Policies

Title IX Policy for Complaints of Sexual Assault and Other Forms of Sexual Harassment

Notice of Nondiscrimination Under Title IX

The University of Arkansas - Fort Smith does not discriminate on the basis of sex in the education programs and activities that it operates and is prohibited from doing so by Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and the U.S. Department of Education’s implementing regulations, 34 CFR Part 106. The university’s nondiscrimination policy extends to admission, employment, and other programs and activities. Inquiries regarding the application of Title IX and 34 C.F.R. Part 106 may be sent to the University’s Title IX Coordinator, the U.S. Department of Education Assistant Secretary for Civil Rights, or both.

Jurisdiction and Scope

Sexual harassment as defined in this policy (including sexual assault) is a form of sex discrimination and is prohibited. Title IX requires the university to promptly and reasonably respond to sexual harassment in the university’s education programs and activities, provided that the harassment was perpetrated against a person in the United States. At the time that a formal complaint is filed, the complainant must be participating in (or attempting to participate in) an education program or activity of the university. An education program or activity includes locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.

This policy applies to allegations and complaints of sexual harassment as defined herein. All other complaints of discrimination or misconduct that do not fall within the jurisdiction of Title IX may be addressed through other campus procedures.

This policy shall not be construed or applied to restrict academic freedom at the university. Further, it shall not be construed to restrict any rights protected under the First Amendment, the Due Process Clause, or any other constitutional provisions. This policy also does not limit an employee’s rights under Title VII of the Civil Rights Act.

Reporting

All complaints or reports about sex discrimination (including sexual harassment) should be submitted to the Title IX coordinator or a deputy coordinator:

Title IX Coordinator
Lee Krehbiel
Campus Center, Room 201-A
479-788-7310
lee.krehbiel@uafs.edu

Title IX Deputy Coordinator for Students
Kathryn Janz
Campus Center, Room 230
479-788-7413
kathryn.janz@uafs.edu

Title IX Deputy Coordinator for Employees, Visitors, and Associates
Brittany Slamons
Fullerton Administration, Room 235
479-788-7084
brittany.slamons@uafs.edu

Title IX Deputy Coordinator for Athletics
Katie Beineke
Stubblefield Center, Room 147
479-788-7687
katie.beineke@uafs.edu

In addition, the U.S. Department of Education, Office of Civil Rights, may be contacted by phone at 800-421-3481 or by email at ocr@ed.gov.

Any person may report sex discrimination, including sexual harassment (whether or not the person is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed above, or by any other means that results in the Title IX coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address (TitleIX@uafs.edu), or by mail to the office address, listed for the Title IX coordinator.

Amnesty

The university encourages reporting of incidents of prohibited conduct and seeks to remove any barriers to reporting. The university recognizes that an individual who has been drinking or using drugs at the time of an incident may be hesitant to make a report because of potential consequences for their own conduct. Individuals who report prohibited conduct or participate as witnesses will not be subject to disciplinary sanctions for personal consumption of alcohol and/or other substances.

The university may initiate an educational discussion with individuals about their alcohol and/or drug use or may direct these individuals to services such as counseling for alcohol and/or drug use. Amnesty will not be extended for any violations of university policy other than alcohol/drug use. The use of alcohol, drugs, and/or legally prescribed medication does not justify or excuse behavior that constitutes prohibited conduct under this policy.

Filing Report with Local Law Enforcement

In some instances sexual harassment may constitute both a violation of this policy and criminal activity. The university grievance process is not a substitute for instituting legal action. The university encourages individuals to report alleged sexual misconduct promptly to campus officials AND to law enforcement authorities, where appropriate. Individuals may file a report directly with local law enforcement agencies by dialing 911. Individuals may also contact any of the following for assistance in filing a report with local law enforcement:

UAFS Police Department
51st Annex - Room 100
Fort Smith, AR 72913
479-788-7140

Fort Smith Police Department
100 S. 10th St.
Fort Smith, AR 72901
479-782-9131

Preserving Evidence

It is important that evidence of sexual assault be preserved, because it may be needed for prosecuting a criminal case. Victims and others should not alter the scene of an attack. The victim should not change clothes, bathe or shower, drink or eat anything, or brush their teeth before reporting the assault. Any items worn by the victim during the assault, but are not currently being worn, and any materials encountered during the assault (i.e., bed sheets, blankets, etc.) should be placed in a paper bag and brought along with the victim to a local hospital emergency department that has kits to collect and preserve evidence of sexual assault.

Employees’ Duty to Report to Title IX Coordinator

In order to enable the university to respond effectively and to proactively stop instances of sexual harassment, employees must, within 24 hours of receiving information regarding a potential violation of this policy, report information to the Title IX coordinator. Any employee who fails to promptly report a matter to the Title IX coordinator may be subjected to disciplinary action for failing to do so. There are two categories of employees who are exempt from this requirement: (1) licensed healthcare professionals and other employees who are statutorily prohibited from reporting such information and (2) persons designated by the campus as victim advocates.

Off-Campus Conduct

Conduct that occurs off campus that is the subject of a formal complaint or report will be evaluated to determine whether the matter falls within the university’s jurisdiction under Title IX or should be referred to a different department or official within the university.

Confidentiality

Except as compelled by law or as required to conduct a full and fair grievance proceeding in response to a formal complaint, the university will treat the information obtained or produced as part of the Title IX procedures as confidential. The university will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetuator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. § 1232g, or FERPA regulations, 34 CFR Part 99, or as required by law, or to carry out the purposes of 34 CFR Part 106, including the conduct of any investigation, hearing, or judicial proceedings arising thereunder.

Availability of Counseling and Advocacy

Counseling and other mental health services for victims of sexual assault are available on campus and in the community. Students may use the Student Counseling Center (Room 129, Health Sciences Building, 479-788-7398). Employees of the university may be able to seek help through the Employee Assistance Program (contact Human Resources). Community mental health agencies, such as the Guidance Center (479-478-6664), may also assist, in addition to counselors and psychotherapists in private practice in the area who can provide individual and group therapy. The Crisis Intervention Center in Fort Smith may assist with referrals for individual counseling and support groups and in identifying non-counseling campus and community resources that may be of additional help. The Crisis Center may also have victim advocates upon request. The CIC can be reached at 479-782-1821; their hotline is 1-800-359-0056.

Education and Awareness Programs

The university’s Title IX coordinator is responsible for planning and coordinating campus education and awareness programs about all forms of sexual harassment. Programs are presented regularly throughout the academic year, both general education sessions and customized training. Customized sessions often focus on the needs and obligations of specific populations, such as residential students, sorority and fraternity members, ROTC, student-athletes, student organizations, and academic classes. Employee training and professional development is another domain. Campus-wide education and awareness activities are also conducted during Sexual Assault Awareness Month and Welcome Back Week.

Grievance Procedure

These procedures apply to all grievances regarding conduct that may constitute sexual harassment as defined in this policy (including sexual assault) and that falls within the university’s Title IX jurisdiction. All other grievances by students, employees, or third parties shall be addressed through other procedures. The university’s Title IX grievance process includes formal and informal procedures that encourage prompt resolution of complaints. In most cases, the complainant’s submission of a formal, written complaint to the Title IX coordinator will initiate the formal grievance process. However, the Title IX coordinator may also submit a formal complaint under the circumstances described below. The university will respond promptly to all formal complaints of sexual harassment.

Basic Requirements - The university’s grievance process shall adhere to the following principles:

• All relevant evidence-including both inculpatory and exculpatory evidence-will be evaluated.
• Credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.
• The Title IX coordinator, investigator, hearing officers, or panel members, decision-makers on appeal, persons involved with the informal resolution, and any other persons that play a significant role in the Title IX grievance process shall not have a conflict of interest or bias for or against complainants or respondents generally or for or against an individual complainant or respondent.
• The respondent is presumed to not be responsible for the alleged conduct until a determination of responsibility is made at the conclusion of the grievance process.
• The time frames for concluding the grievance process shall be reasonably prompt, as set forth in more detail in the procedures below.
• The grievance process may be temporarily delayed, and limited extensions of time frames may be granted, for good cause. In such instances written notice to the complainant and the respondent of the delay or extension and the reasons for the action will be provided. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurring law enforcement activity; or the need for language assistance or accommodations of disabilities.
• Questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege will not be required, allowed, relied upon, or otherwise used. The university shall not consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in the capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the university obtains that person’s voluntary, written consent to do so for a grievance under this section.
• No party shall be restricted from discussing the allegations under investigation or to gather and present relevant evidence.
• A party whose participation in a hearing, investigative interview, or other meeting shall be provided with a written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.

Initial Report/Intake Process

Initial Meeting with Complainant - Promptly upon receiving a report of conduct that could potentially be a violation of Title IX, the Title IX coordinator (or designee) will contact the complainant to schedule an initial meeting to, as applicable:

• Provide a copy of this policy.
• Explain the process for filing a formal complaint and provide a copy of the Sexual Harassment Complaint Form on which the complainant may, if they agree to disclose the information, provide details regarding the allegation, including the name of the accused individual and the date, location, and general nature of the alleged violation of policy.
• Explain avenues for resolution, including informal and formal.
• Explain the steps involved in an investigation and hearing under this policy.
• Discuss confidentiality standards and concerns.
• Refer to law enforcement, counseling, medical, academic, or other resources, as appropriate.
• Discuss, as appropriate, possible supportive measures, which are available with or without the filing of a formal complaint

If the complainant requests that no further action be taken and/or that no formal complaint be pursued, the Title IX coordinator (and/or their designee) will inform the complainant that retaliation is prohibited and that honoring the complainant’s request may limit the university’s ability to fully respond to the incident. In the event the complainant stands firm on their request that no further action be taken, the Title IX coordinator will evaluate whether to file a complaint under the criteria set forth below.

Form and Filing of Complaint - The filing of a formal, written complaint initiates the formal grievance process and is available to any person who is participating in (or attempting to participate in) a university educational program or activity. The Title IX coordinator (or an investigator designated by the Title IX coordinator) will investigate the allegations in the formal complaint. Formal complaints can be filed in several ways. The complainant may utilize the form provided or may submit the complainant’s own document that contains the complainant’s signature (either physical or digital) and is filed with the university’s Title IX Office by U.S. mail, in person, through the Title IX portal provided for this purpose, or by email. The formal complaint should set forth the allegations and request that the Title IX Office investigate the matter.

Filing by Title IX Coordinator - The Title IX coordinator may initiate the grievance process, even where the complainant declines to file a formal complaint, if the coordinator determines that the particular circumstances require the university to formally respond to and address the allegations. Circumstances to be considered include, among others, a pattern of alleged misconduct by a respondent and whether the complaint has alleged use of violence, weapons, or other similar conduct. The Title IX coordinator will also consider the complainant’s wishes with respect to supportive measures and desired response by the university. Where a report is made anonymously and the Title IX coordinator files the complaint, both the complainant and respondent will receive notice of the allegations with written details and identities of the parties if known.

Consolidation of Formal Complaints - The Title IX coordinator may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Dismissal of Complaint Prior to Resolution - A formal complaint must be dismissed by the Title IX coordinator if the alleged conduct (1) does not constitute sexual harassment, as defined in this policy, even if proved; (2) did not occur in the university’s education program or activity; or (3) did not occur against a person in the United States. In addition, a complaint may be dismissed if, at any time during the investigation or hearing, a complainant notifies the Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; the respondent is no longer enrolled or employed by the recipient; or specific circumstances prevent the gathering of evidence sufficient to reach a determination as to the formal complaint or any allegations therein.

Upon dismissal of a formal complaint, for any reason, the Title IX coordinator will send simultaneous, written notice of and reason(s) for the dismissal to the parties. The dismissal decision may be appealed pursuant to the procedure for appeals set forth in this policy. Dismissal of a complaint under this Title IX policy does not preclude a complainant from pursuing a grievance through other appropriate campus procedures.

Notice of Formal Complaint - Upon receipt of the formal complaint, the Title IX coordinator will send simultaneous notifications of the filing of the complaint to the complainant and the respondent (if known). If, in the course of an investigation, the Title IX coordinator decides to investigate allegations about the complainant or respondent that are not included in the initial notice, the Title IX coordinator will provide notice of the additional allegations to the parties whose identities are known. The initial notice will contain the following:

• The allegations of the complaint that potentially constitute sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview (including the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment under this policy, and the date and location of the alleged incident, if known)
• A copy of the Title IX policy
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process
• A statement informing the parties that they have a right to have one advisor of their choice to assist them throughout the proceedings who may be (but is not required to be) an attorney
• A statement that the parties have the right to inspect and review all evidence collected during the complaint process
• A statement that any party who knowingly makes false statements or submits false information during the grievance process will be subject to disciplinary procedures.

Initial Meeting with Respondent - If a formal complaint is filed, the Title IX coordinator will promptly schedule an initial meeting with the respondent after the written notice of the formal complaint is sent as described above. Prior to the initial meeting, the Title IX coordinator shall provide a written notice of the date, time, location, participants, and purpose of the meeting, with sufficient time for the party to prepare to participate. During the initial meeting with the respondent, the Title IX coordinator (or designee) will, as applicable:

• provide a copy of this policy (if not previously provided).
• explain avenues for resolution, including informal and formal.
• explain the steps involved in an investigation and hearing under this policy.
• discuss confidentiality standards and concerns.
• discuss non-retaliation requirements.
• inform of any supportive measures already determined and being provided to the complainant that would directly affect the respondent.
• refer to law enforcement, counseling, medical, academic or other resources, as appropriate.
• discuss, as appropriate, possible supportive measures that can be provided to the respondent.

Right to Advisor - Both parties will be advised that they may be accompanied by one advisor/support person to assist them throughout the Title IX process, which can be (but is not required to be) an attorney. The advisor is not allowed to speak or otherwise actively participate during the pre-hearing interviews or meetings. It is the party’s responsibility to obtain the services of an advisor, except that the university will make an advisor available to the parties during the hearing to determine responsibility upon request. A party who wants the university to provide an advisor for the determination hearing should make a request within 15 days after the party’s filing or receipt of the formal complaint. The advisor’s role at the hearing is further explained below.

Emergency Removal - If, after the Behavioral Intervention Team undertakes a safety and risk analysis, the university determines that the respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment, it may remove the respondent from the university’s programs or activities. In such instances, the respondent will be provided with a written notice of the reasons for the removal. Within five (5)days of receiving the notice, the respondent may challenge the decision by requesting a meeting with the vice chancellor for student affairs (or designee).

Administrative Leave - Nothing in this policy precludes the university from placing a non-student employee respondent on administrative leave during the pendency of the grievance process.

Supportive Measures - Supportive measures, as defined in this policy, will be based on the facts and circumstances of each situation. The Title IX coordinator is responsible for coordinating the effective implementation of supportive measures. They may include, but are not limited to, the following:

• Counseling
• Extensions of deadlines or other course-related adjustments
• Modifications of work or class schedules
• Campus escort services
• Mutual restrictions on contact between the parties
• Changes in working or housing locations
• Leaves of absence
• Increased security and monitoring of certain areas of the campus

The university will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the university to provide the supportive measures.

Informal Resolution - At any time after a formal written complaint is filed but prior to reaching a determination regarding responsibility, the university may facilitate a resolution without a full investigation and adjudication. The complainant and respondent must give their voluntary, written consent to the informal resolution process. The informal resolution process will not be utilized to resolve allegations that an employee sexually harassed a student.

Prior to commencing the informal resolution process, the Title IX coordinator or designee must provide the parties a written notice that includes the following information:

• Notice of the allegations contained in the formal complaint, including dates, location(s), and identities of the parties.
• Any agreed upon resolution reached at the conclusion of the informal complaint process will preclude the parties from resuming a formal complaint arising from the same allegations.
• At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.
• Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

Comprehensive Investigation

If resolution of the allegations does not proceed through the informal process, the matter will proceed with a comprehensive investigation and resolution through the formal complaint processes. The Title IX coordinator will be responsible for overseeing the prompt, equitable, and impartial investigation during the formal complaint process. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility shall rest on the university and not the parties.

Assignment of Investigator - If the Title IX coordinator’s designee is to conduct the investigation, the Title IX coordinator will forward the complaint to the investigator and share the investigator’s name and contact information with the complainant and the respondent.

Conflicts of Interest and Bias - Immediately after the identity of the person who will conduct the investigation is determined and communicated to the parties, the investigator, the complainant, or the respondent may identify to the Title IX coordinator in writing any real or perceived conflicts of interest or bias that the person charged with conducting the investigation (including the Title IX coordinator, where applicable) may have. The Title IX coordinator will carefully consider such statements and will assign a different individual as investigator if it is determined that a material conflict of interest or bias exists.

Overview of Investigation - Upon receipt of the formal complaint, the Title IX coordinator/investigator (hereinafter “investigator”) will promptly begin the investigation, which shall include but is not limited to the following:

• conducting interviews with the complainant, the respondent, and any witnesses (including expert witnesses, where applicable) and summarizing such interviews in written form.
• visiting, inspecting, and taking photographs at relevant sites.
• where applicable, collecting and preserving relevant evidence (in cases of corresponding criminal reports, this step may be coordinated with law enforcement agencies).
• obtaining any relevant medical records pertaining to treatment of the complainant, provided that the complainant has voluntarily authorized release of the records in writing to the investigator.

Inspection and Access to Evidence - The parties may identify to the investigator any evidence or witnesses they wish to be included as part of the investigation. Both parties will also have equal opportunity to inspect and review any evidence obtained during the investigation. The Investigator will complete the gathering of evidence as soon as practicable, which will ordinarily occur within approximately 30 days after the filing of the formal complaint.

After the gathering of evidence has been completed but prior to completion of the investigative report, the Investigator will provide to each party and party’s advisor, if any, any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the university does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence (whether obtained from a party or other source), so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. The evidence will be provided in an electronic format or a hard copy. The parties will have five (5) days to submit a written response to the evidence, which will be considered by the Investigator prior to completion of the investigative report. The evidence will be made available for the parties to use at the hearing to determine responsibility.

Investigative Report - The investigative report shall fairly summarize the relevant evidence and must include the following items and information that is relevant to the allegations in the formal complaint:

• The dates of the Title IX coordinator’s initial receipt of a report of alleged sexual harassment against the complainant, intake meeting, and the filing of the formal complaint
• A statement of the allegation(s), a description of the incident(s), the date(s) and time(s) (if known), and location of the alleged incident(s)
• The names of all known witnesses to the alleged incident(s)
• The dates that the complainant, respondent, and other witnesses were interviewed, along with summaries of the interviews
• Descriptions or summaries of any physical or documentary evidence that was obtained (e.g., text messages, emails, surveillance video footage, photographs)
• Any written statements of the complainant, respondent, or other witnesses
• The response of university personnel and, if applicable, university-level officials, including any supportive measures taken with respect to the complainant and respondent

The investigator shall provide a draft of the investigative report to the Title IX coordinator for review before the report becomes final. An electronic or hard-copy version of the final investigative report will be provided to each party (and each party’s advisor) concurrently. The investigative report shall be provided as soon as practicable after the parties have submitted their written responses to the evidence (if any) and at least 10 calendar days prior to the determination hearing. The parties may provide a written response to the investigative report within five (5) calendar days after receiving it.

Determination Hearing

Following the conclusion and distribution of the investigative report, a hearing will be conducted to determine the outcome and resolution of the complaint. The parties and their advisors, if any, will be notified by the hearing officer, hearing panel chairperson, or Title IX coordinator of the date, time and location of the hearing, as set forth in the notice provisions below.

Hearing Officer or Hearing Panel - Within three (3) days of the release of the investigative report to the parties, the chancellor or their designee, typically the Title IX coordinator, will appoint (1) a single hearing officer, who may be (but is not required to be) an outside person not permanently employed by the university, or (2) a three-member hearing panel, which shall be composed of at least two (2) faculty and/or staff members and may include (but is not required to include) one outside person who is not permanently employed by the university. If a hearing panel will be used, the chancellor or their designee will select one member of the hearing panel to act as the chair. The Title IX coordinator will provide a copy of the formal complaint and the investigative report, along with the parties’ written responses to the investigative report, to the hearing officer or each member of the hearing panel.

Promptly after the appointment of the members of the hearing panel, the Title IX coordinator will provide concurrent written notice to the complainant and the respondent, setting forth the names of the individuals selected to serve as the hearing officer or member of the hearing panel. The parties may challenge the participation of any decision-maker based on bias or a conflict of interest by submitting a written objection to the chancellor or their designee within three (3) calendar days of receipt of the notice. Any objection must state the specific reason(s) for the objection. The chancellor or their designee will evaluate the objection and determine whether to select a new hearing officer or alter the composition of the hearing panel. Failure to submit a timely and proper objection will constitute a waiver of the objection. Any changes in the hearing officer or hearing panel will be provided in writing to both parties prior to the date of the hearing.

Submission of Witnesses Lists - Within five (5) calendar days of receipt of the notice of the hearing officer or hearing panel, both parties may provide to the hearing officer or chair of the hearing panel a list of witnesses, if any, that they propose be called to testify and a brief description of each proposed witness’s connection to and/or knowledge of the issues in dispute. Absent good cause, a party cannot include a witness on the party’s pre-hearing witness list unless the witness was identified during the investigation. The hearing officer or hearing panel reserves the right to call relevant witnesses who may not have been included on a party’s witness list.

Notice of the Hearing - Not less than five (5) days but not more than 10 days after delivery of the notice of the hearing officer’s identity or initial composition of the hearing panel, the hearing officer or chair of the hearing panel will provide a separate notice to the complainant, respondent, and any other witnesses whose testimony the hearing officer or hearing panel deems relevant, requesting such individuals to appear at the hearing to determine responsibility. The notice should set forth the date, time, and location for the individual’s requested presence. The hearing officer or hearing panel shall provide, in its notice to the parties, the names of the witnesses that the hearing officer or hearing panel plans to call. The hearing shall be conducted promptly but no sooner than 10 calendar days after release of the investigative report.

Failure to Appear - If any party fails to appear at the hearing if requested to do so, and such party was provided notice of the hearing as set forth above, then absent extenuating circumstances, the hearing officer or hearing panel will proceed to determine the resolution of the complaint. As explained below, if a party fails to appear, it is unlikely that the hearing officer or hearing panel will consider the non-appearing party’s version of events based on another source, such as the formal complaint or a prior statement.

Option for Virtual or Separate Presence - Live hearings may be conducted with either all parties present in the same geographic location or, at the university’s discretion, any or all parties and witnesses may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. Either party may request not to be in the same room as the other party. If any party makes such a request, then both parties will be required to attend the hearing from a location or room different from where the hearing officer or hearing panel is sitting. If the hearing is virtual, or there is a request for separate rooms at a physical location, the university will ensure that all participants are able to simultaneously see and hear the party or witness answering questions. Instructions will be provided for accessibility prior to the hearing date.

Recordings - An audio or audio-visual recording will be created of the live hearing and will be made available for inspection and review at any party’s request.

Advisor’s Role at Hearing - The complainant and respondent may be accompanied by an advisor during the hearing to determine responsibility. A party must identify their advisor (if any) at least five (5) days prior to the hearing. The advisor’s role at the hearing shall consist of (1) providing private advice to the party they are supporting and (2) questioning the opposing party and other witnesses. The advisor can be anyone, including an attorney. A party may arrange for the party’s advisor of choice to attend the hearing at the party’s own expense. Alternatively, the university will select and provide an advisor to assist a party at the hearing to determine responsibility, without fee or charge, upon request. In either scenario, the advisor may only participate in the hearing to the extent allowed under this policy. A party who wants an advisor to be provided by the university should notify the Title IX coordinator at least 15 days after the filing or receipt of the formal complaint.

Evidentiary Matters and Procedure - The parties, through their advisors, shall have an equal opportunity to question the opposing party and other witnesses, including fact and expert witnesses, and present other inculpatory or exculpatory evidence. Formal rules of evidence will not be observed during the hearing. The hearing officer or hearing panel will conduct the initial questioning of witnesses prior to the questioning by an advisor. The hearing officer or chair of the hearing panel (acting alone or in consultation with other panelists) will make all determinations regarding the order of witnesses, relevancy of questions, and the evidence to be considered or excluded during the hearing and decision-making process. The hearing officer or hearing panel may, in its discretion, choose to call the investigator for the purpose of providing an overview of the investigation and findings.

Witness Examinations by the Parties - Each party’s advisor is permitted to question the opposing party and the other witnesses, so long as the questions are relevant and not duplicative of the questions posed by the hearing officer or hearing panel. The questions may include challenges to credibility. No other questioning or speaking participation by an advisor will be allowed. A party may not examine a party or witness directly; rather, a party must utilize the services of an advisor for the purpose of posing questions to another party or witness. A party not represented by an advisor may, however, submit a list of proposed questions to the hearing officer or chair of the hearing panel and ask that the questions be posed to the opposing party or witness.

The hearing officer or chair of the hearing panel will make determinations regarding relevancy of questions before a party or witness answers. If a determination is made to exclude the question based on relevancy, the hearing officer or panel chair will provide an explanation of why the question was deemed irrelevant and excluded.

The hearing officer or panel chair may disallow the attendance of any advisor if, in the discretion of the hearing officer or panel chair, such person’s presence becomes disruptive or obstructive to the hearing or otherwise warrants removal. Advisors will be not be permitted to badger or question the opposing party or any witness in an abusive or threatening manner. Absent accommodation for a disability, the parties may not be accompanied by any other individual during the hearing process except as set forth in this policy. University officials may seek advice from the university’s Office of General Counsel on questions of law, policy, and procedure at any time during the process.

Prior Sexual Conduct - Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

Confidentiality and Disclosure - To comply with FERPA and Title IX and to provide an orderly process for the presentation and consideration of relevant information without undue intimidation or pressure, the grievance process is not open to the general public. Accordingly, documents prepared in anticipation of the hearing (including the formal complaint, investigative report, evidentiary materials, notices, and prehearing submissions), recordings of the hearing, and documents, testimony, or other information used at the hearing may not be disclosed outside of the hearing proceedings, except as may be required or authorized by law.

Decision of the Hearing Officer or Panel and Standard of Evidence - Following the conclusion of the hearing, the hearing officer or hearing panel will confer and determine whether the evidence establishes that it is more likely than not that the respondent committed a violation of this policy. In other words, the standard of proof will be the preponderance of the evidence. This standard applies to complaints against both students and employees. In reaching the determination, the hearing officer or hearing panel will objectively and thoroughly evaluate all relevant evidence, both inculpatory and exculpatory, and reach an independent decision, without deference to the investigative report. If a hearing panel is utilized, the determination of responsibility shall be made by majority vote.

Written Determination of Responsibility - As soon as practicable following the hearing (and ordinarily within 10 days thereafter), the hearing officer or panel chair shall complete a report of the decision-maker’s findings. The hearing officer or panel chair will send simultaneous notification of the decision to both parties and their advisors, where applicable, with the following information:

• identification of the allegations potentially constituting sexual harassment under the policy.
• description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and the hearing held.
• findings of fact that support the determination.
• conclusions regarding the application of the university’s conduct standards to the facts.
• statement and rationale for the result as to each allegation, including a determination as to responsibility using the preponderance of the evidence standard.
• any disciplinary sanctions imposed on respondent.
• whether any remedies designed to restore or preserve equal access to the university’s education program or activity will be provided to the complainant (description of remedies is not included).
• procedures and permissible bases for the parties to appeal.

Sanctions - If the hearing officer or gearing panel determines that more likely than not the respondent committed a violation of this policy, then the hearing officer or hearing panel will determine sanctions and give consideration to whether a given sanction will (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation. Sanctions for a finding of responsibility will depend upon the nature and gravity of the misconduct, any record of prior discipline for a violation of this policy, or both. The range of potential sanctions is set forth in the definitions section of this policy.

Ordinarily, sanctions will not be imposed until the resolution of any timely appeal under this policy. However, if it is deemed necessary to protect the welfare of the victim or the university community, the hearing officer or hearing panel may recommend to the decision-maker on appeal that any sanctions be imposed immediately and continue in effect until such time as the appeal process is exhausted.

Remedies - Where a determination is made that the respondent was responsible for sexual harassment, the hearing officer or hearing panel will determine any final remedies to be provided to the complainant, if any, and the Title IX coordinator will communicate such decision to the complainant and the respondent to the extent that it affects them. Remedies must be provided in all instances in which a determination of responsibility for sexual harassment has been made against the respondent. Remedies must be designed to restore or preserve equal access to the university’s education program or activity. Such remedies may include the same individualized services described above as “supportive measures”; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

No Retaliation - The Title IX coordinator will take steps to prevent any harassment of or retaliation against the complainant, the respondent, or third parties, such as informing them about how to report subsequent problems, following up with them to ensure that there are no subsequent problems, and providing training for the campus community.

Appeals

Procedure for Appeals - Both the complainant and the respondent may appeal from (1) the Title IX coordinator’s dismissal of a formal complaint or any allegations therein or (2) the hearing officer or hearing panel’s determination. The appeal should be submitted in writing to the Title IX coordinator within five (5) days of receipt of the hearing officer or hearing panel’s decision. The Title IX coordinator will forward the appeal to the chancellor. The appeal will be decided based on the written record and without deference to the decision of the hearing officer or hearing panel.

If the respondent is an employee, the chancellor or their designee will decide the appeal. If the respondent is a student, the appeal will be decided by the chancellor or their designee or, in the alternative, the chancellor will designate an appeal panel comprised of at least two faculty and/or staff members. One of the members of the appeal panel can be (but need not be) an outside person who is not an employee. If an appeal panel is utilized, the chancellor shall designate one of the panelists as the chair of the appeal panel. The chair of the appeal panel (in cases where the respondent is a student and a panel is utilized) or the chancellor or designee (in other cases) shall make any decisions concerning appellate jurisdiction under the permissible grounds for appeal described below.

The party appealing may use the appeal form or the party may submit their own written and signed document. Acceptable means of notification include email, facsimile, hand-delivered notification, or postal delivery. The Title IX coordinator will promptly inform the other party of the appeal.

Grounds for Appeal - The appeal from the decision of the hearing officer or hearing panel must be for one of the following reasons: (1) a procedural irregularity that affected the outcome of the decision; (2) there is new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; or (3) the Title IX coordinator, investigator(s), hearing officer, or panel member(s) had a conflict of interest or bias for or against complainants or respondents in general or against an individual complainant or respondent that affected the outcome.

Responses - Within five (5) days of receipt of the appeal, the other party may submit a written statement in response to the appeal and which supports or challenges the dismissal or determination. The response should be submitted to the Title IX coordinator, who shall provide a copy to the decision-maker and the appealing party.

Decision on Appeal - As soon as practicable after receiving the parties’ written submissions (and ordinarily within approximately 10 days), the chancellor (or designee), or appeal panel will issue a written decision describing the result of the appeal and the rationale for the result. The decision on appeal may uphold the decision, modify it, or remand for further factual development. The decision-maker on appeal will concurrently notify the complainant and the respondent of the decision, with a written copy provided to the Title IX coordinator.

Employees - All non-tenure track faculty and staff members of the university without term contracts are at-will employees who may be terminated at any time, with or without cause. With regard to such faculty and staff, nothing in this policy shall create an expectation of continued employment with the university or be construed to prevent or delay the university from taking any disciplinary action deemed appropriate (including suspension and immediate termination of employment) for any violation of state law, federal law, or university policy.

Time Periods

The university will make every reasonable effort to ensure that the investigation and resolution of a complaint occurs in as timely and efficient a manner as possible.

Any party may request an extension of any deadline by providing the Title IX coordinator or their respective deputies with a written request for an extension that includes reference to the duration of the proposed extension and the basis for the request.

The Title IX coordinator may also modify timelines in cases where information is not clear, judged to be incomplete, relevant parties are not available for interview, absence of an advisor, concurrent law enforcement activity, the need for language assistance or disability accommodation and/or other circumstances that may arise.

Retaliation Prohibited

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, 34 C.F.R. Part 106, or this policy, or because an individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. Intimidation, threats, coercion, or discrimination, including changes against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sex discrimination of harassment, for the purpose of interfering with any right or privilege secured by Title IX, 34 C.F.R. Part 106, or this policy, constitutes retaliation. However, the exercise of rights protected under the First Amendment does not constitute retaliation.

False Reports

Willfully making a false report of sexual harassment or submitting false information during these proceedings is a violation of university policy and is a serious offense. However, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. Any person who willfully makes or participates in making a false or frivolous report of discrimination, harassment, retaliation or sexual misconduct will be subject to disciplinary action. False reporting may also violate state criminal statutes and civil defamation laws.

External Reporting Agencies

Although complainants are encouraged to resolve their grievances related to discrimination by utilizing this complaint/grievance procedure, they may have the right to file a complaint directly with the following agencies. Individuals who wish to file complaints with these external agencies should make contact as soon as possible and verify any applicable time limits and deadlines.

Office of Civil Rights (OCR)
U.S. Department of Education
1999 Bryan St., Suite 1620
Dallas, TX 75201-6810
Toll Free: 800-421-3481
Telephone: 214-661-9600
Fax: 214-661-9587
Email: OCR.Dallas@ed.gov

NSF Grantees Only
National Science Foundation
Office of Diversity and Inclusion
2415 Eisenhower Ave.
Alexandria, VA 22314
Telephone: 703-292-8020
Fax: 703-292-9072
Email: programcomplaints@nsf.gov

Effective Date

The university reserves the right to make changes and amendments to this policy as needed, with appropriate notice to the campus community. However, the policy in force at the time that a complaint is filed will be the policy used throughout the investigation, hearing, and any appeals.

Retention of Records

For a period of at least seven years, the university will maintain the records of:

• each sexual harassment investigation, including any determination regarding responsibility, any recordings or transcripts, disciplinary sanctions, and remedies provided to the complainant.
• any appeal and the result therefrom.
• any informal resolution and the result therefrom.
• all materials used to train Title IX coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. These materials will be made publicly available on the university’s website.
• Records of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment, along with documentation of the university’s bases for its conclusion that its response was not deliberately indifferent.
• Documentation pertaining to terminations, expulsions or educational sanctions may be retained indefinitely.

Definitions

Complainant - Any individual who is alleged to be the victim of conduct that could constitute sexual harassment. At the time of the filing of a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the recipient with which the formal complaint is filed. Any person may report sex discrimination, including harassment, whether or not the person reporting is the person alleged to be the victim of discrimination or harassment.

Consent - Consent is clear, knowing, and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, if those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. If coercion, intimidation, threats, or physical force are used, there is no consent.

If a person is mentally or physically incapacitated so that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent. Incapacitation can be due to alcohol or drugs or being asleep or unconscious. This policy also covers incapacity due to mental disability, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Brundage, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at 911rape.org.

Use of alcohol or other drugs will never function as a defense to a violation of this policy. An individual violates this policy if the individual initiates and engages in sexual activity with someone who is incapacitated, and (1) the individual knew the other person was incapacitated, or (2) a sober reasonable person under similar circumstances as the person initiating the sexual activity would have known the other person was incapacitated.

There is also no consent when there is force, expressed or implied, or use of duress or deception upon the victim. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes overt threats, implied threats, intimidation, and coercion that overcome resistance or produce consent.

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Under Arkansas law the age of consent varies with the degrees of assault, the age of the actor, and the relationship of the actor to the other party. For specific information, please refer to Arkansas statutes (e.g., Arkansas Code Annotated § 5-14-125, Sexual Assault in the Second Degree).

Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. In addition, previous relationships or prior consent cannot imply consent to future sexual acts.

Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such relationship is determined based on consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.

Days - Refers to working days, rather than calendar days, unless otherwise specified.

Domestic Violence - The term includes felony or misdemeanor crimes of violence committed by a current spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Arkansas, or by any other person against an adult or youth victim who is protected from that person’s acts under the laws of Arkansas. Under the Arkansas law on domestic abuse, “family or household members” means spouses, former spouses, parents, and children; persons related by blood within the fourth degree of consanguinity; in-laws; any children residing in the household; persons who presently or in the past have resided or cohabitated together; persons who have or have had a child in common; and persons who are presently or in the past have been in a dating relationship together.

Education Program or Activity - Includes locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by an officially recognized student organization.

Formal Complaint - A document filed by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment. The phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the university) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

Party - The complainant or respondent.

Preponderance of the Evidence - A standard of proof where the conclusion is based on facts that are more likely true than not.

Respondent - An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Sanctions - The determination of sanctions to be imposed against a respondent who is found to have been responsible for violating this policy will depend upon the nature and gravity of the misconduct, any record of prior discipline for a violation of this policy, or both. Sanctions against students may include, without limitation, expulsion or suspension from the university, disciplinary probation, expulsion from campus housing, mandated counseling, and/or educational sanctions. Sanctions against employees and other non-students may include, without limitation, a written reprimand, disciplinary probation, suspension, termination, demotion, reassignment, revision of job duties, reduction in pay, exclusion from campus or particular activities, and/or educational sanctions deemed appropriate.

Sexual Assault - The term “sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. A nonforcible sex offense includes incest (i.e., the nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law) and statutory rape (i.e., nonforcible sexual intercourse with a person who is under the statutory age of consent). A forcible sex offense is any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. A forcible sex offense includes:

• Forcible rape: the penetration, no matter how slight, of the vagina or anus with any part of the body or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Forcible sodomy: Oral or sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against that person’s will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent mental or physical incapacity;
• Sexual assault with an object: Using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against that person’s will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent or physical incapacity.
• Forcible fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against that person’s will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent or physical incapacity.

Sexual Harassment - Sexual harassment is conduct on the basis of sex constituting one of the following:

1. An employee of the university conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the university’s educational programs or activities; or
3. Any of the following:
   1. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v) and this policy
   2. “Dating violence” as defined in 34 U.S.C. 12291(a)(10) and this policy
   3. “Domestic violence” as defined in 34 U.S.C. 12291(a)(8) and this policy
   4. “Stalking” as defined in 34 U.S.C. 12291(a)(30) and this policy

Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

Supportive Measures - Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without a fee or charge to the complaint or respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the university’s educational environment or deter sexual harassment.

Complaints of Discrimination and Harassment Not Covered Under Title IX

Policy Statement

The University of Arkansas - Fort Smith is committed to providing an environment that emphasizes the dignity and worth of every member of its community and that is free from harassment and discrimination. Such an environment is necessary to a healthy learning, working, and living atmosphere. The university expects students, applicants for admission, employees, applicants for employment, affiliates, subcontractors, on-site contractual staff, community members, and visitors to uphold the university’s commitment to nondiscrimination and harassment by conducting themselves in manner that is appropriate and consistent with this policy. Accordingly, all acts of discrimination, harassment, and retaliation are prohibited. The university will take prompt and equitable action in response to complaints about such conduct.

Policy Scope and Relationship to Title IX

“Discrimination” under this policy refers to action or conduct that (1) is based on race, color, sex, religion, national origin, service in the uniformed services (as defined in state and federal law), veteran status, sex, age, pregnancy, physical or mental disability, gender identity, sexual orientation, or genetic information and (2) materially affects a term or condition of an individual’s employment, education, living environment, or participation in a program or activity.

“Harassment” under this policy means detrimental action or a course of conduct that is based on one of the foregoing categories and that is sufficiently serious (i.e., severe and/or pervasive) and objectively offensive to deny or limit a person’s ability to participate in or benefit from the university’s programs, services, opportunities, or activities or when such conduct has the purpose or effect of unreasonably interfering with an individual’s employment.

Reports and complaints regarding sexual harassment, sexual assault, relationship violence, stalking, and similar conduct should first be made to the Title IX coordinator under the university’s separate policy on sexual assault and harassment. Other forms of discrimination and harassment may be the subject of an initial complaint under this policy. In addition, this policy may be used to address complaints of sexual harassment or assault that may negatively affect the campus community but are dismissed by the Title IX coordinator based on lack of jurisdiction. In such situations the appropriate office will have discretion on whether to commence an investigation under this policy.

Offices Hearing Complaints

The Office of Human Resources is responsible for investigating complaints of discrimination and harassment against faculty, staff, and administrative employees. The Office of the Dean of Students is responsible for investigating complaints of harassment and discrimination against students. A complaint to the appropriate office, using the complaint form, should be made within 30 days of the act of discrimination or harassment. The time limit may be waived or extended by the Department of Human Resources or the Office of the Dean of Students if good cause is demonstrated.

Investigation

After receiving the complaint, the appropriate office will explore whether the matter can be resolved informally, without disciplinary action or a finding that discrimination or harassment has occurred. If the issue can be resolved informally, no further action will be taken.

If the complaining party chooses to proceed with a formal complaint, the individual against whom the complaint is filed (i.e., the “respondent”) will be instructed to provide a written response to the allegations within five (5) working days of the request. The matter will then be investigated promptly.

At the conclusion of the investigation, the investigating office will issue a written determination of responsibility and provide the decision to the complaint and respondent. The determination shall also identify any sanctions or remedies that the investigator believes should be imposed. In the case of employee-respondents, the proposed sanctions and remedies shall serve as a nonbinding recommendation to the appropriate campus administrator.

The institution reserves the right to address, as an administrative matter, conduct that does not constitute a violation of this policy, but nevertheless is inappropriate in a professional work or educational environment.

Appeal

If a student-respondent is dissatisfied with the decision, the respondent may request that the dean of students convene a hearing. The request for a hearing must be made within five (5) working days of the decision. After receiving the request, the dean of students will promptly schedule a hearing that generally follows the procedures used for cases of student misconduct.

If an employee-respondent is dissatisfied with the decision, the respondent may appeal the matter to the chancellor or their designee. A respondent who chooses to appeal must, within five (5) working days of receiving the decision, deliver a written statement to the chancellor or designee that concisely explains why the decision should be overturned or modified. The chancellor or their designee may elect to convene a committee to review the allegations, consider the evidence, and make a recommendation; alternatively, the chancellor or designee may decide the matter in the absence of a committee. The final decision shall be rendered as soon as practicable and ordinarily no later than 10 working days after receiving the written appeal.

Retaliation

It is a violation of this policy to take an action against an individual because that person has opposed any practices forbidden by this policy or because that person has filed a complaint, testified, assisted, or participated in an investigation or proceeding under this policy. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s opposition, complaint, or participation. Adverse action is retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.

Confidentiality

The university requests confidentiality from all parties and witnesses involved in an investigation. During an investigation, it may be necessary for the investigator to provide details to individuals with a legitimate need to know about the allegations. This may include (1) information provided to respondents to allow them to fully respond to the allegations, (2) information provided to witnesses or other people with whom investigators communicate in order to obtain or verify information, (3) where appropriate, information provided to management during or following an investigation to allow any necessary actions to be taken. In addition the identity of the investigation participants and the details of the investigation may become known for reasons outside the control of the investigator.

False Reports

Willfully making a false report of discrimination (including discriminatory harassment) is a violation of university policy and is a serious offense. Any person who willfully makes or participates in making a false report under this policy may be subject to disciplinary action up to and including termination or expulsion.

Training

All new employees should receive training on preventing, reporting, and addressing discrimination (including discriminatory harassment) within 30 days of beginning employment or enrollment. Employees must receive refresher training at least every two (2) years.

EEOC and NSF Reporting

Although complainants are encouraged to resolve their grievances related to discrimination by utilizing this policy, they may have the right to file a complaint directly with the appropriate agency. The contact information for the EEOC and NSF are as follows:

Equal Employment Opportunity Commission (EEOC)
820 Louisiana St., Suite 200
Little Rock, AR 72201
Toll Free: 800-669-4000
Telephone: 501-324-5060
TTY: 800-669-6820
Fax: 501-324-5991

National Sciences Foundation
Office of Diversity and Inclusion
2415 Eisenhower Ave
Alexandria, VA 22314
Telephone: 703-292-802
Fax: 703-292-9072
Email: programcomplaints@nsf.gov

Notification of Rights under the Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act affords students certain rights with respect to their education records. They are:

1. The right to inspect and review the student’s college education records as soon as possible but not later than 45 days from the day the university receives a request for access. Students should submit to the registrar a written request that identifies the records they wish to inspect. The registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the registrar, the registrar shall advise the student of the correct official to whom the request should be addressed.
2. The right to request amendment of the student’s education records that the student believes are inaccurate or misleading. Students may ask the UAFS to amend a record that they believe is inaccurate or misleading. They should write the university official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If UAFS decides not to amend the record as requested by the student, the student will be notified of the decision and advised of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. UAFS discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by UAFS in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom UAFS has contracted as its agent to provide a service instead of using UAFS employees or officials (such as an attorney, auditor or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks. Upon request, UAFS also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

The right to file a complaint with the U.S. Department of Education concerning alleged failures by UAFS to comply with the requirements of FERPA. The name and address of the office that administers FERPA is as follows:

Office of Civil Rights (OCR)
U.S. Department of Education
1999 Bryan St., Suite 1620
Dallas, TX 75201-6810

4. Directory information as defined by the U.S. Department of Education means information contained in an educational record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Students may request UAFS not release directory information by completing the proper form and submitting it to the Registrar’s Office on the second floor of the Smith-Pendergraft Campus Center. Directory information at UAFS includes name, address, major field of study, degrees and awards received, participation in officially recognized activities and sports, weight and height of members of athletic teams, telephone listing, email address, photograph, date and place of birth, dates of attendance, grade level, enrollment status (i.e., undergraduate or graduate; full- or part-time), honors received, and most recent educational agency or institution attended. It is important to note that the institution, at its sole discretion, designates what is considered “directory information,” as well as what is released in each circumstance.

Additionally, educational records and personal information may be released in the following circumstances:

• Judicial subpoena of records, upon condition that UAFS makes a reasonable effort to notify the student in advance of the release of records.
• Health or safety emergency situations, if knowledge of personal information is necessary to protect the health and safety of a student or other person(s).
• In connection with financial aid for which the student student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.

UAFS is required to comply with military requests for student information, under the Solomon Amendment to the National Defense Authorization Act for 1995 and 1996 and the Omnibus Consolidated Appropriations Act, 1997.

Alcohol and Drug Policy at UAFS

UAFS recognizes its responsibility to provide a healthy environment in which students may learn and prepare themselves to be fully functioning and productive individuals. Alcohol and other substance abuse is a university concern. Abuse of alcohol and other drugs affects academic performance, health, personal relationships, and safety. Abusive levels of alcohol use and other drugs often result in problems such as automobile and other accidents, student fights, property damage, aggravated physical illness, and sometimes death. Students need to know their responsibilities as members of the university community and understand the university’s expectation and regulations. The abuse of alcohol and other drugs is considered detrimental to the attainment of the educational mission of this institution.

UAFS Alcohol Policy

Student possession and use of alcohol on university properties, and at official university functions held on campus is prohibited. Except in the Sebastian Commons where residents of legal drinking age may possess and responsibly consume alcohol in the privacy of their campus apartment. It is the policy of the university that the illegal or abusive use of drugs or alcohol by employees and students is prohibited on university properties or as a part of any university activity whether on or off campus. Irresponsible behavior while under the influence of intoxicants is not to be condoned and may be subject to review and/or action by the appropriate judicial body.

UAFS Drug Policy

Possession, use or manufacture of illicit drugs is strictly prohibited at UAFS. Students are subject to disciplinary action for violation of federal or state laws regarding the possession, purchase, manufacture, use, sale or distribution (by either sale or gift) of any quantity of any prescription drug or controlled substance, except for the use of over-the-counter medication or for the prescribed use of medication in accordance with the instructions of a licensed physician. Possession of paraphernalia associated with the use, possession or manufacture of a prescription drug or controlled substance is also prohibited.

Medical Marijuana

Students are not permitted to possess, smoke, or otherwise engage in the medical use of marijuana on campus in accordance with Arkansas Act 740. Act 740 further prohibits the smoking of marijuana for medical purposes in places where the smoking of tobacco is prohibited by state law, and all state property is to be considered tobacco free.

Substance Abuse Policy

Any student found in violation of these policies will immediately be placed on probation and shall be subject to additional disciplinary actions, which may include dismissal from UAFS.

The vice chancellor for student affairs and director of university housing and residential life will make information available to students about the dangers of drug abuse, the availability of counseling and the penalties for violations. Such information will be promulgated in the student handbook and through visual displays, drug-awareness sessions, etc.

Students who have no record of conviction for drug abuse and who voluntarily seek counseling for drug-abuse problems may not be dismissed from the university. However, if a drug-abuse conviction occurs after counseling or rehabilitation has begun, the student is liable for the full range of university disciplinary measures.

The vice chancellor for student affairs will be responsible for the implementation of these procedures.

Specific degree programs may have additional policies related to prevention and management of substance abuse. Students enrolled in these degree programs are responsible for adhering to college-specific policies as well as university policies.

Regulations

1. Consumption and possession of alcohol by students is prohibited on campus and at UAFS sponsored events.
2. Distribution of alcohol to a minor is prohibited.
3. Possession of alcohol by a minor is prohibited.
4. If a student violates the Student Conduct Code while under the influence of alcohol, this policy will also apply.
5. Public intoxication as defined in A.C.A. 5-71-212 and 5-2-207 is prohibited.

Enforcement

1. All reports of incidents involving alcohol will be forwarded to the student conduct administrator.
2. The student conduct administrator or designee will be responsible for the following:
   5. Determining if an incident reported constitutes a violation of the university alcohol policy.
   6. Recording and tracking all students involved with alcohol violations.
   7. Notifying the University Police Department, when warranted, of the behavior of an individual involved in an incident.
   8. Enforcing sanctions described.

Sanctions

1. Typical Sanctions: The sanctions described below are those used in most cases and do not limit the disciplinary power of the university in any matter involving Student Conduct Code violations.
2. Infractions and Mandatory Sanctions:
   9. First infraction of the academic year - Student must attend an alcohol education class and will be placed on university conduct probation.
   10. Second infraction in the academic year - Student is placed on disciplinary probation and, at the student’s expense, must submit to a substance abuse evaluation administered by a qualified authority. The student will provide the evaluation results or authorize the release of the evaluation results to the student affairs office.
   11. Third infraction in the academic year - Student is likely to be suspended from the university for a semester or longer, depending on the risk to self, others, and property caused by the behaviors.
   12. Recording cycle for violations is one academic year - The academic year begins the first day the residence halls open for the fall semester and will continue through the day prior to the residence halls opening for the next academic year.
   13. Right of appeal - The student may appeal as described in Article V, Section D. A student conduct board will hear the appeal. For infractions committed in university housing, students who violate the Student Code of Conduct are subject to disciplinary action through the residence hall and the university student conduct system. UAFS will strive to handle alleged violations in university housing in a single hearing that encompasses both housing policies and the Student Code of Conduct.

Students may also be subject to arrest and prosecution in cases where state laws have been violated. Sanctions up to and including expulsion may be imposed for drug or alcohol violations. A conviction for violation of state or federal drug laws may jeopardize federal financial aid.

The university will attempt to help students who have a substance abuse problem and wish to receive assistance in dealing with that problem. The university will not, however, condone illegal activity, and continued violation of drug or alcohol policies may result in expulsion.

Unplanned Pregnancy

The Arkansas Legislature passed Act 943 in 2015 which directs Arkansas colleges and universities to develop and implement an action plan to help students prevent unplanned pregnancies. Additional details are available in the Student Life portion of the UAFS website. 

Concealed Carry

The following are implementing rules and processes based on the AR statute (Act 562- 2017) that allows concealed carry on public university campuses with certain restrictions.

Policy Statement: AR Act 562 allows lawful concealed carry in the buildings of and on the grounds of public university campuses in Arkansas with certain exceptions. Those who carry on the property of UAFS are responsible to know Act 562 and other applicable laws. Related University regulations, which include a mandate to follow the provisions of Act 562, will be enforced thoroughly and fairly.

Regulations

Those who carry a concealed weapon (apart from those with an active law enforcement clearance) on UAFS property must have an AR Enhanced CCW Endorsement and meet all qualifications set forth in AR Act 562-2017. Certain activities are exempted, with proper notification and signage, from otherwise legal carry under this Act; these include intercollegiate athletic events, any grievance or disciplinary hearing lasting less than nine hours. Persons carrying a concealed handgun on UAFS property are required to show their enhanced endorsement card if so requested by University Police.

A person with a license to carry a concealed handgun must conceal the weapon. Concealed, under AR Code §5-73-301, means to cover from observation so as to prevent public view. The handgun may be carried on the person or in a container directly handled by the carrier, such as a purse or backpack. Appropriate holstering is strongly recommended. A violation would occur when a person knowingly and intentionally displays the handgun in plain view of another person absent a compelling justification. If a purely unintentional and unknowing display occurs, and an otherwise concealed handgun can be seen, it is not a substantive violation, but it may result in a formal warning. However, repeated acts of ‘accidental display’ may constitute a substantive violation of this or other UAFS regulation(s).

‘Storage’ is a key concept under his law. Storage in a locked and unattended vehicle is allowed in any publicly maintained lot on campus, if the weapon is otherwise possessed legally. Storage in a residential facility is not allowed, and will be construed in accordance with this definition from the AR State Police: ‘to leave a handgun unattended in any location, not including a locked and unattended motor vehicle in a publicly owned and maintained parking lot as permitted by law, for any period of time, where the licensee is not in the same room and immediate vicinity (within arm’s reach) of the handgun.’ This same language will also govern in part how UAFS determines related policy violations in other parts of campus.

Sanctions

When a substantive violation of this policy is found to have occurred, particularly one that poses a risk to the community, the normal sanction for an employee will be termination from employment and a ban from the campus. The normal sanction for a student will be expulsion from the institution, eviction from housing if applicable, and a ban from the campus. Reimbursement of tuition, fees, housing contract penalties, and associated costs will not be considered. However, if the University Police in their investigation determines that a violation is not egregious and does not pose a risk to the community, a lesser sanction may be recommended. For its part, the ART or the Student Appeal body may also so determine and issue a lower-level sanction or sanctions.

Enforcement Process for Complaints Made Against a UAFS Student

When the report of a possible or alleged violation of the UAFS Policy on Concealed Carry Weapons (CCW) is received by a University official, a referral will be made immediately to the University Police Department. UPD will notify the respondent of the onset of an investigation, including what portion of the policy/regulations/law is alleged to have been violated, the time and location of the alleged violation(s), and potential sanctions. An investigation will ensue in which UPD will compile evidence, interview witnesses, collect relevant documents, and make an initial determination (recommendation) as to whether a policy violation has occurred. UPD may also refer a case to Student Conduct or to Human Resources, for example if a weapon turns out to be some form of prohibited object but not a firearm capable of shooting a potentially deadly object.

If no violation of the CCW Policy and Regulations is found, the case will be closed. UPD will forward its Investigative Report (IR) to the UAFS CCW Administrative Review Team (ART) for record-keeping. The Board will notify the student or employee of the closing of the case, without penalty.

If a violation is determined to have occurred, UPD will forward its determination (recommendation), as contained in the IR, to the UAFS Appeals Board (AB) if the respondent is a student, or the ART if the respondent is an employee. The hearing body will notify the student or employee of the UPD determination (recommendation), the UPD rationale and summary of the evidence, and the associated sanction(s). Depending on whether the individual found to be in violation is a student or employee, the respective rights to respond to the initial decision will be articulated (see below).

Appeal for Students Found Responsible by UPD

At this point, a student respondent (see AR HB 1892, 2015) may either accept the recommended decision and sanction(s) or ask for an appeal hearing. Further, the student may choose to be accompanied and/or represented at such appeal hearing (at the student’s expense) by a licensed attorney or non-attorney advocate.

An appeal request must be filed in writing with the dean of students (dave.stevens@uafs.edu) within five (5) business days of when the student received notice of the finding of a violation. Notice of the right to appeal will be contained in the letter announcing the initial determination (recommendation), rationale, and sanction(s). Sanctions will not be implemented until the appeal process is complete unless safety considerations warrant an interim suspension or ban from campus, based on a threat assessment conducted by the UAFS Threat Assessment Team.

Student Appeal Hearing

The appeal hearing will be scheduled, whenever possible, within two weeks of the appeal request. The student appealing may challenge the members of the Appellate Board (AB) for a conflict of interest or bias, in writing, to be submitted to the UAFS Provost. Such a challenge must be submitted a full week before the scheduled time of the appeal hearing. If successful, the Provost will appoint an alternative member to the AB.

The respondent may review any additional evidence, and the Investigative Report (IR), that will be used by the AB, and will have at least three days to so view prior to the scheduled appeals hearing.

The AB for the hearing will review the IR and invite testimony from the respondent. It may also invite involved UPD Officers and/or other witnesses as deemed necessary. The respondent may also call witnesses. Witnesses whose statements are already in the IR will be limited to adding new information or clarifying the statements already made. Questions asked by the parties, including any cross-examination, will take place through questions directed to the Chairman of the AB, who will determine both the relevance of the questions and the timing of their inclusion. Character witnesses without knowledge pertaining to the specific allegations involved will not be allowed.

The AB will, after testimony is complete, dismiss other participants and within 48 hours deliberate on the case and make a formal determination of whether to uphold the original decision or overturn it. The Board will issue a formal written decision, with rationale. The decision and rationale will be sent to the respondent and to the Chancellor, within three business days following the Appeal Hearing’s conclusion.

The threshold of evidence will be, consistent with Title IX and Student Conduct Hearings, preponderance of the evidence. A recording of the appeal hearing will be made and kept for a minimum of five years.

The Appeals Board decision is final.

The Appeals Board will consist of (designees may be asked to serve in order to expedite an appeal hearing):

1. VC for Student Affairs
2. VC for Finance and Administration
3. VC for Strategic Initiatives

Process for Employee Found Initially Responsible by UPD

There is no appeal for an employee found responsible by UPD via its investigation and initial determination (recommendation). However, if UPD’s determination (and recommendation) is that a violation was committed by an employee, the Chief of Police will automatically meet with the Administrative Review Team (ART) to review the IR before the decision is implemented. In addition, the employee, who will have received notice of the initial decision (recommendation), will be afforded the opportunity to respond and challenge the recommendation either in writing or in person, at the discretion of the ART. The employee will be given five business days, starting the day after receipt of the initial decision, to respond. If a majority of the ART concurs with the IR, the decision is finalized. If a majority do not agree with the decision, either the case will be remanded to the University Police for additional investigation or the recommendation will be not accepted by the ART, in which scenario the case will be closed without penalty. This process constitutes the entire of the process afforded the employee, and the sanctions will be implemented immediately. Per the Employee Handbook, “The University does not give advance notice if employment is terminated for cause, such as dishonesty, insubordination, other incidents of misconduct, or unlawful behavior.”

The typical ART to review UPD finding of employee violations will be as follows. The Chancellor may appoint an alternate member if needed:

1. VC for Student Affairs and Enrollment Management
2. VC for Finance and Administration
3. AVC Compliance and Government Relations

Resident Student or Commuter Student Missing Person Policy

1. All resident students receive information about this policy prior to the beginning of classes in the fall (or spring for mid-year enrollees) and have the option of registering a name and number of someone who will be contacted within 24 hours after the resident is determined to be missing. Students’ contact information will be registered confidentially, and will be accessible only to authorized campus officials. Contact information will not be disclosed, except to law enforcement personnel in furtherance of a missing person investigation. This is done in part through its inclusion in the application process.
2. Resident assistants or resident directors who determine that a resident has been missing for longer than 24 hours shall immediately report the same to their resident director or director of housing, respectively.
3. If a member of the university community has reason to believe that a resident has been missing for 24 hours, they should immediately notify the University Police Department (479-788-7140), dean of students, or vice chancellor for student affairs (479-788-7310). UPD, upon notice, will generate a missing person report and initiate an investigation with the assistance of Housing and Residential Life.
4. Should the University Police Department or Student Affairs determine that the student is missing and has been missing for more than 24 hours, the resident’s emergency contact, or the resident’s parents if the resident is under the age of 18 and not legally emancipated, will be contacted, no later than 24 hours after the student is determined to be missing. The institution will notify the local law enforcement agency within 24 hours of the determination that the student is missing, unless the local law enforcement agency was the entity that made the determination that the student is missing.

Tobacco-Free Campus Policy

The use of any tobacco product, including electronic cigarettes is prohibited on the grounds of UAFS in order to establish a healthier and more beautiful learning environment. The tobacco-free environment includes all university property, which according to Arkansas Code Annotated 25-17-301, “shall include all highways, streets, alleys, and rights-of-way that are contiguous or adjacent to property owned or controlled by the institution.”

Policy for Faculty, Staff, Students, and Visitors

Everyone on campus (faculty, staff, students, and visitors) has a responsibility to encourage their peers and others to adhere to the tobacco-free campus policy. As such, an environment of positive peer support can move the campus community significantly toward the goal. When peer or supervisor encouragement is not effective, the primary responsibility for enforcement rests with the appropriate supervisors in each area with the assistance of the University Police Department. Failure to adhere to policy will be handled as would any other disciplinary issue. Employees should refer to the Employee Handbook. Visitors will be informed of the policy and asked to comply. Student compliance will be addressed using the three-level process listed below. The intent of the progressive corrective action models in the Employee Handbook and listed below are to create a better learning environment for everyone on campus.

Corrective Actions (Students)

First Level: Warning

A verbal warning will be given to the offending tobacco user by anyone observing the behavior. The first-level warning is done to ensure that the person is aware that tobacco use on campus is not allowed and to help the person change the behavior. An attempt to identify the offender will be made by ascertaining the person’s name or vehicle license plate number. Verbal warnings will be documented by reporting them to the University Police Department or the dean of students.

Second Level: Written Warning

A written warning will be issued when the offending behavior continues following a verbal warning. The offending person’s name and the circumstances should be reported to the University Police Department, vice chancellor for student affairs, or dean’s office in that area/building. A report will be prepared by the University Police Department, and the person(s) involved will be counseled by the vice chancellor for student affairs with a written warning to the student/file to document the behavior and assist the person in ceasing the use of tobacco on campus.

Third Level: Administrative Sanctions Including Suspension from the University

Should the second-level written warning be ineffective, additional administrative sanctions will be levied to include required attendance at a tobacco-use information session or suspension from the university for a semester or longer. The sanctions imposed must be delivered in writing.

Due Process: Appeal of Action

The normal disciplinary action due process procedures in the Student Handbook and Course Catalog will be used should an appeal be filed.

Acceptable Use of Technology Resources

Principles

Access to computer systems and networks owned or operated by the University of Arkansas - Fort Smith imposes certain responsibilities and obligations and is granted subject to university policies and local, state, and federal laws. Acceptable use always is ethical, reflects academic honesty, and shows restraint in the consumption of shared resources. It demonstrates respect for intellectual property, ownership of data, system security mechanisms, and individuals’ rights to privacy and freedom from intimidation and harassment.

Standard of Conduct

In making acceptable use of technology resources you must:

• use technology resources only for authorized purposes. Access only information that is your own, that is publicly available, or to which you have been given authorized access.
• protect your login credentials (e.g. username and password) and personal devices from unauthorized use. Never share your login password with anyone else, including UAFS Technology Services staff. You are responsible for all activities on your username or that originate from your personal devices.
• use only legal versions of copyrighted software, music files, videos, and other protected information in compliance with vendor license requirements and copyright law.
• be considerate in your use of shared resources. Refrain from monopolizing systems, overloading networks with excessive data, degrading services, or wasting computer time, disk space, printer paper or other shared resources.
• Have up-to-date anti-virus installed on any personal computers that you connect to the campus network. 

In making acceptable use of technology resources you must NOT:

• use or access another person’s system, files, or data without explicit permission, use computer programs to decode passwords or access control information, or attempt to circumvent or subvert system or network security measures.
• engage in any activity that might be purposefully harmful to information systems or to any information stored thereon, such as creating or propagating viruses, disrupting services, damaging files or making unauthorized modifications to university data.
• use university systems for commercial or partisan political purposes, make or use illegal copies of copyrighted materials or software, store such copies on university systems, or transmit them over university networks.
• use mail or messaging services to harass or intimidate another person, for example, by broadcasting unsolicited messages, by repeatedly sending unwanted mail, or by assuming someone else’s identity.
• Waste computing or network resources, for example, by printing excessively or copying personal photos and videos files to network shares, etc.
• Use the university’s systems or networks for personal gain; for example, by selling access to your credentials or to university systems or networks, or by performing work for profit with university resources in a manner not explicitly authorized by the university, or engage in any other activity that does not comply with the general principles described above.
• Physically attach personally owned devices to University equipment. Many of these devices can change the configuration of the equipment and cause potential issues. Some exceptions to this are USB Flash drives (also known as USB sticks or thumb drives), microphones, headphones, and USB phone chargers. If you have questions about the exception list, please contact our UAFS Service Desk. 

Enforcement

The university considers any violation of acceptable use principles, policies or guidelines to be a serious offense. We reserve the right to copy and examine any files or information resident on university systems allegedly related to unacceptable use, and to protect its network from systems and events that threaten or degrade operations. Violators are subject to disciplinary action as prescribed in the Student Handbook and Code of Conduct, the UAFS Faculty Handbook, and the UAFS Employee Handbook. Offenders also may be prosecuted under laws including (but not limited to) the Communications Act of 1934 (amended), the Family Educational Rights and Privacy Act of 1974, the Computer Fraud and Abuse Act of 1986, The Computer Virus Eradication Act of 1989, Interstate Transportation of Stolen Property, the Electronic Communications Privacy Act, and the Arkansas Computer Related Crimes Act. Access to the text of these laws is available through the Boreham Library.

Information Ownership and Privacy

Individuals using computer systems owned by the University of Arkansas - Fort Smith do so subject to applicable laws and university policies. Students and employees do not own their university computer accounts, but are granted use of them. The university will access an individual’s electronic information if:

• the individual consents in writing to such access, OR
• there is an emergency which may affect someone’s physical health or wellbeing, or may result in the damage or destruction of university property, OR
• there is reason to believe that a violation of law or university policy is occurring or has occurred, OR
• access is necessary for the maintenance of computers, networks, data, and storage systems, or to protect the rights or property of the university or other users.

Electronic information - including e-mail records - of university employees are potentially subject to public inspection and copying under the Arkansas Freedom of Information Act, which states, “All records maintained in public offices or by public employees within the scope of their employment are presumed to be public records.”

Free Speech: Non-Commercial Public Speech on Campus

I. Policy Statement

             The University recognizes the important role of intellectual freedom and free expression on campus, and it seeks to further the advancement of knowledge by means of research and discovery, teaching, and vigorous discussion of ideas. Students faculty, and staff are free to discuss matters to the extent consistent with the First Amendment to the U.S. Constitution; Article 2, Section 6 of the Arkansas Constitution; state and federal statutes and regulations; and the reasonable, content-neutral restrictions set forth in this policy and other University and campus policies.

          The University recognizes that individuals or groups may be opposed to certain expressive activities or speakers. Disagreement with different opinions is acceptable; however, the use of violence (including threats of violence and unlawful harassment), violations of law, and violations of University policy are not consistent with creating an environment in which ideas can be discussed openly. An individual or group wishing to protest an expressive activity on campus is subject to the same standards as presenters. On-campus protests and demonstrations that materially and substantially infringe upon the rights of others to engage in or listen to expressive activity are not permitted.

This policy describes the rights of members of the campus community to engage in expressive activities and provides for procedures and restrictions that are intended to protect the interests of the University and the campus community. To the extent any part of this policy conflicts with an applicable law or constitutional provision, then the relevant law or constitutional provision shall control. Such laws and provisions include the First Amendment to the U.S. Constitution; Article 2, Section 6, of the Arkansas Constitution; Act 184 of 2019, codified at Ark. Code Ann. § 6-60-1001 et seq.; and Act 614 of 2023, codified at Ark. Code Ann. § 6-60-1401 et seq.

II. Definitions

A. “Expression” means any lawful verbal or written means by which an individual may communicate an idea to another individual

B. “Campus Forum” means (1) an outdoor area of campus (as defined below) or (2) any non-academic and publicly open portion of a facility that this state-supported institution of higher education has traditionally made available to members of the campus community for expressive purposes.

C. “Member of the Campus Community” means an enrolled student, an administrator, faculty member, staff member, registered student organization, a group seeking official recognition as a registered student organization, or an invited guest of any of the foregoing persons or groups.   

D. Large-Scale Event” means (1) an event that involves the use of amplified sound; (2) an event that involves the placement of a stage, carts, vehicles, trailers, or multiple tables; or (3) a parade, demonstration, or similar planned event that: (a) can reasonably be expected to attract 50 or more people, including participants and spectators or (b) can reasonably be expected to require additional security, crowd control, or other substantial University resources. A Large-Scale Event does not include a spontaneous, contemporaneous assembly of members of the campus community.

E. Non-Member of the Campus Community” or “Non-Member” means all persons, groups, clubs, or other organizations that do not come within the definition of “Member.” 

F. “Registered Student Organization” or “RSO” means an organization (including a club) comprised of University students that is registered with the campus office of student involvement and leadership.

G. “Outdoor Area of Campus” means the generally accessible outside areas of the campus of a state-supported institution of higher education where members of the campus community are commonly allowed, including grassy areas, walkways, and other similar common areas. “Outdoor Area of Campus” does not include outdoor areas where access by the majority of the campus community is restricted. 

H. “Student” means any person who is enrolled on a full-time or part-time basis at this institution.  

III. Applicability of Other Policies

          This Policy shall, wherever possible, be construed in a manner that is consistent with other University and campus policies. Those policies may include (but are not limited to) the following:

A. Facilities Use

The utilization of campus facilities is generally governed by Board of Trustees Policy 705.1, University of Arkansas Systemwide Policies and Procedures 715.1, and applicable campus policies on facilities use.

B. Academic Freedom

This Policy shall not be interpreted as limiting, expanding, or otherwise affecting the rights and obligations of faculty as set forth in Board of Trustees Policy 405.1.

C. Discrimination and Harassment

This Policy shall not be interpreted as allowing any speech that would constitute impermissible discrimination or harassment under an applicable state or federal law or campus policy. 

IV. Time, Place, and Manner Guidelines

The University shall not restrict the expression of a member of the Campus Community in a Campus Forum based on (1) the viewpoint of the expression or (2) reaction or opposition from listeners to or observers of the expression. A Campus Forum may be used for expressive activities so long as they meet the following requirements:

1. A member of the Campus Community may not materially disrupt a previously scheduled or otherwise reserved activity. 

2. An expressive activity must not violate local ordinances, state laws, federal laws, this policy, or another University policy regarding: 

a. Compliance with state and federal laws on discrimination and harassment; or

b. The productive and efficient operation of an instructional or work environment.

3. The duration of the expressive activity may be limited to a reasonable period of time, based on the type of event and the resources required to manage it. 

4. There shall be no obstruction of entrances or exits to buildings, driveways, parking lots, or other campus locations.  

5. An expressive activity must not disrupt vehicular traffic, pedestrian traffic, or scheduled University programs or events. A speaker’s use of walkways or other common areas may not block the free passage of others or impede the regular operation of the University.

6. An expressive activity must not create unreasonable safety risks.

7. There shall be no alteration, modification, defacement, or destruction to University-owned or University-leased property.

8. Expressive activities are subject to any campus policies on the permissible posting of signage, use of chalk, or other alterations to University structures.

9. The erection of tents or any temporary structures must be inspected for safety and approved by the Occupational Safety Coordinator or designee.  Construction of other structures is not permitted.

10. The location for the expressive activity must be left in its original condition at the conclusion of the event, and individuals are responsible for ensuring that any trash or litter is properly discarded. Any person or entity that causes damage to University-owned or controlled property will be responsible for paying any charges necessary to return the property to its original state. Similarly, reasonable cleaning charges may be assessed.

11. Amplification equipment such as loudspeakers are allowed only with prior permission from the Associate Vice Chancellor and Dean of Students or designee. Such requests will be evaluated for the potential disruption of regular University activities or processes.

12. Expression that is obscene, defamatory, or consists of fighting words or threats of physical harm, incites imminent lawless action, or is otherwise not entitled to First Amendment protection is not permitted.

13. Except as provided in other University policies, University property may not be used for the purpose of promoting a commercial enterprise or raising money for projects not connected with a University activity.

14. By making a reservation or using a University space for expressive activity, the organizer agrees to be financially responsible for all costs associated with the use of the space-including (but not limited to) security costs related to invited participants, clean up, and repair of damage to University property. Moreover, if warranted by the nature of the event, the University may require a requestor to obtain appropriate liability or other insurance coverage and/or to indemnify the University, its officials, and employees for any claims pertaining to the use of University grounds.

15. Only official academic and administrative units of the University, University-related foundations and the University alumni association, and registered student organizations with approval of their faculty advisor, are allowed to reserve outdoor spaces during “dead days,” any official final examination periods, or the dates of any Official University Commencement activities.

16. Unless officially authorized to do so, no person engaging in expressive activity may represent or give the impression that the person or organization is speaking on behalf of the University, including through the use of the University name, marks, images, or logos. Communications regarding an event may factually state a university location for an event, but shall not state or imply University sponsorship or endorsement of an event unless it is in fact conducted by the University.

17. First priority for use of Campus Forums shall go to the University’s academic and administrative units, and the University reserves the right to modify or cancel reservations accordingly. All uses of the University’s indoor and outdoor spaces remain subordinate to the University’s right to use them at any time to advance the mission of the institution.

18. Event organizers shall make available accurate contact and event information to University officials to enable communications regarding compliance with University policies, including as necessary regarding event security and crowd control arrangements. 

V. Expressive Forums and Reservation Requirements

A. Use of Campus Forums 

Members of the Campus Community are encouraged to make a reservation to engage in an expressive activity at a Campus Forum at least 3 days in advance of any planned use. Members of the Campus Community must make a reservation for any Large-Scale Event and receive prior approval from the [] at least 3 days in advance of any planned use of a Campus Forum. Members of the Campus Community may, however, spontaneously and contemporaneously assemble, speak, and distribute literature at Campus Forums without receiving prior approval, but they are otherwise subject to the provisions of this policy.

Non-Members of the Campus Community must make a reservation and receive prior approval from the [] at least 3 days in advance of any planned use of an Outdoor Area of Campus. Non-Members of the Campus Community may not use indoor areas unless authorized pursuant to the campus policy on facilities use.

B. Reservation Preference

In instances in which prior permission from the University is not required, persons are still encouraged to contact the Associate Vice Chancellor and Dean of Students for scheduling purposes to minimize possible conflicts. Persons with a reserved space will have priority over any other persons seeking to use the area during the scheduled time period for an expressive activity.

C. Reservation Requirement for Other Locations

There are certain additional locations on campus, including certain indoor facilities, that may be made temporarily available to Members or Non-Members of the Campus Community for assemblies, debates, or other expressive activities as designated by the University. Examples of such locations vary by campus but may include building foyers and auditoriums. The use of such locations may entail security concerns, scheduling conflicts, or resource constraints. Where allowed, persons desiring to use such locations may request a reservation pursuant to facility-specific policies. Approval of reservations may be conditioned on acceptable security arrangements, insurance, or payment of fees.

Other locations on campus are typically restricted for their intended purpose and cannot be reserved for expressive activities. Examples of such locations vary by campus but generally include the following: libraries, the hallways and classrooms in academic buildings, dormitory rooms, faculty and staff offices, administration buildings, medical treatment facilities, research and computer labs, and athletic fields and facilities.

D. Registered Student Organizations, Organized Demonstrations and Large-Scale Events

The right to freedom of expression includes organized demonstrations. At the same time, this right does not allow individuals to materially disrupt the University’s operations or endanger the safety of others. Accordingly, Large-Scale Events must receive prior approval from the Associate Vice Chancellor and Dean of Students at least 3 days in advance of the event or activity.

The University will work with the requesting person to either approve the request or find a suitable time and location. To ensure safety on campus, the University may require the requesting party to provide a parade route, hire security, ensure ingress and egress to facilities, or take other steps to maintain the safety of campus. Demonstrations and protests are not permitted in buildings. All participants must follow applicable laws and policies.

E. Denials and Revocations

A denial or revocation of permission to engage in an expressive activity shall generally be based on a reason set forth in this policy or other applicable policies of the Board of Trustees or University of Arkansas System. However, no policy can address every possible activity or situation that may occur on University property, and the University reserves the right to address such situations as circumstances warrant. Any decision to deny a reservation for a Campus Forum shall be promptly communicated in writing to the requester and shall set forth the basis of the denial. Any such denial must be based on clear, viewpoint-neutral criteria.

F. Grievances

Anyone aggrieved by the application of these rules or an alleged abridgment of free speech on campus may submit a written grievance within 10 days to the decision Vice Chancellor for Student Affairs or designee.

VI. Sanctions and Enforcement

Violations of this policy by Members of the Campus Community may result in review and sanctions under applicable University policies and procedures, including, but not limited to, the campus code of student conduct, employee handbooks, and campus nondiscrimination policies. Violations of this policy by other persons may result in removal from campus or arrest. Members and Non-Members of the Campus Community may also lose their privileges to use campus grounds and facilities in the future, in addition to criminal sanctions. Any criminal proceedings are separate from the University’s sanctions. The University will enforce this policy in a content-neutral manner.

Commercial Speech and Solicitation

Solicitation and Fundraising Activities

The buildings and grounds of UAFS are owned by the Board of Trustees of the University of Arkansas, exist for, and are exclusively devoted to use for, the conduct of an organized and approved university program of higher education. As such, these buildings and grounds are committed to being used for the nonprofit, tax-exempt use of the official program of the university. Therefore, private business activities are not permitted on university premises. However, in certain limited areas, the university contracts with private firms to provide needed on-campus services for the convenience of students, faculty, and staff that contribute to the accomplishment of the university’s educational purposes.

Student Solicitation and Use of Funds

University student organizations or independent student organizations that receive university moneys must account for their expenditures in the manner of the regular university departments.

These organizations are permitted to use university facilities for fundraising purposes, which may be directed toward philanthropic pursuits, defined here as determined by the Internal Revenue Service to be nonprofit and tax-exempt, and that funds raised in this manner shall not be made directly available to an individual or individuals.

Sponsorships

Private businesses may sponsor student events, but not in conjunction with any solicitation of students, directly or indirectly, whether for memberships or other business relationships.

Canvassing and Solicitation

Merchants or students may only sell goods or services to residence halls, sororities, fraternities, and other campus groups on specific occasions when the campus organization has requested a particular service or when such service is directly relevant to the purpose of that organization. Under no circumstances is door-to-door or public selling, soliciting or canvassing permissible. Upon such request, the Office of the Vice Chancellor for Student Affairs or, in the case of residence halls, the University Housing Office will issue the merchant an official pass identifying them as a legitimate campus solicitor in keeping with this policy. Failure of a solicitor to obtain the appropriate identification to sell on the university campus may lead to a request of action by civil authorities. Specific procedural guidelines should be sought from the vice chancellor for student affairs. No handbills or other items may be placed on vehicles on any UAFS property.

Handbills

It is against the city ordinance codes to deposit any commercial or noncommercial handbill or advertisement in or on public streets, sidewalks, areas, or buildings within the city. It is against the city ordinance codes to deposit any commercial or noncommercial handbill or advertisement in or on private property with the city without the permission of the owner or occupant of the premises. (Fort Smith City Ordinance Section 14-51.)

Sleeping Overnight on Campus

No student, employee, or visitor to UAFS may camp, construct any form of shelter or sleep overnight on the university’s property unless said activity is formally approved in advance by university administration. This includes sleeping overnight in any non-residential campus facility or sleeping inside vehicles parked on university property.

Parking and Traffic Policies

Statement of Policies

For more information, please visit the UAFS parking website at uafs.edu/upd/parking.

A UAFS parking permit is required to park on campus. The purchase and display of a valid parking permit does not guarantee the holder a specific parking space. It is the sole responsibility of the vehicle driver to locate a valid parking space. These regulations are applicable to all members of the university community, which shall include but is not limited to, UAFS students, faculty, staff, visitors, and vendors. Parking enforcement is conducted 24 hours a day, seven days a week, 365 days a year.

A. General

1. A vehicle is defined as a motorized means of transportation that is licensed by the state (if applicable) and must adhere to all state and campus regulations. Vehicles may not drive on sidewalks unless approved by University Police.
2. Anyone who utilizes university parking facilities, including but not limited to, faculty, staff, and students, must have a current UAFS parking permit visible and properly displayed and shall be responsible for the registered vehicle and any citation(s) issued to that vehicle.
3. If a vehicle receives a citation while parked on the UAFS campus and it has not been properly registered, the owner of that vehicle shall be responsible for the citation.
4. The university shall assume no liability or responsibility for any vehicle parked on campus property.
5. Motorcycles and scooters are subject to the regulation governing motor vehicles.
6. The owner of a disabled vehicle located in a parking lot shall notify the Parking Program Office or the University Police Department within 30 minutes of the disability or the vehicle is subject to be towed and/or ticketed at the owner’s expense. The owner of a disabled vehicle parked improperly shall be responsible for moving the vehicle within 24 hours. A disabled vehicle on the roadway must be moved as soon as a wrecker or other appropriate means can be employed.
7. Any repairs made to vehicles which will create a nuisance, safety hazard, or cause property damage shall not be performed on campus. Violators are subject to revocation of parking privileges and permit.
8. Anyone who needs temporary parking for a trailer should contact the Parking Program Office or University Police to make appropriate arrangements.
9. A red curb and/or sign designates a fire zone, and no parking is permitted. Loading and/or unloading is only allowed where indicated by the appropriate signage.
10. Warning violations will be issued the first week of classes of each semester to vehicles without permits and that have not been previously issued a parking citation. Exceptions are handicap spaces, loading zones, and unauthorized parking areas.
11. A UAFS parking permit is required in order to utilize university parking facilities.
12. A vehicle shall be registered to one person only.

B. Visitors

1. Visitors parking on campus shall obtain and display a visitor permit on their vehicle. Visitor permits may be obtained prior to campus arrival by contacting the Parking Program Office at parking@uafs.edu or University Police at upd@uafs.edu. They can also be picked up in person at the Parking Program Office at the University Police Department in the 51st Annex.
2. Whenever possible the host, whether student, faculty, or administrator, should obtain visitor parking permits for guests.
3. University Police shall provide visitor permits to event coordinators when requested. An event coordinator should contact the parking program coordinator via email at parking@uafs.edu or University Police for specific instructions at least two weeks in advance of the event.
4. Visitor parking permits are valid for a maximum of three (3) days unless otherwise specified by University Police.

C. Operation of Vehicle

1. Observe all campus traffic and parking signs. Posted signs shall supersede this written policy.
2. The maximum speed limit on campus is 15 mph. Violators are subject to university citation.
3. State and city motor vehicle and traffic laws are included in the university’s motor vehicle regulations governing the use of vehicles on the university’s campus.
4. No one is permitted to drive around or over any barricade erected to control traffic or parking, or to alter, deface, remove, or destroy any traffic or parking control device.
5. A vehicle operator shall comply with instructions given by a University Police officer (voice, gesture, or whistle).
6. Vehicles shall not be parked against the flow of traffic.

D. Parking Areas

1. A resident parking permit (orange in color) is required in those areas (Sebastian Commons). Sebastian Commons residents are only permitted to park in areas designated for orange permits.
2. Sebastian Commons parking is restricted 24 hours a day and an orange permit shall be required.
3. Commuter student parking (blue or green in color) is permitted only in areas designated for commuter student parking. A displayed permit is required in these areas. A commuter student is defined as a student who resides off campus and commutes to the university for classes.
4. Faculty/Staff and Commuter Student parking is restricted 7 a.m. to 5 p.m., Monday through Friday unless otherwise posted.
5. Faculty/Staff parking is permitted in areas designated as faculty/staff or commuter student. A faculty/staff permit (blue in color) is required in these areas.
6. Only vehicles with a state-issued physically disabled license plate or hang tag shall park in designated physically disabled spaces. A UAFS parking permit is also required.
7. Visitor parking is designated for visitors only from 7 a.m. to 5 p.m. Monday through Friday unless otherwise posted. Any vehicle with a non-visitor permit displayed shall not park in visitor parking and shall be subject to citation for parking in an area designated for others.
8. If a UAFS student who resides in university housing is a member of the immediate family of a UAFS employee with a faculty/staff permit, they may not park that registered vehicle in resident student areas.
9. No vehicle shall display more than one current parking permit.
10. Only those designated people will use spaces that are specifically designated by a sign. These areas shall be reserved 24 hours a day, seven days a week.
11. Motorcycles and scooters are allowed to park in areas designated for motorcycles and scooters by signage and lot striping. All motorcycles and scooters must display a valid UAFS motorcycle/scooter parking permit.

E. Restricted Parking

1. See 4 above in D. Parking Areas. Also, parking in Lot R is reserved 24 hours a day, seven days a week.
2. Parking spaces with posted signs indicating specific restrictions (ex: college deans) will be reserved 24 hours a day, seven days a week.

F. Permits

1. All UAFS parking permits are available at the Parking Program Office, located in the University Police Department 51st Annex building. Temporary and visitor parking permits are also available at the Parking Program Office from 8 a.m. to 5 p.m. Monday through Friday and at the University Police Department 24 hours a day, seven days a week.
2. All parking permits expire on Aug. 31 of each year.
3. Temporary parking permits are available free of charge for any valid permit holder who brings a different vehicle to campus other than their original registered vehicle. Temporary permits are valid for a maximum of two (2) weeks. Please contact the Parking Program coordinator or University Police if an extension of two (2) weeks is necessary.
4. If your student status changes at any time throughout the academic year, you may exchange your current parking permit free of charge at the Parking Program Office in the Campus Center to reflect your change in status.
5. No refunds will be issued for parking permits reported lost or stolen. The permit owner shall be responsible for purchasing a replacement permit. Lost or stolen permits shall be reported immediately to the Parking Program Office or to University Police. Failure to properly report a lost or stolen permit could result in the owner of the permit being responsible for any or all citations issued to the permit.
6. No one shall register a vehicle on campus belonging to another individual without permission of the legally registered owner of the vehicle.
7. A parking permit shall only be displayed on the vehicle to which it is registered.
8. Parking permits not properly displayed in the vehicle shall be subject to citation for failure to properly display a permit.
9. Students who work part-time for the university as staff members are not entitled to a staff permit.

G. Special Permits

1. All vendors are required to register their vehicles and obtain a vendor parking pass at the Parking Program Office in the 51st Annex Building.
2. University parking facilities are restricted to use by those who participate in university functions, activities, or business on campus.

H. Display of Permit in Vehicle

1. Sticker-style parking permits are to be completely affixed to the lower right portion of the front windshield (passenger side) in plain view, with the permit number visible, and by its own adhesive.
2. Hang tag style permits and visitor permits shall be hung on the rear view mirror of the vehicle being used that day with the information clearly visible through the windshield.
3. Motorcycle and scooter permits are to be affixed to the right front fork or fender of the vehicle, in plain view, and with the number visible.

I. Replacement of Parking Permits

1. A permit holder who becomes ineligible for parking privileges must remove the permit and return it to the Parking Program coordinator or University Police.
2. When transferring a vehicle, before a no-charge replacement permit will be issued, the old permit must be presented at the Parking Program Office in the Campus Center. If you are unable to recover the permit for any reason, any of the following will be accepted as proof the permit is not recoverable:
   1. a copy of the bill of sale
   2. transfer of title
   3. accident report indicating the windshield was damaged or the vehicle was totaled
   4. any other appropriate documentation

J. Payment of Fines

1. Fines shall be paid online or at the Cashier’s Office on the second floor of the Campus Center.
2. All citations issued are subject to billing through the Cashier’s Office.

Failure to pay fines may result in withholding of transcripts, class registration, and/or formal collection efforts (including liens through the state income tax system).

K. Appeals

If a visitor, student, staff, or faculty member believes the citation was issued in error, he/she has the right to appeal to the Traffic and Parking Appeals Committee. This appeal must be received in Parking Program Office or the University Police office within five (5) days of receipt of the citation or billing notice from the University. Late appeals shall not be considered, except for extenuating circumstances. Appeal forms are available online at the University Police website under the Parking Program or at the Parking Program Office. The appellant shall be notified of the committee’s decision via email. The Committee shall consist of a faculty member, a student, and a staff member. A second appeal option is available for those whose first appeal was denied. This appeal must be done in person to the Appeal Committee. Fill out the parking violation appeal form online at https://uafs.edu/upd/parking-appeal-form.

L. Revocation

1. The director of University Police may suspend or revoke a driver’s parking privileges when violations exceed 12 during the permit year (Sept. 1 through Aug. 31).
2. All revocations made by the director of University Police shall be effective for the remainder of the permit year in which the revocation order is issued, or as otherwise noted.
3. Student parking privileges may also be revoked by the vice chancellor of student affairs, the Student Conduct Board, and the chief conduct officer.
4. Payment or appeal of any traffic citation does not exempt one from the standard revocation procedure.

M. Towing and Immobilization Policy

Vehicles may be towed or immobilized for the following reasons:

1. parking on campus after a permit has been revoked
2. accumulating 6 or more violations per vehicle within the permit year
3. blocking fire lanes or fire hydrants
4. obstructing pedestrian or traffic lanes or creating a hazard
5. abandoning a vehicle
6. blocking loading zones
7. blocking or impeding snow removal
8. parking in a designated handicap area without a valid handicap permit
9. parking in a reserved or blocked off area
10. not displaying proper campus registration
11. as University Police personnel deem necessary for safety, security, or any campus operation

N. Traffic Enforcement

1. University Police officers will enforce violations of Arkansas’ general motor vehicle laws or university policy that occur on its campus roads in accordance with the 2015 Arkansas Motor Vehicle and Traffic Laws and State Highway Commission Regulations. Such violations will have the same effect as though such had occurred on Fort Smith city streets. Citations will be issued and collected upon or through UAFS and/or the Fort Smith District Court.

Use of Roofs and Exterior Walls of Buildings

Per University of Arkansas System Policy 720.1, UAFS buildings’ roofs and exterior sides are not intended for general use. No rooftop research or classroom use is permitted, and no machinery, equipment, antennae, greenhouses, or other property may be installed on roofs or roof edges without the written permission of the director of plant operations. Rappelling and climbing are expressly prohibited.

Involuntary Withdrawal from the University for Non-Academic Reasons

When a student’s behavior is deemed to constitute a likely danger to other parties, or is disruptive to the university community, the university may take the necessary action to protect the student in question and any other people.

Such action may include mandatory withdrawal from the university, disciplinary action or notification of the student’s parents or guardians (even if the student is 18 years or older). Disciplinary action will generally follow the procedures and sanctions outlined in the code. In the case of behavior indicating danger to others or disruption to the university community, the university reserves the right to require the student to provide documentation of a psychological or medical evaluation assessing the student’s state and validating the individual’s readiness to continue in or return to the university environment. Such documentation will be submitted to the vice chancellor for student affairs and will be used to determine the terms of continuation or reinstatement of the student.

Danger to others may include multiple suicidal attempts, gestures, or repeated intentional self-injury, threats, or acts of assault, and behaviors that necessitate extraordinary or unusual measures to monitor, supervise, treat, protect or restrain a student to ensure their safety and safety of others.

Students who refuse or are unable to cooperate with required assessments or treatment, or those whose psychological or physical condition suggests a disorder (such as eating disorder or psychosis) that is observed to deteriorate to the point of permanent disability or inability to function in the university environment, may also be deemed a danger or disruption to the university community. Included in this description are students whose physical or psychological disorder requires specialized services beyond those available on campus or in the local community and whose condition will deteriorate without additional resources.

Decision makers, normally the vice chancellor for student affairs or provost, will confer if necessary with appropriate parties before reaching these decisions.

Federal Trafficking Penalties

Learn more by visiting the DEA website.  

Federal Trafficking Penalties - Marijuana