The Redhawk Commitment & The Code of Student Conduct 1 Last Update: 7/17/2017 Dear Redhawks: It is my pleasure to welcome you to Seattle University. You are joining a community of scholars who believe in offering you the best experience possible. We are committed to fostering a campus environment where all members of the Seattle University community can contribute to the University’s mission and achieve success in their endeavors. Our sincere hope is that you will grow intellectually, spiritually, and personally and that you will explore the many educational opportunities available to you as a Seattle University student. Our Jesuit tradition of intellectual, moral, spiritual, and social development is the foundation of our Redhawk Commitment and Code of Student Conduct. We aim to provide all students with the tools needed for success in a pluralistic society by providing feedback about behaviors that both enhance and harm the community, as well as helpful resources and opportunities to modify unacceptable behaviors. As a Jesuit and Catholic institution, we hold our students to the highest standard of ethical behavior both on and off campus. The Redhawk Commitment and Code of Student Conduct contain standards that have been established to assist in building an inclusive learning community where safety, respect, consideration, dignity and care for one another are absolute priorities. We seek your assistance in maintaining a vital and engaged campus dedicated to promoting values consistent with academic and personal excellence. Please take the time to carefully review the information that follows, as it is your responsibility to be familiar with all of the University’s standards of conduct and our Integrity Formation process. Thank you for your commitment to upholding and modeling these expectations. If you have any questions about this information, please visit the Office of the Dean of Students in Student Center 140, call (206) 2966060, or email me at integrity@seattleu.edu. We look forward to supporting your journey here at Seattle University. Sincerely, James Willette, Ph.D. Dean of Students 2 Last Update: 7/17/2017 SEATTLE UNIVERSITY Mission Seattle University is dedicated to educating the whole person, to professional formation, and to empowering leaders for a just and humane world. Vision Seattle University will be the premier independent university of the Northwest in academic quality, Jesuit Catholic inspiration, and service to society. Values • • • • • • 3 Care: We put the good of students first. Academic Excellence: We value excellence in learning with great teachers who are active scholars. Diversity: We celebrate educational excellence achieved through diversity. Faith: We treasure our Jesuit Catholic ethos and the enrichment from many faiths of our university community. Justice: We foster a concern for justice and the competence to promote it. Leadership: We seek to develop responsible leaders committed to the common good. Last Update: 7/17/2017 DIVISION OF STUDENT DEVELOPMENT Mission Statement Student Development engages the holistic, Jesuit educational experience of all students by cultivating the knowledge, skills and values needed to be leaders and global citizens in a diverse and changing world. Student Development Diversity Statement Student Development at Seattle University both celebrates and promotes safe and healthy community life for people of all races, religions, national origins, socio-economic classes, gender identities and expressions, sexual orientations, physical and learning abilities, and ages by modeling behavior and articulating expectations that we live and work together in one community, bound together by our commitment to learning and respect for one another. Excellence and diversity at Seattle University are inextricably tied. We have a deep understanding of and commitment to the fact that to be an excellent division and an excellent university we must be diverse in all aspects of our work. 4 Last Update: 7/17/2017 INTEGRITY FORMATION Mission Statement The mission of Integrity Formation is to cultivate a safe, academically-focused community that fosters student success and engagement. We ask students to take ownership of their choices and provide educational opportunities and resources that foster personal growth, repair harm, rebuild trust, and strengthen each student’s relationship with the university. Vision Statement We will provide a transformational experience that encourages students’ individual accountability, growth and reflection, care for the community, and ethical development. THE REDHAWK COMMITMENT & THE CODE OF STUDENT CONDUCT You are responsible for being informed about the Seattle University Redhawk Commitment and Code of Student Conduct. The Redhawk Commitment and Code of Student Conduct is not a contract between the University and a student and it does not create express or implied contractual rights. The University reserves the right, without prior notice to change the policies, regulations, or other information in the Redhawk Commitment and Code of Student Conduct. Students are responsible for accessing the most current version of the Redhawk Commitment and Code of Student Conduct on the Seattle University website. Choosing to join the Seattle University community requires that you act in a manner consistent with these expectations. Joining the Seattle University community implies your acceptance of these commitments and your agreement to strive for achievement. THE REDHAWK COMMITMENT 1. Demonstrate Respect for Self The university values all of its students and is concerned with their total development. Therefore, it is appropriate for the university to set expectations for personal integrity with the aim of encouraging students to appreciate their own talents, take themselves and their academic pursuits seriously, and enhance the quality of their lives. The university will routinely respond to a student engaging in self-destructive or damaging behaviors that might impede that individual’s ability to enjoy the privileges of education and to fulfill their obligations as an educated leader. Students 5 Last Update: 7/17/2017 engaging in such behaviors are also encouraged to seek help from the university community. 2. Demonstrate Respect for Others One value of learning lies in understanding what others bring to the community. Members of the campus community must act out of care and mutual respect to establish an atmosphere of trust, without which there is no community. It is expected that students will be open to learning, including learning about and respecting persons and cultures different from their own. Therefore, Seattle University expects its members to behave toward one another with sensitivity, consideration, understanding, appreciation and an active concern for the dignity and welfare of others. This is especially important in the residence halls and other group living situations, where the sense of community is only as strong as the members make it. 3. Demonstrate Respect for Relationships Student relationships will be characterized by respect, honesty, equality, open communication and the nonviolent resolution of conflict. Inconsistent with this principle are behaviors that are illegal and violate another’s right to move about freely and securely, to live and learn in a community where members are secure in their property and person, to express themselves appropriately, and to enjoy privacy. 4. Demonstrate Respect for Community When students choose to attend Seattle University, they accept the rights and responsibilities of membership in the university learning community. As community members, students are expected to uphold its values by maintaining a high standard of conduct. Inconsistent with this is behavior that detracts from the community, is irresponsible, and compromises the health and safety of community members; it will be referred to the conduct process. 5. Demonstrate Respect for Honesty Seattle University’s educational mission reflects a commitment to the development of the whole person. As a university, love of the truth is at the center of our enterprise: this ideal is lived out through the virtues of truthfulness, honesty and personal honor. While at Seattle University, students are expected to demonstrate the personal characteristics of honesty and integrity in all aspects of their campus life, both inside and outside the classroom. These qualities, which are congruent with our community values and aspirations, are integral parts of daily life on campus. Students should demonstrate, support and celebrate these qualities through choices, actions, experiences and reflections. 6. Demonstrate Respect for Property The mission we share depends upon the responsible use of all property, including buildings, green 6 Last Update: 7/17/2017 spaces, tangible goods such as library books, technology and equipment. Respect for property also involves helping to foster a well-maintained environment: a sense of security, tranquility and accomplishment. This principle requires students to respect personal and institutional property, inside and outside the Seattle University community. THE CODE OF STUDENT CONDUCT SECTION 1: JURISDICTION This Code applies to (i) all undergraduate students; (ii) all graduate students; (iii) all students in professional programs; and (iv) all recognized or unofficial student groups. The Code applies principally to conduct that occurs on University premises or at University-related activities or facilities. University premises mean all land, buildings, facilities, and other property owned or leased by Seattle University. Off-campus conduct may also subject a student to disciplinary or other administrative action when, in the judgment of University officials, the alleged conduct violates the Code. This Code applies to students. Students are individuals who either are registered for at least one course at the University, studying abroad or engaged in service activities, or, although not officially enrolled for a particular term, have clearly manifested intent to attend, remain in attendance, or return to the University. Examples include, but are not limited to, students who are enrolled, but not taking classes because of an academic break, or medical or other personal leave; students who demonstrate the intent to enroll by attending summer/fall orientation; and/or students participating in other institutions’ study abroad programs. The University retains jurisdiction over alleged violations of the Code that occur during a student’s matriculation or attendance at the University. Seattle University is located within an urban environment and surrounded by several residential neighborhoods. The University expects students to behave as exemplary citizens when present in the surrounding neighborhoods and to demonstrate respect for all members of the local community. The community standards outlined in the Code should be demonstrated by Seattle University students when they are present in the community and surrounding neighborhoods. Any student, staff, faculty member, administrator, community member, or Public Safety officer may report any perceived violation of this Code. The report may be made to the Office of the Dean of Students and the Department of Public Safety. Typically, academic dishonesty charges and charges of violations of the professional standards of a college, school, or an academic program are not adjudicated through this Code and are resolved by the academic college or school pursuant to policies administered through the Office of the Provost. The University reserves the right to invoke this Code, however, in addition to or in lieu of other proceedings if academic dishonesty charges or charges of violations of professional standards also may violate this Code. 7 Last Update: 7/17/2017 When visiting or participating in any activities at other colleges or universities, Seattle University students are expected to abide by the behavioral standards of this Code and the rules and regulations of those institutions. Violations of published regulations on other campuses or violations of local laws and statutes while on other campuses will fall under the jurisdiction of this Code. This provision is equally applicable to international campuses for students studying abroad. Seattle University students are responsible for informing their guests on campus of behavioral standards expected of them under this Code and for ensuring that their guests abide by those standards. Students may be held responsible for the behavior of their guests that violates this Code. SECTION 2: VIOLATIONS OF LAW AND UNIVERSITY REGULATIONS Students may be accountable both to civil authorities and to the University for acts that constitute violations of law and this Code, and University Policies. Student conduct procedures at the University may proceed while criminal or civil proceedings are pending and will not be subject to challenge on the grounds that criminal charges or a civil case involving the same incident have been dismissed, reduced, or not yet adjudicated. The University reserves the right to refer matters to federal, state, and local authorities or to suspend a student pending the outcome of a criminal charge. SECTION 3: STANDARDS OF CONDUCT Standards of Conduct assist each student in the development of a responsible lifestyle rewarding to the individual student, respectful of the rights of others, and compatible with the legal norms of society. It is neither possible nor necessary to specify every instance of behavior or misconduct that could result in disciplinary action against a student. Conduct that evidences good intentions, mature consideration of the foreseeable consequences, and respect for the rights and property of others generally will not conflict with University standards. Section 3.1: Respect for Self 3.1.1 Use, possession, providing, sale, or distribution of narcotics or other controlled substances (illegal drugs) except as permitted by law; or being in the presence of narcotics, other controlled substances in Seattle University sponsored housing. The possession or use of marijuana – for any purpose – on university property or at official university functions is prohibited. Therefore, even students with valid documentation under Washington’s medical marijuana law may not possess, store, provide, or use marijuana on university property (including but not limited to residence halls, academic buildings, athletic facilities, and parking lots) or at official university functions, regardless of the location. 3.1.2 Use, possession, providing, sale, or distribution of drug paraphernalia; 8 Last Update: 7/17/2017 3.1.3 Use, possession, providing, sale, or distribution of alcoholic beverages except as permitted by law and by University policy; 3.1.4 Being in the presence of alcohol while under the age of 21 in Seattle University sponsored housing or in other Seattle University owned, leased or managed property except as permitted by law and by University policy; 3.1.5 Being publicly under the influence of alcohol and/or any prohibited or illegal substance; 3.1.6 Behavior that threatens or causes harm to the health, well-being, or safety of the individual student or that evidences an inability to function safely and independently within the University community. 3.1.7 Being in possession of a common source of alcohol. A common source of alcohol is considered to be the equivalent or more than one 30-pack (30 12-ounce bottles or cans) of beer or malt liquor, more than 1.5 liters of wine, more than 750ml of liquor, or any combination of alcoholic beverages with a total amount that exceeds the quantities listed above. Kegs, beer balls, and boxed wine are also considered common sources. Section 3.2: Respect for Others 3.2.1 Assault, physical abuse, verbal abuse, threats, intimidation, harassment, or other conduct that threatens the health or safety of any person; 3.2.2 Harassment or discrimination on the basis of race, color, religion, sex, national or ethnic origin, age, marital status, gender identity, sexual orientation, political orientation, veteran status, or disability; 3.2.3 Violation of University sponsored housing regulations as outlined in the contracts, handbooks, and other documents governing those living facilities; such as visitation hours, quiet hours, community standards, guest policies, pet policy and our cohabitation policy. 3.2.4 Involvement in hazing of any form; 3.2.5 Failure to comply with the directions of a University official or Public Safety officer or hindering such officials in the performance of their duties; 3.2.6 Excessive noise that interferes with the rights of others to sleep or study or that creates a disturbance for other members of the University community; and Section 3.3: Respect for Relationships 9 3.3.1 Threatening or causing physical harm or abuse to another person. Physical abuse includes, but is not limited to, personal injury, physical restraint against a person’s will, and Last Update: 7/17/2017 holding or transporting an individual against their will. 3.3.2 Threatening or causing non-physical abuse of or behavior toward another person or group, including, but not limited to, verbal or written statements that constitute a form of expression unprotected by law, such as obscenity, fighting words, or defamation. Nonphysical abuse means psychological abuse or abusive behavior through oral or written statements that are intended or could reasonably be foreseen to cause disruption, embarrassment, humiliation, shame, fright, grief or intimidation. 3.3.3 Any actual or threatened non-consensual sexual act or any other behavior in violation of section 4.6 of this Code. 3.3.4 Stalking, which is defined here as willfully, and repeatedly following, contacting, emailing, text messaging or harassing another person or series of people in a manner that would cause a reasonable person to feel frightened, intimidated, threatened or harassed. 3.3.5 The exposure of one’s body, especially one’s genitals, in a public place and in a way considered offensive to established standards of decency. 3.3.6 Obscene or vulgar behaviors that demonstrate a lack of respect for others. Section 3.4: Respect for Community 3.4.1 Possession, use, or display of firearms, fireworks, air guns, explosives, ammunition, or other weapons, real or simulated; 3.4.2 Failure to cooperate with authorities during a fire alarm or drill, or failure to follow fire drill or other emergency procedures; 3.4.3 Smoking or the use of tobacco products on or within all Seattle University owned, leased, or managed property and at university sponsored off-campus events. “Tobacco products” refers to cigarettes, cigars, pipes, all forms of smokeless tobacco, clove cigarettes, and any other smoking devices that use tobacco (e.g. hookahs), and nicotine delivery devices that simulate the use of tobacco (e.g. electronic cigarettes, vaping). 3.4.4 Behavior that threatens the health or safety of other community members or that evidences an inability to function safely and independently within the University community. 10 3.4.5 Disorderly or disruptive conduct on University property, at University sponsored functions, or while attending activities off campus, or; interference with, disruption, or obstruction of classroom activities, teaching, research, administration, disciplinary proceedings, or other University activities and functions; Last Update: 7/17/2017 3.4.6 Failure to observe the established closing hours of a building, or obstruction of access to, use of, or egress from University facilities; 3.4.7 Violation of any other University policy, regulation, or rule; 3.4.8 Violation of the terms of any disciplinary sanction imposed in accordance with this Code; 3.4.9 Violation of University and/or departmental policy, regulation, or rule by a student club or organization; 3.4.10 Actions of one’s guest(s) that violate University policies (hosts will be held responsible for the actions of their guests); 3.4.11 Conduct in violation of local, state, or federal law. 3.4.12 Any other behavior that disrupts or impairs the educational mission of the University. Section 3.5: Respect for Honesty 3.5.1 Cheating and plagiarism in circumstances not covered by the Seattle University Academic Honesty Policy or the School of Law Academic Integrity Code; 3.5.2 Forgery, alteration, or misuse of any University documents, records, identification, or access device; 3.5.3 Fraud or other deception, including passing bad checks, to acquire University services or the use of University property; 3.5.4 Misappropriation of student organization funds; 3.5.5 Misrepresenting or furnishing false information, or failing to disclose relevant information, to any University official or office, whether orally or in a written communication; 3.5.6 Use, possession, sale or distribution of fake or false identification cards; 3.5.7 Theft or misuse of computer time, passwords or computer accounts, including file sharing and downloading content from the Internet when such activity violates the law or University policy; 3.5.8 Unauthorized removal of library books, periodicals or other library materials; 11 3.5.9 Theft, alteration, or misuse of a Campus Card. Last Update: 7/17/2017 Section 3.6: Respect for Property 3.6.1 Misuse of or tampering with fire alarm systems, fire extinguishers, emergency exits, locks, or other safety or security equipment; 3.6.2 Attempted or actual theft, damage, or vandalism of property belonging to the University, a student organization, a member of the University community, a party contracting with the University, or a visitor; 3.6.3 Unauthorized entry into or use of University facilities or property, including computer hardware and software; 3.6.4 Disruption of or improper access to University or other computer systems; 3.6.5 Violation of the University’s Computer Acceptable Use Policy; such as abuse of listservs and social media; 3.6.6 Unauthorized possession or duplication or use of keys or access devices to University buildings, facilities, or property; 3.6.7 Fires, arson, or abuse of flammable substances on University property. 3.6.8 Reckless driving or misuse of vehicles, heavy machinery, or equipment. 3.6.9 Use, possession, or storage of battery-operated self-balancing boards or scooters (“hoverboards”) on or in any university owned, leased, or managed property, even if such an item is not in use or plugged into a power source. SECTION 4: UNIVERSITY POLICIES AND PROCEDURES Section 4.1: Alcohol and Drug Policies Seattle University takes seriously its commitment to provide a drug- and alcohol-free community. The manufacture, sale, possession, distribution, dispensing, consumption, or use of either alcohol or drugs is subject to Washington State and federal laws as well as regulations established by university administration. In response to the Drug-Free Workplace Act of 1988 and amendments to the Drug-Free Schools and Communities Act of 1989, Seattle University has developed the Substance Abuse Policies and Prevention Program brochure that is revised and published annually for students, faculty, and staff. There is also an Alcohol Policy, which is a part of Seattle University’s Event Policy, specifically outlining how alcohol may be dispensed at an event on campus. Students are responsible for conducting themselves as responsible members of the academic community in accordance with the policies listed above. Violations of state or federal law or of any university policy or regulation may result in disciplinary sanctions described under the Code of 12 Last Update: 7/17/2017 Student Conduct. Copies of any of the policies mentioned are available in the Office of the Vice President for Student Development, the Event Support Services office, Human Resources, and the Counseling and Psychological Services department. Section 4.2: Redhawks Care Policy At Seattle University, the health, safety, and welfare of our students and community are paramount concerns. All Seattle University students are expected to inform appropriate officials in the event of any health or safety risk or emergency – specifically those involving alcohol or drug abuse even if violations of the Code of Student Conduct may have occurred in connection with such a risk or emergency. Because the University understands that concern about possible disciplinary action may deter requests for emergency assistance, the University has adopted the Redhawks Care Policy to alleviate such concerns and promote responsible action on the part of students. In a situation involving imminent threat or danger to the health or safety of any individual(s), students are expected to: • • • Contact Public Safety by calling 5-911 and/or 911 to report the incident on-campus and 911 off-campus, Remain with the individual(s) needing emergency treatment and cooperate with emergency officials, and Meet with appropriate University officials after the incident and cooperate with Integrity Formation procedures following the incident. The Office of the Dean of Students will consider the positive impact of taking responsible action in an emergency situation when determining the appropriate response for alleged policy violations by the reporting student in the risk or emergency situation. The policy does not preclude or prevent action by police or other legal authorities when appropriate. A student's failure to take responsible action in a risk or emergency situation, however, may void all protections under this provision, may constitute an aggravating factor for purposes of sanctioning, and may lead to further disciplinary actions when such failure to act otherwise constitutes a violation of University rules, regulations or policies. Section 4.3: Seattle University Non-Discrimination Policy and Procedures Seattle University does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, political ideology or status as a Vietnam-era or special disabled veteran in the administration of any of its education policies, admission policies, scholarship and loan programs, athletics, and other school-administered policies and programs, or in its employment related policies and practices. All University policies, practices and procedures are administered in a manner consistent with Seattle University's Catholic and Jesuit identity and character. Inquiries relating to these policies may be referred to the University's Chief EEO Officer/Title IX Coordinator. 13 Last Update: 7/17/2017 Consistent with the requirements of Title IX of the Education Amendments of 1972 and its implementing regulations, Seattle University has designated individuals responsible for coordinating the University's Title IX compliance. Students or employees with concerns or complaints about discrimination on the basis of sex in employment or an education program or activity may contact the following Title IX Coordinator. Andrea Herrera Katahira Assistant Vice President for Institutional Equity Chief EEO Officer, Title IX Coordinator, and ADA/504 Coordinator (206) 220-8515 katahira@seattleu.edu Individuals may also contact the Office for Civil Rights of the U.S. Department of Education. Discrimination Complaint Resolution Procedure and Options for Students At Seattle University we value and celebrate a diverse educational community. We are united in the common goal of teaching and learning, educating for values, preparing for service, and fostering the holistic development of persons. Consistent with our mission and the law, Seattle University does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, sexual or political orientation, or status as a Vietnam-era or special disabled veteran in the administration of any of its education and admission policies, scholarship and loan programs, athletics, and other school-administered policies and programs and employment related polices and activities. A student who has a concern about possible discriminatory treatment experienced in connection with University programs, services, facilities or activities is encouraged to discuss those concerns with a member of the University community who is trained and able to assist, including Andrea Herrera Katahira, Assistant Vice President for Institutional Equity, Chief EEO Officer, Title IX Coordinator, and ADA/504 Coordinator, 220-8515; and Dr. James Willette, Dean of Students, 2966066. It is a violation of the University’s non-discrimination policy to discriminate or retaliate against any student because he or she has opposed any discriminatory practice proscribed by University policy, or because the student has filed a complaint, testified, assisted, or participated in any manner in any University procedures designed to resolve an allegation of discrimination. Discrimination Complaint against the University, a Member of the Faculty, Staff or Administration in Connection with a University Program, Service or Activity A student who believes that he or she has been discriminated against by the University or by a member of the faculty, staff or administration in connection with a University program, service, facility or activity should bring the concern to the attention of: Dr. James Willette 14 Last Update: 7/17/2017 Dean of Students 206-296-6066 Andrea Herrera Katahira Assistant Vice President for Institutional Equity, Chief EEO Officer, Title IX Coordinator, and ADA/504 Coordinator 206-220-8515 Michelle Clements Vice President for Human Resources and University Services 206-296-5870 They will assist a student to assess the situation and to determine the next course of action. Although some situations can be worked out informally, this is not always the case. Some situations should receive a formal review to determine the most effective course of resolution. In those instances, a student can make a formal complaint of discrimination, and the situation will be investigated by the University and a determination made. In some instances, the University may decide to conduct an investigation even if the student does not wish to make a formal complaint. If a student is not satisfied with the resolution of a complaint, the student may seek further review from the Vice President of Student Development or Provost as appropriate to the situation. Discrimination Complaint against a Student, Student Group or Student Organization A student who believes that he or she has been discriminated against by a student or student group or organization should bring the concern to the attention of Dr. James Willette, Dean of Students, 206-296-6066, who will assist the student in evaluating options to address the situation. The informal and formal procedures for a student to address a concern about discrimination by students or student groups or organizations are described below. Informal complaint procedure The informal complaint procedure seeks to achieve a resolution upon which both the Complainant and the Respondent(s) agree. An informal complaint may be oral or in writing, and should be brought to the attention of the Dean of Students. Informal complaints will give the Complainant an opportunity to discuss the matter with a neutral third party to clarify whether discrimination may be occurring and to determine their options, including the pursuit of more formal action. In some cases, the Complainant may ask the Dean of Students or designee to act as a mediator to talk to the other party to determine whether an informal resolution of the issue can be reached. If resolution by this process is reached, no further action will generally be taken, and the matter will be considered closed. There may be some allegations of discrimination, however, that the University will investigate further despite a request for an informal resolution. 15 Last Update: 7/17/2017 In all cases, the Dean of Students will keep a record of the complaint and its resolution. Formal complaint procedure A student can make a formal complaint without first using the informal complaint procedure. The formal complaint should be in writing and delivered to the Dean of Students. The formal complaint should include: the offending party’s name(s); the times, dates, places, and circumstances surrounding the allegation of discrimination; and the name(s) of any witness(es) to the incident(s). A representative from the Office for Student Development may, upon request, assist a Complainant in preparing a formal complaint. After a review of the formal complaint, the Dean of Students or designee will review relevant student files or records and consult with the Complainant, the person(s) against whom the complaint is made, any witnesses, and, as appropriate, with other individuals in an attempt to resolve the matter and determine whether further investigation is warranted. The Dean of Students may investigate further if deemed appropriate. The Dean of Students has the authority to end a formal investigation at any time. Upon completion of the investigation, the Dean of Students will determine if the complaint merits adjudication and will notify the Complainant and Respondent(s) in writing of the findings and recommendations. Even where discrimination is not found, the Dean of Students may determine that the conduct is inappropriate or otherwise violates the Code of Student Conduct or University policy. A Complainant or Respondent dissatisfied with the findings or recommendations may submit a rebuttal statement for inclusion in the investigative file. In cases warranting adjudication, the Office of the Dean of Students retains the right to determine whether the review will be conducted by the conduct review board, the peer review board, or by an administrator designated by the Dean of Students. The proceedings will be conducted in accordance with the Code of Student Conduct. Section 4.4: Bias-Related Harassment Seattle University values and celebrates the diverse backgrounds, cultures, experiences, and perspectives of our community. By encouraging and protecting diversity, we create an environment that promotes freedom of thought and academic excellence. It is a violation of University policy and the Code of Student Conduct to engage in bias-related conduct that has the purpose or effect of unreasonably creating an intimidating, hostile, or offensive educational, living, or working environment. The term “bias-related” conduct refers to language or behaviors that demonstrate bias against persons or groups because of race, color, ethnicity, religion, faith, national origin, political orientation, or sexual orientation. These categories are examples and are not an exhaustive list of attributes or characteristics protected under this policy. A student feeling unsafe or threatened because of bias-related harassment should always seek help from a responsible member of the University community who is trained and able to assist. 16 Last Update: 7/17/2017 The University offers informal and formal procedures for processing and responding to concerns of hostile or unwelcome behavior. The following individuals are available to assist students: Dr. James Willette Dean of Students Student Center 140 (206) 296-6066 willettj@seattleu.edu Andrea Herrera Katahira Assistant Vice President for Institutional Equity Chief EEO Officer, Title IX Coordinator, and ADA/504 Coordinator (206) 220-8515 katahira@seattleu.edu Students may also make formal or informal complaints using the procedures contained in the Sexual Harassment Complaint Procedure for Students or in the case of allegations involving a member of faculty, staff or administration, students may also contact Andrea Herrera Katahira, Assistant Vice President for Institutional Equity, Chief EEO Officer, Title IX Coordinator, and ADA/504 Coordinator, 220-8515; or Michelle Clements, Vice President for Human Resources and University Services, 296-5870, to make a complaint or discuss a concern. Section 4.5: Sexual Harassment Policy Seattle University seeks to promote and maintain an environment free from harassment of any type. Sexual harassment can interfere with a student’s academic performance and emotional and physical well-being. Preventing and remedying sexual harassment at Seattle University is essential to ensuring a nondiscriminatory environment in which students can learn. A complete copy of the Policy and Complaint Procedure Relating to Sexual Harassment of Students by Students is available in the office of the Vice President for Student Development. If a student has a concern about harassment by another student or group of students, this should be reported to the Office of Public Safety, or any of the Contact Persons listed below. If a student has a concern about harassment by a member of the faculty, staff or administration, or by anyone in an employment or teaching situation, this should be reported to Human Resources and is governed by the Seattle University Policy on Sexual Harassment. Definitions 17 Last Update: 7/17/2017 Sexual harassment is defined as any unwelcome, offensive behavior of a sexual nature; unwelcome sexual advances; requests for sexual favors; and other verbal or physical conduct of a sexual nature when: ♦ Submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic admission or advancement; ♦ Submission to or rejection of such conduct is used as the basis (or threatened to be used as the basis) for employment actions or academic decisions or evaluations; or ♦ Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile, or offensive work or learning environment. Sexual harassment can occur between or among supervisors, managers and subordinates, faculty and staff, or students, peers, vendors, subcontractors, visitors, and employees or students, and any combination thereof. The harasser is often, but not always, in a more powerful position than the person being harassed. In such situations, sexual harassment is particularly serious because it may unfairly exploit the power inherent in a supervisor’s or faculty member’s position. All forms of sexual harassment are violations of the University’s policy and will not be tolerated. Contact Persons Students may consult informally or make a complaint with the following designated contact person: Dr. James Willette Dean of Students Student Center 140 (206) 296-6066 willettj@seattleu.edu Because sexual harassment is a form of sex discrimination, it can be a violation of Title IX of the Education Amendments of 1972. In addition to the sexual harassment Contact Person listed above, the University has designated individuals responsible for coordinating the University’s Title IX compliance. Students with concerns or complaints about harassment on the basis of sex in an education program or activity may also contact the following Title IX coordinator: Andrea Herrera Katahira Assistant Vice President for Institutional Equity Chief EEO Officer, Title IX Coordinator, and ADA/504 Coordinator (206) 220-8515 katahira@seattleu.edu Individuals may also contact the Office for Civil Rights of the U.S. Department of Education. 18 Last Update: 7/17/2017 Confidentiality Those persons responsible for consulting about, investigating, and resolving complaints of sexual harassment will make efforts, to the extent possible, to protect the privacy of both the Complainant and the Respondent. Sexual Harassment Complaint Procedures for Students Any student who believes that he or she has been a victim of sexual harassment by another student or group of students and wishes to report or discuss the matter may use either a formal or informal complaint procedure. No individual shall be penalized or retaliated against in any way by a member of the University community for their participation in this complaint procedure. Informal Complaint Procedure The informal complaint procedure seeks to achieve a resolution upon which both the Complainant and the alleged harasser agree. An informal complaint may be oral or in writing. It should be brought to one of the contact persons listed above. Informal complaints may have several outcomes. The person raising the issue may only want to discuss the matter with a neutral third party to clarify whether harassment may be occurring and to determine their options, including the pursuit of more formal action. In such a situation, the contact person will give assistance and offer suggestions on how the issue might be resolved, without drawing a conclusion as to whether harassment has occurred. In other cases, the contact person may be asked to act as a mediator, to talk to the other person(s) to see whether an informal resolution of the issue can be reached. If resolution is reached by this process, no further actions will be taken, and the matter will be considered closed. The Dean of Students will keep a record of the complaint and its resolution, including the names of the involved parties. Issues not so resolved may require that further inquiries be made and/or that the University take a more active role in finding a solution to the problem. If a satisfactory resolution cannot be reached, the formal complaint procedure may be used at the option of the Complainant, the Respondent, or the University. Formal Complaint Procedure A Complainant may make a formal complaint without first using the informal complaint procedure. A formal complaint should be in writing and submitted to the Dean of Students. The formal complaint should include: the alleged harasser’s name; the times, dates, places, and circumstances surrounding the allegation of harassment; and the names of any witnesses to the incident(s). The Complainant may request assistance from a contact person in preparing a written complaint. 19 Last Update: 7/17/2017 A formal complaint can be initiated by any of the contact persons, including the Dean of Students. The President, Provost, Vice Presidents or Deans may request that the Office of the Vice President for Student Development conduct an investigation or conduct a review without a formal complaint from any one individual. After receipt of the formal complaint, the Dean of Students or their designee will review student files and will consult with the Complainant, the person against whom the complaint is made, any witnesses, and appropriate faculty, staff, and students, in an attempt to resolve the matter and/or to determine whether further investigation is warranted. A copy of the formal complaint will be provided to the individual against whom the complaint is made. A formal investigation can be terminated at any time, e.g., if a satisfactory resolution is agreed to before a written finding is made, or if an appropriate resolution is implemented. Upon completion of the investigation, the Dean of Students will determine if the complaint merits adjudication and will notify the Complainant and Respondent, if any, in writing, of the findings and recommendations. Even where prohibited harassment is not found, the Office of the Vice President for Student Development may determine that the conduct is inappropriate or otherwise violates the Code of Student Conduct. A Complainant or Respondent dissatisfied with the findings or recommendations may file a rebuttal statement with the Dean of Students for inclusion in the investigative file. In cases warranting adjudication, the Office of the Vice President for Student Development retains the right to determine whether the review will be conducted by the faculty/student review board, the peer review board, or by an administrator designated by the Vice President for Student Development. The proceedings will be conducted in accordance with the Code of Student Conduct. Section 4.6: Sexual Offenses, Domestic Violence, Dating Violence and Stalking Policy Seattle University affirms respect, responsibility, and care between all persons. Conduct constituting domestic violence, dating violence, stalking or a sexual offense whether forcible or non-forcible such as non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation or sexual assault, will not be tolerated. Behavior of this nature is inconsistent with Seattle University values, and is a violation of the Code of Student Conduct and this Sexual Offenses, Domestic Violence, Dating Violence and Stalking Policy (“Policy”). Students committing a sexual offense in any form can be prosecuted under the Washington State Criminal Code (RCW 9A) and/or disciplined under the Code of Student Conduct. Definitions “Sexual offense” is a broad term that encompasses a range of behaviors including sexual assault, as well as other forms of misconduct or violence of a sexual nature, including, without limitation, dating violence, domestic violence and stalking. A sexual offense can occur between individuals who know each other, have an established relationship, have previously engaged in consensual sexual activity, and between individuals who do not know each other. A sexual offense can be committed by persons of any sex, sexual orientation and/or gender identity or expression. 20 Last Update: 7/17/2017 “Dating Violence” is violence committed by a person (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. “Domestic Violence” is violence committed (a) by a current or former spouse or intimate partner of the victim; (b) by a person with whom the victim shares a child in common; (c) by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (d) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or (e) by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. “Stalking” is engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others; or (b) suffer substantial emotional distress. “Sexual Assault” is any sexual penetration or sexual contact with another individual without consent. What is Consent? Consent is knowing, voluntary, and clear permission, through word or action, to engage in mutually agreed upon sexual activity or contact. Silence or lack of resistance alone does not constitute consent. Consent must be ongoing, and it may be withdrawn at any time. Consent to one form of sexual activity or contact does not imply consent to others, nor does past consent imply present or future consent. Consent to engage in sexual activity or contact with one person does not imply consent to engage in sexual activity or contact with another person. Consent cannot result from the use of coercion, intimidation, force, or threats. Consent cannot be obtained from an individual who is incapable of giving consent because the person: • • • Is under the legal age to give consent (16 years of age in Washington); or Has a mental, intellectual, or physical disability; or Is otherwise incapacitated (as defined below), including through the consumption of alcohol or drugs. Incapacitation is a state in which an individual is unable to make informed, rational decisions because they lack the capacity to understand the “who, what, when, where, why or how” of a situation or interaction. Individuals cannot give consent if they cannot understand what is happening, or if they are disoriented, helpless, asleep, or unconscious for any reason. That applies even if alcohol or drugs were voluntarily consumed. 21 Last Update: 7/17/2017 Individuals who engage in sexual activity or contact who know or should have known that the other party is incapacitated are engaging in sexual misconduct. Physical indicators of incapacitation may include slurred speech, unsteady gait or stumbling, impaired coordination, unfocused or bloodshot eyes, vomiting, unresponsiveness, or, outrageous or unusual behavior. [Under Washington law, consent means that at the time of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. RCW 9A.44.010(7). For purposes of determining whether a violation of the Policy occurred, the University’s definition of consent will be used, not the state law definition.] Where Can I File A Report? Anyone who has experienced dating violence, domestic violence, stalking or a sexual offense is strongly urged to report it to University officials, local law enforcement or both. Reports to University officials may be directed to: Andrea Herrera Katahira Assistant Vice President for Institutional Equity Chief EEO Officer, Title IX Coordinator, and ADA/504 Coordinator (206) 220-8515 katahira@seattleu.edu Dr. James Willette Dean of Students Student Center 140 (206) 296-6066 willettj@seattleu.edu Department of Public Safety University Services Building 102 (206) 296-5990 (206) 296-5911 (Emergency) What Happens If I Report? When you report a sexual offense, an incident of dating violence or domestic violence, or stalking, University officials will inform you in writing of your rights, options and the resources available to you. You will receive an explanation of how to file a complaint with local law enforcement if you choose and how Public Safety can assist you with that process; the University policy and procedures for sexual offense complaints; interim actions and measures that may be available to you; and information about the importance of preserving evidence for proof of criminal sexual offenses or for obtaining a protective order. If you report to Public Safety, Public Safety will notify University officials who have a need to 22 Last Update: 7/17/2017 know, they will collect information in an impartial manner and will help to preserve relevant evidence. The steps Public Safety takes may vary depending on the circumstances and your needs. What Are Possible Interim Actions And Measures? Appropriate interim actions and measures are determined on a case-by-case basis, and may include, but are not limited to the following: issuing a no-contact order, changing classes, assigning an individual to a different lab or other clinical setting, and reorganizing housing assignments. Will My Report Be Confidential? The University will treat information it receives as part of University reporting procedures as confidential to the extent permitted. That means that only those within the University with a legitimate need to know will have knowledge of the victim’s name and what occurred. If requested by the victim and to the extent possible, the name of the individual who experienced the sexual offense, dating violence, domestic violence or stalking will not be disclosed. Any warnings required to alert the campus community to security and safety threats will not include the victim’s name. If the University decides its obligation to provide a safe and nondiscriminatory environment for all students requires it to proceed in a way that may allow the victim’s identity to be known, the University will inform any student who has requested their personally identifiable information not be revealed that it cannot ensure confidentiality. What If I’m Afraid of Retaliation? Retaliation because a person has filed a good faith complaint alleging a sexual offense, dating violence, domestic violence or stalking or participated in an investigation or other related procedure related to such a complaint is strictly prohibited. The University will respond promptly to investigate any claims of retaliation. Examples of retaliation include, but are not limited to: harassment or bullying by the accused student or the accused student’s friends or peer group; pressure on the complaining student to drop the complaint; making a negative education decision against a person who has filed a complaint; or threatening a person with physical harm or legal action. Anyone who engages in the above conduct may be found responsible for retaliation and sanctions imposed. Any person who believes he or she has been the target of retaliation may file a complaint with: Dr. James Willette Dean of Students Student Center 140 (206) 296-6066 willettj@seattleu.edu 23 Andrea Herrera Katahira Assistant Vice President for Institutional Equity Chief EEO Officer, Title IX Coordinator, and ADA/504 Coordinator Last Update: 7/17/2017 (206) 220-8515 katahira@seattleu.edu Overview of the Student Conduct Process for Sexual Offenses, Dating Violence, Domestic Violence, and Stalking Note: For information about the university’s student conduct process for all other types of incidents, see Section 5. Seattle University's Integrity Formation conduct process for sexual offense, dating violence, domestic violence and stalking complaints will be prompt and equitable. Informal Resolution is not appropriate for sexual offense, dating violence, domestic violence or stalking cases. The University will investigate and resolve all complaints of sexual offense, dating violence, domestic violence and stalking in a prompt, fair, and impartial manner. The University will provide both the Complainant and the Respondent an explanation of the procedures to be followed during the course of the conduct process. The procedures will follow those that are set forth in the Redhawk Commitment and Code of Conduct, but to the extent that anything set out in those sections is inconsistent with this Policy, the procedures set out in the Policy shall apply. These procedures include: I. Investigation and Conduct Process For complaints against students under the Policy, the Assistant Vice President for Institutional Equity and Dean of Students, in consultation with appropriate University officials, will review the complaint and appoint an internal or external investigator or investigative team (the “Investigator”) to conduct a prompt and fair investigation of the complaint. a. Investigation The Investigator will conduct the investigation based upon the facts and circumstances reported to the University and developed through the course of the investigation. The investigation will include one or more interviews with the Complainant, Respondent and witnesses. The investigation will also include the gathering and review of any physical, documentary, or other relevant and available evidence. As part of the investigation, the Investigator will provide an opportunity for all parties to present written statements, identify witnesses and submit evidence. Prior to the conclusion of the investigation, the Complainant and Respondent will be given the opportunity to respond to a summary of the information developed through the investigation. b. 24 Standard of Proof Last Update: 7/17/2017 The determination as to whether the Respondent is responsible for violating the Policy will be made using the preponderance of the evidence standard. This standard requires that the information supporting a determination of responsibility be more convincing than the information in opposition to it. Under this standard, determinations of responsibility are based upon what is more likely than not to have occurred. c. Investigation Findings and Outcome Notification d. Time Frame At the conclusion of an investigation, the Investigator will submit a written investigation report, including a summary of the investigation, the Investigator's findings of fact, and a summary of the Investigator's rationale in support of the findings of fact, to the Dean of Students or designee, and Assistant Vice President for Institutional Equity or designee. Upon the approval of the investigation report and findings of fact, the Dean of Students or designee, in consultation with appropriate University officials, will determine responsibility for violations of the Policy and the appropriate sanctions if there is a determination of responsibility. Both parties will be notified in writing of the outcome of the investigation, any sanctions and how to file an appeal. The University will resolve all complaints and reports under the Policy in a prompt manner, endeavoring to do so within sixty (60) calendar days of the initial report. Extenuating circumstances may arise that require an extension beyond 60 days. Extenuating circumstances may include, but are not limited to, the complexity and scope of the allegations and investigation, the number of witnesses involved, the availability of the parties or witnesses, the effect of a current criminal investigation, any intervening University break or holiday, or other unforeseen circumstances. In the event that the process departs the 60-day time frame, the University will notify the Complainant and Respondent of the reason(s) for the departure and the expected adjustment in the time frame. e. Coordination with Law Enforcement The University’s conduct process and the legal system work independently from one another. The University will proceed with responding to and investigating complaints under the Policy regardless of action or inaction by law enforcement agencies. If a law enforcement agency initiates an investigation, the University may temporarily delay its investigation and conduct process at the request of the agency in order to facilitate its initial evidence gathering. In the event that there is a delay in the investigation and conduct process, the University will notify the Complainant and Respondent. Decisions made or sanctions imposed under the Policy and Grievance Procedures are not subject to change because of the outcome of any criminal or civil case arising from the same conduct. 25 Last Update: 7/17/2017 f. Advisors The Complainant and Respondent are both permitted to be accompanied by one advisor of their choice at any meeting during the investigation and conduct process. The advisor may not actively participate in the investigation or conduct process. The advisor may not submit documents, nor speak or ask questions, either directly or indirectly, on a party’s behalf at any stage of the process. If the Investigator determines that the advisor is disruptive, the University may dismiss the advisor for the meeting. In addition, in keeping with the University’s commitment to resolve all complaints and reports under the Policy in a prompt manner, the University reserves the right to proceed with the process regardless of the availability of a party’s chosen advisor. II. Sanctions If a Respondent is found to have violated this Policy, the University will determine appropriate sanctions. Sanctions will be designed to end the conduct, prevent its recurrence, and remedy its effects on the Complainant and the University community. Not all violations of the Policy will be deemed equally serious offenses and the University may impose different sanctions depending on the facts and circumstances. Possible sanctions include, but are not limited to, the following: educational activities; loss of privileges; disciplinary warning; disciplinary probation; residence hall suspension; suspension; dismissal from the University; revocation of a degree; and withholding a degree. III. Appeals Both the Complainant and Respondent have a limited right to appeal the determination of whether or not a Policy violated occurred and any sanctions imposed. A written appeal must be submitted to the trained University official identified in the notification of outcome to hear the appeal (the “Appeals Officer”) within three (3) calendar days of receiving the written notice of the outcome of the investigation. The appeals should consist of a plain, concise and complete written statement outlining the grounds for the appeal. a. Grounds for Appeal Appeals will only be accepted on one or more of the following grounds: • • 26 Significant Procedural Error: A procedural error occurred that significantly impacted the determination. A description of the error and its impact on the determination must be included in the written appeal; or New Information: New information has been discovered that was not available or known to the appealing party during the investigation and the new information could substantially impact the determination; or Last Update: 7/17/2017 • • Substantially Disproportionate Sanctions: The sanctions imposed were substantially disproportionate to the violation; or Abuse of Discretion: There was a clear abuse of discretion on the part of the Investigator. Dissatisfaction with a determination is not grounds for appeal. Non-participation in the investigation and conduct process is not considered new information and grounds for appeal. b. Review of Appeals Upon receipt of an appeal, the Appeals Officer will provide the other party an opportunity to respond in writing to the appeal. Any response to the appeal must be submitted to the Appeals Officer within three (3) calendar days from receipt of the appeal. The Appeals Officer will conduct an impartial review of the appeal. The determination and sanction are presumed to have been decided reasonably and appropriately. The appeal is not a new review of the underlying case. The Appeals Officer will consider the merits of an appeal only the basis of the three (3) grounds for appeal. The Appeal Officers will review the appeal statement, the other party’s response, the investigation report, findings, evidence, determination and sanctions. The Appeals Officer may also discuss the case with the Investigator and other individuals involved in the investigation and grievance process. Upon conclusion of the review of the appeal, the Appeals Officer will uphold the original determination, alter the determination, send the case back to the Investigator with instructions, affirm the sanctions imposed and/or alter the sanctions. The Appeals Officer will communicate the outcome of the appeal to both parties simultaneously in writing within fifteen (15) calendar days from the date of submission of all appeal documents by both parties. Extenuating circumstances may arise that require an extension beyond 15 days. In the event that the process departs this time frame, the Appeal Officer will notify both parties of the reason(s) for the departure and the expected adjustment in the time frame. What other actions will the University take to prevent sexual offenses, dating violence, domestic violence and stalking? The University will have education programs for incoming students and new employees plus ongoing campaigns for student and faculty designed to promote awareness and prevention of dating violence, domestic violence, sexual offenses and stalking. Those programs will provide information about the following: the University’s prohibition of sexual offenses, dating violence, domestic violence and stalking; how to file criminal complaints; relevant definitions used in the criminal process, including the definition of consent; safe and positive options for bystander intervention whenever there is a risk that a sexual offense, dating violence, domestic violence or stalking will occur; risk reduction and strategies to avoid potential attacks; and warning signs of abusive behavior. 27 Last Update: 7/17/2017 The University will also provide information about the following: disciplinary procedures and sanctions, including protective measures it may impose; procedures for survivors to follow; how the University will protect a survivor’s confidentiality including when a crime might be reported if a victim is unwilling or unable to make a report; services available both on and off campus for survivors; and options and assistance in providing accommodations to survivors, regardless of whether a report is filed with campus or local law enforcement. Resources for Survivors and Students Accused On-Campus Resources Seattle University Department of Public Safety University Services Building 102 206-296-5911 (24 hr. emergency) 206-296-5990 (24 hr. non-emergency) 206-296-5992 (business) Department of Public Safety personnel are available to provide support services to all survivors of a sexual offense, incidents of relationship violence, and stalking. The department has trained staff available 24 hours a day 7 days a week to provide resource information (on and off-campus), reporting options available both through the University Conduct System and local law enforcement, medical care options, basic safety planning and information on current civil orders for protection. Counseling and Psychological Services (CAPS) Student Center Pavilion 120 206-296-6090 Office Hours (By Appointment) Mon. - Fri. 8am - 12pm & 1pm – 4:30pm Urgent Care Walk-In Hours (For Students in Immediate Crisis) Mon. - Fri. 10am - 11am & 3pm - 4pm CAPS counselors provide supportive counseling and consultation for individuals coping with the impact of sexual assault, stalking, and relationship violence as well as students accused of sexual misconduct. Counseling sessions are a safe, accepting and confidential place for survivors to work through any stage of the healing process. Counselors can also assist survivors and students accused of sexual misconduct with identifying on-campus and off-campus resources. Student Health Center Bellarmine Hall 107 206-296-6300 28 Last Update: 7/17/2017 Academic Year Hours Mon. – Fri. 7am – 5pm Summer Hours Mon. –Thu. 8:30am - 4:30pm Fri. 8:30am - 3pm Closed daily 12:30pm - 1:15pm for lunch The Student Health Center is a confidential medical clinic available to all Seattle University students. An appointment is required, and communicating the need for urgency in the event of sexual misconduct will allow for the soonest possible appointment. The Student Health Center can provide a medical examination as well as STD and pregnancy testing. Wellness and Health Promotion Student Center 380 206-296-2593 Wellness and Health Promotion provides sexual misconduct prevention education on campus and staff members are familiar with information and resources. Additionally, the office is home to certified peer health educators known as the Health and Wellness Crew (HAWC) who serve as a great resource for a student looking to speak with another student about a sexual misconduct. Campus Ministry Student Center 120 206-296-6075 Campus Ministry is a place where students can confidentiality talk to a priest, member of the clergy, or campus minister who is serving as a pastoral counselor. People of all faith traditions and spiritual practices are welcome. Office of the Dean of Students: Integrity Formation Student Center 320 206-296-6060 Integrity Formation, located in the Office of the Dean of Students, manages alleged violations of the Redhawk Commitment and Code of Student Conduct. Students who become aware of a sexual offense, incident of dating violence or domestic violence, or stalking, or may have been involved in a sexual offense, incident of dating violence or domestic violence, or stalking can come to this office to receive information about the campus student conduct process as well as immediate resources such as course changes, no-contact orders, or housing relocation. 29 Last Update: 7/17/2017 Housing and Residence Life Campion 100 206-296-6305 Housing and Residence Life offers 24-hour/day assistance to students. Area Coordinators and Assistant Area Coordinators are available during posted office hours as well as serving in an oncall capacity outside of the University’s normal hours of operation. If a student is unable to locate their building’s RD or ARD, a quick call to the main office will quickly reach another support person. Late at night, the on-call professional staff member may be reached by calling Public Safety. Housing and Residence Life’s main goal is to provide support, safety, and appropriate resources. Seattle Police Call 911 Off Campus Resources Harborview Center for Sexual Assault & Traumatic Stress 401 Broadway, Seattle, WA 98104 (206) 744-1600 The Center for Sexual Assault & Traumatic Stress provides the highest quality, evidenced based services to help persons impacted by sexual assault and other traumatic events. In addition to direct services, the Center also provides education and consultation for health, mental health, and legal professionals; conducts research and evaluation; promotes prevention and works with communities to promote social change. Local Emergency Rooms Swedish Medical Center-Cherry Hill 500 17th Avenue (between Cherry and Jefferson) (206) 320-2000 Swedish Medical Center-First Hill 700 Minor Ave (between Cherry and Marion) (206) 386-6000 Harborview Medical Center 325 9th Avenue (at Jefferson) (206) 744-300 30 Last Update: 7/17/2017 Hotlines King County Sexual Assault Resource Center 1-888-99-VOICE (24 hr.) KCSARC is a victim-advocacy organization that provides critical support, tools, and direct services to children, teens, women and men who are victims of sexual assault. KCSARC works with clients of all ages and from all backgrounds. National Sexual Assault Hotline 1-800-656-HOPE (24 hr.) Online Hotline In partnership with 1,100 rape crisis centers across the nation this hotline, provides free, confidential advice 24/7. National Domestic Abuse Hotline 800-799-SAFE (24 hr.) The Hotline is free, confidential, and anonymous. It operates in more than 170 different languages through interpreter services, with a TTY line available for the Deaf, Deaf-Blind and Hard of Hearing. Crisis Clinic 1-866-4CRISIS (24 hr.) The 24-Hour Crisis Line provides immediate help to individuals, families and friends of people in emotional crisis. We can help you determine if you or your loved one needs professional consultation and we can link you to the appropriate services. Section 4.7: Hazing Policy No student or student organization at Seattle University may conspire to engage in hazing or participate in the hazing of another. This policy applies to all University-sponsored student organizations, to their individual members, and to others attending the University; and complies with the state law prohibiting hazing at colleges and universities (RCW 28B.10.900). Hazing includes any activity expected of someone joining a group (or maintaining full status in a group) that causes or is likely to cause a risk of mental, emotional and/or physical harm, regardless of the person's willingness to participate. Hazing activities may include but are not limited to the following: Abuse of alcohol during new member activities; striking another person whether by use of any object or one's body; creation of excessive fatigue; physical and/or psychological shock; morally degrading or humiliating games or activities that create a risk of bodily, emotional, or mental harm and may result in criminal prosecution. 31 Last Update: 7/17/2017 Washington state law (RCW 28B.10.901) also provides sanctions for hazing. (a) Any person who violates this rule, in addition to other sanctions that may be imposed, shall forfeit any entitlement to state-funded grants, scholarships, or awards for a period of time determined by the university. (b) Any organization, association, or group that knowingly permits hazing by its members or others subject to its direction or control shall be deprived of any official recognition or approval granted by the university. Section 4.8: Freedom of Expression The university recognizes that the right to freely express oneself and the right to have access to divergent viewpoints are fundamental to an academic community. However, when the exercise of these rights impinges upon the exercise of other important rights, the conflicting interests must be balanced. Demonstrations Seattle University recognizes the right of students and other members of the university community to express their views by peaceful protest against actions and opinions with which they disagree. The university also stresses a concurrent obligation to maintain a campus atmosphere conducive to academic work, to preserve the dignity and seriousness of university ceremonies and public exercises, and to respect the rights of all individuals. The following regulations are intended to reconcile these objectives. Those organizing demonstrations must meet with a Center for Student Involvement designee prior to the event (preferably 48 hours or as far in advance as possible). This meeting will allow for event planning, space or facility reservations, and coordination with the Department of Public Safety. Campus demonstrations may be conducted only when such demonstrations: • • • • Are conducted in such a manner as to respect the rights and welfare of others; Do not interfere with automobile or pedestrian traffic; Do not actively disrupt scheduled class meetings, teaching, administration, or disciplinary procedures and/or other university functions or authorized activities, and; Do not interfere with the rights of others to demonstrate. The University retains the right to control the use of all University property at any time and for any reason. Political Campaign Activities As a 501(c)(3) tax-exempt organization, Seattle University is prohibited from participating or 32 Last Update: 7/17/2017 intervening in any political campaign on behalf of, or in opposition to, any candidate for public office. There are no exceptions to this prohibition. Even an insubstantial violation may lead to monetary fines and exposes the University to the possibility of revocation of its tax-exempt status. Nevertheless, Seattle University encourages its students to engage in civic activity, including participation in the political process. To permit the most robust discourse during political campaigns, while at the same time ensuring Seattle University’s compliance with the restrictions placed on the University as a tax-exempt organization, the University offers the following student guidelines. Students should observe the following with respect to their participation in national, state or local political campaign activities: Prohibited Political Activities Students are prohibited from engaging in the following political activities: • Using University letterhead, logos or postage to send mail supporting or opposing a ballot initiative or candidate running for elected office. • Using a University copy machine to copy materials supporting or opposing a ballot initiative or candidate. However, use of pay-per-use services, such as SUperCopy may be used as long as University funds are not used. • Conducting a political campaign from a University office or other University facility, or otherwise using University resources, such as a University-provided telephone, computer or e-mail address to conduct such a political campaign. On-Campus Appearances by Political Candidates As part of its educational mission, the University welcomes political candidates to campus to represent a diverse range of views. On-campus political forums or debates are permitted as part of the University’s educational mission, provided that all the registered candidates are invited to participate in the event and the event does not favor or endorse any particular candidate. No campaign rallies, campaign banners, campaign literature or button distribution or fund-raising are allowed. • A disclaimer must be included in all written materials and advertising and announced at the beginning of the event: “Seattle University does not support or oppose any political candidates. The views expressed are those of [the candidate or other partisan political speaker] only. The [Seattle University-related group] is sponsoring this event.” • In addition, political candidates are permitted to appear on-campus in a non-campaign capacity as long as the event is sponsored by a University department or an officially recognized organization. The event must adhere to the following guidelines: o The political candidate is invited to speak for reasons other than their candidacy for public office. o The political candidate speaks in a non-candidate capacity. o The event maintains a non-partisan atmosphere and prohibits campaigning or fundraising. 33 Last Update: 7/17/2017 • • o The University department or organization takes care to avoid the appearance of institutional endorsement for a particular candidate. The event is open to the entire University community, regardless of political affiliation. The event is not organized or run by the candidate, their representatives or any outside organization. Students who wish to invite a political candidate to campus should first contact the Office of the Executive Vice President at (206) 296-6160. Student Publications Student publications may run editorials expressing the editor’s views on candidates for public office, provided that the publication’s editorial policy is free of editorial control by University administrators or faculty advisors. A statement on the editorial page must indicate that the views expressed are those of the student editors and not those of the University. Advertising in University Publications University publications may accept paid political advertising as long as it is accepted on the same basis as other non-political advertising and not attributed to the University’s own views. The publication should identify the advertisement as paid political advertising and state the University does not endorse the candidate. The University must make advertising space available to all candidates on an equal basis. These guidelines do not address every situation. Questions about permitted and prohibited political activities should be directed to the Office of University Counsel at (206) 296-2043. Speakers Policy The university encourages the presence of speakers on campus representing a broad range of viewpoints, including those whose views may not agree with the stated aims of the university. Invitations are commonly extended by faculty, administrators, or student organizations. In the case of controversial speakers, the university reserves the right to make the final decision on who will speak on campus and whether or not security must be provided at the sponsor’s expense. Responsibility for the conduct of lecturers on campus rests with the groups or individual sponsoring the speaker. This responsibility includes the provision of an opportunity for questions and comments from those in attendance. Student Media In the area of institutional publications, whether under student or non-student editorship, the university properly reserves to itself final authority in matters of policy, practice, and content because the university, as publisher, is legally responsible for the content and conduct of all its publications. To deny or minimize this obligation would not only compromise the educational 34 Last Update: 7/17/2017 ideals to which the university is dedicated, but it would also imply a violation of the public trust symbolized in the university charter. The university believes, however, that its own obligation can be best fulfilled, and its educational goals best achieved, in an atmosphere of freedom and responsibility for all members of the university in the search for truth and in the expression of personal opinion. The university also believes that student media, especially the student newspaper, make a valuable contribution to establishing and maintaining this atmosphere on campus. While such a policy will always involve the risk this freedom may be abused and the university, or one of its publics, may be embarrassed or find its sensibilities offended, nevertheless, this risk is viewed as a necessary concomitant of the broad educational purposes to which every university should be dedicated. Each student publication has a faculty or professional adviser appointed by the university president whose primary duty is to counsel the student editors regarding technical, ethical, and managerial aspects of composition and publication. The Vice President for Student Development is responsible for appointing the executive student editor for each publication. This editor, in consultation with the adviser, makes provision for the appointment of all other staff members. Section 4.9: Posting Policy Signs, notices, flyers, banners, and announcements may be placed only on authorized bulletin boards, campus kiosks and other specified locations. They may not be posted on cars, trees, walls, doors, or glass surfaces. All publicity to be distributed or displayed in most buildings on campus must be approved and stamped at the Redhawk Resource Hub Desk (Student Center Lobby). Publicity intended for residence halls must be approved and stamped by the Housing and Residence Life Office (Campion, Room 100). Publicity for off-campus groups hosting events on campus must be approved by the Conference & Event Services Office (1313 Columbia Building). Items not displaying the official stamp will be removed. Signs must contain the name of the sponsoring organization, which is responsible for their posting and removal. If the material is in a foreign language, an English translation must be supplied. Flyers are limited to 11 inches x 17 inches and banners are limited to 6 feet wide by 14 feet long. Flyers are limited to one per bulletin board and banners are limited to one banner per event. A complete set of guidelines and posting locations are available at the Redhawk Resource Hub Desk. Section 4.10: Solicitation Policy Because of its charitable status, the University is exempt from Washington State property tax and from federal income tax. To protect its tax-exempt status, the University prohibits solicitation of its students and the distribution of literature on campus by outsiders. Only the Office of the Vice President for Student Development may grant an exception to this policy. In addition, the University prohibits students from using University property, buildings, or facilities in connection 35 Last Update: 7/17/2017 with any non-University business venture, unless the activity connected to the venture is part of an approved academic course. Questions about this policy should be addressed to the Vice President for Student Development or the University Counsel. Section 4.11: Computer Acceptable Use Policy All computing resources provided by the university are intended to further the mission of the university. Equipment, supplies, bandwidth, and accounts are to be used for university-related work. You are responsible for taking care of all equipment provided by the university and not consuming more than your fair share. All users should be respectful of other users’ privacy and needs. All computing resources must be used in an ethical and responsible manner. You are responsible for reading and complying with the “Computer Acceptable Use Policy.” A complete copy of the Seattle University Computer Acceptable Use Policy is available on the Information Technology Services website. Section 4.12: Students Use of Copyrighted Materials The U.S. Constitution and federal copyright laws protect original works of authorship that have been fixed in a tangible medium. Copyrightable works include literary works (e.g., books, poems, and essays), architectural works, musical works, dramatic works (e.g., plays, dance, and comedy routines) games, movies, videos, photographs, and all kinds of digital works (e.g., computer programs, web pages and Java applets). Copyright protection is automatic from the moment the work is created. A copyright gives the owner of the copyright exclusive rights to: • • • • • Reproduce the copyrighted work Prepare derivative works from the copyrighted work Distribute copies of the copyrighted work to the public for sale, rental, or loan Perform the copyrighted work publicly Display the copyrighted work publicly With certain limitations, it is illegal for anyone to infringe on any of the exclusive rights of the owner of the copyright. Here are common examples of ways in which students can infringe on copyrighted works: • • • • Copying a music file from a friend Downloading an unauthorized commercial motion picture video from the Internet Re-posting copyrighted photographs downloaded from the Internet Making copies of a required course pack for one or more classmates (with or without getting paid for the copies) Section 4.13: Ownership and Use of Seattle University Trademarks Seattle University Trademarks and service marks, and other names, seals, logos, and symbols that are representative of Seattle University, may be used only with written approval of Seattle University. The university graphic identity is copyrighted and may not be used on publications or 36 Last Update: 7/17/2017 products originating outside of Seattle University without express written permissions of the Assistant Vice President of Marketing and Communications, at (206) 296-6109. Custom items imprinted with the university’s trademarks (e.g., t-shirts, ink pens, and coffee mugs) are available for purchase exclusively through the University Bookstore to ensure proper treatment of the University’s trademarks and to protect against the sourcing of products manufactured in sweatshops. The University Bookstore has approved vendor lists, price lists and samples from which to choose. Please contact the University Bookstore for more information at (206) 296-5822. Section 4.14: Copyright Copyright laws protect original works of authorship and give copyright holders the exclusive right to: (a) copy; (b) distribute; (c) publish; (d) prepare derivatives or revisions of; (e) perform; or (f) display works in public. Each student is responsible for complying with applicable copyright laws and with the University’s Copyright Policy and Guidelines. Violation of copyright laws may result in civil or criminal liability, and violation of the University’s Copyright Policy may result in disciplinary action, including dismissal. To review the University’s Copyright Policy may result in disciplinary action, including dismissal. To review the University’s Copyright Policy and Guidelines, and to view general copyright information, please see www.seattleu.edu/policies/copyright.asp. Millennium Copyright Act In 1998 Congress passed the Digital Millennium Copyright Act (“DMCA”) in an attempt to address the use of copyrighted materials through the Internet.. The DMCA enhances the range of activities that constitute prohibited copying, distribution, public display, or public performance of copyrighted materials over the Internet without the permission of the copyright holder. The fair use doctrine (described below) and certain statutory exceptions provide a defense to an infringement claim under the DMCA, and students are urged to become familiar with the Act and Seattle University’s DMCA Policy, which can be found at www.seattleu.edu/it/policies/dmcapolicy.asp The DMCA tries to balance the interests of internet service providers (ISPs) and copyright owners when copyright infringement occurs in the digital environment. Seattle University is an ISP under the DMCA. The law protects an ISP from liability for copyright infringement by its users, if the ISP takes certain steps when it receives notice that infringing material resides on its network. The DMCA provides a complete defense to the ISP but only procedural protections to users of its system who infringe copyright. Fair Use “Fair use” is the term used to describe a good faith defense to a claim of copyright infringement. The fair use defense is codified in Section 107 of the federal Copyright Law (17 USC §101). 37 Last Update: 7/17/2017 Although the fair use doctrine is well established in copyright law, application of the defense to a specific situation often requires careful analysis. Fair use covers the use of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship and research. In determining whether the use made of a work is fair use, the law requires consideration of the following four factors: • • • • The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes; The nature of the copyrighted work [the more creative the work, the greater the protection]; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and The effect of the use on the potential market for or value of the copyrighted work. Helpful Resources on Copyright Law Fortunately, there are many helpful resources students can turn to for guidance with copyright questions. Here is a partial list of websites with excellent information targeted to the educational community: • • DMCA Information – Harvard University: http://dmca.harvard.edu/faq Copyright Basics – Purdue University: https://www.lib.purdue.edu/uco/CopyrightBasics/ Section 4.15: Off-Campus Religious Organizations Policy Off-campus religious organizations wishing to use bulletin boards, and/or campus facilities for prayer or meeting space need to contact the director of Campus Ministry, Student Center, room 120 at 296-6075. Approved outside organizations need to abide by policies and procedures of the institution, including a respect for other religious traditions, explicit identification of the organization and its purposes, exercise no pressure on campus members to participate in the organization’s activities, and conduct no solicitation of members. A full copy of the policy is available in Campus Ministry and in the office of the Vice President for Mission and Ministry. Section 4.16: Confiscation Policy Certain items are prohibited on Seattle University property because of health, fire, or safety reasons; city, state, or federal law; or University policy. When these items are discovered by University personnel, they have the authority to confiscate these items. Items prohibited by University policy for health, fire, or safety reasons may be returned to the owner at the end of the academic quarter provided that the item be removed from campus immediately and not returned 38 Last Update: 7/17/2017 to the premises. Certain items (such as controlled substances and drug paraphernalia) will not be returned. Firearms with appropriate permits and licensing will be turned in to the Seattle Police Department for retrieval immediately. Any confiscated item not claimed by the owner by the end of the academic quarter in which the item was seized will be disposed of without notification. When possible and appropriate, items will be donated to a local charity. Section 4.17: Smoking and Tobacco Free Campus Policy To comply with the Washington State Indoor Clean Air Act and fire codes that apply to the university, and to promote a safe and healthy educational and work environment for students, faculty, staff, and visitors, Seattle University has adopted a tobacco and smoke free campus policy. The use or sale of tobacco products is prohibited on and within all Seattle University owned, leased, or managed property and at university sponsored off-campus events. Products approved by the Food and Drug Administration for the uses of mitigation, treatment, or prevention of disease are permitted under this policy. “Tobacco Products” refers to cigarettes, cigars, pipes, all forms of smokeless tobacco, clove cigarettes and any other smoking devices that use tobacco (e.g. hookahs), and nicotine delivery devices that simulate the use of tobacco (e.g. electronic cigarettes, vaping). “Products approved by the Food and Drug Administration” refers to nicotine-containing products approved by the FDA for tobacco cessation therapy, such as gums, patches, lozenges, etc. Section 4.18: Distribution of Contraceptives/Contraceptive Devices Policy As a Jesuit Catholic institution, Seattle University prohibits the distribution of contraceptives/contraceptive devices in any form on Seattle University owned, leased, and/or managed property and at University-sponsored events. Seattle University respects the personal decisions individuals and their healthcare providers may make regarding contraceptives/contraceptive devices and in no way prohibits their possession or use. Section 4.19: Animals On-Campus Policy The University recognizes the important role animals can play in the lives of employees and students. At the same time, certain animals are not suitable companions to bring on campus, and there are people who have fears or allergies associated with certain animals. Therefore, no animals, with the exception of service dogs and animals being used for instructional purposes are allowed in campus buildings during hours of instruction or normal business operations. Any exceptions to this policy must be approved by the vice president/provost responsible for the operational area where a person seeks to have an animal inside campus buildings. 1. Definitions For the purposes of the policy, the following definitions apply: 39 Last Update: 7/17/2017 1.1 Dog owner - anyone who brings a dog to campus. 1.2 Dog - a domesticated dog. 1.3 Service dog - any guide dog, signal dog, or other dog individually trained to provide assistance to an individual with a disability (as defined by applicable laws and regulations). 1.4 Demonstration animal - an animal used by faculty members for teaching purposes (procedures governing the use of lab animals on University property are addressed by the Animal Usage Committee or other appropriate offices and committees). 2. Animals on Campus and in Work Areas No animal other than a dog, a service dog, or a demonstration animal may be on university property at any time. No dogs, except service dogs, are permitted in classroom buildings during hours of instruction or normal business operations. If a vice president/provost has approved the presence of a dog in a work area during hours of instruction or normal business operations, the dog owner must post a sign in the office area stating that a dog is present. At no time are dogs permitted in food service areas such as the Sidebar, the Bottom Line, or the Cherry Street Market. Employees are permitted to have in their work area fish in aquariums holding 10 gallons of water or less. 3. Animals in Residence Halls The University’s Student Handbook, Guide to Residence Hall Living, and related residence life policies govern the presence of animals in University housing. 4. Areas of Campus Where and When Dogs and Demonstration Animals Are Allowed Without Prior Approval For the purposes of the policy, the following definitions apply: 4.1 Service dogs are authorized throughout campus at all times. 4.2 Dogs are allowed outdoors on the University's property at all times, subject to the requirements of Section 5. 4.3 Dogs are allowed in work areas or campus buildings at times other than hours of instruction or normal business operations, subject to the requirements of Section 5. 4.4 Faculty members may take demonstration animals into classrooms and instructional facilities only for teaching purposes. 5. Dog Owner’s Responsibilities Whenever a dog is on the University's campus in accordance with this policy, the dog must be kept on a leash or under voice control at all times. The dog owner is responsible for caring for the dog, ensuring the safe and responsible behavior of the dog, and preventing the dog from chasing squirrels, birds, or other wildlife on campus. The dog owner is also responsible for cleaning up all messes the dog may make, including properly disposing of waste the dog leaves in outdoor areas of campus, (this does not apply to service dogs and their owners). 40 Last Update: 7/17/2017 6. Complaint Resolution When a concern is raised about an animal on campus, employees and students are encouraged to inform the person with the animal about university policy. If a concern is not resolved, employees should consult their immediate supervisor or Human Resources, and students should consult Student Development. Human Resources and Student Development have the authority to make final determinations about individual cases. 7. Information and Questions Questions about this policy should be directed to Human Resources at ext. 5870. Questions about animals in university housing should be directed to Residence Life and Housing at ext. 6305. Students with questions about animals in other campus buildings should contact Student Development at ext. 6066. Questions about proper cleanup of indoor dog messes should be directed to Campus Support Services at ext. 2639. SECTION 5: UNIVERSITY STUDENT CONDUCT SYSTEM Seattle University has adopted policies, rules, and procedures to maintain the University’s educational mission and to preserve the integrity of the educational community. Students are expected to exercise responsibility and to show appropriate regard for the Catholic and Jesuit traditions and mission of the University. The University’s relationship is with the student. The University student conduct system, also referred to as Integrity Formation, is designed as a process that is educational, developmental, and restorative. Disciplinary sanctions are imposed to help students develop individual responsibility, to encourage self-discipline, to foster respect for the rights of others, and to protect the rights, freedoms, and safety of members of the campus community. The purposes of the student conduct process are: • • • • • • Provide a prompt, fair, and equitable process for the accountability of student conduct; Educate students about their rights and responsibilities; Encourage the safety, health, and wellness of the campus community; Promote the development of individual integrity; Uphold the non-academic rules and regulations of the University; Guide students toward achieving their academic, personal, and professional goals. Students are responsible for their participation in the University conduct process, and students are expected to cooperate with the University throughout the entire conduct process. The Office of the Dean of Students sends official communications regarding student conduct matters exclusively to students’ Seattle University email accounts. Students are expected to regularly check their Seattle University email in order ensure prompt receipt of any official and time-sensitive communications. Hearings are confidential, generally non-adversarial, and are not to be considered analogous to court proceedings. The student is to appear and to communicate on their own behalf. University 41 Last Update: 7/17/2017 staff will not interact with legal counsel representing a student. University staff will interact only with the student and their parent/guardian to the degree that it is appropriate and permissible under the Family Educational Righ...
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