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Student Handbook
Residence Life, Code of Conduct, Policies

As the largest co-curricular program at the University, the Residence Life Department provides the student with an educational experience outside the classroom through activities, educational and social programs, and leadership opportunities. Your residence hall room will be your “home away from home” for the next nine months of the year, and your fellow residents will become family and life-long friends. Residence Life is a fundamental part of the student’s university experience.

Residence Halls

Buena Vista University provides a wide variety of housing options for students to choose from during their college career.

Grand Hall: This co-ed residence hall is located north of Swope Hall and east of the suites, featuring two-person rooms, common baths, common recreational areas, study lounges, a kitchenette and a laundry room.

Liberty Hall: Liberty is a co-ed substance free hall. The building is set up similar to Grand Hall, with two person rooms, common baths, study and recreational lounges on each floor, a kitchenette and laundry facilities. This hall also has a faculty-in-residence living in the hall.

Swope Hall: For 2011-2012 academic year, Swope is a women's residence hall, located between Smith Hall and Dixon-Eilers. Swope Hall offers a main lounge (which also serves as the TV lounge), study lounges, two kitchenettes and laundry facilities.

Suites: Briscoe Honor Hall, Constitution Hall, and McCorkle Hall are co-ed residence halls located north of the university's large parking lot. Students are housed in "suites" made up of at least six students. Each suite offers a common living room, microwave and efficiency-sized refrigerator, and three bedrooms and bathrooms. The suites also have laundry facilities.

White Hall: White is a co-ed residence hall attached to Pierce Hall and located east of Lage Communication Center and adjacent to both the Siebens Fieldhouse and Lamberti Recreation Center. White has a main lounge, laundry facilities, a kitchenette and study lounges.

Residence Life Staff

Director of Residence Life & Housing: The Director is the head of the Residence Life Department and is responsible for the supervision and administration of the residence life program and all functions associated with campus housing.

Residence Hall Director: Each "RHD" is a full time staff member responsible for the efficient and effective operation of his/her residence hall(s). He/she develops an atmosphere within the residence hall, which is conducive to academic endeavors, social development, personal growth and community living.

Assistant Residence Director: The "ARD" is in a position that reports directly to the Director of Residence Life and Housing, and assists with the residence hall area to which they are assigned.

Resident Advisors: These students serve the campus as resource personnel, and para-professional advisors. As student leaders, they provide a valuable service to the student and university community throughout the academic year.

Hall Council: The main governmental body of the residence hall is the hall council, which is composed of an executive board and house/floor representatives. The hall council is the main body monitoring the quality of life in the residence hall and communicating any concerns to their advisor. Additionally, the hall council is responsible for planning and executing a variety of programs.

RESIDENCE HALL LIVE-IN REQUIREMENT: All students are required to reside in university housing and participate in a BVU Meal Plan, except for those who are legally married, have full custody of children, living with parents or legal guardians, enrolled for fewer than twelve semester credit hours, completed eight previous semesters at BVU, are 23 years of age at the time of fall registration, or have served in military service and are receiving GI benefits. Special permission can be granted by the vice president for student affairs/dean of students or his/her designee for other circumstances. Failure to comply with this ruling will result in the appropriate billing for room and board by the Business Office. Furthermore, students must be enrolled in at least 12 hours as a student and attending classes in order to reside in the residence halls. All residential students are required to have a meal plan.

Residence Hall Procedures

Cable Television Services: Buena Vista University offers campus cable services to each residence hall room. Subscriptions are activated in the name of the individual paying for the service. If you are having technical difficulties with your service, please contact 2FIX. Service to each residence hall room is also available from the local cable provider. Please note that there are no refunds issued once the cable is purchased, however, it may be transferred to another room. Please contact the Business Office to transfer your subscription. If your cable cord is not returned at the end of the year, you will be assessed a $10 charge.

Check-In and Check-Out Procedures: To check in, a student must make sure their residence hall contract is signed, they fill out and sign a room condition contract with a resident advisor or residence director, and they receive their key(s). To check out, a student must clean their room completely, fill out the check-out portion of the room condition contract with their resident advisor or residence director, and turn in key(s). Failure to check out will result in a $50 charge.

Damage Deposit: First-time resident students pay a $100 damage deposit (as part of the initial $150 university deposit). This money is refundable after graduation or termination of residence, after any individual or group damage charges and/or other obligations to the University are deducted.

Entrance of Student Rooms: Authorized agents and personnel of Buena Vista University reserve the right to enter student rooms at any time for the purposes of maintenance, repair, inspection for health or safety, violations of university regulations and emergency situations. The University also reserves the right to make periodic room inspections to ensure maintenance of acceptable standards. Students may not enter the rooms of other residents without their permission.

Laundry Facilities: Coin-operated washers and dryers are available in each residence hall. If individuals lose money in the laundry machines, they should contact their Resident Advisor. Any other problems or malfunctoins should be reported to the Residence Hall Director for the hall so that appropriate maintenance can be performed.

Personal Property Insurance: University insurance does not cover loss, theft, or damage of personal property owned by students. It is suggested that students determine if their parents' homeowner's insurance covers their property while at school, and if not, purchase a rental insurance plan.

Residence Hall Contract: This contract must be signed prior to a student's arrival on campus. It is assumed that each student fully understands the terms of the agreement. Residence Halls open at noon on the day prior to the start of semester classes and close at 5 p.m. on the last day of the semester. Halls are closed to students during vacation periods for Thanksgiving, end of semester/Christmas, Interim break, spring break, and Easter weekend. If a student needs to stay past the closing time, a request must be submitted to the Director of Residence Life and Housing no later than 48 hours prior to the break/closing, outlining the need for the request. The Director of Residence Life and Housing reserves the right to deny requests/exceptions.

Room Condition Contract: The Room Condition Contract is a checklist of university owned room furnishings as well as the condition of the space (walls, floors, doors, etc.). This contract is signed by each resident and a residence life staff member during check-in and check-out. A final check is made by the Residence Hall Director at the end of the school year and damage charges will be filed accordingly.

Room Draw: Returning students participate in room draw in the spring semester to reserve their room for the next academic year. Students must pay a $25 non-refundable deposit to secure a space. Students interested in living in Briscoe Honor Hall, Constitution Hall, or McCorkle Hall need to complete an application. Information about the room draw process will be distributed to all students prior to start of the process. Students should review this information and follow the guidelines. Deadlines are strictly adhered to in this process. Any student with questions should contact the Director of Residence Life and Housing.

Room Keys: Room keys are issued to each resident at the time of room occupancy. They are not to be duplicated or loaned out to anyone other than the residents of the assigned room. Keys are to be returned as part of the check-out procedure. Key and lock replacement can be arranged by contacting the Residence Hall Director. A $25 replacement fee is charged for most room keys that are not returned. A $45 charge is assessed for suite keys that are not returned.

Room or Roommate Changes: Room changes must be arranged with the Residence Hall Director and the Director of Residence Life & Housing. No changes will be considered during the first two weeks of the fall semester or during the last three weeks of the spring semester.

Single Occupancy: If a resident occupies a double occupancy room as a single, that individual is given two weeks following official notice from the Director of Residence Life and Housing to self-select a roommate. During this time, a new roommate will not be assigned. After the initial two-week period, the Director of Residence Life and Housing may assign a roommate if the space still exists. The University reserves the right to bill at a higher, single-occupancy rate. Students in search of a roommate should contact the Director of Residence Life and Housing for assistance.

Telephone Services: Local phone service and voice mail are provided at no additional cost. Students are expected to bring their own touch tone phone to campus. Cordless 2.4 GHz and 5.0 GHz telephones can cause interruptions in the wireless computer network and are therefore not permitted on campus.

Residence Hall Policies

Appliances: Refrigerators should not exceed 4.6 cubic feet; full-size refrigerators are prohibited in all residence hall and suite rooms. Deep freezers of any size are prohibited. Cooking utensils with open flames, exposed heating coils or those that use cooking greases are not allowed: this includes but is not limited to grills used indoors, deep fryers, single burners, etc. Toasters, toaster-ovens, small microwaves, George Foreman grills, hotpots and hot air popcorn poppers are allowed if in good working condition. Cooking devices are to be unplugged when not in use. Outdoor grills are located to the North of the Suites and South of White; no other grills are permitted on campus.

Cable, Antennas, Aerials: Cables, antennas and aerials may not be erected or affixed to the outside of a room or building. University wires are not to be tampered with. Unauthorized wires are not to be affixed to existing antenna wires, cable, or residence hall lounge televisions. Use of a cable subscription without proper authorization or in a manner in which it was not intended (including sharing subscriptions between rooms) will require full financial restitution and may result in disciplinary sanctions. Sharing subscriptions between rooms in a suite is not permitted. If all three bedrooms in a suite are paying for a subscription, the living room will be activated free of charge.

Carpeting: Residence hall residents may tape carpet down using double sided tape. Residents must remove carpet and clean tape marks from floor or be billed for cleaning at check out.

Christmas Trees and Holiday Decorations: Live cut Christmas trees are NOT allowed. Artificial trees under 5 feet tall are permitted, but they must be kept in a residence hall room or a lounge; no trees are allowed in hallways. Holiday decorations (specifically electrical decorations and decorative paper) are allowed outside a student room as long as they are attached to a room door, are not excessive and are in good working condition.

Cooking: Since all resident students must be on a meal plan, the residence hall rooms are not designed for cooking; ovens and refrigerators are available in the residence hall kitchenettes. If individuals are cooking, they should closely monitor their cooking process and clean up any messes that result from their use of the space. The refrigerators located in the kitchenettes are common-space refrigerators and should be used with caution.

Electrical Outlets: Electrical outlets must not be overtaxed. All extension cords should be in good condition and placed so that the wire will not be damaged.

Electrical/Telephone Wiring: In order to ensure proper safety, students are not permitted to splice into any electrical, Ethernet (computer) or telephone wiring.

Furniture: Lounge furniture is not to be removed from its designated lounge. All University furniture must be kept in the residence hall or suite room that it is assigned to. If furniture is damaged or missing at any time, the residents of the room or suite will be held financially accountable and may face judicial action. Any additional furniture brought into the room or suite must be removed at the time of check-out; failure to remove the additional items will result in improper check-out fees. Residence Life Staff reserves the right to limit the amount of furniture added to a residence hall room or suite.

Lofts: Homemade lofts and decks are not allowed in residence halls or suites.

Party Registration: If you plan to have a gathering of more than 10 people in your residence hall room or suite, you need to complete a party registration form no later than 48 hours in advance. Forms are available from Residence Life staff. Professional staff must approve all party registrations and have the right to refuse party registrations. The maximum number of people permitted should not exceed 10 people per residence hall room or 20 people per suite.

Pets: For health and sanitation reasons, no pets (except fish in a 20-gallon tank limit) are permitted. Additionally, visiting pets are not permitted on the BVU campus or in the residence halls/suites.

Roofs: Unauthorized entry onto any university building roof is prohibited and judicial action may be taken.

Room Care: Each resident is responsible for the care and good order of his/her room and residence hall facilities. Residents may not make permanent alterations in rooms (including painting and/or writing on the walls and ceiling) or halls without permission of the Director of Residence Life and Housing. No furniture can be removed from the room. Storm windows and window screens must be left in place. Waterbeds are not permitted. Any damage to walls from hanging personal effects with Command strips, adhesives, or duct tape may result in fines at check-out. Individuals living in the suites are responsible for the cleanliness of their individual bathrooms. Any damage or excessive cleaning as a result of neglect to the facilities will incur a charge at check-out. Additionally, during closings Residence Life Staff will be checking bathrooms and may require that additional attention be made to its cleanliness.

Screens: Residents are responsible for keeping window screens down and in an installed position on the window(s) of their residence hall room/suite. If a screen is not in its proper place, a student may be charged for screen replacement without notice.

Sports: For the safety of everyone living in the residence halls and suites, as well as for the structural integrity of facilities, hall way sports are not permitted. Damage resulting from hallway sports will be charged to the responsible party, if known, or the entire floor.

Statement of Purpose

The Buena Vista University community subscribes to and strongly supports the rights of each student to study and interact in a quiet, respectful and nonviolent atmosphere that supports the pursuit and acquisition of knowledge. Each member of the University community is expected to assume responsibility for creating an environment conducive to fulfilling such a goal.

Therefore, the vice president for student affairs/dean of students and her/his designees, reserve the right to initiate and enforce regulations that enhance this philosophy and which they judge necessary to preserve the educational and spiritual mission of Buena Vista University. Members of, and visitors to, the University community are required to abide by all university regulations, as well as local, state and federal laws. By attending Buena Vista University, students voluntarily indicate their decision to behave within the norms set forth by the university. Any person not willing to live within these norms should expect disciplinary action by the university and/or criminal prosecution.

Philosophy

Buena Vista University is an independent institution of higher education affiliated with the Presbyterian Church (USA). The University Student Code of Conduct policy is based on academic and social rights and responsibilities. One of the objectives of higher education is to help students achieve self-reliance and desirable and acceptable habits of conduct.

As residents of Storm Lake, the State of Iowa and the nation, students are subject to the same local, state and federal laws as are other citizens. The University is not a sanctuary from these laws, and the authority of the university may be asserted when a student violating laws or ordinances threatens the university's interest as an academic institution.

Buena Vista University students are encouraged to speak freely, to assemble peacefully and to petition. They may expect freedom from personal force and violence, threats of violence and personal abuse. As members of an academic community, students should conduct themselves within limits established by Buena Vista University for maintaining a learning environment.

At BVU, the student's academic and social freedoms are largely unrestricted - until the choices made begin to interfere with the freedom and rights of other members of the campus community. However, responsibility does not simply end where the regulations begin. It is also the student's responsibility, as a member of the University community, to work to improve the conditions for learning and living on the campus.

A function of Buena Vista University is to facilitate the learning and development of persons within the university community. This purpose carries with it the responsibility to regulate conduct and behavior so that the achievement of educational and other goals is not impeded, obstructed or threatened. Ultimately, university authority in matters of student conduct resides with the president of the University and the person(s) to whom immediate authority and responsibility has been delegated, namely, the vice president for student affairs/dean of students and his staff. Student conduct, which evidences good intentions, mature considerations for reasonable and foreseeable consequences, and respect for others will support the standards of the University community.

If a student is involved in misconduct, the University may impose sanctions. In general, the university is concerned with violations of campus rules and policies. However, civil or criminal infractions may be of such a nature or severity that there is a legitimate reason for concern for the safety, property,well-being and reputation of the University or the safety, property and well-being of members of the University community.

Student organizations and groups are expected to adhere to all applicable institutional regulations. Officers of organizations are responsible for assuring compliance and, if appropriate, for representation when disciplinary proceedings are initiated. Some examples of acts of misconduct that are unacceptable and therefore subject to disciplinary action include, but are not limited to, the following:

Academic Honesty

Buena Vista University believes that personal integrity and academic honesty are fundamental to scholarship. We strive to create an environment where the dignity of each person is recognized and an atmosphere of mutual trust exists between instructors and students. Accordingly, honesty in all academic matters is expected from all students. Actions contrary to academic integrity will not be tolerated. Any attempt to cheat, misrepresent someone else's work as one's own, receive credit for work one did not do, obtain an unfair advantage over other students, or aid another student to do the above will be considered a breach of academic integrity. The faculty have confidence in the integrity of students and encourage students to exercise good judgment in fulfilling this responsibility.

Activities that have the effect or intention of interfering with learning or fair evaluation of a student's work or performance are considered a breach of academic integrity. Examples of such activities include, but are not limited to:

Cheating (intentionally using or attempting to use unauthorized material, assistance, or study aids in any academic work). For example, using a cheat sheet for a test, looking at another student's paper during an exam, stealing or buying all or parts of an exam or paper, altering and resubmitting work for a better grade without prior approval to do so, etc.
Plagiarism (representing another's ideas, words, expressions, or data in writing or presentation without properly acknowledging the source). For example, misrepresenting another's work as one's original work, using someone else's idea without giving proper credit, failing to cite a reference or failing to use proper documentation, using works of another gained over the Internet and submitted as one's own work, etc.
Falsification and/or misrepresentation of data (submitting contrived or made up information in any academic exercise). For example, making up data, citing non-existent sources, etc.
Facilitating academic dishonesty (knowingly helping or attempting to help another violate any provision of the academic honesty policy). For example, working together on a take home exam or other assignment when the option has not been made available, giving your paper/assignment to another student for his/her use, etc.
Computer crimes (damaging or modifying computer programs without permission). For example, software piracy, hacking, constructing viruses, knowingly introducing viruses into the system, copying programs and/or data belonging to others, etc.
Multiple submission (submitting, without prior approval from the instructors involved, any work submitted to fulfill academic requirements in another class). For example, submitting the same paper for two different classes, etc.
Misrepresentation of academic records (knowingly misrepresenting or tampering with any portion of official records of the University or transcripts). For example, forging a change of grade slip or registration form, tampering with computer records, etc.
Unfair advantage (trying to gain unauthorized advantage over fellow students). For example, gaining or facilitating unauthorized access to exam materials (past or present); interfering with another student's efforts in an academic exercise; lying about the need for an extension on a paper or assignment; destroying, hiding, removing or keeping, library materials, etc.

Any violation of this policy will be treated as a serious matter. The instructor has primary responsibility over classroom behavior and maintaining academic integrity. Instructors are encouraged to specify clearly at the beginning of each course what constitutes violations of academic honesty and the consequences for academic dishonesty. In cases of repeated or flagrant violations, a student may be dismissed from the University. Depending on nature and severity of the offense, the university reserves the right to exact maximum penalty, even in the case of a first offense. See the university catalog for the complete policy of Academic Honesty.

Respect for Persons

Students who act with serious disregard for the physical and emotional well-being of others will be in violation of the Code of Conduct. These include, but are not limited to:

Accessory: Aiding, abetting, inciting or cooperating with another person in the commission of a violation of university regulations.
Courtesy Hours: Students are expected to respect the rights of other students to be able to sleep and study in their residence hall room. Excessive noise or rude or disorderly conduct is unacceptable at any time. If a student is reasonably requested to be quiet by a student or a staff member even if it is not quiet hours, he/she is expected to cooperate and comply with the request.
Criminal Conduct: Students shall not violate city, state or federal laws. This includes but is not limited to theft and illegal gambling.
Deception, Fraud and Misuse of Documents: Furnishing false information to the University, including, but not limited to, representing oneself as another in person or in writing, knowingly supplying false or misleading information to university officials or falsifying, tampering with, altering, forging or misusing any university record or official document is prohibited.
Failure to Comply with Judicial or Administrative Sanctions: Failure to complete community service requirements, violation of probation or warning, etc, or failure to meet financial obligations to the University is prohibited.
Failure to Comply with Requests: Failure to follow the oral or written instructions regarding university policies or state law which is given by any properly identified university official whom the Board of Trustees or the president has vested with the authority to give such instruction, or knowingly interfering with students, faculty or staff acting in the performance of their assigned duties is prohibited.
Fire Safety: Fire safety is of utmost importance in the residence halls and on campus. The following acts are prohibited: recklessly, negligently or knowingly setting any material on fire; burning candles, incense or any open flame in the residence halls; causing a false fire alarm; creating a fire hazard or endangering the safety of persons or property by improper use or possession of hazardous/flammable substances; misuse of or tampering with fire prevention, control or detection equipment, and refusing to promptly comply with fire alarm or fire drill procedures. Due to the high probability of fire, halogen lamps are not allowed in any living area. When a false alarm is caused by an individual and the guilty party can not be found, the residents of the living area will each share the cost of charges imposed by the Storm Lake Fire Department (currently $165) and any other university costs related to clean-up. Students with information or knowledge of students responsible for causing a false fire alarm are expected to report that information to a university official immediately.
Harassment Policy: Please see policy in this handbook.
Inappropriate Behavior: Members of Buena Vista University are expected to behave in a mature, responsible manner, respecting the rights and privileges of all other members of the University community. An act which is morally shameful, jeopardizes the integrity of the University, or is detrimental to the University or to any member of the University community is prohibited.
Initiation and Hazing: The University does not allow hazing or house initiations.
Misuse of Property and Vandalism: University and vendor property is to be respected and used in a responsible manner. The following behaviors are inappropriate on campus: unauthorized removal, alteration, possession or use of property belonging to a designated area; unauthorized entry into or onto any property; damage, destruction or defacement of property, including throwing items out of residence hall windows; unauthorized painting or staining; and unauthorized use, possession or duplication of keys.
Overnight Guests: Overnight guests must be registered with the residence hall staff, must have the roommates’ approval, and must carry registration documentation (guest pass) with them at all times. Overnight guests are defined as people staying past 2:00 a.m. and they are limited to a stay of three consecutive nights. The frequency of overnight guests will be reviewed by the Residence Life staff. Guests and visitors must adhere to the same regulations as resident students. In addition, hosts of guests will be held responsible for the behavior of their guests and visitors within the context of the Buena Vista University judicial system. Guests must be respectful of the residents of the hall. After regularly established quiet hours members of the opposite gender must be escorted by their host while in any public areas of single gender residence areas. The Office for Student Affairs may place further restrictions on rooms and/or individuals, if residents of the hall are being disturbed.
Quiet Hours: Residence Hall quiet hours are in effect Sunday-Thursday 11:00 p.m.-10:00 a.m.; and Friday and Saturday 12:00 a.m.-10:00 a.m. During quiet hours, noise should not extend past approximately two doors down from the resident’s room. Upon reasonable request of either a student or staff member, residents are expected to turn down the volume on televisions, stereos and radios, and to refrain from loud talking or other noise. Floors may vote to extend quiet hours. Each semester for final exams, 23-hour quiet hours begin the evening before the first test day and remain in effect for the duration of the semester until residence halls close for break. The hour from 9:00 p.m.-10:00 p.m. is designated as the daily “loud” hour during 23-hour quiet hours.
Residence Hall Policies: All persons residing in or visiting any Buena Vista University residence hall or cottage are expected to abide by the residence hall/cottage policies as stated in the residence life section of this handbook.
Sexual Misconduct Policies: Please see the policy in this handbook.
Skateboards, Rollerblades and Bicycles: These items are not to be ridden inside any campus building and should only be used in areas that do not pose the possibility of personal injury, ie, not on stairs or walls. Safety for pedestrians and others should be observed.
Smoking: All smoking is banned on university property. Please see the complete Smoking Policy in this handbook for specific details.
Solicitation: Solicitation, research, political or religious canvassing on campus must receive prior approval from the vice president for student affairs/dean of students or his/her designee.
Substance Abuse: Following is an abbreviated excerpt of the Buena Vista University Drug & Alcohol Policy as distributed to all students, faculty and staff at the beginning of each academic year. Please see the complete Buena Vista University Drug & Alcohol Policy in this handbook.

Students and employees of Buena Vista University who engage in the unlawful manufacture, possession, use, or distribution of illicit drugs, or drug-related paraphernalia, or who provide controlled substances to others, will be subject to disciplinary sanctions by the University, as well as to any criminal penalties that might be levied by the courts.

Students and employees of Buena Vista University who possess or consume alcohol while not of legal age, or who provide alcohol to minors in violation of national or Iowa, or other relevant, state law, or who are or appear to be under the influence of alcohol in any public area of the Storm Lake campus, or on property used by the University such as classrooms at BVU Graduate & Professional Studies locations, or as part of any university-sanctioned activities, will be subject to disciplinary sanctions by the University.
Visitation: Visitation in the residence halls for studying or other academic purposes is allowed at any time as long as it does not interfere with a roommate(s)’ right to sleep or study, or have privacy and normal use of the room. After defined quiet hours (see quiet hours above), members of the opposite gender must be escorted by their host while in any public areas of single gender residence areas. In situations where a student is having frequent visitors the Residence Life staff may restrict visitation to comply with the guest policy above. Residence Life may place restrictions on the use of the room by individuals who are not assigned to that room; co-habitation is prohibited.
Weapons and Explosives: Possession of any firearm and/or ammunition is prohibited on campus. Storing firearms in a vehicle on campus is also prohibited. A firearm is defined as a sporting shotgun, rifle, handgun or any other item shooting a projectile. In addition to firearms, any item defined as a dangerous weapon under the Code of Iowa is prohibited from the residence halls. These include but are not limited to daggers, stiletto, axe, switchblade knife, or knife exceeding five inches. Explosives including fireworks are also prohibited.

Bows/arrows are permitted on campus. Users are required to obtain permission from Campus Security located in the Office for Student Affairs. Students must register bows/arrows with Campus Security who will maintain them in a secure locker.

Buena Vista University Drug Policy

The University considers the use, possession, distribution, sale or manufacture of illicit drugs or drug-related paraphernalia as contrary to the welfare of the University community and strictly prohibits such activities.

Sanctions for violations of the Drug Policy:
1. Use or possession: A student or employee who uses or possesses illegal drugs or drug-related paraphernalia will be subject to disciplinary action up to and including immediate suspension, expulsion or discharge from Buena Vista University.

2. Manufacture, distribution and/or sale: A student or employee, who manufactures, distributes or sells illicit drugs or drug-related paraphernalia will be subject to immediate suspension, expulsion or discharge from Buena Vista University.

Buena Vista University Alcohol Policy

Preface: Buena Vista University complies with the laws of the State of Iowa and of all states in which it operates and the expressed intent of any policy pertaining to the use of alcohol at the BVU Storm Lake campus and BVU Graduate & Professional Studies locations is to be consistent with all relevant local, state and federal laws and regulations. Employees, students and visitors to Buena Vista University will be required to obey the laws and regulations of the University, understanding that these laws and regulations are made with respect for the common good. Any and all questions of definition and/or classification regarding adherence to the Drug and Alcohol Policies will be determined by the Office for Student Affairs.

1. This policy applies to the Buena Vista University Storm Lake campus, BVU Graduate & Professional Studies, and events and activities sponsored or sanctioned by Buena Vista University.

2. Measures or activities designed to circumvent the intent of this policy or the laws and regulations of the State of Iowa, or, for University-sanctioned activities outside of the State of Iowa, the relevant state or local laws and regulations, will not be tolerated.

3. Possession of alcoholic beverages or their containers, or the consumption of alcoholic beverages by anyone not of legal age is forbidden on the Buena Vista University Storm Lake campus. Misrepresentation of age or identity for the purpose of obtaining or consuming alcohol is forbidden on the Buena Vista University Storm Lake campus. This also applies to property used by BVU Graduate & Professional Studies, pursuant to relevant state and local laws.

4. On the Storm Lake campus, the consumption of alcoholic beverages or possession of any open containers of alcoholic beverages is restricted to the privacy of residence halls rooms and cottages of legal-age residents. Privacy is defined explicitly as behind closed doors. Any open containers of alcohol must be kept out of the residence hall hallways and all public areas on university property. Open containers of alcoholic beverages include, but not limited to, squeeze bottles and covered mugs. Any alcohol available in a can (i.e. beer) is not allowed on campus in its bottled form, unless served by the University food service vendor.

All student organized social events on the Storm Lake campus where alcoholic beverages will be distributed or consumed must be registered three days prior to the start of the event in accordance with guidelines maintained by the vice president for student affairs/dean of students. The hosts/organizers of such events are responsible for presenting a plan for monitoring compliance with and for taking reasonable steps to avoid violations of, Buena Vista University policies. Copies of these guidelines are available in the Office for Student Affairs. These guidelines will be reviewed every two years by the Student Affairs Committee of the Faculty Senate.

5. Alcohol punch parties, kegs and alcohol in containers larger than a gallon provided by anyone other than BVU’s Food Service provider are not permitted on the Storm Lake campus. A punch party is any activity that includes the possession, distribution or consumption of uncontrolled mixtures of alcoholic beverages.

6. Any games, activities, or equipment that promotes the excessive use of alcohol including, but not limited to, beer bongs, beer pong or beer pong tables, drinking games, and other items when used in or as part of drinking games are not permitted.

7. Students who choose to consume alcohol are expected to behave in a mature and responsible manner. Any student whose inappropriate behavior (as defined by the Code of Conduct) on the Buena Vista University Storm Lake campus, or on property used by the University, is perceived to be directly related to alcohol consumption may be disciplined for said behavior and, in addition, may be subject to the sanctions for violations of this Alcohol Policy as well.

8. Buena Vista University reserves the right to create alcohol-free, tobacco-free and/or smoking free living spaces for those students who request it.

9. All alcohol consumed outside a student room must be served by the University food service under their license. Such authorization shall result from negotiations between the food service vendor and the president of the university, or his/her designee. At sites used by the University, other than the Storm Lake campus, the possession, sale, distribution, and consumption of alcohol must be consistent with relevant local laws and campus policies and regulations, and the decisions of the president or his/her designee. Open containers of alcohol provided by the University food service must be kept in the space in which the alcohol is served. Alcoholic beverages may not be served or consumed in any public space on university property, unless authorized by the president of the University, or his/her designee.

10. Responsibility for obtaining proof of age before serving an alcoholic beverage on university property lies with the organizer and/or host of the event or activity.

11. The possession, consumption, and distribution of alcoholic beverages during ACES performances or lectures is prohibited.

12. Any solicitation (for example, advertising) of alcoholic beverages or their consumption, including any items placed in campus mail, campus email or mailboxes, is prohibited on campus. The Chalk Policy (found under the General Policies) also prohibits solicitation of alcoholic beverages. Note: Advertisements on any official campus radio station (e.g., KBVU), on any official campus television station (e.g., University Cable Network), or in any official campus newspaper (e.g., The Tack) are not covered by this provision. Any solicitations or other materials received via U.S. Mail are not covered by this provision.

13. Consumption of alcohol on trips sponsored or sanctioned by Buena Vista University (i.e., athletic trips, Interim trips, conventions, field trips, etc.) shall be consistent with relevant, local laws and regulations, and the decisions of the designated leaders of those trips. Student members of the residence life staff are not specifically responsible for enforcing the Drug and Alcohol Policies on any trips sponsored or sanctioned by Buena Vista University.

Student Sanctions for Violations of the Alcohol Policy: The usual sanctions for typical alcohol violations are listed below. However, other discretionary sanctions may be imposed by the judicial board or hearing officer in order to deal effectively and appropriately with the student's behavior in cases where lesser or more severe sanctions might be needed. These may include any sanction allowed under the BVU Code. While we typically work directly with students we reserve the right when appropriate to contact parents/guardian.

1. A first violation would typically result in an official warning, and/or any of the following: $50 Fine, attendance at an alcohol education class.

2. A second violation would typically result in an official warning, and/or any of the following: $75 Fine, five hours of on-campus community service, alcohol assessment with follow through of any recommended treatment.

3. A third violation would typically result in Judicial Probation, and/or any of the following: $100 Fine, ten hours of on-campus community service, alcohol assessment with follow through of any recommended treatment at the cost of the student, possible removal from university housing if appropriate.

4. Additional violations will most likely result in suspension and/or other sanctions.

(For definition of sanctions, please see the Sanctions Appropriate for Violation)

Students should be aware that any official disciplinary sanctions will result in a deduction of points for room draw.

Expenditure of Fines Collected for Violations of the Alcohol Policy: The Office for Student Affairs will determine how funds in the Alcohol Fine Account will be spent. Typically, these funds are allocated for substance prevention and/or programming efforts throughout the campus community.

Smoking Policy

Iowa Smokefree Air Act. The Smokefree Air Act was signed into law by Governor Chet Culver on April 15, 2008. Effective July 1, 2008 smoking will be regulated in public places, places of employment, and certain outdoor areas. In accordance with the new law, smoking is now prohibited on all university property.

SMOKELESS TOBACCO
In the interest of student health and commitment to preparing students for future professional lives, smokeless tobacco products are prohibited in classes and at indoor, university-sponsored events. While smokeless tobacco is allowed in residence halls, users of these products are expected to exercise great responsibility and consideration. Smokeless tobacco waste should be disposed of in garbage receptacles; not in university plumbing, which includes showers, sinks and water fountains.

SANCTIONS FOR VIOLATIONS
The usual sanctions for typical tobacco policy violations are listed below. However, other discretionary sanctions may be utilized by the judicial board or hearing offices in order to deal appropriately with individual behavior in cases where lesser or more severe sanctions may be warranted.

1. A first violation would typically result in an official warning and a $20 fine.
2. A second violation would typically result in an official warning and a $35 fine.
3. A third violation would typically result in an official warning and a $50 fine.
4. Additional violations would typically result in probation and suspension.

The funds collected from the above violations will be allocated to the Residence Hall Damage Account and used to cover expenses related to tobacco use, such as cleaning and/or repair/replacement of outdoor smoking receptacles.

complies with

The judicial process for violations is initiated when any member of the University community files a written complaint with an appropriate administrator (residence director, vice president for student affairs/dean of students or a designee, Campus Security).

The accused student may request to have a private decision or to have the charge heard by the Judicial Board. In either instance, adjudication will be based on preponderance of the evidence, and sanctions will be based on severity and/or previous offenses. The student may respond to the charges at any hearing related to the judicial process.

Administrative Hearing

The accused student may have his/her case decided by an appropriate administrator (vice president for student services/dean of students or designee) when there is mutual consent between the student and the administrator. This judicial process is confidential, but the decision is not necessarily confidential. The student may appeal this decision to the appropriate administrator (see "Appeals Process" within the Judicial Process section).

Judicial Board

The accused student may have his/her case decided by the Judicial Board by choice or when there is not mutual consent for a private decision between the student and the designated administrator. This judicial process is confidential, but the decision is not necessarily confidential. The student may appeal this decision to the appropriate administrator (see "Appeals Process" within the Judicial Process section). In special cases requiring immediate action, the vice president for student affairs/dean of students or a designee may impose sanctions, which will be temporary until the Judicial Board can be convened. Such temporary sanctions must be reported to the Judicial Board and other appropriate administrators.

Judicial Board Composition and Procedures

Complaints brought before the Judicial Board must be in writing. Any student charged with a violation will receive written notification of the charges, the nature of the evidence, and the name(s) of any witness (es) who will testify. Hearings are non-adversarial (i.e. no attorneys), confidential, and shall not be considered analogous to court proceedings. Hearings will be conducted with simplicity and fairness, and will not be restricted to technical rules of substantive or procedural law. While the proceedings of the Judicial Board are confidential, its decision is not necessarily confidential.

Membership

1. The Judicial Board shall consist of the following voting members:

Two faculty members (appointed by the chair of faculty senate)
Six student members (appointed by the president of Student Senate):
One student representing Pierce, White and Swope Halls
One student representing Grand and Liberty HallsOne student representing Briscoe, Constitution, McCorkle Halls and Cottages
Three at large members

It is encouraged that one (1) of the at-large positions be held by an off-campus student. The Student Senate president may represent one (1) of the student groups. Students in their first semester at Buena Vista University are not eligible. One (1) faculty standing alternate will be appointed by the vice president for academic affairs/dean of faculty and one (1) student standing alternate will be appointed by the president of Student Senate. All faculty and students are appointed to the Judicial Board on an annual basis.

The vice president for student affairs/dean of students or a designated alternate shall be an ex-officio member who is responsible for assisting the student chairperson with procedural matters. This ex-officio member may cast a deciding vote to break a tie among regular members.

2. The Judicial Board chairperson will be selected by the Board from its student membership and must be a Student Senator. The chairperson has the authority to maintain order and control of all persons at the hearing. The chairperson may expel persons from the hearing whose conduct interferes with the proper procedures of the Board. In such an event, the hearing will continue without the expelled person(s).

The chairperson or the vice president for student affairs/dean of students shall call for meetings of the Judicial Board. The chairperson (or the vice president for student affairs/dean of students) will inform the accused of the convening of the Judicial Board meeting in a timely manner. The chairperson (or the vice president for student affairs/dean of students) will inform the student, in writing, of the Judicial Board decision in a timely manner.

3. A Secretary will be selected by the Board from its membership and is responsible for keeping accurate records of the case(s). These records are confidential as to specifics of the case(s) and person(s) involved, but not as to university rules or principles of conduct, whether the final decision is guilty or not guilty.

The secretary's confidential record should include thorough notes during the hearing, summaries of the reasoning of the Board and copies of the charges, decision, and sanctions. A report, omitting all names but otherwise complete, shall become a part of the permanent record of the Judicial Board and be available to members of the Board so as to provide a guideline for future deliberations. The secretary must file results of the hearing with the vice president for student affairs/dean of students within two (2) class days after the adjournment of the proceedings. Sanctions recommended by the Judicial Board will be implemented by the vice president for student affairs/dean of students, or his/her designee. If the media requests information, the secretary may make available a report of any disciplinary action recommended, omitting all names but including university rules or general principles of conduct violated. The Judicial Board may make public all decisions without names.

Jurisdiction

Buena Vista University shall have jurisdiction over all students who are enrolled at Buena Vista University. Any school sponsored or sanctioned activities, during which harassment is alleged to have occurred, shall trigger jurisdiction. For any other alleged incident occurring off campus, however, this jurisdiction will be invoked only upon the written concurrence of the president and the vice president for student affairs/dean of students.

Hearings

Convening of the Judicial Board:

A. Hearings will be scheduled after a written complaint from an appropriate administrator is filed with the chairperson of the Judicial Board. Any complaint must state the offense, giving the time, date, place, circumstances and person(s) involved or present during the alleged violation.

B. The chairperson or secretary will send a written summons to all parties involved, accused(s), complainant(s), witness(es) and members of the Judicial Board, within three (3) class days after receipt of the request or complaint. Included with the summons must be notification of the accused's and complainent's opportunity to testify personally and the opportunity to present evidence and witness(es). The time, date and place of the hearing will be stated in the summons. Further, the accused must be notified that failure to appear at the hearing will result in loss of opportunity to respond to the charge(s) and that the Judicial Board will consider the case and proceed in judgment. The hearing will ordinarily take place within one week (seven days) after the summons is sent except in special situations determined by the chairperson of the Judicial Board and/or the vice president for student services/dean of students.

C. Times may be reduced or extended as may be appropriate under the circumstances.

Attendance

Five (5) of the eight (8) Board members will constitute a quorum and are required to conduct a hearing.

Hearings will be closed to everyone except Judicial Board members and person(s) involved in the action.

Members of the Judicial Board must disqualify themselves from hearing cases arising from matters directly relating to them, or concerning person(s) about whom they are prejudiced. The accused(s) may request that one (1) Board member not attend the hearing. This request must be delivered to the chairperson prior to the scheduled hearing and be entered into the minutes of the hearing.

A quorum must be maintained and standing alternates may be used if regular members cannot attend. If allowed exclusions reduce the Judicial Board attendance below the required five (5) members, the vice president for student affairs/dean of students will determine whether an alternate hearing body or a postponement of the hearing is more appropriate based on the nature of the allegations.

Procedures

Copies of the charge letter will be distributed to all in attendance prior to the hearing. The charge letter will be read aloud at the beginning of the hearing by the chair. All information presented at the hearing is confidential. Disclosure of privileged information by a member of the Board will result in that member's expulsion from the Board. In such an instance, the seat will be filled by a standing alternate representing the same constituency (faculty, student, or administrator) and a new alternate will be appointed by the appropriate source. Individuals appearing before the Board are responsible for presenting truthful information. Any person found willfully presenting false or misleading information will be subject to sanction.

The complainant will be required to speak first. The accused will then have a chance to respond. Members of the Board are then given the opportunity to ask questions of both the accused and the complainant. Next, the accused and the complainant will be given the opportunity to ask questions of each other through the chair. Witnesses are then called one at a time, alternating from complainant to accused (when necessary) with each asked to make a statement and then respond to any questions the Board has. The accused and complainant will be given the opportunity to ask questions of each witness through the chair. Evidence and testimony will be limited to that which is relevant to the case. Relevance of evidence and testimony will be determined by the vice president for student affairs/dean of students or his/her designee. Testimony should be presented in person. When a witness cannot be present, testimony may, when necessary, be presented in a signed, written form. Any intimidation of students participating in a hearing will be viewed as an offense, subject to disciplinary action. After all witnesses have been heard, the board may ask any remaining questions of the accused and complainant. Then the accused and the complainant, respectively, will be given the opportunity to make a final statement. Final statements are not subject to questions by the Board. After all information has been presented, the hearing will be adjourned and the Judicial Board will deliberate in private to determine the guilt or innocence of the accused using a preponderance of the evidence. Decisions of the Judicial Board are based on majority vote. Upon a determination of guilt, the Board must impose an appropriate sanction. Previous offenses are used for purposes of determining sanctions only after a decision of guilt has been made. Finally, the accused and the complainant, respectively, are brought back to be read the verdict and any subsequent sanctions.

The entire hearing process, including deliberations by the Board and reading of decisions and all subsequent sanctions will be audio taped for use in the event of an appeal.

Results of the hearing must be filed with the vice president for student services/dean of students within two (2) class days following the hearing. A written, dated notice of the decision will be forwarded to the accused by the Office for Student Affairs within one (1) class day following receipt of the decision.

Amendments

The Judicial Board and/or the vice president for student affairs/dean of students may call a special meeting to discuss or amend structures or procedures of the Board. All proposed revisions or amendments must be explained to the Student Senate and passed by the Student Affairs Committee of the Faculty Senate, the Faculty Senate and the president of the University.

Sanctions Appropriate for Violations

Students found guilty of a policy violation as a result of an official hearing will receive one of the following 5 sanctions and may also be subject to any additional disciplinary actions.

1. Official Warning: An Official Warning is a written censure regarding misconduct with the understanding that further misconduct could result in more severe disciplinary action. Official Warnings are not noted on a student's academic record (transcripts).

2. Disciplinary Probation: Disciplinary Probation is a serious sanction and further violations of campus policy may result in suspension or expulsion. Disciplinary Probation is not noted on a student's academic record (transcripts).

3. Suspension: Suspension is a set period of time during which the privilege of attending classes and/or being on campus is withdrawn. The student may be returned to good standing at the completion of the period or after specified conditions are met. When disciplinary action (i.e. suspension or expulsion) results in the loss of any college or college-contracted service for the student, there will be no refund, except pro-rated board, unless required by federal, state or other regulations. When a student is suspended a notation will be made on the student's academic record (transcript) as follows: "SUSPENDED (date) FOR CONDUCT." During a subsequent semester, a student who desires to be reinstated must notify the vice president for student services/dean of students and present evidence that the conditions for reinstatement have been satisfied.

4. Denial To Re-register: Denial to re-register is denial of the opportunity to continue with the University at the conclusion of the current term. This is the same as suspension or expulsion, but the student is permitted to complete the semester for academic and/or financial reasons. When a denial to re-register is finalized, a notation will be made on the student's academic record (transcript) as follows: "DENIED PERMISSION TO RE-REGISTER (date) FOR CONDUCT".

5. Expulsion: Expulsion is withdrawal of the privilege of attending the University with no promise (implied or otherwise) that the student may return at a future time. A student who has been expelled from the University for disciplinary reasons may be re-admitted only by the authority of the vice president for student affairs/dean of students. When an expulsion is finalized, a notation will be made on the student's academic record (transcript) as follows: "EXPELLED (date) FOR CONDUCT." An expelled student may never be on the BVU campus without permission from the president of the University.

With the exception of suspension, expulsion and denial to re-register, the sanction does not appear on the transcript and is not made available to persons or organizations outside the University. Legitimate requests for such information from graduate schools, employers, and the like will be filled only with the permission of the student.

Disciplinary Actions

The nature of some policy violations may also warrant disciplinary actions in addition to the Sanctions listed above. Disciplinary actions may include, but are not limited to:.

1. Financial restitution to the appropriate party(ies).
2. Service or educational project.
3. Loss of privileges associated with the offense such as use of university facilities, visitation, attendance at university functions, etc.
4. Monetary fines.
5. Counseling - encouraged or required participation in counseling sessions.
6. Denial of:

participation and/or attendance at intercollegiate athletics
participation in intramural athletics
participation in public performances, publications, events or activities sponsored by student campus organizations, except assignments required for course work
holding an office in any student organization
using a motor vehicle on campus
exercising his/her normal housing lottery priority
attending or sponsoring university social functions
serving as an academic assistant
use of the athletic facilities

Appeals Process

Sanctions imposed by a residence hall director may be appealed to director of residence life and housing. Upon receiving an appeal, the director of residence life and housing may refuse to hear the case for lack of sufficient reason for appeal; request that the original hearing body grant another hearing, stating the reason for the request; uphold the decision; or impose alternative sanction(s) no greater than the original sanction.
Sanctions imposed by or upheld by the director of residence life and housing may be appealed to the vice president for student affairs/dean of students. Upon receiving an appeal, the vice president for student affairs/dean of students may refuse to hear the case for lack of sufficient reason for appeal; request that the original hearing body grant another hearing, stating the reason for the request; uphold the decision; or impose alternative sanction(s) no greater than the original sanction.
Sanctions imposed by or upheld by the vice president for student affairs/dean of students may be appealed to the president. Upon receiving an appeal, the president may refuse to hear the case for lack of sufficient reason for appeal; request that the original hearing body grant another hearing, stating the reason for the request; uphold the decision; or impose alternative sanction(s) no greater than the original sanction.
Sanctions imposed by the Judicial Board may be appealed to the president. Upon receiving an appeal, the president may refuse to hear the case for lack of sufficient reason for appeal; request that the original hearing body grant another hearing, stating the reason for the request; uphold the decision; or impose alternative sanction(s) no greater than the original sanction.

Appeals to these sources must state reason(s) and be presented in writing within two (2) class days after receiving the decision. Appeals may be based on failure of the hearing body to follow proper procedures, new evidence or excessive sanctions.

Preamble

Buena Vista University will not tolerate sexual aggression in any form. The University is committed to a campus environment, which is free from the emotional and physical threat of sexual assault. A student, staff, administrator or faculty member charged with sexual misconduct can be prosecuted under Iowa criminal statutes and/or disciplined under the university's Sexual Misconduct Policy. Buena Vista University affirms that those who bring charges forward - whether administrators, faculty, staff, or students - will be supported and will be treated with dignity and respect.
Victims are strongly encouraged to report sexually abusive behaviors to the Office for Student Affairs, Counseling Services, Campus Security or SAVE (Students Against A Violent Environment) as soon as possible after the incident. Compassionate support, assistance and treatment services are available on campus for victims. The campus' first responsibility in responding to reports of sexual misconduct is attending to the needs of the victim. All reports of sexual aggression are taken with the utmost seriousness, and the victim will be referred to the appropriate support persons for assistance. Victims are encouraged to preserve evidence in case they would like to pursue charges at a later date. Confidentiality will be protected and support for victims will be provided when not in conflict with overriding community interests.

Buena Vista University proceedings are separate and distinct from state and federal legal proceedings. If the victim wishes to enter the legal system, it will be necessary to file separate charges with local law enforcement officers. The University will provide support to victims who choose to file charges with local law enforcement. Even if criminal justice authorities choose not to prosecute, the university will pursue disciplinary action at the request of the victim.

Jurisdiction

Persons who knowingly, willfully, and/or maliciously make false accusations of sexual misconduct may be prosecuted under the Code of Conduct.

Definitions of Sexual Misconduct

Consent requires actual words or conduct explicitly demonstrating a knowing and voluntary agreement to have sexual intercourse or to participate in sexual activities. However, in determining whether consent was given, the following rules shall apply:
1. Silence is not consent
2. Previous sexual relationships and current relationships with the accused may not be taken as an indication of consent.

A person who is incapacitated cannot give consent. In determining whether a person has the capacity to consent in a knowing and voluntary manner, the totality of the circumstances shall be considered. In determining capacity, the circumstances to be considered include, but are not limited, to:
1. use of alcohol, drugs an/or other intoxicants
2. use of force, threat of force, or deception
3. lack of awareness that the act is being committed
4. impairment by virtue of mental or physical condition
5. coercion by supervisory or disciplinary authority.

The following constitute sexual misconduct:

a. non-consensual sexual contact: any sexual contact, either bodily or with an object, including, but not limited to, kissing, fondling, rubbing or grabbing, without consent. Attempted sexual contact may be adjudicated as if the contact actually took place.
b. non-consensual sexual intercourse: including, but not limited to, vaginal, anal or oral penetration, however slight, without consent. Any attempted sexual intercourse may be adjudicated as if the act were carried out. Some common terms used are rape, date rape and acquaintance rape.
c. sexual exploitation: any sexually exploitive conduct, examples of which are: filming or photographing an individual or party in a sexual manner without consent from that individual or parties and/or publishing distributing, printing, disseminating the material in a manner the individual or parties involved did not consent to.

Hearing Boards

If the complainant chooses to proceed with internal action, he or she may choose from among three hearing options. The members and alternates of the Hearing Boards are chosen by the President's Council for employees, and by the Judicial Board for students.

The Sexual Misconduct Hearing Board, for any particular hearing, consists of one administrator, one faculty or staff member, and one student, the combination to be determined by the status of the persons involved. The members and alternates of the Hearing Board will be selected by the President's Council and the Judicial Board. The vice president for student affairs/dean of students is responsible for selecting representatives to serve on a particular Hearing Board. The chair of the committee will be selected by the Hearing Board prior to each hearing.

The Administrative Hearing Board consists of three administrators, selected by the vice president for student affairs/dean of students. The Chair will be selected by the Board prior to each hearing.

The process for a member of the faculty, administration or staff accused of sexual misconduct shall be a hearing before the Administrative Hearing Board, which will make a finding of fact to the appropriate vice president, who will determine the final disposition. In the event the accused is a vice president, the finding of fact will go to the president of the University for disposition. In the matter that the accused is the president, the matter will go to the chair of the Board of Trustees.

The Dean's Hearing consists of the vice president for student affairs/dean of students or his/her designee. The vice president for student affairs/dean of students, or his/her designee, has the right to refer the case to one of the Hearing Boards.

The University will file charges on campus with the consent of the complainant. The university will support the victim regardless of the decision he or she makes regarding the filing of a complaint on campus and/or with law enforcement officials.

Hearing Procedures

Each Hearing Board will choose a chair prior to a hearing. The process is the same for all hearing Boards. Copies of the complaint will be distributed to all members of the hearing body at least 24 hours prior to the hearing.

All hearings pursuant to this policy shall be closed and all persons in the hearing room shall be admonished to keep all evidence, testimony, and deliberations confidential. All information presented at the hearing is confidential. Disclosure of privileged information by a member of the Hearing Board will result in that member's expulsion from the Board. In such an instance, the seat will be filled by a standing alternate, representing the same constituency, and a new alternate will be selected by the appropriate body. Board members may be subject to sanction and will be expelled from the Hearing Board. Any allegation regarding a breach of confidentiality on the part of any board member shall be submitted in writing to the vice president for student services/dean of students for appropriate and timely action.

Members of the Hearing Boards must disqualify themselves from hearing cases arising from matters directly relating to them, or concerning persons about whom they are prejudiced. The accused and the complainant may each request that Board members be removed for cause. The accused and the complainant shall be notified of the names of those who will serve on the Board at the time the hearing is scheduled. If either objects to any member or members of the Board, he/she must submit reasons for the objections to the vice president for student affairs/dean of students, in writing, at least 24 hours before the hearing. The vice president for student affairs/dean of students will review the objection and decide whether the Hearing Board member(s) should or should not be replaced. Removal from the Hearing Board shall only occur if the vice president for student affairs/dean of students is convinced that a lack of impartiality or other extenuating circumstances would result, were the hearing board member to adjudicate the incident. The decision of the vice president for student affairs/dean of students must be delivered to the chair prior to the scheduled hearing and be entered into the minutes of the hearing. If necessary, another Board member will be selected to replace that person.

The hearing will not be video-taped, but the hearing process will be audio-taped for possible appeals. The vice president for student affairs/dean of students will destroy the tapes after the appeals period has expired.

Hearing Protocol

The complainant will be asked to make a statement to the Hearing Board first, followed by a statement from the accused. The accused has the right to remain silent at the hearing. If the accused does not come to the hearing, the hearing will continue in his/her absence. Members of the Board may ask questions. Each party may submit questions to the Board to be asked of the other party and/or witnesses during the hearing. Either party may request a reasonable recess during the proceedings.

Individuals appearing before the Hearing Board are responsible for presenting truthful information. Any person found to be willfully presenting false or misleading information shall be subject to disciplinary action.

Record of Hearing

When opening statements and clarifying questions are completed, witnesses will be brought individually into the hearing room. All witnesses not testifying will remain outside the hearing room. All witnesses may be questioned by the Hearing Board. When all witnesses have been heard, the complainant and the accused will be given the opportunity to make final statements. Following final statements, the matter will be deliberated by the Board.

Support Person

Both the complainant and the accused may have a support person accompany them to the hearing. The support person must be from the BVU community. The support person may not speak to or for the complainant and/or the accused, nor write to that person during the hearing.

Policy Liaison

BVU provides assistance for the complainant, the accused, and any other involved persons in the form of Policy Liaisons, comprised of students, staff, faculty, and administrators.

Any student or employee who is the complainant, the accused, or a witness of alleged sexual misconduct may ask for support from among the group of Policy Liaisons, or may select his/her own person from the BVU Community. The Policy Liaisons are available to explain the process and may remain with the person during the entire process. The complainant and the accused and witnesses may each request a Policy Liaison. The Policy Liaison is present at the hearing to communicate, concerning policy questions, with the person being helped.

Student Senate will select students to become Policy Liaisons. The President's Council will select faculty, administrators, and staff to become Policy Liaisons.

Deliberation

All persons in the room, except for the Hearing Board will be asked to leave during deliberations. The Hearing Board decision will be reached based on a preponderance of the evidence. The accused and the complainant will be brought back into the room separately and told of the decision. The chair of the chosen Hearing Board will also put the decision in writing for both parties. A letter outlining the conditions of the disposition of the hearing will be placed into the adjudicated student's personal file and in the judicial file of the University.

Sanctions for Students Found Guilty of Sexual Misconduct

The president or a designated vice president may remove the accused from campus prior to a hearing if that person is believed to be a danger to the victim and/or the BVU community. This action has no bearing on the hearing and does not imply guilt.

Sanctions appropriate for violations include the following, or a combination thereof:
1. Written Censure is an official statement condemning the conduct of the adjudicated student, which will be placed in the student's personal file.
2. Disciplinary Probation maintains the jurisdiction of the Board over the adjudicated student for a designated period of time. Failure to successfully fulfill the conditions of probation will result in suspension or expulsion and will be determined by vice president for student affairs/dean of students. Conditions of probation are those requirements the student must successfully fulfill and may include but are not limited to:

Financial restitution for tangible goods and services for the appropriate party(ies).
Service or educational project.
Loss of privileges associated with the offense such as the use of university facilities, visitation, attendance at university functions, etc.
Counseling-encouraged or required participation in counseling sessions.
Denial of participation in intercollegiate athletics.
Denial of participation in intramural athletics.
Denial of participation including but not limited to, co-curricular involvement, public performances, publications events or activities sponsored by student campus organizations, excluding assignments required for course work.
Denial of holding an office in any student organization.
Denial of using a motor vehicle on campus.
Denial of exercising his/her normal housing lottery priority.
Denial of attending or sponsoring university social functions.

3. Suspension is a set period of time during which the privilege of attending classes or of being on campus is withdrawn. The student may be reinstated at the completion of the period or after specified conditions are met. When disciplinary action (i.e. suspension or expulsion) results in the loss of any college or college-contracted service for the student, there will be no refund, except pro-rated board, unless required by federal, state or other regulations. When a student is suspended a notation will be made on the student's academic record (transcript) as follows: "SUSPENDED (date) FOR CONDUCT." This notation will remain on the record until the terms of the suspension have been satisfied. During a subsequent semester, a student who desires to be reinstated must notify the vice president for student affairs/dean of students and present evidence that the conditions for reinstatement have been satisfied.

4. Expulsion is withdrawal of the privilege of attending the University with no promise that the student may return in the future. A student who has been expelled from the University for disciplinary reasons may only be re-admitted by the authority of the president. When this expulsion is finalized, a notation will be made on the student's academic record (transcript) as follows: "EXPELLED (date) FOR CONDUCT." An expelled student may never be on the BVU campus without permission from the president of the University.

Release of Information

Publicizing sexual misconduct is necessary so that the campus community can make informed judgments and take appropriate preventative measures. Support will be provided and confidentiality will be protected when not in conflict with overriding community interests. The information will be posted throughout the campus on a specific color exclusively used for this purpose, and the information will be in each student's mailbox, and available in the Office for Student Affairs. The vice president for student affairs/dean of students, or his /her designee, will be responsible for distributing the information.

Appeals Process

Appeals from the accused will be heard by the vice president for student affairs/dean of students or his/her designee. Appeals must be filed by the accused within two class days after receiving the written decision from the Hearing Board. Appeals will be considered only for failure of the original hearing body to follow process or for new evidence. An appeal must be submitted in writing stating the grounds for the appeal and a copy will be provided to the complainant. A second appeal may be made to the President of the University, and will follow the same process as stated above.

The complainant is entitled to an appeal if he/she can show, to the satisfaction, that the adjudication process was in any way biased, unfair, or the process or punishment violated the policy.

Rights of the Complainant

To be free from any suggestion the complainant must report the crimes.
To be able to choose the level of involvement in university disciplinary proceedings against an accused, including the right to an advocate.
To have any allegations of sexual misconduct treated seriously and non-judgmentally; the right to be treated with dignity.
To be free from any suggestion the complainant is responsible for the commission of crimes against her/him.
To be free from any pressure from campus personnel to:
- Refrain from reporting policy violations.
- Report policy violations if the complainant does not wish to do so.
- Report policy violations as lesser offenses.

Rights of the Accused

To be provided with a full and complete explanation of the charges.
To be presumed innocent unless proven otherwise.
To be provided with an explanation of the possible range of the penalties/punishments.
To cross-examine witnesses and to testify on his/her own behalf.
To remain silent during hearing proceedings.
To present witness and documentary evidence, and an explanation or argument on his/her own behalf.

Rights to Resources On and Off-Campus

A right to a facilitated discussion is available on campus, but it is not a part of the process of responding to sexual misconduct. A facilitated discussion may be requested only in the case of non-consensual sexual contact.

To be notified of existing campus and community based medical, counseling, mental health and student services for complainant of sexual assault whether or not the crime is formally reported to campus or civil authorities.
To have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling.
To be informed of and to be assisted in exercising:
- Any rights to confidential or anonymous testing for sexually transmitted diseases, human immunodeficiency virus, and/or pregnancy; any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.
To receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities if the complainant so chooses.
To receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing, and maintaining evidence.

Campus Judicial Rights

To be able to choose the level of participation in university disciplinary proceedings against an accused, including the right to an advocate.
To have all irrelevant sexual/relationship evidence excluded during disciplinary proceedings.
To have any allegation of sexual misconduct investigated and adjudicated by campus authorities.
To be afforded the opportunity to have a policy liaison and/or support person present during any campus disciplinary proceeding.
To be notified in writing of the outcome and sanction of the sexual misconduct disciplinary proceeding against the accused and to be notified of any appeal.

Campus Intervention Policy

In certain instances, state and federal law requires institutions to take certain action for the safety of the community and for the welfare of the complainant, even if not requested by the complainant. This includes, but is not limited to, changes in classes and housing. Decisions will be made with sensitivity to the complainant and in a fair and reasonable manner.
There shall be no statute of limitations on campus, as long as the accused remains enrolled at the University.
If an accused student withdraws from the University after the incident, the hearing will go forward with or without the accused. The accused may return to campus for the hearing.

Policy Statement Supporting Diversity and Free Speech

Diversity of views, cultures, and experiences is critical to the academic mission of higher education. Such diversity enriches the intellectual lives of all, and it increases the capacity of Buena Vista University to serve the educational needs of its community.

BVU is also equally committed to academic freedom and free speech. As members of an institution of higher learning, respecting these rights requires that we tolerate expressions of opinion that differ from our own or that we may find abhorrent.

These values of free expression justify protection of speech that is critical for diversity and other principles central to the university's academic mission. However, values of free expression are not supported, but rather are undermined by acts of intolerance that suppress alternative views through intimidation or injury. As members of an institution of higher learning, we must stand against any assault upon the dignity and value of any individual, through harassment that substantially interferes with his or her educational opportunities, peaceful enjoyment of residence, physical security, or terms or conditions of employment (collectively, "protected interests").

Buena Vista University is committed to preventing harassment while protecting individual rights. The BVU community promotes an environment in which incidents of discriminatory harassment are less likely to occur; an environment that is hospitable to all members of the University community regardless of race, sex, color, national origin, religion, age, sexual orientation, disability or status.

Ultimately, however, these goals will not be fully realized unless every member of the University community takes personal responsibility for fostering an environment in which diversity can be appreciated and in which all students and employees can reach their fullest potential. No committee or other entity can substitute for the good will, freely given, by the individuals who make up the University.

I. University Policy Prohibiting Harassment

A. It is a violation of university policy for any university employee or student to subject any person to harassment.

B. Harassment defined: Actions constitute harassment if:

They are substantially interfere with another's educational or employment opportunities, peaceful enjoyment of residence, or physical security, and
The actions are intentional and taken with the knowledge that they are likely to substantially interfere with protected interests identified above.

II. BVU & First Amendment Guidelines

A. The University's Legal Obligations
As a university and employer, BVU has moral, legal, and, to a limited extent, contractual obligations to maintain reasonable educational, residential, and working environments that allow students and employees to pursue their goals without substantial interference stemming from harassment. BVU is committed to the goal of achieving diversity within the campus community. Principles of academic freedom and constitutional guarantees of free speech, however, limit the University's ability to use restrictions on speech as a means of promoting diversity and opposing harassment and discrimination. Thus, as stated in these policies, the Harassment Policy does not restrict free speech protected by state and federal constitutional laws or by principles of academic freedom.

III. Illegality of Harassment

A. Sexual Harassment
Sexual harassment is prohibited under Title IX of the Educational Amendments Act of 1972 and Titles VI/VII of the Civil Rights Act of 1964, and includes any unwelcome sexual conduct which:

Is made a term or condition of an individual's employment; or
Has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. These statements also apply to the ability of an individual to obtain an education (as in a situation involving a faculty member/administrator/staff member and a student).

The following is a list that is by no means exhaustive, of conduct considered to be sexual harassment, if unwelcome and shown to be sufficiently severe and pervasive:

direct or indirect threats or bribes for sexual activity
sexual innuendoes and comments
intrusive sexually explicit questions
sexually suggestive sounds or gestures
repeatedly asking a person out for dates or to have sex
touching, patting, pinching, stroking, squeezing, tickling, or brushing against a person
neck/shoulder massage
rating a person's appearance or sexuality
ogling, leering or staring at a person's anatomy
spreading rumors about a person's sexuality or graffiti about a person's sexuality
name-calling
sexual ridicule
jokes about sex or genders
letters, notes, telephone calls, or material that is of a sexual nature
displaying pictures, photographs, calendars, cartoons, or other material with a sexually explicit content
stalking a person

Harris v. Forkli (1993) and Oncale v. Sundowner (1998): To determine the existence of a severe or pervasive harassing environment, the following circumstances must be considered: frequency and duration of conduct; severity of the conduct (physical threats, humiliation, or mere utterances); and the level of interference with the complainant's employment or education.

Sexual Harassment is punishable under federal and state law.

B. Harassment Based on Race and National Origin
Harassment based on race or national origin can be oral, written, graphic or physical conduct related to an individual's race, color, or ethnicity, including, but not limited to:

Intimidation or implied or overt threats of physical violence motivated by race, color or national origin.
Acts of aggression or assault upon another, or damage to property of another, motivated by the individual's race, color, or ethnicity.
Demeaning jokes, taunting, racial slurs and derogatory racial nicknames, innuendos, or other negative or derogatory remarks relating to race, color, or ethnicity.
Graffiti, slogans, cartoons, or posters depicting racial/ethnic slurs and/or derogatory sentiments.
Criminal offenses directed at persons because of their race or national origin.

C. Harassment Based on Sexual Orientation

Some harassment directed at gay, lesbian, bi-sexual or transgendered individuals can fall under the sexual harassment guidelines if it is targeting such individuals for physical sexual advances, etc. Buena Vista University will not tolerate any type of harassment toward members of the gay, lesbian, bi-sexual or transgendered community. BVU's harassment policy prohibits any conduct toward individuals based on their sexual orientation that creates a hostile environment. All allegations of such conduct will be investigated and are subject to the hearing procedures of this policy.

D. Other Targets of Harassment

Comments and actions that constitute harassment may also be based on any other protected interest, such as religion, age, ability, and/or physical appearance. Buena Vista University will not tolerate such conduct and all allegations will be investigated and are subject to the same hearing procedures and sanctions as other forms of harassment under this policy.

Retaliation

Buena Vista University will discipline or take other appropriate action against any student, faculty member, staff member, or administrator who retaliates against (or attempts to retaliate against) any person who reports alleged harassment or violence, files a complaint of harassment, or who testifies, assists, or participates in any investigation, hearing or proceeding related to such harassment or violence. Retaliation includes, but is not limited to, any form of threat, intimidation, reprisal, or discrimination.

Jurisdiction

Hearing Boards

The Harassment Hearing Board, for any particular hearing, consists of one staff member, one faculty member and one student. The members and alternates of the Hearing Board will be selected by the President's Council and the Judicial Board. The vice president for student affairs/dean of students is responsible for convening representatives to serve on a particular hearing board. The Chair of the Hearing Board will be selected by that Hearing Board prior to each hearing.

The Administrative Hearing Board consists of three administrators, convened by the vice president for student affairs/dean of students. The chair will be selected by the Board prior to each hearing.

The Dean's Hearing consists of the vice president for student affairs/dean of students or his/her designee. The vice president for student affairs/dean of students or designee has the right to refer the case to one of the Hearing Boards.

The University will file charges on campus with the consent of the complainant. The University will support the victim regardless of the decision he or she makes concerning the filing of a complaint on campus and/or with law enforcement officials.

Hearing Procedures

Each Hearing Board will choose a chair prior to a hearing. The process is the same for all Hearing Boards. Copies of the complaint will be distributed to all members of the hearing body at least 24 hours prior to the hearing.

All hearings pursuant to this policy shall be closed and all persons in the hearing room shall be admonished to keep all evidence, testimony, and deliberations confidential. All information presented at the hearing is confidential. Disclosure of privileged information by a member of the Hearing Board will result in that member's expulsion from the Board. In such an instance, the seat will be filled by a standing alternate representing the same constituency, and a new alternate will be selected by the President's Council or the Judicial Board depending on whether the person being replaced is a member of the faculty, staff or student body. Any allegation regarding a breach of confidentiality on the part of any board member shall be submitted in writing to the vice president for student affairs/dean of students for appropriate and timely action. In cases of alleged impropriety or other serious concerns, Board members may be subject to sanction and may also be subject to expulsion from the Hearing Board.

The hearing process will be audio taped in case of appeals. The vice president for student affairs/dean of students will destroy the tapes after the appeals period has expired or an appeal is processed.

Hearing Protocol

The complainant will be asked to make a statement to the Hearing Board first, followed by a statement from the accused. The accused has the right to remain silent at the hearing. If the accused does not come to the hearing, the hearing will proceed in his/her absence. Members of the Board may ask questions. Each party may submit questions to the Board to be asked of the other party and/or witnesses during the hearing. Either party may request a reasonable recess during the proceedings.

Individuals appearing before the Hearing Board are responsible for presenting truthful information. Any person found willfully presenting false or misleading information, shall be subject to disciplinary action.

Record of Hearing

When opening statements and clarifying questions are completed, witnesses will be brought individually into the hearing room. When witnesses are not testifying, they will remain outside the hearing room. All witnesses may be questioned by the Hearing Board. When all witnesses have been heard, the complainant and the accused will be given the opportunity to make final statements. Following final statements, the matter will be deliberated by the Board.

Support Person

Policy Liaison

BVU provides assistance for the complainant, the accused, and any other involved persons in the form of policy liaisons, comprised of students, staff, faculty, and administrators.

Any student or employee who is the complainant, the accused, or a witness of alleged harassment may ask for support from among the group of policy liaisons, or may select his/her own person from the BVU Community. The policy liaisons are available to explain the process and may remain with the person during the entire process. The complainant and the accused and witnesses may each request a policy liaisons. The policy liaisons is present at the hearing to communicate, concerning policy questions, with the person being helped.

Student Senate will select students to serve as policy liaisons. The President's Council will select faculty, administrators, and staff to serve in the role of policy liaisons.

Deliberation

All persons in the room, except for the Hearing Board will be asked to leave during deliberations. The Hearing Board decision will be reached based on a preponderance of the evidence. The accused and the complainant will be brought back into the room separately and informed of the decision. The chair of the chosen Hearing Board will also put the decision in writing for both parties. A letter outlining the conditions of the disposition of the hearing will be placed into the adjudicated student's personal file and in the judicial file of the University.

Sanctions for Students Found Guilty of Harassment

Sanctions appropriate for violations include the following, or a combination thereof:
Written Censure is an official statement condemning the conduct of the adjudicated student, which will be placed in the student's personal file.

Disciplinary Probation maintains the jurisdiction of the board over the adjudicated student for a designated period of time. Failure to successfully fulfill the conditions of probation will result in suspension or expulsion and will be determined by the vice president for student affairs/dean of students. Conditions of probation are those requirements the student must successfully fulfill and may include but are not limited to:

Financial restitution for tangible goods and services for the appropriate party(ies).
Service or educational project.
Loss of privileges associated with the offense such as the use of university facilities, visitation, attendance at university functions, etc.
Counseling-encouraged or required participation in counseling sessions.
Denial of participation in intercollegiate athletics.
Denial of participation in intramural athletics.
Denial of participation including but not limited to, co-curricular involvement,public performances, publications events or activities sponsored by student campus organizations, excluding assignments required for course work.
Denial of holding an office in any student organization.
Denial of using a motor vehicle on campus.
Denial of exercising his/her normal housing lottery priority.
Denial of attending or sponsoring university social functions.
Denial of attendance at athletic events.
Denial of use of athletic facilities.
Denial of serving as academic assistant.

Suspension is a set period of time during which the privilege of attending classes or being on the campus is withdrawn. The student may be reinstated at the completion of the period or after specified conditions are met. When disciplinary action (i.e. suspension or expulsion) results in the loss of any college or college-contracted service for the student, there will be no refund, except pro-rated board, unless required by federal, state or other regulations. When a student is suspended a notation will be made on the student's academic record (transcript) as follows: "SUSPENDED (date) FOR CONDUCT." This notation will remain on the record until the terms of the suspension have been satisfied. During a subsequent semester, a student who desires to be reinstated must notify the vice president for student affairs/dean of students and present evidence that the conditions for reinstatement have been satisfied.

Expulsion is withdrawal of the privilege of attending the University with no promise that the student may return in the future. A student who has been expelled from the University for disciplinary reasons may only be re-admitted by the authority of the president. When this expulsion is finalized, a notation will be made on the student's academic record (transcript) as follows: "EXPELLED (date) FOR CONDUCT." An expelled student may never be on the BVU campus without permission from the president of the University.

Release of Information

Publicizing incidents of sexual misconduct is necessary in order for members of the campus community to make informed judgments and take appropriate preventative measures. Support will be provided and confidentiality will be protected when not in conflict with overriding community interests. The information will be posted throughout the campus on a specific color of paper, which is exclusively used for this purpose. In addition, this information will be in each student's mailbox and available in the Office for Student Affairs. The vice president for student affairs/dean of students or his/her designee will be responsible for distributing the information.

Appeals Process

Appeals from the accused are to be heard by the president or his/her designee. Appeals must be filed by the accused within two class days after receiving the written decision from the Hearing Board. Appeals will be considered only for failure of the original hearing body to follow process or for new evidence. An appeal must be submitted in writing stating the grounds for the appeal and a copy will be provided to the complainant. A second appeal may be made to the president of the University, and will follow the same process as stated above.

The complainant is entitled to an appeal if he/she can show, to the vice president for student affairs/dean of students satisfaction, that the adjudication process was in any way biased, unfair, or the process or punishment violated the policy.