Handbook 2012(final)

k o o b d 3 n 1 a 2 201 ent h stud

Table of Contents Student Conduct Regulations and Procedures 3 Student Conduct Regulations

4

Student Conduct Procedures

7

Student Life and Related Policies 20 Alcohol and Other Drug Policy

20

Anti-Bullying, Mobbing, and Harassment Policy 28 Classroom Student Conduct Policy 30 Computing Resources Policy (Excerpt) 31 Hazing Law 32 Sexual Misconduct Policy

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Residence Hall Policy

42

Affirmative Action

59

Discriminatory Harassment Policy

60

Affirmative Action/Equal Opportunities Policies

62

Student Records and Privacy Regulations

64

The Federal Drug Free Schools and Communities Act

72

Campus Map

86

Student Affairs Department Directory

88

STUDENT HANDBOOK

Dear Students: It is my pleasure to welcome you to Westfield State University. The Division of Student Affairs commits itself to the enhancement of our students’ personal, educational and occupational development. The University is more than an educational institution. It is an academic community where faculty, staff, and students exchange ideas and work together to make your experience a great one.

In order to maintain an academic and civil environment, the University has developed rules and regulations. The Student Conduct Regulations and related policies are set forth in this booklet, the Residential License Agreement, and other official publications of the University.

All members of the student community are to be held informed of and accountable to these regulations. Any questions about these procedures may be directed to the Office of Student Conduct, 572-5446/5403.

The entire text of the Student Handbook may also be found on-line at the University website at www.westfield.ma.edu.

The Division of Student Affairs consists of Career Services, Counseling Services, Health Services, Conduct Office, Commuter Affairs, Campus Center, New Student Orientation, Substance Abuse Prevention, Residential Life, and Public Safety. Each department will be sponsoring numerous activities and programs to broaden the development of students during the year. We hope that you will take advantage of these programs.

E-mail is considered an official form of communication at WSU. Access your e-mail through myWestfield at https://mywestfield.westfield.ma.edu. You can use the myWestfield portal for single sign-on access to e-mail, and a variety of services including registration tools (such as add/drop class, transcripts, schedules, and grades), advising links, and online learning (PLATO).

You will receive important University and personal announcements and have easier access to library resources!

I hope you will participate in the Student Government Association and the over 100 clubs and sports activities on campus. There are also a variety of support programs available to assist you in your educational pursuits. I wish you the best of success during the academic year. If you have any questions, please visit me in Ely 208.

Sincerely, Susan J. LaMontagne, Dean of Student Affairs

STUDENT CONDUCT REGULATIONS AND PROCEDURES Westfield State University recognizes that the student, as an adult member of society and a citizen of the United States of America, is entitled to respect and consideration and has the right to the constitutionally guaranteed freedoms of speech, assembly and association. The University further recognizes the student’s right within the institution to freedom of inquiry and to the reasonable use of services and facilities of the University which are intended for his/her education.

In the interest of maintaining order on the campus and guaranteeing the broadest range of freedom to each member of the community, some regulations have been developed by students, administrators, and faculty acting in concert. These regulations reasonably limit some activities and also proscribe certain behaviors which are harmful to the orderly operation of the University and the pursuit of its legitimate goals. All members of the community are to be held informed of the regulations which are printed in the Student Handbook, the Residential License Agreement, and other official publications.

Violations of the University regulations will be handled through the University disciplinary procedure, which is established to resolve complaints of nonacademic student misconduct (Academic classroom misconduct may also be handled through Academic Affairs procedures.). The disciplinary procedure is designed to protect due process rights and to reach decisions that are in the best interest of both the student and the University. Students charged with misconduct are afforded the right to written notice of charges, right to a fair and impartial hearing, and right of appeal.

Violations of state and federal law will subject the violator to criminal and/or civil court procedures. Whenever any such violation of the law, whether committed on campus or off campus, impinges on the integrity of the University’s own rightful responsibilities and activities, the violator will not only be subject to civil and criminal court procedures, but will also be subject to the University disciplinary procedure. The University disciplinary policy in no way deprives a person who incurs injury or damages from seeking redress in the civil or criminal courts.

For further information about the University disciplinary procedure, contact the Student Conduct Office in the Ely Campus Center, Room 209.

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STUDENT CONDUCT REGULATIONS The following regulations demonstrate conduct that is prohibited and will subject students to disciplinary action. Any serious criminal offense committed on campus shall be referred immediately to the Campus Police who will investigate and refer as necessary to the Massachusetts State Police and the Hampden County District Attorney’s Office in addition to the University disciplinary system. These regulations shall apply to all full-time and part-time students of the University.

1. Disruption of teaching, learning, research, administration, residence hall living environment, student conduct activities, or other related support activities that are recognized as necessary to the lawful mission of the University.

2. Any violation of state, federal, or local law which coincidentally interfere with the legitimate aims, purposes, activities, and responsibilities of the University.

3. Assaulting/placing another person in fear of imminent physical danger and/or striking any member of the University community, visitor, or guest.

4. Physical fighting and/or any unauthorized mutual physical contact of any nature including pushing, shoving, wrestling, punching, and hitting.

5. Sexual assault or unauthorized sexual contact of any nature, including date or acquaintance rape, committed upon any member of the University community, visitor, or guest. (see Sexual Misconduct Policy) 6. Physical abuse, verbal abuse, intimidation or threats to any member of the university community, visitor or guest.

7. Harassing, intimidating, or stalking any member of the University community, visitor or guest. This includes repeated verbal or physical annoyances, or threats committed by any means such as orally, electronically, or in writing.

8. Acts of bullying which consists of abusive conduct that a reasonable person would find hostile based on the severity, nature and frequency of the conduct and without regard to the method of delivery. This conduct may include, but not be limited to, repeated infliction of verbal abuse, such as the use of derogatory remarks, insults and epithets; or verbal or physical conduct of a threatening, intimidating or humiliating nature. (see Anti-Bullying Policy) 9. Causing physical harm or attempting to cause physical harm to oneself.

10. Promoting or participating in hazing or other activities which cause undue physical or mental harm, duress, or humiliation to an individual.

In accordance with Chapter 665 of the Massachusetts Acts of 1987, the organization of or participation in hazing is illegal. Hazing means any conduct or method of initiation into any student organization which willfully or recklessly endangers the physical or mental health of any student or other person. (see Hazing Law) 11. Making or causing to be made bomb threats or false fire alarms, or maliciously or negligently causing fires.

12. Knowingly damaging or tampering with fire detection or fire fighting equipment or any part thereof such as pull stations, extinguishers, smoke and heat detectors, fire hoses, cabinets, and other encasements.

13. Possession or use of firearms, explosives, fireworks, other similar materials, weapons, and/or potentially dangerous or lethal devices.

Such other materials, weapons, and/or potentially dangerous or lethal devices shall include, but are not limited to, knives (kitchen utensils or jackknives used for lawful purposes are excluded), swords, numchuks, brass knuckles, Chinese stars, and guns of any nature including paintball guns, taser guns, pellet guns, and any gun having the capacity to shoot any kind of projectile.

14. Unauthorized entry or presence in or on University buildings, rooms, areas or structures, or refusing to vacate such buildings, rooms, areas, or structures upon lawful request.

15. Entry or presence in or on areas or structures not designed for public use.

16. Cohabitation in University housing facilities. Cohabitation is defined as any unauthorized person residing in or attempting to reside in any University room, suite, apartment, or building.

17. The theft, unauthorized taking or use, or possession of goods or property belonging to other persons or the State.

18. Destruction, damage or abuse/misuse of the property of another or the State.

19. Unlawful possession or use of drugs, controlled substances, or drug paraphernalia. Unlawful distribution or sale of drugs or controlled substances. (see Alcohol and Other Drug Policy) 20. Failure to comply with University alcoholic beverages or smoke and tobacco regulations as published in this handbook. (see Alcohol and Other Drug Policy) 21. Contempt of University student conduct procedures or failure to comply with a University student conduct system order.

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22. Gambling, or any unlawful bookmaking or betting of any nature prohibited by state law.

23. Falsification or aiding or abetting in the falsification of University records or the possession or use of false University records including, but not limited to, transcripts, grade reports, student identification cards or other forms of identification which the University deems necessary to achieve a lawful and legitimate purpose. Providing false information to or knowingly withholding information from any University official, office, or student conduct hearing panel.

24. Failure to comply with a legitimate order of an officer of the University (faculty, administrative, security, or R.A. personnel), including, but not limited to, the failure to present proper identification upon the lawful request of an officer and interfering with staff in the performance of their duty.

25. Violation of Affirmative Action Policies as published by the Office of Human Resources/Affirmative Action.

26. Violation of Campus Center house policies as published by the Office of the Campus Center.

27. Violation of the Residential License Agreement as published by the Office of Residential Life, or any violation of residence hall regulations as published by the individual residence halls or the Office of Residential Life.

28. Violation of Food Service policies or regulations as published by the Dining and Food Service management.

29. Violation of University motor vehicle regulations as published by the Department of Public Safety.

30. Violation of the Acceptable Use of Computer and Communications Equipment Policy and the Westfield State University Computing Resource Policy as published and made available by the Office of Information Technology.

31. Failure to properly supervise student or nonstudent guests/visitors.

Residents will be held responsible for the behavior of their guests.

Nonstudent Policy: All nonstudents at the University must abide by all nonacademic regulations. Alleged nonstudent violators of these regulations shall be accorded notice of charges and a conference before an appropriate administrator, if he/she so requests, at which time the nonstudent defendant will have the opportunity to review the evidence of the University and present his/her own evidence.

STUDENT CONDUCT PROCEDURES A. STUDENT CONDUCT ADMINISTRATION AND STAFF

1. The responsibility for the management and administration of all nonacademic student discipline matters rests with the Vice President, Student Affairs or his/her designee, referred to as the Student Conduct Officer. The Student Conduct Officer/designee shall process all disciplinary action against students who are alleged to have violated the Student Conduct Regulations.

2. The Student Conduct Officer may recruit and supervise undergraduate student interns whose duties shall include assisting and/or representing the Student Conduct Officer in the resolution of any student disciplinary matter. The undergraduate student intern (s) shall be approved by the Student Conduct Officer and a majority vote of the Student Government Association and shall have such powers as are reasonably necessary to fulfill his/her responsibilities and that are not inconsistent with any provisions of this code. The Student Conduct Officer may also recruit graduate interns upon notification to the Student Government Association.

3. The Vice President, Student Affairs/designee shall have the authority to determine any given conduct matter whether the matter is heard before an administrative hearing officer or the Student Conduct Board. General Student Conduct Board procedures contained herein would apply to hearings conducted by an administrative hearing officer.

B. STUDENT CONDUCT BOARD MEMBERSHIP AND TERM OF OFFICE

1. Membership The Student Conduct Board, hereafter called the Board shall be independent from other University organizations and committees at Westfield State University and shall be comprised of five (5) members, all of whom may hear a matter at any one time. A small pool of alternate members may be maintained and used as needed.

The composition of the Board shall be three (3) students, one (1) administrator and one (1) faculty member.

2. Selection The members of the Board shall be approved by the Vice President, Student Affairs as follows: three (3) student members appointed by the Student Government Association, one (1) administrator and one (1) faculty member appointed by their respective bargaining units.

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3. Chairperson The members of each Student Conduct hearing panel shall elect a student chairperson who shall preside over the student conduct hearing.

4. Quorum Each matter presented to the Board shall be heard by a panel of at least four (4) members, except in the case of a Protective Order, which shall be heard by a panel of at least three (3) members. In any given case, after notification by the Student Conduct Board Chairperson that a hearing panel quorum is unavailable, the Vice President, Student Affairs/designee shall appoint a designated Hearing Officer, who will conduct the student conduct hearing and render decisions. The Officer hearing a case shall follow the general Student Conduct Board procedures and shall have the same decision making authority as the Board in all matters.

5. Term of Office The term of office for each member shall be one (1) year commencing with the first day of class scheduled by the University in September of each year.

6. Disqualification a. No student may be a member of the Student Conduct Board and be a member of the Student Security or Resident Assistant staff concurrently. b. No administrator may be a member of the Student Conduct Board and be a member of the Residential Life or Public Safety staff concurrently. c. No member may serve on any panel deliberating any issue with respect to which the member is an interested party or witness to the matter being heard. d. No member may serve on any panel if he/she is biased in the matter. Determination of bias is to be made by the Vice President, Student Affairs and/or a majority vote of the Student Conduct Board hearing panel. e. A member’s status shall be subject to review and a member may be removed by the Vice President, Student Affairs, in agreement with the President of the respective recommending unit, if the member is found to be in violation of University regulations or if the member is not fulfilling the requirements of the position.

7. Jurisdiction The Board shall have jurisdiction in the following matters: a. Disciplinary Actions - The Board shall have jurisdiction in matters involving violations by students of nonacademic regulations at the University. In any disciplinary action taken by the University against any student, the Board/Hearing Officer shall have sole jurisdiction except as provided in sections B, G, and K of this code and through other University policies including Academic Honesty Policy and Parking Rules and Regulations. b. Sanctioning Actions - Whenever any student admits responsibility for any offense charged, a meeting to determine sanctions will be afforded the student with the Dean, Student Affairs/designee.

Sanctions shall be assigned by the Dean, Student Affairs/designee in accordance with the guidelines for sanctions contained herein. Any student who does not admit responsibility for any offense charged will be forwarded to the Student Conduct Board as described above.

Any student aggrieved by the decision regarding assigned sanctions may appeal said decision to the University president pursuant to the appeals guidelines outlined in Section I of this code. c. Protective Orders - Any individual who feels he/she is being intimidated or harassed by another individual may seek from the Student Conduct Board and/or Vice President, Student Affairs a Protective Order prohibiting such action. d. Off-Campus Jurisdiction - When a criminal violation is committed off campus and a court conviction ensues, the violator shall be subject to the Board’s disciplinary jurisdiction if the University President/ designee determines that the criminal violation interferes with the integrity of the University’s rightful responsibilities and activities.

Further, an off-campus criminal violation, regardless of any court status, will subject the alleged violator to the Board’s disciplinary jurisdiction if the University President/designee at his/her discretion determines that the alleged violator constitutes a danger to persons or property on or off campus or has engaged in off-campus conduct that affects the welfare of the campus community. Such behaviors that shall be subject to University disciplinary action include, but are not limited to, physical assault and battery, sexual assault, harassing or intimidating behavior, damage to other’s property, unlawful

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alcohol gatherings, disruptive behavior, selling or distributing drugs, and any drug possession where the evidence indicates intent to sell or distribute controlled substances. Also, any student who exhibits chronic behavioral issues off campus will be subject to University disciplinary action under these guidelines.

C. COMPLAINT PROCEDURES

Complaints concerning disciplinary action shall be presented to the Student Conduct Officer in writing by the complaining party for action in accordance with the provisions set forth herein.

1. Disciplinary Action With regard to disciplinary action, matters shall be brought forth for hearing as follows: The Student Conduct Officer/designee shall give to the student reasonable notice, in writing, of the charges against him/her, the particular law or regulation which the student has alleged to have violated, the basic facts including dates and times on which the charges are based, the time and date of the hearing, which hearing shall be held within forty-five (45) school days of the Notice of Hearing and Charges, and the existence of these regulations and applicable sanctions. The notice shall contain a statement that the student may: a. Request from the Student Conduct Officer/designee a list of witnesses against the student, b. Review substantive evidence to be used against the student, c. Ask questions and present witnesses at a hearing, and d. Seek counsel of the student’s choice, who may advise, but shall not represent the student at the discipline hearing. No disciplinary action may be taken by the University against any student except through this procedure, provided however, that a request by the University that a student pay a fee or the cost of damage or loss proven to be caused by the student shall not be deemed to be “disciplinary action� and shall be subject to the Board of Trustees policy on outstanding debts.

2. Protective Orders With regard to protective orders, matters shall be brought forward for hearing as follows: a. Any complainant, witness, or any other person may appear before the Board or Vice President, Student Affairs, ex parte, to request that the Board or Vice President, Student Affairs issue an order prohibiting

an individual from interfering with the rights and freedoms of said complainant, witness, or other person. b. The Board or Vice President, Student Affairs shall have the discretion to determine whether a Protective Order shall be issued. c. The hearing panel shall decide all matters with respect to the issuance of protective orders by a simple majority vote. d. If issued, a Protective Order shall remain in effect until rescinded by the Board or Vice President, Student Affairs at the request of the individual against whom the order has been issued and after a hearing conducted under such procedure as the Board or Vice President, Student Affairs may determine to be appropriate. e. Violation of a Protective Order may be the basis of a disciplinary complaint, subject to the sanctions imposed pursuant to the disciplinary procedure set forth herein.

D. HEARING PROCEDURES

1. Any student who is accused of a conduct code violation shall be afforded the opportunity of a hearing. The student shall be given a reasonable notice, in writing, of the charge against him/her, the particular law or regulation which the student is alleged to have violated, the basic facts including the dates and times on which the charges are based, and the time and date of the hearing. The hearing will proceed as follows: a. The accused student shall have the right to be assisted and counseled by the person of his/her choice. This person may be present at the hearing to advise and counsel, but may not represent the student to the Board or enter into direct examination. b. The accused student shall have the right to ask questions and to present witnesses on his/her behalf. c. The accused student shall not be required to testify against himself/ herself but shall be deemed to have waived his/her right if he/she should testify at all. d. The decision of the panel shall be based solely upon the evidence presented at the hearing. e. No student shall be found responsible of any offense charged unless a minimum of three-fourths (3/4) of the members of the panel believe that student, based on the evidence presented, is more likely than not to be responsible.

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f. A verbatim tape recording of the hearing shall be made by the University and shall be made available for use by the accused student for purposes of appeal only. g. All hearings shall be closed to the public. h. The decision of the panel shall be in writing and shall include specific findings regarding the responsibility of the student on each charge, as well as information regarding the student’s right to appeal pursuant to Section I of this code.

E. WITNESSES

In regard to matters heard by the Board, at least three (3) days before the hearing, if the student so requests, the accused student shall be given the names of all witnesses against him/her by the Student Conduct Officer, unless the Vice President, Student Affairs/designee shall rule, after an informal hearing at which the student and the Student Conduct Officer present arguments, that the safety or welfare of said witnesses may be endangered or threatened if their names are disclosed to the student.

F. EVIDENCE

1. In regard to matters heard by the Board, the accused student shall have the right to review all substantive evidence to be used against him/her at the hearing and shall be notified of any exculpatory evidence of which the Student Conduct Officer may be aware.

2. The Board need not follow the general rules of evidence. Generally, the Board may consider no statement against the accused student unless the person making said statement is present at the hearing. Irrelevant, immaterial, and unduly repetitious evidence may be excluded. The Vice President, Student Affairs/designee shall make rulings on admission of evidence including, but not limited to, official business records, official documents, authoritative resource material, medical statements or treatment records, records of regularly conducted activity, public records, and any other evidence deemed reliable by the Vice President/ designee and to be important to the matter at hand.

G. WAIVERS

1. Any student may waive any of his/her rights hereunder, including the student’s right to a hearing. The Student Conduct Officer, Residence Hall Directors, or other designated student conduct staff, in consultation with the Vice President, Student Affairs/designee, may accept a student’s waiver of a hearing, or postpone a step in the hearing

procedure for the purpose of resolution by agreement of the parties.

A student need not waive his/her right to a hearing and may request to meet with the Student Conduct staff/Student Conduct Board.

2. Any student may waive his/her right to a hearing before a Student Conduct hearing panel and may elect to have his/her case heard by the Vice President, Student Affairs/designee. The Hearing Officer hearing a case shall follow the general Student Conduct Board hearing procedures. In event of an appeal, Section I procedure shall apply.

H. SANCTIONS

In regard to matters heard by the Student Conduct Board/Hearing Officer, the Board/Hearing Officer is authorized to impose one or more of the sanctions listed below. The Board shall require a three-fourths (3/4) majority vote in order to impose any sanction. The recommended sanction shall be implemented by the University at the expiration of the appeal period, unless the Board/Hearing Officer determines that the sanction shall be implemented immediately. Sanctions shall be determined based on the severity of the infraction, the prior history of the student, and any facts and circumstances relevant to each case. Students who have multiple conduct violations may be subject to more serious and progressive sanctions in addition to those outlined in individual University policies.

Major Offenses: A major offense is one which does harm or potential harm to persons or property. A major offense may meet with minimum sanction of immediate suspension from housing or a suspension or expulsion from the University based on the severity of the incident. Examples of these offenses which may meet with a minimum suspension from University housing include, but are not limited to, kegs, physical fighting, possession or use of drugs, and vandalism. Examples of those offenses which may meet with a minimum suspension or expulsion from University include, but are not limited to, any violation of fire safety, assaulting and striking another person, possession or use of firearms or other weapons/lethal devices, sexual assault, stalking, resisting arrest, inciting a riot, and hazing.

Major Alcohol Offenses: The following violations shall meet minimally with an immediate suspension from housing for one (1) full academic semester or more: 1. The possession or use of alcoholic beverage containers such as kegs, beer balls, or the functional equivalent (whether full, partially full or empty) as well as punch bowls or any containers that indicate the

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probability of common source drinking or bar service, in any University building or on any University grounds, is prohibited and shall constitute a major infraction of University regulations.

2. The delivery, gratuitously or for sale, of alcoholic beverages to a person under the age of twenty-one (21) is prohibited and shall constitute a major infraction of University regulations.

3. The promotion or solicitation of any alcohol related activity that is not sponsored by the University.

Other Alcohol Offenses: All other alcohol offenses are subject to the following sanctions:

First Offense

Ten (10) hours of participation in community events or a work project and completion of University substance education classes. A $100 service fee will be assessed and made payable within thirty (30) days of a University disciplinary procedure decision. Additional sanctions may be given for large amounts of alcohol or disorderly conduct. Individual exceptions regarding the modification of attendance at substance education classes will be based solely on academic reasons.

Second Offense

Suspension from University housing for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment. Depending on the availability of housing and current wait list procedures, there is no guarantee that a student who is suspended from housing will be able to return to campus to live after their suspension is complete.

Third Offense

Suspension from University for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment.

Note: Failure of a student to follow through with a sanction will result in the automatic elevation of the sanction to the next level after the failure is proven through due process procedures published in the Student Conduct Code.

1. Admonition A warning or advice that certain conduct has been inappropriate.

2 Censure A written reprimand.

3. Restitution/Work Project Compensation, for damage or offense committed, through the payment of money or through an appropriate work requirement related to the offense.

4. Suspension of Specific Privilege Loss of specific privilege or privileges for a specific period of time.

5. Counseling Referral of a student to a counseling service for evaluation and recommendations. This may also include a referral to the Substance Education Program or to a substance abuse counselor, who may be in an off-campus agency. Any expense incurred shall be the responsibility of the student.

6. Probation A period of time during which the student’s actions are subject to close examination. Offenses committed during this period will be considered with prejudice by the Hearing Officer/Student Conduct Board.

7. Residential Review An action taken against a student placing his/her resident status in jeopardy. As a result of this action, the student’s housing status will be reviewed at the end of the semester in order to determine whether or not the individual should be allowed to remain in, or be admitted to, on-campus housing.

8. Deferred Suspension From University Housing A deferred removal from University housing for a specific period of time. Any proven offense committed during this period will cause the suspension to take effect immediately for the balance of the period in addition to any sanctions given for the latest offense.

9. University Housing Suspension Removal from University housing for a period of one or two semesters or portion thereof. This includes prohibition from entering all University housing facilities. After the student has gone through a residential review and University housing eligibility has been restored, the student may be readmitted by way of regular waiting list procedures. (Note: Depending on the availability of University housing and current waiting list procedures, there is no guarantee that a student who is suspended from housing will be able to return to campus to live after their suspension is complete.)

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10. University Housing Expulsion Permanent removal from University housing. This includes prohibition from entering all University housing facilities.

11. Deferred Suspension From University A deferred removal from the University for a specific period of time.

Any proven offense committed during this period will cause the suspension to take place immediately for the balance of the period in addition to any sanction given for the latest offense.

12. University Suspension Removal from the University for a period of one or two semesters or portion thereof. This includes prohibition from entering all University buildings, grounds, activities and events. No registration, class attendance, participation in cocurricular activities or University housing will be permitted during this time.

13. Limited Expulsion Removal from the University. This includes prohibition from entering all University buildings, grounds, activities and events.

No registration, class attendance, participation in cocurricular activities or University housing will be permitted. Review for readmittance will be granted only after expiration of two (2) calendar years from the time of removal.

14. Expulsion Permanent removal from the University. This includes prohibition from entering all University buildings, grounds, activities, and events. No registration, class attendance, participation in cocurricular activities or University housing will be permitted.

I. APPEALS

1. Membership and Jurisdiction The University Appeals Board shall serve as a recommending body to the President of the University/designee and shall be composed of the Vice President, Student Affairs/designee who will serve as Chair, the Student Government Association Vice President, Student Life, and a member of the Faculty/Academic Administration appointed by the Vice President, Academic Affairs.

2. Appeal Procedure With regard to any matter over which the Board/Hearing Officer has jurisdiction, any accused student, aggrieved by a decision of the Board/ Hearing Officer, may appeal said decision to the President of the University/designee by filing a Notice of Appeal Form within three (3) working days of the date of the decision of the Board/Hearing Officer.

If the President/designee finds, upon initial review, that there exist no grounds for appeal, the appeal will be concluded and all Board/Hearing Officer decisions will be upheld without further review.

The President of the University/designee shall rely on the University Appeals Board for recommendations regarding all other appeals. Notice of Appeal Forms shall be available in the Student Conduct Office.

The University Appeals Board shall notify the student, in writing, of a hearing date within ten (10) days of the receipt of the appeal from the Student Conduct Officer. The appeals hearing shall proceed as follows:

a. Written arguments of the aggrieved student and Student Conduct/ designee, the Board/Hearing Officer Decision Form and the tape recording of the hearing will be presented to the Appeals Board for review prior to the appeals hearing. b. The aggrieved student shall have ten (10) minutes to present oral argument for appeal based on the criteria outlined in Section I of the Student Handbook. The aggrieved student shall have the right to be assisted and counseled by the person of his/her choice. This person may be present at the hearing to advise and counsel, but may not represent the student to the Appeals Board. c. The Student Conduct Officer/designee and/or the Student Conduct Board/Hearing Officer/designee shall have ten (10) minutes to present oral argument to show why the decision of the Board/Hearing Officer should be upheld. d. The University Appeals Board shall base its recommendations only on the written/oral arguments of the aggrieved student and the written/ oral arguments of the Student Conduct Officer/designee and/or the Student Conduct Board/Hearing Officer/designee, the Board/Hearing Officer Decision Form and the tape recording of the original hearing.

(No information may be considered that was not part of the original hearing, except in the case of relevant and substantial new evidence.)

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e. The Appeals Board shall recommend to the President of the University/designee to uphold the decision of the Board/Hearing Officer except for the following: i. I f the Appeals Board finds that the Board/Hearing Officer or the Student Conduct staff has violated the rights of the aggrieved student under these Regulations and that such violation has hindered the student in the presentation of the student’s case, the Appeals Board shall either recommend to dismiss the charges against the student or order a new hearing within ten (10) school days. ii. The Appeals Board may recommend to reduce the sanction given to any student if the Appeals Board deems such reduction advisable. f. The President/designee serves as the final appeal on all disciplinary matters and shall inform all participants of his decision/rationale in writing. g. In matters involving allegations of sexual misconduct, both the accused student and the complainant will have the right to appeal pursuant to these procedures.

J. DISCIPLINARY RECORDS

All student disciplinary records shall be maintained in accordance with University policy and The Family Educational Rights and Privacy Act of 1974 (See Student Records and Privacy Regulations).

K. EMERGENCY ACTION

1. If the Vice President, Student Affairs/designee shall determine that a student’s presence on campus constitutes a danger to persons or property, the University may immediately suspend the student on an interim basis, provided that a preliminary hearing before the appropriate administrator be accorded prior to the interim suspension, unless unreasonably difficult to do so, and provided that a full hearing be conducted in accordance with these regulations as promptly as permits and no later than twenty (20) school days of such interim suspension.

2. If the Vice President, Student Affairs/designee shall determine, based clearly on a review of all the evidence in a given case, that the Student Conduct Board/Hearing Officer or Student Conduct staff has acted in an arbitrary, capricious, or unreasonable manner, the Vice President, Student Affairs may take any necessary action relative to the findings or

sanctions to safeguard the legitimate interests of the University. In this event, prompt notification shall be given to the student.

3. If the Vice President, Student Affairs/designee shall determine it necessary, based clearly on information and circumstances pertaining to an individual’s psychological/emotional health and personal safety or the health and safety of the University community, the Vice President/ designee shall have the authority to refer a student to an on-campus or off-campus agency for psychiatric evaluation and care.

L. AMENDMENTS

This code may be amended from time to time by the majority vote of the members of the Student Government Association and approval of the Vice President, Student Affairs, the University President and the University Board of Trustees. All matters involving student personnel policies, including Student Conduct Policies and Regulations, rest in the ultimate authority of the President and Trustees of the University. Any questions of interpretation regarding the Student Conduct Code shall be referred to the Vice President, Student Affairs or his/her designee for final determination.

M. POSTING

These regulations shall be made available to students at the Office of Student Conduct.

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STUDENT LIFE AND RELATED POLICIES ALCOHOL AND OTHER DRUG POLICY The Westfield State University policy and regulations pertaining to the possession and consumption of alcoholic beverages and the possession, use, distribution, and sale of drugs are designed (1) to conform to the state and federal laws and/or (2) enhance the health, safety, property, and educational interests of all members of the University community. The purpose of the Alcohol and Other Drug Policy is to promote a campus environment that is compatible with and supportive of academic success and personal growth. A campus atmosphere dominated by overt use and abuse of alcohol and other drugs is contrary to this goal. Accordingly, any violation of the student conduct code and/or a violation of the federal, state or local laws shall subject the offender to the University disciplinary process and/or to criminal prosecution. In accordance with the Drug Free Schools and Communities Act, Amendments of 1989 (Public Law 101-226) (20 U.S.C. sec.

1145g) the University regulations and laws pertaining to alcoholic beverages and the possession, use, distribution, and sale of drugs shall be strictly and consistently enforced.

ALCOHOL POLICY A. GENERAL PROSCRIPTIONS

1. No person under the age of twenty-one (21) may possess, use, be under the influence of alcohol or be in the presence of alcohol or alcohol containers.

2. The delivery, gratuitously or for sale, of alcoholic beverages to a person under the age of twenty-one (21) is prohibited and shall constitute a major infraction of University regulations.

3. Drunken disorderliness is prohibited.

4. Operating a vehicle under the influence of alcohol (to any extent) is prohibited.

5. Intoxication, defined as being under the influence of alcohol to any extent which involves University staff, causes a disturbance, or is a danger to persons or property is prohibited.

6. The possession or use of kegs, punch bowls, beerballs, the functional equivalent, or any alcoholic containers which indicate the probability of common source drinking or bar service, are prohibited and shall constitute a major infraction of University regulations.

7. Drinking funnels or any similar drinking devices are prohibited.

8. Each resident student of legal drinking age, living in a University apartment where alcohol is permitted, may only bring a restricted amount of alcohol into the apartment in which he/she lives. The alcohol may not be brought anywhere but to the apartment where the student lives. This restricted amount is no more than one case (30 pack or less) of beer or its alcoholic equivalent per week. No other students or non-students may bring alcohol anywhere onto the campus at anytime.

9. At any one time, each five or six-person University apartment where alcohol is permitted may contain no more than four cases (30 pack or less) of beer or its alcoholic equivalent; each four-person apartment where alcohol is permitted may contain no more than two and two thirds cases (30 packs or less) of beer or its alcoholic equivalent; and each two or three-person apartment where alcohol is permitted may contain no more than two cases (30 packs or less) of beer or its alcoholic equivalent.

10. Alcoholic beverages and/or alcoholic beverage containers are prohibited from all residence hall rooms and areas where alcohol is prohibited.

11. Any gathering is prohibited (however large or small) where: a) alcohol or alcohol containers are present; and b) any violation of the student conduct code occurs, including but not limited to where guest (s) under the age of twenty-one (21) are present.

12. Open containers of alcoholic beverages (seal broken) are prohibited from all public areas of the University.

13. The manufacturing of any alcoholic beverage is prohibited.

14. Alcoholic beverages shall not be for sale by anyone not licensed by the appropriate authority.

15. The promotion of and/or solicitation for any event or activity (wherever held) at which alcohol is to be served or made available for consumption and that is not sponsored by the University is strictly prohibited and will be considered a major violation on this policy.

Prohibited conduct includes, but is not limited to, the advertisement or other promotion of events at area alcohol establishments when such advertisement or promotion takes place on the University’s campus or

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by means of the University’s network (including the use of its network for e-mail or any web-based communication) selling or distributing tickets (whether on or off the University’s campus) for any such event, and participation in arranging group transportation for any such event.

16. Students are responsible for informing their guests of the University’s Alcohol and Other Drug Policy prior to any campus visit. Any student will be held strictly accountable for an alcohol violation when their guest violates the alcohol policy. Guests are defined as any person visiting the student whether or not the guest has signed into the residence halls through official procedures.

B. ENFORCEMENT/SANCTIONS

1. All violators of these regulations will be brought before the student conduct system for disposition of their cases and shall be subject to the following sanctions: First Offense: Ten (10) hours of participation in community events or a work project and completion of University substance education classes. A $100.00 service fee will be assessed and made payable within (30) days of a University disciplinary procedure decision. Additional sanctions may be given for large amounts of alcohol or disorderly conduct. Individual exceptions regarding the modification of attendance at substance education classes will be based solely on academic reasons.

Second Offense: Suspension from University housing for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment. Depending on the availability of housing and current waiting list procedures, there is no guarantee that a student who is suspended from housing will be able to return to campus to live after their suspension is complete.

Third Offense: Suspension from University for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment.

2. Additional information regarding the operation and effect of sanctions includes the following: a. Failure of a student to follow through with a sanction will result in the automatic elevation of the sanction to the next level after the

failure is proven through due process procedures published in the student judicial code. b. Subsequent violations of this policy within a period of twelve months will result in progression to the next level of sanction.

Unless indicated by other provisions in this policy, once a twelve month period has expired, the next violation shall meet with first level sanctions with an additional sanction of five (5) consecutive weekends of suspension from the University campus. c. More than four (4) alcohol policy violations over the course of a student’s University career will result in a Limited Expulsion from the University. d. The following violations are considered major offenses and shall meet minimally with an immediate suspension from housing for one (1) full academic semester or more. i. The possession or use of alcoholic beverage containers such as kegs, beer balls, or the functional equivalent (whether full, partially full, or empty) as well as punch bowls or any container (s) that indicate the probability of common source drinking or bar service (whether full, partially full, or empty). ii. The delivery, gratuitously or for sale, of alcoholic beverages to a person under the age of twenty-one (21). iii. The promotion or solicitation of any alcohol related activity that is not sponsored by the University.

C. GROUP FUNCTIONS

Permission for the use of alcoholic beverages for student group functions on owned or leased University property or at University related events shall be obtained from the Vice President, Student Affairs (his/her designee) acting on the recommendation of the University Special Events Alcoholic Beverage Review Board. These procedures can be found in the Office of the Vice President, Student Affairs.

D. ADDITIONAL GUIDELINES

1. Consistent with the Family Educational Rights and Privacy Act, the University shall notify the parent or legal guardian of students under twenty-one (21) years of age each time they have been found responsible for University alcohol and/or other drug policy violations. The University shall exercise discretion not to notify parents/guardians based on documented evidence of an abusive family situation.

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2. For the purpose of the Alcohol and Drug Policy, Westfield State University “campus� is defined as all buildings (owned, leased, or operated by the University) and all surrounding outdoor property (owned, leased, or operated by the University), including but not limited to parking lots, grass, sidewalks, and forested land.

3. Intoxicated persons shall be subject to police intervention including protective custody, arrest, or other appropriate action. All costs for providing required monitors for intoxicated students and/or their guests will be billed to the student.

4. The University shall have the option to mandate that a student attends substance abuse counseling/education for assistance.

5. In any situation that the University deems to be an emergency, such as a situation where a student is arrested, placed in protective custody, or transported to a medical facility due to incidents related to alcohol and/ or drug consumption, the University may notify a parent/legal guardian/ or other persons. In addition, the University shall notify the parent/legal guardian of an underage student found responsible for any University alcohol and/or drug policy violations.

6. In the event that a student is suspended from University housing or from the University for any disciplinary infraction (s), including but not limited to, alcohol or other drug infractions, no refund will be given to the student, for any University fees or tuition, unless otherwise specified by federal law, state law, or University policy.

7. In the event that University staff deems a resident to be intoxicated and is not a danger to himself/herself or other, the student may be asked to return to his/her room, may be asked not to leave the residence hall, may be escorted to another hall in which he/she resides, or may be given other appropriate instructions. Failure to comply with legitimate staff requests/instructions shall result in student conduct action.

8. Any backpack, bag or similar container that anyone carries on campus shall be subject to inspection and search by a member of the University staff whenever there exists reason to believe that the container is being used to bring on campus any alcoholic beverage or other material in violation of University policy.

9. In the event a guest, visitor, or nonstudent is deemed to be intoxicated

by University staff, the host and guest shall be asked to remain in the residence hall until Public Safety personnel have determined if the intoxicated person is in a safe condition to leave the residence hall or have made arrangements for the person’s removal.

10. Students are cautioned that the possession or use of a false driver’s license or a false Massachusetts liquor purchase identification card is a criminal offense. A student alleged to be in violation of Massachusetts General Law, Chapter 90, Section 24B (possession or use of false driver’s license) or Chapter 138, Section 34B (possession or use of a false Massachusetts liquor purchase identification card) shall have the matter referred to the local district court or motor vehicle registry in addition to the student conduct system.

11. Students are encouraged and expected to seek help from the Public Safety, Residential Life, or Health Services staff when they witness others who are incapacitated due to alcohol or other drug use.

12. The chart below outlines sample alcoholic equivalents of one case (30 pack) of beer:

UNITS OF MEASUREMENT TYPE OF ALCOHOL

Ounces

Quarts

Liters

100 proof

30

1

1

80 proof

36

1

1

40 proof

72

2

2

Wine

3.75 liters or 5 bottles at 750 ml

POLICY - OTHER DRUGS A. DRUG PARAPHERNALIA

1. The use or possession of drug paraphernalia on the Westfield State University campus is strictly prohibited. Any student found in possession of drug paraphernalia and found responsible for such possession shall be placed on University probation for one (1) academic year and shall complete ten (10) hours of participation in community events or a work project and University substance education classes and pay the service fee of $100.00 for these classes within thirty (30) days of a University disciplinary procedure decision.

2. A student found responsible for a second offense during their University career shall be subject to University housing suspension for one (1) full academic semester or more and completion of a counseling evaluation and any recommended follow-up treatment.

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3. A student found responsible for a third offense during their University career, shall be subject to University suspension for one (1) full academic semester or more. Prior to returning to University housing and/or University, the student must provide verification of completion of a counseling evaluation and any recommended follow-up treatment.

B. DRUG USE OR POSSESSION

1. Any student found in possession of marijuana or an illegal drug substance no matter how minimal the amount, or found to be using such marijuana or illicit drug substance and found responsible of such possession or use shall (this applies only to first-time offenders) be suspended from housing for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment. In addition the student will complete ten (10) hours of participation in community events or a work project and University substance education classes and be assessed a $100.00 service fee for these classes made payable within thirty (30) days of a University disciplinary procedure decision.

2. Any student found responsible of a second offense of possession or use of marijuana or illegal drug substance during their University career shall be suspended from the University for one (1) academic year or more with the possibility of returning to the University pending completion of a counseling evaluation and any recommended follow-up treatment and by the decision of the Vice President, Student Affairs with no right of return after a third offense.

C. POSSESSION WITH INTENT TO SELL OR DISTRIBUTE

1. Any student found responsible for possession with intent to sell or distribute an illicit substance will be expelled from the University with no right of return.

2. Evidence indicating possession with intent to sell or distribute any illicit substance may include, but not be limited to, possession of a large amount of an illicit drug substance; and/or possession of any amount of an illicit drug substance combined with other evidence indicating intent to sell or distribute such as weighing devices, cash boxes, bank rolls/large sums of money, cultivating equipment, chemicals used in the manufacture of illicit substances, plastic bags or other quantifying devices.

D. DRUG SALE OR DISTRIBUTION

Any student found responsible for the sale or distribution of prescription or illegal substances or drugs on the Westfield State University campus will immediately be expelled from the University with no right of return.

E. TOBACCO PRODUCTS/SMOKING

1. Smoking and/or the use of tobacco products will not be permitted on any University property or University leased property including buildings, grounds, walkways, parking lots, wooded areas and all other property owned or operated by the University.

2. Smoking and/or the use of tobacco products in University owned or leased vehicles is prohibited. Smoking and/or the use of tobacco products is also prohibited in personal vehicles when those vehicles are on University property.

3. All campus constituents have a collective responsibility to promote the safety and health of the campus community and, therefore, share in the responsibility of policy compliance. Individuals observed smoking and/ or using tobacco, in any form, are to be reminded, in a professional and courteous manner, of the University policy.

4. Students in violation of this policy shall be referred to the University student conduct system for disciplinary proceedings for repeated offenses.

5. To assist those who wish to stop the use of tobacco products, the Human Resources Department, the Health Services Department, the Counseling Center and the Employee Assistance Program (EAP) can direct employees and students to tobacco cessation programs which the university might provide.

6. Any questions regarding the interpretation of this Policy rest within the authority of the Vice President, Student Affairs (for students) and the Assistant Vice President for Human Resources (for employees).

F. OTHER DRUGS

While Westfield State University regulates the consumption of alcoholic beverages and prohibits the use of marijuana or other illicit drugs, the University in promoting an environment directed toward wellness, recognizes that other legal substances may be used in harmful and abusive ways. In an effort to promote personal growth and problem solving without the use or abuse of substances, Westfield State University strongly discourages the abuse of any over-the-counter substances or prescription drugs. If the University has reasonable cause to believe that a student is abusing such drugs, the

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University may require a student to complete a counseling evaluation and any recommended follow-up treatment.

REVIEW

The responsibility for the formation of future Alcohol and Other Drug Policies and for annual review of existing policies shall rest with the Substance Abuse Advisory Committee and the Vice President, Student Affairs, whose recommendations shall be forwarded to the Student Government Association for consultation, and to the University President for review and implementation. All matters involving student personnel policies, including the Alcohol and Other Drug Policy, rest in the ultimate authority of the President and the Board of Trustees of the University.

Dissemination of this policy shall include inclusion in the Student Handbook, the University Bulletin, and other appropriate publications, discussion at all orientations of new and transfer students, and regular review and dissemination by Residential Life and Student Affairs staff.

ANTI-BULLYING, MOBBING, AND HARASSMENT POLICY PURPOSE

To educate the university community about bullying, to promote civility, and to take immediate corrective action when appropriate.

DEFINITION

Bullying consists of abusive conduct relative to acts, omissions, or both, that a reasonable person would find hostile, based on the severity, nature, and frequency of the conduct and without regard to the method of delivery, such as verbal, written or electronic. Abusive conduct may include, but is not limited to: repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct of a threatening, intimidating, or humiliating nature; the sabotage or undermining of an individual’s work performance; or attempts to exploit an individual’s known psychological or physical vulnerability. A single act normally will not constitute abusive conduct, but an especially severe and egregious act may meet the standard.

POLICY

Westfield State University accepts and endorses state Senate bill #699 “An Act Addressing Workplace Bullying, Mobbing, and Harassment, Without Regard to Protected Class Status” as proposed, and, further, accepts and endorses any

and all amendments made to this bill, as well as the bill in its final form that is signed into law by the governor of the Commonwealth of Massachusetts.

In keeping with the Senate bill #699, Westfield State University prohibits conduct which may be interpreted as bullying or harassment as described in this policy. The university wishes to promote a friendly, welcoming, and healthy environment in conjunction with the university’s Mission Statement.

Every individual is entitled to be treated with respect and to be free from bullying and harassment. All members of the university community are expected to behave in a manner which demonstrates proper regard for the rights and welfare of others.

Staff are required and students are strongly encouraged to provide support to individuals who are bullied or harassed and to report incidents to the appropriate university official.

This antibullying policy applies to the entire university community, including full-time and part-time administration, faculty, staff, students, contractors, consultants, and vendors. It includes conduct in the workplace and conduct in connection with work related travel and/or at university-sponsored events.

It also expands harassment beyond the protected classes to include the entire university community.

Education/Prevention

This policy will be circulated each fall to all employees and students through the Diversity/Affirmative Action Office along with the annual distribution of the following: Affirmative Action/Equal Opportunity/Diversity Plan, Drug Free Schools and Communities Information Policy, Rape/Sexual Assault Policy. Additionally, the Anti-Bullying Policy will be included in all electronic and paper versions of the University’s Policy Manual.

Disciplinary Action

Violations of this policy are subject to disciplinary action in accordance with university policy, collective bargaining, and the Student Handbook.

PROCEDURES FOR REPORTING Normal channels of reporting alleged bullying will be used in accordance with the Student Handbook, collective bargaining agreements, and university procedures. Investigations of complaints of bullying will be done expeditiously and with the highest level of confidentiality.

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Reporting Violations by Students

Complaints of bullying should be reported immediately to the Public Safety or Residential Life staff (24 hour operations). Complaints may also be reported to the Dean of Students or Student Conduct Office.

Complaints will be investigated and forwarded to the Student Conduct Office for review in a timely manner. Alleged student conduct violations stemming from complaints will be processed in accordance with the student conduct procedures outlines in the Student Handbook.

Reporting Violations by Employees, Contractors, Vendors

• Complaints of bullying should be reported to the Assistant Vice President, Human Resources/Affirmative Action. • The Assistant Vice President of Human Resources/Affirmative Action will determine at what level the complaint will be investigated and what/if any corrective action should be administered. For example, an instance where an employee accuses a supervisor of bullying, the complaint may be referred to the area vice president.

Questions regarding reporting alleged violations of this policy may be directed to the Assistant Vice President of Human Resources/Affirmative Action.

REVIEW

This document will be reviewed annually by the Assistant Vice President of Human Resources/Affirmative Action. Should related legislation become law, this policy will be reviewed immediately and revised in accordance with federal and state laws.

CLASSROOM STUDENT CONDUCT POLICY Westfield State University students are prohibited from engaging in behavior or activity that causes the disruption of teaching, learning, research, and other academic activities recognized as necessary to the fulfillment of the University mission.

POLICY

A. Examples of potentially disruptive behavior may include, but are not limited to, using inappropriate language directed at an individual or group, unsolicited talking in class, sleeping in class, using or activating cell phones, arriving at or leaving the classroom while class is in session, and/or failing to comply with the legitimate request of a University faculty member.

B. When disruptive behavior occurs in the classroom, a faculty member has the right to remove the student from the classroom. The faculty will communicate the reason for the removal to the student and indicate the expected appropriate conduct. If the student continues to engage in disruptive behavior during future class sessions, the faculty member will forward written documentation of the student’s inappropriate behavior to the respective department chairperson, who subsequently will meet with the student to review the matter and determine an appropriate course of action.

C. If the student continues to demonstrate disruptive behavior or does not comply with the documented course of action, the student may be permanently removed from the course after a review conducted by the Dean of Undergraduate Studies or Dean of Graduate and Continuing Education as appropriate.

D. Students who exhibit behavior that immediately endangers or more seriously disrupts the establishment or maintenance of an appropriate learning environment in the classroom are subject to an immediate review by the Dean of Undergraduate Studies or Dean of Graduate and Continuing Education or by student conduct procedures.

E. In applying this policy, faculty and academic administrators shall give due regard to the requirements of the Americans with Disabilities Act (ADA), providing for reasonable accommodations for students with disabilities.

F. The Vice President for Academic Affairs will act as the sole and final appeal for any decisions made by the Dean of Undergraduate Studies or Dean of Graduate and Continuing Education.

G. In some cases, the student may also be subject to Student Conduct action as determined by the University.

REVIEW

This policy will be reviewed annually by the Vice President for Academic Affairs.

COMPUTING RESOURCES POLICY (The following text is taken from the University Computing Resources Policy. The entire text of this policy is available at the Office for Information Technology in Wilson Hall, Room 102. More information available on the portal at “myWestfield”)

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The installation, for any purpose, or use of any peer-to-peer file sharing application (such as, but not limited to, KaZaA, FastTrack, Gnutella, BearShare, LimeWire, etc.) is not permitted on the Westfield State University network. In addition, any other network-based nonacademic application that consumes the University’s limited bandwidth may be limited or restricted.

The Executive Director of Information Technology/designee must approve the installation of any server or server-based application on the Westfield State University network.

Students who violate this policy by installing, continuing to have installed, or utilizing any component of peer-to-peer file sharing applications as established above, will be subject to disciplinary actions.

HAZING LAW (Massachusetts General Laws, Chapter 269) SECTION 17

Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.

The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.

Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.

SECTION 18

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report

such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.

SECTION 19

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s require-ments that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.

Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgment stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of section seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the Board of Higher Education and in the case of secondary institutions, the Executive Office of Education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section

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and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The Board of Higher Education and, in the case of secondary institutions, the Executive Office of Education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.

SEXUAL MISCONDUCT POLICY A. INTRODUCTION

1. The University is committed to providing a working environment that is free of all forms of sexually abusive, harassing or coercive conduct.

This policy seeks to protect the rights of all members of the University community and to have all individuals treated with respect and dignity.

2. Sexual misconduct includes sexual harassment, sexual assault, rape, and sexual exploitation or coercion of any nature. Acts of sexual misconduct are traumatizing events causing psychological and physical harm and can be among the most painful and upsetting events that can happen to a woman or a man. The University will not tolerate sexual misconduct in any form. Campus rape/sexual assault is both a violation of Massachusetts criminal law, federal discrimination law, and a violation of the University code of conduct. A student or employee charged with rape/sexual assault can be prosecuted under the Massachusetts Criminal Laws. He/she may also be disciplined through the University. Even if the criminal justice authorities choose not to prosecute an alleged assailant, he/she may be subject to University disciplinary action including suspension or expulsion.

3. Sexual misconduct may occur between a male perpetrator and female victim, a female perpetrator and male victim, or between a perpetrator and victim of the same gender. Regardless of the gender or sexual orientation of the perpetrator or the victim, various forms of sexual misconduct are a violation of the law and university policy.

B. UNIVERSITY DEFINITIONS

The following are educational definitions used by the University and are not intended to mirror Massachusetts General Laws.

1. Rape (Nonconsensual Sexual Intercourse) – Entering into, engaging in, or continuing to engage in sexual intercourse, which involves an act of vaginal, oral, or anal penetration with another person when it occurs against that person’s will/without that person’s consent. Acquaintance rape (committed by a date, friend, or someone the victim knows casually) is defined the same as above and is the most prevalent form of rape on the University campus.

2. Sexual Assault (Nonconsensual Sexual Touching) – Unwanted touching (not penetration), however slight, of an intimate part of another’s body (breasts, buttocks, groin, or genitals) or removing another’s clothing against that person’s will/without that person’s consent.

3. Sexual Exploitation – Other violations of a sexual nature, which are also subject to the provisions of this policy include, but are not limited to, non consensual videotaping or audio taping of sexual activity, engaging in peeping on others, sexting, internet dissemination of sexual materials, performing sexual acts in the presence of another without their consent, or any sexual exploitation, which is taking non-consensual sexual advantage of another for one’s benefit or for the benefit of others.

4. Sexual Harassment – Sexual harassment consists of unwelcome verbal, non-verbal and/or physical behavior of a sexual nature which has the effect of interfering with a person’s academic, employment or other status, or of creating a sexually intimidating, hostile, or offensive environment (see Sexual Harassment Policy).

5. Against A Person’s Will – Physical or verbal force, coercion, intimidation, or threats inflicted upon another person whenever that person indicates verbal or non-verbal resistance, however slight. Against a person’s will also means without that person’s consent. Consent is clear indication, either through verbal or physical actions, that parties are willing and active participants in the sexual act. Such authorization must be free of force, threat, intimidation, or coercion, and must be given actively and knowingly in a state of mind that is awake, conscious and rational and not compromised by alcohol or drug intoxication.

Entering into, engaging in, or continuing to engage in intercourse with a person who you know to be, or should reasonably know to be incapacitated due to intoxication or unconsciousness or any helplessness making them incapable of consent, is a violation of this policy.

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C. PROCEDURES TO FOLLOW IF YOU ARE A VICTIM OF SEXUAL MISCONDUCT

1. Go to a safe place as soon as you can. Contact someone you trust, a close friend, family member, staff member or a resident assistant, to be with you and support you.

2. Reporting the incident for investigation. Students should report incidents for investigation to Public Safety by calling 911. Public Safety will coordinate the notification to Local or State Police. Public Safety can also be contacted (non-emergency at x5262). You may also report the incident directly to the Office of Student Conduct or the Office of the Human Resources/Affirmative Action. These offices will work with Public Safety to investigate the incident. Although your privacy will be protected when you report through these offices, people who need to know may be told and information may be shared as necessary to investigate and adjudicate the matter. All efforts will be made to protect your privacy to the greatest extent.

3. Confidential Reporting. If you wish for the incident to remain completely confidential, reports may be made to a University Counseling Center, Campus Ministry, or an off-campus rape crisis agency. These offices may assist you in filing an official report for investigation with the Public Safety Office if you so choose.

4. Faculty and Staff Obligation to Report. Staff and faculty of the university outside of the offices of Counseling and Campus Ministry are obligated to report incidents of sexual misconduct to the Office of Public Safety and/or the Affirmative Action Title IX Coordinator within a timely manner, preferably not to exceed 72 hours. Such reports may be made as third party reports if the victim so chooses not to disclose their identity or and/or the identity of the accused. Third party report forms are available through Public Safety, Student Conduct, or the Office of Human Resources/Affirmative Action.

5. It is important to preserve all physical evidence since this may be necessary in the proof of a criminal sexual assault. If possible, do not wash, eat, drink, douche, clean, use the bathroom, or change clothes. If you do change clothes, put all clothing you were wearing at the time of the attack into an unused or a clean paper bag.

6. Get medical attention as soon as possible. A medical examination can provide any necessary treatment and collect important evidence. Injuries may not be immediately apparent. Health Services and Public Safety personnel can assist in transporting you to the hospital.

D. PROTOCOL TO BE USED BY UNIVERSITY STAFF FOLLOWING A REPORT OF SEXUAL MISCONDUCT

1. Offer immediate medical and emotional care for the victim’s well-being and for the documentation and collection of physical evidence of the assault.

2. Encourage the victim to speak with University Public Safety Officers and the Massachusetts State Police. Third party reports may be filed with University Public Safety and the Massachusetts State Police.

3. Based on the immediate needs of the victim, report the incident to appropriate University personnel such as:

a. Vice President of Student Affairs;

b. Director of Public Safety;

c. Director of Counseling Center;

d. Director of Health Services;

e. Assistant VP, Human Resources/Title IX Coordinator;

f. Director of Residential Life 4. If necessary, the Vice President for Student Affairs may conduct an immediate emergency administrative hearing process.

5. If necessary, modify on-campus living arrangements if the victim is in fear of his/her safety.

6. In order to protect the confidentiality of the victim, all requests for information from concerned students, parents, and press will be referred to the University Public Affairs Office.

7. If necessary, timely warning will be made by the Director of Public Safety/designee to the University community to protect the safety of others if the incident(s) reported are deemed to pose a substantial threat of danger to the community. This notification will not include any identifying information regarding the victim.

8. The Director of Public Safety or his/her designee and the Vice President for Student Affairs or his/her designee will inform the victim of the existence of the following options, any and/or all of which may be initiated by the victim and/or the University.

a. Criminal prosecution

b. Civil prosecution

c. University disciplinary process and discrimination complaint procedures

d. Alternative options including structured resolution agreements; mediation would not be used in cases of sexual assault, rape, or sexual exploitation.

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e. University-issued protective order and/or court issued restraining order f. Counseling and support services both on and off-campus. g. Opportunities for and assistance with a change in academic and living situations.

E. UNIVERSITY DISCIPLINARY ACTION

1. In addition to Massachusetts criminal procedures, if there is sufficient evidence to prove that sexual misconduct has occurred, the University will process the accused through standard University procedures outlined in the Westfield State University Student Conduct Code, Discrimination Complaint Procedures, or through appropriate bargaining unit agreements.

2. Students charged through the campus disciplinary system will be afforded the rights prescribed by the University conduct code, including the following: a. The right to reasonable notice, in writing, of the charges against him/her, the particular standard of conduct or regulation which the student has allegedly violated and the basic facts, including dates and times on which the charges are based; b. The right to review substantive evidence to be used against him/her; c. The right to a hearing before either the Student Conduct Board or an Administrative Hearing Officer as determined by the Vice President, Student Affairs/designee; d. The right to have a person or persons of his/her choice accompany him/her throughout the disciplinary proceedings. (This person may also advise and counsel, but may not represent the student to the Student Conduct Board or Administrative Hearing Officer, or enter into direct questioning); e. The right to question witnesses against him/her and to present witnesses on his/her behalf. The Board/Hearing Officer will have the right to determine whether questions should be directed through the Board for initial review. f. The right to be informed of the outcome of the hearing; g. The right to appeal as outlined in the Student Conduct Procedures; and h. The right to be treated with respect and dignity.

3. Victim (s) of sexual misconduct will be afforded rights not limited to the following:

a. The right to choose any and all options as outlined in Section D, No. 8 of this policy. b. In the event that he/she elects to pursue the matter through University disciplinary procedures, the following rights shall be afforded: i. The right to have a person or persons of his/her choice accompany him/her throughout the disciplinary proceedings; ii. The right to be present during the entire disciplinary proceeding; iii. Should a victim testify, he/she would have the right to request a modification to the hearing setting during their testimony. Such examples include, but are not limited to, a physical partition that would serve to separate the accused and the complainant during the hearing; questions from the accused being directed through the Board for initial review; and the possible use of technology to provide for testimony given through closed circuit means.

Determinations about such requests will be made by the Vice President, Student Affairs/designee; iv. The right, as established in Massachusetts Law, not to have his/ her personal sexual history (including that with the accused student) discussed during the hearing; v. The right to make a “victim impact statement� if the accused is found in violation of the University conduct code; and vi. The right to be notified of the outcome of any disciplinary proceedings pursuant to the Campus Security Act, Sexual Assault Bill of Rights (April 29, 1994). c. In order to create an environment that encourages victims to report and pursue action relative to incidents of sexual misconduct, the University may choose not to pursue student conduct violations committed by the complainant (such as alcohol violations) related to the sexual misconduct incident. In those rare instances where violations are processed, they will be addressed through the use of educational methods such as counseling, community service, and/ or educational workshops. Victims will not be subject to fines or removal from housing or the University. d. The right to be treated with dignity and respect. e. The right to appeal as outlined in the Student Conduct Procedures.

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F. SANCTIONS

1. Any student found responsible of a charge of sexual misconduct will face sanctions ranging from suspension from housing through suspension or expulsion from the University.

2. The University reserves the right to broaden or lessen any range of consequences or recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior.

G. CAMPUS EDUCATION/PREVENTION PROGRAMS

1. The University will provide information about acquaintance rape and other kinds of sexual assault during student and employee orientation meetings.

2. The University will sponsor periodic workshops designed to educate students in regard to sexual assault, including rape and acquaintance rape.

3. The University will distribute the information including the University Sexual Misconduct Policy which defines rape/sexual assault and provides options and services available to victims.

4. The University will provide special educational and training programs about sexual assault for professional and paraprofessional staff who must be prepared to respond in an appropriate and sensitive way to victims.

5. The University will use the campus media, such as the newspaper, radio, and television to heighten awareness of campus rape/sexual assault and its prevention.

6. The University will provide educational information about the involvement of alcohol and other drugs in acquaintance rapes and other sexual assaults.

7. The University will encourage its faculty to introduce information about sexual assault through reading and discussion in relevant classes.

H. ON-AND OFF-CAMPUS RESOURCES/CONTACTS

1. Medical Treatment a. Student Health Services, Scanlon Hall - x5415 b. Noble Hospital Emergency Room (24 Hours) – 568-2811 c. Baystate Hospital Emergency/Sexual Assault Nurse Examiner – 794-3233

2. University Police and Other Police Information a. University Public Safety Office - x5262 b. Westfield Police Department (Emergency) - 911 c. Westfield District Attorney - 572-1454 3. Counseling and Emotional Support a. Counseling Services, Lammers Hall Annex - x5790 b. YWCA of Western, MA (Springfield, MA) - 733-7100 c. New Beginnings - 562-5739 d. Every Women’s Center (Amherst) Resource and Referral - 413-545-0883 (24 Hour Hotline) - 413-545-0800 4. University Offices a. Vice President/Dean of Student Affairs - x5400, x5421 b. Director, Student Conduct—x5403 c. Director of Residential Life - x5402 d. Affirmative Action/Title IX Coordinator - x8106

REVIEW

This document will be reviewed annually by the Office of the Vice President, Student Affairs.

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RESIDENCE HALL POLICY A. INTRODUCTION

Residential Life promotes personal development and civic engagement.

Successful on-campus living requires that all residents are aware of the impact that their actions and choices can have, not only on themselves but also on other residence hall community members. An important aspect of this process is understanding and abiding by University policies and state and federal laws.

Residents are responsible for what occurs in their assigned rooms/apartments; and also for the collective well-being of their respective communities. Students who violate policies may face student conduct system action, criminal prosecution, administrative room reassignment, loss of housing, service charges and/or other responses based on the nature and severity of the situation.

B. ALCOHOL AND OTHER DRUGS

See “Alcohol and Other Drug Policy” section of this Handbook.

C. APPLIANCES

1. Electrical appliances permitted in resident rooms: blenders, clocks, coffee makers with auto shut-off, computers, fans, hair dryers/curlers, humidifiers, irons with auto shut-off, air popcorn poppers, radios, razors; refrigerators (one per resident) bearing the UL seal, operating on up to 2.5 amps and having a capacity up to 4 cubic feet; stereos, TVs. Appliances should be Energy Star rated where available. Any appliance not being used in its intended manner may constitute a health and safety hazard and is subject to confiscation.

2. Electrical appliances prohibited in resident rooms: air conditioners, candle warmers, “George Foreman grills” or similar devices, halogen lamps, heat lamps, heaters, hotplates, hotpots, sandwich makers, toasters, toaster ovens and other cooking devices. To preserve a safe, healthy environment, Residential Life shall confiscate prohibited appliances. Non-approved appliances will be removed immediately upon discovery and disposed of. Repeat violations will lead to sanctions up to and including a loss of housing. EXCEPTION: Apartment Complex, Lansdowne and New Hall residents may have one “George Foreman grill”/sandwich maker and one toaster or toaster oven per apartment in the kitchen area.

3. Residents may not have microwave ovens (except for approved Polarwave units rented through the University). Unapproved microwaves will be confiscated and disposed of. EXCEPTION: Apartment Complex, Lansdowne Place and New Hall residents may have one microwave oven per apartment in the kitchen area.

4. Since meal preparation in student bedrooms poses health and safety issues, approved appliances may be used within your room for snack preparation only. Use your hall’s kitchen facilities for meal preparation.

5. Extension cords must be UL approved and at least 16 gauge.

Never run cords under carpets, place large/heavy objects on top of cords, crimp cords or overload outlets (more than two items plugged in at once). Use power strips with circuit breakers and do not plug power strips/extension cords into other power strips/extension cords.

6. For safety reasons, students must always be in their rooms when ANY cooking or other potentially hazardous device or appliance is in use.

7. To promote energy conservation, the University strongly encourages the use of CFL and LED light bulbs wherever possible in studentsupplied lamps and devices.

8. The University may require removal of any item, or establish conditions for its continued presence and use, in the interest of preserving a healthful and safe environment.

D. DAMAGE

1. The Community Response Plan is a collaborative effort by Residential Life, residence hall Maintainers and residents to promote respect for our residence and for all who live and work in them. Residents are members of a large and interdependent community, and each persons’ actions have an impact on their neighbors and the University. The Plan is designed to make students aware of conduct that is damaging to the community and to remind students that damages and extraordinary cleaning charges should be kept to a minimum. If excessive changes occur in a hall, students are notified of what has taken place and given the opportunity to take responsibility before other steps are taken.

2. Residents of a building are responsible for damage and vandalism which occurs during the year. Damages are classified as: a. Personal - the resident’s room and all University furnishings and equipment present in these spaces. Apartment kitchens, living rooms and bathrooms are also considered personal space for billing purposes.

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b. Section - the hallways, lounges, bathrooms etc. shared by residents in a specified area of a building. c. Common Area - public areas such as hallways, floor lounges, bathrooms, stairwells, main lounges, lobbies, game rooms, courtyards, and grounds; and all University furnishings and equipment present in these spaces.

Personal and common area charges will apply to all residents. Any hall may adopt section charges by a majority vote of the residents of that hall in September of each academic year. This decision may be revisited within the first week of the spring semester if brought up for review via a petition signed by at least 25% of the residents of that hall.

3. At check-in, each resident receives a detailed Room Inventory Form (RIF).

Carefully complete the RIF to avoid billing concerns at check-out. The RIF will be reviewed at check-out by the Residential Life staff. Costs for room damages, missing items, and extraordinary cleaning will be billed to residents. Complete and return your RIF within 48 hours of check-in to avoid a $50 improper check-in charge and possible room damage charges.

4. Common area damages which cannot be attributed to specific persons will be apportioned among all hall residents at the time those charges occurred. Common area charges will be billed to residents during the semester and/or at the end of the semester as needed. Residents can significantly reduce these charges by being vigilant and by reporting cleaning-and damage-related incidents immediately to a staff member.

5. Section damages which cannot be attributed to specific persons will be apportioned among all section residents at the time those charges occurred. Section charges will be billed to residents during the semester and/or at the end of the semester as needed. Residents can significantly reduce these charges by reporting cleaning- and damage-related incidents immediately to a staff member.

6. The Residential Life staff conducts room damage assessments upon checkout, at the end of each semester, and as needed.

7. Routine vs. extraordinary cleaning – Residence hall maintainers are responsible for daily cleaning of public areas, trash removal from designated areas, and routine minor repairs. They are not expected to clean extraordinary messes or student rooms. Where extraordinary cleaning is needed, the individual or building will be assessed a service charge based on the nature of the occurrence.

8. Repairs may be made immediately or on a cyclical basis, depending on the nature and severity. Damage repairs fees are applied to those repairs regardless of when this work is completed.

9. Appeals of personal damage charges may be submitted to ‘Residential Life, Westfield State University, Westfield, MA 01086, ATT: Damage Appeals.’ Please state which charge is being appealed and why. ONLY appeals submitted in writing by the resident being charged, and within 60 days of the billing date will be considered. Common area and section damages may not be appealed, but students may review their hall’s itemized common area charges by contacting their Residence Director during the school year or by going to the ‘Residential Life’ page of the University website after February 1 (for fall semester charges) and July 1 (for spring semester charges).

10. Students responsible for repeated or significant damages face sanctions up to and including immediate loss of housing or University status in addition to restitution.

11. Students responsible for extraordinary cleaning charges face sanctions up to and including immediate loss of housing in addition to restitution; biohazard issues related to bodily waste WILL lead to immediate loss of housing and restitution.

12. Below is a partial list for some common cleaning and damage charges including parts and standard labor charges (all prices are subject to change, and may vary from hall to hall).

BATHROOM: WINDOW: Sink 250.00 Window crank 25.00 Mirror 100.00 Window glass 75.00-500.00 Shower rod 75.00 Window screen 25.00-100.00 Shower curtain 17.00 Window shade roller 16.00-50.00 Shower door 150.00-200.00 Window shd. chain operated 75.00-250.00 Soap dispenser 20.00 Vertical blind track—minimum 200.00 Sanitary napkin box 42.00 EXTRAORDINARY CLEANING: Toilet stall door 150.00-200.00 Minimum charge 25.00 Toilet paper holder 40.00 After hours—minimum 1 50.00 Toilet unplug 100.00 Biohazard clean-up-minimum 100.00 Toilet seat 30.00 Biohazard clean-up—after hours 175.00 Toilet (tank only) 250.00 Disposal fee—carpet 50.00 Toilet replacement (wall hung) 150.00 Disposal fee—furniture 50.00 Toilet replacement (floor mount) 350.00 Disposal fee-food containers 10.00 Disassemble, take bowl off (unplug) 100.00 Personal trash removal—minimum 25.00 Graffiti clean-up (sq. ft.)

30.00 Recycling item in wrong bin 15.00

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FURNITURE: OTHER: Barstool 210.00 Bulletin board 100.00 Bench 250.00 Bulletin board content (replace) 25.00 Bunk bed (headboard, footboard, frame) 200.00 Cable jack box 30.00 Chest of drawers 275.00 Carpet replacement (sq.yd.)

50.00 Coffee table 200.00 Carpet stain removal 25.00 Desk chair 175.00 Ceiling tiles 25.00-50.00 Desk chair seat or back 45.00 Ceramic wall/floor tile (sq.ft.)

50.00 Desk 290.00 Closet door 125.00-200.00 Desk bookcase 100.00 Dishwasher 500.00 End table 175.00 Elevator damage repairs 500-1500.00 Mattress 90.00 Hub 30.00 Upholstered 3-seater 1000.00 Hub power supply 10.00 Upholstered 2-seater 900.00 Hub long data cable 15.00 Upholstered 1-seater 600.00 Light globe cover 25.00-100.00 Upholstery repair-minimum 100.00 Light globe cover—New Hall 90.00-230.00 Hub short data cable 5.00 Mailbox glass 15.00 DOORS/LOCKS/KEYS: Mirror-room 30.00 Door 450.00 Nail/tack/dart hole—each 15.00 Door closer 175.00 Painting (sq. ft.) - minimum 25.00 Door handle-replace (set) 150.00 Polarwave replacement 450.00 Door lock—(complete replacement) 350.00 Sheet rock (sq. ft.)

25.00 Door refinish 50:00-100.00 Sign replacement (varies w/type) 100.00-175.00 Lock core change: Sink gooseneck spout 75.00-100.00 Single 110.00 Tape mark—minimum 10.00 Double 120.00 Tradesperson after hours (minimum) 150.00 Triple 130.00 Vending damage (minimum) 200.00 Quad 140.00 Apartment/Suite front door lock/key 130.00-160.00 Mailbox key 10.00 Note: Bent, damaged or broken keys will be Water fountain 550.00 replaced at no cost as long as there is no evidence FIRE SAFETY: of abuse.

Exit door alarm 200.00 Exit door sign 200.00-250.00 Fire alarm cover 110.00 Fire ext. recharge 60.00 Fire ext. replace 125.00 Fire ext. box cover 35.00-60.00 Heat/smoke detector 90.00-130.00 Malicious/negligent fire alarm 500.00

13. Additional, contractually-mandated charges will be assessed to individuals or residence halls as applicable for service calls on evenings, weekends and holidays: Labor Charges/Electrician $175.00 per occurrence Labor Charges/Carpenter $150.00 per occurrence Labor Charges/Heating and Ventilation $200.00 per occurrence Labor Charges/Locksmith $175.00 per occurrence Labor Charges/Plumber $200.00 per occurrence Note: Facilities may change rates to comply with contractual minimums for these services.

E. ENTRY INTO RESIDENCE HALL ROOMS

1. Residential Life conducts health and safety inspections of all residential areas including student bedrooms as needed to ensure that students are living in a safe, sanitary manner and in compliance with the Residential License Agreement. Advance notice of these routine inspections will be given.

2. Maintenance and Facilities and Operations personnel/designees may enter student rooms at any time to perform needed work.

3. University staff may enter a room in emergency or ongoing situations which are believed to present immediate danger to students and/or property.

4. The University may authorize an administrative room entry or search based on reasonable grounds for believing that the search will yield evidence that the resident is in violation of University/Residential Life policies.

5. Students should also be aware that search warrants, based upon probable cause that a crime has been/is being committed, are obtained

by University personnel as needed.

6. Fire alarms will necessitate a health and safety check of each room to ensure building evacuation. Staff members are obligated to report any University policy violations noted during room checks.

F. FACILITIES

1. Bicycles/Motorcycles/Mopeds - Bicycle storage areas are provided in most halls. Bicycles stored in public areas are safety hazards and will be removed. Motorcycles/mopeds belong in designated parking areas only.

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2. Cleanliness - Residents are responsible for cleaning and keeping their rooms, suites and apartments in a safe and sanitary manner and share responsibility for maintaining common areas such as kitchens, hallways, bathrooms, and lounges. Rooms, suites and apartments should not be decorated or arranged in ways that cause safety issues or extraordinary cleaning (such as chalking or painting walls, affixing permanent additions in rooms, or other similar actions). Trash and recycling materials should be deposited regularly in the designated containers.

Extraordinary cleaning charges are assessed to individuals or the hall as needed. During normal maintenance hours these charges vary, depending on the situation. After normal hours, the minimum charge is $150 per incident.

3. Cable Television - Unauthorized connection to or modification of cable lines is illegal and can result in civil, criminal, and/or student conduct action.

4. Fire Alarms a. All residence hall occupants must evacuate the building immediately when a fire alarm sounds and remain at least 25 feet from the hall.

Exit using the CLOSEST fire door, and learn alternate plans of escape if an exit is blocked, and await instructions from staff regarding an assembly point as needed. b. Any student who fails to evacuate a residence hall during a fire alarm shall be subject to sanctions up to and including loss of housing for repeat violations. c. Any student found responsible for deliberately causing a false fire alarm or tampering with fire safety equipment shall be immediately expelled from the University. This includes covering, affixing items to, or disabling any fire equipment; and damaging fire exit signs or otherwise compromising building evacuation. d. A $500 charge is assessed to any building where an alarm is activated falsely, negligently or maliciously. A $2000 reward is offered for information leading to the successful apprehension and prosecution of any person (s) responsible for causing a malicious fire or fire alarm. e. Students who cause an actual fire or trigger an alarm, either intentionally or through negligence, face sanctions up to and including expulsion from the University and a $500 service charge plus actual restitution for damages and clean-up.

5. Fire Safety a. Lighting, heating, decorative, or cooking devices with an open flame or burner are prohibited. This includes all candles (even those without wicks), incense, incense burners, candle warmers, and potpourri pots. Grills used for outdoor cooking must be used at least 25 feet away from all buildings. Candles, incense, incense burners, and non-approved appliances will be disposed of immediately upon discovery. Repeat violations will lead to sanctions up to and including loss of housing. b. Residence hall storage of gasoline, kerosene, lighter fluid, liquid propane or any flammable liquid, or machines using flammable liquids, is prohibited. Explosives, fireworks, and/or other hazardous materials may not be stored or used in or around the residence halls. c. D oorways, stairwells, windows and hallways must remain unobstructed. No sheets/blankets/tapestries/flags may be hung in any residence hall windows or doorways, walls or from ceilings. Wall decorations must not cover so much area as to constitute a fire hazard.

Door decorations must not be affixed within one foot of the top or bottom, or within six inches of the side edges, of any door. Door decorations must not cover any room number, door lock or handle. d. Most residence hall fireplaces are decorative only and not intended for use. e. Holiday decorations: Live trees and wreaths are not allowed.

Lighted decorations may only be on when a person is in the room.

Decorations must be fireproof and cannot cover hallways, exits or doors, appliances, or electrical fixtures and they must be removed in a timely manner. f. The University reserves the right to remove hazardous materials or devices, or items that are being used in an unsafe manner.

Confiscated items are typically disposed of. g. Apartment Complex fire escape doors and stairwells are for emergency purposes only. Violations will lead to sanctions up to and including loss of housing. h. Students must not damage, tamper with, cover or deactivate any fire safety equipment, whether in rooms (heat/smoke detectors, etc.) or common areas (pull stations, exit signs, etc.). Violations will lead to sanctions up to and including expulsion from the University.

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i. The University may require removal of any item, or establish conditions for its continued presence and use, in the interest of preserving a healthful and safe environment.

6. Common Areas – Residence hall common areas include main lobbies, game rooms, student lounges, floor lounges, laundry rooms and other spaces. To preserve a comfortable living environment for all residents, please respect these shared areas. In particular, common area furniture and equipment provided for community use are NOT to be removed for personal use within a room. Students found with such items in their rooms face student conduct action, possible criminal charges for theft of state property, and will be charged a $100 service charge per item.

7. Painting Policy – Requests to paint common areas should be referred to the Residence Director.

8. Repairs – Many repairs can be completed by your hall’s maintenance staff. If you need a room repair or see a damaged item in a public area, please inform your RD or Maintainer. For major health/safety issues, please inform an RA, RD, Maintainer or Public Safety immediately.

Please remember that most facilities and maintainer staff members typically work ‘first shift’ hours (6am-2pm), so non-emergency requests made later in the day are unlikely to receive attention until the following day at the earliest.

9. Roofs – Residence hall roofs, balconies, and exterior landings are not designed for resident use; students found in these areas face loss of housing.

10. Room Furniture a. Do not put beds on radiators, cinderblocks, or other furniture. Do not place mattresses on the floor. Waterbeds are not allowed. b. Desk bookshelves must remain affixed to the desktops. c. Room furniture can only be removed with the RD’s prior approval and will be stored in a designated area as space permits. d. Do not stack room furniture or remove closet doors. e. Students are not allowed to bring large, upholstered furniture made for home use into the residence halls, as they do not meet strict state-mandated standards for residence hall fire retardance.

G. GUEST POLICIES

1. Definition - a guest is defined as any individual who is not currently assigned as a resident of that particular residence hall room.

2. Residents are responsible for the behavior of their guests. Hosts must ensure that guests abide by all University and residence hall policies. Guests who are not Westfield State University students will be banned from campus and face possible civil/criminal action for policy violations. Guests who are Westfield State University students face loss of guest visitation privileges and possible additional student conduct action as well as possible civil/criminal action for University policy violations.

3. In ALL cases, the rights of Westfield State University residents shall take precedence over the rights of guests. Specifically, residents have the right to prohibit or restrict guest presence in their own rooms, particularly in the case of overnight guests.

4. A guest’s stay may not exceed three (3) overnights in any week (Monday-Sunday). An extended pattern of visitation which, in the judgment of Residential Life staff, indicates illegal residence in a building or disrespect for a roommate’s rights may lead to immediate removal of the guest, disciplinary action, reassignment to another room, and/or loss of the host’s and guest’s sign-in privileges.

5. Guest Sign-In a. Any guest who is not a current Westfield Sate University student must be signed in and escorted at all times by the host. Failure to follow correct sign-in policy will result in guest removal from campus and guest restrictions for the host. b. Current Westfield State University students must provide a valid University ID upon request of Residential Life staff member or other University official as requested and upon entering a residence hall whenever the desk is staffed. Repeated failures to present ID as requested will lead to more stringent sanctions up to and including loss of housing. c. Any guest 18 years of age and older must provide a valid picture identification upon request of a University staff member and a document indicating date of birth (these may be the same document). Failure to provide valid identification will result in immediate guest removal. d. Any guest who is under 18 years of age must provide a valid ID and a document indicating date of birth (these may be the same document) and an emergency phone number as well as written authorization for the visit from a parent or guardian. Except for

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specially approved programs or circumstances, no guest under 16 years of age will be permitted to be signed into a residence hall without the presence of their parent or guardian. University staff members may call to confirm authorization for a visit. Underage guests who violate University policies will be required to leave and face parental notification. e. A resident may sign in up to two guests at any one time. f. At any time, each traditional room or apartment is limited to a maximum of three (3) times the number of residents present.

6. Commuters are welcome to visit the residence halls under these guidelines.

7. Guest policies may be changed at specially designated times such as Spring Weekend and others as identified by the Vice President, Student Affairs.

H. KEYS AND RESIDENCE HALL ACCESS

1. Residence hall access keys and cards belong to the University and are assigned to residents for their personal use only. You are responsible for carrying your assigned keys and ID card at all times. Keys and ID cards are not to be loaned to anyone for any reason.

2. Lost keys - Report to your RD immediately so a lock change can be done. Students will be charged for a lock change for any keys that are lost or not returned.

3. Lockouts - Call Public Safety (x5262). The lockout service charge is $15.

4. Unauthorized possession or use of a University key or ID not officially issued to you, duplication of any University key or ID, or loaning of a University key or ID issued to you or any other person is a major offense and will result in suspension from housing or the University.

I. OCCUPANCY ISSUES

1. Eligibility - Full-time (at least 12 credits) Westfield State University undergraduate Day students have first priority for on-campus housing.

Bills must be paid in full.

2. Commuter students who go on exchange shall be commuter students when they return. Commuters may request on-campus housing at any time and are accommodated as space permits.

3. The Residential License Agreement (RLA) applies to both the fall and spring semesters; it sets forth the terms and conditions for living in the residence halls. It explains room assignment, billing, withdrawal and

refund procedures, lists policies and outlines meal plan information. A signed Agreement is required of all residents; a copy will be returned for your reference. Room Reservation Deposits are non-refundable.

Students who seek to leave housing before the end of the academic year are subject to a Cancellation fee.

4. Check-In/Check-Out Procedures a. Upon arrival, check in to your assigned room with a Residential Life staff member. This requires you to complete and sign a Room Inventory Form (RIF) and return it to the RA/RD. You will also receive your living area and mailbox keys. When you leave housing or change rooms/buildings, check out with an RA or RD, sign your RIF and return the keys. Failure to return your RIF within one week of check-in will result in a $50 improper check-in charge and will result in the assumption that the room was in completely satisfactory condition upon arrival. b. Failure to properly check in or out of a room will lead to a $50 fee plus applicable lock changes/key changes. c. To avoid charges, empty all drawers and closets, remove carpets, furniture, and personal belongings, and clean your room before leaving. Room cleaning fees start at $25. A per item removal charge will be assessed for large items such as carpets and furniture. d. No refund can be considered or processed until a resident has officially checked out of his/her assigned space. Any check-out done after regular business hours (Monday-Friday, 9:00a.m.-5:00 p.m.) will be processed as being effective on the next regular business day. e. Students no longer in housing who do not retrieve personal belongings within one week of departure will be charged for packing, storage and/or shipping of items. The University may also, at its option, dispose of or donate to charity any unclaimed items.

5. Room Changes a. Successful roommate relationships are an important learning component of the residential student experience and a responsibility shared by the roommates. b. Room changes requested in response to roommate conflicts are generally considered only after other options and educational processes have been explored. c. Students requesting to be re-assigned may be asked to take an active role in determining which available space is likely to be most successful for them.

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d. While individual needs weigh heavily in all decisions regarding room requests, the needs of the campus residential community-atlarge and the integrity of the room allocation process are also key considerations. e. All room changes must be approved, and scheduled with, designated Residential Life professional staff members. f. When a student moves out of a room, it is the responsibility of the remaining resident (s) to rearrange furniture and storage space to accommodate a newly assigned roommate in anticipation of his/her arrival. g. All housing sign-up and room change processes and timeliness occur at the discretion of Residential Life and are subject to change. h. Students must not reside in on-campus spaces other than the ones to which they are assigned, and for which they are issued keys. i. All room assignments are subject to change by Residential Life at any time. j. In case of serious roommate conflicts in which residents are unable to resolve the situation, Residential Life will intervene and may, at its discretion, move any or all students involved in the interest of resolving the immediate conflict and preserving an appropriate living/ learning environment. k. See also: Residential License Agreement and Terms & Conditions 6. Vacation periods and semester breaks - All residence halls are closed during official University recess periods and may not be entered at these times without prior Residential Life approval. Residents are to vacate the residence halls within 24 hours of their last final exam or by closing on the last day of finals, whichever comes first. Interim housing may be available during periods when the halls are closed. Associated fees, contract terms, and restrictions will be at the discretion of Residential Life.

7. All residents except those in the Apartment Complex, Lansdowne Place and New Hall must purchase a University meal plan. Exemptions from the meal plan will be considered for students providing legitimate medical documentation. Meal plan exemption forms may be obtained at Residential Life. Only completed forms received at Residential Life before the semester begins or within the first two weeks of classes will be considered. Be advised that the food service staff can make special accommodations for a variety of dietary needs.

8. Under-Capacity Rooms, Suites, and Apartments – The University, at its option, may choose to do any of the following regarding residents living in undercapacity rooms: 1) place a student in the empty space; 2)

have students in partially full rooms move in together; 3) allow students living in undercapacity rooms to pay a “deluxe fee” to retain the room at its current, reduced capacity for the remainder of the semester.

Students living in suites or apartments are responsible for maintaining those accommodations at full occupancy and may be required, at the University’s discretion, to consolidate within their existing apartment, move out of their apartment/suite to other on-campus accommodations or to pay an additional, prorated “deluxe fee” based on the number of vacancies. This provision is in place based on the popularity of apartments/suites and on the difficulty faced by the University in making student assignments into these type of housing.

9. Depending on the availability of housing and current waiting list procedures, there is no guarantee that a student who is suspended from housing will be able to return to campus to live after his/her suspension is complete.

10. On-campus living is a privilege, not an entitlement. Residents who demonstrate an inability to coexist with other residents in a residence hall room, section or community are subject to having their on-campus living privileges revoked for future academic years; and also face administrative reassignment and/or student conduct charges during the current academic year. Examples of such behavior include, but are not limited to: significant incidents of vandalism, threats toward or harassment of students or University employees in the residential setting, and other serious policy violations; or a persistent pattern of violating University and residence hall policies.

11. While residence hall suites and apartments may be co-ed, all bedrooms must be single-gender.

J. PERSONAL BELONGINGS

You are responsible for your belongings. Except as required by law, the University does not assume responsibility for loss of, or damage to, personal articles by fire, theft, or other causes. Residents are encouraged to acquire property insurance coverage.

K. PETS

No pets of any kind are allowed in the residence halls (except for service animals). Repeat violations will lead to sanctions up to and including loss of housing. Depending on the situation, residents will be held responsible for removing the pet; and for any costs associated with the care or removal of a pet.

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L. POSTING POLICY

1. Individuals and groups wishing to advertise events or services that may be of interest to on-campus residents should contact the Office of Residential Life for permission. The Director of Residential Life (or designee) reserves the right to refuse permission to advertise for those events or services that promote the use of alcohol or are insensitive to members of the campus community. Approved items will be then posted in the halls by the Residential Life staff in appropriate areas.

2. All posters, notices, petitions, and other publicity must be approved at the Office of Residential Life prior to residence hall posting. Approved items will then be posted in the halls by the Residential Life staff in appropriate areas. Posters may not be placed on windows, painted surfaces, or stairwells. Students/groups/organizations must be clearly identified on any postings. Items posted improperly will be discarded.

M. QUIET HOURS/CONSIDERATION HOURS

1. Campus-wide quiet hours are: Sunday - Thursday 9:00p.m. - 9:00a.m.

Friday - Saturday 11:00p.m. - 9:00a.m.

Quiet hours on weekend nights are set by the City of Westfield Noise Ordinance. All other times are “consideration hours” when students should respect the needs of others. The rights of students to study and rest take precedence over all other considerations.

2. If you have a concern about noise, first attempt to resolve the matter yourself with the student involved. If you still need assistance, contact a residence hall staff member or Public Safety.

3. The following are always violations of quiet/consideration hours: a. Use of sound equipment (stereos, amplifiers, subwoofers, musical instruments, air horns, etc.) which can reasonably be expected to inhibit residents’ study or sleep; b. Participation in sports activities in or near the residence halls; c. Shouting or playing stereos out of the windows; d. Disruptive gatherings in rooms, hallways, or lounges.

4. Immediately preceding and during final exams, quiet hours are in effect 24 hours a day. Quiet hours violations during this crucial period can result in removal from University housing for the remainder of the semester.

5. Repeated quiet hours violations indicate that a resident is unwilling or unable to respect the needs of others. Such situations negatively affect the educational environment and shall result in a written warning, probation, administrative room reassignment, or loss of housing for repeat violations. In addition, students may be required to remove equipment when its use has been disruptive to the environment.

N. SAFETY AND SECURITY

1. To maintain a safe environment, all residence hall exterior doors, except for the main entrance, are locked and alarmed at all times; residence hall access must be through the main entrance. The main entrance door is locked and can be opened with your University ID card provided to you. Exterior doors should never be propped open; violators will be subject to sanctions. Public Safety, Residential Life and other staff members provide coverage for each hall as assigned. For the protection of the community, students are expected to present their valid University ID upon entering a residence hall whenever the desk is staffed or as requested.

2. Sports - Due to potential danger to people and property, athletic activities are prohibited inside or within 25 feet of a residence hall (includes courtyards and parking lots).

3. Weapons – Possession, storage, or use of any weapon or other similar potentially dangerous or illegal device is prohibited on the University campus. Having a weapon or similar potentially dangerous devices in the residence halls, regardless of whether or not the weapon is considered by the owner to be a decorative toy, sporting, or collectible item, is a major offense.

4. Windows/screens - For safety reasons, dropping/throwing objects from windows, leaning out of windows, entering or exiting a hall through a window, and placing yourself or property outside a window, on a window sill or building ledge are prohibited. Screens must remain in place at all times or a $50 screen replacement service charge will be assessed.

5. Students who create a significant health and safety hazard in or near a residence hall, either intentionally or through negligence, demonstrate a lack of appropriate concern for the well being of other residents and face sanctions up to and including loss of housing.

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O. SMOKING (See Section E of Alcohol and other Drug Policy for complete smoking prohibitions.)

1. Smoking and/or the use of tobacco products will not be permitted on any University property or University leased property including buildings, grounds, walkways, parking lots, wooded areas and all other property owned or operated by the University.

P. SOLICITATION

Commercial activities, solicitations or advertisements are prohibited in or near University residence halls.

REVIEW

Policy changes: Changes or updates in Residential Life policies and procedures shall be implemented after written communication from the Director of Residential Life or the Vice President, Student Affairs. Hall Councils may also choose to strengthen a policy by majority vote of the Council and approval by the Director of Residential Life but may not weaken or change its intent. All policies shall be reviewed annually by the Vice President, Student Affairs and any changes must be approved by the University President.

AFFIRMATIVE ACTION In 1838, Horace Mann founded Westfield State as the first public higher education institution without barrier to race, gender or economic class.

During the post-Civil war period, Westfield became known for educating freed African-Americans. Today we continue to honor our history by recruiting students, faculty and staff whose range of lifestyles, cultures, talents and global perspectives enrich Westfield’s academic and community life.

Westfield State University and the Office of Human Resources/Affirmative Action is committed to affording all students access to all of the educational opportunities available regardless of race, creed, color, gender, age, marital status, sexual orientation, national origin, religion, veteran status, and physical disability.

Westfield State further prohibits acts of sexual harassment, and is committed to a living and learning environment that is free from all forms of sexually abusive, harassing, or coercive conduct.

The University’s policy of non-discrimination incorporates, by reference, the requirements of Federal Executive Orders 11246 and 11375 as amended; the Civil Rights Act of 1964 as amended; the Civil Rights Restoration Act of 1988; the Civil Rights Act of 1991; Title IX of the Education Act of 1972; Section 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; Section 402 of the Vietnam era Veterans Readjustment Act of 1974, and pertinent laws, regulations and executive directives of the Commonwealth of Massachusetts, including regulatory procedures set forth under Chapter 820 of the Acts of 1973, and other applicable state and federal statutes.

Students are encouraged to contact the Office of Human Resources/ Affirmative Action, an administrator, or faculty member with whom they feel comfortable to discuss issues of discrimination or harassment. Often, students are uncertain whether what they have witnessed or been subjected to is a violation of University policy or state/federal regulation. In these instances or whenever a member of the University community feels that they have been harassed or discriminated against please notify and seek advice from the Assistant Vice President, Human Resources/Affirmative Action.

For complaints of discrimination or harassment or accessibility to facilities: Assistant Vice President, Human Resources/Affirmative Action, Mr. Rafael Bonés, Horace Mann Center, Room 202, 413-572-8106. E-mail: rbones@ westfield.ma.edu.

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DISCRIMINATORY HARASSMENT POLICY – NUMBER 2160 PURPOSE

It is the goal of Westfield State University to promote a campus that is free of Discriminatory Harassment on the basis of gender, race, color, disability, religion, creed, age, sexual orientation, gender identity, genetic information, national origin, and marital or veteran status.

POLICY

Discriminatory harassment of faculty, staff and students occurring in the classroom/learning environment or in other University settings is unlawful and will not be tolerated by the Commonwealth. Further, any retaliation against any individual for cooperating with an investigation of a discriminatory harassment complaint is similarly unlawful and will not be tolerated. To achieve our goal of providing a University environment free of discriminatory harassment, the conduct that is described in the policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by faculty, staff and students. Because Westfield State University takes allegations of discriminatory harassment seriously, we will respond promptly, in accordance with the Massachusetts State Colleges Affirmation Action/Equal Opportunity/ Diversity Plan to complaints of discriminatory harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Please note that while this policy sets forth our goals of promoting a University environment that is free of discriminatory harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for work-place and classroom conduct which we deem unacceptable, regardless of whether that conduct satisfies the discriminatory harassment.

DEFINITION OF DISCRIMINATORY HARASSMENT

“Discriminatory Harassment” is a form of unlawful discrimination including verbal and/or physical conduct based on legally protected characteristics and/ or membership in a protected class that: a. Has the purpose or effect of creating an objectively intimidating, hostile or offensive work or educational environment; or b. Has the purpose or effect of unreasonably interfering with an individual’s work or learning performance; or

c. Otherwise unreasonably adversely affects an individual’s employment or educational opportunities.

For purposes of this Policy, speech or other expression constitutes harassment by personal vilification if it: a. Is intended to insult or stigmatize an individual or a small number of individuals on the basis of their gender, race, color, disability, religion, creed, age, sexual orientation, gender identity, genetic information, national origin, marital or veteran status; and b. Is addressed directly to the individual or individuals whom it insults or stigmatizes; and c. Makes use of insulting or “fighting” words or non-verbal symbols.

In the context of discriminatory harassment by personal vilification, insulting or “fighting” words or non-verbal symbols are those that, by their very utterance, tend to incite to an immediate breach of peace, and that are commonly understood to convey direct and visceral hatred or contempt for human beings on the basis of their gender, race, national origin, color, disability, religion, creed, age, sexual orientation, gender identity, genetic information, marital or veteran status.

For purposes of this Policy, conduct constitutes hostile environment harassment when it: a. Is targeted against an individual (s) on the basis of his or her membership in a protected class; and b. Is not welcomed by the individual (s); and c. Is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive.

COMPLAINTS OF DISCRIMINATORY HARASSMENT

If any Westfield State University faculty, staff and student believe that they have been subjected to Discriminatory Harassment, you have the right to file a complaint. This may be done in writing or orally.

If you would like to file a complaint, you may do so by contacting the Office of Human Resources/Affirmative Action. They are available to discuss any concerns you may have and to provide information to you about the University’s policy on discriminatory harassment and the University’s complaint system. The procedures for reporting discriminatory harassment can be

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located on the Affirmative Action website at www.westfield.ma.edu/officesservices/affirmative-action-equal-opportunity-office/. The University Title IX Coordinator is: Mr. Rafael BonĂŠs, 572-8106

Ms. Evie Soucie, 572-5637

AFFIRMATIVE ACTION/EQUAL OPPORTUNITY POLICIES

The following is a list of university policies that are available at: www.westfield.ma.edu/offices-services/affirmative-action-equal-opportunityoffice/

Title Policy No. Affirmative Action/Equal Opportunity/Diversity Advisory Committee ...................................2030 Affirmative Action/Equal Opportunity/Diversity Plan Complaints Against the University President ......................................................................2150 Affirmative Action Hiring Procedures ..................................................................................2010 Affirmative Action Plan: Policy Awareness Procedures ........................................................2130 Age Discrimination ............................................................................................................2040 Discrimination Based on Race, Religion, National or Ethnic Origin ....................................2060 Discrimination Based on Gender & Sexual Orientation ......................................................2080 Discrimination Complaint Procedure .................................................................................2070 Discriminatory Harassment ...............................................................................................2160 HIV/AIDS ..........................................................................................................................2110 Non-Discrimination & Accommodation for Persons with Disabilities...................................2090 Racism .............................................................................................................................2120 Sexual Harassment ...........................................................................................................2100 RETALIATORY ACTION PROHIBITED The University prohibits retaliatory action against persons who file claims, complaints or charges under these procedures, under applicable local, state or federal nondiscrimination statutes, who are suspected of having filed such claims, complaints or charges, who have assisted or participated in an investigation or resolution of such claims, complaints or charges, or who have protested practices alleged to be violative of the nondiscrimination policy of the University, the Board of Higher Education, or local, state or federal nondiscrimination regulation or statute. Such retaliation is cognizable under these procedures as well as under state and federal law. Retaliation, even in

the absence of provable discrimination in the original complaint, charge or allegation, constitutes a violation as serious as proved discrimination under the original claim, complaint, charge or allegation. Any person who believes s/he has been retaliated against in this manner is encouraged to immediately file a claim or complaint under these procedures.

OTHER ADMINISTRATIVE OPTIONS It is the intent of the administration of the University to actively respond to all claims/complaints of discrimination with the hope that it can fully, quickly, and adequately resolve them internally. The University also recognizes the right of all complainants to file charges of unlawful discrimination with the appropriate federal, state or local agency with or without first pursuing a resolution of the claim/complaint through the University’s discrimination complaint procedures. These agencies include: Massachusetts Commission Against Discrimination 436 Dwight Street Springfield, MA 01103 Massachusetts Commission Against Discrimination One Ashburton Place Boston, MA 02108 U.S. Equal Employment Opportunity Commission One Congress Street, 10th Floor Boston, MA 02114 United States Office of Education/Office for Civil Rights McCormack Post Office and Court House Building Room 222 Boston, MA 02109

REVIEW

This document will be reviewed annually by the Office of Human Resources/ Affirmative Action.

STUDENT HANDBOOK

STUDENT RECORDS AND PRIVACY REGULATIONS

(Based on and, in part, taken from the Family Educational Rights and Privacy Act) The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, affords students certain rights with respect to their education records; 1) the right to inspect and review education records, 2) the right to request the amendment of an education record, 3) the right to provide written consent before the University discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and 4) the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The following policy outlines in more detail students’ rights and the Westfield State University procedures available to students in securing those rights under FERPA.

A. TO WHOM DO THESE REGULATIONS APPLY?

1. These regulations apply to students presently enrolled, former students, and alumni, but not to applicants currently seeking or having been denied admission to the institution.

2. These regulations are published annually in the Student Handbook.

B. TO WHAT RECORDS DO THESE REGULATIONS APPLY?

1. These regulations apply to “education records” originating from the institution or from educational institutions defined as “records, files, documents, and other materials which...contain information directly related to a student” and “are maintained by an educational agency or institution.”

2. Broadly defined and outlined on the following page is a description of the types of records maintained by the institution and the designated custodian of each type of record:

Type of Record

Custodian of Record

Academic, Undergraduate Academic, Graduate Admissions, Graduate Admissions, Undergraduate Athletics Disciplinary Student Accounts Financial Financial Aid Career Services Veterans and Military Services Education (Student Teaching) Personal Residential Life

Registrar/Dean, DGCE Dean, DGCE Dean, DGCE Vice President, Enrollment Management /Dean, DGCE Director of Athletics Dean, Student Affairs Director of Student Accounts Vice President, Finance Director of Financial Aid Director of Career Services Dean, DGCE Dean of Education Dean, Student Affairs Director of Residential Life

3. The term “education records” does not include: a. Personal files of faculty and administrative staff personnel which are in the maker’s sole possession and not accessible or revealed to any other person except to a substitute who performs the maker’s duties for a temporary period. b. Law enforcement records of a law enforcement unit associated with an educational institution, if the unit’s personnel are not allowed access to a student’s educational records and which are kept separate from education records, are maintained for law enforcement purposes only, and are available only to law enforcement officials. c. Medical, psychiatric, or psychological records created and used only for the treatment of a student and available only to those providing the treatment provided, however, that a physician or other appropriate professional of the student’s choice may review such records. (Note: The University Notice of Privacy Practices are available through Health Services and can be reviewed on the University website at westfield.ma.edu/privacypolicy). d. Employment records of nonstudent employees of the institution which relate exclusively to said employee in his/her occupational capacity and are not available for use for any other purpose. e. Alumni records that an institution receives or creates after an individual no longer attends the institution and that do not directly relate to the individual attendance.

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4. The institution maintains records in many mediums including, but not limited to handwriting, print, tapes, microfilm, and microfiche.

C. PUBLIC/DIRECTORY INFORMATION

The institution may make public the following information about a student unless the student specifically requests in writing that his/her prior consent be obtained: “Directory Information” includes a student’s name, campus address, campus telephone listing, home address, home telephone listing, date and place of birth, school or University, major field of study, photograph, participation in officially recognized activities and sports, weight and height of member of athletic teams, dates of attendance, degrees and awards received, e-mail and enrollment status (full time or part time), and the most recent previous educational agency or institution attended by the student. Requests to suppress from public distribution the above-mentioned directory information are to be made in writing by the student and submitted to the Office of the Registrar.

Requests to suppress directory information remain in effect until the student notifies the Office of the Registrar, in writing, their decision to reverse their original request to suppress.

D. ACCESS RIGHTS OF STUDENTS

1. Parent’s Financial Records and related parental financial information shall not be released to students. Any institutional office maintaining such records shall either store such records in a file separate from records subject to review or conspicuously stamp records “CONFIDENTIAL-NOT TO BE RELEASED.” 2. Confidential evaluations and recommendations of students placed in education records prior to January 1, 1975, need not be released to students. All other education records of a particular student shall be open for inspection by that student unless access is restricted under paragraph #3 of this section.

3. A student may waive his/her right of access to evaluations and recommendations submitted on or after January 1, 1975, with regard to admission to any educational agency or institution, an application for employment, or the receipt of an honor or honorary recognition, provided however, that the student must, upon request, be notified of the name of each person who has submitted such a confidential evaluation or recommendation; such evaluations and recommendations to be used only for the purpose intended; and a waiver may not be required as a precondition of admission to the institution or receipt from the institution of financial aid or any other services or benefits.

E. DISCLOSURE OF EDUCATIONAL RECORDS

1. The University will disclose information from a student’s education records only with the written consent of the student, except: a. To teacher and school officials who have a legitimate educational interest in the records. A school official is: i. A person employed by the University in an administrative, supervisory, academic or research, or support staff position, ii. A person appointed to the Board of Trustees, or iii. A person/agency employed by or under contract to the University to perform an institutional service or function for which the University would otherwise use employees. b. A teacher or school official has a legitimate educational interest if the official is: i. Performing a task that is specified in his or her position description or by a contract agreement, ii. Performing a task related to a student’s education, iii. Performing a task related to the discipline of a student, or iv. Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid; c. To teachers and officials of another school, upon request, in which a student seeks or intends to enroll; d. To certain officials of the U. S. Department of Education, the Comptroller General, the Attorney General of the United States, and state and local educational authorities, in connection with certain state or federally supported education programs; e. In connection with a student’s request for or receipt of financial aid, as necessary, to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid; f. If required by a state law requiring disclosure that was adopted before November 19, 1974; g. To organizations or other outside researchers conducting certain studies for or on behalf of the University; h. To accrediting organizations to carry out their functions; i. To parents of an eligible student who claim the student as a dependent for income tax purposes; j. To comply with a judicial order or a lawfully issued subpoena; k. To appropriate parties in a health or safety emergency;

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l. To teachers and school officials with legitimate educational interests within this school or other schools when this information is concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community. m. In connection with public information provided to the institution concerning registered sex offenders; n. Pursuant to the Campus Security Act, Sexual Assault Bill of Rights (April 29, 1994), disclosure will be given to the accuser regarding the outcome of any disciplinary proceedings brought alleging a sex offense; o. Consistent with the Family Educational Rights and Privacy Act, the University shall notify the parent or legal guardian of students under twenty-one (21) years of age each time they have been found responsible for University alcohol and/or other drug policy violations. The University shall exercise discretion not to notify the parents/guardian based on documented evidence of an abusive family situation; and/or p. In connection with a request for information from an educational record in compliance with applicable sections of the USA Patriot Act. 2. Records released to any organization, agency, or individual shall be forwarded with notification that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the student except as provided by law.

3. Each office which maintains education records shall maintain a record of each student which shall list all individual agencies or organizations which have requested or obtained access to such student’s education record, except as provided by law.

F. PROCEDURES TO FOLLOW TO ACCESS A RECORD

1. A request by a student or agency to inspect a record shall be made in writing to the custodian of the record or to the University Records Liaison Officer.

2. If necessary, the Records Liaison Officer will contact the custodian of the education record requested.

3. The student or agency will contact the Records Liaison Officer in approximately seven (7) days from the date of request to inquire about the completion of the processing procedure. (This date must be no more than forty-five (45) days after the receipt of the request.)

4. The student or agency will contact the custodian of the education record requested to inspect his/her education record.

5. Every office is obligated to tell a student who has accessed his/her record and why, except as provided by law.

6. Every office is obligated to maintain a record of the persons or agencies who have had access to the record, except as provided by law.

7. Students are obligated to properly identify themselves (student ID) before being shown their records.

8. Students are obligated not to interfere with the operation of the office in which the record is being maintained.

9. Students are obligated to examine the record during reasonable hours at the place the record is being maintained.

10. Prior to giving a student his/her record for examination, all confidential data as outlined in Section D above will be removed.

11. The examination of the record shall be supervised.

12. The student may request and receive copies of his/her education record at a cost of $1 for first sheet and $.50 per additional page. Academic transcripts cost $2 per copy for 4-5 day processing or $5 per copy for 24-hour processing.

G. DESTRUCTION OF RECORDS

1. Only the permanent card (transcript) containing a student’s academic record will be considered a “permanent educational record” and will be retained.

2. The destruction of student education records shall be consistent with Massachusetts state law and the current Massachusetts State Records Retention Schedule. In the event that state law and the Records Retention Schedule differ, state law shall prevail.

3. Information regarding the procedures and timetable for the destruction of each specific type of education record are available through the custodian of that record.

H. CHALLENGE TO CONTENTS OF RECORD

1. After reviewing a record, a student has the right to challenge the contents of the record as being inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. A student may not challenge the correctness of a grade which has been assigned to his/her performance in a course but may challenge the accuracy of the recording of the grade.

Challenge to the contents of records can be made as follows:

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a. Upon deciding that some aspect of his/her records is inappropriate, the student shall so inform the designated person in the office where his/her records are maintained and shall attempt to resolve the problem through informal discussion with such person and the person in charge of that office. b. If no agreement is reached through informal discussions, the student may submit in writing to the Vice President of the division responsible for the record, a request for a hearing, in order to challenge the contents of the record. c. The hearing date will be scheduled within two (2) weeks (fourteen days) of the receipt of challenge request. All parties (student, custodian, author) will be notified. (Student may be accompanied by counsel of his/her choice.) d. All parties to the hearing will be requested to be present (student, custodian, author). e. The hearing will be conducted by the Vice President of the division responsible for the record with all parties given the opportunity to present evidence and to ask questions of each other. The hearing officer (the Vice President of the division responsible for the record or his/her designee) may ask questions of each party and request any information not provided. The hearing will be audio taped. f. The decision of the hearing officer will be communicated to all parties in writing within two (2) weeks (fourteen days) after the hearing. g. The decision of the hearing officer may be appealed in writing to the President of the University within two (2) weeks (fourteen days) of notice of the decision by any of the parties. The tape will be made available in a supervised setting to the individual appealing the decision. h. The President will review the tape of the hearing, all written material presented, and any additional written material similarly made available to all parties. i. The decision of the President regarding the appeal will be communicated to all the parties in writing within two (2) weeks (fourteen days) of receipt of the written appeal. j. If the decision of the President does not result in an alteration of the education record as requested by the student, the student has the right to place with the education record a statement outlining their concern with the information contained in the education record and/ or their reasons for disagreeing with the outcomes of the hearing

and appeal. This statement shall remain a part of the record as long as that record is maintained by the intuition and shall always be released with the record to an authorized party.

I. SPECIAL NOTE If you have any questions about the Family Education Rights and Privacy Act, or if you have problems in securing your rights under this Act, you may call (202) 732-2057 or write to: Family Policy and Regulations Office, Department of Education, 400 Maryland Avenue, S.W., Room 1087, Washington, DC 20202-4605. The contact persons for inquiries regarding FERPA or the University’s Student Records and Privacy Regulations are Susan J. LaMontagne, Dean of Student Affairs, 572-5421 and John Ohotnicky, Registrar, 572-5218.

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THE FEDERAL DRUG FREE SCHOOLS AND COMMUNITIES ACT (Amendment of 1989) PURPOSE The use of illicit drugs and alcohol at Westfield State University, on University property, or at University activities impairs the safety and health of students and employees, inhibits the personal growth of students, lowers the productivity and quality of work performed by employees and undermines the public’s confidence in the University. Only in an environment free of substance abuse can Westfield State University fulfill its mission of developing the professional, social, cultural, and intellectual potential of each member of this community.

The Federal Drug Free Schools and Communities Act Amendments of 1989 require that, “as a condition of receiving funds or any form of financial assistance under any Federal program, an institution of Higher Education... must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs or alcohol by students and employees.”

The information that follows outlines the standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on University property or as any part of University activities, and describes the applicable legal sanctions, associated health risks and support programs and services available to employees and students.

All members of this community - faculty, staff, and students - are urged to carefully and seriously reflect on their personal responsibility to remain drug free, and further, to demonstrate care and concern for others through timely intervention, support, and referral.

ALCOHOL A. HEALTH RISKS

1. Drinking in moderation appears to do the body no permanent harm according to some experts. But taken in large doses over a long period of time, alcohol can be mentally and physically destructive, reducing a person’s life span by 10 to 12 years. Alcohol abuse may result in: heart, brain, liver, and other organ damage, malnutrition, high susceptibility to infectious diseases, permanent damage to the nervous system, deterioration of memory, judgment and learning ability, and inability to grasp reality. Excessive drinking is also involved in a major portion of highway accidents and fatalities, domestic abuse, assaults, suicides, homicides, and economic drain.

2. Alcohol is a depressant that affects the central nervous system.

Alcohol depresses brain functions proportionate to one’s Blood Alcohol Concentration (BAC). It is absorbed directly into the bloodstream from the stomach and intestines and it reaches the brain quickly, slowing down the parts that control thinking and emotion. This causes one to feel less inhibited, looser. In larger doses it dulls sensations and impairs muscle coordination, memory and judgment. Alcohol is a drug for which the potential exists for a person to become physically and/or psychologically addicted.

B. BLOOD ALCOHOL CONCENTRATION

Blood Alcohol Concentration (BAC) refers to the amount of alcohol in an individual’s bloodstream. A person’s size, gender, weight, fat content, and amount of food in the stomach will effect the absorption of alcohol in the bloodstream. The predominant factor in absorption is the metabolism of alcohol by the liver. When alcohol enters the bloodstream, 95% is metabolized by the liver and 5% is excreted in breath, sweat, and urine. The liver takes about one hour per drink to clear the body of alcohol.

Remember just one drink can impair your skills and judgment. It is risky to operate any machinery or engage in any activity that requires concentration and alertness after drinking any amount of alcohol. One drink is 1 1/4 oz. of 80 proof liquor, 12 oz. of beer, or 4 oz. of wine. The following chart can help you estimate Blood Alcohol Concentration.

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BAC # of Drinks Behavior .02% under 1 drink LEGALLY INTOXICATED IN MAS-SACHUSETTS (Under 21 years of age old) .03% 1 drink • No overt effects

• Slight feeling of muscle relaxation

• Slight mood elevation

• Under 21 drivers may have license suspended

• Usually a feeling of well-being

• Feeling of muscle relaxation

• Judgment impaired

• Coordination & level of alertness lowered

• Slight decrease in reaction time

• Increased risk of collision while driving .05% 1-2 drinks .08% 2-4 drinks • LEGALLY INTOXICATED IN MAS-SACHUSETTS (Over 21 years old) .10% 3-5 drinks • Coordination & balance becoming difficult

• Reaction time significantly slowed

• Muscle control and speech impaired

• Limited night vision & side vision

• Loss of self-control

• Crash risk greatly increased .14-.15% 5-7 drinks • Major impairment of mental & physical control

• Slurred speech, blurred vision

• Lack of motor skills

• Consistent and major decrease in reaction time .20% 7-10 drinks • Loss of equilibrium & technical skills

• Must have assistance in moving about

• Mental confusion

• Double vision & legal blindness 20/200

• Unfit to drive for up to 10 hours .25-.30% 10-14 drinks • Staggering & severe motor disturb-ances

• Severe intoxication

• Not aware of surroundings

• Minimum conscious control of mind and body .40% 10-14 drinks • Unconsciousness- threshold of coma

• Lethal dosage for 50% of individuals .50% 14-20 drinks • Deep coma .60% 18-20 drinks • Death from respiratory failure

C. LOCAL LAWS

1. The City of Westfield prohibits the consumption by anyone of alcohol on any playground, park, school, sidewalk, way, or any other city property and also prohibits the possession of alcohol by anyone under 21 years old in these same places. (Sections 10-23 and 10-24 City of Westfield Ordinances).

2. The City of Westfield also prohibits urination in public places and places visible to the public or where public has access. (§10-25 City of Westfield Ordinances).

3. A fine of up to $300 may be imposed for violations of any of these ordinances. (§1-9 City of Westfield Ordinances).

D. DRIVING UNDER THE INFLUENCE (of alcohol, marijuana, narcotics, depressants, stimulants or glue vapors) in Massachusetts—see chart on following page:

Breathalyzer Test and License Suspension† Situation

License Suspension

Over 18 yeas old and refuses test; 18-21 years old and blows a .02 or fails to complete a prescribed treatment program

180 days to Life

Under 18 years old and refuses test or consents to test and blows a .02 or fails to complete a prescribed treatment program; or is over 21 years old with a previous conviction and refuses test

3 years

Over 21 years old with 2 or more previous convictions and refuses test

5 years

†Information obtained from M.G.L.A. c.90 §24, 24P. †Massachusetts law provides that by driving on a public road, a driver has implicitly consented to a chemical analysis of their breath or blood, which is why you can be penalized for refusing the test without ever being convicted of drunk driving.

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Conviction† Conviction First Offense

Second Offense

Third Offense

Fourth Offense

Fifth Offense

Penalty Fine:

$500-$5,000

Incarceration:

Maximum 2.5 years

License Suspension:

90 days-1 year (Under 18, 180 days)

Fine:

$600-$10,000

Incarceration:

Minimum 30 days; up to 2.5 years

License Suspension:

1 year-2 years (Under 18, 1 year)

Fine:

$1,000-$15,000

Incarceration:

Minimum 150 days; up to 5 years

License Suspension:

2-8 years

Fine:

$1,500-$25,000

Incarceration:

Minimum 1 year; up to 5 years

License Suspension:

5-10 years

Fine:

$2,000-$50,000

Incarceration:

Minimum 2 years; up to 5 years

License Suspension:

Life

1. In addition to the above penalties for a conviction, one who is convicted, placed on probation, or is granted a continuance without a finding or otherwise pleads guilty to facts sufficient to convict for driving under the influence may also be assessed up to a $250 fee and a mandatory $50 fee. M.G.L.A. c.90 §24.

2. Once convicted you may also be ordered to participate in a driver education program, drug treatment program, drug rehabilitation program, or any combination of the three. Costs for these programs may also be your responsibility. M.G.L.A. c.90 §24.

3. After being convicted of a DUI you will be required to install and maintain an “ignition interlock device” on any vehicle you drive for

a duration of two years after you regain any privilege to drive. Your privilege to drive can be revoked through an administrative Registry hearing up to life if you: disconnect the device; fail to maintain it or have it inspected or monitored; or if the device records a BAC above .02. M.G.L.A. c. 90 § 24 1/2.

4. If you let someone drive a vehicle under your control that is not equipped with an ignition interlock device and you know that such person has an ignition interlock device restricted license, you will be subject to one year in jail and/or a fine of up to $500 for a first offense; up to 2 1/2 years in jail and/or a fine of up to $1,000 for a second offense. In addition, the Registrar of Motor Vehicles may suspend your vehicle registration or driver’s license for up to one year for a first or second offense. M.G.L.A. c. 90 §12.

5. Tampering with an ignition interlock device can draw a jail sentence of six months to five years. M.G.L.A. c. 90 Section 24T. Breathing into an ignition interlock device for a person whose license is so restricted for the purpose of providing that person with an operable motor vehicle will be punished by a fine of $1,000 to $5,000 or by a jail sentence of 6 months to five years. M.G.L.A. c. 90 §24U. 6. If your license has been suspended or revoked because of a DUI and you are convicted of operating a motor vehicle while your license has been suspended or revoked, you will be subject to a fine of $2,500-$10,000 and a mandatory jail term of at least one year and up to 2 1/2 years (no early release for good time served, furlough, probation or parole until at least one full year has been served). If charged with this offense, a court is not free to reduce these penalties or to continue your case without a finding. M.G.L.A. c. 90 §23.

E. OTHER MASSACHUSETTS LAWS PERTAINING TO ALCOHOL

1. Providing alcohol to persons under 21 years old is punishable by a fine of $2,000, up to one year in prison, or both. (M.G.L.A. c. 138 §34) 2. Persons Under 21 years old who purchase, attempt to purchase alcohol, make arrangements with another to purchase or procure alcohol, misrepresents his age, alters or falsifies his ID with intent to purchase alcohol shall be punished by a fine of $300. A conviction of this crime will result in a driver’s license suspension of 180 days. (M.G.L.A. c.138 §34A) 3. Persons in licensed alcohol establishments, upon request by an official, must state your correct name, age, and address or may be fined up to $500.

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Persons making, carrying, using, or selling altered or forged identification, using the legitimate ID of another or furnishing false information to obtain such identification may be punished by a fine of $200 or incarceration for up to three months. (M.G.L.A. c. 138 §34B). Alternatively, if the Registrar of Motor Vehicles merely has “reasonable belief” that someone has violated any of the above; your license can be suspended for up to six months.

4. Whoever alters, forges, or steals a driver’s license shall be punished by a fine of up to $500 or by incarceration of up to five years. A conviction of this crime will result in a license suspension of one year. A more likely scenario is that your case will be referred to the Registry of Motor Vehicles for an administrative hearing at which your license can be suspended for up to six months if the hearing officer reasonably believes you are responsible. (M.G.L.A. c. 90 §24B) 5. Any person under 21 years of age who knowingly possesses, carries, or transports alcohol shall be punished by a fine of $50 for a first offense and $150 for any subsequent offense. A conviction of this crime will result in a driver’s license suspension of 90 days. (M.G.L.A. c. 138 §34C) 6. Whoever knowingly transports more than a personal limit of 20 gallons of malt beverages, or 3 gallons of any other alcoholic beverage, or 1 gallon of alcohol or its equivalent shall be punished by a fine of up to $2,500, or up to 6 months incarceration or both. (M.G.L.A. c. 138 §22) 7. Whoever possesses an open container of alcohol in the passenger area of any motor vehicle shall be fined $100 to $500. (M.G.L.A. c. 90 §241)

OTHER DRUGS A. HEALTH RISKS

1. Tobacco - Tobacco is smoked primarily in the form of cigarettes, cigars, and in pipes, but it is also popular as “chew” or “chaw” (loose tobacco placed in the mouth). Despite health warnings, 55 million Americans smoke, 22 million use chewing tobacco and 350,000 Americans die each year from diseases related to tobacco use. Nicotine, the addictive ingredient in tobacco, stimulates the central nervous system and is physically and psychologically addictive. Nicotine irritates lung tissue and increases blood pressure. One in six deaths in the United States is smoking related. The most common cause of cancer deaths is cigarette smoking. Smoking is the major cause of chronic bronchitis and emphysema and also causes pneumonia, heart disease, blood vessel disease, and stomach ulcers.

2. Marijuana - Marijuana is a drug derived from the cannabis plant.

Marijuana is primarily used by smoking the dried leaves of the plant.

The high derived from smoking marijuana comes from tetrahydrocannabinol (THC) contained in the plant. The user experiences euphoria, a sense of time passing slowly and distorted perceptions. Other experiences include confusion, disorientation, anxiety, and paranoia.

Marijuana is psychologically addictive, contains four times as much cancer causing tar as one cigarette and is four to twenty times stronger than the marijuana from the 1960’s. Marijuana contains 426 known chemicals in its smoke and has been linked to lung disease, cancer, genetic damage, lowered immunity, and impaired physical and psychological development.

3. Prescription Drugs - Legal, easily obtainable, prescription drugs are often the first abused drugs. Valium and Librium are the most commonly abused prescription drugs. Tranquilizers and sedatives are both depressants that dull the central nervous system. Even in small amounts, these drugs slow reaction time, decrease eye-hand coordination and interfere with judgment. Alcohol greatly increases the effects and can cause a potentially dangerous overdose.

4. Steroids - Steroids are used by some athletes to increase their body’s performance. Although performance is temporarily increased, the side effects are very harmful to the body. Long-term effects include heart, liver, and kidney trouble, high blood pressure, diabetes, poor healing after an injury, muscle and tendon tears, and psychological problems with aggression and depression. Short-term effects include impotence, balding, acne, psychological problems, and decreased hormones.

Steroids may temporarily enlarge the body muscle, but without constant use and exercise, the muscles will decrease quickly.

5. Hallucinogens - Hallucinogens are a class of drugs that produce profound psychoactive effects, including profound alterations in sensation, mood and consciousness that may involve senses of hearing, touch, smell or taste, as well as visual experiences that depart from reality. Some hallucinogens include LSD, mescaline, mushrooms, PCP, and MDMA (Ecstasy). Some hallucinogens possess amphetamine or cocaine-like qualities and in addition to hallucinations, produce stimulant effects on the body. These hallucinogens can produce psychological problems that include confusion, depression, sleep problems, drug craving, severe anxiety, and paranoia. Psychotic episodes have been reported. Increased heart rate, blood pressure, muscle tension,

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involuntary teeth clenching, nausea, blurred vision, rapid eye movement, sweating, and chills are some of the physical effects. The long-term effects of hallucinogens tend to be unpredictable. Users of hallucinogens build tolerance requiring that they take more of the drug to achieve the same effects. Some of the hallucinogens have been known to induce long-term or permanent psychosis. Risk of accidental injury or death is greatly increased with hallucinogen use.

6. Cocaine - Cocaine, a stimulant to the central nervous system, is a very addictive drug that has increased in use in the United States.

The odorless, white powder from the coca plant comes in various forms. One of the most popular is crack, a cheaper form of the drug.

Cocaine creates a high in the user, which causes alertness, excitement, talkativeness, overconfidence, and a lessened need for sleep. After the high, the “crash� occurs including depression, restlessness, anxiety, and impaired concentration. Repeated use of cocaine will lead to addiction and other complications, which may include heart failure, family, and financial problems.

B. MASSACHUSETTS DRUG LAWS

1. A person who knowingly causes, induces, or abets a person under the age of eighteen to distribute or dispense any controlled substance or to accept, deliver, or possess money used or intended for procurement, manufacture, distribution...of any controlled substance shall be punished by five (5) to fifteen (15) years in state prison and a fine of $1,000 to $100,000. Minimum five (5) years imprisonment is mandatory. (Refer to chapter 94C, section 32K of Massachusetts General Law.). Trafficking and sale to minors carry much stiffer penalties in terms of imprisonment and fines (Massachusetts General Law, chapter 94C, section 32E & F).

2. The penalties for possession of the substances outlined in Massachusetts General Law, chapter 94C, section 34 are punishable by one (1) year or less of imprisonment or by a fine of not more than $1,000 or both. Possession of heroin is punishable by two (2) years or less in a house of correction or by a fine of not more than $2,000 or both for

the first offense. Possession of marijuana or a Class E substance is punish-able by not more than six (6) months in a house of correction or a $500 fine or both. Possession of all other controlled substances is punishable by up to one year incarceration or a fine of $1,000 or both.

M.G.L.A. c.94C Section 34.

3. The following chart outlines the first offense state penalties for possession with intent to manufacture, sell, dispense, or distribute a controlled substance: rug Class* D Penalty A Imprisonment in state prison for not more than ten (10) years or in a house of correction for not more than two and one half (2 1/2) years or a fine of $1,000 - $10,000 or both.

B Same as Class A

C Imprisonment in state prison for not more than five (5) years or in a house of correction for not more than two and one half (2 1/2) years or a fine of $500 - $5,000 or both.

D Imprisonment in a house of correction for not more than two (2) years or a fine of $500 - $5,000 or both.

E Imprisonment in a house of correction for not more than nine (9) months or a fine of $250 - $2,500 or both. *(Refer to M.G.L. chapter 94C, section 31 for a description of drug classes.)

4. Possession of less than one ounce of marijuana is now punishable in Massachusetts by a civil fine rather than a criminal penalty. Cities and towns may impose additional penalties for the public consumption of marijuana or THC. M.G.L.A. c. 94C Section 32L. Those under 18 years of age when cited for possession of less than one ounce of marijuana must also complete a drug awareness program. M.G.L.A. c. 94C Section 32M.

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C. FEDERAL DRUG LAWS

1. Federal penalties for possession with intent to manufacture, sell, dispense, or distribute a controlled substance including heroin, cocaine, PCP, LSD, Fentanyl, marijuana (in useable form or actual plants), methamphetamine are (see chart on following page):

FIRST OFFENSE Lower Amount* 5-40 Years

Greater Amount* 10 years to life

SECOND OFFENSE Lower Amount* 10 years to life

Greater Amount* 20 years to life

If death or serious injury If death or serious injury If death or serious injury If death or serious injury occur: 20 years to life occur: 20 years to life occur: Not less than life occur: Not less than life FINE: Individual – not more than $5 million Other than individual– not more than $25 million

FINE: Individual – not more than $8 million Other than individual – not more than $50 million

FINE: Individual – not more than $10 million Other than individual– not more than $50 million

FINE: Individual – not more than $20 million Other than individual – not more than $75 million

*Amounts vary by specific drug. See 21 U.S.C. §841 for exact amounts for each drug and full listing of drugs included in this statute. Penalties for attempt or conspiracy to traffic or manufacture are the same as above: See 21 U.S.C. §846.2.

2. Anyone who is eighteen years old or older who distributes to anyone who is under twenty-one years old is subject to two times the first offense penalties listed above for a first offense; subject to three times the first offense penalties listed above for second or subsequent offenses.

See 21 U.S.C. §859.

3. Anyone who manufactures or distributes within 1,000 feet of a school, University, playground or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility will be subject to two times the first offense penalties listed above for a first offense; subject to three times the first offense penalties listed above for a second or subsequent offense. 21 U.S.C. §860.

4. Employing children to distribute near schools or playgrounds is subject to three times the first offense penalties listed above. See 21 U.S.C. §860.

5. Anyone found in simple possession will be subject to up to one year incarceration and $1,000 fine for a first offense; up to two years incar-

ceration and $2,500 fine for a second offense; and up to three years incarceration and $5,000 fine for a third or subsequent offense. See 21 U.S.C. ยง844.

6. It is unlawful to open, rent, lease, use, maintain, manage, or own a place, whether temporarily or permanently, for the purpose of manufacturing, distributing or using controlled substances. Penalties for violation of this law are up to 20 years incarceration or a fine of up to $500,000 or both; a fine of up to $2,000,000 for a company, corporation, etc. One who violates this law may also be subject to civil penalties limited to the greater of $250,000 or two times the gross receipts. See 21 U.S.C. ยง856.

7. Anyone who knowingly or intentionally sells date rape drugs (GHB, Ketamine, etc.) over the internet for an illegal sexual purpose shall be fined, imprisoned up to 20 years or both. 21 U.S.C. ยง841.

8. Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, will result from a conviction of possession of a controlled substance. Penalties: up to one year denial for first offense, up to five years denial for second and subsequent offenses. 21 U.S.C. ยง862.

SANCTIONS A. STUDENT DRUG AND ALCOHOL POLICY SANCTIONS

Please refer to the Alcohol and Other Drug Policy for information regarding sanctions.

RESOURCES A. On Campus Resources:

1. Counseling Center, Lammers Annex.

Brian Cahillane, Substance Abuse Specialist, (413) 572-5790 2. Any member of the Residential Life Staff, (413) 572-5402 3. Any member of the Student Affairs Staff, (413) 572-5400

B. Off Campus Resources:

1. AdCare Hospital Outpatient Services 117 Park Ave., W. Springfield, MA 01089 413-209-3124 2. Drug and Alcohol Hotline 1-800-222-0828

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3. Alcoholics Anonymous Hotline 413-532-2111 4. Alanon: Alateen of Greater Springfield Springfield, MA, 782-3406 If your health insurance provides mental health/substance abuse services, you may also call your insurer for an appropriate provider.

1. The Horace Mann Center* Administration & Finance Admission Office Advancement and College Relations Alumni Office College for Kids Community Education Computer Labs Criminal Justice Department Development Office Enrollment Management Equal Opportunity Event Management Financial Aid Graduate & Continuing Education Garden Cafe Human Resources Office Marketing Office Media Relations Multicultural Affairs President’s Office Purchasing Office Student Accounts 2. The Woodward Center* Alumni Field* Astroturf, Baseball Diamond, Track and Field House

Athletic Storage Building/ Concessions and Rest Rooms Athletics Department Movement Science, Sport and Leisure Studies Department 3. Bates Hall* Bates Computer Lab English Department Geographic Information Systems Technology Lab (GIS) History Department Music Department 4. Tim & Jeanne’s Dining Commons* The Fr. John Dean Dining Hall Pandini’s The Perch The Tekoa Room 5. Ely Hall* Arno Maris Art Gallery Bookstore Campus Center Campus Center Lounge Campus Voice Newspaper Office Communication Department Commuter Affairs Cyber Cafe

Ely Library Ely Studio Theater Jazzman’s Cafe Judicial Affairs Office Macintosh Lab Student Affairs Office Student Club Offices Student Government Association Office Subway Restaurant TV Studio Veterans’ Affairs Office Wellness Center & Indoor Pool WSKB Radio Station 6. Ferst Interfaith Center** 7. Juniper Park Elementary School** Center for Teacher Education & Research 8. Maintenance/ Trades Department 9. Parenzo Hall* Academic Achievement Office Academic Advising Center/Peer Advising Academic Affairs Office Art Department Central Receiving Copy Center Dever Stage

Education Department Environmental Health & Safety Facilities and Operations Office Faculty Center for Teaching and Learning Faculty Grants & Sponsored Programs Institutional Research International Programs Office Macintosh Lab Mailroom Media and Technical Services Parenzo Gymnasium Political Science Department Reading and Writing Center Registrar Student Support Services Trio Program Supply Room Switchboard Teacher Education Council Urban Education Program Office 10. Banacos Academic Center* Tutoring Center Disability Services Learning Disabilities Program 11. Public Safety Complex* Campus Police and Parking Office

Residence Halls 12. Apartments** Conlin Hall** Seymour Hall** Welch Hall** (student apts. for upperclasspersons) 13. Dickinson Hall** 14. Courtney Hall* 15. Davis Hall** 16. New Residence Hall* Dunkin’ Donuts 17. Lammers Hall** Career Services Office Counseling Center Residence Hall 18. Scanlon Hall* Health Services Office* Residence Hall Residential Life Office Scanlon Banquet Hall* Scanlon Living Room* 19. South Parking Lot 20. Stanley Park 21. Second Congregational Church 22. Wilson Hall* Biology Department and Green House Campus Card Program Office

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Center for Instructional Technology Computer & Information Science Dept.

Economics & Management Department Environmental Science Department Geography & Regional Planning Department Information Technology Liberal Studies Program Mathematics Department Philosophy Department Physical Science Department Psychology Department Quixote’s/Wilson Grill Dining Savignano Auditoriums Wilson Computer Labs 23. Mod Hall Ethnic & Gender Studies Honors Program Nursing Sociology Social Work World Languages 24. Power Plant * Handicap Accessible ** Partially Accessible Bus Stop Campus Shuttle Bus PVTA Bus to Springfield

DIRECTORY - STUDENT AFFAIRS DEPARTMENTS Department

Location

Extension

Vice President

Ely 208

x5400

Dean of Students

Ely 208

x5421

Campus Center

Ely 131

x5648

Career Services

Lammers Annex

x5206

Counseling Services

Lammers Annex

x5790

Health Services

Scanlon/Annex

x5415

Public Safety

White House

x5262

Residential Life

Scanlon Garden Level

x5402

Student Conduct

Ely 116

x5403

Student Government

Ely Lower Level

x5429

Veteran and Military Services

Ely 116

x5446

Wellness Center

Ely Lower Level

x5500

All medical emergencies on campus should phone Public Safety directly at x5262 or 911.

NOTES _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ STUDENT HANDBOOK

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