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College Policies (Section 3)

Human Resources

BP3.1: Equal Employment Opportunity/Affirmative Action

The College is committed to providing educational and employment opportunities to persons from diverse cultural heritages and backgrounds. The College believes all persons are entitled to equal employment opportunity and does not discriminate against employees or applicants because of race, color, religion, sex, age, veteran status, disability, national origin, sexual orientation, gender identity or any other legally protected status. Equal employment opportunity will be extended in all aspects of the employer-employee relationship, including, but not limited to, recruitment, hiring, training, promotion, transfer, demotion, compensation, benefits, layoff and termination. In addition, the College will make a reasonable accommodation to known physical or mental limitations of an otherwise qualified applicant or employee with a disability unless the accommodation would impose an undue hardship on College operations. All employment-related policies, procedures and actions are designed to comply with applicable laws.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Amended: Feb. 18, 2015

Equal Employment Opportunity/Affirmative Action

BP3.2: Sexual Harassment Response and Prevention

Sexual harassment is a form of sex discrimination, which is unlawful in the workplace under Title VII of the Civil Rights Act of 1964, as amended, and the New York State Human Rights Law. Under Title IX of the Educational Amendments of 1972, sexual harassment also is prohibited in the provision of educational services and protects students and employees from sexual harassment.

Sexual harassment is prohibited and will not be tolerated at SUNY Orange. The College has implemented measures to address and prevent sexual harassment and is taking additional affirmative steps to increase awareness of, and sensitivity to, all forms of sexual harassment in order to maintain a workplace and learning environment free of its harmful effects.

Sexual harassment is a form of workplace discrimination and employee misconduct, as well as a form of discrimination in the academic setting, and all employees and students are entitled to work and learn in a campus environment that prevents sexual harassment. All employees and students have a legal right to a workplace and a campus free from sexual harassment, and employees and students can enforce this right by filing a complaint internally with the College, or with a government agency, or in court under federal or state anti-discrimination laws, as detailed in the College's Discrimination and Sexual Harassment Complaint Procedure.

In accordance with applicable law, sexual harassment is generally described as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:
• Submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic benefit; or
• Submission to or rejection of the conduct is used as the basis for an employment or academic decision affecting the person rejecting or submitting to the conduct; or
• The conduct has the purpose or effect of unreasonably interfering with an affected person's work or academic performance, or creating an intimidating, hostile or offensive work or learning environment.

Sexual harassment can include physical touching, verbal comments, non-verbal conduct such as leering or inappropriate written or electronic communications, or a combination of these things. Examples of sexual harassment may include, but are not limited to:
• Seeking sexual favors or a sexual relationship in return for the promise of a favorable grade or academic opportunity;
• Conditioning an employment-related action (such as hiring, promotion, salary increase, or performance appraisal) on a sexual favor or relationship; or
• Intentional and undesired physical contact, sexually explicit language or writing, lewd pictures or notes, and other forms of sexually offensive conduct by individuals in positions of authority, co-workers or student peers, that unreasonably interferes with the ability of a person to perform their employment or academic responsibilities.
• Physical acts of a sexual nature, such as:
o Touching, pinching, patting, kissing, hugging, grabbing, brushing against, or poking another person's body;
o Rape, sexual battery, molestation or attempts to commit these assaults.
• Unwanted sexual advances or propositions, such as:
o Requests for sexual favors accompanied by implied or overt threats concerning a target's job performance evaluation, a promotion or other job benefits or detriments, or an educational benefit or detriment;
o Subtle or obvious pressure for unwelcome sexual activities.
o Sexually oriented gestures, noises, remarks, jokes or comments about a person's sexuality or sexual experience, which create a hostile environment.
• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
• Sexual or discriminatory displays or publications, such as:
o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on computers or cell phones and sharing such displays while in the workplace or classroom.
• Hostile actions taken against an individual because of that individual's sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender, such as:
o Interfering with, destroying or damaging a person's workstation, tools or equipment, or otherwise interfering with the individual's ability to perform his or her employment or academic duties;
o Sabotaging an individual's work;
o Bullying, yelling, name-calling

Such behavior can constitute sexual harassment regardless of the sex, gender, sexual orientation, self-identified or perceived sex, gender expression, status of being transgender, or gender identity of any of the persons involved. Sexual harassment is considered a form of employee and student misconduct, which may lead to disciplinary action. Further, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. Employees and students who believe they have been subjected to sexual harassment may refer to the College’s Discrimination and Sexual Harassment Complaint Procedure for more details on how to have their allegations reviewed, which includes a link to the College’s complaint form.

Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure, is unlawful, is strictly prohibited and may result in disciplinary action. Retaliation is an adverse action taken against an individual as a result of complaining about or provides information regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Adverse action includes being discharged, disciplined, discriminated against, or otherwise subject to adverse action because the individual reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Participants who experience retaliation should contact the College’s Civil Rights Compliance Officer/Title IX Coordinator and may file a complaint pursuant to the procedures outlined in the College's Discrimination and Sexual Harassment Complaint Procedure.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Amended: Dec. 11, 2018

Sexual Harassment and Discrimination

BP3.3: Non-Harassment/Non-Discrimination

SUNY Orange is committed to fostering a diverse community of faculty, staff, and students, as well as ensuring equal educational opportunity, employment, and access to services, programs, and activities, without regard to an individual’s race, color, national origin, religion, creed, age, disability, sex, sexual orientation, gender expression and identity, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction. Employees, students, applicants or other members of the College community (including but not limited to vendors, visitors, and guests) may not be subjected to harassment that is prohibited by law, or treated adversely or retaliated against based upon a protected characteristic.

This policy is in accordance with federal and state laws and regulations prohibiting discrimination and harassment. These laws include the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972, and the New York State Human Rights Law. These laws prohibit discrimination and harassment, including sexual harassment and sexual violence.

Officials and supervisors must take immediate and appropriate corrective action when instances of prohibited discrimination and/or harassment come to their attention to assure compliance with this policy. Each employee and student is assured that retaliation against an individual who makes a complaint or report under this policy is absolutely prohibited and constitutes, in and of itself, a violation of this policy. Any questions regarding the scope or application of this policy should be directed to the Associate Vice President of Human Resources.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Amended: Oct. 16, 2019

 

Non-Harassment/Non-Discrimination

BP3.4: Disability Accommodations

As part of its commitment to maintaining a highly qualified and diverse student population and work force, and in keeping with its obligations under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), the College offers qualified individuals with disabilities equal opportunity, participation, and access to College programs, services, and activities. Discrimination on the basis of disability as defined in Section 504 or under the ADA will not exist in any activity, area, or operation of the College, and retaliation against an individual for asserting rights under Section 504 or the ADA will not be tolerated.

Employees, students, and visitors to the College are encouraged to bring any concerns regarding known or suspected instances of disability-based discrimination to the attention of the Vice President for Student Services, who is designated as the person responsible for coordinating the College's compliance with Section 504 and the ADA. Complaints will be handled promptly, equitably and in accordance with the College Discrimination Complaint Guidelines, copies of which are available from supervisors, the Office of Human Resources and the Office of Student Services.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Disability Accommodations

BP3.5: Drug-Free Workplace

SUNY Orange is committed to maintaining a drug free workplace. In compliance with “The Drug-Free Schools And Communities Amendments Of 1989” as mandated by Section 22 of Public Law 101-226, and the “Drug-Free Workplace Act of 1988,” the College will make the following information available to its students and employees annually.

Standards of Conduct

The College has a vital interest in ensuring safe, healthful and efficient working conditions for its employees. The unlawful presence of controlled substances in the workplace conflicts with these vital interests and constitutes a violation of the public trust. For these reasons, the College has established, as a condition of employment and continued employment, the following drug-free workplace policy:

• The unlawful use, possession, manufacture, dispensation or distribution of controlled substances at any College work location or premises is prohibited
• Advance written approval and authorization is required from the President of the College for the consumption of alcohol at College-sponsored functions
• Employees who unlawfully manufacture, distribute, possess or use a controlled substance will be subject to disciplinary procedures consistent with applicable and collective sanctions outlined in Section II, Disciplinary Sanctions
• Employees must notify the Human Resources Office of any criminal drug statute conviction for a violation occurring in the workplace, or at a work site, no later than five (5) days after such a conviction
• All employees are hereby advised that full compliance with the foregoing policies shall be a condition of employment at the College

The College is also committed to providing a safe, healthful and efficient educational setting for students. Students are governed by the College’s Student Code of Conduct, which states:

• The unlawful purchase, manufacture, possession, use, distribution or consumption of alcohol and other drugs on all College campus sites or College-sponsored events is prohibited
• No alcoholic beverages may be bought, manufactured, possessed, used, distributed or consumed on campus or elsewhere as part of College activities in which students are involved
• Under New York State law, no person can sell, deliver or give away any alcoholic beverage to any person under the age of 21
• Visitors at all College campus sites are expected to adhere to the standards of conduct regarding alcohol and other drugs required of College employees and students. Local, state and federal laws stipulate mandatory fines and imprisonment of individuals convicted of possessing, using or distributing illicit drugs or alcohol on campus and at all College-sponsored events. The College will strictly enforce the Student Code of Conduct which specifies the disciplinary measures for students who have been found to have possessed, used or distributed drugs or alcohol on College property and at all College-sponsored events.

Please refer to the Student Code of Conduct for disciplinary procedures and possible sanctions specified for students.

The disciplinary measures specified for employees include:

• Completion of an appropriate rehabilitation program
• Disciplinary sanctions will be applied pursuant to applicable law or, where appropriate, the individual's collective bargaining agreement. These sanctions may include a reprimand, a fine, and suspension without pay, demotion and dismissal

In addition to disciplinary action or College sanctions, students and employees found possessing, using or distributing illegal drugs and alcohol on College property may be referred to local authorities for prosecution.

Drug-Free Awareness Program

In order to maintain a drug-free workplace, the College has established a drug-free awareness program to educate employees on the dangers of drug abuse in the workplace, its drug-free workplace policy, the availability of any drug-free counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed for violations of our drug-free workplace policy. Such education may include:

• Distribution of the College’s drug-free workplace policy at the employment interview
• Discussion of the policy at the new employee orientation session
• Distribution of a list of approved drug assistance agencies, organizations and clinics
• Distribution of published educational materials regarding the dangers of drug abuse
• Re-orientation of all involved employees in cases in which a drug-related accident or incident occurs
• Inclusion of the policy in employee handbooks and any other personnel policy publications
• Lectures or training by local drug abuse assistance experts
• Discussion by the College’s safety experts on the hazards associated with drug abuse
• Video presentations on the hazards of drug abuse

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Drug-Free Workplace

BP3.6: Tobacco Use in the Workplace

Orange County Community College bans the use of tobacco products, including e-cigarettes and vapor devices, on the College’s campuses, except in those outdoor areas designated by the College President. Pursuant to the New York State Indoor Clean Air Act (Public Health Law, Article 13-E), smoking is prohibited inside all buildings owned and/or operated by SUNY Orange. In addition, the indoor use of all tobacco products is strictly prohibited.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Amended: Dec. 16, 2015

Tobacco Use in the Workplace

BP3.7: Employment of Relatives (Nepotism)

The College prohibits the employment of close relatives1 in the same department or administrative unit (or anywhere within the College) where the relatives participate in making recommendations or decisions affecting the appointment, evaluation, retention, work assignments, promotion, demotion or salary of other relatives.

The anti-nepotism policy described herein shall not apply to close relatives who already occupied positions prior to the promulgation of this regulation, where such employment would be prohibited by this policy; but it shall apply to these positions and these persons if any reclassification, change in assignment or other significant personnel action occurs.

No person shall be employed by the College who is a close relative of a member of the Board of Trustees. Also, no employee of the College shall participate in the selection or hiring of any person who is a close relative of the employee. The College also prohibits an employee of the College to directly supervise the work of another employee who is a close relative unless that supervisory role is specifically approved by the President of the College upon recommendation of the College’s Human Resources Officer.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

1 “Close relatives” refers to persons related consanguineously ("blood relatives") within the third degree of relationship (e.g., second cousin) and to persons related by affinity (“relatives by marriage") within the second degree of relationship (e.g., first cousin-in-law).

Employment of Relatives (Nepotism)

BP3.8: Personal Relationships in the Workplace

Employees of the College, regardless of sex, gender or sexual orientation, are prohibited from developing a romantic or sexual relationship with a person over whom they are in a position of direct, indirect or implied power. Additionally, employees of the College are prohibited from being in a position of direct, indirect or implied power over someone with whom they have a current romantic or sexual relationship. This includes, but is not limited to, persons whom one teaches, advises, coaches, counsels, mentors, evaluates or supervises in any way.

Violation of this policy by an employee will result in disciplinary action consistent with applicable law and/or collective bargaining agreement. Disciplinary sanction may include reprimand, fine, suspension with or without pay, and/or termination of employment with the College.

 

Personal Relationships in the Workplace

BP3.9: Sexual Assault/Battery

The College will enforce the Orange County Government domestic violence employee awareness and assistance policy, which puts forth the following requirements1:

• Orange County will provide upon request information concerning referrals to any employee who is a victim of domestic violence. Such referrals may include, but are not limited to: Orange County Employees Assistance Program, Orange County Crime Victims Program, Safe Homes, Inc., New York State Office for the Prevention of Domestic Violence.
• Orange County will not tolerate domestic violence that includes harassment by any employee while in County Offices, facilities, worksites, vehicles, or while conducting County business. Any employee who is found to have threatened, harassed or abused a current or former partner at the workplace or from the workplace using any workplace resources such as work time, work vehicles, workplace phones, FAX machines, mail, e-mail, or other means, may be subject to corrective or disciplinary action in accordance with existing collective bargaining unit agreements.
• employees who are perpetrators of domestic violence are also encouraged to seek assistance and contact their supervisor, EAP office or a batterer’s intervention program.
• Orange County will make available and post in locations of high visibility, such as bulletin boards, break/restrooms a list of resources for victims and perpetrators of Domestic Violence, including, but not limited to: Orange County Assistance Program (EAP), Orange County Crime Victims Program, Safe Homes, Inc., New York State Domestic Violence Hotline Numbers (Spanish and English), Orange County Batterers Intervention Course.

1 The provisions of this executive order/policy are not intended to alter collective bargaining unit agreements existing at the time of its adoption.

For the purpose of this policy, the following terms will be defined as:

• Domestic violence: actions or a pattern of coercive behavior, which can include stalking; harassment; physical or sexual violence or the threat of violence; psychological, economic, and emotional abuse, used against an intimate partner, with the goal of establishing and maintaining power and control over an intimate partner.
• Abuser: the person who directs his/her coercive and violent acts against a victim.
• Victim: the person against whom an abuser directs his/her coercive and violent acts.
• Intimate Partner: includes persons who are legally married to one another; were formerly married to one another; have a child in common regardless of whether they were ever married or lived together at any time; are unrelated but who have had intimate or continuous social contact with one another and who have access to one another's household; or who have or have had a dating or sexual relationship, including same sex couples.
• Domestic Violence Service Provider: agency or a staff member of an agency, that primarily or exclusively provides comprehensive services to victims of domestic violence.

Sexual Assault/Battery

BP3.10: Notification of Arrests and Convictions

An employee of the College who has been arrested or convicted of a crime is required to notify his/her immediate supervisor AND the College’s Human Resources Office, in writing, on the first College work day following such arrest or conviction.

Notification of Arrests and Convictions

BP3.11: Notice of Privacy Practices

The College is committed to protecting the privacy and security of the health and other personal and confidential information of employees and students. In general, the College will ensure that such personal and confidential information will not be used, disclosed or confirmed to anyone who is not specifically authorized to receive or have access to the information under applicable law or the applicable policies and procedures of the College.

This policy applies to all members of the College workforce, whether directly employed by the College or serving under an alternative arrangement. It shall include, but not be limited to: employees, volunteers, student aides, students participating in a health related program, agency and contracted staff (including temporary staff), consultants, contractors and subcontractors, and faculty and credentialed staff.

Members of the College’s workforce who fail to adhere to the College’s policies and procedures, or state and federal law regarding the privacy and security of personal and confidential information, will be subject to discipline under applicable law and/or collective bargaining agreement, up to and including termination of employment.

Each member of College’s workforce whose job responsibilities require having access to personal and confidential information will be expected to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and with the Federal Privacy Rule 45C.F.R., Section 164.520. Such employees will also be required to sign the College’s “Workforce Confidentiality Agreement.” This signed statement will be maintained in the appropriate employee personnel file.

Students in the Health Professions shall sign the “Student Confidentiality Statement,” which shall be maintained in the appropriate department chair’s student files.

Anyone who knows of, or has reason to believe, that another person has violated this policy, or otherwise impermissibly accessed, used or disclosed personal and confidential information, should report the matter immediately to his or her department supervisor or department chair, or the College’s Compliance Officer. The College’s Compliance Officer shall investigate all reports received. Failure to report a breach will be considered a violation of this policy.

Notice of Privacy Practices

BP3.12: Campus and Workplace Violence

Pursuant to the Workplace Violence Protection Act, the College is committed to creating and maintaining a working and learning environment where violence or threats directed toward any member of or visitors to the College community are not tolerated. Additionally, the College regularly evaluates risk factors for workplace violence on campus and in College buildings and facilities.

The College prohibits violent acts and threats of violence. Students, employees and visitors to the campus who commit or threaten to commit acts of violence are subject to disciplinary action and/or civil or criminal prosecution as appropriate. For purposes of this policy, violence and threats of violence include, but are not limited to: any physical assault, any physical or verbal threat, or behavior or action which is interpreted by a reasonable person to carry the potential:

• To harm or endanger the safety of others
• To result in an act of aggression
• To willfully destroy or damage property

If an individual is subject to violent acts or threats of violence, or believes that a serious violation of the College’s violence prevention policy exists, a supervisor or any member of College administration should be contacted. No retaliation shall be taken against any employee who reports an alleged serious violation of the College’s workplace violence policy.

This policy is applicable to all College employees, students, vendors and their employees, campus visitors, volunteers and College-affiliated individuals.

 

Campus and Workplace Violence

BP3.13: Immigration Law and Compliance

The College is committed to employing only persons who are legally authorized to work in the United States. The College does not unlawfully discriminate because of a person’s citizenship or national origin.

The College complies with the Immigration Reform and Control Act of 1986. Every new employee at the College is required to complete the Employment Eligibility Verification Form I-9 and show documents that prove identity and employment eligibility.

If an individual leaves College employment and is rehired, the individual must complete another Form I-9 if the previous I-9 is more than three years old, if the original I-9 is not accurate anymore, or if the College no longer has the original I-9.

 

Immigration Law and Compliance

BP3.14: Appointment of Non-Classified Staff

The Board of Trustees shall approve changes in the appointment status of members of the professional staff upon recommendation of the President and in accordance with the salary and benefit guideline package.

Appointment of Non-Classified Staff

BP3.15: Personnel Records

The College shall maintain personnel records for current employees, past employees and applicants for employment in order to document employment related decisions, evaluate and assess policies and operations, and comply with government requirements for recordkeeping, reporting requirements, and employee information.

Personnel Records

BP3.16: Payroll Deductions

The College’s policy and practice is to accurately compensate employees and to do so in compliance with all applicable state and federal laws. To ensure that employees are paid properly for all time worked and that no improper deductions are made, employees must record correctly all work time and review paychecks promptly to identify and to report all errors.

Review Your Pay Stub

The College makes every effort to ensure employees are paid correctly. Occasionally, however, mistakes can happen. When mistakes are called to the College’s attention, the College will promptly make any corrections necessary. Employees should review pay stubs when received to make sure they are correct.

To Report Concerns or Obtain More Information

Employees with questions about deductions from pay should immediately contact the Payroll Department. Employees who believe they have been subject to any improper deductions or whose pay does not accurately reflect hours worked should immediately report the matter to their supervisor. If the supervisor is unavailable or if the employee believes it would be inappropriate to contact that person (or if the employee has not received a prompt and fully acceptable reply), the employee should immediately contact the Payroll Coordinator or any other supervisor at the College with whom the employee feels comfortable. If the employee has not received a satisfactory response within five business days after reporting the incident, please immediately contact the Human Resources Officer.

Every report will be fully investigated and corrective action will be taken where appropriate, up to and including discharge for any employee(s) who violates this policy. In addition, the College will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in the College’s investigation of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy will result in disciplinary action, up to and including discharge.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Payroll Deductions

BP3.17: Child Protection and Mandatory Reporting

SUNY Orange employees who witness or have reasonable cause to suspect any sexual abuse of a child occurring on SUNY Orange property--or occurring off-campus during official College business or College-sponsored events--shall have an affirmative obligation to report such conduct to SUNY Orange Safety and Security or any relevant local police department immediately.

SUNY Orange is also committed to protecting the safety and well-being of children who participate in College-related programs and activities, whether on or off campus, or who utilize campus facilities for activities including, but not limited to, sports camps, and academic and personal enrichment programs. The College will adhere to the
State University of New York’s “Child Protection Policy” as follows:

Definitions:

Covered Activity: A program or activity sponsored or approved by the College or 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 the college’s on-campus child care centers.

Covered Person: 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.

Child: 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.

Children’s Camp: A camp defined under New York Public Health Law §1392.

Physical Abuse: Physical contact with a child by a covered person 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.

Sexual Abuse: Engaging in a sexual offense with a child and/or encouraging or promoting sexual performance by a child. Pursuant to the NYS Penal Law 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.

Responsible College Official: The employee of the College or College-affiliated organization, who has been designated by the Campus under Campus Responsibilities.

College-affiliated organization: The campus foundation, campus alumni association, campus auxiliary services corporation, or any other entity so designated by the College President.

Prohibited Conduct

A Covered Person shall not:
• Be alone with a child, unless the Covered Person is a relative or guardian of the child, unless one-on-one contact is approved in accordance with a determination pursuant to of this policy. In no event shall a Covered Person, who is not a relative or guardian of a child, be alone with the child in a rest room, locker room, shower, sleeping area or vehicle.
• Engage in physical abuse or sexual abuse of a child.
• Engage in the use of alcohol or illegal drugs, or be under the influence of alcohol or illegal drugs during Covered Activities.
• Enable, facilitate or fail to address a child's use of alcohol or illegal/non-prescribed drugs.
• Contact a child through electronic media, including social media, for the purpose of engaging in any prohibited conduct, including sexual conduct.
• Offer or make a gift to a child for the purpose of engaging in any prohibited conduct, including sexual conduct.
• Release a child from a Covered Activity without a written authorization from the child’s parent or guardian.

Required Conduct

A Covered Person shall:

• Take all reasonable measures to prevent physical and sexual abuse of a child, including immediately removing a child from potential physical abuse, sexual abuse or prohibited conduct as defined herein.
• Report immediately any suspected physical abuse or sexual abuse of a child to the College’s Security Department, and provide to the College’s Security Department a written report of suspected physical or sexual abuse of a child. Other reporting requirements not addressed in this Policy may apply, such as the obligations of mandated reporters under New York Social Services Law, who are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect such abuse or maltreatment has occurred
• Comply with College policy BP3.17, “Reporting/Prevention of Child Sexual Abuse”, available on the college’s webpage under Board of Trustees Policy Manual.
• Complete all required training developed pursuant to this Policy.
• Wear and display prominently at all times during the Covered Activity a lanyard or other form of identification that identifies the individual as having the responsibilities of a Covered Person.

Responsible College Official

A Responsible College Official shall:

• Confirm that the requirements of this Policy have been communicated to Covered Persons (i) – (iii) prior to the commencement of a Covered Activity.
• Confirm that New York Sex Offender Registry and National Sex Offender Public Registry searches (as described in Campus Responsibilities, below) have been obtained and reviewed for Covered Persons (i) – (iii) prior to the commencement of a Covered Activity.
• Confirm that the completed Acknowledgement of the College’s Child Protection form has been obtained from Covered Persons (iv) – (v) prior to the commencement of a Covered Activity.
• Immediately report allegations of physical abuse or sexual abuse of a child to the College’s Security Department, and complete and provide to the College’s Security Department a written report for each allegation of physical abuse or sexual abuse of a child. Other reporting requirements not addressed in this Policy may apply, such as the obligations of mandated reporters under New York Social Services Law, who are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect such abuse or maltreatment has occurred.
• Notify and coordinate with appropriate campus offices to ensure that allegations of suspected physical abuse or sexual abuse are investigated and addressed appropriately.
• Confirm that required training on this Policy has occurred prior to the commencement of a Covered Activity for all Covered Persons who are employees, volunteers, students or agents of the college or a College-affiliated organization.

Campus Responsibilities

The College and each College-Affiliated organization shall develop procedures to:
• Designate a Responsible College Official for each Covered Activity.
• Determine on a limited basis that the first sentence of section D.1. of this Policy, which prohibits a Covered Person from being alone with a child, shall not apply to certain Covered Activities when the pedagogical or health-related nature of the Covered Activity requires such one-on-one contact with a child. Examples may include tutoring, music lessons, speech therapy, or dental services.
• Communicate the requirements of this Policy to Covered Persons (i) – (v).
• By May 15, 2015 and biennially thereafter, provide for and require training on this Policy for all Covered Persons who are employees, volunteers, students or agents of the State College or a College-affiliated organization prior to the commencement of a Covered Activity
• Obtain New York Sex Offender Registry and National Sex Offender Public Registry searches for Covered Persons who are employees, volunteers, students or agents of the State College or a College-affiliated organization and complete a review of such searches not more than ninety (90) days prior to the commencement of a Covered Activity.
A.) A search of the NY Sex Offender Registry means:
i. a search of the file of persons required to register pursuant to Article 6-C of the Correction Law maintained by the NY Division of Criminal Justice Services pursuant to NY Correction Law § 168-b for every level of sex offender (Level 1 through Level 3), which requires an email, CD or hard copy submission of names and identifiers to DCJS as described on the DCJS website [url: http://www.criminaljustice.ny.gov/nsor/800info_cdsubmit.htm]; and
ii. retention of the records of the results of such search. Note that an internet search alone will not meet the requirements of this Policy.
B.) A search of the National Sex Offender Public Registry means:
i. a search by first and last name of the National Sex Offender Public Website maintained by the United States Department of Justice at this link: http://www.nsopw.gov/; and
ii. retention of the records of the results of such search.
C.) Provide for the prompt investigation and preparation of written findings by the College Security Department of reports of suspected physical abuse or sexual abuse, and if there is reasonable cause to believe a crime has been committed, coordination by the College’s Security Department with other law enforcement officials.
D.) Provide a mechanism to report and respond to allegations of retaliation (as described below).
E.) Retain documentation of the search results from the New York and National Sex Offender registries for Covered Persons who are employees, volunteers, students or agents of the College or a College-affiliated organization for six (6) years after the covered person has separated from employment.

Retaliation

Retaliatory action against anyone acting in good faith, who has reported alleged physical abuse or sexual abuse in accordance with this Policy, or who has been involved in investigating or responding to allegations of physical or sexual abuse, or who has reported a failure to comply with this Policy, is a violation of this Policy. Retaliatory acts may include, but are not limited to:
• employment actions affecting salary, promotion, job duties, work schedules and/or work locations;
• actions negatively impacting a student's academic record or progress; and
• any action affecting the campus environment, including harassment and intimidation.

Third Party Use of College Facilities

The use of College facilities by vendors, licensees or permittees for commercial and non-commercial Covered Activities shall be accomplished pursuant to a revocable permit. The following minimum terms shall be included in all such revocable permits:
1. A specific definition of the areas accessible to the Covered Activity. For example, revocable permits for sporting events held on athletic fields should include the athletic field, as well as any ancillary areas or structures where minors will be permitted, such as adjacent grounds, parking lots, rest rooms, locker rooms, accessory structures, etc.
2. A provision requiring insurance coverage in the types and amounts listed below, naming the College as an additional insured, and requiring that evidence of such insurance be provided to the College within five (5) business days of execution of the revocable permit or at minimum two weeks (14 days) prior to the scheduled use of College facilities.
a. General Liability insurance two million dollars ($2,000,000) each occurrence and two million dollars ($2,000,000) in the aggregate;
b. New York State Workers’ Compensation insurance during the term of the revocable permit for the benefit of permittee’s employees required to be covered under the NYS Workers’ Compensation Law.
c. For those instances in which a campus believes that the activity is so long or substantial and that the obtaining of such insurance will not unduly preclude beneficial use of the college’ facilities, the campus should require additional insurance in the form of: Sexual Abuse and Molestation insurance, either under the above-described general liability policy or in a separate policy, with coverage not less than one million dollars ($1,000,000). Any insurance coverage for sexual abuse and molestation insurance written on a claim made basis shall remain in effect for a minimum of six (6) months following the use of College facilities.
3. If the Covered Activity is a Children’s Camp as defined in Section C of this policy, a provision requiring permittee to provide the College with a copy of its camp operator permit issued by the New York State Commissioner of Health, either upon execution of the permit or not later than two weeks (14 days) before the scheduled use of College facilities.
4. A representation and warranty from permittee that for all of its employees and volunteers, and employees and volunteers of its sub-permittees, who shall enter upon College facilities for purposes related to Covered Activity, permittee has conducted within the ninety (90) day period preceding the use of College facilities (i) a search of the NY Sex Offender Registry; and (ii) a search of the National Sex Offender Public website.
5. A representation and warranty from permittee that for all Covered Activities: (i) it shall adhere to the American Camp Association standards for minimum staff-to-child supervision ratios, minimum staff age and minimum staff accreditation requirements (available at: http://www.acacamps.org/accreditation/stdsglance); and (ii) that the overall supervisor for each Covered Activity is an adult with certification or documented training and experience in the Covered Activity.
6. A representation and warranty from permittee that any transportation it provides for participating minors to and from the College grounds shall conform to the American Camp Association’s transportation standards (available at: http://www.acacamps.org/accreditation/stdsglance).

A provision requiring written acknowledgement from permittee that it has received a copy of the College’s Child Protection Policy and agrees to abide by all of its terms, including its requirement that any suspected physical or sexual abuse be immediately reported to the College Security Department.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Amended: Feb. 18, 2015

 

Child Protection and Mandatory Reporting

BP3.18: Affirmative Consent

In accordance with the State University of New York, SUNY Orange 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.”

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.

Amended: Sept. 23, 2015

Affirmative Consent

BP3.19: Consensual Relationships

SUNY Orange faculty and staff are prohibited from entering into romantic, intimate, and/or sexual relationships with students if there is an existing supervisory, evaluative or instructional relationship, unless the relationship is disclosed and supervision, evaluation or instruction is terminated in accordance with the policy. Entering into or continuing in such a relationship can subject the faculty or staff member to discipline up to and including termination.

SUNY faculty and staff are prohibited from supervising any employee with whom they are engaged in a romantic, intimate, and/or sexual relationship. Faculty and staff who seek to enter into a romantic, intimate, and/or sexual relationship with any employee for whom they provide supervision must notify their direct supervisor or unit head, and Associate Vice President of Human Resources or their designee. The Associate Vice President of Human Resources or designee shall notify the Vice President, or equivalent, overseeing the relevant division. Initial disclosure must occur within two (2) business days of commencement of the romantic, intimate, and/or sexual relationships. The employee’s supervisor, in concert with the Associate Vice President of Human Resources or designee, and divisional Vice President or equivalent shall determine whether an alternative supervisory structure is possible and, if so, shall direct the employees to the alternative supervisory structure. Even if the relationship concludes (whether amicably or not), the covered employee may never supervise the other employee. Entering into or continuing in such a relationship can subject the faculty or staff member to discipline up to and including termination.

Relationships between faculty or staff and a student, or supervised employee that pre-date enrollment as a student or hire as staff are permissible provided that the relationship is disclosed to the faculty or staff member’s direct supervisor or unit head and Associate Vice President of Human Resources or designee. Disclosure must occur within two (2) business days of enrollment or hire. Failure to timely notify appropriate staff can subject the faculty or staff member to discipline up to and including termination.

Students also serving as employees are prohibited from entering into romantic, intimate, and/or sexual relationships with students over whom they have a current academic or other supervisory relationship. Relationships between student-employees and students over whom they have a current academic or other supervisory relationship that pre-date the supervisory relationship are permissible provided that the relationship is disclosed to the faculty or staff member’s direct supervisor or unit head and the Associate Vice President of Human Resources or designee. Disclosure must occur within two (2) business days of enrollment or hire.

Reports of violations of this policy may be brought to the campus Title IX Coordinator, the Associate Vice President of Human Resources or their designee, or the Office of the President.

The Board of Trustees directs the President to develop such procedures as to fairly implement this policy.

Adopted: Feb. 27, 2019

Consensual Relationships