Student Rights and Responsibilities

Introduction to Student Rights and Responsibilities

This section provides important information on policies and procedures relating to student rights and responsibilities. Students also should read and be aware of the information throughout this publication concerning these and other issues, including The Labor Program, The Academic Program, Academic Performance Standards, Student Conduct Regulations, Community Judicial Code, and so on.

Academic Honesty / Dishonesty

Students are expected to be scrupulous in their observance of high standards of honesty in regard to tests, assignments, term papers, and all other procedures relating to class work. Academic dishonesty as used here includes, but is not limited to, plagiarism, cheating on examinations, theft of examinations or other materials from an instructor’s files or office or from a room in which these are being copied, copying of an instructor’s test material without the permission of the instructor, theft of computer files from another person, or attributing to one’s self the work of others, with or without the others’ permission. Falsification of an academic record with intent to improve one’s academic standing also shall be construed to be academic dishonesty.

Hutchins Library staff members have prepared an informative online summary of plagiarism, which is the act of presenting someone else’s work as one’s own. In the library’s Facts on Plagiarism, plagiarism is described in detail to help students define, understand, and avoid questionable practices.

When Academic Dishonesty is suspected, the following process is followed:

In the event a student is suspected of being guilty of academic dishonesty, the faculty member in whose course the offense allegedly occurred is responsible for pursuing the matter, making an initial determination, and deciding upon an appropriate course-related sanction up to and including failure of the course. When an instructor is convinced that academic dishonesty has occurred, the instructor will counsel with the student involved in an effort to determine an appropriate course of action. The minimal action is to reject the work in question. The instructor then must report the finding in writing to the Director of Academic Services, appending any documentary evidence of the dishonesty, and furnish the student with a copy of the written report. The Director of Academic Services then will record the report in a confidential file.* If multiple charges in the student’s confidential file are observed, the Director will report this student to the Student Admissions and Academic Standing (SAAS) Committee for adjudication and possible further sanctions, including suspension. While deliberating to determine appropriate consequences, the SAAS Committee may ask for information from the student’s previous disciplinary or labor records. The student shall be informed of the names of those consulted by the Committee.
An instructor has the option of referring any single case of alleged academic dishonesty to the SAAS Committee for adjudication and/or disciplinary action, even in the absence of multiple charges. Also, in any case involving alleged dishonesty, the student has the right to appeal an action taken by the instructor to that Committee. Upon receipt of the written report, the Director of Academic Services will inform the student that there is one week in which to initiate an appeal of any part of the instructor’s report. Such appeals are to be sent to the Director of Academic Services.
While functioning as a judicial body to determine guilt or innocence, the SAAS Committee will observe the judicial procedures defined in the Community Judicial Code contained in the Berea College Student Handbook. Cases involving false testimony before the SAAS Committee while that committee is functioning as a judicial body will be heard by the Student Life Council. Students who appear in a hearing before the SAAS Committee shall determine whether student members of the Committee shall participate in the adjudication.

*The principles of this policy and procedure were approved by the College Faculty in 1973.

**The purpose of keeping the confidential file separate from the student’s regular permanent student record is to make it possible for one person, the Director of Academic Services, to be aware of multiple violations. Besides calling such occurrences to the attention of the SAAS Committee, the Director will furnish information from the file concerning the violations of a particular student upon request by the Campus Conduct Hearing Board, the Student Life Council, the individuals reviewing applications for readmissions, or the Labor Program Council. The purpose of furnishing such information to these bodies is to assist them in their effort to obtain perspective on the student as a whole while deliberating to determine appropriate consequences in a particular case. Except as noted above, no group or other individual will have access to the file.

Appeals

Students have the right to appeal any charges. See specific appeals processes described throughout this publication for charges to a student account, financial aid eligibility, labor and academic suspension, Convocation regulations, grades, and judicial code. In general, appeals concerning academic matters should be directed to the Director of Academic Services; appeals for parking fines/citations should be directed to the Parking Citation Appeals Committee (through the Department of Public Safety); all other appeals are directed to the Vice President for Labor and Student Life. (Also see Complaints from Students and the index or search feature for this publication for more information on specific appeal processes.)

Appointment Regulations

In order that the Academic Program, the Labor Program, and the general business of the College can be efficiently and effectively accomplished, it is important that all students meet their various appointments promptly. Failure in these obligations will result in penalties as stated in the specific notices. Students often are summoned to the various administrative offices by a written request. A student who continually fails to heed such notices will be subject to administrative withdrawal from the College. (See Communication Responsibilities on Campus and Withdrawals from the College.)

Attendance Policy for Students

Class attendance policies and labor assignment schedules are established by individual faculty members and labor supervisors. Responsibility for meeting attendance requirements rests with the student. Any failure to meet scheduled class sessions, labor schedules, or other appointments must be cleared with the faculty member and/or labor supervisor.

In addition to notifying supervisors and instructors, any time students will be off campus more than two consecutive weekdays (except during official school breaks)—out of the residence hall and/or the classroom—they must inform the Residential Life Collegium Office of their plans, in advance, giving the date of return. Off-campus students who will not be attending classes or labor assignment for more than two consecutive weekdays also must inform the Residential Life Collegium Office.

Legitimate reasons do arise for absence from classes and labor. When such situations do occur, the student is responsible for:

Notifying the faculty member or labor supervisor in advance except in cases of emergency. Emergency situations should be reported to the Residential Life Collegium Office as soon as possible. With the student's permission, instructors and supervisors can be notified of the emergency.
Arranging in advance to cover course or labor assignments where necessary and possible.
Arranging to make up lost time or assignments.
Providing supporting information regarding the absence when requested or otherwise indicated.

No College office or service can excuse students for absence from classes or labor assignments, which can be excused only by a faculty member or labor supervisor. However, supporting information related to an absence may be obtained from various offices and services to be used in consideration of a request for excused absences The following situations are examples of supporting information that may be provided by offices and services in regard to absences:

Personal Emergencies

Personal emergencies, including death of a family member, requiring absences should be reported to the Residential Life Collegium Office, and, if requested by the student, notice will be provided to appropriate faculty members and labor supervisors indicating the existence of an emergency situation or other personal circumstances.

Medical Problems

Medical problems resulting in absences may or may not involve the attention of the Student Health Services. Upon the request of a faculty member or labor supervisor, and with the student’s written permission, the Student Health Services will review the medical situation and provide a statement of medical opinion on the need for or advisability of absence from classes and/or labor.

Military Service

Approval for absence from classes and labor must be made in advance, when possible, if a student is called to active military duty or to Reserve or National Guard duty or training. The student must receive approval for the absences from each of the student’s instructors and labor supervisor and notify the Residential Life Collegium Office and the Office of Academic Services in advance and preferable before the beginning of the term in which the absences are expected. The student must submit copies of military orders to the Residential Life and Collegium Office as soon as practicable. Absences for military service do not automatically provide an excused absence. Individual faculty members and labor supervisors establish class attendance policies and labor assignment schedules and the approval of absences rests solely with them. If absences cannot be accommodated, the student can request a Leave of Absence for that term.

Faculty members report excessive absences to the Early Intervention Program in the Office of Academic Services, which will perform an attendance check with the student’s other instructors to determine if the problem is widespread. A student demonstrating attendance problems in two or more courses may be called in for counseling and academic assistance. The student’s advisor and the instructor who initiated the attendance check will be notified of any action. (Also see Early Intervention Program and Satisfactory Academic Progress.)

Banning Persons from College Property Policy

Berea College reserves the right to ban person(s) from the College campus or other College property when the presence or actions of such person(s): (i) constitutes a violation of federal, state or local laws or ordinances, (ii) poses a threat to the safety or security of the Berea College community or property; or (iii) [demonstrably] interferes with the teaching, work or learning of the College’s faculty, staff or students. Such decisions are made by an Officer of the College in consultation with the Director of Public Safety.

Effective Date: May 31, 2011

Approved by: Administrative Committee

Campus Safety and Security

Berea College Public Safety (at 985-3333 or ext. 3333) is the central point of contact for all matters related to the safety of the College community and all issues related to personal security and protection of property.

Berea College has developed policies and procedures, offers educational programs, cooperates with local law enforcement agencies, and supports a Department of Public Safety to enhance the safety and security of its students, employees, and guests. The College recognizes shared responsibility for the welfare of the community and reminds students and employees of their personal responsibility to take prudent precautions and to inform others, especially Public Safety, about known safety hazards or security concerns.

Criminal, threatening, or suspicious activity, as well as injury or serious illness, should be reported promptly by calling Public Safety.

Officers have direct 24-hour radio contact with Berea and Madison County emergency response personnel and can contact other agencies for assistance when conditions necessitate. Telephone ext. 911 is used only for confirmed emergency situations that require the immediate assistance of Berea City Police, Berea Fire Department, and Madison County Ambulance Service. Please use discretion and call only in cases of an emergency. If 911 is dialed in error, please stay on the line and let the operator know that it is not an emergency.

Public Safety officers provide on-campus walking escorts to students who find themselves out on campus late at night and feel concern for their safety.

The persons recognized by the institution as Campus Security Authorities have a responsibility to report to Public Safety any known reportable crime within 24 hours of becoming aware of the situation. In addition to the Public Safety Director and all professional security staff members, the following are recognized Campus Security Authorities:

Vice President for Labor and Student Life
Assistant Vice President for Student Life
Director and Members of the Residential Life Collegium
Residence Hall Student Staff
Campus Life Director
Faculty and staff advisors to clubs and organizations
Director, Black Cultural Center
Director, Associate Director, and International Student Advisor of the International Student Center
Athletics Director and Coaches for: Baseball, Women’s Softball, Women’s Golf, Volleyball, Women’s Track, Men’s Track, Men’s Soccer, Women’s Soccer, Cross Country, Men’s Tennis, Women’s Tennis, Country Dancers, Swimming, Dance Group, Cheerleading
Intramural Director and Athletic Trainers
Trio Program Director and Upward Bound Director
Students for Appalachia Director, CELTS, and Project HEAL Staff members
College Deans
Director of Academic Services
Members of the Administrative Committee
Director, First-Year Programs

The Public Safety Director is the person responsible for the proper notification to State Fire Marshall’s Office for all fires and threats of fire.

Safety alerts to campus of potentially threatening situations

When an incident occurs that may have a bearing on the present safety of the campus community, the College, within 24 hours of the first report of the incident, notifies members of the campus community. Information on the type of incident and threat is given, along with recommended prudent safety practices and procedures related to the incident. Information is sent directly to students, faculty, and staff members by use of the College e-mail system. Depending on the perceived needs at the time, the school may additionally choose to post written notices in residence halls, distribute information through the College Web site, post information in the Berea College Post Office or notify through appropriate media. The community is urged to heed any advisories issued by the institution and work together in the joint effort of making the campus a safe place to live, work, and learn.

Students enjoy dual citizenship in general society and in an academic community. Berea College makes no attempt to shield its students from consequences of their actions, thus, status as a Berea student does not exempt anyone from local, state, or federal laws. In fact, being a member of an educational institution imposes an additional obligation to abide by all the rules of the institution, as well. Laws and the College’s conduct rules operate independently, though Public Safety and law enforcement agencies work cooperatively. When a crime has been committed, the College is obligated to notify the proper authorities so they may discharge their duty under the law. In such a case, the law does not substitute for Berea College’s rules and the College may pursue its own procedures for adjudicating alleged violations of the College’s conduct rules independent of any legal proceedings. Public Safety reports to the appropriate department on violations of College policies and regulations.

Some Safety DOs and DON’Ts

General Campus Safety

Don’t walk alone late in the evening.
Don’t study alone in classroom buildings at night.
Do walk in well-lit areas.
Do walk with confidence and self-assurance.
Do know where phones in the area are located.
Do read all caution and warning labels on containers.

Vehicle Safety

Do wear your safety belt.
Don’t travel alone for long distances.
Do carry keys to the vehicle in-hand for quick access to car if necessary.
Do park in well-lit areas.

Bike Safety

Do record serial numbers, the make, and the model.
Do lock bike to bike racks.
Do engrave your name or Student ID number on bike.
Do cross the street at crosswalks.
Do wear a helmet.

Residence Halls

Do lock your room door, even if you plan to be away only a short period of time.
Do record serial numbers on all electronic equipment.
Do unprop and close any residence-hall doors found open.
Do report immediately any suspicious activity or crime you observe.
Do avoid placing yourself in dangerous situations.

Fire Prevention

Don’t attempt to exit a room if door handle is hot or smoke is in the hall.
Don’t use a fire extinguisher on other than very small fires (example: trash cans)
Do activate fire alarm pull station immediately.
Do become familiar with fire evacuation procedures posted on residence-hall doors.
Do know where fire extinguishers and pull stations are located.
Do call ext. 3333 or 911 when alarm sounds in any building.

Crosswalk Safety

Don’t enter a crosswalk if the “Don’t Walk” sign is flashing.
Do cross only at crosswalks and whenever possible, cross only at signaled crosswalks.
Do wait until traffic stops before entering a crosswalk.
Do push the button once to request a “Walk” signal.
Don’t expect the “Walk” signal immediately.
Do remember that motorists also are trying to get somewhere and we need mutual respect in these busy intersections.

The College produces an annual report of campus crime statistics and security policies and procedures, available at their office on the first floor of Woods-Penniman Hall, or online at http://www.berea.edu/public-safety/campus-information/campuscrimestatistics/. (Also see Residence Hall Rules and Regulations, and the Department of Public Safety.)

Communication Responsibilities on Campus

It is the responsibility of all students to check their campus e-mail accounts and CPO mailboxes regularly for important communications and/or deadlines. Electronic and CPO mailboxes must be maintained so that neither mailbox becomes too full to receive mail. Valuable academic information also is available at the MyBerea Web portal.

Complaints from Students

Specific Appeals Processes

By directing complaints to the appropriate office or individual, students may be assured of appropriate action, when necessary. Included in the Berea College Catalog and the Student Handbook are policies and procedures for receipt of and response to student complaints or appeals in the following areas: charges of academic dishonesty, academics and grades, administrative withdrawals (suspensions, etc.), refunds, fines and charges, records contents and access, discrimination, harassment, sexual misconduct and assault, judicial actions and procedures, housing, convocations, and labor matters. Written student complaints in other areas should be addressed to the director of the office, service, or program with which the complaint is concerned.

Harassment/Sexual Misconduct Complaints

Reports of harassment/sexual harassment should be directed by email to TitleIX@Berea.edu or by phone to 859-228-2323.

Also see Harassment and Sexual Misconduct.

Discrimination Complaints

Questions or complaints regarding discrimination (see “Nondiscrimination Policy” in this section) should be referred to the office or committee responsible for the activity concerned, e.g. athletics, student labor, academic courses. In addition, the College has appointed the following Compliance Officers under these provisions of law:

Disabilities Discrimination

The Vice President for Operations and Sustainability, Derrick Singleton, serves as Section 504 Compliance Coordinator. Questions or complaints in the area of disabilities discrimination should be referred to that office in Lincoln Hall 230. Or call 859-985-3130 (See appeal-process information in Disabilities Services.)

Sex Discrimination

Sex discrimination questions or complaints may be directed to the Title VII/Title IX Coordinator, Katherine Basham, via email at TitleIX@berea.edu or by phone at 859-228-2323.

General Complaints to Ombudsman

When a complaint does not fit one of the published processes for adjudication, the student should contact the Ombudsman for Students, Gus Gerassimides, for guidance. (His office is located in 4 Fairchild Hall.) Acting in the Ombudsman capacity, he informs relevant parties to such complaints and refers for action, mediates, or otherwise investigates the complaint, providing appropriate documentation of the complaint and action taken.

Computer and Network Policy

Introduction

Berea College is dedicated to a mission of learning, labor and service. In support of this mission, the College provides access to information resources, including computer equipment, computer networks and telecommunications to its students, faculty and staff (collectively, the “College Community”).

The Berea College Computer and Network Policy (the “Policy”) contains the College’s policy and guidelines governing use of its Information Technology Resources by all members of the College Community. “Information Technology Resources” means, without limitation, all computers, printers, scanners, networks, internet portals, telecommunications equipment and lines, together with all other hardware and software owned or utilized by the College. Information Technology Resources also includes any privately owned hardware or software which is connected to any of the College’s computers, hardware, networks or telecommunications equipment. The College expects each member of the College Community to use these resources responsibly, ethically, and in compliance with this Policy, state and federal laws, and all contractual obligations of the College and third parties with respect to any component of the College’s Information Technology Resources.

The use of Berea College’s Information Technology Resources is a privilege. If a member of the College Community fails to comply with this Policy, relevant laws, or contractual obligations, that member’s privilege to access and to use the College’s Information Technology Resources may be revoked.

By adopting this Policy, Berea College recognizes that all members of the College Community are bound not only by the Policy but also by state and federal laws including those relating to electronic media, copyrights, privacy and security. Other College policies that relate to this Policy include the Berea College Student Handbook, the Berea College Faculty Manual, and the Berea College Employee Handbook. Each member of the College Community is expected to be familiar with the relevant policies. All questions of interpretation of this Policy should be addressed to the Chief Information Officer.

Objectives

This policy is intended to:

Maximize the effectiveness and efficiency of the College’s Information Technology Resources for all members of the College Community.
Promote an equitable sharing of resources among all authorized users.
Protect each individual’s privacy and freedom of expression.

At the same time, the College wishes to:

Encourage exploration and learning.
Help people learn how to become more self-sufficient in using computers and computer networks.
Provide information technology resources to support the educational, labor and service missions of the College.

General Use

A. Any member of the College Community with a valid Berea College I.D. Card (a “User”) may use any of the computers in the student public access areas, except when these areas have been reserved. Users may also apply for and receive a network mail account. Temporary access to Information Technology Resources may also be extended on a limited basis to campus visitors. The College reserves the right, in its sole and absolute discretion, to refuse access to its Information Technology Resources to any person who is not a member of the College Community.

B. All Users are responsible for helping to maintain a sound computing environment. Acts which serve to degrade Information Technology Resources, whether deliberate or otherwise, are prohibited. Berea College has the right to monitor, limit, or restrict specific technologies that disrupt or degrade Information Technology Resources.

C. Information Technology Resources are made available primarily for academic and administrative activities. Unauthorized use of Information Technology Resources for commercial purposes is prohibited.

D. Administrative or academic use of Information Technology Resources takes precedence over non-academic use.

E. Individuals should report any reasonable suspicion of computer security problems to the IS&S Service Center or the Director of Network Services.

F. Software applications licensed by Berea College may not be copied except according to the applicable license agreement. Illegal copying of licensed software is prohibited.

G. The following statement was adopted by the Faculty on May 14, 1992, and forms an integral part of this Policy:

Respect for intellectual labor and creativity is vital to academic Discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form and terms of publication and distribution.

Because information stored on electronic media is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in electronic environments, such as computer, VCR, etc. As members of the academic community, we value the free exchange of ideas. However, just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, personal files, applications, databases, and codes. Violations will be handled in the same manner as all other acts of dishonesty. (Adapted from a statement developed by EDUCOM, an organization of over 2000 colleges and universities.)

H. Current state and federal laws regarding obscenity and pornography, libel and slander, and misuse of the mails for threats and anonymous letters apply to electronic mail, Internet and bulletin boards. Users are expected to use common courtesy, avoiding vulgarity, obscenity and profanity.

I. The general codes of conduct for students and employees apply to all users of Information Technology Resources.

J. Berea College reserves the right to terminate, limit or restrict any individual user’s access.

K. The President or a Vice President of the College may, without notice, terminate, limit or restrict user access for good cause. The Chief Information Officer may authorize immediate removal of any data, file or system resource that may undermine the College’s Information Technology Resources.

Electronic Communications

A. When creating electronic messages, users should be conscious that electronic information is easily duplicated and may be shared widely.

B. Using electronic communication for any form of harassment is prohibited.

C. Initiating or continuing electronic chain letters is prohibited. A chain letter is “a letter instructing the recipient to send out multiple copies so that its circulation increases in a geometrical progression as long as the instructions are followed.” (American Heritage Dictionary, 1995).

D. Spamming is prohibited. Spamming is defined as the act or acts of flooding mailboxes, bulletin boards and multiple mail lists with unsolicited messages.

E. The purpose of local bulletin boards is to share campus-wide information. Outdated messages not removed by the posting User will be removed by the administrator.

F. There is one official Berea College web site http://www.berea.edu/ containing information about Berea College with links to departments’ and organizations’ resources. Allocations of space for Internet resources (web sites, FTP servers, etc.) may be obtained by application to the Chief Information Officer.

G. Technical resources placed on or connected to the College’s Information Technology Resources are subject to all other College policies, standards and procedures. Copyrighted materials may not be displayed on the network or Internet resources without written permission from the copyright holders.

Freedom of Expression and Misconduct

Freedom of Expression and an open environment in which to pursue scholarly inquiry and share information are encouraged, supported and protected at Berea College. Censorship is not compatible with the goals of the College. While the College rejects censorship, behavior that constitutes misconduct as defined in this policy will not be protected. It must be remembered that “misconduct” within the framework of the College’s Information Technology Resources may also constitute a violation of general college regulations and of state or federal law.

User Privacy

Unauthorized users are obviously not entitled to privacy within the framework of the College’s Information Technology Resources, but even among authorized users, any violation of this Computer and Network Policy may also suspend the right of privacy. In such instances, an Officer of the College or the Chief Information Officer may, without notice, authorize Information Systems and Services personnel to access or disable such User accounts or files. Users should also be aware that User accounts, files and information may be disclosed upon subpoena or order of a court of competent jurisdiction.

However, all authorized users (members of the College Community and others) are entitled to privacy in all their authorized use of the College’s Information Technology Resources. Each User identity, log-in name, account name, or any other User ID and associated password belongs to an individual, office or department. No one should use a User identity, log-in name, any user ID, or account name and password without explicit permission from the owner thereof. No one should use aliases, nicknames, pointers, or other electronic means to attempt to impersonate, redirect or confuse those who use the network. No one should use aliases, nicknames, pointers, or other electronic means to capture information intended for others without the explicit permission of the intended recipient. In order to protect his/her privacy, each User should accept responsibility for the appropriate use and dissemination of his or her user identity, log-in name, user ID, and account name and password.

Information Systems and Services personnel have access to files belonging to Users, but this access may be used only when it is essential for the maintenance of a system or the network itself.

*As adopted by the College and General Faculties, April 26, 2001

Revised December 3, 2004 to reflect changes to Information Systems and Services job titles and department structure. As revised by the Administrative Committee, June 15, 2011.

Consensual Relationship Policy

In their relationships with students, it is expected that faculty and staff members will conduct themselves with the highest level of professionalism. An open, fair, and effective educational environment depends on the respect of all members of the community for the appropriate roles of those who work and learn together. Accordingly, where they have direct and formal professional responsibilities (including, but not limited to teaching, advising, supervising, coaching, and evaluating in any way), faculty and staff members are prohibited from engaging in a consensual relationship (romantic or sexual) with a Berea College student. Even in the absence of such direct and formal responsibilities, consensual relationships between faculty/staff members and students may adversely affect the College’s learning environment and are strongly discouraged.

Approved by the General Faculty Assembly and the Board of Trustees, May, 2011.

Procedures: See Procedures for Reporting, Investigating, and Hearing Alleged Violations of Certain College Policies.

Decision-Making and Campus Governance

Students have an important role in institutional decision-making at all levels of the College. The Student Government Association, the Campus Activities Board, the Board of Residents, and House Councils provide opportunity for a large number of students to guide policy and make decisions relative to campus policies, programs, and procedures. The Student Government Association represents students’ interests to the faculty and administration, and the students who sit on the College’s Executive Committee also are voting members of the General Faculty Assembly. The Campus Activities Board has authority for expenditure of Student Activity fees for educational, social, and recreational programs. House Councils and the Board of Residents assume a primary role in residence hall governance. In addition, by virtue of their offices or through a campus-wide recruitment process conducted by the Student Government Association, students serve as voting members of all faculty councils and committees (except those concerned with employee grievances or matters of employment), are included in a number of ad hoc committees, and attend Board of Trustee meetings.

Demonstrations Protests and Rallies Policy

Demonstrations, protests, and rallies must be pre-approved through the Campus Life Office (Alumni Building) at least three days prior to the event. The following regulations must be followed:

Requests must specify purpose, location, date, and time. (Note: the College Triangle area may not used for such events. Triangle use will be permitted for College and College/community events when approval has been given by the Business Office, when all necessary city permits* have been issued, and when arrangements have been made through the Berea City Police Department for the closing of Main Street during the event, e.g., the community Christmas Parade, the community Spoon Bread Festival, organized Street Dances, the Berea United and Diverse Celebration, etc.)
Organizers and participants must not:
1. block pedestrian or vehicular traffic;
2. directly confront passersby;
3. block building entrances or exits;
4. locate themselves on city streets or sidewalks without a city permit*;
5. interfere with other College-sanctioned activities, e.g. class meetings or residence hall students’ studying or sleeping.
Organizers must:
1. abide by the pre-approved beginning and ending times;
2. confine the event to the pre-approved location;
3. notify Public Safety of the event (prior to Campus Life approval) and arrange for Public Safety presence if needed;
4. clean up the area before departing.

City Permit Process *

A formal letter of request including details of the event must be submitted to the Mayor, and the organization must submit an application form. Forms can be picked up at the City Clerk’s office in Berea. The Mayor or a designated City Official must approve this form. The application must be made at least 24 hours in advance, and requires an advance-processing fee of $50 if the Police Department or other City Office presence is needed.

Mayor Steven Connelly
City of Berea
212 Chestnut Street
Berea, KY 40403

* The City permit covers public areas only and does not apply to use of any private property. The City reserves the right to accept or decline any applications, or waive fees.

Disability Services

A Disability Services Coordinator is available to assist students with disabilities in anticipating and planning for their full participation in the academic, labor, and social programs of Berea College. The Coordinator acts as a liaison with other College departments and offices in arranging responses appropriate to the student’s particular situation. Some of the services available to qualifying students with disabilities include: communication with faculty and advisor regarding student needs; accessible classroom and housing; determination of appropriate accommodations; classroom accommodations or modifications; assistance with obtaining recorded textbooks; extended testing time; and information and referral for additional services. A student must contact the Disability Services Coordinator and provide appropriate documentation in order to receive services. For an appointment call ext. 3212.

The Disability Services Coordinator works closely with the Section 504/ADA Coordinator to assure compliance with the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1992. Also, the Section 504/ADA Coordinator receives complaints related to possible discrimination based on physical access needs. The Vice President for Operations and Sustainability serves as the Section 504/ADA Coordinator.

Disability and Accessibility Services (DAS) Grievance Policy and Procedures

Disability & Accessibility Services (DAS) is committed to promoting equal access to all programs, services, and activities at Berea College. Students who are concerned that they have been denied equal access as described in Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990 (ADA) are encouraged to follow the procedures outlined below. Please see the U.S. Department of Education website for more information about Auxiliary Aids and Services for Postsecondary Students with Disabilities.,

Students have two ways to express their concerns: an informal resolution procedure available through the DAS Coordinator and a more formal grievance procedure through the ADA Compliance Officer. Although students are encouraged to solve disputes at the lowest possible level and to use internal procedures to the fullest extent, a student may choose to initiate a formal grievance at any time.

The U.S. Department of Education, Office of Civil Rights (OCR), encourages individuals first to use internal grievance procedures, and when such procedures meet OCR's investigative standards, OCR will generally defer to the results reached if the process provided for fair consideration of the grievance (http://www2.ed.gov/about/offices/list/ocr/prevention.html).

Informal Resolution Procedure

Clear communication between students, faculty/staff, and DAS is vital to utilizing DAS services effectively. Where possible, students are encouraged to first address concerns and problems with the individuals most directly involved in the situation: the DAS coordinator regarding eligibility for accommodations and specific accommodations; the individual faculty or staff member in the cases of implementation or lack of approved accommodations.

Students are encouraged to express any concerns with the DAS Coordinator, Lisa Ladanyi (985-3327, 111 Lincoln Hall, lisa.ladanyi@berea.edu). If for a specific reason the grievance cannot be discussed with the DAS Coordinator, or if the complaint is about the DAS Coordinator, contact DAS supervisor, Curtis Sandberg (985-3237, 113 Lincoln Hall, Curtis_Sandberg@berea.edu).

Students who are experiencing difficulty in receiving authorized accommodations by a faculty or staff member, department, or program should first address their concerns with the faculty or staff member charged with providing the accommodation.

DAS is available to offer assistance by discussing and exploring options with the student and/or faculty or staff member, contacting the concerned party in an effort to clarify issues, facilitating a meeting with the concerned parties, and/or advocating for the student’s right to receive appropriate and effective accommodations to the extent required under either the Rehabilitation Act or the ADA.

The Kentucky Department of Education State ADA Coordinator is available for consultation in regard to any questions or concern a student may have about one’s accommodations (1-877-423-2933 or www.ada.ky.gov).

A student who is not satisfied with the resolution on this level may choose to file a formal complaint.

Formal Grievance procedure

The student may submit a formal written grievance to the Berea College ADA Compliance Officer, Derrick Singleton (985-3131, 230 Lincoln Hall, Derrick_Singleton@berea.edu). When making a formal complaint, a student should include specific information about the concern or problem (describe the issue(s), incident(s) and the action(s) taken; state the name of the individual(s) or office(s) involved; and show documented efforts to resolve the complaint). The Compliance Officer will meet with the student to discuss the complaint and will conduct any necessary investigation.

The Compliance Officer will issue a written decision including findings and remedial actions, if any, to be taken by Berea College and/or the student. This decision shall be issued to the student and any others deemed appropriate within fifteen (15) calendar days of the Compliance Officer’s receipt of the complaint. Files and records on all formal grievances shall be maintained by the ADA Compliance Officer.

Appeal procedure

If a student is not satisfied with the formal grievance procedure, the student may appeal to the President for de novo review of the Compliance Officer’s decision. The appeal must be made in writing within five (5) calendar days of the decision. The determination of the President on any such appeal is final.

If the grievance is not resolved internally at the College, the student may choose to file a complaint with the Office of Civil Rights, U.S. Department of Education (100 Penn Square East, Suite 515, Philadelphia, PA 19107; Tel: (215) 656-8541; Fax: (215) 656-8605; OCR.Philadelphia@ed.gov. How to file a complaint of discrimination with OCR.

Approved by the Administrative Committee, February 2015.

EDGE Program

EDGE (Empowering a Dynamic Generation through Education) is the name given to Berea College’s program that provides a laptop computer to every student. In addition to laptop computers, the EDGE program provides access to the campus network and the Internet from many locations, including classrooms and residence hall rooms, as well as access to software, classroom multimedia technology, technical support, and training. Students who graduate from Berea College receive ownership of their laptop computers upon completion of transfer of ownership documents available at the Information Systems & Services (IS&S) Technology Resource Center (TRC).

Participation in the Berea College EDGE student laptop computer program is required of every Berea College student. Regular full-time students are charged a technology fee of $170 per term ($340 per year) for the program. Part-time students also pay a technology fee as part of their access fee. These fees cover a portion of the cost of the program. Every student must sign an EDGE Student Participation Agreement and Network/ E-mail/Web Account Application form prior to being issued a laptop computer or a permanent network / e-mail / Web account at the college.

Students having difficulty with their EDGE laptops should bring them to the IS&S Technology Resource Center in the Computer Center adjacent to the Hutchins Library to receive assistance. If a laptop requires repair, a temporary replacement computer can be checked out. Students are responsible for their EDGE laptop computers and will be charged for the value of the computer if it is lost, stolen, or destroyed. Students are encouraged to purchase homeowners or rental insurance to cover the risk. In the event of damage to the computer or loss of components, students are charged a processing fee per incident plus the cost of repair parts. Equipment failure is covered by manufacturer warranty and such repairs are done at no cost to the student.

In their use of Berea College computing resources, students are expected to comply with the Berea College Computer and Network Policy, the Berea College IS&S Network Usage Guidelines and the Berea College Social Media Policy as well as other applicable College policies and federal, state, and local laws. Those policies cover security, privacy, copyright, acceptable use of e-mail, and other topics.

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Education Abroad Policies

Policy on Education Abroad Funding

To encourage Berea College students to include international study in their degree program, the College makes available grants and loans to support international travel that earns academic credit. Because funding is limited and the goal is to enable as many students as possible to enrich their education, the number of times a student can receive financial support from the College is restricted. New and transfer students in their first two regular terms of study are ineligible for financial support. Students who are U.S. citizens can apply for funding to participate in an education abroad program (excluding internships, independent studies, or team-initiated studies). International students, already having an intercultural experience through study at Berea, can apply for institutional funding for one faculty-led Berea International Summer Term (BIST) course. International students generally will not receive funding to spend a term outside the United States. However, those majoring in a foreign language may be eligible for a scholarship from the Foreign Languages Program.

Policy on Probation and Education Abroad

Students must be in good standing to participate in approved education abroad opportunities, including, but not limited to, Berea Term Abroad (BTA), Berea International Summer Term (BIST) courses, internships, and independent or team-initiated studies. As such, students on labor, academic, and/or social probation are not permitted to apply for, register for, and/or participate in such opportunities. All students registered for education abroad opportunities will be subject to a mid-term labor performance review, and those found to be significantly deficient in meeting the required labor obligation will not be allowed to go abroad. Any student placed on probation during or at the end of the term preceding international study will not be allowed to participate in an education abroad opportunity, even if the student has been registered.

Exceptions to this policy must be approved by the Education Abroad Advisor and by the appropriate administrator: the Director of Academic Services for academic probation, the Dean of Labor for labor probation, or the Assistant Vice President for Student Life for social probation.

Policy on Continuing Abroad for a Second Term

A student who participates in an approved full term-length education-abroad program may continue abroad for a second term of study and remain registered at Berea College only with the approval of both the academic advisor and the Education Abroad Advisor. This approval will be granted only under the following conditions: a revised curriculum plan is submitted demonstrating that the extension will not increase the total terms in the undergraduate program, the academic advisor endorses the revised curriculum plan, and no additional institutional financial aid is being requested.

Policy on Medical Immunizations for Education Abroad

Students participating in international study/travel opportunities are required to receive from Student Health Services or a recognized travel authority such as the U.S. Centers for Disease Control and Prevention or similar body all immunizations recommended for travel to a particular region. Exceptions to this policy will be made only for a student who has had a waiver from immunization for religious reasons on file with the College from the time of initial enrollment. Any student requesting exemption must receive counseling from Student Health Services concerning the risks they are assuming prior to signing a special waiver form before every international trip. (Also see “International Education “Here and There” in the Catalog.)

Emergency Contact Information

Students are required to keep up-to-date emergency contact information in their official student record. This information can be provided by the students using their MyBerea Web portal, or by visiting the Student Service Center in Lincoln Hall. A hold will be put on the student’s account until the information is provided.

All residential first-year students will be given the opportunity to designate confidential contact information as part of a required on-line orientation process. Thereafter, the student will be responsible for updating contact information as needed. All current and continuing students will be given the opportunity to provide and update confidential contact information within the first two weeks of every fall term.

Emergency Evacuation

Individual Responsibility in Evacuation

A resident or user of any campus building has the responsibility to familiarize her/himself with the evacuation procedure posted in each building. Be aware of evacuation routes and of the location of exits, stairwells, phones, and elevators.

Persons with disabilities who may need assistance should inform College personnel, including the Disabilities Coordinator (in the Office of Academic Services) and the Department of Public Safety, of the nature of the disability and the type of assistance that may be needed. Residential students also must inform their Hall Coordinator and Collegium member of the accommodations needed. Students also should notify labor supervisors and instructors because evacuation may be required from the workplace, classroom, or laboratory.

Evacuation procedures begin with the sound of a building alarm. Immediately move to the nearest stairway and exit the building. Do not use elevators during fire evacuation. If immediate exit is not possible, move a safe distance away from the danger area.

Individuals who must stay in place until emergency personnel arrive should be sure to inform another person of their specific location so they can inform the emergency responders. If you are unable to make telephone contact, call Public Safety at 985-3333 (campus extension 3333) or dial 911 to provide information about their location. They should give their name and location and describe the emergency and any special needs they might have. (Also see Campus Safety and Security and the Department of Public Safety Web site at www.berea.edu/publicsafety.)

Funding Internships and Off-Campus Experiential Learning Opportunities Policy

Berea College supports student experiential education opportunities off-campus in the form of internships and summer work or service experiences that support the aims and outcomes of a Berea College liberal-arts education. Such experiences promote engaged learning by helping students find connections between theory and practice, between learning in courses and learning outside the classroom, and between their academic interests and potential career possibilities. Learning is optimized when these experiences are intentionally designed to include reflection and assessment. Students may use these experiences to earn academic credit and/or to meet the Active Learning Experience required for graduation.

The College makes available limited institutional funds to help support student internships and summer work or service experiences (whether for credit or not), provided that the experience meets both of the following criteria:

The experience must further the student’s educational or career goals;
The experience must include reflection on the experience and conclude with an appropriate summative assessment of the experience.

Eligibility for institutional funds is limited to two internships or summer work/learning/service experiences. Funding for such experiences is subject to availability of funds. Preference is given to experiences for academic credit. No funding will be provided for projects that do not include the required reflection and assessment. Students on academic, labor, or social probation are not eligible to receive funds.

Each student who plans to engage in the type of experiential education described above should consult the Internship Office for additional information and to complete the relevant forms. Projects must receive the approval of this office in order to obtain funding from any campus department.

Approved by the Administrative Committee on February 22, 2012.

Harassment Policy

Berea College, in light of its mission in the tradition of impartial love and social equality, welcomes all peoples of the earth to learn and work here. This means that the College welcomes all students and staff who seek to live and to learn at Berea in the context of the College’s mission as expressed in the Great Commitments. But this does not mean that all behaviors are considered acceptable. Given Berea’s inclusive welcome to all peoples of the earth, the College will not tolerate speech and acts that are harassing to anyone on account of race, gender, age, religion, sexual orientation, national origin, or other such distinguishing characteristics. (As adopted by the General Faculty, December 7, 2000; Revised by Administrative Committee, June 2011.)

Commentary:

Harassment prohibited by this policy includes verbal or physical conduct that, because of its severity and/or persistence, substantially interferes with the mutual respect and collegiality afforded all individuals at Berea College. In particular, harassment may include verbal or physical behavior directed at an individual that is abusive of that individual’s distinguishing characteristics, including race, gender, age, religion, sexual orientation, or national origin, to such an extent as to substantially interfere with the individual’s work or education or adversely affect one’s living conditions.

In prohibiting harassment in all its forms, Berea seeks to preserve and enhance academic freedom for all members of the campus community. Nothing in this policy is intended to limit the freedom of inquiry, teaching, or learning necessary to the College’s educational purposes, or to inhibit scholarly, scientific, or artistic treatment of subject matter appropriate to an institution of higher education.

Reporting:

This policy applies to all persons enrolled or employed at Berea College. Berea College is committed to investigating and resolving all complaints. Such complaints should be directed via email to TitleIX@berea.edu or by phone to 859-228-2323.

Procedures for reporting, investigating, and hearing alleged violations of this policy involving faculty, staff or administration are found at Procedures for Reporting, Investigating, and Hearing Alleged Violations of Certain College Policies.

For cases involving student on student violations of this policy, offenders will be disciplined in accordance with provisions of the Student Judicial Code.

Hutchins Library Materials Use

The following regulations are designed to ensure equitable and reliable access to library materials. Copies of the full Circulation Policy are available at Hutchins Library and on the library’s Web site at www.berea.edu/hutchinslibrary.

Students use their bar-coded Student Identification card in order to check out or renew materials from Hutchins Library. No materials will be checked out or renewed without this personal identification card. Students are responsible for all materials checked out on their cards.

Berea College students working on course assignments have priority in the use of Hutchins Library computers.

Theft, misuse, or damage of materials will result in disciplinary measures against those responsible. Reports of any violations will be sent to the Director of Library Services (CPO LIB or ext. 3266) for appropriate action.

Immunization Policy

Students matriculating at Berea College are required to have the following immunizations: DPT series with current Td or Tdap booster (within 10 years); polio series; meningococal; and two measles, mumps and rubella (MMR) injections after the first birthday. Immunization for hepatitis A & B and chicken pox, while not required, are highly recommended. Also recommended are TB screening and the human papilloma virus vaccine.

Exceptions to this policy may be made for a documented allergy to substances in one or more of these vaccines or on the basis of a sincere and genuine religious belief prohibiting a particular immunization. Such a medical or religious waiver must have been applied for on the appropriate College form and granted by Student Health Services at the time of enrollment.

Students participating in College sponsored international study/travel opportunities are required to receive from Berea Student Health Services or a recognized travel authority such as the Center for Disease Control or similar body all immunizations recommended for travel to a particular region. Exception to this policy will be made only for a student who has an approved immunization waiver on file with the College from the time of initial enrollment. However, such waiver may affect ability to participate in certain international travel opportunities. The College retains the right to deny approval for travel for which academic credit and/or funding is being provided by the College should it be felt that the health of the non-immunized student or other community members might be jeopardized.

All traveling students requesting exception to recommended travel immunizations must receive counseling from Student Health Services staff concerning the risks they are assuming, must sign a special waiver application form before every international trip, and must receive approval from College Health Service. If approval is given and disease does occur, mandatory dismissal from campus may be required until the student is disease free. http://www.whitehouseclinics.com/index.htm

Insurance

Berea College does not carry insurance on personal property of students regardless of where such property is located. It is recommended that students insure their personal property through their parents’ or individual homeowner’s and/or vehicle insurance policies. (Also see Campus Safety and Security for tips on caring for property and valuables while on campus.)

Intellectual Property Rights Policy

Introduction

Berea College is committed to providing an environment that supports the learning, teaching, scholarship, and creative activity of its faculty, students, and staff. Within this context, the Intellectual Property Rights Policy is intended to:

encourage excellence and innovation in teaching, scholarship, and creative activities by identifying and protecting the intellectual property rights of faculty, staff, students, and the College;
encourage the notion that creative and scholarly works produced at Berea College should advance the state of knowledge and contribute to the public good;
acknowledge and preserve the traditional property rights of scholars with respect to products of their intellectual endeavors (e.g., books, articles, manuscripts, plays, writings, musical scores, and works of art); and
guide policy and process for commercial uses of intellectual property other than the traditional products of scholarly work.

This Policy covers all types of intellectual property, including, in particular, works protected by copyright, patent and trade secret laws. Although the following list is not exhaustive, it provides examples of the kinds of work the Policy addresses: inventions, discoveries, trade secrets, trade and service marks, writings, art works, musical compositions and performances, software, literary works, and architecture.

Policy

The College owns the rights to all works, inventions, developments and discoveries (herein referred to as “work” or “works”) created by employees within the scope of their employment (including students working in the College Labor Program) or whose creation involves the substantial use of College equipment, services, or resources. This includes any patentable invention, computer-related software, databases, web-based learning, and related materials, but will not be applied to such traditional scholarly works as books, articles, manuscripts, plays, writings, musical scores, and works of art (from here on, “scholarly works”). The “work-for-hire” rule in the Copyright Act gives the College ownership of the copyright to copyrightable works produced by any employee within the scope of their employment. (See “I.” below for “ownership of intellectual property” and “II.” for “scope of employment.”) However, in the case of scholarly works, the College cedes copyright ownership to the author/creator(s). It is not the intent of this Policy to change the relationship between author/creator and the College that has existed through the years in relation to copyright ownership of scholarly works.

The use of College equipment, services or resources is “substantial” when it entails a kind or level of use not ordinarily available to all, or virtually all, faculty, staff, and/or students. (See “III.” below for “substantial use.”) Where question arises as to whether a particular work involves “substantial use” or falls within the “scope of employment,” the matter shall be referred to an ad-hoc committee comprised of two members of the Executive Council selected by the author/creator, the Academic Vice President and Dean of the Faculty or designee, and the Vice President of Operations and Sustainability or designee.

When employee-created intellectual property results from third-party grants, contracts, or awards made to the College, the intellectual property is owned by the College unless written agreement involving the College, the employee, and the sponsor establishes an alternative ownership arrangement. No such agreement shall be entered into without the review and approval of the Academic Vice President and Dean of the Faculty.

A compilation is a work formed by the collection and assembly of College-owned and individual-owned intellectual property in such a way that the resulting work as a whole constitutes an original work. If a work is a compilation, each contributor shall retain all ownership interests in his/her intellectual property; but by allowing the work to become part of the compilation, he/she thereby grants a non-exclusive, royalty-free license to the College for use of his/her contribution. While the College shall own rights to the compilation, it shall own no rights to the underlying work beyond said license and will share any net proceeds from the compilation as described below.

If an employee creates intellectual property other than a scholarly work and which may lead to commercial development, then he/she is expected to immediately notify his/her division head and the Academic Vice President and Dean of the Faculty in order to provide them with sufficient information to permit the College to evaluate the work, both its ownership and its commercial potential, and, if appropriate, to take steps to protect the College’s intellectual property rights. If ownership rests with the College, but the College elects not to exercise its ownership rights, then ownership rights and responsibilities related to patenting, copyrighting and licensing shall revert to the author(s). In such a case, the College retains a nonexclusive, royalty-free right to use the work for non-commercial purposes.

In the case of employee-owned intellectual property, the author/creator may petition the College to accept assignment of ownership rights and the attendant control of and responsibility for development. The College, however, is under no obligation to accept this assignment and would do so only when independent evaluation indicates that accepting the assignment would further the mission and work of the College.

Revenue Sharing

The College wishes to encourage excellence and innovation in teaching, scholarship and creative activities and to support the notion that works produced at Berea College should be used for the greatest possible public benefit. In the context of these aims, the College endorses the legitimate expectation of employee author/creators to share in any net revenues produced by licensing or other development of intellectual property. Accordingly, for any work in which the College asserts ownership interest under this Policy, the College and the author/creator(s) will share any annual net revenue (revenues less recovery of all legal and other costs involved in protecting the intellectual property rights of the work, licensing costs, and other directly related administrative costs) in the following percentages, unless different contractual agreements have been reached in relation to particular works:

Net Revenue	Author/Creator(s)	Berea College
< $5,000	100%	0%
$5,000-$25,000	75%	25%
$25,000-$100,000	60%	40%
>$100,000	50%	50%

If a work involves more than one employee as author/creator, the author/creators will divide their share equally unless they provide the College with an alternative revenue distribution agreed upon by them. Use of net revenues received by the College under this Policy shall be restricted to the support of scholarly, research, or creative activity on the part of faculty, staff, and/or students.

Recognizing that this area is complex and rapidly evolving, Berea College remains open to the possibility of arriving at special agreements as the need may arise in relation to particular projects. This policy shall be reviewed within three years by the Faculty Status Council and revised as necessary.

I. Who owns intellectual property?

When does the College own employee- or student-created intellectual property?

Any one of these circumstances will result in College ownership:

If intellectual property is created (including student employees working within the scope of the labor program) within the scope of employment (including the Student Labor Program); or
If intellectual property is created on College time with substantial use of College equipment, services or resources; or
If intellectual property is commissioned by the College
- pursuant to a signed contract; or
- if it fits within one of specific categories of works considered works for hire under copyright law.
If intellectual property results from research supported by Federal funds or third party sponsorship and no written agreement involving the College, the researcher and the sponsor have established an alternative ownership arrangement.

When does an individual own intellectual property?

If it is unrelated to the employee’s or student’s job responsibilities and has not made substantial use of College equipment, services or resources; or
If it is an work that has been released to the author/creator in accordance with this Policy; or
If the intellectual property is embodied in such traditional scholarly works as books, articles, manuscripts, plays, writings, musical scores, and works of art even though such a work may be within the scope of employment and even if significant College resources were used UNLESS the work is:
- created by someone who was specifically hired or required to create it or
- commissioned by the College

In either of these cases, the College, not the creator, will own the intellectual property.

II. What is meant by “within the scope of employment”?

Works related to an individual’s job responsibilities, even if he or she is not specifically requested to create them, will belong to the College as works-for-hire. A copyright work is related to your job responsibilities if it is the kind of work you are employed to do and you do it, at least in part, for your use at work, or for use by fellow employees, your employer or your employer’s clients. The work should be performed substantially at work using work facilities, but your use of personal time or other facilities to create the work will not change its basic nature if it is related to your job as described above. Works that have nothing to do with job duties will remain the property of the employee, so long as he or she makes no more than incidental use of College facilities.

For example, if your job is “Safety Engineer,” a software program that you create on your own initiative to run on each employee’s computer to show a graphic of their nearest fire exits is related to your job duties and will belong to the College, even if no one asked you to create it and you did some of the programming at home on your own computer. A program that you create that does not relate to your job, that neither you nor others use at work, and that you create on your own time would belong to you.

III. What is meant by “substantial use”?

The Intellectual Property Rights Policy uses the phrase “substantial use of College equipment, services, or resources” in determining when the College claims ownership of intellectual property, not including work identified in the Policy as traditional “scholarly works.” The purpose of this appendix is to amplify the intended meaning of “substantial use.”

For purpose of this Policy, “substantial use” is the use of resources other than those “ordinarily available” to most or all faculty, staff and/or students. At this date, such ordinarily available resources include office space and personal office equipment, office computer, library and other general use information resources, means of network access to such resources, and support provided through the Student Labor Program or other campus program such as the Undergraduate Research and Creative Projects Program. By contrast, utilization of College laboratories or special instrumentation, dedicated assistance by College employees, special financial assistance, or extensive use of shared facilities would constitute substantial use.

The understanding of “substantial use” may be revised from time to time by the Academic Vice President and Dean of the Faculty to reflect changes in technological paradigms.

Leaves of Absence

On occasion, students may be well advised to take temporary leave of the College community. Leaves of absence may be granted for a variety of reasons: personal, medical, educational, occupational, or family related. Procedures and eligibility for applying for a leave of absence are described below. Questions about Leaves of Absence can be directed to either the Office of the Vice President for Labor and Student Life or the Office of Academic Services.

Academic Leaves

Academic Leaves of Absence are designed to allow students to explore educational or occupational opportunities not available through the formal educational program and should be planned as early as possible for a subsequent term. Requests for academic leaves must be submitted to the Director of Academic Services no later than the last day of registration for the next term.

Eligibility Requirements

To be eligible for a Leave of Absence, a student must have completed at least one regular term of attendance, may not be on any type of probation, and may not have financial obligations that cannot be reasonably met by the end of the current term. Students normally are not eligible for more than one Leave of Absence. Final approval and consideration beyond the parameters of this policy rests with the Enrollment Policies Committee.

Leave Conditions

A Leave of Absence may be no longer than one regular term. College credit earned while on leave is transferable to Berea under the stipulations for transfer credit set forth in the Berea College Catalog. Students on leave may not work in the Labor Program nor use most College services not available to withdrawn students, including advanced registration. Should a student for whom a leave has been approved fail to meet the eligibility guidelines, the leave will be revoked and the student must either enroll in the term for which the leave was approved or withdraw. Students who do not return at the end of the leave period will be withdrawn and must apply for readmission. Additionally, Title IV grant and loan aid may require repayment. Students approved for Leave of Absence are not subject to readmission policies unless the leave has been revoked or they fail to return as scheduled. (See “Readmission” in the Enrollment and Registration section of the Catalog.)

Leave of Absence Request Forms are available from the Student Service Center (Lincoln Hall) and from the Labor and Student Life Office (Fairchild 4). Forms must be signed by the Academic Advisor and returned to the appropriate office (see above) after completion.

Personal and Medical Leaves

Personal Leaves of Absence are appropriate during a current term of enrollment for extenuating personal circumstances that require absence for the remainder of the term. Requests for personal leaves should be directed to the Assistant Vice President for Student Life not later than the last day to withdraw from a course for that term. Normally, leaves will not be granted beyond this date except in rare circumstances beyond the student’s control, e.g., for medical reasons.

Management of Psychological and Behavioral Disturbances

Policy

When an individual is determined to be a danger to him/herself or others, the Office of the Vice President for Labor and Student Life will take one or more of the following steps in order to reduce that danger:

Notify parents or other responsible person
Notify police
Request a psychological evaluation of the student
Require that the student be placed in protective custody of police, parents or hospital
Require that the student be withdrawn

Because of the educational philosophy of the institution and constraints of living in a residential community, College officers will act in the best interests of the community as well as the individual. Similar action may also become necessary when there is repeated documentation of behavior which indicates that a student is unable to be responsible for his/her behavior to the extent that the behavior significantly interferes with the ability of other students to pursue an orderly course of living and study. This action may necessitate that the student be withdrawn from the College.

Implementation

Determination will be based upon verification of a physical act, verbal statements and/or a demonstrated lack of the individual’s ability to be responsible for his/her behavior. Administrative decisions by the Vice President for Labor and Student Life in this regard will not be considered to be judicial or punitive action where a violation of the Student Conduct Regulations has not occurred.

Students who leave the campus community for psychological/medical intervention and treatment will be required to submit an evaluation by a psychiatrist or licensed mental health professional which addresses the appropriateness of their return to campus and their ability to function at a responsible level of behavior in the community. This evaluation will be reviewed by a member of Counseling Services who will make a recommendation to the Vice President for Labor and Student Life and the Enrollment Policies Committee which will decide on the return and/or reinstatement of the student.

Missing Person Notification Policy for Residential Students

Berea College has established a policy and procedures for responding to reports of missing students, as required under the Higher Education Act of 2008. This policy applies to students who reside on campus and are deemed to be missing from the College for more than 24 hours without known reason.

Reports on students suspected to be missing should be directed to the Public Safety Office, which will conduct an investigation in cooperation with the Labor & Student Life Office. All resident students shall be given an opportunity to identify an individual to be contacted by the College in case the student is determined to be missing. Contact designations registered under this policy will be confidential. If a student is determined to be missing, Berea College will notify the designated contact person within 24 hours of such determination. If the student is under 18 years of age, the College is required to also notify the parent or guardian. Public Safety will also notify the Berea Police Department.

Missing Person Reporting Procedures

Reports of missing persons should be directed to the Public Safety Office.
Public Safety, working with the Assistant Vice President for Student Life, will investigate the report.
If the student is deemed missing, the Assistant VP for Student Life will make every reasonable effort to notify the student’s designated missing person contact within 24 hours. If the student is under the age of 18, the student’s parent or guardian must also be notified.
If the student is deemed missing, the Director of Public Safety will notify the Berea City Police within 24 hours.
The Assistant VP for Student Life will also notify appropriate college officials and initiate any additional actions deemed in the best interest of the student.

Procedures for Designation of Missing Person Emergency Contact Information

Effective Date:

Revision Date: July 1, 2010

Approved by:

Submitted by:

Motor Pool Use

“College Departments must submit a request for vehicle availability at least 24 hours in advance. Once scheduled, signed approval forms are submitted. Drivers (including students, faculty, or staff) under 26 must complete a college-approved defensive-driving course in order to operate a College-owned, leased, or rented vehicle.” All drivers under the age of 26 must complete a college approved defensive-driving course in order to operate a College-owned, leased, or rented vehicle. In addition, a van safety course must be completed prior to the operation of 10 or 12 passenger vans. Berea College policy is that no 15 passenger vans will be used for college related business. Drivers of Motor Pool and any other College-owned, rented, or leased vehicles must clear an operator’s license check through the Department of Motor Vehicles. Permission to operate College-owned vehicles may be denied based upon prior traffic violations. Submit license information to the Department of Public Safety located on the First Floor, room 101 of Woods Penniman Building.

Related Links

Motor Vehicle Policy for Students

Berea College is committed to providing low cost, high quality education to students with limited economic resources. Because the ownership of motor vehicles has clear relationship to funds available for education, College policy is to discourage unnecessary ownership and use of personal vehicles by students. It also is College policy to provide an educational and social situation in which the ownership and use of personal motor vehicles by students normally is not needed. Ecological and environmental effects, loss of open space, costs of parking, and increased traffic hazards associated with a large number of motor vehicles also are factors influencing the College’s policy of restricting student vehicles.

The College attempts to foster a sense of community among students, faculty, and staff. The essentially residential nature of the campus and the College’s emphasis on involvement of all its members in various programs and activities contribute in significant ways to the development and preservation of community. The College also tries to encourage personal and social values that do not depend upon material gain or wealth. These commitments find expressions in policies governing the environment, culture, and lifestyle of the College.

Accordingly, regulations regarding the use of motor vehicles by residential students are needed.

I. Possession of Motor Vehicles in the Berea Area by Residential Students

The policy is premised on the number of authorized student vehicles being limited to the current number of campus spots designated for students in the student lots.
Vehicle applications will be approved in the following order until the maximum capacity is reached, with some spots reserved for special circumstances:
1. Seniors (classification 4); “independent” students (as verified by Student Financial Aid Services); students who are active members of a military reserve unit; and, students whose homes (according to the address on the FAFSA) are greater than 8 hours (or 500+ miles) driving distance from Berea (as verified by appropriate documentation).
2. Juniors (classification 3);
3. Sophomores (classification 2);
Freshmen are not permitted to have vehicles in Berea except under the circumstances noted above.
No student on any form of probation may receive authorization to have a vehicle in Berea.
Applications will be taken by the Department of Public Safety first for those categories noted under #1 above during the first week of each Term. Thereafter, approvals will be granted on a first-come, first-served basis for juniors and then sophomores. Applications for all reasons other than student classification must be accompanied by appropriate documentation. All applications require evidence of license, registration, and proof of insurance.
The Office of Labor and Student Life reserves the right to make selective exceptions under extenuating circumstances related to personal medical needs with documentation and review by Student Health Services.
Temporary permission (for up to two weeks) is given for other reasons. A certain number of parking places are reserved for parking by those who receive temporary permits. Applications should be submitted to Public Safety in the same manner outlined above.
The decal fee for students is $50 annually. Temporary, two-week permits cost $7 each. Decals must be paid for at the Department of Public Safety (Woods Penniman Hall) prior to issue. They may not be charged to the Student Account. Parking decals must be displayed appropriately as specified by Public Safety. Giving, selling, or purchasing a decal for another student or registering a vehicle owned by another student is a violation of the Berea College Code of Conduct and will result in disciplinary action. (see the Community Judiciary Code.)

II. Compliance with Parking Regulations

Parking regulations, monitoring and enforcement are administered by the Department of Public Safety. A copy of the rules and regulations associated with campus parking will be provided to each decal holder at the time of decal purchase. This information also is available on the Public Safety Web page (www.berea.edu/publicsafety). It is the responsibility of all members of the campus community to know and abide by these regulations. Citations are issued for noncompliance. Individuals to whom parking decals are issued are responsible for all parking and traffic violations associated with their vehicle regardless of who is operating the vehicle.
Failure to pay citations within the prescribed time will result in a late fee being charged to the Student Account. Multiple citations may result in the vehicle being booted or towed from campus property at the owner’s expense.
Any student who accumulates more than three (3) campus parking citations during a single academic year will be fined $100 and have parking privileges revoked (i.e. vehicle authorization will be rescinded) for the remainder of the year.
Citations may be appealed within five working days, in writing, to the Office of Public Safety. Following review by Public Safety, appeals will be forwarded to the Parking Review Board. Appeals of parking citations should be submitted along with a Citations Appeal Form, available at Public Safety. Appeals must be based on verifiable evidence. Lack of knowledge of the regulations is not grounds for appeal.

III. Possession and Use of Unauthorized Vehicles

The Office of Public Safety monitors both campus and, with assistance from the City of Berea, city parking areas. If a student is found to have a vehicle on campus or in the Berea area without proper authorization (i.e., without a properly issued and displayed decal), that student will be considered in violation of the Policy on Possession and Use of Motor Vehicles by Residential Students. A student will be considered in possession of a motor vehicle if the vehicle is on or off campus in the Berea area and is registered in the student’s name; the name of a parent, guardian, or other relative; or if the student has extended possession of a vehicle registered in the name of another person. The record of violations for unauthorized vehicles is cumulative across all years of enrollment.

The first time a student is found to be in violation of the possession regulations a warning will be issued with instructions to remove the vehicle from the Berea area within one week. Additionally, a $100 fine will be levied. If the vehicle is found on College property, it may be booted or towed at the owner’s expense.
The second time a student is found to be in violation of the possession regulations, a fine of $250 will be levied, the student will be placed on Social Probation for a period of one regular term, and the student will forfeit vehicle authorization for the remainder of that academic year. As above, unauthorized vehicles found on College property may be booted or towed at the owner’s expense.
The third time a student is found to be in violation of the possession regulations, the student will be suspended automatically by the Vice President for Labor and Student Life for a period of one regular term. In addition, the student will forfeit the privilege of vehicle authorization at any time in the future. Suspension penalties may be appealed in writing to the Student Life Council within one week of the date of the suspension notification. Appeals must be based on verifiable evidence that the appellant was not in violation of policy.

Effective Date: May 8, 2003

Revision Date:

Approved by: General Faculty

Submitted by: Beverly Penkalski

Network Usage Guidelines

The following guidelines are of a general nature and clarify the Computer and Network Policy. The guidelines address common situations but are not meant to be exhaustive. Questions about acceptable use of Berea College computing and network resources should be directed to the Information Systems and Services department.

Computer and Network Policy applies to all users and usage of College owned computers and data and voice networks.
1. The policy applies apply to all host computer systems, personal computers, software, data sets, and other resources which may be accessed by users of the Berea College data or voice communications network
2. All network users, including Berea College faculty, staff, students or contractors or other parties are expected to comply as was agreed by their signature on the application for a network/e-mail account.
3. By logging in to the network, a user consents to these guidelines and all other IS&S policies and procedures implemented under the Computer and Network Policy.
Limited personal use of computer and network resources is allowed, but priority is given to usage for College business and academic pursuits.
1. Users of the Berea College data or voice network may access the Internet or make phone calls for personal purposes but the College is not responsible for the security and privacy of data or messages transmitted for such purposes.
2. The College does not guarantee availability, reliability or capacity of Internet or voice connection for personal usage.
3. Users may store a limited amount of personal data and documents not related to their work or study on a personal computer. If storage is overloaded, users may be asked to remove such personal data and documents.
4. Users assume full responsibility for the legality of any personal data and documents stored.
5. Users are cautioned that Internet surfing, the display of videos or the use of audio materials on a personal computer during work time is likely to distract from efficient work and may be outside the bounds of their department’s acceptable practices.
Users of computer and network resources will abide by community decency standards, copyright restrictions and other legal requirements.
1. Users may not utilize e-mail mailing lists, classified ads or other mass communications resources to advertise or sell regulated goods such as pharmaceuticals or firearms.
2. Users may not utilize e-mail mailing lists, classified ads or other mass communications resources to harass, belittle or coerce other individuals or classes of persons.
3. Users may not utilize e-mail, phone calls or other communications resources to harass or coerce another individual.
4. Users may not utilize peer-to-peer upload/download software or services to obtain or distribute copyrighted material not specifically authorized to the service.
Users may not modify the campus network wiring or configuration.
1. Network hubs, switches or wireless routers may not be added to an existing port.
2. Personal computers may not be configured to serve as routers or gateways to other networks, internal or external to Berea College.
3. Network names of computers, printers and other network attached devices may not be changed.
4. Network wires may not be cut, spliced or moved from their installed location.
Users may not engage in activities which degrade network performance or which interfere with other users’ access to computer and network resources.
1. Intentional spreading or creation of computer viruses is prohibited.
2. Overloading network services by using hacking tools, e-mail spamming or other means are prohibited.
3. Overloading network storage areas with personal or unnecessary data is prohibited.
4. Initiation or propagation of e-mail chain letters is prohibited.
Users may not attempt to circumvent system security or information protection mechanisms.
1. Use of hacking techniques to uncover security loopholes or to circumvent network security and gain access to folders, databases, hardware, or other material on the network to which one is not authorized is will not be tolerated.
2. Any network user found to have hacking software or paraphernalia installed on a computer connected to the campus data network will face immediate suspension of network access privileges and may be subject to further disciplinary action.
3. Any attempt to guess other user’s passwords, access codes or encryption keys is forbidden.
Users must respect institutional data confidentiality and others’ privacy.
1. Unauthorized monitoring of electronic communications is forbidden.
2. Attempts to gain unauthorized access to private information will be treated as violations of privacy, even if the information is publicly available through authorized means.
3. Searching through directories to find unprotected information is a violation.
4. Special access to information or other special computing privileges are to be used in performance of official duties only. Information obtained through special privileges is to be treated as confidential.
5. As it relates to sensitive college data maintained on college-owned computers the following applies:
  1. Computers/Laptops: IS&S is responsible for the disposal of all College-owned computers, laptops and similar devices. Drives on these computers are wiped to DoD-3 standard before the unit is sold or sent to recycling.
  2. CD’s/DVD’s: Standard practice is to shred CD’s and DVD’s using standard paper shredders with built in capacity to shred this media. IS&S maintains such a shredder for this purpose.
  3. External Hard Drives: External hard drives including USB drives should be wiped to DoD-3 standards before disposal. Free software is available to do this such as CCleaner at http://www.piriform.com/ccleaner.
Users are responsible for all actions initiated from their login ID(s).
1. Each user is assigned a personal login ID with a unique name associated with their College student or employee records.
2. Users should not share access to their personal login ID with others.
3. In some situations, a user may also be issued a non-standard ID which can be used on specific computers for a particular function. The owner of a non-standard ID may share that ID with others, but he or she is responsible for all activity that occurs in sessions logged in under that ID.
4. Passwords must be chosen in such a way that they cannot be easily guessed. Network software will enforce a minimum level of password complexity.
5. Workstations should be logged off or locked when left unattended.
6. Users may set up network sharing on a personal computer issued for their use in order to provide other users access to data or other resources. However, individuals are responsible for the content and legality of any information they choose to share.
7. Users should avoid storing on paper on in computer files their passwords or other information that could be used to gain access to other campus computing resources.
8. Network storage is provided to each individual user and to many groups such as employees in a department or students enrolled in a class. Network storage may be used only to store material associated with a user’s work or study.
9. Network software will enforce storage size limits on network storage resources. Users are responsible for managing their stored data and documents within these size restrictions.
Users must comply with software licensing terms.
1. Software licensed to Berea College may not be installed on a computer not owned by Berea College.
2. Personal computer users may not install copyright protected software not licensed to the College on a College owned computer.
3. Personal computer users may install public domain or open source software on their computer, but are cautioned that installing such software may disrupt the efficient operation of the computer. If the computer requires service such software may be removed.
Access to network resources is provided only to those officially associated with Berea College.
1. Withdrawn student accounts and stored data and documents will be deleted immediately upon receipt by IS&S of official notification of the change in status.
2. Graduated student accounts and stored data and documents will be deleted between two and four weeks after their graduation.
3. Faculty, staff or contractor accounts will be disabled or deleted when a user ceases official association with Berea College. All data and documents stored on personal computers or personal network folders will be deleted or copied to another location at the discretion of the departing individual’s supervisor.
4. When faculty, staff or contractors are assigned a new position and/or responsibilities within Berea College, access associated with the former position will be revoked and access associated with the new position must be requested.
5. No services will be provided to outside organizations or agencies that would normally be provided by other public or private agencies within the geographical areas of the campus without the prior approval of the campus president or authorized vice president designee.
Information Systems and Services manages all network resources.
1. Only Information Systems and Services personnel or those authorized by the Chief Information Officer may be given physical access to College network servers, switches, routers and other equipment.
2. Individual departments may operate a server connected to the campus network only with explicit permission from Information Systems and Services. Application for such permission is by letter to the Chief Information Officer. An application letter needs to include the need, use, and information content of the server and needs to identify a Berea College faculty or staff member who will be ultimately responsible for the use, maintenance and content of the server.
3. IS&S system administrators may access user’s files for the maintenance of networks and computer and storage systems (e.g., to create backup copies of data).
4. IS&S system administrators will not intentionally inspect the contents of data files or e-mail messages or disclose such contents to any person other than the owner, sender, or an intended recipient without the consent of the owner, sender, or an intended recipient unless required to do so by law or to investigate complaints regarding files or documents alleged to contain material contrary to Berea College policies or applicable laws.

Nondiscrimination Policy

Berea College, in light of its mission in the tradition of "impartial love" and social equality, welcomes "all peoples of the earth" to learn and work here. It is the policy of Berea College not to discriminate on the basis of race, color, religion, national or ethnic origin, age, sex, handicap, or sexual orientation in its educational programs, admissions practices, scholarship and loan programs, athletics and other school-administered activities or employment practices. This policy is in compliance with the requirements of Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, regulations of the Internal Revenue Service, and all other applicable federal, state and local statutes, ordinances and regulations. (As adopted by the Board of Trustees, February 2001.)

Questions or complaints regarding discrimination should be referred to the office or committee responsible for the activity concerned. In addition, the College has appointed compliance officers under provision of law regarding sex and handicap discrimination. The Vice President for Operations and Sustainability is Section 504 Coordinator. Questions or complaints in the area of handicap discrimination should be referred to Derrick Singleton in 230 Lincoln Hall, at 859-985-3131. Sex discrimination questions or complaints may be directed to the College's Title VII/Title IX Coordinator, Katherine Basham, by phone 859-228-2323 or by email TitleIX@berea.edu.

Procedures: See Procedures for Reporting, Investigating, and Hearing Alleged Violations of Certain College Policies.

Ombudsman- Complaints from Students

Parking Grace Period

A “grace period” allows for transportation to and from campus at the beginning and end of each term. During these periods, any student may have a vehicle in Berea as long as they are parked only in designated areas according to the parking regulations from Public Safety.

Probation

Students on any type of probation are restricted in some of their activities. (See the Academic Performance Standards section for more information about probation and suspension.) Students on probation (i.e., Academic Probation, Labor Probation, or Social Probation) may not receive travel grants for conferences or graduate school interviews, application fees for graduate schools or graduate school test preparation course fees. Students on probation may not participate in international study-travel programs, receive permission to have motor vehicles on campus, or be granted leaves of absence. In order to register for and/or participate in approved instructional programs outside the United States, students also must be free of all forms of probation. Students on any type of probation may not propose or participate in Independent Studies, Team Initiated Studies, Education Abroad, or Internships.

Exceptions to these policies must be approved by the body responsible for setting the terms of the probation.

See information on specific types of probation (academic, labor, and social) in the appropriate publications (Academic Probation in the College Catalog and Labor Probation in the Tools Manual),

Readmission

Readmission of Previously Enrolled Students

Previously enrolled students who wish to return to Berea must apply to the Transfer and Readmit Admissions and Advising Committee (referred to as TRAAC) for readmission. Applications are secured from and returned to the Admissions Office. All materials relative to requests for readmission for Summer or Summer term, including internal processing, must be received by March 31 or by April 30 for Fall term or by November 30 for Spring Term. Applications for readmission cannot be processed until all outstanding account balances are paid and loans are current. There is a $50 entrance fee required of returning students.

Previously withdrawn students may not be enrolled at Berea until one full regular term of attendance has passed after the term in which the withdrawal occurred. Unless otherwise designated at the time of suspension, a student who has been suspended cannot be considered for readmission until the passage of two (2) regular terms of absence.

Readmitted students will return to the College with the same academic, social, and labor standing assigned at the time of departure. If, at the time of withdrawal, the student is not in good standing for financial-aid purposes, a readmitted student is required to submit an appeal in order to be considered for Title IV and state financial-aid programs. Ordinarily, an application for readmission will not be considered in the case of a pending on-campus disciplinary charge and/or hearing until such a case has been adjudicated. (Also see “Financial Aid and Student Accounts” in the Catalog for more information.)

Readmission of Service Members (Veterans)

Students who voluntarily or by order of the U.S. Department of Defense, leave the College prior to earning a degree, spend more than 30 consecutive days in the uniformed services of the United States, and are honorably discharged are not required to compete for readmission to the College on the basis of academic, financial, or other qualifications—provided they return within a five-year period of time, not longer than three years from the last date of active service, and provided they have left Berea in good academic, social, and labor standing. Furthermore, such students will return to the College with the same academic, social, and labor status assigned at the time of departure. Readmission is not assured in the case of a rule violation charge or pending judicial hearing or when a student has not made satisfactory academic or labor progress toward a degree.

Eligible applicants must provide documentation that confirms dates of service along with readmission application materials. They are entitled to return to the institution as soon as feasible following the date of their completed application for readmission. Service members are not exempted from the requirement that they must resolve any financial obligations prior to the consideration of their application for readmission.

Records: Retention, Access, and Protection

In accordance with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended in 1976, and the USA Patriot Act of 2001 (as amended), the following policies are established by Berea College.

Contents of Files and Directories

FERPA permits educational institutions to designate certain items pertaining to the student as “directory information.” These points of information may be disclosed by the College without the consent of the student. At Berea College, the following types of personally identifiable information have been designated as “directory information”: the student’s name, address, telephone number, date and place of birth, dates of attendance, major and minor (if any), participation in officially recognized activities and athletics, weight and height of athletic team members, degrees and awards received, and most recent previous institution attended. Directory information may be released to parties having a legitimate educational interest in the information. A student may request that the College not voluntarily release any information to anyone, including in media or news releases. Students who wish to exercise their rights under the law to refuse to permit release of any or all of the categories of personally identifiable information with respect to themselves must notify the Vice President for Labor and Student Life in writing, preferably before completion of registration for the first term of enrollment for that academic year.

Student records are defined as those records created to assist the offices of the Registrar, Student Service Center, Admissions, Student Financial Aid Services, Labor Program Office, Residential Life Collegium Office, Academic Services, and Institutional Research and Assessment in their support of basic institutional objectives and any records identified by student name that contain personally identifiable information in any medium. Each of these offices maintains a list of the documents routinely kept in files retained by that office. Permanent student records are defined as those kept in perpetuity by the institution. The permanent records consist of the original admission application, and the academic and labor transcripts. Copies of the Records Retention and Disposal Schedule are available from the Labor and Student Life Office. FERPA information is located on the Registrar's Copies of the Family Educational Rights and Privacy Act of 1974 (as amended), which is commonly known as “FERPA”, are available in the reference section of the Library, and at the U.S. Department of Education. For information on the USA Patriot Act of 2001 (as amended), see the Association of Research Libraries.

Student Review of Records

A. Access to Records

Upon written request, a student may inspect and review those educational records maintained by the College for that student. Upon receipt of a written request, the office holding the requested records must make them available to the student within 30 days. Typically, student records must be reviewed in the office housing that set of records. Students may make a written request for copies of Berea-only materials contained in their files. At this time, there is no charge for copying these records.

Under the law, a student has the right to challenge any information contained in the record that the student believes is inaccurate, misleading, or otherwise in violation of one’s privacy or other rights. Provision is made under the law for a hearing should the matter not be resolved between the student and the person responsible for the file in question. Request forms for such a hearing and information about the procedures to be followed are available from the Student Service Center. Under the law, such a hearing may not be convened to contest grades. (See Appeals of Grades.)

B. Exclusions

Students may see all recommendations (references) written on their behalf except for recommendations to which the student has waived the right of access. At the time the student applies for admission, financial aid, placement services, or for any other service requiring recommendations, the student will be given the opportunity to waive the right to see the completed recommendation. The College may not require the student to waive this right. Whether a student has waived the right to access, the student may request a list of names of all persons who have written references contained in that student’s file.

Students may not have access to financial records of their parents or to any information therein unless there is a signed release.

Records of College counselors and Student Health Services are confidential and may not be reviewed personally by the student, although the student may request in writing that another appropriate professional person of the student’s choice review these records. Any cost of such a review is the responsibility of the student.

Access to Records

A. Release of Records

The College will not permit access to or the release of educational records of a student, including grades and transcripts, other than directory information without the written consent of the student to any party except:

College officials who have legitimate educational interest;
authorized representatives of the Comptroller General of the U.S., the Department of Education, or an administrative head of an education agency, in connection with an audit or evaluation of federally-supported educational programs;
in connection with a student’s application for, or receipt of, financial aid or scholarships or in connection with the continuation of such aid or scholarship;
State or local officials or authorities to whom such information is specifically required to be reported (provided that statute was adopted prior to November 14, 1974);
educational research organizations with the understanding that personally identifiable material may not be transmitted to a third party;
educational accrediting agencies;
in compliance with the provisions of the USA Patriot Act of 2001, under which the College is obligated to release educational records (pursuant to an ex parte order) to a representative of the U.S. Attorney General in connection with a terrorism investigation or prosecution. The College is not permitted under the USA Patriot Act of 2001 to place a disclosure notice in the student’s file in the case of this type of records release;
in compliance with a civil judicial order or lawfully issued subpoena. The College must comply with the order even if the student cannot be reached although every reasonable effort will be made to notify the student (except in the case of the USA Patriot Act of 2001);
parents or guardians, as provided below.

B. Written Consent

Written consent by the student to release educational records to a third party must specify the records to be released and the recipient of such records. Request forms for the release of appropriate records will be made available in each office containing educational records.

C. Notification of Parents

Berea College recognizes the importance of support and interest of parents and families of students in all areas of the college program. Students are encouraged to share information about their experience and programs with their families. Normally, information regarding the status and progress of students 18 years of age and older is shared with parents by the College under the procedures to follow. Exceptions may be made in unusual circumstances upon request of the student and approval of the Director of Student Academic Records and Accounts for academic information and the Vice President for Labor and Student Life for other information. The College supports and follows the provisions of FERPA, which protects students from indiscriminate use of student records. FERPA permits, but does not require, provision of billing information to parents of financially-dependent students (for financial aid purposes, whether a student is “financially independent” or “dependent” is determined by federal tax laws and financial aid regulations). The parents of a “financially dependent” student may make a written declaration that the student is currently a dependent pursuant to IRC Section 152 AND may request educational records.

Letter of Notification —Parents, guardians, next-of-kin, or another person designated by the student will be sent a letter providing information about the academic calendar, including the dates for registration and confirmation and the dates grades are released to students via the College’s secure Web site, along with a summary of how grades are defined by the College. Students are encouraged to discuss their courses, grades, and experiences at the College with their families. The College will honor requests by students that the letter of notification not be sent home. Requests are to be made in writing to the Student Service Center (CPO 2168, Berea College, Berea, KY 40404) no later than the end of the registration period.
Emergencies —Parents, guardians, or other persons indicated in the appropriate student records will be notified in cases of emergency. (See Emergency Contact Information.) The Office of Labor and Student Life, in conjunction with the Residential Life Collegium, shall determine whether an emergency exists.

Reinstatement to Good Standing

Unless otherwise specified at the time of suspension, the official status of the suspended student for academic reasons will be reflected in the academic record as “Academic Suspension” for the passage of one regular term, after which time the student is returned to “Good Standing,” thereby permitting enrollment at another institution.

All students who are suspended from Berea College automatically are placed in the category “not in good standing” until the end of the next regular academic term, unless the governing body (e.g., the Student Admissions and Academic Standing Committee, the Labor Program Council, etc.) specifies a different length of time.

All students in the category “not in good standing” will have such denoted on all transcripts until the end of the next regular academic term, unless the governing body has specified a different length of time. In the latter case, “not in good standing” will be indicated on the transcript until that time period has expired. All students who are expelled from Berea College will have that indicated on all transcripts permanently.

Research Involving Human Subjects

Requirements and Procedures

Purpose of the Requirements and Procedures

Berea College requires that all research involving human subjects, whether funded or not funded, or subject to Federal regulations or not, will be designed such that

The welfare and rights of human subjects are adequately protected and informed consent given, if required. (See section C. below for a description of projects exempt from the institutional requirement of informed consent.)
Human subjects are not placed at unreasonable physical, mental, or emotional risk as a result of research.
The necessity and importance of the research outweighs the risk to the subject.
The researcher(s) is/are qualified to conduct research involving human subjects.
The researchers maintain overall ethical principles. (See section F. below.)

“Research” is defined as, “a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program which is considered research for other purposes. For example, some demonstration and service programs may include research activities” [45 CFR 46.102(d)].

A “human subject” is defined as, “a living individual about whom an investigator (whether professional or student) conducting research obtains: data through intervention or interaction with the individual or identifiable private information” [45 CFR 46.102 (f)].

Berea College recognizes that oral history projects have not always been recognized as equivalent to the “research involving human subjects” that constitutes the main concern of these Requirements and Procedures. As such, the College has taken account of these potential differences in these Requirements and Procedures by including a member on its IRB with oral history training and experience, as well as accounting for oral history projects as a separate category of “expedited review” that are subject to consideration using the best practices promulgated by oral historians. Nonetheless, the College does maintain that oral history projects can involve risks to those who provide information to the historian or student conducting such projects, and therefore oral history work by Berea College students, faculty, or staff must pass through the independent review mechanisms established below in these Requirements and Procedures.

The purpose of the information below is to make certain that faculty, staff, and students understand the guidelines that must be applied to research involving human subjects and to ensure that they feel supported by the institution as they undertake such research projects. Faculty should feel free to discuss this document and human subject research with the Academic Vice President and Dean of the Faculty, the designee of the Academic Vice President and Dean of the Faculty, or the Chair of the Berea College Institutional Review Board (IRB).

A. Membership of the Berea College Institutional Review Board

The IRB must be sufficiently qualified through the experience and expertise of its members and the diversity of their backgrounds, including considerations of their racial and cultural heritage and their sensitivity to issues such as community attitudes, to promote respect for its advice and counsel in safeguarding the rights and welfare of human subjects. In this regard, the Berea College IRB will include members who reflect the racial and cultural heritages of the College’s staff and student body and those of the surrounding community.

The IRB shall consist of seven (7) voting members, including six (6) members appointed by the Academic Vice President and Dean of the Faculty from among the full-time teaching faculty of the College, one (1) member appointed by the Academic Vice President and Dean of the Faculty who is not otherwise affiliated with the institution and who is not part of the immediate family of a person who is affiliated with the institution, and one (1) member who will serve as the designee of the Academic Vice President and Dean of the Faculty. After the initial sequence of partial-term appointments have ended, each newly appointed faculty or outside member will serve a term of three (3) years, with individual terms sequenced to overlap and thereby allow for continuity of membership. The members of the IRB will elect the Chair of the IRB, during the regular September meeting each year, to serve during the upcoming twelve-month period. If a member of the IRB is directly associated with a proposal before the IRB, that member must be absent from any discussion and vote on that proposal.

In particular, appointments to the IRB will provide for the following areas of expertise and experience:

at least one (1) member whose primary disciplinary training and concerns are in the social sciences;
at least one (1) member whose primary disciplinary training and concerns are in the natural sciences;
at least one (1) member who is knowledgeable in the areas of institutional commitments and regulations, applicable law, and standards of professional conduct and practice;
at least one (1) member who is not otherwise affiliated with the institution and who is not part of the immediate family of a person who is affiliated with the institution;
at least one (1) member who previously has conducted substantial research involving human subjects and whose research was subject to an IRB review; and,
at least one (1) member who previously has conducted substantial oral history projects using recognized best practices for such projects.

The IRB will meet no fewer than three (3) times each year to review research proposals involving human subjects and oral history projects. Three (3) of these meetings will take place in September, January, and May of each year. Members of the IRB will receive training in the regulations of the College and the federal government by reading and discussing the relevant sections of the College’s faculty and staff manuals and the IRB Guidebook provided by the Department of Health and Human Services (http://www.hhs.gov/ohrp/archive/irb/irb_guidebook.htm) or by receiving other equivalent training provided through the resources of the College. An administrative assistant will be assigned by Academic Vice President and Dean of the Faculty to the IRB to ensure that accurate record-keeping is maintained.

B. Procedures for Approval of a Proposed Project

All research involving human subjects or oral history projects to be conducted by students as part of faculty-supervised work must be reviewed, approved, and supervised by the faculty member. Such faculty member becomes responsible for such research or project as the Primary Investigator (PI) and remains responsible for the compliance of that research with ethical research standards, including IRB review, applicable at Berea College. No student may conduct research involving human subjects or oral history projects without a supervising faculty member who has agreed to serve as the PI for that research.

All research involving human subjects or oral history projects to be conducted or supervised by a faculty or staff member must be submitted for review to the Institutional Review Board if the research or project is part of that faculty or staff member’s responsibilities or incentives as an employee of Berea College. Once submitted, the IRB will determine whether that research or project is covered by IRB review, exempt from IRB review, subject to expedited IRB review, or subject to full IRB review.

Once research or an oral history project is submitted to the IRB for review, the Chair, the full committee or the Chair’s designee will take one or more of the following actions:

Determine the authority of the IRB to review the research proposal or oral history project.
Determine whether the research proposal or oral history project is exempt from review under applicable federal guidelines.
Approve the research or project through expedited or full-committee review.
Disapprove the research or project through full-committee review.
Modify the research.
Conduct continuing reviews of the research or project.
Observe and/or verify changes to the research or project.
Suspend or terminate approval of the research or project.
Observe and/or verify the informed consent process and the research or project procedures.

Researchers, or in the case of students the faculty supervisor acting as PI, are free to consult with the IRB about any issue of compliance under these requirements and procedures. Members of the College community affected by research or an oral history project may bring their concerns to the IRB as well.

C. The IRB Application

The IRB will provide an application form for faculty or staff seeking approval of research involving human subjects or of an oral history project. Applications for IRB approval of such research or project must contain, at a minimum, information that allows IRB members to assess:

Basic Required Information:
- The qualifications of the principal investigator (PI) and any collaborators
- A complete description of the proposed work
- Provisions for the adequate protection of rights and welfare of subjects
- Compliance with pertinent federal and state laws/regulations and institutional policy
- Consideration of any special requirements for DHHS and FDA-regulated research (in addition, other funding agencies may also have similar requirements or expectations)
Analysis of Risks and anticipated Benefits
- Identification and assessment of risks and anticipated benefits
- Determination that risks are minimized
- Determination that risks are reasonable in relation to potential benefits
Informed consent
- Clear and full explanation of the informed consent process and documentation to be used for the study.
Assent process
- Assent process and documentation protocol
- Explanation of the process for receiving and documenting the affirmative agreement of those legally responsible for any minor or decisionally-impaired individual who may participate
Selection of subjects
- Equitable selection in terms of gender, race, ethnicity
- Benefits are distributed fairly among the community's populations
- Additional safeguards are provided for vulnerable populations susceptible to pressure to participate
Safeguards
- Ensure that subject recruitment does not invade individuals' privacy and that procedures are in place to assure that the confidentiality of the information collected is monitored
Research plan for collection, storage, and analysis of data
- Clinical research studies often include data safety monitoring plans and/or data safety monitoring boards (DSMB). IRBs will review the plans to ensure they are adequate to protect human subjects
Research design / methods
- Are appropriate, scientifically valid and therefore, justify exposing subjects to potential risks

Additional information – Special Populations
- About identification, recruitment and safeguards if the research involves special populations

D. Expedited Review by the IRB

In deciding whether any research involving human subjects qualifies for expedited review by the IRB, the Chair will apply the standards maintained by federal law. Therefore, in considering expedited review, the Chair may not grant such review if the proposed research involves any work with prisoners, surveying or interviewing of children, or observations of public behavior of children when any investigator participates in the activities being observed. The Chair may grant expedited review if the research involving human subjects meets both of the following two criteria. The first criterion is that the research may not involve more than “minimal risk” to the individuals involved, meaning that the probability and magnitude of harm or discomfort anticipated in the research are not greater in and of themselves than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests.

The second criterion that must be met is that the research clearly conforms to one of the following nine (9) categories: (1) clinical studies on drugs or medical devices for which an investigational new drug (IND) or an investigational device exemption (IDE) application is NOT required (or a study with a cleared/approved medical device that is being used in accordance with its cleared/approved labeling); (2) the collection of blood samples by finger stick, heel stick, ear stick, or venipuncture; (3) the prospective collection of biological specimens for research purposes by noninvasive means; (4) the collection of data through noninvasive procedures routinely employed in clinical practice (for example, physical sensors that are applied either to the surface of the body or at a distance and do not involve input of significant amounts of energy into the subject or an invasion of the subject's privacy, weighing or testing sensory acuity, magnetic resonance imaging, electrocardiography, electroencephalography, thermography, detection of naturally occurring radioactivity, electroretinography, ultrasound, diagnostic infrared imaging, doppler blood flow, and echocardiography, moderate exercise, muscular strength testing, body composition assessment, and flexibility testing where appropriate given the age, weight, and health of the individual), provided that the noninvasive procedure must not involve general anesthesia or sedation routinely employed in clinical practice or procedures involving x-rays or microwaves, and provided that where medical devices are employed, they must be cleared/approved for marketing (studies intended to evaluate the safety and effectiveness of the medical device are not generally eligible for expedited review, including studies of cleared medical devices for new indications); (5) research involving data, documents, records, or specimens that have been collected or will be collected solely for non-research purposes (such as for medical treatment or diagnosis); (6) collection of data from voice, video, digital, or image recordings made for research purposes; (7) research on individual or group characteristics or behavior; (8) continuing review of research previously approved by the IRB where the research is permanently closed to the enrollment of new subjects, all subjects have completed all research-related interventions, and, the research remains active only for long-term follow-up of subjects, or where no subjects have been enrolled and no additional risks have been identified, or where the remaining research activities are limited to data analysis; or, (9) continuing review of research not conducted under an investigational new drug (IND) application or investigational device exemption (IDE) and where categories two through eight (2-8) do not apply.

Upon receipt of a request for IRB review, the IRB Chair may determine that an expedited review is appropriate in certain cases. The Chair may conduct that expedited review or designate one of the other members of the IRB to conduct that expedited review. In no case is the Chair required to grant an expedited review, even if the research appears to meet the criteria set forth above. Based on this determination, the Chair or designated IRB member must determine the following during the expedited review process:

Have the risks to subjects been minimized using procedures that are consistent with sound research design?
Are the risks reasonable in relation to anticipated benefits?
Is the selection of subjects equitable?
Are adequate procedures in place to ensure privacy and confidentiality?
Is there a plan to monitor the data and safety of the subjects, if necessary?
Will informed consent be sought and appropriately documented?
Are safeguards in place to protect vulnerable populations?

If an IRB application includes the use of oral history interviews or similar oral history methods, then that application will be processed initially using an expedited review. The IRB Chair may not deny an expedited review of such an application, nor may the Chair conduct the expedited review of the project. Instead, the IRB Chair will designate the IRB member, who previously has conducted substantial oral history projects using recognized best practices for such projects, to conduct the expedited review. The designated member will determine whether the above standards for expedited review are met through the application of the best practices maintained by oral historians, especially as those best practices are demonstrated through the guidelines adopted by the nationally-recognized professional associations maintained by oral historians. In a case where the IRB member who previously has conducted substantial oral history projects using recognized best practices for such projects has a conflict of interest in terms of the project then under review, the IRB Chair will designate another oral historian with similar credentials to conduct the review on a pro tempore basis for the Board.

As the result of an expedited review, the Chair or a Chair’s designee may approve the research or oral history project as presented, or ask for modifications of the research or project before giving final approval. The Chair or the Chair’s designee may not deny approval during an expedited review. Any research or project that does not receive final approval during an expedited review must be submitted by the IRB Chair for full IRB review.

E. Full IRB Committee Review Process.

During a full committee review, the IRB must meet the following requirements:

The review must be conducted at a convened meeting of the IRB. A majority of IRB members (a quorum) must be present at the meeting.
At least one member whose primary concerns are in nonscientific areas must be present at the meeting.
In order to approve research, the IRB must determine that all of the applicable requirements specified in 45 CFR 46.111 (and if applicable, 21 CFR 56.111) are satisfied.
A majority of the members present at the meeting must approve the research or oral history project.
IRB members who have a conflict of interest in the research or project may provide information to the IRB but cannot participate in the review or be present for voting. Members with a conflict do not count toward the quorum for the review of that research or project.
The IRB must notify the PI(s) and the institution in writing of its decision to approve, modify or disapprove the research or project.
The IRB must keep detailed documentation of meeting activities including attendance, voting on actions, the basis for the actions, and a written summary of the IRB discussion of controverted issues and their resolution.

Federal policy lists Basic Criteria that the IRB must apply [45 CFR Part 46.111 and 21 CFR Part 56.111] when reviewing research involving human subjects. To approve such research, the IRB must determine that:

The risks to subjects are minimized.
The risks are reasonable in relation to any anticipated benefits to the subject, and to the advancement of knowledge.
The selection of subjects is equitable.
Informed consent will be sought.
Informed consent will be documented.
Where appropriate, the research plan makes adequate provisions for monitoring the data collected to ensure safety of subjects.
There are adequate provisions to protect the privacy of subjects and to maintain the confidentiality of data.
Where any of the subjects are likely to be vulnerable to coercion or undue influence, additional safeguards have been included in the study to protect subjects.

The IRB must determine that these conditions exist at the time of initial review and at each subsequent review conducted by the IRB.

F. Informed Consent Form Checklist

The checklist below is provided to ensure that each of the following components are included in all Informed Consent forms used for research involving human subjects or oral history projects at Berea College.

The Informed Consent form is written in a language understandable to the subject or his/her legal representative.
The Informed Consent form is written in a consistent voice either first, second, or third person (not a combination) with the exception of the Voluntary Consent section, which is written in the first person.
Each page of the Informed Consent form is on original Berea College letterhead, except in cases of collaborative projects when the letterhead from a hospital, university, etc. is acceptable.
If the research is externally funded, the funding agency is listed under funding source.
The title of the study and the name, address, and telephone number of the investigator(s) is listed.
If the principal investigator is a student, the address and telephone numbers of his/her research supervisor(s), clinical Supervisor(s) are listed.
The telephone number 859-985-3487 is listed for contact with the IRB.
A statement that the study involves research and an explanation of the purpose of the research is included.
A concrete description of the study procedures, including the amount of time subjects are being asked to contribute and the nature of the questions or data to be collected, is included. Any procedures which are experimental are identified and any alternative procedures are disclosed.
A description of any risks and possible discomforts to the subject, if any, is included.
A description of any benefits to the subjects is included. If no benefits are expected, this is stated.
A statement describing the extent to which confidentiality will be maintained is included in addition to a clause which states that all information obtained is strictly confidential unless disclosure is required by law.
If subjects will be compensated for their participation, a statement has been included addressing this.
A statement that participation is voluntary, that refusal to participate involves no penalty, and that the subject may discontinue participation and have any data collected (connected directly to that participant as subject) destroyed at any time is included.
A statement indicating whom the subject can contact for any questions about the study is included.
The Informed Consent contains no language through which the subject is made to waive any of his/her legal rights or which releases the investigator, the sponsor, or the institution from liability for negligence.
The entire paragraph under the Section-Voluntary Consent on the Informed Consent form appears in boldface and the first sentence reads: “I have read this consent form (or it has been read to me), and I fully understand the contents of this document and voluntarily consent to participate.”
A space for the subject’s signature, the date, and the signature of a witness is provided.
An assent form completed and signed by a responsible party is included for subjects below 18 years of age.

Returned Checks (Insufficient Funds)

If a check is returned by a bank to Berea College for insufficient funds, the person receiving the benefit from the returned check is responsible for repayment to Berea College along with a $15 fine in the form of cash or money order within thirty (30) days.Two returned checks (even if repaid) will result in suspension of check-cashing privileges for the remainder of the term, with the exception of checks issued by Berea College. Thereafter, any ONE returned check will result in the permanent suspension of check-cashing privileges, with the exception of checks issued by Berea College.

Sexual Misconduct Policy

Section 1: Introduction

Berea College (the “College”) prohibits all forms of sexual discrimination, including Sexual Misconduct as described in this policy. The College is committed to addressing Sexual Misconduct in a manner consistent with applicable law. The College also is committed to raising awareness of issues relating to Sexual Misconduct and its prevention, providing training and continuing education for students, staff and faculty, and providing adequate resources for prompt assistance to victims of Sexual Misconduct.

Specifically, it is the policy of the College that designated faculty and staff members take immediate and appropriate steps to investigate and take action when the College knows or reasonably should know of possible Sexual Misconduct. When Sexual Misconduct is determined to have occurred, the College shall take prompt and effective steps reasonably calculated to end the misconduct, prevent its recurrence, and, as appropriate, remedy its effects. All complaints shall be processed in accordance with the procedures established in this policy.

It is also the policy of the College to protect any student, faculty, or staff member filing a complaint alleging Sexual Misconduct and to ensure that person’s safety as necessary, including taking interim steps to protect the person prior to the final outcome of any investigation.

The College is committed to resolving complaints promptly and equitably and to providing a safe and nondiscriminatory environment for all students, faculty, or staff members, free from Sexual Misconduct.This also includes complaints involving parties of the same sex.

Section 2: Scope of Policy

All of College’s students, faculty, staff, and campus visitors are covered by this policy. This policy applies on all College property, on all property at which the College holds educational programs or activities, and on all means of transport utilized by or on behalf of the College for students, faculty, and staff. This policy applies to all of the College’s educational programs and other activities. For purposes of this policy, all references to the campus shall include the College forest, farms, and other real property owned by Berea College.

Section 3: Assistance Following an Incident of Sexual Misconduct

The College offers assistance and non-judgmental support to any party involved in a claim of Sexual Misconduct. Both Complainants and respondents can expect to be treated with care and respect from the time the College becomes aware of an incident, through the entire process and afterwards. All parties are encouraged to utilize both on-campus and off-campus resources for assistance.

The College shall take prompt steps, as necessary, to protect a Complainant once the College has notice of a claim of Sexual Misconduct. The College shall take interim measures, including academic, residential, labor, and workplace accommodations, to protect the Complainant and witnesses as necessary while any criminal or campus investigation is underway and before the final outcome of any investigation. In the event of an alleged off-campus Sexual Misconduct incident involving a College program or activity, the College shall endeavor to protect the Complainant and the College community in the same manner as if the Sexual Misconduct had occurred on campus.

a.Immediate Assistance - In the event of Sexual Violence, various resources are available to students and other victims:

i. Trained on- and off-campus counselors who can provide an immediate confidential response in a crisis situation:

College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain

Bluegrass Rape Crisis Center: 1-800-656-4673

Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

ii. Emergency phone numbers for on and off-campus safety, law enforcement and other first responders, including the Title IX Coordinator:

Campus Safety/Police: 859-985-3333 (on-campus ext. 3333)

Local (Berea) Police: 859-986-8456

Ambulance: 911

Title IX Coordinator: 859-228-2323 (on-campus ext. 2323)

iii. Persons who can accompany a victim to the hospital or other health care provider:

College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain

Bluegrass Rape Crisis Center: 1-800-656-4673

Public Safety: 859-985-3333 (on-campus extension 3333)

iv. The Sexual Assault Response Team (SART) can provide the following resources and support and can be accessed by contacting: the Title IX Coordinator, a member of the Student Life Staff (Assistant Vice President for Labor and Student Life, Collegium), Public Safety, Counseling Services, or College Chaplain.

v. Health care services are available as follows:

Off-Campus: (White House Clinic): 859-985-1415 *After hours/holidays, call St. Joseph Hospital (859-986-3151) and ask for the Physician on-call for Berea College health services

Off-Campus: (St. Joseph’s Hospital – Berea): 859-986-3151

vi. A Sexual Assault Nurse Examiner (SANE) can be found or a rape kit can be obtained at:

Off-Campus: (St. Joseph’s Hospital – Berea): Can be requested in the Emergency Room, 859-986-3151 (Hospital Main number) or 859-986-6527/6528 (Emergency Room)

Off- Campus: (Baptist Health – Richmond): Can be requested in the Emergency Room, 859-623-3131 (Hospital Main number) or 859-625-3290 (Emergency Services)

Any victim of Sexual Violence should be aware of the options to seek treatment for injuries, preventative treatment for sexually transmitted diseases, and other services. Victims are encouraged to discuss with health care providers, campus officials, and/or first responders the option of seeking medical treatment in order to preserve evidence.

The College will provide counseling services without charge to a Complainant if the College determines that counseling is necessary as a part of its obligation to protect the Complainant while the investigation is ongoing. First responders shall consult with Complainants regarding what information needs to be withheld to protect each person’s identity. The College shall notify the Complainant of options to avoid contact with the alleged perpetrator and allow Complainant to change academic and extracurricular activities or Complainant’s living, transportation, labor, or workplace situation as feasible. The College shall ensure that the Complainant is aware of (a) Complainant’s Title VII or Title IX rights, (b) any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and referrals to legal assistance, and (c) the right to report a crime to campus or local law enforcement. The College shall not dissuade a Complainant from filing a criminal complaint at any time before, during or after the College’s internal investigation.

b. Ongoing Assistance

i. Counseling, Advocacy and Support (On and Off Campus)

1. Counseling and support services for victims of Sexual Misconduct determined to be reasonably necessary by the College, whether or not a victim chooses to make an official report or participate in the College’s disciplinary process or criminal process, include:

College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain

Bluegrass Rape Crisis Center: 1-800-656-4673

Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

2. Confidential counseling, advocacy, health, mental health, or sexual-misconduct-related sources, can be found both on and off campus as follows:

College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain

Bluegrass Rape Crisis Center: 1-800-656-4673

Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

3. Ongoing support during the College’s disciplinary process or the criminal process can be found as follows:

College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain

Bluegrass Rape Crisis Center: 1-800-656-4673

Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

ii. Academic Accommodation and Other Interim Measures

1. The College can provide immediate steps and interim measures to ensure the safety and well-being of the victim, such as the ability (for students) to change residence halls, labor schedules, alter academic schedules, withdraw from/retake a class without penalty, access academic support (e.g., tutoring) and (for faculty or staff) change workplace schedules/arrangements.

2. The College may be able to provide additional interim measures for a Complainant while an investigation is pending, such as no contact orders and (for students) changing the alleged perpetrator’s living arrangements, course schedule, or labor assignment or (for faculty or staff) changing workplace schedules/arrangements.

Section 4: Title IX Coordinator

The President shall designate at least one employee to coordinate the College’s efforts to comply with and carry out responsibilities under Title IX. The current Title IX Coordinator is Katie Basham. Through publication of this Policy and other means, the College shall notify all students, faculty, and staff of the name and contact information for the Title IX Coordinator and other persons designated to assist as Title IX officers. The coordinator shall have knowledge of Title IX requirements, of the College’s policies and procedures on sex discrimination and of all complaints raising Title IX issues throughout the College. The College shall appropriately train the coordinator in all areas over which the coordinator has responsibility. The coordinator shall be informed of all reports and complaints raising Title IX issues, even if the report or complaint was initially filed with another individual or office or if the investigation is to be conducted by another individual or office. The Title IX Coordinator shall have the same knowledge, training and responsibilities as concerns the College’s obligations under Title VII.

Section 5: Definitions

As used in this policy, the following phrases and words shall have the meanings set forth below:

Complainant(s) – This term includes persons claiming to be a victim of Sexual Misconduct and, as appropriate, persons reporting Sexual Misconduct.

Consent - Verbal statements that a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated, by age, intoxication, or other circumstances, cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.

Counseling Employees - Pastoral and professional counselors employed by the College in these roles who are licensed by the Commonwealth of Kentucky and other non-licensed employees working under the direct supervision and control of licensed employees such that non-licensed employees are covered by the licensed employees’ statutory privilege.

Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but it does not include acts covered under the definition of Domestic Violence.

Domestic Violence - A felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim, (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under any applicable domestic or family violence laws, or (e) any other person against an adult or youth victim who is protected from that person’s acts under any applicable domestic or family violence laws.

Educational Setting - All of the College’s academic programs and other activities of whatever nature on the College’s campus, the College’s farms, forest, other property owned by the College and at every other location where the College conducts authorized programs or activities.

Incapacitation - Any situation in which a person is incapable of giving consent due to the person’s age, state of consciousness, use of drugs or alcohol, or an intellectual or other disability.

Intimidation - The intentional act of coercing or frightening someone to engage or not engage in conduct of a sexual nature against that person’s will.

Hostile Environment - “Hostile Environment” means activity or conduct involving Sexual Harassment that is sufficiently serious that it interferes with or limits a person’s ability to participate in or benefit from the College’s program.

Non-Consensual Sexual Contact - Any physical touching of a sexual nature that is not preceded by consent or that continues after a previous consent is withdrawn.

Non-consensual sexual intercourse - Any sexual intercourse that is not preceded by consent or which continues after a previous consent is withdrawn. “Sexual intercourse” includes vaginal or anal penetration by a penis, object, tongue, or finger and oral copulation.

Responsible Employees - The President, Vice Presidents of the College, the Title IX Coordinator and Title IX Officers, faculty members, labor supervisors, collegium members, resident advisors (RAs) and their supervisors, and College security officers are Responsible Employees.

Retaliation - The act of seeking revenge upon another person.

Sexual Assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program.

Sexual Exploitation - The abuse of a position of vulnerability, differential power, or trust for sexual purposes.

Sexual Harassment - Unwelcome conduct of a sexual nature. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a requirement of employment or participation in a College program or activity, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment, grading or other College decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working, academic, or campus environment.

The College recognizes two types of sexual harassment: quid pro quo (something for something) and hostile environment misconduct. Quid pro quo harassment occurs where sexual activity is sought in exchange for an actual, tangible job or academic benefit. Hostile environment misconduct takes place where the conduct creates an environment in which an individual’s professional or academic performance is impaired or such person’s ability to function within the College community is hindered.

Sexual Violence - Physical sexual acts perpetrated against a person’s will or with a person who suffers from incapacitation. “Sexual Violence also means same-sex conduct that violates the College’s prohibition on Sexual Violence. Sexual Violence includes, but is not limited to, instances of Sexual Assault.

Sexual Misconduct - Any act of Sexual Harassment, Sexual Violence, Sexual Assault, Non-consensual Sexual Contact, non-consensual sexual intercourse, Sexual Exploitation, stalking, intimidation, Dating Violence, or Domestic Violence, or any act that creates a Hostile Environment or any act of retaliation against a Complainant or anyone involved in a grievance procedure under this policy.

Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others, or (b) suffer substantial emotional distress. As used in this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a person under similar circumstances and with similar identities to the victim.

Title IX Coordinator - The person designated as such by the President of the College or a person temporarily designated by the Title IX Coordinator to serve in that capacity during the Title IX Coordinator’s incapacity or absence from the College’s campus.

Section 6: Reporting Policies and Protocols

The College encourages victims of Sexual Misconduct to talk to somebody about what happened so victims can get the support they need and so that the College can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality:

Some employees (Counseling Employees) are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”

Some employees (Responsible Employees) are required to report all of the details of an incident (including the identities of both the victim and the alleged perpetrator) to the Title IX Coordinator. A report to these employees (called “Responsible Employees”) constitutes a report to the College - and generally obligates the College to investigate the incident and take appropriate steps to address the situation.

Other employees (employees that are neither Counseling Employees or Responsible Employees) may talk to a victim in confidence, and report to the College that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not necessarily trigger a College investigation into an incident against the victim’s wishes.

This policy is intended to make all persons, including students and their parents, if appropriate, aware of the various means of reporting and confidential policies available to them - so they can make informed choices about where to turn should they become a victim of Sexual Violence and so they will know how to report any problems which may subsequently arise.

a. Reporting Required - All College faculty and staff must be aware of their own reporting responsibilities and the importance of informing Complainants of (a) the reporting requirements of Responsible Employees, (b) Complainants’ option to request confidentiality and available confidential advocacy, counseling, or other support service, and (c) Complainants’ right to file a Title IX complaint with the College and to report a crime to campus or local law enforcement. All Responsible Employees shall report incidents of Sexual Violence to the Title IX Coordinator, subject to the exemption for the College’s Counseling Employees.

b. Responsible Employees - Responsible Employees shall report to the Title IX Coordinator all relevant details about the alleged Sexual Violence that the student or other person has shared and that the College will need to determine what occurred and to resolve the situation. Before a person reveals information that the person wishes to keep confidential, a Responsible Employee should make effort to ensure that the victim understands: (a) the Responsible Employee’s obligation to report the names of the alleged perpetrator and victim involved in the alleged Sexual Violence, as well as relevant facts regarding the alleged incident to the Title IX Coordinator or other appropriate College officials, (b) the victim’s option to request that the College maintain the victim’s confidentiality which the College will consider, and (c) the victim’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services. Collegium members and all Responsible Employees shall report the names of the alleged perpetrator (if known), the person(s) who experienced the alleged Sexual Violence, others involved in the alleged Sexual Violence, as well as relevant facts, including the date, time and location to the Title IX Coordinator. Responsible Employees do not need to determine whether the alleged Sexual Harassment or Sexual Violence actually occurred or that a Hostile Environment has been created before reporting an incident to the Title IX Coordinator.

c. Requests for Confidentiality - Upon receipt of a complaint of Sexual Violence, the College must act immediately to protect the Complainant while keeping the identity of the Complainant as confidential as reasonably possible. The Title IX Coordinator and other appropriate College personnel shall determine, consistent with state and local law, whether appropriate law enforcement or other authorities should be notified. The coordinator shall evaluate requests for confidentiality and determine when such requests shall be honored. The coordinator shall make reasonable efforts to respect requests for confidentiality. In the event the College determines that it can respect the Complainant’s request for confidentiality, the College shall take all reasonable steps to respond to the complaint consistent with the request and to determine what interim measures are appropriate or necessary. In the event the College determines it must disclose the Complainant’s identity to an alleged perpetrator, the College shall inform the Complainant prior to making the disclosure.

d. Reporting Options - Complainants may use any combination of the following options to report Sexual Misconduct:

1. Criminal Complaint - Criminal complaints are filed with local law enforcement officials and the College is not involved in that process. Criminal complaints can be filed with the following agencies:

Berea City Police: 859-986-8456

Kentucky State Police: 859-623-2404

2. Institutional Complaint - Institutional complaints are filed with the College, and upon receipt of the complaint, the College will initiate an investigation by the College in accordance with this policy. If you wish to file an institutional complaint, you may file a complaint with the Title IX Coordinator. The names and contact information for the College’s Title IX Coordinator and assisting Title IX Officers are:

Title IX Coordinator:

Katie Basham

859-228-2323 (on-campus, ext. 2323)

titleix@berea.edu

Title IX Co-Investigators:

Dr. Kennaria Brown

859-985-3760 (on-campus, ext. 3760)

Kennaria_brown@berea.edu

Dr. Billy Wooten

859-985-3762 (on-campus, ext. 3762)

Billy_wooten@berea.edu

Institutional complaints can also be filed with the following offices:

Labor and Student Life: 859-985-3158

Public Safety: 859-985-3333

Human Resources: 859-985-3070

3. Report to Responsible Employees - Reports made to Responsible Employees, including Collegium members are required by federal law to be relayed to the College’s Title IX Coordinator and will initiate an investigation by the College in accordance with this policy. Responsible Employees are identified in Section 5. Responsible Employees can be found around campus. The Title IX Coordinator is a Responsible Employee. You can report Sexual Misconduct to any responsible employee.

4. Privileged and Confidential Reporting - Either as an alternative to the reporting options listed above or in lieu of reporting Sexual Misconduct to the individuals or offices listed above, persons may make privileged and confidential reports of Sexual Misconduct to certain health or mental health providers or to certain pastoral counselors. Reports to these persons are privileged and will remain confidential so long as the alleged perpetrator does not represent a threat to his/herself or to others. Privileged and confidential reports may be made to:

Off Campus Health Provider and Contact Information:

White House Clinic: 859-985-1415 *After hours/holidays, call St. Joseph Hospital (859-986-3151) and ask for the Physician on-call for Berea College health services

On Campus Mental Health Care Provider and Contact Information:

Counseling Services: 859-985-3212 (on-campus, extension 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

Off Campus Mental Health Care Provider and Contact Information:

Bluegrass Rape Crisis Center: 1-800-656-4673

Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

On-Campus Pastoral Counselor and Contact Information:

College Chaplains (in the Campus Christian Center) – 859-985-3134 (on-campus, extension 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain

Reports of Sexual Misconduct may be made by third parties (individuals who were not the alleged victim or perpetrator) or anonymously to the Title IX Coordinator or any other Responsible Employee. Requests for amnesty from drug, alcohol, and other student conduct policies should be directed to the Title IX Coordinator who shall consider the request and make a recommendation to the President or Vice President for Labor and Student Life if the coordinator believes the request should be approved in order to further the objectives of this policy. The President or Vice President for Labor and Student Life may approve or disapprove the request after considering all of the College’s interests.

e. Reporting under the Clery Act - The College has various reporting obligations under the Clery Act which promotes campus safety by ensuring that students, employees, parents and the broader community are well-informed about important public safety and crime prevention matters. Details about the College’s reporting obligations under Clery may be obtained at:

https://www.notalone.gov/assets/ferpa-clerychart.pdf.

Depending on the circumstances, the Clery Act may also require the College to issue timely warnings to the campus community about crimes that have already occurred but may continue to pose a serious or ongoing threat to students and employees. Certain Campus Security Authorities (CSAs) are required to report information gathered during the investigation of criminal activity. These CSAs include Berea College Public Safety Officers and local law enforcement officers. These CSAs will typically be required to document incidents in a fashion that contains personally identifiable information about the parties involved and witnesses. Other CSAs, such as College officials, are not typically required to report personally identifiable information.

Section 7: Investigation and Grievance Procedures

The College has adopted and published institutional procedures for the investigation and resolution of discrimination and other complaints, including complaints of Sexual Misconduct under this policy. These procedures are published online at: http://www.berea.edu/.

Section 8: Prevention and Education

This policy shall be accessible to persons with disabilities. This policy, reporting forms, information and training shall be accessible to students who are English language learners. This policy shall be distributed on campus in such a way that all persons, regardless of their immigration status, including undocumented students and international students, are aware of their rights under applicable law. State and federal laws prohibit retaliation against the Complainant, anyone who files a third-party report, any witness or anyone who otherwise participates in the investigative and/or disciplinary process, and the College will take steps to prevent retaliation and strong responsive action if it occurs, including any retaliatory actions by College officials. The College must routinely take steps to inform students that the College’s primary concern is student safety and that the use of alcohol and drugs never makes the survivor at fault for Sexual Violence.

a.Resident Advisors - As noted above, RAs are Responsible Employees. In cases of Sexual Misconduct involving students, RAs shall explain to the student (before the student reveals confidential information) that although the RA must report the names of the perpetrator and the Complainant and other relevant facts to the Title IX Coordinator or other designated College officials, the College will protect the student’s confidentiality to the greatest extent possible. RAs shall provide students with information regarding on-campus resources, including victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, legal assistance, and the local rape crisis center or other off-campus resources.

b. Sexual Violence and Prevention Program - The College’s Sexual Violence and Prevention Program (SVPP) shall clearly identify the offices or individuals with whom students, faculty, and staff can speak confidentially. The SVPP shall clearly identify the offices or individuals who can provide resources such as victim advocacy, housing assistance, academic support, counseling disability services, health and mental health services, and referrals for legal assistance. The SVPP shall identify the College’s Responsible Employees. The SVPP shall explain that if an incident is reported to a Responsible Employee, that employee is required to report the incident to the Title IX Coordinator or other appropriate official, including the names of the alleged perpetrator and victims involved in the Sexual Violence, the date, time, and location. Information concerning the College’s SVPP is available online at: http://www.berea.edu/.

c. Bystander Intervention - The College shall utilize bystander intervention as a tool to prevent Sexual Misconduct. In implementing the bystander-focused prevention methods, the College shall implement the common components of bystander intervention and delivery methods found at: https://www.notalone.gov/assets/bystander-summary.pdf.

d. Campus Assessments - The College shall conduct climate surveys in accordance with the guidelines found at: https://www.notalone.gov/assets/ovw-climate-survey.pdf. In addition, the College shall aggregate data about Sexual Violence incidents on campus in order to identify patterns or systemic problems related to Sexual Violence.

e. Educating Students - The College shall conduct programs to educate students about the College’s Sexual Misconduct policy at least once each calendar year. At Sexual Violence awareness events, the College shall provide information on (a) Title IX, (b) how to file a Title IX complaint with the College, (c) resources available to Sexual Violence victims such as counseling, mental health and health services, and (d) options for reporting an incident of Sexual Violence to campus or local law enforcement. The College shall provide education programs for students to promote the awareness of rape, acquaintance rape, Domestic Violence, Sexual Assault, and stalking, which shall include:

1. primary prevention and awareness programs for all incoming students and new employees, which shall include:

(a) a statement that the College prohibits the offenses of Domestic Violence, Dating Violence, Sexual Assault, and stalking;

(b) the definition of Domestic Violence, Dating Violence, Sexual Assault, and stalking in the state of Kentucky and under this policy;

(d) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of Domestic Violence, Dating Violence, Sexual Assault, or stalking against a person other than such individual;

(e) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;

(f) information described in 20 U.S.C. 1092(f)(8)(B)(ii) through (vii); and

2. ongoing prevention and awareness campaigns for students, faculty and staff, including the information described in clauses (a) through (f) of subparagraph 1 above.

Section 9: Training

Student Training - The College shall provide training for students, which shall include: (a) encouragement to report incidents of Sexual Violence, (b) information on how to report Sexual Violence to campus safety or local law enforcement and the ability to pursue law enforcement proceedings simultaneously with a Title IX grievance, (c) general information on Title IX, (d) what constitutes Sexual Violence under the College’s policies, (e) the College’s definition of consent as applicable to sexual conduct, including examples, (f) information on when unwelcome sexual conduct creates a Hostile Environment, (g) places where students can seek confidential support services, (h) reporting and confidential disclosure options, (i) grievance procedures used to process complaints of Sexual Violence (and other forms of Sexual Misconduct), (j) disciplinary code provisions relating to Sexual Violence (and other forms of Sexual Misconduct) as well as the consequences of violating those provisions, (k) effects of trauma on victims (l) the role alcohol and drugs often play in Sexual Violence incidents, including the deliberate use of alcohol and/or other drugs to perpetuate Sexual Violence, (m) strategies and skills for bystanders to intervene to prevent possible Sexual Violence, (n) Title IX’s protections against retaliation, (o) persons on campus to whom students can confidentially report incidents of Sexual Violence, (p) an explanation that students do not need to determine whether incidents of Sexual Violence or other Sexual Harassment created a Hostile Environment before reporting the incident, and (q) other information relevant to reducing or eliminating incidents of Sexual Misconduct and mitigating its effects.

Resident Advisers Training - The College shall provide the following training for Resident Advisers: (a) information on how and where students can seek confidential support services, (b) contact information for local rape crisis centers or other off-campus resources so that RAs can provide this information to students, and (c) reporting and other responsibilities for RAs as Responsible Employees under this policy.

Faculty and Staff Training - The College shall provide training, on an annual basis, for all faculty and staff about Sexual Misconduct and the prohibition of sexual discrimination, including Sexual Misconduct, under this policy. Training shall include practical information about (a) how to prevent and identify Sexual Violence, including same-sex Sexual Violence. (b) behaviors that may lead to and result in Sexual Violence; (c) the attitudes of bystanders that may allow conduct to continue; (d) the potential for revictimization by responders and its effect on students or other victims; (e) appropriate methods for responding to a student or other victim who may have experienced Sexual Violence, including the use of nonjudgmental language; (f) the impact of trauma on victims; and (g) the person(s) to whom such misconduct must be reported.

Special Training for Responsible Employees - Responsible Employees are those employees defined in Section 5. Responsible Employees shall be trained so that they will know how to respond properly to Sexual Misconduct complaints.

Special Training for Title IX Coordinator and Others Involved in Grievance Procedure - The College shall require training for the Title IX Coordinator, others who receive complaints, investigators, and grievance adjudicators

Special Training for Pastoral and Professional Counselors - The College shall instruct pastoral and professional counselors to inform students:

Of their right to file a Title IX complaint with the College and a separate complaint with campus or local law enforcement.
They are available to assist the student in filing such complaints.
Title IX includes protections against retaliation.
College officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs.

Pastoral and professional counselors shall be trained to ensure that they understand the extent to which they may keep a report confidential and to avoid disclosing personally identifiable information.

Approved by Administrative Committee: March 31, 2015; April 7, 2015

Approved by General Faculty Assembly: April 7, 2015

Adopted by the Board of Trustees: April 18, 2015

Effective Date: August 1, 2015

Procedures for Reporting, Investigating, and Hearing Alleged Violations of Certain College Policies

Berea College is committed to investigating promptly and resolving all complaints of personal conduct violating the College’s policies concerning: (i) harassment, (ii) sexual misconduct, (iii) prohibited discrimination, and (iv) the College’s policy on consensual relationships between employees and students (any of the foregoing being referred to as a “Violation”). The College provides the following procedures for reporting and investigating allegations and hearing complaints involving students, faculty, or staff. The procedures contained in this document (the “Procedures”) may also be used, at the discretion of the President of the College, in other matters involving alleged violations of College policy where no specific investigative or hearing procedures have been designated. Complaints (other than those alleging sexual misconduct) involving only students (as both complainants and respondents) fall under the jurisdiction of the Student Conduct and Judicial Codes. Claims of harassment, sexual misconduct, etc., directed toward third parties such as College contractors or vendors are not within the scope of these Procedures and will be addressed administratively or otherwise.

A person who believes that he or she has been the victim of a Violation or desires to report a Violation may choose to pursue and resolve the situation privately without invoking these Procedures. However, pursuing the matter informally or privately does not preclude subsequent use of these Procedures. Students or employees of the College seeking information or having questions related to these Procedures may contact the Title IX Coordinator.

Reporting

If a person (a) who believes that he or she has been the victim of a Violation, or (b) has firsthand knowledge of a Violation (such person being referred to as the “complainant”), chooses to pursue the allegation through the informal or formal hearing processes described below, he or she begins by making a complaint to the College’s Title IX Coordinator. (A “complaint” is defined as a written communication from a complainant that leads to investigation and action.)
A complainant may wish to make a record of the behavior constituting the Violation, including the date and a description of exactly what happened, who said or did what, and any other observations. The names of any witnesses to the incident may also be recorded. Such a record is best made promptly to ensure its greater reliability.
The Title IX Coordinator will contact the person accused of a Violation (the “respondent”), provide him/her with a copy of the complaint, and ask that a written response to the complaint be submitted by a specified date. The Title IX Coordinator shall also discuss with the complainant any interim measures (such as housing and labor assignments, workplace accommodations, security escorts or class schedule changes) that are appropriate prior to a hearing on the complaint.
A person accused of a Violation (the “respondent”) may elect to report the matter to the College’s Title IX Coordinator or the respondent’s supervisor and is encouraged also to keep a record of the incident upon which the allegation was based.

Investigation

The Title IX Coordinator will investigate any complaint of an alleged Violation and inform the respondent as soon as this is appropriate during the investigative process.
If the Title IX Coordinator determines that the alleged Violation is not likely to have occurred, the complainant, the respondent, and any appropriate administrator or other staff member who has been involved in the investigation will be so informed, and the complaint will be dismissed. The complainant may, within five calendar days of such a dismissal, appeal to the President for review of the Title IX Coordinator’s action. The decision of the President on any such appeal is final and binding.
If there is an initial determination that there is a reasonable basis to believe that the alleged Violation has occurred, the Title IX Coordinator will report the matter to the appropriate senior administrator (usually the vice president of the College division in which the respondent is employed) and will advise the complainant of his or her options in pursuing the complaint. The Title IX Coordinator will also inform the respondent of the complaint if this has not already occurred during the investigation.

Actions

A complaint not dismissed by the Title IX Coordinator can be handled informally or through a formal hearing process utilizing these Procedures.

Resolving Complaints Informally

The complainant, whether student, faculty, staff member, or administrator, may request to have the matter informally resolved by the senior administrator (usually the vice president of the division in which the respondent is employed) to whom the respondent reports. The respondent must also be informed of this choice of process. If the parties cannot agree on an informal process, the complaint will be acted upon in the formal process as provided in these Procedures.
Informal processes may vary, depending on the circumstances surrounding the complaint, but the senior administrator who is asked to examine the complaint must begin the process as soon as possible after s/he has received the complaint but in no case more than 15 calendar days after the incident is reported.
In resolving complaints informally, the senior administrator must consult with the Title IX Coordinator regarding appropriate action in order to provide fair and consistent responses to similar matters across campus. Mediation is not appropriate in cases involving allegations of Sexual Violence.
If the complaint is informally resolved to the satisfaction of the complainant, respondent, and senior administrator, the administrator shall simultaneously provide a statement of resolution in writing, including any terms of the agreement, to the complainant, respondent, and the Title IX Coordinator.
Either party may choose to end the informal process at any time and move directly to the formal hearing procedures. If a complaint being handled informally cannot be resolved, then a formal hearing may be requested (as described below).

Resolving Complaints through the Formal Hearing Process

In order to initiate a formal hearing, the complainant must state in writing the charge(s) that the panel will hear. Such charge(s) shall contain a recitation of the specific facts and circumstances constituting the alleged Violation. The respondent shall be given a copy of the charging document describing the Violation.
Formal complaints will be heard by a panel chosen from the pool of elected members of the Campus Conduct Hearing Board. The panel shall consist of three persons selected by the President of the College according to policy governing the Campus Conduct Hearing Board. The President shall name the panel’s chairperson. The hearing process should begin as soon as possible and the panel must ordinarily conclude its work no less than 15 calendar days after the complaint has been submitted to the panel. Once the panel is appointed and organized, the panel’s chairperson or the appropriate administrator shall give the complainant and respondent at least two calendar days’ notice of the time and place of the hearing.
To the extent reasonably possible, hearings shall be conducted in a manner that does not inflict additional emotional trauma on the complainant. Requests for special hearing accommodations shall be addressed to and decided by the College’s Title IX Coordinator.
Except in extraordinary circumstances, the respondent is entitled to confront his or her accuser and any witnesses at the hearing. The right of confrontation may be waived by the absence or gross misconduct of the respondent. The complainant and the respondent may each have one personal advisor present at the hearing. Such advisor(s) must be a full-time member of the faculty, staff, or administration of the College. Persons not directly involved in the hearing are not allowed to attend. In cases involving allegations of Sexual Violence, each party may be allowed to have an attorney present at the hearing. Attorneys may offer advice to their clients but are not otherwise permitted to participate in the hearing. If any party has an attorney present, then the College may also have an attorney present.
Other than the complainant and respondent, those who may testify are normally limited to witnesses or persons with personal knowledge of the incident or those who investigated the incident. Character witnesses are not permitted either for the complainant or respondent. Any available documentary evidence (e.g., email, letters, written documents or other records) that the parties intend to introduce should be submitted to the panel Chair in advance of the hearing.
The standard of proof in a formal hearing is whether, based on all the evidence presented, a reasonable person would conclude that it is more likely than not that the alleged Violation did occur (preponderance of evidence standard).
The Title IX Coordinator, Director of Human Resources, or another member of the faculty, administration, or staff of the College appointed by the President, will serve in an advisory capacity to the hearing panel and may be present for the formal hearing, but such advisors may not participate in the deliberations, findings or recommendations of the hearing panel.
Both the complainant and the respondent shall be kept informed of the status of the formal process by the Title IX Coordinator.
If the hearing panel concludes that the alleged Violation has occurred, the Title IX Coordinator then shall provide whatever information there may be to the panel about other Violations involving the respondent of which the respondent has been previously informed and any disciplinary action taken. The Title IX Coordinator may be asked to provide a recommendation regarding disciplinary action that may be warranted in a given case.
Following the hearing, the panel must submit its conclusions within 15 calendar days in the form of a written report of its findings and its recommendation(s) to the President. The President shall provide a copy of this report to both the complainant and the respondent.
If the respondent is a member of the College Faculty and believes that the underlying facts of the alleged Violation and findings of the hearing panel for the complainant have been based upon speech or behavior in a classroom, laboratory, public lecture, or comparable environment that is protected by academic freedom, s/he may appeal the findings in writing to the Faculty Appeals Committee within 15 calendar days, showing cause for the claim of academic freedom. If the appeal is accepted, the Faculty Appeals Committee must hear the claim as soon as possible and submit its findings to the President and respondent within 15 calendar days after the conclusion of its hearing.
The President weighs the recommendations of the hearing panel (and when appropriate, the Faculty Appeals Committee) in arriving at a decision. As soon as possible, that decision is simultaneously conveyed in writing to the complainant, the respondent, the chairperson of the panel, and anyone else the President believes should be informed. The President may provide such information in the written statement, including details from the panel’s reports, as he or she deems appropriate.

General Guidelines

In the reporting, investigating, and hearing of alleged Violations, every effort shall be made to ensure confidentiality and the privacy of the parties involved, but complete confidentiality cannot be guaranteed, particularly if formal charges are filed. Requests for confidentiality shall be addressed to and decided by the College’s Title IX Coordinator. At all stages, investigations, administrative hearings, and formal hearings complaints are to be handled discreetly and expeditiously. Every effort will be made to contain hearsay and to minimize the potential for harmful effects on the individuals involved and the College community.
Both the complainant and the respondent shall be assured of fair treatment throughout the investigation, administrative hearing and formal hearing processes. Retaliation or intimidation by either party is prohibited by law and College policy; neither will be tolerated. Any such retaliation or intimidation is subject to disciplinary action up to and including termination or expulsion.
Fabricated charges of alleged Violations or false testimony are serious offenses. Persons found to have fabricated charges or testified falsely will be subject to disciplinary action up to and including termination or expulsion.
At least annually, the Title IX Coordinator shall inform the President of reports of alleged Violations and the results of any investigations or complaints.
All references in these Procedures to “calendar days” shall mean all days except those days officially designated as College-wide holidays each year by the College’s Office for Human Resources.

Disciplinary and Remedial Measures

When a Violation has been determined to have occurred, disciplinary measures shall be appropriate to the severity of the incident. Discipline may include one or more of the following actions: warning, reprimand, required letter of apology, changed assignment, relocation of office, required counseling, suspension, demotion, loss of salary, and other appropriate penalties, up to and including termination. For students, discipline may include probation, suspension, expulsion or other sanctions as provided under the Student Conduct Code. The College shall undertake reasonable measures to remedy the Violation and prevent recurrence.

Appeals of Findings and Final Decisions on Findings and Sanctions

Either the complainant or the respondent involved with the alleged Violation may appeal to the President the findings of the panels of either the Campus Conduct Hearing Board or the Faculty Appeals Committee. Appeals are limited to two circumstances: (1) the discovery of new evidence bearing on the complaint; and (2) indications that improper procedures were employed in the investigation or in the formal hearing. The appeal must be made in writing within five calendar days after the parties have received the original report of findings from the President.
The decision of the President on the findings and sanctions in any case is final and binding.
The decision of the President on any appeal is final and binding.

Options Beyond the College

Individuals may have legal recourse beyond these Procedures. In particular, a complainant may file a formal complaint with the Office of Civil Rights (OCR) under Title IX (for employees or students), with the Equal Employment Opportunity Commission (EEOC) under Title VII (for employees), file a civil lawsuit or pursue a criminal complaint with law enforcement authorities.

Sexual Assault: Frequently Asked Questions

How can physical evidence be preserved?

It is normal for someone who has been sexually assaulted to want to feel “clean”; however, bathing and other actions can destroy important physical evidence. You should refrain from showering, drinking, eating, douching, urinating, chewing gum or changing clothes until a medical exam can be done. If clothing has already been removed, it should be placed in a paper bag or pillowcase (not a plastic bag).

What happens if I go to the ER?

You have the choice to go to the Emergency Room for a sexual assault exam (cost normally covered by the Victim’s Fund established by the state) or medical attention (Emergency Room expenses will be billed to the student).
You may also choose to have a medical exam done by College Health Services during office hours (8:30am – 5:00pm M-F). This cost is covered by the student health fee. If you go to the ER for a sexual assault exam, the hospital staff is required to call a Bluegrass Rape Crisis Center advocate and the police.
If a sexual assault exam is requested, the victim must indicate that she/he is considering pressing charges so that a Rape Kit is made available to preserve evidence collected from the exam. This in no way obligates the victim to press charges but ensures that critical evidence is collected should a decision to press charges be made any time in the future. (Note: There is no statute of limitations on the crime of rape; however, rape kits are typically disposed of after 6 months).

The victim will be encouraged to provide a statement to the police officer before leaving the hospital. This statement accompanies the completed Rape Kit but it is not an agreement to press charges. A victim has the right to refuse to speak with a police officer or may choose to do so at a later date.

Do I have to talk to Public Safety and/or to a Police Officer?

No. You have the right to refuse to speak with Public Safety and/or to a police officer. You also have the right to speak with Public Safety and/or a police officer at a later date. Please keep in mind that critical evidence may be lost should you wait to make a statement and/or press charges and that a full investigation cannot be done without your cooperation.

What is involved in a sexual assault examination?

Either the ER doctor or, if requested, a Sexual Assault Nurse Examiner (SANE) will conduct a thorough medical examination to assess for injury and collect evidence that can be used if charges are pressed. The exam takes 2-3 hours and requires a lengthy list of samples to be collected for analysis, including pubic hair, finger nails, vaginal or penile and anal fluids, pictures of bruises or wounds, etc.

If I had been drinking at the time of the assault, will I get in trouble for drinking if the sexual assault is reported?

The College is committed to caring for and supporting anyone who has been sexually assaulted regardless of the circumstances surrounding the assault. If there are alcohol, visitation, or other policy violations connected to an assault situation, accommodations can be made so that you are not penalized for these infractions.

What should I do if I am worried about seeing the other person around campus?

If you are concerned about your safety or reasonable comfort as you participate in campus events, class, or labor, the College will try to adjust housing assignments, class and labor schedules, etc. Depending on the circumstances, the College may also issue a Cease and Desist order limiting further contact between the individuals involved.

Smoking

Berea College reaffirms its historic belief that smoking should be discouraged in the College community for the reasons of health, expense, aesthetics, and the need for a safe and healthy environment. Limiting smoking on College property takes the welfare of all the community into consideration. (See Smoking-on-Campus Policy.)

Smoking and Tobacco Use Policy

The purpose of this policy is to confine smoking and the use of tobacco and certain nicotine products to designated areas to protect the health of our students, employees, and visitors. This policy applies to:

smoking (tobacco or tobacco-free products, that might be smoked via cigarettes, pipes, water pipes, and hookahs)
smokeless tobacco (including snuff, snus, and chew)
vaping or other use of unregulated nicotine products (such as electronic cigarettes)

Smoking and other forms of tobacco use are not only a hazard to smokers or users, they are also a health risk to others. While Berea continues to welcome both smokers and nonsmokers as students and staff, smoking and the use of tobacco and certain nicotine-related products is strictly limited to designated areas.

Smoking is prohibited in College buildings, vehicles, walkways, grounds, the farm and forest, and all other areas not specifically designated as smoking areas.
Where smoking is allowed, students and employees are required to use the provided receptacles to guard against fire and maintain good housekeeping. Smoking is permitted in gazebos that are adjacent to the following buildings:

Fairchild Hall
Hutchins Library (near the Draper side)

James, Seabury, and Kettering residence halls

Kentucky and Talcott residence halls

Phelps Stokes Chapel

Science Building

Seabury Center

Anyone observing a person smoking in a prohibited area should politely inform the offender that the area is a nonsmoking area and inform him or her of the location of the nearest designated smoking area.

Students and employees who desire to quit smoking may obtain information on smoking cessation programs from the Wellness Director.
Information concerning the hazards associated with smoking and other tobacco use can be found at: http://www.cdc.gov/tobacco/index.htm

Revised: 4/13/2015

Social Media Policy

Introduction

Berea College welcomes the responsible use of social media technologies to support engaged and transformative learning and to reach out effectively to our broader community. Our rich and diverse use of social media also allows us to share, in a public way, the many qualities and strengths of our academic institution. From that perspective, Berea intentionally uses social media to advance the institution and build relationships with important constituencies like prospective and current students, donors and alumni. The venues to accomplish this are numerous and include social networking sites (like Facebook, Twitter, and Ning), content sharing (through YouTube, iTunesU, BlogTalkRadio, Ustream, Flickr, and podcasts), and through the College’s web presence (including www.berea.edu myBerea portal and BCnow). Through these venues we can communicate important information and engage others in areas of mutual interest.

The College also recognizes the open nature of social media which is often used for both personal and professional purposes. Social media can also create a sense of role ambiguity. It may not always be clear when one is speaking on behalf of the College, sharing facts, or sharing personal/professional opinions. This policy is designed to help our employees navigate through this ambiguity and clarify certain responsibilities when posting material online. It is important to remember that we are subject to the same laws, professional expectations, and guidelines when interacting online as we would in-person with students, parents, alumni, donors, and the media.

Section 1: Laws, Regulations, and Policies that Govern What You Can Post Online

This section outlines governing regulations that apply to all faculty, staff, and students when posting material online. In some cases, violations could lead to disciplinary action or termination.

1. Protect confidential and proprietary information: Do not post confidential or proprietary information about Berea College students, employees, or alumni. All persons must follow the applicable federal requirements such as FERPA and HIPAA, as well as NCAA Division III regulations. Adhere to all applicable institutional and legal privacy, confidentiality and property policies and laws.

2. Respect copyright and fair use: When posting, be mindful of the copyright and intellectual property rights of others and of the College. For guidance, consult the Berea College Intellectual Property Rights Policy.

3. Use Berea College intellectual properties only with permission: No user may establish social networking sites that use the Berea College logo or other intellectual properties such as photography, video, artwork, and publications copyrighted to the College without authorization from the College. It is a violation of social networking site policies to represent an institution without authorization.

4. Disseminating official information: Public Relations and other designated offices are responsible for posting and publishing online official information on behalf of the College. The Employee Handbook includes a related policy for all employees, including students under the section titled “Release of Information to the Public Media.”

Section 2: Guidelines for Institutionally Sponsored and Moderated Social Media Sites

These guidelines apply to institutional accounts that are set up, maintained and moderated by Public Relations or Admissions on sites like Facebook, Twitter, and Ning. These guidelines also apply to department-moderated social media sites.

1. Institution-moderated social networking sites: Berea College has institution-moderated social network sites managed by Public Relations and Admissions staff. These sites can be used by the campus community to disseminate information to various audiences including prospective students, donors, alumni, and visitors of the College. Individual departments may choose to establish a department-moderated site when these institution-moderated sites are not applicable for their needs. Departments are required to contact the Web Team at webteam@berea.edu to register these sites.

As part of the social media framework, Berea maintains an official presence on YouTube, BlogTalkRadio, Ustream, Vimeo, Flickr, and other similar sites for content sharing. These sites offer content to inform audiences about the mission and activities at the College and are often linked and accessed through our social media sites as well. Berea maintains an institutional presence on these sites with content produced or endorsed by the College. These sites are maintained by the Public Relations Office to reach alumni and friends as well as by the Admissions Office to reach prospective students. They serve as a clearinghouse for content produced and/or endorsed by that College for these audiences. Other departments and offices may contribute content to these official sites when approved by Public Relations or Admissions.

2. If you operate a department-moderated social networking site: Departments shall consider their particular audience, message and goals and have a strategy for keeping information on their social media site up-to-date. The intention and purpose of the department-moderated sites should be specific in order to protect the College’s institutional voice. Efforts shall be made to cross link to institution-moderated sites managed by Public Relations or Admissions and/or to College content on www.berea.edu when relevant. Use of images, naming conventions, pictures/graphics and posted content must directly relate to the particular department or activity to avoid confusion with institution-moderated sites.

The web team may also encourage the department to use the College presence to offer an integrated user experience and to take advantage of certain additional features available. For example, content from departments and programs could be published within a playlist on one of the College’s institutional sites operated by Public Relations or Admissions. In addition, the College sites may offer additional benefits to the department in terms of content exposure and the size of videos that could be uploaded and the length of time these videos will remain on the site. “Alternate” accounts that appear to represent our official presence on these sites are not permitted.

3. Administrative access to Berea sponsored social media sites: A member of the Web Team (typically a PR representative by default) shall be included as an administrator on any social networking site that is moderated and maintained as an official presence of the College. There are several important reasons for this. We are assured that these networks are managed when staff members leave. This practice also allows us to communicate efficiently during an emergency and it allows us to track usage and quickly remove content that violates this policy. Site administrators are still responsible for their social media networks and the PR administrator typically serves as a backup.

4. Instructional use of social media sites: Faculty do not need to use our official presence on various social media sites and can use these tools freely to support teaching and learning activities. Departments and programs that want to establish “official” presences on these sites shall register with the web team at webteam@berea.edu.

5. Official Clubs and Organizations: may create an official web presence in consultation with the group’s advisor using social media or other web technologies as applicable. Students should consider their particular audience, message and group goals and have a strategy for keeping information on their social media sites up-to-date. These social media sites shall also be registered through webteam@berea.edu so that we can promote them in other media. Use of images, naming conventions, pictures/graphics and posted content must tie back clearly to the particular group or activity to avoid confusion with institution-moderated sites.

Section 3: Posting Online and When Using College-Moderated Sites

This section provides guidelines for all faculty, staff, and students when posting material online.

1. Understand how your role may impact how others interpret what you say: If you choose to list your work affiliation on a social network or identify your association with the College then you should regard all communication on that network as you would in a professional network. What you publish online should never be attributed to the College and shall not appear to be endorsed by or originating from the College, unless you are authorized to officially act in this capacity on behalf of the College. See also the Academic Freedom and Responsibility policy in the Faculty Manual. All social media sites must include the disclaimer “this site is not an official publication of Berea College.”

2. When using College email: You are accountable for all activity conducted with your College email address or when identifying yourself as a member of the College community. The “@berea.edu” address attached to your name may indicate to others that you are acting on the College’s behalf so be clear when that is not the case.

3. Know the terms of service of your social media platform: Be sure to understand and follow the terms of service of any social media platform you use. You are personally responsible for compliance.

4. Be accurate and transparent: Have the facts before you post. If you post inaccurate information then correct it quickly. Social networks are successful when they offer authentic and direct communications via user-generated content. Social networks are interactive with a two-way flow of information. If you are representing Berea College when posting, acknowledge this by including your name and job title or department as a signature to your post.”

5. Respect others’ privacy: Take care not to post private information concerning others such as an email from a colleague or contact information. Please exercise good “netiquette.” Social networks are in the public realm and are not appropriate venues for the discussion or dissemination of private matters.

Additional care must be taken when participating in Berea sponsored and moderated social media sites. The below “best practices” (i.e., items 6 through 8) particularly apply to our moderated sites that are set up to reach specific audiences to carry out mission critical functions from fund-raising to admissions.

6. Consider the intended audience when posting: College-moderated sites are frequented by prospective students, alumni, friends, and other interested parties. The College encourages thoughtful social media interaction and does not seek to censor contributions to these sites. However, profanity, racist, sexist, or derogatory remarks, content that incites hate or encourages unethical or illegal activities, comments on litigation involving the College, spam and off-topic remarks may be removed and the user could be banned from further participation on the site.

7. Be relevant and respectful: Be thoughtful, accurate, relevant and respectful on Berea moderated sites. Our Berea-moderated social networks are successful when members contribute thoughtful and relevant content. Have a comment? Post it. Have a suggestion? Tell us about it. Have a different opinion? State it, respectfully. Want to locate alumni in your area? Do it. Want to offer a unique perspective? Share it. Want to air a grievance? Take care to ensure that your statements are relevant and do not violate confidentiality and others’ privacy. Social networks are often not the best forums for raising grievances that might be better addressed in other venues or handled privately.

8. Link to other College material: Ideally, posts on College moderated sites should be brief; redirecting a visitor to content that resides within the Berea College site when applicable.

Section 4: Process for Resolving Concerns and Conflicts

These guidelines apply to faculty, staff, and students.

Social media technology is evolving and no policy or procedure can address all of the particular situations and circumstances that may arise. Campus employees and students can contact the web team at webteam@berea.edu for guidance.

Approved by the Administrative Committee, July 9, 2010

Solicitation

The intent of the campus solicitation policy is to ensure non-interference with the educational activities and business operations of the College. It is the general policy of the College not to serve as a meeting place wherein vendors can solicit employees or students.

No off-campus individual or organization may distribute literature; advertise; solicit customers; recruit volunteers, employees, or members; seek donations; or make sales on campus. This policy does not apply to individuals or organizations who are invited to campus by authorized Berea College administrative personnel as part of an approved College activity or event, i.e., United Way Drive.

Request for exception should be referred to the Director of Campus Life for students and to the Vice President of Operations and Sustainability for employees.

Student Accounts, Term Bills, and Payment Plan

Upon enrollment, each student at Berea College is assigned a Student Account. This account contains charges for housing, meals, required fees, and selected educational items such as books, supplies, and institutional fees and fines. Financial aid for educational costs also is credited to this account.

To confirm enrollment and validate the student ID, the Student Account must be resolved prior to the first day of classes each term. If the account cannot be paid in full by that date, a payment plan must be arranged through the Office of Student Financial Aid Services. Payment plans may include a combination of payment by cash, check, or credit card; use of labor earnings through payroll deduction (50 percent or more); or additional aid such as institutional or federal loans.

Once the student account is paid for a prior term, students will be able to charge books through the College's on-line Bookstore. Other educational costs and College fines also may be applied to the account. These charges and any charges remaining as part of a payment plan must be resolved in order to register for upcoming terms. (Continuing students must have paid their Term Bill below $100 before being able to register for upcoming terms.) Student financial aid cannot be used to cover any fines.

Charges remaining on the account or incurred after registration must be resolved by the end of the term. Special financial aid for upcoming terms (e.g., grants for travel abroad) will not be released until the account balance is paid in full.

The College establishes fees and charges under the following circumstances:

as a charge for some service or materials to be used by the student;
as a privilege to do something out of the usual pattern;
as a means of defraying administrative costs that are involved in making materials and services available; and/or
as a deterrent (fine or disciplinary charge)

Fees, Fines, and Charges

Following is a list of the fees, fines, and charges currently in effect:

Charge	Fee
Miscellaneous Fines and Fees
Identification Card Replacement	$10.00
Fine for Authorized vehicles with 3 or more citations	$100.00
Fine for Vehicle Possession violations—first offense	$100.00
Fine for Vehicle Possession violations—second offense	$250.00
Processing of Insufficient Funds Check	$15.00
Missed appointment for psychological counseling	$15.00
Hutchins Library Fines for Students
Overdue books (per day)	$0.25
Overdue videos, DVDs, CDs (per day)	$1.00
Lost materials	$50.00
Parking
Decal fee for Residential Students	$50.00
Decal fee for Non-Residential Students	$25.00
Fine for Parking in unauthorized area	$15.00
Fine for no decal or improperly displayed decal	$15.00
Fine for parking on yellow line, on grass, or blocking roadway	$15.00
Fine for parking in restricted area	$15.00
Fine for exceeding time limit for parking	$10.00
Fine for parking on sidewalk	$10.00
Fine for parking in handicapped zone, blocking fire lane	$50.00
Late fee for not paying fines by due date	$10.00
Fine for other violations that impede traffic or pose safety hazards (detailed list available from the Office of Public Safety; may also incur towing expenses)	$15.00
Fine for removal of boot device (in addition to payment of all existing and previous fines for citations)	$25.00
Registration for Courses
Change of Class Schedule (after deadline)	$5.00
Change of Class Schedule (after deadline)	$5.00
Registration for Non-Degree Students:
Summer First Four-Week Term	$50.00
Summer Second Four-Week Term	$50.00
Fall or Spring Term	$100.00
Late Application Fees for Non-Degree Students:
Summer First Four-Week Term	$50.00
Summer Second Four-Week Term	$50.00
Fall or Spring Term	$50.00
Residence Responsibilities
Failure to clean room before leaving at the end of the term	$25.00
Charge per night for guest spending night in any residence hall	$12.00
Failure to leave room at the end of the term (per hour)	$10.00
Failure to process end-of-year clearance card	$20.00
Failure to complete check-out process	$25.00
Property Damage, plus cost of removing and storing items	Variable

Appeals of Account Charges

Students have the right to appeal any charges. Appeals concerning registration matters should be directed to the Director of Academic Services. Appeals for parking fines/citations go to the Parking Citation Appeals Committee (through the Department of Public Safety). All other appeals are directed to the Vice President for Labor and Student Life.

Student Health Services

Medical Authorization for Minors

Students who are younger than 18 years old at the beginning of their first term at Berea College must have consent for treatment signed by a parent or legal guardian before they can register for classes.

Services

Student Health Services (operated by White House Clinics through Berea Primary Care) is the health services provider for students. http://www.whitehouseclinics.com/index.htm

Student Health Services of Berea Primary care is operated by White House Clinics. There are 8 offices in the region and students may be seen at any location. Most students will find it most convenient to go to Berea Primary Care which is located in St. Joseph Berea Hospital through the main hospital entryway (not through the Emergency Room entrance).

Services provided by Student Health Services include:

acute care (sore throats, urinary tract infections, bronchitis, sexually transmitted diseases, etc.)
chronic care (diabetes, high blood pressure, etc.)
screenings/health maintenance (pap smears, sports and other physicals, health education, etc.)

Tetanus boosters, meningitis, hepatitis A & B, and various other immunizations necessary for travel to certain countries are provided by Student Health Services to patients at cost.

Allergy injections ordered by an allergist are administered to students during regular Student Health Services hours at no charge. Tuberculosis (TB) screening is also provided.

Students are entitled to unlimited visits at Student Health Services for no additional charge each term after the required health fee has been paid. Student’s dependents may utilize Student Health Services for an additional health fee (also must be paid each term.)

Student Health Services of White House Clinics has a strong network for specialty care, and provides referrals for various procedures, tests, specialists and sub-specialists that are not covered by the student health fee and may be charged to the student’s insurance including:

x-rays,
medically necessary diagnostic studies (MRI, CT Scan, etc.)
other tests as determined
specialty physicians as medically warranted

Counseling Services

Professional counseling and psychological services are provided by licensed therapists through Berea College Counseling for students who may wish to discuss academic, personal, psychological, or social problems. The services provided are confidential and free of charge to all students. Anyone seeking confidential counseling services should contact Counseling Services (ext. 3212) to arrange an initial intake interview. During the intake interview, a licensed therapist will assess the student’s needs to determine appropriate services. Individual, group, or couples counseling, further assessment, or a referral to another department or service may be recommended. Students wishing to talk with someone off-campus may contact Bluegrass Regional Comprehensive Care, Richmond, Kentucky, (859-623-9367) or a private therapist of their choice. However, students will be responsible for payment of any charges incurred when using off-campus resources. (Also see Management of Psychological and Behavioral Disturbances.)

Missed Counseling Appointment Charge Policy

Students who miss College scheduled appointments for psychiatric consultation without giving 24 hours prior notice will be assessed a $15 missed appointment fee that will be charged to the Student Account.

Student Health Services Appointments

For an appointment at Student Health Services call (859) 985-1415.

Prescriptions ordered for students may be filled at the student’s expense at any of the White House Clinics pharmacies, or at a pharmacy of the student’s choice.

Prescriptions are not covered by the College health-insurance policy.

Summer Services

Students who pay the summer health fee will receive the same medical services as provided during the school year.

Health Insurance Requirement

All students attending Berea College are required to carry health insurance. Students who have insurance through a group health plan of a parent(s) or under a parent's individual health insurance plan are not required to carry health insurance through the College if the student is under the age of 26. The College will continue to offer its student health insurance plan to international students and to students outside of Kentucky whose insurance coverage cannot be used outside of their state. See College Insurance Plan and Plan Year.

For students eligible for the College policy, the insurance premium is part of the Student Expense budget and reflected there as a fee. Students’ dependents may be added to the College plan at an additional premium.

Under the College policy, benefits and exclusions are explained in a brochure sent to each student along with an insurance card each term. This card must be presented when seeking medical care, other than at Student Health Services, such as at an emergency room or a specialist’s office. Students are responsible for submitting claim forms.

Hospitalization

Inpatient services, including some surgeries, are available at St. Joseph Berea Hospital. All costs of hospitalization, including specialists' fees, will be billed to the student's insurance. Any outstanding balance will be the student's responsibility.

After-Hours Care

When Student Health Services is closed, an on-call physician at St. Joseph Berea Hospital can be accessed by calling the hospital operator (859-986-3151) and asking for the physician on call for Berea Student Health Services or call Berea Primary Care at (859-985-1415) and select the after hours care prompt to be routed to St. Joseph Berea Hospital for a physician call back.

Student Health Services Hours of Operation:

Monday, 8:30-4:30

Tuesday, 8:30-7:00

Wednesday, 8:30-4:30

Thursday, 8:30-4:30

Friday, 8:30-4:30

On Saturdays, students can access White House Clinics Berea location, 8:00-noon, and the Richmond location from 8:00-5:00.

Emergencies

If a situation is deemed a health/illness emergency, care should be sought at the St. Joseph Berea Hospital Emergency Room. Emergency room expenses not covered by insurance are the student/patient’s responsibility.

Ambulance

If a student has an emergency while in Berea and is unable to get to the clinic or hospital, an ambulance should be called through 911. As soon as possible, Public Safety (ext. 3333) or a member of Residence Life staff should also be contacted to further assist as needed. The student is responsible for the ambulance charge.

Off-Campus Emergencies

When a health emergency arises during approved off-campus activities, the College designated person-in-charge shall confer with medical providers at the Student Health Services if at all possible. When the emergency is such that the student can safely be brought back to campus, s/he will be placed in the care of the medical staff at Student Health Services. When an emergency is such that the student cannot be brought back to campus safely, the student shall be cared for at the nearest appropriate facility.

Confidentiality

The relationship between physicians, other health-care providers, counselors and patients is always confidential. Patient records are confidential and all records are managed according to HIPAA, the Health Insurance Portability and Accountability Act guidelines. Patient information is not shared with other college personnel or parents without the informed, written consent of the student/patient except in cases of extreme urgency in which the life or safety of the patient or other persons is at risk.

At times, health providers may be required by law to report infectious diseases to public health officials. Patients will be informed when reporting of this information is mandatory.

Student Health Services complies with and abides by the provisions of HIPAA. Patient access to professional records also is subject to the Records Access and Protections provision in this publication.

Medical Absence Excuses

Student Health Services staff will not provide written absence excuses due to illness or office visits. Students who miss class or work for medical reasons should tell the instructor or supervisor in advance, if possible. Instructors or supervisors may request supporting information, as appropriate, in writing with the student’s signed authorization for release of medical information or confirmation.

Student International Travel Policy

Berea College enjoys its ability to provide some support for its students who study or serve in international locations. The College permits the use of funds for student international travel to support one trip of any kind (credit or noncredit) per student during the student’s years at the College. Proposals for travel will be evaluated in a competitive process and will be subject to available funds. No funding will be provided for independent studies, team-initiated studies, or internships in international settings. No institutional funding or fundraising will be provided for performance groups beyond that available through restricted endowed accounts held by academic departments.

Each student who plans to travel internationally as a student of Berea College (regardless of the type of international travel experience) must complete the “International Travel Form,” which students can obtain from the Center for International Education.

Effective Date: June 3, 2009

Approved by: Enrollment Policies Committee

Student Publications

Berea College acts as publisher of two official student publications—The Chimes yearbook and The Pinnacle student newspaper—funded by student fees and advertising revenue, and supported by the College through provision of office space, limited equipment, and other resources.

Editors and certain other staff positions are paid positions in the College’s Student Labor Program. Editors ordinarily serve for one year, though contracts may be renewed for a subsequent year. Student editors have responsibility for upholding publications policy established by the Student Life Council and for determining content of the publications. In carrying out their responsibilities, students should request advice and guidance from the Faculty Advisor, Staff Administrator, or the Student Life Council.

A Staff Administrator serves as the publications’ labor supervisor and monitors publications’ budgets.

A Faculty Advisor shall be approved by the Student Life Council for each publication. Faculty advisors serve for at least two, but not more than three, consecutive years.

The Student Life Council serves as the publication board to insure that each publication operates in the best interests of the College. The Council approves hiring and, if necessary, dismissing student editors. For The Pinnacle Online a Pinnacle Online Web Advisory Committee also represents the Student Life Council and reports to it upon request. The Committee is comprised of the student editor, the faculty and staff advisors, the College’s IMC Web Communications Manager, and an IS&S representative.

Revised and approved by the Student Life Council.

Fee reduction exception for The Chimes yearbook—Student couples (marriages where BOTH are Berea College students) may apply for removal of The Chimes yearbook fee for ONE of the partners. Qualified married students may apply for this reduction at the Student Service Center, first floor Lincoln Hall.

Student Right-to-Know and Campus Security Act

In compliance with the Student Right-to-Know and Campus Security Act, Public Law 101-542, information on completion and graduation rates is available upon request from the Office of Institutional Research and Assessment (CPO 2177, 310 Lincoln Hall, Berea, KY 40404; ext. x3790; online at www.berea.edu/ira). Information regarding campus crime is available upon request from the following offices and departments: Public Safety, Human Resources, Labor Program Office, Residential Life Collegium, and Admissions. (Also see Campus Safety and Security and Residence Hall Regulations and other safety-related policies and procedures.)

Withdrawals from the College

A student who intends to discontinue enrollment at Berea College first should discuss his or her plans with the Academic Advisor. If the student still wishes to withdraw, s/he should go to the Office of Academic Services (OAS) to begin the withdrawal process by obtaining a College Clearance Form and consulting with the Director of Academic Services. (See “Voluntary Withdrawal” under Types of Withdrawal for important advice.)

It is very important to notify the College of any change in enrollment status to ensure that records are current and all processes are completed correctly and in a timely fashion. Once the withdrawal process is completed, the student is expected to leave campus within 48 hours, unless special permission has been granted.

If a student has registered for courses in a current or future term, it is the student’s responsibility to inform the Registrar and Director of Student Accounts of any change in enrollment status as soon as possible. Otherwise, the student might be charged with a term of attendance and receive grades of “F” for courses from which the student has not withdrawn officially.

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