NON-ACADEMIC POLICIES & REGULATIONS
ALCOHOL & DRUG POLICY
The Shenandoah community believes that individual responsibility is extremely important in social choices. The administration encourages a policy on alcoholic beverages that provides sanctions for abuses but places major responsibility on the student for reasonable decision making. Efforts are directed to promoting healthier lifestyles and providing campus support through educational programs, awareness activities, support groups and a network for referral.
The regulations and practices governing the use of alcoholic beverages apply to all Shenandoah University students and their guests. The primary responsibility for knowing and abiding by the provisions of the alcoholic beverage policy rests with each individual. The Shenandoah community will maintain the highest standards of personal conduct for its student body, faculty, and staff in dealing with abuses of the privileges granted in this policy.
All actions consistent with the law and individual privacy rights will be taken to eliminate the illegal use, manufacture, or distribution of drugs or other controlled substances on the Shenandoah campus. Shenandoah will deal firmly and fairly with individuals found in violation of Virginia statutes and federal laws pertaining to such substances.
Shenandoah believes that the illegal use or abuse of mood altering substances inhibits the healthy growth of the individual and is a direct threat not only to the individual involved but also to the safety and well being of the entire community.
Enforcement Practices:
The use of alcoholic beverages on campus shall be in compliance with federal, Commonwealth and local laws. By law, violators of these and all laws concerning drug and alcohol use are subject to attest. Members of the Shenandoah community are responsible for knowing the laws governing their actions. Penalties determined by the courts for these violations include suspension of driver's license, fines and imprisonment. The following regulations apply to the legal use of alcoholic beverages on campus by individuals and for approved social events:
A. Alcohol Regulations for Individuals in the Commonwealth of Virginia:
1.The Commonwealth of Virginia prohibits the purchase, possession, or consumption of all alcoholic beverages by persons under the age of 21. This is a class 1 misdemeanor in which anyone found in violation would pay a fine of between $500 and $2500 and/or perform a minimum of 50 hours of community work. The person’s driver’s license may be suspended for up to a year and he/she may be confined in jail for not more than 1 year.
2.It is a violation of state and federal law to purchase alcoholic beverages for, or to serve alcoholic beverages to a person under the age of 21. This is also a class 1 misdemeanor. See potential punishments in #1.
3.Intoxication and /or damage to public or private property are against the laws of the Commonwealth and the regulations of Shenandoah. Intoxication is defined as a blood alcohol content of .1% or more and/or offensive, disruptive, destructive, hazardous, and/or vulgar conduct during or following the consumption of alcohol.
4.It is unlawful to present false identification in order to purchase or consume alcohol and to give or permit to sell alcohol to persons under 21. Possible penalties include a $1,000 fine and/or 12 months in jail.
5.State of Virginia law prohibits the consumption of alcoholic beverages in unlicensed public places. One possible penalty is a fine of $100.
6.Virginia statutes prohibit public drunkenness and provide for the transporting of public inebriates to detoxification centers. Purchasing or possessing alcoholic beverages while intoxicated can result in a fine of $1,000 and/or 12 months in jail.
7.It is against Virginia law for anyone under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 or more shall be punishable by forfeiture of the person’s drivers license for a period of 6 months and a fine of up to $500.
8.Virginia law prohibits operation of motor vehicles while the operator has a blood alcohol concentration of 0.08% or more or while such a person is under the influence of any narcotic drug. Penalties for driving while intoxicated include fines, license revocation and jail sentences.
B. Drug Regulations for Individual from the State of Virginia
1.Under Local, State and Federal laws, it is unlawful to possess, use, manufacture, sell, give or distribute a controlled substance or an imitation controlled substance. Any person in violation with respect to a Schedule I or II controlled substance will be subject to fines and imprisonment.
2.It is against Virginia law to have drug paraphernalia. Drug paraphernalia is defined as all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged for use in planting, propagating, manufacturing, producing, processing, preparing, packaging, storing, concealing, injecting, inhaling, etc.
C. Regulations for Social Events:
C. Consequences
Shenandoah recognizes that drug or alcohol abuse may be symptomatic of a serious addiction and for this reason, the sanctions and consequences of abuse may include assessment and the opportunity for counseling as part of the disciplinary action. Failure to comply with a recommended treatment program may result in dismissal from Shenandoah. Infractions of this drug and alcohol policy will be reported to the Student Affairs Office for action.
Parent Notification
The Higher Education Amendment of 1998 (H.R.6, Sec.952) permits higher education institutions to notify parents or legal guardian when a student has committed a disciplinary violation with respect to use or possession of alcohol or a controlled substance and the student is under the age of 21. When the consequences for violations of the alcohol and drug policy indicate that a student’s parents will be notified, a copy of the student’s disciplinary letter citing the infraction and consequences for the infraction will be sent to a student’s legal home permanent address.
AUTOMOBILE REGULATIONS
All automobiles and other vehicles must be registered with the Business Office in accordance with the university’s Parking Policy. All vehicles registered and parked on Shenandoah-owned or operated properties must display a current state license plate, inspection decal, and a current Shenandoah University decal.
The privilege of having an automobile on campus may be revoked at any time by the Vice President for Student Affairs or his/her designee when it is determined that this privilege is being abused.
FOR COMPLETE INFORMATION, SEE:
http://www.su.edu/studaffs/security/parking.asp
BICYCLES (See University Parking Policy)
http://www.su.edu/studaffs/security/parking.asp
CAMPING AND SHELTER CONSTRUCTION
Construction of shelters, camping, or sleeping out on Shenandoah owned or operated properties is prohibited unless approved in writing by the Vice-President for Student Affairs.
COMPUTER MISUSE
A student who is found responsible of misusing a Shenandoah owned computer or the Shenandoah owned computer network shall be subject to the maximum sanction of dismissal, or any lesser sanction deemed appropriate. This includes student using privately owned computers or equipment that accesses the university-owned network either on or off campus. Below is a partial list of acts that would violate this policy
Committing computer fraud, creating false identities, forgery, harassment, personal abuse, trespassing, theft, embezzlement or invasion of privacy.
· Using the computer to examine, modify or copy programs or data other than one’s own without proper authorization.
· Distribution or interference with the normal use of the computers, computer related equipment, data, and programs of individuals, the network, or the university.
· Attempts to breech security in any manner.
· Sending or displaying harassing messages through email, instant messenger, text messaging, or other electronic media. A harassing message is any massage that is unsolicited, inappropriate or deemed harmful to the recipient
· Use of computer account for any purpose other than which it was assigned
For a complete list, contact Institutional Computing department or check online at:
http://www.su.edu/intranet/v2WebDocuments/ic/ITPOLICY2003_Approved.pdf
DESTRUCTION OR ATTEMPTED DESTRUCTION OF PROPERTY
No student or guest of a student shall intentionally or negligently damage, attempt to damage, or participate in the damage of property belonging to or in the care of Shenandoah, a member of the Shenandoah community, or a campus visitor.
DETRIMENTAL BEHAVIOR
All members of the Shenandoah community are expected to uphold standards that reflect credit to themselves and the institution and to abide by all Shenandoah rules and regulations. Should the conduct or action of a student or group of students be detrimental to the general welfare of Shenandoah University that student or group of students shall immediately be subject to suspension or dismissal.
DISHONESTY AND FALSIFICATION OF OFFICIAL INFORMATION
Furnishing false information, verbally or in writing, to any university representative with the intent to deceive, or altering or misusing any official documents is violation of university policy. Dishonesty includes the transfer of an identification card to another person or the alteration of an ID card. Possession or presentation of a false ID card to a student or university official is also a violation.
DISORDERLY CONDUCT
No student shall cause or excite any disturbance, excessive noise, or contention in or near any building or any other property owned or operated by Shenandoah University that interrupts the orderly operation or normal functioning of the institution.
DRUGS
Please see Alcohol and Drugs Policy.
FINANCIAL
Payment of fees: Tuition, room and board charges are due in full prior to the beginning of each semester (as published in the general and graduate catalogues for each academic year). A student may not attend classes until his/her semester bill is paid or other financial arrangements have been approved in writing by the Business Office.
Returned checks: Checks returned unpaid because of insufficient funds or for any other reason are considered a serious matter by Shenandoah University. The student whose account was credited will be notified that the check has been returned. Returned checks must be redeemed at the Business Office with cash, cashier’s check or money order, by the due date on the notice sent to the student. Personal Checks are not acceptable for the redemption of the returned check.
Delinquent Accounts: All delinquent accounts are subject to the following regulations: (1) a “hold” will be placed on the delinquent student’s grades, credits, and transcripts (2) the delinquent student will be barred from registering for a subsequent term (3) service charges will be added to all delinquent student accounts at the rate of 1.0% per month on the unpaid balance (4) delinquent student accounts will be referred routinely to an appropriate agency or attorney for collection and be assessed any collection or court costs incurred.
GAMBLING
Illegal gambling is against Virginia General Assembly legislation. A person/organization is guilty of illegal gambling if she/he operates, plays, or bets at any game of chance at which any money, property, or other thing of value is won.
HAZING
Shenandoah University expressly prohibits all acts of hazing by any student, organization, or alumni. Hazing includes any activity in which members or prospective members of an organization are subject to practices which harass, intimidate, physically exhaust cars pain, produce mental fatigue or mental duress, or cause mutilation or alteration of parts of the body. These activities include but are not limited to endurance tests, submitting members or prospective members to potentially dangerous or hazardous circumstance, activities which result in personal injury or cause severe mental anguish, mental distress, panic, human degradation, public ridicule or embarrassment.
Pursuant to Section 18.2-56 of the Code of Virginia, voluntarily participation by members will not be admissible as defense against a charge of hazing.
Any person found guilty thereof shall be guilty of a Class 1 misdemeanor, unless the injury would be such as to constitute a felony, and in that event the punishment shall be inflicted as is otherwise provided by law for the punishment of such a felony. Any person receiving bodily injury by hazing or mistreatment shall have a right to sue, civilly, the person or persons guilty thereof, whether adults or infants.”
HEALTH INSURANCE
All students, except those taking classes online, attending Shenandoah University must have health insurance coverage for the duration of time that they are enrolled in the university. To demonstrate compliance with this requirement, students must complete the insurance section of the Health and Insurance Requirements for Shenandoah University Students prior to admission to the University. Current insurance information must be submitted yearly or when changes occur. If the insurance carrier changes or coverage expires during the semester, an updated copy of the insurance verification must be submitted immediately to the Wilkins Wellness Center.
Students may purchase coverage through university-sponsored health insurance by accessing http://www.su.edu/studaffs/wellness/wpeform.htm The link to the university’s sponsored insurance carrier is provided for easy access. A copy of the receipt must be attached to the Health and Insurance Requirements for Shenandoah University Students form.
INJURIES
Shenandoah University carries an accident/injury only policy on all students at no cost to the student. The student should report immediately to the Department of Public Safety at the onset of any accident/injury for documentation. The injured student must report to Wilkins Wellness Center within 48 hours to complete the necessary documentation. The claim form should be submitted to the student’s primary insurance company first. The student’s insurance company will send the student a letter indicating the determination of coverage benefits. The university policy does not cover non-accidental related incidents and only covers reasonable and/or customary costs.
All coaches, theatre managers, advisors to student groups, students, or any faculty/staff responsible for students must report any injury to the Wilkins Wellness Center within 48 hours if the school insurance is to be submitted for determination of coverage.
The Director of the Wilkins Wellness Center will assist the student in the claim process. The claim must first be submitted to the student’s primary insurance carrier. When the student has received the Explanation of Benefits from the primary insurance carrier, the Wilkins Wellness Center will help facilitate process to submit the remaining charges to the universities’ insurance company for determination of coverage. See insurance section for payment policy.
LITTERING/INAPPROPRIATE USE OF TRASH RECEPTACLES
No student shall intentionally dispose of refuse of any kind in or near any building owned or operated by Shenandoah except in receptacles provided for that purpose. No receptacle used for trash shall be overturned or used for anything outside its intended purpose.
NON-COMPLIANCE
Failure to comply with reasonable requests or directions from faculty, administrative staff or other college officials acting in performance of his/her duties is considered a violation of this policy. This includes failure on the part of a student to show an identification card (ID) upon request of a university official who identifies themselves. Student are expected to comply with any disciplinary conditions imposed by a Judicial Board or authorized Shenandoah official. Refusal to attend a disciplinary hearing is also considered non-compliance.
NON-DISCRIMINATION
Shenandoah University does not discriminate on the basis of sex, race, color, religion, national or ethnic origin, age, or physical disability. Shenandoah University affirms the dignity and worth of every individual regardless of lifestyles or sexual orientation. Harassment or illegal discrimination toward any individual based on private lifestyle or sexual orientation is abhorrent and will not be tolerated in this community.
The university chooses not to make a legal or political statement on private lifestyle or sexual orientation for individuals.
OBSCENE CONDUCT
No student shall engage in lewd, indecent, or obscene conduct or expression on Shenandoah property or in Shenandoah owned or operated buildings. Such conduct includes, but is not limited to public urination, nudity, sexual activity in public places, and pornography posted in public places. It is against Virginia state law and Shenandoah University policy, to in the presence of the hearing of another, to curse, use abusive language or use violent language to such person concerning himself or any of his relations or use such language reasonably calculated to provoke a breach of peace.
PERSONAL ABUSE
No student shall threaten anyone with physical harm, direct obscenities at anyone or harass or degrade anyone on Shenandoah owned or operated property.
PETITIONS
Petitions can be an effective means to demonstrate support of lack of support regarding a variety of issues. When a student chooses to use a petition as a means of expressing a point of view, it should be done in a responsible manner. The facts of a situation should be clearly established and accurate and any individual or office named in the petition should be aware of the content of the petition prior to its distribution. Solicitation of signatures for a petition should be conducted in a public area and in a manner that is non-threatening [IC1] to those who are asked to consider the merits of the petition.
PETS
Student should not bring any pet belonging to them or under their control into any Shenandoah owned or operated building, or chain a pet outside any academic building where it may disrupt classroom activities through barking or other noise. Fish in aquariums are not considered pet for the purposes of this policy. Owners must keep dogs on a leash at all times. All actions of any dog will be the responsibility of the owner. Violations of this policy will be handled as follows:
Any type of animal abuse is prohibited, including but not limited to hurting wildfowl or abandoning an animal. Animals live or dead, may not be used in pranks or otherwise for amusement or ceremony in connection with any institutional group function or activity.
PHYSICAL EXAMINATIONS
All full-time, residential, international, and health care professional students must have a physical examination by a licensed health care practitioner prior to admission to Shenandoah University. The relevant section of the Health and Insurance Requirements form must be completed by a licensed health care practitioner. The immunization record must be filled in and completed by every student.
PROJECTILES
No student shall throw or cause to be projected any object or substance which has potential for damaging or defacing Shenandoah or private property or causing personal injury or disruption.
RELIGIOUS GROUPS POLICIES AND GUIDELINES
Guidelines for religious groups at Shenandoah are as follows:
1. The Dean of Spiritual Life has responsibility for coordinating religious activities at Shenandoah. Religious groups wanting to invite an off-campus religious leader to speak or minister on campus need to clear the visit with the Spiritual Life office.
2. Religious groups seeking formal recognition should notify the Dean of Spiritual Life and follow established procedures for organizational recognition and registration.
3. If approved by the University Cabinet, a new religious group shall have approval for a period of one full year. If a religious group violates these guidelines, the President’s Executive Council may rescind approval.
SELF-HARM POLICY
No Student shall intentionally attempt to harm him or herself. Self-harm is considered to be a serious psychological issue and will be treated as life threatening. Suicide gestures; self-mutilation and chronic eating disorders are examples of the destructive behaviors included under this policy.
The following guidelines will apply when a student attempts to harm self:
1. The Vice President for Student Affairs or his/her designee may place a student on voluntary (or involuntary, if necessary) leave of absence from Shenandoah University at the time of a crisis situation. This action may also be taken in non crisis situations whenever deemed appropriate by an administrative review committee.
2. The student will be required to receive a psychiatric and/or psychological evaluation by a licensed professional. The university reserves the right to require additional independent professional evaluation.
3. Upon receipt and review of the psychiatric/psychological evaluation (and any other pertinent information which may be required), a committee, composed of appropriate college personnel, as designated by the Vice President for Student Affairs, will determine whether or not, and under what conditions, the student may continue at Shenandoah University.
Shenandoah University is committed to sustaining an environment in which students, faculty and staff members may pursue their academic careers and assignments without being subject to verbal or physical harassment of any kind. Individuals who are in positions of authority with respect to students or other employees may not use their status to exploit others.
Recognizing that sexual harassment and sexual assault impede the educational process, SU is committed to investigate reports of sexual misconduct, to adjudicate them according to the policies of the university, and to provide support to those who are the survivors.
Sexual Misconduct Policy
Shenandoah University will not tolerate sexual misconduct where there is probable cause to believe the campus regulations prohibiting sexual misconduct have been violated. All members of the Shenandoah University community have a right to be free from sexual discrimination in the form of sexual harassment by any other member of the University community.
This policy applies to all Shenandoah University administration, faculty, staff, students, contractors and visitors. The policy is gender-neutral and applies equally to men and women.
Definitions
Sexual harassment
is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when at least one of the following conditions are met:
1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or academic status in a course, program or activity; or
Verbal misconduct, without accompanying physical contact as described above may constitute sexual harassment, which is also prohibited under university regulations.
2. Submission to, or rejection of, such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or
3. Such conduct that creates an intimidating, hostile, or offensive environment that substantially interferes with an employee’s work performance or a student’s ability to participate in or benefit from the University’s programs or activities.
Examples of Sexual Harassment
Examples of physical and verbal conduct that may constitute sexual harassment may include, but are not limited to, the following:
1. A direct or implied threat that submission to sexual advances will be a condition of employment, promotion, or grades.
2. A direct and unwanted proposal or subtle unwanted pressure to engage in sexual activity.
3. A pattern of conduct causing discomfort or humiliation, e.g., unnecessary touching, gestures of a sexual nature, or remarks of a sexual nature, including comments about dress, jokes, or anecdotes.
Sexual harassment does not include personal compliments, social interaction or relationships freely entered into by students, employees, or prospective employees; however, the potential for sexual harassment, even in consensual relationships, must be recognized, especially in situations where a professional power differential exists (e.g. administrator/student, faculty/student, supervisor/employee). Sexual harassment does not include behavior that is considered to be appropriate to an academic discipline for the purpose of instruction or individual safety.
Sexual Misconduct is defined as sexual contact without consent and includes: full or partial disrobing, intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, another person's genitals, breasts, thighs, or buttocks; rape (sexual) intercourse (whether by an acquaintance or a stranger); attempted rape; sodomy (oral or anal intercourse); or sexual penetration with an object.
Sexual harassment and abuse are, by definition, sexual misconduct.
Consent is defined as the mutual agreement between both parties as to the appropriateness of a particular sexual behavior including time and place. Other acts that are non-consensual and may include, but are not limited to, those acts committed by force, intimidation, or the use of the victim's mental incapacity or physical helplessness.
Adjudication and Sanction
A student or employee charged with sexual misconduct can be disciplined under the university's conduct code and may be prosecuted under Virginia criminal statutes. Even if the criminal justice authorities choose not to prosecute, university officials can pursue disciplinary action which may result in dismissal from the university.
Retaliation
Retaliation is prohibited. The Compliance Officer will investigate any reported acts of harassment or intimidation, including any act of reprisal, interference, restraint, or penalty - overt or covert- against any student, faculty, or staff who is a party to a complaint or associated with the proceedings described in this policy, including witnesses and members of the Compliance Review Panel.
Records
All records pertaining to the conflict resolution phase and/or formal phase will be kept, in the case of members of the faculty and administrative employees in the Personnel Office, or in the case of students in the Office of Student Affairs, for a period of five years from the most recent finding of sexual harassment, except in cases where the accused is not found responsible for sexual harassment.
The university encourages all members of the university community to be aware of both the consequences of sexual misconduct and the options available to survivors. The university urges survivors to seek assistance using appropriate resources including Student Affairs Professionals.
Complaint Procedures
Informal Phase
Initially, effort should be made to resolve complaints informally whenever informal resolution appears possible. A person who feels he or she may have been sexually harassed may attempt to resolve the matter by informing the alleged offender of the unwelcome behavior or the person may so inform his or her own supervisor. If the alleged offender does not change the unwelcome behavior after being informed, or if the offended individual is uncomfortable about approaching the alleged offender directly or indirectly through his or her own supervisor, the procedures described below for filling a complaint are to be followed.
Conflict Resolution Phase
The President has appointed the Director of the Academic Success Center as the university’s Compliance Officers, hereinafter referred to as the Compliance Officer. Faculty, staff, or students who feel they have been victims of sexual harassment are to contact the Shenandoah University Compliance Officer within six months following the last incident of the alleged unwelcome behavior.
The Compliance Officer and the complainant will hold a confidential interview to discuss the alleged unwelcome behavior. The Compliance Officer will also share information regarding the definition of sexual harassment and possible action that may be taken in response to the alleged unwelcome behavior. In the case where the accused was not informed that a behavior was unwelcome prior to the conflict resolution phase, it may be sufficient that upon being informed that the behavior was unwelcomed that the accused agrees to cease the behavior.
If the complainant determines that he or she wishes to take action, a verbal or written complaint is to be presented to the Shenandoah University Compliance Officer. The Compliance Officer will, within thirty working days, meet separately with the accused, the accuser, and such other persons deemed necessary to determine if there is reasonable cause for the complaint. The Compliance Officer will present resolution strategies separately to the complainant and the accused. Resolution strategies may range from the disposing of the case due to insufficient evidence, to action as may be warranted by the circumstances of the case. Ultimately, a mutually-satisfactory resolution will be sought among all parties involved, including the Compliance Officer, the accuser, and the alleged offender. To the extent the parties are able to achieve a satisfactory resolution of the problem or issue during this 30-day conflict resolution phase, the complaint will be considered resolved.
If a mutually satisfactory resolution cannot be achieved, the complaint either will be advanced to the formal phase, described below, or concluded upon the request of the accusing party.
The fact that a complaint of sexual harassment may be concluded at the request of the accusing party does not preclude the filing of a formal complaint by others, including appropriate University officials.
Formal Phase
Formal complaints of sexual harassment must be filed in writing with the Shenandoah University Compliance Officer under the following conditions: 1) mutually satisfactory conflict resolution was not achieved, and 2) the formal, written complaint must be filed within ten working days of the unsuccessful completion of the conflict resolution phase.
Upon receipt of a formal, written complaint, the Compliance Officer will, within ten working days, inform the accused in writing of the following: that a formal complaint of sexual harassment has been filed, the nature of the complaint, that a formal hearing is to be convened regarding the charges, the maximum disciplinary action that may be taken, and appeals processes. Within thirty calendar days from the day in which the accused was formally notified of the complaint against him or her, the Compliance Officer will convene the 4-person Compliance Office Review Panel for the purpose of hearing the alleged charges. The Compliance Officer serves as chair of the panel.
The Review Panel consists of (a) if the accused is a member of the faculty, the faculty member’s department chair, another department chair, and the faculty member’s Dean or Director; (b) if the accused is a student, the President of the Student Government Association, the Chair of the Education Policies Committee of the University Senate, and the Vice President for Student Affairs; and (c) if the accused is a staff employee, the employee’s supervisor, another supervisor, and the Vice President for Administration and Finance.
To ensure an impartial panel, no member may have had prior involvement in the investigation of the complaint or be in a direct or indirect subordinate position to either party. Also, a panel member may remove him or herself from the panel for a particular case if he or she feels rendering of an objective decision is not possible due to a personal relationships with any of the parties involved. In such an event, the President shall appoint an appropriate member to the panel for hearing that particular complaint. Any panel member who cannot attend a particular hearing for a compelling reason must be replaced for that hearing by an appropriate member appointed by the President.
Hearings involving charges of sexual harassment will be closed to the University community-at-large and the public. In addition to the Compliance Review Panel, the complainant, and the accused, others present at the hearing may include: a) one advisor each for the complainant and accused, b) witnesses called by the complainant and the accused, c) witnesses called by the Compliance Review Panel, and d) legal counsel for either party. Legal counsel may not address the Compliance Review Panel, but may offer private consultation as the hearings proceed. Should the legal counsel for either party attempt to address the Compliance Review Panel, the process described herein is suspended. Ultimately, each party involved in the formal process has the right to bring an advisor, to call a reasonable number of witnesses, and to be present during the entire hearing. All persons attending must agree to maintain confidentiality regarding the proceedings.
The testimonies of both the complainant and the accused shall be heard by the Compliance Review Panel. The testimony of witnesses offered by the complainant and the accused will also be accepted. The Panel may also hear testimony from parties who may have relevant information for the case, but only after notifying the accused and the complainant at least three working days prior to the scheduled hearing as to the names of such parties. Evidence of prior disciplinary action involving allegations of sexual misconduct or sexual harassment of the accused may be considered by the Panel but the prior sexual activities of either the complainant or the accused which are not relevant to the issue before the Panel, as determined by the Compliance Officer, will not be admissible.
Findings, conclusions, and recommendations of the Panel must be based on a preponderance of the evidence presented and shall be the result of a majority vote of the Panel. In determining whether alleged conduct constitutes sexual harassment or other misconduct, the Panel will look at the facts and records of the case as a whole and at the totality of the circumstance, such as the nature of the sexual advance and the context in which the alleged incident or incidents occurred.
After hearings all of the evidence, the Panel shall deliver to the President and the accused its written findings of the facts, its determination of whether sexual harassment has occurred and its recommendation for a disposition of the case. If the accused is a student, FERPA regulations prevent disclosure of any discipline or penalty imposed.
If evidence supports the finding that sexual misconduct has taken place, the recommended disposition is to be appropriate and reasonable according to the merits of the case, and may include censure, probation, educational experience, separation (suspension) and/or dismissal.
Following review of the Panel findings and recommendations, providing no appeal is received from the accused or complainant, the President will decide the disposition of the case, which decision is final.
Appeal Process
If the accused or complainant believes he or she did not receive a fair hearing or disagrees with the finding of fact or recommended disposition, the accused may request in writing a review of the case by the Appeals Panel. Except when the Review Panel recommends dismissal of a faculty member holding tenure or the equivalent professional contract, the Appeals Panel shall consist of a Dean or Director appointed by the President, the Chair of the Faculty Affairs Committee of the University Senate and the Vice President for Academic Affairs. When the Review Panel recommends dismissal of a faculty member holding tenure or the equivalent professional contract, the Appeals Panel shall consist of the Chair of the Faculty Affairs Committee of the University Senate, the President of the University Senate, and the Vice President for Academic Affairs. The procedure for substitution to the Compliance Review Board shall apply to the Review Panel.
The written request for a review must be submitted to the Compliance Officer within five working days following notification of the findings and recommendation of the Compliance Review Panel. The Appeals Panel shall complete its review of the findings and recommendation within thirty calendar days, by which time the Appeals Panel shall make a written report to the President. Following review of the report of the Appeals Panel, the President will decide the disposition of the case, which decision is final.
SMOKING
Smoking is prohibited in all buildings of the university including residence halls and rooms. Smoking is defined as the lighting or burning of any pipe, cigar, cigarette, or other tobacco product. Shenandoah University is committed to providing a safe, healthy, and pleasant learning and work environment for its students and employees. Medical research has shown that smoking poses hazards to the smoker’s health and that passive smoke is hazardous to nonsmokers. Smoking is prohibited within 30 feet of building entrances.
SOLICITING, SELLING, SURVEYING, AND PUBLICIZING
No person or organization shall engage in advertising or selling any goods, services, or tickets; solicit for any purpose whatsoever on Shenandoah property or in Shenandoah operated buildings, or survey students without first obtaining the written approval of the Student Affairs Office. Surveys that are a part of an academic requirement must be approved by the instructor, School Dean, and the Vice President for Student Affairs.
Student organizations planning to conduct programs on or off campus requiring a contractual agreement with non-Shenandoah agencies, must obtain the written approval of the Director of Student Activities. Non-student and non-Shenandoah related organizations may not sell or solicit on the campus for any purpose whatsoever without written authorization from the Director of Student Activities. No door to door solicitation is permitted.
Various student activity programs require the use of sound amplification equipment. Shenandoah reserves the right to specify where and when such amplification equipment may be used. Permission and specification for use of sound amplification equipment on campus must be obtained from the Student Activities Office.
THEFT/POSSESSION OF PROPERTY WITHOUT AUTHORIZATION
No student shall steal, attempt to steal, or assist in the theft of any service, money, property, or item of value not belonging to him or her. No student will illegally use or appropriate any property not belonging to him or her. Possession of the property of another, of the University, or of any organization or institution without proper authorization is a violation of this policy.
Any individual refusing to leave an area as directed by an authorized faculty or staff member is guilty of trespassing. Any unauthorized individual entering a Shenandoah operated building which has been closed or locked shall be guilty of trespassing.
No student shall enter or remain in a private room, office, or restricted area under the control of another student, faculty member, or Shenandoah official, except by permission or invitation of the resident student or the appropriate Shenandoah official or faculty member.
UNAUTHORIZED USE OF UNIVERSITY PROPERTY OR DOCUMENTS
No student shall use, possess, or sell any parking hang tag, student ID (Hornet Card), keys, or official Shenandoah documents which were issued by Shenandoah to another individual.
VIOLENCE/ATTEMPTED VIOLENCE
No student shall engage in any form of violence directed towards another person or group of people. Responding to violence with violence is a violation of this policy. A violation of this policy is defined as a Class 1 misdemeanor punishable by up to 1 year in jail and/or a fine of up to $2500. Attempting to cause injury to an individual is also prohibited.
No student shall keep, use, possess, display, or carry any rifle, shotgun, hand gun, knife, or other lethal or dangerous device capable of casting a projectile by air, gas explosion, or mechanical means on any property or in any building owned or operated by Shenandoah or in any vehicle on campus. Realistic facsimiles of weapons are also specifically not allowed.
(June 2008)