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Shepherd University does not tolerate violations of any of the following policies. Should investigations of violations of these policies and regulations warrant a hearing, violations will be processed, through the University Judicial System, in the following manner:
Class I offenses: May be heard by the Campus Judicial Board for any offense. This class of offense could carry a suspension or expulsion penalty.
Class II offenses: May be handled by a judicial officer in the Student Affairs
Office or an administrator in the Residence Life. An accumulation of Class II offenses may result in a hearing before the Campus Judicial Board with suspension or expulsion as a possible sanction.
100. General Requirements:
All Shepherd University students are subject to and are required to comply with the following:
101. Laws of the United States.
102. Laws of the State of West Virginia.
103. Town and county ordinances.
104. Policies, rules, and regulations of the Shepherd University and its governing boards.
105. Students are required to carry a Shepherd University ID card at all times while on campus.
200. Disruptive and disorderly conduct, which endangers the safety or well-being of others, is prohibited. (Class I or Class II Offense)
201. Harassment, verbal abuse, physical abuse, intimidation, or any other conduct (including the use of any form of media) which threatens or endangers the health or safety or educational opportunity of another person on campus (See 300).
202. Disorderly conduct or disturbing the peace on University property or at functions sponsored by the University; actions which disrupt or interfere with the instructional program or threaten the orderliness, operation, or well-being of the campus.
203. Hazing by individuals or organizations. Hazing is defined as imposing demeaning or dangerous activities on any person including members and prospective members of campus organizations. Prohibited activities include:
A. Subjecting an individual to cruel horseplay.
B. Harassing or punishing an individual by the imposition of excessively heavy or disagreeable tasks.
C. To frighten, scold, beat, or annoy by playing abusive tricks upon an individual.
D. Hazing is further defined as individual or group behavior, which results in:
a. Disorderly conduct.
b. Physical or mental harm or shock to an individual.
c. Forcing an individual to act against his/her will.
d. Interference with academic work.
e. Interference with the liberty and comfort of others, either with or without their consent.
204. Storage or use of firearms, firecrackers, explosives, blank pistols, air rifles, air pistols, archery equipment, swords, knives with blades in excess of four inches in length, or any other item that may constitute a weapon on campus, except as required for an academic class.
205. Placing a false bomb threat or fire alarm; unauthorized use, tampering, or discharge of fire extinguishers.
206. Students are required by State law to evacuate a building when a fire alarm is activated or during any other emergency. Students may not prop open interior or exterior hall or security doors, or in any way block fire and emergency exits or routes.
300. Harassment is prohibited. (Class I or II Offense)
301. Harassment is defined as unwanted physical, verbal, or written conduct relating to a person’s protected status, including race, national origin, gender, gender expression, sexual orientation, age, religious creed, disability, medical condition, or other status protected by law, and which results in one or more of the following:
A. The creation of intimidating, hostile, or offensive working, living, or academic environment; or
B. Substantial or unreasonable interference with an individual’s work, living , or academic performances; or
C. The development of an adverse affect on an individual’s employment or academic opportunities.
302. Unjustified inequitable treatment that results in the above consequences also qualifies as harassment. This inequitable treatment may manifest itself in a number of ways including the provision of differential help to students, arbitrary denying requests for services, and otherwise indirectly creating a hostile environment. The following are examples of conduct that will usually constitute harassment.
A. The use of demeaning language.
B. The use of language or gestures that are disrespectful or imply a person’s inferiority.
C. Intolerance of cultural differences.
NOTE: For more information on policy, enforcement, or filing a complaint, see the 2007-2008 Shepherd University Student Handbook.
400. Sexual Harassment is prohibited. (Class I Offense)
It is the policy of Shepherd University to maintain a learning and living environment free from all forms of sexual harassment of any student, employee, or applicant for employment or admission. Sexual harassment is a violation of Federal Law Section 703, Title VII, Civil Rights Act of 1964 and the West Virginia Human Rights Act. Sexual harassment is defined as:
401. Unwanted sexual advances.
402. Unwelcome requests for sexual favors.
403. Other behavior of a sexual nature where:
A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or participation in a University sponsored educational program or activity.
B. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual.
C. Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance, or of creating an intimidating, hostile, or offensive educational or working environment.
NOTE: For more information about Sexual Harassment, see the 2007-2008 Shepherd University Student Handbook. For information about filing a complaint, see the link on the left entitled “Filing a Complaint”.
500. Sexual Assault is prohibited. (Class I Offense). Sexual Assault is defined as:
501. Unwanted sexual intercourse.
502. Unwanted sexual intrusion.
503. Any form of sexual touching with another person without the consent of that person.
NOTE: For more information about Sexual Assault, see the 2007-2008 Shepherd University Student Handbook. For information about filing a complaint, see the link on the left entitled “Filing a Complaint”.
600. Discrimination is prohibited. (Class I Offense)
601. Promoting or demanding any action on the part of a member of the campus community that would constitute unlawful discrimination on the basis of their beliefs, ethnicity, race, gender, life experiences, nation-of-origin, disability, or sexual orientation. Any individuals who feel that they are a victim of discrimination should file a complaint with the Ombudsperson.
602. Engaging in hate crime activities that demean, ridicule, and/or endanger other members of the campus.
700. Damage, theft, unauthorized use of University property is prohibited. (Class I or Class II Offense)
701. Unauthorized entry into University facilities. This includes being in a building after the building is officially closed or entering an area of a building that is locked.
702. Use, possession, or duplication of University keys or key cards without authorization from a University official. This includes use of residence hall keys or key cards when residence halls are officially closed for holidays and semester breaks. All residence hall keys are to be returned to residence hall staff at the end of the school year. Failure will result in charges to replace keys and/or change locks for the room/suite/hall.
703. Damage or impairment of University property or of another person’s property.
A. Residence hall students are responsible for the condition of the room (other than normal wear and tear) and all furnishings assigned to that room, and shall reimburse the University for all damages to or loss of these accommodations and furnishings.
B. In cases of damage to shared common areas in the residences halls (e.g. lobbies, hallways, stairwells, study lounges), all residents assigned a space in the living unit(s) affected by the damage may be required to share equally the expenses of repair or replacement of any damaged property.
704. Theft or attempted theft of University property or another person’s property including unauthorized use of University property or another person’s property.
800. Misrepresentation is prohibited. (Class I or Class II Offense)
801. Submitting false or misleading information on applications, registration forms, residence hall forms, or other University records. This includes failing to update change of address on registration forms during class registration periods.
802. Submitting false or misleading information to campus police or to other staff or faculty members when they are acting in an official capacity.
803. Submitting false, incomplete, or misleading testimony at a judicial board hearing.
Note: For information about dishonesty on class work, examinations, or other academic work, refer to the link of the left entitled “Academic Action”.
900. Failure to Comply is prohibited. (Class I or Class II Offense)
901. Failure or refusal to respond to a summons to testify at a judicial board hearing.
902. Violations of disciplinary probation or other restrictions imposed in previous judicial board or administrative actions.
903. Failure or refusal to comply with directions and orders of the officers, faculty, staff, and resident assistants of the University who are charged with the administration of institutional affairs. This includes showing, on request, a valid ID to any of the aforementioned staff members.
904. Failure to pick up a written disciplinary decision by the designated deadline and at the place designated by a judicial board or administrator.
905. Failure to respond or reply to official electronic messages through the University e-mail system. (See the Confidential Communication section under the “Student Bill of Rights” link on the left.
1000. Computer Misuse is prohibited. (Class I Offense)
A student who is found responsible for any of the following acts involving misuse of Shepherd University computer resources shall be subject to the maximum sanction of expulsion or any lesser sanction authorized by Shepherd University. Violations include:
1001. Intentionally compromising the privacy of computer files or attempting to breach the security of any computer system to which the individual has not been authorized to access;
1002. Violations of law, including but not limited to copyright or other intellectual property law, obscenity law, defamation law, etc.;
1003. Violations of software licensing agreements;
1004. Harassing or threatening other users (e.g. sending abusive, voluminous, obscene or unwanted messages or files, loud/disruptive conduct in or near computer labs or the library computer resources, etc.);
1005. Using University computing resources for personal profit;
1006. Use of the University’s computing resources in the furtherance of any act listed as prohibited in the Student Code of Conduct;
1007. Disruption, destruction, defacement, damages to, unauthorized possession or use of, or other abuses of University-owned or controlled computing facilities, property, equipment, or resources.
NOTE: Information Technology Services reserves the right to perform the initial investigation of the computer misuse.
1100. Fraudulent Telecommunications Use (Class I Offense)
1101. It is unlawful to obtain or attempt to obtain telecommunications services by a false, fictitious or counterfeit number.
1102. It is unlawful to charge telephone calls to the telephone number or credit number of another person or the University without valid authority.
1103. Avoiding or attempting to avoid payment for telecommunications services by use of any fraudulent or legally prohibited scheme, device, means or method.
1104. Students are not permitted to establish long distance or calling card service of any kind that is charged to a student room telephone number or to the University.
1200. Shepherd University Alcohol Policy (Class I or Class II Offense)
Shepherd University supports students and employees in demonstrating responsible conduct in the best interest of their personal health and well-being, the community’s general welfare, and the rights of others. Persons are responsible for their own behavior and must understand that being under the influence of alcohol in no way lessens their accountability; moreover, students are responsible and will be held accountable for the behavior of their guests. The University campus is subject to state and federal laws concerning use and possession of alcohol. Individuals must be aware of and abide by these laws. At no time should alcohol become the primary focus of an event. Violations of the alcohol policy for individual students inclues:
1201. No student under the legal drinking age may possess or consume any alcoholic beverages. Please note that signs or symptoms that might reasonably indicate use of or intoxication by alcohol, or the presence of alcohol beverage containers, may be construed as proximate indicators of alcohol possession or consumption.
1202. The rules and regulations of the state governing board of Shepherd University provide that alcohol beverages are permitted on the campus under certain limitations. (See 1203).
1203. Alcohol, is permitted when consumed/used in compliance with state and federal laws by those who are of legal drinking age under the following conditions:
A. Alcohol beverages may be consumed within the confines of student residence hall rooms when, and only when, underage students are not present. (No alcoholic beverages may be consumed in student rooms when underage students are present.) It should be understood that all occupants of a room would be charged with possession/use if
they were present in a room where a violation of the campus alcohol policy is taking place.
B. Consumption of alcoholic beverages is not allowed in public or community living areas (lobbies, hallways, bathrooms, landings, or other public spaces).
C. Kegs, party balls, beer bongs, and keg parties are prohibited on campus.
1204. Sale of alcoholic beverages on campus by any vendor other Dining Services is prohibited.
NOTE: Students who are first or second time violators of the Alcohol Policy will be required to attend an alcohol education session(s) conducted by a Student Affairs or Residence Life staff member. Students who repeatedly violate the Alcohol Policy or whose behavior could have serious consequences may be required, at their own expense, to attend an alcohol education program conducted by an outside counselor or agency. See Organizational Code of Conduct for Group policies.
1300. Shepherd University Drug Policy
Marijuana, narcotics, controlled substances, or other illegal drugs in any amount is prohibited. To include:
1301. Illegal Use
1302. Possession
1303. Manufacture
1304. Cultivation
1305. Conveyance
1306. Purchase
1307. Sale of distribution
Note: Illicit drugs include all drugs for which possession is illegal under federal or state law, including prescription drugs for which the individual does not have a valid prescription.
SPECIAL NOTE ABOUT ENFORCEMENT: Shepherd University holds a strict zero-tolerance policy for illegal drug use and possession. Specifically, students who are convicted or found responsible for use, possession, manufacture, cultivation, conveyance, purchase, sale, or distribution of illegal drugs will be administratively withdrawn, suspended, or expelled from Shepherd University with no refund of tuition or room and board fees. Please note that signs and symptoms which might reasonably indicate use of or intoxication by an illicit substance, or the presence of drug-related paraphernalia, may be construed as proximate indicators of illegal drug use or possession and therefore may be used as the basis for pursuing disciplinary action.
Please be aware that students convicted of drug offenses may also be barred from receiving federal financial aid for one year and/or permanently under federal financial aid regulations.
1400. Tobacco (Class II Offense)
Shepherd University buildings are smoke and tobacco free environments.
1401. Smoking tobacco within 25 feet of a building or bleacher is prohibited.
1402. Use of any other tobacco product within 25 feet of any building or bleacher is prohibited.
1500. Dining Services Policies (Class II Offense)
In order for the University food service to provide for the nutritional needs of the student and also a pleasant and relaxing atmosphere, the following policies have been established:
1501. Loud, disruptive profane, or vulgar language is prohibited.
1502. Students are required to show proper ID cards when entering the Dining Hall.
1503. ID cards are not transferable.
1504. Shirt and shoes are required to be worn in the Dining Hall.
1505. Trays are to be removed from tables and taken to tray racks at the end of a meal.
1506. Food or utensils may not be taken from the Dining Hall.
1507. Meal privileges expire 24 hours after a student’s last final examination or at the posted time, whichever comes first.
1508. Students who fail to comply with these policies are subject to disciplinary action, which may include the loss of their meal privileges.
1509. The Dining Hall staff reserves the right to refuse admission to anyone violating the Dining Hall Policies.
1600. Residence Life Policies and Regulations (Class I or Class II Offenses)
The Residence Life staff has the responsibility of promulgating and enforcing specific residence hall regulations, including the Housing Contract.
1601. Shepherd University requires all single, full-time students, not commuting from home, to live in a University residence hall. If at any time a student changes his or her commuting living address, the student must immediately notify the Assistant Vice President of Student Affairs/Dean of Students and apply for continued commuter status or move on campus.
Please see the Residence Life Code of Conduct in the Student Handbook for more on Residence Life Policies and Regulations.
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