Student Handbook 2011-2012 This handbook and its content may be modified at the discretion of Immaculata University. When major modifications are made a notice will be sent to the community via e-mail. General Information Page ……..Alma Mater ……..Seal of University ……..University Mission Statement ……..History of the University ……..University Commitment Statement ……..University Code of Conduct Statement ……..Leadership at Immaculata University 8 9 10 10 11 11 13 13 13 16 16 17 17 19 20 20 20 21 21 21 22 23 23 23 24 24 24 25 25 26 26 27 27 28 28 29 30 30 ……..Leadership Activities ……..Leadership Training ……..Emerging Leaders Program ……..Leadership Recognition ……..Co-Curricular Transcript Student Functions and Activities Student Participation in Institutional Government 31 31 31 31 32 32 32 University Resources and Services Academic Success Center Athletics Book Store Business Office Campus Emergency Response Campus Safety and Protection Cancellation of Classes Catering Commuter Life Counseling Services Dining Services Facilities & Housekeeping Financial Aid Health Services Housing – Off Campus Housing – University International Student Services Library Lost and Found Mac Mentor Program Mission and Ministry Office of Career Development One Card University Card Orientation Post Office Residence Life and Housing Transportation Vehicle Registration and Parking Vending Machines Student Leadership, Involvement & Activities 2 Student Clubs and Organizations ……..Accreditation Process ……..Requirements for Accreditation ……..Student Membership ……..Advisor Responsibilities ……..Approval of Clubs or Organizations ……..Appeals ……..Privileges of Accredited Organizations ……..Responsibilities of Accredited Organizations ……..Rights of the University ……..Revocation of Accreditation Student Publications Student Association of Immaculata University ……..Constitution ……..Article I. Name and Seal ……..Article II. Purpose ……..Article III. Membership ……..Article IV. Powers ……..Article V. Executive By-laws of the Student Association of CUS Of IU ……..Article I. Student Council ……..Article II. Duties of Officers ……..Article III. Duties of Members ……..Article IV. Meetings ……..Article V. Standing Committees ……..Article VI. Class Government ……..Article VII. Duties of Class Officers ……..Article VIII. Resignation and Impeachment ……..Article IX. Office Vacancies ……..Article X. Amendments Student Membership on Committees Standing Committees ……..Campus Ministry ……..Recruitment and Retention ……..Library ……..Strategic Planning and Budget ……..Student Life and Development ……..Teacher Education Sub-Committee Task Forces ……..The Department of Campus Safety and Protection ……..Dining Services ……..The Graduate Student Advisory Committee ……..The CLL Student Advisory Committee …….The Undergraduate Curriculum and CUS Policy Student Advisory Committee Code of Student Conduct Section I - Introduction /Overview ……..University Policies ……..Academic Policies 32 33 33 34 35 35 35 35 36 36 37 37 38 38 38 38 38 38 38 39 39 39 40 40 40 42 43 44 44 44 44 45 45 45 45 45 45 45 45 45 45 46 46 46 48 48 48 48 3 ……..Statement of Rights and Freedoms of Students ……..Freedom of Access to Higher Education ……..Student Records …………………Introduction …………………Policy Scope and Applicability …………………Definitions …………………Maintenance and Retention of Student Records …………………General Guidelines on Student Records …………………Circumstances where Student Consent is NOT required under FERPA …………………Directory Information may be disclosed without student consent …………………Guidelines Regarding Disclosure of Information to Various Different Parties …………………Guidelines Regarding Special Types of Student Records …………………Student Right to a Hearing …………………Student Right to File a Complaint ……..Inspection of Disciplinary Records Section II - Non-Academic Relational Policies to Immaculata University ……..Alcohol Beverage Policy ……..Animal Harm Policy ……..Assumption of Risk ……..Cellular Phone Use Policy ……..Dangerous Practices Policy ……..Dining Services Policy ……..Dishonesty Policy ……..Disorderly Conduct Policy ……..Drug Policy (Controlled Substances) ……..Drug Free Schools and Communities Act (DFSCA) Policy ……..Equal Opportunity ……..Ethnic Intimidation Policy ……..Failure to Comply Policy ……..Fireworks Policy ……..Freedom of Association Policy ……..Freedom of Inquiry and Expression Policy ……..Gambling Policy ……..Guest Rooms Policy ………….Guest Rooms Procedures ……..Hazing and Related Behaviors Policy ……..Health Immunization and Records Policy ……..Health Insurance Policy ……..HIV Policy ……..Indecent Conduct Policy ……..Identification Policy ……..Non-Discrimination, Anti-Harassment and Non-Retaliation Policy ……..Noise Policy 48 48 49 49 49 49 50 50 51 52 53 55 56 56 57 58 58 59 59 59 60 60 60 61 61 62 62 63 63 64 64 64 65 65 65 66 67 67 67 68 68 69 73 4 ……..Off-Campus Behavior Policy ……..Parental Notification Policy ……..Parking Guidelines Policy ……..Physical Harm Policy ……..Political Activity Policy ……..Posting and Advertising Policy …….. Racial Incidents Policy …….. Roof/Fire Escape Access Policy ……..Sexual Activity Policy ……..Sexual Assault …………Offenses ……..Sexual Exploitation ……..Speakers Policy ……..Theft, Attempted Theft Policy ……..Towing and Vehicle Immobilization Policy ……..Traffic and Parking Appeals Policy ……..Unpaid Parking Violations Policy ……..Vandalism Policy ……..Vendor Policy ……..Violence Policy ……..Weapons Policy Section III - Ecological/Facilities Policies ……..Clean Air Policy ……..Elevator Access Policy ……..Environmental Policy ……..Fire Regulations ……..Escape Plan ……..Fire Alarm Building Evacuation Staging Areas ……..If You Are In A Burning Building ……..Small fires ……..Large/unmanageable fires ……..False alarms and fire drills ……..Fire suppression/detection equipment ……..Grounds and Facilities Access Policy Section IV - Psychological Policies ……..Destructive Behaviors Policy ……..Standard of Self-Welfare Policy ……..Return to Campus Policy ……..Procedures for all Psychological Policies ………………....Confidentiality .…....Appeals …….Procedures for Appeal of Interim Suspension Section V - Residential Living Policies ……..Cleanliness/Food Prep/Storage/Trash/Disposal Policy ……..Electrical Appliances Policy ……..Housing Assignments & Occupancy Policy ……..Housing and/or Board Accommodation …………………..Location of Housing and/or Board Accommodations Request Forms 74 74 75 77 77 78 79 79 79 80 80 83 83 84 84 85 85 85 86 86 87 89 89 89 90 90 91 91 92 92 92 93 93 93 94 94 94 95 96 98 98 99 100 100 100 101 102 102 5 …………………..Summary of Process …………………..Procedure for Review …………………..Appeal of Housing Accommodation Decision ……..Housing and Board Agreement ……..Keys Policy – Residential ……..Lounge Utilization/Furniture Policy ……..Personal Property Policy ……..Pets Policy ……..Room Changes Policy ……..Room Condition/Damage Assessments ……..Room Furnishing Policy ……..Room Entry Policy ……..Sports/Recreational Equipment Policy ……..Telephones Policy …………………..Safety Tips ……..Vacation Periods Policy ……..Visitation Policy …………………..Visitation Hours ……..Windows, Window Screens, & Window Coverings Policy Section VI - Technology Policies ………Electronic Acceptable Use Policy …………………..Introduction …………………..Policy Scope and Applicability …………………..Ownership …………………..Disclaimer and Limitation of Liability …………………..Appropriate Use of IU Information Technology …………………..Inappropriate Uses and Content …………………..No Expectation of Privacy …………………..User‘s Responsibility for Maintaining Privacy …………………..Enforcement …………………..Contact ……..Video Policy …….Policy on Video Cameras installed on University Premises For Safety and Security Purposes …….Copyright Policy …………………Introduction …………………Application ............................Compliance with Copyright Laws …………………File-Sharing and Peer-to Peer Software Programs …………………Software Generally Protected by Copyright Law …………………Violation of Copyright Laws …………………Digital Millennium Copyright Act …………………Reporting A Violation Section VII - Student Crime Reporting ……..Student Crime Reporting Policy ……..Incident Report Filing Policy ……..Missing Student Notification Policy 102 103 104 104 105 105 106 106 107 107 108 108 109 109 109 109 110 111 113 114 114 114 114 114 115 115 116 118 120 120 122 122 122 125 125 125 125 127 128 128 129 129 130 130 130 130 6 …………………..Policy …………………..Contact Information …………………..Investigatory Procedures …………………..Notification of Appropriate Officials and Other Persons ………Timely Notification Policy …………………..General …………………..Timely Notice – Emergencies …………………..Timely Notice – Evacuation …………………..Timely Notice – Clery Act/Crime Alerts …………………..Timely Notification Action Report …………………..Reporting …………………..Other Departments …………………..Media Relations Section VIII - Student Disciplinary Procedures - NonAcademic ……..Disciplinary Procedures ……..Key Definitions ……..Preparing for a Disciplinary Meeting/Conduct Hearing ……..Incident Reports/Disciplinary Report Structure Process ……..Preliminary Hearing Procedure ……..Administrative Hearing Officer or University Conduct Board (UCB) Procedure ……..Designated First Offense Procedure ……..Notification of Conduct Proceeding Results ……..Procedures Pertaining to Anonymity ……..Written Affidavits or Statements ……..Procedures for Recusal ……..Mediation ……..Extraordinary Procedures Section IX - Student Procedure for Appeal - NonAcademic ……..Procedures for Appeal ……..Procedures for Appeal of an Interim Suspension Section X – Sanctions – Non- Academic ……..Sanctions 130 131 131 132 132 133 133 133 134 134 135 135 135 136 136 136 138 138 139 140 141 141 142 142 142 142 143 145 145 146 147 147 7 Alma Mater High reared upon thy noble hill Immaculata! Could I to thee bring aught of ill Immaculata! Thy colors shining white and blue To them unshaken I’ll be true; Nor coward faithless to thy trust Low drag them soiled in the dust, Immaculata! Thy halo rich in golden light, Immaculata! Cheers on the traveler of the night Immaculata! Thy mem’ry fair as any star When from thy gates I’ve wandered far Let be a beacon ever bright To guide my footsteps in the night, Immaculata! Words: Reverend Anthony J. FIynn, PhD. Music: Sister Immaculee, I.H.M. 8 Seal of the University The disk is blue and white, the colors of the University, with a representation of the Immaculate Heart of Mary pierced with a sword superimposed on a field of light blue—a detail taken from the seal of the congregation of the Sisters, Servants of the Immaculate Heart of Mary. On the blue field, above the image of the heart, are twelve stars which symbolize the virtues of Mary Immaculate, patroness of the University. On the blue field beneath the image of the heart is the motto of the University, Scientia floret virtute (Knowledge flourishes in virtue). Beneath the motto is a spray of lilies under which is placed the year of the University charter, 1920. The outer edge of the disk is white, engraved with the words, Universitas Immaculatae Immaculatae Pennsylvania (Immaculata University, Immaculata, Pennsylvania). 9 University Mission Statement Immaculata University is a Catholic, comprehensive, coeducational institution of higher education sponsored by the Sisters, Servants of the Immaculate Heart of Mary. Its programs, rooted in academic rigor, ethical integrity and Christian core values, encourage a commitment to lifelong learning and professional excellence. With belief in the dignity and potential of all men and women, Immaculata integrates its students in a community of service and empowers them to assume meaningful roles in a diverse and changing world. Contributing to the development of the whole person of any faith, Immaculata affirms liberal education as an integrative process in the formation of a truly educated person who is value-oriented and committed to truth, service, justice and peace. History of the University Immaculata University occupies the highest point of the South Valley Hills overlooking the beautiful and prosperous Great Valley. The hill on which Immaculata was built has a history dating to Colonial times. The Indians called this section of Chester County ―the dark valley‖ because it was so heavily wooded, and the earliest settlers were probably traders from the Swede settlements along the Delaware. Gradually the population grew, villages and roads were laid out, and in 1704, Whiteland Township, in which Immaculata is situated, was established. During the Revolutionary War, the Great Valley was an important link between West Chester (then Turk‘s Head) and Lancaster, where Congress moved after the Battle of Brandywine. Following that battle, Washington began to move his troops toward Philadelphia when, on September 15, 1777, his scouts located the British army in the general area of Boot Road. Anticipating a confrontation, Washington drew up his men along the South Valley Hills, forming a line from the junction of King Road and Goshen Road westward as far as Ship Road. There was sporadic firing along this line until a severe and providential rain storm, in the late afternoon, soaked both armies and ruined their fire power. Under cover of the storm, Washington withdrew his troops and continued his move toward Germantown. The skirmish became known as ―the Battle of the Clouds,‖ and, today, the impressive dome of Immaculata University rises from the place where the Continental troops had their center position. The Sisters, Servants of the Immaculate Heart of Mary came to West Chester in 1872. Mother M. Camilla Maloney, who bought the land in 1906, was instrumental in extending the IHM‘s educational apostolate to the college level. Through the years, additional acreage was acquired so that the University now occupies 373 acres. Ground was broken for the first building in 1908, and, during the ceremony, a statue of the Blessed Virgin Mary was placed on the site of the present rotunda. Although Mother Camilla did not live to see the building completed, Villa Maria Academy in Frazer accepted its first students in 1914. From the beginning, Mother Camilla had planned to provide college education for Catholic women, and under her successor, Mother M. Loyola Gallagher, that plan was realized. The College Charter was granted on November 12, 1920, and the formal opening of Villa Maria 10 College occurred in September, 1921. By the end of the 1920‘s, the academy had moved to Green Tree; the west wing (Nazareth Hall) had been remodeled to house the Chapel, Dining Room, and Home Economics Department, and a new east wing (Lourdes Hall) was added. The name Villa Maria was reserved for the main building after the college name was changed to Immaculata in 1929. Through the years, academic and residence facilities have expanded to meet the needs of the growing enrollment. Alumnae Hall, the performing arts and physical education center, opened in the Fiftieth Anniversary year (1970), and Gabriele Library, dedicated in May 1993, provides the latest in information services and technology. Programs, too, have kept pace with changes in higher education. Immaculata now offers an ever increasing number of academic programs to students in the College of Undergraduate Studies, the College of LifeLong Learning, and the College of Graduate Studies. In 2002, Immaculata College was awarded University status by the Pennsylvania Department of Education. In 2003, the Board of Trustees granted approval for the College of Undergraduate Studies to become co-educational starting in fall 2005. University Commitment Statement Immaculata University is committed to the belief that ―with respect to the fundamental rights of the person, every type of discrimination is to be overcome and eradicated as contrary to God‘s intent‖ (Vatican Council II, Gaudium et spes, No. 29). Accordingly, it is the policy of Immaculata University to comply fully with provisions of federal and local laws, and regulations where applicable, which prohibit unlawful discrimination on the basis of a person‘s race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law or University Policy.. A graduation rate for students who entered Immaculata University on a full-time basis is available in the Office of the Registrar. This edition of the Student Handbook contains an overview of student services and offices and those policies which are required by law to be distributed to each registered student. University Student Code of Conduct Statement We, the students of Immaculata University, shall seek excellence in the classroom, on the playing field, and in positions of leadership and service across our campus. As a community of scholars, we shall work together with faculty to create an environment conducive to teaching and learning. As a community of persons, we shall treat each other with compassion, with dignity, and with civility – avoiding bigotry, racism, and sexism and learning from each other through the diversity we bring to Immaculata University. As persons, we shall be honest and just in all that we do, recognizing that we can never be greater than the integrity of our words and deeds. As citizens of a global community, we shall act responsibly, both on campus and off – 11 governing our actions not only by our personal needs and desires but also by a concern for the welfare of others, for the general good of humankind, and for the environment upon which we mutually depend. Recognizing that communities cannot exist without values and codes of conduct, we shall search for enduring values, and we shall adhere to those codes of conduct, which have been established by and for members of Immaculata University. When we leave Immaculata, we shall leave it better than we found it – and, in support of this goal, we pledge our loyalty and our service to this institution which we have chosen as our own. 12 UNIVERSITY RESOURCES AND SERVICES Academic Success Center The Academic Success Center (18 Villa Maria Hall) houses the Peer Tutoring Program, the IU Scholars Program, Academic Coaching, the Office of Academic Accommodations and the First Year Experience and Strategies for Academic Success courses. The Academic Accommodations office provides assistance to students in the College of Undergraduate Studies with a diagnosed learning, medical, or psychiatric disability who are eligible to receive special learning accommodations in the classroom in accordance with the Americans with Disabilities Act. The center also provides one-on-one academic coaching for any student who would like extra help with study techniques, time management, and organization. The Peer Tutoring Program is free of charge to all students. Students seeking this service should complete a Tutoring Request Form. The forms can be obtained in the Tutoring Center or by following the link to the Tutoring Center online at www.immaculata.edu/Tutoring Center ATHLETICS Immaculata University is a member of the National Collegiate Athletic Association (NCAA) Division III and the Colonial States Athletic Conference (CSAC). As a member of the NCAA Division III, Immaculata University adheres to the NCAA Division III philosophy. Athletics is an integral part of the liberal arts educational experience at Immaculata University. The athletic programs provide an opportunity for individual growth while instilling discipline, self-sacrifice, teamwork, and the essence of sportsmanship and fair play. A student-athlete is expected to commit his or her best efforts to academics first and then to his or her sport, to join other University activities, to fulfill responsibilities such as work/study, and, in general, to enjoy a full collegiate experience. The specific aim of Immaculata athletics is to provide a quality competitive experience in an atmosphere of commitment, success and teamwork. The college experience is a time of learning and growth - a chance to follow passions and develop potential. For student-athletes in Division III, all of this happens most importantly in the classroom and through earning an academic degree. The Division III experience provides for passionate participation in a competitive athletic environment, where student-athletes push themselves to excellence and build upon their academic success with new challenges and life skills. And student-athletes are encouraged to pursue the full passions and find their potential through a comprehensive educational experience. To that end, Immaculata: a. Places special importance on the impact of athletics on the participants rather than on the spectators and places greater emphasis on the internal constituency; b. Awards no athletically related financial aid to any student; c. Encourages the development of sportsmanship and positive societal attitudes in all constituents, including student-athletes, coaches, administrative personnel, 13 and spectators; d. Encourages participation by maximizing the number and variety of athletics opportunities for their students; e. Assures that the actions of coaches and administrators exhibit fairness, openness and honesty in their relationships with studentathletes; f. Supports student-athletes in their efforts to reach high levels of athletic performance, which may include opportunities for participation in national championships, by providing all teams with adequate facilities, competent coaching and appropriate competitive opportunities. Academic Eligibility for Participation in Athletics In order to participate in intercollegiate athletics at Immaculata University, a student must be in good academic standing and show satisfactory progress toward a degree in accordance with the University standards, while taking a minimum of 12 credits per semester to maintain full-time status. 1. Good Academic Standing: After 12-23 credits – Cumulative GPA must be a 1.75 After 24-59 credits – Cumulative GPA must be a 1.80 or above After 60+ credits – Cumulative GPA must be a 2.0 or above 2. Satisfactory Progress: Following this year 1 2 3 4 5 A student must have 24 credits 48 credits 72 credits 96 credits 120 credits Summer school can be used to meet these requirements for the academic year just completed as long as the credits are earned prior to the fall semester. 3. Full-time student – Full-time status at Immaculata University is defined as being enrolled in at least 12 credit hours per semester. However, last semester seniors enrolled in at least 9 credits, provided that is all they need to graduate, may retain eligibility. Class Absence for Athletic Competition Student-athletes are eligible to be excused from class attendance in order to represent Immaculata University in intercollegiate athletic competition, subject to the requirements and 14 procedures below. 1. Understandings: a. Student-athletes are entitled to the same number of class absences as students who do not represent Immaculata University in intercollegiate athletics; however, knowing they may need to miss class for athletic competition, every effort should be made to attend all classes. b. Student-athletes will not miss class for practices. c. Subject to (a) and (b) above student-athletes will not be charged a class absence in order to represent Immaculata University in intercollegiate athletic competition provided they adhere to the following procedures. 2. Procedures: a. The athletic director will forward a complete roster and schedule to all faculty at the start of each sport season. b. A student-athlete must inform his/her instructor one week in advance of the date of the class he/she will miss. c. The instructor will be presented an intercollegiate Athletic Participation Class Absence Form. Using this form, the instructor will write the assignment to be completed in order to compensate for the missed classroom time. This assignment shall not be in excess of the subject matter covered during the student-athlete‘s absence. Also, the next class session assignment, as well as any other assignments, shall be included. d. The student-athlete will prepare the assignment by the next regularly scheduled classroom session. Should the student-athlete fail to satisfactorily complete the assignments, the instructor may lower the assignment grade accordingly. Should a student-athlete be charged a class absence for failure to adequately prepare his/her athletic absence form, he/she will have this absence subtracted in the same manner as a regular class absence. Furthermore, the studentathlete‘s coach may impose a penalty (i.e. game suspension). e. A student-athlete who misses a scheduled class test to represent Immaculata University in intercollegiate athletic competition will be granted the opportunity to take said test at a time that does not preclude athletic competition. The instructor, using reasonable consideration, shall determine when said examination will be held. Should the instructor elect not to proctor the test, then he/she shall indicate on the athletic absence form the method of procuring the test as well as the method of returning it to the instructor. It is understood that neither penalty nor added credit shall be attributed to any examination taken in this manner. 15 Team Travel Students are eligible to be excused from class for all NCAA competition provided they adhere to the policy on Class Absence for Athletic Competition. Athletic contests and departure times will be established to reduce the amount of class time which student-athletes will miss. It is further understood that coaches may honor requests from athletes not to miss class for athletic competition purposes. Such request should be in writing and not be held against the athlete. BOOK STORE The University Bookstore (Barnes and Noble), located on the ground floor of Good Counsel Hall, carries required and recommended textbooks, National Campus bestsellers, school supplies, gifts and clothing with the University logo, greeting cards, magazines, health and beauty aids, as well as snacks, candy and juices. The Bookstore accepts VISA, MASTERCARD, DISCOVER, AMERICAN EXPRESS, IU ONE CARD and personal checks with valid ID. Students are advised to bring course selection sheets when buying books and materials for class. The Bookstore also buys used textbooks and will gladly offer refunds when proper procedures are followed. Procedures are posted in the Bookstore. Bookstore hours are posted on MyIU Portal. You can reach the bookstore by calling extension 3090. BUSINESS OFFICE The Business Office is responsible for providing student account information regarding tuition, fees and payment options. Students are required to pay their tuition and fees in full by the payment due date. Information concerning installment payment plans can be found in the Immaculata University catalogs, course brochures and online. Payments may be made by check, money order, or any major credit card and are accepted online, by mail or in person in the Business Office between the hours of 8:30 a.m. and 4:00 p.m. The Business Office is located in Villa Maria, terrace level Room #14. Payment drop boxes are located outside the Business Office doors in Villa Maria and at the commuter entrance located in Loyola Hall. Checks should be made payable to Immaculata University and mailed to: Business Office, P.O. Box 631, Immaculata, PA 19345. Late fees will be assessed monthly to accounts with outstanding balances. Students with outstanding financial obligations will not be permitted to register for future terms, receive grades, teacher certifications or transcripts. Immaculata University reserves the right to assign outstanding student account balances to a collection agency. The student is responsible for all collection agency fees, subject to applicable laws. Immaculata University offers many online features available through the MyIU student portal. Electronic billing, student refunds, payment by credit card or e-check, and scheduling future 16 payment transactions are a few of the online conveniences. The Business Office also handles work study paychecks. CAMPUS EMERGENCY RESPONSE An emergency is a situation creating imminent danger to: lives or health; public and private property; or the ability of the University to reasonably carry on normal operations. An emergency could be caused by a natural disaster, man-made catastrophe, terrorist activity, civil disturbance, or other violent or threatening behavior by an individual or group. One measure of an organization‘s strength is its ability to respond well in an emergency. Since not every scenario can be predicted, an emergency response plan must be able to adapt quickly to events as they unfold. The Immaculata University Campus Emergency Operations Plan designates areas of responsibility and defines for the University the framework necessary to respond to emergency situations. The entire Campus Emergency Operations Plan can be found on the MyIU portal, listed under Weather and Emergency Information. The Director of the Department of Campus Safety and Protection and the Vice President for Student Development and Engagement are responsible for putting the plan into motion. The Emergency Response System at Immaculata University uses a system of three levels, with Level I being a minor emergency, Level II being a major emergency and Level III being a disaster or catastrophe, which requires a high level of coordination among local, state and national organizations. In the event of a campus emergency, information pertaining to the situation can be found on the University web-site, MyIU, and on the campus telephone system voicemail. By signing up for e2Campus you will be able to receive important Immaculata University campus community alerts. These alerts are part of the University‘s comprehensive emergency response protocol for rapid notification to students, faculty and staff about situations or events occurring on campus or its surrounding area. There are four basic situations for emergency alerts, when we want people to take immediate notice: Security incidents, Health Alerts, Severe weather, Campus closing. We have a sign up link on the MyIU portal, under the Weather & Emergency Information channel. The Department of Campus Safety and Protection can be reached at extension 5555. Students, faculty and staff will also receive information via e-mail, voice mail broadcast and distributed fliers. Residence Life and Housing Staff will be available to convey the information to residential students. These resources will be continually updated to keep the campus community informed. CAMPUS SAFETY AND PROTECTION The Department of Campus Safety and Protection is committed to advance the mission and goals of the University through provision of a safe and secure environment conducive to learning and personal achievement. 17 Security services for Immaculata University are provided through the Department of Campus Safety and Protection. This proprietary department provides security related services to the entire University community 24 hours a day throughout the year. The department is comprised of a Director, four supervisors, eleven full-time officers, seven part-time officers, a secretary, a One Card ID Manager. Department personnel have a service orientation, but do not have police authority. The law enforcement agency having jurisdiction is East Whiteland Township Police Department. Officers rely on active student involvement in making the campus as safe as possible. Immaculata students provide an invaluable service by being on the alert for potential problems and notifying the Department of Campus Safety and Protection immediately of any suspicious persons or activity. Students are responsible for their own actions which in any way affect their safety or the safety of others. The Uwchlan Township Police Department provides law enforcement service to Immaculata University students residing in the University sponsored housing in the Marchwood Apartments, in Exton, PA. The Department of Campus Safety and Protection complies with mandated reporting to the Pennsylvania State Police (Uniform Crime Report) and the US Department of Education (Clery Act). Department personnel perform the following tasks: provide escort service, manage identification card system, manage the parking program on campus, assist motorists (jump start dead batteries, lock out services) manage the access control system, monitor the CCTV locations, emergency telephone locations, conduct investigations (variety of incidents, including criminal investigations), medical assistance (includes use of Automated External Defibrillator). The Department oversees student room keys. Department personnel provide crime prevention programming and fire safety training and a Rape Aggression Defense (RAD) program. RAD is a women‘s self defense class. Related responsibilities include monitoring the student visitation program. The Department is located in the terrace level of Lourdes Hall. The location is central to the campus; the telephone extension number for the Department is X5555. Should students need assistance and not know where to turn, they are encouraged to contact the Department of Campus Safety and Protection. If department personnel cannot help to resolve the problem, they will refer the student to the proper department within the University or the appropriate external agency. Medical Emergencies are coordinated through the Department of Campus Safety and Protection. The Department of Campus Safety and Protection officers are trained in first aid, and cardio-pulmonary resuscitation and are certified in the use of an Automatic External Defibrillator (AED). They respond immediately to requests for medical assistance, arrange for transportation to the hospital, and coordinate other emergency services as needed. A permit is required to park on campus and can be obtained at the Parking Permit office, Nazareth room # 7 during the hours posted. A brochure detailing campus parking rules and regulations is also available in the Department of Campus Safety and Protection office as well as other campus locations. Unpaid parking violations may result in the vehicle being towed or booted (wheel immobilized). Utilization of either of these methods will be at the discretion of the Department of Campus Safety and Protection. Additionally, fines may be collected via 18 administrative procedures whereby a student will be denied commencement ceremony guest tickets, as well as diplomas, and transcripts. ―Blue Light‖ emergency telephones, that enable students to be in instant communication with the Department of Campus Safety and Protection, have been installed in several parking lots and on campus. To contact the Department of Campus Safety and Protection, activate RED emergency button or use the conventional key pad and dial 5555. The Department of Campus Safety and Protection, in compliance with the Commonwealth of Pennsylvania Act 73, College and University Security Information Act and the Federal Student Right To Know and Campus Security Act, as amended through the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and Fire Safety Right to Know Report, publishes and distributes information required in accordance with the aforementioned acts. Furthermore, in accordance with Pennsylvania and federal legislation, daily crime logs, containing a chronological report of all valid complaints and reports of crime, are maintained by the Department of Campus Safety and Protection. These logs are available for review by the public during regular hours or at other specified times. The Department of Campus Safety and Protection maintains a written fire log that records, by the date that a fire was reported, any fire that occurred in an on-campus student housing facility. This log includes the nature, date, time and general location of each fire. A lost and found service is also administered by the Safety and Protection Department, located in Room #2, terrace level of Lourdes hall. CANCELLATION OF CLASSES If classes are cancelled due to weather conditions, the announcement will be made on KYW News Radio, 1060 Philadelphia and KYW Television, channel 3. Snow code numbers for KYW are: 871 (Undergraduate Day), 868 (Graduate), and 2871 (Undergraduate Evening). Weather related closings are noted on the campus switchboard 610-647-4400. Dial #6 for weather related information. The information is also posted on the Immaculata University web site and MyIU. The University may use a delayed opening schedule. The schedule is posted throughout the campus buildings and on the Immaculata University web page at www.immaculata.edu/AboutImmaculata Emergency notifications are communicated through e2Campus. Individuals may go to MyIU for details about ―e2Campus‖ which enables Immaculata to send important campus information to students, faculty, and staff via text message, email or both. Unless such an announcement is broadcast, classes will be held at the regularly scheduled time. 19 CATERING The food service department can provide students, residence hall groups, and organizations quality catering service (carry-out or delivery) at reasonable prices. Students may obtain assistance with food services at telephone extension 3041. COMMUTER LIFE The Office of the Dean of Students develops and implements programmatic initiatives centered on the needs of our commuter and off-campus students. As a resource and advocate for students, the Office strives to build a strong connection between commuter and off-campus students and the University. The undergraduate commuter student experience is coordinated by the Assistant Dean of Students. Students can be involved in shaping their experience through participation in community building initiatives, Commuter Council, and other activities and events as well as leadership opportunities. Any questions, concerns or ideas regarding the commuter student experience can be directed to the Assistant Dean of Students x3130. COUNSELING SERVICES Counseling Services is committed to student success by providing services which promote intellectual, emotional, social and spiritual development in a safe, supportive and confidential environment. Counseling Services recognizes that emotional health is an essential element in achieving one‘s goals in college and beyond. Counseling Services offers all IU students short term individual counseling with licensed professionals as well as limited on campus consultative psychiatric services. Groups are available on an as needed basis. Through the Early Intervention Program, consultation is available for faculty, staff, students and family members who are concerned about a student. Suicide Prevention Training (QPR) and other workshops are available on request. Counseling Services sponsors a Relaxation Room equipped with a massage chair, biofeedback equipment, aromatherapy, a meditation cushion and mat, a Day-Light module for light therapy and a variety of CDs, books and DVDs. Counseling Services advises I2U Peer Educators and welcomes all CUS students who seek to assist in the empowerment and education of all students to make informed decisions on a range of health related topics as well as academic majors and careers. Counseling Services is located in the Bruder Center and offers day and evening appointments. Students are encouraged to call to set up an appointment x 3478. Walk-in appointments are 20 available. After hours coverage is provided in collaboration with the Department of Campus Safety and Protection and Residence Life and Housing staff. DINING SERVICES Dining with friends is an integral part of your college experience. Whether it‘s a quick bite on the go or a casual sit-down with your friends, your meal plan makes it easy to refuel and reconnect. Our Residential Dining Room is located in Nazareth Hall where you can relax and enjoy an all you care to eat meal with your friends. Also, part of your meal plan is an option of meal exchange, which allows you to use a meal swipe good for a credit at the Open Door. The credit can be used from 11:30 am to 3 pm Monday through Thursday. The Open Door will feature many local favorites cooked to order in our Food Court located on the Ground Floor of Alumnae Hall. Java City located in Loyola Hall provides gourmet coffee drinks as well as Grab and Go items. Operating hours for all of our locations will be posted and are available on MyIU. Whether it is a quick cup of Java City coffee in Loyola, a local favorite cooked to order at the Open Door, or an all-you-care to eat meal in Nazareth Hall, your meal plan will allow you to experience restaurant-style dining so you can concentrate on school and leave the preparation to us. FACILITIES & HOUSEKEEPING The work order system for maintenance and cleaning of facilities can be accessed through MyIU. All work orders are handled by the Physical Plant and Environmental Services departments. The Service Response Center is staffed Monday through Friday from 8:00 a.m. to 4:30 p.m. For emergency requests during holidays, weekends, and after hours please contact the Department of Campus Safety and Protection at x5555. Emergency requests are considered flooding, no heat etc. To submit a work request on the My IU; click onto the Student tab and in the Student Forms Channel and click onto Service Request. Please follow the instructions on the screen to submit a work request. FINANCIAL AID The Office of Financial Aid processes all federal, state, local and campus-based financial aid. 21 Student aid can consist of Immaculata scholarships, Immaculata grants, federal and state grants, grants or scholarships from other sources, Direct Federal Student Stafford Loans, Direct Federal Parent and Graduate PLUS Loans, Federal Perkins Loans, Private Educational Loans, Federal Work-Study, and Immaculata Student Employment. Information regarding available scholarships and grants, federal loan programs, the work-study programs, as well as The Office of Financial Aid policy and procedures and student eligibility guidelines are available in the Immaculata University Undergraduate and Graduate Catalogs and online at the Office of Financial Aid homepage at www.immaculata.edu/finaid. The Office of Financial Aid is located in suite 200, Lourdes Hall. Office hours are 9:00 a.m. until 4:30 p.m., Monday through Friday. Scheduled visits are appreciated; however, walk-ins are welcome. Contact via phone at: 610-647-4400 ext. 3028. The mailing address is P.O. Box 647, 1145 King Road, Immaculata, PA 19345. Contact via email at: [email protected]. The Financial Aid office fax number is 484-395-0068. HEALTH SERVICES Immaculata University's Student Health Services Center provides confidential quality health care at the onset of illness or injury, as well as the prevention of and protection from disease. Staff members strive to promote healthy behaviors and lifestyle choices through ongoing educational programming. The Student Health Services Center supports students in the pursuit of their academic goals and personal development. Immaculata University Student Health Services charges a fee for all physician appointments. A charge will also be assessed for PPD/TB testing for any student outside of the Nutrition, Nursing, and Education majors. These fees will be applied directly to your student account and can be paid in the Business Office. All students who reside in University housing must complete physical, immunization and health record forms upon enrollment in Immaculata University for their protection and that of others on campus. Under certain circumstances this information may need to be updated. The meningitis vaccine, or a signed waiver of the vaccine, is required by the State of Pennsylvania for all students who reside in University Housing. All students who reside in University Housing must be covered by health insurance. Students will be automatically enrolled in and billed for the University plan at the beginning of each academic year. In order to avoid compulsory enrollment under the University plan, students covered by their parent‘s/responsible party‘s insurance must complete an online Insurance Waiver Form indicating this coverage. Letters will be sent to all students at their home addresses detailing the waiver/enrollment process. 22 HOUSING – OFF CAMPUS Students can obtain assistance with the process of exploring off-campus housing, working with landlords, and other factors from the staff in the Dean of Students Office. In addition, a listing of off-campus rental properties is available for student viewing in Student Development and Engagement. The properties listed are done so at the request of the landlords to assist students in locating possible off-campus housing opportunities. Immaculata University makes no representation whatsoever regarding the housing or the landlords in this listing. Students are responsible to inspect the property and negotiate lease terms with any landlord. Immaculata University has not inspected or investigated the listings or landlords in any way and is not endorsing any specific properties or landlords. Immaculata University disclaims any responsibility, among other things, for the condition of the housing, premises, terms of any leases, treatment by any landlord, or compliance with any applicable local zoning ordinances. For information regarding off campus housing, please contact the Dean of Students Office at 610-647-4400 x3130. HOUSING - UNIVERSITY University Housing is defined as the residential communities that are operated by Immaculata University. The following residential facilities are available for student housing: DeChantal Hall - single, double, and quad room options with a common bathroom Lourdes Hall – single and double semi-suite room options Marian Hall – single, double and triple room options with a common bathroom Villa Maria Hall - single, double and triple room options with a common bathroom Apartments - two bedroom apartments located off-site Please note that room options may vary each year and there is no guarantee that a student preference for room option will be honored. For information about University Housing please contact Residence Life and Housing at [email protected] or 610-647-4400 x3130. INTERNATIONAL STUDENT SERVICES The range of services for international students includes assistance in cross-cultural adjustment, interpretation of the American post-secondary system, short term counseling and referral, introduction to community hospitality, assistance with and documentation needed by nonimmigrants to maintain status. Please refer to the Immaculata University website for more complete information. The Office of International Student Services is located in Lourdes Hall, Suite 200. 23 LIBRARY The three-level Gabriele Library provides resources, instruction, and services to meet the needs of students and faculty. The Circulation/Reserve and Reference/Interlibrary Loan desks are located on the First Floor, along with the reference and periodical collections. These materials must be used in the library. On-line journal databases and the library catalog may be accessed from the library or off-site. The Ground Floor houses the circulating book collection (000-799), music collection, Computer Lab, a media classroom, and group study rooms. The Second Floor has circulating books (800-999), juvenile books, audiovisual collection, the Immaculata Heritage Room and group study rooms. A student‘s ID card is his or her library card and must be used to check out materials and the library‘s portable computers. Students are responsible for materials charged on their cards; lost materials must be paid for and fines are levied on overdue materials. Normal Library Hours: Monday - Thursday: 8:30 a.m. - 11:00 p m. Friday: 8:30 a.m. - 5:00 p.m. Saturday: 10:00 a.m. - 5:00 p.m. Sunday: 12:00 p.m. - 11:00 p.m. Changes in hours for holidays and vacations are posted on the University‘s MyIU portal, in the library, and on the Gabriele Library web page. LOST AND FOUND Misplaced/lost articles may be turned into the Safety and Protection Department from a variety of sources. The Department maintains a list of items that have been found and items that have been misplaced. This service is available to faculty, staff, students and visitors. Monies (cash, coins and coin collections), cash deposits for beer kegs, new toys, new video games, new CD's and new DVD's, jewelry (costume and valuable), antiques, collectible, and musical instruments with a known owner, which have not been claimed, will be retained for a period of five (5) years. If the owner of such items is unknown, they will be retained for a period of one (1) year. These items will be returned to the Pennsylvania Treasury Department in compliance with the Disposition of Abandoned and Unclaimed property Act (DAUPA). Other tangible property, and all property which the Treasury Department refuses will be considered to be abandoned will be disposed of at the discretion of the Director of Campus Safety and Protection after 6 months. In addition, other articles which have been found, and not claimed by the rightful owner after 90 days, may be returned to the individual who found the item or may be donated to charity. Finally, items other than those identified above which are left in student rooms after the student has left the premises will be donated to charity. 24 MISSION AND MINISTRY. The Office of Mission and Ministry seeks both to sustain the Catholic heritage of the University as supported by the IHM charism and to cultivate an ecumenical and interreligious spirit in which the varied gifts of Immaculata‘s religiously diverse community can be nurtured and celebrated. The Office of the Executive Director of Mission and Ministry is located in Villa Maria Hall. Campus Ministry at Immaculata University seeks to stimulate growth in faith, formation of Christian conscience, leadership and personal development, formation of human community, and an understanding of issues of peace and justice. Through participation in Campus Ministry activities, students are invited to explore their relationship to God, to each other, and to the global community. Activities include opportunities for prayer and worship, including Sunday and weekday liturgies, opportunities for reflection and discussion through retreats and other programs, and opportunities for a variety of service projects that meet human needs. Campus Ministry is located in the DeChantal Building. OFFICE OF CAREER DEVELOPMENT The Office of Career Development is committed to the mission and values of Immaculata University. The Office of Career Development encourages and supports all students and alumni as they proactively engage in the career development process and chart their path toward lifelong career achievement. Career Development provides vocational guidance, education, and personal support. To carry out this Mission, the office provides: • • • resources on self-awareness, career exploration, career decision-making, and implementation of a career plan. assistance in developing the personal skills necessary to explore career-related goals and career satisfaction. information on employers to provide job, internship, externship, volunteering, and networking opportunities. Services are available to all students (CUS, CLL, and CGS), staff, and alumni of the Immaculata community. Services include: career counseling, vocational testing, mock interviews, resume preparation, interviewing skills, a collection (both in-office and on-line) of current full and part time jobs and internship opportunities, assistance in creating a personal career portfolio, and an updated career resource library to aid in the career exploration process. The Office of Career Development also provides online video-casts and automated tutorials relating to career-related topics and issues. Career-oriented workshops and programs are a valuable part of a career education. Some topics include: Résumé Writing, Interviewing Techniques, Job Search Strategies and Networking, and Tips on Searching for an Internship. Immaculata University participates in various job fairs 25 including the Intercollegiate Career Fair and the Delaware Valley Education Consortium Teachers Job Fair. The Office of Career Development is located in the Bruder Center. Students are encouraged to set up an appointment by calling extension 3501, e-mailing [email protected], or stopping by in person. ONE CARD UNIVERSITY ID It is expected that all students, faculty, and staff obtain an identification card at the One Card office, located in Nazareth Hall room # 7, next to the post office. The card should be prominently displayed while on campus. If the card is not visible, then the ID card must be presented upon request of a University official. This photo ID card provides access to a variety of University services. A brochure of listed services is available at the One Card office and can be viewed on the One Card link under Campus Life on the IU website and on the MyIU portal under the Campus Life tab. Failure to provide a valid id card may result in denial of admission to campus buildings and/or services. Students appearing for an identification card must have a current student schedule, including their student ID number, and a second form of identification. New students may obtain an ID at no charge. Lost, damaged or replacement ID cards can be obtained for a fee. An ID card is not transferable and may be used only by the student to whom it was issued. Misuse of the ID card is grounds for disciplinary action by the University. Hours of operation are posted on the MyIU portal and at the One Card office. ORIENTATION The purpose of New Student Orientation in the College of Undergraduate Studies at Immaculata University is to empower students with a sense of heritage, leadership, service, confidence, scholarship, and loyalty. Our comprehensive and collaborative orientation provides students with the opportunity to expand intellectually and socially in a nurturing environment. Students can expect the following outcomes from active participation in the New Student Orientation: 1. To gain a sense of familiarity and comfort with the University through interaction with fellow classmates, faculty, staff and administration. 2. To learn about the expectations of the University regarding academic responsibility, heritage, honesty, citizenship, community service, and leadership. 3. To be exposed to all facets of campus life including academics, campus services, social and extra-curricular activities and to begin to find their place in the Immaculata University community. 4. To be given the opportunity to meet advisors and register for fall classes. Family members are invited to the summer orientation days. They will gain an understanding of the adjustments students face in their transition to college. 26 POST OFFICE The Post Office is on the terrace floor of Villa Maria Hall. We encourage all resident students to rent Post Office Boxes, because that is the only way they can receive U.S. Mail. It is United States Postal Service policy that any U.S. Mail received for a student who does not have a P.O. Box will be returned to the sender. In addition, students who have rented a Post Office Box should hold on to the key until the box is closed permanently. Post Office hours of operation are as follows: Monday – Friday Saturday: 8:30 a.m. – 12:30 p.m. 1:00 p.m. – 3:30 p.m. 8:00 a.m. – 10:00 a.m. RESIDENCE LIFE AND HOUSING Residence Life and Housing is dedicated to developing a comprehensive program centered on students‘ residential needs. The department focuses on community development and civility, growth of individual students, and promotion of academic success through collaboration with members of the campus and local community. To foster these goals, staff: provides co-curricular learning opportunities to form connections between student experiences in the classroom and their lives in the community supports students in transition and in times of crisis while positively affirming their role in the community ensures student responsibility and accountability to the community through upholding the Student Code of Conduct fosters a safe, secure, well-maintained, and comfortable residence community Core Competencies Developing students on all levels – intellectually, emotionally, spiritually, culturally, socially, and physically – within a community committed to the mission of the University Facilitating a coordinated undergraduate student experience outside of the classroom, with services focused on the specific needs of resident students Developing the community to include and integrate students in all three Colleges, faculty, staff, administration, and friends of the University Educating students about community living and learning, the impact each person has on the community, and how this relates to their citizenship in the local, national, and global community The office is located in the Terrace Level of DeChantal Hall (Student Development & Engagement) and can be reached at [email protected] or 610-647-4400 x3130. 27 TRANSPORTATION The University recognizes the transportation difficulties associated with the Immaculata area. Students should create car pools and use their ingenuity to arrange transportation with one another. The University is serviced by the Septa route 133 bus which travels north to King of Prussia. The bus route also includes a stop at the Exton Mall. Furthermore, the bus stops at the Paoli train station where connections can be made for points east and west. An airport limousine can be boarded at the Sheraton Hotel-Great Valley, located on Rte. 30 in Frazer. There are two taxicab companies providing taxi service to the Immaculata community. Specific information on this service can be obtained at the Department of Campus Safety and Protection office. The University van is used for activities and University sponsored functions. Van reservations are made Monday thru Friday in the Department of Campus Safety and Protection office, located in the terrace level of Lourdes. Individuals must complete a driver education program before being allowed to operate the Immaculata University van. VEHICLE REGISTRATION AND PARKING Students taking three (3) credits or more on campus must obtain an Immaculata University parking permit. Presently the parking permit fee is $25 for an academic year. Students must register their vehicles at the Parking Permit office, terrace level of Nazareth, room # 7. Students must display a vehicle registration card to obtain a permit. All vehicles must display a valid parking permit while on campus. The operation and parking of a vehicle on campus is a privilege granted by the University administration and may be revoked at any time for failure to comply with the motor vehicle policy. Operation of a personal vehicle is not a requirement of any University program. Persons bring and operate their vehicle at their own risk. University procedures allocate parking spaces fairly to all students, faculty and the staff. The University assumes no liability for theft, vandalism, fire, towing, natural disasters, or other damage to vehicles parked on University property. The Department of Campus Safety and Protection enforces parking and traffic regulations as set forth in the parking guidelines. Citations will be issued for violations and fines will be assessed. Fines will be collected via administrative procedures and may include the use of wheel immobilizer (booting) and/or towing of vehicles, at the discretion of the Department of Campus Safety and Protection. Students attending classes at an off-site location must follow parking regulations, as posted or announced by the host institution or facility. A vehicle parked on University property for a protracted period of time, with or without a valid registration being displayed, will be deemed to have been abandoned and will be towed at the owner/permit holder‘s expense. 28 VENDING MACHINES Vending machines are located in Good Counsel Terrace, Villa Maria Rotunda Terrace, DeChantal Lobby and Loyola Hall, outside of Java City. The Loyola Hall vending machines do not have card readers attached. 29 STUDENT LEADERSHIP, INVOLVEMENT & ACTIVITIES Leadership at Immaculata University Student Activities and Leadership The Office of Student Activities and Leadership encourages and promotes social and developmental opportunities to enhance the student‘s co-curricular experience. The office supports a holistic experience through the development of critical thinking, inter-personal relationships, leadership skills, and advocacy for one‘s self and others. To foster these goals, staff provides co-curricular learning opportunities to form connections between student experiences in the classroom and their lives in the community involves students in the design, implementation and participation in activities, events, and the heritage of the University supports students in transition and in times of crisis while positively affirming their role in the community Core Competencies Developing students on all levels – intellectually, emotionally, spiritually, culturally, socially, and physically – within a learning community committed to the mission of the University Facilitating a coordinated undergraduate student experience outside of the classroom, with services focused on the specific needs of commuter and resident students Developing the community to include and integrate students in all three Colleges, faculty, staff, administration, and friends of the University Implementing leadership development programs and recognition The Staff consists of the following members: Director - responsible for the development of a comprehensive student activities and involvement program focused on community development, student engagement, leadership training and recognition, activities, oversight of student organizations and the development of individual students. New Student Orientation Chair and Co-Chair(s) – paraprofessionals who organize and implement the New Student Orientation program under the supervision of the Director, to welcome and educate new first year students to the Immaculata community Program Assistant(s) - paraprofessional staff member who assists the Director of Student Activities and Leadership in the development of programming for the community and individual students by creating, researching, implementing and evaluating current and future projects and programs for the department, along with 30 providing after-hours and weekend coverage for Student Activities and Leadership programs. The office is located in the Terrace Level of DeChantal Hall and can be reached at [email protected] or 610-647-4400 x3114. Immaculata University is committed to developing effective student leaders who are able to integrate their ideals with their actions. Through structured experiences, student leaders are guided in developing individual strengths and the skills to assume meaningful roles in a global society. Leadership at Immaculata University involves students in leadership activities, provides leadership training and recognizes those who have served as leaders. Leadership Activities Participation in campus organizations and service-oriented events is an important part of leadership learning. The University encourages student involvement through: New Student Orientation Student Government Clubs and Organizations Service Projects and Activities Membership on University Committees Mac Mentors Leadership Training Training for SAIU Officers, Mac Mentors and other student leaders occurs prior to the fall semester and aims to maximize each student‘s leadership skills. Leadership training encompasses various leadership styles and encourages students to develop and grow along side one another. Student Leaders also participate in Leadership Refresher training in January. Emerging Leaders Program The purpose of the Emerging Leaders Program (ELP) is to engage first year and transfer students in leadership development. The ELP is open to all first year and transfer students who have served as leaders prior to coming to IU or who have the desire to become active leaders while at IU. The ELP will provide leadership development foundations through seminars and workshops and various trainings. Leadership Recognition Immaculata values the efforts of its student leaders and holds special events to honor them. Each year student leaders are honored at the Student Recognition Awards Ceremony at the 31 end of the spring semester. Awards include: Club/Organization Advisor of the Year Rising Student Leader of the Year Community Service Initiative of the Year Engaged Student Leader of the Year Club/Organization of the Year Commuter/Residence Life Staff Member of the Year Mission and Vision Awards Monsignor Harnett Medal Senior Leadership Award(s) Legacy of 1920 – Immaculata Student Leadership Award Co-Curricular Transcript The University encourages all students to get involved in extracurricular activities and paraprofessional experiences with the goal of enhancing the personal and professional development of each individual student. The Co-Curricular Transcript is a record of a student‘s outside the classroom learning experiences and activities while attending Immaculata University. This record will be maintained by the staff in Student Activities and Leadership and will function in a similar manner to an academic transcript. The University believes that upon graduation the Co-Curricular Transcript will give Immaculata students a competitive edge and will set them apart from others when applying for graduate school, seeking employment, and/or volunteering to a service program. STUDENT FUNCTIONS AND ACTIVITIES All student events must be approved through the Office of Student Activities and Leadership. To schedule approved events, students must consult with the Director of Events Reservations who will verify availability of the time, date, and place for the event. This process should be completed at least two weeks prior to the event. STUDENT PARTICIPATION IN INSTITUTIONAL GOVERNMENT As constituents of the academic community, Immaculata students are free, individually and collectively, to responsibly express their views on issues of institutional policy and on matters of general interest to the student body through appropriate channels of communication. STUDENT CLUBS AND ORGANIZATIONS To ensure the educational integrity of co-curricular activities on campus, the Office of Student Activities and Leadership has developed guidelines for the accreditation of student clubs and registration of student organizations. 32 Definition of a Club A club is formed by a group of interested students who have a desire to work cooperatively to achieve a determined purpose. A club is not affiliated or sponsored by a University administrative or academic department. Clubs are intended as a student-directed opportunity for an outside-the-classroom learning experience. The day-to-day functions and activities of a club are carried out by its student members. All clubs must be recognized by the University through the Student Activities and Leadership Accreditation Process; clubs must have a constitution and a designated administrative or faculty advisor as chosen by the club. Clubs must be accredited on an annual basis and must follow all Student Activities and Leadership office and University procedures and policies to maintain club privileges. All clubs must be supportive of the University mission. Definition of an Organization An organization is sponsored or created by an administrative or academic department to benefit the student learning experience. The organization is advised by the department and the advisement role may be included in a departmental job description. Many national organization affiliations are recognized as University organizations. An organization does not need to complete the Student Activities and Leadership Accreditation Process, but must submit an annual registration form to Student Activities and Leadership. Organizations are not required to have constitutions, but if the organization is affiliated with a national organization a copy of any affiliation letters or agreements must be submitted with the registration process. Organizations must follow all University procedures and policies to maintain organization status. All organizations must be supportive of the University mission. Accreditation Process for Clubs The method of obtaining official institutional authorization for the development of a Student club is the accreditation process. Accreditation does not imply that the University endorses the views of the club as a group. Rather, it implies that the institution accepts the club‘s mission as educationally valid, and that the organization has complied with institutional registration procedures. Requirements for Accreditation Applications for club accreditation can be obtained at the Office of Student Activities and Leadership. Each club applying for accreditation as an Immaculata University student club must submit completed application forms, membership list, advisor agreement, and a constitution to the Office of Student Activities and Leadership. Constitutions should contain: a statement of purpose that is consistent and compatible with the mission and goals of Immaculata University and its Catholic ideals; criteria for membership in the club; 33 a description of the relationship between the club and any off campus, national, international organization, if any; a list of all officer positions, committee chairs, committees and their responsibilities; a description of how the club advisor shall be selected and the responsibilities that person will have to the club; the procedures and annual schedule for election/appointments of officers; the procedures for amending the club‘s constitution; the voting requirements and quorum to conduct business; an agreement to abide by all institutional policies in the functioning of the club. Once a club is accredited, it is the responsibility of that club to forward copies of any constitutional revisions to the Office of Student Activities and Leadership as they are made throughout the year. Clubs must keep all documentation up to date in order to receive funding. Registration Process for Organizations Applications for organization registration can be obtained at the Office of Student Activities and Leadership. Each organization applying for recognition as an Immaculata University student organization must submit completed application forms, membership list, advisor agreement, and copies of any national organization letters or agreements. The registration application will contain: a statement of purpose that is consistent and compatible with the mission and goals of Immaculata University and its Catholic ideals; criteria for membership in the organization; a description of the relationship between the organization and any off campus, national, international organization, if any; a description of how the organization advisor shall be appointed and the responsibilities that person will have to the organization; an agreement to abide by all institutional policies in the functioning of the organization. Once an organization is registered, it is the responsibility of the sponsoring department to forward copies of any registration revisions to the Office of Student Activities and Leadership as they are made throughout the year. Organization must keep all documentation up to date in order to receive funding. Student Membership in Clubs and Organizations Immaculata University is committed to the principle of equal educational opportunity without unlawful discrimination because of a person’s race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law or University policy in the administration of any of its educational programs or activities, including admission, or with respect to employment. Revised 8/24/2011 34 All students seeking involvement in a student club or organization must have and maintain a GPA of 2.0 or higher. Student clubs and organizations may stipulate higher GPA requirements for membership in their constitutions or registration process. Advisor Responsibilities for Clubs and Organizations Advisors must be a faculty or administrative staff member who is employed by Immaculata University. Student leaders must seek the advice and support of their advisor before making any final decisions on business. The Office of Student Activities and Leadership expect that advisors will: attend and monitor all student club or organization activities including off campus activities; attend student club or organization meetings; actively participate in club or organization policy and program planning; advise the club or organization‘s officers and members on matters of leadership development, best organizational practices, and University policies; monitor the GPA‘s of all members; co-sign all expenditures with the student organization treasurer and ensure the appropriate use of funds in accordance with University policies and the mission of the institution; the student club or organization budget is monitored by the advisor of the student organization and the Office of Student Activities and Leadership. ensure that the club or organization annually renews its accreditation or registration. Approval of Clubs or Organizations The Director of Student Activities and Leadership will facilitate the review of the application materials to become a student club or organization and will communicate the approval or denial of the application. Appeals Groups whose application for registration is denied may appeal to the Dean of Students, whose decision will be final. Privileges of Accredited Clubs or Registered Organizations Accredited student clubs or organizations are permitted to: use the Immaculata University name; there are some exceptions for political organizations; reserve University facilities to hold events, activities, fundraisers, meetings, and programs; solicit membership; participate in the Student Involvement Fair; be listed as a student club or organization in all appropriate institutional publications; reserve Immaculata University vehicles; Revised 8/24/2011 35 reserve Immaculata University computer and audio visual equipment; use services, equipment, and materials from the Office of Student Activities and Leadership or other departments on campus; request funds from Student Association of Immaculata University or ask for cosponsorships from any departmental office or off-campus business or vendor (College of Undergraduate Studies Students only); access funds through an exchange account (College of Undergraduate Studies Students only). Responsibilities of Accredited Clubs or Registered Organizations Accredited student clubs or organizations are obligated to: abide by the club‘s constitutions and by-laws or an organization‘s registration or affiliation agreements; abide by all University standards and procedures governing individual student and group conduct as published in the Student Handbook and other official University publications; inform the Director of Student Activities and Leadership of any student club or organization activities that are in violation of the club‘s constitution and by-laws or University policy; annually renew its accreditation or registration. This renewal will take place with the submission of all required information by published deadlines. Clubs or organizations that do not renew accreditation or registration in this manner will be placed on ―inactive‖ status and be unable to receive funding. Rights of the University The University reserves the right to deny or cancel official accreditation or registration when, in its judgment, a student club‘s or organization‘s stated or actual purpose, goals and/or activities are in opposition to the mission and core values of the University, including, but not limited to: clubs or organizations with discriminatory membership practices; groups that do not disclose their purpose, memberships or activities; commercial groups whose purpose and activities are designed as profit-making endeavors for the benefit of their members; groups that foster hatred or intolerance of others because of their race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law. The University further reserves the right to: regulate time, place and manner of all on-campus student activities; prohibit any activity that is deemed to create a clear and present danger to persons or property, or that is contrary to the institution‘s mission, values and Catholic character; prohibit the existence of off-campus bank accounts by all student clubs and organizations and athletic clubs, including the Student Association of Immaculata University; Revised 8/24/2011 36 impose disciplinary sanctions on student clubs or organizations in accordance with established community standards. Revocation of Accreditation or Registration Any student organization that has been granted institutional accreditation or registration and that violates its own statement of purpose and/or constitution, or fails to comply with University procedures or policies and/or Student Activities and Leadership office policies or procedures is subject to revocation of accreditation or recognition. Complaints may be filed by or with the Director of Student Activities and Leadership, who will review the case against the student group and decide for or against revocation of accreditation or registration. Groups whose application for accreditation or registration is denied may appeal to the Dean of Students, whose decision will be final. If an individual student(s) violates the Student Code of Conduct, the Director of Student Activities and Leadership will submit an Incident Report to the Dean of Students for processing as outlined under Student Disciplinary Procedures – NonAcademic. STUDENT PUBLICATIONS Student publications enjoy the freedom of the press accorded to the written media in this country. Students are encouraged to develop editorial policies and policies for news coverage. At the same time, the student press is encouraged to be responsible, balanced, and accurate in reporting, avoiding unfounded allegations, libel, attacks on personal integrity, indecency, harassment and innuendo. It should also recognize the limits of good taste as a member of the local community. Revised 8/24/2011 37 Student Association of Immaculata University Constitution of the Student Association of the College of Undergraduate Studies of Immaculata University We, the students of the College of Undergraduate Studies of Immaculata University, in order to develop the highest ideals of Christian life, distinguished for character, honor, and integrity in our personal conduct, as well as to foster a spirit of involvement and cooperation in the university community, do ordain and establish the Constitution of the Student Association of the College of Undergraduate Studies of Immaculata University. Article I. Name and Seal The name of this organization shall be Student Association of Immaculata University. The seal that will represent the organization is shown above. Article II. Purpose The purpose of the association shall be to provide an opportunity for every student of the College of Undergraduate Studies of Immaculata University to develop his or her individual character, personality, and capacity for leadership to the highest possible degree through the exercise of personal and group initiative, resourcefulness, and responsibility in the conduct of student affairs. Article III. Membership All full-time students enrolled in the College of Undergraduate Studies shall hold membership in the S.A.I.U. Article IV. Powers The power of the association shall be derived from the statement of Delegation of Authority between Immaculata University and the Student Association, which grants to the association a voice in matters of student life and activity in the form contained in the handbook. Article V. Executive The executive power of the association shall be vested in the Student Council which is authorized to carry out the provisions and necessary implications of this constitution and its bylaws, and to define policies necessary to attain this end. Revised 8/24/2011 38 By-Laws of the Student Association of the College of Undergraduate Studies of Immaculata University Article I. The Student Council Section 1. The Student Council is composed of: a. Executive Officers: president, vice-president, secretary, and treasurer. Class Officers: president, vice president, secretary, treasurer, S.A.I.U. representative, and commuter representative. As well as the Programming Board chair, Programming Board vice-chair, Communications Council chair, Communications Council vice-chair, Residence Council chair, Residence Council vice-chair, Commuter Council chair, Commuter Council vice-chair, and an S.A.I.U. Greek Council Representative. b. Voting members include thirty-five (35) Student Council members as previously mentioned in Article 1 section a. at the exclusion of the Executive President. If certain positions are not filled or those members are not present at the time of voting, their vote will not be considered part of the total number of the thirty-five (35) potential votes, therefore; allowing a two-thirds (2/3) majority to be met while positions are not filled and members are not present. Section 2. It is the duty of the Student Council: a. To act as the official representative of the Student Association, to articulate its views, and to maintain mutual understanding between the Student Association and the Student Life and Development Committee. b. To advocate on behalf of the Student Association. c. To coordinate co-curricular activities and to serve as liaison between various campus organizations by fostering mutual cooperation and understanding. Article II. Duties of Officers Section 1. The duties of the president include but are not limited to: a. To represent the Student Association in all social and business affairs within its jurisdiction. b. To preside at meetings of the Student Council. c. To appoint Student Council committees with the approval of individual representatives. d. To assist the president of the University in the appointment of students to standing and ad hoc committees. e. To serve as an ex officio member of the Student Life and Development Committee. f. To assign members of the Student Council, according to class or position, specific tasks pertaining to the issues brought up at Student Council meetings. (i.e. Research the subject matter, compose a proposal, and present it to the appropriate members of the administration.) g. To follow up and assist each class with their assigned task if needed. h. To assist the Dean of Students in the appointment of 2-4 student members to the University Conduct Board in addition to the constitutional roles of class officers (president and vice president of Senior and Junior classes.) Section 2. The duties of the vice-president include but are not limited to: a. To assist the president in all matters concerning the association. b. To preside at meetings of the council in the absence of the president. c. To attend all meetings regarding the S.A.I.U. with the president of the association. Revised 8/24/2011 39 d. To serve as an ex officio member of the Student Life and Development Committee. Section 3. The duties of the secretary include but are not limited to: a. To record the minutes of the meetings of the association and of the council and distribute these minutes within the following week. b. To keep an up to date list of Student Council membership. c. To publicize the happenings of Student Council meetings as well as any decisions made by the Student Council. d. To keep an organized list of all student run clubs and organizations and update all necessary documentation. e. To keep attendance at Student Council meetings and hold clubs and organizations accountable for absences. Section 4. The duties of the treasurer include but are not limited to: a. To handle all moneys of the association. b. To keep an exact record of all receipts and expenditures. c. To present a financial report to the association at each formal meeting. d. To file a copy of all financial reports with the Office of Student Activities and Leadership. e. To act as chair of the Ways and Means Committee. f. To serve as a member of the College Planning/Budget Committee. Article III. Duties of Members Section 1. It is the duty of each member of the association: a. To act in accordance with the purposes and principles of the Student Association of the College of Undergraduate Studies of Immaculata University. b. To uphold the principle that the welfare of the group takes precedence over that of the individual. c. To elect capable officers of the association and representatives of various component organization and to respect and support their decisions. Article IV. Meetings The Student Council meets openly bi-monthly on a date specified by the executive officers of S.A.I.U. Members of the Student Association must attend all Student Council meetings. One representative from each club and organization must also attend. It is at these meetings that the President of S.A.I.U. will assign class officers with their duties concerning issues brought up by the Student Association. At each meeting there will be time allotted for members of the student body to present their concerns and issues to the Student Council. There will also be a time allotted for members of clubs and organizations to speak about upcoming events. Special meetings, closed to the student body, may be called by the president of the Student Council. Article V. Standing Committees To facilitate the work of the Student Council, the following standing committees exist. Section 1. The Election Committee The Election Committee consists of a chair, who is the president of the senior class, and the senior members of the Student Council. It is the duty of the Election Committee: Revised 8/24/2011 40 a. To schedule general elections. b. To post the date of primary and general elections at least two week in advance of the scheduled time of elections. c. To tabulate and publish the results of the primary and general elections. d. To submit the results of the primary elections for approval. e. To cope with complications if any arise during the course of elections. f. To follow the recommended procedure for Student Council and class elections found in these bylaws. Members elected to the Student Council may be either resident or commuter. Section 2. The Programming Board The Programming Board consists of one chair and one vice-chair elected by the Student Association and a committee consisting of student volunteers from any class constructed by the chair after the elections. The board plans, directs, and manages all activities and events sponsored by the S.A.I.U. All funds of the Programming Board are controlled by the treasurer of the Student Association in conjunction with a financial manager, a member of the Programming Board committee. All proceeds from any activity sponsored by the Programming Board are given to the treasurer of the S.A.I.U. Through elections, the nominee with the most votes becomes the chair and the nominee with the second highest amount of votes attains the position as vice-chair. Section 3. The Communications Council The Communications Council consists of one chair and one vice-chair elected by the Student Association and a council consisting of student volunteers from any class constructed by the chair after the elections. The duties of the council are to organize and publicize the activities calendar for all student-led events. Through elections, the nominee with the most votes becomes the chair and the nominee with the second highest amount of votes attains the position as vice-chair, who will head the Student Assessment Committee. Section 4. The Residence Council The Residence Council consists of one chair and one vice-chair elected by the Student Association and a committee composed of two representatives from each residence hall, constructed by the chair after the elections. The Residence Council responds to the needs of the resident students. Through elections, the nominee with the most votes becomes the chair and the nominee with the second highest amount of votes attains the position as vice-chair. Section 5. The Commuter Council The Commuter Council consists of one chair and one vice-chair elected by the Student Association and a committee consisting of student volunteers from any class constructed by the chair after the elections. The Commuter Council responds to the needs of the commuters. Through elections, the nominee with the most votes becomes the chair and the nominee with the second highest amount of votes attains the position as vice-chair. Revised 8/24/2011 41 Section 6. Ways and Means Committee The Ways and Means Committee consists of the treasurer of the Student Association, who serves as the chair, and the treasurer from each class. This committee meets at any time deemed necessary by the chair. This committee decides matters concerning the use of Student Council funds by groups not directly associated with the Council. Any University-sponsored group or activity may make a request for funds by giving this committee a written proposal outlining the amount requested and the intended use of the fund on a designated date at the beginning of each semester. Requests for fund raising activities also will be evaluated at this time. Section 7. Student Assessment Committee The Student Assessment Committee consists of the Communications Committee Vice Chair, who heads the committee, and the S.A.I.U. Representative from each class. This committee meets at any time deemed necessary by the chair. In conjunction with the Office of Institutional Research, Planning, and Assessment (IRPA), the committee would be involved in reviewing surveys, data, and making recommendations. The committee would assist in communicating information about the surveys as well as the results to the student body and the student association. 1. Purpose of the Student Assessment Committee: a. To learn about assessment in general b. To learn about and assist with IU data assessment c. To develop S.A.I.U. projects, issues, and advocacy d. To provide better student input to IRPA projects e. To assess Student Development Learning Outcomes (SDLO) 2. Goals of Student Assessment Committee: a. Collaboration with IRPA b. Collection of data for S.A.I.U. planning c. Collaboration with Student Development on SDLO Section 8. Greek Council The Greek Council of Immaculata University consists of seven (7) executive board members, which are elected by the members of Greek Life, organization representatives, a Greek Council Advisor, and an S.A.I.U. Greek Life Representative, who is elected by the student body. This council meets at any time deemed necessary by the President of Greek Council. This council deliberates on matters concerning Greek Life as an entire entity. An S.A.I.U. Greek Life Representative is to be elected by the Student Association during the S.A.I.U. elections. There will be requirements to run for this position; however, through elections, the nominee with the most votes becomes the representative of Greek Council to the Student Association of Immaculata University. Article VI. Class Government Section 1. The Class Council is composed of a. Officers: president, vice president, secretary, treasurer, S.A.I.U. representative, and commuter representative. Revised 8/24/2011 42 Section 2. It is the duty of the Class Council: a. To act as the official representative of their class, to articulate its views, and to maintain mutual understanding between the class and the S.A.I.U. b. To maintain accreditation status by fulfilling all requirements established by the executive secretary. Article VII. Duties of Class Officers Section 1. The duties of the class president include but are not limited to: a. To encourage solidarity and enthusiasm in the class. b. To preside at class meetings. c. To coordinate general class activities. d. To assign duties of class activities to committee chairs. e. To serve as an ex officio member of all class committees. f. To serve as a member of the Conduct Board in junior and senior years. g. To act as the primary advocate for the issues assigned by the executive president. Section 2. The duties of the class vice-president include but are not limited to: a. To assist the class president on all matters concerning the class. b. To preside at class meetings in the absence of the president. c. To serve as a member of the Conduct Board in junior and senior years. d. To serve as a member of the S.A.I.U. related committees for events and activities. e. To act as the secondary advocate for the issues assigned by the executive president. Section 3. The duties of the class secretary include but are not limited to: a. To keep minutes of the class meeting. b. To keep an up to date list of class members. c. To publicize agenda and minutes of class meetings. d. To handle all correspondence. e. To help the class president compile and write an annual report. f. To assist the executive secretary with his/her duties. g. To assist the president and vice president with their duties as advocates. Section 4. The duties of the class treasurer include, but are not limited to: a. To receive all money due to the class and deposit it into the class on-campus exchange account. b. To keep an exact record of all receipts and expenditures. c. To present a financial report to the class at each class meeting d. To co-sign checks with the class advisor for class functions. e. To serve as a member of the Ways and Means Committee. f. To assist the president and vice president with their duties as advocates. Section 5. The duties of the S.A.I.U. representative include but are not limited to: a. To act as a liaison between the class and the Student Council. b. To serve as a member of the Student Assessment Committee. c. To report Student Council decisions at each class meeting. d. To represent the class at Student Council meetings. Revised 8/24/2011 43 e. To serve as a member of the S.A.I.U. related committees for events and activities. f. To assist the president and vice president with their duties as advocates. Section 6. The duties of the commuter representative include but are not limited to: a. To act as the liaison between commuters and the S.A.I.U. b. To assist the Commuter Council chair in publicizing campus events. c. To encourage commuters to become more involved in school related functions. d. To assist the president and vice president with their duties as advocates. Article VIII. Resignation and Impeachment a. All members of Student Council must abide by the attendance policy given out at the first meeting in the fall semester. A break in the policy is cause for resignation or impeachment. A letter must be submitted to the secretary of the executive board for the removal from office to be completed. b. In the event an officer is neglecting and/or abusing his or her duties, a letter (detailed letter of supporting evidence) of notification must be submitted by another Student Council member to the president of S.A.I.U. In the event of a presidential impeachment, the letter must be submitted to the vice-president of S.A.I.U. A notification will be sent to the alleged officer to attend a hearing within one week. The hearing would consist of all voting members, at a time designated by the Student Council. The impeachment would occur if a two-thirds vote is reached. Article IX. Office Vacancies a. If the president of the executive board resigns or is dismissed the executive vice president shall assume the position of executive president. b. In the case of the vacancy of any other executive office, the president of the S.A.I.U. shall nominate a member of the student body for Student Council approval. c. In the case of the vacancy of a committee chair or a class officer, the standing committee members or officers of the vacancy shall submit their recommendation(s) to the executive board. After submission, the executive officers will review and appoint an officer into the position. Article X. Amendments Amendments to these by-laws are to be proposed to the Student Council by a member of the Student Council acting as a liaison between Student Council and the S.A.I.U. A two-thirds majority vote of Student Council is necessary for approval. The proposed amendment after approval shall be adopted. Revised 3/28/10 STUDENT MEMBERSHIP ON COMMITTEES Students are encouraged to take an active role in the governance of the University by working on faculty-student committees. Students are encouraged to contact the Office of Student Activities and Leadership to indicate interest in being nominated for the committees. In addition, a formal nomination process will be conducted at the end of each spring semester for the following academic year by the Office of Student Activities and Leadership. Revised 8/24/2011 44 STANDING COMMITTEES Campus Ministry Promotes the pastoral care of all members of the University community and focuses its programs on the Catholic identity of the institution while respecting the ecumenical diversity of the University community. Plans, initiates, and assesses liturgies, programs, and spiritual and social service activities which reflect the Gospel. Recruitment and Retention Identifies, develops and implements strategies for marketing, recruitment, and retention of qualified College of Undergraduate Studies‘ students; administers the admission and financial aid policies of the University in the admission of undergraduate students and in evaluating criteria utilized for scholarship awards and financial aid for all students. Library Acts as an advisory body to the librarians. Serves as a liaison among faculty, the student body, and the administration. Discusses needs of the library, assists in the implementation of general policies, and advises in the selection of library holdings. Participates in long range planning. Strategic Planning and Budget Formulates the goals and objectives and evaluates the progress of the STRATEGIC INSTITUTIONAL PLAN; makes recommendations in the area of institutional dynamics and resource needs; prepares and disseminates data necessary to facilitate planning and budgeting; recommends new tuition and fee rates for budgeting purposes; reviews the operating and capital budgets for the following fiscal year, and forwards recommendations to the executive administration for approval. Student Life and Development Shares with the Vice President for Student Development and Engagement the responsibility for policies governing student life and development at all levels of the University; serves as a liaison between the students and the University; examines means beyond the classroom for achieving University objectives in the area of student life and development. Teacher Education Sub-Committee Aids in the formulation of policy and formulates feedback for improving the teacher education program. TASK FORCES The Department of Campus Safety and Protection Committee Makes recommendations to foster the safety and security of the Immaculata University campus. Considers issues regarding access and parking on campus. Dining Services Considers services and offerings of the Immaculata foodservice; serves as liaison between the University foodservice and the student body. Revised 8/24/2011 45 The Graduate Student Advisory Committee of the College of Graduate Studies Provides the Dean and the College of Graduate Studies with the student‘s perspectives in areas related specifically to the graduate student. The committee meets twice a year, once in the Fall and once in the Spring. Any student interested in serving on the committee should notify their Department Chair of their interest. The College of LifeLong Learning Student Advisory Committee Acts as a liaison among students, faculty, and administration. Members communicate student opinions and suggestions for improvement of student services and academic offerings. The Student Group will meet twice a year, in the middle of the fall semester and in the middle of the spring semester. One or both of the meetings may take place via the Web. The Assistant Dean of the College of LifeLong Learning chairs the Group, takes meeting minutes and reports these to the CLL Policy Committee. At the same time, the Assistant Dean reports to the Student Advisory Group any relevant issues being considered by CLL Policy. A faculty advisor is selected among full-time faculty recommended by the undergraduate chairs to serve for a one year term. The faculty advisor is to add a faculty perspective to student perceptions. The faculty advisor cooperates and coordinates matters with the Assistant Dean so that meetings are effective and helpful to students and the administration. The faculty advisor may be one of the ACCEL coordinators. Between 18 to 24 student members as recommended by the various CLL counselors or by faculty members may serve on the Student Advisory Group. Student members need not represent all the various CLL constituents; nevertheless, an attempt will be made to include students from all programs. The Undergraduate Curriculum and CUS Policy Student Advisory Committee Is a parallel committee to the Undergraduate Curriculum and CUS Policy Committee in order to provide student input into the area of academic matters. It serves as a student forum for academic issues and provides the Chair of Undergraduate Curriculum and CUS Policy Committee with information and feedback in the form of minutes from meetings. The membership includes: Dean, College of Undergraduate Studies President of Immaculata University CUS Honor Society Vice President of Student Association of Immaculata University Representatives from each of the major disciplines (humanities, sciences, social sciences and professional preparation) as recommended by the dean and appointed by the president of the university The Committee will meet once per semester prior to the final Undergraduate Curriculum and CUS Policy Committee meeting of the semester. The Meeting will be chaired by the President Revised 8/24/2011 46 of the Immaculata University CUS Honor Society. The chair will meet prior to the meeting with the Dean, CUS in order to develop an agenda for the meeting. Minutes will be forwarded to the Chair, Undergraduate Curriculum and CUS Policy Committee. Topics for discussion will relate to curricular concerns, academic policies and procedures. . Revised 8/24/2011 47 STUDENT CODE OF CONDUCT Section I – Introduction/Overview UNIVERSITY POLICIES Immaculata University aims to develop responsible and self-reliant individuals. However, it also recognizes the University‘s role to assume leadership in forming values, rather than blindly following transient societal trends. The University has therefore set certain universal human values—honesty, integrity, charity and consideration—as standards toward which each student can strive. Immaculata University encourages individual freedom and personal choice, but expects of its students recognition of their responsibility to the community and concern for the group. ACADEMIC POLICIES Students are held accountable for policies related to their academic pursuits. Academic policies may be found in the undergraduate and graduate catalogues. Please consult the catalogues for the academic polices associated with the colleges in which you are enrolled. Questions regarding academic policies should be referred to the appropriate Dean of the college. STATEMENT OF RIGHTS AND FREEDOMS OF STUDENTS Immaculata University, an academic community comprised of administration, faculty, and students, exists for the transmission of knowledge, the pursuit of truth, the development of its students, and the general well-being of society. It recognizes that truth is effectively communicated only in an atmosphere of genuine intellectual freedom. However, as a distinctively Catholic institution, Immaculata also recognizes that freedom does not preclude a strong commitment to Christian-Catholic doctrine and values. Within a liberal arts environment, Immaculata seeks as its immediate goal ―to develop the whole person of any faith, and encourages the student to see the liberal arts as an integrative process that coordinates knowledge into a personal and universal view.‖ FREEDOM OF ACCESS TO HIGHER EDUCATION Immaculata University seeks to admit those students who are best qualified to profit from the distinctive educational opportunities offered by the University. The Admission process endeavors to bring together a group of students whose intellectual ability, personal qualities, varied interests and talents, and diverse backgrounds provide a cultural and intellectual atmosphere in which each may become a well-rounded person. Applications are processed without unlawful discrimination because of a person‘s race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran Revised 8/24/2011 48 status, ancestry or other classifications protected by law or University policy. Each applicant is considered as an individual and consideration is given to special cases. The University reserves the right to modify admission requirements at any time without prior notice. By virtue of enrollment, an Immaculata student indicates his or her willingness to abide by the regulations of the University as they are published and revised from time to time. STUDENT RECORDS I. INTRODUCTION Immaculata University (hereinafter ―IU‖), like other institutions of higher education, accumulates and maintains records concerning the characteristics, activities and accomplishments of its students. Because IU recognizes the student's right of privacy in its students educational records, a policy regarding the confidentiality of the information which becomes a part of the student's permanent records and governing the conditions of its disclosure has been formulated and adopted. This policy was created so that IU is in compliance with the Family Educational Rights and Privacy Act of 1974 (―FERPA‖). Please note that all subsequent quoted statements in this policy are contained within FERPA and any amendments to FERPA. II. POLICY SCOPE AND APPLICABILITY IU is committed to protecting student education records from improper disclosure. In order to do so, IU must make every endeavor to keep students‘ education records confidential consistent with applicable laws. All members of the faculty, administration and staff must respect confidential student educational records which they acquire in the course of their work. At the same time IU must be flexible enough in its policies not to hinder the student, the institution or the community in their legitimate pursuits. Each of the record-keeping administrative units within the University may develop its own additional specific procedures in accordance with the general policy stated here. This policy is in conjunction with the IU Administrative Data Security Policy. III. DEFINITIONS " Student Educational Records" includes any record (in any form including but not limited to electronic, handwriting, print, tapes, film, or other medium) maintained by IU or an agent of IU which is directly related to a Student, except: Records about students made by instructors and/or administrators for their own use and not shown to others; Employment records for students who are University employees unless the student was employed as a result of his/her status as a student; Alumni records which contain information about a student after he or she is no longer in attendance at IU and which do not relate to the person as a student; Revised 8/24/2011 49 Records about University students "created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional" acting or assisting in such capacity for treatment purposes and which are available only to persons providing such treatment as noted in FERPA; and Such other records which fall outside the scope of an Education Record under FERPA and its implementing regulations, as they may be amended. “Directory Information” as determined by IU includes: the name, address, email address, telephone number, major, grade level, enrollment status (full or part-time, undergraduate or graduate), dates of attendance, Degree(s) and awards received, most recent previous school attended, major field of study, awards, honors, expected graduation date, photograph, date and place of birth, participation in officially recognized activities of Students and sports and height and weight of Students who are athletes. A “Student" is any person with respect to whom IU maintains educational records or personally identifiable information, but does not include a person who has not been in attendance at IU. This therefore excludes applicants who have been admitted and did not enroll and applicants who were denied admission. IV. Maintenance and Retention of Student Records If a Student Educational Record is to be maintained, two conditions must be met: Its accuracy should be verified by appropriate means; and Its continuing usefulness should be clearly demonstrated. Only records, which survive these two criteria, should be maintained by the institution and then only for a specified period in accord with government and accrediting agency guidelines.. Due consideration should be given to the needs of the archivists as well as to the rights of the individual student in determining the long-term retention of student information. V. General Guidelines On Student Records Subject to situations where prior written consent of the student may not be required before certain information may be disclosed, the following guidelines relative to student educational records represent IU policy: All procedures and policies dealing with records shall be formulated with due regard for the Student's rights for privacy, freedom of association and expression and intellectual liberty and freedom to learn; Only those records shall be kept which are necessary in order to meet the University's or Student's goals; Duplication of record keeping shall be minimized; Revised 8/24/2011 50 All persons who handle student records shall be instructed concerning the confidential nature of such information and their professional and legal responsibilities regarding these records. Information from IU files, which is not of public record, shall not be available to unauthorized persons without the written consent of the student involved; IU will comply with and abide by all federal and state laws which apply directly to IU and the confidentiality and release of information about students--in particular, FERPA; A record shall be maintained, kept with the record of each Student, of the release of any information contained in a student's files to individuals or agencies outside IU; including the name of the requesting individual or agency, date, and purpose of the request. This record of access shall be available to the student; and All IU policies governing the maintenance and release of student records are public and are available to students, faculty, and administration. VI. CIRCUMSTANCES WHERE STUDENT CONSENT IS NOT REQUIRED UNDER FERPA FERPA, and hence IU lists the following as those who may have access to a student's educational record without the student's prior written consent: Employees of the University, including faculty and staff who have legitimate educational interests in a file, as well as certain individuals such as vendors or contractors, performing work for the University under proper authorization and control and subject to the privacy requirements of federal law need not execute any explanatory statement, nor must a record of access be kept when they are accessing a Student‘s record; Officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer; The disclosure is to state or local educational authorities auditing or enforcing Federal or State supported education programs or enforcing Federal laws which relate to those programs; The disclosure is in connection with financial aid that the student has applied or has received, but only for the purposes of determining the eligibility, amounts, and terms for financial aid or enforcing the terms and conditions of financial aid; Organizations like Educational Testing Services and the College Entrance Examination Board in connection with developing, validating, or administering predictive tests, administering Student aid programs, and improving instruction, subject to a written agreement and additional FERPA-based restrictions; Revised 8/24/2011 51 Accrediting organizations to carry out their accrediting functions; Pursuant to a lawfully issued court order or subpoena, subject to certain notice requirements as may be applicable; "Appropriate Persons" in the case of health and safety emergencies. Regarding the release of information for health or safety emergencies, the regulations of the Department of Education state that educational institutions may release information from Educational Records if the knowledge of such information is necessary to protect the health or safety of a student or other persons. Factors which should be taken into account in determining whether records may be released under this section include the following: o "the seriousness of the threat to the health or safety of the student"; o "the need for such records to meet the emergency"; o "whether the person to whom such records are released is in a position to deal with the emergency"; and o "the extent to which time is of the essence in dealing with the emergency." o Furthermore, "in determining whether a bona fide emergency exists, institutional officials should be aware that the exception is to be construed narrowly." Consent is not required to disclose Directory Information on a student. However, each Student has the option of restricting the release of Directory Information by submitting a formal written request to the school to limit such disclosure; this request should be submitted to the University Registrar‘s Office, Villa Maria 30; Other circumstances as authorized by FERPA and its implementing regulations, as they may be amended or as otherwise required by law. Other than in the exceptions stated in this policy, and as otherwise permitted by FERPA and applicable law, IU may not release "personally identifiable information in Student Educational Records" or allow anyone access to those records, unless the student has given his/her prior written consent "specifying records to be released, the reasons for such release, and to whom" with a copy of the released record to be furnished to the student if so requested. If IU is responding to a court order or subpoena, it is under no requirement to give the student a copy of the materials furnished, but it will make a reasonable effort to notify the student of all such orders or subpoenas in advance of compliance therewith unless the court order or subpoena restricts such notification. VII. DIRECTORY INFORMATION MAY BE DISCLOSED WITHOUT STUDENT CONSENT Pursuant to FERPA, Directory Information, as defined in this policy, may be disclosed without prior student written consent. However, each student has the option of restricting the release of Revised 8/24/2011 52 Directory Information by submitting a formal written request to the Registrar‘s Office to limit such disclosure. VIII. GUIDELINE REGARDING DISCLOSURE OF INFORMATION TO VARIOUS DIFFERENT PARTIES A. Disclosure to the Student 1. Knowledge of File The student has the right, on request to the proper official, to know of the existence and content of all materials that are in his/her official records as kept by IU. The exception to this policy is that letters of recommendation or other personally signed confidential documents placed in the student's file before January 1, 1975 will not be made available to the student. If a student wishes to obtain confidential recommendations to be used for admissions and academic advising purposes only (for transfer, graduate, or professional school application), the Student may exercise a waiver of right of access to these specific recommendations. 2. Review of Official Transcript A student is entitled to review or obtain an official transcript of his/her academic record except as defined in section IX-E. 3. Review of Student Educational Record A student has the right to inspect and review his/her permanent academic record (from which transcripts are made) and all official records, files and data directly related to him/her including all material that is incorporated into each student's cumulative record folder and intended for school use or to be available to parties outside of IU. Information relating to other students or other individuals will be stricken prior to review to protect the privacy rights of those individuals. The Student is entitled to an explanation of any information recorded in these files. When the original is shown, examination should be permitted only under conditions which will prevent its alteration or mutilation. The request for the specific record to be examined or reviewed by the student shall be in writing and IU shall comply with this request within a reasonable period of time, but in no case more than 45 days after the request has been made. The right to inspect and review Student Educational Records includes the right to obtain copies of the records when failure to provide copies would effectively prevent a Student from exercising the right to inspect and review the Student Educational Records. When copies are provided a fee to cover cost is charged. A schedule of such fees is available from the office charged with keeping the record in question. B. Disclosure to Faculty and Administrative Officers of IU Revised 8/24/2011 53 Faculty and administrative staff and officers of IU who have a legitimate interest in the material and demonstrate a need to know for purposes reasonably related to the performance of their official duties will be permitted, once proper authorization is granted, to look over the paper and electronic records of any student in accordance with the IU Administrative Computing Security Policy. The contents of the official folder of a student should not be sent outside the Office of the Registrar or other records office except in circumstances specifically authorized by the Registrar or the custodian of the records. Permanent records should never leave the Office of the Registrar or the custodial office. C. Disclosure to Parents, Educational Institutions and Agencies Transcripts, grade reports and other Educational Records will not be released to parents or guardians of Students without prior written approval from the student. Requests from research organizations of educational institutions making statistical studies may be honored without prior approval of the student provided no information revealing the student's identity is used. Requests from a philanthropic organization supporting a student will be honored only with written approval from the student. No personally identifiable records or files will be released to officials of other Colleges or Universities in which the student intends to enroll, unless the student receives notification and, if desired, a copy of the records released. D. Disclosure to Other Individuals and Organizations Information furnished to other individuals and organizations should be limited to the items listed as Directory Information unless the request is accompanied by an information or transcript release signed by the student, specifying records to be released, the reasons for such release and to whom the records are to be released. As indicated above, each student has the right to refuse to permit the disclosure of Directory Information pertaining to him/her by completing the appropriate form obtained from the Registrar's Office. E. Disclosure in Response to Telephone Inquiries Only Directory Information may be released in response to telephone inquiries. Urgent requests for student information based on an apparent emergency will be handled by the Registrar or other appropriate IU officer. It should be noted that these offices, however, will not knowingly serve as the source of information for landlords, collection agencies, sales personnel, etc. F. Disclosure by Other Offices of the Institution Revised 8/24/2011 54 The foregoing guidelines are applicable to handling any requests for academic information about Students or former Students received by any member of the faculty, administration, or clerical staff. The guidelines are intended to protect the individual's rights to privacy and the confidentiality of his/her academic records throughout IU. All IU personnel should be alert to refer promptly to the Office of the Registrar or other appropriate office request for transcripts, certifications or other information which that office typically provides. IX. GUIDELINES REGARDING SPECIAL TYPES OF STUDENT RECORDS Separate and specific safeguards against unauthorized access have been developed for medical, disciplinary, financial, therapeutic and counseling records based on their unique characteristics and high level of sensitivity. Each of the record-keeping administrative units involved in the maintenance of these records has developed its own procedures in accord with the general policy stated here. A. Counseling and Testing Records Records of the counseling or testing services are released only on written request of the Student or except where such disclosure is required or permitted by law. Requests for information regarding the counseling or testing records of a student should be referred to the director of that service. B. Disciplinary Records Records of disciplinary action taken by IU are kept in the Office of the Dean of Students. The reason for disciplinary suspension is never a part of the academic transcript of any student. Disciplinary records are not released for use outside IU unless authorized in writing by the student or required or permitted by law. The student has the right to inspect and review his or her disciplinary records. C. Financial Records Loans, scholarships, and grant applications, financial awards and student employment records are kept separate from other academic and student personnel records. Information concerning loans, grants, scholarships and employment may be released to faculty and administrative staff if such information is judged to be needed in the performance of their respective responsibilities. Financial information will not be released to any other source outside IU except to federal and state assistance programs unless the student requests specifically, and in writing, that his/her financial record (or any part of it) may be released. The financial records of the parent of the student or any information contained therein are not available to the student. Revised 8/24/2011 55 D. Medical Records Medical records are kept only in the Department of Student Health Services of IU. Student Health Services will release health records only with a signed authorization from the student. In cases of a health emergency student information may be released without prior written consent of the student. Requests for information regarding the health of a student should be referred to the Director of Student Health Services. Medical records will be destroyed 7 years from a student‘s last attendance. The medical records of students who are participating in programs affiliated with the university which require such submission are retained within the office of the program and are destroyed in accord with government or accrediting guidelines. E. Withholding Information There may be conditions such as financial obligations, violations of non-academic regulations, etc., under which IU will withhold transcripts, certifications, or other information about a Student. The Office of the Registrar notifies the student of a hold placed on the student‘s record and directs the student to the office which placed the hold. X. STUDENT RIGHT TO A HEARING The Student shall have the right to request that IU amend his or her records and, if that request is denied, the student shall have the right to a hearing to challenge the content of the student's official IU records, to insure that the records are not inaccurate, misleading or otherwise in violation of the privacy or other rights of students and to provide an opportunity for the correction or deletion of any inaccurate, misleading or otherwise inappropriate data contained therein. If IU declines to amend the record following the hearing, the student shall have the right to place a statement in his or her record commenting on the information in the record and IU's decision not to amend it. The ―right to challenge hearings" excludes challenging grades on the basis of the grade being other than expected. Students also have a ―right to challenge hearings‖ as outlined in the University Grievance Policy. XI. STUDENT RIGHT TO FILE A COMPLAINT Students have the right to file written complaints with the Office of the Secretary of the U. S. Department of Education concerning the University's alleged failure to comply with FERPA or the regulations promulgated there under. The address is: Family Policy Compliance Office Revised 8/24/2011 56 U.S. Department of Education 600 Independence Avenue, SW Washington, D.C. 20202-4605 (202) 260-3887 INSPECTION OF DISCIPLINARY RECORDS Disciplinary records are educational records and, as such, are confidential and are generally not released to anyone outside of the University without written approval of the student involved. Intra-and inter-University use of such information is at the discretion of the VicePresident for Student Development and Engagement or the Dean of Students who may, based on legitimate educational interest inform other administrators of the student's status when necessary to the discharge of their duties. The University reserves the right, as defined in the Higher Education Reauthorization Amendments of 2008, to disclose results of a disciplinary hearing when a student is found to be in violation of University regulations related to violence or a non-forcible sex offense and to notify parents/guardians of students under the age of 21 determined to have violated federal, state, or local law, or campus regulations regarding the use or possession of alcohol or a controlled substance. Disciplinary records are maintained for three years after the completion of the student's enrollment, with the exception of cases in which a sanction of Suspension or Expulsion was imposed. Disciplinary records of students suspended for a specific period of time are maintained for five years after graduation or withdrawal; disciplinary records of students expelled from the University are maintained permanently. Revised 8/24/2011 57 Section II – Non-Academic Relational Policies to Immaculata University ALCOHOL BEVERAGE POLICY The possession, presence and/or consumption of alcohol is not permitted while on University Premises and while off campus participating in a University sponsored activity or event , with the exception of those University sponsored events at which alcohol is part of the menu provided by Dining Services, in which case, students who are 21 years of age or older may consume alcohol on campus at such events. The University reserves the right to sanction students who violate the state law and any of the following provisions: 1. The University reserves the right to sanction the residents of a room or an apartment where a violation occurs regardless if the alcohol containers are empty or full and whether or not the residents are present at the time of the violation. 2. The consumption of alcoholic beverages or possession of alcoholic beverages on University Premises is prohibited. This prohibition includes vehicles parked on University Premises. 3. The use or possession of paraphernalia specifically associated with the consumption of alcohol (e.g.funnels, shot glasses, kegs, keg taps) by students is prohibited on University Premises. 4. Driving while under the influence of alcohol is prohibited. Pennsylvania has set .08% Blood Alcohol Content (BAC) as the legal limit for a Driving Under the Influence (DUI) conviction. You may be convicted of DUI at .05% and above if there is supporting evidence of driving impairment. 5. The prohibitions set forth in this Alcohol Beverage Policy also apply to all University sponsored activities or events held at off-campus venues. It is the responsibility of the sponsoring club, organization or department to ensure proper enforcement. 6. Students found in violation of the University Alcohol Beverage Policy must comply with any sanction specified through the disciplinary system as outlined in the Student Code of Conduct. For purposes of this policy, University Premises is defined to include:‖all buildings within which the University provides educational and related student services and/or conducts its business operations, whether owned, leased, or provided without charge for use, the campus as well as surrounding grounds and parking areas adjacent to these buildings, and vehicles owned or leased by the University. When a student is found to be in violation of the University Alcohol Beverage Policy, the University reserves the right to notify parents/legal guardian(s) about the disciplinary status consistent with the provisions of the Family Educational Rights and Privacy Act. Immaculata University supports the Pennsylvania State laws concerning drinking and accepts the responsibility to inform each student of his or her obligation to obey the laws. The University Revised 8/24/2011 58 offers no protection for violators of these laws. Pennsylvania law provides that it is unlawful for anyone under the age of 21 to possess, consume, purchase, attempt to purchase or transport alcoholic beverages. State law further provides that it is unlawful to furnish alcoholic beverages to anyone under the age of 21. Additional state laws pertinent to alcohol related issues include: carrying a false identification card and public drunkenness. In any case when a student is considered to be a problem drinker, a university representative may request the student to seek professional counseling. If the student refuses to seek professional counseling and his or her behavior is considered to be disruptive, the student can be prohibited from university housing and face suspension from the University. The requirement of professional counseling may be implemented with or without disciplinary action. ANIMAL HARM POLICY Any student who intentionally or recklessly inflicts or attempts to inflict, or conspires to inflict harm upon any animal; or takes action, either intentional or reckless, to do the same is subject to disciplinary action. Animal harm of any type, such as physical harm including the killing or injuring of animals; the mistreatment of animals on campus; or the abandonment of animals is prohibited. Animals, living or deceased may not be used for pranks or amusement by individuals or groups. Violations of this policy may result in disciplinary action. ASSUMPTION OF RISK The use of recreation facilities and participation in student activity type programs are completely voluntary whether as a participant or spectator at any event or activity sponsored by any University group whether on or off-campus. Each individual, whether a participant or spectator, assumes the risk for any harm or injuries sustained. Neither Immaculata University, nor the sponsoring department or organization can assume any responsibilities for injuries incurred through participation in facilities or activities. It is strongly advised that participants use caution and be aware of potential health risks associated with participation. Should an accident, injury, or related incident occur, contact the sponsoring department or club/organization and the Department of Campus Safety and Protection immediately. CELLULAR PHONE USE POLICY Immaculata University is committed to promoting highway safety by encouraging the safe use of cellular phones by its students while they are conducting University business. This includes when one is attending class, in a meeting with an individual or group and when attending public events, such as a lecture. Immaculata discourages students from using a cell phone while driving an automobile. If a student needs to use a cell phone while driving an automobile, the individual is strongly encouraged to find a proper parking space and to park the car before using the cell phone. Parking on the side of the road is not recommended, except in the case of a genuine emergency. Students are expected to comply with applicable state laws including those laws requiring the use of hands-free functions. As a reminder, proper use of cellular phones is one aspect of safe driving. Violations of this policy may result in disciplinary action. Revised 8/24/2011 59 DANGEROUS PRACTICES POLICY No student shall engage in any activity which shall endanger the lives or safety of that student or of others in any building or on any property owned or controlled by the University. This includes but is not limited to the following activities: The use or possession of fireworks, firecrackers, gunpowder or any dangerous chemicals or explosive materials. Inappropriate or dangerous possession and or use of fires, open flames, candles, matches or other flammable materials in all buildings owned or operated by the University. Blocking, or in any way preventing, use of fire exit doors, handicapped ramps, residence hall room doors and building hallways. Improper use of electrical appliances or wiring which creates a fire hazard. Reckless driving. Activities carried out in science classes or laboratories under faculty guidance are generally exempt from this policy. Violations of this policy may result in disciplinary action. DINING SERVICES POLICY Meal plans are required of all students living in University Housing and are available to commuter students as well. A student with a meal plan may not let another student or guest use his or her ID card/meal plan for the purchase of products. A student who violates this policy may be subject to the full range of sanctions outlined in the Student Code of Conduct. If a student should lose his or her I.D., another must be obtained at the One Card Office for a $15 fee. Failure to abide by dining regulations, including, but not limited to engaging in food fights, other disruptive or disrespectful behavior, transferring meal cards, failure to properly dispose of trash, removal of utensils or other supplies, may result in the student‘s being subject to the full range of sanctions outlined in the Student Code of Conduct. DISHONESTY POLICY Furnishing or conspiring to furnish false information to the University, or its representatives (including but not limited to University Administrators, Administrative Hearing officers or University Conduct Board members), by a written or oral false statement, forgery, alteration or misuse of, among other things, University documents or records may result in disciplinary action. . Revised 8/24/2011 60 DISORDERLY CONDUCT POLICY Unruly gatherings, excessive noise, public drunkenness and other such behavior which are disruptive of the life of the University community or which disregard the rights of members of the community are likely to result in disciplinary action. NOTE: The University reserves the right to alert civil authorities to problems on or offcampus. Concerns likely to be reported are those involving physical endangerment, illegal substances, or those resulting in complaints from the local community. DRUG POLICY (CONTROLLED SUBSTANCES) The University adheres to the Drug Free Schools and Communities Act (DFSCA). Refer to the DFSCA section for specific information regarding University compliance. Immaculata University recognizes drug abuse not only as a likely safety and security concern, but as a serious health problem. The University offers a range of resources and services as follows: counseling and support services are available at the Counseling Center: student education and information are available through Student Health Services Center; referral to agencies and organizations which offer supportive services is available through the Counseling Center or the Student Health Services Center. A. The University does not allow the sale, production, use, possession and/or distribution of, as well as the attempt to sell, produce, and/or distribute illegal drugs (including but not limited to heroin, cocaine and its derivatives, marijuana, barbiturates, amphetamines, hallucinogens or other addictive or illegal substances) while on University Premises and/or while off-campus participating in any University sponsored activity or event. B. Use or possession of illegal drugs may result in disciplinary action. Second offense may result in expulsion from the University. The University reserves the right to sanction all students assigned to the residence hall room or apartment where the violation occurs and/or those present at the time of the violation. C. The University reserves the right to sanction students in cases where indicia of illegal drug use is present, but where no illegal drugs are recovered. These indicia may include, but are not limited to: the odor of illegal drugs, the presence of drug paraphernalia, lack of cooperation or attempts to mask odors upon confrontation, deliberate attempts to block airways or other such similar behavior designed to avoid detection. D. The University does not allow for any possession or use of drug paraphernalia on any part of University premises as well as while off campus participating in any University sponsored activity or event. Any student found in possession or use of drug paraphernalia is in violation of the Drug Policy. For purposes of this policy, ―University Premises‖ is defined to include: ―all buildings within which the University provides educational and related student services and/or conducts its business operations, whether owned, leased, or provided without charge for use, the campus as well as surrounding grounds and parking areas adjacent to these buildings, and vehicles owned or leased by the University‘. Revised 8/24/2011 61 When a student is found to be in violation of the Immaculata University Drug Policy (Controlled Substances), the University reserves the right to notify a parent or legal guardian about the student‘s disciplinary status, consistent with the provisions of the Family Education Rights and Privacy Act (FERPA). DRUG FREE SCHOOLS AND COMMUNITIES ACT (DFSCA) POLICY Immaculata University is in compliance with the DFSCA which requires colleges and universities to adopt and enforce policies that include sanctions for illegal alcohol and other drug use and to provide students and employees with appropriate information and services to back up those policies. Orientation sessions for new students, alcohol awareness weeks and other special events, reduced alcohol availability and consistent enforcement activities aid in the dissemination of the pertinent information. Immaculata University maintains a written policy that sets forth standards of conduct clearly prohibiting the unlawful possession, use, or distribution of alcohol or illicit drugs on school property or as part of any school activity. This policy clearly states that sanctions apply to student acts committed under the influence, such as public disturbances, endangerment to self or other, or property damage. EQUAL OPPORTUNITY POLICY Immaculata University is committed to the principle of equal educational opportunity without unlawful discrimination because of an applicant‘s or student‘s race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law or University policy. This equal opportunity policy applies to all terms and conditions of admission to and enrollment with the University. Immaculata University provides equal employment opportunity to all applicants, employees and officials of the University regardless of a person‘s race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law or University Policy. This policy applies to all terms and conditions of employment including, but not limited to, recruitment, selection, hiring, placement, transfer, promotion, training, compensation, benefits, discipline, and termination. All decisions regarding terms and conditions of employment must be based on the individual‘s qualifications, performance, and/or his or her ability to meet the requirements of the position. Employees, students and applicants with disabilities shall be provided with reasonable accommodation, except where such accommodation would cause the University undue hardship. We invite employees with disabilities to inform Human Resources of such disability and any possible devices, etc., which could be used to accommodate the employee. We invite students with disabilities to inform the Vice Presidents of Academic Affairs and Student Development and Engagement. Data concerning a disability shall be kept confidential to the extent feasible, and shall be disseminated only on a ―need-to-know‖ basis. Revised 8/24/2011 62 ETHNIC INTIMIDATION POLICY The Ethnic Intimidation Act of the Commonwealth of Pennsylvania takes cognizance of the fact that certain criminal acts are the result of manifestation of malicious intent toward a particular race, color, religion or national origin of an individual or group. Whenever an individual on the campus of Immaculata University is charged with arson, criminal mischief and other property destruction, institutional vandalism, criminal trespass or harassment by communication or address, and that infraction is committed with a showing of ―malicious intent‖ toward a particular race, color, religion or national origin of another individual or group, both offenses shall be reported to the appropriate law enforcement agencies, and the administration of Immaculata University will fully cooperate with these agencies in investigating and prosecuting the offender. Victims of ethnic intimidation should notify the University immediately when a violation of the policy has occurred. To report a violation, you should provide a statement alleging same, together with any available supporting evidence to the Department of Campus Safety and Protection and/or the Dean of Students. The University prohibits unlawful harassment or intimidation in all forms. Violations of this policy may result in disciplinary action. FAILURE TO COMPLY POLICY Failure to comply with an official request by a University Official is by itself subject to disciplinary action. Disrespectful, inappropriate or offensive language directed at a University official is also subject to disciplinary action. By way of example, students suspected of violating the Student Code of Conduct are expected to cooperate fully with University officials in their efforts to obtain information, identification, and/or with the confiscation of prohibited items. Students who leave the scene where an alleged violation of the code of conduct is being investigated may be found in violation of this policy. Any lack of cooperation and or misrepresentation will be viewed as a serious violation of the Code. Students who fail to appear for a scheduled conduct meeting without prior permission of the Hearing Officer or Board Chair may automatically be found responsible for violating the alleged provision of the Student Code of Conduct. Students who fail to appear may be subject to a more severe sanction than that which would have been imposed for the alleged violation. Failure to carry out the conditions of a disciplinary sanction will be considered a violation of the Student Code of Conduct and may result in a more severe sanction than the one already imposed. Failure to pay disciplinary fines will result in the withholding of University documents and transcripts, and may result in further disciplinary action. Violations of this policy may result in disciplinary action. Revised 8/24/2011 63 FIREWORKS POLICY The possession or use of fireworks, either ‗consumer fireworks‘ or ‗display fireworks‘ as defined in title 35. Pa Health and Safety, Chapter 13A. Fireworks and Explosives, by unauthorized persons while on University Premises and/or while off-campus participating in any University sponsored activity or event is prohibited. The terms ―consumer fireworks‘ and ‗display fireworks‘ do not include devices such as ‗ground and hand-held sparking devices. There may be theatrical productions, display, props used in plays or educational workshops , that may appear to violate the letter of the law, but this is not the intent of this policy, In such cases, written approval , granting permissible use of the fireworks, from the Director of Campus Safety and Protection, is required before the activity may take place. Those responsible for the activity must remove the unused fireworks from University property at the end of the term of the permission. Violations of this policy may result in disciplinary action. Sanctions will be commensurate with the severity and/or frequency of the offense. For purposes of this policy, ―University Premises‖ is defined to include: ―all buildings within which the University provides educational and related student services and/or conducts its business operations, whether owned, leased, or provided without charge for use, the campus as well as surrounding grounds and parking areas adjacent to these buildings, and vehicles owned or leased by the University‘. FREEDOM OF ASSOCIATION POLICY Students bring to Immaculata‘s campus a variety of interests previously acquired and develop many new interests as members of the academic community. The institution encourages them to organize and join associations that promote their common interests. FREEDOM OF INQUIRY AND EXPRESSION POLICY Immaculata students and student organizations are free to examine and to discuss all questions of interest to them, and to express opinions publicly and privately. They are also free to support causes by orderly and responsible means which do not disrupt the regular and essential operation of the institution in the achievement of its educational mission. It is the students‘ responsibility to make clear to the academic and larger community that in their public expressions or demonstrations they or the organizations they represent speak only for themselves and not for the University. Revised 8/24/2011 64 GAMBLING POLICY Immaculata University expects students to abide by federal and state laws prohibiting illegal gambling. Such activity includes, but is not limited to: knowingly permitting the use of one‘s premises or one‘s telephone or other electronic communications device for illegal gambling; betting on, wagering on or selling pools on any athletic event, possessing on one‘s person or premises any card, book or other device for registering bets; offering, soliciting or accepting a bribe to influence the outcome of an athletic event; and involvement in bookmaking or wagering pools with respect to sporting events. Violations of this policy may result in disciplinary action. GUEST ROOMS POLICY Guest rooms are provided to accommodate visitors affiliated with Immaculata University. Every guest is subject to the University rules and regulations and they are the responsibility of the host. The Department of Campus Safety and Protection is responsible for the management of Guest rooms. Guest rooms are reserved for overnight guests who have made reservations in advance with The Department of Campus Safety and Protection. The University host must provide the name of the guest and contact number at the time the reservation is made. Only the guest whose name appears on the guest room form may use the room. The guest rooms in DeChantal/ Marian Halls are available for both male and female visitors. The guest room in Lourdes hall is only available for Sisters and females. No pets are permitted in guest rooms. Guest Room Procedures 1. All reservations will be coordinated through the Department of Campus Safety and Protection and this department will be the final determinant of room assignment. For reservations call 610-647-4400, extension 3599 or 5555. 2. Reservations are made on a first come, first served basis. 3. Guest room check-in is 1:00 p.m., check-out is 10:00 a.m. Upon check-out, all personal items must be removed from the guest room. Items left in guest rooms are not the responsibility of Immaculata University. 4. Keys, access cards and parking permits are to be picked up at the Department of Campus Safety and Protection in Lourdes Hall. 5. Guest room keys and access cards must be returned to the Department of Campus Safety and Protection upon departure. A fee of $50.00 will be charged for lost keys and a $15.00 charge for lost access cards. Additionally, failure to return keys or access cards may result in denial of reserving in the future. Revised 8/24/2011 65 6. Guests must park in general parking areas. Parking in non-designated spaces may result in a parking violation. Permit must be displayed on the dash board of vehicle. 7. Guest room rentals are $30.00 per night. Two night stay is $55.00. Every additional consecutive night is $25.00, up to a maximum seven (7) days. Checks and cash are accepted. Please make checks payable to Immaculata University. 8. Alcoholic beverages, addictive and or other illegal substances are not permitted in guest rooms as Immaculata University is a dry campus. Violations of this policy may result in disciplinary action to the host. HAZING AND RELATED BEHAVIORS POLICY As a University in the Catholic tradition, Immaculata encourages students to form bonds of loyalty and commitment with all members of the campus community. No recognized organization may have as a condition for initial membership or continued membership any activity which can be defined as hazing or any behavior the performance of which violates a person‘s conscience, good judgment or norms generally accepted as governing behavior in society. Hazing is prohibited by both the Commonwealth of Pennsylvania and Immaculata University. Hazing is defined as "...any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of membership in an organization." Such activities shall be presumed to be "forced" activity, the willingness of an individual to participate in such activity notwithstanding. By way of example, the following behaviors are considered a violation of this policy, regardless of whether they meet the definition of ―hazing‖: 1. Transporting a student against his or her will. 2. The marking or branding of a student. 3. Preventing a student from fulfilling academic responsibilities. 4. Requiring a student to eat or drink against his or her will. 5. Requesting or requiring a student to perform personal service or acts of servitude. 6. Paddling and/or striking in any manner. 7. Preventing a student from practicing personal hygiene. 8. Causing a student to be indecently exposed. 9. Requiring a student to dress or act in a manner causing ridicule or humiliation. 10. Any forced physical activity or forced calisthenics. 11. Any activity that would subject the individual to extreme mental stress such as sleep deprivation or forced exclusion from social contact. Revised 8/24/2011 66 Organizations or individual members of organizations that violate the University‘s Policy on Hazing and Related Behaviors may result in disciplinary action. A student organization may be derecognized by the University. HEALTH IMMUNIZATION AND RECORDS POLICY All students residing in University housing must complete physical, immunization and health record forms upon enrollment in Immaculata University for their protection and that of others on campus. The meningitis vaccine, or a signed waiver of the vaccine, is required by the State of Pennsylvania for all students who reside in University Housing. HEALTH INSURANCE POLICY All students residing in University housing must be covered by health insurance. Students will be automatically enrolled in and billed for the University plan at the beginning of each academic year. In order to avoid compulsory enrollment under the University plan, students covered by their parent‘s/responsible party‘s insurance must complete an Insurance Waiver Form indicating this coverage. HIV POLICY Immaculata University recognizes that Acquired Immune Deficiency Syndrome (AIDS) poses significant and delicate issues for the University community. Our compassion for and accommodation of individuals with AIDS must be balanced against our responsibility to noninfected persons. Immaculata University will endeavor to educate the University community about the facts surrounding HIV and AIDS and will implement the following guidelines for handling AIDS-related issues. Immaculata University will not require mandatory screening or testing for the HIV virus. When the University becomes aware that a student is infected, through his/her voluntary admission, the appropriate University staff will help the individual in seeking recommended treatment and appropriate counseling. Compassion and understanding will guide efforts in assisting individuals with AIDS. Immaculata University will treat all medical information obtained from students or employees with the HIV virus or any of its related conditions confidentially in accordance with applicable law. Confidentiality will be superseded only by life-threatening circumstances, disclosure under FERPA, or in the event of a health or safety emergency. If an official of Immaculata University becomes aware that a student or employee is infected, and that student or employee fails to respond to counseling and engages in risky Revised 8/24/2011 67 conduct likely to infect others, the University will take appropriate steps, consistent with applicable law. Consistent with its commitment to maintain a safe and healthy University environment, Immaculata University will treat those infected with AIDS the same as other illnesses in terms of employee and student policies and benefits, such as group health and life insurance, disability leaves of absence and other disability benefits. Decisions about housing for students with AIDS will be based on medical judgments rendered on a case by case basis. The University Counseling Center will provide a supportive and educative function when addressing AIDS. All persons on campus will have access to information about this disease, particularly the risk of transmission. This information is available in the University Student Health Services Center. The Immaculata University Student Health Services Center will provide guidelines for the prevention of AIDS transmission to its students. General guidelines for handling blood in all Immaculata University laboratories are as follows: The limited handling of blood in all laboratories will remain under close supervision of qualified instructors. Materials used will be sterile and all waste materials generated from labs will be carefully deposited into the appropriate containers designated for disposal. INDECENT CONDUCT POLICY Conduct not in keeping with University community standards, includes, but is not limited to conduct which is lewd, morally offensive, or not in compliance with criminal statutes. Students found in violation of this policy are subject to the full range of sanctions outlined in the Student Code of Conduct. IDENTIFICATION POLICY In an effort to provide adequate safety and security for the members of the University community, every student must carry an identification card (ID) issued by the University and it is requested that this ID be worn while on campus. Additionally resident students are expected to carry room keys at all times. A photo ID card is required for access to a variety of University services. Students may obtain the ID card at the One Card Office. There will not be a fee for the original issuance of an ID card, but replacement cards will be assessed a $15 fee. Hours during which ID cards are issued are posted on the web and on bulletin boards located throughout the University. Registered students are entitled to a student identification card. This is a photo ID that allows Revised 8/24/2011 68 students to borrow library materials and to receive discounts at various area businesses. 1. Upon request, students must surrender the ID card to authorized personnel (e.g. The Department of Campus Safety and Protection Officers, Dean of Students Office, Residence Life and Housing staff or other University agents/officials). Students must provide accurate information and must comply with the directions of such officials in the performance of their duties. Students furnishing tampered, altered, or false identification to a University official are subject to disciplinary action. 2. Tampering with, altering with, or falsification of the University ID card is a violation of the Student Code of Conduct. Students found responsible for such a violation may be subject to disciplinary action. A student falsely representing him/herself as someone other than him/herself is a violation of the Student Code of Conduct. 3. Students may not lend their ID cards to other persons or possess or use another student’s ID card or falsely represent him/herself as someone of other than him/herself for purposes of meal exchange, library usage or to gain access into a residence hall or University building. Students found doing so may be subject to disciplinary action. 4. Possession and or use of an identification card that falsely identifies a student by name, age, date of birth, or photograph as being 21 years of age and over is subject to disciplinary action. NON-DISCRIMINATION, ANTI-HARASSMENT AND NONRETALIATION POLICY It is the policy of the University to provide an academic and employment environment free from any form of discrimination, including unlawful harassment and retaliation. Coverage This policy covers all University students and employees without exception. The University will not tolerate, condone or allow discrimination, harassment and/or retaliation, whether engaged in by faculty, students, fellow employees, supervisors, managers, customers, vendors or other non-employees who conduct business with the University or non-employees who are acting in the name of the University. We encourage the reporting of all incidents of discrimination, harassment and/or retaliation, regardless of who the offender may be. Prohibition of Discrimination As stated in its Equal Opportunity Policy, Immaculata University is committed to the principle of equal educational and employment opportunity without discrimination because of a person‘s race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law or Revised 8/24/2011 69 University policy in the administration of any of its educational programs or activities, including admission, or with respect to employment. Employees, students and applicants with disabilities shall be provided with reasonable accommodation, except where such accommodation would cause the University undue hardship. We invite employees with disabilities to inform the Human Resources of such disability and any possible devices, etc., which could be used to accommodate the employee. We invite students with disabilities to inform the Vice President for Academic Affairs or the Vice President for Student Development and Engagement. Data concerning a disability shall be kept confidential to the extent feasible, and shall be disseminated only on a ―need-to-know‖ basis. Prohibition of Sexual and Discriminatory Harassment Sexual and other forms of unlawful discriminatory harassment are unacceptable conduct, whether on the University‘s premises or in other academic related settings, and will not be tolerated by the University. Discriminatory harassment in the workplace is also prohibited by law. In addition, see the University‘s Sexual Assault Policy, Sexual Exploitation Policy, Ethnic Intimidation Policy and Racial Incidents Policy. Definition and Examples of Sexual Harassment For the purpose of this policy, the term ―sexual harassment‖ includes any unwelcome or unwanted sexual attention, sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature or other offensive behavior directed toward an employee or student because of or on account of his or her gender, whether by a person of the opposite or same gender, when: 1. Submission to or rejection of such conduct by an individual is used as a basis or factor in decisions affecting the terms or conditions of employment or education of any individual; or 2. Submission to or rejection of such conduct by an individual is used either explicitly or implicitly as a basis for academic or employment decisions affecting that individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or professional performance; or 4. Such conduct creates an intimidating, hostile or offensive academic, employment, educational or living environment. Examples of the types of conduct that are inappropriate and violate this policy, regardless of whether they constitute unlawful sexual harassment include, but are not limited to: threatening adverse employment or academic actions if sexual favors are not granted; unwanted and unnecessary physical contact; demands for sexual favors in exchange for favorable treatment or Revised 8/24/2011 70 continued employment; display of pornographic material; excessively offensive remarks, including unwelcome graphic or suggestive comments about an individual's body, appearance or dress, obscene jokes or other inappropriate use of sexually explicit or offensive language; the display in the workplace of sexually suggestive objects or pictures which create an intimidating or hostile work environment; and other unwelcome and unwanted conduct of a sexual nature, such as leering, name calling and sexual innuendos. Definition and Examples of Discriminatory Harassment For purposes of this policy, "unlawful discriminatory harassment" includes any unwelcome or unwanted attention, and other verbal, visual, or physical conduct or other form of offensive behavior directed toward an employee or student because of or on account of his or her race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law or University Policy, (or such conduct or behavior that may be offensive on the basis of race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law and to which an employee or student may be exposed, directly or indirectly) when: 1. Submission to or rejection of such conduct by an individual is used as a basis or factor in decisions affecting the terms or conditions of employment or academic standing of any individual; or 2. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance; or 4. Such conduct creates an intimidating, hostile or offensive work environment. Examples of the types of conduct that are inappropriate and violate this policy, regardless of whether they constitute unlawful discriminatory harassment include, but are not limited to: any form of discriminatory treatment based on race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law; communication or display of offensive material capable of a stereotypical or discriminatory meaning; offensive remarks containing stereotypical or discriminatory references, including unwelcome comments about an individual's body, appearance, manner, speech or dress capable of a stereotypical or discriminatory meaning; racial, religious, ethnic or other stereotypical or discriminatory jokes or other inappropriate use of racial, religious, ethnic or other discriminatory language capable of a stereotypical or discriminatory meaning; the display in the workplace of objects, drawings or pictures which create an intimidating or hostile work environment; and other unwelcome and unwanted conduct of a stereotypical or discriminatory nature, such as name calling and racial, religious or ethnic innuendos. 71 Retaliation Prohibited The University will not retaliate against an individual who makes a report of discrimination, harassment and/or retaliation or provides information concerning an act of discrimination, harassment and/or retaliation, nor permit any other employee or student to do so. Retaliation is a serious violation of this policy. Any acts of retaliation or threatened retaliation should be reported immediately. Any person found to have retaliated against another individual for reporting discriminatory harassment will be subject to appropriate sanctions, including all of the same disciplinary actions noted above. If you believe you have been subject to any acts of retaliation or threatened with retaliation, you should promptly report the same pursuant to the open-door complaint procedure outlined in this Policy. Open-Door Complaint Procedure The University encourages individuals who feel they have subjected to treatment in violation of this policy to notify the offender firmly and promptly that his or her behavior is unwelcome, although they are not required to do so. Students may also request counseling from Counseling Services and/or Mission and Ministry to assist with informal resolution of concerns. The University also recognizes that power and status disparities between an alleged harasser and a target may make such confrontation extremely difficult. In the event that such informal, direct communication between individuals is either ineffective or too difficult, the following steps should be followed in reporting a complaint of discrimination, harassment and/or retaliation. Anyone who feels that he or she has been subjected to discrimination, sexual harassment or who feels he or she has experienced any other academic or employment related harassment based on race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law, or who believes he or she has been retaliated against for making a report of discrimination, harassment and/or retaliation or for providing information concerning an act of discrimination, harassment and/or retaliation, whether by a faculty member, student, co-worker, superior, client or vendor of the University or other non-employee who conducts business with the University, shall promptly report the incident, either verbally or in writing. A student should report matters of alleged discrimination, harassment and/or retaliation directly to the Department of Campus Safety and Protection, the Office of Residence Life and Housing or the Dean of Students. Employees should report matters of alleged discrimination, harassment and/or retaliation directly to the Director of Human Resources. All reports of discrimination, harassment or retaliation will be reduced to writing by the person receiving the complaint and generally will be signed by the complainant. The full and complete cooperation of the complainant is vitally necessary for the prompt and effective investigation and remediation of all harassment, discrimination or retaliation complaints. 72 Any employee or student who has been subjected to employment or academic related discrimination, harassment or retaliation by a non-employee should file a complaint. The Dean of Students and/or Director of Human Resources will investigate all allegations of discrimination, harassment and/or retaliation in as thorough, prompt, and confidential a manner as is reasonably possible. The University will undertake all investigations with due regard to the privacy of all parties involved consistent with a thorough and appropriate investigation. Resolving the Complaint Upon completing the investigation of discrimination, harassment and/or retaliation complaint, the University will communicate its findings and intended action to the complainant and alleged harasser. If the University determines after an investigation that there is no substantial basis to conclude that there has been discriminatory harassment in violation of this policy, the University will inform the complainant and the accused that a thorough investigation has been conducted and the University determined that there is no substantial basis to determine that there has been discriminatory harassment. If the University determines after an investigation that there is a substantial basis to conclude that there has been discriminatory harassment in violation of this policy, appropriate disciplinary action will be taken, commensurate with the University‘s judgment as to the seriousness of the particular offense, up to and including termination of employment or expulsion from the University. Disciplinary action may include one or more of the following: a verbal and written reprimand; referral to counseling; withholding of a promotion; reassignment; temporary suspension without pay; suspension from classes and student activities; financial penalties; and termination or expulsion. NOISE POLICY The primary purpose for being at Immaculata is to conduct learned inquiry. Such a task requires quiet interaction or silent research, reading, and study. There are times and places set aside for both the quiet interchange of ideas and noise-free scholarship. The library, classroom buildings, and University housing must provide a healthy environment conducive to scholarly pursuits. Excessive noise is inconsistent with these environments. The University takes very seriously its obligation to provide an atmosphere where students can study and exchange ideas. While quiet is the norm for classroom and library buildings, quiet hours have been established for University housing. University housing is the primary location where resident students both socialize and study. Quiet hours in University housing are Sunday through Thursday, 10:00 p.m. to 10:00 a.m. the 73 next day, Friday and Saturday, midnight until noon the next day. During Reading Day and Final Exams in December and April/May, 24 hour Quiet Hours will be in effect in all areas of University housing. Students will encourage each other to observe quiet in the designated buildings and during the appointed times. Should a staff member have to insist on quiet being observed, a disciplinary referral may result. Staff members may also disband groups and temporarily suspend visitation privileges if visitors are involved or if visitation will continue to aggravate the situation. In University housing, there are four levels of noise: total silence, quiet-hours level, non-quiethours level, and a noise level unacceptable at any time. A useful rule of thumb is this: if you, your guests, or your entertainment can be heard in the hallway, you are being too loud for quiet hours. If your activity can be heard on the other side of the building or on another floor, you are being too loud for non-quiet hours. Please keep in mind that each community member shares a responsibility in maintaining appropriate levels of noise. Courtesy hours are in effect 24 hours a day. This means that individuals should cooperate with any requests for quiet by Residence Life and Housing staff, other students, non-student neighbors in the apartment community, or any University official making the request. Violations of this policy may result in disciplinary action. OFF CAMPUS BEHAVIOR POLICY As a member of the local community, the University is committed to assisting neighborhood residents with the prevention of disruptive incidents that may arise from student behavior. Most students who visit or live temporarily in the local community make positive contributions, but all must understand the behavior expected of them as visitors or residents of these communities. Students should demonstrate respect and concern for all members of both communities and behave as responsible citizens. Furthermore, the University reserves the right to refer any student involved in disruptive or offensive behavior off campus to the University disciplinary system for investigation and action. Such behavior includes but is not limited to: excessive and/or unreasonable noise; rude and abusive language; disruptive activities; illegal use, sale and/or distribution of alcohol or other drugs; and related violations of local community standards. Discretion will be exercised with disciplinary action against students for off-campus violations. Mediation efforts to resolve disputes with neighbors and/or landlords normally will precede formal University action; however, students should understand that disciplinary investigation and charges will be initiated when the University‘s interest, reputation, and/or capacity to function as an academic community are involved. Violations of this policy may result in disciplinary action. PARENTAL NOTIFICATION POLICY Immaculata University, consistent with the provisions of the Family Educational Rights and Privacy Act, reserves the right to notify the parents or legal guardians of any student when: 74 a student is found to have violated the University regulations by committing an act of violence (including, but not limited to a forcible sex offense) or a non-forcible sex offense; a student under the age of twenty-one has violated University regulations concerning the use or possession of alcohol and or controlled substances; a student has been transported to the hospital due to the consumption of alcohol and/or other controlled substances; a student presents a danger to self or others; a student is hospitalized because they attempted to harm themselves or others. PARKING GUIDELINES POLICY Bringing a car to campus is a privilege, not a right. University officials may withdraw this privilege at any time for failure to comply with the motor vehicle policy set forth by the University. The responsibility for finding a legal parking space rests with the motor vehicle operator. Violations of this policy may result in disciplinary action. The following parking regulations are in effect 24 hours a day, 7 days a week. Students taking three (3) credits or more on campus must obtain a parking permit regardless of parking locations, or class schedules. The present parking permit fee is $25 for an academic year, or $15 a semester. The replacement fee is $10. All vehicles utilized by faculty, administration, employees are required to obtain an Immaculata University parking permit. Parking registration is done in person at the One Card/Parking Permit office, located in Nazareth Hall room #7. Payment for the permit will be in cash, check, money order, credit or debit. Students attending the summer session (unless already in possession of a valid permit) will also be required to purchase a parking permit. All permits expire at the end of the appropriate session. Permits are issued to a specific individual and are not-transferable to another person. Lost or Stolen Permits – If a vehicle is sold or involved in an incident which will prevent the vehicle‘s return to campus, the permit must be removed and returned to the One Card/Parking Permit office to receive a new permit for a $10 replacement fee. It is the responsibility of the permit holder to safeguard his/her property by keeping the vehicles locked at all times. A lost or stolen permit must be reported, in person, to the One Card/Parking Permit office, as soon as possible. Persons displaying a lost/stolen permit will be subject to loss of parking privileges. Pedestrians have the right of way at all times. All vehicles are to be operated with extreme caution at no more than 15 miles per hour on University roadways and in parking lots. 75 All vehicles are parked on university property at the owner‘s risk. The University assumes no responsibility for damage or loss resulting from towing, vandalism, fire, theft or natural disasters. Weather conditions do not alter parking regulations except during official snow emergencies to be declared by the University administration. During declared snow emergencies, vehicles will be required to vacate University parking lots for snow removal. Posted signs take precedence over published materials. Visitors and overnight guests are the responsibility of the person they are visiting. Those persons should arrange for a temporary parking permit, at no charge, with the Department of Campus Safety and Protection and inform their guests of legal parking areas. Each of the Immaculata University parking lots has designated usage. Vehicles illegally parked will be ticketed and fined according to published materials. Fines are to be paid in the One Card/Parking Permit office within 10 days of issuance. Fines may be collected via administrative procedures to include denial receiving commencement ceremony guest tickets as well as diplomas and transcripts. A person who believes that he/she has unjustly received a violation for a University parking regulation may appeal the violation. Appeals must be made within ten (10) business days of the offense at the One Card/Parking Permit office. Appeal forms are available at the One Card/Parking Permit office or print out the appeal form on-line from the Campus Safety and Protection website. Appeals will be reviewed and ruled upon by the Traffic and Parking Appeals Committee. The committee‘s decision of any appeal will be final. Any vehicle parking or standing so as to obstruct or impede a normal flow of traffic, block an entrance or exit way, loading zone, fire lane/gates, or that in any way presents a safety or traffic hazard, is parked in a space posted as reserved for a University official, or is otherwise parked illegally or in violation of these regulations may be immobilized or removed by towing the vehicle at the owner‘s/operator‘s expense, and may be subject to student conduct procedures. Parking spaces designated for official university vehicles are restricted to Campus Safety and Protection, IHM vehicles or service vehicles owned by the University. Vehicles that have been issued multiple citations, paid or unpaid, are subject to being immobilized or towed away at the owner‘s/operator‘s expense. The University reserves the right to revoke an individual‘s parking privilege due to excessive citations. Immaculata University is private property. Section 3353 of the Pennsylvania vehicle code allows the towing of unauthorized vehicles from private property. Towing may take place 24 hours a day. Vehicles may be moved to facilitate the removal of snow under the auspices of the Physical Plant office. 76 A vehicle parked on University property for a protracted period of time, with or without a valid registration being displayed, will be deemed to have been abandoned and will be towed at the owner‘s/permit holder‘s expense. Vehicles must be parked within the lines of demarcation of parking spaces and must comply with all signage. The University, having marked all approved spaces, is under no obligation to mark all areas where parking is prohibited. Unauthorized use of handicapped parking spaces is subject to fines from both Immaculata Campus Safety and Protection officers and East Whiteland Township Police. Faculty/employee permits may be used only by those persons to whom the permit is registered. Sons or daughters may not use their parent‘s parking permit to park on campus. PHYSICAL HARM POLICY Any student who intentionally inflicts or attempts to inflict, or conspires to inflict bodily harm upon any person or threatens to do the same; or takes any action for the purpose of inflicting bodily harm; or takes any reckless, but not accidental, action which results in bodily harm or could result in bodily harm to any person may face disciplinary action. POLITICAL ACTIVITY POLICY Every individual associated with Immaculata University has the right to organize and join political clubs/organizations and to advocate political opinions. Any individual student who chooses to advocate on behalf of any candidate or political party has the right to do so within the guidelines of University policies. Any individual student who wishes to sponsor political activities on campus must do so through a club, organization or department recognized by and in good standing with the University. Individual students cannot sponsor political events, programs or organizations on campus. All political expression and activity must clearly state that they are the views of the individual or club/organization and not those of the University. Student Club/Organizations Any student club/organization with a political association must abide by the following guidelines: No student club/organization will negatively represent any opposing political party and/or person. All publications with a political connotation must be in line with the current University Posting Policy. 77 No monies allocated from the Student Activities Fee can be used to promote a political party and/or person. The political club‘s/organization‘s name must be clearly identified in all advertisements and promotional materials sponsored by that club/organization. All political events, programs or organizations and/or any member of a political party who speaks or solicits on campus must be in line with the Speakers Policy. Violations of this policy may result in disciplinary action. POSTING AND ADVERTISING POLICY Advertising special events and meetings is a key factor in the success of the University‘s activities. There are certain courtesies regarding the posting of publicity items on campus and on the University network. The Dean of Students Office or Director of Student Activities and Leadership must grant approval of publicity materials prior to posting. Unapproved materials will be removed without notice. To provide fair and reasonable access to all posting venues for all constituents and to ensure a standard of appropriateness for posted material based on the University‘s mission, the following Posting Policy has been established. Posters, flyers, and electronic announcements are subject to a standard of ―not socially offensive‖ set forth by the Mission of Immaculata University (such as no personal attacks or obscenity). Advertising may not depict characterization of alcohol or other drugs The name of the sponsoring organization(s) must appear on the posted material. All pertinent information regarding the activity (who, what, when, where) must appear on the posted material Posters and flyers may not be posted on painted surfaces or departmental bulletin boards; departmental bulletin boards are the responsibility of the department to ensure that the materials remain up to date Posters and flyers may not be posted within stairwells or on glass surfaces, because doing so will block vision or cause a safety hazard Posters and flyers may not be attached to light fixtures, sculptures, and statues Individuals who post materials are responsible for removing these materials by the expiration date stamped on the flyer. The University will remove electronic postings in a timely manner Courtesy dictates that organizations may not cover or remove any other approved poster(s) if the expiration date has not passed Chalking is not permitted on exterior surfaces of buildings, light fixtures, park benches, sculptures, statues, trash receptacles, or under building overhangs Flyers must be dated no earlier than six weeks before the program/event Violations of this policy may result in disciplinary action. 78 RACIAL INCIDENTS POLICY It is the policy of Immaculata University to maintain an environment free of racial incidents and harassment against students on the basis of race, color or national origin. Racial harassment includes: Racially-based conduct consisting of different treatment of students on the basis of race, color and or national origin (or) The existence of a racially-hostile environment. Such conduct or hostility is inconsistent with federal law and the University‘s objective to provide a non-discriminatory environment and will not be tolerated. Individuals who engage in racial harassment are subject to the full range of sanctions outlined in the University Student Code of Conduct. Any questions or concerns regarding racial harassment in the University community should be directed to the Dean of Students or the Department of Campus Safety and Protection. If it is determined that racial harassment or other inappropriate conduct has occurred, the University will take reasonable steps to eliminate such conduct and will attempt to prevent its recurrence. The State of Pennsylvania considers certain crimes to be more serious when motivated by hatred or malice toward race, color, religion or national origin of another group. These underlying offenses include but are not limited to: crimes against persons such as harassment, terroristic threats, and assaults. Victims should immediately report any such activities or crimes to the Department of Campus Safety and Protection, as well as to the local police department. ROOF/FIRE ESCAPE ACCESS POLICY If an area is marked as an emergency exit, the area should only be entered during a fire alarm or other emergency and should be followed by notification to the Department of Campus Safety and Protection. For safety reasons, individuals are prohibited from general access or entry onto any roof, overhang or fire escape in University housing or any University building. Individuals found in violations will be held accountable and disciplinary action may result. SEXUAL ACTIVITY POLICY As a Catholic institution of higher education, Immaculata University adheres to the Church‘s teachings with respect to sexual relationships, specifically, that a genuine and complete expression of love through sexual union requires a commitment to living and sharing of two persons in marriage. For that reason, the University reserves the right to take action under the Student Code of Conduct for students found in violation of this policy, particularly in those cases that involve disruption to roommates or the residential community. 79 SEXUAL ASSAULT Immaculata University is committed to providing a campus environment which fosters mutual respect and concern for the entire community. An egregious violation of our community, or of the dignity of any member of the community, is an act of sexual assault. Sexual assault is defined as any non-consensual sexual behavior. Immaculata University will not tolerate sexual assault in any form, including date/acquaintance rape. Where there is reason to believe that Immaculata University‘s regulations prohibiting sexual assault have been violated, the University will pursue strong disciplinary action through its own campus conduct system. Both rape and an attempted rape constitute the deepest affront to University standards, and thus a violation of this policy may result in disciplinary action as well as reporting to appropriate authorities. Individuals may file a complaint with the Department of Campus Safety and Protection, Lourdes Hall, or by calling ext. 5555. These policies on sexual assault in any form apply to any member of the Immaculata University community and are not limited to Immaculata students. A student or employee charged with sexual assault or certain forms of violent behavior may also be prosecuted under the Crimes Code of Pennsylvania. Even if criminal justice authorities choose not to prosecute, the University may pursue disciplinary action taking into account the wishes of the victim. Sexual assault is: 1. Any sexual physical contact that involves the use or threat of force or violence or any other form of coercion or intimidation. 2. Any sexual physical contact/indecent contact with another person without that person‘s consent, or any such contact with a person who is unable to consent due to incapacity or impairment, mental or physical. ―Incapacity‖ or ―impairment‖ normally includes, but is not limited to: being under the influence of alcohol or drugs. 3. Any violation of the Pennsylvania Crimes Code set forth below. The following lists the Pennsylvania statutes on rape, statutory rape, indecent assault, etc. Rape includes ―stranger rape‖ and ―acquaintance‖ or ―date rape‖ (in which the assailant and victim know each other). Offenses Rape (Section 3121) A person commits a felony of the first degree when he or she engages in sexual intercourse with a complainant: 1. by forcible compulsion; 2. by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; 80 3. who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring; 4. where the person has substantially impaired the complainant‘s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; 5. who suffers from a mental disability which renders the complainant incapable of consent; 6. who is less than 13 years of age. Statutory Sexual Assault (Section 3122.1) Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other. Involuntary Deviate Sexual Intercourse (Section 3123) A. A person commits a felony of the first degree when he or she engages in deviate sexual intercourse with a complainant: 1. by forcible compulsion; 2. by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; 3. who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring; 4. where the person has substantially impaired the complainant‘s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; 5. who suffers from a mental disability which renders him or her incapable of consent; 6. who is less than 13 years of age; 7. who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other. B. As used in this section, the term ―forcible compulsion‖ includes, but is not limited to: compulsion resulting in another person‘s death, whether the death occurred before, during or after the sexual intercourse. Sexual Assault (Section 3124.1) Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant‘s consent. Aggravated Indecent Assault (Section 3125) 81 Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person‘s body for any purpose other than of good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault, a felony of the second degree, if: 1. the person does so without the complainant‘s consent; 2. the person does so by forcible compulsion; 3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; 4. the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring; 5. the person has substantially impaired the complainant‘s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; 6. the complainant suffers from a mental disability which renders him or her incapable of consent; 7. the complainant is less than 13 years of age; or 8. the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. Indecent Assault (Section 3126) A. A person who has indecent contact with the complainant or causes the complainant to have indecent contact with the person is guilty of indecent assault if: 1. the person does so without the complainant‘s consent; 2. the person does so by forcible compulsion; 3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; 4. the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring; 5. the person has substantially impaired the complainant‘s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; 6. the complainant suffers from a mental disability which renders him or her incapable of consent; 7. the complainant is less than 13 years of age; or 8. the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. B. Indecent assault under subsection (A) (7) is a misdemeanor of the first degree. Otherwise, indecent assault is a misdemeanor of the second degree. Indecent Exposure (Section 3127) 82 A. A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm. B. If the person knows or should have known that any of the persons present are less than 16 years of age, indecent exposure under subsection (A) is a misdemeanor of the first degree. Otherwise, indecent exposure under subsection (A) is a misdemeanor of the second degree. SEXUAL EXPLOITATION Sexual exploitation is an act or omission to act that involves a student or students taking nonconsensual, unjust, humiliating or abusive sexual advantage of another, either for his or her own advantage or to benefit anyone other than the one being exploited. Examples of sexual exploitation include but are not limited to the following: 1. Creating pictures, movies, web cam, tape recording, graphic written narrative or other means of memorializing sexual behavior or a state of undress of another person without the other‘s knowledge and consent; 2. Sharing items described in paragraph (1) above, beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only; 3. Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and consent of that person; 4. ―Peeping Tom‖/Voyeuristic behaviors; 5. Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior; 6. Engaging in or attempting to engage others in ―escort services‖ or ―dating services‖ which include or encourage in any way sexual behavior in exchange for money; 7. Surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; (and ) 8. Causing another person to be exposed to pornographic material without the person‘s advance knowledge or consent. Sexual exploitation will not be tolerated at the University. Violations of this policy may result in disciplinary action. SPEAKERS POLICY Immaculata University, a private Catholic University, sees it consistent with its mission to provide a forum for the free and responsible exchange of ideas. The policy is implemented by the President of the University. Sponsoring of guest speakers does not necessarily imply approval or endorsement of the views expressed by the speaker. The University adopts and enforces rules and regulations as it may deem necessary and proper in regard to the issuance of invitations to outside or off-campus speakers. Special guest lecturers may speak on scholarly or scientific 83 topics before classes, seminars or other academic meetings with the permission of the Vice Presidents or Deans of the University acting under the authority of the President of the University. A request to invite an outside or off-campus speaker made by a recognized organization shall be denied if the Vice Presidents, Deans or the President determines, after proper inquiry, that the proposed speech will constitute a clear and present reasonable apprehension of imminent danger to the normal activities and the essential purpose of the University mission. Violations of this policy may result in disciplinary action. THEFT, ATTEMPTED THEFT POLICY Theft of property, attempted theft of property, possession of stolen property, or conspiracy to steal is subject to the full range of sanctions outlined in the Student Code of Conduct. The appropriation of, attempt to appropriate, or conspiracy to appropriate University property for private use, including but not limited to such items as: dining room equipment, laboratory equipment, furniture, library books, cable and telephone systems, and University Housing space is subject to the full range of sanctions outlined in the Student Code of Conduct. The unauthorized use of or attempted use of an identification card, credit card, debit card, telephone card, check or the like, to purchase goods or services or to obtain property are subject to the full range of sanctions outlined in the Student Code of Conduct. Violations of this policy may result in disciplinary action. TOWING AND VEHICLE IMMOBILIZATION POLICY Violation of Immaculata University‘s vehicle registration/parking program policies can result in the ticketing, wheel immobilization, and/or towing of vehicles. Immaculata University reserves the right to tow any vehicle which obstructs emergency services or has been ticketed three or more times. All towing or storage fees are the sole responsibility of the driver/owner. A vehicle parked on university property for a protracted period of time, with or without a valid registration being displayed, will be deemed to have been abandoned and will be towed at the owner‘s/permit holder‘s expense. After a vehicle has an unpaid ticket history of three or more tickets, the vehicle is subject to immobilization. The immobilization device as well as the fourth ticket will be placed on the vehicle. The owner of the vehicle must pay the full amount of unpaid parking violations (including the fourth ticket) in order for the immobilization device to be removed. Attempting to move a vehicle with an immobilization device in place may result in serious damage to the vehicle. Immaculata University is not responsible for any damage to vehicles that are moved while the immobilization device is in place. 84 TRAFFIC AND PARKING APPEALS POLICY A person who believes that he or she has unjustly received a violation for a University parking regulation may appeal the violation. All appeals of parking violations will be governed by the parking rules and regulations of Immaculata University. Lack of knowledge or unfamiliarity with Immaculata rules and regulations is not considered a valid reason for an appeal. An appeal will be denied if the basis for the appeal is based on, one of the following: Lack of knowledge/understanding of the regulations; Unavailable legal parking space; Improper display or failure to display the current parking hang-tag or decal; Inclement weather; Late arrival for class, meeting, or appointment; Parking in a handicapped space without the appropriate State documentation. All appeals must be submitted on the proper appeal form available at the One Card/Parking Office located at Nazareth Hall # 7 and must indicate the reason(s) for the appeal. A copy of the ticket must accompany the appeal. Appeals must be made within ten (10) business days of the offense at the Department of Campus Safety and Protection. Any appeal received after the ten (10) business day limit will NOT be considered, the right to appeal will have been forfeited. Appeals are reviewed and ruled upon by the Traffic and Parking Appeals Committee comprised of one supervisor in the Department of Campus Safety and Protection (non-voting member), one staff member in the Department of Campus Safety and Protection department, one faculty member, one employee/staff member, and one student. In the event of a tie in the appeal process, the supervisor of the Department of Campus Safety and Protection will become a voting member of the Traffic and Parking Appeals Committee. The Traffic and Parking Appeals Committee‘s decision of any appeal is final. The appeals review meeting will be conducted once a month. The committee will not meet during the summer months. The decision of the Traffic and Parking Appeals Committee will be communicated to the appellant in writing. UNPAID PARKING VIOLATIONS POLICY Student fines not paid after fifteen (15) days, unless an appeal is on file, will be automatically applied to the student‘s account (Also see Traffic and Parking Appeals Policy). Violations of this policy may result in disciplinary action. VANDALISM POLICY (DESTRUCTION OR ATTEMPTED DESTRUCTION OF PROPERTY) Intentionally, recklessly or negligently destroying, defacing or tampering with University property or the property of another is prohibited, as is the attempt to or conspiracy to damage, destroy, etc. Damage, which is caused accidentally, should be promptly reported to a Resident Assistant or an appropriate official of the University. Failure to report accidental damage will be considered a violation of this policy. 85 Tampering with, in any way, an access reader or supporting equipment (door latches, wiring, alarms and /or security boxes) may result in disciplinary action. VENDOR POLICY Vendors wishing to sell their merchandise on campus must receive approval of merchandise to be sold through the Events Reservations Department. Vendors are subject to daily charges payable in advance of the start of sales. Vendor sales are limited to designated areas in the Commuter Entrance lobby in Nazareth Hall. Approval will not be granted for credit card vendors. VIOLENCE POLICY Physical assault, threatening behavior or threats or obscenities (whether written, verbal, electronic, or otherwise) directed at faculty, students, staff, vendors, visitors, oneself, or property will not be tolerated. This policy applies to any physical assaults, threatening behavior, threats or obscenities made in any part of University owned or leased property, at University related events, or under other circumstances that may negatively affect the ability of the University to fulfill its educational mission. Included in this prohibition are threats of violence whether made directly or indirectly, and words, gestures or symbols that infringe on the University‘s ability to provide a safe place for its faculty, students, staff, vendors and visitors. Immaculata defines violence in the following ways and therefore, prohibits: a. The use of physical force with intent to commit harm. This includes, but is not limited to: homicides, forcible sex offenses, kidnapping, assault, robbery, menacing, reckless endangerment, harassment and disorderly conduct. b. Any acts or threats that are intended to (or) recklessly intimidate, coerce or cause fear of harm; c. Acts or threats of violence made directly or indirectly by word gestures or symbols; a. Theft or destruction of property. This policy applies to any part of University owned or leased property, including: a. The physical premises of Immaculata University in East Whiteland Township, Chester County, as well as any other premises owned or controlled by Immaculata University. b. All other properties that may be rented or leased by Immaculata University; c. Motor vehicles that are owned or leased by Immaculata University; d. Any location, either permanent or temporary, where faculty and/or students perform any University related activity, including but not limited to: University buildings, the 86 surrounding perimeters, parking lots and athletic fields; University homes; locations off campus visited in the course of University sponsored athletic and/or educational activities, such as a study abroad program or an athletic venue at another institution and traveling to and from athletic and/or educational programs; e. Any location, either permanent or temporary, where a student performs any work-related duty for the University, including but not limited to: University buildings, the locations off campus where a student performs his or her work assignments, such as an athletic venue at another institution; and traveling to and from work assignments; f. Extensions of the physical premises in the case of incidents that begin on campus or at a University related event and proceed off-premises, e.g., stalking. Violation of this policy may result in University disciplinary action under the Student Code of Conduct and/or criminal prosecution. Any member of the University community observing behavior that is in violation of the University‘s violence policy, or that could reasonably be interpreted as a precursor to an act of violence or intimidation, shall make an immediate report to the Department of Campus Safety and Protection. WEAPONS POLICY The possession or use of a firearm or other dangerous weapon in any part of university owned or leased property by unauthorized persons is strictly prohibited. This policy is an effort to reduce the probability of violence and injury to all who constitute the Immaculata University community. This prohibition conforms to the Pennsylvania Uniform Firearms Act, Chapter 61 and Section 2301 of the Pennsylvania Crimes code, which defines a deadly weapon as any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury or any other device or instrument which, in a manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury. Weapons include, but are not limited to , any pistol, revolver, long gun, bow and arrow or crossbow or other device designed or intended to propel a missile of any kind; any dirk, bowie, switchblade knife, ballistic knife, pocket knife with blade in excess of three inches, straight razor or other instrument commonly known as an ‗edged weapon‘; any slingshot, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely,(which may be known as nun-chahka, nun chuck, nunchaku, shuriken, or fighting chain); any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled (which may be known as a throwing star or oriental dart); and any hunting boomerang; any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury. Also prohibited are any paintball, carbon dioxide and spring propelled guns. This list is not intended to list all possible weapons; final determination is at the discretion of the University. Those who have been issued a government permit to carry a concealed firearm may not bring the firearm on campus or to any University sponsored events held off campus. Authorized law 87 enforcement personnel, and members of the United States armed forces, may possess a firearm on University owned property while they are on duty. No person shall carry, maintain, or store a weapon, concealed or otherwise, on any property owned, leased, or controlled by Immaculata University. This policy applies to weapons carried about the person and maintenance or storage of any weapon in any part of University or leased property. This includes vehicles parked on University or leased parking lots. There may be theatrical productions, displays, props used in plays, props used in class presentations or educational workshops that may appear to violate the letter of the law, but this is not the intent of this policy. In such cases, written approval, granting permissible use of the props, from the Director of Campus Safety and Protection is required before the activity may take place. Those responsible for the activity must remove the props from the university property at the end of the term of the permission. The Director of Campus Safety and Protection will undertake to notify the campus community that a weapon will be allowed on campus for the purpose and duration of the permission granted. Any Immaculata University student, faculty, or staff member in violation of this policy may be subject to disciplinary action. Sanctions will be commensurate with the severity and/or frequency of the offense. 88 Section III - Ecological/Facilities Policies CLEAN AIR POLICY The scientific findings, as summarized by the United States Surgeon General and the Environmental Protection Agency, indicate that the simple separation of buildings into ―smoking‖ and ―non-smoking‖ sections does not do enough to eliminate environmental tobacco smoke (ETS). In light of the health hazards associated with tobacco smoke for smokers and non-smokers alike, Immaculata University has adopted the following smoke-free policy: All buildings, including academic, administrative, University Housing, dining service and mixed-use facilities and all vehicles which are owned, operated or leased by Immaculata University, will be entirely smoke-free. The smoke-free policy will apply to all indoor air space, including all common areas and individually assigned spaces. Smokers are asked to deposit cigarettes in containers, not on the ground. Vice presidents, deans, directors and supervisors are responsible for enforcing this policy with staff, faculty, students and visitors. Implementation of this policy will require everyone‘s cooperation. Violations of this policy may result in disciplinary action. A list of smoking cessation programs available to the Immaculata community may be obtained from Student Health Services. ELEVATOR ACCESS POLICY Elevators serve both a convenient and practical purpose for University residents, visitors and employees. In case of a fire or fire alarm activation do not use the elevator. The elevator will not function. When an elevator fails to operate and someone is trapped inside, the following steps should be taken by the person responding to the alarm bell: 1. Try to calm the trapped person(s). Do not try to extricate the person(s). Tell him or her to sit in the middle of the cab and reassure the person that the elevator will not drop because it is hydraulically controlled. 2. Contact the Department of Campus Safety and Protection. Misuse of elevator access may result in disciplinary action. 89 ENVIRONMENTAL POLICY Immaculata University is committed to conservation and protecting the environment. The Immaculata Community is encouraged to: Recycle Paper, plastic, aluminum, glass and cardboard Conserve energy Careful use of electricity; turn off lights and appliances when not in use Responsible use of heat in the winter Save water Minimize hot water use Minimize waste of water in daily living Refrain from dumping toxic products down the drain Maintain good indoor air quality Abide by the Clean Air Policy Allow for proper ventilation Avoid the use of toxic products Use laundry products that are non-toxic Use personal care products that are non-toxic Buy and use only those products that are least harmful to the environment FIRE REGULATIONS The University complies with all relevant civil laws as well as additional regulations recommended by East Whiteland Township Fire Marshal. Upon discovering a fire, no matter how small, the alarm should be pulled. Fires in University buildings, other than residence areas, may require attention to additional procedures other than those outlined below. If in a laboratory, kitchen, shop, boiler or mechanical room, turn off all gas, oxygen, or air jet valves; turn off valves on all oxygen and combustible gas (i.e. acetylene) tanks; shut down all electrical equipment, power tools or appliances. Fires in residence areas require attention to the following: All students must evacuate the building and go to the proper staging area. Use the nearest exit to leave the building. The elevators will automatically go to the ground floor when the fire alarm is activated; therefore use the stairs. Students are not permitted to re-enter the building until directed to do so by a Safety Officer, after consulting with the fire chief or the individual acting on the fire chief‘s behalf, from the responding fire department. This person has the final say about reentering the building from which the alarm or fire emanated. The fire department is in control, not the Department of Campus Safety and Protection or the Administration of the University. 90 For fire safety reasons, the following are prohibited in University housing: cut Christmas trees, candles or any open flame (including incense), potpourri, propane tanks, fireworks and halogen lamps. The following are prohibited in residence hall rooms: flame based stoves, and hot plates. The storage or use of flammable liquids, such as gasoline, kerosene, etc. is strictly prohibited. No items are permitted in corridors, stairwells, or entry ways. Keep aisles, exits, and exit signs clear of obstructions so that you can exit quickly. Do not wedge open the door. If you do, this will speed up the spread of smoke. ESCAPE PLAN: 1. 2. 3. 4. Know your closest emergency exit. Be aware of alternative exits in the event smoke or fire blocks closest exit. Be familiar with alarm locations and methods of activation. Elevators should not be used for fire evacuations. The power may fail in transit or a door may open upon leveling and stopping on a floor where smoke, fumes or fire is present, exposing car occupant to lethal conditions. FIRE ALARM BUILDING EVACUATION STAGING AREAS When the fire alarm is activated, exit the building immediately using the nearest exit. After exiting the building report to the staging areas listed below, which are based on the residence hall floor that you are assigned. Visitors should report to the area assigned to their host. University staff will provide further instructions in those areas. DeChantal/Marian Hall Staging Areas: Residents of DC Terrace, DC 1st Floor, DC 1st Connector, MH Terrace, MH 1st Floor and MH 1st Connector – North section of the Lourdes Hall parking lot (Lot ―D‖) Residents of DC 2nd Floor, DC 2nd Connector, DC 3rd Floor, DC 3rd Connector, MH 2nd Floor and MH 3rd Floor – Back campus by the Stations of the Cross Lourdes/Villa Maria Hall Staging Areas: Residents of LD 4th Floor, LD 3rd Floor, LD 2nd floor, Great Hall, VM terrace west, VM 1st floor west, VM 2nd floor west, and VM 3rd floor west – Back campus by the Stations of the Cross Residents of LD terrace, LD 1st floor, VM 1st floor east, VM 2nd east and VM 3rd east - north section of the Lourdes parking lot (Lot D) Gillet Hall Staging Area: Back campus by the Stations of the Cross Faculty Center/Loyola Hall/Alumnae Hall Staging Areas: Courtyard areas between Alumnae Hall and Loyola Hall DM3\948233.2 91 Good Counsel Hall Staging Area: The patio in front of the Gabrielle library Gabrielle Library Staging Area: The walkway (patio) in front of the east side of Loyola Hall IF YOU ARE IN A BURNING BUILDING: 1. Avoid panic. 2. Evacuate immediately. 3. Smoke or heated air can kill. Crawl if you get caught, cleaner air is near the floor. Take short breaths and if possible, cover face with a wet cloth. Before passing through the door, test it. If the door is warm or the knob is hot, use an alternative route. After passing through a door or window, close it: openings allow horizontal spread of fire. 4. If trapped in a room, if possible, open the window from the top to let out heat and smoke, open windows from the bottom to let in fresh air: if you cannot exit through the window, stuff cracks and vents to keep out smoke. If there is a phone in the room, phone the Department of Campus Safety and Protection and give your exact location even if they are on the scene. Signal from the window. 5. If you are able to exit, go to the nearest stairs, but do not use an elevator. After evacuating building, stand clear of it. Never re-enter a burning building. Allow fire equipment to maneuver around building. Remain outside until signaled by the proper authority to re-enter. SMALL FIRES: 1. Don‘t panic; keep calm. 2. Notify the Department of Campus Safety and Protection by activating fire alarm pull station or calling extension 5555 for the Department of Campus Safety and Protection. 3. When calling give brief, accurate and detailed information. 4. Keep near the door so you can escape. 5. Floor fires sweep from edge in. 6. Wall fires sweep from bottom up. 7. Avoid being trapped; stay outside closets, dead end hallways, or other confined areas. 8. Ventilate only after fire is out. LARGE/UNMANAGEABLE FIRES: 1. 2. 3. 4. Send alarm by telephone or alarm pull station. Close all doors and windows if possible. Do not turn off lights. If at night, turn on lights as you depart building. Get out of building. DM3\948233.2 92 FALSE ALARMS AND FIRE DRILLS: 1. No student shall pull a fire alarm except in case of an actual fire. 2. No student shall disregard a fire alarm signal or refuse to evacuate a building. 3. No student shall enter or exit from a fire escape except during a fire drill or in the case of an actual fire. 4. Failure to comply with the aforementioned False Alarms and Fire Drills regulations may result in disciplinary sanctions. FIRE SUPPRESSION/DETECTION EQUIPMENT No student shall, without authorization, operate, tamper with or otherwise misuse any fire suppression equipment, except for the purpose of extinguishing a fire. No student shall tamper with or otherwise misuse any fire detection or early warning devices, emergency lighting or evacuation systems. Failure to comply with the aforementioned Fire Suppression/Detection Equipment regulations may result in disciplinary sanctions. GROUNDS AND FACILITIES ACCESS POLICY University housing is not open to the public. The athletic and library facilities along with cultural enrichment programs and various other activities are open to the general public. The Department of Campus Safety and Protection is responsible for locking and unlocking all campus buildings based on use, class schedules, and special events. Students, staff, and faculty members are required to have appropriate departmental authorization and valid id to be in any academic building after closing and authorization should be cleared through the Department of Campus Safety and Protection. Visitors to the campus seeking access to campus buildings and facilities for special events must do so through the appropriate department, the Department of Campus Safety and Protection, or Public Relations Office. Campus facilities and grounds are maintained to promote a safe and secure environment. Specifications recommended by suppliers are used for outside lighting in areas frequented by students. Plants and shrubbery are trimmed down to low levels wherever possible. Grounds crews attempt to keep the campus free of barriers and material that would hamper the safety of people living on or visiting the campus. Safety personnel check daily for burnt out lights, which are reported at once to the Facilities Office. DM3\948233.2 93 Section IV – Psychological Policies DESTRUCTIVE BEHAVIORS POLICY The University will pursue a course of action designed to promote the well being and academic success of the student, protect the welfare of the University community, and demonstrate respect for and compliance with federal and state laws. Students who engage in self destructive behaviors (such as, but not limited to, eating disorders, substance abuse, self-injury) are encouraged to seek help through Counseling Services. At times a student who is deemed a danger to self (medically or psychologically) may be required to seek medical attention/assessment by a psychiatrist or licensed mental health provider as per the recommendation of the Director of Counseling Services and/or the Director of Student Health Services. STANDARD OF SELF-WELFARE POLICY Immaculata University is concerned about the physical, mental, emotional, and spiritual welfare of its students. The University also expects and encourages students to maintain a reasonable concern for their own self-welfare. Self-welfare includes: awareness - knowing your own needs making healthy lifestyle choices - eating well, exercising, getting plenty of rest, taking medications as prescribed recognizing warning signs that you might be at risk and seeking out help by contacting a University service provider: Counseling Services, Student Health Services, Safety and Protection, Academic Support, Mission and Ministry, etc. Recognizing that self-destructive behaviors or behaviors that could cause harm to others or the community must be addressed by appropriate University personnel and when needed, a psychiatrist or licensed mental health provider IU is concerned about all students who engage in self-injurious/self-destructive behavior and are demonstrating a difficulty in caring for themselves. In addition, the University views any suicidal ideation, threats, or attempts as an indication of problems which are beyond the student‘s immediate psychological resources, and are likely to interfere with his or her ability to make positive choices and to perform academically. It is the policy of Immaculata University to treat all suicidal ideation, threats, or attempts as serious. The University also recognizes that others in the campus community are affected by suicidal ideation, threats and attempts, and the University is committed to addressing the needs of all members of the community. Reports of suicidal threats or attempts should be presented immediately: By dialing 911 to notify local authorities, who will respond according to their DM3\948233.2 94 protocols; or, By notifying the Department of Campus Safety and Protection at ext. 5555. Once notified, Campus Safety and Protection will contact Immaculata University Counseling Services.. Any student or member of Immaculata‘s staff/faculty should report a suicidal threat or attempt. The Director of Immaculata University Counseling Services will investigate all reports to determine their credibility in a timely manner. When the office is closed, an on call counseling services counselor can be reached through the Department of Campus Safety and Protection. In the event that the University is presented with a credible report that a student has threatened or attempted suicide, engaged in efforts to prepare to commit suicide or expressed a preoccupation with suicide, that student will be required to have an assessment done by an Immaculata University Counseling Services Counselor or an equally qualified off-campus mental health practitioner (at the student‘s expense). The purpose of this assessment is to evaluate the student‘s current mental status and level of risk to self or others and to make appropriate follow-up recommendations including type of treatment needed. Similarly, if the University is in receipt of a credible report that a student has threatened to harm others, he/she will be required to have an assessment completed by a counselor from Immaculata University Counseling Services or by an equally, qualified off-campus mental health practitioner (at the student‘s expense). The purpose of the assessment is to evaluate the student‘s mental health status and level of risk to others and to make appropriate recommendations including type of treatment needed. Any concerns about safety of others should be reported directly to Campus Safety and Protection at ext. 5555; Immaculata University Counseling Services will then be notified by Campus Safety and Protection staff. When a student presents a danger to self or others the University reserves the right to notify parents or legal guardians via the Parental Notification Policy. When students are assessed because they attempted to harm themselves or others they will be bound to follow the procedures outlined in Section IV – Psychological Policies of the Student Handbook. RETURN TO CAMPUS POLICY This policy is for students who have left campus for a psychiatric/psychological evaluation or taken a psychiatric/psychological leave of absence/stop out because they were considered a threat to self, others, or property and have been: voluntarily or involuntarily hospitalized for psychiatric care or left school to receive psychiatric/psychological care; and/or asked because of concerns about self-welfare to leave the University by the Vice President for Student Development and Engagement, Dean of Students (or designee) and/or Director of Immaculata University Counseling Services or other counseling professional personnel; and/or taken from campus via ambulance, police, or family/friend for a DM3\948233.2 95 psychological/psychiatric emergency. Any student who returns to campus after any of these circumstances will be required to provide documentation of readiness to return to campus as described below. This documentation will indicate the student is no longer a threat to himself/herself or others and will include an assessment and recommendations for follow up care, if applicable. The assessment shall be in the form of: 1. Documentation from a psychiatrist and/or licensed mental health professional. The Immaculata University Counseling Services department will make the decision on an individual case-by-case basis as to the documentation necessary. Such documentation likely to be requested includes: impressions and/or a diagnostic statements including the date of the most recent evaluation the current impact of, or functional limitations imposed by the student‘s condition (i.e. whether the student can/cannot attend classes or return to the residence halls) treatments, services and/or medications prescribed and their effectiveness length of treatment prior to the student‘s return the expected duration, stability or progression of the treatment a treatment plan to include ongoing psychiatric and/or psychotherapeutic treatment 2. Interview(s) with the Director of Immaculata University Counseling Services and when appropriate the Director of Student Health Services and/or Director of Residence Life and Housing and/or the Dean of Students. The Dean of Students will then make a decision as to the student‘s ability to return and any conditions relating thereto, based upon information obtained in the above-referenced documentation letter(s) or interview(s). Please note, any outstanding issues with the University including but not limited to student conduct or academic requirements must also be resolved. The Dean of Students reserves the right to solicit such other information as may be necessary to make his/her decision. In the event a student is permitted to return to campus, as a condition of return, the student will acknowledge in writing his or her agreement to comply with any follow-up plan agreed to and will assume the responsibility to follow that agreement. In addition, even in the event a student is permitted to return to campus under this policy, a student remains subject to all other aspects of the Student Code of Conduct and other University procedures and policies. PROCEDURES FOR ALL PSYCHOLOGICAL POLICIES A. Process 1. When the University is in receipt of a credible report that a student has threatened or attempted suicide, engaged in efforts to prepare to commit suicide or expressed a DM3\948233.2 96 preoccupation with suicide or has exhibited behavior that could be a threat to others or the community, the student will be required to complete an assessment conducted by a counselor from Immaculata University Counseling Services or an equally qualified, licensed off-campus mental health practitioner (at the student‘s expense). The assessments will include a comprehensive and in-depth assessment of the precipitating incident, prior attempts and threats, current suicidal intent, current homicidal intent, and treatment plan. 2. A student may obtain an assessment with an off campus mental health practitioner at his or her own expense after signing an authorization allowing Immaculata University Counseling Services to communicate with that practitioner. 3. A licensed, off-campus mental health practitioner may be provided with independent sources of information regarding the suicidal incident or behavior directed toward others if such reports exist. These include suicide notes, Department of Campus Safety and Protection reports, Residence Life and Housing Reports, police reports, emergency room reports and eye witness accounts. Immaculata University Counseling Services will provide any such information to the private mental health practitioner. 4. Private practitioners will be required, during the period in which the assessment occurs, to provide Immaculata University Counseling Services with reports of instances in which the student threatened or attempted suicide, engaged in efforts to prepare to commit suicide or expressed a preoccupation with suicide, or presented ideas, thoughts, or plans to harm others. 5. During the first assessment appointment, the student will sign a release of authorization form allowing Immaculata University Counseling Services to communicate with the Vice-President for Student Development and Engagement and/or the Dean of Students in the event he/she fails to attend any of the assessment sessions. 6. If at any time during the course of the assessment sessions, Immaculata University Counseling Services believes that the student is a current danger to him/herself, the student must: a. voluntarily admit him/herself to an appropriate hospital for psychiatric evaluation; or b. contact family members who will remove the student from campus and accept responsibility for the student‘s welfare and for taking the student for a psychiatric evaluation. 7. If the student refuses options 6a or 6b, and the counselor believes the student is in imminent danger to self or others (based on observations or statements), the counselor will arrange for an involuntary commitment; the student will be transported to a hospital. The Vice-President for Student Development and Engagement, Dean of Students, and the student‘s family, legal guardian or emergency contact person will be notified. Witnesses to the student‘s dangerous behavior may be called upon to complete the involuntary DM3\948233.2 97 process. 8 In order to return to campus, the student must fully comply with the University‘s Return to Campus Policy. 9. Failure to adhere to this standard of self-welfare or failure to follow through with the assessment process, at any point from the initial contact with Immaculata University Counseling Services, may result in contact with parents or legal guardian, and further review by the University and possible refusal to be permitted to return to campus. 10. The appropriate actions associated with this policy will be determined by the Dean of Students. When indicated, the Dean of Students may implement a Interim Suspension. See Interim Suspension below in section D. B. Confidentiality 1. All counseling records associated with the reported incident are kept separately by Immaculata University Counseling Services and do not appear as part of the student's academic record. 2. All records associated with the mandated assessment are protected by state laws regarding confidentiality. C. Appeals 1. Psychological Policies are applied uniformly to all students who are deemed to be a danger to self or others. The requirement of an assessment is not subject to appeal. 2. The Vice President for Student Development and Engagement or his/her designee will hear appeals regarding decisions made by the Dean of Students about returning to campus or requirements to return to campus. All decisions made by the Vice President for Student Development and Engagement and/or his or her designee are final. The appealing party must file a typewritten appeal within two days of verbal notification by the Dean of Students of his or her decision. The written appeal must state the specific reason and justification for the appeal. He or she must schedule an appointment to discuss the appeal with the Vice President for Student Development and Engagement so that the appeal is held within 5 – 10 days of notification of the original decision. D. Interim Suspension and Appeal Process When indicated the Dean of Students may implement a Interim Suspension The Interim Suspension could be a complete removal from the University where the student would need to vacate University Housing, would not be able to attend academic classes nor allowed on any University property; or, the Interim Suspension could be a removal from University Housing and/or extracurricular activities, and designated University property but the student would still be DM3\948233.2 98 allowed to attend academic classes. PROCEDURES FOR APPEAL OF AN INTERIM SUSPENSION If a student disagrees with the Interim Suspension, s/he can request an appeal by stating so in a letter to the Vice President for Student Development and Engagement within twenty-four hours from the interim suspension notification. The Vice President for Student Development and Engagement or his/her designate will hear appeals regarding the interim suspension. The Vice President for Student Development and Engagement or his/her designee may accept the interim suspension as is, may dismiss the interim suspension, or convene a board to determine the validity of the interim suspension. The appeal of the interim suspension does not weigh into final decision about the Return to Campus Policy or the resolution of any other alleged violation of the Student Code of Conduct or other University procedure and/or policy. DM3\948233.2 99 Section V - Residential Living Policies CLEANLINESS/FOOD PREPARATION/STORAGE/TRASH DISPOSAL POLICY Students residing in University housing are expected to maintain their housing assignment and common areas in a manner that is sanitary and avoids health and safety concerns. A student assigned to an area found to be in violation of these conditions will generally be required to correct the conditions. In the event that the student does not correct the conditions, they are subject to disciplinary action. Storage and extensive preparation of food in residence hall rooms frequently contributes to electrical overload as well as fire hazard, sanitary and health concerns. As a result, regular meal preparation in residence halls is not permitted and students are required to use the University meal plan as provided. In the interest of controlling pests, snack items kept in residence hall rooms and apartments should be kept in tightly sealed containers and trash should be emptied regularly in designated common trash disposal areas. ELECTRICAL APPLIANCES POLICY Because of their potential contribution to accidental fires and unsanitary health conditions and in an effort to conserve energy, the following electrical appliances are restricted or prohibited in all University housing: Appliances with closed heating elements, such as toasters, toaster ovens, popcorn poppers, sandwich makers and coffee makers are only permitted to be used in kitchens. Any appliance with an open heating element (such as but not limited to space heaters, halogen lamps, etc.) is prohibited in the residence halls. Microwaves provided by the University are permitted to be used in residence hall lounges and kitchenettes. Microwaves are not permitted in individual residence hall rooms. Air conditioners and halogen lamps are prohibited in all University Housing. Refrigerators are restricted to one 5-cubic foot unit per room. Only one extension cord/multiple-plug attachment is allowed per outlet. It should be U.L. approved, un-frayed and without splices or tapes. Extension cords/plugs should not be placed under carpets, tacked or stapled. Major appliances should not be plugged into extension cords. Plug adapters should be U.L. approved and not rated less than 125 volts/15 amperes. Residents should employ the prudent use of surge protectors to protect property from unexpected electrical damage. Heavy drawing appliances (irons, hair dryers, televisions, refrigerators) should be plugged directly into socket outlets and unplugged when not in use. Extension cords are not to be used with these items. DM3\948233.2 100 The use of daisy-chained extension cords is prohibited. All electrical items should be plugged directly into the outlet, or into a single extension cord or power strip as applicable. Students found in violation of these policies may be subject to immediate confiscation and disposal of the appliance(s), fining and/or referral for disciplinary action. HOUSING ASSIGNMENTS & OCCUPANCY POLICY Current residential capacity permits the University to offer traditional students four years of continuous University housing. Other full-time students (CLL and Graduate) will be given housing if available. At any time the University may reduce the four year housing pending enrollments and space availability. Housing assignments are the exclusive responsibility of the Office of Residence Life and Housing. Students may not change assignments without authorization from the Office of Residence Life and Housing. Attempts to fraudulently manipulate the housing assignment process may result in disciplinary action. In order to maintain an assignment, the University housing space is a student‘s primary residence while classes are in session. Residents not living in the space assigned or who allow others to occupy the space assigned to them may be subject to disciplinary action and/or termination of their housing agreement. Residents are not permitted to allow any individual (commuter student, resident student or non-student) to reside in their room. In signing a Housing & Board Agreement, students agree to occupy the space they have been assigned on or after the date specified by the Office of Residence Life and Housing and to vacate their assignment within 24 hours of their last examination, suspension, withdrawal or other termination. Failure to comply with the terms of the contract may result in disciplinary action and/or a monetary fine. When vacating a University housing assignment, students are responsible for returning the space to its original condition. In addition, students are responsible for returning key(s) and any other materials provided based on the assignment in University housing. If a student leaves personal belongings in a room/apartment or common area beyond the timeframe to vacate listed above, the student should anticipate that the belongings will be discarded in accordance with existing regulations of the Pennsylvania Abandoned and Unclaimed property program. The Office of Residence Life and Housing reserves the right to change or modify a student‘s housing assignment as necessary. The University reserves the right to distribute costs arising from University housing common area damages to individual residents in the appropriate community. Students who wish to be released from their Housing and Board Agreement must submit a request in writing to the Office of Residence Life and Housing for review. A release from the DM3\948233.2 101 Housing and Board Agreement is not guaranteed; requests will be reviewed and decided on a case-by-case basis. HOUSING AND/OR BOARD ACCOMMODATION The Office of Residence Life and Housing at Immaculata University (IU) is committed to providing quality housing and meal plans (board) for students. This Office works in conjunction with the Offices of Student Health Services and Counseling Services to respond to students‘ requests for special accommodations due to a disability or medical condition. The process described below must be adhered to when making special accommodation requests for housing and/or board and it is the responsibility of the student to initiate all requests with the Office of Residence Life and Housing. The Office of Residence Life and Housing will attempt to make all reasonable and necessary accommodations subject to applicable law; however not all requests may be accommodated. Students may, at times, need to choose between a reasonable accommodation that the Office of Residence Life and Housing can provide and social concerns such as not being able to live with their classmates, friends, or in a desired residence hall/apartment. At times, an individual solution may be living in non-University residential facilities. PLEASE NOTE: This policy and procedure does not supersede other housing policies or procedures nor does it guarantee a student housing in general or any type of specific housing. All criteria for housing must be met as outlined in the Immaculata University Student Handbook, Housing & Board Agreement and the annual housing selection guide. Location of Housing and/or Board Accommodation Request Forms The Housing and/or Board Accommodation Request Forms can be picked up from the Office of Residence Life and Housing. The office is located in DeChantal Hall and can be reached at [email protected] or 610-647-4400 x3130. Summary of Process The Office of Residence Life and Housing will evaluate all accommodation requests on an individual basis. In brief, the process is as follows: 1. A student will obtain the Housing and/or Board Accommodation Request Forms from the Office of Residence Life and Housing. 2. A student will complete the Housing and/or Board Accommodation Request Form (Student), have the Housing and/or Board Accommodation Request Form (Professional) completed by the appropriate professional, and submit both to the Office of Residence Life and Housing. Please note that the certifying professional must specialize in the area of the disability or condition and may not be a friend of the family or related to the student. 3. The Office of Residence Life and Housing will review the forms and notify the student if additional information/documentation is needed. The Office of Residence Life and Housing can request additional documentation or updates at any time. DM3\948233.2 102 4. The Office of Residence Life and Housing will convene a Review Team to review all forms. 5. The student will be notified if the accommodation can be met, a modified accommodation can be met, whether alternative accommodations are available, or no accommodation can be met. 6. A student can appeal a decision by the Review Team by notifying the Dean of Students in writing. While the Office of Residence Life and Housing understands the importance of medical confidentiality and privacy; if a request for housing accommodation is to be given full and appropriate consideration, documentation from a certifying professional is vital, and the ability to contact the certifying professional may be essential. It is the responsibility of the student to notify the certifying professional‘s office of the need for the information requested on the Housing and/or Board Accommodation Request Form (Professional) and to authorize the release of requested information. The Housing and/or Board Accommodation Request Forms will only be required to be submitted once for conditions that are determined to be permanent by the certifying professional and the Review Team. However, updates to the documentation may be required if the student initiates a request for adjusted or different accommodations. Procedure for Review A student may become aware of the Housing and/or Board Accommodation Policy and Procedure from any number of resources on campus including but not limited to: the Office of Residence Life and Housing, Student Health Services, and Counseling Services. When the student becomes aware of the Housing and/or Board Accommodation Policy and Procedure it is the full responsibility of the student to initiate and maintain contact with the Office of Residence Life and Housing. All requests for accommodations should be submitted directly to the Office of Residence Life and Housing. Once a request has been received by the Office of Residence Life and Housing, staff will contact the student to confirm the receipt of the Housing and/or Board Accommodation Request Forms and, after an initial review, request any additional information required from the student. The Office of Residence Life and Housing convenes the Review Team on a regularly scheduled basis to review, in depth, each request. The Review Team includes the following persons or their designated representatives: staff from the Office of Residence Life and Housing, the Director of Student Health Services, and the Director of Counseling Services. Other campus support offices may be included when relative to the request. The Review Team will contact a student when/if additional information is required. It is then the responsibility of the student to provide the additional documentation/information required. It is important that students understand that this is a fluid process and there may be more than one point where additional information is required. The Review Team will determine: DM3\948233.2 103 if the requested accommodation is necessary and can be reasonably achieved without an undue hardship if additional information is needed to make the determination When a decision has been made by the Review Team, the Office of Residence Life and Housing will notify the student as to whether the housing and/or board accommodation request is accepted, modified or denied. After reviewing this notification, the student will determine if he/she accepts the accommodation offered. The accommodation offered may not always be exactly as requested by the student, but where possible, it will be reasonable in context to the need. Students have the right to reject the accommodation and make other housing/board plans or appeal the decision to the Dean of Students. If the request for accommodations implicates academics, the student will be notified and referred to the Dean of the appropriate College (or his/her designee) to address academic accommodations. Students must realize that additional documentation may be required as outlined by procedures, policies or laws as deemed necessary in order to provide the necessary academic support/accommodations. In general, the Office of Residence Life and Housing and the Dean‘s office may not be able to share documentation, but when possible will do so with the student‘s expressed written permission or as permitted by law. While we know this may be frustrating for the student, it is still the student‘s responsibility to provide all documentation as requested. The timeline for review will vary according to the time of year that the housing/board accommodation is requested. Students must understand that the accommodation request can be a lengthy process and so it is important for the student to begin this process early and in a timely manner (for example, requests during the annual Housing Selection process will take longer). During the annual Housing Selection process a specific deadline will be given for upper class residential students to complete each year for any housing accommodation requests. No requests will be reviewed after this deadline until the conclusion of the Selection process. Appeal of a Housing Accommodation Decision To appeal a decision concerning a housing/board accommodation request, the student must submit a request for a review of the decision of the Review Team in writing to the Dean of Students. The appeal must be submitted within ten (10) business days of the student being notified of the Review Team‘s decision. The Dean of Students (or his/her designee) will respond to the appeal and will have the final decision regarding the request. HOUSING AND BOARD AGREEMENT Violations of the Housing and Board Agreement or published rules and regulations for University housing are subject to disciplinary action. Students residing in University housing are responsible for understanding their rights and obligations under the Housing and Board Agreement and the Student Code of Conduct. The Housing and Board Agreement can be located on the Residence Life and Housing website, at http://www.immaculata.edu/housing DM3\948233.2 104 Students who wish to be released from their Housing and Board Agreement must submit a request in writing to the Office of Residence Life and Housing for review. KEYS POLICY - RESIDENTIAL Immaculata University residential students who receive a key at the beginning of an academic year are responsible for using the key in a manner that does not jeopardize the safety or security of individuals or property. Residents are expected to carry their keys and Immaculata University ID (One Card) at all times and to keep both interior room doors and exterior building doors secured. Keys and access to University Housing through the Immaculata University ID card are issued by the Department of Campus Safety and Protection. All resident students will receive a key and access to their residence hall area through their Immaculata University ID card after completing a key card. Resident students are to report any lost University keys or ID cards immediately to the Department of Campus Safety and Protection, ext. 5555. All Immaculata University ID cards that are reported lost will be deactivated immediately. Residents who become locked out through failure to carry their keys or Immaculata University ID card (One Card) may be assessed a fine per occurrence. Students who inadvertently lock themselves out of their room may regain entry by contacting the Department of Campus Safety and Protection for assistance. Key return procedures will be publicized by the Office of Residence Life and Housing in conjunction with year-end closing notices. Students failing to return the original key issued to them at departure (within five (5) business days) will be charged a non-refundable lock change fee. A student‘s safety may be compromised if University keys are mishandled. Thus the following actions are against University policy and are subject to disciplinary action: duplicating any Immaculata University issued key; lending or giving a University key to any unauthorized person; falsifying information to obtain any University key or Immaculata University ID card (One Card); failure to return any University issued key upon the request of a University official; unauthorized possession or use of a master key; possession or use of any University key issued to another person. LOUNGE UTILIZATION/FURNITURE POLICY As residential lounges are provided for the use of all building residents, groups are usually not permitted to reserve those spaces for private or restricted activities. Exceptions may be made when the Director/Assistant Director of Residence Life and Housing determines that an activity is of potential benefit to the residents of a particular building and all are welcome to attend. DM3\948233.2 105 Lounge and public area furniture may not be moved into rooms for personal use. Students found with lounge or public area furniture in their room are subject to the full range of sanctions outlined in the Student Code of Conduct. PERSONAL PROPERTY POLICY Although every effort is made by the University to insure personal item protection, the University cannot and does not assume responsibility, at any time, for the loss of personal property of students. Students residing in University housing are advised to check for coverage under their family‘s homeowners insurance or purchase renter‘s insurance. Students who wish to seek assistance in obtaining renter‘s insurance may contact a Residence Life and Housing staff member at [email protected] or through 610-647-4400, ext. 3130. Valuable personal items may be marked with an engraver, available through the Department of Campus Safety and Protection, as part of the Operation Identification Program (OIP). Safety tips to ensure that your personal property stays safe: Resident students are encouraged to lock their room doors. Don‘t leave cash in your room, even if it is ‗hidden‘. Always secure your bike in designated areas. Don‘t leave valuables in plain sight. Don‘t leave your backpack or laptop unattended. The Department of Campus Safety and Protection is the repository for Lost and Found items. The community is encouraged to utilize this service. Articles which have been found, and not claimed after one (1) year, will be considered abandoned and will be disposed of in compliance with existing regulations of the Pennsylvania Abandoned and Unclaimed property program. PETS POLICY For health and safety reasons, pets other than fish are not permitted in University Housing. Students may not at any time be in possession of animals except for fish, even for short term visits, in University owned or operated residential facilities. Fish may be kept in a 5-gallon or smaller tank; only one tank may be kept per room. There can be no more than three (3) fish with a maximum length of three (3) inches per fish in the tank. Fish living in the same tank must be able to cohabitate. Residents are responsible for maintaining the health of their fish; deceased fish must be removed immediately and disposed of properly. Any fish tank in a residential space is to be kept neat, clean and orderly. During Vacation and Break Periods, fish are to be removed from University housing. Tanks may remain provided that they are emptied and cleaned prior to student departure from University Housing. Residents who leave fish behind during break periods may face disciplinary charges. The occupants of the room will assume responsibility for damages related to the use or malfunction of the fish tank. DM3\948233.2 106 Resident students wishing to maintain a fish tank in University Housing must complete a Pet Request form as approved by Residence Life and Housing. Students found in violation of this policy are subject to the full range of sanctions outlined in the Student Code of Conduct. ROOM CHANGES POLICY Residents interested in changing their housing assignments must first contact their Resident Assistant and then contact the Office of Residence Life and Housing for further assistance. In all cases, changes must be approved by the Office of Residence Life and Housing. Students changing assignments in the absence of authorization are subject to the full range of sanctions outlined in the Student Code of Conduct. ROOM CONDITION/DAMAGE ASSESSMENTS The condition of residence hall assignments is assessed by Residence Life and Housing staff prior to student occupancy and documented on a Room Condition Form. Students are provided with the opportunity to review the Room Condition Form at the beginning of their assignment and to make adjustments as required before signing the form. Resident students are responsible for updating their Room Condition Forms as necessary during the time they reside in their housing assignment. Resident students who change from one housing assignment to another during the academic year are required to complete a new Room Condition Form for the new assignment. In addition, the resident is responsible for completing the check-out process for the previous assignment with a Residence Life and Housing staff member, including the close-out of the previous assignment‘s Room Condition Form. Health & Safety Checks will be conducted at regular intervals by Residence Life and Housing staff for the purpose of monitoring cleanliness and insuring that sanitary and safety conditions are being maintained. Students who persist in maintaining unsafe or unsanitary conditions after being asked to correct deficiencies are subject to the full range of sanctions outlined in the Student Code of Conduct. During occupancy, residents are not permitted to paint rooms. Unauthorized painting may result in a fine and attendant charges for repainting of the area if necessary. In the residence halls, no items (nails, hooks, etc) can be attached to any surface. In the apartments, only small nails can be used in the walls. In order to prevent damage, dart boards are not permitted in University housing. Prior to the close of the academic year, students will be provided with detailed information concerning expectations for the condition of their assignment and building common areas at the time of departure. After check-out, rooms will be evaluated against information contained on the Room Condition Form signed by residents at check-in. Occupants will be held individually or jointly responsible for unauthorized changes and/or damages that were not specified on the original Room Condition Form. DM3\948233.2 107 Residents of a building may be held financially responsible for damages to common areas and equipment (e.g., hallways, lounges, lavatories) when the students responsible for those damages do not claim responsibility and cannot be identified. Resident students who are assessed damages will be notified in writing of said charges. Notification will be sent to the resident‘s Immaculata University email account, and/or through written correspondence sent directly to the student involved. Appeals concerning damage assessments must be made in writing to the Director of Residence Life and Housing within 10 business days of the original notification. ROOM FURNISHING POLICY Room furnishings provided by the University must remain in rooms at all times. At no time may students remove room furnishings from their rooms. The following furnishings are provided: bed frame and mattress, dresser, desk and desk chair, and window coverings. Water beds are not permitted in University Housing. Students found in violation of this policy are subject to the full range of sanctions outlined in the Student Code of Conduct. ROOM ENTRY POLICY A student‘s right to privacy is to be respected. A University official, accompanied by another staff member whenever possible, may enter a student‘s housing assignment without notice or prior permission from residents if any of the following situations exist: The University official has reason to suspect that an emergency situation exists Violations of University policy are suspected to be occurring or to have occurred To locate persons or missing property To facilitate maintenance To conduct Health & Safety Checks, such as completing fire safety inspections or ensuring that safe and sanitary conditions exist. University representatives, including Campus Safety and Protection officials, may remove any item deemed to violate the Student Code of Conduct from any residential area. Residents should be aware that violations of University policies/procedures may be subject to disciplinary procedures, which may result in sanctions outlined in the Student Code of Conduct. No community member may install additional locks, latches, or other devices that may impede access by University officials. DM3\948233.2 108 SPORTS/RECREATIONAL EQUIPMENT POLICY All sports/recreational equipment that students bring to campus must be stored in their individual rooms. Any sports/recreational equipment left in public spaces or used inappropriately indoors will be confiscated. Sports/recreational equipment that has wheels cannot be worn or used inside of University housing or other buildings on campus (for example, but not inclusive: rollerblades, roller skates, scooters, etc.). A student may face disciplinary action for inappropriate storage/use of sports/recreational equipment. TELEPHONE POLICY Each resident room is equipped with a phone jack. Residents may bring their own phones to campus. Students who wish to be provided with a campus phone number are required to complete a Phone Request Form with Residence Life and Housing. Students requesting this line to be activated will be assessed a term-based fee to cover the costs associated with the line. Abusive, harassing or obscene phone calls that are meant to arouse fear and/or anger in the receiver are unacceptable. The telephone company offers some valuable information on how to handle such phone calls. Harassing phone calls should be reported to the Department of Campus Safety and Protection immediately. Safety Tips If the caller remains silent, HANG UP. You may wish to inform the Department of Campus Safety and Protection if there should be repeated calls of this nature. If a caller makes an obscene remark, simply HANG UP. No conversation, no emotion, no reaction should occur. The resident who receives a harassing or obscene phone call should notify the Department of Campus Safety and Protection immediately, and if available, contact your Resident Assistant. VACATION PERIODS POLICY The residence halls are officially closed for all break periods on the academic calendar. These are Thanksgiving, Winter, Spring and Easter Breaks. The following are the guidelines governing vacation policies, but subject to change/modification at the discretion of the Office of Residence Life and Housing. The residence halls are closed to residents for all the aforementioned holidays. If a resident has justifiable cause for remaining on campus, he or she must complete a request form at the Office of Residence Life and Housing prior to the respective break period. If necessary, the University will assist in accommodating international students during break periods. If necessary, the University will assist in accommodating residents who live beyond a DM3\948233.2 109 250 mile radius of the University during all the aforementioned break periods. Residents may not return to housing facilities during break periods. Failure to comply will result in the Department of Campus Safety and Protection filing an incident report. Residents may not return from their vacation break earlier than the prescribed day and time without prior arrangements with the Office of Residence Life and Housing. All policies and regulations are in effect during break periods. Dining hall services will be limited or unavailable during break periods. The campus meal plan is not available. All food is cash and carry. Access to residence areas during the aforementioned break periods will be denied to all students not having made prior arrangements for residency. The access feature of the Identification Card will be temporarily deactivated for the vacation period and will be enabled upon the students‘ return to the . University. During times when University Housing is closed, Residence Life and Housing staff may conduct health and safety checks of student residential rooms. When a health and safety check is performed and violations of the Student Code of Conduct are discovered, students may receive a standard fine for violations of residential policies, including such violations as lounge furniture, illegal items, alcohol possession, etc. Discipline outcomes will be determined on an individual basis, based on a student‘s disciplinary record. VISITATION POLICY The visitation policy is based upon the University‘s confidence in the ability and desire of Immaculata students to make mature decisions about their social behavior. It is also believed that no individual has the right to infringe upon another‘s freedom, privacy, well-being and safety. Visitation is a privilege granted by the University because it has faith in the student‘s willingness to accept both the rights and responsibilities of such a policy. The University expects students to conduct themselves with discretion and respect for the rights of others while maintaining the policy regarding visitation. For the purposes of this policy a visitor is defined as any person who does not reside in University housing, or a residential student who is not a resident of the room in which he or she is visiting. Visitors who are in violation of University policies may be asked to leave a room/ floor, University housing and/or the campus. Hosts are subject to the full range of sanctions outlined in the Student Code of Conduct when their visitors are in violation of University policies and rules. Because some students may prefer a restricted visitation policy and others desire a greater degree of choice in entertaining visitors in their rooms, roommates are required to determine their own limitations within the stated policy guidelines. At no time may a roommate be displaced. If there is a conflict, the host and visitor must respect the rights of the roommate. When there is sufficient interest expressed by the members of a residence hall floor, the floor may request a restriction to visitation as voted on and approved by those residing on that floor DM3\948233.2 110 and with the approval of the Office of Residence Life and Housing; visitation hours cannot be extended beyond those hours written in this policy, but changes to other areas of the visitation policy could be recommended. The policy on visitation will be reviewed periodically to accurately reflect the interests of the students and the mission of the University. Visitation Hours Residential students who are visiting other students living in University housing have the privilege to visit without having to sign in at the security desk nor do they need to be accompanied by their host during the following hours: Sunday – Thursday, 9:00 a.m. – 12:00 midnight Friday 9:00 a.m. – Saturday 2:00 a.m. Saturday 9:00 a.m. – Sunday 2:00 a.m. Same gender visitation can occur at all times with the agreement of the roommate(s). After visitation hours, opposite gender visitation between residential students is permitted in designated lounges but not in residential rooms or hallways. No overnight visitation is allowed for opposite gender visitors. Non-residential visitors who are visiting students living in University Housing must sign-in at the security desk located at the entrance to each residence hall: for Marian and DeChantal halls – the DeChantal Security Desk; for Lourdes and Villa Maria Halls – the Lourdes Security Desk. All non-residential visitors must abide by the following: 1. The residential student/host who is being visited must be present and escort the visitor at all times. 2. Each visitor must present a photo ID which will be exchanged for a visitor‘s pass. This photo ID will be returned to the visitor upon completion of the visitation and the return of the visitor‘s pass. The visitor must carry the visitor pass at all times. 3. To obtain a visitor pass, visitors to University residence halls must present one of the following: a. Commuter students – valid Immaculata University I.D. b. Non-Immaculata University guests – one of the following: a valid driver‘s license with a photo or a state issued photo ID. To be considered valid, an I.D. must have a non-expired expiration date. Note: we do not accept passports, birth certificates, green cards or social security cards. 4. Failure to return a visitor‘s pass will result in a $10.00 fee being assessed to the residential student host. 5. Each room will be allowed no more than four visitor passes at one time. DM3\948233.2 111 6. After visitation hours the residential student host must escort the non-residential guest to the designated security desk to notify security that the guest is: a. leaving the premises b. being signed in with a residential student/host of the same gender for overnight visitation c. will be continuing to visit in one of the designated lounges. Note: nonresidential student visitors may visit in the 3rd Villa Maria rotunda lounges provided that they are accompanied by the residential student/host and that their presence is not disruptive to the residential community. At no time should students or visitors sleep in University lounges. 7. University personnel may exercise latitude in requiring IDs for student family members (parents, grandparents, etc.) during periods of moving in or out of the residence halls and during those times that the University is closed. A residential student who wishes to have an overnight visitor must: a. have permission of the roommate(s) to allow the overnight visitor b. not allow the visitor to stay for more than three consecutive nights c. only allow overnight visitors of the same gender d. sign in the visitor at the security desk e. ensure that all visitors adhere to the visitation policy and all other University policies. Note: the University offers Guest Accommodations that can be reserved with the Department of Campus Safety and Protection; please see the Guest Room Policy. When the University is closed for vacation breaks, non-residential visitation is not allowed. Co-habitation is not permitted and constitutes a violation of the Student Code of Conduct. As outlined in the ―Identification Policy,‖ all students are required to carry upon their person the University issued identification card (ID). All non residential visitors must carry the University issued visitors pass and should submit the pass upon request. In consideration for roommates, floor mates and the well being of the residential community, please be mindful of the following: Visits should be of a limited duration regardless of the hour, day or night. Visits should not infringe on another‘s rights to privacy, sleep or quiet study space. If the presence of a visitor does infringe upon the rights of another, the visitor will be asked to leave and any students involved may be charged with a violation of the Student Code of Conduct. It is the host‘s responsibility that his or her visitors are aware of University policies and rules and that they are followed. The use of opposite gender bath and shower rooms is strictly prohibited for all residents and visitors. DM3\948233.2 112 For reasons of safety and security, children under the age of thirteen may not be present in University housing. Children under the age of thirteen are only permitted when accompanied by a non-student parent or legal guardian, or as a direct consequence of participation in a recognized University program or activity specifically designated to include children. WINDOWS, WINDOW SCREENS AND WINDOW COVERINGS POLICY For the convenience and safety of residents, most halls are equipped with windows that open and window screens. Under no condition should windows be blocked or window screens removed except in case of emergency. Electrical cables, wires or antennae should not be placed outside of windows. Removal of screens from rooms, lounges, bathrooms, hallways, or stairwells, or the opening of screens is prohibited. Banners, signs or window decorations may not be displayed on the exterior of buildings or windows. Material hung on the interior of windows and displayed toward public areas must be in keeping with the values and standards of the University community and mission. Students found in violation of this policy are subject to the full range of sanctions outlined in the Student Code of Conduct. DM3\948233.2 113 Section VI – Technology Policies Electronic Acceptable Use Policy I. INTRODUCTION: Users of the Immaculata University (―IU‖) network and computer resources have a responsibility to properly use and protect those information resources and to respect the rights of others. Use of IU computing, information technologies and network resources is a privilege that depends upon appropriate use of those resources. Users who violate the law or IU policy regarding the use of computing resources, information technologies, and networks are subject to loss of access to those resources as well as to IU disciplinary and/or legal action as outlined in this policy. II. POLICY SCOPE AND APPLICABILITY APPLICABILITY – 1. “Users” -- This policy applies to all IU employees, students, adjunct faculty, contractors, and volunteers and all others who use computing resources, information technologies, networks, voice messaging equipment, computer software, data networking systems, including remote and wireless and electronically stored institutional data and messages owned or managed by IU or any third parties contracting with IU for the provision of hosting, network or other technology services (hereinafter ―Users‖). All such Users, by virtue of their use of IU computer resources, information technologies, and networks, accept the responsibility for using these resources only for appropriate IU activities. Users are responsible for reading, understanding, and behaving in a manner consistent with this policy and other related policies such as the IU Administrative Data Security Policy (if applicable) and the IU Copyright Policy. 2. “IU Information Technology” -- This policy governs the use of IU computing resources, information technologies, and networks. This includes, but is not limited to, computers, computing staff, hardware, software, networks, computing laboratories, databases, files, information, software licenses, computing-related contracts, network bandwidth, usernames, passwords, documentation, disks, CDROMs, DVDs, magnetic tapes, and other electronic media or storage devices (hereinafter ―IU Information Technology‖). III. OWNERSHIP IU retains absolute ownership of IU Information Technology. IU Information Technology is not owned by any individual or department at IU. Any IU Information Technology that is leased, licensed or purchased under research contracts or grants, must be administered under the terms of this policy and the IU Administrative Data Security Policy for as long as they remain within the lawful possession, custody and/or control of IU. DM3\948233.2 114 IV. DISCLAIMER AND LIMITATION OF LIABILITY IU makes no representations as to the performance, accuracy, or reliability of IU Information Technology. IU disclaims all warranties of any kind, expressed or implied, to the fullest extent permissible pursuant to applicable law, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. By using IU Information Technology, Users agree that IU, its trustees, faculty or employees shall have no liability whatsoever for damages in any form under any theory of liability or indemnity in connection with a User‘s use of IU Information Technology, even if IU has been advised of the possibility of such damages. Users further recognize that IU has no control over the content of information servers on external electronic systems or the Internet. V. APPROPRIATE USE OF IU INFORMATION TECHNOLOGY IU Information Technology may be used for legitimate IU purposes only. While IU makes computer resources available primarily to achieve its goals of education and research, and for administrative activities, it realizes the need to encourage the personal use of computing for the convenience of the campus community. Thus, it is reasonable to allow the use of computing resources for email, document preparation, personal or course Web page publication, or other activity that can facilitate convenience or enhance productivity, to the extent that the activity is within the limits prescribed by this policy. Appropriate uses of IU Information Technology include: use by students related to completion of IU class assignments or their education at IU; use by faculty, administrators, staff, and contractors directly related to instruction, research, and scholarly, professional, and administrative endeavors on behalf of IU or within the scope of IU employment; appropriate use of resources (e.g. any such work is completed outside of university time and does not utilize shared resources such as CPU cycles or network bandwidth to a degree that adversely impacts academic or research activities); appropriate use of licenses (e.g. do not use software procured with academic use licenses for commercial applications or development, unless the license explicitly permits such use). If a User is not clear on what constitutes an appropriate use, the User should contact the Chief Information Officer of IU at extension 3868 to determine whether a particular activity is permissible. DM3\948233.2 115 VI. INAPPROPRIATE USES AND CONTENT IU Information Technology shall not be used for: A. VIOLATING INTELLECTUAL PROPERTY LAWS, INCLUDING: Violation copyright law pursuant to the IU Copyright Policy; Copying of software in violation of a license or when copying is not authorized; Violating trademark or patent law; Violations of any local, state or federal laws relating to intellectual property rights, such as the distribution of copyright-protected materials (e.g. the distribution of commercial software, music or films in electronic format without appropriate permissions by the owner, even if the user distributing the materials notifies others of their copyright status); B. ANY PROHIBITED USES, INCLUDING: Supporting, establishing, or conducting any private business operation or commercial activity; Conducting personal activities unrelated to any IU or student educational purpose unless otherwise allowed by this policy. Using any IU Information Technology, including a computer system, hardware (such as printers, monitors, etc) or networks without proper authorization or exceeding authorized use; Concealing one‘s personal identity, or assuming the identity of another (e.g., by sending forged electronic mail). Keeping one‘s personal identity private either by not setting an identity in one‘s browser or by using a Web-anonymizer in order to protect oneself from being put onto mailing lists is not a violation of this policy; Unauthorized sharing of a User‘s password or account; Unauthorized use of IU Information Technology or another person‘s computer account, user ID, files, or data; Intentionally damaging, destroying or disrupting the electronic networks or information systems or the integrity of electronic information or intentionally wasting of human or electronic resources as they relate to IU Information Technology; Negligence leading to the damage of electronic information, computing/networking equipment and resources; DM3\948233.2 116 Unauthorized use of a wireless router or other routing or electronic device that has not been authorized for use on an IU network or in conjunction with other IU Information Technology; Deleting or tampering with another User‘s files or with information stored by another User on any information-bearing medium (disk, tape, memory, etc.). Even if the User‘s files are unprotected, with the exception of files obviously intended for public reading, such as Web pages, it is improper for another User to read them unless the owner has given permission (e.g. in an announcement in class or on a computer bulletin board); Attempting to circumvent system security; Releasing programs such as viruses, Trojan horses, worms, etc., that disrupt other Users, damage any IU Information Technology, including software or hardware, disrupt network performance, or replicate themselves for malicious purpose; Sending mass mailings or commercial solicitations (i.e. spamming) to individuals, or to newsgroups or mailing lists where such advertising is not part of the purpose of the group or list or for the purpose of IU business; Harassing or intimidating another person (such as by repeatedly sending unwanted mail or broadcasting unsolicited mail); Tampering with, willful destruction of or theft of any IU Information Technology, including computer equipment, whether it belongs to IU or to an individual; Violating IU‘s policy of prohibiting discrimination against individuals on the basis of race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law; Intentionally disseminating, accessing, or providing a hyperlink to obscenity, as that term is defined by the law, unless such activities are directly related to a User‘s legitimate research or scholarship purpose or to completion of an academic requirement; Using IU Information Technology with the purpose of intentionally interfering with another User‘s use of IU Information Technology, such as computing resources, information technologies, or network resources; Unauthorized access to, interception, alteration, possession, copying or reading of electronic mail or other electronic documents or websites; Compromising the privacy of Users of IU Information Technology; and DM3\948233.2 117 Violation of Any Federal, State or Local Law. C. ANY PROHIBITED CONTENT, INCLUDING: Using IU Information Technology in any way that may be seen as insulting, disruptive, or offensive by other persons, or harmful to morale; Sending or distributing sexually explicit messages, cartoons, or jokes; unwelcome propositions of a sexual nature; ethnic or racial slurs; or any other message that can be construed to be harassment or disparagement of others based on their race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry, political beliefs or other classifications protected by law; Accessing Internet pages which include offensive, sexually explicit and inappropriate material. Please note that even innocuous search requests may lead to sites with highly offensive content; and Downloading non-academic related data or programs, including but not limited to freeware and shareware, unless explicitly authorized by the university such as: (a) (b) (c) (d) (e) (f) (g) Software that allows external access to any IU machine; Peer-To-Peer (P2P) or similar software that enables content sharing; Software that tracks user Internet or on-line activities or habits; Software that sends information outside IU, unless expressly approved; Software that sends automatic updates from the Internet to machines on the IU network; Application programs (which may contain embedded viruses and/or may interfere with the functioning of standard PB applications); and Downloading of music, video or any other material, in violation of copyright laws. VII. NO EXPECTATION OF PRIVACY Although IU does not routinely inspect or monitor use of computing and networking resources, IU does not guarantee the security and privacy of any User‘s electronic mail and/or electronic files or a student‘s use of any IU Information Technology. IU Information Technology is the property of IU and has been installed by IU to facilitate the legitimate purposes of IU. Although IU students, employees, faculty and others may have direct or password encoded access to IU Information Technology, they belong to IU and the contents of all communications and stored messages are accessible at all times by IU for legitimate purposes. DM3\948233.2 118 A User‘s documents, files and electronic mail stored on an IU Information Technology are normally accessible only by that User. However, system managers or third parties contracting with IU to host or manage IU Information Technology have the ability to monitor traffic and directly view any file as it moves across the network, and they must occasionally do so to manage campus network resources. By way of example, files may be monitored without notice in the ordinary course of business to ensure the smooth operation of the network. More specifically, by using IU Information Technology (including electronic mail, files and documents) with respect to which you have no expectation of privacy, whether accessed on site or via remote locations, students consent to IU‘s monitoring, accessing, searching, blocking, copying, deleting, reviewing and disclosing, both real time and after the fact, any documents or messages which they create, send, store or receive on, as well as websites visited on, the IU Information Technology. All administrative members, including staff, faculty, third party hosting providers and others working with IU Information Technology are obligated to follow the IU Administrative Data Security Policy, the IU Confidentiality of Student Records Policy (if applicable) and the IU Gramm Leach Bliley Act Required Information Security Policy (if applicable), and subsequent policies and laws duly enacted. Such policies create a framework for the physical, technical and administrative management, storage and transmission of data. These policies have clear guidelines that prohibit violations of privacy and confidentiality. Users should be aware that authorized administrative personnel can and will take appropriate steps to investigate when there is a suspicion of inappropriate use of campus computing or networking resources. This may include monitoring network traffic, its contents, and examining files on any computer system which is connected to the network. Users should also know that all files on shared (i.e., networked) systems, including email, are backed up periodically on schedules determined by IU. These back-up files can be used to restore files that were accidentally deleted. The maintenance, storage, access and transmission to such back-up files and data is operated in accordance with the IU Administrative Data Security Policy and the IU Gramm Leach Bliley Act Required Information Security Policy and/or agreements created pursuant to that policy that require the same level of physical, technical and administrative care, and subsequent policies and laws duly enacted. Be informed that IU may access such electronic mail or files for a number of reasons, including but not limited to the following: A. Spam Blocking. IU protects e-mail as a viable communication and business medium by supporting measures to reduce the amount of unsolicited email Spam that invades its networks, while ensuring that legitimate email reaches its destination. To accomplish this task spam filtering software is utilized to quickly identify and separate spam from legitimate email. B. Requests for Public Disclosure. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of DM3\948233.2 119 2001 (USA PATRIOT Act) expands the authority of local, state and federal law enforcement to gain access to stored electronic data and communications. The USA PATRIOT Act is applicable to all Users. C. Retention of Electronic Mail. Electronic mail is backed up and retained in accordance with IU data security policies. Be advised that even after erasing an electronic message from a hard drive, such materials continue to exist and may be subject to disclosure at a future time. D. Access for IU Business. Faculty, staff and other administrators will only access a User‘s electronic files or email in accordance with the IU Confidentiality of Student Records Policy and IU Administrative Computing Security Policy. Any such access will be for a legitimate business purpose only and shall be limited to that purpose. E. Monitoring of Accounts. An account may be inspected or monitored when: 1. Activity from an account prevents access to IU Information Technology, such as computing or networking resources by others; 2. General usage patterns indicate that an account is responsible for illegal activity; 3. There are reports of violations of IU policy or any local, state or federal law; 4. It is necessary, in the judgment of IU administration, to do so to protect IU from liability; 5. IU receives a public records request or a valid subpoena; or 6. It is required by, and consistent with, any other law. VIII. USER’S RESPONSIBILITY FOR MAINTAINING PRIVACY Users are responsible for maintaining appropriate access restrictions for their files, as well as protecting their passwords. Any User who knowingly allows another person to use his or her username or password may be found responsible for any inappropriate use on the part of that person. IX. ENFORCEMENT Inappropriate behavior in the use of IU Information Technology is punishable under the general university policies and regulations regarding faculty, students and staff. The DM3\948233.2 120 offenses mentioned in this policy range from relatively minor to extremely serious, though even a minor offense may be treated severely if it is repeated or malicious. Certain offenses may also be subject to prosecution under federal, state or local laws. Appropriate disciplinary action depends not only on the nature of the offense, but also on the intent and previous history of the offender. The range of possible penalties includes reprimands, loss of computing privileges, course failures for students, disciplinary probation, suspension or dismissal from the university and/or criminal prosecution. Offenses that are minor or appear to be accidental in nature are often handled in a very informal manner such as through electronic mail. More serious offenses may involve formal procedures pursued through the process in the Student Code of Conduct for students, Human Resources and/or the hiring university department or administrative unit for staff, or the policies contained in the Faculty Handbook for faculty. Any User who suspects a violation of the IU Acceptable Use Policy or any other IU policy or regulation related to data security or who has knowledge of potential vulnerabilities or security loopholes in a system or network at IU, should immediately notify IU‘s Chief Information Officer at extension 3868. A. Restrictions of Privileges during Investigations During the course of an investigation of alleged inappropriate or unauthorized use, it may be necessary to temporarily suspend a User‘s network or computing privileges, but only after determining there is at least a prima facie case against the individual, as well as a risk to IU Information Technology if privileges are not revoked. In these cases, it is important to recognize that the restriction of network or computing privileges is intended to protect the system rather than to punish the individual. For example, if a computer account has been used to launch an attack on another system, then that account will be rendered inactive until the investigation is complete. This is a necessary action taken to prevent further misuse and does not presume that the account holder initiated the misuse. Unsubstantiated reports of abuse will not result in the suspension of User account or network access unless sufficient evidence is provided to show that inappropriate activity occurred. For example, if someone reports that their computer was ―attacked‖ by an account, the burden will be upon the complainant to provide sufficient data logs or other evidence to show that the incident did, indeed, at least appear to be an attack. B. Adverse Impact on Shared Systems IU reserves the right to discontinue communication with external systems that are known to harbor spammers or account crackers, despite the fact that this may restrict certain acceptable communications. When deemed necessary, this action will be taken to protect the security and safety of IU systems. Similarly, there may be cases where a particular service or activity on a given IU system will, by the very nature of its legitimate operation, tend to generate attacks from other Internet sites. If these attacks are frequent and severe enough to cause service interruptions for larger parts of the campus community, it may be necessary to remove these systems from the campus network DM3\948233.2 121 temporarily or permanently. In cases where such an action is deemed necessary, network administrators will work with the maintainers of the system to identify alternative methods of network access. In cases where IU restricts access to external sites or removes network access for internal sites, the purpose of the action is to maintain the security and reliability of the computer systems and networks rather than to punish an individual or a site, or to restrict the free expression of ideas. X. Contact Questions concerning this policy or its intent should be directed to the Chief Information Officer at 610-647-4400 x3868. VIDEO POLICY Immaculata University students, faculty and staff should be aware that it is a violation of federal law and University policy to improperly present video materials. Those who show videos for entertainment purposes without permission from the licensee in a public area are in violation of the copyright law. This restriction applies even if there is no admission charge for the performance. Using videos in a private or classroom showing for educational purposes is not a violation of the law. POLICY ON VIDEO CAMERAS INSTALLED ON UNIVERSITY PREMISES FOR SAFETY AND SECURITY PURPOSES The purpose of this policy is to regulate the use of video cameras to monitor and record University premises. Any use of such equipment must be in accordance with this policy. This policy may be amended from time to time. I. Scope This policy applies to all University personnel in the use of video monitoring and recording equipment and systems. II. General Information A. The Department of Campus Safety and Protection is committed to enhancing the quality of life of the campus community by integrating the best practices of public and private security with state-of-the-art technology. A critical component of a comprehensive security plan using state-of-the-art technology is video surveillance. B. The primary purpose of video technology is to deter crime and to assist the safety officers in protecting the personnel and property of the University community. C. Video monitoring for security purposes will be conducted at all times in a professional, ethical and legal manner for legitimate purposes only. Personnel involved in the use of video equipment will be appropriately trained and supervised in the responsible use of this technology. D. Information obtained through video recording and/or monitoring may be used for DM3\948233.2 122 E. F. G. H. legitimate security and law enforcement purposes and for compliance with University regulations only. Information obtained through video recording/monitoring shall be maintained in a secure and confidential location and will only be released when authorized by the President or Vice President for Student Development and Engagement according to the procedures established in this policy. Video monitoring for security purposes will be conducted in a manner consistent with all existing University policies, including the Non-Discrimination Policy, the Sexual Harassment Policy, and other relevant policies. The University prohibits video monitoring based on the characteristics and classifications contained in the NonDiscrimination Policy (e.g., race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law) Video monitoring of areas for security purposes at the University is limited to locations that do not violate the reasonable expectation of privacy as defined by law. Except as indicated below, (refer to Section IV.), all video camera installations will be visible. The equipment used by the University does not and shall not possess the capability of recording sound at any time. III. Responsibilities A. The Department of Campus Safety and Protection is the exclusive department authorized to oversee and coordinate the use of video surveillance equipment for safety and security purposes at the University. B. The President or Vice President for Student Development and Engagement, and/or their designees, have the exclusive responsibility to authorize and approve the use of video surveillance equipment for safety and security purposes at the University. All existing, as well as any new installations will follow the Department of Campus Safety and Protection operating principles and this policy. C. The Department of Campus Safety and Protection will monitor new developments in the relevant law and in security industry practices to ensure that video monitoring at the University is consistent with the highest standards and protections. IV. Procedures 1. 2. All operators and supervisors involved in the use of video surveillance equipment and systems will perform their duties in accordance with the Department of Campus Safety and Protection and University Rules and Regulations. All officials, officers and employees of the Department of Campus Safety and Protection are expressly prohibited from using and or disseminating any information acquired from the video surveillance equipment, except as specifically authorized by the President or Vice President for Student Development and Engagement, or their designees, other than in bona fide emergencies. All information and/or observations made in the use of video surveillance or closed circuit television (CCTV) equipment are considered confidential and can only be used for official University and law enforcement business upon the approval of the President, or Vice President for Student Development and Engagement, or the Director of Campus Safety and Protection acting pursuant to specific written DM3\948233.2 123 3. 4. instructions and guidelines established by the President or Vice President for Student Development and Engagement. Camera locations are to be discussed with the Executive Administration, and or their designees, and written approval by the President or Vice President for Student Development and Engagement shall be obtained on each site before installation takes place. The Department of Campus Safety and Protection will post signage, in a manner designed to be seen, read and understood, at appropriate campus entrances and other areas under video surveillance (other than as provided in Section 8, concealed cameras). The Department shall inspect and maintain such signage in accordance with this policy. Signage will state, to the effect: THESE PREMISES UNDER VIDEO SURVEILLANCE. 5. 6. 7. Recorded events shall be stored temporarily on a Digital Video Recorder (DVR), or similar device, unless retained as part of a criminal investigation or court proceedings (criminal or civil), or other bona fide use as approved by the President or Vice President for Student Development and Engagement. The DVR‘s currently available are capable of storing images up to 30 days, depending on the amount of recording taking place. The DVRs automatically record over the oldest image when the hard drive is full. The Department of Campus Safety and Protection shall store and maintain close control over all recordings taken or recorded by its members. These materials shall be available only to duly authorized officials of Immaculata University and appropriate law enforcement agencies, as provided in this policy. This material shall be used only in connection with: a. Disciplinary proceedings involving student(s) or University personnel; b. Actual or potential litigation involving the University, in the event the material may be relevant to the issues involved in such litigation; c. Any other action taken by Immaculata University in which the material may be relevant to the action; or shall be made available for use by a law enforcement agency in connection with criminal proceedings in the event the material may be relevant to the issues involved in such proceedings; d. Such other lawful and legitimate purposes as determined by the President or Vice President for Student Development and Engagement. 8. Periodically the University experiences patterns of criminal activity, both to persons and property. Many of the problems in the past have been confined to acts of vandalism, such as graffiti or the theft of office equipment. In an effort to combat these problems, either by deterring the activity or apprehending violators, the University may use video surveillance equipment (concealed, non-visible, hidden from view) for surveillance purposes. As previously noted, the cameras will not be installed in any area that would violate any reasonable expectation of privacy as defined by law. No further announcement will be made prior to the actual placement of video equipment. 9 The use of video surveillance equipment shall NOT be utilized for: DM3\948233.2 124 a. Profiling: The practice of targeting individuals based on characteristics of race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry or other classifications protected by law or University policy; b. Targeting of specific individuals; c. Peering into buildings from outside the building; d. Any purposes prohibited by this policy, University policies, rules or regulations or as may be proscribed by law. COPYRIGHT POLICY I. INTRODUCTION The copyright policy of Immaculata University (hereinafter ―IU‖) affirms its commitment to comply with United States law relating to copyright; to respect the property rights of authors and their assignees; to educate members of the campus community about copyright law; and to exercise vigorously the rights and responsibilities granted under this law. The policy adheres to the long-standing academic tradition that creators of works own the copyrights in works resulting from their scholarly, pedagogical, and creative activities. This principle is the foundation of this policy on copyright. This principle also underlies the commitment of IU to fostering an environment of respect for and responsible use of the intellectual property of others. IU is committed to helping members of the community comply with copyright laws by providing resources to help individuals make informed, careful, and situation-sensitive decisions about the lawful and fair use of work created by others. II. APPLICATION This policy applies to all IU employees, students, adjunct faculty, contractors, and volunteers and all others who use computing resources, information technologies, networks, voice messaging equipment, computer software, data networking systems, including remote and wireless and electronically stored institutional data and messages owned or managed by IU or any third parties contracting with IU for the provision of hosting, network or other technology services (hereinafter ―Users‖). Any person that has agreed to follow the IU Acceptable Use Policy has, in effect, agreed to this Copyright Policy. It is the policy of IU that all Users must comply with U.S. Copyright Law. Copyrighted materials may be copied freely by the owner of the copyright on the materials. In addition, copyright holders such as scholarly publishers, may explicitly release their published materials from strict observance of copyright laws for stated classroom or research purposes. III. COMPLIANCE WITH COPYRIGHT LAWS Using a computer to copy, download, or store any copyrighted material (text, images, music, movies, etc.) without authorization is a violation of the law, and leaves you liable, DM3\948233.2 125 on conviction, to imprisonment, heavy fines, and/or damages. Owners of copyright have become much more assertive of their rights recently, and are taking legal action against those whom they believe are violating their copyrighted property. For information about copyright law, see www.copyright.gov. Before relying on the fair use exception to the Copyright Act, Users should educate themselves regarding the limits of fair use and should, in each instance, perform a careful, good faith fair use analysis based on the factors identified in Section 107 of the federal Copyright Act. Faculty and staff are permitted to use and duplicate copyrighted materials of other parties for educational and classroom uses, provided such activities are within the fair use standard, 17 U. S. C. sect. 107. The fair use standard requires consideration and balancing by Users of the following factors to determine if duplication or use by a third party constitutes a fair use: A. The Fair Use Factors 1. The Purpose and Character of the Use, Including Whether the Use is of a Commercial Nature or is For Non-Profit Educational Purposes. A non-profit or non-commercial use weighs in favor of a fair use. Non-profit educational purposes, such as duplication for classroom purposes rather than commercial purposes, generally tend to support a finding of fair use. 2. Nature of the Copyrighted Work. Works fall into categories such as published or unpublished, fact or fiction. Published factual works, such as form books, dictionaries or other factual works, by their nature more readily support a finding of fair use than do unpublished works or non-factual, fictional, creative works. 3. Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole. If the portion of the work copied or used in relation to the entire work is quantitatively and qualitatively insignificant that supports a finding of fair use. No specific number of words or percentage copied of the work is set as being permissible. However, see the "safe harbor" guidelines discussed. Copying of a minor portion of a work may be found to be other than a fair use if the portion constitutes the essence or critical part of the copied or used work. Users should post links to articles and materials whenever possible rather than duplicating complete works. 4. The Effect of the Use upon the Potential Market for or Value of the Copyrighted Work. DM3\948233.2 126 This factor is considered the most important element to be considered under the fair use analysis. Duplication or use of a copyrighted work that is not detrimental to and does not diminish the potential market for the work will support a finding of fair use. Examples Of Acts That Do Not Constitute Fair Use: a) b) c) d) e) Duplication of materials for profit. Duplication of material from published textbooks. Duplication of unpublished materials. Duplication of computer software for multiple use. Duplication of the same materials for classroom use term after term. IV. File Sharing And Peer-to-Peer Software Programs Current technology easily allows personal computers to duplicate and distribute copyrighted video images, audio recordings and other digital materials. Unfortunately this makes it is easy to violate the IU policy and US copyright law. For this reason the use of popular and freely distributed file sharing programs such as KaZaA, Gnutella (Morpheus, LimeWire, Gnucleus, Bearshare), Aimster, iMesh, and many other programs to download copyrighted music and video material, in almost every case, creates a violation of IU policy and US law. Most of these programs by default allow Internet users to copy files from a computer. Most programs do not provide alerts in advance or even ask the user‘s permission before turning a computer into an Internet file server. Some of these programs also install hidden components that allow file sharing to run in the background on a computer. As a result, whenever a computer is turned on, the file sharing application is also enabled, even if the application is not opened or actively used. Such an application places a user at a high risk of violating IU policy and copyright law by becoming an unlawful distributor of copyrighted material. For example, what you may believe to be a single one-time policy violation consisting of downloading a single track of music from a popular CD is actually an around-the-clock violation of IU policy and copyright law because anytime your computer is turned on it is publicly announcing to the Internet (perhaps unknowingly to you) that the single music track you previously downloaded is now available on your computer for distribution via the IU network. Because IU has a reliable and large capacity connection to the Internet and because these file sharing programs favor computers connected to fast reliable networks, thousands of other Internet users flock to your computer to download your file. IU does not monitor computer use on the IU network to look for copyright violations; however, in the process of investigating network congestion or troubleshooting technical problems, IU may become aware of policy violations. In such cases immediate action may be taken by IU, including disconnection of network access. The law enforcement agencies, the Recording Industry Association of America (RIAA), and other copyright holders of digital media are actively monitoring the Internet for users DM3\948233.2 127 who are actively distributing copyrighted material. The recording, film and software industries have become very aggressive in their active pursuit of copyright infringement. Millions of dollars have been spent to develop and maintain software which is able to search the Internet and identify unauthorized distribution of their protected titles. This active monitoring is specifically designed to search for distribution of materials using the most commonly used software packages including KaZaA, Gnutella (Morpheus, LimeWire, Gnucleus, Bearshare), Aimster, iMesh, as well as many others. V. Software Generally Protected By Copyright Law The vast majority of all computer software is protected by copyright law. The exceptions to this rule are so few Users should assume that all software on IU's computer system, on third party systems, or available through the Internet is protected by copyright, unless there is a clear indication to the contrary. Simply stated, copyright laws allow a user of software to use the software, load it onto the hard drive of a computer, and retain the original disk as an archive copy. Users are not allowed to modify the software, make more copies of it, simultaneously use a single copy on both a home and a campus computer, or distribute the software through the Internet, unless the license agreement explicitly permits those activities. Possessing software for which an individual does not own a license is a violation of the Copyright Act, and may subject both IU and individual Users to sanctions as set forth in the Copyright Act. For all practical purposes, the fair use exception does not apply to operating system and application software. In addition to application software and operating systems, federal copyright protection also extends to the data files (content) created for use with or by applications and operating systems (e.g., spreadsheets, databases, quicktime video files, scanned images). Unauthorized creation, copying and distribution of these materials are violations of the federal copyright statute, unless they can be construed as fair use. VI. Violation of Copyright Laws Upon obtaining knowledge that material residing on its systems or networks is infringing or that its systems or networks are being used for infringing activities (or upon becoming aware of circumstances from which infringing activity is apparent), IU will act expeditiously to remove or disable access to the infringing materials and may deny the Users responsible further access to its systems or networks. In addition, Users who willfully disregard or violate copyright law may be subject to disciplinary action in accordance with applicable disciplinary policies and procedures. The IU Acceptable Use Policy and the IU Copyright Policy state that the receipt of, possession of, or distribution of copyrighted material without the permission of the copyright holder is prohibited. Such acts are a violation of the laws of the United States (Title 17, U.S. Code). Violators of copyright law could be subject to felony charges in DM3\948233.2 128 state or federal court, and may also be sued by the copyright holder in civil court. Such civil suits could subject the violator to liability for infringement with damages up to $100,000 per work. VII. Digital Millennium Copyright Act The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton in October, 1998. One of the provisions of the legislation provides an opportunity for universities such as IU to shield themselves from liability for the actions of Users that infringe on the copyrights of others. Any use of the IU network, email system, or web sites to transfer copyrighted material including, but not limited to, software, text, images, audio and video is strictly prohibited. As indicated above, acts of piracy are violations of state and federal laws, and as such, may result in criminal charges. VIII. Reporting A Violation Any issues or concerns related to the use of copyrights at IU should be directed to the Copyright Officer, Gabriele Library, 610-647-4400, extension 3841. DM3\948233.2 129 Section VII– Student Crime Reporting STUDENT CRIME REPORTING POLICY The University encourages students to report criminal activity immediately to the Department of Campus Safety and Protection and/or local law enforcement officials. If the student desires, University officials will facilitate the reporting of crimes to local law enforcement authorities and provide available support services to the student victim. A student who is a victim of a rape, sexual assault, or sexual abuse is strongly encouraged to report this crime immediately to the local police, to the University‘s Dean of Students or to the Department of Campus Safety and Protection. The University provides support to victims of sexual offenses through on campus resources such as the Counseling Center, Mission and Ministry, Student Health Services, Residence Life and Housing, the Department of Campus Safety and Protection, Dean of Students, together with University assisted referrals to other support services provided by the Crime Victim‘s Center of Chester County. Caring professionals are available to discuss the student‘s options and to offer support, compassion and practical assistance. It is each student‘s individual decision whether to report such crimes to the local police but the University urges that reporting takes place to help assure a safer living and working environment for the entire University community. Even if a victim does not wish to pursue a criminal prosecution or initiate a formal complaint, the University encourages the victim to notify local law enforcement authorities in order that appropriate rape prevention efforts can be pursued in an informed way. INCIDENT REPORT FILING POLICY Any member of the University community (faculty, staff, administrator or student) may file a report of a violation of the Student Code of Conduct to a member of the Department of Campus Safety and Protection, staff from the Office of Residence Life and Housing (including Resident Assistants) or the Dean of Students. The Dean of Students will review the incident report and when warranted, forward to an Administrative Hearing Officer or Conduct Board for further processing as outlined in the Student Disciplinary Procedures – Non-Academic. MISSING STUDENT NOTIFICATION POLICY I. POLICY If a member of the University community has reason to believe that a student is missing, whether or not the student resides on campus, it is the policy of this department that all possible efforts will be made to locate the student to determine his or her state of health and well being. These efforts will be undertaken through collaboration with the various departments in the University as well as local law enforcement agencies. DM3\948233.2 130 II. CONTACT INFORMATION Each student is given the opportunity via their SSIU account to identify an individual to be contacted no later than 24 hours after the student is determined missing. A student may review or revise his/her information online at anytime. If the student wishes to register confidential contact information to be used in the event that the student is determined to be missing for a period of more than 24 hours he/she should contact the Registrar‘s Office who will make the proper notation to the student record. III. INVESTIGATORY PROCEDURES Any missing person report relating to a student enrolled at the University must be immediately referred to the Campus Safety and Protection Department. If the student is an off-campus resident, the Campus Safety and Protection Department will informally enlist the aid of the neighboring police agency having jurisdiction. Appropriate family members or associates are encouraged to make an official missing person report to the law enforcement agency with jurisdiction. The Campus Safety and Protection Department will cooperate, aid and assist the primary investigative agency in all ways prescribed by law. If the student is an on-campus resident, the Campus Safety and Protection Department will secure authorization from Student Development and Engagement officials to make a welfare entry into the student‘s room. If the student is not found in the room or in another University facility, the Campus Safety and Protection Department will open an official investigation and retain status as the primary investigative unit; as well as notify the local authorities. Concurrently, University officials will endeavor to determine the student‘s whereabouts through contact with friends, associates, and/or employers of the student and, where available, through use of the student‘s confidential contact information. Whether or not the student has been attending classes, labs, recitals, and scheduled organizational or academic meetings, or appearing for scheduled work shifts, will be established. If located, verification of the student‘s state of health and intention of returning to the campus will be made. When and where appropriate, a referral will be made to the Counseling Center and/or the University Student Health Services Center . If the Campus Safety and Protection Department determines that a student has been missing for more than 24 hours, it will notify appropriate law enforcement and University officials, contact persons and, for unemancipated students under 18 years of age, the custodial parent or legal guardian, as is set forth below. DM3\948233.2 131 IV. NOTIFICATION OF APPROPRIATE OFFICIALS AND OTHER PERSONS All pertinent law enforcement agencies, be they neighboring municipal, county, or state; those located along suspected travel corridors; or place of original domicile, will be notified no later than 24 hours after the time the student is determined missing and requested to render assistance, through direct telephone contact or visit, and/or radio transmission with a comprehensive BOLO (be-on-lookout) message, based on the totality of up-to-date information. Consideration will be given to providing a photo of the missing student to external agencies. If a student who is the subject of a missing person report has been missing for more than 24 hours, the University will initiate the emergency contact procedures in accordance with the student‘s designation in their student record on Banner SSIU. The University will notify the custodial parent or guardian of a student residing in campus housing who is under 18 years of age and unemancipated (under the laws of the student‘s state of residence) not later than 24 hours after the student is determined to be missing. Upon closure of the investigation, all parties previously contacted will be advised of the status of the case. ―Suzanne‘s Law‖ was signed into law in the spring of 2003, as part of the national ―Amber Alert‖ bill requiring local police to notify the National Crime Information Center (NCIC) when someone between 18 and 21 is reported missing. Previously, police were only required to report missing persons under the age of 18. This law is intended to encourage police to begin investigating immediately when college-age persons disappear. TIMELY NOTIFICATION POLICY It is the policy of Immaculata University to issue Timely Notification/Crime Alerts to inform the Immaculata community on an ongoing basis of an immediate threat of a significant emergency or of a dangerous situation in and around our community, as mandated by the U.S. Department of Education. When a crime has been reported to a ―campus security authority‖, as defined in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (―Clery Act‖), depending on the particular circumstances, especially in situations that could pose a threat to the University community and/or individual members, the Campus Safety and Protection Department may issue a warning. In the event of a credible immediate threat to the safety of the University community or individual members, the Department of Safety and Protection will send an emergency notification to appropriate members of the University community, advising of the nature of the emergency and guidelines to follow to reduce members‘ risk of injury. DM3\948233.2 132 I. GENERAL The Director of Campus Safety and Protection or his/her designee is responsible for consulting with the department staff, local police department(s), and with other campus authorities (as deemed necessary and in accordance with the Emergency Operations Plan, if applicable) in making the determination on a case-by-case basis of when ―Timely Notification‖ of an Emergency or a Crime Alert is disseminated. Each Notification must be approved by the Vice President for Student Development and Engagement or his/her designee. Each Notification must also be approved by the Director of Campus Safety and Protection or his/her designee. Methods of dissemination may include, but are not limited to, use of e-mail, voicemail, posting of hard copies in public areas, posting on University website , e2campus, MyIU portal, fliers, use of local media outlets and other methods appropriate under the circumstances Following issuance, Timely Notifications/Crime Alerts will be posted in a conspicuous location within the Lourdes safety office for public view. This posting will be for a period of no less than 60 days. II. Timely Notice – Emergencies The authority to declare a campus state of emergency rests with the President of the University or, in his/her absence, a Vice President. The Director of Campus Safety and Protection or his/her designee shall immediately consult with the President or a Vice President where there is the possible need for a declaration of a campus state of emergency and follow the procedures established in the Emergency Operations Plan. Timely Notice of such emergency shall be given to all members of the University community advising of the nature of the emergency and the guidelines to follow to reduce their risk of injury. In the event of an emergency where there is not the possible need for a declaration of a campus state of emergency, the Director of Campus Safety and Protection or his/her designee shall, after consultation with the Vice President for Student Development and Engagement or his/her designee, issue a Timely Notification of the Emergency to the affected members of the University Community advising of the nature of the emergency and the guidelines to follow to reduce the members‘ risk of injury. III. Timely Notice - Evacuation The determination of when a full or partial evacuation is required is set forth in the Campus Emergency Evacuation Plan, which is Appendix 3 of the Emergency Operations Plan. Timely Notice of a full or partial evacuation shall be provided to the affected members of the University community in accordance with the terms of the Campus Emergency Evacuation Plan. DM3\948233.2 133 IV. Timely Notice - Clery Act/Crime Alerts When a Crime Alert is issued, it is the responsibility of the issuing authority to cause immediate notification to the administrators comprising the Emergency Management Team as defined in the Immaculata University Emergency Operations Plan. Consideration should be given to notifying local police departments and the Chester County 911 dispatch center. In relation to the Clery Act, a two-prong test shall be applied to determine if a Crime Alert will be issued. Was the incident that was reported to a campus security authority or local police: 1) Identified as a Clery Act crime (murder, manslaughter, sex offense (forcible/nonforcible), robbery, aggravated assault, burglary, motor vehicle theft, arson); AND 2) Is the crime considered to pose a serious or continuing threat to students, faculty, staff, or visitors? Timely Notifications/Crime Alerts contain in the subject line the phrase ―Timely Notification‖ or ―Crime Alert‖ depending on the nature and severity of the threat. The body of each Crime Alert will include information regarding the Clery Act requirement; the corresponding university case number (i.e. IUSP Case Number: 2009-00001); a short description of the crime or incident giving the time and date, location, reported offense, suspect description, weapon used (if any), and suspect vehicle (if any) and method of operation (MO) used to facilitate the crime. The Notification must also include personal safety information to aid members of the University community in protecting themselves from becoming victims of a similar crime and promote overall safety for our educational community. V. Timely Notification Action Report When a Timely Notification/Crime Alert is issued, a corresponding Timely Notification Action Report shall be completed and filed. Timely Notification Action Reports for Crime Alerts required by the Clery Act shall be filed in the Clery Annual Retention file with attached copies of the Notification. With the exception of case reports involving juveniles, a copy of the associated incident report(s) shall also be attached. With regard to juvenile case reports, a notation will be placed in the ―Miscellaneous Comments/Information‖ section on the Timely Notification Action Report identifying the location of the related case report (i.e. juvenile records file cabinet). For all Timely Notifications of crimes not required by the Clery Act, a Timely Notification Action Report shall be filed in the Department of Campus Safety and Protection. For all Timely Notifications of non-criminal activity, such as emergencies or DM3\948233.2 134 natural disasters, a Timely Notification Action Report (Non-Criminal) shall be filed in the Department of Campus Safety and Protection. When it is decided that a Timely Notification/Crime Alert will not be issued, such as in circumstances where the possible risk of compromising law enforcement efforts or for crimes reported to a pastoral or professional counselor, the appropriate form of Timely Notification Action Report will be completed documenting the reason for non-issuance of a Timely Notification. Status updates as to the resolution and/or un-founding of a crime and issued Timely Notifications/Crime Alerts will be similarly disseminated and updated as soon as possible. VI. REPORTING Members of the community who know of a crime or other serious incident should report that incident as soon as possible to the personnel in the Department of Campus Safety and Protection so a determination as to issuing an alert may be made. VII. Other Departments If community members report crime or serious incidents to other campus security authorities or university administrators, those persons will notify the Department of Campus Safety & Protection. VIII. MEDIA RELATIONS Campus staff and students should not discuss any details concerning a campus emergency with any media personnel. All questions, communications or requests for information by news media for campus personnel should be directed to the Vice President for University Communications or his/her designee, who will coordinate all dissemination of information on campus. DM3\948233.2 135 Section VIII – Student Disciplinary Procedures – Non-Academic DISCIPLINARY PROCEDURES Disciplinary Reports/Cases will be handled in accordance with the applicable University disciplinary procedure. Any member of the University community may file an Incident Report against any student, student group, or organization for alleged violations of University rules, regulations, or policies. Incident Reports should be forwarded to the Assistant Dean of Students. The Student Disciplinary Procedures – Non-Academic is a closed disciplinary system. The only individuals who may be present for a disciplinary hearing include the student charged with violations of the Student Code of Conduct, the student bringing the charges forward, witnesses for a relevant period of time as needed, designated University advisors, and the hearing officer or University Conduct Board members. Individuals such as parents, guardians, attorneys, non University members, and friends, are not allowed to participate in the disciplinary process or adjudication of charges. Please Note: in the event that a student (victim or perpetrator) withdraws or otherwise leaves the University during any phase of the disciplinary process, the University may not be able to proceed under the Student Disciplinary Procedures Non-Academic; such reports will be filed and processed if the respective student(s) returns to active status at the University. 1. The person(s) making the charges will provide, to the extent possible, the following in writing: a. Date of the incident b. Name and address of the student(s) involved c. Specific University rule or regulation the student(s) violated d. A statement of the circumstances e. Names/addresses of witnesses 2. The individual(s) making the charges must sign the statement of charges. 3. The charges will be reviewed with the accused student(s) whose signature(s) will be requested to acknowledge receipt of the charges. 4. At any stage of the investigation or adjudication of disciplinary charges, where criminal charges relating to the same offense are pending, an accused student may refuse to answer any question(s) and any such refusal will not be held against him/her. KEY DEFINITIONS Administrative Hearing – a student conduct hearing adjudicated by an Administrative Hearing Officer, where the accused student can request a student advisor, present their case, and the testimony and evidence of witnesses. The Administrative Hearing Officer may call witnesses and introduce evidence. In adjudicating a Disciplinary Report, an Administrative Hearing Officer shall base his/her adjudication upon the preponderance of evidence. Sanctions DM3\948233.2 136 up to and including Probation may be imposed by an Administrative Hearing Officer. Administrative Hearing Officer – a professional or graduate staff member who is designated by the Assistant Dean of Students, or at the request of a Preliminary Hearing Officer and/or accused student, to adjudicate a particular Disciplinary Report. Appeals Process – when a student disagrees with a decision of the Administrative Hearing Officer or University Conduct Board, the student has the right to appeal certain decisions if defined grounds for appeal can be established. Please consult the ―Procedures for Appeal‖ section of the Student Handbook. Assistant Dean of Students - unless otherwise indicated, all references to the Assistant Dean of Students include the Assistant Dean of Students and/or his/her designee. Dean of Students - unless otherwise indicated, all references to the Dean of Students include the Dean of Students and/or his/her designee. Disciplinary Report – a report composed by the Assistant Dean of Students upon receipt of an Incident Report, if it is determined that formal disciplinary procedures will commence. The Disciplinary Report is a summary of the incident report and appropriate charges of the Student Code of Conduct. The Disciplinary Report will be forwarded to the Administrative Hearing Officer/University Conduct Board and the charges will be reviewed with the accused student(s) whose signature(s) will be requested to acknowledge receipt of the charges. Incident Report - a report submitted to the Assistant Dean of Students that a possible violation of the Student Code of Conduct has occurred. The filing of a report by any member of the University community does not mean that a violation has occurred or that a student is responsible for the violation, but that further investigation and/or adjudication should be considered. Not Responsible – when a student is determined by the Administrative Hearing Officer/University Conduct Board not to be in violation of the Student Code of Conduct. Preliminary Hearing – a conduct meeting where a student and a Preliminary Hearing Officer dialogue about a Disciplinary Report, where a student admits his/her involvement in a violation of the Student Code of Conduct, waives his/her right to further adjudication and accepts the sanction(s) imposed. If a student or the Preliminary Hearing Officer deems it more appropriate, either can request that the Disciplinary Report be adjudicated by an Administrative Hearing Officer or a University Conduct Board, in particular if the violation could result in a suspension or expulsion. A Preliminary Hearing Officer may impose sanctions up to and including Probation. Preliminary Hearing Officer – a professional staff member who is designated by the Assistant Dean of Students to conduct a preliminary investigation/adjudication of a Disciplinary Report. DM3\948233.2 137 Responsible – when a student accepts responsibility or is determined by a Administrative Hearing Officer/University Conduct Board, based on a preponderance of evidence, to be responsible for a violation of the Student Code of Conduct. Student Advisor - a student or professional/graduate staff member who serves in an advisory role concerning the Student Code of Conduct and Student Disciplinary Procedure – Non Academic to students who have been charged with a violation of the Student Code of Conduct. University Conduct Board (UCB) – a hearing board composed of students, administration and faculty, who are appointed by the President and who are trained in the University disciplinary system, and is designated by the Assistant Dean of Students to adjudicate Disciplinary Reports in particular those that may result in suspension or expulsion. University Conduct Board meets on a predetermined schedule or as convened by the Assistant Dean of Students. Vice President for Student Development and Engagement - unless otherwise indicated, all references to the Vice President for Student Development and Engagement include the Vice President for Student Development and Engagement and/or his/her designee. PREPARING FOR A DISCIPLINARY MEETING/CONDUCT HEARING It is the responsibility of every student accused of an alleged violation of the Student Code of Conduct to make him/herself familiar with the Student Disciplinary Procedure – Non Academic, the Student Handbook, the Student Code of Conduct and the possible sanctions imposed for violations of the Student Code of Conduct. While the University will endeavor to provide for and protect the student(s) right to a fair process, the final responsibility rests with the student(s). A student accused of an alleged violation of the Student Code of Conduct may seek advice from any member of the University community including Administrative Hearing Officers; however some professional or graduate staff members may not be able to offer assistance due to a conflict of interest in a particular case or because of their position in the student disciplinary system. If a student wishes to have an advisor, the Assistant Dean of Students will assist the student in identifying an appropriate student or staff member. INCIDENT REPORTS/DISCIPLINARY REPORTS STRUCTURE PROCESS After review of a submitted Incident Report, the Assistant Dean of Students may recommend mediation, refer the case for disciplinary action, request a continued investigation of the report, classify the report as information only and/or classify the report as closed. If it is determined that formal disciplinary procedures will commence, the Assistant Dean of Students will assign or clarify charges that are alleged violations of the Student Code of Conduct and compose a Disciplinary Report. The Assistant Dean of Students may appoint a Preliminary Hearing Officer to conduct a preliminary investigation of the charges or may determine that further investigation is not warranted and may assign the Disciplinary Report to an Administrative Hearing Officer or, particularly in cases that may result in suspension or expulsion, a University Conduct Board. Students will be afforded a fair process in the DM3\948233.2 138 adjudication of any Disciplinary Report or follow-up investigation in which s/he is named. Please Note: during the last two weeks of a semester a University Conduct Board may not be scheduled to convene; in the event that a case needs to be adjudicated before the first scheduled conduct board of the next semester, the Assistant Dean of Students may assign a Preliminary Hearing Officer or an Administrative Hearing Officer. PRELIMINARY HEARING PROCEDURE 1. The Preliminary Hearing Officer will review the Disciplinary Report, including all modifications or clarifications of charges to determine if adjudication is warranted. The Preliminary Hearing Officer may consult the accused, the person or office submitting the report or any witnesses to make a determination. 2. The accused student(s) will be notified in writing to report for a Preliminary Hearing. At the Preliminary Hearing the Preliminary Hearing Officer will explain the charge(s) and discuss the applicable disciplinary procedures. A copy of the Disciplinary Report will be given to the student(s). The students(s) will sign an acknowledgement that the charge(s) and procedures have been reviewed and that s/he is in receipt of the Disciplinary Report. Signing does not indicate responsibility for the charge(s). 3. If an accused student fails to meet the Preliminary Hearing Officer within three (3) days after notification, the student may be subject to disciplinary action without further consultation. 4. Where the Preliminary Hearing Officer determines that a disciplinary hearing is not justified, this conclusion will be recorded on the Disciplinary Outcome Form which will be sent to the Assistant Dean of Students. The Assistant Dean of Students will notify the accused student of this conclusion in writing. 5. When the Preliminary Hearing Officer determines the alleged conduct deserves further consideration, and the student chooses not to contest the charges or have the case adjudicated further, the Preliminary Hearing Officer may take disciplinary action up to and including Disciplinary Probation. The Waiver of Right to Adjudication of Disciplinary Charges Form, which must include the sanction(s) to be imposed, must be completed. When circumstances warrant suspension or expulsion, these actions are recommended to the Assistant Dean of Students who may designate a University Conduct Board. 6. If the student disagrees with the charge(s) and/or the sanction(s) imposed, s/he can request that the Disciplinary Report be referred for further adjudication and must indicate whether s/he is requesting a University Conduct Board or an Administrative Hearing Officer. The Request for Adjudication of Disciplinary Charges Form should be completed. DM3\948233.2 139 7. The Disciplinary Report Form/Disciplinary Outcome Form and the Request for Adjudication of Disciplinary Charges Form are returned to the Assistant Dean of Students and the Assistant Dean of Students will designate a University Conduct Board or an Administrative Hearing Officer as indicated by the student, or a University Conduct Board if the Assistant Dean of Students concludes that suspension or expulsion may be warranted. ADMINISTRATIVE HEARING OFFICER OR UNIVERSITY CONDUCT BOARD (UCB) PROCEDURE 1. Implemented by the Assistant Dean of Students; or when the Preliminary Hearing Officer determines that further disciplinary consideration is warranted; or when the student requests further adjudication, the Disciplinary Report is returned to the Assistant Dean of Students, who designates an Administrative Hearing Officer or University Conduct Board as indicated by the student, unless the Assistant Dean of Students concludes that suspension or expulsion may be warranted and a UCB will be convened. Please Note: During the last two weeks of a semester a University Conduct Board may not be previously scheduled to convene; in the event that a case needs to be adjudicated before the first scheduled conduct board of the next semester, the Assistant Dean of Students may assign a Preliminary Hearing Officer or an Administrative Hearing Officer. 2. The accused student has no less than five (5) days to prepare for the hearing after the conclusion of the Preliminary Hearing or after notification by the Assistant Dean of Students that a hearing will be conducted. If the accused student wishes to have a Student Advisor, the student must notify the Assistant Dean of Students within this five day period to be assigned an advisor. 3. The Assistant Dean of Students notifies the University Conduct Board or Administrative Hearing Officer and the accused of the date, time, and location of the hearing. The accused student is responsible for contacting appropriate eye-witnesses on his/her behalf and informing them of the date, time, and location of the hearing. If needed, the Administrative Hearing Officer or the Assistant Dean of Students is responsible for contacting eye-witnesses as listed in the Incident Report and informing them of the date, time and location of the hearing. Names of witnesses and/or the student advisor must be submitted to the Assistant Dean of Students in writing at least 24 hours in advance of the hearing. Exceptions to the 24 hour notice will be at the discretion of the Administrative Hearing Officer or board chair. 4. The Assistant Dean of Students shall forward a copy of any Incident Reports, the Disciplinary Report and alleged violations of the Student Code of Conduct to the University Conduct Board or the Administrative Hearing Officer. 5. The University Conduct Board or the Administrative Hearing Officer will conduct a conduct hearing considering evidence provided by the accused, witnesses, University DM3\948233.2 140 personnel and written University reports including but not limited to Incident Reports, Office of Residence Life and Housing reports and the Department of Campus Safety and Protection reports. 6. Upon hearing all witnesses and reviewing all reports the University Conduct Board or the Administrative Hearing Officer will make a determination as to responsible or not responsible based on the preponderance of evidence presented. 7. Upon the conclusion of deliberations, the University Conduct Board or Administrative Hearing Officer will inform the student of the outcome of the hearing (responsible or not responsible by individual charges of violations of the Student Code of Conduct) and will impose sanctions appropriate for the current violations and considering any past history of violations of the Student Code of Conduct. Neither the University Conduct Board nor the Administrative Hearing Officer should review past disciplinary history in determining sanctions until after a determination of responsibility. 8. The University Conduct Board or the Administrative Hearing Officer will inform the accused of the final decision and sanctions verbally and will forward all Disciplinary Reports and Disciplinary Outcome Forms to the Assistant Dean of Students who will notify the student in writing as to the outcome of the conduct hearing. 9. Should a student choose to appeal the decisions of a University Conduct Board or an Administrative Hearing Officer, see ―Student Procedure for Appeal – Non Academic‖. DESIGNATED FIRST OFFENSE PROCEDURE Where violations of the Student Code of Conduct can be determined because an Incident Report, Office of Residence Life and Housing report or the Department of Campus Safety and Protection report indicate that an accused student is responsible for a violation of the Student Code of Conduct, the student(s) will receive a verbal warning at the time of the incident that his/her conduct is in violation of University rules and regulations. The verbal warning will be confirmed in writing by the Assistant Dean of Students and is an official proceeding of the Student Disciplinary Procedure – Non Academic. If a student disagrees with the verbal warning, then s/he can make a request to the Assistant Dean of Students and a Preliminary Hearing Officer will be assigned. Such first offense violations of the Code of Conduct may include but are not limited to Noise, Visitation, Smoking, Misuse of Lounge Furniture, other residential living policy violations. NOTIFICATION OF CONDUCT PROCEEDING RESULTS The accused student will be informed in writing as to the final decision of any Administrative Hearing Officer or Conduct Board. Victims of Student Code of Conduct violations cannot be informed of the results of disciplinary proceedings except in sex offense cases or physical harm cases. Federal law, specifically the Clery Act and the Higher Education Opportunities Act, provides that both the alleged victim (or the next of kin in the event that the alleged victim DM3\948233.2 141 dies as a result of the crime or offense) and the accused must be informed of the outcome of any campus disciplinary proceedings brought alleging a covered sex offense. PROCEDURES PERTAINING TO ANONYMITY Anonymity will be granted when there is a) reasonable cause to believe that the physical or psychological welfare of the witness is in jeopardy; or b) the witness would be subject to intense harassment. Upon request of the witness, the director of the Department of Campus Safety and Protection will thoroughly investigate the incident and make a recommendation on the granting of anonymity, subject to the concurrence and approval of the Dean of Students and the chair of the University Conduct Board. Any statements of an anonymous witness will be given to the accused student prior to the hearing. The accused student may then challenge the statement and present questions to be answered by the anonymous person in a manner to be determined by the hearing officer or chair of the University Conduct Board. WRITTEN AFFIDAVITS OR STATEMENTS In the event that a witness is unable to attend a scheduled hearing or University Conduct Board, then a written statement can be submitted. The statement should be submitted to the Assistant Dean of Students at least 24 hours in advance of the hearing. Exceptions to the 24 hour notice will be at the discretion of the Administrative Hearing Officer or chair of the University Conduct Board. The affidavit or statement should be submitted at the same time as the list of witnesses is submitted to the Assistant Dean of Students. PROCEDURES FOR RECUSAL A University Conduct Board member or Administrative Hearing Officer shall recuse himself/herself where there is a conflict of interest, an appearance of impropriety or bias in connection with a report or case. A student, University Conduct Board member or Administrative Hearing Officer may ask for recusal by specifying the grounds in writing. If the University Conduct Board member or Administrative Hearing Officer refuses to recuse him/herself, the Assistant Dean of Students will decide whether recusal is appropriate. A decision on a request for recusal must be made by the individual or the Assistant Dean of Students within three calendar days. When an individual has been recused, a substitute University Conduct Board member or Administrative Hearing Officer will be appointed by the Assistant Dean of Students. MEDIATION The University encourages its members to attempt to resolve conflicts in a reasonable and responsible way. Immaculata University may, at the discretion of the Dean of Students, require students to attempt to mediate the resolution of a complaint first through the mediation procedure before resorting to the traditional disciplinary process. Any complainant or accused student may request that the Dean of Students consider a complaint for referral to the mediation process. In the event that the Dean of Students requires mediation of a particular complaint, the Dean DM3\948233.2 142 of Students will appoint a mediator from the faculty or staff. After a mediator has been appointed, the mediator will meet with all relevant individuals involved to assess the severity of the dispute. The mediator will help resolve concerns on an ad hoc and confidential basis. If after reasonable efforts, the situation cannot be resolved by mediation in the opinion of the mediator in consultation with the Dean of Students, the Dean of Students may forward the complaint through the appropriate procedures provided for in the Student Code of Conduct. EXTRAORDINARY PROCEDURES In exceptional circumstances, the University may have an obligation to act before a hearing can be held, or to postpone its own hearing in favor of some other course of action. In such cases, the following procedures may apply: A. Disciplinary Hold (Dean‘s Hold) on Records At any time after a possible violation of the Student Code of Conduct comes to the attention of the Dean of Students, s/he may place a ―Disciplinary Hold‖ on the academic records of a student in order to preserve the status quo pending the outcome of proceedings under the Student Code of Conduct. A Disciplinary Hold may prevent, among other things, registration, the release of transcripts, and the awarding of a diploma. B. Pending Criminal or Civil Proceedings The University may proceed under the Student Code of Conduct regardless of possible or pending civil claims or criminal charges arising out of the same or other events. The Dean of Students, with the concurrence of the Vice President for Student Development and Engagement, after consulting with the University Counsel, shall determine whether the University shall proceed with a case against a student who also faces related charges in a civil or criminal tribunal. If the University defers proceeding with a case against a student in light of related charges in a civil or criminal tribunal, the University may subsequently proceed under the Student Code of Conduct regardless of any time limitations set forth elsewhere in the Code. In the event a student is suspended in accordance with this Code‘s interim suspension provisions and the University defers proceeding under the conditions described in this paragraph regarding pending civil claims or criminal charges, the interim suspension may continue in place pending the outcome of the pending civil claims or criminal charges and University‘s subsequent proceedings under the Student Code of Conduct. Where students plead guilty, plead nolo contendre, or who are found guilty of violating state, federal or local law for an offense which violates the Student Code of Conduct, the University may, in its discretion, impose sanctions without an additional hearing. Students retain the right to appeal only the sanction consistent with this Code. DM3\948233.2 143 C. Interim Suspension When in the judgment of University officials, an individual poses a threat to himself, herself, or the community, or the student has been charged with a crime of a serious nature, the student may be suspended on an interim basis. The Interim Suspension could be a complete removal from the University where the student would need to vacate University Housing, would not be able to attend academic classes nor allowed on any University property; or, the Interim Suspension could be a removal from University Housing and/or extracurricular activities, and designated University property but the student would still be allowed to attend academic classes. If a student disagrees with the Interim Suspension, s/he can request an appeal within twenty-four hours from the interim suspension notification on the validity of the Interim Suspension. A conduct board will be convened to determine the validity of the Interim Suspension. This board will not adjudicate the alleged violations of the Student Code of Conduct. If the behavior will be pursued by the University as a violation of the Student Code of Conduct, then a hearing in accordance with the procedures outlined in the Student Disciplinary Procedures – Non Academic will be held as soon as possible to determine the final outcome of the case, except where the University defers proceedings in light of pending civil claims or criminal charges as described in section (B). If an individual poses a threat to himself, herself, or the community, and if the behavior will not be pursued by the University as a violation of the Student Code of Conduct, a hearing will be held before the Vice President for Student Development and Engagement or the Dean of Students to determine the appropriateness of the student‘s returning to the University. When in the judgment of University officials there is a reasonable basis to believe a student respondent may have committed a crime of a serious nature, the student respondent may be suspended on an interim basis for a period of 90 days in order to await the determination of the complainant and/or local governmental authorities as to whether criminal charges will be brought against the student respondent. If criminal charges are not initiated within the 90 day period, a University hearing will be held as soon as possible. If criminal charges are initiated within the 90 day period, the provisions of Section (B) regarding Pending Criminal Proceedings shall apply. Students who receive an interim suspension from the University must contact the academic dean of the respective college to discuss the academic impact of the suspension. The dean will outline for the student the academic resolution. This resolution may result in the withdrawal from all classes. DM3\948233.2 144 Section IX - Student Procedure for Appeal Non-Academic PROCEDURES FOR APPEAL The Vice President for Student Development and Engagement or his/her designee will hear appeals regarding decisions made by an Administrative Hearing Officer or a University Conduct Board. All decisions made by the Vice President for Student Development and Engagement and/or his or her designee are final. When grounds for an appeal have been established, one of the following procedures will be followed: a. The Vice President for Student Development and Engagement may accept the report as presented or as subject to a specific reduction in the sanction imposed; may return the case to the Conduct Board or Administrative Hearing Officer for further proceedings; or, may dismiss one or more of the charges entirely. b. An Appeal Board may be established. The Appeal Board will include an administrator appointed by the Vice President for Student Development and Engagement and two representatives from the Conduct Board designated by the Vice President for Student Development and Engagement. The Vice President or designee will sit as Chair (ex officio) of the Appeal Board. Board decisions in all cases are advisory to the Vice President. The Appeal Board will determine the procedure to follow after consideration of the specific case. The Appeal Board will adhere to the principles of appropriate process as outlined within the Student Disciplinary Procedure – Non Academic. There are only two appealable reasons, Appeal for New Hearing and Appeal for Review of Sanction as outlined here within. A. Appeal for New Hearing The accused student and the complainant have the right to file a written appeal to the Vice President for Student Development and Engagement. Appeals may be filed for the following reasons: 1. That she or he did not receive a hearing consistent with the principles of appropriate process outlined within the code of conduct; 2. That certain relevant evidence was not reviewed; or, 3. Presence of new material evidence that was not available through no fault of the appealing party at the time of the original hearing. The appealing party must file a typewritten appeal within two days of verbal notification of the outcome of the hearing stating the specific reason and justification for the appeal as outlined above. He or she must schedule an appointment to discuss the appeal with the Vice President for DM3\948233.2 145 Student Development and Engagement so that the appeal is held within 5 -10 days of notification of the outcome of the hearing. B. Appeal for Review of Sanction The Vice President for Student Development and Engagement or his/her designee will hear appeals in cases where the sanction is expulsion, suspension, loss of good disciplinary standing, or loss of campus residency, and the student believes that the aforementioned sanctions are disproportionate to the offense. Other sanctions are not subject to review. Review of the sanction may occur only after the judicial process has been completed and a sanction has been imposed. For the purposes of this review, the Vice President for Student Development and Engagement or his/her designee will accept as binding the previous decision that the accused student has violated the Code of Student Conduct. For all appeals the accused student must file a typewritten appeal within two days of verbal notification of the sanction stating the reason why the sanction should be reconsidered. He or she must schedule an appointment to discuss the appeal with the Vice President so that the appeal is held within 5 -10 days of notification of the sanction. PROCEDURES FOR APPEAL OF AN INTERIM SUSPENSION If a student disagrees with the Interim Suspension, s/he can request an appeal by stating so in a letter to the Vice President for Student Development and Engagement within twenty-four hours from the interim suspension notification. The Vice President for Student Development and Engagement or his/her designee will hear appeals regarding the interim suspension. The Vice President for Student Development and Engagement or his/her designee may accept the interim suspension as is, may dismiss the interim suspension, or convene a board to determine the validity of the interim suspension. The appeal of the interim suspension does not weigh into the adjudication process for the actual charges/case, nor is it in anyway a substitute for the hearing of the alleged violation(s) of the Student Code of Conduct. DM3\948233.2 146 Section X – Sanctions – Non-Academic SANCTIONS Students found to be in violation of University regulation policies and procedures may be subject to any of the following depending upon the violation and past disciplinary history at the University. The University reserves the right to impose any appropriate sanction which may not be listed below as necessitated by the circumstances of the violation. In determining sanctions for violations of University rules and regulations, the sanctioning Hearing Officer or Conduct Board will consider such factors as present attitude; past record, both positive and negative; the severity of the damage, injury, harm, or disruption done or the potential for such; the individual‘s honesty, cooperation, and willingness to make amends; and other factors deemed material. A sanction or a combination of sanctions from among those stated below may be imposed. The Dean of Students will assess sanctions for violations of University policy and sanctions will vary depending on the offense. Subsequent offenses of the Student Code of Conduct may result in increased fines and sanctions. The University reserves the right to reassign or revoke on-campus housing or take other appropriate action as deemed necessary, without a formal hearing, for those students whose behavior is considered disruptive or potentially detrimental to the individual, roommates, and/or others in the residential community. Denial of Access or Restriction to a University Building or Facility – The student will be denied access or allowed only restricted access to a specific building or facility for a stated period of time. Disciplinary Hold (Dean’s Hold) – The Dean of Students will place a hold on a student‘s academic records. A Disciplinary Hold may prevent, among other things, registration, the release of transcripts, and the awarding of a diploma. Disciplinary Probation – The student will be served notice that his/her behavior violates the University‘s Student Code of Conduct. S/he may be barred from participating in all or designated co-curricular activities and may be subject to other sanctions. S/he will be notified that any further violations of University rules and regulations will in all likelihood result in suspension or expulsion. Disciplinary Removal from University Housing – The student will be required to leave University Housing and will forfeit any prepaid housing fees. A notice will be placed in the file and will remain part of the disciplinary file until five years following graduation. The student may be barred from University Housing and will be notified that any further violations of University rules and regulations will in all likelihood result in suspension or expulsion. Removal from University Housing may be permanent or for a designated time period. DM3\948233.2 147 Disciplinary Reprimand – The student is warned that his/her conduct is in violation of University rules and regulations and that further misconduct may be treated more severely. Disciplinary Warning – The student is given a verbal warning at the time of the confrontation that his/her conduct is in violation of University rules and regulations. The verbal warning is confirmed in writing. Expulsion – The student will be barred from the University premises and permanently separated from the University. Fines – The student will be required to pay a specified monetary fine to the University within a specified period of time. Held in Abeyance – The sanction is held in abeyance for one semester. During this time the student must complete a specific educational program as designated by the Dean or Assistant Dean of Students and must not be found responsible for any violations of the Student Code of Conduct. Held in Abeyance may be implemented with Disciplinary Probation, Removal from University Housing or Suspension. Loss of Good Disciplinary Standing - A student will be excluded from participating in intercollegiate athletics or university sponsored activities, from holding any elected or appointed office in a University-recognized organization, from being selected for certain committees or programs, or from membership in student organizations for a stated period of time. Parental Notification – A student‘s parent or guardian will be notified if: a student is found to have violated the University regulations by committing an act of violence (including, but not limited to a forcible sex offense) or a non-forcible sex offense; a student under the age of twenty-one has violated University regulations concerning the use or possession of alcohol and or controlled substances; Referral for Prosecution – Where reasonable cause exists to believe a student has violated local, state or federal criminal laws – and especially where violations of laws relating to unlawful possession, use or distribution of illicit drugs or alcohol occurred on University property or in the course of any University activity – the matter may be referred to civil authorities for prosecution of the suspected offender. Restitution – The student is required to make payment to the University, other person, groups, or organizations for damages that result from violations of conduct regulations. Restrictions on Visitation – The student has specific restrictions placed on visitation privileges in the University Housing system. Restricted Visitation could include loss of visitation privileges or modifications to visitation privileges. Suspension – The academic and non-academic separation of the student from the University for a specified period of time. The student shall not participate in any University sponsored activity DM3\948233.2 148 and may be barred from University premises. Reinstatement after disciplinary suspension requires the approval of the Dean of Students. All academic requirements of the particular College must be met for reinstatement. Work Project – The student will be assigned to complete a specified work project as outlined in a work agreement. DM3\948233.2 149
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