Updated: November 2009
PREAMBLE
Saint Leo University is an educational environment dedicated to fostering intellectual achievement, personal development, and social responsibility. The disciplinary system is an integral part of our educational process. While a University education is primarily academic and intellectual in nature, it also includes the development of Core Values that translate into responsible behavior. Students are expected to display respect for individuals and their rights within the Saint Leo University community setting. Persons at Saint Leo University locations are expected to express themselves through conduct, which does not deny other individuals the freedom to express their own individuality socially, emotionally, intellectually, and spiritually, and does not deny other individuals their rights. To maintain standards that contribute to the intellectual, spiritual and moral development of students that ensure the welfare of the University community, Saint Leo University establishes this Code of Conduct.
ARTICLE 1: DEFINITIONS
- The term "University" means Saint Leo University (University campus, on-line, and Centers).
- The term "student" is defined as any person who is admitted, enrolled or registered for study at Saint Leo University (University campus, on-line, and Centers) for any academic period. Persons who are not officially enrolled for a particular term but who have a continuing student relationship with, or an educational interest in Saint Leo University are considered "students". A person shall also be considered a student during any period while the student is under suspension from the University or when the person is attending or participating in any activity preparatory to the beginning of school including, but not limited to, orientation, LEAP and residence hall check-in.
- The term "University official" includes any person employed by the University, performing assigned administrative or professional responsibilities or a Residence Life student staff member.
- The term "member of the University community" includes any person who is a student, staff member, faculty member, or a University official.
- The term "University premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University.
- The term "organization" means any athletic team, service organization/trip or any group/association of persons who have complied with the formal registration requirements for (the) University.
- The term "Administrative Hearing Officer" means a University official designated on a case-by-case basis by the Assistant Vice President for Student Services to adjudicate alleged infractions in an Administrative Hearing. Nothing will prevent the Assistant Vice President for Student Services from authorizing the same Administrative Hearing Officer to impose sanctions in all cases.
-
The term "Appellate Board" means any person or persons authorized by the Assistant Vice President for Student Services to consider an appeal from an Administrative Hearing Officer's determination that a student has violated University policy or from the sanctions imposed.
a. Decisions of Administrative Hearing Officers may be appealed to the Assistant Vice President for Student Services or designee. When appropriate, a faculty member will also be selected to act in an advisory capacity to the Assistant Vice President for Student Services. If the Assistant Vice President for Student Services acted as the Administrative Hearing Officer, the Vice President for Continuing Education and Student Services will consider the appeal.
- The term "policy" is defined as the written regulations of the University as found in, but not limited to, the Code of Conduct, Guides to Residence Hall Living, and the Catalogue.
- The term "residence hall" is defined as any University owned/operated student housing facility.
ARTICLE II: UNIVERSITY CORE VALUES:
Saint Leo University offers a practical, effective model for life and leadership in a challenging world. As such our community has adopted six steadfast moral guidelines to help us recognize the dignity, value, and gifts of all people. We encourage all members of our community to use and embrace the following values in their day-to-day lives in order to strengthen our commitment to each other, our University, and to God.
Excellence Saint Leo University is an educational enterprise. All of us, individually and collectively, work hard to ensure that our students develop the character, learn the skills, and assimilate the knowledge essential to become morally responsible leaders. The success of our University depends upon a conscientious commitment to our mission, vision, and goals.
Community Saint Leo University develops hospitable Christian learning communities everywhere we serve. We foster a spirit of belonging, unity, and interdependence based on mutual trust and respect to create socially responsible environments that challenge all of us to listen, to learn, to change, and to serve.
Respect Animated in the spirit of Jesus Christ, we value all individuals’ unique talents, respect their dignity, and strive to foster their commitment to excellence in our work. Our community’s strength depends on the unity and diversity of our people, on the free exchange of ideas, and on learning, living and working harmoniously.
Personal Development Saint Leo University stresses the development of every person’s mind spirit, and body for a balanced life. All members of the Saint Leo University community must demonstrate their commitment to personal development to help strengthen the character of our community.
Responsible Stewardship Our creator blesses us with an abundance of resources. We foster a spirit of service to employ our resources to university and community development. We must be resourceful. We must optimize and apply all of the resources of our community to fulfill Saint Leo University’s mission and goals.
Integrity The commitment of Saint Leo University to excellence demands that its members live its mission and deliver on its promise. The faculty, staff, and students pledge to be honest, just, and consistent in word and deed.
ARTICLE III: JUDICIAL AUTHORITY
- The Assistant Vice President for Student Services is responsible for the disciplinary system at Saint Leo University.
- The Assistant Vice President for Student Services, in consultation with University governance shall develop policies for the administration of the disciplinary program and procedural rules for the conduct of hearings that are consistent with provisions and Core Values of University.
- Administrative Hearing decisions accepted by the Assistant Vice President for Student Services shall be final, pending the normal appeal process.
- The Assistant Vice President for Student Services may designate a University official to act as his/her designee.
ARTICLE IV: PROSCRIBED CONDUCT
A. JURISDICTION OF THE UNIVERSITY
Although the University is not responsible or liable for student off-campus events or behavior, it does reserve the right, in the interest of protecting students from harm, to take action in response to behavior off campus that violates University expectations, Core Values and policies and when the University's interests as an academic community are clearly involved. University policies govern students participating in Saint Leo or Saint Leo-affiliated study abroad.
B. CONDUCT- RULES AND REGULATIONS
As responsible members of the Saint Leo University community, students are expected to maintain the University's highest ideals of academic and social conduct and are responsible for knowing and abiding by University policy and reporting violations to Campus Safety, Residence Life or any member of the Student Services staff.
B1. ABUSE (Physical, Mental, or Verbal)
Values: Community, Respect, Integrity
Physical, mental, or verbal abuse of any person is prohibited. No student shall cause harm to another or aid in commission of an act that causes physical or emotional harm to others or which intimidates, degrades, demeans, threatens, or otherwise interferes with another person's rights or comfort.
B2. ACADEMIC HONESTY
Values: Excellence, Respect, Integrity
Please consult the Catalogue for Academic Policies. The policy on Academic Honesty is repeated here, given its vital importance in the Saint Leo community.
As members of an academic community that places a high value on truth and the pursuit of knowledge, Saint Leo University students are expected to be honest in every phase of their academic life and to present as their own work only that which is genuinely theirs. Unless otherwise specified by the professor, students must complete homework assignments by themselves (or if on a team assignment, with only their team members). If they receive outside assistance of any kind, they are expected to cite the source and indicate the extent of the assistance. Each student has the responsibility to maintain the highest standards of academic integrity and to refrain from cheating, plagiarism, or any other form of academic dishonesty.
Academic dishonesty is representing another’s work as one’s own, active complicity in such falsification, or violating test conditions.
Plagiarism is stealing and passing off the ideas and words of another as one’s own or using the work of another without crediting the source.
The University will hold students responsible for safeguarding their work against plagiarism by others. For example, papers left on hard drives or flash drives are easily copied, and when two or more students submit papers that are essentially the same, it is often impossible to determine which version was written first and which was plagiarized. In cases of this nature, the actions of all involved will be reviewed by the appropriate Academic Standards Committee, and appropriate sanctions may be awarded to one or all students.
Questions of academic honesty are of great importance to Saint Leo University. Infractions are addressed by the Office of Academic Affairs. When there is a reason to suspect that a student has violated either the University’s policy on academic honesty or the faculty member’s specific codes as outlined in the course syllabus, the faculty member must discuss the charges and the evidence with the student. Without taking any punitive action, the faculty member will as soon as possible submit a written report of the suspected violation as follows:
For students enrolled in University College, the report goes to the Academic Standards Committee.
- For students enrolled in the Graduate Programs, the report is sent to the Vice President for Academic Affairs, who in turn forwards it to the Graduate Academic Standards Committee.
- For students enrolled in the Division of Continuing Education and Student Services, the report goes to the Center Director.
- For students enrolled in the Center for Online Learning, the report goes to the Director of the Center for Online Learning.
The report of the faculty member will normally include these points:
- The faculty member’s charge against the student.
- The evidence supporting the faculty member’s charge.
- A summary of the discussion between the student and the faculty member, including any admission or denial of guilt by the student.
- A copy of the course syllabus.
Upon receipt of the faculty member’s report, the Undergraduate Academic Standards Committee, the Graduate Academic Standards Committee, or an ad hoc committee appointed by the Continuing Education Center Director will schedule a hearing and inform the student, in writing, of the date and time of the hearing. The Committee also will enclose copies of the faculty member’s report.
A student is not permitted to withdraw from a course while the infraction is under investigation. The student is required to attend the hearing. If the student does not attend the hearing, the Committee will render a default judgment with appropriate sanctions.
After reviewing the evidence and hearing the argument of both parties, the Committee will render a decision on the charge and determine any sanctions that are appropriate.
The sanctions for academic dishonesty such as cheating on an examination, plagiarism, forgery of academic documents (including signing another’s name), copying of computer programs or information and similar offenses, are as follows:
- The minimum sanction for the first offense is a zero for the test or assignment, but the usual sanction is an "F" in the course in which the violation took place. No provision will be made for the student to receive a "W."
- The minimum sanction for the second offense is an "F" in the course, but the usual sanction is suspension or dismissal of the student from Saint Leo University.
The student may appeal the decisions of the Committee to the Vice President for Academic Affairs, who may accept or modify any finding, conclusion, or suggested sanction in the Committee’s recommendation and issue the final decision of the University as soon as practical. The final authority rests with the Vice President for Academic Affairs. It is the personal responsibility and obligation of each student to uphold the Academic Honor Code. Students are required to report any observed instance of academic dishonesty to the faculty member.
A new Online Academic Honor Code reporting system will be piloted in fall 2007 for University Campus students where instances of academic honesty may result in sanctions applied by the faculty member in the classroom. Students will be notified via the Online Academic Honor Code reporting system, and they will have the opportunity to appeal the allegation and/or decision. More information will be distributed at the opening of the school year.
B3. ALCOHOL
Values: Community, Respect, Personal Development, Integrity
Excessive drinking and intoxication will not be tolerated. Members of the Saint Leo community who choose to drink will be held fully responsible for their behavior while under the influence of alcohol. Drinking games designed for the purpose of the irresponsible consumption of alcohol are prohibited. Loss of control due to intoxication does not excuse or justify violation of State Law, University regulations, or the rights of others.
- Any violation of Florida State laws regarding alcohol will be considered grounds for University disciplinary action. These include:
- Possession and/or consumption of alcoholic beverages if under the age of 21.
- Selling, giving, or serving, alcoholic beverages or permitting alcohol to be served to persons under 21.
- Misrepresenting or misstating one's age or using altered identification for the purpose of procuring alcoholic beverages.
- Consuming or possessing open containers of alcoholic beverages including secondary containers, while in municipal parks, playgrounds, sidewalks, or streets or being found in the state of intoxication on a street or in a public place. This open container law applies on and off campus. This includes the consumption/possession of open alcohol in residence hall corridors, lounges, and any public areas.
- Common sources of alcohol, including but not limited to, kegs and party balls (empty or full) are prohibited, except as outlined in the Social Event Guidelines.
- Devices and games designed for the rapid consumption of alcohol, including but not limited to, beer pong, funnels and beer bongs are prohibited.
- Driving with a blood alcohol level of 0.08% or more. (Individuals arrested for driving under the influence of alcohol or drugs face a suspension of driver's license for 6 months, fines of up to $500.00, a minimum of 50 hours of community service, and imprisonment for up to six months.) The State of Florida will suspend drivers licenses for those under 21 driving with a blood alcohol level of .02 percent.
- Possession and/or consumption of alcoholic beverages is strictly prohibited on campus before the start of classes regardless of age. Campus is considered "dry" for new and returning students during Orientation (Summer and Fall) or other students who have been approved to return early. This includes approved athletic teams participating in vacation housing.
- Minimum guidelines for sanctions associated with violations of the alcohol policy are listed below. If warranted, the University reserves the right to impose more severe sanctions. Parental notification will occur through the Assistant Vice President for Student Services or designee when appropriate.
- Written Warning
- Participate in and successful completion of an on-line course designed to assist students with alcohol-related topics and healthy lifestyle choices. There is a fee associated with this course.
- Parental Notification, if appropriate (required on second infraction)
- Coach Notification, if appropriate
- 2 points
B4. ALCOHOL AND NON-ALCOHOL SOCIAL EVENT GUIDELINES
Values: Community, Respect, Personal Development, Integrity
The University is committed to providing an environment that includes policies and educational elements to encourage healthy, low risk, and safe choices for the use or non-use of alcohol for those of legal age. Furthermore, the University believes in the importance of alcohol education programs for all members of the University community. It is upon this and the education-oriented philosophy of the University that the following alcohol policy is based.
The alcohol policy at Saint Leo University is based in compliance with Florida State Statute, and the use of alcohol in moderation and under appropriate circumstances. This policy applies to all student organizations, and those groups and individual students, holding events on University property or in association with the University including off campus events. In the case of visitors/guests violating the policy, the host may be held responsible and depending on the violation, the visitor is also subject to arrest.
- Policies
- All events on campus or during an organization event, in any situation sponsored or endorsed by the University and/or individual, and organization, or in any event an observer would associate with the organization, including off-campus events must be in compliance with the stated guidelines below unless otherwise granted permission by the Assistant Vice President of Student Services:
- All students and student organizations at Saint Leo University must observe Florida State Statutes
- Prohibits any person under the age of 21 from possession or consumption of alcoholic beverages
- The selling, giving, or serving of alcoholic beverages to persons under the age of 21 by any person or organization
- Any person from misrepresenting or misstating his/her age
- Open containers of alcohol.
- All events with alcohol must have a Third Party Vendor properly licensed by appropriate local and state authorities with a million dollar liability insurance policy. All sales of alcohol must be on an individual drink by drink basis and staffed only with employees of the Third Party Vendor.
- All events that have alcohol present must be in a location properly zoned for the distribution and consumption of alcoholic beverages.
- Outside events will be approved on a case-by-case basis and must follow Saint Leo town noise ordinances.
- With the exception of licensed, third party vendors, no kegs, or other common source alcohol containers (such as punch, party balls, etc.) are permitted.
- Student organization funds or money generated from student activity fees or admission fees collected at the event may not be used for the purchase of alcohol (this includes "passing the hat").
- No event shall include drinking contests, drinking games, or have alcohol as prizes to any contests.
- Open parties, meaning those with unrestricted access by non-members of the sponsoring organization without specific invitation are prohibited. All events with alcohol must have a guest list that is generated and finalized 48 hours prior to the event with each guest’s full name, student identification, and host if not a member of sponsoring organization and turned into the Student Involvement Office. An actual list of everyone in attendance to the function must be submitted to the Student Involvement office at the time of follow-up meeting.
- No organization or individual may co-sponsor an event with alcohol, with an alcohol distributor, charitable organization or tavern (business generating more than 50% of annual gross sales from alcohol). No funds, privileges, endorsements, charitable contributions or other special considerations shall be granted to an organization from the host site.
- No organization, or individual may hold an event with alcohol during or 48 hours preceding final examination period, at organizational recruitment induction, or initiation events, at any campus recreation event, intramural event, or NCAA event, or during the academic week (Monday-Thursday), unless granted an exception by the Assistant Vice President for Student Services.
- General Procedures
- The following must be turned into the Student Involvement Office with the "Event with Alcohol Form" for approval:
- List of monitors (one trained monitor for every 25 guests) charged with remaining sober (not drinking at all), regulating the event and enforcing policy.
- Proof that the Organizational Officer planning the event has attended a risk management training session and passed the alcohol quiz to be eligible to hold an event with alcohol.
- Approval by the Student Involvement or designee is subject to the above guidelines.
- Any prior publicity (including but not limited to posters, banners, newspaper advertisements, t-shirts, electronic advertisements such as Facebook and Myspace etc. ) must not contain phrases emphasizing alcohol being served or manner it will be consumed (i.e. "Drink and Drown" , "All you can Drink", etc.). Publicity must also mention the availability of non-alcoholic beverages. The following statement must be included all publicity:
- Participants at the event must be prepared to present two forms of age identification, one containing a photo. Participants must be 21 years of age or older in order to consume alcohol.
- The final guest list must be submitted to the Student Involvement Office 48 hours prior to the event.
- Guests over the age of 21 must be given a wrist band at the door and must have it on at all times to be served.
- Food and non-alcoholic beverages will be made available to all participants. If the non-alcoholic food and beverages run out the alcohol sales will stop.
- A sign must be displayed at all times that states "We Do Not Serve Minors. We reserve the right to refuse service to anyone who appears to be intoxicated, or who appears to be underage and cannot provide acceptable identification." Students are responsible for staffing the event and will be responsible, in working along with security. A birthday list of all students is to be used at the entrance. Students will be asked to present a picture form of identification. (Invited guests who are not Saint Leo students will be required to show two forms of picture identification.)
- The serving of alcoholic beverages is to be discontinued one half hour before the end of the event.
- Alcoholic beverages are to be served in a container noticeably different than non-alcoholic beverages.
- Length of event to be approved by Student Involvement office.
- Procedures for On Campus events with Alcohol
- An Event form must be completed with all appropriate signatures and handed into the Student Involvement Office at least fourteen (14) days prior to the scheduled activity. This form requires the signature of the Director of Campus Life or designee. Other signatures will include that of the Director of Campus Safety, General Manager for Sodexo Dining Services or other manager and the organization’s advisor before final approval is given.
- All organizations approved to hold an event with alcohol must use Sodexo Dining Services as their vendor unless a waiver is received from Sodexo and approved by the Director of Campus Life.
- The amount and manner of distribution of alcoholic beverages to be served will be determined prior to the event by the sponsoring organization, in conjunction with the Director of Campus Life, and the Assistant Vice President for Student Services will make the final approval process.
- The Director of Campus Safety will determine the number of officers to be present to check age identification for those entering the designated drinking area and/or to assist with crowd control. This number of officers will be figured in accordance with the number of persons expected to attend the event, the nature of the event, and past history (if any) of the event. Whenever possible, the Department of Campus Safety will provide off-duty University officers for events. The sponsoring organization is responsible for the cost of the off-duty officers. If it is not possible for University officers to staff the party it shall be the sponsoring organization’s responsibility to obtain appropriate alternatives in conjunction with the Director of Campus Safety. All student monitors must be trained through the University sponsored program.
- If damage occurs, the proper authorities will make an effort to seek out the responsible individual(s) and refer them to the appropriate, disciplinary process. However, when this is not possible, the sponsoring organization(s) is/are responsible for any damage or extra costs incurred and will be turned over to the Student Disciplinary Process. A thorough damage assessment will be made by the Director of Campus Life or designee and a student representative before and after the event at the facility utilized.
- A follow-up event meeting will be held between the event coordinator of the sponsoring organization(s) and the Director of Campus Life or designee who gave final approval of the event to evaluate the event. This meeting shall take place within five (5) working days after the event.
- The organization’s faculty/staff advisor or approved designee must be present throughout the entire event.
- Procedures for Off Campus Events with Alcohol
- Registration and approval process
- An Event with Alcohol Form must be completed and submitted to the Student Involvement Office fourteen (14) days prior to the scheduled event with time, date and location of the event. This form must contain the signature of the groups’ advisor.
- ii. Proof of the Third Party Vendor license and insurance policy must be included with this form for approval.
- iii. Proof of licensed security personnel (not members of sponsoring organization) to be present at event. This will be reviewed by the Director of Campus Safety for approval.
- iv. Organizations must attend a risk management training session and pass a quiz to be eligible to hold an event with alcohol.
- v. A post event meeting will be held between the event coordinator of the sponsoring organization(s) and the Director of Campus Life or designee who gave final approval of the event to assess the event. This meeting shall take place within five (5) working days after the event
B5. CAMPUS FACILITY USE
Values: Community, Respect
Access to Saint Leo University facilities is limited to Saint Leo students, faculty, staff and authorized visitors. Student Organizations must be registered with the Office of Student Involvement in order to access facilities without being charged. Classroom and administrative buildings are normally open on weekdays during daytime hours and locked on evenings and weekends. Unauthorized or illegal use of the facilities is prohibited.
Residential facilities are locked 24 hours daily. Campus Safety routinely patrols all campus facilities, including campus residences to check for unsafe conditions.
B6. COMPUTER & OTHER ELECTRONIC DEVICE MISUSE
Values: Excellence, Community, Respect, Integrity
- Computer Misuse:
a. Theft or other abuse of computer time includes, but is not limited to:
- Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
- Unauthorized transfer of a file.
- Unauthorized use of another individual's identification and password.
- Use of computing facilities to interfere with the work of another student, faculty, member or University Official.
- Use of computing facilities to interfere with normal operation of the University computing system.
- Use of computing facilities to violate or document violations of Federal, State or local laws or University policy.
- Electronic Device Misuse:
- Saint Leo students, faculty, staff and visitors are expected to uphold high standards of academic integrity and personal conduct while using camera phones and other electronic recording devices, such as film, digital and web cameras, etc., on campus. Saint Leo strictly prohibits the use of camera phones and other recording devices in any manner which violates or compromises academic integrity, University Core Values, or the expectation of privacy that individuals have a reasonable right to assume on campus. Those who violate this policy may be subject to disciplinary action up to and including termination of employment, academic dismissal, removal from campus, and/or criminal prosecution/civil liability.
B7. DAMAGE TO PROPERTY
Values: Community, Respect, Responsible Stewardship, Integrity
Damage and vandalism to personal property of others or University property is prohibited.
B8. DISCRIMINATION & HARASSMENT
Values: Community, Respect, Integrity
The University values a community atmosphere that is free of all forms of discrimination and harassment, and will endeavor to prevent discrimination because of race, color, religion, gender, sexual orientation, national origin, age, handicap, or military service. The University prohibits conduct which prevents free academic interaction and opportunities or which creates an intimidating, hostile, or offensive study or work environment.
STATEMENT ON HATE MOTIVATED VIOLATIONS
Saint Leo University defines hate motivated offenses as conduct (harassment or physical acts) directed at an individual(s) on the basis of age, race, ethnicity, gender, sexual orientation, religion, or disability with intention to intimidate or injure an individual(s), physically, mentally, or emotionally. Hate motivated offenses compromise the integrity of the Saint Leo University community and may constitute violations of the Saint Leo University Code of Conduct. Harsher sanctions may be imposed when behavior is proven to be motivated by hate. Students found responsible for such violations are subject to a range of disciplinary sanctions including University Dismissal. As in all cases of misconduct, including hate motivated offenses, both the accused student and the complainant have rights that are observed throughout the University's judicial process. These rights are contained in their entirety in the Code of Conduct.
Saint Leo University seeks to foster a safe environment conducive to learning and the free exchange of ideas. As such, Saint Leo University does not limit constitutionally protected speech. Saint Leo University; however, is steadfast in its intolerance for hateful behavior that is directed at an individual(s) with the motivation of causing harm. This position is a constitutionally permitted exercise of the University's authority to educate and discipline its students.
Members of the Saint Leo University community affected by hate motivated offenses are strongly encouraged to report the incident. Reporting hate motivated offenses does not in itself constitute a formal complaint nor compel one to file a formal complaint of misconduct. Such offenses can be reported (formally/informally) to a variety of offices on campus including, but not limited to: Campus Safety, Counseling, Residence Life, Student Involvement and Student Services.
B9. DISRUPTIVE BEHAVIOR
Values: Excellence, Community, Respect, Integrity
Any behavior that infringes on the rights, privileges, or property of others, or which impedes the safety of community members or the educational process is prohibited. This includes, but is not limited to: disruption or obstruction of teaching, research, administration, disciplinary proceedings, other University activities, including its events or community service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises.
Disruptive class behavior is unacceptable. Disruptive class behavior is behavior which, in the judgment of the instructor, impedes other students’ opportunity to learn and which directly and significantly interferes with class objectives. Should such behavior occur, the instructor may request the student to leave class and will refer the matter to the Assistant Vice President for Student Services or designee. Permission to return to class will be granted only after the student meets with the Assistant Vice President for Student Services or designee. Instructors are encouraged to refer to this policy in syllabi and to establish clear classroom behavior expectations. This policy may not be used to inhibit legitimate classroom dissent or discussion with the course instructor or other students.
B10. FALSIFICATION
Values: Excellence, Respect, Personal Development, Integrity
Falsification of any University records, including, but not limited to, records of admission, registration, financial aid, housing, student disciplinary, academic, health, and parking decals is prohibited. The University vigorously pursues allegations of deliberately providing false information to any campus official or providing false, altered, or forged academic records. This includes, but is not limited to, registration and drop/add forms.
B11. FIRE SAFETY
Values: Community, Respect, Integrity
Students are expected to act with due regard for the health and safety of others. Violations of this standard would include, but are not limited to, such behaviors as: failing to evacuate a building or failing to cooperate with authorities during a fire alarm or drill; deliberate or negligent activation of a false alarm; tampering with fire safety equipment; creating a safety hazard, starting a fire or causing an explosion. Students will be held financially liable for the fines imposed by the Fire Department, applicable expenses (clean up, recharging a fire extinguisher, etc.) and will be subject to disciplinary action.
B12. FIREWORKS, EXPLOSIVES, WEAPONS & OTHER DANGEROUS ITEMS
Values: Community, Personal Development, Integrity
The possession, use, or sale of weapons, ammunition, combustibles, fireworks, explosive devices or any other substance or devices designed to harm or incapacitate is prohibited on campus. "Weapons" are defined and include, but are not limited to, rifles, pistols, BB guns, paintball guns, pellet guns, stun guns, chemical weapons, knives (over 10 inches in length), slingshots, bows and arrows, and martial art weapons. Students who bring weapons to campus must register and store the weapons with the Campus Safety Office.
B13. HANDBILLS & NOTICES
Values: Community, Respect, Responsible Stewardship, Integrity
Posting of handbills, notices, and signs on University property is a privilege, not a right. All individuals, student organizations, businesses and vendors must receive permission from the Office of Student Involvement to post on the Saint Leo campus. Posting is restricted to certain designated bulletin boards. Posting outside of these areas, including common areas, benches, trees, utility poles, walls, and in residence halls, is prohibited unless specific permission is granted by the Office of Student Involvement. Approved information to be posted within the residence halls should be brought to the Office of Residence Life to be disseminated to staff members. Event promotional materials are prohibited from using direct or indirect references to alcohol . (See Social Event Guidelines)
B14. HAZING
Values: Excellence, Community, Respect, Personal Development, Integrity
Saint Leo University prohibits hazing. In the State of Florida, "Hazing means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under sanction of a university or college . . . . [Hazing] shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of food, liquor, drug, or other substance, or any other forced physical activity which could adversely affect the physical health or safety of the individual, and shall include any activity which could subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which adversely affects the mental health or dignity of the individual . . . . Any activity as described above upon which the initiation or admission into or affiliation with a university or college organization is directly or indirectly conditioned shall be presumed to be forced activity, the willingness of an individual to participate in such activity notwithstanding." [Florida Statute 240.262]
Effective July 1, 2005 - the Chad Meredith Act makes dangerous hazing a crime in Florida. The bill, named for a University of Miami freshman who drowned in a campus lake while trying to join a fraternity in 2001, makes hazing that results in serious injury or death a felony punishable by up to five years in prison, even if the victim consents. Florida is now one of eight states that makes some types of hazing a felony.
B15. IDENTIFICATION CARDS
Values: Excellence, Respect, Integrity
An identification card is issued to each student and shall be carried at all times while on campus. Students living in certain Residence Halls on campus will need the card for entrance to the facility. The card is used for checking books out of the library, purchasing food in the dining hall, admission to athletic contests, and making purchases at the University Bookstore and the Convenience Store (Lion’s Lair). Lending this card for any purpose to anyone, failure to present it when requested by a University official or falsification/alterations of identification card is prohibited.
The possession, use, manufacture or sale of government issued identification cards is strictly prohibited. The State of Florida considers fake identification cards as felony offenses.
B16. ILLEGAL SUBSTANCES
Values: Excellence, Community, Respect, Personal Development, Integrity
Saint Leo University disapproves of both the illegal use and the distribution of drugs. The University expects all members of the community to comply with state and federal laws pertaining to illegal drugs. The sale, purchase, manufacture, possession, distribution and illegal use of controlled substances, drugs and drug paraphernalia are prohibited. Saint Leo accepts Florida statutory definitions of drugs and drug paraphernalia.
The University responds to the issue of substance abuse in three ways: education for the University community about drug use and its consequences, confidential counseling for those with personal problems related to illegal substance abuse/use, and disciplinary action. As a corporate citizen of the community, and in the spirit of our Core Values, the University must pursue all means possible to support the laws regarding illegal drug use. The campus is not a sanctuary from Law Enforcement Agents.
- Disciplinary Action
- The Assistant Vice President for Student Services or designated Student Services staff(s) will investigate and conduct an administrative hearing with students charged with violating the University policy regarding illegal drugs and/or drug paraphernalia. Minimum guidelines for sanctions associated with illegal use of drugs are listed below. If warranted, the University reserves the right to impose more severe sanctions. Parental notification will occur through the Assistant Vice President for Student Services or designee when appropriate.
- The sanction for the first offense possession and/or use of a small quantity of marijuana (as defined by Florida statutes) or drug paraphernalia will be
- Disciplinary probation and Deferred Suspension, and/or possible Suspension from the University (without financial refund)
- Community Service 15 hours
- Mandatory Drug Counseling
- Parental Notification
- Coach Notification (if applicable)
- Participate in an on-line course designed to assist students with marijuana-related topics and healthy lifestyle choices. There is a fee associated with this course.
- Illegal Substance Use/Dependency Evaluation. Additionally, students found in possession of marijuana (excludes paraphernalia) will be required to be evaluated for drug use and dependency. Such evaluation will be at the student's expense and the student must agree to release the results of that evaluation to the designated University official. The student will be required to follow through on any treatment plan the evaluator deems appropriate. Failure to follow this agreement may result in the suspension from the University.
- The sanction for a second offense will be a minimum of a two semester suspension (without financial refund) from Saint Leo University.
- The sanction for possession and/or use of any other illegal substances or large quantities of marijuana will be a two semester suspension or permanent dismissal (without financial refund) from the University Campus of Saint Leo University.
- The sanction for sale, manufacture or distribution of any illegal substances will be separation from the University Campus of Saint Leo University without the opportunity for readmission or financial refund.
- Education
- Courses, programs, workshops and training sessions developed and coordinated by various departments will be presented throughout the academic year. Additional programs will be presented throughout the year to the general student population and student leaders (SGU, Orientation Leaders and/or Residence Life staff).
- The Office of Student Services will work cooperatively to provide information sessions throughout the academic year. Major campus events will be sponsored during theme weeks (e.g., National Collegiate Drug Awareness Week, etc.)
- Counseling
- a. The Office of Counseling and Career Services provide confidential, personal counseling. The office is staffed with a licensed mental health counselor and other counseling staff with substance abuse treatment backgrounds. Off-campus referrals will be made on a request basis or if deemed appropriate. These services are confidential and follow the ethical standards and guidelines of the American Counseling Association.
- Residence Hall Searches
- Campus Safety Officers and a Student Services professional staff (typically Associate/Assistant/Hall Director, Residence Life) may obtain verbal approval from the Assistant Vice President for Student Services or designee to search a student room or common area when:
- Drug paraphernalia are observed by a University Official or,
- It is reasonably determined by a Campus Safety Officer and/or a professional member of the Student Services staff (typically an Associate/Assistant/Hall Director, Residence Life) that the odor of an illegal substance is emanating from a particular room.
- In all instances, both a Campus Safety Officer and a professional member of the Student Services staff (typically the on-duty Associate/Assistant/Hall Director, Residence Life) will conduct the search. Written notice of the search authorization will be given to room occupants within 72 hours after the search, as stipulated in the Guides to Residence Hall Living - 17. Room Search.
In accordance with the Higher Education Act (20 U.S.C. 1091- r), the following notice is being provided:
“A student who is convicted in a court of law of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any federal grant, loan, or work assistance . . . shall not be eligible to receive any federal grant, loan, or work assistance . . . from the date of that conviction for the period of time specified in the following table:
If convicted of an offense involving:
The possession of a controlled substance:
First offense: 1 year ineligibility
Second offense: 2 years ineligibility
Third offense: Indefinite ineligibility
The sale of a controlled substance:
First offense: 2 years ineligibility
Second offense: Indefinite ineligibility"
B17. LAWS (FEDERAL, STATE & LOCAL)
Values: Excellence, Community, Respect, Personal Development, Responsible Stewardship, Integrity
Students are responsible for compliance with all public laws. Any act which could constitute a violation of public laws may establish cause for legal and/or disciplinary action by the University. The campus is not a sanctuary from Law Enforcement Agents. Law Enforcement Agents have jurisdiction on campus and, when possessing proper documents, may legally make arrests or search any room or building without prior notice to University officials. Moreover, the University cannot intervene to protect an accused person from the consequences of their arrest or conviction, on or off campus.
B18. MOTOR VEHICLES
Values: Community, Respect, Personal Development, Integrity
Students are expected to register motor vehicles with the Campus Safety Office and to operate motor vehicles in accordance with Saint Leo University Parking and Traffic Regulations and county and state laws. Copies of Saint Leo University Parking and Traffic Regulations are available at the Campus Safety Office.
B19. REQUESTS OR ORDERS
Values: Excellence, Community, Respect, Personal Development, Integrity
Students are required to comply with reasonable requests or orders by authorized University officials or representatives acting in behalf of the University, including Residence Life student staff. Violations of this requirement include, but are not limited to, reasonable requests for appointments in administrative/faculty offices and:
- Failure to attend a scheduled hearing with an Administrative Hearing Officer.
- Falsification, distortion, or misrepresentation of information before an Administrative Hearing Officer.
- Disruption or interference with the orderly conduct of a judicial proceeding.
- Attempting to discourage an individual's proper participation in, or use of, the judicial system.
- Attempting to influence the impartiality of an Administrative Hearing Officer prior to, and/or during the course of, the judicial proceeding.
- Harassment (physical, mental or verbal) and/or intimidation of an Administrative Hearing Officer prior to, during, and/or after a judicial proceeding.
- Failure to comply with the imposed sanction(s).
- Influencing or attempting to influence another person to commit an abuse of the judicial system.
B20. RESIDENTIAL LIVING
Students who live in campus residence halls are expected to comply with the Guides for Residential Living. All students in a room will be held responsible for behaviors or objects in that room, regardless of whether they were participating in the behavior, were in possession of the items, or how long they may been in the room. When a student enters a room where a violation is taking place, under the "implied consent" policy, the student is putting themselves at risk of disciplinary action.
All students residing in University owned housing MUST provide proof of the meningitis and hepatitis B vaccines (recorded on the Immunization Form), unless proof of medical or religious exemption are provided, before a housing assignment is issued.
B21. SEXUAL MISCONDUCT
Values: Excellence, Community, Respect, Personal Development, Integrity
The following behavior is considered to be sexual misconduct and is prohibited by Saint Leo University, whether or not it constitutes a violation of law. (Note: This list is not intended to be exhaustive of prohibited sexual activities).
Sexual Harassment: Any conduct which emphasizes the sexuality or sexual identity of a person in a manner which prevents or impairs that person's full enjoyment of educational benefits, climate, or opportunities. In cases involving alleged sexual harassment, students should contact the Assistant Vice President for Student Services. Complaints of sexual harassment should follow the procedures outlined in Section C7 of the Code.
- Sexual Imposition: Sexual touching or requests for sex when the offender knows that such behavior is offensive to the victim or when the victim's judgment is impaired.
- Public Indecency: Exposing one's body in such a manner that it may be seen by someone who could be offended.
- Voyeurism: Trespassing, spying, or eavesdropping for sexual arousal.
- Sexual Battery: Sexual conduct when the victim does not consent, or when there is force or the threat of force; or when the victim's judgment is impaired.
Definition for the purposes of this policy: Impaired is defined as temporary incapacity to evaluate or control conduct, because the person is unconscious, asleep, intoxicated or under the influence of other drugs or for any other reason physically unable to communicate consent. Consent is defined as intelligent, knowing, and voluntary agreement.
B22. SMOKING
Values: Community, Respect, Personal Development
Florida Clean Indoor Air Act (s.386.205-209 and 386.211) stipulates that there be no smoking in any educational facility in the state. This includes residence hall rooms and balconies adjacent to student rooms. Additionally, a minimum distance of 25 feet from a building entrance/exit has been established before designating a smoking area. A fine structure is imposed for the first three infractions after which alleged infractions will be forwarded for judicial action.
B23. SOLICITATION
Values: Excellence, Community, Respect, Responsible Stewardship, Integrity
The University prohibits solicitation, sales, or door-to-door canvassing by students or non-students on University property except with permission of the Director of Campus Life or designee. No concession for profit will be operated on University property without the written permission of the Director of Campus Life or designee.
Solicitation in the Residence Halls by anyone requires approval of the Associate Director of Residence Life. The following guidelines will be used:
- No door-to-door solicitation of any type will be permitted in any residential living unit.
- Presentations by nonprofit organizations in common areas will be permitted pending written approval by the Office of Campus Life. These presentations may not infringe in any way upon the rights of the residents living in that building.
- "Home Shows" hosted by students in their rooms with the intent of promoting or selling a company's products MUST be registered in advance with the Office of Campus Life. The office has the right to research the company for legitimacy.
B24. THEFT OR UNAUTHORIZED POSSESSION
Values: Excellence, Community, Respect, Personal Development, Responsible Stewardship, Integrity
The taking, sale, or possession of property without the expressed consent of the owner is prohibited.
B25. USE OF SAINT LEO UNIVERSITY NAME OR SYMBOLS
Values: Excellence, Integrity
No individual, group or organization may use Saint Leo University name, seal, symbols, logos, slogans, or songs without the written authorization of the Assistant Vice President for Student Services and the Office of Public Relations except to identify institutional affiliation.
B26. VISITORS
Values: Community, Respect, Integrity
Students are welcome to bring visitors to the campus but must assume responsibility for the conduct of their visitors. Students choosing to have their guest stay with them on campus must comply to the following:
- Residents may have a guest stay in campus housing a total of three days in a semester. In special circumstances, the Office of Residence Life may grant permission to extend a stay to seven days in a semester. A guest is defined as an individual not residing within this particular room/building.
- Guests staying in excess of three days in any semester must be registered with the Office of Residence Life.
- Guests are not permitted unless all roommates consent to their presence.
- A student host is responsible for the actions of his or her guest while they are on campus. Therefore, a student host will be held accountable through the judicial system for individual policy violations by their guests. Guests must be escorted and are expected to abide by all campus regulations.
C. OTHER UNIVERSITY POLICIES/PROCEDURES
C1. ASSEMBLY, INQUIRY & EXPRESSION
In support of and within the parameters of the University Core Values, students are free to examine and discuss all questions of interest to them and to express their opinions publicly and privately. Students are free to support causes in any orderly manner, including organized protests which do not disturb the normal and essential functions of the University and that support the University Core Values. These policies are designed to ensure that every student be given the opportunity and freedom to learn.
- Invited Speakers/Performers
- Students and registered student organizations may invite and hear any person of their own choosing, subject to supporting the University Core Values and the requirements for use of institutional facilities and funds.
- Protesting on Campus
- The right of peaceful protest is recognized within the institutional community. Orderly picketing and other forms of peaceful protest are not to be prohibited on the institutional premises, however, reasonable conditions may be imposed to regulate the timeliness of requests and to determine the appropriateness of the space.
- Interference with ingress and egress at institutional facilities, interruption of classes or institutional operations or damage to property exceeds permissible limits of behavior and will not be permitted.
- Even though remedies are available through local enforcement bodies, the institution may choose instead to impose its own disciplinary sanctions in cases of disorderly picketing and unpeaceful protests.
- Every student has the right to be interviewed on campus by any legal organization which is recruiting at the institution. Reasonable conditions may be imposed to regulate the timeliness of requests and to determine the appropriateness of the space. Any student, any group, or any registered organization may protest against such organization provided that protest does not interfere with any other student's rights to have such an interview.
- Student Media
- The student press, radio, and TV station are to be free to express ideas and viewpoints in support of the University Core Values. The editors and managers shall not be arbitrarily prohibited from establishing and expressing editorial views because of student, faculty, administration, alumni, or community disapproval of content. This freedom entails a corollary obligation under the canon of responsible and applicable regulations of the Federal Communications Commission and Associated Press. All student communication shall explicitly state in the publication or broadcast that the opinions expressed are not necessarily those of the institution or its student body.
- All student media are required to be registered with the Office of Student Involvement on an annual basis. Organization registration of all media groups must include: an organization constitution or statement of purpose and stylebook (including safe harbor and FCC guidelines for TV/radio), editorial, advertising/underwriting, and business policies. All policies must be in compliance with University Core Values, FCC laws, Associated Press journalistic practices, and University policies and procedures.
- The University believes that the student media contribute to the educational mission of the institution, although the views and ideas presented may not represent the institutional perspective. Advisers provide input and feedback to aid the decision-making process while allowing for free press. Decisions with regards to the internal policies and practices within each organization are based on the Mission and Core Values of the University.
C2. CAMPUS ORGANIZATIONS
Students are encouraged to organize and join associations that promote their common interests. A group shall become an organization when registered by the institution through the Office of Student Involvement. The institution believes in the co-curricular experience and its potential contribution to building community. The institution recognizes leadership skill development opportunities present in co-curricular life and their contribution to the educational mission. Institutional registration of an organization does not indicate endorsement by the University of the aims, objectives, or policies of that organization.
Specific requirements for registration include: organization constitution, national policies where appropriate, agreement of a full-time Saint Leo faculty and/or staff member to serve as adviser, and a membership roster. All constitutional documents of students organizations, such as charters, constitution bylaws, regulations, policies, etc., are subject to administrative review and approval by the Office of Student Involvement. Campus organizations will be required to register annually in order to facilitate institutional communication with organization officers when necessary. A formal registration will be required at the time of formation. Annual registration after the formation shall include a list of newly elected officers, update membership roster and any changes to the organization's constitution or statement of purpose.
Campus organizations are responsible for adhering to the University policies and Core Values. Violations by a campus organization will result in an administrative hearing by the Assistant Vice President for Student Services or designee. Secret societies are prohibited.
Social fraternities and sororities will be governed by the Interfraternity Council and the Saint Leo Panhellenic Association. The Associate Director of Campus Life for Student Involvement will serve as the adviser to each of these governing bodies. Each national organization and/or local organization affiliated with either of these governing bodies is required to provide the Office of Student Involvement with a copy of its national as well as local constitution and insurance policy when applicable. Nationally affiliated groups that wish to organize on the Saint Leo University campus must be approved by the appropriate governing body and the University. The Saint Leo Panhellenic Association and Interfraternity Council must have their extension procedures on file with the Office of Student Involvement.
The Saint Leo Student Government Union (SGU) will serve as the student voice in institutional decision making. The student voice is critical to the educational mission of the University. The SGU Executive Board shall be elected by a simple-majority vote among the full-time University Campus students annually each Spring term. The Director of Campus Life or designee shall serve as the adviser to the Student Government Union. The adviser serves as a liaison between the institution and students on issues including the institutional decision-making processes and encouraging active student participation in academic and campus life. To ensure democratic practice, all Student Government Union meetings must be open to the public.
C3. CRIME REPORTING
In compliance with the Crime Awareness and Campus Security Act of 1990: Public Law 101-542, a detailed report may be found on-line. A complete copy of the law is available in the Student Services office located in the Student Activities Building, first floor and the Campus Security & Safety Office.
Members of the Saint Leo community are encouraged to be alert for suspicious or criminal activity and to accurately and promptly report criminal action and other emergencies which occur on the Saint Leo University campus. Emergency phones are located throughout the Saint Leo University campus for the safety and convenience of students, faculty, staff, and visitors.
C4. DISABILITY POLICY
Saint Leo University is committed to equal access and does not discriminate unlawfully against persons with disabilities in its policies, procedures, programs or employment processes. The University recognizes its obligations under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 to provide an environment that does not discriminate against persons with disabilities.
A disability is defined as: a physical or mental impairment which substantially limits one or more major life activities such as caring for one's self, performing manual tasks, walking, seeing hearing, speaking, breathing, learning, or working. Individuals with a history of such an impairment or who are regarded as having such an impairment are covered under these procedures.
If students believe that they require an accommodation, they must provide the following information:
- They must identify themselves as persons with a disability, and
- They must identify the nature of the accommodations desired, and
- They must provide adequate medical or other appropriate documentation of the disabilities and the desired accommodations. Such documentation must be no more than 3 years old.
- The Director of Disability Services will coordinate all accommodations for the University. Specific documentation and accommodation guidelines may be obtained from the Office of Disability Services
- If a student is dissatisfied with the accommodation offered, he or she may appeal to the Director of Academic Student Support Services or designee.
C5. DRUG FREE SCHOOLS AND COMMUNITIES ACT
In compliance with the Drug Free School and Communities Act of 1989, the philosophy and educational services provided by Saint Leo University are located in the Code of Conduct under the Illegal Substance policy. All members of the academic community -- students, faculty, administrators and staff members -- share in the responsibility for protecting and enhancing an environment committed to the pursuit of this objective, while maintaining the highest standards of professional and personal conduct. The illegal and/or abusive use of drugs or alcohol by any member of the academic community adversely affects the educational environment. Saint Leo University is therefore committed to having a campus that is free of illegal drug use and drug or alcohol abuse.
C6: HOSPITALIZATION
MEDICAL AND MENTAL HEALTH WITHDRAWALS
Introduction
Saint Leo University cares deeply about the physical and mental health of its students. Therefore, health and counseling services are available on campus. At times however, a student may experience such extreme medical or psychological conditions that the ability to function successfully or safely in the role of a student is significantly impaired. Students are encouraged to prioritize their health and safety and take steps toward recovery, even if academic progress must be delayed. The University will support student-initiated self-care plans and/or initiate action that considers the welfare of the individual student and the University community. In order to address these issues, the university has in place a Student Health Committee (SHC). The SHC is comprised of, but not limited to, the Assistant Vice President for Student Services (convener), Administrator for Academic Advising, Directors of Campus Life, Career & Counseling Services, and the Health & Wellness Center. All medical withdrawals follow the tuition and fee reimbursement policy as outlined in the Catalog.
Procedures
Medical Interim Suspension
The SHC may invoke a medical interim suspension for up to one week upon a student’s medical or psychological hospitalization, emergency, or during a medical evaluation period. Students who are medically suspended for any health reason are temporarily not allowed to participate in any University activities, attend classes, reside in or visit on-campus student housing, and may not be on campus except to attend a meeting or hearing related to his/her case. This interim period allows time for a student to receive the needed medical and/or psychological care, and for all parties to consider an evaluation of readiness to return to the University. The student must follow the clearance procedures listed below before returning. Students who are medically suspended will be notified in writing and will have the opportunity to address the basis for the decision by contacting the Assistant Vice President for Student Services. Faculty will be notified of student absence from class (but not the cause of absence) so that the student will be able to continue to make appropriate and adequate academic progress.
Voluntary Medical Withdrawal
Students are encouraged to request a voluntary medical withdrawal when they believe their physical or mental health problems are preventing successful engagement in and completion of, academic course work; when safety is in question; or when the demands of college life are interfering with the ability to recover from, or adjust to a significant physical or mental health challenge. Students interested in pursuing a voluntary medical withdrawal may wish to discuss this option with providers at the Health & Wellness Center or the Counseling Services Office, or they may independently initiate the process through the Assistant Vice President for Student Services’ office. After the voluntary withdrawal is approved, the person is no longer considered a student and must immediately leave campus and, if applicable, officially check out of on-campus housing.
Students who make this choice must follow the clearance procedures listed below.
Involuntary Medical Withdrawal
In rare circumstances, the SHC may determine that a student must be involuntarily medically withdrawn. Those who are medically withdrawn for any health reason are not allowed to participate in any University activities, attend classes, reside in or visit on-campus student housing, and may not be on campus except to attend a meeting or hearing related to his/her case. Examples of situations that might result in an involuntary medical withdrawal include the following:
• Professional evaluations following a medical interim suspension do not support a student’s readiness to return;
• A student fails to complete the required assessment during a medical interim suspension;
• Contagious disease or infection;
• A known condition has deteriorated (e.g., a student with an eating disorder), rendering the student to be in possible imminent danger and/or incapable of functioning as a student. In most cases, these situations can be handled through voluntary medical withdrawals; however, if the student is unwilling to pursue a voluntary withdrawal, the SHC may invoke its right to involuntarily withdraw a student. The SHC will recommend assessment and/or treatment conditions needed to return to Saint Leo University. The student must follow the clearance procedures listed below.
Clearance Procedures
Any student who has been transported to the hospital (for any reason regardless of severity), and/or placed on a medical interim suspension or an involuntary medical withdrawal will need to complete the following clearance procedures before being allowed to return to the University. The following steps are designed to ensure that a health emergency no longer exists and a treatment plan for continuing good health and safety is in place. Note: Depending on the situation, students may complete these procedures on different timelines. Some students may complete these steps within hours/days of the incident or medical interim suspension notice while others may wait several months before pursuing a return to the University.
1. The student must be assessed by an appropriate outside professional, whose opinions will be advisory to the University. The professional, who is selected by the student, must be a licensed psychologist or psychiatrist if evaluating mental health concerns, and must be a licensed physician if the evaluation is regarding other medical concerns. Further, all providers must be unrelated to the student and must have specialty/credentials appropriate for the condition of concern (e.g., an eating disorder or substance abuse specialist). To make an accurate assessment, before conducting the evaluation the provider must be given information related to the precipitating events that led to the leave.
This typically would involve the student signing a release allowing the University (e.g., the Health & Wellness Center, Counseling Services Office, or Assistant Vice President for Student Services) to share information regarding relevant incidents or concerns, and if applicable, recent hospital records. The student will be responsible for any cost incurred by the evaluation.
2. The outside mental health or medical professional, with the student’s written permission, must provide directly to the University an assessment of current functioning of the student and provide written recommendations regarding:
a) given the precipitating events, the student’s readiness to return to the academic and co-curricular demands of University life;
b) the student’s readiness to live in the on-campus residential community;
c) ongoing treatment or testing needs;
d) any conditions or restrictions that the University should impose; and
e) the student’s readiness to return to competitive sports, if the student is a collegiate athlete. Note: The University team physician, in consultation with the Saint Leo University Director of the Health & Wellness Center and/or Counseling Services Office, will ultimately make the decision regarding athletic involvement but will consider this outside evaluation in making such a determination.
3. After the evaluation results and treatment documentation have been provided, the student must meet with a SHC representative (typically the Assistant Vice President for Student Services or directors of the Counseling Services Office or Health & Wellness Center). The evaluation and the student’s own perception regarding readiness to return, needs, and plans for treatment will be discussed. Additionally, the representative will consider how the outside evaluator’s recommendations fit with the realities of student life at Saint Leo University and services that are available on campus or in the community.
4. The SHC will meet and consider a number of factors about the student’s ability to return to Saint Leo University. These factors include the outside evaluator’s recommendation and the results of the student’s meeting with the SHC representative to inform its re-entry decision. Students will receive written notification of the SHC’s decision about clearance return to the University.
C7. MAIL ROOM
All student mail is available in the Campus Mail Room. Student mail will be in mailboxes for pickup by 11:00am Monday – Friday, except on University Holidays when the University is closed. Only students living on campus may be issued a key and mailbox. Students are responsible for accessing their own mailbox. Mail Room staff is not permitted to check mailboxes and/or distribute mail through the window. As with all University owned keys, there will be a replacement charge for any lost mailbox key of $100.
DHL, FEDex, UPS, & USPS deliver daily to the University and packages will be available for pickup between the hours of 8:00 AM & 5:00 PM, Monday thru Friday, except on holidays recognized by the University. Student packages are delivered to the Mail Room and will receive a package notification slip in their mailbox after the package has been checked in, please allow for 30 minutes of processing time after arrival. Students must present University or picture I.D. and package slip to receive their package. Students wanting to send packages UPS, FEDex, and DHL may do so at the Campus Mail Room with credit card only.
All mail/packages being shipped to a student must be addressed as follows:
Student Name
Saint Leo University
P.O. Box 5555 MC#______
33701 State Road 52
Saint Leo, FL 33574
Please Note Any mail incorrectly addressed may be refused by the United States Post Office due to insufficient address and not reach its final destination. It is the student’s responsibility to supply sender’s the correct address and failure to do so may result in lost or undeliverable mail.
C8. STUDENT GRIEVANCE PROCEDURES
A discrimination grievance is a complaint or report of an injury, injustice or wrong in which the grounds for complaint are based on race, color, religion, sex, national origin, age, disability, veteran status, or sexual orientation.
Saint Leo University is committed to creating and maintaining a community in which students, faculty, and administrative and academic staff can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation. Specifically, every member of the University community should be aware that Saint Leo is strongly opposed to discrimination, sexual harassment and inappropriate behavior of any kind, and that such behavior is prohibited both by law and by University policy. It is the intention of the University to take whatever action may be necessary to prevent, correct, and, if necessary, discipline for behavior, which violates this policy.
Eligibility and Time for Filing:
All students may use this procedure for discrimination related grievances, except those involving grade appeals. Faculty and staff must use the procedures outlined in the appropriate handbook. Grievances should be reported immediately upon occurrence of the events leading to the complaint, injury or wrong, and in any event must be reported within 180 days of such event unless the University determines that good cause for an extension has been established.
Overview:
Many complaints can be resolved through open discussion between the parties involved. Individuals are encouraged to engage in direct consultation with each other so the problem can be solved through conciliation, if possible. An individual is in no way required to directly approach an offender, and may initiate the grievance procedure by reporting to the Assistant Vice President for Student Services. The Director of Human Resources (or its designee) will act as resource for the Assistant Vice President for Student Services and may take part in the investigation of the complaint. The Director is also available for questions and information about discrimination and harassment. When a student believes the Assistant Vice President for Student Services is involved in the alleged discrimination, the student must report the actions to the Vice President for Continuing Education and Student Services. In the event a grievance is filed with the Vice President for Continuing Education and Student Services, then the Vice President for Continuing Education and Student Services or designee will take the role of the Assistant Vice President for Student Services described herein.
If a student seeks the advice of the Assistant Vice President for Student Services on a matter of sexual harassment, sexually inappropriate behavior or any kind of discriminatory behavior, the Assistant Vice President for Student Services must report this behavior to the Vice President for Continuing Education and Student Services. Every effort will be made to ensure the confidentiality of the complainant. No student shall be disciplined for filing a good faith grievance or report of discrimination or inappropriate behavior.
Any student who believes that (s)he is the victim of discrimination or inappropriate behavior may elect to follow the procedures detailed below. If a student files a complaint under a procedure other than the Discrimination Grievance Procedure, (s)he cannot elect to have the same complaint heard under the Discrimination Grievance Procedure. However, if a student believes (s)he has been discriminated against on the basis of race, gender, color, religion, national origin, disability, age, military service, marital status, or sexual orientation during the process of a complaint other than under the Discrimination Grievance Procedure, (s)he may file a complaint under the Discrimination Grievance Procedure.
If a student exercises his/her rights to file a complaint with a government agency or files a court action, the University reserves the right to terminate the grievance process. In the event that a student has already commenced his/her grievance procedure at the time the student files a complaint with any governmental agency including a state or federal court, the student shall notify the Assistant Vice President for Student Services of that fact. If the University chooses to terminate the grievance process, the Assistant Vice President for Student Services will notify all parties involved.
Files on the grievance procedure maintained by the Assistant Vice President for Student Services will only be released to others with the written permission of the Vice President for Continuing Education and Student Services.
Burden of Proof:
In all cases, the burden of proof rests with the complaining party. The Assistant Vice President for Student Services will be available to assist in fact finding but in no way will be responsible for proving the complainant's charge.
Mediation:
Students may elect to utilize the Mediation Program. This program is designed to help resolve disputes in a more informal way than through the grievance process. It facilitates solutions without having to file a formal grievance. A mediation does not impose any solution but helps parties reach a mutually agreed upon solution.
Mediation is a non-adversarial process that does not guarantee a resolution but is a good way to discuss disputes. Participation in a mediation process does not mean that an individual gives up any rights to file a grievance or any other formal procedure. Further, both parties must agree to mediate a dispute. No one can be forced into mediation. Mediation is not a process that imposes punishment, determines facts or decides who is right or wrong. Mediation is a process whereby miscommunication can be cleared up, individuals agree on solutions and people are empowered to make changes.
If mediation between the parties is (a) not appropriate or (b) not possible, or (c) does not lead to resolution, the Assistant Vice President for Student Services shall proceed to investigate the report or complaint. Mediation does not preclude the University from conducting an investigation of a complaint or taking such disciplinary action as it determines is appropriate or necessary.
Grievance Investigation:
When a grievance is filed, the Assistant Vice President for Student Services will notify the person named in the complaint ("Respondent") and provide the Respondent with a copy of the complaint. The Respondent may submit to the Assistant Vice President for Student Services a written response to the complaint within five (5) working days, and the appropriate Dean will send a copy to the complainant.
As soon as is practical, the Assistant Vice President for Student Services, or an individual(s) appointed by the Assistant Vice President for Student Services, will initiate an investigation of the complaint and where possible, attempt to reach conciliation between the parties. During this period, the Assistant Vice President for Student Services will have access to all information pertinent to the case, may meet with any individual with information related to the case, and will inform the Vice President for Continuing Education and Student Services. Upon the conclusion of the investigation, assuming all reasonable efforts to conciliate have been exhausted, the Assistant Vice President for Student Services will present a report to the Vice President for Continuing Education and Student Services. The Assistant Vice President for Student Services shall make a recommendation for resolution to the Vice President for Continuing Education and Student Services who will strive to make a final determination within thirty (30) working days. All the time limits here may be extended at the discretion of the Assistant Vice President for Student Services.
Appeals:
If the Assistant Vice President for Student Services’ determination is not acceptable to either the Complainant or Respondent, the decision may be appealed within ten (10) working days to the Vice President for Continuing Education and Student Services. The Vice President for Continuing Education and Student Services will then convene a grievance committee.
The grievance committee shall be formed as follows. The Vice President for Continuing Education and Student Services, with the assistance of the Assistant Vice President for Student Services will select a list of 6 faculty, staff or student members. A list of these 6 individuals will be provided to the Complainant and Respondent. The grievance committee shall consist of one individual chosen by the Complainant, one individual chosen by the Respondent, and a third chosen by mutual agreement of the two parties. If mutual agreement is not reached, the Vice President for Continuing Education and Student Services will select the third member of the grievance committee. The grievance committee shall review the complaint, any response, any report of the Assistant Vice President for Student Services or his/her agent, any documents provided by Complainant or Respondent, and all other documents it deems appropriate. The grievance committee shall also have the option, but not the obligation, to schedule a hearing and take testimony from the parties and other witnesses. Upon conclusion of its review and/or investigation, the hearing committee will deliberate and shall make a written report, including its conclusions and recommendations to the Vice President for Continuing Education and Student Services. The Vice President for Continuing Education and Student Services shall then have the option of amending his determination based on the recommendations of the grievance committee. The Vice President for Continuing Education and Student Services determination shall then be final.
Both Complainant and Respondent shall have the option of assistance by an Individual of their choice from the University faculty, staff or student body during all portions of the Grievance procedure, provided that the chosen faculty, staff or student is willing to participate in the process. Third parties shall not be allowed to participate.
C9. STUDENT RECORDS
Saint Leo University adheres to the rights accorded to students with regard to their educational records as set forth in the Family Educational Rights and Privacy Act (FERPA) of 1974 and as subsequently amended. This federal legislation protects the confidentiality of students' records. It also affirms the student's rights to inspect the contents of his or her educational records, to seek to have the records amended, and to have some control over the disclosure of information from the records. Educational records are maintained in the offices of the Student Services, Student Records, Bursar, and Student Financial Planning.
Saint Leo University reserves the right to release "directory information" as defined by the Family Educational Right and Privacy Act. Saint Leo University releases the following directory information: name, class, hometown and state, major field of study, participation in the officially-recognized sports, weight and height of members of athletic teams, dates of attendance, degrees, awards and honors achieved in the curricular and co-curricular life of the University, the most recent previous educational institution attended by the student, and individually identifiable photographs of the student solicited by or maintained directly by Saint Leo University as part of the educational record.
A full copy of the University policy with regards to FERPA and forms for consent to release, dependency status, and request to withhold release of directory information are available in the Office of the Registrar. Students have an opportunity to complete these forms during the check-in process every fall and may request in writing to release or withhold specific information annually.
This policy is subject always to the provisions of the Family Educational Rights and Privacy Act of 1974 and as subsequently amended.
C10. COPYRIGHT, PATENT, AND INVENTION POLICIES
The following policy is reproduced from the University Policy Manual on Copyright, Patent, and Invention Policies:
2.7.1 Copyright Guidelines
It is Saint Leo University’s policy to comply with United States copyright law, including the Digital Millennium Copyright Act (DMCA) and the Technology, Education and Copyright Harmonization Act (TEACH). The University further acknowledges that copyright law applies to digital resources and that any unauthorized distribution or redistribution of music, movies, text, software, or other protected media may be a violation of the law. The University’s values encourage all members of the University community to exercise individual stewardship in understanding and upholding the provisions of the copyright law and respecting the copyrights of others.
The University’s complete policy on copyright, patent, and invention ownership is available in Subsection 2.7.2.
2.7.1.1 The TEACH Act
The Technology, Education, and Copyright Harmonization Act (TEACH) was signed into law on November 2, 2002. The Act updates copyright law in the area of digital distance education and, if numerous requirements are met, facilitates the use of copyrighted materials in digital distance education efforts without having to obtain prior permission from the copyright owner. It is an effort to simulate fair use as allowed by copyright law.
However, TEACH imposes certain requirements on the use of copyrighted materials in distance education. TEACH is more restrictive than the law allowing face-to-face instructional use of copyrighted materials. For uses that fall outside the scope of TEACH, the user should seek permission or evaluate the use under the fair use exemption of the copyright law.
TEACH is a compromise between the needs of academe to make free use of copyrighted materials as an efficient and effective teaching tool, and the needs of copyright holders to protect the value of their work effort. Most of the TEACH requirements are designed to allow transmission of copyrighted works (or parts thereof) to a legitimate student audience for a limited time, without permission or license fees, while preventing dissemination that could undermine the market for the works.
In general, faculty who want to incorporate works into digital transmissions for instructional purposes pursuant to TEACH must:
1. Not use unlicensed commercial works that are sold or licensed for purposes of digital distance education.
2. Not use pirated works or works where the faculty member otherwise has reason to know the copy was not lawfully made.
3. Limit the use of works to an amount and duration comparable to what would be displayed or performed in a live physical classroom setting. TEACH does not authorize the digital transmission of textbooks or course packs to students.
4. Faculty should interactively use the copyrighted work as part of a class assignment in the distance education course. It should not be an entertainment add-on or passive background/optional reading.
5. Use software tools provided by the University to limit access to the works to students enrolled in the course, to prevent downstream copying by those students, and to prevent the students from retaining the works for longer than a ¯class session.
6. Notify the students that the works may be subject to copyright protection and that they may not violate the legal rights of the copyright holder.
Use the Teach Checklist (See Appendix 2.7.1.1) to make sure all requirements have been met.
2.7.1.2 Fair Use
The University seeks to encourage the fair use of copyrighted materials, balancing the research needs of faculty, students, and staff while respecting the intellectual property rights of copyright holders and abiding by the pertinent laws governing usage of copyrighted materials. According to Title 17, Chapter 1, Section 107 of the U.S Copyright law:
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
For a more complete set of guidelines, see Fair Use Guidelines for Educational Multimedia developed by The Consortium of College and University Media Centers.
2.7.1.3 Resources
For additional reading on intellectual property issues, and copyright in particular, see these online resources.
1. The American Library Association;
2. Bitlaw on technology law;
3. Digital Millennium Copyright Act at EDUCAUSE;
4. Intellectual property law at www.intelproplaw.com; and
5. U.S. Copyright Office.
The University of Tennessee has been recognized as a good source of copyright information. The following links are some essential samples of the information available through the UT System:
1. The Electronic Challenge for Copyright Law (6 pages) http://www.utsystem.edu/OGC/IntellectualProperty/chalenge.htm
2. UT System Crash Course in Copyright http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm
3. UT System Digital Library: Copyright Tutorial http://www.lib.utsystem.edu/copyright/
4. UT System Comprehensive Copyright Policy (summary) http://www.utsystem.edu/ogc/IntellectualProperty/cprtpol.htm
5. Copyright and the University Community: Implementing a Comprehensive Copyright Policy, A Presentation for University Administrators (14 pages) http://www.utsystem.edu/ogc/IntellectualProperty/admin3.htm
6. Fair Use of Copyrighted Materials (16 pages) -- includes separate ¯Fair Use Rules of Thumb for: course packs, distance learning, image archives, multimedia works, music, research copies, reserves http://www.utsystem.edu/ogc/IntellectualProperty/copypol2.htm
2.7.1.4 Guidelines for Off-Air Recordings
In March 1979, a congressionally appointed committee determined the following guidelines concerning the application of ¯fair use to the recording, retention, and use of television broadcast programs for educational purposes. They specify periods of retention and use of such off-air recordings in classrooms and similar places devoted to instruction and for homebound instruction. The purpose of establishing these guidelines is to provide standards for both owners and users of copyrighted television programs.
The guidelines were developed to apply only to off-air recording by nonprofit educational institutions.
A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a nonprofit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. ¯Broadcast programs are television programs transmitted by television stations for reception by the general public without charge.
Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) day calendar day retention period. ¯School days are school session days – not counting weekends, holidays, vacations, examination periods, and
other scheduled interruptions - within the forty-five (45) calendar day retention period. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcasted.
A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
2.7.1.5 Copyright in Face-to-Face Instruction
2.7.1.5.1 Exemption to Copyright
17 U.S.C. 110 (1) of the copyright law creates an exception to the copyright holder’s exclusive right of performance. The ¯face-to-face exemption allows an educator to perform a work (including home use video) in class, as long as the following criteria are met:
1. Applies only to non-profit educational institutions;
2. Applies only to instructional activities in the classroom where the teacher and students are in the same location;
3. Covers performances of copyrighted works by teachers, students, and guest lecturers;
4. The audience must be composed of members of one class only;
5. The performance must be part of ¯systematic instruction, which does not include recreational or cultural programs;
6. The performance must take place in a classroom or similar place devoted to instruction (i.e., not a gymnasium, auditorium, class play, graduation, athletic event, etc.); and
7. Must use a lawfully made copy of the film or video. When a professor has taken parts of copyrighted materials to make the copy, whether or not the copy was lawfully made depends upon an analysis of the four ¯fair use factors. The face-to-face exemption itself does not authorize any copying.
There are no exceptions to the above requirements. Further, the relationship between the film or video and the course must be explicit. Films or videos, even in a ¯face-to-face classroom setting, may not be used for entertainment or recreation, whatever the work’s intellectual content.
2.7.2 Ownership of Copyrightable Materials and Intellectual Property
This document describes Saint Leo University’s policies and associated administrative procedures for ownership of copyrightable materials and other intellectual property. Its objectives are:
1. To enable the University to foster the free and creative expression and exchange of ideas and comment;
2. To preserve traditional University practices and privileges with respect to the publication of scholarly works;
3. To establish principles and procedures for sharing income derived from copyrightable material produced at the University; and
4. To protect the University’s assets and imprimatur.
2.7.2.1 Overview
Faculty at the University must be free to choose and pursue areas of study and concentration without interference, to share the results of their intellectual efforts with colleagues and students, to use and disseminate their own creations, and to take their created works with them should they leave the University. This copyright policy is intended to maintain those traditional norms and values that foster, in various ways, the open and free exchange of ideas and opinions. In this regard the policy formulated here is guided by a basic tenet of the 1940 Statement of Principles on Academic Freedom and Tenure of the American Association of University Professors: Institutions of higher education are conducted for the common good and not to further the interest of either the individual teacher or the institution as a whole. The common good depends upon the free search for truth and its free expression. The ongoing revolution in the use of information technology for the production and dissemination of knowledge enables members of the University community to create new forms or types of scholarly works, to communicate with current audiences with new types of materials, and to reach new audiences. The dramatic changes in information technologies and the ways in which they are employed provide an occasion to examine and clarify policy for copyright of works of scholarship produced at the University. This copyright policy statement delineates the rights and responsibilities of the University and its faculty, employees, students, and other members of the community. By longstanding custom, faculty members hold copyright for books, monographs, articles, and similar works as delineated in the policy statement, whether distributed in print or electronically. This pattern will not change. This copyright policy retains and reasserts those rights.
2.7.2.2 Copyright Ownership Policy
Copyright is the ownership and control of the intellectual property in original works of authorship that are subject to copyright law. It is the policy of the University that all rights in copyright shall remain with the creator unless the work is a work-for-hire (and copyright vests in the University under copyright law), is supported by a direct allocation of funds through the University for the pursuit of a specific project, is commissioned by the University, makes significant use of University resources or personnel, or is otherwise subject to contractual obligations.
1. Books, Articles, and Similar Works Including Unpatentable Software: In accord with academic tradition, except to the extent set forth in this policy, Saint Leo University does not claim ownership to pedagogical, scholarly, or artistic works, regardless of their form of expression. Such works include those of students created in the course of their education, such as dissertations, papers and articles. The University claims no ownership of popular nonfiction, novels, textbooks, poems, musical compositions, unpatentable software, or other works of artistic imagination that are not institutional works and did not make significant use of University resources or the services of University non-faculty employees working within the scope of their employment.
2. Institutional Works: The University shall retain ownership of works created as institutional works. Institutional works include works that are supported by a specific allocation of University funds or that are created at the direction of the University for a specific University purpose. Institutional works also include works whose authorship cannot be attributed to one or a discrete number of authors but rather result from simultaneous or sequential contributions over time by multiple faculty and students. For example, software tools developed and improved over time by multiple faculty and students where authorship is not appropriately attributed to a single or defined group of authors would constitute an institutional work. The mere fact that multiple individuals have contributed to the creation of a work shall not cause the work to constitute an institutional work.
3. Patent and Copyright Agreement: All faculty, staff, student employees, and students who participate or intend to participate in teaching and/or research or scholarship projects at Saint Leo University are bound by this policy. Except as described in #1 above, this agreement assigns rights to copyrightable works resulting from University projects to Saint Leo University. This policy applies, and those subject to this policy are deemed to assign their rights to copyrightable works, whether or not an Agreement is signed and is on file.
4. Works of Non-Employees: Under the Copyright Act, works of non-employees such as consultants, independent contractors, etc. generally are owned by the creator and not by the University, unless there is a written agreement to the contrary. As it is Saint Leo University’s policy that the University shall retain ownership of such works (created as institutional rather than personal efforts, as described in #2 above), Saint Leo University will generally require a written agreement from non-employees that ownership of such works will be assigned to the University. Examples of works which the University may retain non-employees to prepare are:
a. Reports by consultants or subcontractors;
b. Computer software;
c. Architectural or engineering drawings;
d. Illustrations or designs; and
e. Artistic works.
5. Videotaping and Related Classroom Technology: Courses taught and coursewares developed for teaching at Saint Leo University belong to the University. Any courses which are videotaped or recorded using any other media are Saint Leo University property, and may not be further distributed without permission from the appropriate academic dean. Blanket permission is provided for the use of students, or for other University purposes. Prior to videotaping, permission should be obtained from anyone who will appear in the final program.
6. Contractual Obligations of the University: This Copyright Ownership Policy shall not be interpreted to limit the University’s ability to meet its obligations for deliverables under any contract, grant, or other arrangement with third parties, including sponsored research agreements, license agreements and the like. Copyrightable works that are subject to sponsored research agreements or other contractual obligations of the University shall be owned by the University, so that the University may satisfy its contractual obligations.
7. Use of University Resources: Saint Leo University resources are to be used solely for University purposes and not for personal gain or personal commercial advantage, nor for any other non-University purposes. Therefore, if the creator of a copyrightable work makes significant use of the services of University non-faculty employees or University resources to create the work, the creator shall disclose the work to the Vice President of Academic Affairs and assign title to the University. Examples of non-significant use include ordinary use of desktop computers, the Library, and limited secretarial or administrative resources. Questions about what constitutes significant use shall be directed to the appropriate dean or the Vice President of Academic Affairs.
8. Reconveyance of Copyright to the Creator: When copyright is assigned to the Saint Leo University because of the provisions of this policy, the creator of the copyrighted material may make a request to the Vice President of Academic Affairs that ownership be reconveyed back to the creator. Such a request can, at the discretion of the Vice President of Academic Affairs, be granted if it does not:
a. Violate any legal obligations of or to the University,
b. Limit appropriate University uses of the materials,
c. Create a real or potential conflict of interest for the creator, or
d. Otherwise conflict with University goals or principles.
2.7.2.3 Administration of Policy
1. Determination of Ownership and Policy: The Vice President of Academic Affairs will resolve any questions of ownership or other matters pertaining to materials covered by this policy.
2. Licensing and Income Sharing:
a. Licensing: The Vice President of Academic Affairs seeks the most effective means of technology transfer for public use and benefit and, toward that end, handles the evaluation, marketing, negotiations and licensing of University-owned inventions or copyrightable materials with commercial potential. Computer databases, software and firmware, and other copyrightable works owned by the University, are licensed through the Vice President of Academic Affairs. The Vice President of Academic Affairs must approve in advance exceptions to this procedure.
b. Royalty Distribution: The Vice President of Academic Affairs will allocate royalties assigned to the University. If copyright protection alone is claimed, royalties normally will be allocated in a similar manner, with the ¯inventor’s share allocated among individuals identified by the investigator (or department head if not under a sponsored agreement), based on their relative contributions to the work. Where royalty distribution to individuals would be impracticable or inequitable (for example, when the copyrightable material has been developed as a laboratory project, or where individual royalty distribution could distort academic priorities), the ¯inventor’s share may be allocated to a research or educational account in the laboratory where the copyrightable material was developed.
3. Assignments: No assignment, license or other agreement may be entered into or will be considered valid with respect to copyrighted works owned by the University except by an official specifically authorized to do so.
4. Use of the University Name in Copyright Notices: The following notice should be placed on University-owned materials in order to protect the copyright: Copyright © [year]. The Board of Trustees of Saint Leo University. All Rights Reserved.
No other institutional or departmental name is to be used in the copyright notice, although the name and address of the department to which readers can direct inquiries may be listed below the copyright notice. The date in the notice should be the year in which the work is first published, i.e. distributed to the public or any sizable audience. Additionally, works may be registered with the United States Copyright Office using its official forms.
5. Copying of Works Owned by Others: Members of the University community are cautioned to observe the rights of other copyright owners. Contact the Vice President of Academic Affairs’ Office for University policies pertaining to copying for classroom use. Policies regarding copying for library purposes may be obtained from the Director of the Library.
6. Sponsored Agreements: Contracts and grants frequently contain complex provisions relating to copyright, rights in data, royalties, publication and various categories of material including proprietary data, computer software, licenses, etc. Questions regarding the specific terms and conditions of individual contracts and grants, or regarding rules, regulations and statutes applicable to the various government agencies, shall be addressed to the Vice President of Academic Affairs.
2.7.2.4 Other Intellectual Property
1. Trade and Service Marks: Trade and service marks are distinctive words or graphic symbols identifying the sources, product, producer, or distributor of goods or services. Trade or service marks relating to goods or services distributed by the University shall be owned by the University. Examples include names and symbols used in conjunction with computer programs or University activities and events. Consult the Vice President of Academic Affairs for information about registration, protection, and use of marks.
2. Proprietary Information: Proprietary information arising out of University work (e.g., actual and proposed terms of research agreements, financial arrangements, or confidential business information) shall be owned by the University. ¯Trade secret is a legal term referring to any information, whether or not copyrightable or patentable, which is not generally known or accessible, and which gives competitive advantage to its owner. Trade secrets are proprietary information.
2.7.2.5 Explanation of Terms
1. Copyrightable Works: Under the federal copyright law, copyright subsists in ¯original works of authorship which have been fixed in any tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. These works include:
a. Literary works such as books, journal articles, poems, manuals, memoranda, tests, computer programs, instructional material, databases, bibliographies;
b. Musical works including any accompanying words;
c. Dramatic works, including any accompanying music;
d. Pantomimes and choreographic works (if fixed, as in notation or videotape);
e. Pictorial, graphic and sculptural works, including photographs, diagrams, sketches and integrated circuit masks;
f. Motion pictures and other audiovisual works such as videotapes; and
g. Sound recordings.
2. Scope of Copyright Protection: Copyright protection does not extend to any idea, process, concept, discovery or the like, but only to the work in which it may be embodied, illustrated, or explained. For example, a written description of a manufacturing process is copyrightable, but the copyright only prevents unauthorized copying of the description; the process described could be freely copied unless it enjoys some other protection, such as patent.
Subject to various exceptions and limitations provided for in the copyright law, the copyright owner has the exclusive right to reproduce the work, prepare derivative works, distribute copies by sale or otherwise, and display or perform the work publicly. Ownership of copyright is distinct from the ownership of any material object in which the work may be embodied. For example, if one purchases a videotape, one does not necessarily obtain the right to make a public showing for profit.
The term of copyright in works created on or after January 1, 1978, is the life of the author plus seventy years. Copyright in works-for-hire is for ninety-five years from the date of first publication or one hundred twenty years from creation, whichever period first expires.
3. Works for Hire: ¯Work for hire is a legal term defined in the Copyright Act as ¯a work prepared by an employee within the scope of employment. This definition includes works prepared by employees in satisfaction of sponsored agreements between the University and outside agencies. Certain commissioned works also are works for hire if the parties so agree in writing.
The employer (i.e., the University) by law is the ¯author, and hence the owner, of works for hire for copyright purposes. Works for hire subject to this principle include works that are developed, in whole or in part, by University employees. Where a work is jointly developed by University employees and a non-University third-party, the copyright in the resulting work typically will be jointly owned by the University and the third party. In such instances, both the University and the other party would have nonexclusive rights to exploit the work, subject to the duty to account to each other. Whether the University claims ownership of a work will be determined in accordance with the provisions of this policy, and not solely based upon whether the work constitutes a work-for-hire under the copyright law. For example, copyright in pedagogical, scholarly or artistic works to which the University disclaims ownership under this policy shall be held by the creators regardless of whether the work constitutes a work-for-hire under copyright law. Only the Vice President of Academic Affairs may relinquish University ownership in a work for hire.
ARTICLE V: JUDICIAL POLICIES
A. CHARGES AND HEARINGS
Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing directed to the Office of Residence Life. All charges should be submitted as soon as possible after the event takes place, preferably within twenty-four hours of the incident.
The Office of Residence Life may conduct or initiate an investigation to determine if the charges have merit and/or if they can be disposed of administratively. Such disposition shall be final and there shall be no subsequent proceedings.
The accused individual or organization is notified by letter or e-mail of the charges and scheduled to attend a timely hearing. The accused student/organization representative is expected to be present during the hearing. If the student or group chooses not to attend the hearing they may be charged with a violation of Article IV, B19. Requests or Orders in addition to their original alleged violations of University policy and the hearing it will be held in their absence. The student or organization would also lose the ability to appeal this decision on the basis of new evidence or other relevant facts not brought out in the original hearing.
The Administrative Hearing Officer shall conduct hearings according to the following guidelines:
- Hearings will be conducted in private.
- Admission of any person to the hearing shall be at the discretion of the Administrative Hearing Officer.
- In hearings involving more than one accused student, the Administrative Hearing Officer may choose to hold separate hearings.
- The accused student is entitled to select a Saint Leo University student, faculty, or staff advisor to assist in preparation of the hearing. The adviser may accompany the accused student to the hearing and may consult with the accused student prior to or during the course of the hearing, but may not address the Administrative Hearing Officer. Advisers may contact the Assistant Vice President for Student Services prior to the hearing to clarify questions or concerns. Parents and attorneys are not permitted in and may not "represent" the student at the administrative hearing without the approval of the Administrative Hearing Officer. If permitted, however, they may not address the Administrative Hearing Officer or "represent" the student.
- A member of the Office of Residence Life may contact the accused student to explain the charges, students' rights, obtain a plea to the charges, discuss all aspects of the disciplinary process, and offer support and assistance in preparing for the hearing.
- Persons to be present at hearings may include the Administrative Hearing Officer, accused student, student's adviser, and if deemed appropriate, witnesses relevant to the case. Relevant witnesses shall be present only during their own testimony, subject to questions from the Administrative Hearing Officer; however, they may be required to remain available for the duration of the hearing. Additionally, if necessary, relevant witnesses will be interviewed by the Administrative Hearing Officer outside of the formal hearing.
- Pertinent records, exhibits and written statements may be accepted as evidence for consideration by the Administrative Hearing Officer at their discretion.
- All procedural questions are subject to the final decision of the Administrative Hearing Officer.
- After the hearing, the Administrative Hearing Officer shall determine whether the student has violated University policy.
- The Administrative Hearing Officer's determination shall be made on the preponderance of presented evidence of whether it is more likely than not that the accused student violated University policy.
At the discretion of the Administrative Hearing Officer, there may be a single verbatim record, such as a tape recording or equivalent, of the hearing. The record will not include deliberations and will be used only for the appellate process. The record shall be the property of the University and destroyed following the final adjudication of the case.
Except in the case of a student charged with failing to attend a scheduled judicial hearing, no student may be found to have violated University policy solely because the student failed to appear before a judicial board or Administrative Hearing Officer. Any hearing may be postponed, recessed or continued at the discretion of the Administrative Hearing Officer.
In accordance with the 2008 Higher Education Opportunity Act, Saint Leo University will upon written request disclose to the “alleged victims of any violent crime' or next of kin if the victim dies as a result of the crime (as defined in 18 U.S.C. § 16) or a “nonforcible sex offenses' a copy of the outcome of any University proceeding against the alleged perpetrator.
The University recognizes the impossibility of anticipating every circumstance under which disciplinary authority of the University must be exercised. The University also recognizes the possibility that compelling circumstances may require that certain procedures normally afforded students be suspended. To facilitate the prompt adjudication for a campus disciplinary matter under such circumstances, the Assistant Vice President for Student Services, or designee, shall hold an administrative hearing. The student's procedural rights shall remain in effect.
B. SANCTIONS
1. The following sanctions may be imposed upon any student found to have violated University policy. A point system (0-12 points) has been established to maintain a consistent sanctioning guideline.
SLU01-Article ReviewA written review of journal articles on a specific topic designed to assist the student to explore the violations in question. The review must include appropriate citations and use appropriate language, grammar, and spelling. SLU02-Letter of Apology
A written apology reflecting an understanding of the inappropriateness of actions and the impact it had on the letter's recipient. SLU03-Newspaper Article
A reflective letter to be submitted for approval to the Office of Residence Life and then may be anonymously submitted to the student newspaper for possible publication. This letter should reflect an understanding of the inappropriateness of actions and the impact on self and the University community. SLU04-Personal Journal
A written daily journal for a two-week period that addresses various questions each day as outlined in sanction letter. Each daily entry is to be no less than 250 words in length (typed, double-spaced). Completed journals must be submitted for approval to the Office of Residence Life by the stated sanction date. SLU05-Reflection Paper
Reflective paper on a specific incident and its impact on the community. Specific guidelines will be outlined in the sanction letter. SLU06-Research Paper
Research paper on a specific topic citing at least three sources. Specific guidelines will be outlined in the sanction letter. SLU07-Restitution
Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. SLU08-Educational Community Service
Completion of a determined number of hours of educational community service with an office/agency approved by the Administrative Hearing Officer. Specific guidelines and hours will be outlined in the sanction letter. SLU09-Probationary Review Meetings
Scheduled meetings with the Assistant Vice President for Student Services to discuss appropriate responses to events or difficult situations in the student's life. Specific guidelines will be outlined in the sanction letter. SLU10-Contact Restriction
Restriction of personal contact with another individual or group for a stated period of time. SLU11-Computer Privileges Restriction
Loss or restriction from University computer mainframe access or privileges for a stated period of time. SLU12-Resident Assistant Duty
Participate in the nightly on-call, duty rotation for a specified period of time of the student Residence Life staff. Once completed a reflective paper must be submitted to the Office of Residence Life for approval by the sanction due date. SLU13-Behavioral Agreement
A signed behavioral agreement to live responsibly within the Saint Leo University community outlining specific behavior guidelines that must be followed. SLU14-Educational Bulletin Board
Design, research, and create a bulletin board on a specific topic. SLU15-Program Presentation
Plan, implement, and evaluate an educational program on a specific topic. SLU16-Alcohol and/or Drug Education
An on-line course designed to assist students with healthy lifestyle choices. Additionally, there is a fee and a required personal reflection journal associated with this sanction. SLU17-Substance Use Evaluation
A required substance use evaluation. Students are responsible to make arrangements for this evaluation in accordance with the outlined terms in the sanction letter. Students are required to meet the recommendations of the certified treatment professionals as indicated in this evaluation. Results must be released to appropriate University officials as per sanction letter. SLU18-Other Restrictions
Loss of specific privileges including, but not limited to, attendance at athletic and social events; organization participation; and housing for a designated period. SLU19-Written Warning
A notice in writing to the student that he or she is violating or has violated University policy and that continuation or repetition of similar misconduct, within a prescribed of time, may be cause for further disciplinary action and more severe sanctions. SLU20-Disciplinary Probation
Disciplinary Probation is for a designated period and includes the probability of more severe disciplinary sanctions, which may include suspension from the institution if the student is found violating the specified policy during the probationary period. SLU21-Community Probation
Community Probation is for a designated period and includes the probability of more severe disciplinary sanctions, which may include suspension or dismissal from the University if the student is found violating any policy during the probationary period. SLU22-Residence Hall Probation
Residence Hall Probation is for a designated period and includes the probability of expulsion from campus housing and/or revocation of privileges to live in campus housing if the student is found violating any policy during the probationary period SLU23-Residence Hall Dismissal
Immediate and permanent removal from the residence halls without refund. SLU24-Suspension
Separation of the student from the University for a definite period, after which the student is eligible to return. Conditions for readmission may be specified SLU25-Dismissal
Permanent separation of the student from the University. SLU26-Disciplinary Fine
Appropriate monetary penalty. SLU27-Parental and/or Coach Notification
Written notification to parent/guardian and/or coach concerning a specific incident, outcome and appropriate sanction. Notification will be in accordance with FERPA regulations. SLU28-Deferred Sanction
When significant mitigating factors are present one or more sanctions may be deferred for implementation. Additional sanctions may be imposed for any new violations which occur during the deferred period.
2. More than one of the sanctions listed above may be imposed for any single violation.
3. Disciplinary sanctions are part of the student's educational record. Therefore, a student's judicial record may affect participation in University affiliated programs such as Internships, Service Trips and Study Abroad programs.
4. Student's educational record is typically maintained for 5 years after graduation or permanent separation from the University. A student may, upon graduation or permanent separation, submit a written request to the Assistant Vice President for Student Services, asking that minor disciplinary actions may be expunged. The decision of the Assistant Vice President for Student Services is final.
5. The following sanctions may be imposed upon groups or organizations:
-
Those sanctions listed above in Article V, Section B1
-
Suspension--Loss of all privileges, including University recognition, for a specified period.
-
Dismissal--Permanent loss of all privileges, including University recognition
6. The Assistant Vice President for Student Services or designee will advise the accused student/organization in writing of its findings, sanctions and appeal process in a timely fashion.
C. SUMMARY SUSPENSION
In certain circumstances, the Assistant Vice President for Student Services, or a designee, may impose a University or residence hall suspension prior to a judicial hearing.
Summary suspension may be imposed:
- To ensure the safety and well-being of members of the University community or preservation of University property
- To ensure the student's own physical or emotional safety and well-being
- If the student poses a threat of disruption of or interference with the operations of the University
- A pending criminal case, or in the event of an ongoing investigation of a serious nature.
During the summary suspension, students shall be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible unless written permission is obtained from the Assistant Vice President for Student Services. Summary suspensions may be appealed to the Vice President for Continuing Education and Student Services by the designated date in the suspension letter.
D. APPEALS
A student wishing to appeal a decision must do so in writing to the Assistant Vice President for Student Services, within 24 hours.
This letter must include the student’s name, charge(s) being appealed, and the grounds for the appeal. The only acceptable grounds for an appeal are new evidence or errors in the disciplinary procedures. The grounds, including the nature of any new evidence, must be specifically stated in the appeal letter. After consultation with the Administrative Hearing Officer, the Assistant Vice President for Student Services will determine if the grounds are acceptable.
If the Assistant Vice President for Student Services determines that there are sufficient grounds for an appeal, the Assistant Vice President for Student Services will set the time, date, and place for the appeal hearing. Only new evidence or evidence pertaining to the failure to follow established procedures will be acceptable at the appeal hearing. A suspended student may be required to leave campus and/or be suspended from classes until the appeal is heard. Permission to make up work during the suspension period will be the decision of the Administrative Hearing Officer body hearing the appeal and/or faculty member.
E. DISCLAIMER/UPDATES:
At the time this publication went to print, all the information contained in it was updated. Since this document is a printed version and prepared in advance of the academic year, changes may be necessary after publication. If this occurs, students will be notified electronically and the online version will be updated on the University website. Students are encouraged to always reference the online version for the most up-to-date information.