Rights Student and Regulations Compliance Manual Policy and Procedures University Security Information Crime Statistics and Policy Report Campus Safety and Equity Resource Suppose YOU Were Raped Tomorrow Student Rights, Student Rights and Regulations Compliance Manual Regulations, and Sexual Harassment Policy and Procedures Procedures University Security Information Handbook Crime Statistics and Policy Report 2002-2003 On-Campus Safety and Equity Resource Suppose YOU Were Raped Tomorrow Students Rights and Regulations Compliance Manual Harassment Policy and Procedures University Security Information Crime Statistics and Policy Report On-Campus Safety and Equity Resource Suppose YOU Were Raped Tomorrow
DATE: August 2002 TO: All Students and Employees
FROM: Student and University Affairs
The college and University Security Information Act (PA. Act 1989-73), the Drug Free School and Communities Act Amendment of 1989 (U.S. Public Law 101-226), the Crime Awareness and Campus Security Act of 1990 (Public Law 101-542), the Family Educational Rights and Privacy Act of 1988, and the Higher Education Amendments of 1998, require that certain information be distributed annually to all students and employees. STUDENT RIGHTS, REGULATIONS AND PROCEDURES HANDBOOK: Included in this handbook is the following: 1. 2. 3. 4. 5. Campus standards prohibiting unlawful possession, use or distribution of illicit drugs. Description of laws pertaining to unlawful possession and distribution of illicit drugs and alcohol. Description of health risks associated with the use of illicit drugs and abuse of alcohol. Description of drugs and alcohol treatment, rehabilitation programs and description of sanctions. Explanation of sex-offense policies, procedures and possible sanctions.
SECURITY REPORT Clarion University's annual security report includes statistics for the previous three years concerning reported crimes that occurred on campus; in certain off-campus buildings owned or controlled by Clarion University; and on public property within, or immediately adjacent to and accessible from the campus. The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, and other matters. You may obtain a copy of this report by accessing the following Website: http://www.clarion.edu/securityinfo.
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Contents
Student Rights and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Students Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In the Classroom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Student Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Student Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Maintenance of Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Release Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Student Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Conduct Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Conduct Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Conduct Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Organization Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Academic Honesty Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Policy on Withdrawal, Reassignment and/or Termination of a Field Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Rules and Regulations of the Field Site . . . . . . . . . . . . . . . . . . . . . 12 Rules and Regulations of the University . . . . . . . . . . . . . . . . . . . . . 12 Policy Reasons for Field Assignment Withdrawal, Reassignment and/or Termination . . . . . . . . . . . . . . . . . . . . . . . . 13 Initiation Process for Withdrawal, Reassignment and/or Termination . . . . . . . . . . . . . . . . . . . . . . . . 13 Appeal Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 The PA Anti-Hazing Law and Clarion University Anti-Hazing Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 General Residence Hall Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section I: Visiting in Public Areas . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section II: General Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section III: Visitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Fraternity/Sorority Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Food Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Disciplinary Procedures Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Misconduct Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Misconduct Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Informal Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Formal Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Conduct of Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Use of Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Adjudication Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 University Conduct Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Disciplinary Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Disciplinary Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Reprimand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Additional Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Student Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Compliance Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Drug-Free Schools and Communities Act and Drug-Free Workplace Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 State System of Higher Education Drug-Free Workplace Policy Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Disciplinary Sanction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Employer Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Clarion University Alcohol Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Alcohol On Campus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Alcohol Off Campus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Alcohol and Other Drug Violations and Penalties . . . . . . . . . . . . . . . . . 29 Alcohol Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Illicit Drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Controlled SubstancesUses and Effects . . . . . . . . . . . . . . . . . . . . . . . . 32 Federal Trafficking PenaltiesMarijuana . . . . . . . . . . . . . . . . . . . . . . . . 36 Clarion Campus Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Services Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Sexual Harassment Policy and Procedures . . . . . . . . . . . . . . . . . . . . . . . . 41 Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Definition of Sexual Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Presidential Commission on Sexual Harassment . . . . . . . . . . . . . . 43 Informal Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Formal Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Sanctions and Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Retaliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Venango Campus Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Suppose You Were Raped Tomorrow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Police Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 On-Campus Safety and Equity Resources . . . . . . . . . . . . . . . . . . . . . . . . . 50 Sexual Harassment/Sex Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . 51 Racial Harassment/Ethnic Intimidation . . . . . . . . . . . . . . . . . . . . . . . . . 52 Disability Harassment/Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Sexual Orientation Harassment/Discrimination . . . . . . . . . . . . . . . . . . . 52 Veterans' Status Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 All Other Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Additional Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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Student Rights and Regulations
Preamble
Clarion University of Pennsylvania exists for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the university community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. Academic freedom is essential to this community of scholars. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the university community.
Student Rights In the Classroom
The professor in the classroom and in conference shall encourage free discussion, inquiry, and expression. Student performance shall be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards. Students shall be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled. Information about student views, beliefs, and political associations which professors acquire in the course of their work as instructors, coaches, advisors, and counselors shall be considered confidential. Judgments of ability and character may be provided with the knowledge and consent of the student. Students may protest improper disclosure. Disagreements between students and faculty on student rights and academic complaints against faculty members may be dealt with in the following manner. The student may first explain the problem either to the appropriate departmental chair or college dean. The student is entitled to a private conference with the administrator and to a conference involving both the administrator and faculty member. If the student is still in conflict with the decision of the departmental
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chair, the student may appeal the decision to the college dean. The decision of a college dean may be appealed to the provost and academic vice president. Student, faculty member, and department chair must be informed of the decision at each administrative level. Cases involving an alleged violation of students' academic rights may be heard by the university Conduct Board. A student who has a grievance involving academic rights must file a complaint with the vice president for student and university affairs to initiate the hearing.
Student Publications
The student press shall be free of censorship and advance approval of copy, and its editors and managers shall be free to develop their own editorial policies and news coverage within guidelines established by the agency responsible for the appointment. Editors and managers shall be protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content. Only for proper and stated causes shall editors and managers be subject to removal and then by orderly and prescribed procedures. The agency responsible for their removal before the appointment of editors and managers shall be the agency responsible for their removal before the Conduct Board. All university published and financed student publications shall explicitly state on the editorial page that the opinions there expressed are not necessarily those of the university or the student body.
Student Records
It has been a long-standing policy of Clarion University to publish a statement of Student Rights, Regulations and Procedures. Included in this statement is a policy on student records. This policy is included in this Student Rights and Regulations Handbook, which is available to all students from the Office of the Vice President for Student and University Affairs, 222 Egbert Hall. The privacy rights of parents and students with respect to educational records are enunciated in the General Education Provisions Act. Copies of this act are available for inspection at the Office of the Vice President for Student and University Affairs, 222 Egbert Hall, and the Office of the Provost and Academic Vice President, 115 Carrier Hall. Students' education records, except that information which is otherwise public, are confidential in nature. Release of these records shall occur only upon consent of the student, or the parents or guardian if the student is under 18, or upon subpoena.
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Exceptions to this requirement are: 1. The release of records to parents or guardians of dependent students. Under Department of Education regulation, dependency cannot be assumed. Therefore, an authorization from the student must be on file or a tax form demonstrating the student's dependency must be submitted. The release of records to administrators and faculty of the university when such information is necessary to conduct their university duties. The release of records for research when the identity of the student can be protected and when the researcher can assure acceptable standards of confidentiality. If such assurance is questionable, the university shall obtain the consent of the student prior to the release of information.
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Maintenance of Records
1. No record of information shall be made or retained unless there is demonstrable need for it which has a reasonably substantial relevance to the educational and related purposes of the university. The categories, locations, and officials responsible for records maintenance are: a. Academic RecordsRegistrar, 122 Carrier Administration Building; b. Student Discipline RecordsOffice of Judicial and Mediation Services, 212 Egbert; c. Credential RecordsDirector of Career Services, 110 Egbert; d. Financial RecordsDirector of Financial Aid, 104 Egbert; and e. Student Accounts Records, B-15 Carrier. No records of religious or political beliefs shall be made or retained by the university without the student's knowledge or consent. Academic transcripts shall include current and non-current academic suspension and probation, awards, honors, and prizes. Student disciplinary records are retained for a minimum period of two years as required by SSHE Board of Governors guidelines. Students shall have the right to inspect their records, the release of which requires the student's consent. The inspection or review of a record requires that the student personally make such a request at the office in which the record is maintained by completing an InspectionRequest Form. Every record containing information about a student's character shall state when the information was acquired and the name and position of the person who gave it. The right to inspect records does not include direct access to medical, psychiatric, or counseling records which are used solely in connection with treatment. Except for publicity releases concerning students' achievement and honors, the university shall release nothing more than "directory
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information" without the student's consent. The following are considered to be "directory information": the student's name, university and permanent addresses, and telephone numbers, university E-mail address, dates of registered attendance, nature of any degrees granted, and the date they were conferred. A student may refuse to permit disclosure of any or all "directory information" by submitting in person to the Office of the Registrar, 122 Carrier Hall, during the first five days of each semester, written statement of such refusal. 10. As the right of privacy belongs to the individual, the student may relinquish this right. When a request for confidential information concerning a student or graduate has been made by a proper agency and the student has formally authorized in written form the release of that information, the university is obligated to respond. 11. The university will provide the opportunity to challenge information contained in any file or record regarding a student which, in the opinion of that student, is not accurate. If, when reviewing a record, a student desires to discuss the content of that record, the student may formally request a hearing with the Office of the Vice President for Student and University Affairs for that purpose.
Release Procedures
1. Students requesting access must fill out a "Student Request for Access" (Form 001) which may be obtained from the office where the files are located. When a student completes this, the student must return it to the location of the file or record. This form is then kept with the record and completed with the appropriate information, which includes the date the notice is sent to the student and the date the student reviews the information. The office from which information is requested should arrange to have the student review the record on file in the presence of a staff member from that office, and notify the student of time, date, and location of this review. An effort should be made to reply within seven to ten days of the request, if this is possible. The student should be allowed to review information only after presenting a valid student I.D. and only in the presence of a representative of the office. The student should not be permitted to remove records from any office. If a student wishes copies of any original file or record, the student must assume costs of reproduction. Academic transcripts are $3 each. All other records are 50 cents per page. If a student wishes to question or challenge the content of any file or record, the student may apply to the office of the vice president for student and university affairs (Form 003). An administrative hearing will be granted by the vice president for student and university affairs or a designate, with complete procedural due process granted to all parties.
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If a hearing results in a decision to amend a record or file, notice of such change will be given by the hearing officer. The student will receive a copy of the amended record or file. If the decision is not to make such a change, the student shall be afforded the opportunity to place a statement of comment in the record. 7. No records, files, or information, other than directory information, are to be released to any third party without the written consent of the student (Form 004). 8. Requests for information which are not accompanied by a written consent may be responded to with Form 005, which requires the party requesting the information to obtain written consent. 9. All files, folders, and records must contain a Record of Inspection (Form 006). This form must be signed by any individual using the information for legitimate educational interest, as defined by the law, and must state specific use of the information. 10. Form 007 should accompany any outgoing information on individual students. This indicates that information cannot be released to a third party without the student's consent. 11. If a file contains information about more than one student, for example, grade books, the individual student may not have access to it in order to protect the rights of other members of that class. However, individual information must be provided in the appropriate manner.
Student Regulations Conduct Policy
Clarion University students are expected to regulate their conduct according to the laws of society, of which the university is a part, as well as the rules of the educational community. It is an implicit expectation of the educational community that student members will engage in the activities associated with that role. Therefore, a student may be charged with misconduct and be subject to university discipline for offenses against the law or the rules of the university.
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Conduct Jurisdiction
University authority will be used only to discipline students for misconduct which falls under its jurisdiction. The exercise of university discipline authority, however, does not protect the student from, nor does the university consider it to be a substitution for, civil or criminal prosecution. In general, the scope of university disciplinary authority is limited to the university's: 1. 2. 3. 4. 5. Concern with matters which impinge upon academic achievement and standards, and the personal integrity of its students. Obligation to protect its property and the property of members of its community. Interest in the mental and physical health and safety of members of its community. Concern for preserving the peace, for ensuring orderly procedures, and for maintaining student morale. Responsibility for character development, for maintaining standards of decency and good taste, and for providing an appropriate moral climate on the campus. Protection of its good relations with the community.
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Conduct Regulations
As members of society, students have a responsibility to be familiar with the law. Among the acts prohibited by law and university regulations are: 1. 2. 3. Acts against people, including assault, harassment, coercion, personal abuse, and other acts causing or threatening injury or danger to people. Acts against property, including vandalism, theft, trespass, tampering, and other acts causing or risking damage or loss of property. Acts against public order and decency, including disorderly conduct, fighting, unreasonable noise, public intoxication, and other acts of disruption or disturbance. Sexual acts against people, including rape, deviate sexual intercourse, indecent assault, or indecent exposure. Ethnic intimidation; acts against people, property, or public order committed with malicious intent toward the race, color, religion, or national origin of another individual or group. Possession, use, and sale of controlled narcotics and drugs. Possession or use by, and sale or furnishing of, alcoholic beverages to those under 21 years of age. False alarms of fires, bomb threats, and other emergencies. Misuse or tampering with fire fighting equipment.
4. 5.
6. 7. 8. 9.
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As members of the university community, students have a responsibility to be familiar with the conduct regulations found in the Students Rights, Regulations and Procedures Handbook, and other university documents. These university regulations include the following prohibitions: 1. 2. 3. Acts of academic dishonesty, including plagiarism or cheating on assignments, examinations, or other academic work. Misuse or unauthorized use of university transcripts, records, or identification. Possession or use of firearms, firecrackers, explosives, or other dangerous substances or articles in or around university and university supervised facilities or on university property. Possession or consumption of alcoholic beverages in or around university and university supervised facilities or on university property. Unauthorized use of or possession of university and universitysupervised facilities or property. Breach of building security measures in university and universitysupervised facilities. Falsification of information given during a university disciplinary investigation or hearing. Willful obstruction of a university staff member in the performance of duties. Failure to comply with university disciplinary procedures and decisions. Failure to provide identification upon the request of a properly identified university staff member. Acts of sexual harassment, including any unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature.
4. 5. 6. 7. 8. 9. 10. 11.
Organization Regulations
1. Groups wishing to engage in fund-raising activities on campus or in university-supervised facilities must have prior written approval from the Office of Student Activities. Permission is limited to those organizations with official university recognition, those in the process of becoming recognized, and other student groups or activities affiliated with academic programs or offices. No fund-raising activities will be approved which involve door-to-door solicitation, nor will projects be approved for individual students. All on-campus social functions sponsored by campus organizations, fraternities, and sororities are to be registered in the Office of Student Activities.
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All pledging activities, including initiations, shall be conducted in a way as not to embarrass or injure participants or in any way reflect negatively upon Clarion University. Hazing and one-way initiation rides are prohibited. Conducting pledging activities at strip mine sites is prohibited. All university organizations must comply with authorized requests. The serving of alcoholic beverages by an organized student group to any student which contributes to subsequent conduct that causes the student to be charged under the university Adjudication Code is prohibited. Under this policy the administrator of the code may charge the group, individuals, or both, with a violation. All official posters, signs, notices, etc., must be posted on bulletin boards designated for that purpose. Such information must not be attached to walls or surfaces not designated as bulletin boards. All such bulletin board materials must be approved by the appropriate departments of the buildings in which the bulletin boards exist. Unauthorized materials will be removed from bulletin boards or places of posting. Because of space limitations, posters should not exceed the standard size of 22" in height and 17" in width. The university cannot assist with, cooperate in, approve, or otherwise condone any activity which involves violation of commonwealth laws. Therefore, a student group or organization which utilizes university facilities in the advertisement of such an activity, or which is found to have engaged in such an activity, shall be in violation of university policy.
Academic Honesty Policy
Students at Clarion University shall maintain a high standard of honesty in scholastic work. As members of the university community, students have a responsibility to be familiar with the conduct regulations found in the university catalogs, Student Handbook and Calendar, Residence Hall Handbook, Student Rights, Regulations, and Procedures Handbook, and other university documents. Among the conduct regulations addressed are acts of academic dishonesty, including plagiarism or cheating on assignments, examinations, or other academic work, or without prior approval of the instructor, submitting work already done for another course. Students shall avoid all forms of academic dishonesty, including, but not limited to: 1. Plagiarism--the use of another's words without attribution or without enclosing the words in quotation marks. Plagiarism may also be defined as the act of taking the ideas or expression of ideas of another person and representing them as one's own-even if the original paper has been
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paraphrased or otherwise modified. A close or extended paraphrase may also be considered plagiarism even if the source is named. Collusion--when specifically prohibited in advance by the instructor, collaborating with another person in the preparation of notes, themes, reports, or other written work offered for credit. Cheating on an examination or quiz--giving or receiving information or using prepared material on an examination or quiz. Falsification of data--manufacturing, falsification of information, including providing false or misleading information, or selective use of data to support a particular conclusion or to avoid conducting actual research.
Complaints of academic dishonesty may be brought against a student by any member of the academic community. Sanctions for academic dishonesty can range from a failing grade on a particular assignment or examination to dismissal from the university, based on the seriousness of the action and whether it is part of a pattern of academic dishonesty. Instructors imposing a lowered or failing grade on an assignment or course as a result of a charge of academic dishonesty must inform the student. Students have the right to appeal instructor decisions (Student Rights, Regulations, and Procedures Handbook) either through the grade appeal process (see section on Student Rights in the Classroom) or directly to the Conduct Board (see section on Adjudication Appeals), depending on the nature of the dispute. Sanctions extending beyond a particular course, such as suspension or dismissal from an academic program or from the university can only be imposed as the result of complaints filed under the Disciplinary Procedures Code and after Formal Hearings under this code.
Policy on Withdrawal, Reassignment and/or Termination of a Field Assignment Background
Clarion University collaborates with a large number of business organizations, school districts and other agencies each year to provide field experiences for majors. The university requires these field experiences and so do many of the licensing boards that govern the specialty areas Clarion graduates are entering. Field experiences consist of, but are not limited to, student teaching, participation in nursing clinics, or internships and externships with local businesses or government agencies. Clarion University is able to place field participants (students) in particular settings because the business organizations, school districts, or agencies invite those participants to experience activities in the field as guests of the business organization, school district or agency. Accordingly, the field participants must recognize that the university has been given the privilege to place students at
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field sites and, therefore, the overriding factor is that the student is at all times a guest of that business organization, school district, or agency.
Rules and Regulations of the Field Site
Each field site has regulations, procedures, institutional practices, and professional expectations for personnel, which apply to field participants assigned to the business organization, school district or agency. It is the responsibility of the field participant to become aware of the expectations, rules, and the code of conduct at the business organization, school district or agency to which he or she is assigned. The acceptance of a field assignment indicates an understanding of the guest/host relationship and an understanding that the field participant is expected to abide by the regulations, procedures, institutional practices, and professional expectations of the particular business organization, school district or agency in which the assignment has been accepted. Field participants are ultimately guests of the cooperating business organization, school district or agency and may be removed by the business organization, school district or agency officials.
Rules and Regulations of the University
The students must abide by the university's Student Rights, Regulations and Procedures Handbook. Copies of this handbook are available in the Office of the Vice President for Student and University Affairs, 224 Egbert or in the Office of Social Equity, 207 Carrier. In addition, the university has other regulations, procedures, institutional practices, and professional expectations for students, which apply to field participants assigned to business organizations, school districts, or agencies. It is the responsibility of the field participant to become aware of the expectations (qualifications and conditions), rules, and the code of conduct at the university. It is the underlying premise of Clarion University that any student within any of the degree programs available at the university will need to meet the qualifications and conditions for application for field experiences regardless if the student must do so with or without assistance devices. If the student, as a field participant, cannot meet the qualifications and conditions for application in a field experience, then he or she should contact the university official responsible for directing the field services hereafter referred to as the director of Field Services. Should a student at anytime believe that he or she needs to be accommodated due to a disability, then that student should contact not only the director of Field Services, but also the coordinator of Disabilities Support Services (DSS) at Clarion University. A student may be removed from a field placement for either unsatisfactory academic performance or due to unacceptable behavior. If at any time under any of the initiation processes or during the appeal process, the student can demonstrate that the reason for his or her unsatisfactory academic performance or unacceptable behavior is due to a disability-related issue, then the student should
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make the director of Field Services aware of this matter in writing. As soon as the director of Field Service is aware of such issue, the director of Field Services shall have the obligation to inform the coordinator of the Disability Support Services for consultation, to request an appropriate assessment and, if necessary, to permit the participation of the coordinator as a part of the committee during the review processes. It should also be noted that since each student's situation is different, each case that falls under this policy would be determined on a case-bycase basis.
Policy Reasons for Field Assignment Withdrawal, Reassignment and/or Termination
Clarion University may remove the field participant from a field assignment for any of the following reasons: 1. Behavior unacceptable to business organization, school district or agency: If the behavior exhibited by the field participant is not acceptable to the business organization, school district or agency, the business organization, school district or agency initiated process will be followed. Behavior unacceptable to university: If the university supervisor determines that the behavior exhibited by the student is not acceptable to the university, the university initiated process will be followed. Unsatisfactory skill performance within a business, school district or agency: If it is determined either by the cooperating professional or university supervisor or by the personnel administrator of the business organization, school district or agency that the skill performance or competency of the student is at an unsatisfactory level, then the university initiated process will be followed.
2.
3.
Initiation Process for Withdrawal, Reassignment and/or Termination
District or Agency Initiated: A request by the cooperating professional and/or a district administrator to terminate a student from a field assignment will receive an immediate response. A thorough review of the events leading up to the request by the business organization, school district or agency will determine whether or not remediation, withdrawal or termination is appropriate.* If the behavior exhibited by the field participant is not acceptable to the business organization, school district or agency, the business organization, school district or agency decides unilaterally as to whether the student will be automatically terminated from that field assignment or whether further review will be given by the personnel administrator in collaboration with the cooperating professional, the university supervisor, and the director of Field Services to determine the appropriate course of action to be taken. If the business organization, school district or agency gives further review with the student, and
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improvement is evidenced satisfactorily to the organization, school district or agency, no further action will be taken by the business organization, school district or agency. However, if the behavior continues, at the discretion of the business organization, school district or agency, the field assignment will be terminated. Moreover, if the field assignment is terminated by the business organization, school district or agency without further review being permitted by that business organization school district or agency, then the second level of review under the university initiation process will be followed at this point. Situational: A student who withdraws from a field assignment citing extenuating circumstances that are beyond that student's control, such as health or other personal reasons, may request future consideration. Conditions for that reconsideration should be stated in writing by the student to the director of Field Services.*
* If the initiation process is instituted by either the district or situational, then the director of Field Services in conjunction with the university supervisor and the student will make an initial determination. Such determination shall be placed in writing by a letter and given to the student from the director of Field Services as to how the student will proceed in his or her degree program.
University Initiated: If it is determined by the university supervisor that the competency of the student is at an unsatisfactory level of performance (whether academic or behavior related), based on the competencies indicated on either the appropriate evaluation form for whichever field assignment the student is participating in; or are not in the best interest of the clients, a three-way conference of the cooperating professional, the university supervisor, and the student will be held to discuss the concern, possible outcomes, and remedial strategies. This action will result in earnest attempts by the cooperating professional and university supervisor to assist the student with acknowledging problems and making corrections as documented in writing in the student observation reports. If the initial conference did not alleviate the unsatisfactory level of performance by the student, a second level of review will result with a committee consisting of the three parties, as identified above, in conjunction with the director of Field Services. At the second level of review, it will be determined whether there will be a withdrawal, reassignment or termination of the field assignment. This committee may recommend an intervention course, if available, within the student's degree program. If the student is given the option of the intervention course and elects to take the same, a student upon successfully completing such course, may be reassigned to a field assignment. If a remediation strategy is inappropriate for the situational needs of the student, recommendations for other available options will be discussed on an individual basis with the student at the time of the termination of the assignment. In the event the second level of review process is being used as a result of the initial business organization, school district or agency initiated process, then the cooperating personnel manager will not be apart of the review at this second level.
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Any exceptions to the above rule under the university initiated process would include, but not be limited to, those policies as outlined in the Student Rights, Regulations and Procedures Handbook as well as the Non-Discrimination Policy and Procedures Handbook.
Appeal Process
If a student as a field participant is not satisfied with the decision made by the university as it relates to the initial determination of a withdrawal, reassignment or termination, then that student will have five (5) business days from the date they are notified of that decision to appeal such decision to the dean of the college from which that student is seeking a degree (certification officer). The dean will convene a committee comprised of herself/himself, the department chair of the student's degree program, and the academic advisor or a departmental designee. The committee will render a decision regarding the withdrawal or termination of the field assignment. If the student, as a field participant, remains dissatisfied with the results at this level of determination, he or she should so inform the provost and academic vice president within five (5) business days from the date that he or she was informed of the findings at this level. If the student is, as a field participant, dissatisfied with the findings of the provost and academic vice president, he or she should so inform the president within five business days of the date he or she was informed of the provost's findings. At any juncture during the appeal process, if the student believes he or she has or is being discriminated against, the non-discriminatory process shall be used. The university's Non-Discrimination Policy and Procedures Handbook sets forth the procedures and review process that must be utilized in such instances. A copy of this policy can be obtained in the Office of Social Equity, 207 Carrier, Clarion, Pennsylvania 16214. The telephone number of the Office of Social Equity is 814-393-2109.
The Pennsylvania Anti-Hazing Law and Clarion University Anti-Hazing Policy
Act 175 of the General Assembly makes hazing a criminal offense within the Commonwealth of Pennsylvania. "Hazing" is defined in the law as:
Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under the sanction of an institution of higher education. The term shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug or other substance, or any other forced physical activity which could adversely affect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced
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activity which could adversely affect the mental health or dignity of the individual. For purposes of this definition, any activity as described in this definition upon which the initiation or admission into or affiliation with an organization is directly or indirectly conditioned shall be presumed to be "forced" activity, the willingness of an individual to participate in such activity notwithstanding.
Hazing is deemed criminal misconduct and is made a third degree misdemeanor, punishable by a year's imprisonment. 24 P.S. 5353 (Purdon's Leg. Service); 18 P.S. 1101. Colleges and universities are expressly authorized to suspend, expel, or fine students who engage in hazing, and to withhold grades and diplomas to compel payment of fines. 24 P.S. 5354(3) (Purdon's Leg. Service). The object of the law is to ensure that no student at a Pennsylvania college or university, public or private, is subjected to physical or mental harm as a condition of joining, affiliating, or holding membership in fraternities, sororities, or other officially recognized student organization. An organization and its members are engaged in hazing if it engages in any activity, for purpose of initiation or continuing membership, which recklessly or intentionally endangers the physical or mental health of a student. This means any potentially dangerous forced physical activity; any activity which could cause a student to suffer extreme mental stress, as well as any other form of forced activity potentially harmful to the mental health or dignity of a student. Hazing activities include, but are not limited to, the following: whipping, beating, branding, forced calisthenics, exposure to the elements; forced consumption of any food; liquor, drugs (legal or illegal), or other substance; sleep deprivation, forced exclusion from social contact; conduct which could result in extreme embarrassment; and/or nudity, coerced sexual activity, confinement, physical restraints, or mental harassment. An organization and its student members are also engaged in hazing if pledge, initiation, or continuing membership activities cause the willful destruction or removal of public or private property. Act 175 provides that no student can consent to being hazed. Any activity falling within the definition of hazing activities is considered to be a forced activity, subjecting the organization and its members to the full range of penalties. In compliance with Act 175 and in accordance with long-standing policy, Clarion University has the following regulation:
All activities of student groups and organizations, including pledging and initiations, shall be conducted in such a way as not to embarrass or injure participants or in any way adversely reflect upon Clarion University. Hazing and one-way initiation rides are prohibited. Conducting pledging activities at strip mine sites are prohibited.
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In general, the following acts would constitute violations of the university regulation on hazing: 1. 2. 3. Conducting activities which are abusive and/or humiliating to participants. Coercing participation in disagreeable, objectionable, and/or embarrassing activities, and Engaging in activities defined by law as hazing.
Several factors need to be understood relative to violations of the university regulation. Firstly, the test for determining if an activity was abusive or humiliating does not rest solely on the reactions of the participants. If it is evident that such was the intent of the activity or the result of the activity, it would be hazing whether or not the participants believed the activity was hazing. Secondly, if continuation of pledging, initiation, or membership was contingent upon participation in an activity, that participation in effect coerced. Should the activity be disagreeable, objectionable, or embarrassing to a participant, it would be hazing. Thirdly, the consent of the participant has no effect upon the determination of the activity being recognized as hazing. Additional guidelines for determining the hazing potential of an activity are: 1. 2. 3. 4. 5. 6. The activity is liable to be harmful because it involves improper or wrongful use of something. The activity is liable to result in injury because the intent is to create an element of danger or fear. The activity involves deliberate maltreatment of participants. The activity is liable to be harmful due to negligence or lack of knowledge on the part of those conducting it. The activity would be degrading of participants because it would subject them to public shame, scorn, or ill-repute. The activity involves something which the participants would not freely do because of its offensiveness or unpleasant elements.
It should be remembered that university regulations are also violated by: 1. 2. Activities which are dangerous, either by their nature or the conditions under which they are conducted, and Activities in which the possibility of injury to participants is evident.
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Any organization found to have engaged in hazing may have its official recognition permanently revoked. Any student who participates in hazing may be fined, suspended, or expelled from the university. Hazing is also a criminal offense. Any student who participates in hazing may be arrested and prosecuted. Conviction may result in a jail term of one year in addition of any other applicable penalty under the Pennsylvania Crimes Code.
General Residence Hall Regulations
In addition to the provisions of the Conduct Code, there are general residence hall regulations which pertain to all students who use the halls whether as residents, guests, or visitors. A guest is a member of the same sex who has permission to stay overnight in a hall. A visitor is a member of the opposite sex who is permitted to be in a resident living area for periods of time defined by open house or visitation policies. Residence hall regulations are found in greater detail in the Residence Hall Handbook and in the individual hall council minutes and visitation policies.
Section I: Visiting in Public Areas
Pending completion of a new security card access system during the summer of 2002, residence halls will remain locked on a 24-hour basis with the exception of area desks in Campbell and Nair Halls, which have public offices open 24 hours using designated entrances. Students inside a building must not prop open locked doors. Because residence hall areas will be locked on a 24-hour basis, it is important that students familiarize themselves and their guests with our university policies, particularly our visitor/guest and escort policies. Outside telephones are available at the entrance to every residence hall.
Section II: General Prohibitions
Regulations governing the use of community equipment in the residence halls are established by each hall council. Prohibitions against cooking in resident rooms, open flames of any type, and other health and safety measures are to be treated as university regulations although enforced within the hall. Any student may be charged for damage done in a hall regardless of whether or not the student is a resident of the hall. Tape or nails may not be used on any walls. Painting or writing on hall property will result in an assessment. Identification cards that are used for building entrance and keys to residence halls and to hall rooms should be used only by the person to whom they are issued. Lending or improper use is a violation of regulations. The loss or theft of keys will result in a charge to the person to whom they were issued.
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Section III: Visitation
Visitation regulations in the individual halls must be strictly adhered to. Each hall visitation policy includes the following provisions binding on both the students and the visitors. 1. 2. Students are permitted to have visitors in their room only if there is no objection from their roommates. Visitors must be escorted to and from a student's room at all times. Unescorted visitors or guests at any time in any residence hall shall be presumed to be in violation of these rules and procedures. An unescorted visitor who is a student of the university shall be subject to university discipline. Unescorted non-students shall be subject to state and local trespass laws.
Fraternity/Sorority Housing
While the university does not inspect, approve, supervise, or otherwise regulate non-university housing, fraternity/sorority houses are subject to the authority of the Pennsylvania Department of Labor and Industry. Therefore, a housing unit owned, leased, or under the control of a local chapter, an alumni group, or a national, may be required by the Department of Labor and Industry to have a valid Certificate of Occupancy in order to operate. The determination of whether or not a housing unit is subject to this requirement is made by the Department of Labor and Industry. Both fraternity/sorority groups and landlords should be aware that such jurisdiction may be based on the residency of group members in a housing unit. Although the university does not assume any responsibility for non-university housing, the directors of Greek life and residence life are available to consult with fraternity/ sorority groups to assist in their compliance with relevant local and state regulations.
Food Service
Students must present ID/meal tickets to the checker at each meal for admission into the dining area. Meal tickets are NOT transferable. Dress regulations, adopted by Student Senate, June 25, 1969: STUDENTS SHOULD APPEAR IN NEAT AND APPROPRIATE ATTIRE.
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Disciplinary Procedures Code Administration
Administrative responsibility for student disciplinary procedures is assigned to the vice president for student and university affairs.
Misconduct Complaint
Any member of the university community may file a complaint alleging student misconduct. Complaints are filed using an Incident Report form, which is available at the Office of Judicial and Mediation Services, Room 212 Egbert, or at the Nair or Campbell Hall 24-hour service desks.
Misconduct Notice
When, as a result of a complaint by a member of the university community or as a result of a disciplinary investigation, there is reason to believe a student has violated conduct regulations, the student will be so notified in writing. The student must respond as required by the notice.
Informal Hearings
Cases not involving the sanctions of dismissal or suspension may be heard informally, as specified by university procedures, with notice and the opportunity to be heard afforded students. An adjudication officer, appointed from the professional staff of the Office of Student and University Affairs, will discuss the charges with the student and afford the student an informal hearing. Should the adjudication officer find justification, an appropriate disciplinary sanction will be issued. Should the adjudication officer find that the charges require further examination, or should the alleged misconduct merit consideration of suspension or dismissal, the matter will be referred for a formal hearing.
Formal Hearings
Such hearings shall be conducted, as warranted, by the Office of Judicial and Mediation Services or the University Conduct Board. The university's rules of procedure for formal hearings shall provide students with the following procedure guarantees: 1. Reasonable specific advanced written notice of charges containing a description of the alleged acts of misconduct, including time, date, and place of occurrence; and the rules of conduct allegedly violated by the student. Reasonably advanced written notice of the date, time, and place of the hearing, unless such right is waived in writing by the student. A reasonably sufficient interval between the date of notification of
2. 3.
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4. 5. 6.
7.
8.
9.
charges and the date of the hearing, to allow the student to prepare a defense. An opportunity for submission of written physical and testimonial evidence, and for reasonable questioning of witnesses by both parties. An impartial hearing which may consist of a committee, board, panel, or individual appointed by the university. Maintenance of a written summary or audiotape record of the hearing at university expense, though students may be required to pay the cost of copies of requested records. A decision based upon presented evidence sufficient to make a reasonable person believe that a fact sought to be proved is more likely than not. A written adjudication in which the facts and reasons for the decision are set forth with reasonable specificity shall be issued within 30 working days after the close of the proceedings. In cases of alleged sexual assault, the accuser shall be informed of the outcome of the hearing. A student may identify an advisor, who may be an attorney, to be present at hearings. The advisor may only consult and interact privately with the student, unless otherwise determined by the university regarding a particular case. In cases of alleged sexual assault, the accuser is entitled to have an advisor present at the hearing.
Conduct of Hearing
1. The conduct of hearings shall be committed to the university which may make all rules reasonable and necessary for the orderly and efficient disposition of cases. The conduct of hearings shall ensure that the accused student has had a fair and reasonable opportunity to answer, explain, and defend against the charges. The university shall have the burden of proof in all cases.
2.
3.
Use of Evidence
Hearings shall not be bound by formal rules of evidence. However, all evidence must be inherently reliable. 1. 2. Hearsay shall not be used as the sole evidence to establish any fact necessary to establish a violation has occurred or not. A student's previous disciplinary record shall not be used to establish whether or not a student has violated a university regulation in a current case. However, the hearing may include a student's previous disciplinary record, in the event a student has been found to be in violation as charged to determine the appropriate disciplinary penalty or sanctions to be imposed.
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3.
A student's failure to function as a student, irregular class attendance, failure to take tests or exams, or failure to complete assignments or requirements, may be considered in determining disciplinary sanctions.
Waivers
A student, through a written statement, may waive his or her rights to a hearing.
Adjudication Appeals
Decisions of adjudication officers that students have violated conduct regulations and decisions of faculty members that students have engaged in academic dishonesty may be appealed to the university Conduct Board. Decisions of the university Conduct Board or vice president for student and university affairs that students have violated conduct regulations may be appealed to the university president. Such appeals are made by submitting to the Office of Judicial and Mediation Services, within 72 hours of receipt of decision, a written statement specifying the reasons for the appeal. Discretionary authority to review adjudication decisions is retained by the university president. An appeal or review may in result a new hearing of the case, or the original decision may be affirmed, reversed or modified.
University Conduct Board
The Student and Faculty Senates will each appoint, from their respective constituencies and subject to approval of the president, at least five individuals who will be eligible to serve as Conduct Board members. An appointment will be for a term of two years. When a hearing is required, the Office of Judicial and Mediation Services shall convene a board composed of two students and two faculty from the eligible membership. The Director of Judicial and Mediation Services, in most cases, shall serve ex officio as presiding/recording officer and voting member. Temporary board members may also be appointed with the approval of the Vice President for Student and University Affairs. In addition to its jurisdiction as already defined, the university Conduct Board will hear the following: 1. 2. Cases involving administrative denial of a student's registration for non-academic reasons. Cases involving an alleged violation of a student's academic rights.
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Disciplinary Guidelines
The following apply to all misconduct cases: 1. Interim Suspensions The president or a designee may suspend students from the university, including their privilege to enter any university property or faculty pending the final disposition of their case if it is determined that their continued presence constitutes an immediate threat of harm to themselves, other students, university personnel, or to university property. In the event a student is suspended under such conditions, a hearing shall be convened within 10 working days unless extenuating circumstances warrant an extension, in which case a hearing would be provided at the earliest possible date. Maintenance of Status Unless an interim suspension is imposed, as provided in these regulations, a student shall continue his or her matriculation with all normal privileges until the case is fully adjudicated through university procedures. Retention of Records The university shall retain records of cases involving expulsions or suspensions for a minimum period of two years. Enforcement The university may withhold transcripts, grades, diplomas, or other official records pending the disposition of cases, if such action is reasonably necessary to preserve the university's ability to enforce its disciplinary rules.
2.
3.
4.
Disciplinary Sanctions Dismissal
This action is taken when the student's misconduct or disciplinary involvement is of such seriousness that it merits the student's separation from the university community. A dismissal action will specify the conditions, if any, under which the student may become eligible for readmission.
Suspension
This action is taken when the seriousness of the student's misconduct or disciplinary involvement merits interruption of the student's enrollment. A suspension action will specify a date and/or requirement for reinstatement.
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Probation
This action is taken when the student's misconduct or disciplinary involvement merits a period of official censure. A probation action will specify any conditions with which the student must comply or any privileges which may be withheld.
Reprimand
This action is taken when the student's misconduct or disciplinary involvement merits an official admonition.
Additional Actions
Any disciplinary sanction may include, if appropriate, a requirement that the student fulfill some specified act of restitution or correction. When warranted, a disciplinary action not specified above may be imposed. Except in cases where the student is independent, the parents or guardians may be notified of the sanction. Disciplinary sanctions are implemented by presenting to the student a letter explaining the decision. A copy of the letter will be placed in the university disciplinary files. Appropriate university offices and personnel will be notified when necessary for sanction implementation.
Student Organizations Procedures
Student organizations and groups shall be afforded the same disciplinary procedures as individual students.
Jurisdiction
The following shall be considered as organization or group disciplinary matters. 1. Cases involving alleged violation of any university regulation or policy by an organization recognized by Student Senate, or by any studentoriented group utilizing university facilities and hospitality. Cases involving alleged misconduct or disruptive behavior by an organization recognized by Student Senate, or by any student-oriented group utilizing university facilities and hospitality.
2.
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3.
4.
Cases shall be considered if a significant number of students involved in the alleged offense belong to an organization or group as described in 1. and 2. above, or if planning and leadership responsible for the alleged offense came principally from student members of an organization or group described in 1. and 2. above. Charges, whether brought by an individual or office or department of the university or by a student organization, shall specify whether the charge is directed at: a. The group leadership for failing to exercise responsibilities delegated to it by members and/or the university, or b. The group itself without reference to distinction among its membership. A conduct board shall hear appeals from student boards of whatever type that have imposed sanctions on a recognized student group or a student-oriented group.
Sanctions
A Conduct Board may withdraw official recognition of any organization, or it may prescribe limitations to the use of facilities and privileges afforded by the university to any organization or group. The board may require restitution of damaged property, organization reform, or the election of new officers.
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Compliance Manual
Drug-Free Schools and Communities Act and Drug-Free Workplace Act
The Drug-Free Schools and Communities Act Amendment of 1989 (U.S. Public Law 101-226) and the Drug-Free Workplace Act require annual distribution of certain information to all students and employees. This booklet is being provided in compliance with these requirements. This booklet includes the following: 1. 2. 3. 4. 5. 6. Campus standards prohibiting unlawful possession, use, or distribution of illicit drugs and alcohol. Description of laws pertaining to the unlawful possession, use, or distribution of illicit drugs and alcohol. Description of health risks associated with the use of illicit drugs and abuse of alcohol. Description of drug and alcohol treatment and rehabilitation programs. Description of sanctions. A policy statement concerning the disciplining of employees who violate laws and policies concerning illicit drugs and alcohol.
Direct inquiries to the office of Alcohol & Drug Awareness Education/ Training at the Gemmell Student Center, 814-393-2418.
State System of Higher Education Drug-Free Workplace Policy Statement
As required by the federal "Drug-Free Workplace Act of 1988," the State System of Higher Education, Commonwealth of Pennsylvania, hereby declares as its policy that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited at any workplace under the authority of the Board of Governors. Any employee violating the policy will be referred to the commonwealth's employee assistance program and/or disciplined, in an appropriate manner, up to and including termination. Discipline, when appropriate, shall be taken under relevant provisions of collective bargaining agreements, Civil Service Policy, or other Personnel Policies adopted by the Board of Governors. NOTE: The above policy was adopted by the Board of Governors of the State System of Higher Education on April 20, 1989. Clarion University of PA is a member of the State System.
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Disciplinary Sanction
Students violating any of the above unlawful acts are subject to disciplinary actions, up to and including expulsion. Discipline procedures are explained in the Student Rights, Regulations and Procedures Handbook. Since Clarion University is a member of the Network of Colleges and Universities Committed to the Elimination of Drug and Alcohol Abuse, the minimum sanction for illegal sale and distribution of drugs would include separation from the institution and referral or prosecution. Employees and students may also be subject to arrest for violation of federal, state, and local drug and alcohol laws and ordinances.
Employer Notification
The Drug-Free Workplace Act requires the employee to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
Clarion University Alcohol Policy
Two basic factors dictate Clarion University's policy on alcohol: 1. 2. Studies indicate that a majority of the misconduct incidents involving students are related to alcohol consumption. Clarion University is a state agency, and as such it cannot authorize, condone, sanction, or otherwise support activities in which state law is violated. The consumption of alcoholic beverages by those under 21 years of age is such a violation.
Because of these factors, the university has adopted regulations under which the following acts constitute student misconduct: 1. 2. 3. The possession or consumption of alcoholic beverages in or around university and university supervised facilities and property. The possession or use by, and sale or furnishing of, alcoholic beverages to those under 21 years of age. The serving of alcoholic beverages to a student which contributes to subsequent misconduct by that student.
In addition to its regulations, the university attempts to provide a program of alcohol awareness, education, treatment, counseling, and information to help students understand the university's alcohol policy and its implementation.
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Alcohol On Campus
With the exception of special university events in designated locations with Presidential approval, the consumption, possession, or transport of alcohol is prohibited on campus. Student possession or consumption of alcoholic beverages in or around university supervised facilities and property is considered an act of misconduct without exception. This prohibition is not a matter of law, but university policy. Simply put, the university's position is that the interests of both the students and the university are best served by an alcohol-free campus. Therefore, students who bring or consume alcoholic beverages on campus will be penalized. Students under 21 years of age who become involved with campus Public Safety will also be subject to citation for underage possession and/or consumption.
Alcohol Off-Campus
In Kusnir v. Leach, 1982, the Commonwealth Court of Pennsylvania affirmed that the university could exercise disciplinary jurisdiction over off-campus conduct. With regard to university alcohol regulations, misconduct off campus can be grounds for disciplinary action. Both experience and common sense indicate the potential for problems related to our two basic alcohol concerns, illegal activity and misconduct, is greatest as a result of "open" type parties. Many who attend such parties have no acquaintance or association with the party organizers, whose primary motive is to make money. Typically, alcoholic beverage consumption is the primary focus of the activity, but there is little or no mutual sense of responsibility between party attenders and organizers. Thus, the party participants have little concern if unfortunate events occur during or following a party. While there is always the possibility that underage consumption of alcoholic beverages will get the consumer and/or furnisher into difficulty, it should be obvious that neither university or law enforcement officials have the resources or inclination to monitor all the off-campus activities of university students. It should be equally obvious, however, that the likelihood of reaction by authorities is much greater in situations where alcoholic beverages are present when the situation involves public disturbance, fighting, indecent acts, or the like. Again, such incidents tend to be associated with "open" type parties. Because "open" type parties have such problematic potential, disciplinary violations associated with such activity are considered serious misconduct acts. In Fassett v. Delta Kappa Epsilon, 1986, The U.S. Court of Appeals, Third Circuit, affirmed the criminal culpability of those who furnish alcoholic beverages to minors. The court reasoned that it is a violation of the criminal code for minors to consume alcoholic beverages, and under Pennsylvania law those who furnish alcoholic beverages to a minor were accomplices to the minor in violating the code. The court held, further, that this standard could be applied to civil actions as well.
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In defining "furnishing," the court rejected the notion that only the actual server was culpable. An accomplice, said the court, was one whose actions promoted or aided a minor's consumption. It specifically held that: 1. Allowing a party to take place on one's premises with the knowledge that minors will be served alcoholic beverages constitutes being an accomplice, and Participating in the planning of a party or in the buying of alcoholic beverages to be served at a party with the knowledge that minors will be served constitutes being an accomplice.
2.
In exercising its disciplinary authority in alcohol violations off campus, the university applies these findings.
Alcohol and Other Drug Violations and Penalties (State and Local)
The following is a listing of the most common alcohol and other drug violations, and their penalties, committed under federal and state law. For a more complete description of the offenses, consult the appropriate federal and state criminal and vehicle codes.
Alcohol Offenses
Misrepresentation of age to secure liquor or malt or brewed beverages. Penalty: first offensesummary violation, up to $300 fine and 30 days in jail; second offensemisdemeanor, up to $4,500 fine and jail. Operator's license will be suspended.* Purchase, consumption, possession, or transportation of liquor or malt or brewed beverages. Penalty: first offenseup to $300 fine and 30 days in jail; second offenseup to $500 fine and jail. Operator's license will be suspended.* Representing that minor is of age. Penalty: misdemeanor, fine of not less than $300. Inducement of minors to buy liquor or malt or brewed beverages. Penalty: misdemeanor, fine of not less than $300. Selling or furnishing liquor or malt or brewed beverages to minors. Penalty: misdemeanor, fine of not less than $1,000 for the first violation and $2,500 for each subsequent violation.
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*Operator's License Suspensions: First offense90 days Second offense1 year Third offense2 years Subsequent offenses2 years Manufacture or sale of false identification card. Penalty: misdemeanor, fine of not less than $1,000 for first violation and not less than $2,500 for each subsequent violation. Carrying a false identification card. Penalty: summary offenses first violation, fine up to $300 and up to 30 days in jail; misdemeanor for subsequent violations, fine up to $500 and jail. Operator's license will be suspended.* Restrictions on alcoholic beverages. The driver of any vehicle may not consume any alcoholic beverage or illegal drug. Penalty: summary, fine up to $300 and up to 30 days in jail. Driving under influence of alcohol or controlled substance. Penalty: misdemeanor, fine of not less than $300, jail for not less than 48 hours; not less than 30 days in jail for second violation; not less than 90 days in jail for third violation; not less than one year for fourth offense. Homicide by vehicle while driving under influence. Penalty: Felony, not less than three years imprisonment, fine, revocation of operating privileges. Other violations include bringing alcoholic beverages into the state without paying Pennsylvania taxes and selling or offering for sale alcoholic beverages without a liquor license. Violations of these laws can result in fines, imprisonment, and confiscation of vehicles. Under legislation enacted by the Pennsylvania General Assembly, the following is now law: Any individual under 21 years of age convicted of attempting to purchase, purchasing, consuming, possessing, or transporting alcoholic beverages, or possessing an identification card falsely identifying the individual as 21 years of age, shall be subject to a fine up to $300, plus court costs, and 90 days suspension of driver's license. Subsequent violations may result in fines of $500 and suspension of driver's license for two years.
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Illicit Drugs
Possession of controlled or counterfeit substance. Penalty: misdemeanor, up to one year in jail, fine of up to $5,000. Purchase of controlled substance. Penalty: misdemeanor, up to three years imprisonment and a fine of up to $5,000. Manufacture, delivery, or possession by an authorized person. Penalty: narcotic drugsfelony, up to 15 years imprisonment and fine of up to $250,000. *Methamphetaminecocoa leaves, marijuana (in excess of 1,000 pounds)felony, imprisonment up to 10 years and a fine of up to $100,000. *Opiateshallucinogenic substances, marijuanafelony, up to five years imprisonment and a fine of up to $15,000. *Barbituratesfelony, up to three years imprisonment and a fine of up to $10,000. *Codeine, morphine, atropinemisdemeanor, up to one year imprisonment and a fine up to $5,000. Possession of a small amount of marijuana for personal use (30 grams of marijuana or 8 grams of hashish). Penalty: Misdemeanor, up to 30 days imprisonment and a fine of up to $500. Use or delivery of drug paraphernalia. Penalty: misdemeanor, up to one year imprisonment and a fine of up to $25. Possession or distribution of "look alike drugs" having a depressing or stimulating effect. Penalty: felony, up to five years imprisonment and a fine of up to $10,000. Manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance that is altered or misbranded. Penalty: misdemeanor, up to one year imprisonment and a fine of up to $5,000. Trafficking drugs to minors. Penalty: at least one year confinement, two years imprisonment if within 1,000 feet of a school, college, or university.
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Controlled SubstancesUses and Effects
Trade or other names Medical uses Dependence Physical Psychological
Drugs/ CSA Schedules
NARCOTICS NARCOTICS
II, III, V II, III II, III, V Analgesic, antitussive Moderate Moderate Yes 3-6 Analgesic, antidiarrheal Analgesic, antitussive High High High High Yes Yes 3-6 3-6
Opium Morphine
Codeine
Oral, smoked Oral, smoked injected Oral, injected
Heroin
I
None
High
High
Yes
3-6
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Analgesic, antidiarrheal, High-low antitussive
Hydromorphone II Meperidine (Pethidine) II Methadone II
Analgesic Analgesic Analgesic
High High High
High Yes High Yes High-low Yes High-low Yes
3-6 3-6 3.6 3-6
Injected, sniffed, smoked Oral, injected Oral, injected Oral, injected Oral, injected
Other narcotics I, II, III, IV, V
Dover's Powder, Paregoric Morphine, MS-Contin, Roxanol, Roxanol-SR Tylenol w/Codeine, Empirin Robitiussan A-C, Fiorinal w/Codeine Diacetylmorphine, Horse, Smack Diliaudid Demerol, Mepergan Dolophine, Methadone, Methadose Numorphan, Percodan, Percocet, Tylox, Tussionex, Fentanyl, Darvon, Lomotil, Tahwin
Possible effects: Euphoria, drowsiness, respiratory depression, constricted pupils, nausea Effects of overdose: Slow and shallow breathing, clammy skin, convulsions, coma, possible death. Withdrawal syndrome: Watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills, and sweating.
DEPRESSANTS
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Low Low Sedative, hypnotic Sedative, hypnotic Antianxiety, sedative, hypnotic High High Moderate
Chloral Hydrate IV Barbiturates II, III, IV
Moderate High-Mod
Moderate High-Mod
Yes Yes
5-8 Oral 1-16 Oral
Hypnotic Anesthetic, Anticonvulsant, sedative, hypnotic, veterinary euthanasia agent Antianxiety, anticonvulsant, Sedative, hypnotic
Yes
4-8
Oral
Controlled Substances Uses and Effects
High Moderate Moderate Yes Yes Yes 4-8 4-8 4-8 Oral Oral Oral
Noctec Amytal, Butisol, Fiorinal, Lotusale, Nembutal, Seconal, Tuinal, Phenobarbital Benzodiazepines IV Alivan, Dalmane, Diazepam, Librium, Xanax, Serax, Valium Versed, Halcion, Paxipam, Restoril Methaqualone I Quaalude Gluethimide III Doriden Other Depressants III, IV Equanii, Militown, Noludar, Placidyl, Vlamid
Possible effects: Slurred speech, disorientation, drunken behavior, behavior without odor of alcohol. Effects of overdose: Shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, possible death. Withdrawal syndrome: Anxiety, insomnia, tremors, delirium, convulsions, possible death.
Drugs/ CSA Schedules
Coke, Flake, Snow, Crack Possible Possible Possible Possible High Yes 2.4 Oral, injected High Yes Moderate Yes 2.4 2.4 Oral, injected Oral, injected High Yes 2-4 Local anesthetic Possible High Yes 1-2
Trade or other names
Medical uses
Dependence Physical Psychological
STIMULANTS
Cocaine II
Controlled Substances Uses and Effects
Amphetamines II
Smitted, smoked injected Oral, injected
Phenmetrazine II Methylphenidate II
Biphetamine, Delcobese, Desoxyn, Dexedrine, Obetrol Preludin Ritalin
Other Stimulants III, IV Adipex, Cylert, Didrex, Ionamin, Melfiat, Plegine, Sanorex, Tenuate, Teparil, Prelu-2
Attention deficit disorders, narcolepsy, weight control Weight control Attention deficit disorders, narcolepsy, weight control Weight control
Possible effects: Increased alertness, excitation, increased pulse rate & blood pressure, insomnia, loss of appetite. Effects of overdose: Agitation, increases in body temperature, hallucinations, convulsions, possible death. Withdrawal syndrome: Apathy, long periods of sleep, irritability, depression, disorientation.
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None None None None None None None Unknown Unknown High High Unknown None None Unknown Unknown Unknown Unknown Yes Yes Yes Yes Yes Acid, Microdot Mexc, Buttons, Cactus 2,5-DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB PCP, Angel Dust, Hog PCE, PCPy, TCP Bufotenine, Ibogaine, DMT, Psilocybin, Psilocyn
HALLUCINOGENS 8-12 8-12 Variable Days Days Possible Varible Oral Oral Oral, injected
LSD I Mescaline & Peyote I Amphetamine Variants I
Phencyclidine II
Phencyclidine Analogues
Other Hallucinogens I
Oral, smoked, injected Oral, smoked, injected Oral, smoked, injected
Possible effects: Illusions and hallucinations, poor perception of time and distance. Effects of overdose: Longer, more intense "trip" episodes, psychosis, possible death. Withdrawal syndrome: Withdrawal syndrome not reported.
Drugs/ CSA Schedules
Trade or other names
Medical uses
Dependence Physical Psychological
CANNABIS Pot, Acapulco, Gold, Grass THC, Marinol Unknown Unknown Moderate Moderate Yes Yes 2-4 2-4 Smoked, oral Smoked, oral
Marijuana I Tetrahydrocannabinol III
Controlled Substances Uses and Effects
Hashish I Hashish Oil I
Hash Hash Oil
None Cancer chemotherapy antinauseant None None Unknown Unknown Moderate Moderate Yes Yes 2-4 2-4 Smoked, oral Smoked, oral
*Designated a narcotic under the CSA. ** Not designated a narcotic under the CSA
Possible effects: Euphoria, relaxed inhibitions, increased appetite, disoriented behavior. Effects of overdose: Fatigue, paranoia, possible psychosis. Withdrawal syndrome: Insomnia, hyperactivity, and decreased appetite occasionally reported.
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Alcohol Effects Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and deaths, if combined with other depressants of the central nervous system, much lower doses of alcohol will product the effects just described. Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and damage to vital organs such as the brain and the liver. Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.
Federal Trafficking Penalties
The Controlled Substance Act provides for unlawful manufacturing, distribution, and dispensing of controlled substances. The penalties are basically determined by the schedule of the drug or other substance, and sometimes are specified by drug name, as in the case of marijuana. As the statute has been amended since its initial passage in 1970, the penalties have been altered by Congress. The following charts are an overview of the penalties for trafficking or unlawful distribution of controlled substances. This is not inclusive of the penalties provided under the CSA.
Federal Trafficking PenaltiesMarijuana
Penalty
2nd Offense
METHAMPHETAMINE 100 gm or more or 1 kg or mixture 1 kg or more mixture 5 kg or more mixture 50 gm or more mixture Not less than 10 years. Not more than life. 100-999 gm mixture HEROIN COCAINE COCAINE BASE PCP 500-4,999 gm mixture 5-49 gm mixture 10-99 gm or 100-999 gm mixture 10-99 gm or 100-999 gm mixture Not less than 10 years. Not more than life.
CSA
1st Offense
Quantity
Drug
Quantity
Penalty
2nd Offense
Not less than 20 years. Not more than life.
1st offense
I
Not less than 5 years. Not more than 40 years
and
If death or serious injury, not less than 20 years. Not more than life. 100 gm or more or 1 kg or more mixture 10 gm or more mixture 400 gm or more mixture 100 gm or more mixture
If death or serious injury, not less than life.
If death or serious injury, not less than 20 years. Not more than life.
If death or serious injury, not less than life.
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Fine of not more than $4 million individual; $10 million other than individual. 1-10 gm mixture LSD FENTANYL FENTANYL ANALOGUE 40-399 gm mixture 10-99 gm mixture
II
Fine of not more than $2 million individual; $5 million other than individual.
Fine of not more than $4 million individual; $10 million other than individual.
Fine of not more than $8 million individual; $20 million other than individual.
Drug
2
Quantity Any
First Offense
Not more than 20 years. If death or serious injury, not less than 20 years, not more than life. Fine $1million individual; $5 million not individual.
Second Offense
Not more than 30 years If death or serious injury, life. Fine $2 million individual; $10 million not individual.
Others
CSA
Quantity Any Not more than 5 years. Fine not more than $250,000 individual; $1 million not individual. Not more than 3 years. Fine not more than $250,000 individual; $1 million not individual. Not more than 1 year Fine not more than $100,000 individual; $250,000 not individual.
2
Drug
First Offense
Second Offense Not more than 10 years. Fine not more than $500,000 individual, $2 million not individual. Not more than 6 years. Fine not more than $500,000 individual, $2 million not individual Not more than 2 years. Fine not more than $200,000 individual, $500,000 not individual.
III
All
IV
All
Any
37 Any
V
All
1
Law as originally enacted states 100 gm. Congress requested to make technical correction to 1 kg.
Does not include marijuana, hashish, or hash oil. (See separate chart.)
Federal Trafficking PenaltiesMarijuana
Description
Marijuana Mixture containing detectable quantity* Not less than 10 years, not more than life. If death or serious injury, not less than 20 years, not more than life. Fine not more than $4 million individual; $10 million other than individual. Not less than 5 years, not more than 40 years. If death or serious injury, not less than 20 years, not more than life. Fine not more than $2 million individual; $5 million other than individual
Quantity
First Offense
Second Offense
Not less than 20 years, not more than life. If death or serious injury, not less than life. Fine not more than $8 million individual, $20 million other than individual Not less than 10 years, not more than life. If death or serious injury, not less than life. Fine not more than $4 million individual, $10 million other than individual.
1,000 kg or more, or 1,000 or more plants Marijuana Mixture containing detectable quantity*
100 kg to 1,000 kg; or 100-999 plants
50 to 100 kg Hashish Hashish Oil Marijuana Marijuana Hashish Hashish Oil
Marijuana
38 Not more than 5 years. Fine not more than $250,000 individual; $1 million other than individual
10 to 100kg
1 to 100 kg
50-99 plants
Not more than 20 years. If death or serious injury, not less than 20 years, not more than life. Fine $1 million individual; $5 million other than individual
Not more than 30 years. If death or serious injury, life. Fine $2 million individual; $10 million other than individual.
Less than 50 kg
Less than 10 kg
Not more than 10 years. Fine $500,000 individual; $2 million other individual.
Less than 1 kg
*Includes Hashish and Hashish Oil
(Marijuana is a Schedule I Controlled Substance)
WILKINSON HALL
Grand Avenue
Lot
MAIL AND RECEIVING
P
M
SPEECH & HEARING CLINIC
Wilson Avenue
CENTRAL SERVICES
2 32 te
Service Road
Clarion University of Pennsylvania Clarion, PA 16214-1232
CAMPBELL HALL
Pa
Wilson Aven ue
Lot
Grand Avenue
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BUSINESS ADMINISTRATION AND COMPUTER CENTER
Lot E
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PUBLIC SAFETY THORN I
BALLENTINE HALL
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CHANDLER DINING HALL
Pa yne S e tre
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Th orn
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Avenue
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PEIRCE SCIENCE CENTER HARVEY HALL GREENHOUSE SPECIAL PROJECTS CENTER
TIPPIN GYMNASIUM AND NATATORIUM
Be
t (n ot
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CARRIER ADMINISTRATION GEMMELL PARK BECHT HALL MOORE HALL CARLSON LIBRARY EGBERT HALL
PLANETARIUM
Ninth Aven ue
er
MARWICK-BOYD FINE ARTS CENTER & AUDITORIUM
a th ru str ee t)
Dr ive
ille Greenv Avenue
CERAMICS LAB UTILITY PLANT FOUNDERS HALL
Greenv enue ille Av
Lot L
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A
Lot 11
FOUNDRY
STEVENS HALL SPECIAL EDUCATION CENTER
ville e Av nu e
Carlson
Drive
DAVIS HALL
Lot 7
Eigh th Av enue
Eight h Ave nu e
Gre
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Employee Lots A, B, D, E, F, G, H, L, M, N, O, R, S, T, U, X, Z, 7 Student Lot Assignments (Lot signs are color coded) Commuter Students Lots 4, 5, 9,11,12, Residence Hall Students Lots 6, 8, 10,14,15, P Residence Hall Freshmen Lot 3 Permit not required at meters. Meters are located in lots 5, 6, 9, 12, G, E, F, and V Physical Accessibility of University Facilities Wheelchair accessible buildings Handicap Parking Emergency Phones
Services Provided
Clarion University provides alcohol and other drug prevention and intervention services to its students and employees through the Office of Alcohol & Drug Awareness Education/Training located in the Gemmell Student Complex. Some of the services provided include alcohol education/intervention classes and groups, the Clarion University/Clarion Community Coalition on the prevention of alcohol abuse and violence task force, drug education/intervention classes and groups, student and employee assistance programs, presentations to classes and groups, assessments, research and project information, treatment referral services, student field experiences, and literature distribution. Students and employees are welcome to visit the offices in Gemmell, or telephone [phone]. Employees of the state and their immediate families are also provided services by the State Employee Assistance Program (SEAP). This service is voluntary and confidential. The SEAP was established to help employees cope with personal problems which affect their lives at home or on the job. SEAP helps the employee focus on the primary problem and determine the kind of professional assistance needed. Services focus on the following areas: alcohol and drug abuse, emotional problems, family/marital, legal, and financial. SEAP will assess your needs and provide a referral to an appropriate community service. SEAP offices may be contacted by calling 800-692-7459. Supervisors are encouraged to make employees aware of SEAP as an aid in the early intervention and treatment of employee problems which affect job performance. Assistance is also available from Clarion County Counseling Center Inc., 214 South Seventh Ave., Clarion, PA 16214, telephone [phone]. The Clarion University Counseling Center is available to students. It is located in 148 Egbert Hall, telephone [phone].
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Sexual Harassment Policy and Procedures
I. Policy
It is the policy of Clarion University that harassment of students and employees based on sex is unacceptable and will not be tolerated. Clarion University of Pennsylvania affirms its commitment to human rights and dignity. Sexual harassment violates basic human rights as well as state and federal laws, and is inconsistent with the principles and goals of an academic community. Clarion University of Pennsylvania will make every effort to protect students, staff, and faculty from sexual harassment. Retaliatory actions taken against persons filing sexual harassment complaints will not be tolerated. The university also recognizes that accusations of sexual harassment are grievous and have serious consequences. Therefore, the university will make every effort to protect students, staff, and faculty from false accusations. Any employee or student of the university found to be in violation of this policy will be subject to appropriate disciplinary action that may include termination or expulsion.
II. Definition of Sexual Harassment
In accordance with the Equal Employment Opportunity Commission (EEOC) Guidelines of 1980, Section 703 of Title VII of the Civil Rights Act of 1964, as amended, the pertinent case laws of Title IX of the Education Amendments of 1972, and Section 5(a) of the Pennsylvania Human Relations Act, Clarion University defines sexual harassment as follows: Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature will constitute sexual harassment when: 1. 2. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic success; or Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals; or Such conduct has the purpose or effect of interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive work or academic environment.
3.
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Sexual harassment occurs in a variety of situations which share a common element: the inappropriate introduction of sexual activities or communication, whether verbal, written, pictorial, electronic (e.g. e-mail) or other conduct, into the learning, social, or working environment. Often, sexual harassment involves relationships of unequal power, and contains elements of coercion, such as when the granting of sexual favors becomes a criterion for employment or academic success. Sexual harassment may also involve relationships among people of same or different gender, and/or equal status, such as when severe or repeated sexual advances or demeaning communications have a harmful effect upon a person's ability to study or work. The standard of judgment is that of a reasonable person, that is, the victim must demonstrate that a reasonable person would find the environment hostile and abusive and that the victim perceived the environment as hostile. Recent court decisions and EEOC Guidelines have established that in order to be actionable and in violation of federal law, conditions of sexual harassment need not only be "quid pro quo" harassment, where submission or rejection of such conduct is used as a condition of an individual employment or academic success or used as the basis for employment or academic decisions affecting such individuals. Under Title VII and Title IX, conduct that has the purpose or effect of creating an intimidating work or academic environment, "hostile environment," is also illegal and actionable. Discussion of ideas or theories that some employees or students may find offensive is not necessarily sexual harassment. Specific examples of sexual harassment would include, but are not limited to: sexually suggestive gestures, comments, innuendoes, jokes or questions of a sexual nature; remarks made with the intent to stigmatize, insult, or ridicule others on the basis of sex or sexual orientation; implied or overt threats; inappropriate use of sexually explicit pictures, objects, or materials in classroom or work areas; unwanted letters, e-mail or phone calls; sexual graffiti or visuals; inappropriate or unwanted touching, pinching, or patting; repeatedly asking for a date after the person has expressed disinterest; and pressure for sexual favors. Extreme forms of sexual harassment include sexual assault or rape that are considered criminal offenses.
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III. Procedures
The procedures described below are applicable to any student, employee, or applicant for education programs or employment who believes that she or he has been the victim of sexual harassment. The timeframe for filing a complaint is generally one hundred and eighty (180) calendar days from the date the incident occurred. Resolution of the complaint shall be sought as quickly as possible while maintaining standards of fairness. These procedures are not meant to replace other university procedures available under established laws or collective bargaining contracts and, where permissible, a complainant may choose either this procedure or any other applicable procedure. The complaint or the hearing party should promptly report sexual harassment complaints to the Office of Social Equity, regardless of the nature of the complaint or the party with whom the complaint is discussed. The social equity officer has the responsibility for investigating sexual harassment complaints filed and will attempt to conduct the investigation within thirty to sixty (30-60) calendar days from receipt of the complaint. The Office of Social Equity will notify employees and students accused of a sexual harassment complaint generally within a twenty (20) day period. Investigative information will be retained for at least three years in the Office of Social Equity as part of a data file on sexual harassment at the university.
A. Presidential Commission on Sexual Harassment
This Presidential Commission on Sexual Harassment (commission) will be responsible for asserting the position of Clarion University that sexual harassment of students and employees is unacceptable and will not be tolerated. The commission is responsible for recommending sexual harassment policies and procedures, planning and presenting education programs. The members of the commission are appointed by the president and consist of faculty, staff, and students. The members of the commission have received training and are available to provide guidance. The members of the commission are available to provide information about the university sexual harassment policy and procedures relative to sexual harassment and to provide guidance to victims complaining of such conduct. Any member of the university community who believes she or he has been sexually harassed may discuss this problem with a commission member of his or her choice. The commission member will listen to the complainant, and advise such person to report the matter to the social equity officer.
B. Informal Review
The complainant will report the complaint to the Office of Social Equity. After an initial interview, the Office of Social Equity may suggest that the complainant take individual action to resolve the problem through verbal or written communication with the person whose actions the complainant found offensive. If that approach does not resolve the matter, or if the complainant does not want
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to deal directly with the accused, the social equity officer will attempt to act as mediator in an effort to achieve an informal resolution to the problem. During all informal attempts to resolve a problem, every effort shall be made to: 1. 2. 3. Notify the accused of the nature of the complaint (which is generally with in a twenty (20) day period); Identify or defer the identification of the complainant, as appropriate; and Maintain confidentiality of the investigative process.
The complainant or the accused party may be accompanied by any person of their choosing from within the university community during the informal process or meetings for the purpose of consultation.
C. Formal Review
All formal complaints are based on specific charges heard at the informal level. If the problem cannot be resolved through informal discussions, or if the conduct is so egregious that the complainant wishes to proceed directly to formal procedures, the complainant should consult with the social equity officer and then file a formal, written complaint. If the social equity officer believes that the complaint has merit (that is, warrants an investigation) the social equity officer will notify the accused that a complaint has been filed and will send a copy of the formal, written complaint to the accused. This notification will generally take place within a twenty (20) day period. If the accused is covered under a collective bargaining agreement with the university, the social equity officer will inform the complainant of his/her right to union representation. The accused will be afforded an opportunity to respond to the charges as specified in the formal complaint and to prepare a response to these charges, including written and oral presentations of factual data. The complainant and the accused may be accompanied by any person during the investigation and resolution of the case for purposes of consultation. Copies of the findings of the case will be provided to both the complainant and the accused. All formal, written complaints will be given a specific, full, impartial, and expeditious investigation by the Office of Social Equity. During such investigations, while every effort will be made to protect the privacy rights of all parties, confidentiality cannot be guaranteed. The social equity officer has the responsibility for investigating complaints filed, and when possible, the investigation will be completed within thirty to sixty (30-60) days from receipt of the complaint. The investigation will, in all cases, be thorough and circumspect. The social equity officer will gather evidence on the alleged sexual harassment complaint, and this evidence may take the form of written or oral presentation of factual data or the collection of said data. The accused and complainant will have access to all information considered during the investigation.
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D. Sanctions and Remedies
If investigation of a reported occurrence of sexual harassment reveals that the complaint seems to be without reasonable foundation, both parties will be so informed. If, however, the social equity officer finds that it is more probable than not that there has been a violation of the university's Sexual Harassment Policy, the officer will report these findings to the president or the vice president for student and university affairs (in student-related cases) as appropriate. Disciplinary proceedings, if and when initiated, against staff or faculty will be in accordance with the appropriate procedures outlined in the Commonwealth of Pennsylvania's Personnel Rules or in any of the pertinent collective bargaining agreements in effect at the university. Disciplinary proceedings, if and when initiated, against a student will be in accordance with the appropriate procedures outlined in the Student Rights, Regulations, and Procedures Handbook. Possible sanctions include, but are not limited to: a verbal warning, a written warning, a formal reprimand, reassignment of responsibilities, suspension, expulsion from the university, or termination of employment. The complainant and the accused will be informed of the specific action taken. In the event it is shown that a complaint has been filed maliciously, appropriate sanctions will be imposed on the complainant. The overall remedy desired in valid sexual harassment cases is the removal of the cause of the complaint. The university will earnestly attempt to do whatever is necessary to achieve this end in seeking remedies as dictated by the specific case. If the complainant or the accused remains dissatisfied with the results of the process, he/she should so inform the president or vice president for student and university affairs, as appropriate, within five (5) business days from the date that he/she was informed of the complaint's findings. The complainant generally has one hundred and eighty (180) calendar days from the actual date of which the incident occurred to file a formal complaint with the Pennsylvania Human Relations Commission, the United States Equal Opportunity Commission, or the United States Department of Education, Office of Civil Rights.
E. Retaliation
Neither the complainant nor other individuals (e.g. witnesses) shall be subjected to any form of retaliation for having participated in or having helped others use this complaint process.
F. Revisions
This policy shall be considered biennially (fall semester, even numbered years) for revision by the Presidential Commission on Sexual Harassment (PCOSH) in order to be responsive to changes in state system policies and case law.
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Emergency Phone
Maintenance
Suhr Library
Student Parking
Staff & Visitor Parking Faculty/Staff Parking Student Parking
Emergency Phone
Rhoades Center
Venango Campus
Clarion University of Pennsylvania
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Frame Hall
Montgomery Hall
Faculty/Staff Parking
Handicap Parking Wheelchair accessible buildings Emergency Phone
West First Street, Oil City, Pennsylvania
Suppose YOU were raped tomorrow.
Here's what you should know today.
Get medical attention immediately
You could be injured--externally and internally. You could become pregnant, or you could get a sexually transmitted disease. A medical examination could also provide important evidence of rape for prosecution. Community police officers will help. Rape Crisis Center (226-RAPE, hot line 9-1-1 or the Rape Crisis Center in Oil City at 677-7273) also provides trained support staff to assist you.
Don't bathe or douche
Bathing or douching might be the first thing you want to dobut don't. You might literally be washing away valuable evidence. Wait until you have a medical examination.
Save your clothing
It's all right to change clothes, but save what you were wearing. Your clothing could be used as evidence for prosecution. Place all items in a paper bag.
Report to the Public Safety Office 393-2111
(Clarion Campus)
Report to the Oil City Police Department 768-3080
(Venango Campus)
Reporting a rape isn't the same thing as prosecuting a rape. Please call the Public Safety Office (Clarion Campus) or the Oil City Police Department (Venango Campus) and report the rape. Prosecution can be determined later. It's up to you, but rapists are repeat offenders and police can only apprehend offenders when they know about the crimes.
We are here to help
Understanding officers will be assigned to work with you, to help you to apprehend the offender. Your contact with the police officers will be confidential. The assigned officer will explain the various aspects of criminal prosecution should the offender be identified.
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The necessity for quick reporting cannot be overemphasized. If an attacker rapes you, rapes someone you know, or attempts to commit a rape on the campus, notify Public Safety immediately on the Clarion Campus at
393-2111.
Notify the Oil City Police Department at
678-3080.
Get medical attention immediately. Don't bathe or douche. Save your clothing. Report to the Public Safety Office. We are here to help.
Medical Treatment on the Clarion Campus
A medical examination is conducted at Clarion Hospital following a reported rape. If you wish to keep the option of prosecution open, the exam at the hospital ensures legal evidence is obtained. This evidence would include human hair, evidence of seminal stains, and other identifying markers. Follow-up care for disease, injury, or pregnancy is available at the hospital. Counseling is recommended and available at Counseling Services, 148 Egbert Hall, 393-2255, or at the Rape Crisis Center, 226-RAPE or STAR, 226-2720.
Medical Treatment at Venango Campus
A medical examination is conducted at Northwest Medical Center following a reported rape. If you wish to keep the option of prosecution open, the exam at the hospital ensures legal evidence is obtained. This evidence would include human hair, evidence of seminal stains, and other identifying markers. Follow-up care for disease, injury, or pregnancy is available at the hospital. Counseling is recommended and available at Counseling Services, 202 Montgomery Hall, or at the Rape Crisis Center, 677-7273.
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Police Investigation
An officer will immediately be dispatched when a rape is reported. The officer will provide transportation to a medical facility and will, if possible, obtain a description of the attacker and information about the time and location of the attack. He or she will not seek detailed information but only enough to permit all officers to begin looking for the attacker. An investigator will then be assigned to you and will be in contact with you from the initial interview through the entire investigation and any criminal prosecution which might result. He or she will interview you in detail about the offense, and it will be necessary that you work closely with the officer while attempting to identify the offender. Some questions may be embarrassing but they are important in apprehending the attacker. The officer will explain the criminal complaint process, the preliminary hearing, a pre-trial conference, and the trial. He or she will explain in detail what is expected of a victim should a prosecution be initiated. He or she will also advise you about available counseling services and assist you in any manner possible. Reporting a crime and prosecuting the attacker are two separate things. Begin by reporting to Public Safety. Your report can help other women--or yourself-- in the future.
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On-Campus Safety and Equity Resources
As you may be aware, Clarion University has been ranked as one of the top 15 safest campuses in the country.
However, like any other community, we must continue to remain cautious, vigilant, and aware of our own personal safety. To assist you in becoming informed about the services Clarion University provides, we have developed this reference guide of on-campus resources. It is in our own best interest to take the time to educate ourselves and others on ways to prevent acts of abuse and discrimination. Our collective efforts will continue to ensure that Clarion University remains a safe and tolerant community.
On-Campus Safety and Equity Resources
Clarion University does not tolerate harassment or discrimination in any of its many forms. In the university's continuing efforts to provide support and education to the entire campus community, the following is provided as a reference guide of on-campus resources available to persons who feel they have been harassed or discriminated against. Any student of the Clarion, Venango, or Pittsburgh site may avail himself or herself of the resources referenced in this brochure. Rape/Sexual Assault Inasmuch as all allegations of sexual assault and rape have the potential to involve criminal conduct, the university strongly urges all victims to first report directly to Public Safety. Public Safety, Ext. 2111 Explanation of process; investigation of incident; arrange transportation to hospital; brochures and printed materials; referrals to other appropriate agencies. Counseling Services, Ext. 2255 Free and confidential services; short-term counseling; group support; selfhelp materials/videos; referrals to other appropriate agencies. Student and University Affairs, Ext. 2351 Investigates allegations/Student Conduct Code; brochures and printed materials; referrals to other appropriate agencies.
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Social Equity, Ext. 2109 Investigates allegations of sexual harassment; provides support training; brochures and printed materials; videos; referrals to other appropriate agencies. Keeling Health Center, Ext. 2121 Medical treatment; STD testing; brochures and printed materials; referrals to other appropriate agencies. Sexual Assault Network, Ext. 1877 Support and liaison; brochures and printed materials; referrals to other appropriate agencies. S.T.A.R., Ext. 2720 Students Together Against Rape, recognized student organization; peer counselors; pro-active events and services. Campus Ministry, Ext. 2711 Clergy contact; counseling services; brochures and printed materials; referrals to other appropriate agencies.
Sexual Harassment/Sex Discrimination
Social Equity, Ext. 2109 Investigates allegations; provides support training; brochures and printed materials; videos; referrals to other appropriate agencies. Student and University Affairs, Ext. 2351 Investigates allegations/Student Conduct Code; brochures and printed materials; referrals to other appropriate agencies. Counseling Services, Ext. 2255 Free and confidential services; short-term counseling; group support; self-help materials/videos; referrals to other appropriate agencies.
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Racial Harassment/Ethnic Intimidation
Social Equity, Ext. 2109 Investigates allegations; provides support training; brochures and printed materials; videos; referrals to other appropriate agencies. Student & University Affairs, Ext. 2351 Investigates allegations/Student Conduct Code; brochures and printed materials; referrals to other appropriate agencies. Public Safety, Ext. 2111 Investigates allegations; brochures and printed materials; referrals to other appropriate agencies. Counseling Services, Ext. 2255 Free and confidential services; short-term counseling; group support; self-help materials/videos; referrals to other appropriate agencies.
Disability Harassment/Discrimination
Social Equity, Ext. 2109 Investigates allegations; provides support training; brochures and printed materials; videos; referrals to other appropriate agencies. Student & University Affairs, Ext. 2351 Investigates allegations/Student Conduct Code; brochures and printed materials; referrals to other appropriate agencies. Counseling Services, Ext. 2255 Free and confidential services; short-term counseling; group support; self-help materials/videos; referrals to other appropriate agencies.
Sexual Orientation Harassment/Discrimination
Social Equity, Ext. 2109 Investigates allegations; provides support training; brochures and printed materials; videos; referrals to other appropriate agencies. Student & University Affairs, Ext. 2351 Investigates allegations/Student Conduct Code; brochures and printed materials; referrals to other appropriate agencies.
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Counseling Services, Ext. 2255 Free and confidential services; short-term counseling; group support; self-help materials/videos; referrals to other appropriate agencies.
Veterans' Status Discrimination
Social Equity, Ext. 2109 Investigates allegations; provides support training; brochures and printed materials; videos; referrals to other appropriate agencies. Student and University Affairs, Ext. 2351 Investigates allegations/Student Conduct Code; brochures and printed materials; referrals to other appropriate agencies. Counseling Services, Ext. 2255 Free and confidential services; short-term counseling; group support; self-help materials/videos; referrals to other appropriate agencies.
All Other Discrimination
Social Equity, Ext. 2109 Investigates allegations; provides support training; brochures and printed materials; videos; referrals to other appropriate agencies. Student and University Affairs, Ext. 2351 Investigates allegations/Student Conduct Code; brochures and printed materials; referrals to other appropriate agencies. Counseling Services, Ext. 2255 Free and confidential services; short-term counseling; group support; self-help materials/videos; referrals to other appropriate agencies.
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Additional Resources
Five presidential commissions have been appointed by the president to increase the level of awareness and sensitivity of the campus population concerning issues of equity and diversity. These commissions serve in an advisory capacity, and therefore do not function as investigatory bodies. The commissions are listed below in alphabetical order. Presidential Commission on Affirmative Action Presidential Commission on Disabilities Presidential Commission on Human Relations Presidential Commission on Sexual Harassment Presidential Commission on the Status of Women
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Sections of this booklet were prepared as follows: Student Rights and Regulations Compliance Manual
Prepared by Office of the Vice President for Student and University Affairs
Sexual Harassment Policy and Procedures
Published jointly by the Office of Social Equity and the Presidential Commission on Sexual Harassment. Approved by the Council of Trustees January 9, 1997; supersedes previous policy statement(s) on this subject
University Security Information Crime Statistics and Policy Report
Both the College and University Security Information Act and the Crime Awareness and Campus Security ACT of 1990 require the publication of certain information and statistics to be distributed to students, employees, and applicants.
On-Campus Safety and Equity Resources
Information in this section provided by the Office of Social Equity
Suppose YOU Were Raped Tomorrow
Department of Public Safety, Clarion University of Pennsylvania and special thanks to Ohio University Health Education Services for information contained in this section.
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It is the policy of Clarion University of Pennsylvania that there shall be equal opportunity in all of its educational programs, services, and benefits, and there shall be no discrimination with regard to a student's or prospective student's race, color, religion, sex, national origin, disability, age, sexual orientation/affection, veteran status or other classifications that are protected under Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and other pertinent state and federal laws and regulations. Direct equal opportunity inquiries to: Assistant to the President for Social Equity, 207 Carrier Administration Building, Clarion, PA 16214-1232, 814-393-2000, and direct inquiries regarding services or facilities accessibility to 504/ADA Coordinator (Assistant Director for Social Equity), 207 Carrier Administration Building, Clarion, PA 162141232, 814-393-2000; (or to the Director of the Office for Civil Rights, Department of Education, 330 Independence Avenue, SW, Washington, DC 20201).
Clarion University Publications Office, 7/02
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