Policies and Laws

Clarkson strives to be a safe, inclusive community where all can thrive in a positive environment. Our policies coupled with local and federal legislature make it possible for us to foster a great environment for learning and inclusion within our classrooms.

Please see our specific policies and legislature below.

Americans with Disabilities Act 504

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin – and Section 504 of the Rehabilitation Act of 1973 -- the ADA is an "equal opportunity" law for people with disabilities.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

All members of the Clarkson Community and associated third parties are encouraged to use the following resources to report concerns or violations.  In addition, to these resources you may contact the ADA/504 Coordinator directly.

Staff

Inquiries concerning Section 504, and the Americans with Disabilities Act of 1990 should be directed to Human Resources.

Under ADA regulations community members may contact the Coordinator directly for advice or to file a complaint.  ADA504@clarkson.edu.

Students

For students, the Office of Accessibility Services is the designated office responsible for maintaining disability related documentation, determining eligibility for accommodations, and ensuring the provision of those accommodations. The University strives to make all facilities and programs accessible to students with permanent, ongoing, and temporary disabilities by providing appropriate and reasonable accommodations, as necessary. Disabilities that may benefit from reasonable accommodations include, but are not limited to, broken wrist, ADHD, surgery recovery, Learning Disability, concussion, visual impairment, etc.

For more information and/or to request accommodations, contact the Office of Accessibility Services at oas@clarkson.edu or 315268-7643.

Under ADA regulations, community members may contact the ADA/504 Coordinator directly for advice or to file a complaint. Contact the ADA/504 Coordinator at ada504@clarkson.edu.

Guests of the University

Inquiries concerning Section 504, and the Americans with Disabilities Act of 1990 should be directed to Human Resources.

Inquiries concerning Section 504, and the Americans with Disabilities Act of 1990 should be directed to ADA504@clarkson.edu.

Jeanne Clery Disclosure Act and VAWA

The University is required by law to disclose and provide campus crime statistics over the last three years concerning reported crimes that occurred on campus, in certain off-campus buildings or property owned or controlled by the university, and on public property, within or immediately adjacent to and accessible from, the campus. The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, and other matters.

The following link is to the Jeanne Clery Disclosure Act Crime Awareness and Campus Security/Sexual Assault Prevention Annual Report.

Questions concerning this report should be made to the Office of Campus Safety & Security 315-268-6666.

The Violence Against Women Act (VAWA) as recently amended includes the Campus Save Act.

CAMPUS SAVE ACT (SECTION 304)

The Campus SAVE Act amends the Clery Act and enhances campus responses to domestic violence, sexual assault, dating violence, and stalking by:

  1. modifying institutions’ reporting requirements;
  2. providing guidance on campus statements of policy; and
  3. improving protection of victims’ rights.

Federal guidelines are still being created for campuses.

For further information, you can contact us directly through the Contact Us page.

Sexual Violence Domestic Abuse Dating Violence and Stalking

We are Here to Help

If you experience sexual assault, domestic violence, dating abuse or stalking know we are here to support you. 

We offer 24-hour access to confidential and non-confidential resources.

We can assist you in accessing support services such as health care, SANE Nurses, mental health counselors, on and off campus victims advocates, campus safety and law enforcement.

It is important to us that you feel in control of the process of accessing services and deciding who and when to report an incident.

We will protect your privacy and work to minimize how often you have to discuss the issue

We are trained to work with individuals who have experienced trauma.

Below are some definitions and resources related to specific issues.  

Sexual Assault. Consistent with federal law, Clarkson defines sexual assault as including non-consensual sexual acts[intercourse] and non-consensual sexual contact which can be further defined as follows:

Non-Consensual Sexual Acts[Intercourse.] Any sexual penetration (anal, oral or vaginal), however slight, with any body part or object by a person upon a person, that is without affirmative consent. Non-consensual sexual acts includes the following:

Rape: penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the affirmative consent of the victim.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.   

Non-Consensual Sexual Contact. Any intentional sexual touching, however slight, for purposes of sexual gratification or with sexual intent, of any private body part, by a person upon a person, that is without affirmative consent.  This includes, but is not limited to, intentional contact for sexual or arousal reasons with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch oneself or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice, with any object.

New York State Laws can be found on the www.svfreenyc.org website.

Sexual Exploitation occurs when a person, without affirmative consent, takes sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to the following:

  • invasion of sexual privacy;
  • prostituting another person;
  • non-consensual video or audio-taping of sexual activity;
  • going beyond the boundaries of consent;
  • observing unsuspecting individuals who are partly undressed, naked, or engaged in sexual acts;
  • engaging in sexual activity with another person while knowingly infected with HIV or another STD without informing the other person of such infection;
  • exposing one’s breasts, buttocks, groin, or genitals, in non-consensual circumstances; coercing another to expose their breasts, buttocks, groin, or genitals

    Sexual Harassment. Sexual harassment is a specific form of harassment.  The term refers to unwelcome conduct, based on sex or on gender stereotypes that a reasonable person would find intimidating, hostile or offensive. Sexual harassment may include, for example, exposing a person to unwanted sexually graphic conversation; an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to unwelcome sexual attention or advances; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence or sexual assault; intimate partner violence; sexual interest-based stalking, or gender-based bullying.

    There are three types of Sexual Harassment:

    • QUID PRO QUO: Benefits offered or withheld as a means of coercing sexual favors.
    • HOSTILE ENVIRONMENT: Conduct that unreasonably interferes with the victim’s work/academic performance or repeatedly creates an intimidating, hostile or offensive environment.
    • RETALIATORY: retaliation against an individual or individuals for bringing a complaint or participating in a complaint

    As with other forms of harassment, whether sexual harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred.

    Examples of behavior and conduct that constitute sexual harassment may include, but are not limited to, the following:

    • physical assault that occurs because of sex or gender;
    • direct or implied threats that submission to sexual advances will be a condition of employment, work status, compensation, promotion, grades, or letters of recommendation;
    • sexual advances, physical or implied, or direct propositions of a sexual nature. This activity may include inappropriate/unnecessary touching or rubbing against another, sexually suggestive or degrading jokes or comments, remarks of a sexual nature about one's clothing and/or body, preferential treatment in exchange for sexual activity, and the inappropriate display of sexually explicit pictures, text, printed materials, or objects that do not serve an academic purpose;
    • a pattern of conduct, which can be subtle in nature, that has sexual or gender overtones and is intended to create, or has the effect of creating, discomfort and/or humiliation of another; or
    • remarks speculating about a person's sexual activities or sexual history, or remarks about sexual activities that do not serve a medical or academic purpose.

    Sexual Misconduct. Sexual misconduct refers generically to the categories of sex-based behaviors prohibited by this policy, including sexual harassment, sexual assault, non-consensual sexual contact (or attempts to commit same), non-consensual sexual intercourse (or attempts to commit same), domestic violence, dating violence, stalking and sexual exploitation. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by persons of any gender or sex, and it can occur between people of the same or different sex.

    Stalking. Stalking is behavior means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress.   Stalking may involve following or placing another under surveillance, or repeatedly contacting another person for the purpose of harassing and intimidating the other person. The term “contact” means to make or attempt to make any communication, including, but not limited to, communication in person, by telephone, by mail, by broadcast, by computer or computer network, or by any other electronic device It does not require that an overt threat of death or bodily injury be made.

    https://www.members.victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/bulletins-for-teens/stalking#victim