2.1.1        Anti-Discrimination and Harassment Policy

ANTI-DISCRIMINATION AND HARASSMENT POLICY

Effective Date:

 October 9, 2018

Policy Number:

II – 2.1.1

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Associate Vice President for Human Resources and Compliance

Applicability:

All members of the Canisius College community.

History:

 Replaces prior policy effective May 8, 2017


PURPOSE

The purpose of this policy is to ensure compliance with applicable federal and state laws prohibiting unlawful discrimination and harassment and to foster the college’s commitment to providing an educational and working environment free from unlawful discrimination and harassment.

POLICY

I.  Statement of Policy

Canisius College strives to provide an educational and working environment that is free from all forms of discrimination and harassment and is committed to providing an environment that values diversity and emphasizes the dignity and worth of every individual, an environment in which every individual is treated with respect.  As part of this commitment, Canisius College does not discriminate on the basis of age, race, religion or creed, color, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity, gender expression, familial status, domestic violence victim status, pregnancy, citizenship or immigration status, disability, criminal conviction or any other status protected by local, state or federal law in administration of its educational policies, employment practices, admissions policies, scholarship and loan programs, and athletic and other school administered programs.

Discrimination or harassment in any form is inimical to these goals and fundamentally at odds with the values of Canisius College.  They are unacceptable behaviors and will not be tolerated.  Accordingly, individuals who discriminate against or harass others in violation of this policy, regardless of whether such conduct rises to the level of unlawful discrimination or harassment, may be subject to disciplinary action, up to and including termination of employment, association with the college, or dismissal from the college. The college also prohibits retaliation by any person against any person for filing or supporting a complaint under this policy.

In support of its commitment to provide an educational and working environment free from all forms of discrimination and harassment, Canisius College has adopted this policy prohibiting discrimination and harassment in all forms identified above (the “Anti-Discrimination/Harassment Policy” or the “policy”).  In addition, Canisius College maintains a separate Sexual and Gender-Based Misconduct Policy and a separate Sexual Harassment Prevention Policy that will govern sexual and gender-based misconduct and harassment.  These separate policies may be summarized, in general, as follows:

All members of the college community are expected to carefully review the Sexual and Gender-Based Misconduct Policy and are responsible for complying with its terms.  Violations of the College’s Sexual and Gender-Based Misconduct Policy may result in the imposition of sanctions up to and including termination, dismissal, or expulsion.

All employees also are expected to carefully review the Sexual Harassment Prevention Policy and are responsible for complying with its terms.  Violations of the College’s Sexual Harassment Prevention Policy may result in sanctions up to and including termination.

The college has adopted this Anti-Discrimination/Harassment Policy to ensure a prompt and equitable resolution of all discrimination and harassment complaints not involving sex or gender-based discrimination or harassment.  This policy is designed to do the following:

All members of the college community are expected to carefully review this policy and are responsible for complying with its terms.  Violations may result in the imposition of sanctions up to and including termination, dismissal, or expulsion.

There will be instances where conduct alleged to be in violation of this Anti-Discrimination/Harassment Policy also would constitute a reported violation of the college’s Sexual and Gender-Based Misconduct Policy and/or Sexual Harassment Prevention Policy.  When alleged misconduct relates to both a person’s sex, sexual orientation, sexual identity, gender, gender expression, or gender identity and another protected characteristic, the college will coordinate response efforts by following the respective processes set forth in the college’s Sexual and Gender-Based Misconduct Policy and/or Sexual Harassment Prevention Policy to address any and all harassment and discrimination.  When the alleged misconduct relates to any other protected characteristic, the college’s investigation and resolution efforts will be guided by this policy.  The determination of which policy or policies will govern is in the sole discretion of the college.

II. Prohibited Conduct Defined

A.    Discrimination

Discrimination is unlawful conduct that is based upon an individual’s age, race, religion or creed, color, gender, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic violence victim status, pregnancy, citizen status, disability, criminal conviction or any other status protected by local, state or federal law.

Listed below are examples of conduct that can constitute discrimination if based on an individual’s protected characteristic(s).  This list is not all-inclusive; in addition, each situation will be considered in light of the specific facts and circumstances to determine if discrimination has occurred.

Other Forms of Discrimination—In addition to the above, the following acts of discrimination are prohibited by this policy:

B.    Harassment

Harassment is any conduct against an individual on the basis of his or her age, race, religion or creed, color, gender, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic violence victim status, pregnancy, citizen status, disability, criminal conduct or any other status protected by local, state or federal law, when the conduct is either:

The determination of whether an environment is “hostile” or harassing must be based on all of the circumstances, giving consideration to whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive.  Also, the following factors will be among those considered by the college in assessing whether a “hostile” environment has been created, maintained or promoted: (a) the degree to which the conduct affected one or more students’ education or individual’s employment; (b) the nature, scope, frequency, duration, severity, and location of incident or incidents; (c) the intent, purpose or objective(s) of the participants involved in the conduct; and (d) the identity, number, and relationships of persons involved.  While the intent of the actors involved will be considered as part of the overall assessment of whether a “hostile” environment has been created, maintained or promoted, the absence of intent to offend, demean, injure or harass will not be determinative of the issue.

A single or isolated incident of harassment may create (and may support a finding of) a hostile environment if the incident is sufficiently severe.  The more severe the conduct, the less need there is to show a repetitive series of incidents in finding a hostile environment, particularly if the harassment is physical in nature.

The foregoing also must be interpreted in light of one of the fundamental purposes of a Canisius College education which is to teach students to think, write, and express themselves critically.  This is a demanding skill and students must confront in stark and sometimes painful ways the comfortable assumptions that they bring to the college experience.  Instruction in critical thinking very well may involve saying or presenting materials that are felt by individuals to be offensive or embarrassing.  In such cases, students should communicate directly with the faculty member involved, the department chair or the associate dean of the applicable school.  (See Section IV below regarding Academic Freedom.)  Nor is this policy intended to address normal differences of opinion that arise but are not based on a person’s protected status.  In the case of students, those matters can be addressed through the procedures set forth in the Community Standards.  In the case of employees, those matters can be addressed through procedures set forth in the Faculty Handbook or Volume III of Canisius College Policy Manual as applicable.  

C.   Sexual Harassment and Sexual Violence 

For the same reasons listed above, it is the policy of Canisius College that all faculty, staff, students, and visitors work, learn, and participate in an environment free from sexual harassment and/or sexual violence, which are prohibited and may also violate federal, state and local law.  Claims of sexual or gender-based harassment and/or violence are governed by the college’s separate  Sexual and Gender-Based Misconduct Policy and/or the college’s separate  Sexual Harassment Prevention Policy

E.    Retaliation

Retaliation means any action taken against a person who has filed a complaint under this policy, or who has participated in or cooperated with an investigation or a process under this policy, in reprisal for having done so, that might dissuade a reasonable person from making or supporting a complaint or participating in a process under this policy.

 

 

 

III. Reporting Procedures

A.    Reporting to the College

Complaints of violations of this policy, including complaints of retaliation, should be made to the college’s Associate Vice President for Human Resources and Compliance (“AVP HR”).  The AVP HR is:

Linda M. Walleshauser

Associate Vice President for Human Resources & Compliance

Old Main 100

walleshl@canisius.edu

716 888-2244

In the event that the coordinator is the subject of a complaint under this policy, the Vice President for Business & Financewill assume the AVP HR role.  If the president is the subject of a complaint, the chair of the board of trustees will assume the president’s role in the process.

Students who perceive themselves to be the victim of discrimination, harassment, or retaliation by another student may also report the incident via the reporting procedures outlined in the Community Standards.

B.    External Complaints

The availability and use of this policy does not prevent a member of the college community from filing an inquiry with external agencies such as the Office for Civil Rights or the U. S. Equal Employment Opportunity Commission.

Students: Students and student applicants may file formal complaints with the following agency:

Office for Civil Rights (OCR), Headquarters

400 Maryland Avenue, SW

Washington, DC 20202-1100

Customer Service Hotline: (800) 421-3481

TDD: (877) 521-2172

Facsimile: (202) 453-6012

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr

Employees, Employment Applicants, Volunteers and other 3rd Parties: Employees, applicants for employment and other 3rd Parties may file formal complaints with the following agencies:

U. S. Equal Employment Opportunity Commission

Two Gateway Center

Suite 1703

283-299 Market Street

Newark, NJ 07102

Phone: 1-800-669-4000

Fax: 973-645-4524

TDD: 1-800-669-6820

 

The New York State Division of Human Rights

One Fordham Plaza 4th Floor

Bronx, New York 10458

Phone: (718) 741-8400

TDD: 1-718-741-8300

Website: https://dhr.ny.gov/ 

The City of Buffalo Commission on Citizens’ Rights and Community Relations

City Hall

Room 1316-C

Buffalo, NY, 14202
716-851-8000

2.1.2        Constitution Day Policy

CONSTITUTION DAY POLICY

Effective Date:

[TBD]

Policy Number:

II – 2.1.2

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Director of the Raichle Pre-Law Center

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to comply with Consolidated Appropriations Act of 2005 (Public Law 108-477), which requires educational institutions receiving Federal funding to hold an educational program pertaining to the United States Constitution on September 17 of each year.

POLICY

Canisius College will hold an educational program pertaining to Constitution Day on or around September 17th of each year.

DEFINITIONS

Not Applicable.

PROCEDURES/GUIDELINES

Each year the Political Science Department will hold educational programming pertaining to Constitution Day.

Announcement of events scheduled to celebrate Constitution Day is communicated to the campus community via the college’s online newsletter, The Dome.

RELATED POLICIES

Not applicable.

2.1.3        Copyright and Intellectual Property Policy

COPYRIGHT & INTELLECTUAL PROPERTY POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.3

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Library Director

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to provide guidance and resources regarding United States copyright laws as they relate to the use of copyright protected materials in an educational setting, including guidelines regarding the fair use of copyrighted material and information regarding the Digital Millennium Copyright Act and TEACH Act.  In addition, the policy sets expectation with regard to the appropriate use of intellectual property at the college.

POLICY

Canisius College is committed to following all requirements of U. S. Copyright Law.  All college employees, students, contractors, volunteers are expected to adhere to the provisions of Title 17 of the United States Code, entitled “Copyrights,” and other relative federal legislation and guidelines related to the duplication, retention, and use of copyrighted materials, including but not limited to the restrictions and requirements set forth in The TEACH Act – US Copyright Law, Chapter 1, Section 110(2)US Copyright Law, Chapter 1, Section 110(2)US Copyright Law, Chapter 1, Section 110(2) and the Digital Millennium Copyright Act (DMCA).  In addition, it is the policy of the college to abide by all contracts, non-disclosure agreements, laws, regulations, and policies of the college governing the use of intellectual property.

Members of the Canisius College community must:

Violations of any of the above may result in appropriate disciplinary action by the college.  In addition, violators may be subject to civil action and/or criminal charges.

DEFINITIONS

Copyright—copyright grants to the author or originator of a work of original authorship, art or a work that conveys information or ideas, the right to control how the work is used.  Copyright grants to the author or originator the sole and exclusive privilege of creating multiple copies of literary or artistic productions and publishing and selling them.  Copyright protection exists for original works fixed in any tangible medium of expression, including: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic work; pictorial, graphic, and sculpture work; motion pictures and other audiovisual works; and sound recordings.

Digital Millennium Copyright Act (P.L. 105-304)—a 1998 amendment to the Copyright Act of 1976 that establishes certain limitations of copyright infringement liability for online service providers (OSPs), including colleges and universities, when certain requirements are met by the OSP.  The Act contains a number of other provisions, including prohibitions on circumvention of technological protection measures among others.

Fair Use—Fair use limits the exclusive rights of copyright owners and gives the user rights to reproduce in copies or phonorecords for “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.”

DMCA Notice or Takedown Request—a warning or request issued from a copyright holder or a representative of the copyright holder.  These copyright holders have identified computers on the college’s network as having potentially violated the DMCA and issue warnings regarding the particular infringement to the college.

Information Technology Resources—computing resources, information technologies, networks, voice messaging equipment, computer software, data networking systems, including remote and wireless and electronically stored institutional data and messages owned, controlled, or managed by the college.

Intellectual Property—property of an intellectual nature belonging to an individual or an entity, including, but not limited to, proprietary information that is protected by patent, copyright, trademark, or a non-disclosure agreement.

Technology, Education and Copyright Harmonization Act (TEACH Act) (Section 110(2)Section 110(2)Section 110(2) of the U.S. copyright law)—a copyright exemption that addresses teaching conducted through digital transmission.  Under this law, if both the course instructor member and the college meet a number of specific guidelines (see below), the Act permits digital transmission of copyrighted works for educational purposes without obtaining permissions.

PROCEDURES/GUIDELINES

Copyright at Canisius College

Information and resources intended to provide guidance to college faculty, staff, and students in an effort to support the legal use of copyrighted materials in all aspects of the Canisius College Mission are available at http://libguides.canisius.edu/copyright.  In addition, the college’s Copyright Resources page provides links and brief descriptions of some excellent resources. 

Fair Use

Employees and students are permitted to use and duplicate copyrighted works for educational and classroom uses, provided such activities are within the “fair use” standard.  The provision of “Fair Use” is described in Section 107 of U.S. Copyright Law.  Under certain circumstances, fair use permits the reproduction of copyrighted materials without requiring permission from the copyright holder.

The U.S. Copyright Office factsheet on Fair Use, FL-102, explains that “Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.”

Section 107 also outlines four (4) factors to be considered when determining whether or not a particular use is “fair”.  The Four Factors are:

The U.S. Copyright Office, itself, admits in FL-102 that the determination of fair use can be challenging. “The distinction between fair use and infringement may be unclear and not easily defined.  There is no specific number of words, lines, or notes that may safely be taken without permission....The safest course is always to get permission from the copyright owner before using copyrighted material....When it’s impractical to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation.”

Resources

Resources intended to provide guidance to college faculty, staff, and students regarding fair use matters are available at http://libguides.canisius.edu/copyright.

Classroom Exemptions (Face to Face)

Instructors and students at an accredited nonprofit educational institution in the United States may —in compliance with certain stipulations—use, display, and/or perform in a classroom environment, any copyright-protected material or work without seeking the copyright holder permission normally required under U.S. copyright law.  This section explains these stipulations and provides a general description of the most common types of materials covered by the face-to-face classroom exception under Section 110(1) of U.S. copyright law.  Please click on the following links to learn more about what is permitted:

Face-to-Face Classroom Stipulations: The stipulations governing the display and performance of copyright-protected material in the classroom are few, but important:

As with distance education, it is the individual responsibility of every instructor at Canisius College, in compliance with federal law, to make good faith determinations regarding copyright-protected materials used in class and be able to argue credibly in support of those determinations.

Displays and performances falling outside the qualifying stipulations above, may very well fall within the fair use guidelines; however, each should be carefully scrutinized for compliance before proceeding.  (See Fair Use).

Most Common Materials Covered: Under the face-to-face classroom exemption, all types of the following copyright-protected materials may be displayed and/or performed in the normal classroom environment.  The stipulation being that the intent is for educational (not entertainment) purposes.

TEACH Act

The TEACH Act (Technology, Education, And Copyright Harmonization Act) modified U.S. Copyright law as it pertains to the use of copyrighted works in digital distance education.  When all of its requirements are met, the TEACH Act permits the use of copyrighted materials without having to obtain prior permission from the copyright owner.

TEACH Act Requirements for the Institution and Information Technology Department

TEACH Act Requirements for Instructors

Note: The TEACH Act and fair use operate independently of each other.  Individuals may encounter situations in which TEACH does not apply to a specific resource; however the work might be useable under the provisions of fair use.

TEACH Act Resources

Resources intended to provide guidance to college faculty, staff, and students regarding the TEACH Act are available at http://libguides.canisius.edu/copyright.

Digital Millennium Copyright Act Exemption

The U.S. Copyright Office explains that “the Digital Millennium Copyright Act of 1998 (DMCA) was the foundation of an effort...to move the nation’s copyright law into the digital age...” and that the “...enactment of the DMCA was only the beginning of an ongoing evaluation by Congress on the relationship between technological change and U.S. copyright law.”[2]

Section 1201(a)(1) of the copyright law requires that every three years [the Librarian of Congress] is to determine whether there are any classes of works that will be subject to exemptions from the statute’s prohibition against circumvention of technology that effectively controls access to a copyrighted work."[3]

Exemptions to DMCA

Some recent revisions may affect higher education.

United States Copyright Office has a "Statement from the Librarian of Congress on the Anticircumvention Rulemaking" (dated 7/26/2010) in which the Librarian of Congress, James Billington, describes which types of work are to be exempt from DMCA.

Resources

Resources intended to provide guidance to college faculty, staff, and students regarding the DMCA are available at http://libguides.canisius.edu/copyright.

Digital Millennium Copyright Act Notices and Takedown Requests

The Digital Millennium Copyright Act (DMCA) provides an opportunity for college and universities such as Canisius College to shield themselves from liability for the actions of users that infringe on the copyrights of others.  Any use of the college’s information technology resources to illegally transfer copyrighted material including, but not limited to, software, text, images, audio and video is strictly prohibited and may lead to serious consequences, including disciplinary action, suspension, and possible lawsuits resulting in substantial financial penalties. 

In accordance with the DMCA, Canisius College has designated the vice president for student affairs to receive and respond to reports of alleged copyright infringement.  This designation is listed on the college’s public facing website.  Employees receiving DMCA notices and takedown requests (i.e., notices send to the college’s webmaster or a librarian) must be routed to the vice president for student affairs.  See the college’s Peer-to-Peer File Sharing Policy for additional information.

The Digital Millennium Copyright Act specifies that any DMCA notice or takedown requests must be in writing (either on paper or electronic mail) and must include the following elements: a physical or electronic signature; description of the work claimed to be infringed; description of the allegedly infringing work and the location on the college’s website; contact information for the complaining party; a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner or law; a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Upon receipt of a DMCA notice or takedown request, the vice president for student affairs will work with the appropriate area vice president to ensure that the takedown procedure outlined in the Digital Millennium Copyright Act – US Copyright Law, Chapter 5, section 512(c)(3) is followed.  In addition, the vice president for student affairs (or appropriate area vice president if the violator is not a student) will notify the individual responsible for the content that the takedown has taken place, and inform them of their rights regarding counter-notice and putback procedures, which are outlined in the Digital Millennium Copyright Act – US Copyright Law, Chapter 5, section 512(g).

Asking for Permission

Please refer to the http://libguides.canisius.edu/copyright first to determine if permission is required.

When the Limitations & Exemptions Do Not Apply

If the desired use doesn’t seem to be permitted under any of the limitations & exemptions -- or, if in doubt -- it is best to seek permission from the copyright holder.  This is especially true when planning to digitize a work in order to deliver it from a website or learning management system.

When asking for permission, a letter will need to be written to the copyright holder (often a permissions director or editor).  The request may be sent through e-mail but, if not, a letter via the postal service or fax will work just as well.  Permission must be received in writing.

In the email or letter, be specific and spell-out exactly what is being asked for, including details like how many students will be in the class and the dates the material will be available to the students.  (If delivering the material to students using the college’s course management program, be sure to make the content inaccessible once that portion of the course is over.)

Resources

Resources intended to provide guidance to college faculty, staff, and students seeking permission to use copyrighted data from a copyright holder are available at http://libguides.canisius.edu/copyright.

Violation of Copyright Laws

Upon obtaining knowledge that material residing on its information technology resources is infringing or that its resources are being used for infringing activities or receiving a takedown request, the college will act expeditiously to remove or disable access to the infringing materials and may deny the users responsible further access to its resources.

Students and employees who violate the provisions of the college’s copyright policies are subject to disciplinary action pursuant to the college’s applicable disciplinary policies, as well loss of access to the college’s computer and network systems.

Visitors and others third party users who violate the provisions of the college’s copyright policies are subject to loss of access to the college’s information technology resources.  Moreover, the vice president for business and finance may administer other appropriate sanctions.

In addition to the above, the receipt of, possession of, or distribution of copyrighted material without the permission of the copyright holder are a violation of the laws of the United States (Title 17, U.S. Code).  Violators of copyright law could be subject to criminal and civil sanctions.  A summary of the current criminal penalties for violation of federal copyright laws is as follows: the infringer may be required to pay the actual dollar amount of damages in an amount equal to the profits gained from the infringement or, alternatively, pay what are termed “statutory damages.”  Statutory damages can range from $750 to $30,000 for each work infringed, unless the court finds that the infringement was willful.  In such cases, the maximum penalty is increased to $150,000; the court may also award attorney fees and court costs, issue an injunction to stop the infringing acts and impound the illegal works; the infringer can be sent to jail for up to 10 years.

RELATED POLICIES

Acceptable Use of Information Technology Resources Policy

Copyright and Intellectual Property Property

Peer-to-Peer File Sharing Policy

2.1.4        Freedom of Expression Policy

FREEDOM OF EXPRESSION POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.4

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Vice President for Academic Affairs and Vice President for Student Affairs

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

Canisius College values the freedom of expression and assembly.  At the same time, the college recognizes that such freedom must exist within the context of the law, common decency, and responsibility for one’s actions.  The college has therefore established procedures and guidelines, which seek to preserve the integrity of freedom of speech, thought, assembly and expression, including artistic expression, while at the same time preserving the right of the college to make fair, balanced, and considered judgments not to permit or exhibit expressions which are either not appropriate within the context of the mission of the college and its Catholic, Jesuit identity or in violation of federal or state law or established college policies. 

DEFINITIONS

Artistic Expression—includes but is not limited to the fine arts, the performing arts, the graphic arts or less traditional forms of creative expression, i.e., electronic, computer, etc.

POLICY

As a Catholic, Jesuit university, Canisius fosters an environment in which a variety of ideas can be reasonably proposed and critically examined.  In particular, student groups have a right to invite speakers to campus within reasonable limitations applied by the college (see Guest Speakers and Performers Policy).  The college recognizes that the free exchange of ideas and expression may produce conflict.  This exchange is an important element in the pursuit of knowledge.  Implicit in the pursuit of this exchange is the privilege to dissent and demonstrate in a peaceful and non-disruptive manner without unreasonable obstruction or hindrance in a manner consistent with the college’s mission, Jesuit affiliation, federal and state laws, and college policies.  The college expects that those who enjoy this privilege also accept the responsibility for their actions and for maintaining order.  The college also recognizes the rights of those who desire not to protest and who wish to continue to participate in the normal activities of the college.  As responsible participants in the college community, students, alumni, and employees can expect fair and impartial treatment in their relations with the college and their dealings with college officials.

PROCEDURES/GUIDELINES

Freedom of Expression Guidelines

An individual’s expression must not:

Expressions uttered on campus or via the college’s information technology network must recognize the diversity of people and points of view.  Planned demonstrations, lectures, exhibits or artistic performances, whether presented on campus or via the college’s information technology network, that may be potentially offensive or controversial, if deemed appropriate and approved in advance in accordance with established approval procedures, must be advertised as such so people can make an informed decision before attending the event.  (See the Guest Speakers and Performers Policy for relevant approval procedures).

Employees and students of the college are citizens and members of an educational institution.  When they speak, write or create art, they are free from institutional censorship or discipline within the guidelines above.  Moreover, as members of the college, employees and students who freely choose to be part of the college have additional obligations imposed upon them.  They must remember that the public might judge the college by their words and works.  They must at all times exercise appropriate sensitivity, show respect for the opinions of others, and recognize that their words, actions and expressions will reflect on Canisius College.  They are also responsible for making clear that they are participating in such activities only as individuals and not on behalf of, at the direction of, or with the encouragement of the college.

Inevitably there will be differing opinions or doubt regarding whether the college should permit a planned assembly, demonstration, exhibit, or artistic performance.  At such times and in situations not specifically addressed in the Canisius College Policy Manual, the president will decide whether to approve the proposed assembly, demonstration, exhibit, or artistic performance. 

In permitting freedom of expression within the guidelines set forth above, the college does not endorse, or relieve any person from legal liability for actions that amount to libel, slander, or obscenity.  Moreover, by supporting the exercise of freedom of expression on campus, Canisius College does not sanction the messages that are being declared or the methods of expression used, unless expressly stated otherwise.  Finally, the college reserves the right to (a) adopt and enforce rules and regulations as it may deem necessary and proper in order to serve the interest of health and safety, prevent disruption of the educational process or working environment, and to protect against the invasion of the rights of others; and (b) may cancel any planned assembly, demonstration, exhibit or artistic performance that creates a public health or safety concern, disrupts the educational or working environment, or uses the college as a platform to disparage the Catholic Church or mission of the college.

RELATED POLICIES

Academic Freedom Policy

Demonstrations Policy

Anti-Discrimination and Non-Harassment Policy

Notice of Non-Discrimination Statement TBA (will be added to Volume II)

Guest Speakers and Performers Policy

Sexual and Gender-Based Misconduct Policy

2.1.5        Gambling Policy

GAMBLING POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.5

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

University Compliance Officer

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to define Canisius College’s position related to gambling events and bookmaking activities on campus.

POLICY

Gambling while on college property or at college-sanctioned events is not acceptable behavior or permitted.  The following forms of gambling or bookmaking are prohibited on college property or as part of any college activities:

In addition to the restrictions listed above, Athletics Department staff and student-athletes must adhere to NCAA regulations, and are therefore prohibited from participating in any sports gambling activities, whether on- or off-campus, concerning any intercollegiate or professional athletics team or competition on any sport in which the NCAA sponsors a championship in any division.  Moreover, college employees may not gamble while on duty regardless of location. These prohibitions apply without regard to whether the activities are legal under federal or state laws.

The college may hold, or authorize others to hold, gaming events (such as casino nights and raffles) for fundraising or other legal purposes upon approval (see Procedures/Guidelines below).

Violations of the law or of this policy may be grounds for criminal prosecution and referral for college disciplinary action.

DEFINITIONS

Gambling—playing a game of chance, with an uncertain outcome, for money or some other valuable item.

Bookmaking Activities—accepting the bets of others on the outcome of sports or other contests.

PROCEDURES/GUIDELINES

Approval of Non-Cash Gaming Events for Charitable Purposes

The vice president for student affairs and the vice president for institutional advancement (or designee) must jointly approve all raffles and sales for charitable purposes requested by students or a student organization.  The vice president for institutional advancement (or designee) will approve all raffles and sales for charitable purposes requested by employees.

IRS Reporting

In compliance with IRS reporting requirements, the college will report a payment of winnings (unless the winnings are from poker, keno, bingo, or slot machines) when the amount paid is $600 or more and at least 300 times the amount of the wager.

Gambling Resources

College community members are encouraged to seek help for themselves or others in need of assistance by contacting one or more of the following offices or organizations:

On-Campus: Counseling Center (716) 888-2620

Websites:

www.gamblersanonymous.org

www.ncpgambling.org

RELATED POLICIES

Not applicable.

2.1.6        Guest Speakers and Performers Policy

GUEST SPEAKERS AND PERFORMERS POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.6

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Vice President for Student Affairs

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to assure the opportunity for the free expression and exchange of ideas, to minimize conflict between the exercise of that right and the rights of others in the effective use of Canisius College facilities, to minimize possible interference with the college’s responsibilities as an educational institution, and to preserve the college’s status as a 501(c)(3) tax exempt organization.

POLICY

The sponsorship of off-campus speakers or performers on the campus and via the college’s information technology resources is restricted to academic and co-curricular departments, the administration, and officially registered student and employee organizations and must be approved in accordance with the procedures and guidelines set forth within this policy.

The college reserves the right to adopt and enforce rules and regulations as it may deem necessary and proper in regard to the issuance of invitations to outside or off-campus speakers or performers in order to serve the interest of health and safety, prevent disruption of the educational process or working environment, and to protect against the invasion of the rights of others.  Moreover, the college president may cancel any event or lecture that creates a public health or safety concern, disrupts the educational or working environment, or uses the college as a platform to disparage the mission of the college or its Catholic, Jesuit identity.  See the college’s Freedom of Expression Policy for additional information.  Finally, an invitation to speak or perform at Canisius College does not include license for unlawful activity or activity that endangers or imminently threatens to endanger the safety of any member of the community or any of the community’s physical facilities, nor any activity that disrupts or obstructs the functions of the college or imminently threatens such disruption or obstruction.

Note: This policy and corresponding procedures do not apply to speakers invited by course instructors to address students enrolled in a course they are teaching, or to internal faculty and/or staff seminars, workshops, conferences, or colloquia

DEFINITIONS

Guest Speakers and Performers—a person or group neither attending the college, nor otherwise employed by the college, who is invited to make a public address or give a public performance or lecture outside of the classroom environment.

PROCEDURES/GUIDELINES

Sponsorship and Approval of Guest Speaker and Performers Procedures:

Individuals or organizations at Canisius College intending to invite a guest speaker or performer to campus must:

Approval of a guest speakers or performer(s) does not necessarily imply approval or endorsement of the views expressed by the speaker, the attendees, or the sponsoring college party or organization.  The college realizes that some among the invited speakers or performers will espouse ideas that individuals and groups within the college community consider hostile to their interests, values, or feelings.  Speakers or performers that may be potentially offensive or controversial, if deemed appropriate and approved in advance in accordance with established approval procedures above must be advertised as such so people can make an informed decision before attending the event.

Reservation of College Facilities

The reservation of college facilities for guest speakers or performers is required to ensure that there is orderly scheduling of facilities and adequate preparation for the event, and that the occasion is conducted in a manner appropriate to the academic community.  Reservation of college facilities and spaces must be made in accordance with applicable event management policies once approval of the event is received from the president (see Approval Guidelines).

Honorarium Payments to Foreign Nationals

U.S. law significantly restricts what employment foreign nationals may accept.  Before committing to an honorarium for a foreign national, departments must ensure the person has the appropriate visa that allows such a payment.  For short-term visits made for the purpose of delivering a lecture or speech, only certain visa classifications are authorized to accept an honorarium.  An individual already in the U.S. may not necessarily be here in the correct visa classification.  For instance, diplomats, employees of foreign governments, military personnel, or others on foreign government representative visas, employees of the World Bank or political officers attached to a foreign embassy in the U.S. hold visa classifications specific to the duties of their posts and are not permitted to earn additional income through activities such as speaking engagements.  Do not assume that an international visitor holds the correct visa classification, especially if the individual is already in the U.S. departments must look at additional sources of information that could include the individual's passport visa or stamped I-94 card to determine visa classification.

Visitor for Business B-1: Foreign Visitors present in the U.S. on a B-1 visa may be paid an honorarium; however, such individuals cannot provide services at the college for more than 9 days and must not accept payment or expenses from more than 5 institutions in the 6-month period of the visa’s duration.  Other types of payments that a B-1 visa holder may receive while in the U.S. include reimbursement for expenses including accommodations, meals and travel expenses.  Payments may be made directly to the provider of the service or to the nonresident visitor (all expenses must have original receipts and are subject to Canisius Travel Policy restrictions).  NOTE: The 9-day/five institution rule does not apply to those who are only reimbursed for receipted expenses and not receiving honoraria.  “B” immigration holders are not employees.

Visitor for Tourism B-2: Prior to 2006, foreign visitors in the U.S. on a B-2 visa were prohibited from receiving payments of any kind for any reason.  Payments made on behalf of B-2 visa holders for such things as lodging or transportation were also prohibited. An easing of these rules came when an IRS general information letter from the Office of the Asst. Chief Council was published, allowing B-2s already in the U.S. to accept an honorarium for a speaking engagement.

Visa Waiver Program

Foreign nationals from a participating country in the Visa Waiver Program (VWP) do not have to have a visa to enter the U.S. for business or tourist travel.  However, they must have a machine-readable passport valid for six months past their expected stay in the U.S. (unless a country-specific agreement provides an exemption).  The foreign national may stay in the U.S. for business or tourist purposes for a maximum of 90 days.  No extension of the stay is allowed.

Travelers from a VWP country must submit their request for a travel authorization to the U.S. through the ESTA Program (Electronic System for Travel Authorization).  Travelers complete the ESTA on-line form before entering the U.S. prior to boarding, the carrier will electronically verify with U.S. authorities that the traveler has an approved travel authorization file through ESTA.

Since the ESTA program started, some individuals who have been invited to the US as a B-1 have reportedly been admitted as a B-2 even after showing the B-1 invitation letter. If the individual is in the US for strictly business activities i.e. academic activities but their immigration stamp is B-2 then in this situation the college can reconsider making payments such as honoraria and travel to a B-2 by using the B-1 rules since the college has considered both the visa type and the purpose for the trip.

For more information on which countries are in the program, see the Department of State website about the Visa Waiver Program: http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html

What Activities Can Be Paid Through an Honorarium?

An honorarium may be paid to a foreign national for "usual academic activity or activities."  These activities include lecturing, teaching and sharing of knowledge or performance.

Honorarium Rule ("9/5/6" Rule)

Foreign nationals in B-1, B-2, VWB, and VWT status may accept an honorarium and/or reimbursement of travel expenses under the following conditions:

If the individual does not meet the honorarium rule, then they cannot be paid for the honorarium.  Foreign nationals holding a B-1/VWB or B-2/VWT visa who exceed the honorarium rule are not prohibited from giving an invited lecture at Canisius.  They cannot, however, be paid an honorarium.  There is nothing that says an honorarium has to be offered.

EXAMPLE

Dr. Jones from New Zealand is invited by the Geology Department to give a talk for which he will be paid an honorarium and expenses.  This is his first trip on a B-1 visa to the U.S.  He will be on campus for 5 days.  During this trip in the U.S. he is also giving talks at four other universities.  Dr. Jones has now used the full benefits provided by the honorarium rule.  He will not be able to accept an honorarium from another U.S. college for another six months.

Have the visitor complete the B1/B2 Short-Term Visitor Declaration Form and submit it as backup to payment request forms: http://www.payroll.wsu.edu/pdf/b1b2ShortTermVisitorDecForm.pdf

Who is Eligible to Receive an Honorarium?

Withholding

An honorarium paid to a foreign national is subject to 30% withholding.  This withholding also applies to a nonresident alien entity.  Travel reimbursement is not subject to withholding because it is not considered income.

The college is generally required to withhold on the compensation payment at a 30% rate, although this rate may be reduced or eliminated if there is an income tax treaty between the United States and the foreign individual's country of residence.  To claim benefits under an existing tax treaty, an eligible nonresident individual must file a form with the college (Form 8233) which requires the foreign individual to provide a taxpayer identification number and identify the treaty article providing the exemption.  Tax treaty benefits are NOT automatic.

Letter of Invitation

A letter of invitation must be sent to every foreign national invited to Canisius who will receive an honorarium or reimbursement for travel expenses.  The letter must come from the department that is sponsoring the activity. The letter must contain the following information:

Attach a copy of the offer letter as backup to payment request forms.

Reimbursement by B Visa Type When Honorarium Rule is Not Exceeded 

B Visa Type

Pay honorarium?

Reimburse travel and/or incidental expenses?

B-1/VWB

Yes

Yes

B-2/VWT

Yes

No


Reimbursement by B Visa Type When Honorarium Rule is Exceeded

B Visa Type

Pay honorarium?

Reimburse travel and/or incidental expenses?

B-1/VWB

No

Yes

B-2/VWT

No

No

 

RELATED POLICIES

Event Management Policy for External Clients

Event Management Policy for Internal Users

Freedom of Expression Policy

Political Activities and Speakers Policy

2.1.7        Institutional Data Requests Policy

INSTITUTIONAL DATA REQUESTS POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.7

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Director of Institutional Research and Effectiveness

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to ensure that statistical representations of Canisius College to the public and any external agencies/entities are consistent, factually correct, and reflect as positively as possible on the institution; to avoid any unnecessary duplication of effort and minimize the departmental and human resource requirements in responding to such requests; and to maintain a clearinghouse of statistical reports and responses to requests from external agencies/entities submitted by college personnel on behalf of the college or any school or department of the college.

POLICY

The Office of Institutional Research and Effectiveness is the official source for all institutional data (e.g., student enrollment, employee counts) and coordinates the collection and reporting of external data requests.  In order to ensure the accuracy and consistency of institutional data supplied to external sources, the Office of Institutional Research and Effectiveness must be contacted for the integration of data gathering, analysis, and dissemination of college or any school or department of the college data to external sources.

Note: Requests for college financial data must be submitted to the Office of Business and Finance, which will work in collaboration with the Office of Institutional Research and Effectiveness in disseminating such data to external sources.

DEFINITIONS

Data Request—a request for information about Canisius College students, courses, faculty, finances, research, colleges, schools, departments, or staff that is going to be used to support the administration of the college or its programs.

PROCEDURES/GUIDELINES

Responses to Data Requests that require the provision of college data that has not been published and compiled must be coordinated through and approved by the Office of Institutional Research and Effectiveness.  The Canisius College Fact Book published each year by the Office of Institutional Research contains official Canisius College data.  College trustees, employees, volunteers, contractors, vendors, etc. receiving such requests may use this publication as a primary source of information for data request responses before sending the response to the Office of Institutional Research and Effectiveness for final approval.

RELATED POLICIES

Not applicable.

2.1.8        Political Activities and Speakers Policy

POLITICAL ACTIVITIES AND SPEAKERS POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.8

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

University Compliance Officer

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to comply with IRS regulations which prohibit participation in political activities and to protect Canisius College from imposition of excise tax, penalties, or revocation of tax exempt status.

POLICY

Political Activities

Canisius College is a tax-exempt institution, qualified by the Internal Revenue Service as a 501(c)(3) corporation.  It is essential that the college protect its tax-exempt status, as it exempts the college from the payment of real property and sales taxes and it qualifies contributions from alumni and friends as charitable deductions.

As a tax-exempt institution, the college as an entity and members of the college community individually are not permitted to use college resources in the pursuit of political objectives and Political Activities (see Definition section below).  Individuals are permitted to make political contributions and work on campaigns, but college resources may not be used in political campaigns.  This includes using college telephone, mail, e-mail, or internet facilities to promote a particular candidate or engage in fundraising.  Similarly, college facilities cannot be used to host political fundraisers. 

Apart from the tax-exempt issue, as a general policy, members of the college community must refrain from using college stationery or college e-mail addresses as a return address when expressing personal political views.  Again, individuals are free to express their own views, but it is essential that personal views not be construed as being the views of Canisius College.  See the Political Activities Guidelines below for additional information.

Requests for facility will be denied if: a suitable facility is unavailable at the time/date requested; the appearance is determined to be disruptive, given its time, topic or projected headcount, to the college’s mission; or the candidate appearing commonly espouses views or beliefs that would, were he/she a student, violate the college’s codes of conduct (such as so-called “hate speech”).

Political Speakers

Canisius College is routinely approached by political candidates/parties requesting the opportunity to sponsor events or address the general public from the campus.  Canisius encourages the use of the college’s facilities by political candidates/parties who are interested in participating in an educational forum – as defined by Canisius College – if the requirements listed below are met.  Canisius College facilities may not be utilized by political candidates/parties for rallies, fundraisers, special events etc.  With regard to the use of college facilities by a political candidate or party, it is the policy of the college that:

See also the Political Activities Guidelines below for additional information.

Persons wishing to approach the college with requests involving political candidates should contact the college’s associate vice president for public relations who will serve as coordinator for such a program.

DEFINITIONS

Political Activity/Political Activities—activity, including oral or written statements and financial support, that is directed toward the success or failure of a political party, candidate for election in a partisan political campaign for public office, a partisan political group or ballot initiative.

Political Campaign—a race between candidates for elective office, or other organized effort towards a particular election result, including for ballot initiatives.

Lobbying—influencing or intending to influence a member of Congress or state or local legislator or member of their staff.

Fundraising—soliciting contributions for political candidates, campaigns, or ballot initiatives.

Endorsement—public statements of opinion and/or contributions, monetary, in-kind, or otherwise, to political campaigns.

PROCEDURES/GUIDELINES

Political Activities Guidelines

To protect the neutrality of Canisius College in political campaigns, the college has established the following guidelines and procedures to assist members of the campus community in determining which political activities are appropriate:

RELATED POLICIES

Event Management Policy for External Clients

Event Management Policy for Internal Users

2.1.9        Standards of Ethical Conduct

STANDARDS OF ETHICAL CONDUCT

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.9

Supersedes:

 

Issuing Authority:

Board of Trustees

Responsible Officer:

College Compliance Officer

Applicability:

All Canisius College trustees, executive officers, administrators, faculty, staff, student employees, students, and others who act on behalf of the College.

History:

Adopted by the Canisius College Board of Trustees: May 10, 2004; Amended: November 1, 2007; Amended: August 13, 2009; Amended: October 20, 2014


PURPOSE

The purpose of the policy is to establish the standards of ethical conduct expected of all Canisius College members of the college community, including trustees, executive officers, administrators, faculty, staff, student employees, students, and others who act on behalf of the college.

POLICY

Canisius College (“Canisius” or the “college”) requires all members of the college community, including its trustees, executive officers, administrators, faculty, staff, student employees, students, and others who act on behalf of the college (i.e., volunteers, contractors, agents and others associated with the college) to maintain the highest standards of ethical conduct in their dealings with persons both inside and outside the college.  Accordingly, the Board of Trustees of the Canisius College of Buffalo, New York has promulgated these Standards of Ethical Conduct, which sets forth the general standards to which every member of the College community is expected to adhere.  These standards, which are set forth in the Procedures/Guidelines Section of this policy, have been derived from federal, state, and local laws and regulations, college policies and procedures, contractual and grant obligations, and generally accepted principles of ethical conduct.

DEFINITIONS

College Information—is any data related to the business of the college including, but not limited to: financial, personnel, student, alumni, communication, and physical resources. It includes data maintained at the departmental and office level as well as centrally, regardless of the media on which they reside.  Examples include: credit card information; tax identification numbers; payroll information; check requests and associated paperwork; student, parent, and employee tuition, financial aid, and loan accounts information; student educational records as defined by FERPA; photographic images (especially of face or other identifying characteristic), fingerprints, handwriting, or other biometric data (e.g., retina scan, voice signature, facial geometry); medical or financial information for any employee, temporary worker, or student; other personal information to include date of birth, address, phone numbers, maiden names, customer numbers, social security numbers; college contracts; college research data; alumni and donor records; personnel records; college financial data; passwords; college proprietary information/data; and any other information for which access, use, or disclosure is not authorized by: a) federal, state, or local law; or b) college policy or operations.

College Personnel—Canisius College trustees, executive officers, administrators, faculty, staff, student employees, contractors, and others who act on behalf of the college.

Compliance Officer—the vice president for student affairs, who performs the function of the college’s overall ethics and compliance officer.

Computer and Network Systems—any college owned or leased computer, mobile device, or software, as well as any part of the college’s computer, data, voice or video networks physically located on any college owned, leased, or rented property or located on the property of any third party with the permission of that party.  This includes devices on such networks assigned any routable and non-routable IP addresses and applies to the college’s wireless network and the network serving the college’s student residence housing and any other vendor supplied network made available to the college community.

Intellectual Property - property of an intellectual nature belonging to an individual or an entity, including, but not limited to, proprietary information that is protected by patent, copyright, trademark or a non-disclosure agreement.

Wrongful Conduct—violations of applicable state and federal laws or regulations, fraud, accounting irregularities, auditing abuse, falsification or records, improper destruction of college records, conflicts of interest, impeding a college or law enforcement investigation, violation of a government contract or grant requirement, research misconduct, serious violation of college policy, or the use of college property, resources, or authority for personal gain or other non college-related purpose except as provided under college policy.

PROCEDURES/GUIDELINES

The Canisius College Board of Trustees has promulgated this Standards of Ethical Conduct, which sets forth the general principles to which every member of the college community is expected to adhere. These principles have been derived from federal, state, and local laws and regulations, college policies and procedures, contractual and grant obligations, and generally accepted principles of ethical conduct.

The Standards of Ethical Conduct applies to all members of the college community, including trustees, officers, administrators, faculty, staff, students, volunteers, contractors, agents and others associated with the college.

Adherence to Standards of Ethical Conduct

Members of the college community are expected to conduct themselves at all times ethically, honestly, and with integrity in all dealings in accordance with the highest professional and community ethical standards.

In addition, all members of the college community engaged in research are expected to conduct their research with integrity and intellectual honesty at all times and with appropriate regard for human subjects.  To protect the rights of human subjects, all research involving human subjects is to be reviewed by the college’s Institutional Review Board (IRB).  See Human Subjects Research Policy.  All research involving living animal subjects is to be reviewed by the college’s Institutional Animal Care and Use Committee (IACUC).  See Use of Non-human Animals in Research, Teaching, and Demonstrations Policy. 

Members of the college community engaged in research are not to: fabricate data or results; change or knowingly omit data or results to misrepresent results in the research record; or intentionally misappropriate the ideas, writings, research, or findings of others.  See Research Ethics and Conduct Policy.  They are also expected to demonstrate accountability for sponsors’ funds and to comply with specific terms and conditions of contracts and grants.

Compliance with Applicable Laws & Regulations

Members of the college community are expected to become familiar with the laws and regulations applicable to his or her position or status with the college, and must not act in any way to intentionally breach such laws and regulations, nor should they ask others to do so.  Questions and concerns about the legality or propriety of any action or failure to take action by or on behalf of the college should be referred to the appropriate vice president.

Compliance with Applicable College Policies and Procedures

Members of the college community are guided by the mission and goals of the college and are bound by the policies, procedures, and practices set forth in the Canisius College Policy Manual, catalogs, handbooks and other policy-related documents.

Each member of the college community is expected to seek clarification on a policy or other college directive he or she finds to be unclear, outdated or at odds with college objectives.  It is not acceptable to ignore or disobey policies if one is not in agreement with them, or to avoid compliance by deliberately seeking loopholes.

In some cases, college employees are also governed by ethical codes or standards of their professions or disciplines.  It is expected that those employees will comply with applicable professional standards in addition to laws and regulations.

Conflicts of Interest or Commitment

Every member of the college community has a duty to avoid conflicts between his or her personal interests and official responsibilities and to comply with college policies for reporting and reviewing actual and potential conflicts of interest and conflicts of commitment.  Additionally, a member may not utilize his or her position with the college for his or her personal benefit.  Areas of potential conflict include the use of confidential information, college purchases not subject to competitive bids, the acceptance of gifts and, under certain conditions, outside employment.  Members of the community are also expected to consider and avoid, not only an actual conflict but also, the appearance of a conflict of interest.  See the college’s Conflict of Interest Policy.  In all matters, community members are expected to take appropriate steps, including consultation if issues are unclear, to avoid both conflicts of interest and the appearance of such conflicts.

Respect for the Rights and Dignity of Others

Canisius College is committed to a work, academic, and residential environment in which all individuals are treated with respect and dignity.  Each individual has the right to work, study, and live in a professional, academic, and residential atmosphere that promotes equal employment and educational opportunities and prohibits discriminatory practices, including harassment.  Canisius College prohibits discrimination and harassment and provides equal opportunities for all community members and applicants regardless of race, color, religion, sex, sexual orientation, sexual identity, gender, gender expression, or gender identity, age, national origin, ancestry, citizenship, disability, gender related status, pregnancy, genetic disposition, veteran or military status, marital status, familial status or any other legally protected characteristic in accordance with federal and State law.  See the Anti-Discrimination and Harassment and Sexual and Gender-Based Misconduct policies.  Further, romantic or sexual relationships between faculty responsible for academic supervision, evaluation or instruction and their students are prohibited.  See the Consensual Relations Policy.

Confidential Information

Individuals who have access to confidential, proprietary and private information are expected to be familiar and to comply with applicable laws, college policies, directives and agreements pertaining to access, use, protection and disclosure of such information.  Computer security and privacy are also subject to law and college policy.

Use of College Resources

College resources may only be used for activities on behalf of the college. They may not be used for private gain or personal purposes except in limited circumstances permitted by existing policy where incidental personal use does not conflict with and is reasonable in relation to college duties (e.g., telephones). Members of the college community are expected to treat college property with care and to adhere to laws, policies and procedures for the acquisition, use, maintenance, record keeping and disposal of college property.

Compliance with Contractual Terms and Grant Terms and Conditions

Every member of the college is expected to maintain access to and to comply strictly with the terms and conditions of each college grant and contract on which he or she is working.  All questions or concerns about whether a particular term or condition violates the law or whether the grantor or contractor has breached its obligations to the college should be referred promptly to the college compliance officer.

Maintenance and Preservation of Records

Members of the college are expected to create and maintain records and documentation which fully conform to all applicable laws and professional, and ethical standards.  Every member of the college who is involved, directly or indirectly, in the preparation or submission of a bill to any governmental or private payor is expected to use his or her best efforts to ensure the bill addresses only those services rendered and products delivered and in the correct amount, supported by appropriate documentation.

Reporting an Alleged Violation

All trustees, faculty, administrators, staff and students have an obligation to bring suspected violations to the attention of appropriate supervisory personnel in a responsible manner.  Generally, the first person to be informed should be either one’s immediate supervisor in the case of employees, or the director of the college office concerned.  In those instances in which the immediate supervisor is involved in the alleged violation, the report should be made to the person at the next highest supervisory level. The process for reporting suspected violations of specific policies, such as sexual or gender-based misconduct, is usually explained as part of the policy itself.  In addition, individuals may utilize the reporting procedures set forth in the college’s Whistleblower Policy.

Those who report violations in good faith and in an appropriate manner, whether or not further investigation substantiates the claim, will be free from retaliation in any form.  The identity of complainants will be protected, within legal limits, and those who retaliate against them will be disciplined.

All reported violations will be investigated promptly in accordance with procedures detailed in the relevant policy.

RELATED POLICIES

Acceptable Use of College Computer and Network Systems Policy

Anti-Bribery Policy

Anti-Discrimination and Harassment Policy

Conflict of Interest Policy

Copyright and Intellectual Property Policy

Human Subjects Research (IRB) Policy

Notice of Non-Discrimination Statement (TBA, will be included in Volume II)

Procurement Policy and Purchasing Procedures

Record Retention and Disposal Policy

Research Ethics and Conduct Policy

Sexual and Gender-Based Misconduct Policy

Use of Non-human Animals in Research, Teaching, and Demonstrations Policy

Whistleblower Policy

2.1.10       Student Records (FERPA) Policy

STUDENT RECORDS (FERPA) POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.10

Supersedes:

Not Applicable.

Issuing Authority:

College President

Responsible Officer:

Registrar

Applicability:

All Canisius College students, as well members of the Canisius College community granted access to student educational records.

History:

 


PURPOSE

The purpose of this policy is to describe the rights and responsibilities of students and employees regarding the confidentiality of student records, including as specified under the Family Educational Rights and Privacy Act (“FERPA”).

POLICY

The Family Educational Rights and Privacy Act of 1974, as amended (FERPA), is the federal law governing individuals’ access to student records.  The guiding principle of FERPA is that education records are private and that students have the right to limit their disclosure to third parties.  Consistent with FERPA, Canisius College students will be granted access to their Education Record and, except in limited circumstances as set forth in the Procedures/Guidelines section of this policy, a student’s Education Records will not be disclosed without consent.

DEFINITIONS

Attendance—attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and the period during which a student is working under a work-study program.

College Official—one of the following individuals: (1) person employed by Canisius College in an administrative, supervisory, academic, research or support staff position; (2) a person elected to the board of trustees; (3) a person employed by or under contract to Canisius College to perform a special task (such as an attorney or auditor); (4) a contractor, consultant, volunteer or other outside party providing services that would otherwise be provided by a Canisius College employee; or (5) student serving on an official Canisius College committee or assisting a college official in the performance of his or her tasks.

Dates of Attendance—the period of time during which a student attends or attended an educational agency or institution.  Examples of dates of attendance include an academic year or a spring semester.  The term does not include specific daily records of a student’s attendance at an educational agency or institution.

Directory Information—includes but is not limited to name, address, email address, phone number, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards, received, and most recent education agency or institution attended.

Disciplinary Action or Proceeding—the investigation, adjudication, or imposition of sanctions by the College with respect to an infraction or violation of the internal rules of conduct applicable to Canisius College students.

Disclosure—to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records.

Educational Record— all records which contain information directly related to a student and maintained by Canisius, including those files, documents, and other materials (in handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche) that contain information directly related to a student which are maintained by Canisius College or by a person acting for the college pursuant to college or departmental policy.  Information that is captured as a result of a student’s various activities at the Canisius College is part of the student record.  This information includes, but may not be limited to, logs, databases or other records of: websites the student has visited, purchases made at Canisius College facilities, entry day/time into Canisius College facilities, library use and biometric records.

Records that are not “Education Records” include, but are not limited to, sole possession, law enforcement, employment, medical, counseling, and post-attendance records.  More specifically, the following are not considered “educational records”: (a) notes belonging to a faculty or staff member and intended for the faculty/staff member’s own use are not subject to inspection, disclosure, or challenge unless the person maintaining the notes disclosed the information to a person in the college community other than the student named in the notes (upon such a disclosure, the records are then open for review by the student); (b) security records pertaining to an investigation when the record is maintained solely for campus safety and security purposes, is revealed only to law enforcement agencies of the same jurisdiction, and is maintained separately from education records; (c) student employment records, provided the record is maintained in the normal course of business and is used only in relation to the student’s employment; (d) student records that are made or maintained by a physician, counselor, psychologist, or other recognized professional acting in that capacity are not subject to the provisions of access, disclosure, and challenge when the records are used only for treatment of a student and are made available only to persons providing the treatment; (e) records which contain only information about an individual after he or she is no longer a student at Canisius College, such as alumni records; and (f) grades on peer-graded papers before they are collected and recorded by a teacher.

Parent—a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

Student—one who has attended or is attending Canisius and regarding whom Canisius maintains education records.  An individual will be considered in attendance when he or she has formally enrolled in a class.

PROCEDURES/GUIDELINES

FERPA grants students the right to inspect and review their education records, the right to request to amend their education records, and the right to limit disclosure of some personally identifiable information known as directory information.

Release and Access to Education Records

Except as noted elsewhere in this policy, education records will not be released — nor access given — to third parties without written consent of the student unless the party meets one of the following (see (34 CFR § 99.31):

While the college reserves the right under the above stated circumstances to disclose information from a student’s Education Records without the student’s written consent, the college is under no obligation to do so.

It should also be noted that FERPA permits the disclosure of education records to the parents of a dependent student.  The college, however, considers its students to be adult decision-makers; as such, students have the right and responsibility to share information about their grades and degree pursuit with their parents and/or guardians.  This means that the staff of the college normally will not give out information about grades or degree pursuit and will instead suggest that parents or guardians have conversations directly with students about these matters.  The college’s policy provides a greater degree of privacy for dependent students than FERPA would require.  If the student wishes to have this information released to the parents, the student must sign an Authorization to Disclose Grades Form with the Office of Student Records, Bagen 106.

There are exceptions to the foregoing Canisius policy that may result in parent/guardian notification by the college.  They are:

A notification of releases made to third parties shall be kept in the student’s record (unless forbidden by a judicial order or subpoena).  This record of request must identify the legitimate interest the person(s) had in seeking or obtaining information contained in a record and may be available for inspection by the student identified by the record.  The third party shall be informed that no release of personally identifiable data is authorized without the written consent of the student.

Access to and Copies of Student Educational Records

The college has established the following procedures enabling students to have access to their records:

  1. The student may inspect and review his or her record by filling out a request form at the office where the record of interest is maintained.  Students should identify in the form as precisely as possible the record or records he or she wishes to inspect.  Students may not inspect and review the following:
  1. Access is to be granted promptly and no later than 30 days from the date of the request.  The records custodian will make arrangements for access and notify the student of the time and place where the records may be inspected.  If the records custodian to whom the request was submitted does not maintain the records, the college official will advise the student of the correct custodian to whom the request should be addressed.
  2. The student may obtain copies of documents to which he or she is entitled.  When a record contains information about more than one student, the student requesting access may inspect and review only that information which relates to him or her.  The college may charge for these copies at a cost not to exceed the actual cost to Canisius College.
  3. The student may request and receive interpretation of his or her record from the person (or designee) responsible for maintaining the record.

Withholding Information

There may be conditions such as financial obligations, violations of non-academic regulations, etc., under which the college will withhold transcripts, certifications, or other information about a student.  The Office of Student Records notifies the student of a hold placed on the student’s record and directs the student to the office that placed the hold.

Directory Information

Unlike education records, directory information shall be released freely unless the student files the appropriate form requesting that certain information may not be released.  This form is available at the Office of Student Records, Bagen 106.  Directory information includes but is not limited to name, address, email address, phone number, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards, received, and most recent education agency or institution attended.

Decisions about withholding any information should be made very carefully.  Should a student decide to inform the college not to release any information, any future requests for such information from non-institutional persons or organizations will be refused.  Canisius College assumes that failure to request the withholding of directory information indicates approval for disclosure.

Challenges to the Content of Records

Students have the right to challenge the content of their education records if they consider the information contained therein to be inaccurate, misleading, inappropriate, or otherwise in violation of their privacy rights.  The process includes an opportunity for amendment of the records or insertion of written explanations by the student into such records.

Students may initiate a challenge by submitting a written request to the custodian of the particular record in question, who shall attempt to resolve the problem through informal discussions.  If a challenge to a record is not satisfactorily resolved by this procedure, the student will be informed of their right to a formal hearing, the procedures to be followed concerning such a hearing, and its composition.

Upon the request of the student, a formal hearing may be held following these guidelines:

Annual Notification

Canisius College will annually inform individuals in attendance of their rights under FERPA, including the right to consent to disclosure of personally identifiable information contained in their education records, the right to opt out of the disclosure of “directory information,” the right to review and seek correction of education records, and the right to file a complaint with the Department of Education concerning the college’s alleged failure to comply with FERPA.

Student Right to File a Complaint

Students have the right to file written complaints with the Office of the Secretary of the U. S. Department of Education concerning the Canisius College’s alleged failure to comply with FERPA or the regulations promulgated therein.  The address is:

Family Policy Compliance Office

U.S. Department of Education

600 Independence Avenue, SW

Washington, D.C.20202-4605

(202) 260-3887

Training

Employees, volunteers, and vendors who are authorized to access student educational records are required to participate in the Canisius College FERPA online training program, which is accessible on the Canisius College intranet.  Appropriate department heads are responsible for ensuring that employees and volunteers under their supervision have participated in the training program.

Record Destruction

This Policy does not preclude the destruction of any record the college does not consider germane.  Persons in charge of records shall ensure that only pertinent items are retained in student files.  The forms for “Request for Confidential Status of Directory Information” and “Authorization to Disclose Grades” shall be removed from a student’s educational records upon graduation unless the student makes a specific request that these forms remain.

RELATED POLICIES

Record Retention and Disposal Policy

Confidential Information Policy

Information Security Program

2.1.11     Surveys Policy

SURVEYS POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.11

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Director of Institutional Research and Effectiveness

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to ensure that surveys of prospective students, current students, alumni, employees, trustees, community members, and other stakeholders are designed, administered, analyzed, and reported in a coordinated, methodologically sound and strategic manner.

POLICY

 All surveys intended for distribution to any members or prospective members of the Canisius College community (e.g. prospective students, current students, alumni, employees, board members, community members, and other stakeholders) must be approved in accordance with the procedures described herein.  A copy of all approved surveys, datasets, and associated reports that are generated by the surveyor(s) will be provided to the Office of Institutional Research and Effectiveness electronically for retention in a survey archive.

Surveys administered as part of research projects involving human subjects requires review and action by the college’s Institutional Review Board (IRB).  Only the IRB may determine if a project is exempt from review.  The Office of Institutional Research and Effectiveness must review all exempt survey proposals.

Vice president approval is not required for (a) faculty-supervised survey research that contributes toward students’ academic progress, (b) evaluation of an event by participants, (c) feedback from clients at the point of service, (d) teaching evaluation forms, (e) forms used to collect information for administrative purposes (e.g., scheduling), (f) feedback instruments used in the evaluation of employee performance, (g) forms used within a class, and (h) systems for electing students, faculty, or staff to leadership positions within college committees or organizations.

DEFINITIONS

Survey—any instrument, whether administered online, via e-mail, on paper, or in an interview format, specifically designed to elicit information for analysis.

Respondent—prospective students, current students, alumni, employees, trustees, community members, and other stakeholders.

PROCEDURES/GUIDELINES

Approval Procedures

Individuals and offices wishing to conduct a survey that is covered by this Policy must complete and submit a written application to the appropriate area vice president, associate vice president, or committee/board as applicable (e.g. student surveys must be approved by the vice president for student affairs; alumni surveys approved by the vice president for institutional advancement; employee surveys by the associate vice president for human resources and compliance; human research subject surveys by the IRB; etc.).  Information required includes but is not limited to: a description of the survey project, including the purpose and intended use of results; the specific respondent population receiving the survey; the method of survey distribution (e.g. online or hard copy, via email, in class, at event, etc.); the time frame for administering the survey, including beginning and end dates; evidence of IRB approval (if necessary); description of any planned incentive program for respondents; and a current draft of the survey and all invitation and cover letters.

If a recurring survey has been approved in an earlier year, it will be necessary only to submit information about the proposed administration dates.  Surveys that had been approved in prior years, but which have been significantly changed, must be re-approved.

The approving authority will review the survey application and provide a response to the applicant within ten (10) business days of the date the proposal was received.  The answer to the following questions will be used when making decisions about approving the administration of surveys to the prospective respondents:

The approving authority will provide feedback to the applicant, either approval of the survey project as is or a change notice with feedback regarding specific changes needed for approval.

Guidelines for Conducting a Survey

All surveys conducted at Canisius College must adhere to the following guidelines:

Confidentiality

Personally identifiable information may be collected only as required in relation to the expressly stated purpose of research or a project.

Data Security

The researcher assumes the full responsibility for the security and privacy of the data.  The investigator must ensure that the host system provides security in both data transfer and storage (e.g., disassociation of responses from the ISP address, SSL encryption, and firewall and intrusion prevention technology).

The person conducting a survey is responsible for managing and releasing the data collected. Raw data from surveys are typically not shared with people outside of the college except under special circumstances.  If survey data is shared, the use of the data must be approved by the appropriate Senior Leadership Team member and conform to applicable college policies and laws pertaining to privacy matters (i.e., Student Records (FERPA), Confidential Information Policy, Health Insurance Portability and Accountability Act (HIPAA), Information Security, Identity Theft Prevention).

Sanctions

Failure to adhere to the policies, procedures and guidelines relating to the use of surveys will result in a written notification to the data collector and the Senior Leadership Team member who is responsible for their department.  Violators of this policy must receive clearance from the Senior Leadership Team member to administer any future surveys for a period determined by the Senior Leadership Team member.  Violations of college policies pertaining to privacy matters (i.e., Student Record (FERPA), Health Insurance Portability and Accountability Act (HIPAA), Information Security, Identity Theft Prevention) may result in appropriate disciplinary measures.

RELATED POLICIES

Confidential Information Policy

Health Insurance Portability and Accountability Act Policy

Information Security Program

Institutional Data Requests Policy

Human Subjects Research (IRB) Policy

Mass Email Policy

Student Records (FERPA) Policy

2.1.12     Voter Registration Policy

VOTER REGISTRATION POLICY

Effective Date:

May 8, 2017

Policy Number:

II – 2.1.12

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Vice President for Student Affairs

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to comply with The Higher Education Amendments of 1998 (20 U.S.C. § 1094(a)(23)(A)), which requires educational institutions receiving Federal funding to make a good faith effort to distribute voter registration forms to each student in attendance.

POLICY

It is the policy of Canisius College to make voter registration forms available to every student on an annual basis.

PROCEDURES/GUIDELINES

Each year, Canisius College provides voter registration information and access to voter registration forms to enrolled students.  The Office of Student Life sends an email to each student giving them a link to the voter registration form on the Erie County Board of Elections voter registration website. 

In addition, the college posts the following voter registration links on the Higher Education Opportunity Act Information webpage (see https://www.canisius.edu/academics/office-academic-affairs/higher-education-opportunity-act-information):

RELATED POLICIES

Not applicable.

2.1.13     Volunteers Policy

VOLUNTEERS POLICY

Effective Date:

May 8, 2017

Policy Number:

II -2.1.13

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Associate Vice President for Human Resources and Compliance

Applicability:

All departments of the College.

History:

 


PURPOSE

The purpose of this policy is to provide guidance for use of volunteers by college departments, as well as reduce volunteer risk and protect the interests of the college, its volunteers, and the community it serves.

POLICY

College departments may use volunteers to accomplish certain work as well as extend their budgets.  Volunteer services must be properly authorized by the host department and Human Resources.  Authorized volunteers are agents of the college, therefore qualifications, background and suitability of the individual must be considered before offering an opportunity to volunteer.  Unauthorized volunteers may not be permitted to perform any duties or services on behalf of the college.  Moreover, any individual listed on a sex offender registry or who has been convicted of an offense for which he or she must register as a sex or violent offender may not serve as a volunteer.  No department may discriminate in selecting volunteers based on age, race, religion or creed, color, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic victim status, pregnancy, citizen status, disability, or any other status protected by state or federal law.

Under federal law, individuals holding F-2, J-2 and H-4 visa statuses are prohibited from volunteering in the same departments and on similar projects as paid college employees. Individuals holding B-1 or B-2 visas are prohibited from volunteering in any capacity at the college.

DEFINITIONS

Protected Persons—include minors, developmentally disabled individuals regardless of age and vulnerable individuals regardless of age.  Vulnerable individuals include those who are mentally incapacitated, whether temporarily or permanently, for any cause including but not limited to intoxication, drugs, or mental incompetence.

Volunteer—any uncompensated individual who is authorized by a college department or unit to perform humanitarian, charitable or public services on behalf of the college, or to gain personal or professional experience in specific endeavors.  By definition, volunteers perform services without promise, expectation or receipt of any compensation, future employment or any other tangible benefit.

Vulnerable Population Programs - means college-sponsored programs and activities, including but not limited to academic programs and camps, serving protected persons.

PROCEDURES/GUIDELINES

Responsibilities and Rights of College Volunteers

Canisius College volunteers must comply with college and department policies and procedures, as well as legal requirements that govern their actions.  These include but are not limited to those relating to employee conduct, safety, confidentiality, sensitive information, protected health information, college computer and network system use, financial responsibility, and drug or alcohol use.  Department heads are responsible for making certain volunteers comply with all applicable policies, procedures, and laws.

Volunteers are not covered by the Fair Labor Standard Act and therefore are not considered employees for any purpose.  As such, they are not eligible for compensation or benefits.

Eligibility

Anyone, including retirees, students, alumni, or others, may provide volunteer services to the college, with the following restrictions:

Selection and Assignment

When selecting and engaging a volunteer, it is the department’s responsibility to be certain the individual has adequate experience, qualifications, and training for the assigned task(s).  The following procedures are required to engage a volunteer:

Dismissal

A volunteer’s term of service may be terminated at any time and without prior notice by the supervisor or the appropriate Senior Leadership Team member.

RELATED POLICIES

Background, Reference, and Verification Screens Policy

2.1.14     Whistleblower Policy

WHISTLEBLOWER POLICY

Effective Date:

May 8, 2017

Policy Number:

II-2.1.14

Supersedes:

 

Issuing Authority:

Board of Trustees

Responsible Officer:

College Compliance Officer

Applicability:

All members of the Canisius College community.

History:

 


PURPOSE

The purpose of this policy is to protect any Canisius College personnel or other member of the college community (“individuals”) who makes a good faith disclosure of suspected wrongful conduct.  This policy provides a mechanism for and encourages individuals to report wrongful conduct or raise any ethics-related questions or concerns, free from any fear of reprisals.

POLICY

College personnel have an affirmative obligation to report in good faith any actual or suspected wrongful conduct (see Definitions) to the college in accordance with the Reporting Procedures set forth in the Procedures and Guidelines section of this policy.  Moreover, Canisius College encourages all other members of the college community, acting in good faith, to raise any ethics-related questions and report suspected or actual wrongful conduct.

The person who receives a report of a suspected wrongful conduct pursuant to this policy is obligated to investigate it or to refer it to the appropriate vice president or the compliance officer for investigation.  The vice president or compliance officer shall promptly report the matter to the college president, and the report will be referred to and investigated by the Audit Committee in accordance with the Reporting Procedures set forth in the Procedures and Guidelines section of this policy.  An individual who reports an incident of wrongful conduct shall be informed that such an investigation was undertaken and, except in cases where confidentiality of other employees or their employment records would be compromised or in other compelling circumstances, of the results of that investigation.

All college personnel are obligated to cooperate fully in the investigation of any allegation of wrongful conduct.

DEFINITIONS

Baseless Claim—an allegation made with reckless disregard for its truth or falsity.

College Personnel—Canisius College trustees, executive officers, administrators, faculty, staff, student employees, contractors, and others who act on behalf of the college.

Compliance Officer—the vice president for student affairs, who performs the function of the college’s overall ethics and compliance officer.

Good Faith Report—an allegation of wrongful conduct made by an individual who believes that wrongful conduct may have occurred.  However, an allegation is not in good faith if it is made with reckless disregard for or willful ignorance of facts that would disprove the allegation.

Protected Disclosure—communication about actual or suspected unethical behavior or wrongful conduct engaged in by a college employee, student, volunteer, agent or contractor (who is not also the disclosing individual) based on a good faith and reasonable belief that the conduct has both occurred and is wrongful under applicable law and/or college policy.

Retaliation—adverse action against an individual because she or he has made a protected disclosure or has participated in an investigation, proceeding, or hearing involving a protected disclosure.

Wrongful Conduct—Violations of applicable state and federal laws or regulations, fraud, accounting irregularities, auditing abuse, falsification or records, improper destruction of college records, conflicts of interest, impeding a college or law enforcement investigation, violation of a government contract or grant requirement, research misconduct, serious violation of college policy, or the use of college property, resources, or authority for personal gain or other non college-related purpose except as provided under college policy.

PROCEDURES/GUIDELINES

Reporting Procedures

Members of the campus community can report suspected wrongful conduct to the college as follows:

Confidentiality.  Reports of wrongful conduct may be made confidentially, and even anonymously, although the more information given, the easier it is to investigate the reports.  If an individual believes that a report should be made anonymously, that report can be made to the compliance officer.  The college will prescribe the methods of reporting, including any confidential hot line.  The identity of individuals making reports will be protected to the extent permitted by law.

Non-Retaliation

Reporting wrongful conduct is a service to the college and will not jeopardize anyone’s employment or status with the college.  Furthermore, the college will not tolerate retaliation toward or harassment of individuals who, in good faith, report an incident of wrongful conduct.  College personnel who take such retaliatory or harassing actions will be subject to discipline by the college.  Similarly, students and other members of the college community who take retaliatory or harassing actions will be subject to discipline by the college.  Such disciplinary action may include termination, suspension, expulsion, cancellation of the applicable vendor contract, removal from campus, and/or any other action the college deems necessary.

In addition to the above, college personnel may not retaliate against an individual who has refused to obey an illegal order or directly or indirectly use or attempt to use their official authority or influence of their positions or offices to interfere with the right of an individual to make a protected disclosure.

Individuals who have been subjected to an adverse academic or employment action based on his or her good faith report of alleged wrongful conduct may contest the action by filing a written complaint with the compliance officer.

The prohibition against retaliation is not intended to prohibit supervisors and the administration from exercising legitimate supervisory responsibilities in the usual scope of their duties.

Investigation and Resolution

The appropriate area vice president or the Audit Committee if the alleged wrongful conduct involves a fiduciary matter or the potential for litigation will oversee the investigation of a report of wrongful conduct promptly and with discretion, and all information obtained will be handled on a “need to know” basis.  In conducting an investigation, the college may enlist outside legal, accounting, or other advisors as appropriate to conduct any investigation.

The college’s investigation will determine whether reasonable cause exists to believe that wrongful conduct has occurred.  If reasonable cause does not exist, case will be closed.  If, however, reasonable cause does exist, the matter will proceed in accordance with the college’s due process practices as follows:

In addition, if illegal activity is suspected, the case will be referred to local law enforcement.

Prohibition Against Retaliation

The college is committed to the protection of both the accused and the accuser in the reporting wrongful conduct.  Therefore, attempts by college personnel and other members of the college community to discredit others through inappropriate use of reports made under this policy will be subject to discipline by the college.  Such disciplinary action may include termination, suspension, expulsion, cancellation of the applicable vendor contract, removal from campus, and/or any other action the college deems necessary.

Athletics

College personnel are bound by that manual and should consult with the Athletic Director or the college’s compliance officer in the event of any conflict between that manual and this policy.

Baseless Claims

An individual who makes a baseless claim may be subject to disciplinary action by the college and/or legal recourse by individuals who are falsely accused. 

Other Remedies and Appropriate Agencies

In addition to the internal complaint process set forth above, any member of the campus community who has information concerning allegedly unlawful conduct may contact the appropriate government agency or call the New York Attorney General’s Office.

Record Retention

The college will retain any reported complaints or concerns regarding wrongful conduct and will maintain a record of its efforts to investigate and resolve any complaints or concerns for a period of no less than seven (7) years.

Acknowledgment of Policy

This policy shall be distributed to all current trustees, officers, faculty, staff, and volunteers providing substantial services to the college at the onset of their term of service and annually thereafter.  Anyone who receives a copy of this policy for review shall acknowledge that they have read and understood the policy through review and acceptance on the Human Resources Portal.

RELATED POLICIES

Conflict of Interest Policy

Record Retention and Disposal Policy

Research Ethics and Conduct Policy

Standards of Ethical Conduct


2.1.15     General Data Protection Regulation Privacy Statement

GDPR Privacy Statement

Effective Date:

May 25, 2018

Policy Number:

II-2.1.15

Supersedes:

 

Issuing Authority:

President

Responsible Officer:

College Compliance Officer

Applicability:

All members of the Canisius College community.

History:

 

This privacy statement has been designed to provide members of our campus community and third parties with information on how the College collects and processes Personal Information and Sensitive Personal Information. This statement assists specifically with compliance with the European Union General Data Protection Regulation (“GDPR”).

Lawful Basis for the Information We Collect

As an institution of higher education, Canisius College has lawful bases to collect, process, use, and maintain the Personal Information and Sensitive Personal Information of its students, employees, applicants, research subjects, donors, volunteers, and others involved in its educational, research, and community programs.  The lawful bases include, without limitation, admission, registration, delivery of classroom, on-line, and study abroad education, grades, communications, employment, applied research, institutional advancement, program analysis for improvements, and records retention.

For purposes of this Privacy Notice, Sensitive Personal Information is defined as race, ethnic origin, religious or philosophical beliefs, health data, sexual orientation, and criminal convictions.  Personal Information refers to any other information concerning a natural person that is created by or provided to the College from or concerning students, applicants for employment, donors, and research subjects.

In general, the College’s collection and processing of Personal Information and Sensitive Personal Information will fall under the following categories:

There will be some instances where the collection and processing of Personal Information and Sensitive Personal Information will be pursuant to other lawful bases.

We do not collect any Personal Information and Sensitive Personal Information through our website and other platforms, unless it is voluntarily provided by you. In such instances, we will never sell or trade the information you provide to us, unless we have your consent in doing so, or if the information is needed for legal processes.

Note: As GDPR is a new law, the conditions identified above may be subject to change as more guidance is given or precedents are set.

How We Collect Information

At  Canisius College, we may collect Personal Information from or about you in a number of ways, for example:

Types of Information Collected and Why

The College collects a variety of Personal Information and Sensitive Personal Information to meet one of its lawful bases as referenced above.  Examples of Personal Information and Sensitive Personal Information that the College may collect through our website or other platforms in connection with the lawful bases may include:

If a data subject refuses to provide Personal Information and Sensitive Personal Information that is required by the College in connection with one of the lawful bases referenced above to collect such information, such refusal may make it impossible for the College to provide education, employment, research or other requested services.

Where We Store Your Information and How We Secure It

The Personal Information and Sensitive Personal Information that we collect from you or receive under your direction may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us. By submitting your personal data, you agree to this transfer, storing or processing.

Once we have received your information, we will use reasonable policies, procedures and security features to try to prevent unauthorized access. We have security in place such as firewalls, backup and other appropriate technical security measures.  We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Statement, as well as the College’s technical and organizational security policies, procedures and measures. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our website; any transmission is at your own risk.

Sharing Your Information with Others

We may disclose your Personal Information and Sensitive Personal Information as follows:

 

If your Personal Information or Sensitive Personal Information is transferred to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements or by relying on certification schemes. You have a right to obtain details of the mechanism under which your Personal Information or Sensitive Personal Information is transferred outside of the EU by contacting

Canisius College

2001 Main Street, Buffalo NY 14208-1517

Phone: (716) 883-7000

info@canisius.edu 

Moreover, we contractually require agents, service providers, and affiliates who may process your personal data to provide the same level of protections for personal data as required by the College.

Your Rights

In addition to your right to be informed of certain information contained in this privacy statement, you also have the following rights pursuant to the GDPR:

Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.

Cookie Policy

Cookies are files that many websites transfer to users’ web browsers to enable the site to deliver personalized services or to provide persistent authentication. The information contained in a cookie typically includes information collected automatically by the web server and/or information provided voluntarily by the user. 

The College’s website(s) uses cookies in conjunction with a third-party technology partner(s) to analyze search engine usage and web traffic patterns. This information is used in the aggregate to monitor and enhance our web pages. It is not used to track the usage patterns of individual users.

Disabling Cookies

If you would like to restrict the use of cookies you can control this in your Internet browser. Links to advice on how to do this for the most popular Internet browsers are provided below for convenience and will be available for the Internet browser of your choice either online or via the software help (normally available via key F1).

Links to Other Websites

The College website(s) may contain links to other websites not affiliated with the College. We are not responsible for the privacy practices of these other sites. We encourage you to read the privacy statements of other sites for assurance that their practices safeguard your privacy.

Contact Us

If you have any questions about this Privacy Statement, the practices of the Site, or dealings with the Site or with us, contact:

Canisius College

2001 Main Street, Buffalo NY 14208-1517

Phone: (716) 883-7000

info@canisius.edu 

Changes to this Privacy Statement

The College has the discretion to update this privacy statement at any time. When we do, we will revise the updated date at the bottom of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. It is your responsibility to review this privacy statement periodically and become aware of modifications.

Your Acceptance of These Terms

By using this website, you signify your acceptance of this privacy statement. If you do not agree to this statement, please do not use our website. Your continued use of the website following the posting of changes to this statement will be deemed your acceptance of those changes.


2.1.16    Sexual Harassment Prevention Policy

SEXUAL HARASSMENT PREVENTION POLICY

Effective Date:

October 9, 2018

Policy Number:

II-2.1.16

Supersedes:

 

Issuing Authority:

President

Responsible Officer:

Associate Vice President for Human Resources & Compliance

Applicability:

All members of the Canisius College community.

History:

 


Introduction

Canisius College (Canisius) is committed to maintaining a workplace free from sexual harassment.  All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Canisius‘s commitment to a discrimination-free work environment together with Canisius’s Anti-Discrimination and Harassment Policy and Sexual and Gender-Based Misconduct Policy.

Sexual harassment is a form of workplace discrimination and is against the law.[1]  All persons covered by this Policy have a legal right to a workplace free from sexual harassment and are urged to report sexual harassment by filing a complaint internally with Canisius.  Complaints can also be filed with a government agency or in court under federal, state or local antidiscrimination laws.    

Policy:

  1. This Policy applies to the following persons regardless of immigration status:  all employees, applicants for employment, interns (paid or unpaid), and contractors, subcontractors, vendors, consultants and other persons providing services in the workplace pursuant to a contract with Canisius or any of their employees who are providing services in the workplace.[2]  (All of these persons are referred to in the remainder of this Policy singularly as “Covered Person” and collectively as “Covered Persons.”)
  2. Sexual harassment is prohibited and will not be tolerated.  Any Covered Person who engages in sexual harassment will be subject to remedial and/or disciplinary action (e.g., counseling, suspension or termination).  Any Covered Person who believes he or she has been a target of sexual harassment should report it using the procedures explained below in the section titled “Reporting Sexual Harassment and Retaliation.” 
  3. Retaliation is prohibited.  Canisius will not tolerate any retaliatory adverse action against any Covered Person who, in good faith, reports sexual harassment or who provides information, testifies or otherwise assists in any investigation of or proceeding involving sexual harassment.  Any Covered Person who engages in such retaliation will be subject to disciplinary action, up to and including termination.  Any Covered Person who believes he or she has been a target of retaliation should report it using the procedures explained below in the section titled “Reporting Sexual Harassment and Retaliation.”   
  4. Sexual harassment and retaliation are unlawful and a violation of this Policy and may subject Canisius to liability for harm to targets of such conduct.  Persons who engage in sexual  harassment and retaliation may also be subject to individual liability.  Covered Persons of every level who engage in sexual harassment and/or retaliation, including managers and supervisors who engage in such conduct or who knowingly allow such conduct to continue, will be penalized for such misconduct.   
  5. All Covered Persons are encouraged to report any sexual harassment, retaliation or behaviors that violate this Policy.  Canisius will provide a complaint form for reporting such conduct and filing complaints. 
  6. Managers and supervisors are required to report any complaint of sexual harassment or retaliation that they receive or any sexual harassment that they observe or become aware of to the Interim Title IX Coordinator in the Human Resources Department.
  7. Canisius will conduct a prompt and thorough investigation that ensures due process for all parties whenever management receives a complaint about sexual harassment or retaliation or otherwise knows of possible sexual harassment or retaliation occurring.  Canisius will keep the investigation confidential to the extent possible.  Effective corrective action will be taken whenever sexual harassment or retaliation is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation.
  8. This Policy applies to all Covered Persons and all must follow and uphold it.  This Policy must be provided to all employees and will be provided to employees upon hiring.

What Is “Sexual Harassment”?

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.  This Policy prohibits sexual harassment even where it may not rise to the level of violating applicable law.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance. 

 Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.

Any Covered Person who feels harassed should make a report so that any violation of this Policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this Policy.

Examples of sexual harassment

The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:

Who can be a target of sexual harassment?

Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.

Where can sexual harassment occur?

Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours.

Retaliation

Unlawful retaliation can be any action that could discourage a person from coming forward to make or support a sexual harassment claim.  Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).  This Policy prohibits retaliation even where it may not rise to the level of violating applicable law.

Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:

     

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.

Reporting Sexual Harassment and Retaliation

Preventing sexual harassment and retaliation is everyone’s responsibility. Canisius cannot prevent or remedy sexual harassment and retaliation unless it knows about them. Any Covered Person who has been subjected to behavior that may constitute sexual harassment or retaliation should report such behavior to his or her supervisor or manager or to the Interim Title IX Coordinator in the Human Resources Department. Anyone who witnesses or becomes aware of potential instances of sexual harassment or retaliation should report such behavior to his or her supervisor or manager or to the Interim Title IX Coordinator in the Human Resources Department.

Reports of sexual harassment and/or retaliation may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all Covered Persons are encouraged to use this complaint form (“Complaint Form”).  The complaint form is also available in Volume II of the campus wide Policy Manual, the Human Resources Portal or the Human Resources Department.  Covered Persons who are reporting sexual harassment or retaliation on behalf of other persons should use the complaint form and note that it is on another person’s behalf.

Covered Persons who believe they have been a target of sexual harassment or retaliation may also seek assistance in other available forums, as explained below in the section on Legal Protections.

Supervisory Responsibilities

All supervisors and managers who receive a complaint or information about suspected sexual harassment or retaliation, observe what may be sexually harassing behavior or retaliation or for any reason suspect that sexual harassment or retaliation is occurring, are required to report such suspected sexual harassment or retaliation to the Interim Title IX Coordinator in the Human Resources Department.

In addition to being subject to discipline if they engaged in sexually harassing conduct or retaliation themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.

Supervisors and managers will also be subject to discipline for engaging in any retaliation or otherwise knowingly allowing retaliation to continue.

Complaint and Investigation of Sexual Harassment and Retaliation

All complaints or information about sexual harassment or retaliation will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.

An investigation of any complaint, information or knowledge of suspected sexual harassment or retaliation will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.

Any employee or other Covered Person may be required to cooperate as needed in an investigation of suspected sexual harassment or retaliation. Canisius will not tolerate retaliation against Covered Persons who file complaints, support another’s complaint or participate in an investigation regarding a violation of this Policy.

While the process may vary from case-to-case, investigations should be done in accordance with the following steps:

Legal Protections And External Remedies

Sexual harassment and retaliation are not only prohibited by this Policy but are also prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at Canisius, Covered Persons may also pursue legal remedies with the following governmental entities.  While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

In addition to those outlined below, Covered Persons in certain industries may have additional legal protections.

New York State Human Rights Law (HRL)

The New York State Human Rights Law (HRL), codified at N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints may be filed with DHR any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to Canisius does not extend the time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458.  You may call (718) 741-8400 or visit, www.dhr.ny.gov.

Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.

 

Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified at 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.  In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discriminated against at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.


CANISIUS COLLEGE

 COMPLAINT FORM

SEXUAL HARASSMENT AND RETALIATION

                           

New York State Labor Law requires all employers to adopt a sexual harassment prevention policy that includes a complaint form to report alleged incidents of sexual harassment and retaliation.

If you believe that you have been subjected to sexual harassment or subjected to retaliation for reporting sexual harassment or assisting in an investigation of sexual harassment, you are encouraged to complete this form and submit it to the College’s Title IX Coordinator.

The Title IX Coordinator is Linda M. Walleshauser, Associate Vice President for Human Resources and Compliance, Interim Title IX Coordinator, Old Main 100, walleshl@canisius.edu, 716-888-2244.You will not be retaliated against for filing a complaint.

If you are more comfortable reporting verbally or in another manner, Canisius will complete this form and provide you with a copy and follow its sexual harassment prevention policy by investigating the claims are outlined at the end of this form.

 

For additional resources, visit: 

ny.gov/programs/combatting-sexual-harassment-workplace

 

YOUR INFORMATION

Name: __________________________________

Work Address:  ___________________________       Work Phone: ____________________

                            ___________________________

Job Title:  _______________________________        Email:__________________________  

Best way to contact you:  _____Email     _____Phone _____In person

 

SUPERVISORY INFORMATION

Immediate Supervisor’s Name:  _______________________________________________

Title:  ____________________________________

Work Address:  ____________________________     Work phone: ___________________

  

COMPLAINT INFORMATION

1.      You complaint is about:  ____ sexual harassment      ____ retaliation

2.      Your complaint is made about:

            Name: ____________________________        Title:__________________________

            Work Address:______________________        Work Phone: ___________________

                                  ______________________

 

         Relationship to you:  ___ Supervisor   ___ Subordinate   ___ Co-Worker   ___ Other

3.      Please describe what happened and how it is affecting you and your work.  (Please use additional sheets of paper if necessary and attach any relevant documents or evidence.) 

 

 

4.       Date(s) conduct occurred: ________________________________________________

          

           Is the conduct continuing?     _____ Yes    ____ No

 

5.       Please list the name and contact information of any witnesses or individuals that may have information related to your complaint.

 

           The last question is optional, but may help the investigation.

 

6.       Have you previously complained or provided information (verbal or written) about related incidents?  If yes, when and to whom did you complain or provide information? 

 

 

If you have retained legal counsel and would like us to work with them, please provide their contact information.

   

Signature: _________________________________  Date:  ________________________

 

Investigation Procedures

 

If Canisius receives a complaint about alleged sexual harassment or retaliation it will follow its sexual harassment prevention policy.

An investigation involves:

While the process may vary from case to case, all allegations will be investigated promptly and resolved as quickly as possible. The investigation will be kept confidential to the extent possible.

The findings of the investigation and basis for any decision along with any corrective actions taken will be documented and the person making the complaint and the individual(s) against whom the complaint was made will be notified.  This may be done via email.

This form may also be viewed and completed in PDF format, listed below: 

Canisius Sexual Harassment Complaint Form October 2018 final.pdf

 



[1] While this policy specifically addresses sexual harassment, harassment because of and discrimination against persons of all protected classes is prohibited.  In New York State, such protected classes include. but are not limited to, age, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital status, domestic violence victim status, gender identity and criminal history.    

[2] Non-employees covered by this Policy include persons commonly referred to as independent contractors, “gig” workers and temporary workers.  Also included are persons employed by a third-party who are providing any services, such as equipment repair or cleaning services.

 



[1] For additional information regarding non-commercial use, please refer to Aufderheide, Patricia; Jaszi, Peter (2011). "Appendix D: Myths and Realities About Fair Use". Reclaiming Fair Use: How to Put Balance Back in Copyright. Chicago: University of Chicago Press.

[2] U.S. Copyright Office. (2010). Executive Summary - Digital Millennium Copyright Act. Retrieved from http://www.copyright.gov/reports/studies/dmca/dmca_executive.html

[3] U.S. Copyright Office. (2010). Statement from the Librarian of Congress on the Anticircumvention Rulemaking.  Retrieved from http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-Statement.html

[4] Note: Current employees are not obligated to complete the forms set forth in the Appendix.