Marist is committed to creating a diverse workforce on our campus by ensuring that barriers to equal employment opportunity and upward mobility do not exist here. To this end, the College will strive to achieve the full and fair participation of minorities, women, people with disabilities, and any other protected groups found to be under-represented.

Equal opportunity means employment, development, and promotion of individuals without consideration of race, color, disability, religion, age, sex, marital status, national origin, sexual orientation, or veteran status unless there is a bona fide occupational requirement which excludes persons in one of these protected groups. The College will review its employment policies and procedures to ensure that barriers which may unnecessarily exclude protected groups are identified and eliminated. The College will also explore alternative approaches if any policy or practice is found to have a negative impact on protected groups.

Marist's policy of non-discrimination includes not only employment practices but also extends to all services and programs provided by the College. It shall be considered a violation of College policy for any member of the community to discriminate against any individual or group with respect to employment or attendance at Marist on the basis of race, color, disability, religion, age, sex, marital status, national origin, sexual orientation, veteran status, or any other condition established by law.

Affirmative Action Officer

The College's Affirmative Action Officer is responsible for overseeing affirmative action and equal employment opportunity. All questions, concerns, and complaints regarding the College's Affirmative Action Plan should be directed to Christina Daniele, Vice President for Human Resources via email Christina.Daniele@dos5.net or ext. 2115.

The Americans with Disabilities Act (ADA) is a federal civil rights law enacted on July 26, 1990. It is intended to protect qualified persons with disabilities from discrimination in employment, government services and programs, transportation, public accommodations, and telecommunications. The ADA supplements and complements other federal and state laws which protect persons with disabilities.

Marist supports the spirit and intent of the ADA. Accessibility questions or concerns may be addressed by calling the Marist College ADA phone line at 845-575-4ADA or contact Eva Jackson, Director for Employee Relations, at Eva.Jackson@dos5.net.  

Policy and Procedures: Procedure for Discrimination, Harassment, and Sexual Misconduct for All Students and Employees

Marist affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. All policies below are subject to resolution using the College's Equity Resolution Process, as detailed below. The Equity Resolution Process is applicable regardless of the status of the parties involved, who may be members or non-members of the campus community, students, student organizations, faculty, administrators and/or staff. The College reserves the right to act on incidents occurring on-campus, or off-campus, when the off-campus conduct could have an on-campus impact or impact the educational mission of the College.

Key staff members who oversee implementation of the College's Affirmative Action and Equal Opportunity plan, disability compliance, and the College's policy on Civil Rights Equity Grievance are:

• Kelly Yough serves as the Title IX Coordinator
• Christina Daniele serves as the Equity/AA Coordinator
• Eva Jackson serves as the ADA/504 Coordinator

Reports of discrimination, harassment and/or retaliation should be made to the Title IX Coordinator, Christina Daniele, or deputy/deputies promptly, but there is no time limitation on the filing of grievances, as long as the accused individual remains subject to the College's jurisdiction. All reports are acted upon promptly while every effort is made by the College to preserve the privacy of reports. Emergency access to the Title IX Coordinator or other appropriate, trained official is provided at all times, for intake of the first instance of a disclosure. All victims will be provided with a comprehensive brochure detailing options and resources, which the intake officer will also go over in person with the victim. Reports of discrimination by the Title IX Coordinator or designee should be reported to the College President.

This policy applies to behaviors that take place on the campus, at College-sponsored events, and to off-campus and actions online when the Title IX Coordinator or designee determines that the off-campus conduct affects a substantial College interest. A substantial College interest is defined to include:

a) Any action that constitutes criminal offense as defined by federal or New York law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law committed in the municipality where the College is located;
b) Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others;
c) Any situation that significantly infringes upon the rights, property, or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
d) Any situation that is detrimental to the educational interests of the College.

Internal inquiries regarding the enclosed policies and procedures may be made to:

Kelly Yough Director of Equity and Title IX Coordinator Marist College  (845) 575 - 2210 titleix@marist.ed

Andrea Conner Vice President of Student Affairs Rotunda 389 (845) 575 - 3515 andrea.conner@dos5.net

 

External inquiries may be made to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Fax: (202) 453-6012
TDD: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Local OCR office contact information:
Region II - New York (New Jersey, New York, Puerto Rico, Virgin Islands)
Linda Colon, Regional Manager
Office for Civil Rights
U.S. Department of Health and Human Services
Jacob Javits Federal Building
26 Federal Plaza - Suite 3312
New York, NY 10278
Phone (800) 368-1019
Fax: (212) 264-3039
TDD: (800) 537-7697

Equal Employment Opportunity Commission (EEOC)
Contact: http://www.eeoc.gov/contact/

Members of the College community are encouraged to review the entire Procedure for Discrimination, Harassment, and Sexual Misconduct for All Students and Employees policy.  

Smoking within buildings on the campus is a violation of the New York State Clean Air Act which has been in effect since 2003. The law requires every employer in the state to provide smoke-free work areas for all employees in the workplace. The Dutchess County Clean Air Act mirrors the New York State law. Violations of the law can result in fines to the both the College and the individual.

Smoking is not permitted in any building on campus including any private office, College vehicles, locker room, loading dock, or storage area. Smoking is also prohibited near doors, windows, or air intakes.

To ensure proper compliance with the law and to prevent potential injury or damage due to a fire, it is important that members of the Marist community keep in mind that SMOKING is PROHIBITED in any College building. It is also College policy that SMOKING is PROHIBITED within 25 feet of any College building.

Security staff have been instructed to remind employees and students who are observed smoking too close to a building of the policy and to ask the person(s) to move further away from the building or extinguish the cigarette. Your cooperation and support in complying with the College’s policy on smoking is greatly appreciated.

The use and effects of illegal drugs and the abuse of alcohol pose very serious threats to our society.  This policy statement is intended to clearly communicate, to current and future employees and students of Marist College, our primary objective:

To eliminate, through treatment, cessation of use or the dismissal of those whose actions violate established standards of behavior, all on-campus problems, real or potential, associated with the use of illegal drugs or the abuse of alcohol.

Policy

Distributing, purchasing, selling, using, possessing, manufacturing or being under the influence of any illegal drug while on campus, or anywhere while representing Marist College, is strictly prohibited. Likewise, the use of alcohol by any underage member of the College Community or by anyone in other than authorized circumstances and the abuse of alcohol by anyone at any time on campus, or anywhere while representing Marist College, is also strictly prohibited. Violation of these rules of conduct constitute grounds for disciplinary action up to and including termination of employment or permanent expulsion from the College. Such violations and any off-campus violations may also subject an individual to arrest and prosecution by law enforcement agencies. The penalties for violations of drug and alcohol statutes can be severe and can include extended prison terms.

As a condition of employment and in accordance with requirements established by the Drug Free Workplace Act (1988), all employees must notify the College of any criminal drug statute convictions for a violation occurring in the workplace, no later than five (5) days after such conviction.

The College recognizes that drug dependency and alcoholism are health problems which are often contributing factors to poor work or academic performance, absenteeism and related behavior. Marist does not wish to become involved in the personal affairs and activities of its employees or students. Our primary concern is that each performs satisfactorily and safely while on campus, or anywhere while representing the College. However, if an individual's job or academic performance decline can be attributed to drug or alcohol addiction, the College will treat that individual as one with a health problem and will assist him or her in meeting his or her responsibility to correct their problem using the services of those organizations capable of providing the best rehabilitative assistance.

Dependency problems which manifest themselves in drug or alcohol use on-campus, or anywhere while representing the College, or which continue to adversely affect an individual's work or academic performance may subject that individual to disciplinary action up to and including dismissal.

Referrals for treatment or counseling will be an option available to the College within disciplinary processes for individuals found in violation of any of the provisions of this policy. Failure to comply with a disciplinary referral or to satisfactorily complete the course of treatment ordered may be grounds for dismissal.

To Seek Assistance:

Resource information and referral services will be provided to anyone who requests them. Information regarding requests for referral will be held in complete confidence.

Students should contact:

Office of Health Services
Student Center - Room 350
(845) 575-3270

College Staff should contact:

Office of Human Resources
Donnelly Hall - Room 120
(845) 575-3349

The Marist College Code of Ethics describes standards to guide us in our daily College activities. In many cases these standards are already found in existing College policies and are being followed. A key purpose of the Code of Ethics is to commit all applicable standards to writing and to ensure that they are understood and followed by the community. It is the responsibility of all members of the Marist community to read the Marist Code of Ethics and to disclose potential or actual conflicts of interest described under Section II-A. Senior administrators are responsible for promoting the understanding of and compliance with the Code of Ethics.

The Marist Code of Ethics is a shared statement of our commitment to upholding the ethical, professional and legal standards we use as the basis for our daily and long-term decisions and actions. We are each individually accountable for our own actions and, as members of the College community, are collectively accountable for upholding these standards of behavior and for compliance with all applicable laws and regulations.

Introduction

Sexual misconduct, including sexual assault, dating/relationship violence, domestic violence, and stalking, are violations of Marist's standards of conduct and the State of New York Penal Code. Members of the College community, guests, and visitors have the right to be free from sexual violence and any form of gender-based discrimination prohibited by Title IX. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. When a responding party is found to have violated this policy, sanctions will be imposed based on the nature of the case. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated. The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy.

While there are a number of laws and regulations that mandate how colleges and universities handle allegations of sexual misconduct and assault, it is impossible to define every scenario that could be a violation of this policy. Ultimately, the College has the discretion to determine whether or not the policy has been violated and impose appropriate sanctions for infractions.

Building a Healthy Community

Violence based on sex and/or gender, including sexual assault, concerns most of the world's colleges and universities, including Marist College. Marist aims to prevent and respond to sexual assault, dating/intimate partner/domestic violence, stalking, and sexual harassment through prevention training, collaboration, outreach, and advocacy. This website offers information and resources to prepare our community about sexual assault prevention, awareness, and what healthy relationships entail.

The resources provided on this site are to assist and educate members of the Marist community, support a survivor immediately after an assault, and to provide information to the family and friends of survivors.

Because the knowledge and resources available about relationships and sexual aggression continues to grow, new information will be posted to this website on an ongoing basis. It is our intention to continue to build a healthy campus culture of support and good-will.

Should you have suggestions for the site, please don't hesitate to contact the Title IX Coordinator:

Marist College’s Title IX Coordinator

Kelly Yough
Director of Equity and Title IX Coordinator
Marist College 
(845) 575 – 2210
titleix@marist.ed

I.    Purpose
In furtherance of Marist's strategic goal to empower the Marist community to explore, learn, find and pursue their passions, develop their voices, and lead through the creation of a dynamic campus culture, Marist supports the expression of different points of view and the right to peaceful demonstration. To help maintain a campus environment where members of the Marist community can safely pursue their endeavors free from disruption, the following policy is applicable to demonstrations and protests.

II.    Scope
This policy applies to all demonstrations, protests, and other similar expressive activity conducted on any Marist-owned or operated property, including but not limited to Marist's academic and residential buildings in Poughkeepsie, New York and Marist's facilities in Florence, Italy (collectively, the "Campus").  

III.    Definitions

A.    "Demonstrations" are defined as the presence of one or more persons on campus with the intent to express a particular point of view in a manner that attracts attention, including but not limited to protests, rallies, sit-ins, vigils, marches, encampments processions, or similar forms of expression.
B.    "Protest" means a public demonstration of opinion undertaken to attract attention. This includes but is not limited to verbal expression, signs and displays, and body occupying a particular space.
C.    "Freedom of expression" means the right to engage in peaceful protests and demonstrations.
D.    "Peaceful" and "non-disruptive" demonstrations are those conducted in compliance with federal and state rules and regulations as well as the College's policies and procedures, which are not disruptive of academic and educational processes or the normal operations of the College, and do not create conditions that may jeopardize the safety of others and institutional property.   
E.    "Counter-protest" means a demonstration held in protest of another simultaneously occurring demonstration.

IV.    Policy

A.  General Terms
Marist College is committed to allowing lawful and peaceful demonstrations on its Campus. Freedom of expression is a cornerstone of intellectual inquiry and debate, and allows our diverse community to express a wide range of concepts, ideas, and opinions in pursuit of knowledge.  Freedom of expression does not, however, extend to conduct that threatens the safety of the College community, infringes upon the rights of others, disrupts the education of Marist students, causes property damage, or devalues individual dignity through harassment, retaliation, or abuse of any kind. Such conduct violates Marist’s community standards and the spirit of free and open discourse.  

Demonstrators who engage in an on-Campus demonstration may not obstruct access to the College's facilities, disrupt normal College operations, or force cancellation or interruption of classes, meetings, or authorized events. Additionally, on-Campus demonstrators must comply with all applicable federal, state, and local laws and ordinances, as well as other applicable College policies.

Considerations of Time, Place and Manner 
The College reserves the right to modify the time, place, or manner of a demonstration when there is a reasonable expectation that it may threaten safety, suppress others' rights to speech, or disrupt the education of students, such as by interfering with the ability of others to see, hear, or participate in another event, class or academic activity. 

Examples of conduct that will require modification include but are not limited to:
1.    Blocking access to Campus facilities or activities or impeding traffic.
2.    Utilizing signs made of hard materials other than cloth, cardboard, or large items.
3.    Using bullhorns or other amplified sound-making devices inside of buildings or outside of buildings in a manner that interferes with indoor academic instruction or College events.
4.    Using temporary structures such as tents, scaffolds, bleachers, and inflatables.
5.    Violating the College's community standards.

Successful Demonstrations Require Planning and Accountability
To ensure that demonstrations can be successfully executed in accordance with this policy and do not threaten the safety of or unduly disrupt the rights of other campus constituents, students are expected to provide written notice to the College via the Dean of Students or the Vice President of Diversity, Equity, and Inclusion, faculty to the Provost, and staff to the Vice President of Human Resources a minimum of three (3) business days in advance of the demonstration.  Such advance notice is required to allow the College to make any necessary plans and accommodations to provide for the safety and security of the Marist community, and to respond to the demonstration organizers with information regarding reasonable time, place, and manner considerations in a timely fashion, no later than 48 hours after notification.

In addition to the above notice requirement, any demonstrations that contemplate inviting outside speakers to Campus must also comply with Marist's Policy on Speakers at Public Events.  

Banners, Placards and Signs 
Banners, placards, and signs generally are allowed so long as they are not dangerous to others, do not significantly impede the participation of others in usual College activities and operations, or are otherwise prohibited by Marist policies or regulations. If the use of banners, placards, or signs is dangerous or significantly impedes the participation of others, College officials may require the individuals carrying the banners, placards, or signs to move to a different location, adjust, or remove the materials.

B.  Prohibited Acts
The following acts are prohibited during demonstrations and protests: 
1.    Using speech, written expression, or conduct that threatens or harasses a specific person or group, including hate speech and threats based on race, ethnicity, religion, sex, gender, disability, age, or other protected status.
2.    Any inciting of violence or commission of violent acts.
3.    Placing the health and/or safety of any member of the College community or guest at risk. 
4.    Bringing torches, weapons, or other hazardous items on Campus.
5.    Coercing members of the community to accept promotional materials.
6.    Occupying public spaces for prolonged periods without permission or denying or obstructing free access for others to such spaces. 
7.    Engaging in theft, vandalism, or other property damage.
8.    Cutting, painting, or marking trees, chalking buildings or other structures, or the use of Campus trees or structures to display signs. 
9.    Using physically intimidating tactics or unwelcome physical contact between demonstrators, counterdemonstrators, audience members, speakers, or College officials. 

C.  Violation of Policy
If any conduct is found to be violative the Policy, a designated College official will address the conduct, and demonstration organizers and participants will be required to stop the offensive conduct. Behavior that continues to violate the Policy will be addressed as appropriate, including application of any appropriate disciplinary action.

D.  Demonstrations Involving Members of the Public
Marist College is a private institution, and as such may require members of the public who are not currently faculty, staff, or students to leave College property. Failure to comply may result in an arrest for unlawful trespass or other criminal violations. Members of the College community who invite members of the public onto Campus are responsible for informing such guests of the College policies and procedures and will be held accountable for the actions of their guests.