06-07 Student Handbook

Expectations and Responsibilities
The College of St. Scholastica is dedicated to academic excellence and personal development as exemplified in the Benedictine tradition. It promotes the uniqueness of each person and recognizes an interdependence among all members of the St. Scholastica community. Each person is expected to respect this tradition, and all members of our community.

St. Scholastica expects each student to contribute to an environment in which all members of the community have the freedom to develop spiritually, intellectually, socially, emotionally, and physically.

Disciplinary action is viewed as an educational experience which takes place whenever a student’s conduct interferes with their own or others ability to attain personal and educational goals.

The College, like many educational institutions, is a living, changing thing which may not reasonably be expected to remain static. The statements of College policies in this publication do not necessarily become a term of a contract between the College and the student. The College reserves the right to modify its policies and requirements at any time. This handbook is intended only as a general reference, and not as a full statement of College procedures and policies. This handbook is not intended to be a legal contract, but is a general statement of policies, to be applied by the College in its sole discretion.

The College of St. Scholastica offers a variety of physical activities, intramural sports, student activities, camps, club activities, and intercollegiate sports. Participation in these activities is purely voluntary. By participating, the student agrees that he/she understands that his/her involvement in such activity involves the risk of injury and that such injuries may be of a minor or major character.

It is the College’s policy that students must either have their own medical insurance (personally or through a parent) or purchase insurance through the College program in an amount to adequately cover medical risks. The College may require evidence of such insurance as a condition of participating in activities, but the failure to do so does not waive or excuse the student’s failure to have insurance.

By participating in College activities, the student agrees to release the College and its agents and employees from any and all claims, demands and causes of action whatsoever in any way arising or resulting from the student’s participation in such activities, including any claims resulting from the negligence of the College, its agents or employees.

Student Rights and Responsibilities
Conscious of the rights and responsibilities for the institution to each individual and of each individual to the institution, the College Statement of Student’s Rights and Responsibilities includes the following standards regarding student’s rights. The College affirms the right of each student to:

Be free from discrimination on the basis of race, national origin, creed, religion, gender, sexual orientation, age, disability, marital status, or status with regard to public assistance.
Free inquiry, expression and assembly.
Pursue their educational goals in an environment free of academic dishonesty.
Be secure in their person, residence, papers and effects against unreasonable surveillance, searches, seizure and to be secure against harassment, exploitation, and physical or sexual assault.

The student body shall have clearly defined means of participating in the formulation and application of institutional policy affecting academic and student affairs. Students shall have the right to establish and elect a student government. The student press shall be free of censorship and advance approval of copy. Its editors may develop their own policies, but it shall be explicitly stated on the editorial page that opinions there expressed are not necessarily those of the College or of the student body.

The freedom guaranteed to all members of the St. Scholastica community does not allow any members to interfere with the personal growth of others. Each member of the College community must be cognizant of the rights of others, and each person has the responsibility to respect those rights. The institution functions on the basis of mutual responsibility to protect such rights. Students are both members of the College community and citizens of the state of Minnesota. As citizens, students are responsible to the community of which they are a part and the College neither substitutes for, nor interferes with, regular legal processes. Students are also accountable for offenses against the College community. Therefore, an action involving the student in a legal proceeding in civil or criminal court does not necessarily free the student of responsibility for his/her conduct in a College proceeding. When a student is charged in both jurisdictions, the College will decide on the basis of its interest and the interest of the student whether or not to proceed with its internal review simultaneously or to defer action.

PROSCRIBED CONDUCT

Jurisdiction
The College jurisdiction and discipline shall cover conduct which occurs on College premises, and also includes off-campus behavior which adversely affects the College community and/or the pursuit of its objectives.

Code of Conduct
The College has found that the activities listed below are disruptive of the community and violate the rights or property of other members of the community. Accordingly, these activities, whether occurring on College premises or facilities utilized in College-sponsored/or affiliated activities, are prohibited, and violations of these prohibitions will result in disciplinary action by the College and will subject students to sanctions authorized by this statement. There has been no attempt to define all variations and interpretations of these standards, nor to include every regulation. It is also recognized that within each activity a wide range of severity is possible and any of the available disciplinary sanctions may be appropriate.

A) Academic misconduct, including but not limited to cases of plagiarism and dishonest practices in connection with examinations. (see Academic Honesty Policy.)
B) Theft or other abuse of computer time including, but not limited to, unauthorized entry into a file, unauthorized use of another’s password, or use of computer facilities to interfere with the normal operation of the College computer system. Sending harassing, threatening, or unwanted e-mails to any member of the community.
C) Threatening or inflicting physical or psychological harm upon any person. This includes, but is not limited to, acquaintance rape/sexual assault or stalking.
D)  Attempt or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property.
E)Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other College activities on or off campus, or other authorized non-College activities on campus.
F)Trespassing or unauthorized entry into a building, facility, or room, including student residences.
G)  Possession or use of a pass key or making any key for a building or room of the College except as explicitly authorized in writing by the dean of students.
H)  Knowingly furnishing to a College official or office, written or oral information that is false or misleading.
I) Failure to produce either an ID card or other identification upon request, with reasonable cause, to College official or agents or the misuse of ID card.
J) Possession, consumption, or furnishing of alcoholic beverages in any form by or to anyone under the legal drinking age on College premises or at College sponsored activities. Possession or consumption of alcohol in unauthorized areas on campus. (See Alcohol Policy.)
K)   Use, possession, distribution of narcotic or other controlled substances as well as possession of paraphernalia except as expressly permitted by law.
L)Illegal or unauthorized possession of firearms, explosives, other weapons, fireworks, or dangerous chemicals on College premises.
M) Abusive or disorderly behavior on campus or at a College sponsored event.
N)  Hazing, defined as committing an act against a student, or coercing a student into committing an act which endangers the mental or physical health or safety of a person in order for the student to be initiated into or affiliated with a student group or organization.
O)   Violation of motor vehicle regulations as established by the College.
P)Incurring financial obligations on behalf of the institution without proper authorization including, but not limited to, charging any long distance telephone call to any telephone or billing number utilized by the College.
Q)   Abuse of alarm systems, for example fire or elevator, or tampering with fire-fighting equipment.
R)Violations of federal, state or local law on College premises or at College sponsored or supervised activities.
S)Gambling for money or other things of value, except as permitted by law.
T)Abuse of the Judicial System, including but not limited to: failure to obey a summons, misrepresentation of information, interference with judicial proceedings or an individual’s participation in the judicial process.

Violations of Law and College Discipline
College disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of this Student Code, for example, if both violations result from the same factual situation without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.

If a student is charged only with an off-campus violation of federal, state, or local laws but not with any other violation of this Code, disciplinary action may be taken and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the College community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges.

Judicial Procedures

Reporting of Charges and Hearing Procedure
Any member of the College community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the dean of students or assistant dean of students. Any charges should be submitted as soon as possible after the event takes place, preferably within seven days. This time limit may be extended at the discretion of the dean of students or the Judicial Panel.

Upon receiving the charges, the dean of students or assistant dean of students conducts an investigation to determine if the charges have merit. If it is deemed that they do have merit, the following options exist for disposition of the charges.

Mutual Consent
Following a meeting with the parties involved, a resolution is determined by mutual consent on a basis acceptable to the dean of students or assistant dean of students. Such disposition shall be final and there shall be no opportunity for an appeal.

If the disposition cannot be reached, the following formal hearing options are available to the accused person and the dean of students. In such cases the student will be notified in writing as to the charges and the time and place of the formal hearing. No serious disciplinary sanctions may be imposed upon any accused person without written notice to the accused of the nature and cause of the charges and a full and formal hearing of those charges (for exception refer to interim suspension).

Formal Hearing
A formal hearing shall include the right to confront witnesses against the accused, to present one’s own testimony, and to have the assistance of a person of the accused student’s choosing. The student bringing the complaint and the accused both have the right to a student advocate trained in school policy and school judicial procedure to aid in their hearing. In the case of sexual assault, the victim/survivor has the option to be present at all formal hearings and has the right to be notified within 24 hours of any decision made by the dean of students or Judicial Panel.

A.Formal Hearing before the Dean of Students. The dean of students or assistant dean of students shall conduct a formal hearing on the charges and determine appropriate sanctions.
B.Formal Hearing before the Judicial Panel. The Judicial Panel is activated at the discretion of the dean of students, or though the written request from the accused. The Judicial Panel will determine whether it is likely a violation of the code of conduct has taken place and determine the sanction in the case of violation.

Judicial Panel
The Judicial Panel will consist of two faculty/staff and two students drawn randomly from a pool of four faculty/staff appointed by the president of the College and four students selected by the Student Senate. The dean of students or designee will serve as chair and vote in the case of a tie. The accused student has veto power over one student and one faculty/staff on the Judicial Panel.

The Judicial Panel will determine whether it is likely that a violation of the code has taken place and determine the sanction in the case of a violation.

Proceedings before the Judicial Panel will follow these guidelines:

Hearing normally shall be conducted in private.
Admission of any person to the hearing shall be at the discretion of the Judicial Panel or the dean of students.
In a hearing involving more than one accused student, the chair of the Judicial Panel, in his or her discretion, may permit the hearing concerning each student to be conducted separately.
The complainant and the accused have the right to be assisted by a student advocate or any person they choose. The complainant and/or the accused is responsible for presenting his or her own case with or without the aid of the student advocate and, therefore, other persons attending besides the complainant, accused or student advocate are not permitted to speak or participate directly in any hearing before the panel.
The complainant, the accused, and the Judicial Panel shall have the privilege of presenting witnesses, subject to the right of cross-examination.
Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by the panel at the discretion of the chair. Previous violations may not be introduced as evidence. All procedural questions are subject to the final decision of the chair of the panel.
After the hearing, the panel shall determine by majority vote whether the student has violated those specific sections of the Student Code which the student is charged with violating.
The panel determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code.
If the determination is that a violation has occurred, the panel will decide the sanctions. Previous violations may be taken into account in determining the sanctions. The student will be given written notice of the decision of the Judicial Panel.
There shall be a single verbatim record, such as a tape recording, of all hearings before the Judicial Panel. The record shall be the property of the College.
Except in the case of the student charged with failing to obey the summons of dean of students or Judicial Panel, no student may be found to have violated the Student Code solely because the student failed to appear before the dean of students/Judicial Panel. In all cases, the evidence in support of the charges shall be presented and considered with or without the presence of the accused.

Appeal Proceedings
The accused student may appeal the decision or the sanction imposed by the dean of students or the Judicial Panel to an Ad Hoc Committee of faculty, staff, and students selected by the president and Student Senate. The appeal must be filed in writing to the dean of students within seven (7) calendar days of the decision. The appeal will be scheduled within 14 calendar days of the filing.

Appeal proceedings before the Ad Hoc Appeal Committee shall be conducted in private and the proceeding kept confidential. Admission to the proceedings shall be at the discretion of the chair of the Ad Hoc Appeal Committee. However, open hearings may be held by mutual agreement between the accused and the committee.

The appeal will be subject to the following rules:

1. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

a. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with prescribed procedures giving the party a reasonable opportunity to prepare and present evidence that the student code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
b. To determine whether the decision reached regarding the accused student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.
c. To determine whether the sanctions(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
d.To consider new evidence (sufficient to alter a decision) or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known or reasonably discoverable by the person appealing at the time of the original hearing.

2. If an appeal is upheld by the Ad Hoc Appeal Committee, the matter may be remanded to the original Judicial Panel or dean of students for re-opening of the hearing to allow reconsideration of the original determination and/or sanction.

3. In cases involving appeals by students accused of violating the Code of Conduct, review of sanction by the Ad Hoc Appeal Committee may not result in more severe sanctions(s) for the accused student. Instead, following an appeal, the dean of students/Judicial Panel may, upon review of the case, reduce, but not increase, the original sanction imposed.

4. In cases involving appeals by persons other than students accused of violating the Code of Conduct, the Ad Hoc Appeal Committee may, upon review of the case, reduce or increase the sanctions imposed by the dean of students/Judicial Panel or remand the case to the dean of students/Judicial Panel.

Student Advocate
Any member of the student body has the right, in circumstance of any grievance of accusation, to seek student representation to address those grievances. The Student Senate selects each year a student advocate to defend and represent students in any judicial action. The intention of the student advocate is to insure that students are treated fairly and responsibly. The student advocate has an oath to be professional, confidential, and respectful in helping students involved in the College’s judicial process. Any questions, concerns, or grievances with any aspect of school policy may be addressed to the student advocate.

Sanctions

1. One or more of the following sanctions may be imposed upon any student found to have violated the student code:

A)   Referral: A student is required to seek counseling or education on campus or within a community agency, and follow the recommendation of that agency. The student must allow the agency to notify the dean of students, in writing, of compliance.
B)Warning: A notice in writing to the student that the student is violating or has violated institutional regulations.
C)   Probation: A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulations during the probationary period.
D)   Loss of Privileges: Denial of specified privileges for a designated period of time.
E)Fines: Appropriate or previously established and published fines may be imposed.
F)Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
G)   Discretionary Sanctions: Work assignments, service to the college or other related discretionary assignments.
H)   Campus Housing Suspension: Separation of the student from the residence halls for a definite period of time, after which the student is eligible for return. Conditions for readmission may be specified.
I) Campus Housing Expulsion: Permanent separation of the student from the residence halls.
J)College Suspension: Separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
K)   College Expulsion: Permanent separation of the student from the College.
L)Interim Suspensions: As a general rule, the status of a student shall not be altered until the charges brought against the student have been adjudicated. Experience has shown, however, that prompt and decisive disciplinary action may be required in extreme cases before there is an opportunity to conduct a hearing. (For example: cases in which a student’s continued presence on campus constitutes an immediate threat of injury to property or members of the college community, or the orderly functioning of the college.) In such circumstances, interim suspension from the college or college housing facilities may be imposed by the dean of students or the president. The imposition of interim suspension shall entitle the suspended student to a prompt hearing.

2. Other than expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record. Upon graduation, the student’s confidential record may be expunged of disciplinary actions other than campus housing expulsion.

Alcohol Policy

Philosophy
The goal of The College of St. Scholastica is to create an environment in which both the responsible use and nonuse of alcoholic beverages are respected and in which the line existing between responsible drinking and abuse is recognized. Within the Benedictine tradition of hospitality, the College seeks to foster a healthy environment. The College supports those who choose a lifestyle free of chemicals and offers support to those in recovery via support groups on campus as well as ongoing programming.

Statement of Alcohol Use
The use of alcoholic beverages is a right the State of Minnesota extends to those persons who are 21 years of age or older. As an independent educational institution, The College of St. Scholastica extends the same right as a privilege to members of the St. Scholastica community who are of legal drinking age. Minnesota statutes section 340A.101(2) and Duluth City Code Division 2, subdivision 1, section 8-13 defines “alcoholic beverage” as any beverage containing more than one-half of one percent alcohol by volume. The college asserts that inappropriate behavior is not excused by consumption of alcoholic beverages and will hold individuals accountable for actions performed under the influence of alcohol. This includes actions both on and off campus which violate the rights or property of others as defined by the Statement of Proscribed Conduct in this handbook. Behavior following consumption of alcoholic beverages which violates college policy and/or state law will be considered an offense subject to review by the Code of Conduct for Students (see that section of this handbook). Those individuals who abuse the privilege of responsible drinking will be helped to understand the necessity of responsible behavior with regard to alcohol use. The College is committed to providing resources, counseling, education and other opportunities to enhance this understanding. On campus counseling and information regarding alcohol or other drug concerns are available through the StudentCenter for Health and Well-Being, T2150, Ext. 6085.

Use Guidelines
Alcoholic beverages may be used in private rooms of the student halls and apartments by those of legal age. Somers freshmen wings are considered alcohol free by all residents and guests. Alcohol is not allowed in any classroom (at the Duluth campus and/or any ADEP sites) at any time regardless of age.

Presence Policy
Students not of legal drinking age are not permitted at any time to be in the presence of alcohol. Students not of legal drinking age found in the presence of alcohol at any time will be in violation of the presence policy. If you are of legal drinking age and a person not of age is found in your residences where alcohol is present you will be found in violation of the presence violation. The college allows one exceptions to this policy.

1) When you are in your own residence with a roommate who is of legal drinking age you may be present. However, if other person(s) enters the residence not of legal drinking age, the violations can be administered.

Alcohol Consumption Policy

Students not of legal drinking age found consuming alcohol at any time will be in violation of the alcohol consumption policy.
Delivery of alcoholic beverages to students on campus is prohibited. Alcohol cannot be sold (e.g., selling cups, asking for donations, etc.) anywhere on campus except in cases of a College sanctioned event.
Bulk dispensing of alcohol is prohibited. This may include, but is not limited to, kegs, partyballs, etc. If it occurs, an automatic $100 fine will be assessed to each member of the apartment or residence hall room present at any time during the event. In addition, the container along with the tap will be seized and not returned to the residents.
Alcohol is not allowed in any classroom at any CSS location. Alcohol brought into any classroom, for any reason, is a violation of College policy and subject to the sanctions specified in the 2007-08 Student Handbook
College authorities reserve the right to request IDs from any person carrying unconcealed containers of alcohol on campus. Open or broken-sealed containers of alcohol are not allowed in any public area on campus without permission. Permission to use alcohol beverages in any public area of the college includes, but is not limited to, dining hall, apartment/halls picnic area, athletic facilities, ScienceCenter, Tower Hall, and other College grounds must be applied for from the residential life staff.

Violations
Each student should familiarize him/herself with the statement of proscribed conduct, and the statement of sanctions in the Student Handbook.

Possession and consumption of alcohol by those not of legal drinking age and consumption by those of legal drinking age which results in behavior that endangers or is detrimental to life is a violation of the college alcohol policy. Other violations involving alcohol not expressly stated here, but which violate the rights or property of member(s) of the St. Scholastica community, will be considered violations of this policy.

Violations which are violations of city and/or state law may also be referred to the proper city and/or state authorities in conjunction with or in addition to any college sanctions which may be imposed.

Sanctions
College sanctions for being in the presence of alcohol will result in the following consequences, with the possibility of other sanctions, as outlined in the Statement on Sanctions.

Any student who violates the policy against being in the presence of alcohol is subject to:

First Offense: Meet with the assistant dean of campus life to review violation(s). A $100 fine and five mandatory work hours will be issued. An alcohol fine will be put on a student’s account if not paid by the designated time frame. There is a possibility of other sanctions being imposed, including the loss of privileges.

Second Offense: Meet with the assistant dean of campus life to review violation(s). A $200 fine and 10 mandatory work hours will be issued. An alcohol fine will be put on a student’s account if not paid by the designated time frame. Students will be required to meet with a counselor from the StudentCenter for Health and Well-Being for an alcohol assessment and at least two counseling sessions.

Third Offense: Meet with the assistant dean of campus life to review violations. A $300 fine and 20 mandatory work hours will be issued. An alcohol fine will be put on a student’s account if not paid by the designated time frame. There is a mandatory 2 week suspension from on-campus housing including visitation to be set by the assistant dean of campus life. An alcohol assessment will need to be completed with a counselor from the StudentCenter for Health and Well-Being. Students are required to follow the treatment plan outlined by the counselor. There is a possibility of one or more sanctions being imposed, including loss of privileges and suspensions or dismissal from on campus housing and/or the college.

Fourth Offense: Meet with the assistant dean of campus life to review violation. Your housing contract will be cancelled and additional loss or access to College facilities may be denied.

College sanctions for Alcohol Consumption by students not of legal drinking age will result in the following consequences, with the possibility of other sanctions, remaining at the discretion of the dean of students.

Appeals
All appeals of alcohol violations must be submitted in writing to the residential Dean of campus life within 3 days after receipt of the sanction letter. All appeals come before a student panel. Accused students have the right to council with a student advocate in drafting their appeals. Appeals are reviewed by an alcohol appeals panel consisting of student representations. All decisions of the panel are final.

NOTE: THREE (3) VIOLATIONS OF THE ALCOHOL BEVERAGE POLICY IN ANY ONE YEAR WILL RESULT IN THE TERMIANTION OF YOUR HOUSING CONTRACT. STUDENTS WITH LESS THAN THREE VIOLATIONS MAY HAVE THESE VIOALTIONS CARRY OVER TO THE NEXT YEAR DEPENDING ON THE SEVERITY OF THE INDICENTS.

Parental Notification Policy
The Family Educational Right to Privacy Act, (FERPA), by the U.S. Department of Higher Education states that is now permissible for The College of St. Scholastica to notify the parents of underage students (below 21) when those students are found responsible for alcohol and other drug related offenses. The College of St. Scholastica endorses the concept that the student, parents, and the College are in a partnership in which each partner has the responsibility to promote a healthy and productive educational experience for the student, protect the campus community, and maintain and environment conducive to learning. Students who have violated College alcohol and/or drug policies can also benefit from candid discussions with their parents concerning the specifics of their disciplinary violations and how their use of alcohol and/or drugs can detract from their educational goals. The Parental Notification Policy will be utilized at the discretion of the dean of students. Please note sanctions will follow the College’s code of conduct and alcohol violation policies.

Policy Regarding Advertising, Promotion, and Merchandising of Alcoholic Beverages: Without written permission from the dean of students, no student or student organization may advertise an event which mentions or implies alcohol will be served or present. This includes college promotion of bars, distributors or brands of alcoholic beverages on T-shirts, posters, cups, etc. Questions should be referred to the dean of students. Advertising for the Cable is directed through the office of the vice president of student affairs and dean of students.

Grievance Procedure Against Student Organizations: Recognized student organizations in violation of College policies are subject to probation, revocation of recognition, or other disciplinary action through the dean of students.

Questions about these guidelines or requests for additional information should be referred to the dean of students, T2145, ext. 6167.

Statement on Taxis
In the event Security determines it necessary to call a taxi to transport someone home, the cost of the taxi will be assessed to the event sponsor(s).

Statement on Drugs Other than Alcohol
The College of St. Scholastica does not condone the illegal use, possession, sale, manufacture, or distribution of drugs or actions involving drugs, including the possession of drug paraphernalia. This includes drugs which may involve medical or psychological hazards to individuals, or actions involving drugs which may lead to interference with the rights and privileges of others. Students found involved in any of these actions will have their housing contract terminated.

Violence Prevention and Alcohol/Drug Education Program
The Violence Prevention and Alcohol/Drug Education Program is designed to promote responsible decision making and provide information for each person at The College of St. Scholastica. Workshops, programs, activities, a resource library and confidential information and referral regarding violence issues and alcohol/drug issues are some of the sources of support available. For more information, contact ext. 6085 or stop by T2150.

Alcohol, Drug Use And Health
The College of St. Scholastica believes in the holistic development of students. When we use the word “health,” we are referring to physical, spiritual, social, cognitive, and psychological health. Alcohol and other drug abuse can affect and impair one or more of these areas. Life-giving, responsible decisions can contribute to your being the best that you can be, and allow you to be a positive, contributing member of the St. Scholastica community. If you or a friend are in need of assistance due to alcohol or other drugs, contact the StudentCenter for Health and Well-Being at ext. 6085 or stop by T2150.

Diversity Related Grievance Policy

The College of St. Scholastica believes very strongly in diversity. Therefore inflammatory statements or actions that harm are not acceptable. Anyone who believes their rights under this policy have been violated has the right to file a grievance by contacting Joseph Bouie, Student Diversity Advocate, at ext. 7032, located in T2128. The present grievance procedure will be followed to resolve grievances. Further information on this procedure can be found in The College of St. Scholastica Sexual Harassment, Discriminatory and Workplace Violence Policy.

Sexual Harassment, Discriminatory and Workplace Violence

The College of St. Scholastica will not tolerate any form of harassment or workplace violence on its campuses or at any College-sponsored activity, by or against any student, faculty member, staff member, contracted service provider or visitor.

Persons who think they have been harassed or threatened, or have knowledge of harassment or threatening behavior, are encouraged to contact one of the following advisors to discuss the situation.

David Bauman, Assistant Dean of Students for Advisement and Retention, T2140, Phone 6179
ADEP Site Directors
Betsy Kneepkens, Assistant Dean of Students for Campus Life, Somers, Phone 6391
Lori Collard, the Vice President for Human Resources and College Affirmative Action Officer (T2101A, Phone 6602), is also available to discuss harassment and workplace violence situations, and will investigate all complaints.

RESPONSIBILITY

It is the responsibility of all faculty, staff and students in the College to contribute to an environment free of harassment and violence. College administrators, supervisors, department chairs, and student advisors are particularly responsible for ensuring that any incident of harassment or threatening behavior is reported to one of the designated advisors.

The College discourages involvements between faculty and students, staff and students, or supervisors and employees in view of the vulnerability to sexual harassment charges. Even consenting romantic and sexual relationships between faculty and students, staff and students, or between supervisors and employees are generally deemed very unwise.

ACADEMIC ENVIRONMENT

While the College, through this policy, prohibits certain behaviors and actions, there is no guarantee that the environment will always be comfortable for all members of the college community. The educational process can be disturbing and uncomfortable; when one's ideas are criticized and one's values are being challenged, the effect may be painful, but is also often highly educational. Speech and actions that are disturbing or unsettling may be the product of an academic exchange or exploration of ideas, in an atmosphere of intellectual freedom, and may not necessarily be wrongful. It is imperative that faculty and students be able to take controversial positions without fear, in accordance with the principles of academic freedom.

DEFINITIONS

Harassment consists of any words or conduct that shows hostility or aversion toward an individual because of race, color, religion, gender, national origin, age, disability, creed, marital status, status with regard to public assistance, or sexual orientation, or that of his/her relatives, friends, or associates and that:

Has the purpose or effect of creating an intimidating, hostile or offensive work or educational environment;
Has the purpose or effect of unreasonably interfering with an individual's work or academic performance; or
Otherwise adversely affects an individual's employment or academic opportunities.

Harassment may occur in situations where there is a power differential between the parties (between any persons on campus or between any persons at any campus activities), or where the persons share the same status (i.e., student-student, faculty-faculty, staff-staff). It may occur between members of the same or opposite sex.

All forms of harassment are prohibited, including sexual harassment. Sexual harassment is constituted by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature.

Prohibited harassment may include, but is not limited to, the following conduct:

Continual or repeated verbal abuse, including negative verbal slurs, stereotyping, threats, intimidation, and graphic verbal commentaries about an individual's body;
Written or graphic materials or objects placed on or circulated within College premises (walls, bulletin boards, computer terminals, vehicles, etc.) that show hostility or aversion toward an individual or group or are sexually suggestive;
Repeated offensive, unwelcome sexual flirtations, unwelcome personal attention, advances or propositions; requests for sexual favors; gestures and other verbal or physical conduct of a sexual nature when:
- submission to such conduct is made a condition of employment or educational opportunities;
- submission to or rejection of such conduct is used as the basis for employment or educational decisions affecting the individual; or
- such conduct interferes with an individual's work or educational performance or creates an intimidating, hostile, or offensive working or educational environment.

Workplace violence is unjust or callous use of force or power which has the likelihood of causing hurt, fear, injury or death. It is prohibited and is subject to disciplinary action which may include sanctions and/or dismissal. The College seeks to provide a workplace which is free of violence of any kind.

Workplace violence may include, but is not limited to:

Bullying, intimidation, fear, threats, hostile acts, or acts of violence toward an individual or group;
Possession or use of weapons on College property or at College sponsored events.

PROCEDURES
If an individual believes he or she has been harassed or threatened or has observed anyone else being harassed or threatened, or someone has reported harassment or threatening behavior, that individual should promptly report the facts and names of the individuals involved to any of the advisors listed at the beginning of this policy. Students may also contact the dean of students directly. All reports of harassment and threatening behavior will be investigated promptly, and in as impartial and confidential a manner as possible. The investigation may include interviews with the individual making the charges, the accused, and appropriate witnesses. In some circumstances it may be desirable to remove one or more of the employees involved from the workplace or to remove a student from the classroom or residence hall environment during the investigation. Such a step may be seen as the best way to protect the interests of everyone involved. In this event, their absence from the workplace or the College environment should not be interpreted as meaning he or she is guilty of any wrongdoing.

Whenever a charge of harassment, threat, violence, etc., is considered by the College affirmative action officer and/or the dean of students sufficient to warrant investigation beyond the initial complaint, the next step will be to inform the accused that the charge has been lodged and the accused will at that time be given an opportunity to respond to the allegations. The accused will always have the right to bring a support person to any proceeding the accused attends.

It should be the intention of every member of the community to maintain a working and learning environment free of harassment and violence. Therefore, no retaliatory action may be taken, at any point in the process, against any individual because he or she makes a good-faith complaint against any member of the community. In addition, those who harass or threaten a participant (a witness, the investigator, the complainant or the accused) after a complaint has been made will be subject to appropriate sanctions.

FALSE ACCUSATIONS:
False accusations can have serious effects on innocent men and women. Accordingly, accusations which are not made in good faith may also be grounds for discipline, up to and including termination or expulsion. Discipline, if any, will be determined on a case-by-case basis after a review of relevant information.

SANCTIONS
The College has the discretion to apply any sanction or combination of sanctions to eliminate any unlawful conduct and remedy the impact of any harassment or threats. Examples include but are not limited to:

all sanctions included in the Student Code of Conduct;
counseling the offender;
transferring the offender to another position (if applicable);
placing the offender on probation, with a warning of suspension or discharge for continuing or recurring offenses;
placing the offender on suspension with or without pay;
discharging the offender.

Faculty members charged with a violation of this policy will be governed by the Grievance and Dismissal Procedure as written in the Faculty Handbook. Members of the Operating Engineers, Local 70, will be governed by their current contract procedures for grievance and dismissal. Students charged with a violation of this policy will be governed by the sanctions outlined in the Judicial Procedures section of the Student Handbook.

All documentation regarding any incident will be kept on file in the affirmative action officer's office. The College will assist the victim with reporting the incident to the Duluth Police Department if he/she wishes to do so. Other resources available:

MN Crime Victims' Ombudsman - 1-800-642-0397
Crime Victims' Reparation Board - 612-642-0395
CSS Employee Assistance - Midwest Solutions, Inc. For referral to local providers, call 1-800-383-1908.
Program for Aid to Victims of Sexual Assault (PAVSA) 726-4751 (for sexual assault cases)

Academic Appeal Procedure for Undergraduate Students

Grounds for Appeal
The academic appeal procedure is a process to address an academic situation which the student perceives as unfair or unjust. It is not a process to be used when there is dissatisfaction with a grade or to obtain a grade change. For information on non-academic grievances, refer to the relevant sections of the Student Handbook.

Informal Appeal
The student should try to resolve the problem by discussing it with the following people in the order listed below. The procedure would halt at any point that satisfaction has been reached.

Course faculty
Dean - School of Extended Studies
Department chair
School dean
Vice President for Academic Affairs

Formal Appeal
If, after discussion with the people listed above, the issue has not been resolved, a formal appeal procedure is initiated. The student should complete an appeal form found in the office of the vice president for Academic Affairs and return the form to that office. Upon receipt of the form, the vice president for Academic Affairs will contact the chair of the faculty assembly to select three faculty members, and the vice president of Student Affairs to select two students to serve on an appeal panel. One student and two faculty members will be from the school concerned; the other student and faculty member will be from other schools. If the appeal received is from an ADEP student, at least one faculty member and one student will be from an ADEP Program. The vice president for Academic Affairs will set up the first meeting of the panel and notify the involved student and the faculty member.

Time Limits
A formal appeal must be initiated by the student within one month of the end of the semester in which the incident occurred. Upon receipt of the formal appeal form, the appeal panel shall be formed within one week and meet within two weeks. The appeal panel, once formed and presented with the appeal, shall then be obligated to handle the appeal within two weeks.

Student Responsibility
The student should clearly and concisely describe the incident and state the reason for the appeal on the form. Any supporting materials should be given to the panel members and to the faculty member through the vice president for Academic Affairs prior to the first meeting of the panel.

Faculty
Any written documentation that the faculty member wishes to present to the panel should be given to the panel and the student through the vice president for Academic Affairs prior to the first meeting of the panel.

Panel:

1. At the first meeting of the panel, the vice president for Academic Affairs will review the responsibilities and limits of the appeal panel and distribute any written materials from the student and the faculty member. The panel should then choose a chair and secretary. A hearing will take place at a subsequent meeting.

2. At the hearing, the student will present the concern. The student may ask to have the student advocate or another person present as a support/advisor. This request should be made prior to the meeting. Because this is a student initiated process within the College, it is not usual to have legal counsel present. If an exception is to be made, it should be arranged with the vice president for Academic Affairs prior to the panel meeting.

3. At the hearing, the panel will give the faculty member an opportunity to respond to the accusation of unfairness or injustice. The faculty member may invite the department chair or school dean to be present for this panel meeting. If the student has arranged for legal counsel, the faculty member may also have his/her legal counsel present. Legal counsel shall not be permitted to examine or to cross-examine anyone present. The vice president for Academic Affairs will also be present as a resource for procedural questions.

4. At the hearing, the panel will ask questions and receive clarification of the issue from the student and faculty member, both of whom are present for presentation and clarification.

5. Following the hearing, the panel will meet alone to discuss the issue. The purpose of the panel is solely to determine whether an injustice was done.

6. To maintain confidentiality, the panel will seek any additional information needed to arrive at a decision through the vice president of Academic Affairs.

7. The decision will be communicated to the vice president for Academic Affairs who will relay the final decision to the student and faculty member. If and only if the panel members decide there was an injustice, the appeal will be subject to the following rules:

1..      Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
a.       To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with prescribed procedures giving the party a reasonable opportunity to prepare and present evidence that the student code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
b.      To determine whether the decision reached regarding the accused student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the student code occurred.
c.   To determine whether the sanctions(s) imposed were appropriate for the violation of the student code which the student was found to have committed.
d.   To consider new evidence (sufficient to alter a decision) or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known or reasonably discoverable by the person appealing at the time of the original hearing.

2.   If an appeal is upheld by the ad hoc appeal committee, the matter may be remanded to the original judicial panel or vice president for Student Affairs for re-opening of the hearing to allow reconsideration of the original determination and/or sanction.
3.   In cases involving appeals by students accused of violating the code of conduct, review of sanction by the ad hoc appeal committee may not result in more severe sanctions(s) for the accused student. Instead, following an appeal, the vice president for Student Affairs/judicial panel may, upon review of the case, reduce, but not increase, the original sanction imposed.
4.   In cases involving appeals by persons other than students accused of violating the code of conduct, the ad hoc appeal committee may, upon review of the case, reduce or increase the sanctions imposed by the vice president for Student Affairs/judicial panel or remand the case to the vice president for Student Affairs/judicial panel.

8. Detailed minutes of the panel proceedings should be kept by the secretary and filed in the office of the vice president for Academic Affairs.

9. All deliberations of the panel are held in confidence. Panel members and anyone present at the meeting(s) should respect this confidentiality.

10. Decisions of the panel are binding.

Academic Honesty Policy

Statement of Policy
Academic honesty and integrity are highly valued in our campus community. Academic honesty directly concerns ethical behaviors which affect both the academic environment and the civic community. Academic dishonestly seriously violates the integrity of the academic enterprise and will not be tolerated at St. Scholastica.

Definition
Academic dishonesty is defined as follows: Misrepresentation of the work of others as one’s own; dishonesty in testing; violating authorized guidelines established by instructors for individual assignments; sabotaging or damaging the work of others; or engaging in dishonesty in other academic work.

Implementation
To minimize student misunderstanding, faculty shall state in writing what degree of cooperation or help is authorized and what behaviors constitute academic dishonesty on collaborative efforts by students (team projects, group work, etc.). Students shall be responsible for asking faculty for clarification in any unclear situation.

Enforcement
Since academic dishonesty is a transgression against the entire college community, the entire community should be involved in handling the problem. Students and faculty are encouraged to contact instructors with reports of, or concerns about, academic dishonesty. If a faculty member has determined that a student has been academically dishonest, the violation must be reported to the vice president for Academic Affairs or the vice president for Student Affairs. Duties of these offices include referral of students for counseling if needed, handling of repeat offenders, and administering of penalties.

Penalties
In cases of academic dishonesty, the minimum penalty to be applied by the faculty member shall be failure of the assignment or test, and the maximum penalty shall be failure of the course. In addition, a department may deny admission to or dismiss from a program a student who has engaged in academic dishonesty, and the vice president for Academic Affairs or vice president for Student Affairs may exclude such a student from extracurricular activities or expel him or her from the College, even on the first instance of academic dishonesty.

Appeals
An aggrieved student may appeal any adverse decision regarding academic dishonesty by following the procedure outlined in the academic appeal procedure. In an appeal concerning academic dishonesty, the decision of the appeal panel shall be final.

Catholic Identity and Outside Events

Students or organizations/clubs that would like to bring an event to campus should contact the Student Activities/Union Manager at ext. 6147 or stop by the office on the ground floor of Tower Hall.

Some events are annual or traditional and are sponsored by a student organization, Campus Activity Board (CAB) or by Student Activities. The Student Activities/Union Manager guides the logistical needs for these events.

Events that require the scheduling of the Mitchell Auditorium should be initiated through both the Student Activities/Union Manager and our Scheduling Office, ext. 6030.

Members of the St. Scholastica community are asked to show respect for the Catholic tradition. If an event will deal with material that is contrary to Catholic teachings, the Dean of Students should be contacted (ext. 6167) before the event is scheduled.

Information about the College’s Catholic identity may be found at: Catholic Identity

Environmental Concerns

The College holds that every individual is presented with the privilege and the responsibility to serve God and humanity and to care for the natural world. Consequently, each person should be motivated to promote the most beneficial use of human, environmental, and economic resources.

Over the years, the nation’s consciousness has turned toward preserving the quality of the environment for future generations. Habitat preservation, pollution prevention, and recycling efforts are some of the ways concerned people are working toward this goal. Recycling is perhaps the easiest thing any single person can do and currently many people do it. However, it is much more effective to reduce and reuse, in order to prevent the unnecessary consumption of resources. The College hopes that there will be a continual, growing awareness of the need to preserve the natural beauty this earth has left because once it is gone, it will be gone forever. Earth Action is the environmental club at The College of St. Scholastica. If you would like more information about environmental concerns, contact the club at: Earth Acation E-mail or visit their Web sit at: Earth Action.

Parking Regulations and Information

All vehicles on campus are subject to the College’s parking regulations. Vehicles owned/operated by all students are required to be registered with the Business Office and obtain a CSS parking permit. Intentionally misrepresenting your vehicle by using a parking permit other than the one you are entitled to is a violation of the parking code. Student parking permits are valid only if they are for the current academic year and are hung from the rear-view mirror with the numbers facing outward.

A copy of the College’s Parking Regulations can be obtained from the Business Office located on the first floor of Tower Hall room 1130, Campus Security Office located on the ground floor of Tower Hall room 19 or by going to Parking Regulations

Smoking Policy

In the interest of a clean and pleasant environment for work and study, the Health and Safety Steering Committee, with the approval of the President's Staff, has designated specific locations on campus as smoking areas. All faculty, staff and students are required to smoke only in these designated areas. The cigarette disposal receptacles located at entryways are provided as a courtesy to visitors entering the buildings and do not represent designated smoking areas.

Smoking is prohibited in all areas of the College buildings with the exception of designated external locations.

All College offices, hallways, restrooms, and general-use areas are designated nonsmoking.

Designated outdoor smoking areas:

Somers:

a. North side balcony on each floor

Science:

a. First floor South entrance

b. Main entrance first floor of building

CSS Theatre:

a. Main entrance

Tower Hall:

a. First floor old loading dock

b. Outside carpenter shop - second floor (access this area through receiving)

c. Mitchell Auditorium/Student Union Northwest corner of building on the ground floor level.

Wellness/Reif Center:

a. Northeast ground floor entrance

Within every American Indian tribal culture there are ancient and profound traditions concerning the use of plants for a variety of medicinal and spiritual purposes. Sage, sweetgrass, and cedar are widely used to aid in purification and prayer. Out of respect for American Indian culture, traditions, and spirituality, College policies do allow the religious use of sage, sweetgrass, and cedar smoke in accordance with their well-established manner of use within American Indian ceremonial traditions, for the purpose of purification and prayer. Such use is subject to all College and residential life policies concerning safety.

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