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Article 129-A Written Rules

Rules for the Maintenance of Public Order

The College, while recognizing the right of an individual to the freedom of speech and peaceful assembly, is committed to defend the right of each member of the College community to carry out his or her assigned duties and responsibilities without interference. Accordingly, the following activities shall not be permitted.

• Use or threat of force or violence against any person, the damaging or theft of College property or equipment, the prevention of the normal use or occupancy of any College facility, or the disruption of normal College operations;
• Unauthorized occupation of College facilities or interference with their lawful use including the blocking of access to or from such areas, entering of any private room or area without permission, or presence in or use of any College facility during the hours when such facility is officially closed and special permission has not been granted;
• Disorderly or indecent conduct on College property or at College events;
• Engaging in any action or situation that recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs;
• Unauthorized possession or use of firearms of any nature, dangerous weapons, or explosives on campus;
• Illegal possession, use, or exchange of any illicit drug; and
• Failure to comply with lawful directives issued by College representatives when they are acting in their official capacities.

The College reserves the right to require evidence of any individual’s qualification to use or be in or on any College facility or grounds and to deny use thereof to anyone who is not a member of the Fei Tian community, or to eject anyone therefrom who is not complying with these rules.

1–1. Enforcement

The above rules shall govern the conduct of students, faculty and instructors, and staff as well as visitors and other licensees and invitees on the College campus. The President or designee shall have the authority and responsibility to take necessary steps to enforce these rules.

The President shall have the authority to restrict the campus activities of any such person if in her determination it is necessary to prevent further violations of these rules.

In case of a violation of these rules by a person not a member of the Fei Tian community, the cognizant officer of the College may refer the matter to local civil authorities for appropriate action including ejection from the campus, prosecution under appropriate state and local laws, or both.

Any student, faculty member or instructor, staff, or officer is asked to immediately report to Security or Operations and Student Affairs any incidents on campus that may constitute a crime, violations of the above rules, physical injury, or an emergency so that they may be handled in a prompt and consistent manner.

In the case that the President of the College determines that the normal College procedures are inadequate for maintaining order on campus, he/she may request local civil authorities to deal with the situation.

1–2. Penalties

Any individual who is found to have violated these rules may be subject to immediate ejection from College property. In addition, any member of the Fei Tian community who is found to have violated these rules may be subject to suspension, expulsion or termination, or such other appropriate disciplinary action in accordance with College policies. Any organization that authorizes any violation of these rules may be subject to the rescission of said organization’s permission to operate on the College campus.

The penalties described herein shall be in addition to any criminal or civil penalty pursuant to any penal or other law to which the violator or organization may be subject.

The College has established complaint and grievance resolution processes.

Advisory Committee on Campus Security

While the College is not required to form an advisory committee on campus security due to not receiving state aid at the present time, it requests that representatives from Security and Student Affairs annually review and advise on the following:

• educating the campus community about sexual misconduct;
• educating the campus community about personal safety and crime prevention;
• reporting sexual misconduct and assisting victims during investigations;
• referring complaints to appropriate authorities;
• counseling victims; and
• responding to inquiries from concerned persons.   

3. Sexual Assault, Domestic Violence, and Stalking Prevention Information

The College is committed to providing an environment that is free from violence and sexual misconduct. Student Affairs prepares annual orientation sessions and materials for students on sexual offense prevention measures and topics including:

• the applicable laws, ordinances, and regulations relating to such offenses;
• the penalties for the commission of a sexual offense;
• the procedures in effect at the College for dealing with such offenses;
• the availability of counseling and other support services for the victims of such offenses;
• the nature of and common circumstances relating to sexual offenses, on College property; and
• the methods the College employs to advise and to update students about security procedures.

Campus Crime Reporting and Statistics

The College does not receive state aid or federal aid at the present time, so it has not filed campus crime statistics with the U.S. Department of Education pursuant to Title 20 of the U.S. Code at Section 1092(f).

Investigation of Violent Felony Offenses

Security shall adopt and implement a plan providing for the investigation of any violent felony offense occurring at or on the grounds of the College and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans may include, but shall not be limited to, written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports. As used in this section, the following terms shall have the following meanings:     

• “Local law enforcement agencies” means any agency or agencies employing peace officers or police officers for the enforcement of the laws of the state, and which has or have jurisdiction under provisions of the criminal procedure law over offenses occurring at or on the grounds of any institution subject to the provisions of this section.
• “Missing student” means any student of an institution subject to the provisions of this section, who resides in a facility owned or operated by the College and who is reported to such institution as missing from his or her residence.
• “Violent felony offense” means a violent felony offense as defined in subdivision one of section 70.02 of the penal law.

Appointment of Private College Security Officers

The College utilizes a team of security guards for its campuses.

Bias Related Crime Prevention Information

Student Affairs prepares annual orientation sessions and materials for students on bias-related crime prevention measures and information including:   

• applicable laws on bias-related crime, including the provisions and coverage of the Hate Crimes Act of 2000 codified in Article 485 of the Penal Law;
• the penalties for commission of bias related crimes;
• the procedures in effect at the College for dealing with bias-related crime;
• the availability of counseling and other support services for the victims of bias-related crime;
• the nature of and common circumstances relating to bias-related crime at the College; and
• the methods the College employs to advise and to update students about security procedures.

Prohibition on the Marketing of Credit Cards

The College prohibits the advertising, marketing, or merchandising of credit cards to students by vendors on College owned, operated, or controlled property and at any College-sponsored event without prior approval.

Notification of Fire Safety Standards and Measures in All College-Owned or College-Operated Housing

Operations shall provide written notification to students residing in College-owned or operated housing describing the residential fire safety system. Students are also notified to contact Student Affairs to access the campus fire safety report, pursuant to Title 20 of the U.S. Code at Section 1092(i).

Reason for This Policy

Article 129-A of the NYS Education Law requires all colleges and universities to develop and administer written rules regarding conduct on campus and other college property.

Related Documents

• NYS Education Law §§ 6430 – 6438 (Article 129-A)

Article 129-B Policies

Section 6441 Definition of Affirmative Consent Policy

The College hereby adopts the following definition of affirmative consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

Furthermore, the College adopts the following principles for its community:

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Consent may be initially given but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• When consent is withdrawn or can no longer be given, sexual activity must stop.

2. Section 6442 Alcohol and/or Drug Use Amnesty Policy

The health and safety of every student at the College is of utmost importance. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to the College’s officials or law enforcement will not be subject to a College code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

Section 6443 Students' Bill of Rights Policy

The College is committed to providing options, support, and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad.

All students have the right to:

• Make a report to Security, local law enforcement, and/or state police;
• Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
• Make a decision about whether or not to disclose a crime or violation and participate in the conduct process and/or criminal justice process free from pressure by the College;
• Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
• Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services, where available;
  • Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  • Describe the incident to as few College representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  • Be protected from retaliation by the College, any student, the accused, and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of the College;
  • Access to at least one level of appeal of a determination;
  • Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and

Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of the College

Section 6444 Sexual Violence Response Policy

In accordance with the Students' Bill of Rights, reporting individuals shall have the right to pursue more than one of the options below at the same time, or to choose not to participate in any of the options below:

4–1. Reporting

• Notify Security, local law enforcement, and/or state police;
• Have emergency access to an appropriate official who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding options to proceed. Such official shall also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and shall inform the reporting individual of other reporting options;
• Disclose confidentially the incident to College representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals;
• File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult an appropriate College representative for information and assistance. Reports shall be investigated in accordance with College policy and a reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy; and
• Withdraw a complaint or involvement from the College process at any time.
• At the first instance of disclosure by a reporting individual to an College representative, the following information shall be presented to the reporting individual: You have the right to make a report to Security, local law enforcement, and/or state police or choose not to report; to report the incident to your College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from your College.

4–2. Resources

To obtain effective intervention services, reporting individuals shall have information about resources, including intervention, mental health counseling, and medical services, which shall include information on whether such resources are available at no cost or for a fee. The College shall also provide information on sexually transmitted infections, sexual assault forensic examinations, and resources available through the New York state office of victim services, established pursuant to Section 622 of the Executive Law.

4–3. Protection and Accommodations

• When the accused is a student, to have the College issue a “No Contact Order,” meaning if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person. Both the accused/respondent and reporting individual may request a prompt review of the need for and terms of a No Contact Order, including requests to modify the terms of or discontinue the order. Parties may submit evidence in support of their request.
• To be assisted by the College’s police or security forces, if applicable, or other officials in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order;
• To receive a copy of the order of protection or equivalent when received by an College and have an opportunity to meet or speak with an College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person or persons;
• To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension;
• To receive assistance from Security in effecting an arrest when an individual violates an order of protection or, if Security does not possess arresting powers, then to call on and assist local law enforcement in effecting an arrest for violating such an order, provided that nothing in this article shall limit current law enforcement jurisdiction and procedures;
• When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process. Parties may request a prompt review of the need for and terms of an interim suspension;
• When the accused is not a student but is a member of the College’s community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable employee handbook and rules and policies of the College;
• To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to help ensure safety, prevent retaliation and avoid an ongoing hostile environment, consistent with the College’s policies. Both the accused or respondent and the reporting individual shall, upon request and consistent with the College’s policies, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, and shall be allowed to submit evidence in support of his or her request.

4–4. Student Conduct Process

Every student is afforded the following rights:

• The right to request that student conduct charges be initiated against the accused in a disciplinary process governed by this article and College and campus policies.
• Throughout the disciplinary process, the respondent and reporting individual will have:
  • The same opportunity to be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent.
  • The right to a prompt response to any violation report and to have any report of sexual misconduct investigated.
  • The right to an investigation and process that is fair, impartial and provides a meaningful opportunity to be heard, and that is not conducted by individuals with a conflict of interest.
  • The right to have the College’s conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence.
  • The right to review and present available evidence in the case file, or otherwise in the possession or control of the College, and relevant to the conduct case, consistent with College policies.
  • The right to exclude their own prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis and/or treatment from admittance in the College disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.
  • The right to receive written or electronic notice, provided in advance pursuant to College policy and reasonable under the circumstances, of any meeting they are required to or are eligible to attend, of the specific rule, rules or laws alleged to have been violated and in what manner, and the sanction or sanctions that may be imposed on the respondent based upon the outcome of the conduct process, at which time the designated hearing or investigatory officer or panel shall provide a written statement detailing the factual findings supporting the determination and the rationale for the sanction imposed.
  • The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
  • The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct process, including the sanction.
  • The right to be informed of the sanction or sanctions that may be imposed on the respondent based upon the outcome of the conduct process and the rationale for the actual sanction imposed.
  • The right to choose whether to disclose or discuss the outcome of a conduct process.
  • The right to have all information obtained during the conduct process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

Section 6445 Campus Climate Assessment Policy

The College administers a climate survey and assessment to be conducted every other year that ascertains general awareness and knowledge of reporting and College conduct processes for sexual harassment, sexual violence, and other related offenses. The survey addresses, at a minimum, student and employee knowledge about: College and campus policies addressing sexual misconduct; how and where to report offenses; and the availability of student services such as counseling.

The College shall take steps to ensure that answers to such assessments remain anonymous and that no individual is identified, including when it publishes the survey results.

Section 6446 Options for Confidential Disclosure Policy

Individuals may wish to consult with College staff about something they observed or experienced, even if they are not sure that the behavior constitutes sexual violence. Confidentiality varies, and this document is aimed at helping students understand how confidentiality applies to different resources that may be available to them.

• Individuals who are confidential resources will not report crimes to law enforcement or College officials without your permission, except as required by law.
• College staff who cannot guarantee confidentiality will maintain your privacy to the greatest extent. The information you provide to a non-confidential resource will be relayed only as necessary to investigate the matter.
• If you disclose an incident to College staff who is responsible for responding to or reporting sexual violence or sexual harassment, but wish to maintain confidentiality or do not consent to the College’s request to initiate an investigation, the staff shall weigh your request against the risk of harm to you or other members of the College community. Factors to determine whether to proceed shall include: whether the accused has a history of violent behavior or is a repeat offender; whether the incident represents escalation; the increased risk that the accused will commit additional acts of violence; and whether there are other means to obtain evidence. If the College determines that it must move forward with an investigation, the reporting individual or victim/survivor will be notified and the College will take immediate action as necessary to protect and assist them.
• If an individual reports a situation through a public event, the College is not obligated to begin an investigation.
• Reports of any crimes shall be included in the College’s security report in an anonymized manner that neither identifies the specifics of the crime or the identity of the reporting individual or victim/survivor.

Section 6447 Student Onboarding and Ongoing Education Policy

The College shall educate all new and current students using a variety of best practices aimed at educating the entire college community in a way that decreases violence and maintaining a culture where sexual assault and acts of violence are not tolerated.

New students will receive information on the following topics:

• Code of Student Conduct and types of prohibited conduct subject to disciplinary action, such as: sexual harassment, sexual violence, domestic violence, dating violence, stalking, and other violence or threats of violence;
• Resources available to any victims/survivors of such violence, including services provided at Student Affairs;
• Article 129-B policies and important terms; and
• Potential sanctions to individuals for committing such offenses.

Methods of training and educating students may include but are not limited to: website disclosures; online trainings; assemblies; and print materials.

Section 6448 Privacy in Legal Challenges Policy

Pursuant to subdivision (i) of rule three thousand sixteen of the civil practice law and rules, in any proceeding brought against the College which seeks to vacate or modify a finding that a student was responsible for violating the College’s rules regarding a violation covered by this article, the name and identifying biographical information of any student shall be presumptively confidential and shall not be included in the pleadings and other papers from such proceeding absent a waiver or cause shown as determined by the court. Such witnesses shall be identified only as numbered witnesses. If such a name or identifying biographical information appears in a pleading or paper filed in such a proceeding, the court, absent such a waiver or cause shown, shall direct the clerk of the court to redact such name and identifying biographical information and so advise the parties.

The campus must make a notation on the transcripts of students found responsible for crimes of violence. The notations are for suspension, expulsion, or withdrawal with charges pending.

Additional Article 129-B Policies

9–1. Policy for review of no contact order. Both the accused or respondent and the reporting individual shall, upon request and consistent with College policies, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of the request.

9–2. Policy for review of an interim suspension. Both the accused or respondent and the reporting individual shall, upon request and consistent with College policies, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of the request.

9–3. Policy for review of interim measures/accommodations. Both the accused or respondent and the reporting individual shall, upon request and consistent with College policies, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects the accused or respondent, and shall be allowed to submit evidence in support of the request.

9–4. Policy for transcript notations and appeals. For crimes of violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), the College shall make the following type of notation on the academic transcript of any student found responsible through the internal conduct process: “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.”

For a respondent who withdraws from the College while such conduct charges are pending, and declines to complete the conduct process, the College shall make the following type of notation on the transcript of any such student: “withdrew with conduct charges pending.”

The respondent may appeal removal of such transcript notation. However, such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

9–5. Policy on how parties can review the case file/evidence. Every student shall be afforded the right, throughout internal conduct proceedings involving an accusation of sexual misconduct, to review and present evidence that is relevant to the case, consistent with College policies.

Reason for This Policy

Article 129-B of the NYS Education Law requires all colleges and universities to implement policies regarding sexual assault, dating violence, domestic violence, and stalking prevention and response.

Definitions

“Accused” shall mean a person accused of a violation who has not yet entered the College’s conduct process.

“Bystander” shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of College or campus policies.

“Confidentiality” may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a).

“Sexual misconduct,” for purposes of this policy and the College Code of Student Conduct shall include all forms of sexual and related misconduct, including dating violence, sexual assault, domestic violence, and stalking.

“Privacy” may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate College officials.

“Reporting individual” shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by the College to reference an individual who brings forth a report of a violation.

“Respondent” shall mean a person accused of a violation who has entered the College’s conduct process.

“Sexual activity” shall have the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).

Related Documents

• NYS Education Law §§ 6439 – 6449 (Article 129-B)

Non-tolerance of Violence on Campus

Fei Tian College will not tolerate violence or threats of violence on the College premises. Employees and students who violate this policy may be subject to disciplinary action up to and including termination or expulsion. Employees and students who intentionally bring false charges of violence will also be subject to disciplinary action up to and including termination or expulsion. Non-employee violations of this policy will be handled in accordance with applicable laws.

Acts of violence include any physical action, whether intentional or reckless, that harms or threatens the safety of another individual in the workplace. A threat of violence includes any behavior that by its very nature could be interpreted by a reasonable person as an intent to cause physical harm to another individual.

Smoking, Alcoholic Beverages, Drugs, and Weapons

Smoking anywhere on the College premises is prohibited. Alcohol is not permitted anywhere on the College premises.

It is the policy of the College to maintain a drug-free workplace and campus. The unlawful manufacture, distribution, dispensation, possession, and/or use of controlled substances are prohibited on the College premises, in the workplace, or as part of any of the College’s activities.

No person, whether a student, personnel, or visitor, shall possess or carry a weapon while on the College premises, except with special approval of the President.

Anti-harassment

Fei Tian College is committed to maintaining an environment of learning and working that is free of prejudice and harassment—an environment that supports, nurtures, and rewards career and educational advancement on the basis of ability and performance.

Harassment based upon race, sex, color, religion, age, national origin, ethnicity, disability, veteran or military status, marital status, citizenship status, or any other legally protected basis is prohibited by law and undermines the character and purpose of the College. Such harassment is illegal and against College policy and will not be tolerated. This policy covers all members of the College community and those who affect the College community, such as vendors and visitors.

Non-retaliation

The College prohibits retaliation against anyone who, in good faith, participates in: reporting or otherwise expressing opposition to, suspected or alleged misconduct; filing a complaint or grievance pursuant to the internal complaint resolution procedures; any process designed to review or investigate suspected or alleged misconduct; or enforcing this policy.

Reports of retaliation are reviewed, investigated, and resolved in the same manner in which other concerns of misconduct are handled. Individuals who engage in retaliation may be subject to disciplinary action up to and including termination from work or expulsion.

The purpose of this policy is to protect from retaliation any person who participates in the good faith disclosure to College officials of suspected or alleged misconduct engaged in by a member of the College community.

This policy applies to all members of the College community.