UNIVERSITY POLICIES, RULES AND REGULATIONS

        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 Dean of Students Office, 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 Dean of Students Office.

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:

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.

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 Universitywide Administrative Memorandum 515.1.

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 by the 11th day of classes, 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.

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.

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

The right to obtain a copy, upon paying a copying fee, of Universitywide 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, e-mail 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 inform 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 Dean of Students Office 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 Dean of Students Office expunges student disciplinary records car­rying sanctions less than expulsion or sus­pension after three (3) years from date of incident.

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. A suspension is removed from the transcript on the expiration date of the suspension.

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.

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.

The university will mail grade reports to students at their current mailing address. Grades will not be mailed to parents unless the parents’ and student’s address is the same.

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.

 

Withholding of Grades and Transcripts

                The Office of Records and Registration is authorized to withhold grades and transcripts 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:

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

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

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

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.

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:

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

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

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

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.

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.

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

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.

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 Dean of Students Office 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 (VCESS), or director of communications, if deemed necessary. Disciplinary files are main­tained in the Dean of Students Office.

                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.

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 Dean of Students Office 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 Dean of Students Office 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:

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

Skill development and equipment for self-protection.

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:

Counseling and Career Planning (CCPS).

Disability Support Services (DSS).

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:

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.

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

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

·          Dean of Students Office

        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 417                       569-3185

For help off campus:

Community

·          Rape Crisis Hotline                       663-3334

·          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.

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.

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.

Requesting a substitution:

The student should make a written request to:

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

the chair of the 504 Policy Committee.

The request should include:

the course in question;

the nature of the disability and the reason for the request (the reason taking the required course would amount to discrimination based on the disability);

the student’s history with the course or subject matter, including any attempts to pass the class, whether accommodations were requested, and what accommoda­tions were available;

the student should attach docu­mentation of the disability from a qualified diagnostician, and may attach letters or other documents supporting the request. Documen­tation refers to a diagnosis made by a medical, psychological, educa­tion, rehabilitation, or other profes­sional qualified to make the par­ticular diagnosis.

At the department chair and dean level, the chair or dean will meet individually with the student within ten (10) class days following receipt of the request. Any substitutions that are made at the department or dean level, and a sum­mary of the specific circumstances, should be reported by the chair or dean to the 504 Policy Committee chair and the vice chancellor/provost.

If the case continues to the 504 Policy Committee level, the committee chair will review the request and documenta­tion, and will set a meeting to occur no later than thirty (30) days following receipt of the request. The committee chair will invite representatives from the affected academic departments.

The student will be given a minimum of ten (10) class days advance notice of the meeting date. The student will be informed at this time that he or she may bring representatives knowledgeable about the disability. These representa­tives might be staff from DSS or the Office of Human Relations, rehabilita­tion counselors, members of an advo­cacy group such as Advocacy Services, faculty members who specialize in the disability, or persons qualified in the diagnosis/treatment of the disability.

The committee chair will schedule additional meetings if needed, and the committee will reach a decision based on the individual circumstances and the law.

The committee chair will inform the student in writing within ten (10) class days of the decision.

The committee decision may be appealed to the vice chancellor/provost within ten (10) class days of notifica­tion. The vice chancellor/provost’s decision may be appealed to the chan­cellor within ten (10) class days of notification.

Information on how to file a formal 504 complaint is available through the des­ignated human relations officer in the Office of Human Relations. Students may seek this information at anytime.

In the Event the Student has Taken or is Required by the Committee to Take the Course

                If the student has not attempted the class in question, or has not attempted the class with modifications made to accommodate the disabil­ity, the committee may decide on a case-by-case basis that the student should attempt the class with modifications before the committee will proceed further with a decision on course substitution.

                If the committee requires the student to attempt the class, or if the student has already attempted the class and the committee later determines that a substitution is appropriate, the student may be retroactively withdrawn from the course and grades will be deleted from the tran­script.

Composition of the Committee

                A committee whose members are trained and knowledgeable about current disability law, including the Rehabilitation Act of 1973, Section 504, Subpart E – Postsecondary Education, and who do not object to the concept of course sub­stitution on principle, should be established to handle substitution requests on a case-by-case basis.

                The committee shall be a standing subcom­mittee of the Faculty Senate, and shall consist of five (5) members appointed by the Faculty Sen­ate president, to include a staff person from DSS and a student representative from the DSS Advi­sory Council. Committee members will serve for a period of two (2) years (The DSS staff person may continue to be the same staff person beyond this term due to the small number of staff per­sons in DSS).

Committee Responsibilities

                Committee members will be responsible for having an understanding of the law requiring course substitution and its purpose.

                Committee members will be responsible for looking at each request on a case-by-case basis. The assumption is that each student is uniquely individual. Students within a common disability category shall not be assumed to have the same needs and circumstances as do others in that category, i.e., the issues will not be identical for two students who are visually impaired.

                Committee members will be responsible for taking a fact-finding, problem-solving approach.

                The committee chair will be responsible for determining which persons from the academic departments in question, who are not members of the committee, should be involved in the indi­vidual case, e.g., chairs from academic depart­ments in the student’s major field and the department responsible for the course in ques­tion. Those asked to be present in an individual case will not be voting members of the commit­tee but rather representatives of the departments providing information to the committee. The committee chair will also coordinate the sched­uling of the meeting(s) and inform the student of the committee’s decision.

                All participants will be responsible for ensuring all records and discussion are kept con­fidential (refer to the following section on confidentiality).

Confidentiality and Procedures for Handling Confidential Information

                Information about a student’s disability is confidential. When the student provides docu­mentation of disability at the department, col­lege, and committee levels, the student will sign a form indicating consent to release the specific information to the necessary department, college, and committee members. This information may not be shared, either orally or in writing, with any parties beyond those directly involved in the proceedings and decision-making. The student may request that all documents be returned to the student or DSS at the conclusion of the case. It is suggested that documents be passed out at the beginning of committee meetings and returned to the committee chair at the conclusion of each meeting, making the chair the only person responsible for ensuring that they are kept in a manner in keeping with the legal right of the student to confidentiality. Faculty who are mak­ing accommodations in the classroom, whether written documentation is provided or not, must also be aware that the student’s signature indi­cating consent to release confidential informa­tion, and to whom, is needed.

Student Responsibilities

                The student, in most cases, will be required to make a good-faith attempt to take the course. If the student is required by the committee to take the course, the student will be responsible both for exploring possible accommodations that could improve the likelihood of success in the course and for requesting these accommodations from the instructor.

                The student will be responsible for making substitution requests in writing to the department chair, the dean of the college offering the required course, and the chair of the 504 Policy Committee, in that order, progressing to the next level only if the request is not granted at the pre­vious level. It is not necessary for the student to have a specific course in mind as an appropriate substitute for the required course prior to making the request.

                The student will be responsible for provid­ing documentation of disability and other materi­als pertaining to the request that the committee deems necessary.

Faculty Responsibilities

                Any time a student with a disability requests instructional classroom or testing accommoda­tions in a course and those accommodations are determined by DSS to be necessary in order to equalize opportunity for success, the instructor is responsible for implementing those accommoda­tions.

        The instructor will use as resources infor­mation from the student, from DSS staff, and from the UALR Faculty Handbook: Teaching Students with Learning Differences and Accommodation Needs, available at DSS.

                If the instructor questions the need for an accommodation, or is unclear after talking to the student as to how it should be implemented, the instructor should contact DSS at 569-3143. The instructor should also call if concerned about whether the student has a disability that would require the accommodation.

Publication of Procedures

                Procedures will be publicized in appropriate student handbooks and through offices such as DSS, Dean of Students Office, the Office of Human Relations, the Vice Chancellor/Provost Office, and other appropriate offices.

Smoking Policy (Revised August 22, 2001)

                Smoking on all UALR campuses is regu­lated under the authority of Act 462 of the 76th General Assembly of the State of Arkansas, 1987. In accordance with this statute and recog­nizing the ill effects of tobacco on both its smoking and nonsmoking faculty, staff, students, and visitors: the university and its assembly declare that UALR buildings on all campuses shall be smoke free. Smoke free means no use of smoking materials of any kind in UALR build­ings (including outside hallways and stairwells). Smoking is also prohibited in State vehicles unless the vehicle is assigned to one person for their own use.

                Employees and students who choose to smoke must do so during their authorized breaks outside of UALR buildings. Smoking outside of buildings shall be at least twenty (20) feet from the main and handicapped entrances in desig­nated areas equipped with receptacles for the appropriate disposal of the smoking materials.

                All individuals are responsible for enforce­ment of this policy. If an individual cannot resolve a problem encountered while attempting to maintain the smoke free environment, the next in the chain of authority will be asked to help resolve the problem.

                Standard disciplinary procedures shall be followed for students, staff, and faculty who fail to abide by this policy.

Computer Systems Appropriate/Acceptable Use Policy

(December 5, 2000)

                Information Technology (IT) has the ability to distribute and examine a vast array of material with unprecedented speed. One requirement however, remains constant: all IT use must fully respect the rights of the university and IT com­munity members. This Appropriate/Acceptable Use Policy (AUP) is designed to guide faculty, staff, and students in the acceptable use of net­work and information systems provided by UALR. More importantly, it is meant as an application of principles of respect using UALR computer resources, other computer users, and for the medium itself.

                The UALR community is encouraged to make innovative and creative use of IT in sup­port of education and research. Consistent with other university policies, this AUP is intended to respect the rights and obligations of academic freedom as well as to protect the resources of the university.

                The university campus network is an open network and therefore cannot protect individuals against the existence or receipt of material that may be offensive to them. Those who make use of electronic communications are warned that they may come across or be recipients of mate­rial they find offensive. Those who use e-mail and/or make information about themselves avail­able on the Internet should be forewarned that the university cannot protect them from invasion of privacy and other possible dangers that could result from the distribution of personal information.

                IT and network facilities of the university are finite and limited. These facilities should be used wisely and carefully with consideration for the needs of others. When used appropriately, these tools can enhance dialog and communica­tions. When used inappropriately or unlawfully, these tools can infringe on the rights of others.

                Current use of IT parallels familiar activities in other media and formats, and existing univer­sity policies already provide guidance. Using electronic media in the place of standard written correspondence, for example, does not funda­mentally alter the nature of the communication, nor will it alter the guiding policies. UALR poli­cies that already apply to freedom of expression, privacy, and related matters, apply to electronic expression as well. This AUP addresses circum­stances which are new or at least unfamiliar in the IT arena and augments rather than replaces the applicable university policies.

Definitions

                UALR IT Systems include the computers, terminals, printers, networks, modem banks, and related equipment, as well as data files or docu­ments residing on disk, tape, or other media, which are owned, managed, or maintained by Computing Services and/or faculty/staff of UALR. For example, IT Systems include institu­tional and departmental systems, IT Systems managed by Computing Services, faculty research systems connected to the campus net­work, the campus telephone system, and the uni­versity’s campus network which is designed and managed by Computing Services. Privately owned equipment, such as laptops, PDAs, and home computers are considered an IT System if attached directly or remotely to the campus net­work and/or used to access the campus network.

                A User is any person, whether authorized or not, who makes any use of any IT System from any location. For example, this definition includes persons who access IT facilities via an off-campus electronic network, e.g., the campus network/Internet, to connect a personal machine to any other networked system or service. An IT User is a user with authorization to access UALR IT Systems. IT Users include students, faculty, staff, alumni or alumnae with accounts on IT Systems.

                A System Administrator is an individual with the authority to determine who is permitted access to a university department system or server. For example, the associate director of networks is the campus network system admin­istrator.

                Network Security Officer (NSO) is an indi­vidual charged with maintaining the security of the university network and as such has the authority to investigate security violations to ensure that security policy is complied with.

Purpose

                The purpose of IT is to further the research, educational, and administrative functions of UALR. To achieve this purpose, this Policy intends:

To ensure the integrity, reliability, and per­formance of IT Systems and Network.

To ensure that the community of IT Users utilize the IT facilities in a fair and equable manner with respect for the rights of the community at large.

To ensure that IT Systems and network are used for their intended purposes.

To establish sanctions and processes for addressing violations.

Scope

                This AUP applies to all IT Systems owned, managed or administered by faculty, staff and students, and any use of those systems. Many particular IT Systems, e.g., UALR’s News and World Wide Web sites, e-mail services, etc., have service-specific policies which apply in addition to this AUP. Please refer to postings available with each system to identify all appli­cable policies.

Use of IT Systems

Proper Authorization

                Use of IT Systems is restricted to authorized faculty, staff, alumni, and students. The admin­istrator of a campus system, server, and/or cam­pus network component is the responsible authority that grants authorization for system use and access.

Appropriate/acceptable use

                IT Systems and network may be used only for the intended authorized purposes. For exam­ple, privately owned computers may not host sites or non-UALR organizations across the IT managed network without specific authorization.

Commercial Use

        Without specific administration authoriza­tion, activities using IT Systems and network for non-UALR commercial purposes are prohibited. This is not meant to restrict normal communica­tions and exchange of electronic data, consistent with UALR’s education, clinical, and research roles, that may have an incidental financial or other benefit for an external organization, For example, it is appropriate to discuss products or services with companies doing business with UALR or to contribute to Facfocus discussing issues relating to commercial products.

Vendor Contracts

                All use of IT Systems and network must be consistent with all contractual obligations of the university, including limitation defined in soft­ware and other licensing agreements.

Privileges for IT Users

Free Inquiry and Expression

                IT users are afforded free inquiry and expression consonant with the purposes of the university.

Reasonable Confidentiality

                IT users can expect reasonable confidential­ity for particular data. System administrators will identify categories of data which will be man­aged as confidential on a particular IT System and will make all reasonable efforts to maintain the confidentiality of that data. However, limited risks do apply to confidentiality, for example to technical limitations, software bugs, and system failures. System administrators will take reason­able steps to inform IT users of the limit to con­fidentiality for their respective IT Systems. IT users are expected to become familiar with those limits and risks of confidentiality and to manage the confidential data accordingly. Confidentiality of data must comply with the State of Arkansas Freedom of Information Act (FOIA).

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UALR INFORMATION TECHNOLOGY USERS SHOULD HAVE NO EXPECTATION OF PRIVACY

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Responsibilities for all Users

Unauthorized Use

                Users must not permit or assist any unau­thorized person to access IT Systems. For exam­ple, any non-UALR organization or individual without appropriate authorization may not use UALR IT Systems. Each campus user must have and use a unique logon/password to a campus IT System. Multiple user logons or passwords is in violation of this Policy.

Security

                Users must not defeat or attempt to defeat any UALR IT System security, e.g., by “crack­ing” or guessing user identifications or pass­words, compromising room locks or alarm sys­tems, utilize software that will probe a network user system, or a sniffer gathering logon/password data.

Unauthorized Data Access

                Users must not access or attempt to access data on a UALR IT System they are not author­ized to access. Users must not make or attempt to make any deliberate, unauthorized changes to data on an IT System. Users must not intercept or attempt to intercept data communications not intended for that user’s access, e.g., network sniffing or wiretapping.

Concealed Identity

                Users must not conceal their identity when using IT Systems. Users must use their own login ID and password.

Denial of Service

                Users must not deny or interfere with or attempt to deny or interfere with service to other users on campus or off campus by means of “resource hogging,” deliberate distribution of computer worms or viruses, or modification of any IT System. Knowing or reckless distribution of unwanted mail or other messages is prohibited.

Copyright

                Users must observe intellectual property rights including, in particular, copyright laws as they apply to software, licensing, and electronic forms of information.

External Data Networks

                Users must observe all applicable policies of external or off campus data networks when using such networks.

Modification of Data or Equipment

                Without specific authorization, users of IT Systems must not cause, permit, or attempt any destruction or modification of data or computing or communications equipment including but not limited to alteration of data, reconfiguration of control switches or parameters, or changes in firmware. “Specific authorization” refers to per­mission by the owner or system administrator of the equipment.

Personal Account Responsibility

                Users are responsible for the security of their IT System accounts and passwords. Any user change of passwords must follow published guidelines. Accounts and passwords are assigned to single users and are not to be shared with any other person without authorization by the system administrator. Changing another person’s pass­word is considered a form of harassment and unethical behavior.

                Users are presumed to be responsible for any activity carried out under their IT System accounts.

Responsibility for Content

                Representatives of IT publish “official” information in a variety of electronic forms. A statement of the Certifying Authority publishing the information will normally identify such offi­cial information. A Certifying Authority is that IT department or individual who certifies the accuracy of an electronic document and IT appropriateness for the conduct of IT business.

                Users also publish information in electronic forms on IT equipment and/or over UALR’s networks. UALR does not have any intention or opportunity to screen such private material and thus cannot assure IT accuracy or assume any responsibility for this material. Any electronic publication provided on or over UALR equip­ment and/or networks, which is not legitimately identified by a Certifying Authority, is the pri­vate speech of an individual user.

                Offensive content is to be reported to the NSO for investigation.

E-mail Use

                UALR’s electronic mail facilities should not be used to:

send unauthorized mass mailings of any type.

send rude, obscene, harassing, or illegal material, or material that in any way con­flicts with the regulations of the university.

send any material that in any way conflicts with state or federal law.

perform an operation or activity that degrades the performance of UALR’s IT Systems and/or network.

Threats and Harassment

                Users may not use IT Systems to threaten or harass any person. A user must cease sending messages or interfering in any way with another user’s use of IT Systems if the aggrieved user makes a reasonable request for such cessation.

Removal of Equipment or Documents

                Without specific authorization by the system administrator, users must not remove any univer­sity-owned or administered equipment or docu­ments from an IT System.

Foreign Devices

                Without specific authorization by the system administrator, users must not physically or elec­trically attach any foreign device, e.g., external disk, printer, network sniffer, sniffer software, network monitoring software, modem, or video system, to an IT System.

Violations

                Users must not conceal or help to conceal or "cover up" violations by any party.

                Users are expected to report any evidence of actual or suspected violation of this policy to the system administrator of the facility most directly involved. In case of doubt, the report should be made to the NSO and/or chief information officer (CIO).

Reporting of Security Violations

                If a user observes and/or suspects a security violation, that user is obligated to report such to the NSO.

IT Rights

Personal Identification

                Users of IT Systems must show identifica­tion including university affiliation upon request by a system administrator, NSO, or university authority.

Access to Data

                Users must allow systems administration personnel access to data files on IT Systems for the purpose of making backups, diagnosing sys­tem problems and investigating policy and/or campus network security violations.

Oversight Authority

                The NSO is authorized to investigate alleged or apparent violations of IT policy or applicable law involving IT Systems and/or network using whatever means appropriate. The NSO will maintain a log and incident reporting of all such incidents. Any emergency action will be logged and security incident appropriateness reviewed after the fact.

Enforcement Procedures

                UALR may restrict network and IT Systems use when faced with evidence of violation of university policies, federal, state, and local laws. UALR reserves the right to limit access to net­works and IT Systems. UALR may limit access to material posted on IT Systems that is deemed inappropriate or not in keeping with the educa­tional, research and community service missions of the university.

                System administrators are authorized by UALR Network Security Policy to apply certain penalties to enforce applicable policies. Such penalties include temporary elimination of access privileges, which may apply to networks and other IT services or facilities.

                When a systems administrator believes it necessary to preserve the integrity of facilities, user services, or data, he or she may suspend any account, whether or not the account owner (the user) is suspected of any violation. The system administrator will attempt to notify the user of any such action.

                If, in the opinion of the systems administra­tor, the violation warrants action beyond a sys­tem administrator’s authority, he or she may refer the case to other authorities such as the NSO, the university disciplinary body appropri­ate to the violator’s status, or to an employee’s supervisor.

        The entire copy of the UALR Campus Network: Security Policies & Procedures for Acceptable Use is available in the Dean of Students Office. Computing Services, and at http://netsuc.ualr.edu/Policies/NSP/NSP-AP1.htm website.

        Please contact the associate director for net­works & technical support in Computing Services or the Dean of Students Office for questions and comments about this Policy.

Library Privileges

        The facilities of the Ottenheimer Library are maintained to allow each student the best possi­ble academic advantages. The basic collection is composed of numerous serial subscripts, current monographs, reference materials, electronic databases and indices, and government docu­ments. The library also houses video and micro­film materials, sound recordings, a reserved reading collection, and archival materials that emphasize Arkansas history. Reference assis­tance, library instruction sessions, computer lit­erature searches, and Interlibrary Loan services are available to the entire UALR community. Open seven days a week, normally for 87 hours, the library and its staff provide information services needed by all. Browsing the collection is encouraged through the operation of an open-stack system.

        UALR students, faculty, and staff are encouraged to use the library to the fullest extent. Several areas in the library are designated for quiet study and a Rules of Conduct policy is enforced. Full circulation privileges are given to persons who present a current UALR ID card at the Circulation Desk. There are no overdue fines, however, students’ financial records will be flagged if materials are not returned. Students lose their ability to dispute notices of overdue material if they do not respond within fifteen (15) class days.

        Protection of the collection is achieved through electronic book theft detection equip­ment and a closed circuit TV (CCTV) system. In the event of detection system alarm, library per­sonnel are required to search books, briefcases, and other closed containers for improperly charged items. This security check is necessary to safeguard materials purchased with state and private funds, the theft of which is punishable by law under Title 13, Arkansas Code.

Bookstore Policies

        If you drop or change a course, or do not need a book you have purchased, course books may be returned under the following conditions:

1.        Returns must be accompanied by a current cash receipt.

2.        Books in absolutely new condition free of all markings with pencil or ink may be returned during the first two (2) weeks of classes.

3.        Used books may be returned during the first two (2) weeks of classes.

4.        Bookstore personnel are the sole judges in determining whether books are in new or used condition.

5.        General books and special orders are not returnable.

6.        Defective books should be returned for exchange immediately upon discovery of the defect.

        The bookstore will post the dates on which it will buy back books from students.

Lost and Found Policies

        All items turned into various department and offices will be sent to DPS the same day they are received. Until the articles are returned to the rightful owner or other dispensation is made, the articles will be stored in a secure facility at DPS. A record of each item will be maintained and a release form will be completed before returning property to the owner. Property will be released between the hours of 8:00 a.m. to 5:00 p.m. weekdays.

Address and Communications

        All students are required to maintain a cor­rect residence and mailing address with the uni­versity and report any changes of address to the Office of Records and Registration or use BOSS (website: www.ualr.edu).

Student Identification Card

                The official student identification card of UALR is called the Campus Card and is valid when you are enrolled in classes at UALR. Carry this card with you at all times. This card is not transferable and does not need to be validated each semester, even when you do not attend con­secutive semesters. This card does not authorize the holder or obligate UALR in any manner. Failure to present this card when requested by any university official is a violation of university regulations and may subject the holder to disci­plinary action. This card is your authorization for access to university facilities, services, and activities, e.g., Fitness and Aquatics Center, library, student activity events, health services, athletic events, etc. This card can also be used as a declining balance card for purchases at Dining Services. Lost or stolen cards should be reported to the DSC. Your first Campus Card is free; replacement cards cost $15.00 each. Campus Cards are issued at the DSC.

Use of University Name or Seal

                The name of the University of Arkansas is used in many contexts and for a wide range of purposes. It is important to the institution that the use of the name “University of Arkansas at Little Rock” be limited to activities which are, in fact, activities of the university. As a consequence of legal considerations, use of the university seal is restricted to specific official departments and agencies of the university.

Vehicle Registration

                Every student who owns or operates a motorized vehicle on the university campus must register it at DPS.

Public Safety and University Police

                The university is located within the city limits of Little Rock, Arkansas. Therefore all federal, state, and local laws apply to the cam­pus. The university has adopted certain rules and regulations to provide for the safety and security of persons and property on campus.

                The UALR police officers are constituted peace officers and possess all the powers pro­vided by law for city police and county sheriffs, to be exercised as required for the protection of the state institution. The university police are also responsible for determining the necessity of advisory, control, and regulatory signs, other measures for safety, and the proper flow of vehicular and pedestrian traffic on campus. Such officers are authorized and empowered to arrest, with or without warrant, any person on the cam­pus who is in violation of federal, state, or local felony laws or any person who commits a mis­demeanor in the presence of the officer.

                Traffic regulations are normally distributed by the DPS during orientation and registration periods. Copies may be obtained from DPS, the Student Government Association (SGA), and the DSC Information Center.

Bicycle Policy

                This Policy’s use of the term “bicycle” is understood to include bicycles, roller-skates, in-line skates, scooters, skateboards, and other non-motorized vehicles inclusively.

Every person operating a bicycle on campus shall do so in accordance with the traffic control devices and rules of the road that are applicable to motor vehicles under Arkansas law.

No person shall operate any bicycle except on established roadways, parking areas, or bicycle paths.

When a bicycle crosses a pathway for pedestrian travel or a marked pedestrian crossway the operator shall yield the right-of-way to any pedestrian within the areas specified.

No person shall park a bicycle in any man­ner that will impede pedestrian or vehicle movement. Prohibited areas include, inside buildings, hallways, walkways, ramps, etc.

If a bicycle is parked in an unauthorized space or manner, DPS may immobilize the bicycle by lock and chain. A notice will be placed on the bicycle instructing the opera­tor to report to DPS.

A bicycle may be impounded if it is parked in an unauthorized space or manner or it has been abandoned.

DPS will not be responsible for bicycle locks that may be destroyed in the impoundment process.

Any impounded bicycle not claimed within sixty (60) days shall be considered aban­doned and shall be disposed of by the uni­versity as abandoned property.

Any person whose actions result in a viola­tion of this code will be issued a violation ticket.

Alleged violators of this code have the same avenue of appeal as an operator of a motor vehicle.

UALR reserves the right to change these regulations and to add, remove, or reallocate parking areas as the need arises.

UALR DPS is vested with the powers, duties, and jurisdiction to administer and enforce this code.

Pet Policy

                Any person in violation of this Policy will be issued a citation.

Animals are prohibited in classrooms, offices, or any building unless they are clas­sified as guides for the handicapped or as instructional or research animals.

All animals on campus grounds must be attended at all times.

Persons bringing animals on campus must comply with state and local leash and regis­tration laws.

Inclement Weather Policy

                The chancellor will determine whether UALR will be closed due to inclement weather or other conditions which have made roads impassable. When UALR is closed, all classes on and off campus will be cancelled and all offices in all units will be closed. Designated employees in security, switchboard, mainte­nance, and housekeeping may perform necessary duties.

                All radio and television stations in central Arkansas will be notified through the Office of Communications when the university is closed. If there is no announcement, students, faculty, and staff should assume that the university is open.

                If a decision to close the university is made after 8:00 a.m., all university personnel will be notified through normal administrative channels. For example, for instructional units the decision will proceed from the chancellor through the vice chancellor and provost, deans and chairperson, to faculty and staff. Until a person receives notice from his or her immediate supervisor, he or she should assume that the university is open.

                When the university is closed, certain key personnel will work. Those employees will be identified by their supervisors. Employees who must report to work will be allowed compensa­tion time of one (1) hour for one (1) hour worked. All hours in excess of forty (40) per week will be compensated at one and one-half hours for each hour worked. All questions regarding time worked will be arbitrated in com­pliance with the Fair Labor Standards Amend­ments of 1985. Persons who are not required to work when the university is officially closed will be granted excused absence. Payroll reporting and time keeping will be prescribed by the Payroll Department.

                Each academic department should develop and submit to the dean, to be filed with the vice chancellor and provost, appropriate internal poli­cies and procedures for providing instruction when the university is open but some members of the teaching personnel are unable to reach campus. Other university department heads should file a plan with the appropriate vice chancellor to maintain essential services.

                The Policy Advisory Council will recom­mend to the chancellor if and when missed class days should be made up.

                In the event dangerous weather is indicated by the weather alert sirens, persons wishing to seek protective shelter will have freedom to do so.

Campus Signs and Poster Regulations

                “Signs include billboards, decals, notices, placards, posters, banners, and posting as any means used for displaying a sign.”

                The campus is open to posting of signs by the university community and non-university groups or individuals within the following restrictions:

All signs and posters must have the stamp of the appropriate office. Before publicly posting a sign or billboard, the individual, non-university group, residence hall, univer­sity department, Greek group, and RSO must have the sign stamped by the Office of Campus Life (OCL). Signs and billboards placed outdoors on university grounds must be approved for location by the Physical Plant director.

Indoor bulletin boards located in academic and administration buildings are normally restricted for the use of the university schools and colleges, departments, adminis­trative units, university groups, and RSOs. If the indoor bulletin boards are to be used for posting, the unit that maintains the bulletin board must grant approval.

Before publicly posting a sign, the individ­ual, academic department, university office, or group must have the signs stamped for posting by OCL.

Billboards, banners, and posters exceeding 14”x22” are restricted for the use of univer­sity schools and colleges department, administrative units, RSOs, and university groups. Those desiring to use the DSC Mall (west) area for posting must receive approval from the DSC director or designee.

Signs must be removed from the campus and bulletin boards no later than forty-eight (48) hours following the event publicized.

All events sponsored by RSOs or university student groups must be placed on the UALR Master Calendar prior to posting and adver­tising the event.

All signs must carry the name of the spon­soring individual or group.

A sign may not be attached to:

a shrub, tree, or plant, or placed on any landscaped area

a permanent sign installed for another purpose

a fence, chain, or its supporting structure

brick, concrete, masonry structure, glass, or other finished surfaces on the campus

Signs may not be secured by driving stakes in the ground or by digging holes to stabilize signs.

During SGA elections exceptions are made regarding sign and poster regulation. Stu­dents campaigning for SGA offices should contact the SGA office for election code regulations concerning posters or signs and OCL for waivers or exceptions.

The dean of students/designee, university police officers, and physical plant grounds employees may remove signs, posters, etc., on university property that are in violation of the sign and poster regulation.

Violation of these regulations may result in future denial of posting privileges for a designated period of time.

Distribution of Printed Materials

                Distribution of printed materials, e.g., news­papers, handbills, pamphlets, literature, etc., is permitted on campus as long as there is no inter­ference with the normal operation of the univer­sity and with the following restrictions:

Non-members of the university community may not make use of university buildings or grounds for any distribution purposes unless registered with OCL in advance. In addition, distribution of printed materials in univer­sity-owned buildings or grounds by Greek organizations, residence hall, individual stu­dents and RSOs may occur only if the mate­rials are stamped in advance by OCL.

In no case may any distribution include materials which are libelous, obscene, or violate or encourage the violation of federal, state, or local laws. Individuals distributing printed material deemed contrary to federal, state, or local laws do so on their own responsibility and will subject themselves to arrest and prosecution by the public authori­ties, and in addition, a student will subject himself or herself to disciplinary action.

Placing printed material on vehicles is prohibited.

Printed materials must have the name of the individual or group clearly indicated on the printed material.

Individuals from off campus desiring to sell commercial newspapers shall contact the associate vice chancellor for facilities and services or designee for information and general policies.

The distribution of printed material must not disrupt the flow of faculty, staff, or student traffic, or interfere with the rights of others.

Normally the campus is open for the distri­bution of printed material Monday through Thursday from 7:30 a.m. to 9:00 p.m. and on Fridays until 5:00 p.m.

Printed matter may be sold on the campus only in the DSC or Mall, in areas designated by the DSC director, and such sale is subject to the limitation that it must not disrupt food services or the free flow of faculty, staff, or student traffic.

Demonstration and Mass Gathering

                Students and groups planning a demonstra­tion or mass gathering must inquire at OCL regarding the time and location for holding such events. An advance notice of forty-eight (48) hours is required to allow the university to check the calendar of events to determine appropriate and designated areas available and allow for the university to provide for adequate DPS or police protection both for the demonstrators and the university property. Normally, the designated hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday.

                The right of students to express views through demonstrations and mass gatherings is protected on campus so long as they do not materially disrupt the normal on-going campus functions, interfere with the rights of others, or engage in the destruction of property. If students plan or participate in a lawful demonstration which subsequently becomes violent and destructive, then only those who personally engaged in the unlawful conduct may be subject to disciplinary action. Students may not prohibit others from free movement on campus and use the First Amendment as a justification of their action.

Authorization to Offset Amounts Due the University by an Employee Against Amounts Owed by University to That Employee

                The university shall have the right to offset against amounts due and payable to an employee, including student-employee, by the university, those liquidated amounts due and payable by the employee to the university for any reason, with the university then paying the net amount remaining to the employee in full satisfaction of his or her wages or other amount due as follows:

Non-members of the university community may not make use of university buildings or grounds for any distribution purposes unless registered with OCL in advance. In addition, distribution of printed materials in univer­sity-owned buildings or grounds by Greek organizations, residence hall, individual stu­dents and RSOs may occur only if the mate­rials are stamped in advance by OCL.

In all other cases of offsets against an employee’s wages, the university may only offset amounts owed the university against those wages which are above the statutory minimum hourly wage.

If the amounts owed to student-employees constitute payments for work-study or are student loans under a program guaranteed or established by the U.S. Government, any offset shall be subject to laws and regula­tions governing those programs.

The university may offset amounts owed to the university against all sums owed to an employee other than wages, or student work-study or loan payments.

                Subject to the above limitations, each chan­cellor through the business officer of that cam­pus, may develop with an affected employee a repayment plan for successive offsets so that the entire amount owed to the university is not offset on a single occasion; provided however that no such plan shall be developed in the instance of any final settlement of accounts, such as where a final check for wages for a terminating employee may be involved.

University Facilities Policies

Use of University Facilities

Statement of Principles

                The University of Arkansas has an obliga­tion to its students and the larger society of which it is a part to provide the fullest opportu­nity for a free exchange and critical evaluation of diverse viewpoints. This means freedom to teach, freedom to learn, freedom to discuss, and freedom to expose ideas to the critical analysis appropriate to the university setting. In order to accomplish its mission, the administration, fac­ulty, and students have a continuing responsibil­ity for preserving the properly directed use of the institution’s freedom to teach, discuss, and explore.

                The university’s dedication to the spirit of free inquiry requires the examination and evaluation of controversial viewpoints but obvi­ously does not require the endorsement of such viewpoints. Divergent points of view must be recognized but at the same time kept within a framework of orderly conduct in accordance with human dignity.

Policy Statement of the Board of Trustees

                University facilities exist for the primary purpose of serving a planned and scheduled pro­gram of educational activity. At times when not required in the regularly planned educational program, the university facilities may be made available for extracurricular use to colleges, departments, and other organizational units of the university; to organizations composed exclusively of faculty and staff; to organizations which exist solely for the benefit of the univer­sity; and to recognized student organizations with the approval of the faculty advisor.

                University facilities under the law cannot be made available to other organizations for their own purposes. However, when a facility is in use neither for a regularly scheduled educational activity not for an extracurricular use by one of the university organizations listed above, the president or chancellor is authorized to approve the use of the facility when such use serves the educational objectives of the university. It is an objective of the university to provide opportuni­ties for university and broader communities to see and hear major leaders from throughout the state, nation, and world. Speeches and debates by or on behalf of candidates for major state or national offices may be scheduled in university facilities under arrangements which allow reasonable opportunities for opposing candidates or points of view. It must be made clear that the university neither supports nor opposes the views stated by and/or the candidacy of such individuals.

Procedures

Faculty and Staff

                A member of the facul