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TABLE OF CONTENTS

UNIVERSITY POLICIES, RULES AND REGULATIONS1
 First Amendment Freedoms of Speech, Assembly, and Expression           1
 Joint Statement on Rights and Freedoms of Students1
 Annual Notice of Student Rights Under
the Family Educational Rights and Privacy Act (FERPA)		  1
 Release of Directory or Public Information3
 General Policies Regarding Records   3
 Limiting of Records and Registration Services       4
 An Act to Prohibit Hazing in any School, College, University, or Other Educational Institution in Arkansas, and for Other Purposes            4
 UALR Policy on Discriminatory Harassment and Equal Opportunity        5
  Sexual Harassment Policy      5
  Sexual Harassment Defined    6
  Policy Rationale 6
  Examples of Sexual Harassment 6
  Consensual Relationships 7
  Grievance Procedures 7
  Responsibility to Report 8
  Confidentiality Protection and Its Limitations     8
  Informal Complaints and Disclosure 8
  Complaints of False Charges 9
  Final Disposition and Follow-up 9
  Education 9
 HIV Policy 10
  Access10
  Prevention Education 10
  Support Services10
  Policy Implementation and Review 10
 Sexual Assault Policy 10
  Sexual Assault Defined11
  Disciplinary Sanctions 11
  Your Rights as a Sexual Assault Victim 11
  On-going Support12
 Reporting the Assault12
  What To Do if You Believe You Have Been Sexually Assauampus12
  For help off campus12
Academic Adjustment Policy for Students with Disabilities13
  Section 504 of the Rehabilitation Act of 197313
  Introduction and Rationale for a Course Substitution Policy13
  Regulations – Academic Adjustments13
  Analysis of Final Regulations (provided by DOE)14
 Procedures14
 In the Event the Student has Taken or is Required by the Committee to Take the Course15
 Composition of the Committee16
 Committee Responsibilities 16
 Confidentiality and Procedures for Handling Confidential Information     16
 Student Responsibilities 16
 Faculty Responsibilities 17
 Publication of Procedures17
Smoking Policy 17
Computer Systems Appropriate/Acceptable Use Policy 17
 Definitions18
 Purpose18
  Scope19
 Use of IT Systems19
  Proper Authorization19
  Appropriate/Acceptable Use19
  Commercial Use 19
  Vendor Contracts19
PRIVILEGES FOR IT USERS 19
  Free Inquiry and Expression 19
  Reasonable Confidentiality 19
UALR INFORMATION TECHNOLOGY USERS SHOULD HAVE NO EXPECTATION OF PRIVACY      19
RESPONSIBILITIES FOR ALL USERS    20
  Unauthorized Use 20
  Security 20
  Unauthorized Data Access 20
  Concealed Identity 20
  Denial of Service 20
  Copyright20
  External Data Networks 20
  Modification of Data or Equipment 20
  Personal Account Responsibility 20
  Responsibility for Content 20
  E-mail Use 21
  Threats and Harassment21
  Removal of Equipment or Documents 21
  Foreign Devices 21
  Violations21
  Reporting of Security Violations21
IT Rights 21
  Personal Identification 21
  Access to Data21
  Oversight Authority21
  Enforcement Procedures21
Library Privileges 22
Bookstore Policies22
Lost and Found Policies 23
Address and Communications23
Student Identification Card 23
Use of University Name or Seal 23
Vehicle Registration 23
Public Safety and University Police 23
Bicycle Policy 24
Pet Policy 24
Inclement Weather Policy24
Campus Signs and Poster Regulations 25
Distribution of Printed Materials 26
Demonstration and Mass Gathering 26
Authorization to Offset Amounts Due the University by an Employee Against Amounts Owed by University to That Employee 27
University Facilities Policies 27
Use of University Facilities 27
  Statement of Principles27
 Policy Statement of the Board of Trustees 27
Procedures 28
  Faculty and Staff 28
  Student Organizations 28
  Non-University Groups 28
  Outside Salespersons and Solicitors or Solicitation and Fund Raising 29
  Use of Roof and Exterior Walls of Buildings29
  Physical Arrangements of Campus Facilities29
University Housing30
 Housing Rules and Regulations30
 Alcoholic Beverages in Student Housing   30
 Guest Regulations 30
 Visitation Hours30
 Room Entry31
Donaghey Student Center 31
 Mission of the DSC31
  Development31
  Service 31
  Community 31
 General Policies and Procedures      31
 Literature Distribution and Posting  32
 DSC Conference Services 33
  Billing Information for UALR Clients 33
  Late Cancellation Notice 33
  Late Cancellation Charge 33
  No-show Charge 33
  Under-use Charge 33
  Set-up Changes and Charges 33
  Dining Services 33
  Policies and Procedures 34
   Where to make reservations?    34
   How Far in Advance?34
   Who Should Make the Reservation?34
   Tentative Holds34
  Equipment and Set-up Requests 35
  General Use Policies 35
  Overbookings, Cancellations, and No-shows 35
  Steps to Reserving a Facility for RSOs 35
  Fees and Charges 36
DSC Fitness and Aquatic Center 36
 Policies and Procedures36
 Health and Safety36
 Access Policies37
 Gaining Access37
  Students 37
  Term Memberships 37
  One-Day Pass 37
  Age Restrictions 37
 General Rules and Regulations38
Student Organizations and Activities 38
 Student Organizations38
  Social Greek Fraternities and Sororities 39
 Regulations Governing Student Organizations and Student Activities     39
 General Statement of Purpose, Benefits, and Types of Student Organizations    39
 Types of Student Organizations and Benefits40
 General Policies on Student Organizations40
 Criteria for Registration of an Organization41
 Procedures for Forming New Student Organizations42
 University Registration of Honor, Professional, and Recognition Societies43
 Maintaining Active Status: Nature and Conditions of Registration43
 Termination of Registration  43
 Group Responsibility43
 Expectation43
 Greek Governing Bodies Dealing with Group Infractions 44
 Definition of an Organization’s Activity and When the Organization is Considered Responsible           44
 Student Organization44
 Disciplinary Procedures44
Student Organization Lodges and Centers46
 Sorority and Fraternity Lodges         46
  General Polices 46
  Procedures for Handling Disturbances at Events on the Premise of Any Fraternity or Sorority  47
  Funds Solicitation by Registered Student Organizations  48
  (Charitable Activities) 48
  Funds Solicitation by Registered Student Organizations  48
  (Non-Charitable Activities) 48
 University Requirements50
 Legal Requirements51
  Act 549 as Amended 51
 Alcohol Marketing Guidelines51
 Policy for Inviting Speakers and Political Activities          52
 Regulation on Use of Sound Amplification Devices on Campus    53
 Outdoor Amplified Musical Events  53
 Official Extracurricular Activities     55
 Procedures for Scheduling Activities 55
 On-Campus Events55
 Off-Campus Events55
 General Regulations for Student Activities56
Code of Student Rights, Responsibilities, and Behavior  58
Section I. Title 58
Section II. Code Authority  58
 Delegation by Authority and Responsibility           58
Section III. Definitions 58
  Academic Misconduct 58
  Accused 59
  Accuser 59
  Appeal 59
  Bar Against Re-enrollment 59
  Behavior 59
  Citation 59
  Class Days 59
  Classroom 59
  Classroom Disruptions 59
  Confidentiality 59
  Contempt 59
  Disciplinary Records 60
  Flag 60
  Group 60
  Incident Report 60
  Implementation 60
  Notification 60
  Posthearing Information Form/Letter 60
  Prehearing Information Form/Letter 60
  Procedural Due Process 60
  Regulations 60
  Sanction 60
  Student 60
  Student Organization 60
  Unauthorized Presence 60
  University Document 61
  University Judiciary, Hearing, Appeal Committees and Boards       61
  University Premises or University-Related Premises        61
  Violation 61
  Witness 61
Section IV. Statement of Student Rights, Responsibilities and Behavior61
 General Regulations for Student Activities61
  Student Rights 61
Section V. Statement of Responsibilities62
 Student and Student Organization Responsibilities           62
 University Responsibilities   62
Section VI. Statement of Behavior62
 On or Off Campus Violations62
 Student Violations63
 1 Academic Dishonesty63
 2 Aiding, Abetting, or Concealing Violators 63
 3 Alcoholic Beverages63
 4 Classroom Disruption64
 5 Conduct Inappropriate for an Academic Setting64
 6 Destruction, Misuse, Damage, or Defacing of Property64
 7 Disrespect for Authority 64
 8 Disturbance/Disruption Due to a Mental Disorder    64
 9 Failure to Respond to a Summons From a University Official  64
 10 False Reporting of Emergency 64
 11 Falsification, Forgery, and Dishonesty     64
 12 Gambling 64
 13 Group Offenses 64
 14 Hazing 65
 15 Illegal Selling of Books 65
 16 Illegal Visits to Other Campuses 65
 17 Illegal Use of Telephones 65
 18 Interference with Emergency   Evacuation Procedure65
 19 Lewd, Indecent, or Obscene Behavior65
 20 Obstruction or Disruption65
 21 Physical Abuse 66
 22 Possession of Firearms and Other Dangerous Weapons or Explosives66
 23 Possession, Sale, or Consumption of Narcotics, Depressants, Stimulants, Hallucinogens, or Solvents    66
 24 Raiding University Facilities 66
 25 Reproduction of Materials: 67
 26 Sexual Harassment. 67
 27 Sexual Assault/Forcible or Non-Forcible Sex Offenses67
 28 Smoking in Campus Buildings 67
 29 Starting Fires or Other Acts of Arson     67
 30 Unauthorized Appropriation of Property 67
 31 Unauthorized Demonstration and Mass Gatherings 67
 32 Unauthorized Entry 68
 33 Unauthorized Possession 68
 34 Unauthorized Soliciting, Advertising, Selling, and Distribution of Material    68
 35 Unauthorized Use or Alteration of Emergency or Safety Equipment  68
 36 Verbal Abuse 68
 37 Violation of the Code of Computer Ethics and Misuse of the Computer System  68
 38 Violation of Sanctions 68
Section VII. Administration of Student Discipline   68
 Functions and Procedures68
  Dean of Students 68
  Reporting 68
  Disciplinary Sanctions and Philosophy 69
  Informal Adjudication 69
  Settlements 70
  Punitive Sanctions (in order of severity) 70
  Non-punitive Sanctions (in no particular order)71
 University Hearing Committees and Boards71
 Behavioral Standards Committee 71
 Academic Integrity and Grievance Committee71
 Fraternity and Sorority Judicial Boards 72
 Student Affairs Committee    72
 Behavioral Standards Committee and Greek Judicial Committees and Boards Operating Policies and Procedures72
  General Statement of Policies and Procedures    72
  Service of Notice and Decision 72
  Quorum 73
  Committee Chairperson 73
  Committee Recorder 73
  Hearings 73
  Committee Members Excused and Vacancies 73
  Student Rights and Privileges 74
  Procedures 74
  Conduct of Hearing 75
 Sanctions Imposed by the Behavioral Standards Committee and Greek Judicial Boards77
  Effective Dates of Sanctions 77
  Sanctions Other Than Expulsion and Suspension   77
  Sanctions Of Expulsion and Suspension 77
Academic Integrity and Grievance Policy 77
 General Information77
  Academic Integrity and Discipline 77
 Academic Integrity and Grievance Committee      78
 General Operating Policies of the Academic Integrity and Grievance Committee:79
 Academic Offenses81
  Definition of Academic Offenses 81
   Cheating on an examination or quiz81
   Plagiarism 82
   Collusion  82
   Duplicity  82
  Steps Toward Redress for Academic Offenses82
   Academic Dishonesty Procedures for Students Enrolled in a Course82
   Academic Dishonesty Procedures for Students Not Enrolled in a Course and Students Representing an Academic Department or the University in a University-Oriented or –Sponsored Activity On or Off Campus    84
 Committee Procedures for Academic Offenses   84
  Conduct of Hearings Regarding Academic Offenses86
 Sanctions Imposed by the Academic Integrity and Grievance Committee87
 Student Rights and Privileges Regarding Academic Offenses88
Grade Appeals88
 Steps Toward Redress for Grade Appeals 88
 Procedures for Grade Appeals Handled by the Academic Integrity and Grievance Committee  89
 Classroom Disruptions and Steps Toward Redress92
 Administration of Disciplinary Records and Disciplinary Information92
Section VIII. Appeals Procedures93
 The Chancellor of the University      93
 University Judicial Appeals Committee     93
 Appeals Procedures and Instructions (Exception, Grade Appeals)   93
 Appeals to the Chancellor     94
Section IX. Interim Suspension (Temporary) 94
Section X. Withdrawal  95
 Standards and Procedures for Involuntary Administrative Withdrawal Due to a Mental Disorder95
  Standards for Withdrawal 95
  Violations of Disciplinary Regulations 95
  Referral for Evaluation 96
  Interim Withdrawal 96
  Informal Hearing 97
  Deviations from Established Procedures 98
Section XI. Student Grievance Procedures When the Issue is Not Academic 98
 Definitions98
  Application 99
  Procedures 99
  Grievance Steps 99
Section XII. Traffic Appeals  99
 UALR Student Court100
Section XIII. Federal Laws and Regulations Concerning Discrimination in Educational Institutions 100
 Laws Affecting the Operating Policies 100
 Complaint Procedures101
  The Informal Complaint 101
  Formal Complaint Procedures 101
  Human Relations Investigatory Procedures 101
 Confidentiality102
  Informal Complaints102
  Preserving Confidentiality102
  Formal Hearing and the Final Disposition 102

 

 

 

 

 

 

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During your student days there will be situations in which you’ll need to follow procedures and know the rules, regulations, and policies that will affect you.

Perhaps you’ll want to appeal a grade. Maybe your club or organization will want to use university facilities or sponsor a fund-raising drive. How do you go about doing these things? The answers are here, plus information on your student rights and responsibilities, the university’s responsibilities to you, and much more. Keep this material handy for easy reference, If you have questions or concerns regarding these or other policies, you should contact the Office of the Dean of Students, DSC Suite 215, 501-569-3328.

First Amendment Freedoms of Speech, Assembly, and Expression

The encouragement of freedom of speech, assembly, and expression is among the highest goals of the University of Arkansas at Little Rock (UALR).

Colleges and universities are ideally free marketplaces of ideas. This dictates that all points of view are welcome since free expression is a basic tenet of the academic arena. Colleges and universities have an inherent authority to maintain order as well as freedom on the campus. The UALR campus is not public in the sense of parks or streets and thus not open for expression of free speech and assembly by the general public and students at all times and places.

The rights of students and groups to express views through speech, assembly, and expression are protected on campus so long as they do not materially disrupt normal campus function, interfere with the rights of others, or engage in destruction of property. All students and groups must abide by university policies and regulations in the UALR Student Handbook.

Students and individuals are permitted to exercise their First Amendment freedom of speech rights on campus at specific times and in designated areas. The areas designated to exercise these rights include Donaghey Student Center (DSC) Mall between the west end of the DSC and the Mailroom and the Administration South and North Building Malls. Other outdoor-designated areas may be approved on request to the dean of students or designee in consultation with the appropriate university official in charge of the requested outdoor space. An advance notice of forty-eight (48) hours to the Office of Campus Life (OCL) is required to allow the university to check the Master Calendar of Events, clear facilities requested if needed, and provide adequate Department of Public Safety (DPS) protection for both the individual and for university property. Normally, the designated hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday.

University officials may limit free speech if that speech materially and substantially disrupts the work and discipline of the university, is staged in a manner that congests access or passage, or due to noise or location and expression is imposed on semi-captive audiences or offensively on unwilling third parties, or is within the laws of obscenity or incitement to action.

 

Joint Statement on Rights and Freedoms of Students

      The University Assembly endorses the American Association of University Professors (AAUP) Policy set forth in its Joint Statement on Rights and Freedoms of Students. For information regarding this Policy, contact the Office of the Dean of Students.

 

Annual Notice of Student Rights Under the Family Educational Rights and Privacy Act (FERPA)

     A student at UALR has the following rights with regard to his or her educational records:

1.       To inspect and review all educational records pertaining to the student, with some exceptions under FERPA, within forty-five (45) days of the day the university receives a request for access. Students should submit to the appropriate official written requests that identify the record(s) they wish to inspect. The university official will make arrangements for access and notify the student of the time and place where records may be inspected. If the records are not maintained by the university official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2.       The right to request the amendment of his or her educational records to ensure that they are not inaccurate, misleading, or otherwise in violation of his or her privacy or other rights. Students 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 the university decides not to amend the record as requested by the student, the university will notify the student of the decision and advise the student of his or her 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 and is also contained in University wide Administrative Memorandum 515.1.

3.       The right to withhold the following information, which is considered to be directory information, will be subject to public disclosure unless the student informs the campus Office of Records and Registration in writing, that he or she does not want any information designated as directory information. The student’s name, address, telephone number, date and place of birth, nationality, religious preference, major field of study, classification by year, number of hours in which enrolled and number completed, parents’ or spouse’s name and address, marital status, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance including matriculation and withdrawal dates, degrees, scholarships honors, and awards received including type and date granted, most recent previous educational agency or institution attended, and photograph.

4.       The right to consent to disclosure of personally identifiable information contained in his or her educational records, except to the extent that FERPA authorizes disclosure without consent.

One such exception permits disclosure without consent to school officials with legitimate educational interests. A “school official” is a person employed by the university in an administrative, supervisory, academic or research, or support staff position including campus law enforcement unit personnel and health staff; a person or company with whom the university has contracted such as an attorney, auditor, or collection agency; 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 his or her tasks. A school official has a “legitimate educational interest” if the official needs to review an educational record in order to fulfill his or her professional responsibility.

Upon request, the university may also disclose educational records without consent to officials of another school in which a student seeks or intends to enroll.

5.       The right to file a complaint with the United States Department of Education concerning an alleged failure by the university to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue S.W.

Washington DC 20202-4605

6.       The right to obtain a copy, upon paying a copying fee, of University wide Administrative Memorandum 515.1 and the university’s copy of FERPA regulations. Copies may be obtained in the Ottenheimer Library.

 

Release of Directory or Public Information

      The items below are designated “Directory or Public Information” by UALR and may be released for any purpose at the discretion of the university.

     Under the provisions of FERPA, you have the right to withhold the disclosure of “Directory or Public Information” listed below. This includes: student’s name, address, email address, telephone number, date and place of birth, nationality, religious preference, major field of study, classification by year, number of hours in which enrolled and number completed, parents’ or spouse’s name and addresses, marital status, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance including matriculation and withdrawal dates, degrees, scholarships, honors, and awards received including type and date granted, most recent previous educational agency or institution attended, and photograph.

All students must make the request to withhold directory or published information in writing to the Office of Records and Registration of their request by the 11th day of class. This request will remain in effect until removed by the student in writing. In the event of such a request, this request will be treated as student records information.

Please consider very carefully the consequence of any decision by you to withhold “Directory or Public Information.” Should you decide to request the university not to release “Directory or Public Information,” any future requests for such information from non-institutional persons or organizations will be refused.

The university will honor your request to withhold directory information but cannot assume responsibility to contact you for subsequent permission to release the hold. Regardless of the effect upon you, the institution assumes no liability for honoring your instructions that such information be withheld. For additional information on details of FERPA, please see the Office of the Dean of Students or the Office of Records and Registration.

 

General Policies Regarding Records

1.       Only student records which are reasonably necessary or useful to the basic purpose and needs of the university shall be made or retained. The Office of the Dean of Students expunges student disciplinary records carrying sanctions less than expulsion or suspension after three (3) years from date of incident.

2.       Transcripts shall record only information of an academic nature and disciplinary action that denies the privilege of the student to continue in or return to the university.

3.       Neither transcripts nor information pertaining to disciplinary or administrative matters shall be made available by the university to unauthorized persons without the express consent of the student, unless the university or its officials are directed by legal process to release such information.

4.       Persons authorized to receive transcripts of such information include the student, his or her parents or legal guardians (if the student is a dependent student or under 18 years of age), and university officials with legitimate educational interests.

5.       Students may receive grades online at BOSS.UALR.EDU.  An ID and personal identification number (PIN) are required to access grades. You may request  a copy of grades to be mailed by completing the grade mailer request form in the Office of Records & Registration.

6.       The university policy for posting grades is that grades will be posted so that only the student can identify his or her grade. This can be accomplished by the use of code letters or numbers as long as the code used is not revealed to other students, unauthorized university personnel, or the public. The use of code to label each student so that only the student is aware of his or her identity does not require the approval of the student. The important point is that no personally identifiable information (education record) be disclosed to third parties without the student’s written consent.

 

Limiting of Records and Registration Services

      The Office of Records and Registration is authorized to withhold their services and refuse registration to any student or former student who fails to return athletic, military, library, or other university property entrusted to his or her care, or who fails to comply with rules governing the audit of student organization accounts, or who fail to pay any fees, tuition, room and board charges, fines, or other charges assessed against him or her by a university official or by the campus judicial system.

This policy does not apply to students or former students if the university has received from a bankruptcy court a notice and order that a bankruptcy petition has been filed in their behalf or the debt has been discharged in bankruptcy. In the event the notice of bankruptcy has been dismissed, the policy applies.

 

An Act to Prohibit Hazing in any School, College, University, or Other Educational Institution in Arkansas, and for Other Purposes

     

      BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

 

Section 1.

     No student of any school, college, university, or other educational institution in Arkansas shall engage in what is commonly known and recognized as hazing, or encourage, aid, or assist any other student in the commission of this offense.

 

Section 2.

     Hazing is defined as follows:

1.       Any willful act on or off any school, college, university, or other educational institution in Arkansas by one student alone or acting with others, directed against any other student, done for the purpose of intimidating the student attacked by threatening such student with social or other ostracism, or of submitting such student to ignominy, shame, or disgrace among his or her fellow students, and acts calculated to produce such results; or

2.       The playing of abusive or truculent tricks on or off any school, college, university, or other educational institution in Arkansas by one student alone or acting with others, upon a student to frighten or scare him or her; or

3.       Any willful act on or off any school, college, university, or other educational institution in Arkansas by one student alone or acting with others, directed against any other student done for the purpose of humbling the pride, stifling the ambition, or impairing the courage of the student attacked, or to discourage any such student from remaining in such school, college, university, or other educational institution, or to cause him or her to leave the institution rather than submit to such acts; or

4.       Any willful act on or off any school, college, university, or other educational institution in Arkansas by one student alone or acting with others, in striking, beating, bruising, or maiming, or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student of any educational institution or any assault upon any such student(s) made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this Section.

5.       The term hazing as defined in this Section does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organizations.

 

Section 3.

     No person shall knowingly permit, encourage, aid, or assist any person in committing the offense of hazing, or willfully acquiesce in the commission of such offense, or fail to report promptly his or her knowledge or any reasonable information within his or her knowledge of the presence and practice of hazing in this State to an appropriate administrative official of the school, college, university, or other educational institution in Arkansas. Any act of omission or commission shall be deemed hazing under the provisions of this Section.

 

Section 4.

Hazing is a Class B misdemeanor.

 

Section 5.

      Upon conviction of any student of the offense of hazing, he or she shall, in addition to any punishment imposed by the court, be expelled from the school, college, university, or other educational institution he or she is attending.

 

Section 6.

Nothing in this Act shall be construed as in any manner affecting or repealing any law of this State respecting any other criminal offense.

UALR Policy on Discriminatory Harassment and Equal Opportunity

UALR adheres to a policy that enables all individuals, regardless of race, color, gender, national origin, age, religion, sexual orientation, veteran’s status, or disability, to work and study in an environment unfettered by discriminatory behavior or acts. Harassment of an individual or group will not be condoned, and any person — student, faculty, or staff member — who violates this Policy will be subject to disciplinary action.

Harassment that is considered discriminatory includes actions or conduct (verbal, graphic, gestural, or written) directed against any person or group with the intent to demean or create a hostile or threatening environment.

It is not the intent of this Policy to infringe upon or limit educational, scholarly, or artistic expression.

Any person who believes he or she has been discriminated against should contact the Office of Human Relations to obtain assistance and information concerning the filing of complaints.

At the same time the university prohibits discriminatory practices, it promotes equal opportunity through affirmative action. Non discriminatory affirmative action equal opportunity policies apply to recruitment, hiring, job classification and placement, work conditions, promotional opportunities, demotions/transfers,  terminations, training, compensation, choice of contractors and suppliers of goods and services, educational opportunities, disciplinary action, recreational and social activities, use of facilities, housing and university-sponsored programs.

Sexual Harassment Policy

UALR explicitly condemns sexual harassment as a violation of an individual’s human rights and dignity, and as a form of discrimination based upon sex.

Therefore, the policy of UALR is that members of the university community neither commit nor condone sexual harassment in any form. This prohibition applies equally to male and female staff, faculty, and students, to all other persons on premises subject to university control and to those engaged to further the interests of the university.

Employees and students who engage in sexual harassment will be subject to applicable disciplinary processes. Sexual harassment is unlawful and may also subject those who engage in it to civil and criminal penalties.

The university is committed to providing an environment free from sexual harassment. Therefore, the university administration strongly encourages all UALR community members to report incidents of sexual harassment. To that end, reporting and investigating procedures are supportive of and sensitive to the alleged victim. At the same time, they adequately safeguard the rights of the alleged offender.

Sexual Harassment Defined

Sexual harassment is defined as unwanted, unwelcome, inappropriate or irrelevant sexual or gender-based activities or comments when:

1.       Submission to such conduct is either explicitly or implicitly made a term or condition of an individual’s employment with the university or a factor in the educational program or university-related activities of a student; or

2.       Submission to or rejection of such conduct by an individual is used as a basis for an employment or education decision affecting such individual; or

3.       Such conduct has the purpose or effect of interfering with an individual’s work or educational performance; or

4.      Such conduct creates an intimidating, hostile, offensive, or demeaning environment.

 

Policy Rationale

Sexual harassment is reprehensible. It subverts the mission of the university by threatening the careers, educational experience, and general well being of every member of the university community. In both obvious and subtle ways, sexual harassment destroys an individual’s ability to function at his or her highest level and has a harmful effect on one’s ability to study, work, or engage in leisure activities within the university community. Although sexual harassment often takes place when the people involved have unequal power, e.g., between a supervisor and employee or between a teacher and a student, sexual harassment also occurs between people who have equal power and status in the university community, e.g., between students or between co-workers. The purpose of UALR’s Sexual Harassment Policy is to educate members of the university community about the harms caused by sexual harassment and about behaviors which constitute harassment based on an individual’s sex or gender.

Finally, and most importantly, the purpose of this Policy is to eradicate sexual harassment within the university community.

Examples of Sexual Harassment

The university takes the broadest possible view consistent with law and reason regarding conduct encompassed by the phrase “sexual harassment.” The inclusion of examples and descriptions in this policy statement is not intended to exclude other conduct from being deemed sexual harassment. They are provided to inform the university community of expected standards of professional and responsible conduct. A determination of the occurrence of sexual harassment is based upon the nature and context of the conduct.

All members of the university community have a responsibility to behave in such a manner that their words or actions cannot reasonably be perceived by the recipient of those words or actions as coercive, abusive, or exploitative. Regardless of the specific intent of the alleged harasser, conduct having the characteristics or effect of sexual harassment will be treated as sexual harassment. Where there is a rational connection with university functions, processes, and operations, off campus conduct is subject to this policy.

1.       Sexual harassment creates a hostile, abusive, demeaning, offensive, or intimidating environment. It is manifested by verbal and/or physical actions, including gestures and other symbolic conduct that may be, but are not necessarily, aimed at a particular individual. Examples include verbal harassment and abuse of a sexual or gender-specific nature, such as sexually explicit statements, questions, jokes, or anecdotes; and display of sexual activity or speculations about previous or future sexual experience. Sexual harassment includes unnecessary or unwelcome touching, patting, hugging, or brushing against a person’s body; staring at or ogling of a person’s body; and inappropriate comments about one’s body or clothing. It includes unwanted sexual activities, sexual advances or request for sexual favors, and physical assault.

2.       Sexual harassment also includes slurs about one’s gender, contrived work or study assignments, and assigning more onerous or unpleasant tasks predominantly to employees or students of one gender.

Consensual Relationships

Incidents of sexual harassment may involve persons having unequal power, authority, or influence. Threats of adverse consequences or promises of reward may be implied solely by circumstances of unequal power. Therefore, the university recognizes an inherent conflict of interest when an individual exercises supervisory, educational, or other institutional authority over an individual and makes sexual overtures toward that individual.

For this reason, no faculty member shall begin an amorous relationship with a student who is enrolled in a course taught by the faculty member or whose academic work, including work as a teaching assistant, is supervised by the faculty member. Furthermore, a faculty member who has had or is currently involved in an amorous relationship with a student shall, to the extent possible, withdraw from participation in instructional activities, or decisions which may reward or penalize that student. Finally, the university strongly recommends that no faculty or staff member participate in an amorous relationship with a student or an employee of the university who is being supervised by that faculty or staff member.

Decisions affecting employees and students should be made solely on the basis of merit. This includes, but is not limited to, decisions affecting an employee’s job responsibilities, promotion, pay, benefits, or other term or condition of employment; a student’s grades, academic progress, benefits, or other term or condition of academic evaluation or student status; and recommendations, references, referrals, and opportunities for further study, employment, or career development.

Grievance Procedures

 

A.     Introduction

UALR seeks to eliminate sexual harassment on campus by encouraging students, faculty, and all employees promptly to report problems or complaints about sexual harassment. No individuals should be deterred from reporting allegations of sexual harassment because of fear of retaliation.

This complaint procedure is internal to UALR and individuals with complaints are encouraged to follow it first. However, an aggrieved party also has the right to file a complaint of sexual harassment with the appropriate state or federal agency, or a suit in a court with jurisdiction.

B.     Offices with Responsibility of Discrimination Issues

The Office of Human Relations has overall responsibility for assuring university compliance with nondiscrimination laws and regulations. The human relations officer receives formal complaints lodged against faculty, staff, and administration.

The Office of the Dean of Students has responsibility for student-to-student allegations of sexual harassment incidents. The dean of students or designee is responsible for investigating harassment claims and for initiating disciplinary proceedings against students that may arise from a formal complaint. The dean of students may consult with other appropriate university officials, e.g., ombudsperson for sexual harassment, vice chancellor for educational and student services  or director of communications, if deemed necessary. Disciplinary files are maintained in the Office of the Dean of Students.

In addition to the offices officially designated to deal with grievances, problems, and questions regarding sexual harassment, the complainant may discuss these issues with anyone in a supervisory position and/or the person against whom the complaint is made. For example, faculty members, department chairs, supervisors, deans, or vice chancellors may be consulted.

Responsibility to Report

It is the responsibility of all university faculty, administrators, managers, and supervisors to inform the human relations officer of all allegations of sexual harassment they receive and/or discriminatory situations of which they become aware.

Upon completion of the investigation, the human relations officer will notify the complainant and respondent(s), if any, and the chancellor, appropriate dean, vice chancellor/provost, department head or chair, or supervisor in writing of the findings and recommendations. Based on this information, the appropriate university official will determine the action deemed necessary to resolve the complaint and will communicate that decision to the involved individuals.

A complainant or respondent dissatisfied with the findings or recommendations may file a rebuttal statement with the human relations office for inclusion in the investigation file. Such statements must be filed within thirty (30) calendar days of the date the decision is received and will become part of the investigation file.

Should the resolution of a complaint result in a disciplinary action, the faculty member, staff member, administrator, or student can seek review of such action using the appropriate university procedures. Appeals procedures for faculty, staff, or students will follow the procedures required in the appropriate sections of the UALR Classified Handbook, Faculty Handbook, and Student Handbook.

C.     Student Sexual Offenses

Student sexual offenses are to be processed through the procedures set forth in Section VII of the UALR Student Handbook. Appeals will be made through the normal procedures set forth in the handbook.

Confidentiality Protection and Its Limitations

 

Informal Complaints and Disclosure

Every possible effort shall be made to ensure the confidentiality of information received as part of the university’s informal complaint procedure. The names of the parties involved will not be a part of the Informal Report about the situation. The human relations officer and the dean of students will disclose the name of the individual in their review/mediation of the complaint only if the complainant has expressed permission to disclose his or her name. If, due to the circumstances of the alleged harassment, it is not possible to conduct a review or resolve the complaint and yet maintain confidentiality, the human relations officer will discuss this with the complainant.

Although complainant requests confidentiality, it may be possible to attempt some mediation or resolution of the complaint, to address the situation in some other manner, or to take corrective action as appropriate for the situation. Therefore, the human relations officer should explore these alternatives rather than failing to take action due to the request for confidentiality. Action requiring disclosure of the complainant in some manner would not take place without consent of the complainant.

In the interests of fairness and problem resolution, disclosure of complaints and substance, except as compelled by law, will be limited to the immediate parties and other appropriate administration officials.

 

Complaints of False Charges

Because of the nature of the problem, complaints of sexual harassment cannot always be substantiated. Lack of corroborating evidence should not discourage complainants from seeking relief through the formal procedures delineated in this document. However, charges found to be intentionally dishonest or made maliciously without regard for truth will subject complainants to disciplinary action.

Individuals who believe they have been the target of willfully false or maliciously reckless formal charges should file a written complaint no later than thirty (30) calendar days after they learn the nature of the allegations against them. If, for any reason, any extension is necessary, the time limits may be modified by the consent of both parties. Complaints should be submitted to the human relations officer who will make this complaint part of their formal investigation process. If the human relations officer finds sufficient grounds for the false-charge complaint, he or she must recommend to the chancellor that disciplinary action be taken against the person who filed the false charges. If the evidence does not support the false-charge complaint, the human relations officer will so inform both parties. Disciplinary action will be taken against the person(s) filing false charges.

Final Disposition and Follow-up

The facts about individual complaints and their disposition are confidential. An employee’s supervisor will, however, inform the complainant and respondent, in confidence, of the result and/or sanctions associated with a formal case. The Office of the Dean of Students will similarly inform students.

The human relations officer ordinarily retains a permanent written record of the formal complaint process and its outcome.

An annual report will be prepared for the chancellor, the Faculty Senate, and the UALR Assembly on the number and types of complaints. The annual report of informal complaints will be prepared by the ombudsperson for sexual harassment and submitted to the human relations officer. The Office of the Dean of Students will prepare the same kind of information annually and submit a report to the human relations officer. The officer will compile the record of both formal and informal complaints for submission to the above parties.

Complaints Filed with Outside Agencies

When any member of the university community or persons denied admission, employment, or services files a complaint of discrimination with an outside federal or state agency, that agency will, as part of its investigation, request a response from the university to the charges in the complaint. The human relations officer will prepare a response, usually after conducting an internal investigation of the complaint. Such investigations will not conform to the procedures for internal complaints, but instead to those of the outside agency.

Complaints from outside agencies sent directly to departments should be referred to the human relations officer for response.

Education

The aim of the education on sexual harassment is not just to end specific harassment cases nor to combat something negative, but rather to help create a positive climate in which such harassment could find no place. Building this kind of positive climate involves everyone and encourages an environment that benefits all. The presentation of information within this philosophical framework moves all of us toward a “higher order of communication…” It develops a social context that is “more civilized.” Within this perspective, the discussion of sexual harassment is seen as one of many conditions that are symptoms of negative and limited perception which manifest themselves in other ways as well. The development of an attitude of appreciation of human diversity can reduce expressions of the negative symptoms.

This Policy shall be disseminated to all faculty, staff, students, and administrators. An ongoing education program, as described in Appendix I of this Policy, shall be implemented.

HIV Policy

In support of its mission to discover and disseminate knowledge and to promote humane sensitivities and understanding of interdependence, UALR endorses the following policy for responding to Human Immunodeficiency virus (HIV) infection.

Based on conclusive evidence from the U.S. Public Health Services and Centers for Disease Control and Prevention, people living with HIV disease pose no threat of transmission through casual contact to those who are uninfected. Because many people are infected and do not know it, UALR accepts an inclusive approach that recognizes any individual could be HIV positive. No screening or inquiries regarding HIV status will be made for admission or employment.

 

Access

People with HIV/AIDS are protected from discrimination by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Appropriate, reasonable accommodations will be made for students and employees who are infected and they will be accorded all rights of access and responsibilities in every aspect of university life as available to uninfected persons. Acts of discrimination or abuse will not be tolerated. Confidentiality will be observed.

Prevention Education

UALR will provide ongoing training for students and employees that includes:

1.       Facts about infection, transmission, prevention, testing sites, and disclosure.

2.       Skill development and equipment for self-protection.

3.       A climate that fosters care and respect for self and others.

Support Services

The Office of Health Services is the primary point of confidential contact for people living with HIV and will serve as a resource to the campus community regarding HIV issues on campus.

Support Services and referrals are also available in the following offices:

1.       Counseling and Career Planning (CCPS).

2.       Disability Support Services (DSS).

3.       Arkansas Employee Assistance Program (AEAP).

Policy Implementation and Review

The UALR Health and Wellness Committee will be responsible for implementation of this Policy. Members will review this Policy semi-annually or as new scientific information emerges and submit revision to the University Assembly for approval. (Passed Faculty Senate 4/19/96)

 

Sexual Assault Policy

UALR explicitly condemns sexual assault as a violation of an individual’s human rights and dignity.

Therefore, the policy of UALR is that members of the university community neither commit nor condone sexual assault in any form. This prohibition applies equally to male and female staff, faculty, and students, to all other persons on premises subject to university control and to those engaged to further the interests of the university.

Sexual assault is unlawful and may also subject those who engage in it to civil and criminal penalties. Employees and students who engage in sexual assault will also be subject to applicable disciplinary action.

The university is committed to providing an environment free from sexual assault. Therefore, the university administration strongly encourages all UALR community members to report incidents of sexual assault. To that end, reporting and investigating procedures are supportive of and sensitive to the alleged victim. At the same time, they adequately safeguard the rights of the alleged offender.

Sexual Assault Defined

Sexual assault is generally defined as attempted or actual unwanted sexual activity (Sandler, 1993). Sexual assaults generally fall into one of two categories: forcible and non-forcible sex offenses. A forcible sex offense is “any sexual act directed against another person forcibly and/or against that person’s will, or not forcibly or against a person’s will where the victim is incapable of giving consent.” These sex offenses include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. Non-forcible sex offenses are acts of “unlawful, non-forcible sexual intercourse,” and include incest and statutory rape. Depending on the circumstances, acquaintance rape could be in either category. As used in this Policy, the term “sexual assault” is generally descriptive of conduct specifically proscribed as rape, carnal abuse, sexual misconduct, sexual abuse, and sodomy under Arkansas Code Annotated 5-14-101 through 123.

 

Disciplinary Sanctions

UALR will not tolerate sexual assault in any form, including rape and acquaintance rape. A student or employee charged with sexual assault can be prosecuted under Arkansas criminal statutes and/or disciplined by the university. Even if criminal prosecution is not pursued, the university can pursue disciplinary action. Where there is cause to believe that the campus regulations prohibiting sexual assault have been violated, the university will pursue strong disciplinary action through its own internal judicial channels. This discipline includes, but is not limited to the possibility of termination, expulsion, suspension, disciplinary probation, counseling, mediation, or educational sanctions, or a combination thereof. Any conduct which constitutes a sexual offense under Arkansas law shall also be subject to disciplinary sanctions under this policy.

 

Your Rights as a Sexual Assault Victim

As a victim you have the right to file criminal charges with local law enforcement authorities and, upon request, are entitled to assistance from the university in notifying the local law enforcement authorities. The dean of students and/or human relations officer will explain how to use the university internal complaint process.

You have the right to file a complaint with and have your sexual assault complaint investigated by the university and the right to participate in any disciplinary proceedings regarding the sexual assault complaint. If you wish, you may have two (2) non-participating support persons present with you at such proceedings. The person accused may also have a representative/attorney present at such proceedings.

UALR will notify you as to the outcome of any disciplinary proceeding regarding your complaint subject to limitations of state and federal laws relating to data privacy practices. The person accused will also be notified of the outcome of such proceedings.

UALR will cooperate with law enforcement authorities in obtaining, securing, and maintaining evidence in connection with the sexual assault incident. The university will also assist in preserving any materials relevant to the campus disciplinary proceedings. The university will, in cooperation with law enforcement authorities, make efforts to shield you from unwanted contact with the alleged assailant, including the transfer of the victim to alternative classes or alternative university-owned housing, if these options are available and feasible.

 

On-going Support

Because of the traumatic nature of sexual assault, victims are strongly encouraged to seek professional help. On campus free and confidential counseling services and referrals are available at Counseling and Career Planning Services (CCPS) in Ross Hall Suite 417, 501-569-3185.

If you would like to receive more information about your options for pressing charges, for reporting an incident, for filing internal complaints, or for counseling, please contact the university staff members listed in this Policy.

There are also support services outside the university community. CCPS maintains a list of local therapists, including clinical psychologists, social workers, and psychiatrists in private practice. Students and employees may have private insurance benefits that cover all or part of the cost of such counseling. Also, there are clinics in the community that operate on a sliding scale or have delayed payment plans.

 

Reporting the Assault

Addressing immediate physical and emotional trauma is of paramount importance. Due to the nature and value of evidence, it is vital that any sexual assault be reported as soon as possible. A complaint should be filed with the university within thirty (30) days of the incident.

A victim of sexual assault has several options in reporting the incident. The initial complaint may be filed with any of the following UALR offices:

1.       Department of Public Safety (DPS): DPS will conduct an investigation of the complaint. Upon completion of the investigation, if the complainant chooses to file criminal charges, DPS will assist in reporting the sexual assault to the Prosecutor.

2.       Dean of Students: The complaint will be reviewed by the dean of students or designee and will be investigated for internal judiciary proceedings.

3.       Human Relations: The complaint will be reviewed by the human relations officer and also investigated for internal judiciary proceedings.

Victims may choose to utilize any of the above options at the same time.

What To Do if You Believe You Have Been Sexually Assaulted

 

Get Immediate Help!

 

For immediate help on campus:

·          Pick up blue light phones. DPS will answer automatically.

·          Dial 569-3400 from any UALR office telephone.

·          Dial 911 from any public telephone.

OR

Notify one of the following:

·          UALR Department of Public Safety

Lot 3 (near tennis courts)   569-3400

·          Office of the Dean of Students

DSC Suite 215       569-3328

·          Office of Health Services

DSC Suite 102       569-3188

·          Office of Campus Life

DSC Suite 216       569-3308

·          Counseling and Career Planning Services

Ross Hall Suite 417569-3185

For help off campus:

Community

·          Rape Crisis Hotline663-3334

·          Family Service Agency      801-2700

 

Any of these offices can help you get medical aid and provide other necessary support.

Academic Adjustment Policy for Students with Disabilities

In compliance with federal regulations, it is the policy of UALR to respond to student requests for course substitution that are based on discrimination due to disability, on an individual basis and in a manner that does not result in discrimination. Where requests are complex and not easily handled through the regular course substitution procedures, an established committee will review the case and make a determination.

 

Section 504 of the Rehabilitation Act of 1973

“No otherwise qualified person with a disability in the United States…shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance.”

Introduction and Rationale for a Course Substitution Policy

The regulation for Section 504 of the Rehabilitation Act of 1973 specifically addresses the issue of discrimination based on disability in the event that fulfilling a course requirement puts a student with a disability at a disadvantage. While the law does not require waiving a requirement and strongly encourages substituting a course or courses that provide the student with a similar experience, course waiver is also an option under the law.

One clear example is the requirement for a music appreciation course when the individual is deaf or hard of hearing. Another obvious example is art appreciation for students who are blind or have low vision. It is appropriate to continue to allow the academic departments involved, Disability Support Services (DSS), and the student to determine an appropriate substitute in instances such as these whenever possible. The form used for course substitutions and waivers should be completed and signed, and documentation of the disability should be kept in the student’s file at DSS. If an agreement cannot be reached, the following policy and procedures will apply.

Examples that are less clear are those involving students with learning disabilities. The most common course substitutions for these students across the country are for math and foreign languages. However, there may be other requests based on individual circumstances. Complicating factors are: the wide range in types and severity of the disability; the diagnosis of the disability which is much more complex and often leaves some room for interpretation; and the ability in some cases to remediate through accommodations such as extended time on exams, tutoring, oral testing, extra take-home assignments, etc.

Due to the complex nature of such requests, the policy and procedures outlined in this document were developed by an ad hoc committee and based on the Rehabilitation Act of 1973.

 

Regulations – Academic Adjustments

“A recipient to which this subpart applies shall make modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating on the basis of disability against a qualified disabled applicant or student. Academic requirements that the recipient can demonstrate are essential to the program of instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.”

 

Analysis of Final Regulations (provided by DOE)

“This requirement does not obligate an institution to waive courses or other academic requirements. But such institutions must accommodate those requirements to the needs of individual students with disabilities. For example, an institution might permit an otherwise qualified disabled student who is deaf to substitute an art appreciation or music history course for a required course in music appreciation or could modify the manner in which the music appreciation course is conducted for the deaf student. It should be stressed that academic requirements that can be demonstrated by the recipient to be essential to its program of instruction or to particular degrees need not be changed.”

 

Procedures

The following procedures are guidelines and the committee will recognize that individual circumstances may alter them somewhat. For example, in the case of a student who is diagnosed with a learning disability after attempting a course twice or more and who has made good faith efforts to complete the course requirements, the committee may determine that the student need not attempt the course another time with accommodations.

1.       In most cases the student should attempt the course, requesting accommodations.

¨        If the student believes accommodations are necessary, the student should request a meeting with the instructor to discuss these accommodations. It is the student’s responsibility to make this request. Students are urged to inform instructors of accommodation needs as early as possible in the semester. They may choose to use a letter from DSS documenting the disability and outlining necessary accommodations (see below). Any student who is unsure of potential accommodations should make an appointment with a staff person in DSS.

¨        On request from the student or instructor, a letter from DSS will confirm that the disability is documented and will outline the specific accommodations necessary for that student. The student must give DSS permission to release this information.

¨        The instructor and student will work out the details of implementing accommodations. They may choose to use the Accommodation Plan Checklist in the back of the UALR Faculty Handbook: Teaching Students with Learning Differences and Accommodation Needs available through DSS.

¨        The student and instructor should continue to meet periodically for feedback on how the accommodations are working, making revisions as needed.

2.       If a good faith effort has been made on the part of the instructor and the student to accommodate for the disability and the student still believes the required course has the effect of discrimination based on the disability, the student may request that a substitution be made. However, in some instances because the accommodation would be so involved or time consuming that it would significantly alter the course, the student may make the request before attempting the course.

3.       Requesting a substitution:

¨        The student should make a written request to:

a.       the chair of the department offering the required course, with the dean of the college also signing off, and if not resolved to;

b.       the chair of the 504 Policy Committee.

¨        The request should include:

a.       the course in question;

b.