2015-2016 STUDENT HANDBOOK Division of Student Development
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2015-2016 STUDENT HANDBOOK Division of Student Development
2015-2016 STUDENT HANDBOOK Division of Student Development 209 Swint Hall, Wheeling Jesuit University, Wheeling, WV 26003 (p) 304-243-2350 (f) 304-243-2352 Dear Wheeling Jesuit Student, The 2015-2016 Wheeling Jesuit University's Student Handbook is the guide to your rights and responsibilities as a Wheeling Jesuit community member (including undergraduate, graduate, online and English Language Institute students). Please read this document carefully and if you have any clarifying questions, please contact a member of the Student Development professional team. It is each student's responsibility to read and be familiar with the information contained in the Student Handbook and ignorance of a policy is not an acceptable excuse for violating it. Enrollment at Wheeling Jesuit University implies acceptance of these policies and procedures and makes them binding on all students. The Academic Catalog is an equally important source of institutional policies, expectations, and deadlines typically related to academic affairs. You need to be familiar with it as well. Students are expected to exemplify responsible behavior wherever they may be; as a result, the Student Code of Conduct applies to students both on and off campus. We are committed to your educational and personal development and want to help you get the most out of your time at Wheeling Jesuit. To do so, we invite you to take advantage of the countless opportunities to enhance your Life, Leadership, and Service by actively engaging the resources that are available to you. Along with understanding your rights and responsibilities of being a member of the WJU community, you should also understand your rights and resources under Title IX http://wju.edu/about/hr/policies/titleix.pdf Look for ongoing educational opportunities throughout the year to learn more about how you can be an active bystander to respond to incidents of discrimination and bias. As our Mission Statement declares: “To model the Jesuit concern for regional and global neighbors, the University welcomes people of all creeds, races and nationalities to share in the intelligent pursuit of excellence.” Respect for gender differences and personal safety goes without saying. I know you will join me in upholding this standard for yourself and others. While at Wheeling Jesuit, you will find many opportunities for leadership and fun through varsity, intramural, and club athletics, co- and extra-curricular clubs and programs, and opportunities to serve and connect with causes that interest you on the local, national, and global level. On behalf of the Division of Student Development, have a great year! Sincerely, Fr. William Rickle, SJ PhD Senior Vice President for Mission & Ministry/ Interim Dean of Student Development 2015-2016 Wheeling Jesuit University Student Handbook Page 1 TABLE OF CONTENTS Mission, Guiding Values, and Students’ Rights and Responsibilities ......................4 Mission Statement ..................................................................................................4 Guiding Values .......................................................................................................4 Student Rights and Responsibilities within the University Community ................5 Students’ Rights ..................................................................................................5 Students’ Responsibilities ...................................................................................6 Interpretation and Revision: ...................................................................................6 Student Code of Conduct ...........................................................................................7 Men & Women For Others: Pursuit of the Common Good ...................................7 Definitions ..............................................................................................................8 Student Code of Conduct Violations ....................................................................10 Student Code of Conduct: Level System .............................................................15 Student Code of Conduct: Violation Sanctioning Guidelines ..........................17 Definitions of Conduct Sanctions .....................................................................19 Resolving Cases ....................................................................................................21 Prior to Conduct Hearing ..................................................................................21 Types of Conduct Hearing Meetings & Conduct Violation Resolution ...........21 Hearing Board/Officers: ....................................................................................23 Case Delegation: ...............................................................................................24 Appeals .................................................................................................................24 Violations of Federal, State or Local Law ...........................................................26 Off Campus Conduct ............................................................................................26 Additional Policies & Regulations ..........................................................................27 Alcohol & Illicit Drug Policy ...............................................................................27 Student Code of Conduct - "I. Violation of the Alcohol Policy" .....................32 Alcohol Violation Sanctioning Guidelines: ......................................................36 Student Code of Conduct - "L. Violation of the Illicit Drug Policy” ...............36 11.0 Illicit Drug Violation Sanctioning Guidelines ..........................................37 Residence Life & Residence Hall Policies ...........................................................39 2015-2016 Wheeling Jesuit University Student Handbook Page 2 Table of Contents for Residence Life and Residence Hall Policies: ................39 Sexual Misconduct policy ....................................................................................60 Missing Student Notification Policy ....................................................................80 No Retaliation Policy............................................................................................82 Parental Notification Policy .................................................................................83 Posting Policy .......................................................................................................85 Academic Dishonesty & Integrity policy .............................................................87 Harassment Policy ................................................................................................92 Information Technology Policies .........................................................................97 Medical Leave of Absence Policy ......................................................................106 Organization: Human Rights and Values ...........................................................110 Smoking Policy...................................................................................................113 Student Records Policy .......................................................................................115 Vehicle Registration and Parking Violations .....................................................122 Zero Tolerance for Violence Policy ...................................................................124 Iggy Rock Area Reservation Policy ...................................................................125 2015-2016 Wheeling Jesuit University Student Handbook Page 3 MISSION, GUIDING VALUES, AND STUDENTS’ RIGHTS AND RESPONSIBILITIES MISSION STATEMENT Life The Jesuit traditions of educational excellence and service to others guide all the programs at Wheeling Jesuit University. By integrating learning, research and economic development with classical knowledge and Christian revelation, the University seeks to foster competence, creativity and innovation throughout and beyond the campus community. Graduates of the University enter the world of work with socially responsible goals, a lifelong appetite for learning and the desire to make our universe a better place. Leadership To model the Jesuit concern for regional and global neighbors, the University welcomes people of all creeds, races and nationalities to share in the intelligent pursuit of excellence. The University promotes close student-faculty contacts and encourages students to develop their full potential for leadership. Through a grounding in the liberal arts and, above all, example of Jesus Christ, the University endeavors to produce intelligent, moral leaders who will champion the Jesuit values of faith, peace and justice. Wheeling Jesuit envisions a dynamic leadership role for the University in the lives of its students and in the world at large. Service With and Among Others In its faculty and students, its research and outreach, the University is national and international. Yet as the only Catholic institution of higher learning in West Virginia, Wheeling Jesuit also values its distinctive mission to the immediate area, educating local men and women and returning them to enrich their own communities. Wheeling Jesuit University firmly believes its graduates will enter the professional world prepared to use their God-given talents not solely for personal fulfillment but as men and women in service to others. GUIDING VALUES The spirit of policies governing campus life at Wheeling Jesuit University, and the University's enforcement of these policies, are routed in the following tenants of our rich Jesuit tradition: Women and Men for Others: Generously serving our neighbors (including fellow students and University employees), especially when challenged by social forces and self-interests. Cura Personalis: Latin for "care of the whole, individual person." 2015-2016 Wheeling Jesuit University Student Handbook Page 4 Magis: Latin for "more," suggesting a spirit of excellence. Finding God in All Things: As members of a Jesuit community, we are all invited to search and find God in every circumstance of life. Jesuit Pedagogy: Jesuit teaching style that recognizes that everyone, in some capacity, serves as a teacher and mentor. Service of Faith & Promotion of Justice: To grow in faith and to have that faith reflected in action to change unjust social structures. Discernment: A process for making choices when the option is not between good and evil, but between several possible courses of action all of which are potentially good. STUDENT RIGHTS AND RESPONSIBILITIES WITHIN THE UNIVERSITY COMMUNITY Students’ Rights Supporting these expectations described in the mission, all student members of the Wheeling Jesuit University community have certain rights. These include: The right to learn, including the right of access to ideas, the right of access to facts and opinions, the right to express ideas, and the right to discuss those ideas with others in a civil, non-hostile environment. The right to be treated as an individual member of the community, including the right to be free of discrimination based on age, sex, religion, ethnic or national origin, handicap, sexual orientation, or status as a veteran, and the right to be free from harassment of any type. The right of peaceful coexistence, including the right to be free from violence, force, threats, and abuse, and the right to move about freely. The right to be free of any action that unduly interferes with student rights and/or a supportive learning environment. The right to express opinion, which includes the right to respectfully state agreement or disagreement with the opinions of others and the right to an appropriate forum for the expression of opinion. The right of privacy, which includes the right to be free of unauthorized search of personal spaces. Student conduct standards at Wheeling Jesuit University should not be equated to state or federal criminal Codes. Even in cases involving suspension or expulsion, our aims include education and student development as well as a just consequence. Consequently, our processes—grounded in fundamental fairness—are focused on disciplined and courteous truth- seeking, not adversarial procedures. We conduct investigatory proceedings, conferences and hearings, not trials. In student conduct procedures, students have: 1. The right to be informed of charges of misconduct, 2. The right to adequate time to prepare a response to the charges, 2015-2016 Wheeling Jesuit University Student Handbook Page 5 3. The right to hear evidence in support of the charges, 4. The right to present evidence against the charges, and such other procedural rights as are provided in this policy. Student Rights within the Conduct Process Students facing possible student conduct action for alleged violations of community standards are entitled to the following procedural rights: The right to be notified of charges against him/her with sufficient detail. The right to know the nature and source of the evidence that will be used against him/her, per federal regulations. The right to present evidence and witnesses relevant to his/her defense. The right to freedom against compulsory self-incrimination. The right to confidentiality, to the extent permitted by, and consistent with, applicable federal and state law. Students’ Responsibilities Along with rights come certain responsibilities. Student at the University are expected to act consistently with the values of the University community and to obey local, state, and federal laws. Students also have the: The responsibility for knowledge and observance of established university policies and other information presented in official university publications or electronic resources. The responsibility for assuming the consequence of one’s own actions and holding oneself and other accountable for the Code of Student Conduct. The responsibility to honor and allow for free discussion, both in and out of the classroom, which represents the scholarly nature of an academic community. As stated in the University’s non-discrimination policy, students have the responsibility to ensure that no student organization, constitution, or other organizational document includes discriminatory clauses pertaining to “race, color, religion, national or ethnic origin, ancestry, age, sex, sexual orientation, gender identity or expression, disability, veteran status or any other legally protected status”. INTERPRETATION AND REVISION: Any question of interpretation or application of the Student Handbook shall be referred to the Dean of Student Development and/or his/her designee. The Student Handbook shall be reviewed and updated as necessary annually under the direction of the Dean of Student Development and his/her designees. The University reserves the right to edit the Student Handbook at any time; any such revisions will be posted to and noted in this online version of the Student Handbook. When revisions require immediate changes to actual policy and/or procedures, students will receive written notification of such changes via University email. Policies and procedures may change due to necessity and/or at the discretion of the Dean of Student Development or his/her designee. 2015-2016 Wheeling Jesuit University Student Handbook Page 6 STUDENT CODE OF CONDUCT DATE APPROVED: November, 2015 DATE TO BE REVIEWED: July, 2016 DATE REVISED: October, 2015 APPROVED BY: Dean of Student Development REVIEWED BY: Director of Student Conduct REVISION NUMBER: 2.0 COMPLIANCE COMMITTEE: As Scheduled MEN & WOMEN FOR OTHERS: PURSUIT OF THE COMMON GOOD The quality of a Wheeling Jesuit University education is dependent upon the community acceptance and enforcement of the Honor Code. The Student Honor Code (Adapted Spring 2002 by Student Government) reads: We, as unique members of the Wheeling Jesuit University community, strive for constant improvement of ourselves through discipline, honesty, and responsibility. While embodying the values of integrity, accountability, and respect for others, we wish to be instruments of hope, justice, and righteous action. A students' decision to enroll at Wheeling Jesuit University indicates that they accept an invitation to participate, not only in their personal growth and development, but also in the growth and development of a "community marked by freedom, mutual respect, and civility." Students also accept the rights and responsibilities of membership in this community. The choice to become a member of this community implies the commitment to accept the rights and responsibilities of that membership, and students' participation in the process of developing the individuals and community we seek. We value the opportunity to provide a liberal arts education in the Jesuit tradition, and strive to maintain the living and learning environment in which that can occur. Our individual and communal respect for the dignity, integrity, and well-being and property of others is essential to develop and maintain the Wheeling Jesuit University community. In order to create an environment whereby students can live safely, succeed academically, and develop skills for life, leadership, and service, the University relies upon students to know and adhere to standards of behavior guided by university policies as well as local, state, and federal laws. While the Student Handbook attempts to include information on most of these regulations and policies, students need to review other publications and documents, e.g. the Academic Catalog and financial aid documents, available through various offices on campus. When Student Code of Conduct violations initiate in an academic forum, student conduct processes will occur in sync with specific academic departmental processes. The university conduct process is based on the assumption that conduct procedures, when required, should be an educational experience. Sanctions are imposed to help students develop a 2015-2016 Wheeling Jesuit University Student Handbook Page 7 sense of personal responsibility, to encourage self-discipline, to foster healthy choices, to promote respect for the rights of others, as well as to protect the rights, freedoms and safety of the entire campus community. Proceedings pursuant to the Student Code of Conduct shall be fair and expeditious. The procedures of criminal and civil courts shall not govern Wheeling Jesuit's private campus conduct procedures; as such, formal rules of evidence are not applicable. In all instances, university officials leading the conduct process bear the burden of establishing, by a consideration of the totality of evidence, that more likely than not, a violation of the student code of conduct has occurred. This standard indicates that the evidence presented is 51% likely to be true; this standard is lower than the "beyond a reasonable doubt" standard. The student does not have the right to legal counsel representation at any time during university proceedings. Students may designate a pre-approved University employee to serve as their Advisor at their hearing. Employees holding law degrees and/or who are student's family members cannot serve as Advisors. Advisors may furnish advice only to the student during the hearing. Advisors are allowed only at the discretion of the Dean of Student Development and/or or the Chief Academic Officer (for academic dishonesty violations) (and/or either of their designees) if their presence is deemed helpful to increase the educational value of the process and/or to provide personal support to the student. If allowed, the Advisor's role is to be one of consultation and support, not advocacy. Advisors will not be permitted to take part in conduct proceedings without a written release form from the student in question, indicating the students' approval of the advisor's presence in their conduct proceedings. These standards are established to address allegations of student misconduct across campus. The student conduct systems exist in a seamless environment to protect the rights of members of the community based on our Jesuit values and established by the policies of the University. The conduct system is designed to educate students, encourage sound decision-making and provide opportunities for growth and personal development, when found to be in violation of these community values. Wheeling Jesuit University's student conduct process will follow established procedures to ensure the integrity of the conduct process and an educational experience that facilitates the development of the individual and in accord with the university Jesuit values, including becoming men and women for others. DEFINITIONS The term "University" shall refer to the community of faculty, staff, and students at Wheeling Jesuit University, as well as to premises and facilities. The term "student" shall include any person currently enrolled, in the process of registration, or who will be registered for an academic term, course, program, or activity at the University. The term "faculty member" shall mean any person employed by the University who holds academic rank or performs teaching or research duties. 2015-2016 Wheeling Jesuit University Student Handbook Page 8 The term "staff member" shall mean any person employed by the University who is not considered faculty. The term "University premises/facilities" shall mean all buildings or grounds owned, leased, operated, controlled, or supervised by the University or any other recognized University affiliates. The term "organization" shall mean a group of persons who have complied with University requirements for registration or recognition. The term "University (sponsored) activity" shall mean any activity, on or off campus, which is initiated, aided, funded, authorized, or supervised by the University. The terms "will" and "shall" are to be used in the imperative sense, not imparting a choice. The term "may" is to be deemed permissive, imparting a choice. The terms "Dean of Student Development", “Director of Student Conduct and Deputy Title IX Coordinator”, and "Director of Residence Life" refer to individuals holding those positions and/or their designees. The term "University official" includes all full, part-time, and contracted employees, including paid law enforcement hired for specific University events and student employees such as Resident Assistant, Student Security Assistant, and Desk Attendant staff 2015-2016 Wheeling Jesuit University Student Handbook Page 9 STUDENT CODE OF CONDUCT VIOLATIONS The following violations of the Student Code of Conduct standards will be processed through the Dean of Student Development and/or his/her designee. Violations occurring off-campus and in online forums are subject to the terms of the Student Code of Conduct. A. FALSE INFORMATION: Furnishing false information to or about any University Official acting in performance of his/her duties. This includes but is not limited to false reporting of emergencies. B. FAILURE TO COMPLY: Not cooperating and/or failure to comply with any University Official or law enforcement officers acting in performance of their duties. This includes but is not limited to not presenting proper identification when requested and not honoring an employees' request to meet to discuss University business. C. FALSIFYING DOCUMENTS: Forging, altering, misusing, creating false, or failure to provide accurate and required information on University documents, records, or identification cards. D. THEFT/BURGLARY: Taking or unauthorized use, possession, or destruction of public or private property (either on or off-campus) or services or acts committed with disregard of possible harm to such property or services. This includes, but is not limited, to theft and/or unauthorized entry into the University dining hall, the coffee-shop, the RATT, and campus shop bookstore. E. KEYS/CARDS: Unauthorized possession, duplication, or use of keys or access cards to gain entry into any University premises or services. a. Students are expected to carry their Cardinal Cards with them at all times and are required to produce Cardinal Cards upon the request of any authorized person (university administrators, residence hall staff, faculty, or Safety and Security officers). b. All Keys/Cardinal Cards are the property of Wheeling Jesuit University and are non-transferable. c. Keys/Cards may not be loaned to anyone under any circumstances. d. If a key/Card is lost, the resident must notify the Office of Residence Life within 48 hours. A lost key will require the replacement of the keys, changing the core and changing the cylinder for the locks involved. The student will be charged for each lost key to any university facility. Students will also be charged to replace their lost Cardinal Card. e. Failure to return keys when a student checks out of the residence hall and before leaving campus will result in fines and replacement costs. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 10 f. The Office of Residence Life will conduct period key audits during the academic year. Students failing to produce a key and/or who have not reported a key missing will be charged with a violation of policy. F. TRESPASSING: Unauthorized entry into or use of University premises. This includes, but is not limited to, persons violating the residential visitation policy by not signing into the hall they are visiting and/or not having a resident escort, attempting to force open locked doors, and attempting to gain entry to University buildings during times of University closure. G. MISREPRESENTATION: Participating in and/or encouraging actions that intentionally misrepresent the University in an official capacity. This includes but is not limited to operating a campus organization without proper University recognition and falsely misrepresenting oneself as a University employee and/or with the authority of an employee. H. UNIVERSITY DISRUPTION: Disrupting the normal operations of the University and/or infringing on the rights of other members and/or guests of the University community. I. ALCOHOL: Violation of the University Alcohol Policy (Please see the Student Handbook’s additional policies section: Student Code of Conduct - "I. Violation of the Alcohol Policy" J. RESIDENCE LIFE: Violation of Residence Life Policies (Please see the Student Handbook’s additional policies section: Residence Life & Residence Hall Policies DATE APPROVED: November, 2015 DATE TO BE REVIEWED: July, 2016 DATE REVISED: October, 2015 APPROVED BY: Dean of Student Development REVIEWED BY: Director of Student Conduct REVISION NUMBER: 2.0 COMPLIANCE COMMITTEE: As Scheduled K. INTERFERING WITH CONDUCT PROCESS: Actions which interfere with or obstruct the Student Conduct Process. Sub-charges may include, but are not limited to: a. FALSE INFORMATION: Falsifying, distorting, or misrepresenting information to the Student Conduct Board or hearing officer. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 11 b. DISCOURAGEMENT: Attempting to discourage an individual's proper participation in, or use of, the Student Conduct system; this includes violation of the No Retaliation Policy. c. INFLUENCE OFFICER: Attempting to influence the impartiality of a member of a hearing office or member of a hearing board prior to, during, and/or after a Student Conduct proceeding. d. INFLUENCE PERSON: Influencing or attempting to influence another person to commit an abuse of the Student Code of Conduct system. e. OUTSIDE INVOLVEMENT: Actions that seek to involve others in confidential student conduct processes when there is no legitimate need for their involvement; this includes participation in gossip and/or actions that take place in an online forum and/or via text messaging. f. NO SHOW: Failure to appear at a hearing without prior notification. g. INCOMPLETE SANCTION: Failure to complete an assigned sanction. L. ILLICIT DRUG: Violation of the University Illicit Drug Policy. Please see the Student Handbook’s additional policies section: Student Code of Conduct - "L. Violation of the Illicit Drug Policy” ). M. WEAPONS: Possession and/or use of firearms, explosives, ammunition, fireworks, and/or weapons. Weapons may include, but are not limited to: metallic knuckles; slingshots; bows and arrows; switchblade knives; non-cooking knives with blades more than three inches in length; paintball, BB, or pellet guns; taser, stun guns, and/or other deadly weapons; or dangerous chemicals. Unmodified toy guns are permissible only at the discretion of the residence life and/or security staff and when possession does not infringe on the rights of others or the perception of safety on campus. N. FIRE/EXPLOSION: Actions that cause or attempt to cause a fire or explosion; falsely reporting a fire, an explosion or an explosive device; tampering with fire safety equipment; failure to evacuate University buildings during a fire alarm. O. HAZING: Hazing or any act that recklessly or intentionally endangers the mental or physical health or safety of a person, for the purpose of initiation or admission into, affiliation with, or as a condition for the continued membership in a group or organization. Hazing includes, but is not limited to, any act in which a person would not normally participate. P. LOCAL/STATE/COUNTRY: Violations and/or charges of violations of any municipal or county ordinance, any law of the State of West Virginia, or any law of the United States. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 12 Q. DISORDERLY CONDUCT: Disorderly, lewd, or indecent conduct; breach of peace; Engaging in acts or procuring another student to participate in acts that disrupt or interfere with the lawful administration or functions of the University. R. HARMFUL ACTS: Actions or threats of action committed with disregard of possible harm to self, an individual, or group. This includes but is not limited to acts of retaliation and actions that inflict mental or physical harm and/or injury to self, an individual or group, including acts of Sexual Misconduct, relationship/domestic violence and invading privacy rights of others within the University community or outside of the University community while enrolled as a student. This includes, but is not limited to, acts that take place in an online forum or via text messaging. S. THREATS/HARASSMENT/STALKING: Acts of verbal or written abuse, threats, intimidation, harassment, coercion, fighting words, and/or other conduct which create an intimidating, hostile, or offensive working, living or educational environment, including, but not limited to, racial and sexual harassment and/or stalking. This includes, but is not limited to, acts that take place in an online forum or via text messaging. T. INFORMATION TECHNOLOGY: Violation of the Information Technology Policies This includes, but is not limited to misuse of university computer networks, misuse of the WJU alias email accounts and misuse of WJU social media and computer networks. U. INAPPROPRIATE CONDUCT: Inappropriate conduct and/or actions that demonstrate irresponsible and/or discourteous conduct individually and/or collectively while participating in a University-related function, on and/or off-campus. V. OFF-CAMPUS BEHAVIOR: Disruptive behavior that occurs while students are visiting locations off-campus while enrolled in classes. This includes, but is not limited to, behaviors that disturb the peace of the residential neighborhoods bordering campus. W. DISRESPECTING OFFICIALS: Disrespecting a University official acting in performance of his/her duties. X. DISTURBING THE PEACE: This includes actions that disturb the peace and good order of the university community, including but not limited to fighting, quarreling, the use of amplifiers, bullhorns, musical instruments, loud music, or other mechanisms or communication beyond that of the natural voice and without prior permission from University officials. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 13 Y. MOTORIZED VEHICLES: Reckless operation of a vehicle or wheeled transportation on University grounds. This includes, but is not limited to, motorized vehicles, skates, and bicycles used without the proper regard for safety, courtesy and caution. Z. VANDALISM: Acts of vandalism or carelessness that intentionally defaces and/or litters campus grounds and/or University buildings or general property; this includes but is not limited to improper disposal of chewing gum, cigarettes, and other forms of trash. AA. INDUCING A PANIC: Inducing a panic, including but not limited to: a) causing the evacuation of a space, b) causing serious public inconvenience or alarm, c) initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, d) knowing that such report or warning is false, e) committing/ threatening to commit any offense of violence with reckless disregard of the likelihood that its commission will cause serious inconvenience or alarm to the University and/or local community. AB. DEFAMATION: Actions that defame the reputation of and/or that are contrary to the Jesuit, Catholic values of Wheeling Jesuit University. As members and representatives of the University community, students' actions should uphold the mission and values of the institution. This includes actions that take place in an online forum and/or via text messaging. AC. WILDLIFE HARM: Actions or threats of action committed with disregard of possible harm to animals, including wildlife found on campus grounds. AD. DINING SERVICES: Inappropriate behavior within campus dining service venues or events. This list is not limited to: The Benedum Room (B-Room), The Coffee Shop, Catered Events. a. ENTRANCE/EXIT: Students must enter and exit the dining facilities through the designated doors. This prevents the unfortunate incidence of theft from occurring by persons entering the dining hall without proper payment for services b. CLOTHING: Clean shoes and appropriate attire are required when in the dining facilities. c. TAKEOUT: Food cannot be removed from the dining facility, unless in an approved take-out container and following the take-out guidelines. AE. FIRE ALARM: Actions committed with disregard to possible harm to self or others during the evacuation process of a building. When a fire alarm sounds, students are expected to: a. Close windows/doors and turn off lights and electrical equipment if time allows. b. DO NOT use an elevator during an alarm. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 14 c. Walk; do not run, to the nearest exit. If the closest exit is blocked by fire or smoke, find an alternate exit. If smoke is in the exit path get down as low as possible (crawl). d. After exiting, move 100 feet from the building and follow instructions from the Residence Life staff, Security Officers, and/or Fire Department officials. e. DO NOT re-enter the building unless permitted to do so by authorized fire officials. AF. DRONE/UNMANNED AIRCRAFT: the use/operation of drones/unmanned aircrafts is not permitted on University premises including the interior and exterior of university buildings. This is due to both Federal Aviation Association requirements, and risk management/liability issues. Exceptions may be made for official institutional use or research/teaching use; those instances will be managed through the Director of Campus Safety and Security. AG. RECORDING DEVICE: Undisclosed and unauthorized recording of other individuals within the University community. Making, attempting to make, transmitting, or attempting to transmit audio or video of any person(s) on University premises in bathrooms, showers, bedrooms, university offices, or other premises where there is an explicit expectation of privacy with respect to nudity and/or sexual activity, without the knowledge and consent of all participants subject to such recordings. AH. REPORTING POLICY- Failure to report known or suspected violations and/or crimes as indicated by the student code of conduct is itself a violation and may lead to discipline actions. STUDENT CODE OF CONDUCT: LEVEL SYSTEM Introduction: Violations of Social Community Standards are classified within a Level System; since no two incidents are identical, the Conduct officer or Conduct Board is called upon to use their professional judgment in issuing appropriate sanctions and/or decisions. The corresponding list of sanctions is not all-inclusive; this information is to serve as a guideline, not a cookbook, for potential sanctions. Sanctions, including fines, may be increased for violations occurring during times of non-regular University functioning, including during University break periods, during the summer recess, and when students are permitted to return to campus prior to the official opening of the residence halls. Levels need not be sequential in order. A student may be immediately placed on a higher level of sanctioning without progressing through the lower levels. Likewise, a student placed on a higher level of violation may be moved to a lower level upon satisfactorily completion of sanctions and/or a period of time without further Code of Conduct violation(s); this does not apply to 2015-2016 Wheeling Jesuit University Student Handbook P a g e 15 students charged with violations of the Alcohol and Illicit Drug Policy. A student's placement on a Level is dependent on several factors, including student's conduct history at the University and factors involved with each individual situation (i.e. context of each student's involvement); students involved in the same situation may find themselves at different Levels. Level 1: Alert Status Typical Violations: Level 1 Violations are minor violations that impact the Wheeling Jesuit Community. The Conduct officer/board hearing the case will determine the sanction. The list of sanctions outlined below is not exhaustive and sanctions may be combined for any single violation. Other options or conditions can be added. Students are not eligible to graduate or to receive transcripts until they complete any outstanding student conduct proceedings or sanctions. Level 2: Warning Status Typical violations: Behavior of a more serious nature that impacts the University community. Level 2 offenses have a more serious impact on the University community than Level 1 offenses but less of an impact than a Level 3 offense. Typical Sanctions for Level 2 Violations: The Conduct officer/board hearing the case will typically determine the sanction. The list of sanctions outlined below is not exhaustive and sanctions may be combined for any single violation. Other options or conditions can be added. Students are not eligible to graduate or to receive transcripts until they complete any outstanding student conduct proceedings or sanctions. Level 3: Conduct Probation Typical violations: Behavior and/or a conduct history that jeopardizes the safety and wellbeing of others in the campus community and/or integrity as an educational institution founded in the Jesuit tradition, and/or that severely calls into question a student's suitability as a Wheeling Jesuit University student. Level 4: Suspension Typical violations: Behavior and/or a conduct history that deems the student to be a clear threat to the university community and/or to the University's integrity as an educational institution founded in the Jesuit tradition and/or that deems the student unsuitable as a Wheeling Jesuit University student. Student behavior necessitates a separation between the student and the University for a specified amount of time with parameters set forth for students' return to campus. Typical Sanctions for Level 4 Violations: The Dean of Student Development, or his/her designee when the Dean is unavailable, hears all conduct cases at Level 4 status. Level 5: Expulsion Typical violations: Behavior and/or a conduct history that deems the student to be a clear threat to the university community and/or to the University's integrity as an educational institution founded in the Jesuit tradition and/or that deems the student unsuitable as a Wheeling Jesuit University student. Separation is permanent and student behavior is deemed unsuitable to continue at Wheeling Jesuit University at any time in the future. The Dean of 2015-2016 Wheeling Jesuit University Student Handbook P a g e 16 Student Development, or his/her designee when the Dean is unavailable, hears all conduct cases at Level 5 status. Expulsion from the University is the only sanction. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 17 Student Code of Conduct: Violation Sanctioning Guidelines Please note: The list of sanctions outlined below is not exhaustive and sanctions may be combined for any single violation. Sanction Violations may include, but are not Typical Sanction Guideline Level limited to: Violation of visitation and/or escort policies; Verbal Warning; Level 1: Alert Status Disturbing the peace/violation of quiet Disciplinary/Written hours; Minor and/or non-repeat violation of Warning; Educational the University alcohol policy and/or Sanction and/or Activity; Residence Life Policy; Failure to comply Assessment Requirements; with the instructions or disrespect of a Community Restitution; University official (minor and/or non-repeat Parental Notification (Letter); violations). Fines. Second offense of a Level 1 violation; Educational Sanction and/or Level 2: Warning Status Aggravated Level 1; Activity; Loss of University In addition to: theft; Vandalism; Privileges; Community jeopardizing the safety of self or others Restitution; Assessment (smoking policy, propping/improper use of Requirements; Parental doors); providing false information. Notification (Letter); Fines; Suspension from Campus Housing or the University. Third offense of a Level 1 violation; Level 1 Parental Notification; Fines; Level 3: Conduct violation when Level 2 status has already Loss of University Privileges; Probation been assigned; a grossly aggravated offense Community Restitution; Offof a Level 2 violation; campus Assessment; In addition to: Verbal abuse, harassment or Weekend Suspension; uncooperative behavior, hostile or Residence Hall Transfer or threatening behavior; Psychological or Removal. physical harassment; Physical violence or the threat of physical violence; Sexual harassment and/or misconduct; Lewd Behavior; Falsifying university documents; Fire Regulation violations; intimidation of witnesses; Local/State/ Federal criminal code violations. Additional violations following placement Housing Suspension; Level 4 & 5 Suspension (4) on Level 3 status; an aggravated offense of a University Suspension; /Expulsion (5) Level 3 violation; second offense of a level Interim Housing and/or 2 violation when a Level 2 has already been University Suspension; Fine. assigned. University Expulsion. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 18 Any recommendations for suspension/expulsion of the university will be reviewed by the Sr. Vice President of Mission & Ministry. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 19 Definitions of Conduct Sanctions Disciplinary/Written Warning: The student is given formal written notice that the student has violated a code of conduct. The warning remains in effect for a specific period of time, as determined by the hearing board or officer. In most instances, students will only receive one written warning for a specified offense during their duration of their time on campus. Educational Sanction and/or Activity: A student is required to perform a positive action for the university community by completing a campus work assignments, writing a letter of apology, completing an educational program, or an educational reflection and/or paper. Fines: Fines may be assessed as a punitive measure and fines may include restitution for loss of or damages to University or personal property or cost of medical expenses for bodily injury resulting from a student's actions. Whenever possible, funds attained through fines will be used to support programming in the residence halls that promote the educational mission of the university. See the Alcohol and Illicit Drug Policy for minimal fines in case of such violations. Parental Notification: A copy of the student's conduct letter will be mailed to the address on file for parents/guardians of underage students found in violation of the University Alcohol Policy. If the student’s behavior warrants Level 3: Probation Status, whenever possible, a conversation (either in person or via the phone) will be held with both the student and his/her parent(s) Loss of University Privileges: Denial of specific University privileges such as, but not limited to residence hall visitation for a designated period of time. Community Restitution: Non-paid work for the university community, for a specified administrative area or physical plant area of the University. Hours for restitution will vary depending on the severity of the offense and the students' conduct history. Conduct Probation: For specified or indefinite period of time; during this time, the student is deemed not in good student conduct standing and cannot hold an elected or appointed office in any student organizations registered with the University, or hold University paraprofessional employment such as Resident Assistant, Luceat, or Summer Conference staff member. A student's placement on Conduct Probation may be considered during proceedings of the Academic Life Committee and the Financial Aid Committee. Any student placed on conduct probation may lose scholarship money (e.g. Presidential Scholarship, Dean's Scholarship, Athletic Scholarship, or any other Academic Scholarship), eligibility to work in a campus job, and may lose eligibility to represent the University on their Athletic Team. Assessment Requirements (On or Off Campus): A student may be required to complete a specified assessment relative to the violation committed; all assessment reports shall be submitted to the Director of Residence Life and will become part of the students' conduct record. Any cost associated with these assessments will be the responsibility of the student. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 20 Weekend Suspension: The student is not permitted on campus from Friday at 5:00 pm and until Sunday at 5:00 pm. Residence Hall Transfer or Removal: A student is required to transfer residence halls or leave the residence halls for a specified or indefinite period of time. Housing Suspension: The student is required to immediately vacate campus for a specified or indefinite period of time. The student must comply with all sanctions prior to readmission to campus housing. Note: Students suspended from campus housing, regardless of the amount of time remaining in the semester, are not eligible for refunds or rebates for charges associated with housing or meal plans. Additionally, students suspended from campus housing will forfeit the receipt of institutional financial aid up to the full cost of room and board, per the university housing policy. University Suspension: The student is required to leave the University for a specified or indefinite period of time. The student must comply with all sanctions prior to readmission. Note: Students suspended from the University, regardless of the amount of time remaining in the semester, are not eligible for refunds or rebates for charges associated with housing, meal plans, tuition, or fees. In the case of expelled/suspended students who also receive Title IV federal aid, a Return of Title IV Refund Calculation will be completed; this may result in the suspended student owing an additional balance to the University. This information will be determined on an individual basis by the Financial Aid Office. Please refer to the Academic Catalog Refunds policy for additional information. Interim Housing and/or University Suspension: If a student's continued presence constitutes an immediate threat of harm to the student, other individuals, or University property, the Dean of Student Development and his/her designee, may suspend that student from the University and/or University housing pending final disposition of the case. In most cases, interim suspension will take place before a hearing. Within ten working days of issuance of the interim suspension, a full hearing will be convened to review the circumstances of the interim suspension. Please refer to the Academic Catalog Refunds policy for additional information. Expulsion: The student is permanently and immediately expelled and cannot continue at the University in any status. Note: Students expelled from the University, regardless of the amount of time remaining in the semester, are not eligible for refunds or rebates for charges associated with housing, meal plans, tuition, or fees. In the case of expelled students who also receive Title IV federal aid, a Return of Title IV Refund Calculation will be completed; this may result in the expelled/suspended student owing an additional balance to the University. This information will be determined on an individual basis by the Financial Aid Office. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 21 RESOLVING CASES Prior to Conduct Hearing: Any member of the University community may file charges against a student for violations of the Code of Student Conduct. All charges must be prepared in writing and directed to the Dean of Student Development, Director of Student Conduct or his/her designee(s). Any charge should be submitted in writing as soon as possible following the incident. The Director of Student Conduct, or his/her designee (which may include the Student Conduct Board), will typically investigate the charges to determine their merit and/or if they can be addressed administratively with the consent of the parties involved. Upon receipt of reports of alleged Student Code of Conduct violations, students will receive notification of charges of an alleged violation of the Student Code of Conduct; this written notification is typically received within five business days of the date on the report. Timeline for receipt of initial notification of a conduct charge may be delayed for situations that occur during University break periods and during the summer months. This written notification will outline the date of the alleged incident, which violations of the Student Code of Conduct with which the student is being charged, and other relevant information to appropriately notify the student of the incident and charges in question. In most cases, the letter will also designate a pre-arranged hearing date; it is the student's responsibility to either attend the pre-arranged appointment designated in their notification or to set up an appointment with the hearing officer within 24 hours of notification. Written notification may occur via the students' University email account. Students are required to check their email on a regular basis (minimally, every 48 hours) to ensure prompt receipt of messages. Types of Conduct Hearing Meetings & Conduct Violation Resolution: Pre-Hearing Form: For some minor violations, students may be given the opportunity to accept responsibility for their involvement in an incident which resulted in documentation without attending a formal hearing. Students will be given the following options: o To plead in violation to the charges identified in the pre-hearing form and waive their right to a hearing and appeal. This option will allow the hearing officer to impose a sanction based upon admitted responsibility in the case. o Or to request a formal hearing and to not waive their rights in the case. Administrative Hearing: Prior to the hearing, the charged student has the opportunity to review and during the hearing can comment on the documentation of the case and to present witnesses and evidence on his/her own behalf. o Advisor: Students may request to have an Advisor present at an Administrative Hearing; the administrative hearing officer has final authority to determine if an Advisor will be allowed. If allowed, the advisor must be a member of the University community and may not be an attorney or a family member/legal guardian. The advisor ensures that the student understands the student conduct 2015-2016 Wheeling Jesuit University Student Handbook P a g e 22 o process, and is supported and prepared for the hearing. The advisor does not represent the student by speaking for the student, by questioning witnesses, or requesting documents and/or meetings pertaining to the student's conduct records/case. Before the end of this hearing, the student will be asked whether or not they chose take responsibility for his/her actions. The appropriate professional staff conducting the hearing will make a final decision, based on the facts of the case and the outcome of the Administrative Hearing, whether or not to hold a student responsible for the alleged policy violation; the professional staff will determine resulting sanctions (if any). Students will receive a final letter outlining the outcome of the hearing within 15 working days (3 weeks) of the hearing. Sexual Misconduct Hearing and Appeals Panel: This is a formal, audio-taped process conducted by a three-person hearing panel, all three of which shall be selected from a pool of 9 faculty and staff members known as the Hearing and Appeals Panel Pool (HAPP). The hearing panel members determine the probative value of evidence and determine an outcome. For more detailed information about the Hearing and Appeals Panel and process, see the “Adjudicative Hearing” section (4 a-d) outlined in the “Sexual Misconduct Grievance Procedure”. Student Conduct Board/ University Conduct Board Hearing: This is a formal, audiotaped process that occurs in front of the Student Conduct Board. Cases are heard by the conduct board if they involve individuals: a) with extensive conduct histories; b) with charges that could lead to suspension/expulsion; or c) who have be charged with violations that impact the college community. o During the hearing process, the charged student has the opportunity to review and comment on the documentation of the case and to question all witnesses and present witnesses and evidence on his/her own behalf. o Advisor: All students have the right to have an Advisor present at all Student Conduct Board Hearings. The advisor must be a member of the University community and may not be an attorney or a family member/legal guardian. The advisor ensures that the student understands the student conduct process, and is supported and prepared for the hearing. The advisor does not represent the student by speaking for the student, by questioning witnesses, or requesting documents and/or meetings pertaining to the student's conduct records/case. o After reviewing the case with the student charged, the members of the Student Conduct Board will deliberate in private to make a final decision, based on the facts of the case and the outcome of the Board Hearing, whether or not to hold a student responsible for the alleged policy violation; the Board will determine resulting sanctions (if any). 2015-2016 Wheeling Jesuit University Student Handbook P a g e 23 o Students will receive a final letter outlining the outcome of the hearing within 10 working days (2 weeks) of the hearing. A Student Conduct Board Hearing can only occur when a trained board is available to hear a case. Summary Hearing: This is an abbreviated version of an Administrative Hearing that is called by the Dean of Student Development, Director of Residence Life, and/or his/her designee, to immediately address and resolve the case if: o A student's continued presence constitutes an immediate threat of harm to the student, other individuals, or University property. o The violation occurs two weeks prior to any official University recess or during the summer recess. o Deemed necessary to protect the safety and security of campus and integrity of the conduct process. o Immediate campus restrictions and/or sanctions may be put by in place in the cases of a summary hearing. In the cases of summary hearings, student may not receive an initial letter outlining charges against him/her. Students will receive a letter outlining the charges, outcome of the hearing, and options for appeal. Hearing Board/Officers: Student Conduct Board: The student conduct board is composed of two elected students, and one member of the faculty, staff, or administrators. Student Government Association Executive Board members will be trained to serve on the Student Conduct Board in the event that additional students are needed to discern cases going before the Student Conduct Board. University Conduct Board: The board is composed of three elected students, and two members of the faculty, staff, or administrators. Student Government Association Executive Board members will be trained to serve on the University Conduct Board in the event that additional students are needed to discern cases going before the University Conduct Board. The university conduct board has the ability to recommend suspension or expulsion to the Sr. Vice President of Mission & Ministry. Director of Student Conduct: The Director of Student Conduct Serves is the chief conduct officer for Wheeling Jesuit University. The Director of Student Conduct has the ability to recommend suspension or expulsion to the Sr. Vice President of Mission & Ministry. Dean of Student Development: The Dean of Student Development is the Chief Student Affairs Officer and is the supervisor of the Director of Student Conduct. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 24 Case Delegation: Level 1, 2, & 3 Violations The Director of Student Conduct or the Student Conduct Board will most likely determine the outcome of Level 1, 2, and 3 violations (this is up to the discretion of the Director of Student Conduct). On occasion, Level 3 violations may be heard by the University Conduct Board when the student does not have a prior history of going before peer review board and where the case may result in a Level 4 or 5 outcome. Level 4 & 5 Violations Upon report of such violations, the Dean of Student Development or the University Conduct Board will most likely meet with the student for an administrative hearing concerning the alleged violation and determine the outcome. Athletics Department Notification of Student Conduct Cases Student athletes are asked to sign an agreement to allow Student Development staff to share conduct information with their coaches. When students sign this agreement, the Division of Student Development has the right to notify coaches of repeat minor offenses and of major offenses by student athletes; coaches may also be notified of the resulting University sanction. The coach and/or the Athletic Director can add to that sanction as they deem appropriate; these additional actions may include, but are not limited to, sitting out of practice and/or athletic competitions. Coaches are not always notified in the event of a student conduct case; coaches should initiate this contact if they would like more information. When student athletes reach Level 3 status, the Dean of Student Development and/or his/her designed will work in tandem with the Athletic Director and/or his/her designee to review the student's situation and to develop an appropriate response regarding his/her continued athletic participation. APPEALS A student has the right to one appeal of disciplinary sanctions; multiple appeals are not allowed. Appeals are not re-hearings and they are not granted on the basis of disagreement with the decision of the original hearing. Upon receipt of the sanction, a student will have up to five business days to file a written appeal to the: Initial Hearing Officer Appeals will be heard by: Student Conduct Board University Conduct Board Director of Student Conduct Dean of Student Development Sr. Vice President of Mission & Ministry Director of Student Conduct Sr. Vice President of Mission & Ministry Sr. Vice President of Mission & Ministry President President 2015-2016 Wheeling Jesuit University Student Handbook P a g e 25 Students only have the right to one appeal per conduct situation; this appeal needs to be submitted to the appropriate level of hearing officer. Students cannot appeal original decisions made by Residence Life staff to the Senior Vice-President for Mission and Ministry. A student may appeal only on the following grounds: 1. The hearing was not conducted in the manner provided under the Student Code Conduct. 2. There was insufficient evidence to establish responsibility. 3. There is new evidence that exonerates, clears the student, or puts the conduct situation into a different context. 4. There is new and substantial information not previously considered in the disciplinary process. 5. The student witnessed or experienced bias or discrimination during the conduct process. 6. The imposed sanction is too severe. Students are to clearly make their case in their written appeal, identify which of the above grounds of appeal on which they are appealing. If the written appeal does not meet one of the six criteria noted above, the student will be notified in writing that the request for appeal is denied and the initial decision and sanction(s) will remain in effect. To be considered, written appeals should provide sufficient detail for the reason for the appeal; lack of sufficient information contained within a written appeal is grounds for denial. If the appeal meets at least one of the criteria above, appeals submitted to the appropriate individual (see CHART aboveError! Reference source not found.) who will be reviewed and decided within 20 business days (4 weeks) of the receipt of the appeal. Appeals submitted to the Senior Vice-President for Mission and Ministry will be reviewed and decided within 30 business days (6 weeks) of the receipt of the appeal. The student will receive written notification of the appeal from the Director Student Conduct, the Dean of Student Development and/or the University President and/or his/her designee. In some instances, students appealing a decision may be asked to an appeals meeting to discuss the situation; however, such meetings are not necessary for an appeal to be considered and decided upon. The individual who receives and decides on the appeal may choose one of four options: 1. 2. 3. 4. The appeal is granted, and the sanctions are overturned. The appeal is granted, and the sanctions are modified. The appeal is denied, and the sanctions remain in effect. The appeal is denied and additional sanctions are imposed. An appeal does not postpone/delay the imposition/completion of sanctions. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 26 VIOLATIONS OF FEDERAL, STATE OR LOCAL LAW University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of Students. Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant. OFF CAMPUS CONDUCT Wheeling Jesuit University students are responsible to the University for certain actions committed off-campus. The University will take student conduct action against a student for such an off-campus offense only when it is required by law to do so or when the nature of the offense is such that in the judgment of the Dean of Student Development and/or his/her designee, the continued presence of the student on campus is likely to interfere with the educational process or the orderly operation of the University; or the continued presence of the student on campus is likely to endanger the health, safety, or welfare of the University community, or is intimidating or threatening to another individual within the University community; or the offense committed by the student is of such a serious nature as to adversely affect the student's suitability as a member of the University community. Off-campus conduct may also prevent students from entering into or continuing in academic programs when their demonstrated conduct is contrary to professional and academic department values. The action of the University with respect to any such off-campus conduct shall be taken independently of any off-campus authority. The prospect of criminal charges does not preclude the possibility of a University student conduct hearing 2015-2016 Wheeling Jesuit University Student Handbook P a g e 27 ADDITIONAL POLICIES & REGULATIONS ALCOHOL & ILLICIT DRUG POLICY DATE APPROVED: November, 2015 DATE TO BE REVIEWED: July, 2016 DATE REVISED: October, 2015 APPROVED BY: Dean of Student Development REVIEWED BY: Director of Student Conduct REVISION NUMBER: 2.0 COMPLIANCE COMMITTEE: As Scheduled 1.0 Introduction Wheeling Jesuit University strives to maintain an environment that promotes the health and safety of the community and the responsible choices and behaviors of its members concerning the use of alcohol. The University recognizes that the consumption of alcohol in moderation by persons of legal drinking age can be a component of the social environment at the University. Therefore, students of legal drinking age are granted the privilege of responsible alcohol use on campus. The University strives to maintain an environment free of illicit drug use. Participation in behaviors related to use, distribution or possession of illicit drugs is not condoned within the campus community. The University has adopted policies and standards to promote healthy and legal use of alcohol and the prevention of illicit drug use. Such policies are only one part of the University's efforts to encourage responsible choices and behavior; employees and students have shared responsibility for preventing alcohol abuse and illegal alcohol and illicit drug use at university affiliated events both on campus and off and assuring compliance with the Drug-Free Schools regulations. 1.1 Definitions Alcohol: ethyl alcohol whatever its origin; includes synthetic ethyl alcohol but not denatured alcohol Beer: any beverage obtained by the fermentation of barley, malt, hops, or any other similar product or substitute, and containing more alcohol than that of non-intoxicating beer. Illicit Drugs: any substance that alters the mind in a psychoactive way and is illegal in the eyes of the law and punishable with criminal justice; includes but is not limited to marijuana/hashish, cocaine (including crack), heroin, hallucinogens, inhalants, or prescription-type psychotherapeutics used non-medically. Intoxication: having one's faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished. Manufacture: to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor. Open Container: Containers in which the original seal has been broken or containers that are not able to be permanently sealed. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 28 Sale: any transfer, exchange or barter in any manner or by any means, for a consideration, and shall include all sales made by principal, proprietor, agent or employee. Selling: includes solicitation or receipt of orders; possession for sale; and possession with intent to sell. Public area: any place, building or conveyance on campus to which the public and/or members of the Wheeling Jesuit University community have, or are permitted to have access, including lobbies, and corridors of residence halls and on campus streets and walkways; does not include places of residence for students assigned to said residence. University Break Period: anytime outside of the fall and spring academic semesters in which University housing is officially closed, including Thanksgiving Break, Winter Break, Spring Break, Easter Break, throughout summer housing (between the spring and fall semesters) and in the few weeks and/or days before the start of the fall semester and the end of the spring semester in which some students are allowed to move into campus housing early or to move out of campus housing later than normal. This policy implements the Drug Free Schools and Communities Act (20 U.S.C. 1145g). 2.0 Purpose The risks associated with the use of illicit drugs and the abuse of alcohol are numerous and include physical and mental impairment, emotional and psychological deterioration and devastating effects on family and friends. There are obvious risks such as suffering a hangover, being charged with driving under the influence or while intoxicated, and sustaining or causing personal injury. There are a number of less obvious risks associated with alcohol and other drug abuse that students might not realize, including: Poor academic performance Poor job performance Poor social interactions Unwanted and inappropriate sexual activity Sexually transmitted diseases, including HIV/AIDS Pregnancy Jeopardizing future career prospects, (e.g., admission to law school and employment with the federal government) In addition, alcohol and illicit drug abuse puts the user at considerable health risk, which can include nausea, vomiting, cancer, liver damage, elevated blood pressure, psychotic episodes, hallucinations and, in some cases, death. In addition to the risk to the abuser of illicit drugs and alcohol are the risks to fellow classmates, the public and to unborn children. All students, whether on or off campus, must adhere to local and federal laws concerning alcohol use and are expected to conduct themselves in a manner consistent with University expectations. The University will not tolerate the unlawful manufacture and/or illegal purchase, consumption, possession, or distribution of alcohol to or by any student. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 29 Local and federal laws prohibit the unlawful use, manufacture, possession, control, sale and dispensation of illicit drugs. These laws carry penalties for violations, including monetary fines and imprisonment. The unlawful manufacture, distribution, dispensation, possession or use of an illicit drug by a student on University property or as any part of a University-sponsored program on or off campus is strictly prohibited. Any student who violates the Student Code of Conduct as it relates to alcohol and illicit drug use is subject to sanctions as outlined therein. See also the Penalties for violation of federal and local jurisdiction standards related to drugs and alcohol. The University cooperates fully with law enforcement authorities. Violations of the Wheeling Jesuit University Alcohol and Illicit Drug Policy and/or the Student Code of Conduct that are also violations of federal and local law may be referred to the appropriate agencies. In such situations, cases may proceed concurrently in the University conduct system and in the criminal justice system. 3.0 Resources Wheeling Jesuit Counseling Center: Suite 101 Whelan Hall 304- 243-2081 Wheeling Jesuit Health Center: 208 Swint Hall 304-243-2275 Alcoholics Anonymous: (304)231-5867 or 800-333-5051 Hillcrest Outpatient Services: Suite 501 Valley Professional Center South 2101 Jacob Street Wheeling, WV 26003 (304) 234-8517 Crossroads Counseling Services: 255 West Main Street St. Clairsville, OH 43950 (740) 695-9447 Dean of Student Development: The University's Dean of Student Development's Office is also available to assist students seeking alcohol and/or other drug rehabilitation services. 209 Swint Hall 304-243-2350 4.0 Penalties The intent of the following information is to provide knowledge of possible sanctions for citations and/or arrest for illicit drugs and/or alcohol use known to be available; penalties under federal, state, and local laws are separate from University sanctions for on campus conduct proceedings. Students who will seek professional license after graduation should note that some professional licensing agencies could consider alcohol and other drug convictions in determining 2015-2016 Wheeling Jesuit University Student Handbook P a g e 30 licensure. Current information about West Virginia State Code can be found on the West Virginia Legislature Website. Alcohol: Underage purchase of alcohol or misrepresentation of age is subject to a fine up to $500 and three days in jail or probation. Purchase of alcohol for those underage is subject to a fine up to $500 and up to 10 days in jail. Public intoxication is subject to a fine up to $100 and up to 60 days in jail or completion of an alcohol education program or counseling. Driving under the influence of alcohol, or other drugs (includes DUI), depending on circumstances, is subject to incarceration of from 24 hours to 10 years, a fine of $100 to $5,000, and license suspension of from six months to life. Illicit Drugs: Under state law, conviction for possession of a controlled substance is subject to incarceration for up to six months and a fine up to $1,000. Sentences can be double for second or subsequent offenses. Manufacture, possession, or delivery with the intent to manufacture or deliver a controlled substance is subject to, depending on the substance classification, up to 15 years imprisonment and/or a $25,000 fine upon conviction. Sentences can be doubled for subsequent offenses and mandatory prison terms result for convictions involving distribution of controlled substances to minors or within 1,000 feet of the University or other school. Federal sanctions for illegal possession of a controlled substance vary with the conviction, substance possessed, and the quantity of the substance. First conviction is subject to up to one-year imprisonment and a fine of at least $1,000 but no more than $100,000 or both. After one prior drug conviction, the penalty is at least 15 days in prison, not to exceed two years and a fine of at least $2,500 but no more than $250,000 or both. After two or more prior drug convictions, the penalty is at least ninety days in prison, not to exceed three years, and fined at least $5,000 but not more than $250,000 or both. Those convicted of illegal possession of a controlled substance are also subject to denial of federal benefits, such as work-study, student loans, grants, contracts, and to loss of professional licenses and disqualification for a commercial driver's license, for up to one year for the first offense, for life for the second offense. 5.0 Alcohol Amnesty Student health and safety are of primary concern at Wheeling Jesuit University. As such, in cases of intoxication, alcohol poisoning, or drug-related medical emergencies, Wheeling Jesuit University always encourages individuals to seek medical assistance for themselves or others. Students who seek medical attention for themselves related to the use of drugs or alcohol will not be formally charged with a violation of the Wheeling Jesuit University Code of Conduct related to that use, provided that the student subsequently completes an assessment and any other recommended treatment from the Dean of Student Development and/or his/her designee. Failure to complete such assessment may result in additional sanctions being applied. Students who seek medical attention for someone else related to the use of drugs or alcohol will 2015-2016 Wheeling Jesuit University Student Handbook P a g e 31 not be charged with a violation of the Wheeling Jesuit University Code of Conduct related to that use. Students who initiate reports of alleged sexual misconduct will not be formally charged with a violation of the Wheeling Jesuit University Code of Conduct related to alcohol and/or other drug use. The Alcohol Amnesty policy does not excuse or protect students who repeatedly violate the University's Student Code of Conduct, in which case the University reserves the right to take conduct action on a case by case basis regardless of the manner in which the incident was reported. Additionally, the University reserves the right to adjudicate any case in which the violations are flagrant violations of the Student Code of Conduct and put the University community at risk. The University continues to reserve the right to notify parents as per the Parental Notification policy. 6.0 Use of Breathalyzers The University reserves the right to ask that students suspected of excessive alcohol use cooperate with the use of breathalyzers to assist University personnel in making sound decisions to ensure the safety and well-being of the student in question. Students refusing to cooperate and/or and who refuse off-campus medical treatment when determined necessary by the University, are subject to immediate Interim University Suspension. Students not of legal drinking age can request the use of a breathalyzer to prove that they have not consumed alcohol; every effort will be made to honor such requests. It is the responsibility of students to be aware of University policies, and by not requesting use of a breathalyzer, students may be held responsible for violating the University alcohol policy. If a student does request a breathalyzer and a positive test result for the consumption of alcohol occurs, the student will be charged with additional policy violations. 7.0 Alcohol Usage Guidelines Wheeling Jesuit University strives to promote legal, informed and healthy choices about the use of alcohol and drugs on and off-campus by all members of the community. Wheeling Jesuit University is subject to the same local and state laws that govern all citizens, including those concerning the possession, use, sale and distribution of alcohol; acts that violate these laws are in direct conflict with University regulations. Suspected student violations of the University Alcohol and Illicit Drugs Policy are processed through the student conduct system under the direction of the Dean of Student Development and/or his/her designee and will be subject to sanctions up to and including dismissal from the University. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 32 Student Code of Conduct - "I. Violation of the Alcohol Policy" I.a) EMPTY CONTAINER: Possession of containers that previously contained alcoholic beverages. Empty containers will be considered an open container and deemed as proof of consumption and a violation of the alcohol policy. The policy applies to all students, regardless of age. Empty alcohol containers cannot be used as decorations. I.b) COMMON SOURCE: Possession of common source containers, whether full or empty, of alcohol such as kegs, beer balls, or boxed wine. I.c) DRINKING GAMES: Participation in and/or being in the presence of drinking games or activities that encourage rapid consumption of alcohol. I.d) UNDERAGE POSSESSION: Possession of alcoholic beverages by persons under 21 years of age. I.e) CONSUMPTION: Consumption of alcoholic beverages, including: a) UNDERAGE CONSUMPTION: Consumption of alcoholic beverages by persons under 21 years of age; b) PUBLIC CONSUMPTION: Consumption of alcoholic beverages or possession of an open container by anyone including persons 21 years of age or older in any public area, unless it is an official University approved event that has gained permission to consume and or distribute alcohol. This includes but is not limited to: public space within a residence hall, academic buildings, athletic venues/buildings, tailgating, creek-bed events, and Iggy Rock. I.f) INTOXICATION: Intoxication by any person, regardless of age. Social drinking must never be undertaken to the detriment of, or in violation of, the rights of others. As such, students are reminded that it is their responsibility to be sober at all times. The University will not tolerate public drunkenness since intoxicated students act in a manner inconsistent with the values of the University, pose a threat to themselves, and can make life unpleasant for those with whom they live. Any student found in an intoxicated condition will be subject to appropriate sanctions. Determination as to whether or not a student is intoxicated may be made on the basis of use of a breathalyzer and/or the following factors including, but not limited to whether a student is: o unable to walk without assistance o speaking incoherently o unconscious o vomiting o emitting a strong odor of alcohol o behaving in a loud and/or disorderly manner 2015-2016 Wheeling Jesuit University Student Handbook P a g e 33 I.g) SALE/DISTRIBUTION: Sale, distribution, or provision or attempts to sell, distribute or provide alcoholic beverages to or by anyone under 21 years of age. I.h) POSSESSION W/ UNDERAGE: Possession of alcoholic beverages in a student room in which at least one assigned resident is under 21 years of age and/or persons under the age of 21 are present. o Per a campus policy change effective Fall 2014, students age 21 and over cannot possess/consume alcohol in their assigned residence if they have an assigned roommate who is under the legal drinking age or if underage persons are present in the room. Students of legal drinking age should seek assistance from the Office of Residence Life if it is important to them to request a room change that would make alcohol use permissible in their room). I.i) CONSUMPTION W/ UNDERAGE: Consumption of alcoholic beverages in a student room in which at least one assigned resident is under 21 years of age and/or persons under the age of 21 are present. o Per a campus policy change effective Fall 2014, students age 21 and over cannot possess/consume alcohol in their assigned residence if they have an assigned roommate who is under the legal drinking age or if underage persons are present in the room. Students of legal drinking age should seek assistance from the Office of Residence Life if it is important to them to request a room change that would make alcohol use permissible in their room). I.j) TRANSPORTATION: Bringing alcohol into a University residence not assigned to the person bringing in the alcohol. o Students regardless of age are not permitted to bring alcohol into residence rooms in which they are visiting. Only residents assigned to a room may provide alcohol to other persons in their assigned room, in accord with the University Alcohol Policy). I.k) MAXIMUM QUANTITY: Possessing more than the permissible maximum amount of alcohol allowed per 21 year old resident per room. o One case of beer (or like beverage) per 21 year old resident is allowed; a case of beer is defined as a purchased box of 24-30 bottles/cans of beer. No more than the equivalent of half gallon or two 750 mL bottles of hard liquor per 21-year old resident is allowed. Additional restrictions on the amount of alcohol allowed in a residence hall room and/or quad maybe applied at the discretion of the University. Visitors, regardless of age, may not bring alcohol into a room in which they do not reside). 2015-2016 Wheeling Jesuit University Student Handbook P a g e 34 I.l) BREAK PERIODS/SUMMER: Possession and/or use of alcohol in University residences during University Break Periods, regardless of age. o Alcohol use and/or possession of any kind is not permitted in University housing outside of the regular academic semesters when housing is officially "closed" for the regular, undergraduate terms; such times include Thanksgiving Break, Winter Break, Spring Break, Easter Break, during summer housing, and in the few days/weeks either just before fall housing opens or after spring housing closes but students have permission to be in housing. A zero tolerance policy for alcohol use is in place during these times. Students unable to abide by this policy should seek alternative housing arrangements off-campus; violators maybe subject to immediate housing suspension. I.m) RATT: Violation of the Alcohol Policy in the Rathskeller (RATT). Any violation of this policy may result in immediate Rathskeller suspension of visitation or attendance of events until the conduct incident is resolved. I.n) SPONSORED EVENTS: Violation of the Alcohol Policy at an approved University Sponsored Event or at the Ignatius Rock. Please review the Ignatius Rock Reservation Policy for additional details. 8.0 Sanctions for Alcohol Violations The sanctions listed are guidelines and may be altered at the discretion of the Dean of Student Development and/or his/her designee; the list is not exclusive nor does it represent the maximum or minimum action that may be taken to address a particular concern. Sanctions may also be combined with other sanctions when violations of other tenets of the Student Code of Conduct occur at the same time; in such instance, the highest Level of violation will apply. Sanctions may be modified based on the severity of the incident, the impact on the community, and the student's individual conduct history; actions that lead to harm to self, others and/or property are considered may result in an immediate Level 4 or Level 5 offense. Sanctions are based on accumulation of student violations throughout time of study at Wheeling Jesuit University and students placed on a Level are subject to remain at that Level during the remainder of their time of study at the University. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 35 Sanction Level Level 1A Examples of Violations Sanction Guideline Underage possession. Possession while in the presence of underage person(s); possession/ consumption of an open container of alcohol in non-designated areas; creating a disturbance while under the influence of alcohol Level 2A Second offense of a Level 1A violation; aggravated Level 1A violation including failure to comply in an investigation; jeopardizing the safety of self or others; possession of a false form of identification; Hosting party in violation of maximum occupancy policy; Drinking games; Consumption while in the presence of underage person(s). Third offense of a Level 1A violation; Level 1A violation when Level 2A status has already been assigned; a grossly aggravated offense of a Level 2A violation; serving minors /allowing the consumption of alcohol by underage person(s) to take place in one’s residential area; Alcohol impairment/abusive use (driving under the influence of alcohol, disruptive or violent behavior, drunkenness or intoxication) possession of unauthorized alcohol paraphernalia/ excessive quantity of alcohol (keg, “gin bucket,” etc.). First alcohol offense: in the Rathskeller, at Sponsored University Events or Ignatius Rock, or during University Break Periods. Inducing/forcing another to consume alcohol; any violation of the alcohol policy following placement on Level 3A status; an aggravated offense of a Level 3A violation; second offense of a level 2A violation when a 2A has already been assigned. Alert Status: Mandatory completion of an online educational program (if not already completed). Student is responsible for paying all costs (up to $75) associated with program completion; Parents/guardian notification. Warning Status: Optional alcohol assessment by the University Counseling Center. Parents/guardian notification. Alcohol education and/or educational activity. $75-150 fine. Level 3A Level 4A 2015-2016 Conduct Probation: Mandatory completion of alcohol assessment by the University Counseling Center (if not already completed). Campus social restrictions. Loss of housing selection privileges for on-campus or off-campus housing selection processes; Parents/guardian notification. Alcohol education and/or educational activity. $150-300 fine. Suspension/expulsion from the University and/or housing: Recommendation to off-campus outpatient or inpatient facilities for assessment and/or AOD program(s); Campus social restrictions; Parents/guardian notification and/or meeting. Alcohol education and/or educational activity; $300-600 fine. Wheeling Jesuit University Student Handbook P a g e 36 Any further violations after being placed on Level 4A may result in the immediate suspension/expulsion of the university determined by the Sr. Vice President of Mission & Ministry. Alcohol Violation Sanctioning Guidelines: 9.0 Drug Usage Guidelines The use, possession, and/or distribution of illicit drugs and/or drug paraphernalia of any kind is prohibited on campus. Wheeling Jesuit University does not permit marijuana for any purpose; students who qualify under local law to use marijuana for medical purposes may not possess, store, use or share marijuana on University owned or controlled property or during University sponsored events. Student Code of Conduct - "L. Violation of the Illicit Drug Policy”: L. Possession, use or delivery or coordinating the delivery of illicit drugs, as defined by the Alcohol & Illicit Drug Policy L.a) PARAPHERNALIA: Possession of paraphernalia including any item typically used to inhale/ingest/inject/mask drugs, regardless of whether the item has been used for illegal purposes. L.b) POSSESSION: Possession of drugs. L.c) USE: Use of drugs. L.d) PRESCRIPTIONs: Misuse, abuse, and/or sale of prescription drugs. L.e) DISTRIBUTION: Distribution (any form of exchange, gift, transfer or sale) of drugs. L.f) COCONSPIRATOR/AIDING: Serving as a co-conspirator in drug related activity on campus; includes aiding in and/or knowingly endorsing acts of distribution. 10.0 Sanctions for Drug Violations The sanctions listed are guidelines and may be altered at the discretion of the Dean of Student Development and/or his/her designee; the list is not exclusive nor does it represent the maximum or minimum action that may be taken to address a particular concern. Sanctions may also be combined with other sanctions when violations of other tenets of the Student Code of Conduct occur at the same time; in such instance, the highest Level of violation will apply. Sanctions may be modified based on the severity of the incident, the impact on the community, and the student's individual conduct history; actions that lead to harm to self, others and/or property are considered may result in an immediate Level 4 or Level 5 offense. Sanctions are based on accumulation of student violations throughout time of study at Wheeling Jesuit University and students placed on a Level are subject to remain at that Level during the remainder of their time of study at the University. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 37 11.0 Illicit Drug Violation Sanctioning Guidelines Sanction Level Level 1D Examples of Violations Possession of drug paraphernalia without residue/evidence of drugs; drug paraphernalia; persistent odor of marijuana smoke; misuse of a prescription drug Sanction Guideline Conduct Probation; Mandatory completion of an online educational program (if not already completed); Student is responsible for paying all costs (up to $75) associated with program completion; Parents/guardian notification; Campus or community service; Drug education and/or educational activity; $150-$300 fine. Level 2D Possession of, use of or under the influence of a controlled substance; possession of drug paraphernalia that indicates or suggests distribution; aggravated Level 1D violation including failure to comply in an investigation; recreational use or under the influence of a legal or illegal mind-altering substance(s); second offense of a level 1D violation Placement on Conduct Probation; Suspension from the University and/or housing; Reassignment of campus housing; Loss of housing selection privileges for on-campus or off-campus housing selection processes; Parents/guardian notification and/or meeting; Campus or community service; Campus social restrictions; Alcohol education and/or educational activity; Mandatory completion of an online educational program (if not already completed). Student is responsible for paying all costs (up to $75) associated with program completion; $300-$600 fine. Level 3D Distribution (any form of exchange, gift, transfer or sale) of illicit drugs; serving as a co-conspirator, aiding in and knowingly endorsing acts of illicit drug distribution; second offense of a level 2D violation; third offense of a level 1D violation. Immediate Suspension and/or Expulsion from the University Any further violations after being placed on Level 2D may result in the immediate suspension/expulsion of the university determined by the Sr. Vice President of Mission & Ministry. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 38 AUTHORIZATION Alcohol and Other Drug Review Committee, Dean of Student Development, Senior VicePresident for Mission and Ministry (August 1, 2014) ATTACHMENTS Wheeling Jesuit University's Biennial Review and Drug Wheeling Jesuit University Drug & Alcohol Prevention Program Report 2015-2016 Wheeling Jesuit University Student Handbook P a g e 39 RESIDENCE LIFE & RESIDENCE HALL POLICIES DATE APPROVED: November, 2015 DATE TO BE REVIEWED: July, 2016 DATE REVISED: October, 2015 APPROVED BY: Dean of Student Development REVIEWED BY: Director of Student Conduct REVISION NUMBER: 2.0 COMPLIANCE COMMITTEE: As Scheduled Table of Contents for Residence Life and Residence Hall Policies: Residence Life & Residence Hall Policies ...........................................................39 Table of Contents for Residence Life and Residence Hall Policies: ................39 Residence Life: ................................................................................................................. 42 Residence Life Staff:..................................................................................................... 42 General Provisions for Student Occupancy: ................................................................. 42 1) Residency Requirement & Request to Live Off-Campus ............................. 42 2) Board/Meal Plans: ......................................................................................... 43 3) Cable Services: .............................................................................................. 44 4) Laundry ......................................................................................................... 44 5) Lounges: ........................................................................................................ 44 6) Entrance to Student Rooms ........................................................................... 44 I. ENTRY AND SEARCH ..................................................................................... 44 II. ENTRY AND SEARCH PROCEDURE ............................................................ 45 III. HEALTH AND SAFETY INSPECTIONS ......................................................... 45 IV. Emergencies: ....................................................................................................... 46 Period of Occupancy:............................................................................................ 46 Residence Hall Policies: ................................................................................................... 47 J.a. ACTIVITIES (Hall Sports): ................................................................................ 47 J.b. APPLIANCES ..................................................................................................... 47 J.c. BICYCLES .......................................................................................................... 47 J.d. CANDLES/INCENSE......................................................................................... 47 J.e. Cardinal Card Access (Residence Halls)............................................................. 47 J.f. CARE OF ROOMS ............................................................................................. 48 2015-2016 Wheeling Jesuit University Student Handbook P a g e 40 J.g. CEILING COVERINGS ..................................................................................... 48 J.h. CLASS ATTENDANCE/ENROLLMENT POLICY ......................................... 48 J.i. COHABITATION ............................................................................................... 49 J.j. CONSOLIDATION ............................................................................................ 49 J.k. COURTESY AND QUIET HOURS ................................................................... 49 J.l. DAMAGE: .......................................................................................................... 49 a. Room Condition Report (RCR): ................................................................... 50 i. Initial Room Audit: ....................................................................................... 50 ii. Closing Room Audit:..................................................................................... 50 iii. RCR Completion........................................................................................... 50 b. INDIVIDUAL DAMAGE CHARGES ......................................................... 50 c. COMMUNITY DAMAGE CHARGES ........................................................ 50 d. UNCLAIMED ITEMS .................................................................................. 50 e. KEY RETURN .............................................................................................. 51 f. DAMAGE APPEALS ................................................................................... 51 g. Damage REPAIRS .............................................................................................. 51 h. DECORATIONS ................................................................................................. 51 J.m. FIRE REGULATIONS ....................................................................................... 51 J.n. Fire Equpment- tampering: ................................................................................. 51 J.o. Fire Equpment- Deliberate Alarm: ...................................................................... 51 J.p. FLOOR MEETINGS ........................................................................................... 52 J.q. FURNITURE, PERSONAL ................................................................................ 52 J.r. FURNITURE, UNIVERSITY............................................................................. 52 J.s. KEYS................................................................................................................... 52 J.t. KITCHENS - USE OF & COOKING ................................................................. 52 J.u. LOCK OUTS ....................................................................................................... 53 J.v. LOFTS ................................................................................................................. 53 J.w. MAXIMUM OCCUPANCY ............................................................................... 53 J.x. MOTORIZED VEHICLES ................................................................................. 53 J.y. PETS .................................................................................................................... 54 J.z. QUAD DOORS ................................................................................................... 54 J.aa. RECEPTION DESKS ......................................................................................... 54 J.ab. ROOM ASSIGNMENTS/SELECTION ............................................................. 54 J.ac. ROOM DEPOSITS ............................................................................................. 54 2015-2016 Wheeling Jesuit University Student Handbook P a g e 41 J.ad. ROOM/ROOMMATE CHANGES ..................................................................... 54 J.ae. SINGLE ROOM POLICY .................................................................................. 55 J.af. SMOKING .......................................................................................................... 56 J.ag. SOLICITATION ................................................................................................. 56 J.ah. STUDENT TELEPHONE SERVICE ................................................................. 56 J.ai. THEFT................................................................................................................. 56 J.aj. TRASH ................................................................................................................ 56 J.ak. VISITATION ...................................................................................................... 56 ALL VISITATION POLICIES ARE GOVERNED BY THE FOLLOWING PRINCIPLES: ............................................................................................... 57 VISITATION HOURS: ........................................................................................ 58 a. First-Year Students and First-Year Halls ...................................................... 58 b. Upper-Class Students (Sophomores, Juniors, & Seniors) ............................. 58 J.al. Visitation- MINORS in the Residence Halls ...................................................... 58 J.am. Visitation- Front Desk ......................................................................................... 59 J.an. WINDOWS ......................................................................................................... 59 2015-2016 Wheeling Jesuit University Student Handbook P a g e 42 Residence Life: On-campus living provides a balance of challenge and support, allowing residents to learn about themselves and others, and to take responsibility for themselves and their development. Residence hall living provide opportunities for student personal growth and development. The Residence Life Staff works to create an environment encouraging academic excellence, social competence, independence, and a sense of community life. RESIDENCE LIFE STAFF: The Director of Residence Life coordinates and supervises all residence halls, staff members, and Residence Life processes including room assignments, residence hall programming, and facility management. Each Area Coordinator (AC) is responsible for the coordination, supervision, and implementation of all operations and functions in his/her residence hall(s). There are three ACs on campus and each supervises one of the following areas: 1. Sara Tracy Hall & Kirby Hall (upper-class female and first-year coed housing) 2. Campion Hall & Thomas More Hall (first year and upper-class coed housing) 3. Ignatius Hall (upper-class coed housing). Resident Assistants (RAs): Resident Assistants are upper-class student paraprofessionals who assist students in their growth and development. The RA serves as a role model, peer mentor, educator, information provider, and supervisor to the residents of his/her building. Residence Life staff contributes to the development of residents through the creation of diverse and positive living environments. Responsible student behavior is at the heart of our Residence Life program. Residents are expected to respect the property and rights of all residents, ensuring responsible behavior and mutual respect. It is important to note that the Department of Residence Life holds a resident's right to sleep and study as the most important consideration when addressing policy violations and conflicts. GENERAL PROVISIONS FOR STUDENT OCCUPANCY: 1) Residency Requirement & Request to Live Off-Campus: Wheeling Jesuit requires full-time undergraduate students to live in campus housing. If a student desires to reside off-campus, they must complete the Off-campus Housing Request Form. The Off-campus Housing Request Form provides the student the ability to request to reside off-campus for the following exceptions: The student is married. Include a copy of your marriage license and a signed and dated letter stating the address from which you will be commuting. 2015-2016 The student is a single parent with custody of your child (children). Include a copy of your child’s birth certificate and a signed and dated letter stating the address from which you will be commuting. Wheeling Jesuit University Student Handbook P a g e 43 The student has documented medical circumstances that cannot be accommodated on campus. Include a legible, official letter from your physician on office letterhead detailing your condition and why campus accommodations will not benefit your health. This request will require approval from WJU’s Health Center and/or Food Services provider. Also include a signed and dated letter stating the address from which you will be commuting. The student is a commuter student who lives within a 50-mile driving distance of the Wheeling Jesuit University campus and is living at the home of a parent or legal guardian. Include a notarized letter from parent or guardian with a full permanent address and, if living with a family member or guardian, indicating parent/guardian’s approval of living arrangement. This is necessary to ensure that you are living with a family member. The student is twenty-three years of age or older. Include a copy of driver’s license or birth certificate to verify age and signed and dated letter stating the address from which you will be commuting. University Aid Penalty: If none of the above options apply and the student still wishes to move off of campus, the student can accept the University Aid Penalty. The acceptance of this option means that the student’s Academic scholarships will be retained but ALL other scholarships will be revoked. The student must be aware of the financial implications of moving off campus and willing to accept this University Aid penalty. The student is required to speak with the financial aid office and understand how this will impact their aid. The request to Live Off-campus Housing Request Form can be obtained from the Office of Residence Life and requires signature from the Financial Aid Office for processing approval to move off campus. Rare exceptions to this policy may be granted by the Director of Residence Life and/or his/her designee. The university reserves the right to enforce any restrictions or regulations necessary for the general welfare of residents and/or the maintenance of its property. 2) Board/Meal Plans: All students who live in the residence halls are required to purchase a residential student meal plan. Meal plans are for use by the owner, and may not be sold or given to others. Students with special dietary needs should contact the Manger of Dining Services to discuss their dietary needs; most dietary needs can be accommodated by the foodservice team. It is the students' responsibility to seek accommodations and to cooperate with the foodservice team to seek the best resolution to their needs. Costs associated with the University meal plan will not be refunded due to lack of usage by the student. In rare cases, students with dietary needs stemming from medical necessity may be offered an exemption from mandatory enrollment in a meal plan; such requests will start with the Office of Residence Life and will require endorsement from Health Services and the foodservice provider in order to be approved. In extreme situations, the office of international programs may also request an exemption from the meal plan for international students. Meal Plan information is available from the Office of Residence 2015-2016 Wheeling Jesuit University Student Handbook P a g e 44 Life. If applicable, board plans may be changed during the first two weeks of each semester. Guest meal passes are available in the Office of Student Development, Swint 209, and students are eligible for 5 guest meal passes per semester. Guest meal passes will be deducted from students' overall meal balance. Guest meal passes can be signed out after the first two weeks of each semester. Undergraduate residents of Cardinal Commons and Steenrod Hall have the option of selecting the 75 Meals & $200 Flex meal plan due to the private kitchens located in their apartments. Individuals who are required to have academic commitments off-campus which would impede them from utilizing a full meal plan may request the 75 Meals & $200 Flex meal plan. 3) Cable Services: The University contracts with Comcast to provide high speed internet and cable TV services to all residence hall rooms; access to these services is part of the Housing Contract. Each room is provided with Comcast equipment (modem, cable box, remote control, and three cables). This equipment needs to be returned upon move-out; failure to do so will result in check-out fines. Questions about cable services should be referred directly to Comcast at: 855-638-2855. 4) Laundry: Washers and dryers are located in each residence hall. Students are responsible for their own laundry, including bed linens and towels. Laundry left within the washers or dryers for over 24 hours will be donated to charity and no refund will be provided. Mechanical failure of laundry equipment should be reported to the Office of Residence Life. During the academic year laundry service is provided as a part of the housing contract; laundry service is not guaranteed to residents in summer housing. Guests and non-residents are not permitted to use laundry facilities. 5) Lounges: Twenty-four (24) hour co ed lounges are available in most residence halls. Study lounges, available in most buildings, are designed for use by resident students. On occasion, legal alcohol may be permitted in Ignatius and Thomas More lounges with the permission of the Area Coordinator. All lounges follow Quiet and Courtesy Hour policies. 6) Entrance to Student Rooms I. ENTRY AND SEARCH: If there is reason to believe a policy violation is taking place in a room and/or a student's safety may be in jeopardy, a student's room and/or personal belongings may be searched by University officials, including professional residence life and/or safety and security staff. The University also reserves the right to enter student rooms for maintenance, housekeeping, suspected policy violations and Health and Safety inspections as deemed necessary. Whenever possible, notice of 2015-2016 Wheeling Jesuit University Student Handbook P a g e 45 intent to enter a room will be given to a resident in advance; given daily university processes, it should be understood that such notification will be rare. II. III. 2015-2016 ENTRY AND SEARCH PROCEDURE: Whenever possible, entry will be made by at least two people, a professional member of the Residence Life staff and the Director of Safety and Security and/or his/her designee (which may include student paraprofessional staff). When student safety is deemed to be in serious jeopardy it is possible a University Official will enter a room alone. If reasonable suspicion of a violation exists due to behavior or evidence that is in plain view, or can be plainly heard or otherwise detected, the University Official may open/unlock a door and enter the room without delay. The University Official may open/unlock a door without delay if there is reasonable cause to believe a delay would endanger the health and/or safety of the student or impede the student conduct process. If the occupant is present, he/she may stay for the search. If the occupant(s) of the room is/are not present and a search of the room is deemed necessary to ensure that University policies, rules and expectations, are being upheld, the search will be conducted by at least two individuals, one being a professional staff member. The search will be conducted in a private and unobtrusive manner. The University Official will note the name(s) of all individuals who are assigned to that room as responsible for any materials that constitute evidence of a violation. Room inspections may occur during Health and Safety Inspections without resident(s) present. The University Official may immediately seize and remove any or all material, which, by its presence, constitutes evidence that a violation of University policy has occurred. Such removal does not require express permission on the part of the room occupant(s). The University reserves the right to confiscate, retain, and dispose of any and all illegal, dangerous, or prohibited items, regardless of value or ownership. HEALTH AND SAFETY INSPECTIONS: Health and Safety inspections will be conducted by the Residence Life staff on a regular basis in each residence hall, at a time posted and announced 48 hours in advance. Inspections are to insure residents are maintaining safe furniture placement and equipment in accordance with fire code and that the room is a clean and healthy environment. Other violations found during Health and Safety Inspections will be addressed in appropriate manner i.e. through the university judicial process. Residents have 24 hours to rectify any health and safety concerns discovered and communicated to residents by the Residence Life Staff. Repeat health and safety violations may result in conduct sanction. Room inspections may occur during Health and Safety Inspections without resident(s) Wheeling Jesuit University Student Handbook P a g e 46 present; when applicable, room search procedures may be implemented if a policy violation is suspected. IV. EMERGENCIES: Rooms may be entered without authorization in the event of an emergency, i.e., a situation in which a person's health or well-being is threatened and/or personal or university property is thought to be in immediate danger. Period of Occupancy: a. Students are not permitted to move into the residence halls prior to their opening on the Thursday before classes begin (for new first year students and transfer students only) or the Sunday before classes begin (for all upperclassmen) for the fall semester. Students may not move into the residence halls prior to their opening on the Sunday before classes begin for the spring semester. Students may request permission to move-in early or stay in the residence halls once the halls have closed by visiting the Residence Life Page on OrgSync and completing the necessary forms. Permission is granted on a limited basis. b. Athletes who participate in Fall and/or Spring sports may be required to arrive prior to the opening of the residence halls. These dates are determined by the Athletic Director. It is the responsibility of each student athlete to complete the request to stay forms on the Residence Life Page on OrgSync by the advertised deadline. c. All residence halls are closed during official University holiday periods (e.g. Thanksgiving Break, Semester or Winter Break, Spring Break, Easter Break); room costs do not include housing during these periods. Students who need housing accommodations during this time are encouraged to seek housing with friends or off campus alternatives. Rare exceptions are made for international and distal students who are unable to go home during the break period and students who have official reasons to stay including athletics, student teaching, and clinical work. Details and procedures about housing arrangements during break periods are posted in the halls and published via email prior to each break period and students are responsible for following these guidelines. Students are responsible for notifying the Office of Residence Life to request permission to remain in housing while the halls are officially closed. Students are to vacate the premises within 24 hours after completion of their last scheduled examination during final examination week or by the official closing time and date of the residence hall, whichever is earliest. d. During the times that the residence halls are closed for break periods, entry by residents who do not have permission to be in housing during a break period is prohibited. If emergency access is necessary during office hours, students must contact Campus Security at 304 243-2486 and the officer will contact a residence life staff member for approval. During times when the residence halls are officially closed, guests are limited in times that they may visit the residence halls. This includes residents who have checked out at the close of each semester. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 47 Residence Hall Policies: J.a. ACTIVITIES (HALL SPORTS): For reasons of safety and maintaining courtesy hours within the residence halls, sports and other related activities are not permitted to be played anywhere within any residence hall (this includes personal residence hall rooms). This includes but is not limited to hockey, skateboarding, soccer, Frisbee throwing, water fights, snowball fights, bouncing balls, running, weight lifting and the use of other exercise equipment (outside of the designated workout areas). J.b. APPLIANCES: Wheeling Jesuit University prohibits the use of electrical appliances that contain exposed heating elements in residence halls. a. These prohibited items may include, but are not limited to: electrical hot plates, space heaters, electric frying pans, George Foreman grills, deep fat fryers, halogen lamps, UL approved extension cords, some popcorn makers, and some coffeepots with an exposed burner and those that do not have an automatic shut-off. b. Residents are advised to see their Area Coordinator to know if their appliance is permitted. c. Only two portable refrigerators, with a maximum 4.5 cubic feet capacity (1.7 capacity is recommended), are permitted in each residence hall room. To practice good stewardship and power conservation, it is strongly recommended that one refrigerator be shared by roommates whenever possible. d. Large appliances, portable air conditioning units and electric amplifiers for musical instruments are not permitted in the halls. J.c. BICYCLES: Residents may store bikes in their rooms and may not ride bikes in the halls. Bicycles may not be stored in public hallways or stairwells. Permission to temporarily store a bicycle in a lounge must be obtained from the Area Coordinator of the building in question. On occasion, bicycle storage areas may be available in the halls; the building's Area Coordinator can tell you if any such option exists in their particular building. J.d. CANDLES/INCENSE: Candles (with or without wicks) and incense are prohibited in the residence halls. J.e. CARDINAL CARD ACCESS (RESIDENCE HALLS): Residents will have 24 hour ID card access to their own residence hall. It is each resident's responsibility to ensure that they do not allow non-residents and/or persons who are not their guests, access to their residence hall; doing so is a violation of campus policy and such students will be subject to conduct action. a. 2015-2016 PROPPING/POPPING: Students found responsible for jeopardizing the security of a living area by circumventing security systems (such as forcing open locked doors or propping open doors) are subject to conduct action, including but not limited to full cost of repair to the security system. Residence Wheeling Jesuit University Student Handbook P a g e 48 b. c. d. life staff and/or campus security personnel are available to help a student gain access to their residence hall building and/or room when the resident may not have their keys with them. Residents should immediately call Campus Safety & Security (x2486) to report any suspicious behaviors and/or persons asking to be let into a residence hall without a proper escort by a resident of the hall. Upper-class Thomas More and Ignatius residents have ID card access to each other's halls from 8:00am - 6:00pm daily. After 6:00pm, these students will no longer have access and will need to be escorted by a resident of the hall they are visiting. ID card access to the ground floor of Ignatius Hall is provided to students so they may take advantage of offices and services located in Ignatius Hall; such access does not allow non-Ignatius residents access to the residential floors of Ignatius Hall. J.f. CARE OF ROOMS: Students are responsible for the cleanliness and care of their rooms. Each student will be accountable for any deterioration/damage of the room or its contents beyond normal wear and tear, and will be charged for such damages (see DAMAGE). Housekeeping will regularly clean and remove trash from public bathrooms and public areas. Residents of Kirby, Ignatius, and Thomas More halls are expected to clean and remove trash from their private bathrooms. J.g. CEILING COVERINGS: Due to fire code concerns, ceilings in residential rooms are not allowed to be covered in any way. J.h. CLASS ATTENDANCE/ENROLLMENT POLICY: A student must be registered for 12 credit hours per semester to be enrolled as a full-time resident student. Only full-time students can live in campus housing. a. b. c. d. 2015-2016 Any residential student who withdraws, takes a leave of absence, whose academic course load is reduced to less than 12 credit hours through dropping, withdrawing, or earning final grades of FA in one or more classes and/or who fails to abide by the attendance policy set forth by the English Language Institute program, is no longer considered a full-time student. Once a student officially withdraws from the University or falls below 12 credit hours (including credit request denial), they will have 48 hours to vacate the residence halls from the date of the change in registration or risk being charged with trespassing. In extenuating circumstances, students enrolled in less than 12 credit hours may be approved to maintain campus residency by the Director of Residence Life. Students considering adjusting their course load in such a way as to fall below full-time status and who are not able to move out of housing and commute Wheeling Jesuit University Student Handbook P a g e 49 e. f. from home should speak with the Director of Residence Life prior to making such changes. If belongings remain behind, the University reserves the right to dispose of them as deemed appropriate without necessarily contacting the owner. Residential students may be monitored to assure that they are in strict compliance within the Class Attendance Policy. Students out of compliance may be removed from housing, with no entitlement to refund of any housing charges. This includes ELI students responsible for abiding by the ELI class attendance policy. J.i. COHABITATION: Cohabitation is defined as the consistent presence of a guest who spends a day/night or longer period of time in a student's residence hall room. Visitors of the same or opposite gender found to be a consistent presence, regardless of time of day, in a room not their own, will be considered to be engaged in cohabitation, and the host and student(s) involved will be subject to conduct review through the Office of Residence Life and Student Conduct. (See also Visitation) J.j. CONSOLIDATION: The Office of Residence Life reserves the right to consolidate rooms, or to change a student's room assignment when necessary; room charges will be adjusted accordingly when students refuse to consolidate rooms and the refusing student will be charged for the cost of a single room. J.k. COURTESY AND QUIET HOURS: The primary goal of the University is to facilitate and promote the academic mission; therefore, a 24-hour courtesy policy is in effect for all University Residence Halls. Students are encouraged to help others in their communities determine the appropriate level of sound from any room during this time. Residents of any room who are approached for disturbing the community will be required to make corrections immediately, regardless of time of day. All students in University owned housing must adhere to the following "Quiet Hours": a. b. c. d. J.l. 10:00 PM to 8:00 AM Sunday evening through Friday morning (or during evenings proceeding class days) 12:00 AM to 11:00 AM Saturday morning through Sunday morning (or during evenings not proceeding class days) 24-hr Quiet Hours start at 5 pm the day before exams until 5pm the last day of exams. During Quiet Hours it is expected that noise be confined to individual living units (Residence Hall rooms and apartments.) The noise in a room should not disturb neighbors sharing common walls. Students with repeat violations of Courtesy and Quiet Hours are subject to placement on Level IV: University Housing Suspension. DAMAGE: Students are financially responsible for their individual rooms and for the common areas of the residence halls. Charges will be assessed against the student's account if/when damage occurs in a private room or in a common area (e.g. hallway, 2015-2016 Wheeling Jesuit University Student Handbook P a g e 50 bathroom, lounge) for damage beyond normal wear and tear or when the responsible individual(s) cannot be determined. a. Room Condition Report (RCR): Each resident and Residence Life Staff members will complete and sign a Room Condition Report to document damaged and/or missing furniture or fixtures. i. Initial Room Audit: At the start of the academic year, the residence life staff completes an inventory of the room’s condition and items present. This audit will be documented on the Room Condition Report. The residents are then responsible for verifying the accuracy of this audit. 2015-2016 ii. Closing Room Audit: Residence Life Staff members and/or Physical Plant staff members will check the condition of the room after the student has vacated the room. When vacating the room, the form will be reviewed. Any previously undocumented damages and/or missing furniture or fixtures damages, missing furniture, or fixtures will be charged to the occupants. The process is complete when the residence life staff member makes a final inspection of the room and charges are jointly assessed by the Offices of Residence Life and Physical Plant. iii. RCR Completion: It is the responsibility of the resident to formally check out of their rooms ANY and EVERY time they vacate a room (i.e. to switch rooms, at the end the year, etc.) b. INDIVIDUAL DAMAGE CHARGES: Are the cost of damages that occur within the residential room. This is determined by comparing the initial room audit and closing room audit. Any damages that occur during the resident’s stay will be assessed to their student account. c. COMMUNITY DAMAGE CHARGES: The cost of damages that occur within common areas for which individuals have not been found responsible will be divided amongst all residents within the residence hall at the end of the academic year. These community wide damage charges are not appealable. The cost of replacement or repair will be assessed proportionately among students in that section or residence hall. Students with information about others who may be the cause of community damages should immediately report this information to residence life and/or security staff. Every attempt will be made to hold accountable the responsible person(s) to avoid community damages; this requires cooperation from students with information helpful in the investigation process. d. UNCLAIMED ITEMS: Students vacating assigned rooms lose the right to personal items left behind and will be charged a disposal fee. If appropriate, such items may be donated to local charitable organizations. Wheeling Jesuit University Student Handbook P a g e 51 e. KEY RETURN: Keys must be returned to the Resident Assistant or Area Coordinator upon leaving the University or within 24 hours of vacating the room. If keys are not returned, the student’s account will be billed for a lock change. f. DAMAGE APPEALS: Any contested charges may be reviewed through an appeals process (see the Office of Residence Life for details). g. DAMAGE REPAIRS: All requests for repairs should be given to the Resident Assistant unless the repair is an emergency. In an emergency and/or after hours, contact the Office of Safety Security. h. DECORATIONS: Residents are responsible for any DAMAGE caused to the room in which decorations may cause. i. Nails, thumbtacks, tape of any kind, stickers, decals, and any other devices which DAMAGE paint or wood surfaces are not permitted. ii. Posters and other decorations may be hung on the walls as long as damage to the surface does not result. iii. Any partition or hanging materials deemed a fire hazard is strictly prohibited; this includes ceiling coverings. iv. Posting materials on the outside of room doors in hallways, or in windows for public view with the intent to harm or provoke others is prohibited. v. All material posted in public areas is considered a public display and must be deemed appropriate by the Residence Life Staff. This includes materials that are not in keeping with Wheeling Jesuit University's mission and identity. vi. Live trees are not permitted as room decoration due to fire issues. J.m. FIRE REGULATIONS: Residents should be familiar with their residence hall and aware of the nearest exit and alternate exits. Failure to evacuate a residence hall during a fire alarm or re-entering a residence hall before being permitted by a University official, member of the fire department or a security officer is prohibited. Interference with or not adhering to emergency evacuation procedures in a residence hall is prohibited. J.n. FIRE EQUPMENT- TAMPERING: Tampering with fire prevention equipment is expressly forbidden. If such actions cannot be attributed to an individual(s), those living in the residential area will each be charged a communal damage fine for the cost of repairs and/or replacement of the equipment. J.o. FIRE EQUPMENT- DELIBERATE ALARM: Deliberate false alarms that cannot be attributed to a particular individual(s) may result in a minimal fine up to $100 to each resident of the section and the cost of repairs and replacement of the equipment. Failure to exit a building during an alarm (false or otherwise) will result in student conduct action 2015-2016 Wheeling Jesuit University Student Handbook P a g e 52 J.p. FLOOR MEETINGS: Throughout the year, floor or all hall meetings may be called. All students should attend scheduled meetings, especially those indicated as "mandatory". Students who miss a mandatory floor meeting are responsible for obtaining the information that they missed by contacting their Resident Assistant or Area Coordinator directly. J.q. FURNITURE, PERSONAL: Residents may bring personal furniture such as chairs, bookcases, etc. Waterbeds are not permitted. The Director of Residence Life or his/her designee, may prohibit any personal furnishings considered too large or potentially dangerous (fire hazard etc.) for any residence hall room. University provided furniture cannot be removed from the room in any circumstance unless approved by the Office of Residence Life professional Staff (Director/Area Coordinators). J.r. FURNITURE, UNIVERSITY: Students are not permitted to remove furniture, furnishings or other equipment from any University facility; this includes but is not limited to window screens. Lounge and public area furniture may not be moved to another area or to a student's room. Students may not switch furniture from one residence hall room to another without permission from the Office of Residence Life professional Staff (Director/Area Coordinators). Built-in furniture (fixed location) may not be altered or moved from its location within a room. J.s. KEYS: Keys to residence halls and any other University facilities are the property of Wheeling Jesuit University. a. Loaned: Keys may not be loaned to anyone under any circumstances and are not to be reproduced. Due to high level security concerns, giving keys to unauthorized others and/or reproducing keys will result in a fine and may result in University and/or Housing Suspension or Expulsion. b. Report Lost: Report lost keys immediately to the Office of Residence Life. A lost key will require the replacement of the keys, changing the core and changing the cylinder for the locks involved. The student will be charged for these lost residence hall keys or a lost key to any other university facility. If a key is lost, the resident must notify the Office of Residence Life within 48 hours. c. Key Return: Failure to return keys when a student checks out of the residence hall and before leaving campus will result in fines and replacement costs. d. Unauthorized Use: Use of any University keys to enter unauthorized areas is a conduct violation and may result in disciplinary action. e. Audits: The Office of Residence Life will conduct period key audits during the academic year. Students failing to produce a key and/or who have not reported a key missing will be charged with a violation of policy. J.t. KITCHENS - USE OF & COOKING: Cooking is only permitted in the designated kitchens in the residence halls and comes with great responsibility. For reasons of fire 2015-2016 Wheeling Jesuit University Student Handbook P a g e 53 safety, no cooking/grilling, etc. is permitted in student rooms, hallways, or balconies/rooftops, etc. a. Students who are cooking in the designated kitchen are to never leaving their cooking food unattended; students who leave their food unmonitored may lose cooking privileges. b. Students are responsible to clean any mess made while cooking. While using the microwave, students should never place foil or metal in the microwave. While using the stove, students should turn on the exhaust fan when starting to cook, and off once completed. c. After cooking is completed, ensure the stove/oven is turned off before leaving the room. d. Students should also use a limited amount of cooking oil while cooking - no more than a½ cup per meal is recommended to limit oil residue left in the cooking area and students cooking with oils will need to ensure the kitchen is properly cleaned for the next user. e. Kitchen facilities in the residence halls are not adequate for regular, daily use by the same student; this facility is intended for individual periodic shared use by all residents of the building. Likewise, the storage of food in public refrigerators is to be limited to periodic use so ample space is available for other residents to use; if needed, the Office of Residence Life may place restrictions on the amount of food stored in public refrigerators to ensure access for all students and to keep the refrigerator clean. J.u. LOCK OUTS: It is the responsibility of the student to have their room key in their possession at all times. Residence Life staff are available to assist students in the event of a lockout. If a lockout occurs, a $5.00 lockout fee will be charged to the students' account. If the key cannot be produced, a lock change will be performed and a lock change fee of $100.00 added to their account. J.v. LOFTS: Self-constructed lofts are not permitted for safety and security purposes. J.w. MAXIMUM OCCUPANCY: The University recognizes the need for student interaction and the need to build a strong residential community. In the interest of safety however, the University allows only eight (8) people/residents per double occupancy residence hall rooms and four (4) for single occupancy rooms that are smaller in size. No more than twenty-four (24) people are permitted within the entire Thomas More quad (including the bedrooms, lounge, bathroom, and hallway) at any given time. These restrictions are set in place per advisement of the local and state fire authorities for purposes of safety in the event of a residence hall fire. J.x. MOTORIZED VEHICLES: Two and four wheel motorized vehicles (e.g. motorcycles, mopeds, ATVs and dirt bikes) must be parked in University-assigned parking space (between yellow lines) and are not permitted within the residence halls. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 54 J.y. PETS: State and University health and safety regulations prohibit pets-mammals, rodents, reptiles, insects-- in the residence halls, except species of non-carnivorous aquarium fish in a tank no larger than 10 gallons. J.z. QUAD DOORS: The windows located on the outer door of Thomas More quads cannot be covered for any reason. This is due to issues of safety and security and since the hallways of Thomas More quads are considered community space for the students living within that particular quad. Exceptions may be granted upon request by the Director of Residence Life and/or his/her designee. Quad residents are responsible for use of outer quad door keys and communicating with other quad residents regarding the locking of the outer door to enhance security within their quad. J.aa. RECEPTION DESKS: Reception desks are located in the entry ways of Thomas More, Campion/McHugh, Sara Tracy/Kirby and Ignatius halls and may be staffed during high traffic times when classes are in session.. Visitors to the Residence Halls may be asked to show a photo ID (students-cardinal card or non-students-driver's license) to the front desk attendant during visits when these desks are staffed. It is students' responsibility to ensure they do not violate the Visitation Policy when visiting halls in which they do not reside. J.ab. ROOM ASSIGNMENTS/SELECTION: The Director of Residence Life and/or his/her designee coordinates room assignments: a. Each upper-class student may select a roommate during housing selection each Spring. b. Incoming new students may indicate a roommate preference, but are not guaranteed this preference, during the summer prior to matriculation. c. The Office of Residence Life has the right to assign students to vacant spaces in rooms at any point during the academic year. d. Students must be cleared (e.g., a zero account balance, health records complete, forms and contracts completed) from the Student Accounts, Health Center, Financial Aid and the Office of Residence Life before they are permitted to register for and move into housing. J.ac. ROOM DEPOSITS: Each resident must make an annual housing deposit to secure the assignment of their room. J.ad. ROOM/ROOMMATE CHANGES: Roommate changes are not automatic. During the first four-weeks of each semester, room changes will not occur, unless in extenuating circumstance; this will allow Residence Life staff time to identify available space in each residence hall and encourage residents to give ample time to adjust to their roommates. a. Students with roommate conflicts should first discuss the situation with their Resident Assistant and then with the Area Coordinator of the building. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 55 b. c. d. e. Relocating is only an option after open communication occurs between roommates and when the problem is deemed not solvable while continuing the roommate relationship. Students may be asked to participate in mediation or conflict resolution with residence life staff and/or the University counselor. Only in exceptional cases will students be allowed to move or change roommates after the fourth week of each semester. It is the responsibility of the resident to formally check out of their rooms ANY and EVERY time they vacate a room (i.e. to switch rooms, at the end the year, etc.) J.ae. SINGLE ROOM POLICY: In general, singles may be assigned/made available: a. For documented serious medical reasons; medical documentation [from a medical doctor, on office stationery] is required and needs to be renewed each academic year. Requests are granted based upon availability of single rooms; priority consideration will be given to requests made, with necessary documentation, three months prior to the start of the semester. b. After room consolidation at the beginning of each academic semester. Other Situations that may lead to a student having a single room: c. d. e. f. g. 2015-2016 Students whose roommate became an R.A., withdrew during the semester due to medical, academic, Student Conduct and/or financial reasons, will not be charged the single supplement for the remainder of that semester. If he/she does not have a roommate for the following semester, he/she will be charged the single rate. Students removed from their rooms because of a Student Conduct violation will be automatically charged the prorated single supplement for the room to which they are moved. Students who have roommate conflicts, and need to move to resolve those conflicts, will be charged a single rate from the day they are moved, if they move to a single room, and the applicable rate for the building to which they move. The process for conflict resolution must be followed first, prior to any move. Moving is a last effort to resolve these types of personal conflicts. Other situations will be addressed individually, as they arise, either by the Dean of Student Development, Director of Residence Life, and/or his/her designee. ALL moves from one building to another, or from one room to another, must first be approved by the Area Coordinator of the building(s), and the Director of Residence Life. Fines and Room Damage Costs will be assessed for violations of this policy. Students who purchase a single room must pay the single room rate for that building. It is the responsibility of each student to Wheeling Jesuit University Student Handbook P a g e 56 check with The Office of Residence Life to obtain a list of students available for roommates. J.af. SMOKING: Smoking in the residence halls is prohibited. Students must be beyond 25 feet from the outside of the residence halls to smoke; this is a state requirement. See Smoking Policy in the Student Handbook. J.ag. SOLICITATION: Door-to-door sales and distribution of advertisements within the residence halls is prohibited. Residents or registered student organizations may use public and common areas with approval from the Director of Residence Life and/or Director of Student Activities. No door-to-door solicitation is permitted. Residents may not conduct personal and/or commercial business from their rooms without written permission from the Office of Residence; on occasions, residents may be permitted to do so as long as it does not interfere with academic community standards, the mission of the University, and computer usage guidelines. J.ah. STUDENT TELEPHONE SERVICE: Local telephone service is available in each residence hall room as part of the Housing Contract; students need to provide a landline phone. No long distance or collect calls can be charged to the room. J.ai. THEFT: Report any theft immediately to the Office of Campus Safety and Security. The Dean of Student Development will also be notified. The University does not assume responsibility for personal property kept at the University. ALL STUDENTS SHOULD: a. b. c. d. e. Keep room doors and windows locked whenever the room is left unoccupied, even for short periods of time. Clearly mark all personal items with a personal identification number other than your social security number. Record serial numbers/make of stereo, computers, etc. in a separate, secure location. Not keep large amounts of cash or other valuable items (such as expensive jewelry) in a residence hall room. Subscribe to private insurance for belongings that may be damaged and/or stolen during students' time in campus housing. J.aj. TRASH: Disposing of trash in unauthorized areas, including leaving trash in lounges or hallways is prohibited. J.ak. VISITATION: "Visitation" applies to any person who does not live in the hall that they are visiting; such persons may be residents living in other halls or campus visitors/guests who reside off-campus (this includes family members). 2015-2016 Wheeling Jesuit University Student Handbook P a g e 57 Wheeling Jesuit University's Visitation Policy serves three primary goals. First, the policy secures students' right to live in supportive atmosphere that protects the safety, security, and privacy needs of all the students living in the community. Second, by having different policies for first-year and upper-class students, students are afforded a developmentally appropriate experience to exercise their best judgment and to make increasingly responsible decisions. Third, by limiting guests under the age of 18 the University limits potential exploitation of minors and provides care for the moral development of guests who are minors and of our students. All goals are essential to our University mission of providing opportunities for ongoing development of students' sense of responsibility, conscience and intellect, and to encourage and help students to recognize new experiences as opportunities for further growth. ALL VISITATION POLICIES ARE GOVERNED BY THE FOLLOWING PRINCIPLES: a) During the academic year, Kirby, Sara Tracy, Campion, McHugh, and Thomas More Halls are locked all of the time; only residential students and authorized employees have card access to these buildings. b) During specific times, the ground level doors of Ignatius hall are unlocked to provide access to the ARC or the ELI office. Visitors to the ARC and ELI who do not have authorization to be in the residential areas of Ignatius Hall are prohibited from visiting the residential areas (Floors 2-7) without the proper residential escort. c) Upper-class residents visiting Ignatius and Thomas More Halls have dual ID card access to both halls daily from 8:00am-6:00pm. d) The rights of a roommate are respected at all times, particularly as noted above. Roommate rights receive higher consideration than the desires of guests since roommates are paying room cost. When roommate conflicts result from the presence of visitors in the room, residents are to work with their roommate and residence life staff to find an acceptable resolution to the conflict. If an acceptable resolution cannot be reached, a room change may be an option. e) Students who give hall access to non-residents, who are or are not their guests may be held accountable for violating the campus visitation policy for providing unauthorized access that puts into jeopardy the building safety and security. f) Students are responsible for the behavior/actions of their guests at all times; this includes students hosting overnight prospective students. g) All visitors must be escorted by their host at all times inside and outside of the residence hall rooms. h) Residence halls have a main (co-ed) lounge that is open 24 hours a day for visit with members of the opposite sex; visitation by members of the opposite sex in all other areas of residential units are governed by the hours and regulations as outlined below. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 58 VISITATION HOURS: a. First-Year Students and First-Year Halls i. On Days Preceding Class Days: 8:00 AM to Midnight ii. On Days Not Preceding Class Days: 8:00 AM to 2:00 AM iii. First-year students are not permitted to have any visitors outside of the times listed above. iv. First- year students are not permitted to visit other students within the residence hall rooms or apartments outside of the times listed above. v. First-year students are to follow First-Year guidelines while in upper-class halls (Kirby, Ignatius, Thomas More, Steenrod, and Cardinal Commons). vi. Visitation Hours listed above apply to upper-class students visiting firstyear students residing in Sara Tracy, Campion, & McHugh Halls. b. Upper-Class Students (Sophomores, Juniors, & Seniors) i. On Days Preceding Class Days: 8:00am to 2:00am ii. On Days Not Preceding Class Days: 24 hours per day 1. Typically, this means open visitation from 8:00am Friday - 2:00am Monday morning. iii. Upper-class students are restricted to First-Year Visitation Hours when visiting Sara Tracy, Campion, & McHugh Halls. iv. Upper-class students may only have two off-campus overnight guests at any time and must accept responsibility for the actions of his/her guest, including any/all financial liability for damages and/or any University policy violations. v. Overnight guests may stay in an upper-class student's room for no more than two consecutive nights, for a total of no more than six nights per semester. vi. Guests under the age of 18 are not allowed overnight visitation in the residence halls. NOTE: Exceptions may be made upon written/email request to the Area Coordinator of the building in question (request should be submitted at least 48 hours before the planned visit). J.al. VISITATION- MINORS IN THE RESIDENCE HALLS: Full-time enrolled undergraduate or ELI students under the age of 18 are able to reside in the University residence halls. These students are expected to follow University policies applicable to all students. Residential guests/visitors under the age of 18 years old are discouraged from frequenting University residence halls and are not allowed overnight visitation in the 2015-2016 Wheeling Jesuit University Student Handbook P a g e 59 residence halls without specific permission from the Office of Residence Life and/or Office of Admissions. It is the responsibility of the residential student host to ensure these guidelines are followed (see below). Guests under the age of 17 are allowed visitation daily from 10am-5pm, within the guidelines of the Visitation policy (see below). Residential students wishing to host guests under the age of 17 between the hours of 5pm-10am may be allowed to do so with written permission from the Office of Residence Life; students should contact their Resident Assistant or Area Coordinator to receive such permission at least 48 hours in advance of guests' arrival. J.am. VISITATION- FRONT DESK: Reception desks are located in the hall entryways and may be staffed during high traffic times when classes are in session. Visitors may be asked to show a photo ID (students=cardinal card or non-students=driver's license) with the front desk attendant. Visitors who refuse to present a photo id at the front desk, upon requests, may be asked to leave the building, and possibly campus, immediately. a. If a visitor is present in the building prior to 7pm, the resident must escort their visitor(s) downstairs to have them register with the front desk attendant. J.an. WINDOWS: Misuse of windows. Unless in the event of building evacuation for safety and security reasons, at no time are students or guests/visitors to use windows in the residence halls to gain entry into or to exit from the residence hall. This activity is considered an unlawful entry into a campus building and is a major breach of campus safety and security procedures. Residents are also not permitted to remove window screens for any reason, except in the case of a necessary emergency exit. All cases will be processed through the Student Conduct system and the student will be charged to replace the screen. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 60 SEXUAL MISCONDUCT POLICY DATE APPROVED: November, 2015 APPROVED BY: University Counsel DATE TO BE REVIEWED: July, 2016 REVIEWED BY: Title IX Coordinator DATE REVISED: November, 2015 REVISION NUMBER: 1.0 COMPLIANCE COMMITTEE: As Scheduled 1. Introduction The University prohibits all forms of sexual discrimination, including sexual misconduct as defined on page 6. The University is committed to addressing sexual misconduct in a manner consistent with applicable law. A notice of the University’s policy of nondiscrimination shall be widely disseminated on the University’s campus to students, employees, applicants for admission and applicants for employment. The notice shall specifically state that (a) the University does not discriminate on the basis of sex in its education programs and activities, (b) the University is required by Title IX not to discriminate in such a manner, and (c) questions concerning Title IX may be referred to the University’s Title IX Coordinator or to the Office of Civil Rights at the United States Department of Education. The notice of non-discrimination shall state the name or title, office address, telephone number and email address of the University’s Title IX Coordinator. Specifically, it is the policy of the University that designated staff members take immediate and appropriate steps to investigate or otherwise determine what happened when the University knows or reasonably should know of possible sexual misconduct. When sexual misconduct is determined to have occurred, the University shall take prompt and effective steps reasonably calculated to end the sexual misconduct, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects. All complaints shall be processed in accordance with the procedures established in this policy. It is also the policy of the University to protect any student filing a complaint alleging sexual misconduct and to ensure the student’s safety as necessary, including taking interim steps to protect the student prior to the final outcome of any investigation. It is the University’s duty under Title IX to resolve complaints promptly and equitably and to provide a safe and nondiscriminatory environment for all students, free from sexual misconduct. This duty also applies to complaints involving parties of the same sex, and it requires the University to use the same procedures and standards used in all complaints involving sexual misconduct. Inappropriate conduct by University personnel toward students is prohibited, and University policies shall identify procedures for identifying and responding to inappropriate conduct by University personnel. 2. Scope of Policy a. Persons, Conduct, Locations, Programs, Activities and Relationships Covered - All of University’s students, employees, and campus visitors are covered by this policy, regardless of 2015-2016 Wheeling Jesuit University Student Handbook P a g e 61 sexual orientation or gender identity. This policy applies on all property owned by the University, on all property at which the University holds educational programs or activities, and on all airplanes, buses or other vehicles used to transport the University’s students, and this policy applies to all of the University’s educational programs and other activities. b. Overview of Confidentiality Policy - The University’s confidentiality policy is set forth in Section 6. 3. Options for Assistance Following an Incident of Sexual Misconduct The University shall take prompt steps to protect the complainant once the University has notice of sexual misconduct. The University shall take interim measures, including academic accommodations, to protect the complainant and witnesses as necessary while any criminal or campus investigation is underway and before the final outcome of any investigation. University officials should be mindful that sexual misconduct can result in delayed decision-making by a student who has experienced sexual misconduct. In anticipation of the need for support services from other agencies in the community, the University shall enter memoranda of understanding with other agencies as may be necessary to meet the University’s obligation under Title IX. The University shall enter a memorandum of understanding with local victim services provider if the University does not offer services required by Title IX. All such memoranda shall comply with all FERPA requirements. In the event of an alleged off-campus sexual misconduct incident, the University shall protect the student and the University community in the same manner it would had the sexual misconduct occurred on campus. Further, the University shall handle off-campus sexual misconduct incidents as it would handle other off-campus incidents of misconduct and consistent with any applicable law. If the University has a sexual assault response coordinator, that person must be consulted in identifying safety risks and interim measures that are necessary to protect the student. a. Immediate Assistance - In the event of a sexual assault, various resources are available to students: i. Trained off- campus advocates and counselors who can provide an immediate privileged and confidential response in a crisis situation: Sexual Assault Help Center at Ohio Valley Medical Center (OVMC) 2000 Eoff Street Nurses Residence #214 Wheeling, WV 26003 304-234-1783 ii. Emergency phone numbers for on- and off- campus safety, law enforcement and other first responders, including the Title IX Coordinator: Campus Safety/Police: 304-243-2486 / 911 Local Police: 304-234-3661 / 911 Ambulance: Tri-State 304-233-4357 Title IX Coordinator: 304-243-2264 Director of Resident Life: Swint Hall, Suite 201 316 Washington Ave Wheeling, WV 26003 304-243-2390 2015-2016 Wheeling Jesuit University Student Handbook P a g e 62 Director of Security: Swint Hall, Suite 209 316 Washington Ave Wheeling, WV 26003 304-243-2486 iii. The Sexual Assault Response Team (SART) can provide the following resources and support and can be accessed by: Sexual Assault Help Center at Ohio Valley Medical Center (OVMC) 2000 Eoff Street Nurses Residence #214 Wheeling, WV 26003 304-234-1783 iv. Health care services are available as follows: On-Campus: Part Time Nurse RN Campus Health Center Swint Hall, Suite 208 316 Washington Ave Wheeling, WV 26003 304-243-2275 Off-Campus: EMSTAR Trauma Services Ohio Valley Medical Center 2000 Eoff Street Wheeling WV 26003 304-234-0123 Off-Campus: Family Health Center 1 Medical Park Wheeling, WV 26003 304-243-3880 v. A Sexual Assault Nurse Examiner (SANE) can be found or a rape kit can be obtained at: OVMC 2000 Eoff Street Wheeling WV 26003 304-234-8888 Wheeling Hospital 1 Medical Park Wheeling, WV 26003 304-243-3000 Any victim of sexual misconduct should be aware of the options to seek treatment for injuries, preventative treatment for sexually transmitted diseases, and other services. Victims are encouraged to discuss with health care providers, campus officials, and/or first responders the option of seeking medical treatment in order to preserve evidence which may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protective order. Alleged offenses may be reported to the law enforcement agencies or to university officials designated in Section 6, and victims may (a) notify law enforcement authorities, (b) be assisted by 2015-2016 Wheeling Jesuit University Student Handbook P a g e 63 campus authorities in notifying law enforcement authorities if the victim chooses, or (c) decline to notify such authorities. Victims may also be able to obtain orders of protection, no contact orders, restraining orders, or similar lawful orders issued by an appropriate court. University officials should be mindful of the University's obligation to provide interim measures to protect the complainant in the educational setting. The University must consider a number of factors in determining what interim measures to take, including, (a) the specific need expressed by the complainant, (b) the age of the students involved, (c) the severity or pervasiveness of the allegations, (d) any continuing effects on the complainant, (e) whether the complainant and the Respondent share the same residence hall, dining hall, class, transportation or job location, and (f) whether other judicial measures have been taken to protect the complainant. The University shall minimize the burden of any interim measures on the complainant. The University will provide counseling services without charge to the complainant if the University determines that counseling is necessary as a part of its Title IX obligation to protect the complainant while the investigation is ongoing. Non-professional counselors or advocates shall consult with students regarding what information needs to be withheld to protect each student’s identity. The University shall notify the complainant of complainant's options to avoid contact with the Respondent and allow the complainant to change academic and extracurricular activities or complainant's living, transportation, dining, and working situation as appropriate. The University shall ensure that the complainant is aware of (a) complainant's Title IX rights, (b) any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and legal assistance, and (c) the right to report a crime to campus or local law enforcement. The University shall not dissuade a complainant from filing a criminal complaint either during or after the University’s internal Title IX investigation. b. Ongoing Assistance i. Counseling, Advocacy and Support - On and Off Campus 1. Counseling and support services for victims of sexual misconduct, whether or not a victim chooses to make an official report or participate in the University’s disciplinary process or criminal process, include: Name and Contact Information: Sexual Assault Help Center Ohio Valley Medical Center 2000 Eoff Street Wheeling, WV 26003 304-234-1783 Name and Contact Information: Tri-County Help Center 104½ North Marietta Street. St. Clairsville, Oh 43950 800-695-1639 2. Confidential counseling, advocacy, health, mental health, or sexualmisconduct-related sources, can be found both on and off campus as follows: On-Campus: WJU Counseling Center Whelan Hall, Room 101 316 Washington Ave Wheeling, WV 26003 304-243-2081 Off-Campus: Sexual Assault Help Center, OVMC 2000 Eoff Street 2015-2016 Wheeling Jesuit University Student Handbook P a g e 64 Wheeling, WV 26003 304-243-1783 Off-Campus: Tri-County Help Center 104½ North Marietta Street. St. Clairsville, Oh 43950 800-695-1639 3. Ongoing support during the University’s disciplinary process or the criminal process can be found as follows: Contact Information: Dean of Student Development Swint Hall, Suite 209 316 Washington Ave Wheeling, WV 26003 304-243-2350 ii. Academic Accommodation and Interim Measures 1. The University can provide immediate steps and interim measures to ensure the safety and well-being of the victim, such as the ability to move dorms, change work schedules, alter academic schedules, withdraw from/retake a class without penalty, and access academic support (e.g. tutoring). 2. The University may be able to provide additional interim measures for complainants while an investigation is pending, such as no contact orders and changing the Respondent's living arrangements or course schedule. 4. Title IX Coordinator The President shall designate at least one employee to coordinate the University’s efforts to comply with and carry out responsibilities under Title IX. The current Title IX Coordinator is: Deborah Wilkinson. The University shall notify all students and employees of the name or title and contact information for the Title IX Coordinator. The President shall give the Title IX Coordinator the training, authority, and visibility to fulfill the required duties set forth in this section and elsewhere in this policy in sections, 1, 3, 4, 6, 7, 9 and 10. The Title IX Coordinator shall have knowledge of Title IX requirements, of the University’s policies and procedures on sex discrimination and of all complaints raising Title IX issues throughout the University. The University shall appropriately train the Title IX Coordinator in all areas over which the Title IX Coordinator has responsibility. The Title IX Coordinator shall be informed of all reports and complaints raising Title IX issues, even if the report or complaint was initially filed with another individual or office or if the investigation is to be conducted by another individual or office. The Title IX Coordinator shall be available to meet with students as needed. The Title IX Coordinator shall have no other job responsibilities which create a conflict of interest with the responsibilities associated with being the Title IX Coordinator. If more than one Title IX Coordinator is designated by the President, the University’s notice of nondiscrimination and the University’s grievance procedure shall describe each coordinator’s duties and shall designate one coordinator as having ultimate oversight responsibility. The Title IX Coordinator shall review all processes used to resolve complaints of sexual misconduct to ensure that they (a) comply with requirements for prompt and equitable resolution of these complaints, (b) allow for appropriate interim measures to be taken to protect the complainant during the process, and (c) provide for remedies to the complainant and University community where appropriate. The Title IX Coordinator shall also review the University’s disciplinary policy to ensure it does not have a chilling effect on student’s reporting of sexual misconduct offenses or participating as witnesses. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 65 5. Definitions As used in this policy, the phrases and words listed shall have the meanings set forth below: Consent - Verbal statements or non-verbal actions which a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent. Counseling employees - Pastoral and professional counselors who are licensed by the state in which they practice and employed by the University and other non-licensed employees working under the direct supervision and control of the licensed employees such that non-licensed employees are covered by the licensed employees’ statutory privilege. Dating violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. “Dating violence” includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but it does not include acts covered under the definition of domestic violence. Discrimination on the basis of sex - Any action that adversely affects the employment or educational opportunities of a person due to his or her sex. This includes discrimination on the basis of pregnancy, in sports, in scholarship programs and in decisions or actions at all operational levels on campus. “Discrimination on the basis of sex” also encompasses harassment of an individual on the basis of sex or any form of sexual misconduct. Domestic violence - A felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim, (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (e) any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Educational setting - All of the University’s academic programs and other activities of whatever nature on campus and at every other location where the University conducts authorized programs or activities. Incapacitation - Any situation in which a person is incapable of giving consent due to the student’s age, state of consciousness, use of drugs or alcohol, or an intellectual or other disability. Intimidation - The intentional act of coercing or frightening someone to engage or not engage in conduct of a sexual nature against that person’s will. Hostile environment - “Hostile environment” means activity or conduct involving sexual harassment that is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the University’s program. Non-consensual sexual contact - Any physical touching of a sexual nature which is not preceded by consent or which continues after a previous consent is withdrawn. Non-consensual sexual intercourse - Any sexual intercourse which is not preceded by consent or which continues after a previous consent is withdrawn. “Sexual intercourse” includes vaginal or anal penetration by a penis, object, tongue or finger and oral copulation. Responsible employees - The President, Vice Presidents and Deans of the University, the Title IX Coordinator, Deputy Title IX Coordinators, faculty members, resident advisors (RAs) and 2015-2016 Wheeling Jesuit University Student Handbook P a g e 66 their supervisors, Athletics Staff and coaches, and University security officers are responsible employees. Retaliation - The act of seeking revenge upon another person. Sex discrimination or sexual discrimination – Same as “Discrimination on the basis of sex.” Sexual assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program. Sexual exploitation - The abuse of a position of vulnerability, differential power, or trust for sexual purposes. Sexual harassment - Unwelcome conduct of a sexual nature. Sexual misconduct - Any act, including acts between members of the same sex, of sexual harassment, sexual violence, sexual assault, non-consensual sexual contact, non-consensual sexual intercourse, sexual exploitation, stalking, intimidation, dating violence, or domestic violence, or any act that creates a hostile environment or any act of retaliation against a complainant or anyone involved in a grievance procedure under this policy. Sexual violence - Physical sexual acts perpetrated against a person’s will or with a person who suffers from incapacitation. “Sexual violence” also means same-sex conduct that violates the University’s prohibition on sexual violence. Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others, or (b) suffer substantial emotional distress. As used in this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils threatens or communicates to or about a person, or interferes with a person’s property; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a person under similar circumstances and with similar identities to the victim. Title IX Coordinator - The person designated as such by the University’s president or the person temporarily designated by the Title IX Coordinator to serve in that capacity during the Title IX Coordinator’s incapacity or absence from the University’s campus. 6. Reporting Policies and Protocols The University encourages victims of sexual misconduct to talk to somebody about what happened so victims can get the support they need and so that the University can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality: Some are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.” Other employees may talk to a victim in confidence, and generally only report to the University that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a University investigation into an incident against the victim’s wishes. Thirdly, some employees are required to report all of the details of an incident (including the identities of both the victim and the Respondent) to the Title IX Coordinator. A report to these employees (called “responsible employees”) constitutes a report to the University - and generally obligates the University to investigate the incident and take appropriate steps to address the situation. This policy is intended to make students and their parents, if appropriate, aware of the various reporting and confidential policies available to them - so they can make informed choices about 2015-2016 Wheeling Jesuit University Student Handbook P a g e 67 where to turn should they become a victim of sexual misconduct and so they will know how to report any problems relating to retaliation which may subsequently arise. The University encourages victims to talk to someone identified in one or more of these groups. a. Reporting Required – All responsible employees must be aware of their own reporting responsibilities and the importance of informing complainants of (a) the reporting requirements of responsible employees, (b) complainants’ option to request confidentiality and available confidential advocacy, counseling, or other support service, and (c) complainants’ right to file a Title IX complaint with the University and to report a crime to campus or local law enforcement. All responsible employees shall report incidents of sexual misconduct to the Title IX Coordinator, subject to the exemption for the University’s counseling employees. All other employees shall respond to reports of sexual misconduct by notifying a responsible employee of the information pertaining to the incident of sexual misconduct. The University shall take the following steps to ensure that a student understands an employee’s reporting obligation before the student reveals any information to that employee: 1. Training responsible employees annually so that they will make appropriate disclosures of their reporting obligations. 2. Making disclosure checklists available to responsible employees. 3. Offering an annual student awareness campaign. b. Responsible Employees - Responsible employees shall report to the Title IX Coordinator all relevant details about the alleged sexual misconduct that the student or other person has shared and that the University will need to determine what occurred and to resolve the situation. Before a student reveals information that the student wishes to keep confidential, a responsible employee, including a resident advisor, should make effort to ensure that the student understands: (a) the responsible employee's obligation to report the names of the Respondent and student involved in the alleged sexual misconduct, as well as relevant facts regarding the alleged incident to the Title IX Coordinator or other appropriate University officials, (b) the student's option to request that the University maintain the student's confidentiality which the University will consider, and (c) the student's ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services. Resident advisors and all responsible employees shall report the names of the Respondent (if known), the student who experienced the alleged sexual misconduct, other students involved in the alleged sexual misconduct, as well as relevant facts, including the date, time and location to the Title IX Coordinator. A responsible employee, including a resident advisor, prior to providing information about the incident to the Title IX Coordinator, shall consult with the student about how to protect his or her safety and the details of what will be shared with the Title IX Coordinator. Responsible employees do not need to determine whether the alleged sexual harassment or sexual misconduct actually occurred or that a hostile environment has been created before reporting an incident to the Title IX Coordinator. c. Requests for Confidentiality - Upon receipt of a complaint of sexual misconduct, the University must act immediately to protect the complainant while keeping the identity of the complainant confidential. The Title IX Coordinator and other appropriate University personnel shall determine, consistent with state and local law, whether appropriate law enforcement or other authorities should be notified. The Title IX Coordinator shall evaluate student requests for confidentiality and shall determine when such requests shall be honored. If the University has a 2015-2016 Wheeling Jesuit University Student Handbook P a g e 68 sexual assault response coordinator, the Title IX Coordinator shall be consulted in evaluating requests for confidentiality. The Title IX Coordinator shall make every effort to respect requests for confidentiality. In considering a student's request for confidentiality that would preclude a meaningful investigation or potential discipline of the Respondent, the Title IX Coordinator shall consider an evaluation of circumstances that suggest there is an increased risk of the Respondent committing additional acts of sexual misconduct or other misconduct, such as: (a) whether there have been other sexual misconduct complaints about the same Respondent, (b) whether the Respondent has a history of arrests or records from a prior University indicated a history of violence, (c) whether the Respondent threatened further sexual violence or other violence against the student or others, (d) whether the sexual violence was committed by multiple Respondents, (e) whether the student's report reveals a pattern of perpetration at a given location or by a particular group, (f) whether the violence was perpetrated with a weapon, (h) the age of the student subjected to sexual violence, and (i) whether the University possesses other means to obtain relevant evidence. The Title IX Coordinator shall evaluate confidentiality requests in the context of the University’s responsibility to provide a safe and nondiscriminatory environment for all students. The University shall inform the student that the student's request that the student's name not be released to the Respondent or asks that the University not investigate or seek action against the Respondent may limit the University's ability to fully respond to the incident, including pursuing disciplinary action against the Respondent. A responsible employee, including a resident advisor, shall explain to the student that reporting the student's information to the Title IX Coordinator does not necessarily mean that a formal complaint or investigation under the University's Title IX grievance procedure must be initiated if the student requests confidentiality. All information reported in connection with an alleged sexual misconduct incident shall be maintained in a secure manner. All University employees shall only disclose information regarding alleged incidents of sexual misconduct to individuals who are responsible for handling the University’s response. All University employees shall notify students of the information that will be disclosed, to whom it will be disclosed and why the disclosure is being made. In the event the complainant requests that the University inform the Respondent that the student asked the University not to investigate or seek discipline, the University shall honor this request and inform the Respondent that the University made the decision to go forward. In the event the University determines that it can respect the student’s request for confidentiality, the University shall take all reasonable steps to respond to the complaint consistent with the request and to determine what interim measures are appropriate or necessary. In the event the University determines it must disclose the complainant’s identity to a Respondent, the University shall inform the complainant prior to making the disclosure. d. Reporting Options - Students may use any combination of the following options to report sexual misconduct: 1. Criminal Complaint - Criminal complaints are filed with local law enforcement officials and the University is not involved in that process. Criminal complaints can be filed with the following agencies: Agency & Contact Information: Ohio County Sheriff’s Office 51 16th Street, Wheeling WV 26003 304-234-3680 Agency & Contact Information: Wheeling Police Department 1600 Chapline Street Wheeling WV 26003 304-234-3664 2015-2016 Wheeling Jesuit University Student Handbook P a g e 69 2. Institutional Complaint - Institutional complaints are filed with the University, and upon receipt of the complaint, the University will initiate an investigation by the University in accordance with this policy. Institutional complaints may be filed with the Title IX Coordinator. The Title IX Coordinator’s name and contact information are: Deborah Wilkinson ASC – 214B 304-243-2264 [email protected] Institutional complaints can also be filed with the following offices: Office & Contact Information: Dean of Student Development Swint Hall, Suite 209 316 Washington Ave Wheeling, WV 26003 304-243-2350 Office & Contact Information: Director of Athletics McDonough Center 316 Washington Ave Wheeling, WV 26003 304-243-2365 3. Report to Responsible Employee - Reports made to responsible employees, including resident advisors are required by federal law to be relayed to the University’s Title IX Coordinator and will initiate an investigation by the University in accordance with this policy. Responsible employees are identified in Section 5. Responsible employees can be found around campus. The Title IX Coordinator is a responsible employee. You can report sexual misconduct to any responsible employee. 4. Privileged and Confidential Reporting - Either as an alternative to the reporting options listed above or in lieu of reporting sexual misconduct to the individuals or offices listed above, students may make privileged and confidential reports of sexual misconduct to certain health or mental health providers or to certain pastoral counselors. While criminal complaints, institutional complaints, and reports to responsible employees will result in the initiation of an investigation, reports to health or mental health providers or to certain pastoral counselors are privileged and will remain confidential so long as the student filing the report does not represent a threat to his or her self or to others. Privileged and confidential reports may be made to: On Campus Health Provider and Contact Information: Health Center Swint Hall, Suite 208 316 Washington, Ave Wheeling, WV 26003 304-243-2275 Off Campus Health Provider and Contact Information: OVMC ER Wheeling Hospital ER 2000 Eoff Street 1 Medical Park Wheeling, WV 26003 Wheeling, WV 26003 304-234-8888 304-243-3000 On Campus Mental Health Care Provider and Contact Information: WJU Counseling Center Paul Bellotte, LPC 2015-2016 Wheeling Jesuit University Student Handbook P a g e 70 101 Whelan Hall 316 Washington Ave Wheeling, WV 26003 304.243.2081 Off Campus Mental Health Care Provider and Contact Information: OVMC/Hillcrest Behavior Health Services 2101 Jacob Street #501 Wheeling WV 26003 304-234-8517 24/7 Inquiry Line 304-234-8887 On Campus Pastoral Counselor and Contact Information: Fr. Hadi Sasmita, S.J./Campus Ministries Office Chapel, Suite 007 316 Washington Ave Wheeling, WV 26003 304-243-2385 Off Campus Pastoral Counselor and Contact Information: Sharon Goudy/Office of Safe Environment Diocesan Pastoral Care 1300 Byron Street Wheeling, WV 26003 304-233-0880 Reports of sexual misconduct may be made by third-parties (individuals who were not the victim or respondent) or anonymously to: Title IX Coordinator- Deborah Wilkinson. Requests for amnesty from drug, alcohol, and other student conduct policies should be directed to the Title IX Coordinator who shall consider the request and make a recommendation to the President if the Title IX Coordinator believes the request should be approved in order to further the objectives of Title IX. The President may approve or disapprove the request after considering all of the University’s interests. e. Reporting under the Clery Act - The University has various reporting obligations under the Clery Act which promotes campus safety by ensuring that students, employees, parents and the broader community are well-informed about important public safety and crime prevention matters. Details about the University’s reporting obligations under Clery may be obtained at: https://www.notalone.gov/assets/ferpa-clerychart.pdf. Depending on the circumstances, the Clery Act may also require the University to issue timely warnings to the campus community about crimes that have already occurred but may continue to pose a serious or ongoing threat to students and employees. Certain Campus Security Authorities (CSAs) are required to report information gathered during the investigation of criminal activity. These CSAs include campus law enforcement officers, non-law enforcement campus security officers, and local law enforcement officers. These CSAs will typically be required to document incidents in a fashion that contains personally identifiable information about the parties involved and witnesses. Other CSAs, such as University officials, are not typically required to report personally identifiable information. 7. Investigation Procedures and Protocols The University shall process all complaints of sexual misconduct, regardless of where the conduct occurred, to determine whether the conduct occurred in the context of an education program 2015-2016 Wheeling Jesuit University Student Handbook P a g e 71 or activity or had continuing effects on campus or in an off-campus education program or activity. The University shall determine whether any alleged off-campus sexual misconduct occurred in the context of an education program or activity of the University. If the off-campus misconduct occurred in the context of an education program or activity of the University, the University shall treat the complaint in the same manner that treats complaints regarding on-campus conduct. Once the University is on notice of an allegation of off-campus sexual misconduct against a student, the University shall assess whether there are any continuing effects on campus or in an off-campus education program or activity that are creating or contributing to a hostile environment and, if so, the University shall address the hostile environment in the same manner in which it would address a hostile environment created by on-campus misconduct. Since there may be continuing effects of offcampus sexual misconduct while at University or in an off-campus education program or activity, if the off-campus sexual misconduct did not occur in the context of an education program or activity of the University, the University shall consider the effects of the off-campus misconduct when evaluating whether there is a hostile environment on campus or in an off-campus education program or activity. The Title IX Coordinator or an individual designated by the Title IX Coordinator shall conduct the investigation of any complaint of sexual misconduct under this policy. An investigation may entail interviews with witnesses, a review of any documentary or electronic evidence, a review of medical evidence, a review of campus security data, or a review of any other material which the investigator deems relevant to an assessment of the facts surrounding the complaint. As soon after the initiation of the investigation as possible, the Title IX Coordinator or the designated investigator shall notify all University employees or students who are believed to have documentary, electronic, or tangible evidence to preserve such evidence for the investigation. The investigation shall provide the respondent and the complainant with equitable rights during the investigation. The University will endeavor to complete investigations and resolve complaints within sixty (60) days of the date on which the complaint was received, but the University’s primary objective is a thorough investigation. Thus, if the Title IX Coordinator believes additional time beyond sixty days is necessary to complete a thorough investigation, the Title IX Coordinator shall advise the President of such information in writing and request an extension of time for the investigation, and such extensions shall be approved whenever the President believes an extension is warranted. The University shall coordinate its Title IX investigation with any other ongoing University or criminal investigation of the incident and establish appropriate fact-finding roles for each investigator. The following information may be shared with law enforcement during a parallel investigation: All public information associated with the report or incidents. Clinical records when appropriate per FERPA and ACA Code of Ethics. The following information may not be shared with law enforcement during a parallel investigation: Clinical records when not appropriate per FERPA or the ACA Code of Ethics. The University shall consider whether information can be shared among the investigators so that complainants are not unnecessarily required to give multiple statements about a traumatic event. The University should not wait for the conclusion of a criminal investigation or criminal proceeding to begin its own Title IX investigation. If the fact-finding portion of the University’s Title IX investigation is suspended due to the existence of a criminal investigation, the University’s fact-finding portion of the Title IX investigation shall resume promptly once law enforcement officials have completed their evidence-gathering state of the criminal investigation. The University shall periodically update the parties on the status of the investigation and inform the parties when the University resumes its Title IX investigation following any delay associated with a criminal investigation. The University shall immediately investigate any possible retaliation against the complainant, including threats, intimidation, coercion, or discrimination. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 72 8. Grievance/Adjudication Procedures The University has jurisdiction over Title IX complaints. The University shall adopt and publish grievance procedures for the prompt and equitable resolution of discrimination complaints, including harassment complaints, filed by students against University employees, other students and third parties, which shall: Provide notice to students and employees of the grievance procedures, including where complaints may be filed. Explain generally the grievance/adjudication process. Ensure that hearings are conducted in a manner that does not inflict additional emotional trauma on the complainant. Explain the possible results of the adjudication process, including sanctions, remedies/accommodations for the victim, and additional remedies for the University community. Explain that mediation is never appropriate in sexual misconduct cases. Notify the complainant of the right to end the informal process at any time and to begin the formal stage of the complaint process, if voluntary informal mechanisms for resolving some types of sexual harassment complaints are provided. Provide for the application of the procedure to complaints filed by students or on their behalf alleging sexual misconduct carried out by employees, other students, or third parties. Provide for adequate, reliable, and impartial investigation of complaints, including the opportunity for both the complainant and the Respondent to present witnesses and evidence. Designate reasonably prompt time frames for the major stages of the complaint process. Provide for simultaneous written notice to the complainant and the Respondent of the outcome of the complaint and any appeal. Provide assurance that the University will take steps to prevent the recurrence of any sexual misconduct and remedy discriminatory effects on the complainant and others, if appropriate. Provide adequate definitions of “sexual harassment” and an explanation as to when such conduct creates a hostile environment. Include reporting policies and protocols, including provisions for confidential reporting. Identify the employee or employees responsible for evaluating requests for confidentiality. Provide notice that Title IX prohibits retaliation. Provide notice of a student’s right to file a criminal complaint and a Title IX complaint simultaneously. Provide notice of available interim measures that may be taken to protect the student in the educational setting. State the evidentiary standard that must be used (preponderance of the evidence) in resolving a complaint. Provide notice of the potential remedies for students. Provide notice of the potential sanctions or protective measures which may be imposed against the respondents, including, specifically, the sanctions regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. Provide sources of counseling, advocacy and support. Provide for the extension of all rights given to the Respondent to the complainant. Provide notice of hearing(s) to both parties. Identify a process by which either party may raise issues related to potential conflicts of interest of the adjudicators. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 73 Identify the trained individuals who will determine whether the alleged sexual misconduct occurred and the individuals who will determine the sanction. Provide for all proceedings to provide a prompt, fair, and impartial investigation and resolution. Provide for all proceedings to be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. Provide an equal opportunity for the parties to present relevant witnesses and other evidence. Provide the parties with similar and timely access to any information that will be used at the hearing. Provide a description of the types of evidence that may or may not be presented. Provide an equal opportunity for the parties to be represented by counsel. Impose equal restrictions on the ability of lawyers or other advisors to speak or otherwise participate in the proceedings. Identify the persons who may attend and/or participate in the adjudication process and the extent of their participation. Provide an equal opportunity for the parties to present expert testimony. Provide an equal opportunity for the parties to appeal. Require the same type of review be applied on appeal, regardless of which party files the appeal. Describe the appellate procedures, grounds for appeal, the person/entity that will decide appeals, and the applicable reasonably prompt time frames for appeal. Include a statement that the University will not require a party to abide by a nondisclosure agreement, in writing or otherwise that would prevent the redisclosure of information relating to the outcome of the proceeding. Provide an equal opportunity for the parties to be present at the hearing. Permit the hearing to proceed if the complainant is not present. Provide the parties with an equal opportunity to cross-examine witnesses. Provide a description of alternative methods that preclude the respondent from personally cross-examining the complainant. Require the University to notify both parties in writing about the outcome of the complaint. Require the University to notify both parties in writing if there is any change to the results of the hearing that occurs prior to the time that such results become final. Require the University to notify both parties in writing when such results become final. Require the University to notify the complainant as to whether or not it found that the alleged conduct occurred, any individual remedies offered or provided to the complainant or any sanctions imposed on the Respondent that directly relate to the complainant, and other steps the University has taken to eliminate the hostile environment, if the University finds one to exist, and prevent recurrence. Prohibit questioning about the complainant’s sexual history with anyone other than the Respondent. Acknowledge that the mere fact of a current or previous consensual dating or sexual relationship between the two parties does not itself imply consent or preclude a finding of sexual misconduct. Prohibit University officials from notifying the Respondent of the individual remedies offered or provided to the complainant. Require the University to offer the complainant all services needed to remedy the hostile environment on an interim basis. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 74 Require the University to offer the complainant all services needed as a final remedy to the hostile environment, even if the complainant declined the service as part of an interim measure. Require the University to consider remedies for the broad student population whenever the University is unable to conduct a full investigation. Require the University to take steps to provide appropriate remedies for the complainant and the broader student population when the Respondent is not affiliated with the University. If the University uses its student disciplinary procedures to meet its Title IX obligations to resolve complaints of sexual misconduct promptly and equitably, require the University to assess whether imposing sanctions against the Respondent, without additional remedies, will be sufficient to eliminate the hostile environment, prevent recurrence, and remedy effects as required by Title IX. The University shall continue to protect the complainant after a determination that sexual misconduct has occurred. The University’s Grievance Procedure, consistent with these requirements, is attached as Exhibit “A”. 9. Prevention and Education This policy shall be accessible to students and employees with disabilities. This policy, reporting forms, information and training shall be accessible to students who are English language learners. This policy shall be distributed on campus in such a way that all students, regardless of their immigration status, including undocumented students and international students, are aware of their rights under Title IX. Title IX prohibits retaliation against the complainant, anyone who files a third-party report, any witness or anyone who otherwise participates in the investigative and/or disciplinary process, and the University will take steps to prevent retaliation and strong responsive action if it occurs, including any retaliatory actions by University officials. The University must routinely take steps to inform students that the University’s primary concern is student safety and that the use of alcohol and drugs never makes the survivor at fault for sexual misconduct. a. Resident Advisors - As noted above, RAs are responsible employees. As such, RAs shall explain to the student (before the student reveals confidential information) that although the RA must report the names of the respondent and the complainant and other relevant facts to the Title IX Coordinator or other designated University officials, the University will protect the student’s confidentiality to the greatest extent possible. RAs shall provide students with information regarding on-campus resources, including victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, legal assistance, and the local rape crisis center or other off-campus resources. b. Sexual Misconduct and Prevention Program - The University’s sexual misconduct and prevention program (SMPP) shall clearly identify the offices or individual with whom students can speak confidentially. The SMPP shall clearly identify the offices or individuals who can provide resources such as victim advocacy, housing assistance, academic support, counseling disability services, health and mental health services, and legal assistance. The SMPP shall identify the University’s responsible employees. The SMPP shall explain that, if students report incidents to responsible employees, these employees are required to report the incident to the Title IX Coordinator or other appropriate official, including the names of the Respondent and student 2015-2016 Wheeling Jesuit University Student Handbook P a g e 75 involved in the sexual misconduct, the date, time, and location. The University’s approach to prevention, including the type and frequency of prevention programming and education/outreach activities, shall consist of, but not be limited to: Program/Activity Freshman Orientation Training RA Training Think-About-It Annual Faculty, Staff and Administration Training Description Sexual Misconduct Prevention Program Reporting obligations and Sexual Misconduct Policies of the University Describe sexual misconduct policy on campus At the beginning of each academic year, there is a review of the University’s sexual misconduct policy. Frequency For freshmen during fall orientation Annual Annual Annual c. Bystander Intervention - The University shall utilize bystander intervention as a tool to prevent sexual misconduct. In implementing the bystander-focused prevention methods, the University shall implement the common components of bystander intervention and delivery methods found at: https://www.notalone.gov/assets/bystander-summary.pdf. d. Campus Assessments – The University shall conduct an annual climate survey in accordance with the guidelines found at: https://www.notalone.gov/assets/ovw-climate-survey.pdf. In addition, the University shall aggregate data about sexual misconduct incidents from nonprofessional counselors or advocates in the University’s on-campus sexual assault centers, women’s centers, or health centers in order to identify patterns or systemic problems related to sexual misconduct. e. Educating Students - The University shall conduct programs to educate students about the University’s sexual misconduct policy at least one time during each calendar year. At sexual misconduct awareness events, the University shall provide information on (a) Title IX, (b) how to file a Title IX complaint with the University, (c) resources available to sexual misconduct victims such as counseling, mental health and health services, and (d) options for reporting an incident of sexual misconduct to campus or local law enforcement. The University shall provide education programs to promote the awareness of rape, acquaintance rape, domestic violence, sexual assault, and stalking, which shall include: 1. primary prevention and awareness programs for all incoming students and new employees, which shall include (a) a statement that the University prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; (b) the definition of domestic violence, dating violence, sexual assault, and stalking in the state of West Virginia; (c) the definition of consent, in reference to sexual activity, in the state of West Virginia; 2015-2016 Wheeling Jesuit University Student Handbook P a g e 76 (d) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; (e) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; (f) information described in 20 U.S.C. 1092(f)(8)(B)(ii) through (vii); and 2. ongoing prevention and awareness campaigns for students and faculty, including the information described in clauses (a) through (f) of subparagraph 1. above. 10. Training In all forms of training, the University shall establish methods for verifying that the training was effective. a. Student Training - The University shall provide the following training for students: Encouragement to report incidents of sexual misconduct. How to report sexual misconduct to campus or local law enforcement and the ability to pursue law enforcement proceedings simultaneously with a Title IX grievance. General information on Title IX. What constitutes sexual misconduct under the University’s policies. The University’s definition of consent as applicable to sexual conduct, including examples. How the University analyzes whether unwelcome sexual conduct creates a hostile environment. Available reporting options, including formal reporting and confidential disclosure options and any timeframes set by the University for reporting. Places where students can seek confidential support services. Grievance procedures used to process sexual misconduct complaints. Disciplinary code provisions relating to sexual misconduct and the consequences of violating those provisions. Effects of trauma, including neurobiological changes. The role alcohol and drugs often play in sexual misconduct incidents, including the deliberate use of alcohol and/or other drugs to perpetuate sexual misconduct. Strategies and skills for bystanders to intervene to prevent possible sexual misconduct. Title IX’s protections against retaliation. Persons on campus to whom students can confidentially report incidents of sexual misconduct. An explanation that students do not need to determine whether incidents of sexual misconduct or other sexual harassment created a hostile environment before reporting the incident. With regard to all training directed toward students, the University shall consider educational methods that are most likely to help students retain information when designing its training, including repeating the training at regular intervals. b. Resident Advisers Training - The University shall provide the following training for Resident Advisers: Places where students can seek confidential support services. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 77 Information about local rape crisis centers or other off-campus resources so that RAs can provide this information to students. c. Faculty and Staff Training - The University shall provide training on a regular basis, even if employees have prior relevant experience in sexual misconduct, to all employees likely to witness or receive reports of sexual harassment and violence, including faculty, University law enforcement unit employees, University administrators, University counselors, general counsels, athletic coaches, health personnel and RAs. The University shall determine how training should be conducted, who has the relevant expertise to conduct the training, and who should receive the training to ensure that the training adequately prepares employees, particularly responsible employees, to fulfill their duties under Title IX. Employees who work with international students shall be trained on the University’s sexual misconduct policies. The University requires (a) training or experience in handling sexual misconduct complaints and (b) training in the operation of the University’s grievance procedures for the Title IX Coordinator, others who receive complaints, investigators, and adjudicators. The University shall provide the following training for faculty and staff: Practical information about (a) how to prevent and identify sexual misconduct, including same-sex sexual violence. (b) the behaviors that may lead to and result in sexual misconduct; (c) the attitudes of bystanders that may allow conduct to continue; (d) the potential for revictimization by responders and its effect on students; (e) appropriate methods for responding to a student who may have experienced sexual misconduct, including the use of nonjudgmental language; (f) the impact of trauma on victims; and (g) the person(s) to whom such misconduct must be reported. Training to explain responsible employees' reporting obligation, including what should be included in a report and any consequences for the failure to report and the procedure for responding to students' requests for confidentiality, as well as provide the contact information for the University's Title IX Coordinator. Practical information on how and when to identify and report harassment and/or to appropriate University officials. d. Special Training for Responsible Employees - Responsible employees are those employees defined in Section 5. Responsible employees shall be trained so that they will know how to respond properly to sexual misconduct complaints. The University shall train responsible employees to inform students of: (a) the reporting obligations of responsible employees; (b) students' option to request confidentiality and available confidential advocacy, counseling, or other support services; and (c) their right to file a Title IX complaint with the University and to report a crime to campus or local law enforcement. e. Special Training for Title IX Coordinator and Others Involved in Grievance Procedure - The University shall require training for the Title IX Coordinator, others who receive complaints, investigators, and adjudicators to include information on: (a) working with and interviewing persons subjected to sexual misconduct, including same-sex sexual misconduct; (b) the proper standard of review for sexual misconduct complaints (preponderance of the evidence); (c) information on consent and the role drugs or alcohol can play in the ability to consent; (d) the importance of accountability for individuals found to have committed sexual misconduct; (e) the need for remedial actions for the respondent, complainant, and University community; (f) how to determine credibility; (g) how to evaluate evidence and weigh it in an impartial manner; (h) how to conduct investigations; (i) confidentiality; (j) the effects of trauma, including neurobiological change; and (k) cultural awareness training regarding how sexual misconduct may impact students differently 2015-2016 Wheeling Jesuit University Student Handbook P a g e 78 depending on their cultural backgrounds. All staff involved in the grievance procedure must be trained so that they are capable of providing culturally competent counseling for all complainants. Counselors and other staff who are responsible for receiving and responding to complaints of sexual misconduct, including investigators and hearing board members, shall receive appropriate training about working with LGBT and gender-nonconforming students and same-sex sexual misconduct. Counselors and other staff who are responsible for receiving and responding to complaints of sexual misconduct, including investigators and hearing board members, and others counseling students who have experienced sexual misconduct shall be trained to be aware of the special issues that international students may encounter. Any University officials responsible for discussing safety and confidentiality with students shall be trained on the effects of trauma and the appropriate methods to communicate with students subjected to sexual misconduct. Any individual or body handling appeals shall be trained in the dynamics of and trauma associated with sexual misconduct. f. Special Training for Pastoral and Professional Counselors - The University shall instruct pastoral and professional counselors to inform students: Of their right to file a Title IX complaint with the University and a separate complaint with campus or local law enforcement. That they are available to assist the student in filing such complaints. That Title IX includes protections against retaliation. That University officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs. Pastoral and professional counselors shall be trained to ensure that they understand the extent to which they may keep a report confidential. In addition to receiving the training listed for pastoral and professional counselors, non-professional counselors or advocates shall be trained to report only general information about incidents of sexual misconduct and to avoid disclosing personally identifiable information. Last Update: 11/24/15 2015-2016 Wheeling Jesuit University Student Handbook P a g e 79 LIST OF EXHIBITS “A” - Grievance Procedure 2015-2016 Wheeling Jesuit University Student Handbook P a g e 80 MISSING STUDENT NOTIFICATION POLICY DATE APPROVED: November 2015 DATE TO BE REVIEWED: June 2016 APPROVED BY: Dean of Student Development REVIEWED BY: Dean of Student Development REVISION NUMBER: 1.0 DATE REVISED: COMPLIANCE COMMITTEE: As Scheduled 1.0 PURPOSE The purpose of this policy is to establish procedures for the University's response to reports of missing students, as required by the Higher Education Opportunity act of 2008. This policy applies to students who reside in campus housing. 2.0 POLICY STATEMENT A Wheeling Jesuit University residential student is "determined to be missing" when a missing person report investigation concludes that the student has been absent from the University for a period of 24 hours or longer without any known reason. The Director of Campus Safety & Security, or designee, in conjunction with the Dean of Student Development, or designee, will make the official determination of whether a student is deemed missing. 3.0 PROCEDURE FOR DESIGNATION OF CONFIDENTIAL EMERGENCY CONTACT INFORMATION All residential students have the opportunity annually to identify an individual or individuals to be contacted by the Dean of Student Development not later than 24 hours after the time that the student is determined to be missing in accordance with the procedures set forth below. A designation will remain in effect until changed or revoked by the student. This information is maintained confidentially and will be available only to the Director of Campus Safety & Security, Dean of Student Development and Director of Residence Life. The administration of the University reserves the right to notify the parents of a student under the age of 21 if they are reported missing. For those under the age of 18 and not an emancipated individual, the University is required to notify the emergency contact as well as the custodial parent or guardian no more than 24 hours after the student is determined to be missing. 4.0 PROCEDURE FOR OFFICIAL NOTIFICATON FOR MISSING STUDENTS a. Any concerned person who has information that a residential student may be a missing student must notify the Campus Security Department or Director of 2015-2016 Wheeling Jesuit University Student Handbook P a g e 81 Residence Life as soon as possible so that an official determination may be made about whether or not the student is missing. b. The Campus Security Department and Residence Life Staff will gather all essential information about the residential student from the reporting person and from the student's acquaintances. Appropriate staff will include the residential director on call, the director of residence life, the dean of students and the director of campus security. c. If the above actions are unsuccessful in locating the student in a reasonable time, or it is apparent immediately that the student is a missing person (e.g. witnessed abduction) the student will be determined as a missing student. At this time the Director of Campus Safety and Security or his/her designee will notify the Wheeling Police Department that the University has a missing student. The Dean of Student Development and/or his/her designee will notify the emergency contact of the missing student and the appropriate officials in administration at the University. In addition, the University reserves the right to notify the parents of a student under the age of 21 if they have been determined to be missing. 5.0 AUTHORIZATION 6.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 82 NO RETALIATION POLICY DATE APPROVED: November 2015 DATE TO BE REVIEWED: June 2016 APPROVED BY: Dean of Student Development REVIEWED BY: Dean of Student Development REVISION NUMBER: 1.0 DATE REVISED: COMPLIANCE COMMITTEE: As Scheduled 1.0 POLICY STATEMENT The University prohibits retaliation for filing a complaint or participating in an investigation or inquiry. No one shall be subject to any form of reprisal, discrimination, adverse treatment, or retaliation because she/he has acted in good faith to report an incident, file a complaint, or participate in an investigation or inquiry. 2.0 AUTHORIZATION 3.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 83 PARENTAL NOTIFICATION POLICY DATE APPROVED: November 2015 DATE TO BE REVIEWED: June 2016 APPROVED BY: Dean of Student Development REVIEWED BY: Dean of Student Development REVISION NUMBER: 1.0 DATE REVISED: COMPLIANCE COMMITTEE: As Scheduled 1.0 PURPOSE Wheeling Jesuit University recognizes the importance of students' parents and families. We understand that parents often play a central role in the moral and ethical development of their college students; we hope to work with parents as partners in this essential enterprise. We also recognize that students have specific rights and expectations in terms of their privacy and in accord with federal FERPA regulations. 2.0 POLICY STATEMENT The Dean of Student Development, or his/her designee, reserves the right in his/her sole and absolute discretion to notify a parent or legal guardian without a student's consent, under the following unique circumstances: a. Students under the age of 21 have violated the University Alcohol Policy or exhibited drug usage. b. The student requires medical attention as a result of the consumption of alcohol and/or illicit drugs. c. The student harms or threatens to harm him/herself, other persons, or property. This includes students aged 21 and over who exhibit problematic behavior pertaining to alcohol and/or other drug usage. d. The student is taken into custody by law enforcement officials or charged for allegedly violating a municipal or county ordinance, a law of the State of West Virginia, or a law of the United States. e. The student faces conduct probation, suspension, or expulsion from University housing, the University, or both. f. The student has shown a pattern of behavior or violations indicative of a potential health or safety concern. The Dean of Student Development, and/or his/her designee will notify parents or legal guardians by a telephone call or letter, depending on the situation. Whenever possible, students will be informed that their parents or legal guardians will be contacted. Outside of these unique circumstances, students may be asked to sign or can request to sign a release form that will allow the Dean of Student Development and his/her designee to speak freely with a family member 2015-2016 Wheeling Jesuit University Student Handbook P a g e 84 regarding a students' experience on campus. Signing the release form allows the University to communicate more effectively with parents and/or guardians about matter related to their students' experience. When parents/guardians are notified, contact information (including mailing address and telephone numbers) contained within the University's official data system(s) will be considered viable contact information per this policy; students should keep this contact information updated and current. On occasion, parental/guardian contact information may be obtained from other University resources. 3.0 AUTHORIZATION 4.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 85 POSTING POLICY DATE APPROVED: November 2015 DATE TO BE REVIEWED: June 2016 APPROVED BY: Dean of Student Development REVIEWED BY: Dean of Student Development REVISION NUMBER: 1.0 DATE REVISED: COMPLIANCE COMMITTEE: As Scheduled 1.0 PURPOSE Wheeling Jesuit University offers posting areas throughout campus to promote events and programs of recognized student organizations, University departments, and academic units. This policy ensures that all materials posted on campus are appropriate, and are removed in a timely manner. 2.0 POLICY STATEMENT a. All signs posted on campus must be stamped / approved in Dean of Student Development's office in Swint 209 during regular office hours. The office will only stamp the original BEFORE copies are made. b. Events must be posted on the online events calendar prior to receiving an approval stamp to post the event information on campus. This allows for thorough advertising to the entire WJU community. The Events Calendar is easily assessable via www.wju.edu, then clicking on "Calendar" (bottom left on the main page) c. Student Clubs can post on the online events calendar via their OrgSync Club Account. Other postings can be submitted through the Office of Student Activities via email to [email protected]; be sure to include the name of the event, time, date, location and a brief (1-2 line) description to request an event to be posted. Please allow 24-48 hours for an event to post to the online calendar. d. 14 days is the maximum time a flyer can be posted unless other arrangements are made wth the Office of Student Activities. It is the poster's responsibility to remove outdated posters. e. Advertisements for credit cards or credit applications will not be permitted on campus. f. Any sign posted on windows, doors, elevator doors, or vehicles will be removed immediately. This includes glass walls unless otherwise specified. g. Signs will be posted with masking tape only. Staples, nails, tacks, clear tape, double-sided tape, chewing gum, or any other adhesive may not be used on painted walls. Thumb tacks are available on most bulletin board posting areas. h. Signs posted inside residence halls are monitored by Residence Life staff and must comply with current Residence Life policies. Please contact the Office of 2015-2016 Wheeling Jesuit University Student Handbook P a g e 86 Residence Life in Swint 201, 304-243-2257, or [email protected] for more information. i. All advertisements from outside (off-campus) vendors must receive specific authorization from the Office of Dean of Students and/or his/her designee during regular business hours, 8:30 am - 5:00 pm, Swint 209, 304-243-2350 j. All signs posted on University property without the approved stamp will be removed immediately; such signs from off-campus entities may warrant legal action. 3.0 UNIVERSITY STATEMENT Neither the contents of this policy, nor the receipt of an approval stamp for posting, should in any way be understood as endorsement of support by Wheeling Jesuit University of the materials being posted, or the actual function(s) being advertised. In the interest of public safety, exceptions to this policy may be made by the Dean of Student Development and/or his/her designee as deemed necessary. 4.0 AUTHORIZATION Dean of Student Development 5.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 87 ACADEMIC DISHONESTY & INTEGRITY POLICY DATE APPROVED: November 2015 DATE TO BE REVIEWED: June 2016 APPROVED BY: Dean of Student Development REVIEWED BY: Director of Undergraduate Student Success REVISION NUMBER: 1.0 DATE REVISED: COMPLIANCE COMMITTEE: As Scheduled The academic community at Wheeling Jesuit University prides itself not only on encouraging intellectual growth but also on fostering moral development by maintaining an environment of honesty, trust, and respect. The responsibility to maintain this environment rests with students as well as faculty members. Graduates of Wheeling Jesuit University place a high value on the education and degree they have received, which can be attributed to high standards of excellence and the aforementioned environment of honesty, trust, and respect. Students involved in academic dishonesty are contributing to the breakdown of this system. Failure to fulfill this responsibility can result in: Lack of trust in the student body; Loss of individual self-esteem; Loss of University integrity; Loss of value of a degree. Wheeling Jesuit University recognizes that academic honesty and integrity are fundamental values of the University community. Students who enroll at the University commit to holding themselves and their peers to the high standard of honor required by the Honor Code. The Student Honor Code (adapted by Student Government in spring 2002) states: "We, as unique members of the Wheeling Jesuit University community, strive for constant improvement of ourselves through discipline, honesty, and responsibility. While embodying the values of integrity, accountability, and respect for others, we wish to be instruments of hope, justice, and righteous action." Any individual who becomes aware of a violation of the Honor Code is bound by honor to take corrective action. The quality of a Wheeling Jesuit University education is dependent upon the community acceptance and enforcement of the Honor Code. For more information about academic honesty, contact Academic Affairs, Student Development, or your department chair. Academic Dishonesty Guidelines What is academic integrity? Academic integrity means giving credit where credit is due in an academic setting. It is an ethical 2015-2016 Wheeling Jesuit University Student Handbook P a g e 88 obligation of all people who perform intellectual work, including students, faculty members, and administrators, to preserve the importance of academic integrity. If the source of intellectual work is not cited correctly, then the person who uses that source has engaged in theft of intellectual property. Why is academic integrity important? a. Lack of academic integrity is unfair to you. When you come to the University, you are committing yourself to engagement in learning and growth. If you commit an academic integrity violation, then you have cheated yourself out of important experiences that could change your life. b. Lack of academic integrity is unfair to others. Other students will be disadvantaged if you have access to illicit information because it will diminish the meaning of grades. Grade inflation is detrimental to all students' grades. In addition, it is unfair to future employers and clients: if someone hires you as his/her accountant or nurse, he/she expects you to have the expertise in all areas of that field. You are cheating your employer or client by lacking the skills or knowledge that you claim to possess. c. Lack of academic integrity lowers the reputation of the school. A poor reputation will make Wheeling Jesuit University's degree much less valuable. If grades are inflated because of cheating, then the grades earned will have little meaning to those organizations for which student grades are important. As a result, graduate programs, future employers, and University accreditation boards will question the viability of the school as a place of learning. What constitutes a violation of academic integrity? a. It is unethical to present as your own work the ideas, representations, or work of another. b. In addition, if you permit someone else to present your ideas, representations, or work as his/her own intellectual property, then a violation of academic integrity has occurred. What does "intellectual property" mean? Intellectual property refers to "property (as an idea, invention, or process) that derives from the work of the mind or intellect" (http://www.merriam-webster.com/). In other words, intellectual property refers both to one's original ideas and to the manner in which one represents those ideas. Some concrete examples of intellectual property are: ideas, words, phrases from a document; an individual's interpretation of-or argument about-a particular topic, work, etc.; a student's original contribution to a classroom discussion; a published piece of work; a computer program; images on a web page; an oral presentation; a math problem; a lab report; a clinical assessment; and/or an answer on a test. If you are unsure of the originality of your idea or concept, consult your instructor for clarification and/or proper citation. To what do the phrases "academic assignments" and "evaluation" refer? "Academic assignments" and "evaluation" refer to the tools that your instructor may use to measure your intellectual growth and understanding. Examples include-but are not limited topapers, exams, quizzes, and presentations. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 89 What actions constitute a violation of academic integrity under the first definition above? An academic integrity violation under Definition #1 involves the practice of any form of deceit in the proceeding of an academic evaluation. More specifically, if a student depends on the aid of others in a manner either expressly prohibited or not authorized by the instructor in the research, preparation, creation, writing, or publication of work submitted for academic credit or evaluation, the student has committed a violation of academic integrity. Some examples of this type of academic dishonesty include: Using unauthorized "study guides," websites, or databases in the preparation of a paper; Looking over others' exams to see if they have transcribed similar answers; Using devices or referring to materials or sources not authorized by the instructor, including all types of technology (e.g., e-mail, websites, camera phones, or stored information on a calculator); Referring to literal or electronic "cheat sheets" during an exam; Possessing, buying, obtaining, or using a copy of any material intended to be used as an instrument of academic evaluation prior to its administration; Buying papers off the Internet; Asking a student in an earlier class for information on a quiz or assignment that you will take in the same class later that day/week; Submitting the work of another person in a manner that represents the work to be one's own; Allowing one or two people in a group project do all of the work; Presenting as one's own, for academic evaluation, the ideas, representations, or words of another person or persons without customary and proper acknowledgment of sources; Fabricating data from empirical research; Changing data on a lab report in order to demonstrate desired (but not actual) results; Fabricating sources and experts for a paper; Attempting to influence or change one's official academic record (e.g., paying an employee of the Registrar's office to change final grades). What actions constitute a violation of academic integrity under the second definition above? An academic integrity violation under Definition #2 involves active violations of academic integrity on another's behalf. If a student knowingly allows another student to cheat and/or assists another student in the practice of academic dishonesty, both students have violated academic integrity. More specifically, if a student provides aid to others in a manner either expressly prohibited or not authorized by the instructor in the research, preparation, creation, writing, or publication of work submitted for academic credit or evaluation the student has committed a violation of academic integrity. Some examples of this type of academic dishonesty include: Letting someone look over your old paper for a class as he/she prepares a similar paper for his/her class; Allowing someone else to look at your exam to see if he/she has transcribed similar answers; 2015-2016 Wheeling Jesuit University Student Handbook P a g e 90 Providing another student with a literal or electronic "cheat sheet" for an exam; Sending unauthorized content to a student during an exam or in-class assignment via cellular phone, email, etc.; Possessing, selling, obtaining, or giving a copy of any material intended to be used as an instrument of academic evaluation prior to its administration; Selling previously written papers; Sharing information with a student about a quiz or assignment in a class that you attended earlier that day/week; Knowingly permitting your ideas, representations, words, and/or written work to be submitted by another person in a manner that represents that work to be his/her own. What if I reuse part-or all-of my own work from a previous class in order to complete a current assignment? Unless your instructor sanctions this course of action, the act of resubmitting ideas, representations, or written work that has been submitted at any time in any form for credit in another course constitutes a violation of academic integrity. When an instructor expects each student to submit original work for a given academic assignment, it is academically dishonest to present as original content any ideas, representations, and/or written work that have been previously prepared and/or evaluated. What are consequences for violating academic integrity? The sanctions that may be imposed upon finding that an offense related to academic integrity has been committed include: a. Reduction in grade, or assignment of a failing grade, on the paper or examination in which the offense occurred. b. Reduction in grade, or assignment of failing grade, in the course in which the offending paper or examination was submitted. c. Dismissal from the course in which the offense occurred without the opportunity to reenroll in that course at a future date. d. Dismissal from the department in which the student has declared a major, and/or exclusion from courses offered in that department, either permanently or for a stated period of time. e. Placement on academic probation for a specific period of time. f. Prohibition from walking at graduation. g. Suspension from the University for a specific period of time. h. Dismissal from the University without expectation of re-admission. These sanctions may be imposed individually, in whole or in part, or in any combination. Sanctions A and B are within the authority of the individual faculty member to impose, subject to appropriate discussion with the student or students, during which the department chair may or may not be present. Sanctions C and D are under the specific authority of the department chair, in consultation with department faculty and with the concurrence of the Academic Dean and/or his/her designee. Sanctions E, F, G, and H are under the specific authority of the Academic Life Committee and/or the Academic Dean to impose. All violations are reported to the Faculty Academic Integrity Officer, who will keep a record of student violations of academic integrity. Before the faculty member formally notifies the student of the sanction(s), the faculty member 2015-2016 Wheeling Jesuit University Student Handbook P a g e 91 may contact the Faculty Academic Integrity Officer to determine whether this is the student's first academic integrity violation. If the faculty member learns that the student has been guilty of a prior violation, he or she may choose a more severe sanction. In all cases of alleged violations of academic integrity, the student has the right to confidentiality and to a fair hearing of the matters at issue. Consequently, the student will meet with the Faculty Academic Integrity Officer, who will review with the student the concept of academic dishonesty, the sanction(s) imposed by the faculty member, and the process by which a student can appeal the instructor's charge of an academic integrity violation. The student will either accept or appeal the charge. If this is the student's first recorded violation of academic integrity and he/she opts to appeal, the Faculty Academic Integrity Officer brings the case to the Academic Life Committee for discussion and vote. If this is the student's second recorded violation of academic integrity, the Faculty Academic Integrity Officer automatically brings the case to the Academic Life Committee, regardless of the student's decision to accept or appeal the charge. If the Committee determines that the student has committed a second violation of academic integrity, the Committee may impose sanctions E, F, G and/or H in addition to the faculty member's original sanction(s). In all appeal cases, both the student and the faculty member bringing the allegation have a right to appear before the Academic Life Committee to make statements about the truth or falsity of charges. Each party may request to bring a relevant member of the WJU community with him/her to the hearing. The chair of the Academic Life Committee approves or denies this request on a case-by-case basis. Having heard all parties, the Committee determines whether or not the student has committed a violation of academic integrity. The Committee's decision is subject to appeal to the Academic Dean, whose hearing of the case and subsequent action is conclusive. In any case involving a violation of academic integrity, the following parties may receive official correspondence about the incident: the student, the faculty member who imposed the initial sanction(s), the Director of Undergraduate Student Success, the student's advisor, the chairperson of the department in which the offense occurred, the chairperson of the department in which the student has declared a major, and the Academic Dean. A record of the student's academic integrity violations will be maintained by the Faculty Academic Integrity Officer for five years after graduation and then destroyed. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 92 HARASSMENT POLICY DATE APPROVED: December 2011 APPROVED BY: William Rickle, SJ DATE TO BE REVIEWED: March 2016 REVIEWED BY: Director of Human Resources DATE REVISED: February 2015 REVISION NUMBER: 4.0 COMPLIANCE COMMITTEE: As Scheduled 1.0 PURPOSE Wheeling Jesuit University is dedicated to fostering the dignity of each person and is committed to providing an environment and workplace that is free from all forms of harassment and discrimination against applicants and employees based upon any legally-recognized basis. 2.0 POLICY STATEMENT 2.1 Prohibited Harassment Wheeling Jesuit will not tolerate any form of harassment, intimidation, ridicule, or insult based upon the following protected classes: Sex Gender Sexual Orientation Race Color Religion National Origin Ancestry Age (40 and above) Disability Familial Status Protected Activity Genetic Information Veteran Status Uniformed Service Member Status 2.2 Definitions a) "Harassment" may take many forms, including verbal (epithets, derogatory comments, or slurs), written, graphic (derogatory posters, photography, cartoons, drawings, or gestures), or physical conduct (assault, unwanted touching, or blocking normal movement) based upon the protected classes noted in 2.1 where such conduct is: a. Sufficiently severe, persistent or pervasive that it affects an individual's ability to perform his / her job functions and/or academic pursuits or creates an intimidating, threatening or abusive work / academic, or extracurricular environment; or 2015-2016 Wheeling Jesuit University Student Handbook P a g e 93 b) c) d) e) b. Has the purpose or effect of substantially or unreasonably interfering with an individual's work, academic, or extracurricular performance; or c. Otherwise adversely affects an individual's employment, academic or extracurricular opportunities; or d. Causes disruption to the University community. "Sexual harassment" may include unwelcome sexual advances, requests for sexual favors, unwanted physical contact, sexual assault, visual displays of degrading sexual images, sexually suggestive conduct, offensive remarks of a sexual nature, derogatory remarks directed toward a person because of his / her sex and other inappropriate conduct of a sexual nature where: a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, instruction, or participation in an activity at the University; or b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or in making academic or educational decisions affecting an individual, such as evaluation or advancement decisions; or c. Such conduct is sufficiently severe, persistent or pervasive that is has the purpose or effect of unreasonably interfering with an individual's work performance, academic performance, living conditions, extracurricular participation or otherwise has the purpose or effect of creating an intimidating, hostile or offensive environment or causes disruption to the University community. "Consensual Relationships" include dating and sexual relationships willingly undertaken by both parties. "Protected Activity" is defined as opposing a practice made unlawful by one of the employment discrimination statutes or filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the applicable statute. "Sexual violence" refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. 2.3 Coverage This policy applies to all individuals employed by the University in any capacity including: non-supervisory personnel, supervisors, managers, directors, and all senior level employees; contractors, consultants, vendors, clients, or temporary employees; others providing services to the University; and visitors to the campus, as well as students and faculty. The coverage area includes the campus itself as well as any place where a University employee works or performs work activities as well as sponsored activities and events both on and off campus, and all satellite work sites. 2.4 Consensual Relationships a) The respect and trust students accord professors, coaches, mentors, club moderators or other employees of the university in a similar capacity, as well as the power 2015-2016 Wheeling Jesuit University Student Handbook P a g e 94 exercised by a University employee in an academic or evaluative role, renders such voluntary consent suspect in light of the power differential that exists. Therefore, sexual and romantic relationships between employees and students are prohibited by the University and can lead to dismissal of the employee. b) The University realizes that situations may arise where consensual relationships develop between consenting employees. Because of the potential for conflicts of interest, exploitation, favoritism and bias, the University prohibits this type of relationship between a supervisor and a subordinate. The individual in the position of greater authority bears the primary burden of accountability and must ensure that he / she does not exercise any supervisory or evaluative functions over the other person in the relationship. When a romantic or sexual relationship exists between a supervisor and a subordinate, the University reserves the right to take appropriate action, in its discretion, to protect the interests of the University, which may include transfer, alternative supervisory or evaluative arrangements or dismissal of both parties. Should the university seek to employ the spouse of a current employee, the two cannot work within the same department and cannot be in a reporting relationship to each other. 2.5 Reporting Responsibility a) Any student or employee who feels that he / she is being harassed should first inform the offending party that the conduct or behavior is unwelcome and / or unappreciated and, second, that the behavior must stop. The student or employee should note the date the individual was so informed and any subsequent instances. If the harassing behavior is severe or pervasive, the employee or student should report the harassment immediately to the appropriate parties to secure personal safety (proceed to b. below). b) If the harassing behavior continues unabated, employees should promptly report the matter to the Human Resource Department; students should promptly report the matter to the Office of Student Development. The individual receiving the report will insure that it reaches the appropriate individual at the Director or Executive level within the respective department / office for prompt investigation. c) Allegations of sexual violence should be reported immediately to the appropriate parties designated in b. above. The University is primarily concerned with the safety of individual students and employees. Consequently, any incidents of sexual violence that may be connected with violations of other University policies (Ex: Drug and Alcohol Policy) will be addressed separately from the alleged violent act since such violations are never an acceptable excuse to commit an alleged violent act. Instances of sexual violence that result in bodily injury or battery should also be reported immediately to campus security and, subsequently, to local law enforcement. 2.6 Complaint Procedure / Investigation a) It is the University's policy to investigate complaints regardless of whether they conform to a particular format or are made in writing. Students and employees are strongly encouraged to report harassment or discriminatory conduct. Students should contact the Office of Student Development with questions about this process; employees should contact the Human Resource Department with questions about this process. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 95 b) Students or employees who wish to file a complaint should access the Harassment Reporting form (located on the HR Website) to assist in prompt, timely, investigations. Individuals may elect to complete the Harassment Reporting form themselves or report the harassment directly to the appropriate party noted in 2.5 (b.) above in a face-to-face meeting. c) The information noted on the Harassment Reporting Form should be completed (by the individual or in conjunction with appropriate party noted in 2.5 (b.) above in a face-to-face meeting), specifying the names of both the individual filing the complaint (Complainant) and individual alleged to have engaged in harassing behavior (Respondent). This information is necessary to initiate an investigation. d) The Director of Human Resources will document, record and evaluate all employee complaints and, if necessary, immediately initiate a formal and impartial investigation. The Dean of Student Development will document, record and evaluate all student complaints and, if necessary, place in the appropriate forum for impartial investigation. While complete confidentiality can never be guaranteed, the University will endeavor to protect confidentiality to the extent possible. Information and records will be treated as "Private / Confidential" per the Information Protection policy. If the complaint is ultimately investigated as a Title IX Complaint, the Complainant and the Respondent will not be brought together and, in all other instances, the University will endeavor to avoid bringing the two parties together. e) Investigations of alleged employee harassment will be carried out per existing University policies and procedures; investigations of alleged student harassment reported to the Office of Student Development will be carried out per the policies and procedures noted within the Student Handbook. f) The University may pursue interim measures during the investigation to protect the complainant. g) If it is determined that harassment has occurred, the University will take immediate and appropriate corrective action. Both the Complainant and the Respondent will be advised in writing of the findings of the investigation and their rights to appeal such findings. 2.7 Findings Every investigation will be closed within sixty (60) days of report date with one of the following: a) No determination of harassment or misconduct can be made; or b) The Respondent engaged in harassment or other prohibited discriminatory conduct. Should the findings be closed as noted in "b", the University will: a. Undertake corrective actions including possible suspension or termination of the Respondent. b. Undertake remedial or protective actions with the Complainant deemed necessary to make the Complainant whole or protect the Complainant from the Respondent. 2.8 Retaliation The University will not tolerate any adverse treatment of or retaliatory actions against any individual who, in good faith, reports harassment or violence, provides information 2015-2016 Wheeling Jesuit University Student Handbook P a g e 96 related to complaints of harassment or violence, or provides information in conjunction with an investigation of harassment, violence or other discriminatory behavior. 2.9 False or Malicious Allegations Any individual who knowingly makes false reports, allegations or accusations of harassment or violence recklessly, in bad faith or with malicious intent will be subject to disciplinary action, up to and including expulsion for students and possible termination for employees. 2.10 External Reporting Unlawful harassment is prohibited by state and federal law. In addition to the internal resources described above, individuals may pursue complaints directly with the government agencies that deal with unlawful harassment and discrimination claims, e.g., the US Equal Opportunity Commission (EEOC), the Office for Civil Rights (OCR) of the US Department of Education, the West Virginia Human Rights Commission and the Virginia Human Rights Council. Contact information for these agencies and information about the time frames for filing external charges are readily available in the internet. A violation of this policy may exist even where the conduct in question does not violate the law. Acts of sexual violence may be criminal in nature and individuals may pursue complaints with local law enforcement in addition to the internal resources described above. Pending the results of an internal investigation, and assuming the alleged sexual violence has not been reported to local law enforcement, the University retains the right to notify local law enforcement of its findings. 3.0 AUTHORIZATION The Director of Human Resources, in conjunction with the President or his designee, has the authority to change or modify this policy at any time, with or without notice, to maintain compliance with regulatory changes and mandates. 4.0 ATTACHMENTS Harassment Complaint Form 2015-2016 Wheeling Jesuit University Student Handbook P a g e 97 INFORMATION TECHNOLOGY POLICIES DATE APPROVED: November 2015 DATE TO BE REVIEWED: June 2016 APPROVED BY: VP of Information Technology REVIEWED BY: Compliance Coordinator/Team REVISION NUMBER: 1.0 DATE REVISED: COMPLIANCE COMMITTEE: As Scheduled 1.0 INTRODUCTION In support of its mission of educational excellence and service to others, Wheeling Jesuit University provides computing resources for faculty, staff, students, administrators, and other authorized individuals. These resources contribute to the work of all members of the University community and therefore must be used with great care. These Acceptable Use Policies are based on a commitment to support the proper and ethical use of computing resources at Wheeling Jesuit University. This commitment is the responsibility of every user. The use of these resources is a privilege normally extended to all individuals on campus, not a right, and inappropriate use may result in a cancellation of those privileges. As a user of these resources, you agree to be subject to the Acceptable Use Policies for Computing Resources at Wheeling Jesuit University. These policies apply to all computer resources provided by the University, including all hardware, software, network components, physical infrastructure, and privately owned computers connected in any way to the campus network to include modems and telnet. The University is not responsible for loss of information from computing misuse, malfunction of computing hardware, malfunction of computing software, or external contamination of data or programs. Users are responsible for backing up copies of their data, files, programs, diskettes, and tapes. The policies in this document are not an exhaustive list. Users are expected to understand the principles underlying these policies and act in accordance with them. Users are also expected to adhere to additional policies based on individual network, system, or department policies. 2.0 BASIC RIGHTS This document is intended to help set the tone for computing and for the use of computing resources at Wheeling Jesuit University: respect for the rights of all users and fair use by all so as to guarantee equal access to all users. The privacy of all users and of all of their files is a fundamental right that should be respected by all. One must never use the computing resources in any way that violates the privacy of others. Clearly defined procedures established to protect user 2015-2016 Wheeling Jesuit University Student Handbook P a g e 98 rights will always be followed as the University maintains the computing systems. Exceptions to these rights can be made on the basis of Section VI. 3.0 USER RESPONSIBILITIES The University provides computing resources to give user's powerful tools to further their academic or administrative endeavors, and/or professional development. 1. Report unauthorized use of your account to the appropriate system administrator. 2. Cooperate with system administrator requests for information about computing activities. 3. Under certain unusual circumstances, a system administrator may access a user's files. See Section VI. 4. Users should take reasonable and appropriate steps to see that all hardware and software license agreements are faithfully executed on any system, network, or server that they operate. 5. Users are responsible for backing up copies of their data, files, programs, diskettes and tapes. 6. Student or class accounts may be deleted after a designated period of time. If a user desires to use information stored in an account after its deletion, it is the user's responsibility to make backups of the information. Contact a system administrator for assistance. 7. Extension of computer privileges beyond the period of direct association with Wheeling Jesuit University must be arranged with the appropriate system administrator. 8. Users are expected to invest time and effort in familiarizing themselves with the equipment and software they will be using through attendance at training workshops and reading of manuals. 9. Users cannot connect servers to the network without prior approval. In general, approved personal servers will be restricted to on-campus use only and will not be accessible from off-campus. 4.0 SYSTEM ADMINISTRATOR RESPONSIBILITIES This document uses the phrase system administrator to refer to any individual authorized by the University to administer a particular network or computing hardware system and/or its system software. A system administrator's use of the University's computing resources is governed by the same policies as any other users computing activity. However, a system administrator has additional responsibilities to the users of the network, site, system, or systems he or she administers: 1. A system administrator manages systems, networks, and servers to provide available software and hardware to users for their University computing. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 99 2. A system administrator is responsible for the security of a system, network, or server. 3. A system administrator must take reasonable and appropriate steps to see that all hardware and software license agreements are faithfully executed on all systems, networks, and servers for which he or she has responsibility. 4. A system administrator must take reasonable precautions to guard against corruption of data or software, or damage to hardware or facilities. 5. A system administrator must treat as confidential, information about, and information stored by, the systems users. 6. A system administrator may find it necessary to suspend or restrict a user's computing privileges during the investigation of a problem. 5.0 MISUSE OF COMPUTING RESOURCES The University characterizes misuse of computing resources and privileges as unethical and unacceptable and as just cause for taking disciplinary action. Additionally, computing resources must be shared among users in an equitable manner. The user may not participate in any behavior that unreasonably interferes with the fair use of computing resources by another. Misuse or unreasonable interference includes, but is not limited to the following: 5.1 Equitable Use 1. 2. 3. 4. 5. 6. 7. Using computer resources for any commercial purpose or personal profit. Printing large jobs during periods of heavy computer use. Printing multiple copies of a document. Printing paper copies when "print preview" on a monitor would suffice. Playing games for recreation or other frivolous activities. Exceeding established disk space, time, or other allocations. Intentionally running programs that attempt to execute endless loops 5.2 Security 1. Attempting to modify or remove computer equipment, software, wiring, or peripherals without proper authorization. 2. Using computing facilities, computer accounts, or computer data for purposes other than those for which they were intended or authorized. 3. Unauthorized accessing, using, copying, modifying, or deleting of files, data, user ids, access rights, usage records, or disk space allocations. 4. Accessing resources for purposes other than those for which the access was originally intended, including inappropriate use of authority or special privileges. 5. Causing computer failure through an intentional attempt to "crash the system" or through the intentional introduction of a program that is intended to subvert a system, such as a worm, virus, Trojan horse, or one that creates a trap door. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 100 6. Use of systems and/or networks in attempts to gain unauthorized access to remote systems. 7. Copying of system files. 8. Any attempts to secure a higher level of privilege on network systems. 5.3 Accounts/Passwords 1. Sharing passwords or acquiring another's password without prior written authorization. If a user does share his/her password with another person, he or she is solely responsible for all actions taken by the other person. 2. Failure to protect one's account from unauthorized use (e.g., leaving one's personal system/terminal logged on but unattended). 3. Applying for a login id under false pretenses 6.0 USER CONFIDENTIALITY AND SYSTEM INTEGRITY A system administrator must protect the integrity of the system entrusted to his or her care and also respect the confidentiality of the information users have stored on the system. However, if a system administrator is a witness to a computing abuse; notices an unusual degradation of service or other aberrant behavior on the system, network, or server for which the system administrator is responsible; or receives a complaint of computing abuse or degradation of service, the administrator should investigate and take steps to maintain the integrity of the system(s). If a system administrator has evidence that leads to a user's computing activity as the probable source of a problem or abuse under investigation, the administrator must weigh the potential danger to the system and its users against the confidentiality of that user's information for investigative purposes. A user may not intercept transmitted information on the network without prior written authorization from an appropriate system administrator: This violation is a serious invasion of another user's privacy. The University respects the right to privacy of all users and endeavors to do all in its power to maintain that right. Users should be aware that sometimes, in the course of system maintenance, transmissions are tracked, but the contents are not read. Users should also be aware that unauthorized users of the system, or authorized users suspected of violating system integrity, are not afforded this same protection from invasion of their privacy. This means the University can and will read transmissions under these circumstances to maintain the integrity and security of the computer resources for all authorized users. 7.0 OFF-CAMPUS NETWORK USE 1. Services provided to off-campus users are much more limited than those on campus. 2. It is recommended that off-campus users use a commercial Internet service provider. 3. Off-campus access is provided for academic or administrative endeavors, and/or professional development only. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 101 4. To assure equitable access to all users, modem use may be restricted in terms of both time duration and frequency of use. 5. Authorized users are totally responsible for all off-campus use of their accounts. 6. Additional security measures may be in place to monitor modem use. For example, all dial-up logins are logged. 7. It is the user's responsibility to determine the accessibility of systems on campus and the procedures for accessing those systems. In other words, it is the users responsibility to request off-campus access. 8.0 INTERNET ACCESS 8.1 Internet Use 1. Users may not use the Internet for illegal purposes or for unauthorized access to systems, software, or data. 2. Users may not use the Internet for commercial or personal profit, or for distribution of unsolicited marketing, advertising, or personnel recruiting materials. 3. Users are prohibited from using WJU technology resources for any unethical purposes, including but not limited to plagiarism, pornography, violence, gambling, racism, harassment, or any illegal activity. 4. No University user may provide another individual or organization with access to the University network or the Internet without the express permission of a Wheeling Jesuit University system administrator. 5. Traffic exiting the campus network to the NSFnet backbone or SURAnet is governed by the policies of those networks in addition to the University policies, i.e. users connecting to external networks must abide by the policies of those networks. 6. IP addresses are licensed to the University, a user may not change a computer's IP address or use a different IP address without the permission of a system administrator. 7. Personal servers cannot be attached to the network without prior approval. 8.2 WEB Pages 1. The University will not support personal WEB pages. 2. Individual departments can allow professional personal home pages. These professional pages will be governed by University and departmental policies. 3. All home pages are treated as University publications and must be approved by the appropriate publications department. 9.0 GUIDELINES FOR USING E-MAIL Wheeling Jesuit University is pleased to offer fast, reliable, efficient e-mail systems to all members of the University community for the purpose of carrying out instruction, research, and 2015-2016 Wheeling Jesuit University Student Handbook P a g e 102 administrative communications. All electronic communication systems and all communications and information transmitted by, received from, or stored in these systems are the property of Wheeling Jesuit University. These resources contribute to the work of all individuals on campus and must, therefore, be used with great care. The campus e-mail systems are primarily for University business and academic use. In that spirit, any inappropriate or illegal use of the system may be considered an offense that could lead to disciplinary action or termination. Users of campus e-mail are required to abide by the following guidelines: 1. Global mailings to multiple recipients should refer to WJU related activities only. Originating or forwarding unsolicited junk e-mail, Aforprofit@ messages, chain letters, jokes, virus hoaxes, or non-WJU sponsored advertisements are not permitted. All virus warnings received should be forwarded to the appropriate computer support department. 2. WJU e-mail systems may be used for brief personal messages. Users should have no expectation of privacy in connection with the use of WJU e-mail systems and do so at their own risk. 3. E-mail accounts are given for the specific use of the individual to whom they are assigned. Users have the responsibility to safeguard their accounts with a confidential password known only to themselves. 4. Misuse of e-mail may also include, but is not limited to the following: 1. Sending fraudulent, harassing, annoying, disparaging, vulgar, or obscene messages. 2. - Breaking into another user=s e-mail account or reading someone else=s e-mail without permission. 3. Forwarding potentially offensive messages that originated outside the campus to employees/students inside the campus. 4. Intentionally obscuring or forging of the date, time, physical source, logical source, or other header information of an e-mail message. 5. Harassing or threatening other users or interfering with their access to the University=s computing facilities. 6. Use of an e-mail account to participate in a non-academic or nonwork related mailing list. Policy on Sending an E-mail to all WJU students Global or mass e-mails to all WJU students are permitted from the following university offices only: University Registrar Dean of Student Development Chief Academic Officer 2015-2016 Wheeling Jesuit University Student Handbook P a g e 103 In the event that an e-mail is sent to all students, the all-student address must be used in the BCC (Blind Carbon Copy) field. 10.0 PENALTIES/RESPONSE TO VIOLATIONS Users of computing resources at Wheeling Jesuit University are responsible for respecting and adhering to University policies and to local, state, and federal laws. All policies of this University as stated in the Student, Faculty, and Administrative handbooks apply to the electronic medium. Failure to adhere to these policies, or a violation of an external network's policy, can result in the suspension of computing privileges, disciplinary actions and prosecution under state and federal laws where applicable. Any employee found to have violated any technology policy may be subject to disciplinary action, up to and including termination of employment. Any student found t9o have violated any technology policy may be subject to disciplinary action, up to and including suspension or expulsion from the University. University sanctions are imposed by the appropriate University authority and may include reimbursement to the University for the computing and personnel charges incurred in detecting and proving the violation as well as from the violation itself. Reimbursement may include compensation for staff work time related to the violation and for archiving information related to the incident. The usual rights and privileges of appeal apply. 11.0 GLOSSARY ACCESS - permission to use a WJU computing resource in accordance with the Acceptable Use Policies for Computing Resources at Wheeling Jesuit University COMMERCIAL PURPOSE - a goal or end involving the buying and/or selling of goods or services for the purpose of making a profit COMPUTER ACCOUNT - the combination of a user name, user id, or login id and a password that allows an individual access to a shared computer or the university network COMPUTER RESOURCE - any computing/network equipment, facility, or service made available to users by Wheeling Jesuit University DISK SPACE ALLOCATION - the amount of disk storage space assigned to a particular user by the appropriate system administrator HOST - a computer system on a network INTERNET - the network of networks that run the TCP/IP protocol (formerly the Department of Defense transport protocol) 2015-2016 Wheeling Jesuit University Student Handbook P a g e 104 IP ADDRESS - a 32-bit address assigned to hosts (computers) on a network, this address is written a four octets separated with periods - dotted decimal format LOGIN-ID - same as USER ID, a character string that uniquely identifies a particular user to a WJU computing resource NETWORK - a group of computers and peripherals that share information electronically, typically connected to each other by cable NSFnet - National Science Foundation network PASSWORD - a string of characters that a user must supply to meet security requirements before gaining access to a particular computing resource PERIPHERAL - special purpose devices attached to a computer or computer network - for example, printers, scanners, plotters, etc. REMOTE SYSTEMS - any computing/network equipment, facility, or service not part of, but connected with, WJU computing resources via a communications network SERVER - a computer that provides some service to other computers on a network. A server is intended to handle MULTIPLE USERS on the network, through multiple login accounts, Web server sofware, or through telnet and ftp. SOFTWARE LICENSE AGREEMENT - a legal agreement with a software manufactured which stipulates the manner in which software can be installed and the number of copies that may be used SURAnet - Southeastern Universities Research Association network, a network connecting hosts in 12 southeastern states SYSTEM ADMINISTRATOR - any individual authorized by the University to administer a particular network or computing hardware system and/or its system software TCP/IP - Transmission Control Protocol / Internet Protocol USER - any individual who uses a WJU computing resource USER ID - same as LOGIN ID, a character string that uniquely identifies a particular user to a WJU computing resource 11.0 AUTHORIZATION The Director of Human Resources, in conjunction with the Vice President of Information Technology Services, has the authority to change, modify or approve exceptions to this policy at 2015-2016 Wheeling Jesuit University Student Handbook P a g e 105 any time with or without notice, and in compliance with the Information Technology Services policy manual, with the approval of the Executive Committee through the University President. 4.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 106 MEDICAL LEAVE OF ABSENCE POLICY DATE APPROVED: August 2014 APPROVED BY: VP for Academics DATE TO BE REVIEWED: June 2016 REVIEWED BY: VP for Academics DATE REVISED: REVISION NUMBER: 1.0 COMPLIANCE COMMITTEE: As Scheduled 1.0 REQUEST FOR MEDICAL LEAVE OF ABSENCE (MLOA) FOR UNDERGRADUATE STUDENTS Undergraduate students may request a MLOA in cases where the student's health hinders successful academic progress. The approval of MLOA for undergraduate students will come from the Director of Undergraduate Student Success. The policy and subsequent procedure for requesting MLOA is as follows: a. Student must submit a written letter requesting leave of absence for medical reasons. This letter must be addressed to the WJU Director of Undergraduate Student Success. This letter must outline the need for the leave, the anticipated length of time for the leave and the anticipated time of return to academic studies, if known. b. The physician or health care practitioner treating the student for said medical issue must submit written documentation to the WJU Director of Undergraduate Student Success outlining the medical necessity for the requested medical leave and its anticipated duration. c. Considering all information provided and any additional consultation needed, the WJU Director of Undergraduate Student Success will rule on the requested medical leave. The decision will be communicated to the student in writing within and no longer than 10 working days of the completed request, which will not be considered as complete until all materials are submitted. This correspondence will also include the steps that the student must take to request re-enrollment after being released by the treating physician to return to academic studies. d. The WJU Director of Undergraduate Student Success will notify the registrar of any student withdrawal due to medical leave of absence. The Director will also notify all necessary university departments (e.g., Registrar, Financial Aid, Business Office, IT, Student Housing, instructors, and academic advisors) of the student's leave so that appropriate actions can be taken within their domain. e. Should the request be denied, the student can appeal the decision to the Chief Academic Officer (CAO) within 10 working days of notification of the initial decision. The CAO will compile all information necessary and make a ruling within 10 working days of receiving the appeal. Written documentation of the decision will be provided to the student by the CAO's office. The decision of the CAO is final. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 107 f. All correspondence regarding the request for MLOA will be maintained in the student's official academic record housed in the Registrar's Office. 2.0 RE-ENROLLMENT AFTER MLOA FOR UNDERGRADUATE STUDENTS After being released by the treating physician or health care practitioner to return to academic studies, the following steps must be followed: a. The length of the medical leave may not exceed the balance of the current semester and the subsequent semester. If the medical leave exceeds this time frame, then the student must apply for re-admission to the University. b. The student must submit a written letter to the WJU Director of Undergraduate Student Success requesting to return to academic studies at least 4 weeks before the requested return date. c. The treating physician or health care practitioner must submit a letter to the WJU Director of Undergraduate Student Success releasing the student to return to academic pursuits. Should any stipulations, on-going treatment or accommodations be applied to this return, they must be outlined in this letter or be provided by the practitioner in another written form to the Director stated above. Should conditions be placed on the student's return that fall under the Americans with Disabilities Act, all policies regarding requesting reasonable accommodations must also be followed as outlined in the Wheeling Jesuit University Student Handbook. It is the student's responsibility to seek out the reasonable accommodations and provide all necessary documentation to receive the reasonable accommodation. d. All above documentation regarding the student's eligibility for reenrollment will be reviewed by the WJU Director of Undergraduate Student Success. The Director will consult with other administrators on campus as necessary, and will make the decision regarding re-enrollment and communicate this decision to the student within 10 working days of receiving the completed documentation. This response will include the allowable, reasonable accommodations. e. Granting of the re-enrollment request will be communicated by the WJU Director of Undergraduate Student Success to the Registrar's Office and all necessary university departments. f. The actual point of re-enrollment with respect to course work will be decided upon by the Director of Undergraduate Student Success in consultation with the director of the student's program of study. In cohort programs, this may require that a student sit out until the next cohort of students comes through the program to the appropriate point of re-entry. g. If the request for re-enrollment is denied, the student may appeal this decision to the CAO in writing within 10 days of receiving the denial. The CAO will review all documentation provided and render a decision which 2015-2016 Wheeling Jesuit University Student Handbook P a g e 108 will be communicated to the student in writing within 10 days of receiving the appeal. The decision of the CAO is final. h. All correspondence regarding a request for re-enrollment will be maintained in the student's official academic record housed in the Registrar's Office. 3.0 REQUEST FOR MEDICAL LEAVE OF ABSENCE (MLOA) FOR GRADUATE STUDENTS Graduate students may request a medical leave of absence in cases where the student's health hinders academic progress. The approval of MLOA for graduate students will come from the department chair/director/committee of the program for which leave is being requested. The policy and subsequent procedure for requesting MLOA for graduate students is as follows: a. Student must submit a written letter requesting leave of absence for medical reasons addressed to the department chair/director/committee of the student's program of study. This letter must outline the need for the leave, the anticipated length of time for the leave and the anticipated time of return to academic studies, if known. b. The physician or health care practitioner treating the student for said medical issue must submit written documentation to the department chair/director/committee of the student's program of study outlining the medical necessity for the requested medical leave. c. Considering all information provided and seeking any additional consultation needed, the department chair/director/committee will rule on the requested medical leave. The decision will be communicated to the student in writing within and no longer than 10 working days of the completed request. This correspondence will also include the steps that the student must take to request re-enrollment after being released by the treating physician to return to academic studies. d. The department chair/director/committee of the program of study will notify all relevant university departments of the granted medical leave. (e.g., Registrar, Financial Aid, Business Office, IT, Graduate Housing, instructors, and academic advisors). e. Should the request be denied, the student can appeal the decision to the Chief Academic Officer (CAO) within 10 working days of notification of the initial decision. The CAO will compile all information necessary and will rule on the appeal within 10 working days of receiving the appeal. Written documentation will be provided to the student by the CAO. The decision of the CAO is final. f. All correspondence regarding the request for MLOA will be maintained in the student's official academic record housed in the Registrar's Office. 4.0 RE-ENROLLMENT AFTER MLOA FOR GRADUATE STUDENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 109 After being released by the treating physician or health care practitioner to return to studies, the following steps must be followed: a. b. c. d. e. f. g. The length of the medical leave may not exceed the balance of the current semester and the subsequent semester. Should the medical leave exceed the allotted time frame, the student may be required to re-apply to the professional program. In cohort programs, if leave extends through multiple semesters, the student may be required to suspend progression through the program and return with a new cohort. The student must submit a written letter to the department chair/director/committee of the program of study requesting re-enrollment at least 4 weeks before the requested return date. The treating physician or health care practitioner must submit a letter to the department chair/director/committee of the program of study releasing the student to return to academic pursuits. Should any stipulations, on-going treatment or accommodations be applied to this return, they must be outlined in this letter or provided by the practitioner in another written form to the chair/director/committee stated above. Should conditions be placed on the student's return that fall under the Americans with Disabilities Act, all policies regarding requesting accommodations must also be followed as outlined in the Wheeling Jesuit University Student Handbook. It is the student's responsibility to seek out the accommodations and provide all necessary documentation to receive the accommodation. All above documentation regarding the student's eligibility for re-enrollment will be reviewed by the department chair/director/committee of the student's program of study. The chair/director/committee will make the decision regarding re-enrollment and communicate this decision to the student within 10 working days of receiving the completed documentation. The actual point of re-enrollment with respect to course work will be decided upon by the department chair/director/committee based on the curricular model set within the student's field of study. In cohort programs, this may require that a student sit out until the next cohort of students comes through the program to the appropriate point of reentry. If the request for re-enrollment is denied, the student may appeal this decision to the CAO in writing within 10 days of receiving the denial. The CAO will review all documentation provided and render a decision which will be communicated to the student in writing within 10 days of receiving the appeal. The decision of the CAO is final. All correspondence regarding request for re-enrollment will be maintained in the student's official academic record housed in the Registrar's Office. 5.0 AUTHORIZATION 6.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 110 ORGANIZATION: HUMAN RIGHTS AND VALUES DATE APPROVED: November 2015 APPROVED BY: Senior VP DATE TO BE REVIEWED: June 2016 REVIEWED BY: Senior VP DATE REVISED: Reviewed/Unchanged November 2015 REVISION NUMBER: 1.0 COMPLIANCE COMMITTEE: As Scheduled 1.0 PURPOSE Wheeling Jesuit University, one of 28 American colleges and universities in the Jesuit tradition of academic excellence and service to others, educates the whole person - caring for the mind, body and spirit of each student. The heart of a Jesuit education lies in learning to discern God's will on our lives, and applying that knowledge to all we are and do. This tradition can only be supported by employees who understand and commit to the underlying philosophies, mission and values that support that tradition. 2.0 POLICY STATEMENT 2.1 Human Rights a) The members of Wheeling Jesuit University respect the dignity and worth of the individual and strive for the preservation and protection of fundamental human rights. While requiring for themselves freedom of inquiry and communication, members of the University community accept the responsibility this freedom requires. b) Wheeling Jesuit University does not discriminate on the basis of race, color, gender, creed, sexual orientation, religion, national origin, age, marital status, disability or Vietnam Era or disabled veteran status in matters relating to employment of or in consideration of eligible students for admissions, rewards, or financial aid where and in so far as these classes are defined and protected by applicable law. Nor does the University discriminate in matters relating to employment of any individual on the basis of race, color, creed, sexual orientation, religion, gender, ethnicity, national origin, age, marital status, disability, or Vietnam Era or disabled veteran status where and in so far as these classes are defined and protected by applicable law. c) The University is also committed to providing its employees and students with an environment free from implicit or explicit behavior used to control, influence or otherwise negatively affect the well-being of any member of the University community. Therefore, the University explicitly prohibits and vigorously opposes any form of harassment based upon any class, activity or status protected by law. d) Harassment includes an unwelcome emphasis on any of the protected characteristics in such a way as to create an intimidating, hostile or demeaning work or educational environment. Any form of harassment will result in appropriate corrective action and disciplinary action, up to and including suspension or separation from the University. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 111 Any harassment which involves physical abuse or the violation of another individual's privacy or property may result in immediate separation from the University. e) Although harassment is not intended or perceived, generally romantic relationships between a person in power and a subordinate (i.e., faculty / student, supervisor / employee, employee / student), even where coercion is not involved, are considered inappropriate. Such relationships may exploit the trust and dependency of students and subordinates and impede professional judgment. f) To maintain a work environment and academic community that is free from all forms of harassment, the University maintains a comprehensive Anti-harassment Policy and complaint procedure. Any person who believes he or she has experienced harassment in any form is strongly encouraged to consult the University's Anti-Harassment Policy and make free use of the resources and the complaint procedure provided therein. 2.2 The University Mission a) Life: The Jesuit traditions of educational excellence and service to others guide all the programs at Wheeling Jesuit University. By integrating learning, research and economic development with classical knowledge and Christian revelation, the University seeks to foster competence, creativity, and innovation throughout and beyond the campus community. Graduates of the University enter the world of work with sociallyresponsible goals, a lifelong appetite for learning, and the desire to make our universe a better place. b) Leadership: To model the Jesuit concern for regional and global neighbors, the University welcomes people of all creeds, races and nationalities to share in the intelligent pursuit of excellence. The University promotes close student-faculty contacts and encourages students to develop their full potential for leadership. Through a grounding in the liberal arts and, above all, the example of Jesus Christ, the University endeavors to produce intelligent, moral leaders who will champion the Jesuit values of faith, peace and justice. Wheeling Jesuit envisions a dynamic leadership role for the University in the lives of its students and in the world at large. c) Service with and among others: In its faculty and students, its research, and outreach, the University is national and international. Yet as the only Catholic institution of higher learning in the Appalachian region, Wheeling Jesuit also values its distinctive mission to the immediate area, educating local men and women and returning them to enrich their own communities. Wheeling Jesuit University firmly believes its graduates will enter the professional world prepared to use their God-given talents not solely for personal fulfillment, but as men and women in service to others. 2.3 The University Code of Ethics - Individual Focus on Values and Ethics a) As a Jesuit University, with a tradition that extends more than 450 years into history, we are founded on the principles of intellectual competence and caring for others. This foundation presupposes that the men and women, who act on behalf of Wheeling Jesuit University, act in concert with these salient values and ethics. Actions that emerge from competence and compassion also presuppose that these men and women would not intentionally act to undermine the university, its policies, laws of the land, or other 2015-2016 Wheeling Jesuit University Student Handbook P a g e 112 persons. In all cases, the men and women of this university should act in ways that work to elevate the institution, its students and all other employees. This Jesuit tradition provides the core values of our Code of Ethical Conduct. b) The University is entrusted by society with great resources and commensurately great responsibilities for creation, dissemination and preservation of knowledge. University administrators, managers, supervisors and employees play a key role in assuring that high standards of ethical practice attend to the custody and use of these resources. The personal and professional conduct of these individuals reflects on the university, the collective profession, and the higher education enterprise at large. Our employees conduct should be characterized by integrity and dignity; all employees should expect and encourage such conduct by others. To guide employees in setting and practicing high standards of ethical conduct, University employees should adopt and be faithful to personal values that: a. Accord respect to self and others; b. Preserve honesty in actions and utterances; c. Give fair and just treatment to all; d. Accept intellectual and moral responsibility; e. Aspire to achieve quality; f. Refuse conflict, or the appearance of conflict, between personal and institutional interests; and g. Foster expressions of one's own view with tolerance for the views of others. c) Our employees should act with, and should strive to advance, competence, both in self and in others. They should understand and support their institution's objectives and policies, be capable of interpreting them within and beyond the institution, and contribute constructively to their ongoing evaluation and reformulation. Finally, they should communicate to institutional colleagues the content of this Code of Ethics with the following rights: a. The right to work in a professional and supportive environment; b. The right to have clear, written, statements of the conditions of their employment, procedures for professional review, and a job description outlining their duties and responsibilities; c. Within the scope of their authority or policy, the right to exercise judgment and perform duties without disruption or harassment; and d. Freedom of conscience and the right to refuse to engage in actions that violate the ethical principles contained in this Code or provisions of law. 3.0 AUTHORIZATION The Director of Human Resources, in conjunction with the President of the University, has the authority to approve changes or exceptions to this policy at any time with or without notice, provided such changes are in compliance with other policy guidelines. 4.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 113 SMOKING POLICY DATE APPROVED: April 2011 APPROVED BY: DATE TO BE REVIEWED: January 2017 REVIEWED BY: Director of Human Resources DATE REVISED: December 2014 REVISION NUMBER: 2.0 COMPLIANCE COMMITTEE: As Scheduled 1.0 PURPOSE Wheeling Jesuit University has a vital interest in maintaining a healthy and safe environment for its students, faculty, staff and visitors while respecting individual choice. Toward those goals, the University has designated both Smoking and Smoke Free areas. When the desire of smokers conflicts with the desire of nonsmokers, the desires of the nonsmokers will prevail. 2.0 POLICY STATEMENT 2.1 Definitions a. "Smoking" includes both tobacco products and electronic smoking devices ("ecigarettes"). b. "Smoking Areas" are areas on campus where smoking is permitted. c. "Smoke Free Areas" are areas on campus where smoking is prohibited. 2.2 Policy Statement a. Smoking is NOT permitted in ANY indoor area including, but not limited to, all areas inside of the University buildings and vehicles. There are NO exceptions. All indoor or confined areas are designed and designated as "Smoke Free Areas." b. Smoking is NOT permitted in outdoor facilities and other areas used for spectator sports, meetings, entertainment and dining including, but not limited to: exterior balconies or porches attached to buildings, areas within 25 feet of any building entrances, doors and windows (including Whelan Hall and CET) not designated as Smoking Areas, audience areas where people or spectators congregate such as athletic fields and stadium grandstands, and outdoor dining facilities. These areas are designated as "Smoke Free Areas." c. Smokers must remain 25 feet or more from any door or window and must utilize designated Smoking Areas with receptacles around campus buildings and entrances. Smokers must insure that smoke does not enter buildings. It is their responsibility to dispose of cigarette butts in the proper receptacles and not in garbage cans or on the ground. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 114 2.3 Responsibilities of the Campus Population a. Smokers must respect the rights of non-smokers and smoke within designated Smoking Areas only. Nonsmokers must respect the rights of smokers to use the areas designated as Smoking Areas. b. Violations are to be reported to supervisors, Resident Assistants or the Director, Security, Residence Life-Student Development, Human Resources or other appropriate University Faculty or Administrative personnel. 2.4 Coverage This policy applies to everyone on the University campus including students, faculty, employees, contractors, vendors, visitors and others providing services to the University. 2.5 Campus "Smoking Areas" are designated as an attachment. 2.6 The University does not discriminate in employment based solely upon the use of tobacco products of premises during nonworking hours. 3.0 AUTHORIZATION The Director of Human Resources has the authority to change, modify or approve exceptions to this policy at any time with or without notice and with the approval of the University President or his designee (Sr. Vice President). 4.0 ATTACHMENTS Map of Designated Smoking Areas 2015-2016 Wheeling Jesuit University Student Handbook P a g e 115 STUDENT RECORDS POLICY DATE APPROVED: August 2014 APPROVED BY: VP for Academics DATE TO BE REVIEWED: June 2016 REVIEWED BY: VP for Academics DATE REVISED: REVISION NUMBER: 1.0 COMPLIANCE COMMITTEE: As Scheduled 1.0 PURPOSE In order to be of service to its students and to fulfill its educational mission, Wheeling Jesuit University compiles and maintains records on all its students. These records are the property of Wheeling Jesuit University. University property is not to be removed from campus without supervisor approval. If approval is given, it will be the supervisor's responsibility to see that the property is returned. Records vary regarding the level of confidentiality and life expectancy. The policy herein described seeks to establish general procedures for supervising, compiling, maintaining, retaining, and releasing student records. This policy covers student records maintained by the University and in no way attempts to order the private notes of administrators, faculty members, chaplains, physicians, and counselors. 2.0 POLICY STATEMENT a) Supervision of Student Records Overall administration of all student records that are the property of Wheeling Jesuit University is the responsibility of the President of the University who acts in the name of the University. The President delegates to certain University Officials immediate responsibility for administration of particular categories of student records. These officers may in turn designate administration of records to other educators, depending on the size and complexity of their areas of responsibility. The officers and categories of their record administration are as follows: a. The Chief Academic Officer (i.e. Academic Dean), together with the Registrar, administer all academic records. b. The Chief Enrollment Officer (i.e. Dean of Enrollment) administers the records of candidates for admission and the Director of Student Financial Planning administers the records for financial aid. The Chief Financial Officer administers and maintains student financial records. c. The Chief Student Development Officer (i.e. Dean of Student Development) administers the following student records: i. Student conduct records. ii. Housing records (within the Office of Residence Life) iii. Student medical records (within the Health Center) iv. Student internship and career placement records (within the Career Development Office). v. Student Athletic Records (within the Athletic Department) 2015-2016 Wheeling Jesuit University Student Handbook P a g e 116 b) Compiling Student Records Records should only be compiled where there is a demonstrable need which bears on the educational or other purposes of the University. Each officer shall approve any inclusion of information within a student's record in the area under his or her jurisdiction. c) Maintaining Student Records a. Records will be stored in a reasonably private place not accessible to the passerby. b. An official and duplicate copy of each current academic transcript will be stored in a separate place other than the Registrar's Office. c. Academic, medical, counseling, placement, and student conduct records shall be kept separate from one another. d. Wheeling Jesuit University will take all reasonable precautions to protect student records. However, the University assumes no responsibility or liability for records stolen, destroyed by fire, flood, riot, war, or other natural or man-made disasters. e. Wheeling Jesuit University shall maintain a log of all non-University individuals, agencies, or organizations that have requested or obtained access to a student's records. This log will specify the legitimate interest that each such person, agency, or organization has in obtaining this information. This log will be available to persons or organizations authorized under the Family Educational Rights and Privacy Act, Public law 93-380 ("FERPA"). d) Retention of Records a. Directory Information - Wheeling Jesuit University will retain at its discretion for an indefinite period of time, directory information on students which is a matter of public record such as: information which has appeared in University publications, directories, programs, commencement exercises, convocations, and newspapers. Directory information includes: on-campus or local address, permanent address, telephone number, mailbox number, date and place of birth, major membership in University clubs/organizations, councils, athletic teams, committees, honors, dates of attendance, date and type of degree awarded, leadership positions, and University photo ID. Any student wishing to have his/her name and directory information withheld from the above mentioned public documents shall notify the Office of the Registrar. b. Academic Records - Wheeling Jesuit University will maintain for the natural life of each student an academic transcript that shall include an unabridged and chronological record of all courses undertaken, grades received, and status achieved. C. Non-Academic Records i. Students who withdraw from or fail to return to the University shall have their records maintained at the discretion of the University for five full years. The University may choose to retain files for a longer period for financial obligations, research purposes, legal mandates, or other approved reasons. ii. The records of students who are suspended from the University for either academic or student conduct reasons, or who are granted a leave of absence will be maintained for the period of suspension or leave of 2015-2016 Wheeling Jesuit University Student Handbook P a g e 117 absence, and where said students fail to return, further maintained at the discretion of the University for five full years or longer as in paragraph #1. iii. The records of students (except for those which bear on the dismissal) dismissed for academic or student conduct reasons will be maintained at the discretion of the University for five full years or longer as in paragraph #1. Those records that bear on the dismissal shall be maintained at the discretion of the University of an indefinite period of time, but not less than five full years. c. Disclosure and Evaluation of Student Records i. Directory Information - Certain information found in campus directories is not considered confidential, private, or personal by the University and is therefore available to the University community and the public at the discretion of the University. Information of the above sort is considered public record and includes items such as: information that has appeared in University publications, directories, programs, commencement exercises, convocations, and newspapers. Directory information also includes: Oncampus or local address, permanent address, telephone number, mailbox number, date and place of birth, major membership in University clubs/organizations, councils, athletic teams, committees, honors, leadership positions, dates of attendance, date and type of degree awarded, and the weight and height of members of athletic teams. Any student wishing to have his/her name and directory information withheld from the above mentioned public documents shall notify the Office of the Registrar. ii. Disclosure to Parents 1. Parents or legal guardians of students under 18 years of age shall have access to all records as specified under FERPA. Requests to examine a student's record are to be in writing and include the specific categories of information to be reviewed. The University has 45 days to comply with such requests from the date that the written request is received by the University. 2. As a Jesuit university, we believe in the family's essential role in the education process and also believe in the right of those who finance an individual's educational instruction to know the status of their investment. The University therefore will, at its discretion, inform parents or legal guardians of serious matters affecting the educational development of their dependent children at Wheeling Jesuit University. Grades indicating unsatisfactory progress may also be released to the parent or guardian of any student who is legally defined in Section 152 of the Internal Revenue Code of 1954 as being dependent. A parent may establish his/her child as a dependent by providing a copy of his/her federal income tax return that must indicate the child as a dependent. The student will be classified as a dependent for the extent of his/her enrollment. If there is a change in the dependent status, it is the responsibility of the student to notify, with documented proof, of the status change. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 118 The student may also sign an academic release form permitting his/her parent(s) to receive academic information. Again, once a release form is signed it will serve for the extent of the student's enrollment unless the student notifies the Office of the Registrar. 3. Also refer to the Parental Notification Policy. iii. Disclosure to Students 1. A student's request to inspect his/her admission, academic, athletic, financial, medical, placement or student conduct records should be directed to contact the Dean of Student Development or the Registrar, depending upon the nature of record. The University has 45 days to comply with such requests from the date that the written request is received by the University. Students may waive their right of access to confidential recommendations placed in their file in the future. Such waivers must be in writing, voluntary, and will be placed in that student's personnel file. Requests for copies of files will be honored on an as needed basis. Confidentiality will be respected. 2. While students may inspect their financial records, they may not inspect information within their files pertaining to the financial affairs of their parents or guardians unless they are documents that the student has signed. 3. Students may inspect their medical records for clarification and questions in the presence of the University physician (if applicable) or request for a release to a physician of the student’s choice. 4. Individuals denied admission to the University may not inspect any file pertaining to them which is the property of Wheeling Jesuit University. iv. Disclosure to Other Educators & University Officials Parts of a student's record may be disclosed to a University official, who has legitimate educational interest in the student’s records. Such an interest exists whenever the official needs the information to fulfill his or her professional responsibilities. University officials are faculty, administrators, trustees, students serving on official university committees or assisting another university official in performing his or her duties (including Student Conduct Board), and third parties with whom the University has contracted such as attorneys, auditors, or collection agents. v. Disclosure to Other Third Parties 1. Individuals external to the University such as salespeople, prospective employers, and government officials do not have access either to student records or information therein without the written consent of the student. 2. The University will release information from a student's file as required by a court of law or by FERPA. Requests for copies of files will be honored on an as needed basis. Confidentiality will be respected. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 119 3. The University may disclose student financial aid information as necessary to determine eligibility for the aid; determine the amount of the aid; determine the conditions for the aid; or enforce the terms and conditions of the aid. 4. The University reserves the right to withhold release of information about a student including transcripts when that student is delinquent in his or her financial obligations to the University. 5. The University may use student records to collect statistical data for either its own use or use by others, but in such cases the identity of the student shall be masked. 6. Financial aid information concerning loans, jobs, scholarships, and grants shall not be released to any source other than the awarding agency or where permitted by Public Law 93-280 without the written permission of the student. 7. The University will not release photocopies of campus incident and/or security reports without the expressed consent from an attorney and/or by court mandate. vi. Evaluation of Student Records Only official University Committees and professional educators charged to do so by Wheeling Jesuit University will do evaluation of student records. vii. Challenges to Information Within Student Records 1. The Family Educational Rights and Privacy Act (part of Public Law 93380) limits the disclosure of student records and governs student access to his or her academic records. The University has developed this policy to be consistent with this law. Individuals wishing a copy of the University's policy or who wish to review their official records should see the Dean of Student Development and/or his/her designee. 2. Parents of students under 18 years of age and students 18 years of age or older have the right to ask the University to amend their student records on the grounds that the information in the records is inaccurate, misleading, or otherwise inappropriate or violates the student's privacy rights. 3. Such requests or challenges are to be submitted in writing to the Dean of Student Development as appropriate and shall include the specific items challenged. 4. A hearing board comprised of the Dean of Student Development, Academic Dean, one Faculty member (appointed by the Associate Dean) and one Student Development member (appointed by the Dean of Student Development) shall hear and judge all challenges. The administrator charged with keeping the challenged records or his/her designee, along with the parent or student challenger, shall be present for the hearing. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 120 Wheeling Jesuit University reserves the right to change the above policy at any time; such changes will be noted in the Student Handbook. viii. Student Records and HIPAA 1. HIPAA - Under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Title 42, United States Code, Section 1320d, the U.S. Department of Health and Human Services adopted national Standards for Privacy of Individually Identifiable Health Information (the "Privacy Rule") to protect an individual’s personal health information. These standards apply to certain "covered entities", such as health plans, health care clearinghouses, and certain health care providers, who transmit health information in electronic form in connection with covered transactions. 2. Personal Health Information Contained in Education Records. To the extent that a student’s education records contain personal health information that is identifiable to a particular student, the University maintains and treats this information in accordance with the requirements of the Family Educational Rights and Privacy Act, as amended. The University recognizes that under Title 45, Code of Federal Regulations, Section 160.103, the HIPAA Privacy Rule does not cover personal health information that is covered by FERPA. 3. Units Regarded As Covered Entities For HIPAA Compliance. For the purpose of HIPAA compliance, the University has determined that the functions it performs with respect to the administration of its self-insured group health plan are covered functions and that it is a covered entity only with respect to these functions. The University designates this function and component of operations as a covered function for the purpose of HIPAA compliance. The University has also undertaken a review of the functions of its student health services and student counseling center and has determined that neither of these units transmits health information in electronic form in connection with covered transactions and neither is covered by HIPAA. Although these units are not covered by the HIPAA Privacy Rule, the University recognizes that an individual’s personal health information may, nevertheless, be subject to other privacy protections arising under the Family Educational Rights and Privacy Act and other applicable state and federal laws. 4. Medical & Mental Health Records. Education records do not include medical and mental health information that is collected, maintained, or used for purposes of providing assessment and/or treatment to the student. Such records are kept only in the Health Center and are treated as confidential. They may be disclosed only to the extent and in manner provided by law. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 121 3.0 AUTHORIZATION 4.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 122 VEHICLE REGISTRATION AND PARKING VIOLATIONS DATE APPROVED: November 2015 DATE TO BE REVIEWED: June 2016 APPROVED BY: Dean of Student Development REVIEWED BY: Dean of Student Development REVISION NUMBER: 1.0 DATE REVISED: COMPLIANCE COMMITTEE: As Scheduled Vehicle Registration and Parking Violations The Office of Safety & Security coordinates campus parking. All students, including commuters, must register vehicles that will be operated on campus. The registration fee is $150 per year. A numbered decal is provided. The decal is to be hung from the rearview mirror and should be readable from the front of the vehicle. Decals on motorcycles are to be placed on the left front shock absorber casing. Temporary and Visitor permits are available through the Office of Safety & Security for as long as three days. Any vehicle on campus must have a permit that identifies the vehicle. A registered vehicle, including two-wheeled motorized vehicles, may park anywhere on campus where there is a space designated by parking lines. Parking is not permitted on main roadways; where prohibited by signs; designated parking lots; where curbs or roadways are painted yellow. Violations and Fines: Vehicle has no valid parking permit Permit not displayed or improperly displayed Parked in handicap space/area Parked in no parking space/area Parked in reserved or designated space/area Parked in two spaces Blocking driveway, drive lane, or access Parking/Driving on lawn $100 $15 $50 $25 $25 $25 $50 $75 + Restitution For any other violation, the Director of Safety & Security will determine the fine in consultation with the Dean for Student Development. Violations will be assessed as follows: Policy One: When a person receives a parking violation, they will be given seven days to pay the ticket through the Office of Safety & Security. After seven days, with no payment, the 2015-2016 Wheeling Jesuit University Student Handbook P a g e 123 Director of Safety & Security or designee will notify the individual in writing that his or her fine is being sent to the University Business Office to be placed on their account. Policy Two: Additional Violations will be handle as described in policy one, unless the person has not paid his/her previous violation fine(s). In that case, the new parking violation fine will be directly sent to the University Business Office and be added to the student's account. Policy Three: After three violations, which have not been paid, the Director of Safety & Security or his/her designee will notify the individual that he/she will have seven days (from the date of the letter) to settle his/her account with the Business Office or his/her vehicle will be booted. Policy Four: All visitors must receive a temporary parking permit from the Office of Safety & Security. Continued non-compliance with University parking regulations may result in suspension of campus parking privileges. Parking permits must be renewed every year through the Office of Safety & Security. All students, faculty, staff, and administrators will be issued only one permit. The cost of additional permits is $150 per permit. Requests for reconsideration of the ticket/fine may be made to the Director of Safety & Security. A complete list of all regulations is available at the Office of Safety & Security located in the annex of Swint Hall. Recommendations, comments and/or questions concerning the traffic/parking situation on the campus may be directed to the Director of Safety & Security. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 124 ZERO TOLERANCE FOR VIOLENCE POLICY DATE APPROVED: August 2014 DATE TO BE REVIEWED: June 2016 APPROVED BY: Dean of Student Development REVIEWED BY: Dean of Student Development REVISION NUMBER: 1.0 DATE REVISED: COMPLIANCE COMMITTEE: As Scheduled 1.0 POLICY STATEMENT Wheeling Jesuit University supports all efforts to prevent violence on campus. Any violation of another person's rights, including but not limited to physical or verbal threats, mental abuse, slander, physical harm, the harassment of another person, or destruction of another person's property will result in the campus taking the necessary and appropriate action to protect the safety and well-being of the campus community. If a student or employee presents a danger or direct threat to self or others, immediate action may be taken to remove and distance the individual from the campus community pending full review. Use of alcohol, drugs or other intoxicating substances will not excuse a violation of this policy. 2.0 AUTHORIZATION 3.0 ATTACHMENTS 2015-2016 Wheeling Jesuit University Student Handbook P a g e 125 IGGY ROCK AREA RESERVATION POLICY DATE APPROVED: November, 2015 DATE TO BE REVIEWED: July, 2016 DATE REVISED: November, 2015 APPROVED BY: Dean of Student Development REVIEWED BY: Director of Student Activities REVISION NUMBER: 1.0 COMPLIANCE COMMITTEE: As Scheduled During the Fall of 2013 and the first half of Spring 2014, Student Senate and the SGA Executive Board worked with University Administration to propose a policy change to the open container policy that would allow a group of students who are all 21 years of age or older reserve the Iggy Rock for a social event. Alcohol will be permitted at these events. After a brief trial period, this policy was approved by administration and placed in the Student Handbook. Any violations of this policy or of the Student Code of Conduct could result in this privilege being revoked for a designated amount of time and additional sanctions via the Student Conduct process. Guidelines for Iggy Rock Use: 1. The Iggy Rock can be reserved for Friday or Saturday night from 5pm until dusk. Upon occasion, the University reserves the right to restrict student functions during these timeframes pending other University related events that may make a restriction in the best interest of the University. 2. The designated area would be limited to 20 residents or less who, upon authorization, are of legal drinking age according to state laws and are within good conduct standing with the University (i.e. not on Level III: Conduct Probation nor have unresolved student conduct violations pending). 3. Requests must be received by 5 pm on the Wednesday prior to the reservation date. Requests will not be considered until Wednesday after 5pm to allow for equal consideration of multiple requests for the same time; all efforts will be made to limit groups from monopolizing the available reservation time. 4. The student organizing the social must include the name of all students who will be attending the social. Only the students listed in the initial request will be permitted to attend the social. 5. Wristbands will be provided to the student who submitted the form and must be worn by all students who are attending the social. 6. The student organizing the social is responsible to ensure that all trash, cans, and/or cups be disposed of with the trash bags provided. 7. A request can be denied based on the prior conduct records of the participants on the list of the event, due to incomplete submissions, or due to prior use of the area if a different group requests a reservation at the same time. 8. The amount of alcohol to be used at the event will fall within the same parameters as alcohol allowance within the Residence Halls. For each five (5) people attending the 2015-2016 Wheeling Jesuit University Student Handbook P a g e 126 event, a case of beer (30 cans/24 bottles) would be an appropriate amount for the occasion. o 5 people = 1 case of beer o 10 people = 2 cases of beer o 15 people = 3 cases of beer o 20 people = 4 cases of beer o Approx. 6 beers per person. Beer must be in cans or bottles 9. Any activity that would promote excessive drinking (Flip Cup, Beer Pong, etc.) would be regarded as a violation to the policy. 10. Recreational Lawn Games, included but not limited to (Cornhole, Can-Jam, Horseshoes, etc.) are permitted during the time of the event. 11. At no time will liquor be permitted. If provided, this would constitute a direct violation of the policy. 12. Any person who is under the legal drinking age of twenty-one (21) who are caught participating would be sanctioned within the boundary of the University’s Student Code of Conduct. 13. In the event of an incident, the person who requested the event from the Student Development Office will be instructed to notify the Security Office who will then notify the Resident Assistant of Ignatius Hall so that the proper protocol is followed. 14. In the case of inclement weather, the University has the right to cancel the approved events; such instances may be during periods of steady rain and/or lighting. 15. Security will make random rounds to the event area to ensure that the conduct of the event falls within proper University bounds. At this time, participants will have to present Security with their wristbands, Wheeling Jesuit issued identification, and their respective state issued identification verifying their birthdate. 16. At no time will student who are underage be permitted to participate in the event with those students who are of age. This is to ensure that no underage drinking is happening during that time. 17. The student making the request does so understanding that they assume the responsibility that this policy be enforced and will be held accountable as if the Iggy Rock was his/her room. 2015-2016 Wheeling Jesuit University Student Handbook P a g e 127