Definitions

V. Definitions

1. The term “appellate board” means any person or persons authorized by the Vice President for Student Success to consider an appeal from a judicial board’s or committee’s determination that a student has violated the student conduct code or from the sanctions imposed by the judicial administrator.
2. The term “Committee on Student Conduct” means the judicial body authorized to hear judicial referrals pertaining to alleged violations of Community Rights and Responsibilities by graduate students or judicial referrals pertaining to alleged violations by any student of the Standards of Academic Integrity and to recommend the imposition of sanctions.
3. The term “Director of the Office of Conflict Resolution & Civic Responsibility” means the person designated by the Vice President to administer Community Rights and Responsibilities.
4. The term “faculty member” means any person hired by the University to conduct classroom and or research activities.
5. The term “hearing officer” shall mean a faculty member or university official appointed by the Vice President to hear judicial referrals in lieu of a hearing before a judicial body.
6. The term “judicial administrator” means a University official authorized on a case-by-case basis by the Vice President to impose sanctions upon students found to have violated Community Rights and Responsibilities. The Vice President for Student Success may authorize a judicial administrator to serve simultaneously as a judicial administrator and the sole member or one of the members of a judicial body.  Nothing shall prevent the Vice President from authorizing the same judicial administrator to impose sanctions in all cases.
7. The term “Judicial Board” means the judicial body authorized to hear judicial referrals pertaining to alleged violations of Community Rights and Responsibilities by undergraduate students, except alleged violations of the Standards of Academic Integrity, and to recommend the imposition of sanctions.
8. The term “judicial body” shall mean any person or persons appointed by the Vice President and authorized to hear judicial referrals pertaining to alleged violations of Community Rights and Responsibilities and to recommend the imposition of sanctions.
9. The term “judicial referral” shall mean the University Judicial System Standard Case Form that includes a description of alleged misconduct and specific Community Rights and Responsibilities code violations.
10. The term “Judicial System” shall mean the program established to maintain the integrity of the values of the University community by reviewing alleged violations of Community Rights and Responsibilities
11. The term “may” is used in the permissive sense.
12. The term “member of the University community” includes any person who is a student, faculty member, University official or any other person employed by the University. A person’s status in a particular situation shall be determined by the Vice President for Student Success.
13. The term “organization” means any number of persons who have complied with the formal requirements for University recognition/registration.
14. The term “policy” is defined as the written regulations of the University as found in, but not limited to, Community Rights and Responsibilities, Residence Hall License Agreement, and the Graduate and Undergraduate Bulletins.
15. The term “shall” is used in the imperative sense.
16. The term “student” includes all persons taking courses at the University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies and those who attend post-secondary educational institutions other than the University and who reside in the University residence halls
17. The term “University” means the University at Albany, State University of New York.
18. The term “University official” includes any person employed by the University, performing assigned administrative or professional responsibilities.
19. The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University including adjacent streets and sidewalks.  It includes properties under the authority of Student Association of the University at Albany, University Foundation and the University Auxiliary Services, Inc.
20. The term “Vice President” means the Vice President for Student Success, or designee, who, as the President’s designee, is responsible for the administration of Community Rights and Responsibilities.
21. The term “weapon” means any object or substance designed to inflict a wound, cause injury, or incapacitate, including, but not limited to, all firearms, pellet guns, switchblade knives, knives with blades five or more inches in length.
22. The term “active consent” means that each person involved in sexual contact not only agrees to the sexual activity but also agrees freely and knowingly. A person who has been threatened or coerced, whose judgment is substantially impaired by drugs or alcohol or by physical or mental impairment even if temporary, or who is unconscious or asleep, cannot give consent to sexual contact. A person under the age of 17 years is deemed incapable of giving consent.
23. Sexual Misconduct -  Section 130.20 of NYS Law.  This offense includes sexual intercourse without consent and deviate sexual intercourse without consent.  The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.
24. Rape - Section 130.25/.30/.35  of NYS Law.  This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness.  This series of offenses further include sexual intercourse with a person under the age of consent.  The penalties for violations of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.
25. Criminal Sexual Act - Section 130.40/.45/.50 of NYS Law.  This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness.  This series of offenses further includes oral or anal sexual conduct with a person under the age of consent.  The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.
26. Forcible Touching - Section 130.52 of NYS Law.  This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person or for the purpose of gratifying the actor’s sexual desire.  Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts.  The penalty for violation of this section includes imprisonment for a period up to one year.
27. Sexual Abuse - Section 130.55/.60/.65 of NYS Law.  This series of offenses include sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent.  The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.
28. Aggravated Sexual Abuse - Section 130.65-a/.66/.67/.70 of NYS Law .  This series of offenses occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent.   The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.
29.  “Course of Conduct” is defined as a pattern of actions composed of two or more acts over a period of time.
30.  A “reasonable person” refers to a person in a similar circumstance or situation who would be afraid of the perpetrator’s behavior.