Policy Glossary

A person who perpetrates a pattern of coercive tactics which can include physical, psychological, sexual, economic, and emotional abuse against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim

Academic Department Organizations are defined as student groups that are formed, sponsored by Academic departments, in the pursuit of research and academic endeavors, and are not considered long-term student organizations

Academic Policies are policies concerning the pedagogical and pre-award research mission of the institution, and are under the purview of the Provost and Vice President for Academic Affairs, who may consult with the College Senate as appropriate.

Able to be used by all individuals, including individuals with disabilities, with or without assistive technology.

An unintended occurrence that results in injuries, illnesses, or property damage.

means a person accused of a violation who has not yet entered an institution’s judicial or conduct process.

non-academic policies governing the operations of the College, issued from areas within, Communications and Marketing, Computing and Information Technology, Finance and Administration, Human Resources, Office of Diversity and Equity, and Student and Campus Life.

means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an Education Program or Activity operated by SUNY Geneseo.

Aerospace is the human effort in science, engineering, and business to fly in the atmosphere of Earth (aeronautics) and surrounding space (astronautics).

An individual’s development measured in the years they have lived.

A device that is capable of firing a metallic projectile by means of compressed gases or spring.

Also known as “alt text,” a word or phrase that can be inserted into an HTML document that tells viewers the nature or content of an image.

Web content that: (1) is maintained exclusively for reference, research, or recordkeeping; (2) is not altered or updated after the date of archiving; and (3) is organized and stored in a dedicated area or areas clearly identified as being archived.

Any software or hardware that allows access to information technology for individuals with disabilities. Examples include special input devices (e.g., head or foot mouse, speech recognition), screen-reading software, and screen magnifiers.

defined as direct or indirect contact, whether that contact is on or off campus.

A badge is a digital artifact issued by the college to document the fact that the badge holder has completed an activity or program. Badges can document a number of different types of activities, ranging from relatively low-stakes efforts such as attendance or participation at a workshop or event (“Attendance Badges”) to more intensive efforts such as completion of a cluster of courses or a major project (“Competency Badges”). Competency Badges include meta-data on the evidence of learning and links to evaluation criteria. The term “badge” only references the documenting artifact and implies nothing about the nature or intensity of the experience. At Geneseo, we currently use the digital platform Credly to issue badges. Badge recipients may share their badges through online platforms such as LinkedIn.

means a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of the rules or policies of an institution.

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.

Policies governing the operations of a particular department or School and no other members of the institution.

When a person leaves their work station and walks about their office space, enters a hallway, transverses a building or goes outside and has the potential to come within six feet of another person.

Direct costs are defined as all fees associated with having an event or program in College facilities, or supported by College services.

An individual with, regarded as having, or having record of a physical or mental impairment that substantially limits one or more major life activities.

This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process. The Title IX Coordinator will consult with the Office of Accessibility Services and legal counsel in order to engage in the interactive process and provide accommodations as appropriate. The college will not affirmatively provide disability accommodations unless requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

means consequences imposed on a Respondent following a determination under this grievance procedure that the Respondent violated SUNY Geneseo’s prohibition Sex-Based Harassment.

A pattern of coercive behavior, including acts or threatened acts, that is used by a perpetrator to gain power and control over a victim, as defined in New York State Social Service Law § 459-a, including, but not limited to physical, sexual, psychological, economic, and/or emotional abuse; or the threat of any/all of the aforementioned acts.

A designated employee(s) of SUNY THE COLLEGE who has been trained by the Office for the Prevention of Domestic Violence (OPDV) to assist victimized employees; who ensure the College compliance with the Gender-Based Violence and the Workplace Policy; and who serves as the primary contact for OPDV.

For Title IX Policy effective August 14, 2020 until July 31, 2024 and after August 29, 2024 to current, the definition of education program or activity includes:

• Any on-campus premises

• Any off-campus premises that SUNY Geneseo has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.

• Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of SUNY Geneseo’s programs and activities over which SUNY Geneseo has substantial control.

For Title IX Policy effective August 1, 2024 to August 28, 2024 the definition means: means any academic, extracurricular, research, occupational training or other Education Program or Activity operated by SUNY Geneseo that receives Federal financial assistance.

Defined as any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.

messages distributed electronically from one computer user to one or more recipients via a network.

Defined as any faculty member at SUNY Geneseo or staff employed by the College or a College-related Organization and its subcontractors who are issued College identification cards.

A person who is on a state payroll or has an official volunteer appointment at the College at the time of the injury. This includes students (full or part-time) working for the college and temporarily on state payrolls at the time of the accident. This does not include employees of the Research Foundation, Campus Auxiliary Services and/or similar organizations.

A designated official at the college selected to handle the various phases of the safety program.

An alternative format or medium that communicates the same information in as timely and effective a fashion as does the original format or medium. For interactive or service pages, equally effective means the end result is accomplished in a comparable time and with comparable effort on the part of the requestor. To provide equally effective alternate access, alternates are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs.

The College has excluded certain periods on its calendar during which the use of the campus and its facilities, including outdoor spaces, is reserved exclusively for campus-related activities that are at the core of its primary educational mission. During these exclusion periods, use of all public forums shall be largely curtailed so as not to interfere with core, mission-centric programming.

The college defines the exclusion periods to include the following:

1. During opening activities at the beginning of the fall and spring semesters
2. During evaluation and final examination periods as set forth on the academic calendar
3. During graduation-related activities and events, including commencement
4. During major fall or spring campus-wide celebrations including, but not limited to, concerts, orientations, open houses, alumni-related celebrations, and programs with a focus toward high school students
5. During the summer when overnight, day camps, and orientation programs take place
6. During other times when the President determines that such declaration is in the best interests of the college community, such as a public health emergency

Questions about the dates of these exclusion periods may be addressed to the Office of Campus Scheduling and Special Events.

Includes but are not limited to cloth (e.g. homemade sewn, quick cut, bandana) and medical masks, must meet the following criteria:

1. fit snugly but comfortably against the side of the face;
2. completely covers the nose and mouth;
3. includes multiple layers of fabric;
4. allows for breathing without restriction; and
5. if cloth, can be laundered and machine dried without damage or change to shape.

Provide barrier protection to the facial area and related mucous membranes (eyes, nose, lips) and are considered an alternative to goggles. They should cover the forehead, extend below the chin and wrap around the side of the face to the ears. Face shields are not meant to function as primary respiratory protection and should be used concurrently with a medical mask (for droplet precautions) or a respirator (for airborne precautions).

For the purpose of maintaining a policy regarding nepotism, a family member is defined as any person living in the same household as the covered individual or any person who is a direct descendant of that covered individual's grandparents or the spouse of such descendant. It also includes, but is not limited to, relationships of adopted, foster, step, or those in loco parentis of an employee or the child of an employee’s any-gender domestic partner.

“It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose his social security account number.”

Exceptions

• To comply with another Federal law
• For a computer system in place prior to 1975

In addition, all government agencies must provide a disclosure statement every time they ask for a Social Security Number. That is, whenever a Social Security Number is requested, the electronic or physical form used to collect the number must be clearly marked as to

• whether the request is voluntary or mandatory,
• what authority or legal statute the number is solicited,
• what uses will be made of the Social Security Number, and
• the consequences, if any, of failure to provide the information.

FERPA protects the privacy of student educational records and requires schools to minimize collection and use of student Social Security Numbers. Social Security Numbers should be collected only for the purpose of processing student loans, employment, and to meet other legal obligations.

Any firearm as defined in Section 265.00 (3), or any antique firearm as defined in Section 265.00 (14) of the Penal Law.

For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within SUNY Geneseo’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

Policies established by the Geneseo Foundation, Inc., a separate 501c3, are on file in the Office of College Advancement.

A change so significant that it affects the essential nature of the instruction, program or activity provided.

The idea that there are only two genders – man/woman – and believing that a person's gender is only possible as one or the other (and must be strictly either/or).

The way in which an individual outwardly expresses or reflects their gender identity to others. (ex. appearance, dress, and/or behavior)

An individual’s personal sense of gender, which may be the same or different from their sex.

Violence or threats that happen because of someone’s sex, gender, sexual orientation, gender identity or expression, or other related characteristics. Gender-based violence is an umbrella term that includes domestic violence, sex-based discrimination, sexual harassment, sexual assault, and sexual violence, and can also include stalking or human trafficking.

Policies developed by College Senate and similar shared governance entities.

Defined as a water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter.

A state of poor health or unhealthy condition, wound or damage to the body, resulting from any work or official college related activity occurring on campus or otherwise.

Includes all policies at SUNY Geneseo.

• Academic Policies
• Administrative Policies
• College Policies
• Department or School Policies
• Foundation Board Policies
• Governance Policies
• Student Policies

Sending and receiving information between campus community members, including faculty, staff, students, and emeriti.

Includes persons legally married to one another; persons formerly married to one another; persons who have a child in common, regardless of whether such persons are married or have lived together at any time, couples who live together or have lived together, or persons who are dating or who have dated in the past, including same sex couples.

A mask that is more protective than paper, cloth or medical/surgical style masks with varying degrees of filtering efficiency

A term commonly used to refer to email software list applications; a group of email addresses used for distribution. All lists hosted by SUNY Geneseo must be related to the entire College (e.g., research discussion or campus-wide committee).

The individual responsible for establishing listservs, including members and moderators, and for setting specific listserv settings.

The College is providing a designated public forum for use by Campus Constituents and Unaffiliated Parties for peaceable speech and assembly. While gathered, all Campus Constituents and Unaffiliated Parties must conform to any and all applicable law and policy governing campus. Compliance with law and policy is required even when the law and/or policy is a subject of the demonstration/speech.

An individual’s state of being single, married, separated, divorced, or in a partnership with another individual.

Messages sent, unsolicited, to large segments of the college population using email, text messaging, or voice telephony.

Reduce the transfer of saliva and respiratory droplets to others and help block blood and other potentially infectious materials from the skin, mouth and nose of the wearer. They have multiple layers of different nonwoven fabric materials, which are fused together. (also known as surgical mask or medical face mask)

An individual whose email address is included in a listserv.

A microcredential is a cluster of learning experiences that focus on developing a particular set of skills and include some element of application. Microcredentials provide formal recognition of completion of these experiences and generate a badge. Geneseo-issued microcredentials adhere to SUNY Microcredential Definition and Terms. Through established governance processes, Geneseo approved integrative curricular microcredentials (ICMs) in spring 2020 and has been offering them on an ongoing basis since. ICMs have a curricular foundation (6-12 credits of coursework) and require completion of an applied learning experience with a self-reflective component. ICMs generate a transcript notation and a badge; other types of microcredentials do not generate a transcript notation. At Geneseo, Credly badges for microcredentials will be designed to easily distinguish them from other types of badges.

An individual’s participation in the armed forces.

Individual(s) responsible for maintaining appropriate protocols for a particular listserv. May also approve messages sent via the listserv.

Authentication using two or more different factors to achieve authentication. Factors include: (i) something you know (e.g., password/PIN); (ii) something you have (e.g., cryptographic identification device, token); or (iii) something you are (e.g., biometric). Source: csrc.nist.gov/glossary/term/mfa 

Provide protection against inhalation of very small infectious airborne particulates using a filtering facepiece respirator. These respirators are indicated for use when in direct contact with patients with COVID-19. N-95 respirators require medical clearance, training and fit testing.

An individual’s country of origin, culture, ancestry, linguistic characteristics, accent or physical appearance related to the country they were born, or where their ancestors lived.

A directive issued to a student(s) not to contact or communicate with a specific student(s). 

This restriction means that a party may not contact the other party through verbal, nonverbal, physical, electronic, or other forms of communication. They may not communicate through means that include, but are not limited to, a mailed written letter, email, social networking sites, phone calls, text messages, and voicemails.

This restriction of contact or communication extends to any actions that a “third party,” such as a friend, family member, or acquaintance, takes on a student’s behalf.

An area the general campus community would not have routine access to or would reasonably expect privacy afforded, such as residence hall rooms/suites, individual offices and restrooms. 

Requires the timely notification to citizens regarding any breach of a system containing non-encrypted personal information “in the most expedient time possible and without unreasonable delay.”

“Institutions shall not display student Social Security Numbers on public listings of grades, class rosters, student ID cards, student directories, or anything else unless specifically authorized or required by law.”

An order issued by any court to limit the behavior of someone who harms or threatens to harm another person. Orders of protection may direct the offending party not to injure, threaten, or harass the victim, their family, or any other person(s) listed in the order and may include, but are not limited to ordering him/her/them to stay away from the home, school, business, or place of employment of the victim; vacate a shared residence; abide by any active orders of custody and visitation; and surrender any firearms.

means Complainant or Respondent.

Demonstrations without violence and any physical obstruction to the entrance to premises. Any peaceful picketing or other orderly demonstration that becomes violent or creates a physical obstruction shall no longer be considered a Peaceful Picket or other Orderly Demonstration from the time and date of the violation.

means Retaliation by a Student against another Student.

A person who commits or threatens to commit coercive or violence acts, which may include, but is not limited to, physical, psychological, sexual, economic, and/or emotional abuse against a victim.

Equipment worn to minimize exposure to a variety of hazards. Examples of PPE include items such as gloves, goggles, face shields, foot protection, protective hearing devices (e.g. earplugs, muffs), hard hats, respirators and full body suits.

Personnel actions include, but are not limited to hiring, discipline, performance, evaluation, promotion, tenure, demotion, transfer, discharge from employment, layoff, conditions of work, rates of pay, or similar financial decision and selection for training, and terms, conditions, or privileges of employment

Physical contact with a child which is intended to cause, or causes, pain or physical injury, including punching, beating, shaking, throwing, kicking, biting and burning, or directing a child, outside the norm of the supervised activity, to perform physical activity which is intended to cause physical injury. 

Designated Public Forum(s)- The College identifies the following areas as its designated public forum areas:

• College Green;
• Doty Field;
• MacVittie College Union Patio; and, 
• Sidewalks on the SUNY Geneseo campus, which are regularly used by students, faculty, staff, and visitors for a continuously moving march. 

The use of these Designated Public Forums will balance speakers’ ability to communicate their message with the College’s need to minimize interference with classroom instruction or residential facilities.

A documented guiding principle, plan or course of action of the College designed to influence and determine decisions and actions for which all faculty, staff, and students are accountable. Policies are guiding principles that generate action.

A web-based, centrally located system containing the most recent, finalized version of all policies on the Geneseo campus.

A Policy Owner includes any employee or office designated by the President or any members of the Cabinet to develop College policy.

An ad hoc group charged with drafting or revising a College policy. The members of this group will be selected by the Responsible Officer.

Consistent with Student Code of Conduct or applicable employee policy, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean SUNY Geneseo offices and employees who will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as required or allowed by law, necessary to investigate and/or seek a resolution and/or to notify the Title IX Coordinator or designee, for the purpose of tracking patterns and spotting systemic issues. SUNY Geneseo will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

A specific method or course of action or way of performing or effecting policy implementation; a set of established forms or methods for carrying on affairs of the College. Procedures are the steps taken to implement a policy.

May include but is not limited to, supervisory, instructional, or other campus relationship where power and authority is exercised and the real or perceived freedom of the student or employee to terminate or alter the relationship is impeded.

Public art is defined as any artwork installed in outdoor spaces on campus or in public areas in campus buildings. 

An area that the general campus community has routine access to and where one’s expectation of privacy would be limited, such as outdoor areas, lounges and hallways.

An individual’s physical or social attributes that connect them to categories generally viewed by society as distinct.

Registered Student Organizations are defined as student groups organized and supported by currently enrolled SUNY Geneseo students in their pursuit to meet a need or fill a niche for the college’s diverse student population.

means related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure. Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.

“Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.

“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:

• Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
  • They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
  • They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. 34 C.F.R. § 106.45(6)(i).
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege. Legally recognized privileges include but are not limited to attorney-client privilege, physician-patient privilege, and spousal (marital) privilege.
• Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 85 Fed. Reg. 30026, 30294 (May 19, 2020).
• The results of tests or investigative techniques that are deemed by the Title IX coordinator (in consultation with legal counsel) to lack scientific or evidentiary merit or which are likely to cause damage (including harassment) to any party or the College community.  

An individual’s adopted belief and practice in a particular system of faith.

means measures provided, as appropriate, to a Complainant or any other person SUNY Geneseo identifies as having had their equal access to SUNY Geneseo’s Education Program or Activity limited or denied by Sex-Based Harassment. These measures are provided to restore or preserve that person’s access to SUNY

Geneseo’s Education Program or Activity after SUNY Geneseo determines that Sex-Based Harassment occurred.

For Title IX Policy effective August 14, 2020 until July 31, 2024 and after August 29, 2024 to current, respondent means any individual who has been reported to be the perpetrator 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 a person who is alleged to have violated SUNY Geneseo’s prohibition on Sex-Based Harassment.

The employee of the College or College-affiliated organization, who has been designated by the Campus under Section G, Campus Responsibilities.

The Responsible Officer is the appropriate Cabinet member under whose purview a policy is covered.

means intimidation, threats, coercion, or discrimination by any person, by SUNY Geneseo, a Student, or an employee or other person authorized by SUNY Geneseo to provide aid, benefit, or service under SUNY Geneseo's Education Program or Activity, for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this grievance procedure, including an informal resolution process.

A rifle as defined in Section 265.00 (11) of the Penal Law.

Software that allows a computer to identify and convert text to speech.

Defined as a mixture of the smoke given off by the burning end of a cigarette, electronic cigarette, cigar, cigarello, pipe, beedi, kretek, water pipe, bong, and hookah, and the smoke exhaled from the lungs of smokers.

A pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper or similar disabling agent. It shall only contain 0.7% oleoresin capsicum by weight total capsaicinoids and the spray device shall not exceed 0.75 ounces.

An individual’s biological anatomy.

means sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy and other conditions, that is: 

(1) Quid pro quo harassment- An employee, agent or other person authorized by SUNY Geneseo’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct; 

(2) Hostile Environment harassment- Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from SUNY Geneseo’s Education Program or Activity (i.e., creates a hostile environment). 

Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following: 

(i) the degree to which the conduct affected the Complainant’s ability to access    SUNY Geneseo’s Education Program or Activity; 

(ii)the type, frequency, and duration of the conduct; 

(iii) the Parties’ ages, roles within SUNY Geneseo’s Education Program or Activity, previous interactions and other factors about each Party that may be Relevant to evaluating the effects of the conduct;

 (iv) the location of the conduct and the context in which the conduct occurred; and 

(v) other Sex-Based Harassment in SUNY Geneseo’s Education Program or Activity;

(3) Sexual Assault- (as defined in the Clery Act, 20 U.S.C. 1092(f)) means 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) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means 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; and (iii) the frequency of interaction between the persons involved in the relationship.

(5) Domestic Violence- means any felony or misdemeanor crimes committed by a person who: (A) is a current or former partner of the victim under the family or domestic violence laws of New York State, or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shared a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of New York State; or

(6) Stalking- means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.

Engaging in a sexual offense with a child and/or encouraging or promoting sexual performance by a child. Pursuant to the NYS Penal Law, including, as presented in Articles 130, 263, and Sections 260.10 and 260.25, sexual offenses include: sexual misconduct, rape, criminal sex acts, forcible touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, facilitating a sex offense with a controlled substance, sexually motivated felony, predatory sexual assault against a child, and sexual performance by a child. This also includes Penal Law offenses relating to children including endangering the welfare of a child and unlawfully dealing with a child in the first degree. Sexual performance by a child, as defined by the Penal Law, is any behavior which results in touching of the sexual or other intimate parts of a child for the purpose of sexual gratification of the child and/or adult, including touching by the child and/or adult with or without clothing, and all acts as defined by New York State Penal Law Articles 130, 263 and Section 260.10.

Consistent with the New York State Human Rights Law, unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when: 

1. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment; 
2. Such conduct is made either explicitly or implicitly a term or condition of employment; or 
3. Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.

An individual’s identity in relation to the gender(s) to which they are attracted.

A shotgun as defined in Section 265.00 (12) of the Penal Law.

Defined as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana/cannabis, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Policy.

In the United States, a Social Security number is a nine-digit number issued to U.S. citizens, permanent residents, and temporary residents under section 205 of the Social Security Act, codified as 42 U.S.C. § 405.

In some cases, completion of low-stakes badged activities can be “stacked” into a full microcredential that also generates a badge. Higher education uses the concept of stackability frequently - for example, in some majors, a student completes introductory courses that focus on basic concepts, then stacks mid-level courses focused on skills development, and then stacks a final level of courses where they demonstrate mastery.

The term “student” includes all persons taking a course or courses at SUNY Geneseo, either full- or part-time, pursuing undergraduate or graduate studies. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with SUNY Geneseo or who have been notified of their acceptance for admission are considered “students”, as are persons who are living in SUNY Geneseo residence halls, although not enrolled. 

Policies which directly pertain to, and affect, student life at the College.

means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to: (1) restore or preserve that Party’s access to SUNY Geneseo’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or SUNY Geneseo’s educational environment; or (2) provide support during SUNY Geneseo’s grievance procedures for Sex-Based Harassment.

Defined as non-students, non-faculty, and non-staff, including contract workers.

The use of the designated public forum may be requested for up to a four-hour time block between the hours of 8:00 a.m. and 9:00 p.m. during the academic year, and between the hours of 8:00 a.m. and 4:00 p.m. during the summer if the space is available and it is not during an exclusion period. Assemblies lasting more than 4 hours in a one-day period, and assemblies between the hours of 9:00 p.m.(academic year)/4p.m.(summer) and 8:00 a.m. are prohibited;

Defined as any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body by inhalation, chewing or any other method; but does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

A person(s) or organization requesting to use the designated public forum who is not currently a student, faculty or staff member at the College, and who is not officially sponsored by either the College or a registered student group to speak at the College and/or is not a registered student group.

defined as contact as a result of classes or chance meetings on or off campus.

A significant disruption, expense and/or difficulty posed by the provision of accessible information technology. When a department is concerned that the provision of accessible information technology will pose undue financial or administrative burdens, it must proceed according to the procedures in this policy.

A sworn police officer of the University Police Department

Situations or circumstances that might cause an accident, injury or illness.

Persons who do not meet the definition of vaccinated and/or those who have not provided proof of vaccination to the appropriate College department (Human Resources, Student Health Services, CAS HR, etc.).

Persons two weeks after the second dose of a two-dose series or one dose of a single-dose series for COVID-19.

A non-affiliated person or group that has recurring business on the College campus.

An individual who completed service for any branch of the armed forces, and was discharged or released under conditions other than dishonorable.

Any person over the age of sixteen, any married person, or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of an act which would constitute a violation of the penal law, including, but not limited to, acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, or strangulation, identity theft, grand larceny, or coercion; and 

1. Such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person’s child; and
2. Such act or acts are or are alleged to have been committed by a family or household member. 

“Family or household members” mean the following individuals: 

1. persons related by consanguinity or affinity (blood or a person’s relation to blood relatives of their spouse); 
2. persons legally married to one another; 
3. persons formerly married to one another regardless of whether they still reside in the same household; 
4. persons who have a child in common regardless of whether such persons are married or have married or have lived together at any time; 
5. unrelated persons who are continually or at regular intervals living in the same household or who in the past continually or at regular intervals lived in the same household; 
6. persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; or
7. any other category of individuals deemed to be a victim of domestic violence as defined in regulation by the New York State Office of Children and Family Services. 

“Parent” means a natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

Any person on property owned or controlled by SUNY Geneseo that is not an employee of the College, Research Foundation, or Campus Auxiliary Services.

A non-affiliated person who has been invited to the College campus by a member of the College community for a College business related function.

A document which evaluates how accessible a particular product is according to web accessibility. It is a self-disclosing document produced by a vendor which details each aspect of web accessibility requirements and how the product supports each criteria.

(1) A "deadly weapon" as defined in Section 10.00 (12) of the Penal Law, or (2) any weapon defined in Section 265.01 of the Penal Law

The textual, visual, or audio content that is encountered as part of the user experience on websites. For purposes of this policy, web content also includes forms and documents accessible through SUNY Geneseo websites.

A series of standards developed by the World Wide Web Consortium, the main international standards organization for the internet, which promotes usability and best practices to ensure web access for individuals with disabilities.

An electronic work order submitted via the TMA maintenance management system. This can be found on the Facilities website or by calling 585-245-5662 to place a repair request..

For the purposes of this Policy, any permanent or temporary location away from an employee’s domicile where an employee performs any work-related duties in the course of employment.

Workplace bullying is defined as repeated behavior that intends to intimidate, degrade, humiliate or isolate people at work, or undermines their reputation or job performance. Bullying behavior takes many forms including, but not limited to:

• Incivility – rude or discourteous behavior toward an individual or group
• Harassment – behavior directed toward an individual or group with the intent to alarm, manipulate, control or abuse
• Intimidation – threats of imminent or future harm toward an individual or group
• Exclusion – situations where a person is socially or physically excluded or disregarded from work-related activities on a regular basis.
• Humiliation – belittling or demeaning others through ridicule or spiteful remarks.

While bullying is typically defined as repeated behaviors, there are times when a behavior is so egregious that it need only happen once to be considered bullying.

NOTE: There is a distinction between a supervisor being firm in instructing and directing an employee related to job tasks or performance management and bullying. Under no circumstances should a supervisor bully an employee, or vice versa. If there are concerns that an employee is being mistreated by his/her/their supervisor, that person should address the matter with Human Resources.

Further guidance on civility in the workplace can be found in the Civility Resources Guide.