College Policies Part II Other Student Rights and Responsibilities

College Policies Including Applicable Federal and New York State Policies
Part II

OTHER STUDENT RIGHTS AND RESPONSIBILITIES

This section excerpts portions of the following Board of Trustees Policy (3.13 Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973 as Applied to Policies at Ulster County Community College).

It is the policy of SUNY Ulster to provide equal opportunity, free of discrimination, for its students and employees. Accordingly, the College will apply the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 to all of its operations.

ADA extends comprehensive federal civil rights protection to persons with disabilities. Protection is provided in the areas of employment, public accommodations, government services, and telecommunications.

SUNY Ulster, as a recipient of federal funding, has been prohibited from discriminating on the basis of disability since 1973, under Section 504 of the Rehabilitation Act. The Act provides that "...no otherwise handicapped individual shall, solely by reason of his/her 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." Compliance with this act requires SUNY Ulster to assure that the same educational programs and services offered to other students are available to students with disabilities.

ADA reinforces nondiscriminatory policies for students by requiring that the College make appropriate academic adjustments, provide auxiliary assistance, and remove architectural barriers. It further extends the policies to nondiscrimination in employment and promotion.

ADA defines a qualified person with a disability as an individual with a physical or mental impairment which substantially limits one or more major life activities who can, with or without appropriate adjustments, perform the essential functions of a job, or meet the essential eligibility requirements of a program.

ADA requires that modifications to campus programs must be made to accommodate the disabled unless the campus can demonstrate that a proposed modification would fundamentally alter the nature of the program or create an undue burden. The regulations do not require the College to make each of its existing facilities, or every part of any facility, accessible to persons with disabilities, provided that each program, when viewed as a whole, is accessible.

Reasonable accommodations for employees according to ADA are any modifications or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to have an equal employment opportunity. The College may avoid making such accommodations only if it can demonstrate that to do so would create undue hardships for the institution.

At Ulster County Community College:

  • The College's Affirmative Action Officer will oversee the administration of these policies of non-discrimination for the disabled and appropriate adjustments.
  • Every effort will be made to ensure that communications with persons with disabilities are as effective as communications with others. This is particularly true for the communication of these non-discriminatory policies.
  • The College, through its Affirmative Action Officer, will consider requests for appropriate adjustments from any applicant, student, or employee who is a qualified person with a disability and who believes that he or she may need such an adjustment to participate in the application process, to participate in an academic program, to receive auxiliary assistance, to perform essential job functions, and/or to receive equal benefits and privileges as a student or employee.
  • Applicants, students, or employees who consider themselves to be victims of discrimination based on a disability may file a complaint with the Affirmative Action Officer following the procedures as outlined in the College's Complaint Procedure Policy. Complaints can also be filed with the federal Equal Employment Opportunity Commission and/or the New York State Human Rights Division.

Also see Board of Trustees Policy: 3.22 Child Protection Policy.

In the interest of safety and security for all campus community members, SUNY Ulster is required to notify students and the campus community about any registered sex offenders who register or intend to attend classes here. This requirement is covered under the following legislation: the federal Campus Sex Crimes Prevention Act, the Campus Security Act of 1990, and the Sex Offender Registration Act

The NYS Division of Criminal Justice Services notifies SUNY Ulster’s Department of Public Safety when such individuals are enrolled or employed by the campus. Other agencies may also notify the College regarding sex offender issues. Once such notification is received, a committee of senior administrators is convened to assess the specific circumstances of the notification, review the matter with the College Attorney, and communicate information to the campus community or administrative personnel as appropriate.

If you have questions on this matter, please contact the Director of Public Safety. Please be aware that SUNY Ulster does not release names of sex offenders except to appropriate administrative personnel. Other information, including determining whether a specific person is registered, can be obtained from the following:

Please be aware that to determine whether an individual is on the list, you will need to have his or her name and at least one of the following identifiers: street address, driver's license number, social security number, or birth date.

Also see Board of Trustees Policy: 3.11.5. Computer and Network Security and Acceptable Use Policy.

SUNY Ulster assigns an email address to each registered student. Students are responsible for receiving, reading, and responding to and complying with official email communications sent by the College and College Representatives.  The College will send routine announcements, administrative and academic dates and deadlines, and information of a general nature to the students email. The college will use their discretion to determine which messages are related via email.

Some information may be time sensitive and students are encouraged to check their email regularly. Students who decide to re-direct their Ulster email to a personal email account do so at their own risk. The College is not responsible for email that is not delivered or marked as spam. The student’s failure to receive or read email communications does not excuse the student for missing information, meetings, or deadlines.

This section excerpts portions of the following Board of Trustees Policy (6.3.8  Student Records Policies and Procedures). 

Federal law prohibits release of a transcript to a third party. FERPA is designed to protect the privacy of education records, to establish the rights of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students also have the right to file complaints with the Family Protection and Regulations Office in Washington, D.C., concerning alleged failures by the College to comply with the act.

Copies of SUNY Ulster's complete policy statement regarding FERPA are available on the College Portal and in the Registrar's Office. Questions concerning FERPA may be referred to the Registrar or the Assistant Dean of Student Services.

The College is allowed to provide directory information to outside parties unless the student requests this information be restricted from disclosure. Directory information is as follows: name, address, telephone number, e-mail address, major field of study, dates of attendance, enrollment status, degrees and awards received, date and place of birth, most recent previous school attended, photographs, participation in officially recognized activities and sports, and height and weight of athletes.

Institutions are forbidden to provide student ID number, Social Security number, race, ethnicity, nationality, or gender as directory information.

FERPA applies to students who have reached the age of 18 or attend a post-secondary institution. If a student wishes a parent, guardian, or other individual to have access to educational records, the student must complete a release form at the Registrar’s Office, indicating to whom the permission is being granted, and for how long.

See Board of Trustees Policy (3.14 Limited Public Forum).  

SUNY Ulster recognizes and affirms that individuals have the right of freedom of speech, peaceful assembly, picketing, and demonstration. Those involved may not, however, engage in any conduct that violates the SUNY Ulster code of conduct.

This section excerpts portions of the following Board of Trustees Policy (3.14 Limited Public Forum).

Through Board Policy 3.14 SUNY Ulster makes available a designated area for use as a limited public forum. The purpose of this designation is to permit non-college groups and non-students to exercise their rights of speech and assembly.

The designated area shall be made available to members of the general public between the hours of 9:00 A.M. and 4:30 P.M., Monday through Friday, so long as such use does not interfere with its use by the college or with college related activities. Loudspeakers, bullhorns, which increase the sound level of speech so that it can be heard inside any buildings on campus, will not be permitted. Additionally, pickets, demonstrations or other acts of protest must not obstruct foot or vehicle traffic, interfere with others accessing the campus or with public safety operations. In addition, protests must not disturb teaching and learning or administrative functions of the college.

Any member of the general public wishing to use the designated area as a limited public forum shall make a written request to the Vice President for Administrative Services or his or her designee at least five (5) business days prior to the time for which the area is requested for use. Said written request shall include the name and address of the party seeking to use the designated area and the proposed date and time for use of the designated area. Any applicant denied use of
the designated area shall have the right to appeal to the College President or the person designated by him, for a review of the denial, by serving a written notice of any such appeal and include therein a statement setting forth the reasons why the applicant believes that the denial was improper. The notice of appeal must be filed with the office of the College President within ten (10) business days after the mailing of the notification of the denial.

In the event a request conflicts with a previously scheduled use of the designated area the applicant will be provided with notice of the unavailability of the designated area for the proposed date and/or time, at least one (l) business day prior to the date of the proposed use and will be permitted to request alternative dates and/or times. In the event two or more requests for use of the designated area are made for the same time, preference will be given to the request first received.

Use of the designated area is at all times subject to all applicable provisions of College policies while on campus and while using the designated area.

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

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

This section excerpts portions of the following Board of Trustees Policy (3.25 Animals on Campus Policy).  

SERVICE ANIMALS A "Service Animal" means any dog that is individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, or psychiatric disability. The work or tasks performed by a Service Animal must be directly related to the person's disability. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of this definition. Service Animals must be dogs or in some cases miniature horses.

A Service Animal must be housebroken (i.e., trained so that it controls its waste elimination, absent illness or accident), must be kept under control by a harness, leash, or other tether, must be groomed and without offensive odor. SUNY Ulster will assess requests for the use of miniature horses by people with disabilities on a case-by-case basis. Requests should be submitted to the Office of Disability Services (Vanderlyn 101) and, consistent with applicable laws, SUNY Ulster may make modifications in its policies to permit their use if they meet certain criteria and have been individually trained to do work or perform tasks for the benefit of people with disabilities.

SUNY Ulster cannot ask about the nature or extent of a person's disability to determine whether a person's animal qualifies as a Service Animal. However, when it is not readily apparent that a dog is a Service Animal, staff may make two inquiries to determine whether the dog qualifies as a Service Animal, which are:

(1) Is the dog required because of a disability?

(2) What work or task has the dog been trained to perform?

  • Only dogs and, in limited circumstances, miniature horses are recognized as Service Animals under titles II and III of the ADA.
  • A Service Animal is a dog that is individually trained to do work or perform tasks for a person with a disability. SUNY Ulster Board Policy Manual [94]
  • Generally, title II and title III entities must permit Service Animals to accompany people with disabilities in all areas where members of the public are allowed to go.
  • The use of miniature horses as Service Animals will be assessed according to the following additional factors: (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility..

EMOTIONAL SUPPORT ANIMALS

An “Emotional Support Animal" (or comfort animal) is an animal that provides emotional or other support that ameliorates one or more identified symptoms or effects of a person's disability. Unlike Service Animals, support animals are not required to be trained to perform work or tasks, and they include species other than dogs and miniature horses.

Emotional Support Animal are generally not allowed to accompany persons with disabilities in all public areas of SUNY Ulster as a Service Animal is allowed to do, but an Emotional Support Animal may accompanying such individual in all public or common use areas of the Campus, when it may be necessary to afford the person with a disability an equal opportunity to use and enjoy facilities at SUNY Ulster. Before an Emotional Support Animal can enter the Campus with a person with a disability, a request must be submitted to SUNY Ulster’s Office of Disability Services (Vanderlyn 101) and approval must be granted (preferably at least 30 days prior to the start of the semester). The Disabilities Coordinator will require documentation from a licensed physician or mental health provider, including without limitation a qualified psychiatrist, social worker, or other mental health professional, to provide sufficient information for SUNY Ulster to determine:

  • that the individual qualifies as a person with a disability (i.e., has a physical or mental impairment that substantially limits one or more major life activities); and
  • that the Emotional Support Animal may be necessary to afford the person with a disability an equal opportunity to use and enjoy the Campus (i.e. that the animal would provide emotional support that ameliorates one or more symptoms or effects of the disability).

Such requests will be considered on a case-by-case basis consistent with applicable laws.

RESPONSIBILITIES OF PEOPLE WITH DISABILITIES USING SERVICE OR EMOTIONAL SUPPORT ANIMALS

SUNY Ulster is not responsible for the care or supervision of service or emotional support animals. People with disabilities are responsible for the cost, care, and supervision of their animals, including:

  • compliance with any laws pertaining to animal licensing, vaccination, and owner identification;
  • keeping the animal under control and taking effective action when it is out of control; SUNY Ulster Board Policy Manual [95]
  • feeding and walking the animal, and disposing of its waste. (SUNY Ulster will provide designated areas).Waste removal must be immediate and deposited into a proper receptacle. Individuals unable to clean up after their animals or who need assistance should notify Office of Disability Services staff so that alternative arrangements may be agreed upon; and
  • The animal must be well groomed, and effective measures taken at all times for flea, ticks and odor control.
  • The owner of a Service or Support Animal at any College facility or event is expected to maintain appropriate behavior of the animal as follows:
  1. Animal must not be allowed to initiate contact/approach/sniff people, tables in eating areas, or personal belongings of others.
  2. Animal must not display behaviors or noises that are disruptive to others, such as barking, growling, or other behavior not a part of the task the animals is trained to conduct.
  3. Animal must not block an aisle or passageway; impede access to ingress/egress of a facility.
  4. Animal must be trained not to be attracted to food that may be in common areas.

For specific campus areas designated by SUNY Ulster for toileting Service Animals contact the Public Safety Office (Hasbrouck 134) or the Office of Disability Services (Vanderlyn 101).

SUNY Ulster will not require any surcharges or fees for Service Animals or Emotional Support Animal. However, a person with a disability may be charged for damage caused by an animal to the same extent that SUNY Ulster would normally charge a person for the damage they cause.

People with disabilities who are accompanied by animals must comply with the same campus rules regarding noise, safety, disruption, and cleanliness as people without disabilities.


EXCEPTIONS AND EXCLUSIONS

SUNY Ulster may pose some restrictions on, and may even exclude, an Emotional Support Animal in certain instances. Persons with disabilities may request approval from the ODS to have the Emotional Support Animal accompany them to other campus areas as a reasonable accommodation. Such requests will be considered on a case-by-case basis consistent with applicable laws. Any animal may be excluded from an area in which it was previously authorized to be if:
  • it is out of control and effective action is not taken to control it;
  • it is not housebroken (or in the case of a support animal that deposits waste in a designated cage or litter box, the owner fails to clean such cage or box such that the cleanliness of the room is not maintained); or
  • it is not groomed, has fleas or other pests, or has an offensive odor;
  • there is an allergy/medical condition/animal conflict within classroom, office, or elsewhere, that cannot be initially resolved between the two parties. Students Services and Office of Disability
Services will collaborate on a long term solution. Human Resources may also collaborate if one of the parties is an employee;
  • it is left alone, unsupervised by the person with a disability;
  • it causes damage to college property;
  • it poses a direct threat to the health or safety of others that cannot be mitigated by reasonable modifications of policies, practices, or procedures, or the provision of auxiliary aids or services.

In considering whether a Service Animal or Emotional Support Animal poses a direct threat to the health or safety of others, SUNY Ulster will make an individualized assessment, based on reasonable judgment, current medical knowledge, or the best available objective evidence, to determine: (1) the nature, duration, and severity of the risk; (2) the probability that the potential injury will actually occur; and (3) whether reasonable modifications of policies, practices, procedures, or the provision of auxiliary aids or services, will mitigate the risk. The College President shall name a designee who shall provide a written statement of explanation to any person with a disability if a determination is made that the presence of that person's Service or Emotional Support Animal would fundamentally alter the nature of a program, service, or activity.

The College reserves the right to place other reasonable conditions or restrictions on the animal depending upon the nature and characteristics of the animal.

In the event that restriction or removal of an animal is determined to be necessary, the person with a disability will still be given the opportunity to participate in the service, program, or activity without having the assistance animal present.

The above provisions on restrictions and exclusions is not intended to cover modifications to reasonable accommodations. The reasonable accommodation process and modifications to reasonable accommodations are covered under SUNY Ulster’s policy on Accessing Services.

GUIDELINES FOR MEMBERS OF THE SUNY ULSTER COMMUNITY


To ensure equal access and nondiscrimination of people with disabilities, members of the SUNY Ulster community must abide by the following practices:

  • Allow service and Emotional Support Animals to accompany people with disabilities on campus; • Do not ask for details about a person's disabilities;
  • Do not pet service or Emotional Support Animal without the handler’s consent, as it distracts the animal from its work;
  • Do not feed a service or Emotional Support Animal;
  • Do not deliberately startle, tease, or taunt a service or Emotional Support Animal; and
  • Do not separate or attempt to separate a person from his/her service or Emotional Support Animal.

If you have a disability that may be affected by the presence of animals, please contact the Office of Disability Services (Vanderlyn 101). SUNY Ulster is committed to ensuring that the needs of all people with disabilities are met and will determine how to resolve any conflicts or problems as expeditiously as possible.


Steps to Register Service Animals or Emotional Support Animals:
  1. Step 1- Meet with the Office of Disability Services
  2. Step 2- Provide the necessary documentation that will support the need of a Service Animal or Emotional Support Animal
  3. Step 3- Office of Disability Services Coordinator will review documentation to determine the validity of the request. Coordinator will then approve or disapprove the request.
  4. Step 4- If request is approved, the individual will register the animal (Emotional Support Animal Only) with the Public Safety Office (Hasbrouck 134). Individual will be required to submit all necessary documentation of Emotional Support Animal training for the animal.

Animals referenced in categories 1, 2 and 3 of this policy are permitted in campus buildings provided:

  • The animal is current on rabies vaccination as required by law
  • The animal must be free of any known infection or illness
  • The animal is on a leash or in a carrier/cage at all times
  • The animal is attended to at all times
  • The animal is under the control of its owner or a Veterinary Technology faculty member at all times

PROCEDURES & REGULATIONS


Persons violating these procedures will be asked to remove the animal from campus.


ADDITIONAL RESOURCES


United States Department of Justice
Civil Rights Division
Disability Rights Section
P.O. Box 66738
Washington, D.C. 20035-6738
Telephone 800-514-0301 (voice) or 800-514-0383 (TDD)
Web http://www.justice.gov/crt/about/drs/


For guidance on complaints contact

Coordination and Review Section
Civil Rights Division
United States Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118



NEW YORK STATE

New York State Office of Advocate for Persons with Disabilities
One Empire State Plaza Suite 1001
Albany, New York 12223-1150
State Advocate
Telephone 518-473-4129
800-522-4369
Fax 518-473-6005


Office of the New York State Attorney General

New York State Department of Law Civil Rights Bureau
120 Broadway 23rd Floor
New York, New York 10271


Assistant Attorney General in Charge

Telephone 212-416-8250 (voice) or (800) 788-9898 (TDD)

Web https://ag.ny.gov

 

Applicable Laws

Federal: Americans with Disabilities Act of 1990 (ADA) 42 U.S.C. § 12101, et. seq. and its implementing regulations 28 C.F. R. Title I

Title II Part 35 (state and local entities and public transportation)l; and Title III (public accommodations), Part 36, especially §§36.104 and 36.302 (c) (1).

New York State:


NY Civil Rights Law §40c and §40d & §§ 47 to 47-c

NY Executive (Human Rights) Law §§ 292 and 296

NY Transportation Law § 147

 

 

The Solomon Amendment requires institutions to cooperate with the recruiting efforts of United States armed forces. SUNY Ulster is required by the federal government to provide the following information to the armed forces at the beginning of every fall and spring semester: name, address, telephone number, age or date of birth, class level, academic major, place of birth, degrees received, and most recent educational institution attended.

Please see the College’s website for additional information on Title IX.

Title IX states: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX of the Education Amendments of 1972 is a comprehensive federal law that protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. The law prohibits discrimination on the basis of sex in any federally funded education program or activity. Title IX applies to traditional educational institutions such as colleges, universities, including SUNY campuses. Under Title IX of the Educational Amendments Act of 1972, colleges and universities are required to develop procedures to respond to claims of sexual harassment.

This protection applies to all employees, students, guests and vendors.
This protection applies to decisions involving admissions; course requirements and activities; course selection; financial aid; participation in campus activities, clubs and organizations; educational services and counseling, athletics and employment.

Title IX also prohibits other forms of sex discrimination such as harassment or sexual violence.

See Board of Trustees Policy:4.19 Policy on Sexual Violence Prevention and Response

The Violence Against Women Act (VAWA) is a landmark piece of federal legislation that sought to improve the criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States. The passage of VAWA in 1994, and its reauthorization in 2000, 2005, and again in 2013 has changed the landscape for victims of domestic violence, dating violence, sexual assault and stalking.

To accompany the legislation, on October 20th, 2014, the United States Department of Education published the final regulations for the Violence Against Women Act amendments to the Clery Act which afford additional rights campus victims of sexual assault, domestic violence, dating violence, and stalking.  The regulations will require campuses to take many steps to ensure compliance in Title IX and Clery compliance arenas by the July 1, 2015 due date, including updating Student Codes and Handbooks, training all students and staff, and instituting campus climate checks.  The most recent reauthorization of VAWA and its regulations amend the Clery Act.  This VAWA page, separate from the Clery Compliance and Title IX Compliance webpage’s, is meant page to clarify these new requirements.


The SUNY Office of General Counsel has prepared a guidance document that details the Policy and Programming Changes Pursuant to the Campus SaVE Provisions of the Violence Against Women Act.  The guidance includes information on complying with the Violence Against Women Act and the SUNY-created model policies for complying with Campus SaVE Provisions of the Violence Against Women Act.

See Board of Trustees Policy: 4.19 Policy on Sexual Violence Prevention and Response. /docs/board_trustees/4.personnel-2017.pdf#page=119


The Violence Against Women Act (VAWA) is a landmark piece of federal legislation that sought to improve the criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States. The passage of VAWA in 1994, and its reauthorization in 2000, 2005, and again in 2013 has changed the landscape for victims of domestic violence, dating violence, sexual assault and stalking.


To accompany the legislation, on October 20th, 2014, the United States Department of Education published the final regulations for the Violence Against Women Act amendments to the Clery Act which afford additional rights campus victims of sexual assault, domestic violence, dating violence, and stalking.  The regulations will require campuses to take many steps to ensure compliance in Title IX and Clery compliance arenas by the July 1, 2015 due date, including updating Student Codes and Handbooks, training all students and staff, and instituting campus climate checks.  The most recent reauthorization of VAWA and its regulations amend the Clery Act.  This VAWA page, separate from the Clery Compliance and Title IX Compliance webpage’s, is meant page to clarify these new requirements.

The SUNY Office of General Counsel has prepared a guidance document that details the Policy and Programming Changes Pursuant to the Campus SaVE Provisions of the Violence Against Women Act.  The guidance includes information on complying with the Violence Against Women Act and the SUNY-created model policies for complying with Campus SaVE Provisions of the Violence Against Women Act.

Adopted March 26, 1968

Amended November 23, 1976 (7611123)

Revised June 21, 1994 (9406086)

Revised August 22, 1995 (9508110)

Amended October 16, 2007 (07-10-125)

Amended June 20, 2017 (17-6-240)

 

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