Copyright
Indiana University of Pennsylvania.

The Eye online

. (page 8 of 12)
Online LibraryIndiana University of PennsylvaniaThe Eye → online text (page 8 of 12)
Font size
QR-code for this ebook


traffic

2. Obstruct entrances or exits to buildings or drive-
ways

3. Interfere with educational activities inside or out-
side the building

4. Harass passersby or otherwise disrupt normal ac-
tivities

5. Interfere with or preclude a scheduled speaker from
being heard

6. Interfere with scheduled university ceremonies or
events

7. Damage property, including lawns, shrubs or trees

Students, personnel, or visitors to the university who
interfere with the operation of the university or the
rights of others will be asked by Campus Police to
disperse and/or comply with this policy within a stipu-
lated period of time. Failure to respond positively to
such a request may result in arrest by Campus Police
and/or disciplinary action by the university.

Student Records Policy

1. The right of students and alumni to review their educa-
tional records applies retroactively to the date of pas-
sage (June 21, 1957) of the Right-to-Know Law. In
these guidelines, the word "students" shall be defined to
mean all individuals who have matriculated at lUP
since June 21, 1957.

2. Students will, upon request, be given access to their
educational records. Educational records are those
records, files, documents, and other materials which
contain information directly related to a student and
which are maintained by the university or by a person
acting for the university. The term does not include
records of instructional, supervisory, and administra-
tive personnel and educational personnel ancillary
thereto which are in the said possession of the maker
thereof and which are not accessible or revealed to any
other person except an official substitute for the maker.
A list of official student records may be obtained from
the vice president for Student Affairs.

3. Students who wish to see their records must make an
appointment in advance with the proper official. The
official must honor the request within five working
days.

4. No evaluative materials may be removed from any uni-
versity files by the student. A student is entitled to one



39



copy or photostat of any material contained in his/her
file. Any costs involved shall be the responsibility of the
student.

5. The university official has the right to destroy irrele-
vant, dated, defamatory, or unnecessary evaluative or
opinion records in the field. The official has wide au-
thority to make such judgments with or without the
consent of the student affected or of the person who
submitted the information. An exception is when the
student's records have been communicated to a person
outside the institution, e.g., a potential employer. In
such cases, the student shall be given the opportunity to
view and copy the information before it is destroyed.

6. Students will be permitted to insert a rebuttal concern-
ing any material contained in their files.

7. A student may challenge the accuracy of material con-
tained in his/her file. Once such a challenge is made in
writing, it will be the responsibihty of the university
official in charge of the file to determine the validity of
the challenge. The university official shall make a writ-
ten request to the student's challenge, specifying the
action taken. Should a factual error be found in any
materials, the student may submit a written appeal of
the decision to the vice president for Student Affairs
within six calendar days. The vice president will con-
vene the University Judicial Board or a similar hearing
body to review the appeal.

8. A university official may not release a student's record
without the written consent of the student. The only
exceptions to this guidehne are those outlined in the
Family Educational Rights and Privacy Act of 1974,
which include:

a. Directory information — lUP classifies the following
information as directory information: the student's
name, address, telephone number, date and place of
birth, major field of study, participation in officially
recognized activities and sports, weight and height
of members of athletic teams, dates of attendance,
degrees and awards received, the most recent pre-
vious institution attended by the student, and other
similar information.

The university may release this information upon
request unless a student indicates some or all infor-
mation should not be released. To exercise this right,
a student must notify the registrar in writing at the
beginning of the Fall term, indicating the informa-
tion which is not to be released.

b. Health and safety emergencies: Information may be
released to appropriate parties if knowledge of the
information is necessary to protect the health or
safety of the student or other individuals.

Affirmative Action Policy for I UP

ILIP affirms the concept of human rights and dignity and
is committed to providing leadership in taking action to
assure equal educational and employment rights for all
persons without regard to race, color, religious creed, life-
style, affectional or sexual preference, handicap, ancestry,
national origin, union membership, age, or sex. Respect
for the individual in the academic community must not be
abridged and abused. Harassment or disregard of a person
based on any of these characteristics is particularly intoler-
able on the university's campus. Affirmative action will be



taken to insure the implementation of this policy to univer-
sity employment and admissions. This policy and the obli-
gation to provide equal opportunity include the following
commitment:

1. To recruit, hire, utilize, train, and promote for all job
classifications and to admit and educate students with-
out regard to race, color, religious creed, lifestyle, af-
fectional or sexual preference, handicap, ancestry,
national origin, union membership, age, or sex.

2. To base decisions on selection, employment practices,
employee utilization, job training, career mobility, pro-
motion, program operation, and services provided to
further the principles of equal employment opportunity
and affirmative action.

3. To assure that all other personnel actions, such as com-
pensation, benefits, transfers, furloughs, returns from
furloughs, agency-sponsored training, educational
benefits, tuition assistance, social and recreational pro-
grams, etc., are administered in keeping with the policy,
strategies, objectives, goals, and timetables of the
Equal Opportunity Act and the Affirmative Action
Plan of the university.

4. To create and maintain a workplace and educational
climate free from discrimination and harassment of any
employee or student.

5. To create and maintain a workplace and educational
climate free from sexual harassment of employees or
students.

6. To make every effort to increase employment and edu-
cational opportunities for qualified handicapped appli-
cants and employees.

7. To assure that in offering employment or promotion to
handicapped persons, no reduction in compensation
will result because of disability income or other
benefits.

8. To assure that reasonable accommodation will be made
for the physical limitations of an applicant or student.

Since lUP is an equal opportunity/affirmative action em-
ployer, this document is applicable to employees/enrollees
of lUP under provisions of federal and state laws includ-
ing Titles VI and VII of the Civil Rights Act of 1964, Title
IX of the Educational Amendments of 1972, Section 503
and 504 of the Rehabilitation Act of 1973, as well as fed-
eral and state executive orders. This policy extends to dis-
abled veterans and veterans of the Vietnam era.

Overall responsibility for the implementation of the uni-
versity's Affirmative Action Program and Policy has been
assigned to Cynthia Cronk, director of the Office of Hu-
man Resources.

Any employee or student having suggestions, problems, or
complaints with regard to equal employment opportunity
or affirmative action is encouraged to contact the Office
of Human Resources. Cynthia Cronk, the director, can be
reached by writing to G30 Sutton Hall or by calling
ext. 2431.

Employees or students having suggestions, problems or
complaints with regard to equal opportunity in sports
(intercollegiate and intramural) should contact Linda Hall,
assistant vice president for Student Affairs, 215A Sutton
Hall, ext. 4040.



40



At'l'irmative Action Grievance Procedure

11 ciilicr an employee or a studeni leels that she/he has
been discriminated against because of race, color, religious
creed, lilesiyle, al'tectional or sexual preference, handicap,
ancestry, national origin, union membership, age or sex,
including the denial of access to either campus facilities or
programs, the employee or student is advised to pursue
corrective action through the following procedure:

Step 1

The employee will lodge an oral complaint w iih the appro-
priate dean, program director, or management representa-
tive. Students may direct complaints to the appropriate
dean or program director or to the assistant vice president
for Student Affairs, 2I5A Sutton Hall, ext. 4040. The
employee or student should specifically mention the name
or organization against whom the complaint is being
lodged, sufficient factual information to permit the re-
viewing individual the ability to investigate the complaint,
and the outcome desired by the complainant. The appro-
priate individual will then investigate and respond to the
employee or student outlining the findings of the investi-
gation and the intended action to be taken, if any. If the
action or response at this step is unsatisfactory, the em-
ployee or the student may then pursue the complaint to
the second step.

Step 2

The employee or student will present a formal written
complaint to the director of Human Resources, G-30 Sut-
ton Hall, ext. 2431. The complaint shall contain the same
type of information required at Step 1. The director of
Human Resources will then meet with the complainant to
discuss the material contained in the formal complaint.
The director will then meet with the alleged offender to
discuss the complaint and its possible consequences. After
an investigation, a report of findings will be sent to the
president. The president or his/her designee will render a
final decision. This step will be completed in thirty days.
This deadline can be extended by written consent of the
university president.

At any step in the above procedure the complainant and/
or the accused party may be represented by an advocate or
legal counsel of his or her own choice.

This complaint procedure is not intended to interfere with
any legal rights an employee or student may possess under
the statutes of the Commonwealth of Pennsylvania and/or
the Government of the United States of America. Like-
wise, it is not intended to interfere with any rights an
employee may have under the appropriate collective bar-
gaining agreement between the employee representative
and the Commonwealth of Pennsylvania.

lUP Sexual Harassment Policy
Statement and Grievance Procedure

Interim Sexual Harassment Policy Statement

1. Purpose: To announce the establishment of a policy on
sexual harassment for the university.

2. Scope: The policy includes all sexual harassment as
defined below and is intended to apply to the entire
university community.

3. Objectives: The Sexual Harassment Policy defines sex-
ual harassment; establishes a process by which allega-



tions of sexual harassment will be reviewed; and makes
clear to the university community the commitment of
the university to the elimination of all forms of Sexual
harassment.

4. Policy: lUP affirms that sexual harassment is a viola-
tion of basic human rights, inconsistent with the pur-
pose and principles of an academic community. Sexual
harassnwnl uj students and employees is unacceptable
conduct and will not be tolerated.

Any university community member who engages in
sexual harassment is subject to the disciplinary process
appropriate to his/her classification as an employee or
student.

The right to confidentiality of all parties involved in a
sexual harassment complaint shall be strictly adhered to
insofar as it does not interfere with the university's legal
obligation to investigate allegations of misconduct and
to take appropriate corrective action.

lUP prohibits retaliatory action against individuals
filing either informal or formal complaints of sexual
harassment. Nothing contained in this policy protects
an individual who maliciously makes false accusations.
While seeking to protect those whose dignity might be
compromised, it must be emphasized that false accusa-
tions of sexual harassment will not be tolerated.

5. Definition: Sexual harassment is a form of sex discrimi-
nation that is reprehensible and unlawful. Title IX of
the education amendments of 1972 prohibits sex dis-
crimination in employment.

Sexual harassment is defined as

a. making unwelcome sexual advances;

b. requesting sexual favors;

c. verbal or physical conduct of a sexual nature — when
submission to such conduct is made, either explicitly
or implicitly, a term or condition of a person's em-
ployment or education;

d. verbal or physical conduct of a sexual nature —
which has the purpose or effect of unreasonably
interfering with an individual's academic, personal,
or professional performance;

e. verbal or physical conduct of a sexual nature —
which has the purpose or effect of unreasonably
creating an intimidating, hostile, or offensive educa-
tional, social, or work environment;

f. basing employment or academic decisions upon a
person's submission to or rejection of verbal or
physical conduct of a sexual nature.

Sexual harassment occurs in a variety of situations.
Many of these situations have two circumstances in
common:

- the inappropriate introduction of sexual activities into
relationships of unequal power; and

- an element of coercion — so that compliance with
requests for sexual favors becomes a criterion for
granting employment or academic benefits.

Sexual harassment may also involve relationships
among equals. In these cases repeated sexual advances
or demeaning, verbal behavior have a harmful effect on
one's ability to study, live, or work within the academic
community.



41



Further examples of sexual harassment which are in-
tended to clarify this definition include the following:

Comments, innuendos, jokes of a sexual nature; unwel-
come sexual flirtations when unreasonable and known
to be unwelcome

Unwelcome invitations to engage in sexual activity

Physical touching of a sexual nature or "fatherly" or
"motherly" touching which is unwelcome

Pressure to engage in sexual activity as a condition of
academic progress, employment or promotion

Sexual assault, including acquaintance or date rape

The creation of a sexual environment which is intimi-
dating, hostile or offensive

Persistent unwanted attempts to change a professional
relationship to a personal one

6. Responsibilities: It is the responsibility of students,
faculty, and staff members to report complaints of
sexual harassment.

7. Procedure:

Step I - Informal Meeting

A primary purpose of the complaint process is to at-
tempt to resolve the complaint at the earliest possible
time. An individual who believes he/she has been sexu-
ally harassed may attempt to stop the unwanted atten-
tion by informing the offending party that his/her
actions or attentions are offensive and firmly asking
that the actions or attentions cease.

If this request does not stop the harassment, or if the
offended person prefers not to approach the offender,
corrective action may be pursued through the following
procedures.

Step II - Investigation Procedures

The offended individual (student or employee) should
report sexual harassment to the designated individual
within each university division.

Students who are uncertain as to which university divi-
sion is correct for reporting incidents of sexual harass-
ment should contact the Office of the Assistant Vice
President for Student Affairs in 21 5 A John Sutton



Hall. The Office of the Assistant Vice President for
Student Affairs will direct students to the appropriate
division.

If the alleged offender is a member of the:

Academic Affairs Division, report the complaint the
Sharon Brown-McGowan at 204 Sutton;

Student Affairs Division, report the complaint to
Linda Hall at 215A Sutton;

Finance Division, report the complaint to Andrea Mor-
mon at G-27 Stright;

Administrative Division, report the complaint to Pam
Froelicher at Robertshaw ;

Institutional Advancement Division, report the com-
plaint to Karen Gresh at Sutton.

The division designee will notify the director of Human
Resources, who will advise on procedures and required
action for investigation and response.

Complaints will be investigated as promptly as practi-
cable. If misconduct has occurred, effort shall be made
to ensure that timely disciplinary actions shall be taken
in accordance with collective bargaining agreements
and university policy. The complainant, upon request,
will be provided with appropriate assistance and
support.

Step III - Formal Written Complaint

If the complainant is not satisfied that the situation has
been successfully resolved, he/she may contact the
director of Human Resources to file a formal written
complaint. The complaint will be investigated and a
report of the findings will be sent to the president.
Upon review of the findings, the president (or designee)
shall take appropriate action consistent with university
policy and collective bargaining agreements.

Disciplinary action may include the termination of
employment or dismissal from the university.

Questions regarding the Sexual Harassment Policy or
complaint procedures may be directed to the director of
Human Resources, G-30 John Sutton Hall, lUP. This
policy was approved by the University Senate on
May 1, 1990, and announced as the interim policy on
May 18, 1990.



42




Policies and Regulations Regarding
Student Behavior

Judicial System

A. Introduction

lUP is an academic community within the society at
large. As a community, it has formulated a code of
standards and expectations which the university con-
siders to be consistent with its purpose as an educa-
tional institution. lUP reaffirms the principle of
student freedom, coupled with an acceptance of full
responsibility for one's behavior and the consequences
of such behavior. As a member of the academic com-
munity and of the larger society, a student retains the
rights, protection, guaranties, and responsibilities
which are held by all citizens.

The primary intent of this education system is to create
behavioral change in the student while also protecting
the rights of the members of the university community.
The judicial system of lUP exists to review alleged
violations of the university regulations and/or federal,
state, and local ordinances. The system will hold the
student accountable for his/her actions when lUP
regulations or statutes have been violated.

B. Definitions

1. The term "university" shall refer to the community
of faculty, staff, and students at lUP, as well as to
premises and facilities.

2. The term "student" shall include any person cur-
rently enrolled, in the process of registration, or
who will be registered for an academic term,
course, program, or activity at the university.

3. The term "faculty member" shall mean any person
employed by the university who holds academic
rank or performs teaching or research duties.



4. The term "staff member" shall mean any person
employed by the university or the Student Cooper-
ative Association who is not considered faculty.

5. The term "university premises/facilities" shall
mean all buildings or grounds owned, leased, oper-
ated, controlled, or supervised by the university or
the Student Cooperative Association.

6. The term "organization" shall mean a group of
persons who have complied with university re-
quirements for registration or recognition.

7. The term "university (sponsored) activity" shall
mean any activity on or off campus which is initi-
ated, aided, authorized, or supervised by the
university.

8. The terms "will" and "shall" are to be used in the
imperative sense, not imparting a choice.

9. The term "may" is to be deemed permissive, im-
parting a choice.

10. The terms "Vice President for Student Affairs"
and "Director of Housing and Residence Life"
refer to the individuals holding those positions
and/or their designees.

Student Behavior Regulations

Although the primary function of the judicial system is
to adjudicate violations by students which occur on
campus, the university reserves the right to adjudicate
violations by university students in off-campus loca-
tions when those violations might affect the university
community adversely. The university maintains the
right to amend its rules and to make such amendments
effective immediately upon appropriate public notifi-
cation of students. The following actions and/or be-
haviors are expressly prohibited on university premises
and facilities. It is the responsibility of each student to
become familiar with these regulations.

1. Unauthorized Entry

Unauthorized entry to or use of university facili-
ties, property, or equipment.

2. Property

a. Possession of stolen university property or the
property of any individual, group, or entity.

b. Theft of university property or property of any
individual, group, or entity.

c. Destruction and/or damage to university facili-
ties or to the property of any individual, group,
or entity.

3. Event Registration: Facilities Use

Violation of policies or regulations governing the
registration of student organizations, events on
campus, and use of university facilities.

4. Alcohol

a. Possession and/or consumption of alcoholic
beverages on campus except as provided in the
University Alcohol Policy.

b. Underage Drinking — possession, consumption,
and/or sale or distribution of alcohol by or to
persons under the age of twenty-one.

5. Automotive

Violation of Student Cooperative Association or



43



university policies and regulations governing the
possession or use of automobiles, motorcycles, or
other motor vehicles on campus or violations of
parking regulations published by the University
Police.

6. Obstruction/Disruption

Obstruction or disruption of teaching, research,
administration, disciplinary procedure, or other
university activities including its public service
functions, or of other authorized activities.

7. Abuse/Harassment

a. Abuse — Physical and/or verbal assault, includ-
ing rape or attempted rape, or conduct which
threatens or endangers the health, safety, or
well-being of any person or group. Rape is
defined as sexual intercourse that is perpetrated
against the will of the victim by a person or
persons known or unknown to the victim.

b. Harassment — Physical and/or verbal intimida-
tion, invasion of privacy, and/or conduct
which threatens the well-being of any person or
group. Examples include, but are not limited to
harassment based on gender, racial/ethnic
background, religious belief, sexual orienta-
tion, and physical disability.

8. Drugs

Possession, use, or distribution of controlled sub-
stances and/or paraphernalia containing evidence
of such substance, except as expressly permitted by
law.

9. Disorderly/Obscene Conduct

a. Disorderly conduct — behavior that disrupts or
interferes with the orderly functions of the
university, disturbs the peace and/or comfort
of persons, or interferes with the performance
of duties by university personnel.

b. Obscene conduct — any conduct that is lewd or
indecent.

10. Noncompliance

Failure to comply with the direction of an author-
ized university or Student Cooperative Association
official and/or staff member acting in the per-
formance of his/her duties or other persons re-
sponsible for a facility or registered function
acting in accord with those responsibilities. (This
person must identify himself/herself and state the
reason for the directive.) Failure to appear as a
witness at a judicial hearing when directed, failure
to fulfill any sanction(s) levied as a result of a
judicial proceeding, and failure to meet with an
authorized university or Student Cooperative As-
sociation official or staff member when directed to
do so also constitutes a violation of this behavior
regulation.

11. Contractual Obligations

Failure to honor all contracts with and debts to the
university (including terms and conditions of the


1 2 3 4 5 6 8 10 11 12

Online LibraryIndiana University of PennsylvaniaThe Eye → online text (page 8 of 12)