Policy Glossary

President, Provost and Vice President for Academic Affairs, Vice President for Finance and Administration, Vice President for College Advancement, Vice President for Student and Campus Life, Vice President for Enrollment Management, Chief Communications and Marketing Officer, Chief Diversity Officer, and the Chief of Staff.

Defined as any of the following:

• The establishment of, or attempt to establish, temporary or permanent living quarters at any location on College property other than residence halls, apartments, or other college-managed housing; for the purpose of this definition, “living quarters” includes living rooms, bedrooms, or other spaces that are capable of being occupied as the equivalent of a residence or accommodation;
• Sleeping outdoors between the hours of 10:00 p.m. and 8:00 a.m.;
• Establishing or maintaining outdoors, or in or under any structure not designated for human occupancy, at any time during the day or night, a temporary or permanent place for cooking, storing of personal belongings, or sleeping by setting up any bedding, sleeping bag, mattress, tent, or other sleeping equipment, or by setting up any cooking equipment that has not been authorized according to the Department of Environmental Health and Safety.

Defined as faculty or staff members currently employed by SUNY Geneseo; and students currently enrolled in SUNY Geneseo.

An individual under the age of seventeen years, who is participating in a Covered Activity. The term “child” shall not include a matriculated student of the College or a person accepted for matriculation. For purposes of this policy, “matriculation” means accepted by the University as a student into a college course that is listed in the college catalog. 

A camp defined under New York Public Health Law §1392.

means the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution.

College is defined as the State University of New York, College at Geneseo.

Defined as any college or affiliated entity owned, operated, and/or leased property.

 For purposes of the Tobacco-Free Campus Policy includes but is not limited to all buildings and associated structures (external stairwells, walkways, balconies, etc.), grounds, sidewalks, roadways, walkways, and parking lots.

Policies affecting all departments, faculty, staff, students, and visitors to the College.

Defined as all vehicles owned, operated, leased, occupied, or controlled by SUNY Geneseo. For purposes of the Tobacco-Free Campus Policy, this includes but is not limited to all vehicles used for college services.

The Research Foundation for the State University of New York, campus foundation, campus auxiliary services corporation, or any other entity so designated by the Chancellor or Campus President. 

An individual’s skin pigmentation, complexion, shade, or tone.

For Title IX Policy effective August 14, 2020 until July 31, 2024 and after August 29, 2024 to current, the definition of complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

For Title IX Policy effective August 1, 2024 to August 28, 2024 the definition means:  

(1) a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment as defined in these procedures and who was participating or attempting to participate in SUNY Geneseo’s Education Program or Activity; or 

(2) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under this grievance procedure and who was participating or attempting to participate in SUNY Geneseo’s Education Program or Activity at the time of the alleged Sex-Based Harassment.

*A Complainant may also be referred to as a Reporting Individual in this Grievance Procedure, in alignment with New York State Education Law Article 129-B.

means an oral or written request to SUNY Geneseo that objectively can be understood as a request for SUNY Geneseo to investigate and make a determination about alleged Sex-Based Harassment at the institution.

Computing resources refer to computing technology owned, leased, operated, and managed by the College, including but not limited to software, electronic mail systems, web hosting, applications, storage media, databases, and Internet connectivity. Also included are physical resources such as College-owned, -leased, -operated, or -managed computers, network cabling, wireless access points, computer workstations, kiosks, card swipes, printers/copiers, audio-visual equipment, telephone/fax equipment, classroom equipment, or wiring closets. Further, computing resources encompass all college voice and data networks, telephone systems, telecommunications infrastructure, communications systems and services, and physical facilities.

means: 

1. an employee of SUNY Geneseo whose communications are privileged under Federal or State law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; 
2. an employee of SUNY Geneseo whom the recipient has designated as confidential for the purpose of providing services to persons related to Sex-Based Harassment. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about Sex-Based Harassment in connection with providing those services; or 
3. an employee of SUNY Geneseo who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about Sex-Based Harassment. The employee’s confidential status is only with respect to information received while conducting the study.

For the purposes of this Title IX Grievance Policy effective August 14, 2020 until July 31, 2024 and after August 29, 2024 to current,, “consent” means: a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.

·   Consent 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.

For Title IX Policy effective August 1, 2024 to August 28, 2024 the definition means a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate Consent. The definition of Consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. Consent 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. Incapacitation 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. For the purposes of these Procedures, minors who cannot consent under New York State’s laws covering age of consent are considered incapacitated for the purposes of these procedures.  “Consent” and “affirmative consent” may be used interchangeably under this Grievance Procedure.

A program or activity sponsored or approved by the College or a College-affiliated organization, or an activity conducted by a vendor, licensee or permittee for which a license or permit for use of College facilities has been approved, occurring on or off campus, for the duration of which the responsibility for custody, control and supervision of children is vested in the College, College-affiliated organization or the vendor, licensee or permittee so approved. This policy is not applicable to College oncampus child care centers.

A person who is responsible for the custody, control or supervision of children participating in the Covered Activity and who is:

i. an employee of the College or College-affiliated organization;

ii. a College student;

iii. a volunteer of the College or College-affiliated organization; or

iv. a vendor, licensee, permittee or other person, who is given permission to come onto campus or to use College facilities for Covered Activities; or

v. an employee, agent or volunteer of (iv) above.

For the purposes of this Title IX Grievance Policy effective August 14, 2020 until July 31, 2024 and after August 29, 2024 to current, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of New York State.
6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Note that conduct that does not meet one or more of these criteria may still be prohibited under the SUNY Geneseo Student Code of Conduct or applicable employment policies.