the seriousness of the offense, whether there was a single accused or multiple, whether there is reason to believe that the accused has engaged in this or similar conduct previously, whether the circumstances suggest an ongoing or future risk to the campus community or the complainant, and similar considerations. A decision will be made and shared with the complainant.

Similarly, a complainant may desire to have investigatory and/or disciplinary action taken, but may wish to have his/her identity as the complainant kept confidential. Depending on the circumstances, this may or may not be possible. For instance, if any number of people could have reported the incident, however, it may be possible for the complainant’s identity to remain confidential and not shared with the respondent. However, in other cases, it may not be possible to proceed with investigatory or disciplinary action without revealing the identity of the complainant. If a complainant requests that his/her name be kept confidential (or if the complainant makes an anonymous complaint), the University’s ability to respond to the complaint may be limited. The appropriate administrators will discuss the situation and the complainant’s request for confidentiality and a decision will be made and shared with the complainant.

Ultimately, the University retains the right to act upon any information that comes to its attention.

Interim measures may be available. Interim actions may be taken by the University to immediately respond to a situation. Interim actions may include but are not limited to no-contact orders directing the accused to have no contact with the complainant, changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the complainant in not having to interact with the accused, or other measures to enhance the complainant’s safety, such as escorts or increased monitoring of an area. The University may impose a suspension from the campus or parts of the campus, pending the outcome of an investigation and disciplinary proceeding. The University will review the facts and circumstances of each case, as well the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate.

VI.B Complaint and Investigation Process

This policy applies campus-wide and sets forth behavioral expectations for all. Any person may make a complaint that this policy has been violated. However, the applicable procedure for investigating and remedying a complaint depends on whether the accused is a student, an employee, or a non-community member. For instance, a complaint brought by a staff member against a student would be processed pursuant to the student policy; a complaint by a student against a staff member would be processed pursuant to the staff policy; a complaint by a student against another student would be processed pursuant to the student policy; and so on.

Making a complaint

A Responsible Administrator will discuss with the complainant available avenues and options. A complainant may be able to take advantage of multiple options simultaneously. Options include contacting local law enforcement (if the incident involves a crime) and/or pursuing disciplinary action against the accused and/or mediation. In situations where the complainant’s well-being requires, other options may include immediate remedial action, such as no-contact orders directing the respondent to have no contact with the complainant, changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the complainant in avoiding contact with the respondent, or other measures to enhance the complainant’s safety, such as escorts or increased monitoring of an area.

A Responsible Administrator is not a confidential resource. A Responsible Administrator will share all information reported to him/her with the Title IX Coordinator and/or, if appropriate, the Dean of Students (for cases involving students), the office of Human Resources (for cases involving staff and faculty). Non-Community member complaint investigations will be overseen by the Dean of Students.

Investigation of Complaints

Complaints will be investigated promptly. In general, investigations will be done by a designee from the Dean of Students' office if the respondent is a student, and by a representative of Human Resources, if the respondent is a faculty member or staff member.

The University through its designees reserves the right to implement interim measures as necessary for the well-being of an individual or the community prior to the conclusion of an investigation or disciplinary hearing. The University reserves the right to not proceed with a complaint if it becomes apparent that the complaint lacks merit, or if the allegations even if established would not constitute a violation of this policy. For students, examples of interim measures are listed under Disciplinary Measures VI-C Sanctions and VI-B Status of Student. Pending action on the charges, the status of a student should not be altered, or his or her right to be present on the campus and to attend classes suspended, except for reasons relating to his or her physical or emotional safety and well-being, or for reasons relating to the safety and well-being of students, faculty or University property.

For staff, examples of interim measures are listed on the Non-Discrimination website. http://www.clarkson.edu/nondiscrimination

The University endeavors to complete the investigation of a complaint within 45 days. This timeframe may be extended for compelling reasons.

In the event of a complaint against a student, the procedures set forth in the Student Code of Conduct will be followed. Complaints against an individual accepted to the University for study but not yet matriculated will be handled according to these procedures as well.

Clarkson University realizes that a victim or witness may be reluctant to make a report if he/she was engaged in a rule violation at the time of the incident. In an effort to encourage the reporting of serious violations of this policy, the University will not discipline individuals who disclose their own lesser acts of misconduct (such as drinking or minor property damage) when reporting to the University a sexual offense, an act of physical violence or a threat of violence, stalking, or domestic or dating violence pursuant to this policy. This is the University’s general rule; however, the University reserves the right to make determinations as to discipline on a case-by-case basis.

In the event of a complaint against an employee of the University, the procedures set forth in Operations Manual will be followed.

If a complaint is against someone other than a member of the University community, it will be handled by the Dean of Students Office with possible referral to the Potsdam Police Department. The University reserves the right to ban from campus any non-community member.

A violation need not be established by proof “beyond a reasonable doubt”, as would apply in a criminal proceedings. Instead, the University applies a “preponderance of the evidence” standard, meaning that it is more likely than not that a violation occurred. A complaint will result in one of two findings:

  • a determination that the policy has been violated and imposition of appropriate disciplinary and/or other remedial action; or
  • a determination that there was no violation of the policy or that a violation cannot be determined and dismissal of the complaint.

The University endeavors to complete the formal disciplinary stage of a complaint within 30 days. This timeframe may be extended for compelling reasons.

Disciplinary and Responsive Action

In all cases where there is a finding of a violation of policy, the University will take prompt and appropriate responsive action to remedy the violation and prevent further incidents. Complainants and respondents will be notified as to the outcome of the complaint.

In the case of a finding of a violation by a student, disciplinary action may include, for example, suspension, expulsion, warning, reassignment to another residence hall, restriction from residence halls, and/or no contact with the complainant.

In the case of a staff member or a faculty member, the action(s) may include, but not be limited to, counseling, a warning, suspension, reassignment, demotion, or termination of employment.

In the case of a non-community member, the action(s) may include, but not be limited to, a ban from University property.

In some cases, additional steps beyond disciplinary action may be warranted, including but not limited to changes in housing or course assignments, or changes in working locations or conditions. A student seeking changes in living or learning conditions should contact Student Affairs. An employee seeking changes in working assignment or conditions should contact Human Resources.

VII. Policy Compliance

The Affirmative Action Officer and the Title IX Officer are the individuals designated by the President to be primarily responsible for providing education and training concerning discrimination, harassment and sexual misconduct issues.

Deans, Directors, Chairs and all supervisory personnel are responsible for ensuring compliance with this policy.

Prohibition against Retaliation. It is a violation of this policy for students or employees who in good faith report what they believe to be harassment, or who cooperates in any investigation, to be subjected to retaliation. Any student or employee who believes they have been the victim of retaliation for reporting harassment or cooperating in an investigation should immediately contact the Title IX Coordinator at (315-268-4202), the Dean of Students (315-268-6620), or the Human Resources Office (315-268-6497).

Reporting University Non-Compliance with Federal Legislation

Any person with a concern about the University’s handling of a particular matter should contact the University’s Title IX Coordinator or Human Resources/Affirmative Action Office.

In addition, if an individual feels that the university is failing to comply with federal regulation they may contact the federal government directly. The U.S. Department of Education, Office for Civil Rights (OCR) is a federal agency responsible for ensuring compliance with Title IX. OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, (800) 421-3481.

VIII. Related Information

Please see our Nondiscrimination website for information on University prevention, education and training related to sexual misconduct.

http://www.clarkson.edu/nondiscrimination

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IX-O ATHLETIC PHILOSOPHY
Intercollegiate athletics, physical education, and recreational sports are a vital and traditional part of student life at Clarkson University.

The intercollegiate athletic program is planned, developed, and administered for the educational and recreational benefit of students. In addition to providing challenging opportunities for athletic competition, the program offers entertainment for students, faculty, alumni, and friends of the University, building spirit among all members of the Clarkson community. The physical education program offers students the opportunity to develop or enhance athletic skills that promote mental and physical health and provide release from classroom discipline. Recreational and intramural sports programs provide opportunities for all members of the Clarkson community to maintain fitness and health, to enjoy the comradeship of team activities and simply to have fun.

To serve the highest interests of the University and its students, staff, and faculty, the entire athletics program must function as an integral part of the educational mission of the institution. This requires that academic interests supersede athletic interests at all levels from the participation of the individual student to the general policies of the University. Explicitly:
  1. All participants in intercollegiate athletics, physical education programs, and recreational sports are expected to observe rules of fair play and reasonable standards of safe participation and to use University facilities in accordance with regulations.
  2. All participants in intercollegiate athletics must abide by NCAA rules and regulations for participation in amateur athletics. No participant in intercollegiate athletics is permitted to accept rewards, gifts or any consideration of value as a condition for or result of his or her participation. All competition must be honest and fair, prioritizing sportsmanship and ethical conduct.
  3. Student athletes must recognize the primacy of academics over athletics. Only students making satisfactory progress toward a degree may compete. Athletes must obey all general student regulations and should exemplify the highest standards of academic honesty. Because of their high visibility before the public, members of athletic teams must take care to avoid all violations of the law, especially the abuse of alcohol and controlled substances.
  4. The physical well-being of the student athlete takes precedence over the outcome of competitive matches. Coaches must be conservative in their decisions on this point and athletes themselves should exercise good judgment. The use of drugs, including steroids, to enhance athletic performance is strictly forbidden.
  5. Clarkson is committed to providing fair and equitable athletic opportunities for men and women.
  6. Hazing among team members is illegal and strictly forbidden.

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IX-P ATHLETIC POLICY
  1. An important goal of Clarkson is the development of individual capabilities through education. To that end, the undergraduate curriculum is designed to provide a diverse and increasingly demanding academic program. The physical education, recreation, and intercollegiate athletic programs shall be both an extension of the academic program and its counterpart. They will provide diverse activities on all skill levels, from physical education classes to intramural sports and intercollegiate competitions.
  2. Consistent with Clarkson's concept of preparation for lifelong learning, emphasis in physical education and recreational activities shall be placed on provision of opportunities for exposure to "carry-over" activities such as: tennis, golf, skiing, camping, swimming, etc. The recreational program will take advantage of the recreational potential of the surrounding area.
  3. A strong comprehensive program for intramural and recreational sports is essential. These sports and activities are to provide students and other members of the University community with the opportunity to participate in competitive and recreational activities in keeping with their desires, at a level commensurate with their skills.
  4. The intercollegiate athletic program for men and women shall be planned, developed, and
    administered for the educational and recreational benefit of the students. In addition to providing entertainment and other values for nonparticipating students, faculty, alumni, and friends of the University, the program will provide carefully coordinated and challenging opportunities for athletic competition to students as one aspect of their four-year educational program. The success of the intercollegiate program will be measured largely in terms of how well individual skills are gained and developed into team play.
  5. Since the coaching role is primarily a teaching one, importance will be attached to the evaluation of coaching by team members.
  6. The excellence and success of the athletics and recreation program will be measured in terms of the diversity, extent, and quality of its constituent programs and the instruction offered to large numbers of students with differing abilities and interests. The success of the program also will be measured for the participants in terms of growth in self-understanding and the pleasures of increased knowledge and skills.
  7. Scholar athletes who receive financial assistance must abide by the Code of Conduct detailed in Regulation IX-W-E.
  8. Students athletes provide advice and counsel to the Athletic Administration through the Student Athlete Advisory Committee (SAAC). This committee meets regularly during the school year.
  9. Clarkson University periodically evaluates student interest in intercollegiate sport offerings. The process of adding or deleting a sport program considers the following variables: student interest, resource availability, scheduling, coaching and athlete availability. Administratively the Athletic Director in concert with the Vice President for University Outreach and Student Affairs will recommend to the President and his Advisory Council the addition or deletion of any intercollegiate sport program.
  10. It is the intent of Clarkson's Athletic Policies to comply with all rules and regulations as promulgated by Clarkson University, the NCAA or other leagues or associations that Clarkson Athletics participates in. The Athletic Administration requires each coach to be fully and completely aware of these rules and regulations and to observe both the letter and spirit of the rules.
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IX-Q USE OF UNIVERSITY PROPERTY
University property is intended solely for use that promotes and enhances education and scholarship, and for activities supporting these missions, such as housing, catering, and recreation of students, staff, faculty members, conference participants, and guests.
  1. University property includes, but shall not be limited to, the following:
    1. The name CLARKSON UNIVERSITY, all derivatives thereof and all letterheads, stationery, logos, trademarks, and trade names incident to the business and activities of Clarkson University.
    2. All campus buildings and facilities, fixtures, utilities, and real estate.
    3. All University equipment, vehicles, furnishings, artworks, supplies, and inventory.
    4. All University computing resources, library holdings, telephone and communication systems, keys, and campus mail.
  2. Unauthorized and/or improper use of University property by any persons shall constitute cause for dismissal of and financial restitution by such person. Improper use of University property shall include, but not be limited to, the following:
    1. Use for any illegal or immoral purpose.
    2. Use that is personal in nature and not incident to or connected with the institutional mission for which the user has not received authorization from the University.
    3. Use for which the specific property is not intended or designed or which could result in damage to University property.
    4. Any use that creates a hazardous or dangerous condition posing a threat to persons or property.
    5. Use that infringes on the rights or freedoms of members of the academic community or which disrupts or obstructs the institutional mission.
    6. Use that promotes the interests of business, political, or religious organizations to the exclusion of the interests of others, similar organizations, or organizations with other points of view.
    7. Any unauthorized loan or rental of University property.
  3. Loan of University Equipment
    University equipment may not be loaned to individuals. Occasionally, at the discretion of the vice presidents or deans, or an authorized designee, it may be desirable to loan equipment to institutions or industrial companies in the interest of good public relations. In all such cases where such equipment is removed from the University premises, the vice president or dean or an authorized designee must secure a signed receipt for the equipment embodying a guarantee of its return by a specific date in good condition. It is the responsibility of the vice president or dean to see that the terms of the receipt are carried out.
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IX-R USE OF UNIVERSITY FACILITIES
  1. Scheduling of Facilities
    Facilities for regularly scheduled classes during the academic year and summer sessions are scheduled through SAS and given priority.

    Campus facilities, i.e., classrooms, auditoria, etc., used for meetings or events are reserved through the Room Reservations Office. Certain types of reservations may require prior approval before confirmation is given, depending upon the location and time of year requested.

    All arrangements by scheduling officers shall be made available to representatives for the Office of External Relations,
  2. Facilities & Services and Campus Safety & Security.

    It is expected that all events held in University facilities will be conducted in a manner appropriate to an
    academic community. All events must meet the other conditions found in Section IX-P before a reservation will be finalized.
  3. Student Organizations
    Student organizations recognized by the University and/or Student Senate may schedule campus facilities for normal academic or extracurricular activities. In instances where these student groups wish to sponsor activities with off-campus groups having related interests, they are expected to take on full sponsorship of the activities in order to avoid situations where their endorsement simply is used to enable outside groups to secure campus facilities or where they find themselves shouldering the responsibility for events which they have not run. Outside groups should be directed to the Director of University Events to coordinate campus involvement.

    Student organizations are usually not charged for the use of facilities except for unusual activities entailing special expenses or University services. See item 7 for exceptions regarding political clubs.
  4. Clarkson Affiliates
    Clarkson affiliates scheduling space for external organizations will be governed by the policy related to use by non-university groups.
  5. Non-University Groups
    The University recognizes its responsibility to the community and makes many of its facilities available to non-University, politically nonpartisan, nonprofit groups offering the community services. These groups may use the facilities on an occasional, noncontinuing basis. Charges may be incurred for use of University facilities and services.

    Requests for use of facilities by such groups should be addressed to the Director of University Events. A certificate of insurance may be required before permission is given for use. Any questions regarding eligibility or terms of use will be settled by the Office of Office of External Relations as necessary.
  6. Security Arrangements
    In the case of programs where a security problem may be involved, the organization in question has the responsibility for making security arrangements. However, if the University feels that the security arrangements are inadequate, it reserves the right to cancel the scheduled event.
  7. Admission Charge
    In order to protect the University's tax-exempt status, spectators may be charged admission only when the proceeds accrue to the support of a recognized University organization or a University-approved charitable group.
  8. Political Clubs
    The University traditionally has recognized and provided facilities on an impartial basis to various on-campus activities which have a partisan political bent, such as the Democratic, the Republican, and other political clubs. This represents no problem. However, to the extent that such organizations extend their activities beyond the campus and intervene or participate in campaigns on behalf of candidates for public office, or permit nonmembers of the University community to avail themselves of University facilities or services, the University must make certain that proper and appropriate charges are made and collected for all facilities and services provided.
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IX-S DISTRIBUTION OF INFORMATION TO THE UNIVERSITY COMMUNITY
  1. To provide for the timely and orderly dissemination of information relating to the University, the following provisions are in effect:
    1. Clarkson Calendar. Items for distribution to the entire campus community should be placed online in the Clarkson Calendar at www.clarkson.edu/calendar. The Student Life Activities calendar can be found at www.clarkson.edu/activitiescalendar.
    2. E-mail Distribution. Student clubs or groups that wish to share notice of an event with faculty and staff can ask their club advisor or other faculty/staff member to e-mail it to special_events@lists.clarkson.edu  (this is a "listserv," which only employees can access). Other e-mails for approval and distribution to faculty/staff should be e-mailed to the Director of News & Digital Content Services.
       
      The Office of the Vice President for University Outreach and Student Affairs approves all other e-mail distributions to students, but the Director of News & Digital Content Services may also approve these distributions if necessary. E-mail distributions for students should be e-mailed to the Assistant to the Vice President for University Outreach and Student Affairs. In all cases, mass announcements will only be distributed if the event/item is listed on the Clarkson Calendar (see item #1 above).
      1. Authorized Offices for direct mass e-mail communication. The Clarkson University e-mail system is used to convey urgent and time-sensitive messages. The following offices are authorized to send key strategic messages:
        • President’s Office,
        • External Relations,
        • OIT (computer/network systems announcements only),
        • Emergency Response Team.
      2. Because of the probability that this system will be used in times of emergency, campus recipients (faculty, staff, and students) may not opt out of this system's distribution list. However, it is understood that for this system to be effective, it must be used sparingly and the messages kept as brief as possible.
         
      3. Prohibited E-mail distribution. The following are prohibited from e-mail distribution:
      • Non-Career Center sponsored employer events/announcements. Those wishing to announce items like this should partner with the Career Center to utilize Knightlink capabilities.
      • Work study positions. All campus work-study positions are posted through Knightlink at: http://www.clarkson.edu/knightlink
      • Events that include gambling as a component of the event
      • Fund-raising events which are not sponsored by a University-recognized organization.
      • Partisan political event

        Paper Distribution. A paper distribution is defined as unaddressed, multiple and identical copies of a document disseminated via interoffice mail to a targeted group. In an effort to be stewards of our natural resources, Clarkson University prohibits distribution of items via paper. Personally addressed envelopes to multiple individuals do not need approval.
  2. Approval of Questionnaires, Surveys, Etc.
    All proposed questionnaires, surveys, or requests for information generated by students or student organizations, that are to be issued to Clarkson faculty, students, administrators, alumni or trustees through e-mail, the campus mail, or other means must be approved by the Office of the Vice President for University Outreach and Student Affairs subsequent to review and signatory approval by the faculty advisor or course instructor.

    Each survey prepared as part of a course requirement must open with the following disclaimer:
    “This questionnaire is part of a study to fulfill a course requirement for COURSE NAME, COURSE NUMBER, and is for instructional purposes only. It has no official University sponsorship or affiliation. Participation in this survey is voluntary. If you have questions about this survey, please contact name of course instructor .”

    Questionnaires, surveys, or requests for information that are not student generated or directed at students must be approved by the Vice President for External Relations. Surveys related to sponsored research will also be directed to the Director of Research & Technology Transfer for consideration.
    As a recipient of federal funds, the University maintains an Institutional Review Board (IRB) with the purpose of protecting the rights and welfare of humans who participate in research and is required to comply with all applicable federal regulations. If the Office of the Vice President for University Outreach and Student Affairs, the Vice President for External Relations, or the Director of Research & Technology Transfer questions the approval of the survey, questionnaire, or request for information based on ethical concerns or determines that the activity qualifies as research involving human subjects, the survey will be referred to the IRB for evaluation. IRB approval does not guarantee distribution to campus groups or University maintained lists.

    It is therefore important for students, faculty and others to submit such materials to appropriate offices in a timely manner, allowing several days for consideration as described above. If review by the IRB is warranted, a longer approval process should be anticipated.

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IX-T CULTURAL DIVERSITY POLICY          

Policy Purpose
To create an environment that promotes inclusion across the Community.

Policy Summary
Clarkson University commits itself to inviting, supporting and affirming cultural diversity on the campus. All university programs and practices, academic and co-curricular, shall be designed to create a learning environment in which cultural differences are valued.

Definition of Terms

Diversity: Equality and inclusion for all people — men and women of diverse races, ethnicities, religions, national origins, sexual orientation, abilities and skills, knowledge and ideas, socio-economic levels, life experiences and perspectives that interact with the global community

Policy Statement

The University declares its commitment to maintaining an inclusive community that recognizes and values the inherent worth and dignity of every person; fosters tolerance, sensitivity, understanding and mutual respect among its members; and encourages each individual to strive to reach his or her own potential.

All educational services and programs of the University are to be available and open to all academically qualified individuals without any discrimination on the basis of race, religion, color, sex, age, national origin or ancestry, marital status, parental status, sexual orientation, disability or status as a veteran.

Procedures

To ensure the achievement of these policy goals, Clarkson University is committed to:

  • Encouraging all organizations to have as part of their constitution and by-laws, a cultural diversity policy that states explicitly the organization’s commitment to fostering cultural diversity on campus;
  • Encouraging inclusiveness in all organizations while respecting the different needs of organizations composed of groups that have been or currently are denied equal opportunity;
  • Developing and maintaining academic/co-curricular programs and university climate that promises a responsible, civil and open exchange of ideas;
  • Educating all members of the campus community about diversity and forms of discrimination, such as racism, sexism, and homophobia;
  • Maintaining a respectful environment free from all forms of harassment, hostility and violence;
  • Recruiting and working to retain students, staff and faculty who are members of historically or otherwise under-represented groups; and
  • Providing the necessary financial and academic support to recruit and retain diverse students, faculty and staff.

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IX-U INTERNATIONAL STUDENT POLICY
Clarkson welcomes inquiries and applications from international students from a variety of cultures. To encourage the development of Clarkson as a truly international institution, Clarkson will;

  • Provide adequate services for international students—matriculated and non-degree, scholars and their dependents who hold a non-immigrant visa status
  • Foster an atmosphere in which American students, faculty and staff can take advantage of the learning opportunity provided by the international members of the Clarkson community
  • Develop the international character of all its degree programs
  1. Immigration Status
    It will be the responsibility of the international student/exchange visitor to fully comply with all federal regulations and to properly maintain lawful immigration status while in attendance at Clarkson University. Support in understanding these regulations will be offered at International Orientations and individual advising sessions through the International Students & Scholars Office.
  2. Policy Administration
    The International Students & Scholars Office will work to ensure that international students—scholars—dependents and Clarkson University comply with federal immigration laws and regulations. Further information can be found at www.clarkson.edu/isso 
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IX-V STUDENTS WITH DISABILITIES POLICY
  1. Clarkson University welcomes inquiries and applications from individuals who have disabilities. Information relating to disabling conditions is not a determining factor in admission decisions. The University strives to make all facilities and programs accessible to students with disabilities by providing reasonable and appropriate accommodations. Timely notification of any need for accommodations due to a disability is encouraged so that the Office of Accommodative Services (OAS) may provide for students in an efficient manner.

    For more information or other appropriate campus referrals, contact:

    Director of Accommodative Services
    Clarkson University
    PO Box 5645
    Potsdam, NY 13699-5635
    315-268-7643
  2. Policies and Procedures for Receiving Accommodative Services
    Students with a documented disability in need of accommodations must adhere to the following procedures:
    1. When first requesting services students participate in an intake interview with OAS staff and relevant and appropriate disability documentation is reviewed and/or requested. Once necessary information is gathered, determinations are made regarding reasonable and appropriate accommodation.
    2. For additional accommodation requests after the initial intake, another interview or additional documentation may be requested.
    3. Students must meet with OAS staff each semester they plan to use testing or classroom accommodations to receive a form that is signed by their faculty members. At that time, the student and faculty will discuss the provision of testing and classroom accommodations, including where testing accommodations would best be provided.
    4. Students sign a contract each semester regarding their understanding of the confidential information policy and their responsibilities in accessing services. When appropriate, students also sign an Ethics Agreement pertaining to exams.
    5. Students seeking Special Housing Consideration also complete an intake interview and provide relevant and appropriate documentation. If necessary, they may work with the Student Counseling and Health Center and/or Campus Dining Services to complete additional forms pertaining to their needs.
    6. Disability documentation is kept with OAS in a secure file. The student may sign a release of confidential information form to specified individuals. Throughout the process of identification, notification and accommodation, OAS adheres to their confidential information policy.
    7. If questions arise regarding the provision of accommodations, faculty and students are encouraged to negotiate a solution. OAS will intervene when necessary. It is the student's responsibility to inform OAS when accommodations are not working, need to be modified, or if there is a change in condition.
    8. Faculty and staff assistance in accommodating students with disabilities is appreciated and necessary to ensure Clarkson University is in compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, as amended in 2008.
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IX-W SMOKING POLICY

Clarkson University is committed to providing its students, faculty, staff, visitors and the general public with a smoke-free environment to protect the health, welfare and comfort for those desiring such an environment to the maximum extent possible and in full compliance with the New York Clean Air Act, Article 13E of the New York Public Health Law.
  1. Smoking is prohibited in all indoor locations including but not limited to:
    • Classrooms, lecture halls, auditoriums and libraries;
    • Laboratories, shops, computer rooms and studios;
    • Offices, meeting rooms, board rooms, and dining halls;
    • Lobbies, foyers and waiting rooms;
    • Hallways, stairwells and elevators;
    • Maintenance areas, mechanical and storage rooms;
    • Arenas, gyms and recreation centers;
    • Lounges, lodges;
    • Reception and supply areas and central locations for records, files or copying.
  2. Smoking is prohibited in all enclosed areas including but not limited to:
    • Building entrances and covered walkways;
    • Loading docks, courtyards and patios;
  3. Smoking is prohibited in the following outdoor locations:
    • Any outdoor event with seating;
    • Any area where combustible fumes can collect such as in garage and storage areas. Areas where chemicals are used and other designated areas where an occupational safety or health hazard may exist.
  4. Smoking is prohibited in all University vehicles including buses, (leased or university owned) vans, cars and trucks.
  5. Smoking is prohibited in University Housing as stipulated in 1-3 of this policy and in all common areas including:
    • Laundry rooms, cooking areas and bathrooms;
    • Recreation, study and lounge area.
  6. Smoking is prohibited no closer than 30 feet of any building or ventilation system.
Definitions
  • Smoke-Free: The establishment of an environment that is free of smoke through the prohibition of smoking.
  • Smoking: The burning of a lighted cigar, cigarette, pipe or any other tobacco product, that also includes electronic cigarettes.
Enforcement:
It is the responsibility of all administrators, faculty, staff and students to enforce this smoking policy.

Employees or students who repeatedly violate the requirements of this policy may be disciplined.

Any person who fails to comply with the requirements of this policy may be in violation of Article 13E of the New York State Public Health Law. Violations may be subject to the imposition of a civil fine in addition to University disciplinary action.

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IX-X WEAPONS ON CAMPUS
New York State penal code (Subdivision three of sections 265.01 & 265.06) states:

Persons who knowingly have in their possession a rifle, shotgun or firearm in or upon a building or the grounds used for educational purposes of any school, college or university without the written authorization of such educational institution, are guilty of a class A misdemeanor, and are guilty of a class D felony if they have previously been convicted of crime. It shall be unlawful for any person age 16 or older to knowingly possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge in or upon a building or grounds, used for educational purposes, of any school, college or university, without the written authorization of such educational institution. Unlawful possession of a weapon upon school grounds is a violation.

If a weapon is brought onto Clarkson University campus (including, but not limited to, handguns, rifles, BB/pellet guns, paint ball or similar air propelled guns, bows, hunting knives, explosives, chemicals and other dangerous hunting equipment) or is stored in a residence facility or a vehicle on campus, the responsible individual is in violation of Clarkson University's Code of Conduct and would be subject to immediate and permanent removal from the Clarkson University community.

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IX-Y FINANCIAL CLEARANCE AND FINANCIAL ASSISTANCE
  1. Financial Clearance must be concluded on or before the published due date at the beginning of the semester. Payments or arrangements to pay with SAS must be made prior to check-in. A monthly fee of 1% of the unpaid balance will be assessed as part of the billing process.
  2. Undergraduate students registered for fewer than 12 credit hours are considered part-time enrolled and will be charged per credit hour. Students enrolled for 12 but less than 20 hours are designated as full-time enrolled and will be charged full tuition. Undergraduates enrolled for 20 or more credit hours are considered full-time (overload) and will be charged full tuition plus per credit hour for each hour in excess of 19.

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IX-Z FINANCIAL AID REGULATIONS — STATE, FEDERAL AND INSTITUTIONAL

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IX-AA REFUND POLICY
All refunds will be based on the last recorded day of attendance determined by and attested to by SAS. A student who withdraws within the first 20 class days of the semester or enrollment period is eligible to receive a refund using the Refund Calculation* as follows:

The refund policy will be computed as follows, if the student withdraws from the University:

Before the start of classes 100%
Day 1 - Day 5 of classes
Day 6 - Day 10 of classes
90%
75%
Day 11 - Day 15 of classes 50%
Day 16 - Day 20 of classes
Day 21 - Day 75
25%
0%

The percentage of the enrollment period is determined by the number of weeks enrolled divided by the total number of weeks in the period (15 during the academic year).

Refunds will be applied to:
  1. Tuition, Activity Fee, Health and Recreation Fee:
    All fees are included in the refund calculations except for an administrative fee of 5% of tuition or $100 (whichever is less), which the institution may retain. There will be no refund of the student health insurance premium if coverage is in force.
  2. Board:
    Refunded on the same schedule (consumption will not be considered in refund calculation).
  3. Room:
    Refunded on the same schedule.
    All refunds will be made directly to lenders, or directly to the Title IV allocation accounts for federal loans and grants.
    This refund policy has been established in conformance with the Higher Education Act of 1992, as amended in April and November 1994 and by GEN-95-22 (Dear Colleague letter) of April 1995.

    *Refunds for "first-time students" will be calculated on a statutory pro rata basis. Contact Student Administrative Services for details and examples of both refund calculations.
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IX-BB DISBURSEMENT OF TITLE IV EXCESS CREDITS
  1. Title IV excess credits will be calculated by adding the charges for tuition, fees, room and board and then comparing the total to the sum of Title IV aid to generate the excess credit amounts.
  2. A form will be sent to students receiving Federal Title IV funds requesting authorization of the use of these funds to cover additional charges. This authorization will remain in effect as long as the student attends Clarkson University unless rescinded in writing.
  3. Clarkson will allow students to hold excess credits. Any student who desires not to have the money disbursed will need to fill out a form in the SAS office. This authorization will remain in effect as long as the student attends Clarkson University unless rescinded in writing.
  4. PLUS Loan Excess Credits: Refund is disbursed to parent borrower unless written authorization is received to disburse refund to student.

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IX-CC CLARKSON REQUIRED HEALTH INSURANCE POLICY

All students enrolled for credit must have proof of health insurance at time of registration or purchase an insurance policy through the University's contracted carrier. A sickness and accident plan is available to all students through the University at group rates. If a student is covered under a family health insurance plan, this may be substituted for the University's plan. A student must indicate coverage on the appropriate form or he or she will be automatically enrolled in Clarkson's plan and charged accordingly.

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IX-DD CLARKSON UNIVERSITY NON-DISCRIMINATION POLICY

Clarkson University does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, gender expression, national or ethnic origin, age, disability, veteran status, predisposing genetic characteristics, domestic violence victim status, marital status, parental status, ancestry, source of income, or other classes protected by law in provision of educational opportunity or employment opportunities.

Clarkson University does not discrimate on the basis of sex or disability in its educational programs and activities, pursuant to the requirements of Title IX of the Educational Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973, and the American Disabilities Act of 1990 respectively. This policy extends to employment by and admission to the University.

Inquiries concerning Section 504 and the American with Disabilities Act of 1990 should be directed to the 504/ADA Coordinator, Room 208 Clarkson Hall, Clarkson University, Box 5880, Potsdam, NY 13699-5880, (315) 268-4266.
 
Inquiries concerning Title IX, the Age Discrimination Act, or other discrimination concerns should be directed to the Executive Director of Human Resources/Affirmative Action at (315) 268-6497, Room 104 Graham Hall, Clarkson University, Box 5542, Potsdam, NY 13699-5542 and/or the Title IX Coordinator, Room 124 Snell Hall, Clarkson University, Box 5750, Potsdam, NY 13699-5750; or telephone (315) 268-4208.
 
Information on the procession of grievances and charges relating to the above policies can be obtained from the Human Resources/Affirmative Action Office.

Clarkson University is making a special effort to identify for employment opportunities and participation in its educational programs a broad spectrum of candidates including women, minorities, and people with disabilities.

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IX-EE Crime Statistic Reporting

Clarkson University's Advisory Committee on Campus Safety will provide upon request all campus crime statistics are reported to the United States Department of Education. Contact the Director of Campus Safety, 315-268-6666, visit www.clarkson.edu/campussafety, or http://ope.ed.gov/security/index.aspx, or http://securityoncampus.org/.

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IX-FF Credit Card Marketing Policy

  1. Prohibition. The advertising, marketing, or merchandising of credit cards to students on the campus of Clarkson University is strictly prohibited, except as provided in paragraphs 3 and 4.
  2. Penalty. Any individual visitor, licensee, or invitee on said campus found violating this policy shall be banned from the campus for a period of two years and any credit card issuer represented by said visitor, licensee, or invitee shall be banned from the campus for a period of one year. Any student, faculty, or other staff found violating this policy shall receive a warning and be prohibited from any and all future credit card marketing on the campus.
  3. Restrictions. The following restrictions shall be imposed on any individual wishing to advertise, market, or merchandise credit cards, hereinafter referred to as “marketer,” on the campus of Clarkson University:
    1. The marketer shall register with the office of the Vice President for University Outreach and Student Affairs and receive express written authorization to be on campus property for the purpose of advertising, marketing, or merchandising of credit cards.
    2. The marketer shall be restricted to the following locations: Cheel Campus Center and/or Clarkson University Student Center.
    3. The marketer shall be restricted to the following hours: 9 a.m. – 4 p.m. — Monday through Friday.
    4. There shall be no posting of flyers, posters, or other forms of information on any college property for the purpose of advertising, marketing, or merchandising of credit cards, except on the day the marketer is on the campus, provided that it is limited to the immediate vicinity where the marketer has permission to operate. 
    5. There shall be no inducement or gifts provided to the student in exchange for completing a credit card application.
    6. The marketer shall provide to each student applying for a credit card a pamphlet provided to the marketer by the Office of the Vice President for University Outreach and Student Affairs that provides students with information about good credit management practices, including how to access any information or services provided by the New York State Consumer Protection Board.

Exemptions. This policy does not apply to any advertising, marketing, or merchandising of credit cards by either the university or an agent of the university to non-students, nor does it prohibit the advertising, marketing, or merchandising of credit cards to students through direct mail, newspapers, magazines, or within any banking institution located on the campus.

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IX-GG    POSTER POLICY

Clarkson Policy on Campus Posting
Once a club or organization is recognized by CUSA or a college department it then has the right to post information on meetings and events. Guidelines for campus posting include:

Guidelines for Bulletin Board Posting
A number of bulletin boards are available throughout campus for marketing and advertising University events and club information. In order to allow space for groups to advertise their events, the college asks that promotions are limited to one flyer/poster per bulletin board. Posters and flyers should not be posted in a manner that covers or obstructs another organization's promotion.

In an effort to keep the campus neat in appearance and to keep mass advertising to a reasonable amount per event, please observe the following rules.

Advertisement posting by any organization recognized by Clarkson as well as employees of the college for college business (Eg. CUSA recognized organizations, Greek organizations, clubs affiliated with an academic department, any faculty/staff office or individual representing college business etc.)

1.  All advertisement must include the name of the individual or recognized sponsoring group.
2.  All advertisements must be removed within two school days/48 hours after the event.
3.  The maintenance and neatness of the material is the responsibility of the individual or sponsoring group.
4.  Paper advertisements are not permitted on windows, in or on elevators, floors, signposts, parked cars, bus shelters, vending machines, building exteriors, or any other surface which violates fire code.
5.  Posters may not be posted on department, faculty or staff office bulletin boards without the permission of the department, faculty or staff member.
6.  Advertisements cannot be larger than 24" X 33" without the approval of the Associate Dean of Student Organizations and Student Center.
7.  Postings in residence halls are at the discretion of the residence hall staff.
8.  Unrecognized clubs wishing to form can receive club posting permission for a two weeks status to recruit members either by the Associate Dean of Students for Student Organizations or by the CUSA Public Affairs Director.

Advertisement Posting for Non-college Related Business

1.  All requests for the posting of material must be made to and approved by Associate Dean of Student Organizations and Student Center located in the CUSA Suite.
2.  No more than three flyers per event, per building and, or ten flyers for the entire campus will be allowed for all-campus advertisements.
3.  Materials which are not stamped by the Associate Dean of Students will be removed.
4.  All advertisements must be removed within three weeks after they have been approved/and or 24 hours after the event, whichever comes first.
5.  Advertisements cannot be larger than 8.5" X 11".
6.  The maintenance and neatness of the material is the responsibility of the individual or organization sponsoring the event.
7.  Paper advertisements are not permitted on windows, and walkways, in or on elevators, on cement columns, floors, signposts, parked cars, bus shelters, vending machines, building exteriors, or any other surface which violates fire code. Posters may not be posted on department, faculty or staff office bulletin boards without the permission of the faculty or staff member.
8.  Non-college related postings in the residence halls are at the discretion of the residence hall staff even after they are approved by the Associate Dean of Students for campus posting.

Materials posted without compliance with the preceding rules will be removed immediately.

The Dean of Students office reserves the right to establish and enforce reasonable guidelines in relation to the time, place, and method of distribution of advertisements on campus.

Offensive Posters:

Persons taking offense to the language or nature of any poster, flyer or banner are encouraged to contact the event organizers. It is not the intent or responsibility of the Dean of Students office to censor information, but to verify that the poster/flyer promotes a legitimate campus event.

Cheel Campus Center and Student Center Banner Guidelines:

Banners from recognized organizations may be hung from the balcony wall of the Cheel Campus Center and Student Center with the approval from the Associate Dean of Students for Student Organizations and Student Center. Painted banners must be thoroughly dry before they are hung. Due to the limited amount of available wall surface, a limit of one banner per group will be enforced. Banners will be limited to a one month time period if spaces are filled.

POSTING POLICY REGARDING EVENTS WITH ALCOHOL

  • Promotion materials must neither encourage any form of alcohol abuse nor make reference to the amount of alcoholic beverage (such as the number    of beer kegs available or expressions like "all you can drink").
  • Alcohol beverages (such as kegs or cases of beer) must not be provided as free awards;
  • No promotional activities shall include drinking contests or games;
  • Postings must not portray drinking as a solution to personal or academic problems of students or as necessary to social successes;
  • All events sponsored by on-campus entities involving alcohol need approval for posting from the Alcohol Review Committee (ARC);
  • A copy of the proposed flyer must be submitted to the ARC;
  • The ARC will determine approval of the posting. Appeals to the decision process may be made to the Dean of Students;

If approval is granted, a maximum of 20 flyers or posters will be approved for posting (stamped) for a two week period.

Any questions about posting policies can be directed to the Associate Dean of Students for Student Organizations or the Dean of Students.

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IX-HH    STUDENT TRAVEL POLICY STATEMENT

Clarkson University seeks to promote safe travel to events and activities occurring beyond the boundaries of University property by students and recognized student organizations. As such, this Policy applies to individual student and recognized student organization travel both in cases where the travel is sponsored by Clarkson University's Student Association (CUSA) and/or the Division of University Outreach and Student Affairs (UOSA). Examples of activities and events that fall under this Policy include, but are not limited to: UOSA or CUSA sponsored field trips, club sports trips, the activities of recognized student organizations, Student Association funded community service travel, and in situations where a student or recognized student organization officially represents the University, e.g., leadership academies, conferences, and other programs.

Any student who plans to partake in travel sponsored by and representing the University is required to fill out a Student Travel waiver on annual basis for each organization or department he/she will be traveling for. The travel waiver should be kept on file in the CUSA office and a copy of the form should also be provided to the trip leader. Travel waivers are available in the Student Organization Office, Room 120 in the Student Center.

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