III. Institutional Authority

A. Jurisdiction:

All students are subject to and are expected to familiarize themselves with the Siena University Code of Conduct. In addition, any violations of federal, state or local law as determined by the University shall be considered a violation of the Siena University Code of Conduct. When alleged violations of University regulations or local laws take place off campus and come to the University’s attention, the University  reserves the right to take appropriate action when, in the judgment of University officials, the alleged conduct has a negative impact on the University community or the pursuit of its mission or the broader community in which we live. The Vice President for Student Life or designee may initiate University disciplinary proceedings, whether or not criminal charges have been filed.

B. Right to Take Disciplinary Action:

The University reserves the right to suspend, dismiss or expel any student when, in the opinion of the University as determined by the Vice President for Student Life, Dean of Students, Associate Dean of Students, Assistant Dean of Students or designee, their behavior threatens or endangers the health, safety, or well-being of the University community or any of its individual members. This right also applies to violations of the Code of Conduct and other University policies, rules, regulations, terms, conditions or guidelines. In addition, the University reserves the right to impose penalties, which include, but are not limited to, fines, cancellation of the housing license, suspension and expulsion.

C. Welfare of the Community (Amnesty):

D. Conduct On and/or Off University Premises:

In the event a student also faces criminal charges for any conduct on or off campus, the University reserves the right to bring charges against a student for any violation(s) of the Code of Conduct prior to, concurrent with or following criminal charges being filed in a court of law for the same act(s). All University rules and regulations apply to students and their conduct, behavior and activity, both on and off University premises and at University-sponsored events and activities, regardless of where they are being held.
Student members of the Siena community are expected to act with respect for the safety, personal rights and property of individual groups outside the University as well as to respect the proper authority of local, state and federal officials. The University reserves the right to take disciplinary action against students or student organizations responsible for organizing non-University sponsored events (dances, theme parties, etc.) that result in underage drinking, misconduct or criminal activity. Hosting a non-University sponsored event at a third-party vendor shall not exonerate the student or student organization from responsibility.

E. Administrative Withdrawal:

If in the opinion of the Dean of Students, or designee (in consultation with the Vice President for Student Life and other University officials), a student with a behavior problem cannot accomplish their objectives in concert with those of the University or without jeopardizing their welfare or that of others, the student’s registration may be terminated and the student may be required to leave the University immediately. In such cases, the student will be restricted from being on campus property and, if found, subject to arrest for trespassing. Depending upon the circumstances surrounding the termination and in the University’s discretion, the student may be eligible for a refund of tuition and fees as outlined in the Siena University catalog. In addition, any housing/board fees will be refunded on a pro-rata basis based upon the date of termination. The decision of the Dean of Students, or designee to terminate a student’s registration may be appealed in writing to the Vice President for Student Life within five (5) business days. If not appealed within this time frame, the decision of the Dean of Students, or designee, is final. At the University’s sole discretion, the Vice President for Student Life, or designee, may consider a student’s application for readmission.

F. Sex Offender Registry Act (SORA):

In accordance with federal law, the University shall provide a statement advising the campus community where law enforcement agency information provided by a state under 42 U.S.C. Section 14071 (j), concerning registered sex offenders, may be obtained, such as the local law enforcement agency with jurisdiction for the campus. In accordance with the New York State Sex Offender Registration Act (SORA), law enforcement agencies may disseminate certain relevant information concerning a sex offender to any entity with vulnerable populations related to the nature of the offense committed by such sex offenders. The University shall comply with federal and state law concerning SORA. Should the Vice President for Student Life or designee be informed that a student is listed as part of a sex offender registry, the University reserves the right to take immediate action to temporarily suspend the student pending a University administrative hearing. The University also reserves the right to take immediate action to suspend or dismiss the student from the University if the student represents a risk to the health, safety or welfare of the community or to any person or property.

G. Cooperation with Law Enforcement:

The University may be required to cooperate with civil/criminal authorities. No attempt will be made to insulate an individual from the legal consequence of their act.

H. Access Restricted/Access Limited:

The University reserves the right to restrict or limit access for any student/non-student when their conduct is considered a violation of community standards as determined by University officials. An individual whose access has been restricted is not permitted on University property and, if found, is subject to arrest for trespassing. Individuals whose access has been limited may only be on campus at designated times and/or locations. Public Safety may impose a temporary restriction limiting a student’s access to campus facilities pending proper adjudication when the behavior of a student disrupts or interferes with the orderly operations of the University or constitutes a danger to their safety or the safety to other persons or property in the residence hall/townhouse.

I. Searches:

The University reserves the right to inspect University premises. The University reserves the right to enter any portion of a University-owned building (including student rooms). If an individual is suspected of harboring contraband on University premises, the University reserves the right to go through their belongings. The University further reserves the right to search all vehicles on University premises. If contraband is found, the University may confiscate the contraband and contact civil/criminal authorities.

J. Public Order/Health, Safety, and Welfare of the Community:

The University reserves the right to limit access to specific areas of the campus and/or to adjust normal operations or procedures to maintain public order and/or the health, safety and welfare of the University community. This includes but is not limited to restriction of guests and visitors, adjustments to residential maximum occupancy limits and community gatherings, capacity of interior or exterior spaces (lawns, residential/academic quad, Grotto, etc.), requirements associated with social distancing, etc. This also may include the need to evacuate/close the campus due to a public health, national, or University emergency.
Impromptu or unapproved gatherings with no nexus to the university’s educational mission present an elevated health risk to the community. Such gatherings, whether indoors or outdoors, are not authorized by the university. Students must refrain from initiating and participating in such gatherings and understand the health and safety risk in such a setting. Any student involved may face discipline under the student code of conduct with sanctions ranging from written warning up to and including expulsion. The University encourages students to visit friends and classmates but requires an invitation to visit other buildings/residential areas.
If an outdoor area, quad or lawn has an impromptu gathering(s) of any size that, in the assessment of University Officials, poses an elevated safety risk, university officials will ask the students to disperse in order to ensure the continued health and safety of our community.

1. Prohibited Conduct:
   The following conduct is prohibited on any premises owned or operated by Siena University:
   • Deliberate disruption or prevention of the peaceful and orderly conduct of classes, lectures, administration, disciplinary hearings, commencement activities, or other University activities or deliberate interference with the freedom of any persons to express their views, including invited speakers;
   • The destruction or damage to any premises or property owned or controlled by Siena University or any personal property located on or at a location owned or controlled by Siena University.
   • The illegal or unauthorized possession of dangerous weapons or instruments
   • The intentional obstruction of free movement of any individual or vehicle in any place to which these rules apply;
   • The unauthorized entry or use of any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others, to remain, without permission, in any building or facility after it is normally closed, or refuse to leave any building or facility after being asked to do so by an authorized administrative officer;
   • The unauthorized construction of tents, encampments, or any other temporary or permanent location or structure on University property;
   • Violate any rules or regulations relating to conduct as enumerated in the Employee Handbooks, University Policies, or Community Standards and Student Code of Conduct contained in the Student Handbook;
   • Willfully incite others to commit any of the acts herein prohibited with specific intent to encourage them to do so; or
   • Take any action or create, or participate in the creation of, any situation which recklessly or intentionally endangers mental or physical health which involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
2. Procedures:
   • Removal from Premises: Any individual in violation of the within Policy may be directed by an authorized University official to cease any unauthorized activity and, at the University’s discretion, may be removed and restricted from the University premises. 
   • Adjudication and Enforcement:
     • Students: Any student charged with a violation of Section III. A. of this Policy shall be subject to the sanctions and procedures outlined within the Student Handbook.
     • Employees: Faculty, Staff and administrators charged with any violation(s) of Section III. A. of this Policy shall be subject to the disciplinary procedures and sanctions of the applicable employee handbook.
     • Licenses, Invitees, and Other Community Members: Any Licensee, Invitee, or other community members charged with any violation(s) of Section III. A. of this Policy shall be heard and determined by the President or the President’s designee.
     • Suspension Pending Adjudication: Any individual subject to the restrictions contained within this Policy may be suspended from the University until such time as the matter may be adjudicated pursuant to the Adjudication and Enforcement provision of this Policy. Notwithstanding the previous sentence, should this Section III.B.2.d. conflict with the applicable employee or student handbook, the provisions of the handbook shall take precedence.

K. Order of No Contact:

An Order of No Contact is a directive by the Vice President for Student Life, Dean of Students or designee, to a student or students to refrain from any contact, direct or indirect, with one or more designated persons through any means including, but not limited to: personal contact, telephone, electronic means (social media, email, text message, etc.), written, nonverbal or oral communication and/or intermediaries (third parties other than an attorney). This order is designed to help establish clear expectations between all parties involved in any situation deemed by the University  as necessary, and should not be considered, on its own, as a violation of the Student Code of Conduct. After a period of time and at the request of either party, the Office of the Dean of Students may review the Order of No Contact to evaluate the potential termination of the order based upon the circumstances of the order and agreement of all parties.

L. Temporary Measures:

The University reserves the right to take immediate temporary measures in situations where the health, safety, and/or University community are at risk. These temporary measures include, but are not limited to:

1. Temporary Suspension from the University: The VPSL, DOS, Associate/Assistant Dean of Students or designee may impose an immediate temporary suspension from the University and remove the student from campus pending adjudication when the behavior of a student constitutes a danger to their safety or the safety to other persons or property on University  premises, or where the student’s behavior presents a threat of disruption or interference with normal campus operations. Students temporarily suspended are restricted from entering campus premises without prior authorization from the VPSL, DOS or designee, or Associate/Assistant Dean of Students.
2. Temporary Suspension from Campus Housing: The DOS or designee,Associate/Assistant Dean of Students, or Director of Community Living or designee may impose a temporary suspension from University housing pending proper adjudication when the behavior of a resident student significantly detracts from the educational environment of the residence hall/townhouses or constitutes a danger to their safety or the safety to other persons or property in the residence hall/townhouse. Students temporarily suspended are restricted from entering all residence areas during the term of the suspension.
3. Temporary Housing Relocation: Administratively required relocation to another room and/or hall pending adjudication.
4. Temporary Group Suspension: The Vice President for Student Life, the Dean of Students or designee, Associate/Assistant Dean of Students, or other authorized University official as outlined by policy, guidelines, regulations, terms or conditions may impose an immediate temporary suspension of a student organization, club or team pending investigation and/or adjudication when the conduct of the group constitutes a possible threat to the safety, welfare and/or integrity of the University community.
   Groups placed on temporary suspension may have all activities of the group canceled for the duration of the temporary suspension. During this time, funding may be frozen, the group may lose University recognition and all privileges thereof, including exclusion from all University programs and services, student government, funding, and advertising the organization and/or displaying the organization name. Exclusions also may include participating in or sponsoring any activities as an organization, including recruitment activities.