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Office of the Vice President for Student Affairs.
Failure to forward a written report within the time



48



period indicates ihe chairperson's affirmation of the
sanction reconiniended by the instructor.

B. Within six class or work days of the receipt of the
chairperson's report, the student tnay appeal to the
Office of the Vice President for Student Affairs in
writing.

C. If the chairperson decreases the sanction originally
recommended by the instructor, the instructor may
appeal to the chairperson's ruling to the vice presi-
dent for Student Affairs within six class or work
days of the receipt of the chairperson's report.

D. If an appeal is filed, the vice president for student
affairs or his her designee shall convene the Univer-
sity Judicial Board to hear the appeal. The UJB
may accept the instructor's sanction, accept the
chairperson's ruling, reduce or nullify the sanction
so far recommended, or send the case back to the
chairperson for reconsideration along with Judicial
Board recommendations.

The UJB may not increase the sanction originally recom-
mended by the instructor. Within five class or work days
of the hearing, the UJB must send a written report of its
decision to the student and instructor involved. The deci-
sion is deemed final and will be implemented by the vice
president for Student Affairs.

If the student does not appeal the instructor's recom-
mended sanction within six class or work days, it shall be
automatically invoked. Failure to appeal the decision con-
stitutes a waiver of the right to a hearing. Appeal to the
deadlines established above may be made by either party
to the vice president for student affairs. If a faculty mem-
ber chooses not to file a formal academic violation report,
it is recommended that he/she complete a statement that
summarizes the conference which led to the resolution and
agreement of sanction with signatures by both parties and
copies for both the student and faculty records. No aca-
demic violation report is then made, but if a student ap-
peals at a later time, the faculty member may then file a
formal academic violation report.



Alcohol Policy



A. Rationale

lUP seeks to encourage and sustain an academic envi-
ronment that both respects individual choice and pro-
motes the health, safety, and welfare of all members of
the university community. Accordingly, the university
offers these statements for guidance and the policies
which follow as regulation of alcoholic beverages,
consistent with the statutes and laws of the Common-
wealth of Pennsylvania.

In support of its mission, the university sponsors edu-
cational programs on the physical, psychological,
social, and behavioral effects of alcohol consumption.
It provides alternatives to alcoholic beverages for pro-
moting social interaction, and it provides services and
resources for community members who experience
difficulty in dealing with personal or family alcohol-
related issues. lUP's alcohol policy and programs are
intended to encourage community members to make
responsible decisions about the use of alcoholic bever-
ages and to promote a safe, lawful, and healthy envi-
ronment for social intervention.



While acknowledging that alcohol may play a role in
some social sellings, the university expects all members
of the community to recognize the potential for abuse
of alcohol whenever it is consumed. Such abuse is
absolutely inimical to the mission of the university.
Alcohol consumption will not be considered an excuse
for misconduct but rather as an aggravating factor to
the misconduct in question.

The university expects that members of the campus
community who choose to consume or serve alcoholic
beverages will do so responsibly and as a result of
making an informed decision. This decision should be
based upon consideration of the consequences to self,
to others, and to the community at large and with full
awareness and understanding of individual and group
accountability, behavioral consequences, relevant poli-
cies, regulations, and laws.

Since lUP students live among the permanent residents
of the Indiana community, the university also expects
alcohol-related behavior to be in accordance with local
community standards. Such standards are not tolerant
of gatherings which are either boisterous or in viola-
tion of Pennsylvania alcohol laws, as may occur in
concentrated residential environments characterized by
student housing.

The preceding statements exist for the guidance of all
university community members. The regulations which
follow are intended to govern the use of alcoholic bev-
erages on property owned, operated, or supervised by
the university or Student Cooperative Association.

B. Policy

1. Alcoholic beverages are not permitted on university
or Student Cooperative Association grounds or in
buildings including residence halls, except as pro-
vided below:

a. Alcoholic beverages may be possessed and served
at university functions provided that written
permission is granted by the appropriate vice
president or his or her designee prior to the
event. When alcoholic beverages are served, the
event host is responsible for supervision of the
event and for ensuring that state law is followed.

b. Campus and University Towers: Residents who
are of legal age may consume alcohol in the pri-
vacy of their apartments. Parties which involve
kegs or similarly large amounts of alcohol are
prohibited. Behavior resulting from the use of
alcohol or a party situation which is disruptive to
an individual or the community may result in
judicial action. Alcohol is not permitted in pub-
lic areas.

c. University-owned Greek units (898, 880, 890
Maple Street): Students who are of legal age may
consume alcohol in the privacy of their rooms.
One small public area within each unit may be
approved upon request by the university as an
area where alcohol may be consumed by those of
legal age. However, parties which involve kegs or
similarly large amounts of alcohol are prohib-
ited. Behavior resulting from the use of alcohol
or a party situation which is disruptive to an
individual or the community may result in judi-
cial action. In addition, Greek resident groups



49



may request to host an event which includes
alcohol (i.e., Homecoming or Founder's Day
activities) for special occasions, but the group
must receive university permission in advance of
any event. Alcohol is strictly forbidden in the
area outside Greek units, on porches, or on sur-
rounding land.

d. University or Student Cooperative Association
professional staff members whose permanent
place of residence is on campus may possess and
consume alcoholic beverages in their residences.

e. Nonuniversity guests who rent or schedule uni-
versity facilities following the university schedul-
ing policy may serve alcoholic beverages
provided that approval is granted by the vice
president for Student Affairs and that all appli-
cable laws, ordinances, and university policies
are followed.

f. Alcoholic beverages are prohibited on all Student
Cooperative Association properties except the
University Lodge. To serve alcohol at the Univer-
sity Lodge, all participants must be of legal age,
and the sponsor must show proof of Host Liq-
uor Liability Insurance of at least $500,000 with
lUP, the Student Cooperative Association, and
the College Student Union Association named as
additional insureds. Alcohol permission forms
are available from the director of the Hadley
Union Building and Campus Recreation.

g. Alcoholic beverages may be possessed and served
within a designated area for "tailgating" at home
football games provided that individual hosts
ensure compliance with all applicable laws, ordi-
nances, and specific guidelines for the tailgating
area. The university reserves the right to mandate
further regulations in this regard.

2. Alcoholic beverages are not permitted within gym-
nasiums or fields at athletic events.

3. State funds may not be used to purchase alcoholic
beverages.

4. On-campus publicity for any campus or off-campus
event sponsored by recognized organizations or
members of the lUP community may not include
the advertising of the availability of alcohol at those
events and may not use the availability of alcohol as
an incentive to attend those events. Unless an event
is specifically advertised as nonalcoholic, the use of
illustrations or terminology which implies the use of
alcohol in this community is prohibited.

C. Pennsylvania Liquor Code

The Pennsylvania Liquor Code controls the posses-
sion, sale, and distribution of alcoholic beverages
within the Commonwealth of Pennsylvania. The fol-
lowing represents a summary of relevant articles from
the code:

1. It is a summary offense for a person under the age
of twenty-one to purchase or attempt to purchase,
consume, possess, or transport any alcohol, liquor,
or malt or brewed beverages.

2. It is unlawful to sell or give alcohol or malt or
brewed beverages to any minor (under twenty-one).
When the minor is less than eighteen years of age,



it is a misdemeanor of the first degree punishable
by a maximum penalty of five years in jail and a
$10,000 fine.

3. It is unlawful to transfer or to procure unlawfully
a Liquor Control Board card. This offense is pun-
ishable by up to sixty days in jail or a $300 fine.

4. It is a misdemeanor of the third degree to misrep-
resent one's age knowingly and falsely to obtain
alcoholic beverages or to represent that another is
of legal age for such a purpose.

5. It is a misdemeanor of the third degree if a person
requests or induces a minor to purchase alcoholic
beverages.

6. Sales of alcoholic beverages without a Liquor
Control Board license or the purchase of such
beverages from an unlicensed source of liquor or
malt or brewed beverages are prohibited.

7. It is unlawful to possess or to transport liquor or
alcohol within the Commonwealth of Pennsylva-
nia unless it is purchased from a state liquor store
or in accordance with Liquor Control Board
regulations.

8. It is a summary offense punishable by a fine of up
to $300 for the driver of a motor vehicle to con-
sume alcoholic beverages while the vehicle is in
operation.

9. A pedestrian under the influence of alcohol who
creates a hazard by walking on the road can be
convicted and fined up to $300 as a summary
offense.

10. Borough of Indiana вАФ Ordinance #1376: It is un-
lawful to possess an open container of an alcoholic
beverage while in or upon public streets, alleys,
parks, or other public grounds.

D. Alcoliol Liability in Pennsylvania

In December, 1986, The United States Court of Ap-
peals for the Third Circuit, in a case titled Fasset vs.
Delta Kappa Epsilon (New York), the Villanova chap-
ter of Delta Kappa Epsilon, et. al., reviewed the law of
Pennsylvania concerning the liability of a social host
who serves alcohol. The court held that particular
defendants could be held liable if they had an intention
to promote or facilitate the consumption of alcohol by
a minor or attempted to aid in the consumption of
alcohol by minors. Consequently, the court held that
the president of the fraternity that sponsored the party
(because he helped organize the party), the treasurer of
the fraternity who signed a check for the purchase of
the alcohol, and three other individuals who allowed
their apartment to be used for the party where minors
were served intoxicating beverages could all be held
liable for injuries to the intoxicated minor and any
third parties injured by the minor.

Thus, individuals in Pennsylvania who furnish alco-
holic beverages to minors not only commit a violation
of law, hut they also render themselves potentially
liable for any injuries the minor might sustain and for
any injuries that third parlies might sustain due to an
act of an intoxicated minor. Individuals potentially
liable for such damages include not only those who
physically furnish the alcohol to the minor hut any
persons who aid and assist in the furnishing of the



50



alcohol ihnnig/i its piirchase or ihroiit;li (iriianizing,
liosiini", or siipptiriitii; the event at which the alcohol is
made aiailahlc.

Kesourct's

Members of ihe university communily who experience
alcohol-relaied problems or who are concerned about
another wlio may be liaving such dit'llculties are encour-
aged to seek assistance from any ot the following agencies:

On campus:
BACCHUS
226 Stouffcr Hall ext. 7625

Chemical Health Program

Pechan Health Center Room 209, ext. 4799

Counseling and Student Development Center
119 Clark Hall, ext. 2621

Off campus:

Open Door

20 South Sixth St., Indiana, PA 15701 465-2605

Armstrong/Indiana County Drug and Alcohol Commis-
sion A02. Box 67, Rte. 422'West, Shelocta, PA 15774
354-2746

A. A. (Alcoholics Anonymous) Al-Anon and/or Alateen
20 South Sixth St., Indiana, PA 15701 349-4061

Note: this is an interim policy to be acted upon by the
University Senate in Fall, 1991.

Involuntary Withdrawal Policy

The university community occasionally faces the problem
of students who pose a threat to themselves or others, who
are unable to cope with their own needs, or who create a
pattern of extreme disruption. If such behavior constitutes
a violation of university rules and regulations the case will
be referred to the University Judicial System for action.

If the student's behavior occurs in the absence of any vio-
lation of rule or regulation, the vice president for Student
Affairs will investigate the situation and the effect of be-
havior on the student and the university community. The
vice president may require a personal interview with the
student. If, as a result of this investigation, the vice presi-
dent determines that the student's withdrawal from cam-
pus may be necessary, he/she will recommend withdrawal
to the student. If the student will not withdraw voluntarily,
the vice president will consult with the Committee on In-
voluntary Withdrawal to advise him/her in the disposition
of the case. The committee will consist of the student's
dean or department chairperson and a representative from
both the Health Center and the Center for Student Devel-
opment. Neither representative should have had direct
professional contact with the student. The committee will
recommend to the vice president a course of action which
may include involuntary withdrawal of the student from
campus with conditions for readmission.

Students who leave campus under the above conditions,
either voluntarily or involuntarily, will be readmitted to
the university only after being cleared by the vice president
for Student Affairs with concurrence of the dean of the
college in which the student is enrolled. Permission for
readmission will typically be based on the student's dem-
onstrating a period of stable behavior outside the univer-
sity and may require a statement from a physician,



psychologist, or other qualified professional that the stu-
dent is ready to return and cope with the stresses of univer-
sity life. Conditions for follow-up services may be required
as part of the readmission decision.

It is understood that involuntary withdrawal for a student
from the campus will be undertaken only as a la.st resort.
Hvery effort will be made to help the student understand
the consequences of his/her behavior, make responsible
decisions, and to develop skills that will allow him or her
to function in the lUP community.

Solicitation Policy

A. Definitions

As used in these regulations, the term:

1. "Solicitation" refers to the act of approaching an-

other with the intent to petition or request support
(e.g., monetary support or personal commitment).
Examples of solicitation include distributing litera-
ture, holding meetings, conducting surveys, and
placing advertisements on bulletin boards.

2. "Commercial solicitation" refers to the solicitation

of a sale of any lawful consumer product or serv-
ice. Commercial solicitation includes the demon-
stration or explanation of such products or
services. The term does not include the solicitation
of sales of newspapers, magazines, journals, and
similar printed media. Contract sales of newspa-
pers and journals are considered to be commercial
solicitation.

3. "Noncommercial solicitation" refers to sales of

newspapers, magazines, and books and acts of
solicitation that do not involve an attempt to sell
consumer products or services. Examples of non-
commercial solicitation include political cam-
paigning or lobbying; meetings of religious
groups; or cultural associations.

4. "Fund-raising for noncommercial purposes" refers

to fund-raising by a nonprofit educational, chari-
table, political, or religious association, organiza-
tion, or corporation for the purpose of generating
funds to support the entity's educational/
charitable/political/religious activities or the
educational/cultural/social missions of the univer-
sity. The term includes the making of donations
and can encompass sales as well as commercial
and noncommercial solicitation.

5. "Group solicitation" refers to solicitation involving

a gathering of more than two persons at the same
time.

6. "Sale" refers to an actual transaction (e.g., the ex-

change of money, the signing of a written contract,
or the making of a binding contractual commit-
ment to purchase a product or service).

7. "Recognized campus organization" means any

group, association, organization, or corporation
officially recognized by or officially affiliated with
the university or any organization whose primary
mission as determined by the student affairs office
of the university is to further the educational/
social/cultural missions of the university.

8. "Outside individual, group, entity, association,

organization, or corporation" refers to individuals



51



who are neither university students nor university
employees and groups, entities, associations, orga-
nizations, and corporations that are not officially
recognized by or affiliated with the university. The
term includes university employees and students
when they are conducting solicitation on behalf of
themselves individually or when they are acting on
behalf of groups, entities, organizations, associa-
tions, or corporations not officially affiliated with
or recognized by the university.

B. Solicitation and Facility Use in University Residence
Halls

1. General Requirements and Prohibitions

a. Solicitation and facility use in the main floor
lounge area and upper floor lounge areas. Prior-
ity in granting permission for the use of the fore-
going facilities shall be on a first-come,
first-served, space-available basis, subject to the
following priorities:

1) Residence hall residents who wish to use the
facilities for purposes directly related to their
academic program of study and residence hall
residents who wish to use the facilities for
social, recreational, educational, and cultural
purposes shall have first priority.

2) University students who do not reside in the
residence halls and recognized campus organi-
zations and organizations affiliated with the
university shall have second priority.

3) Outside individuals, entities, associations,
corporations, groups, or organizations who
have received approval from the Office of
Vice President for Student Affairs shall be
given third priority.

b. Registration

1) Outside individuals, entities, groups, associa-
tions, organizations, and corporations are
required to request approval to solicit in the
residence halls from the Office of Vice Presi-
dent for Student Affairs a minimum of seven
days in advance. If approval is granted from
the Office of Vice President for Student Af-
fairs, the individual, group, entity, associa-
tion, or corporation must then reserve a
lounge by contacting the residence director of
the facility a minimum of three days in
advance.

2) Recognized campus organizations shall be
required to request approval to solicit in the
residence halls with the residence director of
the facility a minimum of three days in
advance.

c. Door-to-Door Solicitation

No door-to-door solicitation is permitted in the
residence halls by an individual or group. Activi-
ties that advance the mission of the university as
determined by the Office of Housing and Resi-
dence Life may be authorized.

d. Solicitation in Residence Hall Rooms

The occupant of a residence hall room will be
permitted to invite individuals, groups, organiza-



tions, associations, and corporations to conduct
group or individual commercial and noncom-
mercial solicitation in his/her residence hall
room, provided that such activity does not create
undue noise or disturb either the occupant's
roommate or occupants of nearby rooms. These
gatherings may not extend out into the hallways.

e. Access to Residence Hall Residents' Mailboxes

The university will allow only stamped U.S.
Postal Service mail, official campus mail, indi-
vidually addressed mail, and mail from the Resi-
dence Hall Association (RHA) and the Office of
Housing and Residence Life to be placed in resi-
dence hall residents' mailboxes.

f. Bulletin Boards

The university will reserve portions of bulletin
boards for itself and for individuals, groups,
associations, organizations, and corporations
that have priority under section bl "General Re-
quirements and Prohibitions". (Please refer to
Sign and Poster policy within this handbook for
specific details.)

g. Leafletting shall be permitted in the main floor
lounge area of the residence hall.

2. Sales of Consumer Products and Services

a. The university will require outside individuals,
entities, groups, associations, organizations, and
corporations engaged in the sale of consumer
products to donate twenty percent of the profits
resulting from sales on campus to the General
University Fund.

b. The university will limit all group sales of con-
sumer goods and services to the main floor
lounges and upper floor lounges.

3. Special Rules Governing Donations to Political/
Cultural/Educational/Religious Organizations and
Sales of Newspapers, Books, and Other Printed
Media

a. Individual distribution of newspapers/books/
other printed media, as well as the individual
solicitation and making of donations to
political/cultural/educational/religious organi-
zations, shall be permitted in the residence halls
to the extent that the invitation and registration
requirements set forth in section Bl "General
Requirements and Prohibitions" are met.

C. Solicitation and Facility Use in the Hadley Union
Building

1. Advance Registration and Permission

Recognized campus organizations as well as outside
individuals, group associations, organizations, and
corporations shall be required to request permission
to solicit from the director of the Hadley Union
Building or his/her designee a minimum of three
days in advance.

2. If Approval is Granted

Priority in granting permission for booths and
rooms shall be granted on a first-come, first-served,



52



space-available basis, subject to the right of the
Student Cooperative Association to grant the fol-
lowing priorities:

a. Recognized campus organizations, organizations
affiliated with the university, university students,
and university employees who wish to meet in a
room or set up a booth in order to engage in
noncommercial solicitation shall have first
priority.

b. University students who wish lo meet for pur-
poses directly related to their academic study
and recognized campus organizations and orga-
nizations affiliated with the university who wish
to engage in fund-raising for noncommercial
purposes shall have second priority.

c. Outside individuals, associations, corporations,
groups, or organizations who wish to engage in
noncommercial solicitation or fund-raising for
noncoinmercial purposes shall have third
priority.

d. Individuals, associations, corporations, groups,
or organizations who wish to engage in commer-
cial solicitation for profit shall be given last
priority.

3. The Student Cooperative Association is required to
limit commercial solicitation by individuals, associ-
ations, groups, or organizations to designated
booths and rooms that have been reserved in ac-
cordance with item C2 of this policy.

4. Individuals, entities, associations, corporations,
groups, and organizations, regardless of whether or
not they are affiliated with the university, will be
permitted to engage in group or individual noncom-
mercial solicitation in any area of the Hadley Union


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