Definitions of Terms Related to Student Conduct

Term	Definition
Adviser	Adviser means any person identified by a student to support or assist them through the student conduct process. Examples of advisers include but are not limited to parents, mentors, lawyers, or peers.
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 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 Consent may be initially given but withdrawn at any time.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 cannot otherwise consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants maybe 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 When consent is withdrawn or can no longer be given, sexual activity must stop.
Bias	Bias is behavior which constitutes an expression of hostility, including but not limited to verbal or physical acts against the person or property of another that is based on the targeted person's actual or perceived age, creed, disability, ethnic or national origin, gender, gender identity, gender expression, marital status, political or social affiliation, race, religion, or sexual orientation.
College	College refers to Onondaga Community College.
College Official	College Official includes any person employed by the College, on a full time, part-time, or temporary basis, performing assigned administrative or professional responsibilities.
College Premises	College premises includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College.
Director	Director refers to the Director of Students’ Rights, Responsibilities, and Residence Life or their designee.
Dating Violence	New York law does not specifically define "dating violence." However, under New York law, intimate relationships are covered by the definition of domestic violence when the act constitutes a listed crime and is committed by a person in an "intimate relationship" with the victim. See "family or household member" for definition of "intimate relationship."
Disorderly Conduct	Prohibited and/or disruptive behavior on Onondaga Community College premises or at off campus sponsored activities which interfere with the activities of others, including the ordinary functions of Onondaga Community College as an institution. This includes, but is not limited to, obscene, indecent, or grossly inconsiderate behavior, exposure of others to highly offensive conditions, and disregard for the privacy of self or others.
Domestic Violence	Under New York law, domestic violence is an act which would constitute a violation of the penal law, including, but not limited to: disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching of blood circulation, or strangulation; creates a substantial risk of physical or emotional harm to a person or a person's child; and, is committed by a family member. The victim can be anyone 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' child is a victim of the act.
Drugs/Controlled substances	Illegal drugs, look-alike drugs, or prescription drugs prescribed to another person, Salvia or other hallucinogens. Look-alike drugs include, but are not limited to “imitation drugs” or synthetic materials that are either not intended for human consumption or used to produce effects similar to an illegal drug or a substance or drug being used for an unintended purpose (e.g., synthetic cannabis, herbal incense, and or herbal smoking blends, bath salts, whip-its, and other similar products).
Harassment	Behavior in any form, including via electronic media, which is beyond the bounds of protected free speech, directed at a specific individual(s), that is so severe or pervasive that it interferes with an individual's employment, academic performance, or participation in Onondaga Community College programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. Harassment includes bullying and cyberbullying.
Hate Crime	A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the accused's bias against the victim.
Hazing	An intentional or reckless act which endangers the mental health, physical health, or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of College Policy.
Preponderance of Evidence	Having enough information to support that the act "more likely than not" occurred and was committed by the responding individual.
Respondent	Respondent means any student or student organization accused of violating the student code of conduct.
Retaliation	An adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying. Any individual who participates in any of the sexual harassment or sexual violence reporting procedures has the right to do so without fear of or actual retaliation. Retaliatory behavior by someone, or anyone acting on their behalf, against anyone whom they may believe have cooperated in the investigation and/or conduct process is strictly prohibited and may result in disciplinary action.
Sanction	Sanction is a requirement or status that is imposed as a result of either accepting responsibility or being found responsible for violating the prohibited behaviors.
Sexual Assault	The term "sexual assault" is not used in the New York State penal code. Instead, NYS law uses the terms "rape," "fondling," "incest," and "statutory rape," which meet the federal definition of sexual assault as used in the Federal Bureau of Investigation's Uniform Crime Reporting program.
Sexual Harassment	Unwelcomed sexual advances, requests for sexual favors, and/or other unwelcomed verbal or physical conduct of a sexual nature that substantially interferes with a person's performance or creates an intimidating, hostile or offensive environment.
Sexual Violence	Physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol, or due to an intellectual or other disability. Acts of sexual violence include rape, sexual assault, sexual battery, and sexual coercion.
Stalking	Occurs when one person engages in a course of conduct which is directed at a specific person and that course of conduct causes that person to be in fear of harm to himself or herself, property, a member of his/her immediate family, or an acquaintance. Cyber stalking is a form of stalking which can include, but is not limited to, phone, text, IM, Facebook, and other electronic means.
Student	Includes persons enrolled in our auditing courses, either full-time or part-time, from the time of initial enrollment through the actual awarding of a degree, including the time before classes begin, during the academic year, after classes end, and during periods between terms of actual enrollment.
Student Organization	Means any number of persons who have complied with the formal requirements for College recognition or that would otherwise be considered a student organization or student group. This includes, but is not limited to, recognized student organizations, athletic teams, and performance groups.
Weapon	Includes, but is not limited to, (a) firearms, such as handguns, shotguns, rifles, pellet guns, machine guns, stun guns, tasers, or electronic stun weapons; (b) explosives, such as bombs, grenades, blasting caps, or other containers containing explosive substances; (c) other equipment, material, and devices that, in the manner they are used could ordinarily cause harm, or a readily capable of causing serious bodily injury, and (d) items not normally viewed as a weapon used in such a way that could reasonably cause harm.