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  Apr 17, 2014
 
 
    
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Campus Policies


Student Handbook

Students share responsibility with the faculty and administration for establishing and maintaining standards of behavior that enhance learning and growth for the entire community. Students are expected to become familiar with the content of the Student Handbook and review the Student Conduct Code, available online for Russell Sage and Sage College of Albany, as well as in the Dean of Students offices on both campuses. The handbooks for each College contain additional information regarding student life, extracurricular activities, and academic policies.

Religious Policy Statement

The Sage Colleges recognize the value of participation in and observance of religious obligations and practices by individual students. No student will be penalized because a religious observance prevents participation in any course requirement. An opportunity will be provided for each student to make any requirement missed for an absence due to religious observance. A student who intends to be absent from classes for a religious observance must notify each instructor in advance and make arrangements to cover missed course materials and to complete the course requirement(s) missed. The College reserves the right to confirm the existence of the observance through an interfaith calendar.

Policies on Alcohol and Other Drugs

The Drug-Free Schools and Communities Act Amendments of 1989 require each educational institution, as a condition of receiving funds or any form of financial assistance under any federal program, to certify that it has adopted and implemented a program to prevent the unlawful possession, use, and distribution of alcohol or illicit drugs by students and employees.

The Sage Colleges Alcohol and other Drug Prevention Program is designed to:

  1. Promote student adherence to applicable federal and state laws;
  2. Stress safety, responsibility, and individual accountability for those who choose to drink alcohol;
  3. Provide an environment free of coercion for those who choose not to drink;
  4. Promote an environment that is incompatible with the abuse of alcohol and other drugs and in which healthy, low-risk behaviors are emphasized;
  5. Provide information and education for all members of the college community; and
  6. Provide counseling and/or referrals to students with substance abuse concerns.

In compliance with these standards, the College must disseminate its Alcohol and other Drug Policies in writing to all students and employees, on a yearly basis. The College will also conduct a biennial review of its program to determine its effectiveness, implement needed changes, and ensure that disciplinary sanctions are consistently enforced.

Each member of the community is responsible for contributing actively to and sustaining a healthy campus environment. Community members are expected to be law-abiding, knowledgeable and thoughtful about decisions regarding alcohol consumption. The College provides information about alcohol use and abuse and urges all community members to become informed consumers or non-consumers.

The College encourages those with concerns about their own or others’ possible difficulties with alcohol and/or drugs to seek confidential and private assistance on or off campus. Such assistance is available through the Wellness Center, the Residence Life or Dean of Students Office for each College, or the Human Resources Office.

Alcohol, Drugs, and the Law

Laws relating to alcohol and drugs exist at all levels of government. As a general rule, federal and state laws prohibit the manufacture, sale, use or possession of illegal drugs, also known as controlled substances. State and local laws are used to regulate behavior related to alcohol. The primary laws regulating behavior related to controlled substances are Title 21 of the U.S. Code and the New York Penal Law. Both prohibit the manufacture, sale, use or possession of controlled substances. Both laws also provide penalties for violation of their provisions. Penalties vary in severity, according to many factors such as:

  • whether a drug is sold or possessed
  • specific drug sold or possessed
  • quantity of drug sold or possessed
  • age of the person to whom a drug is sold
  • location where a drug is sold
  • criminal history of the accused

Those penalties may include any of the following or combinations of the following:

  • imprisonment
  • fine
  • probation
  • community service
  • asset forfeiture

Both laws classify crimes as either felonies or misdemeanors. Felonies are those crimes that are punishable by more than one year in prison. Misdemeanors are those crimes that are punishable by less than one year in jail. The New York Penal Law has a third classification, called violations, which are not considered to be crimes and which are punishable by no more than 15 days in jail and fines of no more than $100.

New York State Law

Offenses against the Alcohol Beverage Control (ABC) Law are violations and generally punishable by fines of no more than $100, and/or imprisonment of no more than 15 days. Some offenses carry more severe penalties for repeat offenders and some allow the imposition of a community service requirement/and/or an alcohol education program.

Sec. 65 provides that no person shall sell, deliver or give away, or cause or permit or procure to be sold, delivered, or given any alcoholic beverages to any person, actually or apparently, under the age of 21 years; any visibly intoxicated person; or any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages.

Sec. 65-a prohibits the misrepresentation of age of a person under the age of 21 for the purpose of inducing the sale of alcoholic beverages.

Sec. 65-b prohibits the purchase or attempted purchase of alcoholic beverages through fraudulent means by a person under the age of 21.

Sec. 65-c prohibits the possession with intent to consume of an alcoholic beverage by a person under the age of 21.

Vehicle and Traffic Law

Offenses against the Vehicle and Traffic Law may be violations, misdemeanors or felonies, depending generally on the blood alcohol content of the offender or previous convictions. Penalties may include fines, probation, imprisonment, community service, loss of driving privileges and alcohol awareness programs. Be aware that loss of driving privileges may occur prior to a finding of guilt. Also, be aware that automobile crashes that involve an intoxicated operator causing injury or death may result in assault or homicide charges against the operator.

Sec. 1192 prohibits the operation of a motor vehicle while:

  • the driver’s ability to operate a motor vehicle is impaired by the consumption of alcohol,
  • the driver’s ability to operate a motor vehicle is impaired by drugs, or
  • the driver is intoxicated, per se, as determined by a chemical analysis of the blood, breath, urine or saliva measuring the BAC to be more than .08 of one per centum by weight.

Sec. 1192-a prohibits the operation of a motor vehicle by a person under 21 years of age after having consumed alcoholic beverages.

Sec. 1227 prohibits the consumption of alcoholic beverages or the possession of an open container containing an alcoholic beverage in a motor vehicle.

Public Health Law

The New York State Public Health Law regulates behavior considered to be harmful in many areas, such as communicable diseases, sexually transmitted diseases, smoking and drugs. Specifically, Article 3300, also known as the New York State Controlled Substance Act, prohibits the manufacture, sale, or possession of the same drugs as prohibited by the Penal Law. Additional prohibitions of the Public Health Law include:

Sec. 3304.2 prohibits possession of a New York State prescription except as lawfully written by a physician, etc.

Sec. 3345 prohibits the possession of a prescription drug outside the container in which it was originally dispensed.

Sec. 3380 prohibits the use, possession or sale of hazardous inhalants such as glue, cement, gasoline or nitrite compound for the purpose of causing intoxication, inebriation, excitement, etc.

Sec. 3381 prohibits the possession or sale of a hypodermic needle or syringe except pursuant to a lawful prescription.

Sec. 3382 prohibits the growing of a plant of the genus cannabis, or the failure to destroy such a growing plant on one’s property.

Sec. 3383 prohibits the manufacture, sale or possession of any substance that appears, either by markings or packaging, to be a controlled substance that, in fact, is not a controlled substance.

Sec. 3397 prohibits persons from obtaining or attempting to obtain a controlled substance, a prescription for a controlled substance or an official prescription form by fraud, deceit, misrepresentation or subterfuge.

Penal Law

Most crimes involving the unlawful possession and distribution of drugs are defined under the New York Penal Law, which contains exhaustive lists of various controlled substances, specific types of offenses, and sanctions ranging from a fine or not more than $100 to imprisonment for life.

Sec. 120.05.5, assault in the second degree, prohibits the administration to another, without his consent, of a drug, substance or preparation capable of causing stupor, unconsciousness or other physical impairment or injury.

Sec. 130.00.6 provides that administration of a narcotic or intoxicating substance to another, without their consent, that causes them to become mentally incapacitated, renders the administrator guilty of rape, sodomy or sexual abuse upon the requisite sexual activity. In more simple terms, sexual conduct following the unwitting consumption of so called “date rape” drugs or “spiked” drinks makes those who administered the drug guilty of rape, sodomy or sexual abuse.

Sec. 170.05, forgery in the third degree, prohibits the making, completing or altering of a written instrument with intent to defraud, deceive or injure another. This section can be used to charge a person who alters a driver ’s license or other official form of identification for the purpose of obtaining alcoholic beverages.

Sec. 170.20, criminal possession of a forged instrument, prohibits the possession of a written instrument as described above, regardless of who made, completed or altered it.

The Sage Colleges Alcohol and Drug Regulations

The Sage Colleges abide by federal and state laws prohibiting the possession, use, or distribution of illegal drugs or narcotics and will not interfere with the legal prosecution of any member of the College community who violates these laws.

  • In compliance with New York State law, students at The Sage Colleges under the age of 21 may not purchase, nor possess with the intent to consume, alcoholic beverages.
  • Alcoholic beverages may not be sold to anyone on either Sage campus unless it is under the license of a college approved vendor or caterer.
  • Open containers of alcohol are not permitted in public areas.
  • On- and off-campus events sponsored by student organizations must receive prior approval of the Dean of Students and comply with party regulations (see Party Regulations in the Student Handbook).
  • In the Albany Residence Hall, the use or possession of alcohol by any resident or guest, regardless of age, is prohibited.
  • On the Troy campus, students who are under 21 years of age may not consume alcohol in their residence hall rooms.
  • Kegs or bulk containers are not permitted in the residence halls.
  • Students who violate these regulations are subject to disciplinary sanctions as outlined in the Student Conduct Code.
  • Possession, sale or use of illegal drugs or drug paraphernalia, or being present where illegal drugs are being used, is prohibited on the Sage campuses.
  • Individuals possessing illegal drugs or any drug paraphernalia, using illegal drugs or present where illegal drugs are being used will be subject to confiscation and review by the appropriate college administrator.
  • The odor of marijuana in student rooms, corridors, lounges, or public areas is sufficient evidence to warrant investigation by a staff member and imposition of sanctions.

Any student judged guilty of illegal drug use on College property will be subject to immediate disciplinary action, which may involve suspension or dismissal. This action will be taken independently of any action that might be taken by municipal, state, or federal agencies.

Disciplinary Sanctions

The Sage Colleges will impose disciplinary sanctions on students and employees who violate the aforementioned standards of conduct. Among the sanctions which may be imposed on students are: warning, fine, parental notification, mandated alcohol/drug assessment, alcohol education, probation, community service, suspension, expulsion, or referral for prosecution. Among the sanctions which may be imposed on employees are: verbal warning, written reprimand, suspension with or without pay, termination or referral for prosecution.

Health Risks

Students and employees should be aware of the health risks associated with the use and abuse of alcohol and illicit drugs. Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including domestic violence, child abuse, and rape. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants to the central nervous system, much lower doses of alcohol will produce the effects described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can lead to permanent damage of vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with Fetal Alcohol Syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other individuals of developing problems with alcohol.

Drugs interfere with the brain’s ability to take in, sort and synthesize information. They distort perception, which can lead users to harm themselves or others. Drug use also affects sensation and impairs memory. In addition to these general effects, specific health risks including substance dependence and death are associated with particular categories of controlled substances.

Campus and Community Resources for Help

Students and employees of The Sage Colleges who have concerns about alcohol and/or drugs for themselves or others, can contact any number of resources on campus and in the community for confidential help.

On Campus

Wellness Center

  • Troy Campus, Kellas Hall (518) 244-2261
  • Albany Campus, Kahl Campus Center (518) 292-1917

The Sage Colleges Alcohol and other Drug Education Coordinator

  • Troy Wellness Center, Kellas Hall (518) 244-2261
  • Provides assessments and interventions, short-term counseling, referrals, consultations, educational programs, literature, and peer education.

All alcohol and/or drug related services are free and strictly confidential.

Off Campus

Employee Services (Employee Assistance Program)

  • 1-800-252-4555
  • Provides free, confidential, professional assistance to any Sage employee and/or family member.

Community/Self Help Resources

(all numbers in 518 area code)

Albany Citizens Council on Alcoholism and Other Chemical Dependencies 434-8083
Equinox, Albany 434-6135
Hope House, Albany 427-8207
St. Peters Addiction & Recovery Center, Albany 458-8888
Conifer Park, Troy 274-5143
Hudson Mohawk Recovery Center, Troy 272-3918
Rensselaer County Substance Abuse Services, Troy 270-2800
Alcoholism Council of Schenectady 346-4436
Alcoholics Anonymous 463-0906
Narcotics Anonymous 800-559-9503
Al-Anon/Adult Children 477-4476

Tobacco-Free Policy

The Sage Colleges are dedicated to providing a healthy, comfortable and productive living and work environment for our faculty, staff, administrators and students and a healthy, comfortable and safe environment for our visitors.

Policy

Due to the acknowledged health hazards arising from tobacco products, including exposure to secondhand smoke, it shall be the policy of the Sage Colleges to provide a tobacco-free environment for all employees, students and visitors beginning January 1, 2012.  This policy covers tobacco of any kind, including the use of smokeless or “spit” tobacco and applies to all employees, students and visitors of the Sage Colleges.

  1. The use of tobacco or tobacco products is prohibited in or on any Sage College facility or property, owned or leased, at any time.
  2. The use of tobacco or tobacco products is prohibited in any Sage College vehicle at any time.
  3. The sale of tobacco products on campus is prohibited.
  4. The use of tobacco advertisements are prohibited in Sage sponsored publications.

In keeping with Sage’s commitment to protect and promote the health of its employees, students, visitors and other campus constituencies, and the public in general it is Sage’s policy to provide a tobacco-free environment in all institute facilities and outdoor areas in full conformance with applicable status including the New York State Clean Indoor Air Act (Public Health Law Article 13-E).

Definitions

“Tobacco” and “tobacco products” - includes tobacco of any kind, including the use of smokeless tobacco, “spit” tobacco, electronic cigarettes, cigars, cigarettes, pipes or any other smoking material or device.

Institute facilities/property - any campus building, owned or leased, including but not limited to: private offices, lounges, dining areas, recreational facilities, all college owned, leased or rented vehicles, and any personally owned, leased or rented vehicles parked on Sage property.

Campus - Any college outdoor area that is open to access by the public or campus community, including but not limited to parking lots, sidewalks, athletic fields, lawn areas and any institute facility entrance or egress.

Albany Campus - The area within the borders of New Scotland Avenue on the North, Academy Road on the West, the fence separating Sage and Parsons on the South, and the tree line adjacent to the parking lot on the East. Also included is the Armory Building and surrounding property.

Troy Campus - The outdoor areas within the borders of Congress Street on the North, First Street on the West, Division Street on the South and Second Street on the East, as well as the following properties: 17-33 Congress Street (1 Park Place), 46 First Street, 30 Congress Street, 51-107 First Street, 86-90 First Street, 74 First Street, 92 First Street, 96-102 First Street, 111 Second Street, 100 River Street, 10 Division Street, 12 Division Street, 14 Division Street, 111 First Street, 113 First Street, 115 First Street, 117 First Street, 68 River Street, 1-7 Gale Place, 133 First Street, 63-65 First Street, 101 Liberty Street, 51 Congress Street, 45-59 Congress Street, 53-55 Congress Street, Franklin Street, 61 Ferry Street, 113 Second Street, 35-37 Division Street, 106 Second Street, 127 Third Street, 159 Third Street, 140 Second Street.

Neff Center - The properties of 1017 Fifth Avenue, 1010 Fifth Avenue, 1008 Fifth Avenue, 100 Fifth Avenue.

Enforcement of Sage Tobacco Free Policy

1.  Enforcement of the Sage Colleges Tobacco Free policy shall be the responsibility of the entire Sage community.  Students, faculty, staff and administrators are expected to fairly, politely and firmly engage in peer enforcement, and when required, report violations of the policy to supervisors.  Enforcement of the policy shall be in a manner of “progressive discipline.”

2.  For the purpose of this policy, “supervisors” shall mean: (i) appropriate Dean of Students for students; (ii) immediate supervisor for staff and administrators; (iii) department chair or academic Dean for faculty members.

3.  Any student or employee of the Sage Colleges who observes or otherwise suspects that another person is using tobacco products on any property or in any vehicle owned or leased by Sage shall promptly, firmly and politely advise that person of the tobacco free policy.  If the person is a member of the Sage community and refuses to comply, the offending person’s supervisor should be immediately notified.

4.  If the offending person is not a member of the Sage community and refuses to comply, Public Safety should be notified to escort person off campus.

5.  Any student or employee of the Sage Colleges who observes or otherwise suspects that another person is using tobacco products on any property or in any vehicle owned or leased by Sage and who has been advised of the policy for a previous violation, shall immediately notify the supervisor of the offending party.

6.  Upon notification of a supervisor, the supervisor shall arrange a meeting with the offending person.  During the meeting, the supervisor shall: (i) reiterate the Sage Tobacco Free policy; (ii) discuss the reasons for the policy; (iii) discuss the benefits of the policy; (iv) discuss strategies for assisting the employee in complying with the policy; (v) discuss the resources available for smoking cessation; (vi) reprimand the offender for violation of the policy.

7.  Upon notification of a supervisor of a subsequent violation of the policy by the same offender, the supervisor shall prepare a written reprimand (3 copies) for the offender that contains items 1, 4 and 5 as above, and further advises the offender that future violations of the policy will result in serious disciplinary action, up to and including termination from employment or expulsion from studies at Sage.  Any subsequent disciplinary action would be determined according to the appropriate student/employee/faculty handbook or union contract.  The supervisor shall have the offender sign and return one copy of the reprimand, retain one copy for self and forward the third copy to Human Resources.

8.  Subsequent violations of the policy by the same person shall result in a level of discipline that: (i) convinces the offending party to comply with the Tobacco Free policy; and, (ii) demonstrates to the Sage community the importance of compliance with the Tobacco Free policy.

*Anyone organizing an event that brings outsiders to campus is responsible for communicating this policy to its attendees.  Visitors to campus in violation of the policy will be informed of the policy and if they refuse to comply will be removed from campus.*

As we work towards our goal of keeping our campuses free of tobacco-litter, please be respectful of the surrounding communities and private properties located in proximity of our campuses.

Discrimination and Harassment Policy

Trish Cellemme, Vice President for Student Life, is the individual designated by the College to coordinate its efforts to comply with Title IX. Caryn Kent, Director of Human Resources, is the individual designated by the College to coordinate its efforts to comply with Title VI, and other applicable nondiscrimination laws and regulations.  Katherine Norman, Director of Disability Services, is the individual designated by the College to coordinate its efforts to comply with Section 504.  Questions or concerns regarding the scope and application of The Sage Colleges nondiscrimination against individuals with disabilities should be directed to the Sage Colleges Section 504 Compliance Officer, Katherine Norman, Director of Disability Services, Third Floor of the Albany Library and Hart Hall, the Sage Colleges 518-292-8624, 518-244-2208.  Questions or concerns regarding the scope and application of the remainder of the Sage Colleges nondiscrimination policy should be directed to the Sage Colleges Title IX Coordinator, Trish Cellemme, Vice President for Student Life, KCC 145, 518-292-1710, and Affirmative Action Officer, Caryn Kent, Director of Human Resources, Plum III, the Sage Colleges, 518-244-2391.

Policy on Non-Discrimination and Harassment

The Sage Colleges is committed to providing a work and learning environment that is free from discrimination and harassment by anyone based on an individual’s race, color, gender identity, characteristics and expression, sexual orientation, age, religion, national origin, marital status, military or veteran status, physical or mental disability, domestic violence victim status, genetic predisposition and carrier status, previous convictions or arrests as specified by law or based on the fact that the individual has engaged in activity protected by federal or state laws prohibiting discrimination.  Prohibited harassment of any sort, whether verbal, physical or visual, will not be tolerated.

Matters Covered Under These Procedures

Matters covered under these procedures in the employment relationship include, but are not limited to, recruitment, hiring, job assignment, compensation, promotion, discipline, termination, and access to benefits and training.  Matters covered in the academic setting include, but are not limited to, admission, housing, allocation of financial aid, use of college facilities, and the assignment of grades.

What is Prohibited Harassment?

Prohibited harassment is a form of discrimination.  In general, it can consist of words, signs, jokes, pranks, intimidation, or physical acts of violence based on the protected characteristics of an employee or student, which alters the work or educational environment of that employee or student.  While the most well-known type of prohibited harassment is sexual harassment, applicable laws and/or this policy also prohibit harassment based on an individual’s race, color, gender identity, characteristics and expression, sexual orientation, age, religion, national origin, marital status, physical or mental disability, military or veteran status, domestic violence victim status, genetic predisposition and carrier status, or previous convictions or arrests as specified by law.  Retaliatory harassment resulting from the fact an individual has engaged in protected activity (i.e., opposition to prohibited discrimination or participation in a statutory complaint process) is also prohibited.  This prohibition applies to anyone on the Sage Colleges campuses.  The Sage Colleges are committed to preventing and correcting all such harassment, not just harassment which is severe or pervasive enough to provide the basis for a claim under federal or state law.

Sexual Harassment

Sexual harassment may involve the exploitation of an unequal power relationship (for example, between employee and supervisor or between a student and teacher), or may occur between student peers or employees of equal rank.  At the Sage Colleges, sexual harassment also constitutes unprofessional conduct which compromises the Colleges’ commitment to the pursuit of learning.  The Sage Colleges will not tolerate any form of sexual harassment.

Harassment on the basis of sex is discrimination under Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972 and the New York Human Rights Law.  Illegal sexual harassment includes, but is not limited to, unwelcome:  sexual advances; flirtation; propositions; verbal remarks of a sexual nature (whether directed to an individual or a group); vulgar language; sexually explicit, offensive or gender-based jokes and comments; sexual or gender-based comments about an individual or an individual’s appearance; sexually suggestive visual displays such as cartoons, posters or calendars; physical contact or physical assault.  Sexual harassment is not limited by the gender of either party.  Nor is it limited to supervisor-subordinate or teacher-student relationships.

Unwelcome conduct of a sexual nature violates the law when it creates an intimidating, hostile or offensive work or educational environment, and/or where acceptance or rejection of unwelcome sexual advances is the basis for making an academic or a personnel decision.  However, this policy prohibits all forms of sexual harassment, regardless of whether the harassment may give rise to a legal claim.

Other Types of Harassment

Prohibited harassment on the basis of race, color, gender identity, characteristics and expression, sexual orientation, age, religion, national origin, marital status, physical or mental disability, military or veteran status, domestic violence victim status, genetic predisposition and carrier status, previous convictions or arrests as specified by law, or any other protected basis, includes behavior similar to sexual harassment, such as verbal conduct (including threats, epithets, derogatory comments or slurs), visual conduct (including derogatory posters, photographs, cartoons, drawings, or gestures), or physical conduct (including assault, unwanted touching, or blocking normal movement).  The Sage Colleges will not tolerate any such harassment.

Reporting Discrimination/Harassment

Each student and employee of the Sage Colleges has an obligation to report discrimination and prohibited harassment to an appropriate College official.  Any student who believes he or she is the victim of discrimination or prohibited harassment should report it to the Compliance Officer with whom he or she feels most comfortable.  The identities of these individuals are provided below.  If for some reason you do not feel comfortable reporting discrimination or prohibited harassment to one of those individuals, you may also report it to any senior officer.

All students and employees of the Sage Colleges are responsible for keeping our environment free from discrimination or prohibited harassment.  For that reason, if you observe or otherwise learn of conduct which may constitute discrimination or prohibited harassment, even if you are not the victim of that conduct, you must report the conduct to any Compliance Officer.

Investigation of Complaints

When the College becomes aware that discrimination or prohibited harassment may exist, it is obligated by law to take prompt and appropriate action.  Failure to do so is considered a violation of the Sage Colleges Discrimination/Harassment Complaint Policy & Procedure.

Once a complaint of discrimination or prohibited harassment has been made either in writing or orally, or observed discrimination or harassment has been reported, the Director of Human Resources (or his or her designee) will make an initial assessment regarding the validity of the complaint.  Unless the complaint is determined to be invalid (e.g., erroneous information, mistaken identity, etc.), the Director of Human Resources (or his or her designee) shall promptly conduct a complete, thorough and impartial investigation.  If the Director of Human Resources (or his or her designee) is involved in the alleged discrimination or harassment or otherwise unable to conduct the investigation, another person will be designated by the President to conduct the investigation.  If it would be inappropriate for the Director of Human Resources or President to designate a person to conduct the investigation, then the Chair of the Board of Trustees will so designate.  In addition, while the investigation is being conducted, appropriate intermediate steps to end the discrimination and/or harassment will be taken.

The time necessary to complete an investigation will vary depending upon the facts of a particular case.  In most cases, investigations will be completed within seven to ten business days of receipt of a complaint.  After completing the investigation, both the complaint and the individual alleged to have engaged in discrimination and/or harassment will be informed of the conclusions reached by the investigator.

Confidentiality

The Sage Colleges will, to the extent possible, maintain confidentiality with respect to complaints of discrimination and prohibited harassment.  However, there is no such thing as an unofficial complaint of discrimination or harassment.  Once the College or its supervisors become aware of a complaint, the College is required by law to take action consistent with this policy.  These actions may require disclosure of the allegations to the extent necessary to conduct a complete and thorough investigation.

Remedial Measures

If the investigation reveals that discrimination and/or prohibited harassment did occur, the College will take all appropriate measures necessary to end the discrimination and/or harassment, prevent future discrimination and harassment, and correct any personnel or academic decisions made which are related to the discrimination/harassment.

Prohibition of Retaliation

The Sage Colleges will not permit retaliation of any kindagainst anyone who opposes a discriminatory action, makes a good faith complaint about discrimination and/or harassment, or furnishes information or participates in any manner in an investigation of such a complaint.  Retaliation includes any conduct, whether or not workplace or employment related, directed at someone because he or she made a complaint of discrimination or participated in such an investigation, which might deter a reasonable worker from making or supporting a charge of harassment or discrimination.

Retaliation is unlawful and will not be tolerated.  Any student or employee who feels as though someone has subjected him or her to retaliation as a result of a complaint or participation into the investigation of a complaint should contact a Compliance Officer immediately.

Discipline

The Sage Colleges takes complaints of discrimination, prohibited harassment, and retaliation with the greatest seriousness.  For that reason, any individual who is found to have engaged in conduct which violates this policy will be subject to discipline.  That discipline may take a variety of forms, depending upon the circumstances of a particular case, and may include termination of employment for faculty and staff.  For students, discipline may include dismissal from the Sage Colleges.

Engaging in discrimination, prohibited harassment, or retaliation may also lead to civil and/or criminal action under state or federal law.  Any employee who, in violation of the College’s policy, engages in discrimination, prohibited harassment or retaliation, is acting outside the scope of his or her employment and may be personally liable for such actions and their consequences.  In the event legal proceedings are commenced against such an employee, the College will not provide legal, financial or other assistance.

Compliance Officers

In addition to Trish Cellemme, the Designated Campus Compliance Officer, the Sage Colleges has appointed certain individuals as Compliance Officers.  The Compliance Officers are responsible for receiving complaints of discrimination and harassment and for assisting in the resolution of those complaints.  In addition, Compliance Officers are responsible for being proactive in creating an atmosphere which will inhibit discrimination or harassment.  Complaints of harassment and/or discrimination should be directed to the following persons:

  • Vice President for Student Life, currently Trish Cellemme, Kahl Campus Center, 292-1710
  • Dean, Sage College of Albany, TBA, Kahl Campus Center, 292-1704
  • Dean, Russell Sage College, TBA, Vanderheyden Hall, 244-2466
  • Dean of Students, Sage College of Albany, currently Sharon Murray, Kahl Campus Center, 292-1753
  • Dean of Students, Russell Sage College, currently Michael Baumgardner, McKinstry Student Center, 244-2207

If for some reason you are not comfortable directing your complaint to the individual(s) designated below, make your complaint to any senior officer.

Policy on Sexual Assault

What is Sexual Assault?

Sexual assault is a crime. It is sexual violence directed at an individual. It involves the use of force or coercion or involves the threat of force to the point an individual feels physically or emotionally powerless. Sexual assault is an expression of hostility, aggression and dominance. It is any sexual act that is committed against an individual without the person’s consent.

The Sage Colleges educate their student populations about domestic violence, dating violence, sexual assault, stalking, and rape and acquaintance rape through a mandatory orientation program for all incoming students and new employees that promotes awareness and prevention. The University Heights Association’s Office of Public Safety also makes training and educational programming on those topics available to student and staff groups upon request.  Literature on the topics is also available the Dean of Students Offices, and the Wellness Centers.

Do not blame yourself; this was not your fault and/or sexual assault is never the victim’s fault.

Prohibited Acts

The Sage Colleges strictly prohibits any acts of forcible and non-forcible sex offenses.  The FBI’s National Incident Based Reporting System defines a forcible sex offense in general as any sexual act directed against another person, forcibly and/or against that person’s will, or not forcibly or against the person’s will where the victim is incapable of giving consent.  A non-forcible sex offense is defined as unlawful, non-forcible sexual intercourse and includes incest and statutory rape.

  • Forcible sex offenses include:  Forcible Rape, which is defined as sexual intercourse with another person forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity or his/her youth.  This offense includes the forcible rape of both males and females;
  • Forcible Sodomy, which is defined as oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity or his/her youth;
  • Forcible Fondling, which is defined as the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental incapacity or his/her youth; sexual assault with an object, which is defined as the insertion of any object, however slightly, in the vagina, urethra, penis, or rectum of another person forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity or his/her youth.

Procedure for Responding to Sexual Offenses

If you are the victim of a sexual offense on or off campus you are strongly encouraged to follow the following procedures:

1.  Get to a safe place as quickly as possible.   UHA Public Safety and the Albany or Troy Police Department can help you do this.  Officers of those agencies are trained to respond to the needs of a victim of sexual assault.  They can also make you aware of support and advocacy services and advise you about reporting procedures and requirements.

2. Obtain medical attention if it is required.  We encourage you to do so at a facility that uses Sexual Assault Nurse Examiners (SANE).  Albany Medical Center, Memorial Hospital, and Samaritan Hospital are SANE facilities.  Remember that this medical treatment may also provide the opportunity for the collection and documentation of evidence, should you decide to pursue the incident and offender through the legal system.  If you choose to report the incident, be aware that the location of the offense, your clothing, and your person may be considered a “crime scene,” and as such, a source of evidence.  The location of the incident should be safe guarded and you should avoid washing, douching, using the toilet or changing clothes prior to a medical/legal exam. Public Safety and the Albany or Troy Police Department may assist you in this effort as well.

3. Report the incident. 

Reporting an incident does not:

  • obligate the victim to prosecute;
  • subject the victim to inappropriate scrutiny or judgment by the person receiving the report.

Reporting the incident does:

  • ensure that a victim receives necessary medical testing and treatment;
  • provide the opportunity for collection of evidence critical to a prosecution, which cannot be obtained later;
  • ensure that the victim has knowledge of and access to professional, confidential counseling form counselor specifically trained in the areas of sexual offenses.

The Sage Colleges encourages the victims of sexual offenses to report the incident, in any of the manners described below:

1.  You may report it to the Police Department for the sole purpose of documentation.  You may also report it to the Police Department so that they may investigate the matter and identify an offender.  You have the further option of pursuing the case through the criminal justice system, where you will be assisted by the District Attorney’s office, the police department and the support and advocacy services of your choice.  If you want or need assistance in notifying the Police Department, you should contact the Office of Public Safety who will assist you in doing so.

2.  You may report it to UHA Public Safety.  At this point, the Sage Colleges student conduct process may be put into place. This also assists The Sage Colleges in complying with Federal requirements for reporting offenses occurring on campus.  You may report incidents of sexual offenses anonymously to UHA Public Safety, preserving your privacy and only reporting the particulars of the incident.

3.  You may also report the incident to any official of The Sage Colleges.  Be aware that certain Sage college officials, with significant responsibility for student and campus activities, including but not limited to , student housing, student discipline and campus judicial proceedings, may be required by law to disclose the occurrence of the event. 

Reporting Agencies:

Title IX Coordinator, Trish Cellemme: 518-292-1710

Dean of Students, RSC, Michael Baumgardner: 518-244-2207

Dean of Students, SCA, Sharon Murray: 518-292-1753

Campus Public Safety: 518-244-3177

Albany Police: 911 or 518-462-8000

Troy Police: 518-270-4421

University Heights Public Safety: 518-244-3177

The Sage Colleges recommend that you seek the assistance of trained professionals in the aftermath of a sexual offense. 

Confidential Counseling, Assistance and Referral- on and off-campus:

TROY 

Rensselaer County Sexual Assault Care Center’s 24-hour Hotline at (518) 271-3257
  http://www.NortheastHealth.com/SACC

Unity House of Troy 24-hour Domestic Violence Hotline at (518) 272-2370
  http://www.unityhouseny.org/services/services_detail.cfm?ID=4

ALBANY

Albany County Crime Victim & Sexual Violence 24 Hour Hotline: (518) 447-7716
   http://www.albanycounty.com/cvsvc

Equinox 24-hour Domestic Violence Hotline at (518) 432 7865
   http://www.equinoxinc.org/whatwedo/dv.php 

Albany Wellness Center (free and confidential health and counseling services): 518-292-1917 Monday - Friday 830am-5pm
Troy Wellness Center (free and confidential health and counseling services): 518-244-2261 Monday- Friday 830am-5pm

In Troy, a sexual assault counselor from the Sexual Assault and Crime Victims Assistance Program for Rensselaer County, is able to come to the Troy Wellness Center and provide counseling. Please call the Troy Wellness Center to schedule this type of appointment.

Procedures for Disciplinary Action in Cases of Sexual Offenses

The Sage Colleges’ disciplinary proceedings are detailed in the Student Handbook.  It provides, in part, that the victim and the accused have the right to the assistance of an advisor who is not an attorney, have the right to testify on their own behalf and provide witnesses on their behalf, to cross-examine witnesses, and to be informed of the outcome of the disciplinary process.  A student found guilty of a sexual offense may be suspended or expelled from The Sage Colleges.

Change in Academic and Living Situations After an Alleged Sexual Offense

The Sage Colleges will change the housing and/or academic circumstances after an alleged sexual assault if requested by the victim and such changes can be reasonably made.

Sexual Offender Registry 

The federal Campus Sex Crimes Prevention Act enacted in 2000 went into effect October 28, 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders required to register in a State to provide notice, as required under state law, of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student. The New York State sex offender registry may be accessed at www.criminaljustice.state.ny.us/nsor/index.htm.

In addition, the City of Albany maintains a sex offender registry that may be accessed by “Entities of Vulnerable Population.” The University Heights Association’s Office of Public Safety (which provides Public Safety services for Sage College of Albany) has been declared such an entity and the registry may be accessed through the Director of Public Safety.

Services for Students with Disabilities

 The Sage Colleges is committed to providing equal educational opportunity and full participation for students with disabilities, as defined by the Americans with Disabilities Act.  A student seeking academic adjustments under the Americans with Disabilities Act must register and provide documentation by a licensed professional to the Director of Disabilities Services.  Any student in need of classroom assistance or modification under the Americans with Disabilities Act must inform the instructor of the needed adjustment by first obtaining the necessary accommodation letters from the Director of   Disabilities Services   in order for reasonable accommodations   to be provided.   It is recommended that students do so at the onset of classes as reasonable prior notice needs to be given. The Director of Disabilities Services can be contacted in Troy/Hart Hall at  65 First Street Troy NY 12180 (518) 244-2272 or in Albany/3r floor Library at 140 New Scotland Avenue, Albany NY 12208 (518) 292-1793. 

 Section 504


Section 504 of the Rehabilitation Act of 1973 states that: “No otherwise qualified person with a disability in the United States…shall, solely by reason of…disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

Colleges and universities receiving federal financial assistance must not discriminate in the recruitment, admission, or treatment of students. Students with documented disabilities may request modifications, accommodations, or auxiliary aids, which will enable them to participate in and benefit from all postsecondary educational programs and activities. 

The Americans with Disabilities Amendment Act of 2008


The Americans with Disabilities Amendment Act of 2008 is the civil rights guarantee for persons with disabilities in the United States. It provides protection from discrimination for individuals on the basis of disability. The Americans with Disabilities Amendment Act of 2008 extends civil rights protections for people with disabilities to employment in the public and private sectors, transportation, public accommodations, services provided by state and local government and telecommunication relay services.

The Americans with Disabilities Amendment Act of 2008 upholds and extends the standards for compliance set forth in Section 504 of the Rehabilitation Act of 1973 to employment practices, communications, and all policies, procedures, and practices that impact on the treatment of students with disabilities. Employment issues for all institutions are covered under Title I. For all activities, public institutions are covered under Title II; private institutions are covered under Title III. 

The Accommodation Process

Any student with a documented disability is eligible to receive reasonable accommodations. The purpose of accommodations or modifications is to reduce or eliminate any disadvantages that may exist because of an individual’s disability. The law does not require the College to waive specific courses or academic requirements considered essential to a particular program or degree. Rather, the College is mandated to modify existing requirements on a case by case basis in order to ensure that individuals are not discriminated against on the basis of their disability. Students wanting to access such services must identify themselves and provide appropriate verification of their disability to the Director of Disabilities Services. Eligibility for reasonable and appropriate accommodations will be determined on an individual basis.

Appropriate documentation will assist the student and the College in determining reasonable accommodations as stipulated under Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Amendment Act of 2008, and other pertinent state and federal regulations.

Students requesting accommodations must meet with the Director of Disabilities Services and present appropriate documentation prior to receiving services. Documentation must be submitted by a qualified practitioner. This documentation must be a comprehensive assessment including recommendations for accommodations. Students must present evidence of a clinical interview by a qualified professional, their complete medical and educational history, evidence of a diagnosis that substantially limits one or more of the major life functions, and recommended reasonable accommodations.

It is the responsibility of the student requesting accommodations to do so and present documentation in a timely manner, suggested prior to the beginning of each academic semester.

Accommodations

To access services, students must refer themselves to the Director of Disabilities Services and provide adequate documentation from a licensed professional to the Disabilities Services Office. Since the purpose of the documentation is to assist the student and the College in determining reasonable accommodations (e.g., extended test time, reduced course load, auxiliary aids, etc.), these guidelines must be followed to assure that the diagnostic evaluation report is appropriate for verifying accommodation needs. Specific procedures need to be followed in order to obtain reasonable and appropriate accommodations, academic adjustments and /or auxiliary aids, any deviation from the process may slow down the process or accommodations may not be granted.

Students must meet with the Director of Disabilities Services with documentation from a licensed professional to request services. Accommodation letters will be developed at this time.

Students must meet with the faculty member to review the accommodation letters and discuss accommodations. It is best to do this review after class or to set up an appointment with the faculty member. The student decides whether to disclose his/her disability to the professor or whether to share any pertinent information with them. Students are not required to identify their disability, although this information is often helpful to the professor. The student may want to explain how his/her disability may affect coursework in general; again this is not required. After the review of the accommodation letter, the faculty member and student both sign the accommodation letter.

Students should then review the accommodations. For testing accommodations, it is important to check in again with the professor at least one week before the exam date as a reminder and to be sure both parties have the same understanding of what is to occur. Meeting with the professor throughout the semester is necessary to discuss your accommodation needs.

Accommodation Disagreements

If a disagreement arises concerning specific accommodation requests, a student should immediately inform the Director of Disabilities Services. If there is a conflict with the Director of Disabilities Services, then the Associate Vice President for Student Life may be notified to assist in the resolution process.

Academic Adjustments

Academic requirements must be modified, on a case by case basis, to afford qualified disabilities students and applicants an equal education opportunity. For example, modification may include changes in the length of time permitted for completion of degree requirements. However, academic requirements that the recipient can demonstrate are essential will not be regarded as discriminatory. A recipient may not impose upon qualified disability persons rules that have the effect of limiting their participation in the recipient’s education program or activity; for example, prohibiting tape recorders in classrooms or guide dogs in campus buildings. Qualified disability persons with impaired sensory, manual, or speaking skills must be provided auxiliary aids, such as taped texts, interpreters, readers, and classroom equipment adapted for persons with manual impairments. Recipients can usually meet this obligation by assisting students to obtain auxiliary aids through existing resources, such as state vocation rehabilitation agencies and private charitable organizations. In those circumstances where the recipient institution must provide the educational auxiliary aid, the institution has flexibility in choosing the effective methods by which the aids will be supplied. So long as no disabled person is excluded from a program because of the lack of an appropriate aid, the recipient need not have all available aids on hand at all times.

Procedures for Requesting Academic Adjustments

A student who wishes to request academic adjustments under Section 504 of the Rehabilitation Act of 1973 should do so by writing to the Director of Disabilities Services. The Sage Colleges reserves the right to require medical, psychological, neurological, or psychoeducational verification of the disability causing the student to seek adjustments of academic conditions. Notification of any request for academic accommodations should be sent to the Director of Disabilities Services immediately. The Director will notify the faculty member(s) of the request; discuss options, if any, to meet the request; agree on the acceptable adjustments; and notify the student seeking the accommodations within 10 working days. If an agreement cannot be reached, the Dean of the College will be notified for a meeting with all parties. The Director of Disabilities Services shall file a final report of the discussion and resolutions no later than five working days after the agreement with all parties has been reached.

Procedures for Grievances Alleging Discrimination Based on Disability

Any member of The Sage Colleges community, including faculty, administrators, staff, and students, who has any grievance in relation to the law or any acts prohibited by the law may file a written complaint within 30 working days of the occurrence of the alleged action. The complaint should be filed with the Director of Disabilities Services as the person designated to coordinate the efforts of the College to comply with and carry out its responsibilities under the law. The written complaint should explain:

  • who was discriminated against;
  • in what way;
  • by whom;
  • when the discrimination took place;
  • who can be contacted for further information;
  • the name, address, and telephone number of the complainant; and
  • as much background information as possible about the alleged discriminatory act.

These are suggestions, not requirements. Within five working days, the Director of Disabilities Services shall acknowledge receipt of the complaint and assign an individual to investigate the complaint. The individual investigating the complaint shall submit a written report to the Director with a copy to the complainant within 10 working days from the date assigned. The complainant shall have 10 working days from receipt of the investigation report to contact the Director to support or refute information contained in the investigation report. The Director of Disabilities Services will review the report and related material, and submit a written recommendation to the College President within five working days after the time period given the complainant to respond. A copy of this recommendation shall be sent to the complainant and the investigator. The President, as chief executive officer of the institution, shall make disposition of the complaint or refer it for the established grievance procedures of The Sage Colleges.

Anyone who believes there has been an act of discrimination on the basis of disability in violation of Section 504 against any person or group in a program receiving financial assistance from the U.S. Department of Education, may file a written complaint with the Office for Civil Rights of the U.S. Department of Health and Human Services within 180 days of the alleged discrimination (unless the time for filing is extended for good cause by the regional civil rights director), and send it to the regional office that serves the state in which the discrimination allegedly occurred:

Office for Civil Rights, New York Office
U.S. Department of Education
75 Park Place, 14th Floor
New York, NY 10007-2146 (212) 637-6466
FAX# (212) 264-3803; TDD (212) 637-0478

For more information about Disabilities Services please visit the Sage website www.sage.edu/studentlife/disabilities_services.

Student Right to Know, Privacy and Records Policies

Student Right to Know Law

The Sage Colleges will provide information regarding graduation and persistence rates, in accordance with provision of the federal Student Right to Know Law. The information is available from the Office of the Registrar. In addition, The Sage Colleges publishes required information under the Campus Security Act in a safety and security brochure and posts the information on the Office of Public Safety web page.

Privacy and Confidentiality

The Family Educational Rights and Privacy Act (Buckley Amendment), passed in 1974, regulates the procedures for handling student records. According to the U.S. Department of Health, Education and Welfare, the Act was designed to ensure that students and parents (in cases where the student is considered a dependent) would have specific educational records made accessible for reasons of inspection and correction and to restrict the release of most records, so as not to violate their privacy and confidentiality when student consent is lacking.

According to the Act, the following records are not accessible:

  • financial records of a student’s parents;
  • confidential letters of recommendation received prior to January 1, 1975;
  • confidential letters of recommendation for which the student has signed a waiver of access; and
  • records created and maintained by a professional for the sole purpose of treating the student (i.e., records kept by a college physician, psychiatrist, or counselor). The student may choose a qualified professional to review these records.

Access to Directory and Records Information

The College is permitted under the Family Educational Rights and Privacy Act (Buckley Amendment) to make directory information about students available to the public. Directory information includes: the student’s name, address, telephone listing, e-mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height (for members of athletic teams), dates of attendance, degrees and awards received, and the most recent previous educational agency attended.

 

If a student would prefer that this information not be made public, the student may inform the College of this at any point during his or her academic career. Forms to withhold this information from the public are available at the Registrar’s Office or online.

Records Inspection

The following student records are available for inspection at the specified locations:

Student Services
Transcript of grades*
  Grade lists*
  Academic warning, probation and suspension lists*
  Transfer credit records
  Degree information
  General student records
  Financial Aid files
   
Student Life/Residence Life Offices
Judicial records
  Parking/traffic violations lists*
   
Dean’s Office
Dean’s List
   
Academic Support Center HEOP records

* The entire content will not be released, only the data directly related to the individual requesting access.

Procedures for Review of Records

The Act specifies that a college official has 45 days to respond to a student’s request to view their records. The Sage Colleges will initially respond to a request by setting up an appointment with the student within the 45 day period. Ideally, the student will be able to access the records within a couple of weeks.

All records must be reviewed in the presence of a College official. The student may be asked to show proper identification to the college official and sign a permit form. Students may request a copy of their records in most cases, but the College is entitled to charge for copies. Copies cannot be made of records when a “hold” status exists or when the names of other students or information related to other students are involved (i.e., restricted records such as a grade list).

Inspection and Correction of Records

If a student wishes to challenge any part of a record, it may be done informally by addressing the issue with the administrator in charge of the record in question. If an agreement cannot be reached, the student should request a hearing with the Dean of the College. If the student still believes that his or her rights are being violated after following the above procedure, an investigation can be requested by the Review Board of the Family Educational Rights and Privacy Act Office, U.S. Department of Education, 600 Independence Ave., SW, Washington, DC 20202. An investigation could lead to a hearing.

Access to Records by Another Party

Each individual record will include the names of those persons not employed by the College who request or obtain access to a student record. The legitimate interest of the person making the request will also be recorded. The College permits third parties to gain access to students’ records when requests come from:

  • a person designated by the student with the student’s written consent;
  • an accrediting agency doing a college evaluation;
  • certain federal or state agencies;
  • officials of other schools in which a student seeks acceptance or intends to enroll when the student requests that the information be released; or
  • other faculty members, administrators, or staff members who either seek access for a legitimate educational reason or who are required to handle the records as part of their official duties at the College.

Student records, except for the permanent transcript and certification of completion required for state licensure in some academic programs, are kept for a period of seven years from the date of graduation or last attendance. The permanent transcript is maintained “forever” in the Office of the Registrar. The certification of completion, if required for licensure, is maintained in the academic program office.

Campus Crime Statistics

Albany Campus

Click  for Campus Crime Statistics.

Troy Campus

Click  for Campus Crime Statistics.