university_policies_header.gif (5183 bytes)

ALCOHOLIC BEVERAGES
A student possessing and/or using alcoholic beverages in residence halls will face disciplinary action and may lose his/her room on campus. Students must recognize their responsibilities under the law. The Pennsylvania Crimes Code (Section 6308) clearly provides that it shall be unlawful for a person less than twenty-one years of age to purchase, attempt to purchase, consume, or to transport any alcohol, liquor, malt or brewed beverages within the Commo nwealth. Students will be cited for violation of this law. The University community urges students to maintain good conduct and obey laws on and off campus, but it cannot be responsible for enforcing laws at off-campus activities. However, the University reserves the right to take disciplinary action against stu dents who violate laws during off-campus activity. When the University administration is aware that an "open" party is being held off campus, the Pennsylvania State Police will be notified in accordance with the University's legal responsibilities.

ANIMAL POLICY
Pets, especially dogs, are permitted on campus only under the direct control of the owner and on a leash, chain, or other device which secures its control by the owner. Pets are not permitted in any buildings of East Stroudsburg University. Service anima ls are the only exception. Confining a pet by chain, leash or other means (i.e. tied to a tree, railing, etc.) on the University grounds is prohibited. Allowing pets to run free on campus is also prohibited. University Police are authorized to pick up any pets in violation of thes e rules. Such pets will be taken to the Monroe County SPCA shelter. The pet's owner is responsible for any costs incurred in this process. These regulations complement existing state and local laws. Any student who has a pet on campus in violation of these rules is subject to disciplinary action under the Student Code of Conduct.

SOLICITING AND SALES
Soliciting and selling for private or commercial gain are not permitted on the University campus. Student groups may apply to the appropriate office for permission to solicit: Residence Halls (Office of Residence Life, Shawnee Hall) Dining Hall (Student Affairs Office, 115A Reibman Building) University Center and specified campus locations (Director of the Student Activity Association, second floor, University Center). Exclusive permission has been given to the Stony Acres Board to operate vending and laundry services within the residence halls. Profits from the operation of the services are used in the development of Stony Acres. The funds are also used to help furnis h and repair recreation facilities, to purchase recreational equipment and to supplement the recreation program.

INVOLUNTARY ADMINISTRATIVE WITHDRAWAL FOR REASONS OF MENTAL HEALTH
Introduction
Some students may behave in ways that endanger themselves, others or University property. In such cases, the student may be subject to involuntary administrative withdraw from the University to seek treatment.
Policy
A student will be subject to involuntary administrative withdrawal from the University for mental health reasons if a licensed psychologist or psychiatrist determines that the student is suffering from a mental disorder and as a result of that disorder e ngages or threatens to engage in behavior which:
1. poses a danger of causing physical harm to self or others;
2. would cause significant property damage;
3. substantially impedes the day-to-day activities of others;
4. indicates that the student is unable to successfully complete current academic and classroom requirements at the University.
The total time of an involuntary administrative withdrawal is established by the Vice President for Student Affairs in consultation with the Director of the Counseling and Psychological Services Office (or designee). Students may not return to the University until they no longer show the behavior that resulted in the administrative withdrawal. This must be determined by a licensed psychologist independent of East Stroudsburg University in conjunction with the recommendations of the Director of the Counseling and Psychological Services (CAPS). The conditions under which the student may return will be established by the Vice President for Student Affairs (or designee).
Guidelines and Procedures
1. Referrals for evaluation should be submitted to CAPS and/or the Office of the Vice President for Student Affairs. In emergency situations, University Police should be notified immediately.
2. The Director of CAPS (or designee) will submit an evaluation of the student's condition with supporting documentation. The student may be referred for evaluation by a licensed psychologist or psychiatrist chosen by the institution. In situations where the student is hospitalized, an evaluation by a psychiatrist or psychologist from the hospital's mental health unit will be required.
3. The student will be given the opportunity to appear before the Vice President for Student Affairs and the Director of the Counseling and Psychological Services Office (or designee) to review the reasons for the involuntary administrative withdrawal.
4. The student will be notified in writing at least five working days prior to the informal hearing and be informed of the reasons for the involuntary administrative withdrawal.
5. The informal hearing shall be conversational and non-adversarial. The Vice President for Student Affairs shall exercise active control over the proceeding.
6.. The student may choose to be accompanied at the informal hearing. Those accompanying the student will be permitted to participate in the discussion.
7. The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.
8. The Vice President for Student Affairs (or designee) may permit a University official and the mental health professional who prepared the evaluation to appear at the informal hearing and to present evidence in support of any withdrawal recommendation. The informal hearing shall be tape recorded by the Vice President for Student Affairs (or designee).
9. A written decision shall be rendered by the Vice President for Student Affairs within five days after completion of the informal hearing. The written decision should contain a statement of reasons for any determination leading to involuntary withdrawal . The student should also be advised as to when a petition for reinstatement would be considered, along with any conditions for reinstatement.
10. The decision of the Vice President for Student Affairs may be appealed to the President of the University for one of the following reasons:
a. Lack of due process,
b. Lack of substantial evidence, and
c. New evidence that has become available which would substantially change the nature of the case.
11. An appeal must be filed within three days of receipt of the written decision. The President's decision is final and conclusive.
12. Reasonable deviation from these procedures due to crisis and/or emergency situations will not invalidate a decision or proceeding unless significant prejudice to a student may result.

STUDENT RIGHT-TO-KNOW AND CAMPUS SECURITY ACTS AND THE 1992 HIGHER EDUCATION AMENDMENTS
The Federal Student Right-to-Know and Campus Security Acts and the 1992 Higher Education Amendments require the University to publish annual campus security reports. These reports include statistics on campus crimes and arrests for certain specified cate gories of offenses, particularly sex offenses, and describe University policy related to campus security. Rape, acquaintance rape, or other sex offenses (forcible or non-forcible) should be reported to the University Police. THE UNIVERSITY URGES SEX CRIME VICTIMS TO REPORT SUCH OFFENSES. In matters involving an alleged sex offense the accuser and the accused are entitled to the same opportunities to have others present during the disciplinary hearing. Both the accuser and the accused shall be informed of the outcome of the disciplinary h earing. A student who believes he/she is the victim of a sexual assault has the option of notifying the proper law enforcement authorities, including on-campus or off-campus police. Campus personnel are available to help victims notify the authorities.

DRUG FREE SCHOOLS AND CAMPUSES ACTS
The Federal Drug Free Schools and Campuses Act Amendments of 1989 (Section 22, Drug Free Schools and Campuses) requires the University to provide students with information about drug policies, standard of conduct that prohibit illegal drug and alcohol us e, a description of applicable legal sanctions, a description of drug or alcohol support services and a description of the health risks associated with the use of illicit drugs and the abuse of alcohol. Various sections of this handbook address the requirements of the law, specifically, those sections listed under University policies: Narcotics and Drugs, Alcoholic Beverages, and under the Student Code of Conduct. Drug use can directly affect a student's educational goals. Drugs interfere with the learning process by disrupting the brain's ability to take in, sort out and synthesize information. Alcoholism and drug addiction are obvious health risks associated wit h drugs and alcohol. But students should note some other risks:

. . . psychological dependency
. . . mental health problems
. . . stress
. . . driving under the influence
. . . causing physical injury to self and/or someone else because of the impairment
. . . loss of self-control
. . . distorted sense of reality
. . . physical problems (hardening of the arteries, heart palpitations, cirrhosis of the liver, pancreatic cancer, brain disease, lung disease, loss of memory, irritation of the respiratory tract, nausea, dizziness, perception problems)

There are many drug and alcohol educational programs regularly scheduled on campus during the year. Internally, the University can provide students with counseling via the Counseling and Psychological Services Office and support services to combat their abuse problem. In addition, students who require more in-depth therapy are referred to local rehabilitation and treatment programs or are given information on services located near their home. Also, many agencies and programs within the local community offer assistance and support groups for alcohol and drug abuses. Some are Alcoholics Anonymous, Al-Anon, Drug and Alcohol Commission, and Narcotics Anonymous. Nationally, there are a number of hotlines offering up-to-date information, as well as additional referral sources, i.e., Cocaine Hotline 1-800-262-2463, Drug Abuse 1-800-368-5363, National Institute of Drug Abuse 1-800-662-HELP. Students must be aware of the legal ramifications of their actions related to drug and alcohol use. Following is a summary of definitions and explanations of possible sanctions. The possession, use, or distribution of illicit drugs and alcohol at East Stroudsburg University is prohibited. Any violation of this policy can result in the person/persons involved being charged under applicable State and Federal law as well as being d isciplined by the University. The penalties include, but are not limited to, the following depending on the amounts, distribution, and types of the illicit drugs, and the possession, consumption, and distribution of alcohol to or by minors:

ILLICIT DRUG PENALTIES

Possession of controlled or counterfeit substance.
   Penalty: Misdemeanor, up to 1 year in jail, fine of up to $5000.

Purchase of controlled substance.
   Penalty: Misdemeanor, up to 3 years imprisonment and a fine of up to $5000.

Manufacture, delivery, or possession by an unauthorized person.
   Penalty: Narcotic drugs - Felony, up to 15 years imprisonment and fine of up to $250,000.

Methamphetamine - cocoa leaves, marijuana (in excess of 1000 pounds).
  Penalty: Felony, imprisonment up to 10 years and a fine of up to $100,000.

Opiates - hallucinogenic substances, marijuana.
   Penalty: Felony, up to 5 years imprisonment and a fine of up to $15,000.

Barbiturates.
   Penalty: Felony, up to 3 years imprisonment and a fine of up to $10,000.

Codeine, morphine, atropine.
   Penalty: Misdemeanor, up to 1 year imprisonment and a fine up to $5,000.

Possession of a small amount of marijuana for personal use (30 grams of marijuana or 8 grams of hashish).
   Penalty: Misdemeanor, up to 30 days imprisonment and a fine of up to $500.

Use or delivery of drug paraphernalia.
   Penalty: Misdemeanor, up to 1 year imprisonment and a fine of up to $500.

Possession of distribution of "look alike drugs" having a depressing or stimulating effect.
   Penalty: Felony, up to 5 years imprisonment and a fine of up to $10,000.

Manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance that is altered or misbranded.
   Penalty: Misdemeanor, up to 1 year imprisonment and a fine of up to $5,000.

Trafficking drugs to minors.
   Penalty: At least 1 year confinement, 2 years imprisonment if within 1,000 feet of a school, college or university.

NARCOTICS AND DRUGS
The administration of the University fully supports the established laws regarding the use of narcotics and drugs. It is in no position to condone any violation of such laws. The Code of Conduct accepted by the academic community makes this very clear. Because drug problems are often complex, the University will make every effort to help students with such problems. Students may go to the Counseling and Psychological Services Office secure that their confidence will be held by the staff. However, stude nts must remember that drug problems discovered in the normal course of administrative operations will be treated as disciplinary matters. The University will not be a haven for illegal drug use or trafficking in drugs. The University will not ordinarily involve other law enforcement agencies in solving its own problems in such matters, but it certainly will seek assistance from these agenc ies should a particular drug problem become serious, particularly that of trafficking in illegal drugs. By the same token, students should understand that the University administration will not interfere with any law enforcement agency which feels it must come on campus to resolve unlawful activity. The administration of the University asks that all members of the academic community accept their responsibilities within the framework of established laws. This will help avoid serious problems for the academic community, especially students.

SEIZURE OF CONTRABAND
The University has the right to seize any contraband found on campus.

HAZING PREVENTION POLICY
East Stroudsburg University prohibits any practice of mental or physical hazing of active, new initiates, pledges/associate members in pre-initiation ceremonies and activities. Hazing is defined as any action taken or a situation intentionally created, whether on or off University premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule during a pledge or initiation program. Any activity in whi ch the admission or initiation into the organization is directly or indirectly conditioned is presumed "by law" to be a forced activity, even if an individual is willing to participate in such activity.
Pennsylvania Act 175
Pennsylvania Act 175 of 1986 prohibits fraternities, sororities, and other student organizations from hazing applicants for membership or from hazing persons who are already members to maintain their memberships in organizations. An organization and its members are engaged in hazing if it conducts any activity, for purpose of initiation or continuing membership, which recklessly or intentionally endangers the physical or mental health of a student. This means any potentially dang erous forced physical activity; any activity which could cause a student to suffer extreme mental stress, as well as any other form of forced activity potentially harmful to the mental health or dignity of a student. Hazing activities include, but are not limited to: whipping, beating, forced calisthenics, exposure to elements, forced consumption of food, liquor, drugs, (legal or illegal) or any other substance, sleep deprivation, forced exclusion from social contact , conduct which could result in extreme embarrassment, nudity, coerced sexual activity, confinement, physical restraint, or mental harassment. An organization and its student members are also engaged in hazing if pledging, initiation or continuing membership activities cause the willful destruction or removal of public or private property. Act 175 provides that no student can consent to being hazed. Any activity falling within the definition of hazing activities is considered to be a forced activity, subjecting the organization and its members to the full range of penalties. Any organization found to have engaged in hazing may have its official recognition revoked. Any student who participates in hazing may be fined, suspended, or expelled from the University via the University judicial system. Hazing is also a criminal acti vity, and students are subject to arrest and prosecution under the Pennsylvania Crimes Code. Conviction may result in a jail term of one year in addition to any other applicable penalty under the Pennsylvania Crimes Code.

Rules Regarding New Member Education
Intent:
Any new member education program should strive for the familiarization of each rushee with active members of the chapter and with other rushees. Such a program should be meaningful, constructive, and in no way detrimental to the academic pursuits of the individual.

Basic Requirements:
1. The period of new member education shall be devoid of any activity which is in violation of the University Hazing Policy and PA Act 175.
2. New member/rushee activities may only take place between the hours of 7 a.m. and 12 midnight. Overnight activities are only permitted if they do not interfere with classes, academic achievements and/or sleep requirements. Such acceptable activities inc lude formals, group discussions, projects in the house, on campus or in the community.
3. Activities occurring outside the house must be constructive. Examples are community service projects and social events. All individual and group activities must comply with the standards established within the East Stroudsburg University Student Code o f Conduct.
4. All new members/rushees must be permitted to have three meals per day (every 24 hours). These meals must be adequate, edible, and in no way repulsive to the rushee. Furthermore, every rushee must be permitted at least eight continuous hours of sleep pe r day during the new member education period.
5. The President and New Member Educator shall be responsible for seeing that these guidelines are followed. The President and New Member Educator shall sign a statement acknowledging their responsibility to see that these guidelines are properly followed .
6. A chapter process must be in place for a pledge to question, complain, or refuse to participate in any activity. This questioning, complaining, or refusal to participate in any activity shall not jeopardize his/her goal of being initiated.
7. All alleged violations of the above rules shall be investigated by the Office of Student Affairs and may be placed before the Greek Judicial Board or the Vice President for Student Affairs for further adjudication.

Pledging:
1. By the third week of each semester, student organizations must have on file in the Office of Greek Affairs a statement certifying recognition of the compliance with the Hazing Prevention Policy. A signed certification by each pledge indicating informed knowledge of the anti-hazing policy must be turned in prior to the outset of any pledge program. The officers of each organization are responsible for informing members (pledges, associate members, affiliates, guests and alumni) of the hazing policy. This policy should be posted in a prominent place for members to see. All prospective members will b e informed of the time and place of activities and a schedule should be included in a pledge education manual.
2. Each organization must submit a detailed copy of its pledge or associate member program for that current semester to the Coordinator of Greek Affairs prior to the start of any initiation/pledge activity.
3. Any person suffering or witnessing an action in violation of this policy is expected to report the incident in a timely manner to the appropriate University officer(s) as well as to the appropriate student governing group. The organization will be subj ect to the University disciplinary procedures as well as to the consequence of appropriate statutes, to include ACT 175, for any violation of the University policies on hazing.

OFF-CAMPUS STUDENT ADDRESS REQUIREMENT
Students are required to provide local off-campus addresses and telephone numbers to the Records and Registration Office. The University has developed a local address and telephone registry to improve communications and provide service to off-campus stude nts. The University depends on local directory information for faculty contact, mailing of mid-term grades and contacting students in an emergency.

SEXUAL HARASSMENT POLICY STATEMENT
Sexual harassment is a form of sex discrimination. It occurs in a variety of situations which share a common element: the inappropriate introduction of sexual activities or comments into the working or learning environment. Often, sexual harassment invol ves relationships of unequal power, and contains elements of coercion - as when compliance with requests for sexual favors becomes a criterion for personal advancement, financial gain, academic achievement, or any other benefit that might accrue. However, sexual harassment may also involve relationships among equals, as when repeated sexual advances or demeaning verbal behavior have a harmful effect on a person's ability to study, work, or live in the academic setting.
The following types of behavior are examples of what may constitute sexual harassment:

. . . Verbal harassment including sexually offensive or chauvinistic language
. . . Inappropriate remarks about another's body, clothing or sexual activities
. . . Subtle or overt pressure for sexual activity
. . . Inappropriate touching, patting or pinching
. . . Leering or ogling another's body
. . . Generalized sexist remarks or behavior
. . . Inappropriate and offensive uninvited sexual advances
. . . Solicitation of sexual activity or other sex-linked behavior by promise of reward
. . . Sexual assault
. . . Coercion of sexual activity by threat of punishment

Policy Statement
East Stroudsburg University, consistent with its efforts to foster an environment of respect for the dignity and worth of all members of the University community, holds that sexual harassment of students and employees is unacceptable and impermissible conduct.
All members of the East Stroudsburg University community are responsible for knowing this policy. Academic and other administrators are responsible for referring to the Director of Social Equity complaints of alleged or actual sexual harassment including incidents where reprisal for reporting sexual harassment has occurred. The following persons have been designated to provide information, support, and assistance for issues of sexual harassment and institutional climate that adversely affects and discriminates against students and employees on the basis of gender:

Melvin Gillespie
Director of Social Equity
Rm. 210, Reibman Bldg.
422-3656
Valerie M. Hodge
Vice President for Student Affairs
Rm. 115A Reibman Bldg.
422-3463
Anthony Drago
Assistant Professor
of Psychology
Third Floor, Stroud Hall
422-3499
Mollie B. Whalen
Director, Women's Center
Rosenkrans East
422-3472
Patricia Newhart
Chairperson, Staff Development Committee
Rosenkrans East
422-3424


These persons will hold inquiries and private discussions, helping the individual understand all options available, and supporting decisions about what action, if any to pursue. A complaint may be pursued through an informal and/or a formal process. The informal process seeks to mediate a resolution of the complaint. The formal process may carry with it warning, suspension, or other appropriate sanction. For a more detailed copy of the policy, or if you have questions, contact the Office of Social Equity at 422-3656.

SEXUAL OFFENSES
Policy
East Stroudsburg University will not tolerate violence toward and abuse of persons, including sexual harassment, rape and other sexual offenses. When there is probable cause to believe that violations of University regulations prohibiting sexual harassmen t and assault have occurred, the University may pursue strong judicial action through its own channels. The penalties for such behavior will be severe, including the possibility of suspension from the University. A person charged with sexual offenses may be prosecuted both under Pennsylvania Criminal statues and disciplined under the University Code of Conduct. The University may pursue judicial action in all cases even if the criminal justice system authorities d ecide not to prosecute because of insufficient evidence or by choice of the victim. All members of the University community are encouraged to report immediately incidents of rape, assault and harassment to campus or local police. The Office of Social Equity has been designated to respond to questions about of allegations of sexual harass ment. Residence staff will be informed as soon as possible if the occurrence involves a student who resides in University housing. The student will be afforded care and support in any disciplinary proceedings that follow. The consent of the victim or credible testimony of a witness is necessary for the university judiciary process or criminal process to proceed.

Definition of Sexual Offenses
A. Peer Sexual Harassments includes intentional persistent, malicious, lewd or other verbal or physical behavior with sexist or sexual connotations which annoys, bothers, disconcerts or embarrasses another by communication via media, telepho ne or printed material. Specific types of sexual harassment include but are not limited to, those items listed below; they do not limit the scope of the charges that may be brought to only these acts.

1. verbal harassment or abuse
2. subtle pressure for sexual activity
3. sexist remarks about a person's clothing, body, or sexual activities
4. unnecessary touching, patting or pinching, leering or ogling of a person's body
5. constant brushing against a person's body
6. demanding sexual favors accompanied by implied or overt threats
7. physical assault
B. Rape is generally defined as forced sexual intercourse, vaginal, oral or anal, that is perpetrated against the will of the victim. The assailant may be a stranger or acquaintance. The type of force may include physical violence, coercion, or thr eat of harm to the victim. Charges of rape may also be considered if the sexual offense involves penetration as in sodomy, oral copulation, and rape by a foreign object.
C. Other sexual offenses may include indecent exposure, the unwanted touching of an intimate part of another person such as, but not limited to, sexual organ, buttocks or breast. The tearing off of a victim's clothes or touching an intimate part o f the body against a person's will is also considered a sexual offense.

Process and Penalties
Sexual offenses, such as rape and all forms of harassment by students, are major violations of the Student Code of Conduct and a student found responsible by the student judicial process is subject to suspension or dismissal from the University. Any student, like non-student members of the University community, is subject also to charges through the criminal justice system for those acts which violate legal statutes. A student found guilty of sexual offenses by legal statues may also be subject to suspension or dismissal from the University.

Victim's Rights in Sexual Offenses, Rape and Harassment Hearings
Because of the emotional trauma experienced by the victim and because the University considers rape and sexual offenses to be acts that cannot be allowed in its special community, the following rights of a victim will be afforded in all University hearing procedures:

A. to report the rape or sexual offense to the Office of the Coordinator of Judicial Affairs, the University Police and/or local police for adjudication in both or either jurisdiction.
B. to have every effort made to provide confidentiality.
C. to contact supportive agencies such as a Rape Crisis Center.
D. to be free from intimidation or harassment by the alleged perpetrator or others.
E. to request a change of living arrangements or those of the alleged perpetrator while all proceedings transpire.
F. to have an attorney present and be advised by an attorney at all steps of the process at the student's personal expense.
G. to select a person of choice to accompany him/her through all University judicial processes or in criminal proceedings as allowed by the court.
H. to protection against discussion of past sexual history during the hearing.
I. to remain present during the entire proceedings.
J. to be informed of the outcome of the hearing.
K. to make up any academic work missed while participating in judicial or criminal proceedings.

Victim's Services at the University and Elsewhere The student is encouraged to report rapes and sexual offenses to the University Police Office immediately either by the individual or through a University staff member. The student will be informed of the medical and counseling services available both on and off-campus. The victim may have another person accompany him/her through the process. The Office of the Coordinator of Judicial Affairs will advise the student on the Student Code of Conduct process. The Office of Social Equity will respond to questi ons about, or allegations of sexual harassment by persons who are in authority over a student such as a faculty member, staff or employer.
The 1992 Ramstad Amendment
What follows is a summary of the procedures, policies and practices required by the 1992 Ramstad Amendment to the Higher Education Reauthorization Act (the Campus Sexual Assault Victim's Bill of Rights) (H.R. 2363):

SMOKING POLICY
Smoking is Prohibited in any area not specifically designated "Smoking Permitted."
For a complete copy of the policy or if you have any questions, contact the University's Safety Officer at 422-3235.


http://www.esu.edu/judicialaffairs/universitypol.html