Untitled Document

Policies and Procedures for Students

I. FOREWORD

A. General Policy

The University of Alabama , like any community, must have regulations by which its members abide and procedures by which its organizations function. These regulations are necessary to provide a campus atmosphere conducive to the intellectual and personal development of all members of the University community. When members of the University community break these rules and regulations, then the University has a primary responsibility to discipline those individuals and organizations that have failed to abide by reasonable standards of conduct. Organizations and students have a responsibility to abide by the rules and regulations for the University. The Student Affairs

Handbook contains policies that affect students and organizations. Within this Handbook and other official University publications are the rules and regulations that govern student and organizational behavior.

B. Disciplinary Authority

The authority to enact and enforce regulations of the University is vested in the Board of Trustees. The responsibility for enforcing regulations and imposing penalties is delegated to the President and any University officials the President may designate. The President has drawn a distinction between academic and non-academic misconduct. The Provost and Academic Vice President have the responsibility for academic misconduct. The Office of the Vice President for Student Affairs is the principal agency for the administration of non-academic student discipline, and the Office of the Dean of Students shall implement the non-academic student discipline procedures. All reference to the President of the University, the Academic Vice President, the Vice President for Student Affairs, or the Dean of Students shall also be interpreted to include persons designated to act on behalf of these officials.

C. Equal Opportunity Policy and Non-discrimination Notice

The University of Alabama complies with applicable laws prohibiting discrimination on the basis of race, color, religion, national origin, sex, age, disability or veteran status in admission or access to, or treatment or employment in, its programs or services, including Title VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Executive Order 11246, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Assistance Act, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990. Inquiries and concerns regarding this policy may be directed to Dr. Kay Staub, University Compliance Officer, 201 Rose Administration Building, Box 870300, Tuscaloosa, AL-35487-0300, 205/348-5855 (voice/TDD). This notice is available in alternative formats upon request.

D. Policy on Sexual Harassment and Guidelines and Procedures for Reporting and

Resolving Complaints

Statement of Policy: Sexual harassment violates federal civil rights laws and University nondiscrimination policy. The University of Alabama is committed to providing and promoting an atmosphere in which employees can realize their maximum potential in the workplace and students can engage fully in the learning process. Toward this end, all members of the University community (including faculty, staff and students) must understand that sexual harassment will not be tolerated, and that they are required to abide by the following policy.

A. Sexual Harassment Defined: This policy prohibits "quid pro quo" and "hostile environment" sexual harassment as defined below.

1. Quid Pro Quo Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a position of power or influence constitutes "quid pro quo sexual harassment" when 1) submission by an individual is made either an explicit or implicit term or condition of employment or of academic standing, or 2) submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting that employee or student. As defined here, "quid pro quo sexual harassment" normally arises in the context of an authority relationship. This relationship may be direct as in the case of a supervisor and subordinate or teacher and student or it may be indirect when the harasser has the power to influence others who have authority over the victim.

2. Hostile Environment Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute "hostile environment sexual harassment" when such conduct is directed toward an individual because of his or her gender and has the purpose or effect of 1) creating an intimidating, hostile, or offensive work or academic environment, or 2) unreasonably interfering with another's work or academic performance. Generally, a single sexual joke, offensive epithet, or request for a date does not constitute hostile environment sexual harassment; however, being subjected to such jokes, epithets or requests repeatedly may constitute hostile environment sexual harassment. In determining whether alleged sexual harassing conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual. In cases of alleged sexual harassment, the protections of the First Amendment must be considered if issues of speech or artistic expression are involved. Free speech rights apply in the classroom and in all other education programs and activities of public institutions, and First Amendment rights apply to the speech of students and teachers. Great care must be taken not to inhibit open discussion, academic debate, and expression of personal opinion, particularly in the classroom. Nonetheless, speech or conduct of a sexual or hostile nature which occurs in the context of educational instruction may exceed the protections of academic freedom and constitute prohibited sexual harassment if it meets the definition of sexual harassment noted above and 1) is reasonably regarded as non-professorial speech (i.e., advances a personal interest of the faculty member as opposed to furthering the learning process or legitimate objectives of the course), or 2) lacks accepted pedagogical purpose or is not germane to the academic subject matter.

B. Reporting of Sexual Harassment Allegations

Persons who believe they have been victims of sexual harassment should report the incident(s) immediately to appropriate administrative officials as set forth below. Delay in reporting makes it more difficult to establish the facts of a case and may contribute to the repetition of offensive behavior.

1. Confidentiality

The University will do everything consistent with enforcement of this policy and with the law to protect the privacy of the individuals involved and to ensure that the complainant and the accused are treated fairly. Information about individual complaints and their disposition is considered confidential and will be shared only on a "need to know" basis.

2. Assurance Against Retaliation

This policy seeks to encourage students, faculty, and other employees to express freely, responsibly, and in an orderly way opinions and feelings about any problem or complaint of sexual harassment. Retaliation against persons who report or provide information about sexual harassment or behavior that might constitute sexual harassment is also strictly prohibited. Any act of reprisal, including internal interference, coercion, and restraint, by a University employee or by one acting on behalf of the University, violates this policy and will result in appropriate disciplinary action. This sexual harassment policy shall not, however, be used to bring frivolous or malicious complaints against students, faculty and other employees. If a complaint has been made in bad faith, as demonstrated by clear and convincing evidence, disciplinary action may be taken against the person bringing the complaint.

C. Reporting Channels

The following sections identify appropriate sexual harassment resource persons and complaint receiving officials that students and employees should contact regarding sexual harassment.

• Responsibilities of Supervisory Personnel

All members of the university community have a general responsibility to contribute in a positive way to a university environment that is free of sexual harassment. Supervisory personnel, however, have additional responsibilities. Supervisory personnel are not only responsible for educating and sensitizing employees in their units about sexual harassment issues, but they are also directed to take all appropriate steps to prevent and stop sexual harassment in their areas of responsibility. Supervisory personnel who are contacted by an individual seeking to file a complaint about sexual harassment in their unit or area of responsibility shall assist the complainant in contacting the appropriate complaint- receiving officials identified below.

• Student Complaints

Students with complaints of sexual harassment against faculty members, graduate assistants, and staff members in academic departments, schools, or colleges should contact the Designated Sexual Harassment Resource Person in their college or school or in the college or school in which the alleged offender is employed. A faculty member to whom a student has come with a complaint of sexual harassment should recommend that the student contact the designated Sexual Harassment Resource Person. The name and location of the Designated Sexual Harassment Resource Person can be obtained from the Dean's Office, the Office of the Provost, or the Office of Equal Opportunity Programs. Students participating in internships, field placements, student teaching, or similar academic experiences in settings off campus should report complaints of sexual harassment to the University faculty or staff member providing supervision or to the Designated Sexual Harassment Resource Person in their college or school. Student complaints of sexual harassment outside academic departments, schools, and colleges, including complaints against other students, should be addressed to the Student Affairs Designated Sexual Harassment Resource Person(s). The name and location of this individual(s) can be obtained from the Office of the Vice President for Student Affairs, the Office of the Dean of Students, or the Office of Equal Opportunity Programs. Students who believe for any reason that they cannot effectively communicate their concern through any of these channels may consult the University Compliance Officer in the Office of Equal Opportunity Programs, or if conflicts exist with the University Compliance Officer, students may consult with the Provost. Students who are victims of sexual assault or sexual harassment may seek advice and referral from both the University's Women's Resource Center and the Counseling Center . These offices, which keep all information confidential, neither receive formal complaints nor conduct investigations.

• Employee Complaints.

Employees should report complaints of sexual harassment to the Designated Sexual Harassment Resource Person of the college, school, or administrative division in which they are employed, or to the Office of Human Resources. The name and location of the Designated Sexual Harassment Resource Person can be obtained from the Dean's Office, the Vice Presidents' Offices, the Office of the Provost, or the Office of Equal Opportunity Programs. Employees who believe for any reason that they cannot effectively communicate their concern through any of these channels may consult the University Compliance Officer in the Office of Equal Opportunity Programs, or if conflicts exist with the University Compliance Officer, employees may consult with the Provost. Employees who are victims of sexual assault or sexual harassment may seek advice and referral from the University's Women's Resource Center ; however, the Women's Resource Center neither receives formal complaints nor conducts investigations.

D. Procedures for Handling Complaints of Sexual Harassment

Individuals who believe they are victims of sexual harassment in their working or academic environments are encouraged to respond to the alleged harasser directly, by objecting and by requesting that the unwelcome behavior stop. Individuals may also seek assistance or intervention, short of filing a complaint, from their supervisor or University complaint-receiving officials referenced in paragraphs C (2) and (3) above. An initial discussion between the complainant and the complaint-receiving official will be kept confidential to the extent allowed by law, with no formal written record. The complaint-receiving official will explain the options available and will counsel the complain-ant. If the complainant, after an initial meeting with the complaint-receiving official, decides to proceed, the complainant will be requested to provide a written statement describing the com-plaint. Complaints of sexual harassment will receive prompt attention. Complaints may be resolved through the informal or formal procedures described below, and appropriate action will be taken. Informal means are encouraged as the beginning point, but the choice of where to begin normally rests with the complainant. However, if the complaint-receiving official believes that the matter is sufficiently grave because it seems to be part of a persistent pattern, because of the nature of the alleged offense, or because the complainant seeks to have a sanction imposed, then the complaint-receiving official will initiate a formal procedure, or take other appropriate action.

1. Informal Procedures

A) The complainant may attempt to resolve the matter directly with the alleged offender and report to the complaint-receiving official.

B) The complaint-receiving official may notify the alleged offender of the complaint, paying appropriate attention to the need to maintain confidentiality. The complaint-receiving official may take whatever steps short of formal sanctions that he or she deems appropriate to affect an informal resolution acceptable to both parties.

C) Where the alleged offender is a student, the complainant and accused may choose to participate in mediation. If a complaint is resolved informally, no record of the complaint will be entered in the alleged offender's personnel file or student records. However, the complaint-receiving official will, in the form of a confidential file memorandum, record the fact of the complaint and the resolution achieved. A copy of this memorandum will be forwarded to the University Compliance Officer in the Office of Equal Opportunity Programs where it will be retained in confidential files.

2. Formal Procedures

In formal resolution procedures, the written and signed complaint will be directed to the following officials:

A) If the formal complaint is against a faculty member, other instructional personnel, or staff employed in a college or school, it should be directed to the dean of the college/school.

B) If the formal complaint is against a staff member in a unit other than a college or school, it should be directed to the Office of Human Resources.

C) If the formal complaint is against a student, not acting in an instructional or other employment capacity; it should be directed to the Office of the Vice President for Student Affairs.

D) If the formal complaint is against a person outside the University (non-employee, non-student), it should be directed to the dean of the college or school if the behavior is occurring in a college or school, to the Office of Human Resources if the behavior is occurring in the work environment outside an academic unit, or to the Office of the Vice President for Student Affairs if the complainant is a student.

E) If conflicts or other problems exist with either the dean, the Office of the Vice President for Student Affairs or the Office of Human Resources handling the formal complaint, the formal complaint may be filed with the University Compliance Officer in the Office of Equal Opportunity Programs, or if conflicts exist with the University Compliance Officer, individuals may consult with the Provost. The officials listed directly above, or their appointed designees, will conduct whatever inquiry they deem necessary and will arrange conferences with the complainant, the alleged offender, and any other appropriate persons. The investigation will afford the accused an opportunity to respond to the allegations. Those directing investigations will make a record of the case, including a record of their decision, and a copy of that record will be forwarded to the University Compliance Officer in the Office of Equal Opportunity Programs, where it will be retained in confidential files. The complainant and the alleged offender will be notified of the outcome of the investigation; however, both parties as confidential and private should treat that information. The University Compliance Officer in confidential files will retain all records of sexual harassment complaints. A complainant not satisfied with the resolution achieved by the formal procedures may discuss the matter further with the University Compliance Officer in the Office of Equal Opportunity Programs.

E. Disciplinary Sanctions

A conclusion that sexual harassment has occurred shall subject the offender to appropriate disciplinary action and may result in suspension, discharge, or dismissal. University disciplinary procedures and possible sanctions are described in the Code of Student Conduct in the Student Handbook, the University staff handbooks, and the University Faculty Handbook. Sanctions imposed will be determined on the basis of the facts of each case and the extent of harm to the University's interests. (Note: The policy on Sexual Harassment and Guidelines and Procedures for Reporting and Resolving Complaints has been updated as of June 1999 to reflect changes in titles and office names.) Note: Updates to the University Policy on Sexual Harassment printed in the Student Handbook reflect the following changes: The Office of Student Life has been changed to The Office of the Dean of Students, and The Counseling and Psychological Services Center has been changed to The Counseling Center .

F. Sexual Assault Policy

Commitment: The University of Alabama will not tolerate acts of sexual assault. The University of Alabama is committed to creating a community, which promotes the mutual respect of its members and is supportive of its sexual assault survivors.

Definition: Sexual assault is defined as any form of sexual contact without the consent of all parties involved to include:

a. Sexual intercourse committed by physical force, coercion, threat or intimidation, actual or implied by a person or persons known or unknown to the victim.

b. Attempted intercourse, sexual contact, or physical force of a threatening nature ex-pressed or implied that places a person in fear of immediate death or physical injury known or unknown to the victim.

c. All other forms of sexual misconduct, which violates state and/or federal law now or subsequently in effect including, but not limited to, conduct defined as rape, sodomy, sexual abuse or sexual contact and contributing to the delinquency of a minor. A person may be deemed not to have knowingly and voluntarily consented if, at the time of the offense, the person is incapable of giving consent because of mental incapacitation, physical impairment, alcohol or drug consumption, or loss of consciousness.

Reporting Process:

The University strongly encourages individuals to report sexual assaults to the appropriate authorities and officials. Reporting an assault is the only way that action can be taken against the alleged attacker. Victims are encouraged to use the following procedures:

1. Individuals are to first contact the University Police or local police authorities. Both agencies may be reached by calling Emergency 911.

2. Individuals may also contact the following University administrative offices for assistance. Students, faculty, and staff are encouraged to report allegations or concerns to The Women's Resource Center . Students may also report their concerns to the Vice President for Student Affairs Office and or the Office of the Dean of Students. Upon the person's request, these officials or their designee will assist in notifying proper law enforcement officers.

3. The Women's Resource Center will follow up to ensure that the victim is aware of available services and is encouraged to utilize them.

Medical and Counseling Support Services:

It is very important to obtain immediate medical care following a sexual assault, to provide for the victim's well being and to document, collect, and properly preserve physical evidence of the assault. In order to preserve physical evidence should one later decide to pursue legal action, victims should not change clothes, bathe, douche, or use the toilet. Individuals should seek medical care immediately, whether or not the crime is reported. In addition to care of obvious injuries, medical attention is needed to protect the victim from sexually transmitted diseases or the possibility of pregnancy. Immediate medical attention can be received at the nearest local hospital emergency room. The Russell Student Health Center can provide students with assistance and information concerning other medical resources available. Confidential, free, individual, and group counseling for student victims of sexual assault, relationship violence, or rape are available through the Women's Resource Center . The Women's Resource Center can also provide referral information for students to other community resources. These services are also available to faculty and staff by contacting the Women's Resource Center .

Women's Resource Center Victim Advocate:

The University of Alabama Women 's Resource Center provides a Victim Advocate Program. This program provides needed support in a time of crisis to victims of sexual assault and relationship violence. The advocate will help victims, their families and friends by providing information and support. For example, modifications to living arrangements for the victim and the accused, if residing in on-campus housing, may be provided if requested and if reasonably available. Also, rearrangement of academic class schedules for the victim and the accused may be provided if requested and if reasonably available. The Victim Advocate can also assist the victim in dealing with academic difficulties, which may arise because of the victimization and its impact. For example, notifying professors of class absences, obtaining missed assignments, and arranging for tutoring and assistance may be provided upon request and if reasonably available.

University Disciplinary Process:

The University commits itself to providing a judicial process that is sensitive, fair, supportive and respectful of the individual rights and needs of all involved. The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and both the accuser and the accused shall be informed of the outcome of any institutional disciplinary proceeding alleging a sex offense. Interim measures may be taken to ensure the safety of the complainant, of the accused and of witnesses. To obtain additional information concerning University disciplinary proceedings, refer to the Code of Conduct in the Student Handbook or contact the University of Alabama Women 's Resource Center for further assistance. A full range of disciplinary action may be taken if the accused is found guilty by the University Disciplinary process. Possible sanctions are listed in the student and employee handbooks.

Educational Programs:

The University of Alabama is committed to providing preventive, informative and supportive programming for all members of the University community. Campus wide programs coordinated by the Women's Resource Center are designed to increase safety awareness, develop self-defense techniques, improve communication skills between men and women, help prevent acquaintance and stranger rape, build self-esteem, and provide information on steps to take in the event of a sexual assault. Educational information about the involvement of alcohol and drugs in sexual assaults is provided. Informational brochures and pamphlets focusing on sexual assault are available for the University community. These manuals include definitions of various types of sexual assaults, information concerning their prevalence and general occurrence, options and services available for victims, and possible penalties and sanctions for assailants. Additional written material on rape will be provided for victims, their family members and friends. The entire University community is urged to take responsibility for them by taking advantage of educational programs offered at the University, by reviewing literature available at the Women's Resource Center and by avoiding conditions, which may pose a threat to their personal safety. Individuals are encouraged to report potentially unsafe areas or circumstances to the Department of Public Safety.

F. Compliance with the Americans with Disabilities Act

In keeping with its mission and in accordance with the Americans with Disabilities Act (ADA) and other applicable laws, The University of Alabama is committed to providing persons with disabilities an equal opportunity to participate in and benefit from all programs and services offered by the University. The University provides reasonable accommodations for program accessibility and employment for qualified persons with disabilities as defined in applicable laws and regulations. Reasonable accommodations are made on an individualized basis. It is the responsibility of persons with disabilities, however, to seek available assistance and make their needs known. The University has designated the Office of Disability Services as the campus coordinating office for the provision and delivery of services and reasonable accommodations that ensure the University's programs, services, and activities are accessible to students with disabilities. The Office of Disability Services is available to assist any student who has a qualified and documented disability. The Office of Disability Services also serves as a resource to faculty members and University departments, assisting them in accommodating the needs of individuals with disabilities in the classroom and other program settings. While the University strives to accommodate the needs of people with disabilities as fully as possible, reasonable accommodations do not include measures which fundamentally alter the University's programs and services or which place an undue administrative or financial burden on the University. Ms. Judy Thorpe, University Compliance Officer, has been designated to serve as the ADA Coordinator for the campus. Inquiries concerning ADA-requirements and compliance may be directed to Office of Disability Services, 220 Research Drive, P.O. Box 870185 , 2055/348-4285.

G. Gambling Task Force Statement

While gambling for recreation is a widespread practice in Alabama , it is generally discouraged on the campus of The University of Alabama. Gambling can cause financial distress, promote disregard for our laws, facilitate the victimization of students and other members of the University community, and corrupt athletic events and other forms of competition. While state and federal statutes generally permit social gambling by individuals in private places, the University campus is a public place. Both state and federal statutes prohibit the operation of a gambling business and any other form of organized gambling or conduct of business-like gambling activities specifically is prohibited.

Gambling Offenses in the State of Alabama Code of Alabama 1975

ß 13A-12-20 A person may be convicted of gambling if he advances gambling activity, engages in bookmaking, or generally stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. ß 13A-12-21 a person commits the crime of simple gambling if he knowingly advances or profits from unlawful gambling activity as a player. Simple gambling is a Class C misdemeanor punishable by a fine, community service, and/or a maximum of 3 months in jail. ß 13A-12-22 a person commits the crime of promoting gambling if he knowingly advances or profits from unlawful gambling activity. Promoting gambling is a Class A misdemeanor punishable by a fine, community service, and/or a maximum of 1 year in jail. ß 13A-12-24 a person commits the crime of possession of gambling records if he knowingly possesses a writing, paper, instrument, or article of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting, or representing more than five bets or more than $500. Possession of gambling records is a Class A misdemeanor punishable by a fine, community service, and/or a maximum of 1 year in jail. ß 13A-12-30 any records or devices used in illegal gambling activity will be confiscated by the state. A vehicle owned or operated by a person or persons found to engage in illegal gambling activity will be taken by the state. All funds or proceeds from illegal gambling activity will become the property of the state.

H. Smoking Policy

Smoking is not allowed in any nonresidential buildings on The University of Alabama campus. All residence halls are smoke free; this means that no one is allowed to smoke in residence halls. If smoking is the cause of a fire alarm, fines, and or community service could be imposed.

I. University Statement on Diversity

Reflective of its academic mission, The University of Alabama is increasingly comprised of women and men of diverse racial, ethnic and cultural background, national origin, religious and political belief, age, and physical ability. The University welcomes this diversity and is committed to maintaining a supportive learning and working environment for all persons. Accordingly, the University supports policies, programs, events, and curricular activities that enhance awareness and appreciation of cultural and individual diversity, promote community, and encourage full participation of all members and groups in every aspect of University life. As an institution of higher learning, The University of Alabama attaches great value to freedom of speech and open debate, but it also attaches great importance to the principles of civility and respect, which govern an academic community. Harassment or other illegal discrimination against individuals or groups not only is a violation of University policy and subject to disciplinary action but also is inconsistent with the values and ideals of the University. It is the goal of The University of Alabama to cultivate a hospitable campus environment in which all members of the University can work together and learn from each other in a climate of mutual respect.

J. University Name, Document, and Records

The use by any person or organization of the University's name or any of its registered trademarks in connection with any program, product, or activity without prior written permission of the University or any unauthorized use of University documents, records, or seal is prohibited.

K. School of Law , College of Community Health Sciences, Capstone College of

Nursing, and School of Social Work .

1. School of Law

Students enrolled at the University of Alabama School Of Law are subject to the University Codes of Student Conduct in all matters not covered in the Law School Honor Code. In any instance where a question may arise concerning the jurisdiction of the codes of Student Conduct as opposed to the Law School Honor Code, the matter will be resolved in consultation with the Vice President for Student Affairs, the Academic Vice President, and the Dean of the School of Law .

2. College of Community Health Services.

Medical students enrolled in The University of Alabama College of Community Health Sciences (CCHS) are subject to the Codes of Student Conduct approved by the Board of Trustees and the School of Medicine . In any instance where a question may arise concerning the jurisdiction of the Codes of Student Conduct, the matter will be resolved in consultation with the Vice President for Student Affairs and the Dean of the College of Community Health Sciences .

3. Capstone College of Nursing

Students enrolled in the University Of Alabama Capstone College Of Nursing are subject to the University Codes of Student Conduct, as well as the ethical standard and nursing practice requirements specified in the Capstone College of Nursing Student Handbook.

4. School of Social Work

Social Work Student enrolled in the University of Alabama School of Social Work is subject to the National Association of Social Workers (NASW) Code of Ethics established and approved by the NASW. In any instance where a question may arise concerning jurisdiction of the Codes of Student Conduct as op-posed to the NASW Code of Ethics, the matter will be resolved in consultation with the Vice President for Student Affairs, the Vice President for Academic Affairs, and the Dean of the School of Social Work .

L. FORMULATION AND REVIEW OF REGULATIONS

Any student, faculty or staff member can recommend revisions, additions, or deletions to the policies contained in this document. Recommendations should be submitted to the Office of the Vice President for Student Affairs. The Vice President in turn will forward them to the Student and Campus life Committee. The Student and Campus life Committee, which is a University standing committee, annually reviews and recommends for approval all policies and procedures pertaining to student life. The committee forwards recommendations with comments through the reporting channel of the Vice President for Student Affairs.

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