Religious Policy Statement

The Sage Colleges recognize the value of participation in and observance of religious obligations and practices by individual students. No student will be denied admission or suspended because a religious observance prevents participation in any examination, study, or work requirement. A student who intends to be absent from classes for a religious observance must notify each instructor in advance and make arrangements to complete the examination, study, or work missed. An opportunity will be provided for each student to make up any examination, study, or work requirement for an absence due to religious observance.

Services for Students with Disabilities

The Sage Colleges promote self advocacy for students with disabilities and facilitates a positive and adaptive learning environment for such students. Students seeking accommodations are required to present a recent (within the past three years of the current date or as prevailing scientific knowledge warrants) evaluation of their disability conducted by a licensed professional. It is imperative that upon admission, students requesting accommodations contact the Director of Disability Services in the Academic Support Center, with offices in Hart Hall in Troy (2446874) and Kahl Campus Center in Albany (2928624). Following is the complete College policy and a review of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

Rehabilitation Act of 1973, Section 504

From Rights of Individuals with Handicaps under Federal Law

U.S. Department of Education/Office of Civil Rights

As part of the Rehabilitation Act of 1973 (Public Law 93-112), Congress enacted Section 504, the first federal civil rights law protecting the rights of individuals with handicaps. Section 504 provides that no otherwise qualified handicapped individual in the United States...shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Section 504 covers only those persons with handicaps who are otherwise qualified to participate in and benefit from the programs or activities receiving federal financial assistance. This coverage extends to persons who have handicaps as well as persons who have a history of a handicapping condition and persons perceived by others to have a handicap.

An individual with handicap(s) is anyone with a physical or mental impairment that substantially impairs or restricts one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The term physical or mental impairment includes, but is not limited to, speech, hearing, visual and orthopedic impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, diabetes, heart disease, mental retardation, emotional illness, and specific learning disabilities such as perceptual handicaps, brain injury, dyslexia, minimal brain dysfunction, and developmental aphasia. In accordance with a formal opinion issued by the Attorney General in 1977, alcoholism and drug addiction are also handicapping conditions.1

1 Although alcoholism and drug addiction are handicapping conditions, the 1978 amendments to the Rehabilitation Act of 1973 (Public Law 95-602) clarified the status of alcohol and drug abusers as they relate to employment by stating that the term handicapped ...does not include any individual who is an alcoholic or drug abuser and whose current use of alcohol or drugs prevents such individual from performing the duties of the job in question, whose employment by reason of such current alcohol or drug abuse would constitute a direct threat to property or the safety of others.

For purposes of postsecondary and vocational education services, a qualified handicapped person is an individual with handicap(s) who meets the academic and technical standards requisite to admission or participation in the recipients education program or activity. The Sage Colleges are recipients.

The regulation enumerates specific programs and activities which postsecondary and vocational education recipients must operate in a nondiscriminatory manner. This includes, but is not limited to: recruitment, admission, academic programs, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, and extracurricular programs. For federally assisted programs or activities operated by postsecondary education recipients, the specific obligations with regard to students with handicaps include the following:

Qualified handicapped persons must be afforded an equal opportunity to participate in and benefit from all postsecondary education programs and activities, including education programs and activities not operated wholly by the recipient.

Qualified handicapped persons must be afforded the opportunity to participate in any course, course of study, or other part of the education program or activity offered by the recipient.

All programs and activities must be offered in the most integrated setting appropriate.

Americans with Disabilities Act (ADA) of 1990

Rehabilitation Act of 1973, Section 504

From Rights of Individuals with Handicaps under Federal Law

U.S. Department of Education/Office of Civil Rights

As part of the Rehabilitation Act of 1973 (Public Law 93-112), Congress enacted Section 504, the first federal civil rights law protecting the rights of individuals with handicaps. Section 504 provides that no otherwise qualified handicapped individual in the United States...shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Section 504 covers only those persons with handicaps who are otherwise qualified to participate in and benefit from the programs or activities receiving federal financial assistance. This coverage extends to persons who have handicaps as well as persons who have a history of a handicapping condition and persons perceived by others to have a handicap.

An individual with handicap(s) is anyone with a physical or mental impairment that substantially impairs or restricts one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The term physical or mental impairment includes, but is not limited to, speech, hearing, visual and orthopedic impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, diabetes, heart disease, mental retardation, emotional illness, and specific learning disabilities such as perceptual handicaps, brain injury, dyslexia, minimal brain dysfunction, and developmental aphasia. In accordance with a formal opinion issued by the Attorney General in 1977, alcoholism and drug addiction are also handicapping conditions.1

1 Although alcoholism and drug addiction are handicapping conditions, the 1978 amendments to the Rehabilitation Act of 1973 (Public Law 95-602) clarified the status of alcohol and drug abusers as they relate to employment by stating that the term handicapped ...does not include any individual who is an alcoholic or drug abuser and whose current use of alcohol or drugs prevents such individual from performing the duties of the job in question, whose employment by reason of such current alcohol or drug abuse would constitute a direct threat to property or the safety of others.

For purposes of postsecondary and vocational education services, a qualified handicapped person is an individual with handicap(s) who meets the academic and technical standards requisite to admission or participation in the recipients education program or activity. The Sage Colleges are recipients.

The regulation enumerates specific programs and activities which postsecondary and vocational education recipients must operate in a nondiscriminatory manner. This includes, but is not limited to: recruitment, admission, academic programs, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, and extracurricular programs. For federally assisted programs or activities operated by postsecondary education recipients, the specific obligations with regard to students with handicaps include the following:

Qualified handicapped persons must be afforded an equal opportunity to participate in and benefit from all postsecondary education programs and activities, including education programs and activities not operated wholly by the recipient.

Qualified handicapped persons must be afforded the opportunity to participate in any course, course of study, or other part of the education program or activity offered by the recipient.

All programs and activities must be offered in the most integrated setting appropriate.

Academic Accommodations

The Sage College is committed to achieving equal educational opportunity and full participation for persons with disabilities. Sage promotes self-advocacy for students with disabilities and facilitates a positive and adaptive learning environment.

Students Rights and Responsibilities

Every student with a documented disability has the following rights:

Equal access to courses, programs, services, jobs, activities and facilities available through the college.

Reasonable and appropriate accommodations, academic adjustments, and/or auxiliary aids determined on a case by case basis when requested by the student.

Appropriate confidentiality of all information pertaining to his/her disability with the choice of whom to disclose the disability to, except as required by law.

Information reasonably available in accessible formats.

Every student with a disability has the responsibility to:

Meet the colleges qualifications and essential technical, academic, and college standards.

Identify themselves in a timely manner to the Director of Disabilities Services as an individual with a disability when seeking accommodation.

Provide documentation to theDirector of Disabilities Services from an appropriate professional source that verifies the nature of the disability, functional limitations, and the need for specific accommodations.

Follow specific procedures for obtaining reasonable accommodations, academic adjustments, and/or auxiliary aids.

Faculty Members Responsibilities

Discuss with the student the accommodation letters presented to them for their review and sign the letters of accommodation with the student.

Discuss with the Director of Disabilities Services any concerns related to the accommodation or arrangements that have been requested by the student during the initial contact

Determine the conditions under which an exam is to be administered (e.g., computer with word processing including use of spell checker, calculator).

Provide appropriate accommodations.

Assure the timely delivery of an exam, along with necessary instructions and materials for proper administration, if the exam is to be administered outside of class. The faculty member may also make arrangements for the exam to be given to the student and for delivery and return of the exam.

Assure confidentiality of information regarding students with disabilities.

The Sage Colleges Rights and Responsibilities

The Sage College, through its Coordinator of Disabilities Services, has the right to:

Maintain the colleges academic standards.

Request current documentation from a student completed by an appropriate professional source to verify the need for reasonable accommodations, academic adjustments, and/or auxiliary aids.

Discuss a students need for reasonable accommodations, academic adjustments, and/or auxiliary aids with the professional source of his/her documentation with the students signed consent authorizing such discussion.

Select among equally effective and appropriate accommodations, adjustments, and/or auxiliary aids in consultation with the students with disabilities.

Deny a request for accommodations, academic adjustments, and/or auxiliary aids if: the documentation does not identify a specific disability, the documentation fails to verify the need for the requested services, or the documentation is not provided in a timely manner.

Refuse to provide accommodations, adjustments, and/or auxiliary aids that are inappropriate or unreasonable, including any that:

o Pose a direct threat to the health and safety of others;

o Constitute a substantial change or alteration to an essential element of a course or program; or

o Pose undue financial or administrative burden on the college.

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

Students requesting accommodations of either an academic or personal nature must meet with the Director of Disabilities Services and present appropriate documentation prior to receiving services. Documentation must be current (in most cases within three years of the current date or as prevailing scientific knowledge

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

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

Academic Adjustments

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

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

Procedures for Grievances Alleging Discrimination Based on Disability Any member of The Sage Colleges community, including faculty, administrators, staff, and students, who has any grievance in relation to the law or any acts prohibited by the law may file a written complaint within 30 working days of the occurrence of the alleged action. The complaint should be filed with the Director of Disabilities Services as the person designated to coordinate the efforts of the college to comply with and carry out its responsibilities under the law. The written complaint should explain who was discriminated against in what way by whom, when the discrimination took place who can be contacted for further information The name, address, and telephone number of the complainant and as much background information as possible about the alleged discriminatory act. These are suggestions, not requirements. Within five working days, the Director of Disabilities Services shall acknowledge receipt of the complaint and assign an individual to investigate the complaint. The individual investigating the complaint shall submit a written report to the Director with a copy to the complaint within 10 working days from the date assigned. The complainant shall have 10 working days from receipt of the investigation report to contact the Director to support or refute information contained in the investigation report. The Director of Disabilities

Policy On Non Discrimination In compliance with Title VI and Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act of 1973 and other applicable federal, state and local laws, The Sage Colleges does not discriminate on the basis of race, color, gender, sexual orientation, age, religion, national origin, marital status, Vietnam era veteran status, or physical or mental disability, in any aspect of its admissions or financial aid programs, educational programs and related activities, or with respect to employment and advancement in employment.

Caryn Kent, Director of Human Resources, is the individual designated by the College to coordinate its efforts to comply with Title VI, Title IX, and other applicable nondiscrimination laws and regulations. Katherine Norman, Director of Disability Services, is the individual designated by the College to coordinate its efforts to comply with Section 504.

Questions or concerns regarding the scope and application of The Sage Colleges nondiscrimination against individuals with disabilities should be directed to The Sage Colleges Section 504 Compliance Officer, Katherine Norman, Director of Disability Services, Third Floor of Albany Library and Hart Hall, The Sage Colleges (518) 292-8624, (518) 244-2208.

Questions or concerns regarding the scope and application of the remainder of The Sage Colleges nondiscrimination policy should be directed to The Sage Colleges Title IX Coordinator and Affirmative Action Officer, Caryn Kent, DIR of Human Resources, Plum III, The Sage Colleges, (518) 244-2391.

Office for Civil Rights, New York Office

U.S. Department of Education

75 Park Place, 14th Floor

New York, NY 10007-2146 (212) 637-6466

FAX# (212) 264-3803; TDD (212) 637-0478

Discrimination/Harassment Complaint Policy & Procedure For Students

Policy On Non-Discrimination
In compliance with Title VI and Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act of 1973 and other applicable federal, state and local laws, The Sage Colleges does not discriminate on the basis of race, color, gender, sexual orientation, age, religion, national origin, marital status, Vietnam era veteran status, or physical or mental disability, in any aspect of its admissions or financial aid programs, educational programs and related activities, or with respect to employment and advancement in employment.

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

Policy on Harassment
The Sage Colleges is committed to providing a work and learning environment that is free from harassment by anyone based on an individuals race, color, gender, sexual orientation, age, religion, national origin, marital status, Vietnam era veteran status, physical or mental disability, or based on the fact that the individual has engaged in activity protected by federal or state laws prohibiting discrimination. Prohibited harassment of any sort, whether verbal, physical or visual, will not be tolerated. The Colleges policy on Sexual Assault, issued pursuant to 34 C.F.R. Part 668, may be found at page 7 of this Handbook.

What Is Prohibited Harassment?
Prohibited harassment is a form of discrimination. In general, it can consist of words, signs, jokes, pranks, intimidation, or physical violence based on the protected characteristics of an employee or student, which alters the work or educational environment of that employee or student. While the most well known type of prohibited harassment is sexual harassment, applicable laws and/or this policy also prohibit harassment based on an individuals race, color, sexual orientation, age, religion, national origin, marital status, or physical or mental disability. In addition, retaliatory harassment resulting from the fact an individual has engaged in protected activity (i.e., opposition to prohibited discrimination or participation in a statutory complaint process) is also prohibited. This prohibition applies to anyone on The Sage Colleges campuses. Harassment of students who are working or studying outside the campus proper is prohibited as well. The College is committed to preventing and correcting all such harassment, not just harassment which is severe or pervasive enough to provide the basis for a claim under federal or state law.

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

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

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

Other Types of Harassment
Prohibited harassment on the basis of race, color, sexual orientation, age, religion, national origin, marital status, or physical or mental disability, or any other protected basis, includes behavior similar to sexual harassment, such as: verbal conduct, such as threats, epithets, derogatory comments, or slurs visual conduct, such as derogatory posters, photographs, cartoons, drawings, or gestures and physical conduct, such as assault, unwanted touching, or blocking normal movement. The Sage Colleges will not tolerate any such harassment.

Reporting Prohibited Harassment
Each student and employee of The Sage Colleges has an obligation to report discrimination and prohibited harassment to an appropriate College official. Any student who believes he or she is the victim of discrimination or prohibited harassment should report it to any Compliance Officer. The identities of these individuals are provided at the end of this policy.

Alternatively, any student who believes he or she has been the victim of harassment based on sex may utilize the Title IX complaint procedure described in this Handbook. A student who believes he or she has been harassed on the basis of a disability may also utilize the Section 504 complaint procedure described in this Handbook.

Investigation of Complaints
When the College becomes aware that discrimination or prohibited harassment may exist, it is obligated by law to promptly investigate and to take prompt and appropriate action. Failure to investigate allegations of discrimination or prohibited harassment or failure to take timely corrective action is considered a violation of The Sage Colleges Discrimination/Harassment Policy & Procedure.

Once a complaint of discrimination or prohibited harassment has been made either in writing or orally by a student, or observed discrimination or harassment of a student has been reported, The Director of Human Resources or his or her designee will promptly conduct a complete, thorough and impartial investigation of the complaint. If the Director of Human Resources is involved in the alleged discrimination or harassment, another person will be designated by The President to conduct the investigation. In addition, while the investigation is being conducted, appropriate intermediate steps to end the discrimination and/or harassment will be taken.

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

Confidentiality
The Sage Colleges will, to the extent possible, maintain confidentiality with respect to complaints of discrimination and prohibited harassment. However, there is no such thing as an unofficial complaint of discrimination or harassment. Once the College or its supervisors become aware of a complaint, the College is required by law to take action consistent with this policy.1 These actions may require disclosure of the allegations to the extent necessary to conduct a complete and thorough investigation.

1 College employees who learn of alleged discrimination or prohibited harassment as a result of privileged communications with a student (e.g., through a counseling relationship) are exempted from this requirement.

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

Prohibition of Retaliation
It is a violation of federal and state law and this policy for any employee to retaliate against any student who has in good faith made a complaint of discrimination or harassment, or who has participated in the investigation of such a complaint. This prohibition extends to all forms of adverse treatment resulting from an individuals opposition to discrimination or participation in the investigation of a complaint. A student who does so will be subject to discipline up to and including dismissal from The Sage Colleges. Any employee who engages in retaliatory behavior will be subject to discipline, up to and including discharge.

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

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

Dean of Campus Life Currently: Trish Cellemme Kahl Campus Center Ext. 1710 (292-1710)Dean, Sage Graduate School Currently: John Tribble Frear House Ext. 2264 (244-2264)Dean, Sage College of Albany Currently: Terry Wiener Kahl Campus Center Ext. 1704 (292-1704)

Dean, Russell Sage College Currently: Sharon Robinson Vanderheyden Hall Ext. 2466 (244-2466)Dean of Students, RSC Currently: David Milford Cowee II Ext. 2207 (244-2207)Dean of Students, SCA Currently: Kris Gleason Kahl Campus Center Ext. 1753 (292-1753)

SECTION 504 AND TITLE IX COMPLAINT PROCEDURE
Any student who believes he or she has been discriminated against with respect to access to or participation in the Colleges educational programs or activities or harassed on the basis of his or her sex, or a disability protected by Section 504 of the Rehabilitation Act may utilize the following complaint procedure. This procedure applies to complaints alleging discrimination and/or harassment by employees, other students, or third parties. Student complaints of sexual or disability-based harassment or discrimination may be made under this complaint procedure, or under The Sage Colleges Discrimination/Harassment Complaint Policy & Procedure.

The Sage Colleges objective, as a college, is to resolve conflicts to the satisfaction of all parties involved through informal, internal mechanisms, whenever possible. In accordance with this objective, students are encouraged to utilize the appropriate chain of supervision to seek relief or redress before filing a complaint of discrimination/harassment as outlined below. In the academic setting, this means the instructor, division chair, Dean, or Vice President for Academic Affairs for complaints related to a students experience outside the classroom, this means the person responsible for the student activity, the director of the related Student Affairs unit, one of the associate deans of students, or the Vice President for Campus Life. STUDENTS ARE NOT REQUIRED TO USE THIS INFORMAL PROCESS AND HAVE THE RIGHT TO END THE INFORMAL PROCESS AT ANY TIME.

A student or applicant who wishes to file a formal complaint of discrimination or harassment must do so with the Section 504 Compliance Officer (for disability related complaints) or the Affirmative Action Officer (AAO) (for all other complaints). When meeting with the Section 504 Compliance Officer or AAO to do so, the complainant will be given a written form to be completed. The Section 504 Compliance Officer or AAO will provide the complainant and respondent with copies of The Sage Colleges Discrimination/Harassment Complaint Policy & Procedure.

If rape, sexual assault or other criminal assault is alleged, the AAO will turn the complaint over to the Director of Public Safety, who will contact the appropriate external authorities and assist in their investigation as needed.

In all other cases, the Section 504 Compliance Officer or AAO will investigate the complaint and attempt to resolve the complaint informally. The time necessary to complete an investigation will vary depending on the facts of a particular case. In most cases, investigations will be completed within seven to ten days of receipt of a complaint.

In investigating the complaint, the Section 504 Compliance Officer or AAO shall:

1. Investigate the complaint by meeting with the appropriate individuals and reviewing all appropriate records that bear on the case.

2. Discuss the allegations in the complaint with the complainant(s) and respondent(s) separately. At these meetings, the complainant and respondent will have the opportunity to identify witnesses and present evidence supporting their respective positions.

3. Attempt, where appropriate, to resolve the complaint by exploring and suggesting possible solutions to the problem with all involved parties.

4. If the preceding step does not resolve the problem, the Section 504 Compliance Officer or AAO shall make and transmit a determination of probable or no probable cause in the matter of the allegation of discrimination/harassment to the complainant, the respondent, and the senior officer for the unit in which the respondent is employed (or the President if the respondent is a senior officer).

5. If probable cause has been determined, the responsible senior officer will impose appropriate discipline within ten days of receipt of the Section 504 Compliance Officers or AAOs determination. That discipline may take a variety of forms, depending on the circumstances of a particular case, and may include termination of employment for faculty and staff. For students, discipline may include dismissal from the College.

In the event that the determination of probable cause or no probable cause is disputed by either of the parties, or in the event that the action taken by the responsible senior officer to resolve a complaint is not satisfactory to one or both of the parties, the matter will be referred to an Appeal Board appointed by the President to examine the record of the complaint, the process by which it was investigated, and the nature of its resolution, and to make recommendation as to further action, if warranted.

1. The membership of the Appeal Board will vary depending on the circumstances of the particular case and will be constituted from among the various campus constituent groups. The Council of Faculty each year identifies four fulltime faculty members who are willing and prepared to serve in this capacity the Director of Human Resources identifies four members of the hourly staff and the Vice President for Academic Affairs and the Vice President for Finance and Administration together identify four administrators who can be called upon to serve. In cases involving students, the Vice President for Campus Life, in consultation with the Deans of the Colleges or the Associate Deans of Students as appropriate, will identify appropriate student representatives. No Appeal Board shall be constituted with fewer than five nor more than nine members.

2. Any individual approached to serve on an Appeal Board in a situation where he or she cannot be impartial is expected to identify such conflict and decline to serve. If those eligible to serve on the Appeal Board are not sufficient to reach the required minimum membership, the President will seek additional representatives from the appropriate constituent group(s) by the normal means for that group.

3. The AAO convenes the Appeal Board and attends its meetings, but will not have a vote. The Board itself, once it is convened, will elect a Chair for the duration of the appeal.

4. Any appeal must be filed with the AAO, in writing, by either the complainant or the respondent, within ten days of receipt of the AAOs determination or the senior officers imposition of discipline. The appeal must make clear the reasons why the outcome of the investigation and resolution is not satisfactory. The AAO provides copies of the appeal to the other party involved in the complaint, the senior officer involved, and to the President.

5. The President appoints the Appeal Board from among those eligible to serve, and the AAO convenes the Board on a date and at a time convenient to all parties and provides the Board with all documents pertaining to the complaint. When first convened, the Board will elect its Chair.

6. The AAO presents the complaint as originally filed, describes the means by which he or she investigated it, and the basis for the determination.

7. If the disciplinary action imposed is the subject of the appeal, the senior officer involved will describe the reasoning behind such actions.

8. The party bringing the appeal will describe the basis for the appeal and the responding party will be given the opportunity to comment. Both parties will have the opportunity to present witnesses, or documentary or other evidence that was not previously considered, if such exists.

9. After its hearings are concluded, the Appeals Board recommend that the President either accept, reject, or modify the resolution of the complaint.

10. The President should reach a decision on the disposition of the case within ten days of receiving the Appeal Boards recommendation.

11. All discussion, material and testimony used in the appeal process is strictly confidential and those serving on the Appeal Board must agree to respect this principle. The Presidents decision is final.

In the event that a complaint is filed against a person who has a major responsibility under these procedures, the AAO will consult with the President, who shall determine any appropriate changes in procedures, and inform both the complainant and the respondent of such changes in writing. In the event that a complaint is filed against the President, the Chair of the Board of Trustees will discharge the Presidents responsibility under these guidelines.

Policy on Sexual Assault

The Sage Colleges, including Russell Sage College, Sage College of Albany, and Sage Graduate School, believe that sexual assault is intolerable, and that the entire Sage community has the right to be free of violence, abuse, force and threats that are sexual in nature. Although the Sage community experiences very little crime on campus (see Campus Crime Statistics below), Sage is particularly concerned that the entire community be aware of behaviors that are intolerable and the consequences of those behaviors. Sex offenses are among the most serious of all criminal offenses because they not only involve physical injury and personal exploitation, but they also frequently result in emotional trauma which stays with a victim long after legal issues surrounding an incident have been resolved. The Penal Law of New York state recognizes this fact and attaches very serious penalty to many of these offenses. The behaviors discussed below are also prohibited by The Sage Colleges, and may result in serious disciplinary actions, whether or not a victim chooses to pursue criminal prosecution.

An evolution in the Penal Law in recent years has made criminal prosecution for sexual assault more likely to be successful. Requirements that a victim demonstrate earnest resistance, which frequently resulted in more serious injury to a victim, have been eliminated, and requirements for corroboration, or evidence independent of the victims testimony, have been lessened. New York State has also made it possible to convict persons of either gender for these offenses.

The Sage Colleges will not tolerate the behaviors discussed below. The Sage Colleges also find false allegations of sexual offenses to be equally intolerable.

The most serious sex offenses involve lack of consent on the part of the victim. It is important to understand that in the Penal Law, consent does not have its ordinary meaning. Lack of consent, for Penal Law purposes, results from:

Forcible compulsion, which means to compel behavior by the use of physical force or a threat expressed or implied that puts a person in fear of physical injury to himself, herself or another, or in fear that he, she or another will immediately be kidnapped or

Incapacity to consent, which occurs when a person is:

o less than 17 years of age

o mentally disabled (which means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct)

o mentally incapacitated (which means that a person is rendered temporarily incapable of appraising or controlling conduct due to the influence of a narcotic or intoxicating substance administered to him or her without his or her consent) or

o physically helpless (which means that a person is unconscious or otherwise physically unable to communicate unwillingness to participate in an act.

The following behaviors, when they involve the circumstances above, are prohibited by law and College policy:

rape, which is sexual intercourse in its ordinary meaning and occurs upon penetration of the penis into the vagina

criminal sexual act, which is oral sexual conduct or anal sexual conduct or

sexual abuse, which involves the touching of the intimate parts of another, or the insertion of a foreign object into another.

The intimate parts of another include the genitalia, breasts and buttocks. Sexual abuse may involve the touching of the victim by the offender or the touching of the offender by the victim, and may occur directly or through clothing.

Each of the behaviors above may occur in varying levels of seriousness, as determined by the reason for the lack of consent or the age of the victim. Penalties for these offenses vary greatly, depending upon the seriousness of the crime, the age of the victim and the prior criminal history of the offender. Penalties for these offenses may be as serious as incarceration for a period of not less than 25 years. In addition to criminal penalties, the judicial process of The Sage Colleges may be initiated. Penalties will vary according to the specific incident, but may be as serious as permanent expulsion from The Sage Colleges.

Other behaviors may also be considered sex offenses, depending on the circumstances under which they occur. Although the law may consider them less serious, and provide penalties that involve incarceration for less than a year, they are equally intolerable within the College community. They include:

sexual misconduct, which occurs when a person engages in sexual intercourse, oral or anal sexual conduct with another without their consent, or with an animal or dead human body

aggravated harassment, which includes sexually explicit communication with the intent to harass, alarm, threaten or annoy another

public lewdness, which involves the exposure of intimate body parts in a lewd manner, or engaging in lewd behavior when observable in public and

criminal trespass, which occurs when a person enters an area for the purpose of covertly viewing another, or the behavior of others, for sexual gratification.

For a more complete description of New York state law regarding sexual assault and the penalties for those convicted of sexual assault, please consult the New York Penal Law, Articles 70 and 130.

Victims of sexual assault should immediately get to a safe place and contact Sages Office of Public Safety as soon as it is safe to do so by dialing 3177 from any campus phone. Public Safety will summon emergency medical services or law enforcement as necessary. Victims should avoid bathing or any cleaning that might destroy valuable evidence. The Office of Public Safety, as well as other Campus Life offices, will be available to assist the victim in deciding whether or not to pursue criminal charges. The Sage Colleges judicial process will also be invoked as appropriate.

Sexual assault prevention programming begins with a students orientation program and is subsequently available from the Office of Public Safety and the Wellness Center. Victims of sex offenses are encouraged to utilize the variety of services available to them, including Public Safety, the Wellness Center and the Office of Campus Life. Students will be assisted and supported in a confidential manner. The student may also be encouraged to utilize Rape Crisis agencies in the appropriate county and participate in the criminal justice process so that offenders are held accountable for their behavior.

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

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