Statement of Non-discrimination
Lebanon Valley College does not discriminate on the basis of race, color, religion, gender, national origin, sexual orientation, disability, or age in its programs or activities. The College is committed to a policy of equal opportunity in all aspects of employment, including application, promotion, and transfer. Anyone who believes that he/she has been subjected to discrimination in violation of this policy is encouraged to report the problem to the EEO/Title IX Coordinator or the Vice President for Academic Affairs.

Equal Employment Opportunity Policy
Lebanon Valley College is an equal employment opportunity employer dedicated to a policy of non-discrimination in employment without regard to race, color, religion, gender, national origin, sexual orientation, disability, or age. Anyone who believes that he/she has been subjected to discrimination in violation of this policy is encouraged to report the problem to the EEO/Title IX Coordinator or the Vice President for Academic Affairs.

Sexual and Other Unlawful Harassment Policy
Prohibition on Sexual and Other Unlawful Harassment
Lebanon Valley College is committed to maintaining an environment conducive to learning for all students. Lebanon Valley College will not tolerate harassment or discrimination on the basis of sex, race, color, national origin, age, religion, disability, or sexual orientation. Harassment on the basis of sex or any other protected characteristic may affect or interfere with a student’s work or academic performance and create an intimidating or hostile environment for that student. As such, harassment or discrimination on the basis of sex, race, color, national origin, age, disability, religion, or sexual orientation is contrary to College policy, contrary to the values of Lebanon Valley College, and violates the Student Code of Conduct.

Definition of Sexual Harassment
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature or other gender-motivated offensive conduct constitutes sexual harassment when:

1. submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of the student’s education or academic success;
2. submission to or rejection of such conduct by the students is used as the basis for academic decisions affecting the student; 
3. such conduct has the purpose or effect of unreasonably interfering with the student’s academic performance or creating an intimidating, hostile, or offensive academic environment.

Examples of sexually harassing behavior include, but are not limited to, the following:

• unwelcome verbal harassment or abuse of a sexual nature;
• unwelcome demands, threats, or pressure for sexual activity;
• unwelcome sexually motivated or inappropriate touching, petting, pinching, or other physical contact;
• unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment or academic status;
• unwelcome behavior or communications (verbal or written) directed at an individual because of gender;
• the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs the student’s full enjoyment of academic benefits, institutional climate, or educational opportunities;
• unwelcome sexually suggestive or obscene letters or notes;
• sexual rumors or name calling;
• unwelcome comments about one’s body or physical characteristics; 
• unwelcome salacious jokes or stories or dehumanizing graffiti;
• unwelcome displays of suggestive pictures, cartoons or objects;
• assault or attempted assault which is gender-based.

Sexual harassment often takes place between persons of unequal power status. Faculty, academic professionals, administrators and others who teach or supervise students (including advisors, counselors, resident assistants, and coaches) as well as all those who supervise or otherwise hold positions of authority over students, employees or others should understand the fundamentally asymmetrical nature of the relationship that person has with students or subordinates. Sexual harassment can take many forms beyond what is obvious and can also occur between equals, i.e., student to student, staff to staff, faculty/academic professional to faculty/academic professional and third parties to College employees and/or students. In certain circumstances, sexual harassment can also take place between people of the same gender.

Definition of Other Unlawful Harassment
Harassment based on race, color, national origin, age, religion, disability, or sexual orientation is also prohibited under Lebanon Valley College policy. Conduct based on these bases constitutes harassment when:

1. The harassing conduct is sufficiently severe, persistent or pervasive that it affects the terms and conditions of employment, or affects a student’s ability to participate in or benefit from an academic program or activity, or creates an intimidating, threatening or abusive work or educational environment due to an individual’s protected characteristic;
2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
3. The harassing conduct otherwise adversely affects an individual’s employment or learning opportunities.

Examples of harassing behavior on the basis of race, color, national origin, age, religion or sexual orientation include, but are not limited to, the following:

• intimidation and implied or overt threats of physical violence motivated by any of these protected characteristics;
• physical acts of aggression or assault upon another, damage to an individual’s property that is motivated by that person’s race, color, national origin, age, religion, disability or sexual orientation;
• demeaning racial jokes, epithets, taunting, racial slurs and derogatory racial nicknames, innuendos or other negative or derogatory remarks of a racial nature or relating to color, national origin, age, religion, disability or sexual orientation (depending upon circumstances and context);
• graffiti and/or slogans or visual displays such as cartoons or posters depicting slurs or derogatory sentiments based upon race, color, national origin, age, religion, disability or sexual orientation (depending upon circumstances and context);
• criminal offenses directed at persons because of their race, color, national origin, age, religion, disability or sexual orientation

Student/Employee Relationships
College faculty and other members of the administration and staff who teach or exercise authority over students, who provide counseling, advising, and mentoring to students, or who assess and evaluate student academic, artistic, or athletic performance are prohibited from cultivating a romantic or intimate relationship with students. Students, for their part, should not seek to initiate romantic or intimate relationships with such persons. The College prohibits these relationships because of the enormous power differential that exists between students, on the one hand, and between those persons who oversee and guide their work, play, and lives, on the other. The College consequently regards even consensual romantic or intimate relationships between students and those exercising authority over them as fraught with the possibility of abuse and favoritism.

Reporting Sexual or Other Unlawful Harassment Complaints
Students who believe they have experienced sexual harassment or other unlawful harassment or persons acting on behalf of such students must report the problem to the EEO/Title IX Coordinator not later than ten (10) working/school days following the alleged event. In the event that this individual is unavailable or involved in the alleged harassment, complaints may be lodged with the Dean of Students. All students and all members of the faculty, administration, staff are required immediately to report incidents of harassment, including those involving students, which they observe or of which they become aware to the EEO/Title IX Coordinator or, alternatively, to the Dean of Students. 

Investigating Complaints of Sexual or Other Unlawful Harassment
All complaints against students will be promptly, thoroughly, and impartially investigated according to the provisions of the Student Conduct Code as set forth in the Student Handbook. Complaints by students against members of the College faculty, administration, or staff will be promptly, thoroughly, and impartially investigated according to the provisions of the Sexual and Other Unlawful Harassment Policy described respectively in the Faculty Policies Manual, the Administrative Handbook, and the Staff Handbook. A written report of any investigation and its findings will be prepared following completion of the investigation. 

In determining whether alleged conduct constitutes a violation of this policy, Lebanon Valley College will consider all relevant information and circumstances. If harassment is found to have occurred, immediate and appropriate action will be taken to stop the harassment, prevent its recurrence, and correct its effects.

Sanctions
Students found responsible of sexual harassment or other unlawful harassment against students, College employees, or third parties shall be subject to discipline in accordance with sanctions—up to and including expulsion from the College—described under the terms of the Student Conduct Code. A students not satisfied with the discipline imposed on him/her as a result of engaging in prohibited harassment can request that the matter be reviewed by the Dean of Students pursuant to the Hearing Procedures of the Student Handbook. A faculty member, administrator, or member of the staff found responsible of prohibited harassment of students shall be subject to disciplinary action pursuant to applicable policies described respectively in the Faculty Policies Manual, the Administrative Handbook, and the Staff Handbook.

Prohibition on Reprisals and Retaliation
No person shall retaliate against any person who reports alleged sexual harassment or unlawful harassment or who testifies, assists, cooperates or participates in an investigation or other proceeding related to making a sexual harassment or unlawful harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. The College will discipline and/or take appropriate action against any student, faculty member, administrator or other College employee who retaliates against or attempts to retaliate against any person who reports alleged harassment or violence, and/or files a complaint under any of the harassment or related policies.

Confidentiality
Students are advised that if they request confidentiality or ask that no action be taken in response to a complaint of sexual harassment or unlawful harassment, such a request limits the College’s ability to respond. In the event that a student requests continued confidentiality, the College will carefully consider if the request can and should be honored. The College reserves the discretion to honor a confidentiality request based upon whether such a request limits its ability to remedy the harassment, prevent harassment of other students, or unreasonably limits the accused person’s ability to adequately defend himself or herself.

To the extent that the College can honor a student’s request for confidentiality consistent with these considerations, it will attempt to do so. Students should understand that the College may not be able to honor requests for confidentiality in those situations where the student or other students are at risk.

College personnel shall refrain from disclosing any information in connection with student behavior or discipline in a manner that would tend to result in the identification of individual students. Nothing in this section shall prevent the disclosure of such information under circumstances required by law. Confidential records of complaints will be maintained by the EEO/Title IX Coordinator. Such records may be discoverable in a court of law (i.e., records may be subpoenaed or otherwise subject to discovery or court order).

Bias Response Team
The Bias Response Team (BRT), which consists of faculty, administrators, and students, helps to assess situations and events that appear to violate the terms of our social compact expressed in the oath of matriculation when incoming students promise “to respect the community and each of its members as colleagues.” The BRT is conceived as a kind of “hot line” to which people can turn for immediate counsel and assistance in considering the character and gravity of instances of harassment or other acts of bias based on race, national or ethnic origin, gender, age, sexual orientation, religion, or disability. The Team functions as a non-bureaucratic, agile, and readily accessible forum, reporting directly to the President of the College. 

The BRT is not a substitute for existing structures and procedures at the College that deal with allegations of harassment or intimidation. Rather, the Team offers an informal way for members of the LVC community who experience or observe instances of harassment or intimidation to talk confidentially with an objective but sympathetic listener who can help them weight the character and seriousness of what they have seen or heard and consider an appropriate response.

 
Policy and Guidelines on Public Expression Activities
I. Policy Regarding Public Expression Activities
Freedom of Public Expression
Lebanon Valley College is committed to providing an environment where issues can be publicly discussed and explored. The freedom to exchange views publicly is essential to the life of the College. In order to provide an atmosphere in which open communication can occur without disrupting the academic mission or the daily functions of the College, the College is introducing this policy which shall govern all forms of public expression activity including campus meetings and forums, public demonstrations, public speeches, and the distribution and/or posting of written materials carried out in connection with these activities.

Lebanon Valley College affords all members of the College Community (defined as currently enrolled students, currently employed members of the faculty, administration, and staff, and officially recognized student, faculty, administrative, or staff organizations) substantial privileges with respect to freedom of speech and expression. The College encourages a balanced approach in all communications and the inclusion of contrary points of view. This freedom, however, is subject to reasonable restrictions of time, place, and manner so that the activities do not intrude upon or interfere with the academic mission and daily functions of the College, or with other rights of members of the College community as defined under College policy.

Note that these policies and guidelines refer to public—out-of-class—activities, not to the conduct of classes themselves or to other normal course-related academic activities where standards are determined by faculty practice and authority.

Basic Principles of Free Expression
Anyone choosing to engage in any form of public expression at the College must adhere to and observe these basic principles of freedom of expression:

1. Groups or individuals engaged in public expression activities must take upon themselves the responsibility for seeing that reasonable order and decorum are maintained in their activities.
2. Public expression activities cannot be unlawful and must not violate or conflict with local, state, or federal laws. Such activities must not violate the College’s Harassment policy, or any other College policy.
3. Public expression activities cannot jeopardize public or individual safety.
4. The public expression of views and opinions cannot prevent, impede, unduly obstruct, disturb, or interfere with the following 
   • Regular academic activities conducted in classrooms, laboratories, study facilities, libraries, or other facilities
   • Regular business activities of the College
   • The regular functioning of the College’s residence hall communities
   • Pedestrian or vehicular traffic
5. In accordance with the free traditions of the College Community, audiences shall be allowed to ask questions of speakers unless considerations of time, format, or the like indicate otherwise.
6. The speaker’s ability to speak and the audience’s right to see and to hear a speaker may not be unreasonably impeded.
7. It is assumed that all events will be open to those wishing to attend unless publicity indicates that the event is for members only.
8. Non-members of the College Community are not permitted to be actively involved as speakers, presenters, entertainers, etc. in public expression activities on College property (except as members of the audience at events open to the public) unless they are invited and sponsored by an academic/administrative department or a recognized student or faculty organization.

II. Guidelines for Public Expression Activity on Campus
To clarify expected behaviors for public expression activity, the College offers the following definitions and guidelines for such activity:

Examples of “Public Expression Activities”
Public expression activities include the following: assemblies, demonstrations, debates, forums, rallies, protests, picketing, public speeches, sit-ins, etc. that are held on College property and that are open to the general campus community.

Definition of “members” and “non-members” of the College Community 

Currently enrolled students, currently employed members of the faculty, administration, and staff, and officially recognized student, faculty, administrative, or staff organizations are understood to be “members of the College Community” as used in this policy and these guidelines. In addition to individuals who do not belong to any of these identified groups, groups or organizations that includes one or more persons who are not members of the College community as active participants in the planned speech/demonstration are considered “non-members of the College Community.”

Definition of “Sponsor”
A Sponsor is a recognized student or faculty organization or an academic or administrative department that invites a non-member of the College Community to speak or demonstrate on Campus. Individual members of the College Community can serve as sponsors only through the support of their department or recognized organization.

Responsibilities of a Sponsor
The Sponsor must agree to take on the following responsibilities for the on-campus activities of a non-College individual, group, or organization:

1. The Sponsor is responsible for assuring that the activities of the sponsored individual or group are carried out in accordance with the expectations delineated in the College Policy on Freedom of Public Expression and these Guidelines. 
2. The Sponsor must be clearly identified in all publicity materials, and at the beginning of the event itself.
3. If the College determines that additional security measures are necessary to assure compliance with the Policy on Freedom of Public Expression, the Sponsor must agree to such additional security and shall be responsible for the cost of these additional security measures.

Notice of Time of Public Expression
Public expression activities must be conducted at times such that they do not create a disruption of College work. Members of the College Community engaging in public expression activities are encouraged to give prior notice of their plans to the Vice-Presidents of Academic and Student Affairs or their designees at least 24 business hours prior to the event. This prior notice will help assure that the policy and guidelines are followed.

In the case of public expression activities by individuals or groups that are not members of the College Community, the Sponsor of public expression activities by non-members of the College community must give prior notice of its plans to the Vice-Presidents of Academic and Student Affairs or their designees at least 48 working hours prior to the event. This prior notice will help assure that this policy and these guidelines are followed. 

Location/Place of Public Expression Activities
The College reserves the right to designate the location of public expression activities both by members and non-members of the College Community. The College may specify an area as being especially suitable for such activities such as the plaza of the Student Center as an example of a location that meets the basic requirements of the principles described in this policy and in these guidelines. Groups may be encouraged to consider the plaza of the Student Center as a primary location for public expression activities on campus. The College also reserves the right to relocate or suspend any assembly that becomes disruptive to the normal operations of the College or that violates College policy.

 
Manner of Public Expression on Campus
Principles of Free Expression: The Principles of Free Expression as set forth in the College’s Policy on Freedom of Public Expression must be followed.
College/Personal Property: Damage or destruction of property is prohibited.
Signs: Illuminated signs and flashing lights may not be used. Hand-held signs are permitted, but they may not be placed on or affixed to the ground or structures.
Amplification Equipment: The College reserves the right to restrict the use of amplification equipment in association with any public expression activity. The use of amplification must be approved by the College in advance of the activity, and can be prohibited altogether.
Structures: The placing or erecting of structures of any size or material is prohibited.
Pamphlets: Papers, pamphlets, and similar materials may be distributed in person by members of the College Community or by Sponsored non-members of the College Community.

The Public Distribution and Posting of Written Materials
Members of the College Community are permitted to publicly distribute written materials in accordance with the Policy and Guidelines on Freedom of Public Expression.

Non-members of College Community are not permitted to publicly distribute written materials on College property unless they are invited and sponsored by an academic or administrative department or a recognized student or faculty organization.

General Prohibition: Except as permitted herein, no poster, notice, handbill, or any other form of announcement or statement may be placed on, attached to, or written on any structure or natural feature of the Campus such as the sides of doors or buildings, windows, the surface of walkways or roads, fountains, posts, waste receptacles, or trees.
Buildings: Postings within Campus buildings is permitted only on bulletin boards designated as “general purpose” bulletin boards.
No Other Locations: No postings may be made in any location other than those designated in these Guidelines without prior approval from the Dean of Students.
Identification: Any postings must clearly and prominently identify the organization/individual responsible for the posting.
Time period for posting: All postings must be dated. The College may remove any out of date postings.
Chalking: Chalking is not permitted on sidewalks, plazas, buildings, or on any brick surfaces.
Failure to comply with these guidelines: May result in removal of the posting in question.

III. Violation of Policy and Guidelines
The Vice-Presidents of Academic and Student Affairs or their designees will be responsible for administering this policy and the related guidelines. The Dean of the Faculty will, in general, oversee this policy with respect to faculty and administrators; The Dean of Students will, in general, oversee this policy with respect to students. Violations of this policy and the related guidelines are subject to disciplinary sanctions. Violations will be resolved through the disciplinary process as set forth in the applicable guidelines regarding employees (faculty and administration) and students. Non-members of the College Community acting in violation of this policy and/or the related guidelines will be required to leave campus and may be referred to the Annville Township Police in the event of violations of civil or criminal code.

Sexual Misconduct and Sexual Harassment
Lebanon Valley College does not condone and will not tolerate sexual misconduct and/or sexual harassment in any form. When cases are reported, confidentiality and protection of the victim and prevention of further injury are the first priority. The College will make every reasonable effort to be responsive and sensitive to the victims of, sexual misconduct and/or sexual harassment. Because of the traumatic nature of these situations, the College judicial system will respond quickly to the charges and resolve the situation as expediently as possible while using all reasonable efforts to ensure that the rights of all parties involved are protected.

Reporting the Incident to a College Official
The College takes incidents of sexual misconduct and/or sexual harassment very seriously and encourages students to report all incidents. Students are free to report violations of this policy to the Vice President of Student Affairs, the Associate Dean for Student Affairs, Residential Life or Public Safety Staffs regardless of whether or not they choose to file a formal on campus complaint or press formal charges with law enforcement.

Reporting Options
Persons may choose to pursue any or all of the following options:

• Make use of campus and community confidential resources
• Report the incident to a College Official
• File a formal complaint with a College Official
• Contact the Annville Police Department or other law enforcement agencies

College staff will treat each situation with sensitivity and, to the extent reasonably possible, confidentiality. In order for the College staff to respond effectively to an incident, it should be reported as soon as possible. The college reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct and/or sexual harassment in order to protect students’ rights and personal safety. Such measures include, but are not limited to, modification of living arrangements/class schedules, interim suspension from campus pending a hearing, and reporting to the local police. Prosecution by the criminal justice authorities is not a requirement for the on-campus judicial process to be initiated.

As a result of the initial discussions between the complainant and appropriate College official, the College will conduct a prompt and thorough investigation into the matter, and will take any reasonable steps that it deems appropriate to remedy the situation. This investigation will take place regardless of whether the complainant chooses to file a formal written complaint. The College will attempt to honor a complainant’s request for anonymity; unless an effective investigation cannot be conducted without disclosure of the complainant’s identity. In any event, the College will make reasonable efforts to protect the complainant’s right to be free from any retaliation in the classroom or anywhere on campus for having made a complaint.

For those students who are unsure about their options and would like to explore them confidentially, they should contact Health and Counseling Services. Students may decide to make a formal complaint after meeting with one of the staff members in these areas. Discussing the situation with Counseling Services or the Health Center staff does not constitute making a report as these professionals are bound by confidentiality.

The College encourages victims of sexual misconduct and/or sexual harassment to report violations of this policy to College officials, but recognizes that some victims are hesitant to report to College officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of our community that as many victims as possible choose to report to College officials. To encourage reporting, the College pursues a policy of offering alleged victims amnesty from policy violations related to the incident.

If, after the initial discussions, the complainant decides to file a formal complaint, the Associate Dean of Student Affairs will instruct the complainant regarding the process for preparing a written statement.

Some violations of this policy may also be a crime. In particular, sexual misconduct such as sexual assault is a criminal offense as well as a violation of this policy and both criminal and College charges may arise from an alleged incident. The College’s process is separate and distinct from the criminal process and is only making a determination regarding violation of this policy. Individuals who believe that they have been sexually assaulted are urged to contact the Annville Police Department and to preserve any evidence that may be necessary for proving the crime. A Public Safety Officer or Student Affairs staff member can assist in the reporting process to the Annville Police Department. The College strongly encourages students to work with the Annville Police Department, and will work with the local authorities to facilitate a timely investigative process. The College’s adjudication may proceed regardless of the status of the criminal justice process. The college may investigate and adjudicate reports of sexual misconduct without the permission or participation of the parties involved.

Support Services
Students who feel that they are the victim of sexual misconduct, including sexual assault, rape, and sexual harassment are encouraged to seek out support and report the incident. There are both resources on campus and in the Lebanon County Community to assist alleged victims.

Confidential On Campus Resources

• Health Services 717-867-6232
• Counseling Services 717-867-6696

Confidential Off Campus Resources

• Sexual Assault Resource and Counseling Center (717-272-5308) is available to all students.

Talking to a counselor does not constitute reporting the incident; however, the counselor can help you to report the incident if you choose to do so. Talking to a counselor and/or reporting the incident can be initiated at any time. It does not have to be immediate and it does not depend on the collection of physical evidence. Members of the Health and Counseling Services staff are confidential resources and do not investigate incidents. They do not make identifiable reports of incidents to College staff unless the student requests them to do so. Faculty, staff, and administrators outside of these two areas are not confidential resources. If a student discusses the incident with College staff, or a faculty member, with the exception of therapists from Counseling Services and Health Services personnel, the staff member or faculty member must contact Student Affairs or Public Safety staff to file a report or an Anonymous Report of sexual misconduct as required by the Clery Act.

In the immediate aftermath of sexual misconduct such as sexual assault or rape, medical care and the collection of physical evidence are very important. The individual should not shower, bathe, or change clothes and may be taken to the hospital emergency room or Health Services (717-867-6232, 9 a.m.–6 p.m., Monday–Friday) as soon as possible.

On Campus Resources for reporting an Incident
Incidents should be reported to one of the following offices:

• Vice President for Student Affairs: ext. 6233, 717-867-6238
• Associate Dean of Student Affairs: ext. 6233, 717-867-6234
• Residential Life Staff: ext. 6233, 717-867-6231
• Public Safety Staff: ext. 6111, 717-867-6111

Off Campus Resources

• Annville Township Police Department: 717-867-2711
• Sexual Assault Resource and Counseling Center: 717-272-5308
• Good Samaritan Hospital: 717-270-7500
• Hershey Medical Center: 717-531-8521

Campus and Community Confidential Support Services
The decision of whether or not to report a case of sexual misconduct, sexual harassment or sexually inappropriate behavior can be a difficult one, especially in the immediate aftermath of the incident. Talking with a trained counselor can be extremely helpful in dealing with the emotional trauma and in arriving at a decision about whether or not to report the incident. The counseling staff at Lebanon Valley College is available to help. All information will be held in strict confidence except as otherwise permitted by law.

Policy Definition
Lebanon Valley College prohibits all sexual misconduct and sexual harassment. This includes, but is not limited to: sexual misconduct, including sexual assault; incapacitated sex and/or sexual contact; sexual harassment; sexual exploitation; coercion for sex and/or sexual contact and retaliation. Incidents which a student considers to be violation of this policy should be reported as outlined in this policy.

Sexual Harassment
Unwelcome sexual advances or threats, deliberate or careless use of offensive or demeaning terms that have sexual connotations or are gender-based, repeated and unwelcome requests for sexual favors or a romantic relationship, repeated and unwelcome letters, phone calls, or e-mails of a sexual or romantic nature, sexually motivated physical contact, or other verbal, electronic, or physical conduct or communication of a sexual nature. Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive that it alters the conditions of education from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.

Non-Consensual Sexual Contact is defined as engaging in any sexual contact other than intercourse with another person without that person’s consent or cognizance. Sexual misconduct is any non-consensual sexual contact, including any improper touching of intimate body parts. Sexual misconduct is the unwanted removal of another’s clothing, indecent exposure, indecent contact (i.e., the unwanted touching of intimate body parts including, but not limited to genitals, buttocks, groin or breasts) or causing another to have indecent contact with them. It is important to note that it is illegal to administer alcohol and/or any other drug for the purpose of preventing resistance and/or inducing a mental state where the individual is incapable of appraising the nature of his/ her conduct. Consent cannot be given by an intoxicated, sleeping, or unconscious person. Silence or non-communication should not be interpreted as effective consent.

Non-Consensual Sexual Intercourse is defined as engaging in sexual intercourse (oral, anal or vaginal) with another person without that person’s consent or cognizance. Rape may be accomplished by expressly or implicitly forcing or coercing the victim to have sexual intercourse against his/her will, including the use or threat of physical force, or any behavior that is designed to intimidate and induce fear in the victim. Rape can also occur when a victim is under the influence of alcohol or other drugs, is undergoing physical or emotional trauma, is less than 17 years of age, or is otherwise incapable of denying or giving consent (for example, when a victim is in an unconscious or semi-conscious state). Consent cannot be given by an intoxicated, sleeping, or unconscious person. Silence or non-communication should not be interpreted as effective consent.

Acquaintance rape or date rape is defined as rape committed against an acquaintance, friend, or date under the conditions described above. The victim’s consent to socialize or date does not constitute consent to sexual intercourse.

Consent
All sexual interaction between two people must be consensual. Effective consent is informed, freely and actively given, using mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not effective if it results from the use of physical or perceived physical force, if there is intimidation or coercion, or if the recipient party is incapacitated. Affirmative consent is desired with burden of obtaining consent on the party seeking to initiate a sexual encounter. Silence, in and of itself, cannot be interpreted as consent.

Coercion
Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates the norms of the community, such that the application of pressure or oppression causes the object of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors such as isolation and the initiator’s knowledge that the pressure is unwanted.

Sexual Exploitation
Occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: non-consensual video or audio-taping of sexual activity; voyeurism, prostitution of self or others.

Retaliatory harassment is any adverse educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct.

Filing a Formal Complaint
Students wishing to bring a complaint of sexual misconduct, sexual harassment, sexual inappropriate behavior should contact the Vice President for Student Affairs, Associate Dean of Student Affairs, Residential Life staff, or Public Safety. The staff in each of these areas has reporting authorities and will initiate the College’s investigative process into an incident. This will include notification to Public Safety and in some cases the Annville Police Department. A College official will apprise the student of the College’s policies and procedures in such cases, the rights of both parties, and the possible outcomes. The College official or his/her designee will request that the student complete a formal written statement.

Once a formal complaint has been filed, the alleged offender named in the complaint will be contacted and the alleged offender will be provided with a copy of the formal written statement. Every reasonable effort will be made to protect the confidentiality of all parties involved. The College official will appraise the alleged offender of the College’s policies and procedures in such cases, the rights of both parties, and the possible outcomes.

Investigations will be conducted by the Associate Dean of Student Affairs or other investigator designated by the Associate Dean of Students. Investigation by the College will begin promptly. As stated in the introduction, all reasonable efforts will be made to keep information private during the College’s investigation and adjudication of a complaint.

The investigation will generally include an interview with the complainant, alleged offender and anyone else deemed by the Associate Dean of Students as having important information related to the incident. The complainant and accused are permitted to have an advisor present during this interview(s) as well as during any meetings during the adjudication of charges. Advisors must be a faculty, administrator, staff or student member of the College community. The role of an Advisor is to support the complaint and the accused throughout the process, but the Advisor may not represent the accused or complainant. The student and Advisor may speak quietly to one another or request a short break in order to speak.

Students charged with violating this policy may be subject to an Interim Suspension or other temporary adjustments to living arrangements, class schedule, etc. until the complaint is resolved. These actions are not a presumption of responsibility for violation of this policy. Please see the Interim Suspension policy for more information.

Adjudication of the Policy on Sexual Misconduct, Sexual Harassment and sexually inappropriate behavior complaints will be conducted by the Associate Dean of Students or her/his designee or a Campus Judicial Board. The standard of proof will be the preponderance of the information standard.

Written charges will be presented to the accused indicating the potential elements of this policy that may have been violated. The accused will be asked to provide a written statement related to the charges.

The Associate Dean of Students or his/her designee or a Campus Judicial Board will determine by the preponderance of the information if a violation of the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate behavior occurred and, if so, also determine any necessary disciplinary action.

Resolving the Complaint
The judicial body will resolve the case as promptly and equitable as possible using the preponderance of the information as the standard of proof in order to determine whether or not the alleged offender has violated Lebanon Valley College’s Policy on Sexual Misconduct and/or Sexual Harassment as described in this document. The judicial body will make every reasonable effort to resolve the complaint of this policy in such a way as to ensure that the rights of both parties are carefully protected. All proceedings before the judicial body are closed to the public. The hearing conducted by the judicial body will be recorded on audiotape and that tape will be made available to those College officials responsible for the sanctions and the appeal process. The tape will not be published or released to anyone unless deemed necessary by the College in the context of legal proceedings.

A student has the option of initiating charges through the on-campus judicial system and/or the court system. No action of the College shall be construed to limit the victim’s right to initiate civil and/or criminal proceedings against the alleged perpetrator in a Commonwealth court. Also, in the event that the student decides to pursue redress through the College judicial process, such action will occur regardless of the intent to pursue or the outcome of any Commonwealth action.

If charges are filed with both Lebanon Valley College and the Court System, the adjudication processes will remain separate and distinct. The College’s adjudication of charges will proceed regardless of the criminal justice process. After consulting with College staff or agencies listed above, a victim may decide to file charges with the Annville Police Department and/or to file a formal complaint with the appropriate Lebanon Valley College official.

Informal Resolution
In some cases the complainant or the alleged offender may request that the parties attempt to reach an informal resolution of a complaint rather than proceeding with formal adjudication. If both the complainant and the alleged offender agree to participate in this process, the Associate Dean of Student Affairs or his/her designee will meet with both parties (separately or together, as appropriate) and attempt to facilitate an appropriate resolution to the matter. If the complainant or the alleged offender withdraws his/her consent to participate in this process before the process is concluded, if the parties cannot agree upon an appropriate resolution (including, without limitation, any sanctions to be imposed), or if the Associate Dean of Student Affairs or his/her designee determines that the resolution agreed upon by the parties is not in the best interests of the College, its students and/or other members of the campus community, the case will be referred to a judicial body. In some cases, a mediated resolution may not be appropriate even if the alleged perpetrator and victim are willing to resolve in mutual ways.
During a hearing, the victim/survivor and the accused are afforded the following rights:

1. The right to remain silent
2. The right to make his/her statement without being in the presence of the accused/complaint
3. The right not to have his /her past sexual history with persons other than the accused/complaint discussed during the hearing
4. The right to report his/her account of the incident and to call witness to testify
5. The right to have access to health and counseling services
6. The right to request/select a member of the campus community to serve as a support throughout the process
7. The right to be free from intimidation
8. The right to have access to written reports for review prior to the hearing
9. The right to have a “Victim Impact Statement” which is an oral or written statement
10. The right to be informed of the judicial decision as soon as possible
11. The right to appeal

Hearing procedure and guidelines are located in the Student Handbook.

Sanctions
Sexual Harassment and Sexual Misconduct such as Sexual Assault and Rape are major violations of the Student Conduct Code. A student found responsible for violating this policy may be assigned sanctions that include, but are not limited to disciplinary probation, residence reassignments, no-contact, College suspension, or College expulsion. Not all forms of violations of this policy will be deemed to be equally serious offenses, and the College reserves the right to impose differing sanctions, ranging from verbal warning to dismissal, depending on the severity of the offense. The College will consider the concerns and rights of both the complainant and the person accused of violations of this policy when making determinations. Only after a student has been found responsible will previous student conduct be considered.

The decision of the judicial body will be communicated in writing to the complainant and the accused of the judicial body’s decision, as to the College policies, if any, determined to have been violated, and a description of any sanctions to be imposed.

Sexual assault and rape are criminal acts, which also subjects the alleged perpetrator to prosecution under Pennsylvania criminal statutes.

Appeal Process
Appeals of this Policy will be heard by the Vice President for Student Affairs. If the Vice President has been actively involved in the initial adjudication, the President and/or his or her designee will serve as the final appeal.

Reasons for Appeal
The accused or complainant may appeal a decision in a case for the following reasons: (Severity of sanctions, due process, or new information)

1. To determine whether the sanction(s) imposed were appropriate for the violation of policy for which the student was found responsible;
2. Procedural error, which substantially affected the outcome of the case.
3. To determine if new information is discovered which was not available at the time of the investigative process and could have affected the outcome of the case.

Process for the Appeal
A student (complaint or the accused) wishing to appeal should submit their written appeal stating the reasons for such a request to the Vice President for Student Affairs within 5 days of receipt of the original decision. Appeals are due by 4:30 p.m. on the fifth day following the original decision. If the accused submits an appeal, the complainant will be informed that an appeal has been submitted; if the complainant appeals, the accused will be informed that an appeal has been submitted.

The decision of the appeal by the Vice President for Student Affairs is final. The accused/ complainant is entitled to only one appeal.

If the Vice President for Student Affairs becomes so involved in the case such that he/she feels his/her impartiality may be compromised, he/she may defer appellate responsibilities for the case in question to the President of the College or his/her designee.

College Policy on Alcohol
The College seeks to encourage and sustain an academic environment that both respects individual freedom and promotes the health, safety, and welfare of all members of its community. The College has established the policies governing the possession, sale, and consumption of alcoholic beverages on its campus, and which conform to the laws of the Commonwealth of Pennsylvania. The College sponsors programs that promote awareness of the physical, psychological, social, and behavioral effects of alcohol consumption. The College also assists its members in finding alternatives to the use of alcoholic beverages for promoting social interaction and stress reduction, and it provides some services and resources for community members who are experiencing alcohol-related difficulties. Lebanon Valley College’s alcohol policy and programs are intended to encourage its members to make responsible decisions about the use of alcoholic beverages, and to promote safe, legal, and healthy patterns of social interaction. The consumption of alcohol has potential for abuse, and the College community will not tolerate inappropriate use of alcoholic beverages, regardless of the age of the student.

Students and organizations violating the following guidelines are subject to disciplinary action by the College. Students and student organizations violating public law are not shielded from legal authorities, even when College disciplinary action is taken with regard to College policy.

Alcohol Policy Guidelines

1. No person under the age of 21 is permitted to possess or consume alcohol on property owned or controlled by Lebanon Valley College.
2. Students under 21 years of age may not be present where alcohol is being served or consumed except when the consumption occurs in their residence hall room/ living space and is by their roommate(s) who is 21 years of age or older.
3. Students under 21 years of age may not possess alcohol containers, whether empty or full as decorative items or for any other reason in their residence hall room/living area. 
4. Students 21 years of age or older may possess alcohol for their personal use in their own residence hall room/living space. The maximum quantity allowed is not more than 2 six-packs of 12 oz beer, or one six-pack of wine coolers, or one liter of wine, or one liter of distilled alcohol per 21 years of age or older student. Any amount of alcohol beyond the above stated quantity will be considered an Excessive Amount of Alcohol. 
5. Resident students who are 21 years of age or older may not consume alcohol in the presence of anyone under 21 years of age other than their roommate(s).
6. Students 21 years of age or older are not permitted to furnish alcohol to minors.
7. Alcoholic beverage containers must be sealed and concealed from view when transported on campus to a student’s living space.
8. Alcohol may not be possessed or consumed in any common area. Common areas are defined as indoor or outdoor spaces used by the residential community. These include but are not limited to lounges, hallways, stairwells, porches, academic buildings, Mund College Center, Student Center, parking lots, and athletic facilities
9. Excessive amounts of alcohol are prohibited as are activities or drinking games which encourage rapid consumption of alcohol. 
10. Four Loko, Grain alcohol, kegs of any size, beer balls, or other containers of large quantity, whether empty, partially or completely filled, are strictly prohibited on property owned or controlled by Lebanon Valley College.
11. Alcohol paraphernalia will be confiscated. Paraphernalia includes but is not limited to partially filled or empty containers, funnels, keg taps, and pong tables.
12. Intoxication, regardless of age in which a student is disruptive or whose behavior requires an intervention will not be tolerated.
13. Furnishing of alcohol to a visibly intoxicated person is prohibited. Provision must be made for the safety of such individuals by calling residential life or public safety staffs or an ambulance.
14. The host(s) of any gathering in which alcohol is present will be responsible for what occurs in their residence hall room/ living area or gathering.
15. All non-student guests are subject to College Policy. Student host will be held responsible for the behavior of their guest.
16. Students who violate the law off campus may also receive a College sanction.

Our main obligation is to preserve an atmosphere conducive to study and personal growth. Each student has the right to quiet conditions in a residential living area, weekends included. Students are to behave in a manner which does not disrupt the residence hall or infringe upon the rights of another student to study or sleep, bring discredit upon themselves or the College, or interfere with the rights, freedoms, and safety of others.

Quiet must prevail after 10 p.m. Sunday through Thursday and after midnight on weekends. In order to protect the rights of other residents, noise should not disturb others at any time.

Engaging in acts of public drunkenness, vandalism, disorderly conduct, harassment, or infringement of the rights or privacy of others is in violation of the values respected by the Lebanon Valley College community and will not be tolerated. Each individual maintains the responsibility for his or her own decisions and actions regarding the use of alcoholic beverages and should be prepared to accept the consequences associated with any violation of College policy and federal, state, and local laws and ordinances.

Students of any age who do not conform to the expectations of the College’s alcohol policy guidelines will be subject to disciplinary action and confiscation of alcoholic beverages and alcoholic beverage containers (if applicable) by the residential life staff and Public Safety personnel and referral to the Dean of Students and/or cited by law enforcement officers. Activities which take place within a student’s room, suite, or apartment which cause or lead to disturbances or damage will not be tolerated, and disruptive students will be referred to the Dean of Students. Moreover, students who are drunk and/or disorderly, whether in possession of alcohol or not, will also be referred to the Dean of Students. Intoxication will not be an excuse for misbehavior; indeed, misbehavior while intoxicated may be dealt with more strongly than simple misbehavior. Depending on the nature and severity of the offense, the Dean of Students will impose sanctions consistent with College policy. Sanctions are included in the Student Handbook. 

The College expects each student to obey federal, state, and local laws concerning alcoholic beverages, and further stresses that any student who illegally uses alcoholic beverages is subject to the jurisdiction of the civil authorities. The College defines its relationship with students in this area as non-custodial and stresses that there is no “special relationship” created by their status as students as it pertains to the law. The College will take no responsibility for any actions taken by students who have been drinking, on or off campus.

A student whose level of intoxication is such that it is potentially life threatening, requires medical attention, involves injury, or results in property damage may be required to have counseling services and/or an alcohol assessment and be required to follow the recommendations of the assessment.

Students who violate AOD laws off campus may also face College judicial sanctions. More specifically, if a student is arrested for DUI, controlled substance, marijuana and/or paraphernalia, and/or violence related to AOD issues, College charges will be filed. In case of open containers and underage possession, the College reserves the right to bring charges; however, repeated offenses of this nature will result in College charges.

Guidelines for Enforcement
The Student Affairs staff and the Office of Public Safety personnel have responsibilities for enforcing the College’s rules and regulations concerning the possession and consumption of alcoholic beverages on campus. These rules and regulations have been developed to comply with the laws of the Commonwealth of Pennsylvania and to maintain a standard of conduct consistent with the mission of Lebanon Valley College.

The primary means of enforcing the College’s alcohol policy will be the Lebanon Valley College Judicial System, which provides for either administrative action or action by a Judicial Body when students or student groups and organizations are charged with violating College policy. However, if the Public Safety officer considers the incident to be particularly serious, the officer may invoke criminal procedures in addition to action through the Student Conduct Code. The following principles shall apply in enforcing the College’s alcohol policy:

Any student, whether of legal age or not, who commits a criminal act against a person or property while intoxicated on College property faces the possibility of criminal action in addition to on-campus disciplinary action.

The use of legal substances for unintended purposes (intoxication) may subject the user, regardless or age, to judicial action if behaviors impact the individual or campus community.

Information on Pennsylvania Crimes Code
All persons, while in the Commonwealth of Pennsylvania, are subject to the Pennsylvania Liquor Code and the Pennsylvania Crimes Code. The College expects students to know and comply with these laws and provisions and will not condone violation of them nor impede legitimate efforts of the state or township to enforce them.

1. The minimum age in Pennsylvania for the purchase, consumption, possession, or transportation of alcoholic beverages is 21 years.
2. It is illegal to furnish or serve alcoholic beverages to any person under the age of 21.
3. Pennsylvania law provides that any person less than 21 years of age who attempts to purchase, purchases, possesses, consumes, or transports any alcoholic beverages within Pennsylvania is subject to a fine of not less than $300 and will lose his/her driver’s license for a minimum of 90 days. In addition, any person 21 years of age or older who gives any alcoholic beverages to any person under 21 years of age commits a misdemeanor of the third degree. Such persons are subject to a fine of not less than $1,000 for the first violation, and a fine of $2,500 for each subsequent violation, and may also face imprisonment.
4. Local law prohibits carrying or consuming of alcoholic beverages in open containers out-of-doors on public property, regardless of a person’s age.
5. It is illegal to use false identification or to misrepresent one’s age for the purpose of obtaining or consuming alcoholic beverages.
6. No group which is not licensed by the Liquor Control Board may sell alcoholic beverages.
7. Driving under the influence of alcohol (blood alcohol level of 0.08 percent or greater) is illegal.

All students should be aware of the following sections of the 1986 revision of the Pennsylvania Crimes Code, Title 18 Act 31: Liquor Law Violations and Penalties.

Section 6307 Misrepresentation of Age: A person being under the age of 21, knowingly and falsely represents himself to be 21 years of age or older... for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages... FIRST OFFENSE: Summary violation, not more than $300 fine and suspension of driver’s license for 90 days. SUBSEQUENT OFFENSE(S): Misdemeanor III, $500 fine, suspension of license for one-two year(s). MANDATORY SENTENCING.

Section 6308 Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages: A person... less than 21 years of age, attempts to purchase, purchases, consumes, or possesses, or knowingly and intentionally transports any liquor... parents notified of arrest. FIRST OFFENSE: not more than $300 fine, suspension of license for 90 days. SUBSEQUENT OFFENSE(S): $500, suspension of license for one-two year(s).

Section 6310 Inducement of Minors to Buy Liquor: ... misdemeanor of the third degree if he hires or requests or induces any minor to purchase, or offer to purchase liquor... from a... licensed dealer for any purpose. PENALTY: as in section 6309 above. MANDATORY SENTENCING and a fine of not less than $300.

Section 6310.1 Selling or Furnishing to Minors: A person... intentionally and knowingly sells or... furnishes, or purchases with the intent to sell or furnish, any liquor... to a person... (under the age of 21). FIRST OFFENSE: Misdemeanor III, $1000 fine, one year imprisonment, or both. SUBSEQUENT: $2400-$5000 fine, one year imprisonment.

[“furnish” ~ to supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged.] 

College Policy on Drugs
Lebanon Valley College intends to provide and maintain a drug-free environment for all students and employees of the College. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on any Lebanon Valley College property. A controlled substance is a controlled substance in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. Section 812 and as further defined by regulation or amendment. Examples of controlled substances include, but are not limited to, opiates, such as heroin, morphine, and codeine; cocaine; cannabinoids, such as marijuana and hashish; amphetamines; barbiturates; valium or librium, phecyclidine (PCP), methaqualone (quaalude), and peyote (LSD); and substances not sold as prescription drugs or medicines but which are used for mind and/or behavior altering effect.

Possession and use of such drugs and materials which is in violation of Federal and/or state laws subjects students and employees to the claims of those law. The College fully supports the laws of the Commonwealth and acknowledges the rights of civil authorities in enforcing these laws.

Additionally, violations of this policy will render a student liable to on-campus disciplinary action in accord with the Student Conduct Code. Also, the possession of paraphernalia associated with the dispensing or use of alcohol or illegal drugs is a violation of the Student Conduct Code.

Due to the danger of such substances as synthetic marijuana or K2-type products, these substances are prohibited on property owned by Lebanon Valley College.

Health Risks
The policies regarding alcohol and drugs are couched largely in terms of their relationship to federal and state laws and to operational and disciplinary procedures at the College. The policies exist, however, not simply because there are laws governing their use or because the abuse of such substances is often related to behavioral problems which often violate the character of the community, but because the use and abuse of substance represents health risk about which any educational institution has responsibility to warn its students.

Substance abuse can affect the physiological processes of body organs and systems, and mental and emotional health. Health risks associated with substance abuse are: damage to the central nervous system causing impairment of brain functions and marked instability in mood; damage to the cardiovascular and digestive systems; and damage to the liver. Recent research indicates that substance abuse can affect the reproductive system causing increased risk of infertility and breast cancer in women, of sterility and impotence in men, and deformities in the fetus.

Perhaps the most harmful potential affect of alcohol abuse is chemical dependency, estimated to affect 10 percent of the population. The College encourages you to seek help if you suspect that drinking is harming you or a person close to you.

There are extensive risks to mental and physical health associated with the use or abuse of mind-altering drugs. Sedative drugs have a high overdose potential and are physically addictive. Stimulant drugs are psychologically addictive and frequently induce psychotic states in the abuser. Cocaine is perhaps the most psychologically addictive drug known. Hallucinogens distort reality and can affect memory. Opiates are very physically addictive and have a high overdose potential. The abuse of virtually any drug interferes with memory and learning. Dependency is possible with almost any drug and causes complete disruption of the person’s life.

Treatment
Referrals for counseling and treatment of drug and alcohol problems are made to the College’s counseling psychologist; Lebanon County Drug and Alcohol Center; the Richard J. Caron Foundation, Harrisburg and Wernersville; and Alcoholics Anonymous, Lebanon.

Education
Through special programs and events the College attempts to educate its students and employees on the legal, social, and medical effects related to substance use and abuse. The annual Alcohol Awareness Week is a substantial campus-wide effort to publicize and dramatize the effects of substance abuse. Additionally we make available to all students and employees copies of the Education Department booklet, Schools without Drugs, which provides information on a variety of health risks associated with drugs and alcohol, as well as other educational materials.

Anti-Hazing Policy
In accordance with the 1987 Commonwealth of Pennsylvania House Bill #749, the College is unequivocally opposed to any activity which does not contribute to the positive development and welfare of its students. Activities detrimental to the physical, emotional, educational, or moral welfare of students cannot be tolerated. Therefore, hazing is strictly prohibited.

Hazing is defined as any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by an institution of higher education.

Hazing includes, but is not 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 and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, exclusion from social contact, conduct which could result in embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual, or any willful destruction or removal of public or private property. For purposes of this definition, any activity as described above which may be required for affiliation with or continued membership in an organization is presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding. Prohibited activities and behaviors are also identified in Lebanon Valley College Pledging Practices and Guidelines. 

In Pennsylvania, any person who causes or participates in hazing commits a misdemeanor of the third degree.

Title IX
Title IX of the Educational Amendment Act of 1972 states, “No person in the United States shall, on the basis of sex, race, color, creed, age, and religious belief, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal assistance.”

Family Educational Rights and Privacy Act of 1974
The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, helps protect the privacy of student records. The Act provides for the right to inspect and review educational records, to seek to amend those records, and to limit disclosure of information within the records. The act applies to all institutions that are the recipients of federal funding. 

Annually, Lebanon Valley College informs students of the Family Educational Rights and Privacy Act of 1974, as amended. This Act, with which the institution intends to comply fully, was designated to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students also have the right to file complaints with the Family Educational Rights and Privacy Act Office (FERPA) concerning alleged failures by the institution to comply with the act.

Local policy explains in detail the procedures to be used by the institution for compliance with the provisions of the Act. Copies of the policy can be found in the following offices: Registrar, Student Affairs, and Dean of the Faculty. The policy is also printed in the Faculty Advising Handbook. The offices mentioned also maintain a Directory of Records which lists all education records maintained on students by this institution. Students should know that school officials within the institution may obtain information from educational records without obtaining written consent. Questions concerning the Family Educational Rights and Privacy Act may be referred to the Registrar’s Office.

Student Right-to-Know
Lebanon Valley College participates in student financial assistance programs under Title IV of the Higher Education Act of 1965. According to the requirements of the Student Right-to-Know legislation, the College is required to report annually the graduation rates within 150 percent of the normal time to complete a degree to students and prospective students. 

The cohort of 416 full-time, first-time degree-seeking students who entered Lebanon Valley College in the fall of 2004 consisted of 195 men and 221 women. At the end of four years, 287 had completed a bachelor’s degree. At the end of the fifth year another 17 had completed a bachelor’s degree. By 2010, at the end of the sixth year, 2 additional student had completed a bachelor’s degree. The Student Right-to-Know Completion or Graduation Rate Calculation for the 2004 cohort is 74 percent. This information has been submitted to the U.S. Department of Education.

Acceptable Use Policy for College Computing and Communications
In general, the College’s computing facilities and services are meant for College-related, non-commercial use. These facilities and services include: the central systems and network used for academic and administrative computing, along with their associated software and files; communications facilities such as dial-up and network access; other College-owned computers including those in departments and labs; and College-provided supplies and other materials.

The use of the College’s computing facilities and services is a privilege, not a right, granted by the College to its users. By using the facilities to store information, the user acknowledges the College’s right to access any file (including electronic mail files) on its systems as a part of responsible system management. The College, in turn, acknowledges that users are entitled to privacy. Therefore, when a computer system records that a file or directory is “owned” by a particular user, that file or directory, under normal circumstances, is treated as if it were the personal, private property of that user. However, the data stored on a College-owned computer system (although not necessarily the ideas contained therein) are ultimately the property of the College.

Most of the software provided by the College for use in its facilities and on its computer systems is governed by licensing agreements. By using such software, the user agrees to abide by the terms of those agreements as well as applicable local, state, and federal laws. Unauthorized copying or removal of such College-supplied software is specifically prohibited.

Furthermore, users may not use or attempt to use the College’s computing facilities and services in any way that deliberately interferes with the reasonable and private use of these facilities and services by others. The College reserves the right to revoke a user’s privilege to use any or all of the College’s computing facilities and services. Further action may be taken by the College should the user violate any of these policies. Such violations may also result in legal action should they involve such things as copyright laws and licensing agreements.

Judicial System

Jurisdiction
In addition to providing a sound educational environment for intellectual pursuits, the College is concerned with developing socially responsible citizens. The educational and community living goals at the College require a concern for the quality of student conduct. Membership in the College community is a privilege, which may be rescinded with cause. Students have a responsibility to respect the rights of the individual and the collective rights of others. In order to guarantee the welfare and freedom of members of the community, the College has adopted rules and behavioral standards, which it considers necessary for the protection of individual rights and the preservation of the academic community. The Student Conduct Code reflects the College’s concern that high standards be maintained by students and student organizations. The judicial system exists to protect the rights of all of the members of the Lebanon Valley College community. It seeks to develop a sense of responsibility in students, and to teach students about desired behavior.

Lebanon Valley College expects its students to conduct themselves in all places and times in such a manner as to bring credit to themselves and to the College. College rules apply on all College premises and at all College activities, whether on or off campus. More broadly, the College specifically reserves the right to apply their rules to any student behavior even when off campus and unconnected to a school activity if the alleged conduct adversely impacts the College community or its objectives. The College reserves the right to review the conduct, including off-campus behaviors, of all student(s) from the date of enrollment to the date of graduation. The College also reserves the right to dismiss any student(s) whose conduct is detrimental to its welfare or whose attitude is antagonistic to its mission. Inappropriate student conduct on or off campus may result in College disciplinary action.

The Student Conduct Code identifies specific student behavior that is subject to disciplinary action. The Student Conduct Code addresses student behavior that violates the rights, privileges, or safety of person or property and the College’s pursuit of its educational goals. The Code is not a criminal code, therefore the general rules of criminal law and criminal procedures do not apply. Students are considered adults who are expected to assume personal responsibility for their actions and are responsible for observing the regulations of the larger community. Violation of civil or criminal law either on or off campus may result in the College’s review of a student’s conduct. Generally, an individual’s actions off campus are subject to the actions of civil authorities. (The College reserves the right, however, to take action for such off-campus behavior independently of civil authority when the interests of the College are involved. An action involving a student in a legal proceeding in a civil or criminal court does not free a student of responsibility for his or her conduct in a College hearing. If a student is charged in both jurisdictions, the College will proceed with its internal review according to its own schedule.)

All LVC students are required to report arrests/convictions that occur off campus. This includes, but is not limited to, situations that occur over breaks and summer months. Reports should be made to the Vice President of Student Affairs.

Groups or organizations formally approved by the College are subject to the same regulations as individual students. Any group or organization may be held accountable for the actions of any of its members if the misconduct is in anyway related to the living group or organization. Group misconduct may not officially be sanctioned by the entire membership in order to be considered grounds for disciplinary action against the group. There is no minimum number of group members who must be involved in an incident before disciplinary action may be taken against the entire group. A group may be held accountable if it is likely that the individual(s) would not have been involved in the incident if they were not member(s) of the group, or if, by group action, the incident might have been prevented. Individuals may also be held accountable for their actions when the group faces charges for a violation.

All students are responsible for being knowledgeable about living within College policy and the Student Conduct Code. Students involved in disciplinary difficulty are counseled on an individual basis, and, when necessary, administrative or official disciplinary action is taken.

Any member of the College community (student, staff, faculty) may bring a charge under this code against a student or student group.

Judicial Authority
The Dean of Students shall determine the composition of judicial and Appeals bodies, and determine which judicial body, judicial officer, and Appeals Body shall be authorized to hear each case. The Dean of Students may also serve as a judicial body, judicial officer, and appellate person.

Decisions made by a judicial body and/or judicial officer shall be final, pending the normal appeal process.

A judicial body may be designated as arbiter of disputes within the student community in cases which do not involve a violation of the Student Conduct Code. All parties must agree to arbitration, and to be bound by the decision with no right of appeal.

Definitions

• The term “College” means Lebanon Valley College.
• The term “student” includes all persons taking courses at the College, both full time and part time. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered “students.”
• The term “College official” includes any person employed by the College performing assigned administrative or professional responsibilities.
• The term “member of the College community” includes any person who is a student, faculty member, College official, or any other person employed by the College.
• The term “faculty member” means any person hired by the College to conduct classroom activities.
• The term “College premises” includes all land, buildings, facilities, and other property in the possession of or owned, leased, used, or controlled by the College.
• The term “organization” means any number of persons who have compiled with the formal requirements for College recognition. College Organization is any fraternity, sorority, athletic team, or student organization.
• The term “judicial body” means any person or persons authorized by the Vice President of Student Affairs or designee to determine whether a student has violated the Student Conduct Code and to recommend imposition of sanctions that may be imposed when a rule violation has been committed.
• The term “judicial officer” means a College official authorized on a case-by-case basis by the Dean of Students to investigate complaints and to impose sanctions upon students found to have violated the Student Conduct Code. Judicial officers include, but are not limited to, Vice President of Student Affairs, Dean of Students, Director of Residential Life, and members of the Residential Life staff. Judicial officers will follow campus judicial board procedures to the extent applicable. The Dean of Students may authorize a judicial officer to serve simultaneously as a judicial officer and the sole member or one of the members of a judicial body. The Dean of students may authorize the same judicial officer to impose sanctions in all cases.
• The term “Campus Judicial Board” is a judicial body composed of students, faculty, and administrators that hears violations of the Student Conduct code involving individual students and College Organization.
• The term “appellate person” means any person or persons authorized by the Vice President of Student Affairs or designee to consider an appeal from a judicial body’s determination that a student has violated the Student Conduct Code or from the sanctions imposed by the judicial body.
• The Vice President of Student Affairs is that person designated by the College to be responsible for the administration of the Student Conduct Code.
• The term “policy” is defined as the written regulations of the College as found in, but not limited to, the Housing Agreement, the Student Handbook, and the College Catalog.
• The term “accused” means the student or organization charged with a violation of the Student Conduct Code. The president and one other officer represent the accused in cases involving an organization.
• The term “complainant” means any person who submits a judicial complaint alleging that a student violated the Student Conduct Code.
• The term “advisor” means a member of the college community who serves as a support person for the accused or complaint before and during a hearing; may not speak during the hearing.
• The term “preponderance” of evidence is the amount of evidence needed at Lebanon Valley College to find the accused responsible; when the evidence persuades the hearing body that the alleged violation more likely took place than did not.
• The term “Student Conduct Code” is the set of standards, rules, and regulations that define community expectations and prohibited conduct for Lebanon Valley College students.
• The term “shall” is used in the imperative sense.
• The term “may” is used in the permissive sense.