Campus Policies

The College has a set of very strict regulations concerning the possession and use of alcohol, drugs, and weapons. For further information on this topic, refer to the Code of Student Conduct.ALCOHOL & OTHER DRUGS

The College complies with the requirements of the New York State Alcohol Beverage Control Law and the New York State Penal Code, which provides that "NO PERSON UNDER THE AGE OF 21 WILL POSSESS ANY ALCOHOLIC BEVERAGE WITH THE INTENT TO CONSUME SUCH BEVERAGE." 

The campus alcohol policy prohibits alcoholic beverages in residence halls and at student events. On a limited and highly selective basis, the campus policy is waived and alcoholic beverages are served at student functions in accord with federal, state and local laws. The Division of Student Development provides counseling and regularly offers programs and courses on drugs and alcohol. The possession, sale or use of any illegal drug on campus will not be tolerated and the penalty for violation is very severe. College policy prohibits open containers of alcoholic beverages in all outside areas on the campus. Bringing alcoholic beverages to any public or private event on campus is not permitted.

WEAPONS

Possession or keeping of a deadly weapon or dangerous instrument on campus (including in any vehicle), or use of any object with intent to harm another, is prohibited. 
Deadly weapons or dangerous instruments include, but are not limited to, firearms, explosives, explosives devices, knives, blackjacks, chukka-sticks, slingshots, kung fu type weapons.

Possession or use of fireworks, firecrackers, etc., is also prohibited.
In addition, College Policy strictly prohibits the use or possession of any CO-2 type firearm, spring-powered firearms, chemical aerosol spray, or pepper aerosol spray. Violators of any section of this policy will be subject to possible criminal prosecution, if applicable, and appropriate disciplinary action from the College.

The State University of New York College at Oneonta is committed to maintaining an environment in which students, faculty, staff, and visitors can work together free from all forms of harassment, exploitation, and intimidation. Sexual harassment is any unwanted verbal or physical sexual advance or sexually-explicit derogatory statement made by someone in the classroom or workplace that is offensive or that causes the recipient discomfort or humiliation or that interferes with the recipient's education or job performance. 

Sexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 and of the State University of New York College at Oneonta campus policy. The College strongly condemns sexual harassment in any form, sexual assault, rape and any other conduct that constitutes a criminal offense. The College will take action as needed to discourage, prevent and correct any behavior that violates this standard of conduct. 

Amendments to sections 6431 and 6432 of the NYS Education Law went into effect on April 7, 2009. These amendments require campuses, including SUNY colleges and universities, to provide incoming students with information about domestic violence and stalking prevention, in addition to the already required information regarding sexual assault.

SEXUAL ASSAULT can be defined as one or more of the following:

RAPE (section 130.25) is forcing or coercing someone to have sexual intercourse. Rape most often involves the use of threat of force, violence or immediate and unlawful bodily injury. The perpetrator does not need to use a weapon or produce physical harm; threat of force itself is sufficient to categorize the act as rape.

RAPE also occurs when the victim is incapable of giving legal consent because the victim is: 
a. less than 17 years of age; 
b. mentally incapacitated; 
c. physically helpless, including drug or alcohol consumption; 
d. mentally "incompetent"; 
e. asleep. Rape 3rd degree is a class A felony

Rape 2nd degree is a class D felony

Rape 1st degree is a class B felony

CRIMINAL SEXUAL ACT (section 130.40) - same definition as rape but engages in anal or oral sexual conduct. Criminal Sexual Act 3rd is a class E felony

Criminal Sexual Act 2nd is a class D felony

Criminal Sexual Act 1st is a class B felony

ACQUAINTANCE RAPE (or DATE RAPE) is sexual intercourse undertaken by a friend, date or acquaintance without consent. Acquaintance Rape includes sexual intercourse that occurs through force, as a result of threats, physical restraint or physical violence, or without consent.

SEXUAL ABUSE (section 130.55) is forcing or coercing a man or woman to engage in any sexual contact other than intercourse under the circumstances mentioned above.

Sexual Abuse 3rd is a class B misdemeanor

Sexual Abuse 2nd is a class A misdemeanor

Sexual abuse 1st is a class D felony

PREDATORY SEXUAL ASSAULT is committing rape, criminal sexual act, aggravated sexual abuse or sexual conduct against a child in the first degree.
o Predatory Sexual Assault is a class A-II felony

PREDATORY SEXUAL ASSAULT and the victim is less than 13 yrs old.

o Predatory Sexual Act against a child is a class A-II felony

SEXUAL HARASSMENT is defined as unwelcome sexual advances, request for sexual favors, or other sexually-degrading verbal or physical conduct.

FORCIBLE TOUCHING (section 130.52)-squeezing, pinching or grabbing the sexual or mother intimate parts of another person. Forcible touching is a class A misdemeanor

SEXUAL MISCONDUCT (section 130.20) is engaging in sexual intercourse without consent, including oral or anal sexual conduct. Sexual misconduct is a class A misdemeanor.

STALKING is when he or she intentionally engages in conduct directed at a specific person that is likely to cause reasonable fear. Stalking 4th degree is a class B misdemeanor

Stalking 3rd degree is a class A misdemeanor

Stalking 2nd degree is a class E Felony

Stalking 1st degree is a class D felony

DOMESTIC VIOLENCE occurs when an intimate partner, family, or household member commits or attempts to commit:

Harassment 1st and 2nd degree- (section 240.25 and 240.26) means to intentionally to harass, annoy or alarm another person. Harassment 1st degree is a class B misdemeanor

Harassment 2nd degree is a violation

Aggravated harassment 2nd- is to convene a form of communication which serves no legitimate purpose or to harass as a hate crime. Aggravated harassment is a class A misdemeanor.

Stalking 1st,2nd,3rd, and 4th degrees (section 120.00). See prior classifications

Criminal Mischief (section 145.00) is to intentionally damage another’s property Criminal Mischief 1st is a class B felony

Criminal Mischief 2nd is a class D felony

Criminal Mischief 3rd is a class E felony

Criminal Mischief 4th is a class A misdemeanor

Menacing (section 120.00) is to intentionally places or attempts to place another person in fear of death for serious physical injury. Menacing 2nd is a class A misdemeanor

Menacing 3rd is a class B misdemeanor

Reckless Endangerment (section 120.20) is engaging in conduct creating a substantial risk of serious physical injury to another. Reckless Endangerment 1st is a class D felony

Reckless Endangerment 2nd is a class A misdemeanor

Assault (section 120.00) is recklessly or intentionally causing physical injury to another Assault 2nd is a class D felony

Assault 3rd is a class A misdemeanor

Sexual Misconduct (section 130.20)- see prior definitions

Forcible Touching (section 130.52)- see prior definitions

Sexual Abuse (section 130.55)- see prior definitions

PENALTY CLASSIFICATION

SENTENCE/FINE

Class A-I Felony

15 yrs to life in prison/$100,00 fine

Class A-II Felony

10 yrs to life in prison/$50,000 fine

Class B Felony

5 yrs-25 yrs / $30,000 fine

Class C Felony

3 ½ yrs – 15 yrs / $15,000 fine

Class D Felony

2 yrs – 7 yrs

Class E Felony

1 ½ yrs – 4 yrs

Class A Misdemeanor

Max of 1 year / $1,000 fine

Class B Misdemeanor

Max of 3 months / $500 fine

DISCIPLINARY ACTION

Where there is probable cause to believe the college's regulations prohibiting sexual misconduct have been violated, the college will expedite strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the college.

An individual charged with sexual misconduct will be subject to college disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending.

The college will make every effort to be responsive and sensitive to the victims of these serious crimes. Protection of the victim and prevention of continued trauma is the college's priority. When the victim and the accused live in the same residence hall, an immediate hearing with the College Judicial Officer will be held to determine the need for modifying the living arrangements.

Assistance for any other personal or academic concerns will be reviewed and options provided.

During the disciplinary process, the victim's rights are:

To have a person or persons of the victim's choice accompany the victim throughout the disciplinary hearing.

To remain present during the entire proceeding.

As established in state criminal codes, to be assured that his/her irrelevant past sexual history will not be discussed during the hearing.

To make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code.

To be informed immediately of the outcome of the hearing.

During the disciplinary process, the rights of the "accused" are as described under the Due Process Procedure of the College Judicial System.

As per Title IX of the Federal Office of Civil Rights with the complainant's consent, University Police will report sexual assault to the Title IX coordinator who will then do a separate investigation.


INFORMATION AND ASSISTANCE

If you believe you have been sexually assaulted in any way, you should seek assistance. If you are in continuing danger, call University Police immediately at x3550. It is important not to destroy any physical evidence that might be present. If there is any possibility that you will report the crime, you don't want to destroy the evidence. You may choose to seek support from your RA or Residence Hall Director, or you may wish to contact VIP (Violence Intervention Program) which maintains a 24/7 Hotline at 607-432-4855. A hotline worker will guide you through your choices which include: seeking medical attention, reporting the crime, and finding a safe place to spend the night. The hotline worker is also a trained rape crisis and relationship violence counselor who can help you through this time. 

University Police is available to assist you as well. University Police Officers have your well-being as their primary concern. They have been trained to treat you with respect and sensitivity. The officer will ensure that you are promptly taken to a physician for medical care and, if appropriate, for collection of evidence. At your request, University Police will contact VIP to provide immediate support and advocacy. If you wish to file charges, University Police will assist you. You have the option of reporting the crime to the local police and assistance in this matter will be provided at your request.

EDUCATIONAL PROGRAMS

Educational programs to promote awareness of rape, acquaintance rape and sex offenses are presented to the campus community by University Police and Student Development staff. For current prevention education programs go to the P.A.I.R.S. website.

The intent of the Key Policy is to assure safety and security for all students, faculty, and staff. This policy governs the issuance, replacement, and surrender of metal keys for interior doors and selected building exterior doors. As such, the following policy and procedures are limited to metal keys issued by the College. The "Card Access Security System Policy" governs electronic access to exterior building doors and special facilities.

TERMS 

A. All Campus keys issued are the property of the College and must be returned upon completion of service.
B. The College Lock Shop is responsible for performing all work pertaining to lock cylinders, rekeying, cleaning, cutting, issuing, maintaining records and ordering supplies.
C. All keys are issued exclusively by the Lock Shop.
D. No door locks are to be installed unless they are College owned/issued by the Lock Shop.
E. No employee or student is permitted to duplicate campus keys. Transferring permanent issue keys is strictly prohibited.
F. The Department Chair, or Unit Supervisor, AND Building Administrators will be responsible for initial authorization of the issuance of User keys and Group keys to employees in accordance with established guidelines. All other key requests will require further authorization pursuant to Procedures, Section I.1.B. After all necessary approvals have been received, the Director of Physical Plant or designee will process key requests.
G. Residence Life and Housing will be responsible for initial authorization and the issuance of keys to students living in residence halls. Students living in residence halls are authorized one room key and one mailbox key.
H. Employees and Students to whom keys have been issued are responsible for:
Signing for the key
Overall responsibility for security of keys issued
Reporting loss or theft of keys to University Police at ext. 3550
Return of keys when leaving College
Return of keys by students approved and issued keys to individual rooms in academic buildings
Return of keys at the request of the appropriate College official
I. The Key Policy Advisory Board is advisory to the President's Cabinet. They oversee and make recommendations on all aspects of the Key Policy and are the final authority on disputes regarding issuance of metal keys.

DEFINITIONS

1. User Key - Key that opens personal office or single door
2. Group Key - Key that opens a small group of rooms in one building (all doors are keyed the same way)
3. Metal Building Entrance Key - Key that allows admittance to the interior of a building from outside only
4. Sub-Master Key - Key that opens a large number of doors within a single building.
5. Master Key - Key that opens all doors in a single building except for isolated rooms or doors for security reasons
6. Grand Master Key - Key that opens all doors to several buildings with isolated exceptions.

PROCEDURES

I. KEY REQUEST AND ISSUANCE

1. EMPLOYEES AND STUDENTS IN ACADEMIC BUILDINGS

A. User keys and Group keys are issued to faculty/staff upon completion of a work request form. The form must have the signature of the appropriate Department Chair, or Unit Supervisor (if applicable) AND Building Administrator. The completed request is sent to the Physical Plant Office for further processing.
B. Metal building entrance keys are issued only to persons who routinely work before or after normal building hours in buildings requiring metal keys for exterior door access. Metal building entrance keys will NOT be used for any academic building that has electronic access through card access.
The issuance of metal building entrance keys, masters, sub-masters and grandmaster keys for any building requires specific, additional justification and will necessitate a higher threshold of responsibility and accountability. In addition to the Department Chair, or Unit Supervisor, AND Building Administrator the appropriate Vice President, or designee, will review these requests for approval prior to issuance. Issuance of these types of keys will be subject to audit on a periodic basis and may, in the instance of issuing the key to a department, require the purchase of a lock box.
C. Students may be issued metal User keys to individual rooms in academic buildings, via a properly completed work request form, with the approval of the appropriate Department Chair, or Unit Supervisor, AND Building Administrator.
D. Issuance of any other types of keys to students will require specific, additional justification and will necessitate a higher threshold of responsibility and accountability. In addition to the Department Chair, or Unit Supervisor, AND Building Administrator, the appropriate Vice President, or designee, will review these requests for approval prior to issuance. Issuance of these types of keys will be subject to audit on a periodic basis.
E. The Key Policy Advisory Board will be the final authority on disputes regarding issuance of all keys.
F. When requesting a replacement key (e.g., broken key), the original key must be turned in to the Lock Shop. If lost, a report must be filed with University Police before a new key request is honored.
G. Typically, keys are to be picked up at the Physical Plant Office.

2. STUDENTS IN RESIDENCE HALLS
Residence Life and Housing will be responsible for initial authorization and the issuance of keys to students living in residence halls. Students living in residence halls are authorized one room key and one mailbox key.


II. KEY RETURN

1. EMPLOYEES AND STUDENTS IN ACADEMIC BUILDINGS

A. All keys must be returned to the Physical Plant Office when an employee leaves College employ. An Exit Procedures form signed by the supervisor, or the appropriate designee of the department or unit must be turned in to the Office of Human Resources before the last day of employment. Forms are available at the Office of Human Resources.
B. All keys issued to students for academic buildings must be returned to the appropriate Department Chair, Unit Supervisor, Building Administrator or the prior to the end of each semester. If keys are not returned, a hold will be placed on the student's records.

2. STUDENTS/RESIDENCE HALLS

A. At occupancy termination or change, students must surrender key(s) to the Director of Residence Life or the Residence Hall Director.


III. LOST OR IRRETRIEVABLE KEYS
Lost keys are to be reported immediately to University Police at ext. 3550. A lost/stolen key report will be completed.

1. EMPLOYEES

A. When the lost/stolen key report is returned to the Lock Shop, a re-key checklist will be initiated and the Key Policy Advisory Board will meet to determine if re-keying is necessary If re-keying is deemed necessary, the following will occur using the appropriate cost according to the fee schedule (See Attachment 1).

1. If the key(s) were issued to a DEPARTMENT, the department involved will be notified of the approximate amount to be assessed to their department prior to the re-keying.
2. If the key(s) were issued to an INDIVIDUAL EMPLOYEE, the individual involved will be notified of the approximate amount to be charged prior to the re-keying.

B. If re-keying is not deemed necessary by the Key Police Advisory Board, then the department or individual employee will be assessed the per key replacement fee following standard College policy. Fees are to be reevaluated by the Key Policy Advisory Board, as needed.

2. STUDENTS

A. In the event lost keys are found, they must be returned to University Police immediately. If a key is lost, the lock will be changed and the student will be assessed the appropriate cost according to the fee schedule. Fees are to be reevaluated by the Director of Residence Life and Housing, in consultation with the Key Policy Advisory Board, as needed. The Director of Residence Life and Housing will determine if and when a lockset change is necessary and whether the student will be assessed the cost. Failure to pay an assessment will result in a hold being placed on the student's records.

IV. KEY POLICY ADVISORY BOARD
The Key Policy Advisory Board is advisory to the President's Cabinet (See Attachment 2 ). They function, in cooperation with the Director of University Police and the Director of Physical Plant, to meet as necessary to develop, approve, and review key forms; to decide when re-keying is needed; to review Lock Shop policies; to review the Key Policy; to develop and recommend a fee schedule; and is the final authority on disputes regarding issuance of metal keys.

A. The Key Policy Advisory Board consists of:
Designee as appointed by the Vice President for Finance & Administration
Designee as appointed by the Vice President for Student Development
Designee as appointed by the Vice President for Academic Affairs
The Director of University Police and the Director of Physical Plant serve as ex-officio members (non-voting).
The Key Policy Advisory Board will use the re-keying guidelines (See Attachment 1) when considering the need for re-keying campus facilities or spaces.

According to New York State Penal Law § 485.05, a person commits a hate crime when he or she commits a specified criminal offense and either intentionally commits the act or intentionally selects the person against whom the offense is committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct.

A bias act is conduct that adversely and unfairly targets an individual or group based on the social identity categories of national origin, ethnicity, race, age, religion, gender, gender identity & expression, sexual orientation, disability, veteran status, color, creed, marital status or any combination of these characteristics. The perpetrators may be known or unknown and the act may be verbal, written or physical and occur on the SUNY Oneonta campus or within an area that affects the campus community. Activity protected by the First Amendment will not constitute bias acts.

Information about the College’s response to bias acts and hate crimes can be found at the Bias Acts and Hate Crimes website and is disseminated through the Office of Human Resources, the Office of Multicultural Student Affairs, the Office of Community Standards, and the University Police Department. Anyone who believes that she/he has been the victim of a hate crime or bias act is encouraged to seek assistance at any of those offices.

PROCEDURES FOR REPORTING BIAS ACTS

IF YOU FEEL THAT YOU ARE THE TARGET OF OR IF YOU WITNESS A BIAS RELATED ACT, PLEASE FOLLOW THE REPORTING PROCEDURE OUTLINED BELOW:

GRAFFITI

  • Do not erase or clean it. Contact University Police immediately so that an officer will take photographs and/or record the contents of the graffiti, as well as collect any other evidence available.
  • If you cannot remain at the scene until an officer arrives, cover any graffiti/evidence with a piece of paper. Write on the paper that UPD was called and give the date and time of your call. This will prevent others from seeing it and making additional calls or erasing the evidence.
  • If you are told by someone that they observed bias-related graffiti, you or the person who told you should contact University Police. However, if you are told that the evidence of this graffiti has been cleaned or erased you should contact the Office of Student Development and provide as much information as you have about the time and place the graffiti was seen.

OTHER PROPERTY DAMAGE

  • Do not attempt to clean or repair the damage.
  • Contact University Police immediately for an officer to collect evidence and record the damage. University Police and/or Residence Life may contact an emergency maintenance staff member if the damage makes a structure unsafe.

VERBAL HARASSMENT AND/OR THREATS

  • Students – contact University Police immediately and provide detailed descriptions of what happened, what was said, who was involved, and where it occurred. Also, include names of any witnesses.
  • Employees – Please follow the Workplace Violence policy This policy directs you to discuss the incident with your supervisor who will then contact Daniel P. Chambers, Chief of University Police, and Human Resources for investigation, follow-up, and support as needed. For additional information, you may also refer to the Discrimination Policy.

PHYSICAL ATTACK

  • Contact University Police immediately for medical evaluation and assistance by dialing 911 from any campus phone or 607-436-3550 from a cell phone. For employees, this also falls under the Workplace Violence policy. A University Police Officer will direct you regarding how to proceed.

ANONYMOUS REPORTING

If you and/or witnesses want to remain anonymous, you may still report a bias act by using Silent Witness on the University Police Department website. There will be a limited investigation, but it will provide a record that may assist officers in resolving other cases. Anonymous reports will also assist the campus in keeping a more accurate record of bias acts that occur in our community.

INFORMATION REGARDING BIAS ACTS AND HATE CRIMES
More information can be found at the Bias Acts and Hate Crimes website.

GENERAL ORDER 101.30

GENERAL ORDER 101.30
GENERAL ORDER 101.30

I. Purpose

The purpose of this General Order is to reaffirm the department’s commitment to unbiased policing, clarify the circumstances in which race can and cannot be used as a factor to establish reasonable suspicion or probable cause, and to reinforce as well as establish new procedures that serve to bolster the confidence and mutual trust of all members of the public. The purpose of this order is to ensure that we are providing service and enforcing laws in a fair and equitable manner.

Bias-based profiling; is the selection of individuals based solely on a common trait of a group. This includes but is not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable groups. Law enforcement agencies should not condone the use of any biased-based profiling in its programs as it may lead to allegations of violations of the constitutional rights of the citizens we serve, undermines the legitimate law enforcement efforts, and may lead to claims of civil rights violations. Additionally, biased based profiling may alienate citizens, foster distrust of law enforcement by the community, invite media scrutiny, legislative action, and judicial intervention.

II. Policy

It is the policy of the New York State University Police Department at SUNY Oneonta and the responsibility of all members to protect the rights of all individuals regardless of race, religious belief, gender, sexual orientation, ethnicity, or economic status; to treat all individuals with dignity, equality and fairness, regardless of race, religious beliefs, gender, sexual orientation, ethnicity, or economic status; and to assure that all official actions where an individual’s freedom to move about is hindered is based upon reasonable suspicion or probable cause. Bias or prejudice of any kind will not be tolerated in any dealings with individuals whether they are victims, suspects when being taken into custody, or while in the custody of the department. Bias-based profiling in traffic contacts, field contacts and in asset seizure and forfeiture efforts is prohibited. All law enforcement actions will stay within the established guidelines as determined by the most recent decisions of the N.Y.S. Court of Appeals and the U.S. Supreme Court.   Deviations from this policy will be met with the strictest discipline, that is in full compliance with applicable legal standards and the contractual requirements contained in Agreement between the State of New York and PBANYS,  NYSCOBA, CSEA, and UUP.

III. Definition

Bias Based Profiling – The selection of individuals based solely on a common trait of a group. This includes but is not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable groups. Our use of the term, Biased Based Profiling acknowledges our understanding of the broader diversity of both our campus community and those communities around us and the history of Oneonta and the SUNY campus.

The ACLU states "Racial Profiling refers to the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual’s race and ethnicity, religion or national design.”  Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior.  The prohibition against racial profiling does not preclude the use of race, gender, sexuality, ethnicity or national origin as factors in a detention decision, if and when the detention decision is in response to an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conduction an inquiry into that person's activities simply because of that individual's race, ethnicity or national origin are forms of racial profiling. According to the ACLU definition, racial profiling also includes racially or ethnically discriminatory acts and discriminatory omissions on the part of law enforcement. 

IV. Procedure

A. Impartial and Equitable Policing

1. Members will respond to requests for police service, will render aid and assistance, and will investigate offenses and suspicious circumstances independent or regardless of race, religious beliefs, gender, sexual orientation, or ethnic background of any person or group of persons.

2. All enforcement actions, such as investigative detentions, traffic stops, arrests, searches and seizures and asset forfeitures, will be based upon a standard of reasonable suspicion or probable cause as required by statutes and the 4th Amendment of the United States Constitution.

  • Officers must be able to articulate specific facts, circumstances, and conclusions which support probable cause or reasonable suspicion for all enforcement actions.
  • Except as provided in number 2 above of this directive, officers shall not consider race, ethnicity, gender or other potentially improper criteria in establishing either reasonable suspicion or probable cause.
  • Officers may take into account the reported race, ethnicity, gender, or other potentially improper criteria of suspects based on credible, reliable, locally relevant information that links a person of specific description criteria to particular criminal incidents, or links specific crimes in specific areas to groups of individuals to specific description criteria.
  • Nothing in this directive or other agency directives alters officers’ authority to conduct enforcement actions or otherwise fulfill officers’ enforcement obligations.

3. Members will, as necessary and professionally appropriate, use techniques and strategies that advance the reality of impartial policing. Officers are expected to work to prevent the perception of biased law enforcement, which could assist the efforts towards gaining the trust and confidence of the campus community. These techniques and strategies include, but are not limited to:

  • Be courteous, polite, and professional.
  • Introduce yourself, providing your name, and explain to the citizen the reason for the stop as soon as practical, unless doing so compromises the safety of officers or others. In vehicle stops, provide this information before asking the driver for his/her license and registration.
  • Ensure that the length of traffic stops, investigative detentions, field contacts, etc., is no longer than necessary to take appropriate actions.
  • Answer questions that citizens may have, including any options for dispositions of related enforcement actions.
  • Explain the credible, reliable, or locally relevant information that lead to stops or contacts when no enforcement actions were taken, unless doing so compromises the safety of officers or others.
  •  Request the presence of supervisory or command ranked officers to allow citizens to voice their field contact or enforcement related concerns.
  • Explain the department’s personnel complaint process and answer any questions relating to these citizen rights.

4. Officers will use the wearable video cameras on all vehicle and traffic stops or any other incidents as outlined in General Order 302.50 Wearable Video Camera.

5. Officers must document the contact, either criminal or non-criminal, in the department's RMS system. This report must include all pedigree information.

V. Complaint Process

A. Any complaint that a member conducted policing activities based upon any improper criteria will be conducted consistent with General Order 140.10 Personnel Complaints & Internation Investigations.

B. Violations of this directive will result in remedial training and/or disciplinary action, that is in full compliance with applicable legal standards and the contractual requirements contained in Agreement between the State of New York and PBANYS,  NYSCOBA, CSEA and UUP

VI. Training

A. Supervisors shall ensure all personnel within their command are familiar with the content of this directive and are operating in compliance with the same.
B. Members will receive annual training in subjects that advance the reality of unbiased policing and include strategies and techniques that help promote community confidence and trust and to include the legal aspects of bias-based profiling.
C. Individual members and/or supervisors may receive additional, specialized, supplemental or remedial training as deemed necessary and appropriate.
D. Appropriate training subjects may include, but are not limited to:

  1. Officer safety
  2.  Courtesy
  3.  Field contacts
  4.  Traffic stops
  5. Cultural diversity
  6. Discrimination
  7.  Community support
  8.  Search and seizure and forfeiture
  9. Interview techniques
  10. Interpersonal communications
  11. Constitutional and case law
  12. Procedural Justice and Police Legitimacy Training and/or Historical dimensions of Police/Minority Interaction Training

VII. Administrative Review

A. The Chief of Police will ensure that an annual administrative review is conducted to examine the department’s commitment to unbiased policing. Dynamics that are to be included in these reviews include, but are not limited to:

  1. Related department directives
  2. Department practices
  3. Related complaints
  4. Citizen concerns
  5. Training

G.O 130.10
ISSUE DATE: 05/09
EFF. DATE:11/01/10
DCJS STANDARDS 20.1, 21.2
APPROVAL Jennifer L. Fila, Chief of Police
New О RESCINDS: AMENDS *130.10 & 130.20

I. Purpose

Law enforcement officers around the country and here in New York State are authorized to use reasonable and legitimate force in specific circumstances. Federal constitutional and state statutory standards dictate when and how much force can be used. This policy is founded in these standards, but is not intended to be an exhaustive recitation of state and/or federal legal framework governing use of force. This policy is not intended to endorse or prohibit any particular tactic, technique, or method of employing force.

II. Policy

The federal and state standards by which use of force is measured are both founded in the basic premise of objective reasonableness. The amount of force that is used by the officers shall be the amount of force that is objectively reasonable under the circumstances for the officer involved to effect an arrest, prevent an escape, or in defense of themselves or others. The standard of objective reasonableness, established by the United States Supreme Court in Graham v. Connor, is used in this policy and is intended to provide officers with guidelines for the use of force, including deadly physical force.

As the Supreme Court has recognized, this reasonableness inquiry embodies “allowance for the fact that police officers are often forced to make split-second judgments — in circumstances that are tense, uncertain, and rapidly evolving — about the amount of force that is necessary in a particular situation.”

This policy is written in recognition of the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires careful balancing of all interests.

III. Definitions

  1. Objectively Reasonable - An objective standard used to judge an officer’s actions. Under this standard, a particular application of force must be judged through the perspective of a reasonable officer facing the same set of circumstances, without the benefit of 20/20 hindsight, and be based on the totality of the facts that are known to that officer at the time that the force was used.
  2. Deadly Physical Force - Physical force which, under the circumstances in which it is used, _is readily capable of causing death or other serious physical injury._
  3. Physical Injury - Impairment of physical condition or substantial pain.
  4. Serious Physical Injury - Physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

IV. Use of Force

  1. In general terms, force is authorized to be used when it is reasonably believed to be necessary to effect a lawful arrest or detention, prevent the escape of a person from custody, or in defense of one’s self or another.
  2. Under the 4th Amendment, a police officer may use only such force as is “objectively reasonable” under the circumstances. The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene.

V. Determining The Objective Reasonableness of Force

  1. When used, force should be only that which is objectively reasonable given the circumstances perceived by the officer at the time of the event.
  2. Factors that may be used in determining the reasonableness of force include, but are not limited to:
    1. The severity of the crime or circumstance;
    2. The level and immediacy of threat or resistance posed by the suspect;
    3. The potential for injury to citizens, officers, and suspects;
    4. The risk or attempt of the suspect to escape;
    5. The knowledge, training, and experience of the officer;
    6. Officer/subject considerations such as age, size, relative strength, skill level, injury or exhaustion, and the number of officers or subjects;
    7.  Other environmental conditions or exigent circumstances.

VI. Duty To Intervene

  1. Any officer present and observing another officer using force that he/she reasonably believes to be clearly beyond that which is objectively reasonable under the circumstances shall intercede to prevent the use of unreasonable force, if and when the officer has a realistic opportunity to prevent harm.
  2. An officer who observes another officer use force that exceeds the degree of force as described in subdivision A of this section should promptly report these observations to a supervisor.

VII. Use of Deadly physical Force

  1. Deadly physical force may be used by an officer to protect themselves or another person from what the officer reasonably believes is an imminent threat of serious physical injury or death.
  2. Deadly physical force may be used to stop a fleeing suspect where:
    1. The officer has probable cause to believe the suspect has committed a felony involving the infliction or threat of serious physical injury or death; and,
    2. The officer reasonably believes that the suspect poses an imminent threat of serious physical injury to the officer or to others.
    3. Where feasible, some warning should be given prior to the use of deadly physical force.
  3. University Police Officers are not required to retreat in lieu of the justifiable use of deadly physical force. Nevertheless, the use of deadly physical force must be objectively reasonable in light of the circumstances.
  4. In considering the use of a firearm, University Police Officers must keep in mind that the officer alone is responsible for his or her acts and that he or she may be required to justify them in an administrative hearing or court of law.
  5. The shooting of warning shots is strictly prohibited.

VIII. Prohibited Uses of Force

  1. Force shall not be used by an officer for the following reasons:
    1. To extract an item from the anus or vagina of a subject without a warrant, except where exigent circumstances are present;
    2. To coerce a confession from a subject in custody;
    3. To obtain blood, saliva, urine, or other bodily fluid or cells, from an individual for the purposes of scientific testing in lieu of a court order where required;
    4. Against persons who are handcuffed or restrained unless it is used to prevent injury, escape, or otherwise overcome active or passive resistance posed by the subject.

IX. Reporting and Reviewing the Use of Force

  1. Any injuries resulting from a use of force incident shall result in the appropriate and timely medical attention being provided to the injured party.
  2. Members involved in use of force incidents as described below shall notify their supervisor as soon as practicable and shall complete a departmental Use of Force Report.
    1. 1. Use of force that results in a physical injury.
    2. 2. Use of force incidents that a reasonable person would believe is likely to cause an injury.
    3. Incidents that result in a complaint of pain from the suspect except complaints of minor discomfort from compliant handcuffing.
    4. Use of temporary restraining devices, handcuffs, is mandatory on all prisoners unless, in the officer’s judgment, unusual circumstances exist which make the use of temporary restraining devices impossible or unnecessary (e.g. prisoner is very elderly or handicapped, etc.) The mere placing of handcuffs on a prisoner will not be construed to be a use of physical force. A use of Physical Force has occurred when:
      > The handcuffs become an appliance to exert force necessary to further subdue a prisoner or,
      > Where the suspect physically resists the application of handcuffs.
    5. Incidents where a firearm was discharged or threatened to be discharged at a subject.
    6. Incidents involving the Use or threatened use of Oleoresin Capsicum or the expandable police baton.
    7. Incidents involving the use or threatened use of conducted energy device (CED).
  1. A standardized Use of Force Report will be used to document any reportable use of force incident. A Firing of Weapon Report will also be completed in any incident other than training where a department issued weapon is discharged.
  2. After physical force is used, an officer shall immediately evaluate the need for medical attention or treatment for that person upon whom the physical force was used and arrange for such treatment when: that person has a visible injury, complains of injury or discomfort, or requests medical attention

X. Procedures For Investigating Use of Force incidents

  1. Where practicable, a supervisor should respond to the scene to begin the preliminary force investigation.
  2. A supervisor that is made aware of a force incident shall ensure the completion of a use of force report by all officers engaging in reportable use of force and, to the extent practical, make a record of all officers present.
  3. Photographs should be taken which sufficiently document any injuries or lack thereof to officers or suspects.
  4. The [applicable person, unit, or bureau] will receive the supervisor’s report and conduct an investigation.
  5. Consistent with agency disciplinary protocols and any applicable collective bargaining agreements, agency policy should establish standards for addressing the failure to adhere to use of force guidelines.

XI. Training

  1. All officers should receive training and demonstrate their understanding on the proper application of force.
  2. Training topics will include use of force, conflict prevention, conflict resolution and negotiation, and de-escalation techniques and strategies, including, but not limited to, interacting with persons presenting in an agitated condition as well as duty to intervene and prohibited conduct.
  3. This policy is not intended to be a substitute for proper training in the use of force. Comprehensive training is the key to the real-world application of the concepts discussed within this policy.

G.O 350.30
ISSUE DATE: 02/21/2017
EFF. DATE: 02/21/2017
DCJS STANDARDS: 
APPROVAL Daniel P Chambers, Chief of Police
New О RESCINDS

I.     Purpose

This policy details SUNY State-operated College University Police Department rules for responding to requests from Federal immigration officials.
СВР: Customs and Border Patrol, a Division of the U.S. Department of Homeland Security (https://www.cbp.gov/).
ICE: U.S. Immigrations and Customs Enforcement, a Division of the U.S. Department of Homeland Security (https://www.ice.gov/).

II.     Policy

  1. ENFORCEMENT ACTIONS AND COMMUNITY INTERACTIONS.
    1. University Police shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following:
      > Actual or suspected immigration or citizenship status; or
      > A "civil immigration warrant," administrative warrant, or an immigration detainer in the individual's name, including those identified in the National Crime Information Center (NCIC) database.
    2. University Police shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity by that individual.
    3. University Police shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law-whether pursuant to Section 1357(g) of Title 8 of the United States Code or under any other law, regulation, or policy.
  2. ICE OR СВР DETAINER REQUESTS.
    1. State University of New York colleges do not detain individuals for extended periods of time. To the extent any request is made regarding an individual in the custody of University Police, University Police may respond affirmatively to a "civil immigration detainer" from ICE or СВР to detain or transfer an individual for immigration enforcement or investigation purposes for a brief time period ONLY IF the request is accompanied by a judicial warrant, 
      > EXCEPT THAT University Police may detain a person for a brief time period on a "civil immigration detainer" in the absence of a judicial warrant IF:
      > there is probable cause to believe that the individual has illegally re-entered the country after a previous removal or return as defined by 8 U.S.C. § 1326 and (2) the individual has been convicted at any time of (i) a specifically enumerated set of:
      • serious crimes under the New York Penal Law (e.g., Class A felony, attempt of a Class A felony, Class В violent felony, etc.) or (ii) a federal crime or crime under the law of another state that would constitute a predicate felony conviction, as defined under the New York Penal Law, for any of the preceding felonies; or
      • there is probable cause to believe that the individual has or is engaged in terrorist activity.
  3.  ICE OR СВР REQUESTS FOR CERTAIN NON-PUBLIC, SENSITIVE INFORMATION. OR СВР DETAINER REQUESTS.
    1. University Police may respond affirmatively to an ICE or СВР request for nonpublic information about an individual- including but not limited to non-public information about an individual's release, home address, or work address- ONLY IF the request is accompanied by a judicial subpoena or judicial warrant:
      > EXCEPT THAT nothing in this law prohibits University Police Command Level staff in coordination with Campus Counsel from:
      • sending to or receiving from any local, state, or federal agency- as per 8 U.S.C. § 1373-(i) information regarding an individual's country of citizenship or (ii) a statement of the individual's immigration status; or
      • disclosing information about an individual's criminal arrests or convictions, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order; or
      • disclosing information about an individual's juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order.
      • All review and response to requests for information from ICE or СВР shall be handled by Command Level personnel in coordination with Campus Counsel.
    2. University Police shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform agency duties and shall prohibit the use or disclosure of such information in any manner that violates federal, state, or local law.
  4. ACCESS TO INDIVIDUALS IN UNIVERSITY POLICE CUSTODY.
    1. Absent a lawfully issued judicial warrant, University Police shall not provide ICE or СВР with access to an individual in their custody or the use of agency facilities to question or interview such individual if ICE or CBP's sole purpose is enforcement of federal immigration law.
  5. COLLECTION OF IMMIGRATION RELATED INFORMATION AND NONDISCRIMINATORY ACCESS TO SERVICES
    1. University Police personnel shall not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits are contingent upon one's immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws.
  6. RECORDKEEPING
    1. University Police shall record, solely to create the reports described in subsection (2) below, the following for each immigration detainer, notification, transfer, interview, or interrogation request received from ICE or СВР:
      > The subject individual's race, gender, and place of birth;
      > Date and time that the subject individual was taken into University Police custody,
      > the location where the individual was held, and the arrest charges;
      > Date and time of University Police’s receipt of the request;
      > The requesting agency;
      > Immigration or criminal history indicated on the request form, if any;
      > Whether the request was accompanied any documentation regarding immigration status or proceedings, e.g., a judicial warrant;
      > Whether a copy of the request was provided to the individual and, if yes, the date and time of notification;
      > Whether the individual consented to the request;
      > Whether the individual requested to confer with counsel regarding the request;
      > University Police’s response to the request, including a decision not to fulfill the request;
      > If applicable, the date and time that ICE or СВР took custody of, or was otherwise given access to, the individual; and
      > The date and time of the individual's release from University Police custody.
    2. The University Police shall provide within two weeks of an immigration detainer, reports to the Commissioner for University Police, with copy to Campus Counsel, regarding the information collected in subsection (a) above in an aggregated form that is stripped of all personal identifiers in order that the Office of the Commissioner may monitor compliance with applicable law.
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