Section 8: Campus Policies
The policies described below, mandated for all students whether on (in residential or academic spaces) or off campus, are not meant to serve as a comprehensive list and are subject to review and modification by the Dean of Students (or his/her designee) if deemed necessary for the safety and security of the UArts community.
Please use the links below to navigate throughout this section
- Access to Facilities
- Alcohol and Other Drugs Policy
- Alcohol Policy Violations
- Drug Policy Violations
- Computers and Technology Resources
- Dissents and Demonstrations
- Fire Safety
- Medical Amnesty Policy
- Missing Persons
- Off-Campus Living Policy
- Psychological/Medical Emergencies
- School Closings
- Sexual Assault, Rape and Domestic Violence
- Sexual Harassment Policy
- Students' Records
- Workplace Violence
- Working for Faculty/Staff
ACCESS TO FACILITIES
By way of being registered for classes and having an account in good standing, students are granted access to all of the academic facilities on-campus, provided that they show a valid ID upon entering. This is a privilege; not a right. Every semester, identification cards are issued for all students, faculty, and employees and validated by the Office of Student Financial Services. Public Safety Officers may deny access to University facilities for anyone not carrying a validated identification card.
During 24-hour building access, students are permitted to enter academic buildings. Students are not permitted to occupy academic spaces in a way that would disrupt the academic community, such as performing basic life functions in classroom or other common space. Students found in violation of this policy are subject to removal of their 24-hour access.
If during the course of the year you should lose your ID card, contact Student Financial Services immediately. Replacement ID cards cost $35, which can be charged to the student's account if the student does not have the necessary funds available at the time of replacement.
ALCOHOL & OTHER DRUGS POLICY
All members of The University of the Arts community are hereby notified of the primary components of the Substance Abuse Prevention Policy in compliance with the Drug-Free Schools and Community Act of 1989 and subsequent amendments.
Local, State and Federal Laws
A person in the Commonwealth of Pennsylvania who is under 21 years of age commits a summary offense if she/he attempts to purchase, consume, possess or transport alcohol. If convicted of this offense the minor’s driver’s license will be suspended for 90 days. There is a $300 fine for a first offense and second offense will yield a fine up to $500. The police must notify the parents of any individual under the age of 18 charged with violating this law. Any person who intentionally provides alcohol to a minor will be convicted of a misdemeanor of the third degree. There will be a $1,000 fine for the first offense and a $2,500 fine for subsequent offenses. Maximum penalties are $2,500 in fines and one-year imprisonment.
Minors carrying or using false I.D. cards face a 90-day driver’s license suspension and are subject to fines up to $500. For subsequent offenses, a driver’s license can be suspended for one year for the second offense and two years for additional offenses. Imprisonment is possible up to 90 days for the first offense and one year in prison is possible for subsequent offenses. Manufacturing or selling a false I.D. card has been made a criminal offense, punishable by minimum fines of $1,000 for a first offense and $2,500 for subsequent offenses. Maximum penalties are $5,000 in fines and two years in prison.
Federal and state laws prohibit the possession, use and distribution of illegal drugs. The sanctions for violating drug laws consist of mandatory imprisonment and substantial fines. The penalties for particular offenses vary widely, depending on the nature of the offense and the type and quantity of the drug involved. For example, under federal law, simple possession of a controlled substance carries with it a penalty of imprisonment of no more than one year, plus a fine of an amount between $1,000 and $5,000. If the controlled substance contains a cocaine base and the amount exceeds five grams, the offender will be imprisoned for not less than five years and not more than twenty years, or fined, or both. Also under federal law, anyone who is at least eighteen years old and who distributes drugs to anyone under age 21 will be imprisoned and/or fined up to twice what is otherwise provided by law, with a minimum prison sentence of one year.
Pennsylvania law, which prohibits the use, possession and distribution of drugs, are also strict. In addition to imposing fines and/or prison terms for violations of its drug laws, Pennsylvania has also enacted a forfeiture statute that allows the state to seize property used to accomplish the violation of Pennsylvania’s anti-drug laws, including automobiles.
For more details, please refer to the Pennsylvania Liquor Control Board webpage.
Standards of Conduct
The following behaviors are specifically prohibited in The University of the Arts community, regardless of whether the infraction occurs on or off campus property. Students, whether residential or commuter, may not use, possess, manufacture, distribute, dispense or sell controlled substances of any kind, including illegal drugs or drug paraphernalia, on University premises or in University-owned vehicles. Additionally, students may not:
- Be under the influence of an unauthorized substance or illegal drug on University premises or in University owned vehicles.
- Be in possession, including internal possession, of an unauthorized substance or illegal drug on University premises or in University-owned vehicles.
- Use alcohol or other controlled substances or drugs to the extent that it adversely affects the performance of the employee or student.
- Use alcohol or other controlled substances to the extent that the safety to self or others on the campus is jeopardized.
Health Risks of Alcohol and Other Drugs
Alcohol depresses the central nervous system, slowing the thought process, reflexes and other physical skills. Under the influence of alcohol, a person may become confused, moody, angry, emotional and disoriented. Larger doses can result in unconsciousness, coma and/or death. Dangers associated with alcohol use include addiction, damage to key organs, automobile accidents, social problems, and birth defects, among other negative consequences.
Marijuana impairs physical coordination, sensory perception, judgment, reasoning skills and memory. Marijuana use has also been linked to chronic anxiety disorders and schizophrenia, among other mental health problems.
Ecstasy can cause severe depression, fatigue, internal hemorrhaging (bleeding), permanent brain damage and failure of body organs including the kidneys, heart and liver.
Cocaine, LSD (acid), and heroin, among other drugs, impact the mind and body in different ways, but each has dangerous or deadly consequences. Cocaine, for example, raises blood pressure, heart rate and body temperature; narrows arteries; restricts blood flow to the heart; causes tremors, convulsions, nausea and vomiting and can lead to failure of the respiratory system. Hallucinogenic drugs such as Acid cause severe psychological distress including panic and psychotic episodes that can last for weeks or months and return as flashbacks years later.
- Consumption, on or off campus, or possession of alcoholic beverage or containers intended to contain alcoholic beverages, whether empty of alcohol, used for purposes other than holding alcohol or not.
- Being intoxicated as indicated by appearance or behavior, such as: slurred speech, unstable walk, unconsciousness, destruction of property, use of abusive language, alcohol on breath, vomiting or disturbance to others.
- Sale or trade of alcohol on the campus property or to members of The University of the Arts community.
The resident(s) in whose UArts housing alcohol is being consumed is (are) responsible for the behavior of guests and will be held accountable for policy violations. It is the responsibility of the "host" to ensure that alcohol is not consumed in his or her residence.
Students found to be in the presence of alcohol but not drinking will be considered responsible for condoning the violation of community standards and will be sanctioned with an educational sanction, probation and/or a written warning, among others.
Alcohol is prohibited at any University-sponsored event for undergraduate students with exceptions to this policy granted only by the Dean of Students (or his/her designee). Eceptions will ONLY be considered for art exhibitions and/or receptions with the use of a faculty/staff sponsor and arrangements for food and beverage made through Parkhurst Catering. Approved events may be required to have UArts Public Safety staff present. The sponsoring faculty/staff member must complete the Alcohol Permission Request for Exhibition Reception form on the UArts Portal no less than two (2) weeks before the event. The sponsor and/or the students are responsible for all costs for the event, with the exception of Public Safety staff members, which will be provided by the University at no additional cost.
Any University official (including members of Public Safety, Student Life and the Student Affairs staffs) who has a reasonable suspicion that the alcohol policy is being violated may access any University facility to determine an appropriate course of action. University officials are authorized to intervene in any situation that warrants action including, but not limited to: removal of attendees; closing of the event; and/or dumping or confiscation of alcohol; and notification of University personnel. All confiscated alcohol is turned over to the Department of Public Safety for disposal.
Sanctions for Alcohol Violations
The disciplinary response to alcohol-policy violations provides a balance between punitive action and an opportunity for education and personal growth. These sanctions are applicable to both residential and commuter students. Sanctions for alcohol violations accumulate over the duration of a student’s matriculation at The University of the Arts.
A University conduct review body determines the sanctions imposed by the University for students (see Standard Sanctions section). Generally, the minimum sanctions for violations of the alcohol policy are:
- First Violation: Alcohol education, $250 fine and probation.
- Second Violation: Alcohol education to include a mandated alcohol assessment, $350 fine and possible suspension from University housing.
- Third Violation: possible suspension from the University. The parents/guardians of dependent students are informed of alcohol violations by University personnel (see Student Records policy).
- A conduct review body may alter the above sanctions at their discretion in certain circumstances depending upon the quantity and type of alcohol involved in a case or by the number of people impacted by the violation, among other factors.
- All funds collected as a result of alcohol policy fines are credited to a Student Affairs account dedicated to alcohol-education efforts and non-alcoholic events and community-building programs on campus.
- Consumption or possession of illegal drugs on or off campus.
- Being under the influence of illegal drugs as indicated by appearance or behavior, such as: slurred speech, unstable walk, unconsciousness, destruction of property, use of abusive language, vomiting or disturbance to others.
- Sale, distribution or trade of illegal drugs on the campus property or to members of The University of the Arts community.
- Possession of drug paraphernalia.
- Being in the presence of drugs.
The resident(s) in whose apartment illegal drugs are being consumed is (are) responsible for the behavior of guests and will be held accountable for policy violations. It is the responsibility of the host to ensure that guests do not consume illegal drugs.
Intent to sell is defined as possession of what is perceived by University staff to be beyond a level of personal use. Possession of paraphernalia such as scale and multiple containers, as well as the growth and germination of marijuana and other illegal narcotics will be considered indicative of trafficking and may result in suspension or expulsion.
Any University official (including members of Public Safety, Student Life and the Student Affairs staffs) who has a reasonable suspicion that the drug policy is being violated may access any University facility to determine an appropriate course of action. University officials are authorized to intervene in any situation that warrants action including, but not limited to: removal of attendees; closing of the event; and/or confiscation of illegal drugs and paraphernalia; and notification of University personnel. All confiscated drugs are turned in to the Department of Public Safety for disposal, in conjunction with the Philadelphia Police Department.
A student found by University staff to be in the presence of illegal drugs will be subject to a hearing in which a conduct officer will determine if the student committed any of the violations described above. Students found to be in the presence of illegal drugs but not using drugs will be considered responsible for condoning the violation of community standards and will be sanctioned with through the University conduct process.
The presence of marijuana within a room may be determined by odor or odor-masking devices, paraphernalia and/or materials later determined through testing to be marijuana.
If suspected drugs are confiscated and the student denies the substance(s) are drugs, the Office of Public Safety will provide for testing of the substance. If the substance is found to be an illegal drug, the student will be charged for the cost of the testing, in addition to the other sanctions that may be imposed through the student disciplinary process.
When University officials confiscate illegal drugs, such items will be turned over to the Philadelphia Police Department as required by law. Prosecution for violation of the law will be made at the discretion of the Philadelphia Police Department. In the case of alleged supplying of or selling of illegal drugs, students may be referred to the Campus Standards Board or an administrative hearing for a conduct review action. Sanctions could include suspension or permanent expulsion from the University.
The University reserves the right to test a student for the presence of drugs in his/her system if necessary and may prevent a student’s return to University housing (or withhold other privileges) until compliance and/or such tests show an absence of illegal drugs.
Sanctions for Drug Policy Violations
The disciplinary response to drug policy violations provides a balance between punitive action and an opportunity for education and personal growth. These sanctions are applicable to both residential and commuter students. Sanctions for drug violations accumulate over the duration of a student’s matriculation at The University of the Arts.
A University conduct review body determines the sanctions imposed by the University for students (see Standard Sanctions section on page 41). Generally, the minimum sanctions for violations of the drug policy are:
- First Violation: Drug education including a mandated Drug Assessment, $450 fine and possible suspension from University housing. Commuter students face drug education including a mandated Drug Assessment, $450 fine and possible suspension from all non-academic facilities and events, random drug testing throughout tenure.
- Second Violation: Possible minimum of one (1) semester suspensiob from the University for use; one (1) year suspension from the University for distribution.
- Third Violation: Possible expulsion from the University.
- The parents/guardians of dependent students are informed of drug violations by University personnel (see Student Records policy).
- A conduct review body may alter the above sanctions at their discretion in certain circumstances depending upon the quantity and type of drugs involved in a case or by the number of people impacted by the violation, among other factors.
- All funds collected as a result of drug policy fines are credited to a Student Affairs account dedicated to drug education efforts and community-building programs on campus.
Students living in the University’s residence halls are not permitted to maintain vehicles (except bicycles) on campus. Any resident student found to be maintaining a vehicle (except a bicycle) on campus will be subject to disciplinary action through the Code of Conduct. Such action may include dismissal from the residence halls. Students with documented disabilities may request an exemption from this rule from the Educational Accessibility Advisor.
COMPUTERS AND TECHNOLOGY RESOURCES
The University of the Arts provides access to computing and information resources, telephones and other equipment and resources for students, faculty, and staff to support the University’s mission of teaching, creative exploration, research, and public service. Recognizing the value of such resources to our education and artistic mission, the University has made substantial investment in such resources and equipment and expects them to be used for University purposes only, in accordance with University rules, policies, and directives.
No University resources or equipment may be used improperly by any faculty, student, or staff member, or for personal gain or profit.
This policy applies to all members of the University of the Arts community and refers to all electronic mail resources at the University. Any person who uses the University’s electronic mail facilities either (Exchange/Outlook or Google Apps for Education) consents to all of the provisions of this policy and agrees to comply with all of its terms and conditions and with all applicable state and federal laws and regulations. Violations may result in revocation or restriction of computer privileges; disciplinary action as outlined in the Code of Student Conduct, the Faculty and Staff Handbooks, and other University policies and procedures; or may be referred to local, state, and/or federal authorities.
The primary purpose of email accounts is to facilitate communication between users. Email must be used in accordance with the responsible use provision contained in this policy. Users shall not, under any circumstances, give their passwords for any email system to an unauthorized person nor shall they obtain any other individual’s password by any unauthorized means whatsoever.
No user shall use the University’s email systems or services for the purpose of transmitting fraudulent, defamatory, harassing, obscene, or threatening messages, or for the promotion of non-university-authorized goods, services or personnel, or for any other communications that are prohibited by law. Email is one very frequent method for illegal activities from outside the university to gain access to personally identifiable information. OTIS will never ask for such information through email so do not respond to requests for personal information. If in doubt about an email, please call the Help Desk (215-717-6677 or OOPS) to report your concerns.
Email Monitoring and Disclosure
The University of the Arts does not routinely monitor or inspect email. Nonetheless, email is subject to a number of laws, policies, and practices that apply to the disclosure and protection of The University of the Arts’ records. Examples include but are not limited to the Federal Family Educational Rights and Privacy Act; University personnel policies; disclosure pursuant to litigation; and other provisions of The University Guidelines for Responsible Computing.
The University of the Arts may access email accounts to satisfy a legal obligation or to ensure proper operation of the electronic mail facilities, and it reserves the right to take appropriate investigatory and/or disciplinary action.
The University of the Arts provides access to computing and information resources for students, faculty, staff, and other authorized users in support of the University’s mission of teaching, creative exploration, research, and public service. Computing resources include host computer systems, University-sponsored computers and workstations, peripherals, software, electronic files, the UArts network, email services and the MyUArts portal.
Proper use demonstrates respect for intellectual property, ownership of data, systems security mechanisms, and each individual’s rights to privacy and to freedom from intimidation, harassment, and unwanted annoyance. Under the auspices of the Vice President, Technology and Information Services, all University computer systems, including user files, may be monitored and/or confiscated at any time should any portion of the system be threatened, or its integrity, security, or proper use be in question. Members of the University community should understand that all computer files and communications are subject to review, and should not expect such files and communications to be private.
All users of the University’s information and technology resources are expected to:
- respect the rights of others and not use such resources to threaten, endanger, harass, intimidate or insult others, or to engage in unlawful, defamatory, or obscene activity;
- abide by all applicable licenses, copyrights, patents, intellectual property rights, contracts, security agreements, University policies, and other restrictions;
- use such resources solely for University related activities and purposes;
- behave responsibly with respect to these resources at all times, respecting the integrity and security of these resources;
- respect the rights and property of others, including the right of privacy and confidentiality, the freedom of thought, inquiry and expression.
The University reserves the right to restrict or rescind computing privileges, or the use of any other University facilities or resources, in accordance with this and other applicable University policies when the user has exhibited inappropriate behavior in the use of such resources. Other discipline and remedial measures may be appropriate, as set forth in other applicable University policies.
The same policies and laws that govern faculty and student publications in traditional media are applicable to publications in computer media. With few exceptions, Web pages, electronic mail, and electronic files may not contain copyrighted material without the approval of the owner of the copyright. Likewise, theft or misuse of private property—whether tangible or intellectual property—is prohibited.
All UArts students should be aware that use copyright or creative material is the protected by law and regulatory agencies. Most artists have protections under the law that allows them to receive compensation for their creative works. Downloading protected works without compensating the owner of the work is illegal and may result in prosecution. Anyone downloading material from the Internet should use legal file-sharing sources (such as iTunes) ONLY. Follow the URL this address for a list of several legal file-sharing sites to use in downloading music, video or other creative materials for entertainment - educause.edu/legalcontent.
If the University of the Arts receives a notice of violation from the recording or movie industry, it is required to take appropriate measures, which includes blocking wireless and/or portal access by the user who initiated the illegal download. The following steps outline the response by the institution if an individual is identified as abusing the privileges of the UArts network:
- The identified student who is/was using the university network to download protected material will have their account immediately disabled.
- Access to the network and its resources will not be re-activated until the student attends a mandatory meeting with the Vice President of Technology and Information Services.
- Failure to schedule the meeting will result in you being subject to disciplinary action as per the Student Code of Conduct.
- A second offense will result in disciplinary action in accordance with the Student Code of Conduct of the University.
The Digital Millennium Copyright Act of 1998 provides details of the sanctions violators might incurred to include fines of up to $25,000 for each offense.
The University is required to monitor for illegal activity and is required by law to provide safeguards that prevent such activity from taking place. As an institution dedicated to creativity, the University is keenly aware of the need to protect one’s artistic efforts. The institution will not shelter a student who has engaged in these illegal activities.
Misuse of Technology
This policy covers all types of inappropriate behavior. The following types of activities are selected examples of behaviors that are unethical, unlawful, and/or inappropriate.
- Attempting to alter system, hardware, software, or account configuration.
- Accessing or monitoring another individual’s accounts, files, software, electronic mail, or computer resources without the permission of the owner.
- Misrepresenting one’s own identity, role, or the identity of any other person in any type of electronic communication. Intentionally or negligently revealing passwords or permitting another to use one’s personal account.
- Intentionally or negligently revealing passwords or permitting another to use one's personal account.
- Altering, or destroying communications, or intentionally compromising the security of electronic information passing through the UArts network.
- Misrepresenting or implying that the content of a personal home page constitutes the views or policies of the University, or altering the University’s official Web site or related pages without prior authorization in writing.
- Misusing the University’s computing resources so as to reduce their efficiency or to affect access to the detriment of other users.
- Producing chain letters or broadcasting messages to individuals or lists of users, or producing any communication that interferes with the work of others.
- Breaching or attempting to breach computer security systems, with or without malicious intent.
- Engaging in any activity that might be harmful to systems, the network or to any stored information such as creating or propagating viruses, worms, Trojan horses, or other rogue programs, disrupting services, or damaging files.
- Wasting system resources or overloading the UArts network with extra data.
- Violating copyright and/or software license agreements.
- Using computing resources for commercial or profit-making purposes without the written authorization of the University.
- Downloading or posting to University computers, or transporting across University networks, material that is illegal, proprietary, in violation of University contractual agreements, or in violation of University policy.
- Violating local, state or federal laws.
The University considers any violation of these regulations to be a serious offense. Violations may result in revocation or restriction of computer privileges; disciplinary action as outlined in the Student Code of Conduct, the Faculty and Staff Handbooks, and other University policies and procedures; or a referral to local, state, and/or federal authorities. The above policies supplement the University’s Student Code of Conduct and all existing policies.
The University of the Arts reserves the right to use students’ names and to use, reproduce, exhibit, display, broadcast and distribute photographic, videotaped or other images of students, as well as University-related works derived from said images, for use in connection with the activities of the University or for promoting, publicizing, or explaining the University or its activities. This policy includes without limitations, the right to publish such images as public relations/promotional materials such as marketing and admissions publications, advertisements, fundraising materials, and any other University-related publications. These images may appear in any of the wide variety of formats and media now available to the University and that may be available in the future, including but not limited to print, broadcast, videotape, CD-ROM and electronic/online media. Students whose name/image is used will not be compensated by the University for such use. Students who do not wish to have their name and/or image used by the University for these purposes must request in writing by sending an email to University Communications at firstname.lastname@example.org.
Students should be aware that their on-line activities are part of the public domain and, accordingly, should be handled with good judgment. The University does not actively monitor on-line activity outside of the University domain and does not progressively monitor the web for violations of campus policies. However, if made aware, via an electronic medium, of activity that violates University policy, the University will take appropriate action, as it would if made aware through a conventional communications medium.
DISSENT AND DEMONSTRATIONS
There may be times that students will choose to dissent with University or public policy and openly demonstrate on campus. Demonstrations may be held on campus as long as they do not disrupt the normal and proper operation of the University. Specifically, disruptions will include activities which:
- Interfere with the rights of students, faculty, staff or guests of the University;
- Disrupt or obstruct educational and other activities of the University;
- Obstruct or restrict free movement of persons on any part of the University campus;
- Interfere with the proper use of offices or other facilities to the students, faculty, trustees, staff or guests of the University;
- Endanger the safety of any person at the University; and/or,
- Threaten or result in the destruction of property.
To use a campus facility for demonstration purposes, a student group must file a room-reservation form with the University’s Facilities office. The student group must also register its intent to demonstrate by submitting a letter to the Dean of Students at least 48 hours prior to the demonstration.
The University will insist all planned protests be peaceful and orderly, carried out in accordance with these guidelines and in areas other than faculty and administrative offices, classrooms, libraries and study rooms. Students who violate these guidelines will be subject to disciplinary action.
Candles, incense, lanterns, potpourri and other flammable items including, but not limited to, hot plates, electric frying pans, halogen lamps, immersion coils, fireworks, flammable liquids, space heaters and flammable decorations are not permitted on campus unless officially sanctioned and supervised by University officials. Tampering with alarm-pull stations and/or fire extinguishers without just cause and failing to evacuate from a building during a fire alarm are strictly prohibited. Students are required to exit the building expediently during a fire alarm. Failure to do so will be considered a violation of the Student Code of Conduct and may result in sanctions, including suspension from housing, if applicable.
Any form of gambling on The University of the Arts property or involving University functions including but not limited to extra-curricular activities is prohibited. Gambling is defined as playing a game for money or property or otherwise placing a bet on an uncertain outcome. Students found responsible for participating in gambling activities are subject to disciplinary action by the University.
The purpose of the Hazing Policy is to protect the safety and rights of all students of The University of the Arts who choose to join a sorority, fraternity, club or other organization that is associated with the University. It applies to all such organizations whether its facilities are located on or off the University campus. Hazing of a student by any organization or group of its members is absolutely prohibited.
- For the purposes of this policy, hazing is defined as: any action or situation created intentionally, whether on or off campus, to produce mental or physical discomfort, embarrassment, harassment, or ridicule. Such activities may include, but are not limited to, the following: paddling in any form; use of alcohol; creation of excessive fatigue; physical and psychological shocks; quests; treasure hunts; scavenger hunts; the wearing of public apparel, which is conspicuous and normally not in good taste; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; and late work sessions or any activities which are not consistent with the policies and regulation of The University of the Arts. Hazing also includes any action or situation that requires or encourages violation of public law. The foregoing definition is based on the definition cited by the Fraternity Executives Association and the Commonwealth of Pennsylvania.
- Any alleged violations of the non-hazing policy by students will be referred through the University’s conduct review system, which may impose such penalties, including suspension or expulsion from the University, as it deems appropriate.
- Any alleged violations by an organization will be referred to the Dean of Students or his/her designee, whomay impose such penalties, including suspension or revocation of recognition status as a University organization, as may be deemed appropriate.
The University administration will not tolerate hazing. All student clubs and organizations enhance community life, the University and its members. All segments of the University community must work together to maintain a positive atmosphere of social and moral responsibility.
MEDICAL AMNESTY POLICY
Student health and safety are of primary concern of the University. As such, in cases of significant intoxication as a result of alcohol or other substance use, we encourage individuals to seek medical assistance for themselves or others.
Amnesty for Victims/Complainants: The University encourages the reporting of Code violations and crimes by victims. Sometimes, victims are hesitant to report to University Officials because they fear that they may personally face sanctions due to policy violations involving underage drinking or drug use at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to University Officials. To encourage reporting, the University has a policy of giving such victims amnesty from policy violations involving underage drinking or drug use at the time of the incident.
Amnesty for Help‐Seeking: The University encourages students to seek medical assistance for those in need, including oneself. Sometimes, students are hesitant to seek medical assistance for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to seek help for another student who is incapacitated due to alcohol or drug use, or who has been the victim of sexual misconduct). The University has a policy of giving amnesty from policy violations involving underage drinking or drug use at the time of help seeking for students who actively seek medical help for themselves or others, or for students who provide help‐seeking assistance to victims.
If medical assistance is sought, the Dean of Students Office will not pursue conduct charges against the following individuals for violations of the University alcohol or drugs policies:
- The intoxicated student and
- Student(s) actively assisting the intoxicated student.
Actively assisting requires that an individual:
- Call Public Safety (215-717-6666 or 6404) or seek another individual qualified to assess the student’s condition such as a Resident Assistant (RA) or other Student Life On-Call Staff Member and
- Monitor the intoxicated student’s condition.
The following are not covered by the Medical Amnesty Policy:
- Students waiting until the police or other authority arrive before seeking assistance
- Action by University faculty, staff, or student
- Action by police or other law enforcement personnel
- Violations of the Code of Conduct other than the alcohol/drugs policy
- Possession with the intent to distribute drugs
Actions by the Dean of Students Office:
- The intoxicated student (and possibly those who were attending to/assisting the student) will be required to meet with a member of the Dean of Students staff who may issue educational requirements that may include, but are not limited to, alcohol and/or drug education, counseling, and/or a substance abuse assessment.
- Serious or repeated incidents will prompt a higher degree of concern/response.
- Failure to complete the educational assignments or treatment recommendations will result in disciplinary action.
- The student will be responsible for any costs associated with drug or alcohol education interventions.
Application to Student Organizations: In circumstances where an organization is found to be hosting an event where medical assistance is sought for an intoxicated guest, the organization (depending upon the circumstances) may be held responsible for violations of the Alcohol Policy or Drug Policy. However, the organization’s willingness to seek medical assistance for a member or guest will be viewed as a mitigating factor in determining a sanction for any violations of the Alcohol Policy or Drug Policy.
Disclosure of Amnesty Incidents: The University may disclose amnesty incidents with the student’s consent. The University also may disclose an incident if a student is applying for a position within the Office of Student Life or for study abroad or if the University has received subsequent alcohol or drug related incidents involving the student.
The University of the Arts will respond to a reported missing person, within reason, and as outlined in the University’s Crisis Management Plan. Whenever possible, student affairs staff will ascertain the nature of the concern, utilize existing technology to track student’s whereabouts and, if necessary, locate student in housing or class. Generally, local authorities will only be notified by the University if foul play is evident or strongly indicated, as observed by appropriate members of the Students of Concern Team.
OFF-CAMPUS LIVING POLICY
The University of the Arts has limited space in on-campus housing and, therefore, only guarantees housing to full-time, first-year students who make a financial commitment to the University on or before May 1st. Students residing off-campus, either with their parents, by themselves, or with other students in the city of Philadelphia, are expected to conduct themselves in a manner that does not hinder the decorum of the community within which they reside. The University has an obligation to address all student conduct, including off-campus behavior, and may follow-up through the conduct system on any infractions. Sanctions could include, but are not limited to, probation, fines, and mandated relocation.
All students are required to submit up-to-date address, telephone, and landlord information, including a copy of their lease, to the Office of Student Life prior to the start of the school year. Students are able to fax (215/717-6611), mail, and/or hand deliver copies of this information to the Office of Student Life, 309 Gershman Hall.
PSYCHOLOGICAL AND/OR MEDICAL EVALUATION & WITHDRAWAL
The University of the Arts acknowledges that some students may experience emotional or physical difficulty during their time at the University and usually it does not interfere with an individual’s ability to take part in an academic setting. If, however, there is clear and convincing evidence that a student may be suffering from a mental or physical disorder, and as a result of that disorder their presence in the UArts community may be inappropriate for themselves or others, then the student may be required to take a temporary leave until such a time that their behavior does interfere with the academic pursuits of the community. The following guidelines address situations in which the University may require a student to undertake a psychological and/or physical evaluation and/or withdrawal:
- The University will consider mandatory evaluation and withdrawal in cases where there is reason to believe there is threat of danger to self, others or property, or disruption of the educational process and mission of the institution;
- The University will make a good-faith effort to work cooperatively with the student in question;
- The University reserves the right to contact the student’s parents/guardians in life-threatening or other extreme situations;
- The University reserves the right to temporarily remove a student from housing and/or the institution pending the outcome of an evaluation. The student will be notified in writing of the procedures for psychological/physical evaluation;
- The University will refer cases involving alleged violation of the Student Code of Conduct through the standard conduct review process except where, due to the student’s psychological or physical condition, the student is either: (a) unaware of his/her actions; (b) unaware of the wrongful nature of his/her actions; or (c) a disciplinary hearing is otherwise deemed inappropriate by the Dean of Students.
- A student being required to undergo a mandatory evaluation by a psychologist/physician or psychiatrist will be notified in writing by the Dean of Students, or designee. The University will release pertinent information regarding precipitating events and areas of concern to this evaluator. All evaluation reports are to be sent to the Dean of Students or his or her designee. The report is available for the student to review with a member of the counseling center staff;
- If a student refuses to undergo a mandatory evaluation, the Dean of Students may automatically withdraw that student;
- The student has the right to voluntarily withdraw from the University at any time;
- The Dean of Students or his/her designee, after consulting with counseling center staff and/or health services, will review the evaluation and render a decision. A student has the right to appeal the Dean's decision to the Vice President for Enrollment, Retention and Student Affairs. An appeal must be submitted to the Vice President in writing within five business days. The decision of the Vice President will be final;
- The University will provide guidelines for reinstatement at the time of removal or withdrawal.
In the event of inclement weather, University officials will make every attempt to render a prompt decision regarding whether classes will be cancelled. The information will be communicated throughout campus and to the local media. The University recognizes that our students travel from a wide geographic area and that road conditions can vary greatly. Common sense and good judgment should act as your guide as to whether you can get to the University, or whether you need to leave earlier than the announced closing time.
UArts emergency closings will be communicated via:
- The University’s recorded hotline – The recorded message can be accessed directly by calling 215-717-6996.
- A bulletin will be displayed on the UArts homepage.
- UArts Alert – A brief message announcing closing or delay information will be sent via text message to students, faculty, staff and others registered in the "UArts Alert" notification system.
- UArts Email – A message will be sent to your UArts email address.
- KYW-News Radio 1060 AM – Listening for our closing number – 116, which will be announced twice every hour. In addition to this, information is listed online at: kyw1060.com.
- KYW-TV 3 – School opening delays or closings will be aired beginning at 5 a.m. (also available at CBS3.com)
- Fox-29 TV (check your local listings) – School opening delays or closings will be aired beginning at 5 a.m. (also available at myFoxPhilly.com)
- NBC-10 TV – School opening delays or closings will be aired beginning at 5 a.m. (also available at NBC10.com)
- 6-ABC TV – opening delays or closings will be aired beginning at 5 a.m. (also available at 6ABC.com)
SEXUAL ASSAULT/RAPE AND DATING/DOMESTIC VIOLENCE
The University complies with the Jeanne Clery Campus Crime Statistics Act and the Campus Sexual Violence Elimination (SaVE) Act, a provision of the Violence Against Women Act (VAWA), in working to ensure a campus environment that is safe and secure for students in terms of domestic violence, sexual assault, dating violence and stalking
Sexual assault/rape and domestic violence are offenses with physical, psychological, social, and legal implications for the victim. Below are guidelines to address the concerns of a sexual assault victim within the UArts community and listing of the services provided at the University of the Arts and in the local area.
Dating violence is defined according to VWA and SaVE, as violence, sexual or physical in nature, committed by a personwho is or has been in a social relationship of a romantic or intimate nature with the victim. Domestic violence is defined as a felony or misdemeanor crime by a current or former spouse or intimate partner, a person with whom the victim shares a child, and/or a person who is cohabitating with the victim as an intimate partner.
Sexual assault and rape, which also includes, for the purposes of this handbook, domestic/dating violence and stalking, are violations of state and federal law and the UArts Student Code of Conduct. Sexual assault is defined as touching the body of another with a sexual intent and without the consent of the person being touched. This definition includes the offenses of stranger and date/known offender rape, forced anal or oral sex, and the unwanted touching of the sexual or other intimate parts of the person. Individuals are considered impaired and unable to give consent when intoxicated, of limited mental capability or other similar condition that interferes with reasonable judgment.
The University of the Arts is committed to treating the victim(s) of sexual assault, rape, and/or domestic violence with maximum sensitivity. The University encourages victims to come forward and report sexual assault, whether it has occurred on or off campus, so that they may receive assistance and learn about their options to file a complaint.
The University acknowledges that the victim has the right to report an incident without filing a complaint on campus or to local authorities; however, that does not preclude the University from notifying local law enforcement if there is a perceived threat to the student or the community.
UArts is also committed to protecting a victim’s confidentiality and will honor a request for confidentiality to the greatest extent possible, while maintaining its commitment to a safe environment for the University community. University personnel receiving a report of sexual assault or rape from a student should, at a minimum, report the basic information regarding the incident (e.g., date, time, place) to the Dean of Students and Director of Public Safety. A counselor in the UArts Counseling Center is one of the resources on campus that requires the victim’s permission to disclose information regarding the sexual assault to other University staff. If the victim wishes to preserve privacy of his/her identity, information will only be shared with those on a "need to know" basis (those whose area of responsibility requires this information). This will allow the Director of Public Safety to take preventative measures to ensure the protection of The University of the Arts community.
Campus Sexual Assault Victims' Bill of Rights
In accordance with section 485 of the Higher Education Act of 1965, the University of the Arts has implemented the following bill of rights that shall be afforded to all victims of reported campus-related sexual assaults. These rights have been adapted for UArts from the language used in the Higher Education Act and are described in more detail throughout this section.
- The right to have any and all sexual assaults against them treated with seriousness; the right, as victims, to be treated with dignity; and the right for campus organizations which assist such victims to be accorded recognition.
- The right to have sexual assaults committed against them investigated and adjudicated by the duly constituted criminal and civil authorities of the governmental entity in which the crimes occurred, if the victim so chooses; and the right to the full and prompt cooperation and assistance of University staff in notifying the proper authorities. The foregoing shall be in addition to any campus disciplinary proceedings.
- The right to be free from any kind of pressure from University staff that victims:
a. not report crimes committed against them to civil and criminal authorities or to public safety and student life staff; or
b. report crimes as lesser offenses than the victims perceive them to be.
- The right to be free from any kind of suggestion that sexual assault victims not report, or under-report, crimes because:
a. victims are somehow `responsible' for the commission of crimes against them;
b. victims were negligent or assumed the risk of being assaulted; or
c. by reporting crimes they would incur unwanted personal publicity.
- The same right to legal assistance, or ability to have others present, in any campus disciplinary proceeding that the institution permits to the accused; and the right to be notified of the outcome of such proceeding.
- The right to counseling services from any mental health services previously established by the institution, or by other victim-service entities, or by victims themselves.
- After campus sexual assaults have been reported, the victims of such crimes shall have the right to require that appropriate University staff take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact or proximity with alleged assailants, including immediate relocation of the victim to safe and secure alternative housing, and transfer of classes if requested by the victims.
- The right to report any inappropriate action, or lack thereof, in the handling of a reported sexual assault on the part of the University as a Title IX complaint.
Additionally, and in accordance with the SaVE Act, the University will work with students to ensure that they are able to continue their studies safetly while the matter is addressed. This includes applying, at the discretion of the Dean of Students (or his/her designee) and as a dictated by the situation and the needs of the victim, the use of administrative room changes, Orders of No Contact, Persona Non Grata orders, and/or other steps deemed necessary.
The University of the Arts provides educational programs regarding campus safety, generally, and sexual assault and rape, specifically, periodically throughout the academic year. Contact the Office of Student Life or Public Safety about program availability. Other resources regarding sexual assault and rape include the following:
- Counseling Center x-6614
- Health Services x-6230
- Student Life x-6970
- Public Safety x-6666
- Student Affairs/Dean of Students x-6617
- Women Organized Against Rape 24-Hour Hotline: 215-985-3315
The victim of sexual assault or rape has several resources within the UArts community with whom they may feel comfortable reporting an incident:
The Office of Public Safety
The function of the Office of Public Safety is to assist both the victim and the Philadelphia Police Department, and to ensure the safety and security of the University community. The victim is encouraged to come forward and report the sexual assault or rape, including known-offender rape, whether it has occurred on or off campus.
By reporting, they can receive assistance and support and learn about their options, such as filing a formal complaint either within the University disciplinary system and/or through the state criminal-justice system. When a sexual assault is reported to The Office of Public Safety, the Philadelphia Police Department is immediately notified.
If the victim reports the crime, she/he is provided information to assist in making a decision to file formal charges. When a charge is filed, the Philadelphia Police Department is always the primary investigatory agency.
The victim may be escorted by the Philadelphia Police Department to Thomas Jefferson University Hospital, a designated crisis center for treatment of sexual assault. UArts recommends that the victim be accompanied by a friend to the hospital, where the victim may receive a medical examination to identify and treat injuries, and to have evidence collected which may be used later should he or she wish to press charges. Members of the Philadelphia Police Special Victim’s Unit, who are specially trained in handling sensitive investigations of this nature, conduct an investigation.
Office of Student Life
Student Life professional staff and residential assistants (RAs) are trained to assist a victim of acquaintance or stranger rape, as well as provide resources available at the University and in the community. When a sexual assault is reported to Student Life staff, they are responsible for reporting basic information to the Dean of Students and the Director of Public Safety. If the victim wishes to preserve privacy of his/her identity, and/or that of the perpetrator, the name will be withheld when that information is shared. Student Life staff members can make referrals for medical treatment and/or counseling, provide information regarding the options to file a formal complaint and make recommendations regarding safety precautions.
Victims of sexual assault and rape may experience emotional distress and/or social adjustment issues either short or long-term. Any student who is a victim of sexual assault/rape is encouraged to contact a counselor at the Counseling Center. Counselors are prepared to assist a victim in processing the emotional impact of an incident and to aid with decision-making. Counselors work with victims to help restore their sense of control and personal empowerment.
The counselor on campus may not disclose any information, including that related to the sexual assault, to any person on or off campus without the student’s permission. Confidential counseling services are also available to the alleged perpetrator of a rape and/or sexual assault who must focus on the attitudes, values and behaviors involved in such a crime. Counselors will receive referrals from campus personnel including those in Student Affairs, Student Life, Student Health Services, Public Safety and the faculty. Students are also strongly encouraged to call the counseling staff on their own. Any victim of sexual assault who is in crisis will be seen immediately during working hours. Counselors can be contacted at other times through residential staff or the Office of Public Safety. Counselors will work with victims throughout their recovery process and/or until the victim is connected to the appropriate resource off campus.
Immediate medical support is strongly recommended in cases of sexual assault and rape. Health Services offers confidential medical treatment to victims of sexual assault until she or he is transported to the proper facility. If Health Services is closed at the time treatment is needed, a member of the Public Safety or Student Life staff may contact the Director of Health Services to assist. The victim should not bathe, douche, tidy up, or otherwise discard or conceal any evidence that might be used to apprehend the perpetrator. If there is any chance that the victim may choose to press charges, time is critical and some options may be lost by a delay. Immediate medical steps do not interfere with the victim’s decision whether or not to press charges. Health Services can also assist the student in contacting other resources available at the University or in the community.
Title IX Compliance Officer
If a student who reports an alleged sexual assault believes that the response by the University and its administrators was insufficient or inappropriate, they have the right to file a report with the Title IX Compliance Officer, Dr. R. Alan Leffers, Vice President for Enrollment, Retention and Student Affairs, who will oversee compliance efforts and investigate any complaints fully.
Procedures for Hearing on Sexual Assault
A Campus Standards Committee or administrative hearing on charges of sexual assault will follow the procedures for channeling charges against students as published in the Student Handbook.
In a case of alleged sexual assault or rape brought to the UArts conduct review system, hearings will be scheduled as quickly as possible. The Dean of Students, or his/her designee, who serves as the advisor to the Campus Standards Board and generally holds administrative hearings in cases of sexual assault or rape, meets with all complainants wishing to bring formal charges against a student. In cases of sexual assault or rape, the complainant may request that a same-sex member of the Campus Standards Board be present at the meeting to discuss the alleged incident, due process and charges that may be filed. Both the complainant and respondent are entitled to have an advisor present at the hearing, and both will be informed of the outcome, as outlined in the student conduct disciplinary hearing procedures. Sanctions may range from verbal warning up to and including dismissal from the University.
In all cases of alleged sexual assault, the University will take all reasonable steps to assure the complainants’ physical safety and general well-being, including available assistance in changing academic and living situations, if requested.
SEXUAL MISCONDUCT, SEXUAL HARASSMENT AND OTHER FORMS OF HARASSMENT
The University of the Arts is committed to maintaining an environment in which students, faculty and staff can pursue academic, artistic and professional excellence. Inappropriate workplace behavior and harassment create conditions that are wholly inconsistent with this committment. Such an environment can be secured only through mutual respect and unconstrained academic and professional interchange among faculty, staff and students. Faculty, staff and students of the University are entitled to participate in and obtain the benefits of University programs, activities and employment without being discriminated against on the absis of race, color, religion, sex, gender identity, national origin, age, mental or physical disability, veteran status, genetic information, the use of a guide or support animal because of the blindness, deafness or physical handicap of any individual or independent contractor, possession of a GED instead of a high school diploma and military status as defined by Pennsylvania law, sexual orientation, marital status, familial status and domestic/sexual violence victim status or any other prohibited factor.
The rights defined by this policy apply to all faculty, staff and students of the University, and the obligations are binding on all faculty and staff as part of their employment, regardless of tenure or years of service, and all students, regardless of academic status.
What Is Harassment/Sexual Harassment?
Harassment can take many forms, and is not necessarily sexual in nature. It may be, but is not limited to, unwelcome physical contact, intimidation, words, messages and sometimes even jokes and pranks. Keys to determining whether conduct is harassment include (i) whether it is unwelcome or unwanted; (ii) whether it is of the type that a reasonable, objective person would find offensive, hostile or abusive; and (iii) whether the harassment is based on a protected status such as gender, race or religion.
The term "sexual harassment" has a special meaning and refers to unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, advancement or success at the University; (2) submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual; or (3) such conduct has the purpose or effect of creating an intimidating, hostile, offensive or abusive working or educational environment, or otherwise unreasonably interferes with an individual’s terms and conditions of employment or enrollment as a student.
Sexual harassment also may include:
- unwanted physical contact or conduct of any kind, including sexual touching, lewd gestures, or flirtation;
- unwelcome sexual advances or propositions;
- requests for sexual favors;
- verbal abuse, threats or jokes of a sexual nature;
- demeaning, insulting, intimidating, or sexually suggestive comments about an individual or his or her dress or body;
- the display in the workplace of demeaning, insulting, intimidating or sexually suggestive objects, words or pictures, including nude photographs;
- the broadcast, publication, communication or electronic mailing of demeaning, insulting, intimidating or sexually suggestive written or recorded messages or images.
Although these examples of conduct may constitute harassment, it must be stressed that some of the types of conduct outlined above do not always rise to the level of prohibited harassment. Each situation must be evaluated in context.
Similarly offensive conduct directed at an individual because of his or her gender identity/expression, race, religion, creed, age, sexual orientation, national origin, pregnancy, disability or military status also may constitute prohibited harassment.
Academic Freedom and Artistic Expression
This policy shall not impair the lawful exercise of free speech (including written, graphic, verbal or artistic expression) that serves legitimate educational or artistic purposes; shall not infringe upon legitimate teaching methods; and shall not restrict the academic or artistic freedom of the members of University of the Arts community.
Staff/Student Interaction – Additional Prohibitions
In addition to the general prohibitions against harassment of any type, the University imposes an obligation on its staff members with regard to their interactions with students. No staff member may ask for a date, make a sexual advance to a student, or in any other way become romantically or sexually involved with a student. This rule is for the protection of students, staff and the University. If a staff member has any doubt or question about whether his or her relationship with a student violates this policy, the staff member should refrain from further interaction with the student and contact the Director of Personnel Services for advice. A staff member may not use, in any way, his or her status as a staff member to intimidate a student or advance a personal or sexual relationship.
Procedures for Reporting Sexual Harassment
Any student who has been the victim of harassment, must promptly report, either orally or in writing, the harassment to either the (i) Assistant Director for Student Conduct or (ii) the Associate Dean of Students, who also serves as a Deputy Title IX Compliance Coordinator. The matter should be reported as soon as possible after the conduct has occurred, so that it can receive prompt and appropriate attention through the conduct review process outlined in the Student Handbook. If, for any reason, the student is uncomfortable discussing such matters with one of the above officials, he or she must promptly report the matter the Vice President for Enrollment, Retention, and Student Affairs who also serves as the University’s Title IX Compliance Coordinator.
Any employee or faculty member who has been the victim of harassment, must promptly report, either orally or in writing, the harassment to either the (i) Director of Human Resources, who also serves as the Equal Opportunity Officer and Deputy Title IX Compliance Coordinator for the University or (ii) the Provost when the alleged harassing party is a member of the faculty. The matter should be reported as soon as possible after the conduct has occurred, so that it can receive prompt and appropriate attention through the conduct review process outlined in the Student Handbook. If, for any reason, the employee or faculty member is uncomfortable discussing such matters with one of the above officials, he or she must promptly report the matter to the Vice President for Enrollment, Retention, and Student Affairs who also serves as the University’s Title IX Compliance Coordinator.
In the event that a complaint of harassment — formal or informal, written or oral, from the alleged victim or otherwise — is made to an administrator, faculty member or staff supervisor other than those specifically identified above, that administrator, faculty member or staff supervisor must: (a) inform the person making the complaint that the matter will be referred to the Director of Human Resources; (b) ask the person making the complaint to write down the conduct or event(s) believed to be harassment, or record the complaint and obtain the alleged victim’s agreement that the record is accurate; and (c) promptly report, either orally or in writing, such complaint to the Director of Human Resources. Every University administrator, faculty member and staff supervisor has a duty to maintain a workplace/educational environment free of any form of harassment.
In the event of any report, orally or in writing, of harassment, a prompt inquiry will be made by the Deputy Title IX Compliance Coordinator to determine whether any harassment has occurred. If a preliminary inquiry into the matter indicates there may be validity to the charges, then the University will promptly proceed with a formal, thorough and impartial investigation. If such a formal investigation proceeds, interviews and/or statements will be obtained from all available involved parties, including the accuser, the accused and witnesses, if any. If applicable, documents and other evidence will be reviewed. During the investigation, intermediate measures — such as scheduling changes to avoid contact between the parties — may be taken to ensure that further harassment does not occur. The investigator(s), upon completion of the factual investigation, will reach factual conclusions, summarize them in writing, and report them to the Title IX Compliance Coordinator. For matters where it is alleged that the student is the harasser, the process will be investigated through the conduct review process, as outlined in the Student Handbook. Based upon the factual investigation and conclusions, and any other information that becomes available, the Title IX Compliance Coordinator , in consultation with the investigator(s), will reach aconclusion as to whether harassment occurred.
Remedial and Disciplinary Measures
If harassment is found, the University will take immediate steps to stop the harassment, implement appropriate corrective and disciplinary action, and initiate any necessary preventive measures to ensure the harassment does not occur again. Even if the University concludes that harassment did not occur, or that it is unable to determine one way or the other what occurred due to the lack of verifiable or credible evidence, the University may take disciplinary or preventive measures, such as training and monitoring, to ensure harassment does not occur in the future. Within 14 days of the complaint to one of the above officers (or after a longer period, if needed), the appropriate UArts official has the authority to resolve the matter with or without the imposition of sactions. A written record of the complaint, any investigation and the resolution of the complaint will be keot ub a confidential file in the Director of Human Resources' office. Any conclusion from the inquiry or investigation will be communicated to both the accuser and the accused, stressing the confidentiality and anti-retaliation provisions outlined in this policy.
The accuser and the accused shall have the right to review the written factual findings and conclusions of the investigator.
If the complaining party or the accused party is not satisfied with the resolution of the matter, he or she may request a meeting with the Title IX Compliance Coordinator within seven days of being informed of the proposed resolution. The complaining party and the named harassing party have the right to appear before the Associate Vice President for Student Affairs/Dean of Students for all matters involving students or the Provost for all matters involving faculty, at the discretion of the Title IX Coordinator, to provide information and to answer questions. At the conclusion of any such review, the Vice President or the Provost shall either affirm the prior conclusion or recommend alternative action. A written determination will be issued, and both the complaining party and the accused will be informed of this decision. No further University review is available. If a recommendation for dismissal is not upheld after exhaustion of the tenured faculty appeal process, the President shall nonetheless take remedial actions, including disciplinary actions short of dismissal, which are reasonably calculated to prevent any future harassment. Such actions are not subject to further review.
Retaliation or reprisal of any kind against anyone reporting allegations of harassment, or cooperating in an investigation of such a report, is strictly prohibited. Such retaliation shall be considered a serious violation of this policy and shall be punishable by discipline up to and including termination, regardless of whether the charge of harassment is substantiated. Examples of prohibited retaliation include: threatening reprisals against the employee or student who complained or cooperated in the investigation; unfairly changing the evaluations, assignments or working conditions of such a student or employee; or otherwise continuing any harassment against such person. If an employee or student is found to have intentionally lied about a claim of harassment, or brought the claim in bad faith, knowing that the allegation is false, then that employee or student may be subject to discipline.
Questions Regarding the Harassment Policy and Procedure
All questions regarding this Policy and Procedure should be directed to the Director of Human Resources or to the Dean of Students.
The University of the Arts maintains a smoke-free environment. Smoking is permitted only out of doors and 20 feet from building entrances and exits. Smoking is, in part, defined as carrying or holding of any lit or ignited pipe, cigar, cigarette, electronic cigarette, or any other lit or battery operated smoking equipment or device.
In an effort to assure a productive and harmonious work environment, persons not employed by The University of the Arts may not make solicitations or distribute literature at the University at any time for any purpose. The University recognizes that students and alumni may have interests in events and organizations outside the University. However, students and alumni may not make solicitations or distribute literature concerning these activities on the University campus or by electronic mail.
In 1974, the Congress of the United States enacted the Family Educational Rights and Privacy Act (FERPA), Public Law 93-380, as amended, setting out requirements designed to protect the privacy of students. Specifically, the statute governs 1) access to records maintained by certain educational institutions and agencies, and 2) the release of such records. In brief, the statute provides that such institutions must provide students access to official records directly related to themselves and an opportunity for a hearing to challenge such records; that institutions must obtain the written consent of the student before releasing personally identifiable data from records to other than specified exceptions; and that students must be notified of these rights.
As such, all students of the University of the Arts have the following rights with regard to educational records maintained by the University:
- The right to review educational records that are maintained by the University. These records generally include all records of a personally identifiable nature; however, they exclude the financial records of parents and confidential letters and statements of recommendation received prior to June 1, 1975.
- The right to inspect and review records. Such requests may be made by completing an "Access Request for Educational Records," which is available in the Office of the Registrar. Upon receipt of a request an appointment will be made to review records within 45 days.
- The right to appeal misinformation in the files. If a student believes any information in the file is inaccurate or misleading, that individual may request, in writing, the custodian of the record to amend, delete, or otherwise modify the objectionable material. If said request is denied, the student may request that a hearing be held to further pursue the request. At this hearing, the student may be represented by a person of his or her choice, if so desired. If after the hearing the request to amend is again denied by the University, the student has the right to place in the file a statement or other explanatory document, provided that such statements or documents relate solely to the disputed information.
- The right to appeal violation of rights. If a student believes that any of his or her rights have been violated by the University, he or she should make such facts known to the Dean of Students in writing. If the Dean of Students does not resolve the matter and the student still feels that his or her rights have been violated, he or she may so inform the Department of Education in writing.
- The right to file a complaint with the US Department of Education. Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W. Washington, D.C.
- The right to select a physician or other appropriate professional, at personal expense, to review records on a student’s behalf, that have been created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional while an individual has been a student at the University, filed with The University.
The Educational Record maintained by the University will consist of:
- Directory information as noted above
- Application for admission
- Applicant’s secondary school records
- Cumulative University of the Arts records of grades, credits, grade-point average, and academic actions
- Correspondence (or copies thereof) re: admission, enrollment, registration, probation
- Student petitions
- Disciplinary actions
- Departmental appraisals and evaluations of student progress
The Educational Records do not include:
- Parents’ and students’ confidential financial documents
- Counseling psychologists’ files
- Health Office files
- Faculty and staff memoranda/files retained for personal/professional use
Educational Records are maintained by the following:
- Office of the Registrar
- Office of Student Affairs and the Dean of Students
- Financial Aid Office
- Finance Office
- Office of Continuing Studies
A dependent student is defined as one who is declared a dependent by his or her parents for income-tax purposes. A student is defined as a person who attends or has attended the University. Persons who have applied to but who have not attended the University as an enrolled student are not covered under FERPA.
University Rights & Responsibilities
The University may not generally release any information outside the University that is maintained in educational records without prior consent or waiver. However, the University does have the right to release the following information:
- Email address
- Telephone listing
- Date and place of birth
- Major field of study
- Participation in officially recognized activities
- Dates of attendance
- Degrees and awards received
- The most recent previous educational institution attended by the student
- Enrollment status
If a student does not wish any of this information made public, either in a directory of students or in any other manner, the student must inform the Office of the Registrar no later than the end of the third week of classes each semester of the information not to be released.
The University may disclose FERPA-related information without consent to school officials when there is a legitimate educational interest. A school official is a person employed by the University in an administrative, supervisory, academic, or research or support staff position (including law enforcement unit personnel and health staff); or a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent). A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
While release of information from educational records to outside parties requires the student’s explicit consent, the following exceptions do not require the student’s consent:
- Compilation of general enrollment data for reports required by U.S. Government and Commonwealth of Pennsylvania Authorities;
- Participatory information-sharing with educational service associations such as the College Scholarship Service and the American Council on Education;
- Information about an individual student in the event of a personal emergency that is judged to threaten the health and/or safety of that student;
- Compliance with conduct review orders and lawfully issued subpoenas;
- Reference by appropriate University of the Arts faculty and professional staff.
- In cases of violent crime, the results of any disciplinary proceeding conducted by the University against an accused student to the alleged victim.
- Any release of information as outlined above that identifies an individual student and requires that student’s consent will be recorded in his or her permanent record.
- The status of a student who is a Registered Sex Offender.
The University reserves the right to inform parents/guardians of dependent students where it deems appropriate — specifically when it has cause to believe that a student’s status at the University may be in jeopardy due to disciplinary reasons.
Requests for the records of a deceased student must be accompanied by a notarized statement from the executor of the estate of the deceased approving the release of records. Requests concerning students who have long been deceased will be evaluated by the University based on legitimate educational interest.
Students are not permitted to have weapons on campus including, but not limited to, firearms of any kind, kung fu sticks, shuriken, knives (other than eating utensils), cap guns, ammunition and explosives (or explosive chemicals), among other dangerous weapons or substances. Students found to be in possession of such weapons or substances are subject to sanctions ranging up to expulsion from the University.
The University is committed to maintaining a safe working, learning, and living environment for all members of the University community. Threats, acts of aggression, and violence are unacceptable in the University community. Any such threat or violent act, regardless of intent, will be considered serious misconduct and may be the basis for disciplinary action, up to and including dismissal. In addition, the University prohibits the possession of firearms, explosives, and other dangerous weapons on campus and at University functions off-campus (see weapons policy).
WORKING FOR FACULTY/STAFF
Students may, on occasion, be asked by faculty or staff to work on external professional projects or activities. Such activities may range from “one-off” events (e.g., performing in a one-night “gig”, or a half-day of exhibition installation work off campus) to an ongoing employment relationship of greater duration (e.g., multiple rehearsals and performances for a show or series of shows). When faculty or staff hire current UArts students for “one-off” events or activities, the following norms must be observed:
- The student must be paid an agreed hourly rate or flat fee for their work, and all payments to the student must be made mindful of and consistent with city, state and local tax regulations.
- The student must be provided with a written and signed understanding recording the activity involved, the agreed-upon payment, and the student’s acceptance of the terms.
- A student may not be hired by an instructor while registered for a class taught by that instructor. (Exceptions to this norm require approval by the Dean of the student’s major academic unit.)
- The project must not require the student to miss scheduled classes or other activities required by registration in a course.
Additionally, when faculty or staff hire students over a period of multiple dates and times, or across multiple events, these norms must be observed:
- The student’s participation must be approved in advance by the student’s School Director (in CAMD and CPA) and by the Dean of the student’s major academic unit (or his/her designate).
- The student must notify his/her faculty advisor of the project or activity, in order to provide ongoing mentorship of academic commitments and time management.