• Preamble
• Definitions
• Proscribed Conduct
• Sanctions
• Conduct Hearing Process and Hearing Board
   
  

I. PREAMBLE     

Wittenberg University is dedicated to personal and academic excellence. Choosing to join Wittenberg University’s community obligates each member to a code of civilized and ethical behavior. Each student of Wittenberg University is required to practice personal and academic integrity; respect the dignity of all persons; respect the rights and property of others; discourage bigotry; and demonstrate concern for others, their feelings, and their needs for conditions which support their work and development. Students are required to engage in responsible and ethical social conduct that reflects the principles of Wittenberg University and each student must refrain from and discourage behavior which threatens the freedom and respect that every individual deserves.

II. DEFINITIONS

A.     The term “institution” means Wittenberg University.

B.     The term “student” includes all persons taking courses at Wittenberg University either full-time or part-time, pursuing undergraduate, graduate or professional studies. Persons who withdraw after allegedly violating the Student Code of Conduct and Ethics, who are not officially enrolled for a particular term but who have a continuing relationship with Wittenberg University or who have been notified of their acceptance for admission are considered “students” as are persons who are living in Wittenberg University’s residence halls, although not enrolled in this institution. This Student Code of Conduct and Ethics applies to all locations of Wittenberg University.

 C.    The term “faculty member” means any person hired by Wittenberg University to conduct classroom or teaching activities or who is otherwise considered by Wittenberg University to be a member of its faculty.

 D.    The term “staff” includes any full-time and part-time employee of Wittenberg University who holds managerial, administrative, clerical, technical, skilled craft, service or other positions designated by Wittenberg University to be subject to these rules, policies, procedures and benefits.

 E.    The term “Wittenberg University official” includes any person employed by Wittenberg University performing assigned administrative or professional responsibilities.

 F.     The term “member of Wittenberg University’s community” includes any person who is a student, faculty member, Wittenberg University official or any other person employed or contracted by Wittenberg University. A person’s status in a particular situation shall be determined by the Associate Vice President for Human Resources or Vice President for Student Development.

 G.    The term “Wittenberg University’s premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by Wittenberg University.

 H.    The term “organization” means any number of persons who have complied with the formal requirements for Wittenberg University’s recognition or registration. This includes both registered student organizations and recognized or official organizations such as athletic teams.

 I.      The term “policy” means the written regulations of Wittenberg University as found in, but not limited to, the Student Code of Conduct and Ethics, Residence Life Handbook, Wittenberg University’s website, Computer Use Policy, and Graduate/Undergraduate Catalogs.

 J.     The term “cheating” includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems or carrying out other assignments; (3) acquisition, without permission, of tests of other academic material belonging to a member of Wittenberg University’s faculty, students  or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

 K.    The term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

 L.     The term “complainant” means any member of the Wittenberg community who reports or files a misconduct complaint including complaints of sexual harassment or misconduct.

 M.    The term “respondent” means a person named as an offender in a complaint.

 N.    The term “facilitator” means a person who facilitates resolution of a complaint under the Formal Assisted Resolution Process outlined in the Policies and Procedures Concerning Sexual Harassment and Misconduct.

 O.    The term “investigative officer” means the university official responsible for obtaining all of the facts of the case and for presenting the Hearing Panel a written report.

 P.     The term “adviser”  means any member of Wittenberg’s faculty, staff, or student body who agrees to serve as an adviser to the respondent or the complainant (except the university as complainant)  in a hearing before the Student Conduct Hearing Board, a formal administrative hearing before the Dean of Students or designee, in a Sexual Grievance Board process. The advisers can provide information about the hearing board process and offer assistance as to help prepare a complainant or respondent to testify, question, rebut and make closings statements. The advisers do not prepare statements, question witnesses, or provide testimony during the hearing. The advisers are not counselors or legal advisers. They can help guide each party in his or her thought process, ask clarifying questions and offer advice regarding the presentation of information, not to present or advocate the case. Each party is responsible for establishing the validity of a complaint or presenting a defense.

 Q.    The term “Intake Officer” for sexual harassment or sexual misconduct cases refers to a university official who helps the complainant prepare a written complaint. The officer may also be assigned to facilitate the Assisted Resolution process.

 R.    The term “Informal resolution” applies to harassment, sexual harassment and sexual misconduct cases and means that any student who believes he or she has been subjected to harassment may try to resolve the matter informally. The goal of an informal resolution is to stop any harassment that has occurred or is occurring without pursuing a fact-finding process or seeking sanctions. This can be done directly or with the assistance of a university official.

 S.    In Sexual Harassment and Sexual Misconduct cases, the term “formal complaint procedures” refers to two mechanisms, assisted resolution and adjudication. 

 T.     The term “assisted resolution” means a Wittenberg faculty or staff member is appointed as a facilitator to help the complainant and respondent reach a mutually satisfactory resolution. The facilitator does not make a determination about whether the university’s policy has been violated.

 U.    The term “adjudication” means that the case will be presented before the Student Conduct Hearing Board, Sexual Complaint Grievance Board, or an administrative hearing panel to determine if the respondent has violated the institution's policies.

 V.     The term “Office of Record” refers to Student Development excluding violations of policies concerning sexual harassment and misconduct of which the Department of Human Resources serves as the office of record.

W.     The term “days” refers to all days that are considered working days.

III. PROSCRIBED CONDUCT

 
A.        JURISDICTION OF THE STUDENT CODE OF CONDUCT AND ETHICS

Wittenberg University’s Code of Conduct and Ethics shall apply to conduct that occurs on Wittenberg University’s premises, at Wittenberg University’s sponsored activities, and to off-campus conduct that adversely affects Wittenberg University’s Community and/or pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student’s conduct even if the student withdraws from the school while a disciplinary matter is pending. The Vice President for Enrollment Management and Dean of Students shall decide whether the Student Code shall be applied to conduct occurring off-campus, on a case by case basis. 

Confidentiality

The university aspires to treat inquiries and complaints about student misconduct with discretion. Although the university gives no assurance of confidentiality to any party or witness who participates in any proceeding under this policy, it is committed to informing only those who need to be involved with a complaint. If a person wishes to ensure that a discussion about student violations of university policies remains confidential and, in the case of sexual harassment that no action is taken, it is essential that the person making the inquiry not disclose information sufficient to identify the accused. This is necessary because, in the case of sexual harassment, the university may be legally obligated to investigate, even without the inquirer’s consent, once it is informed that harassment may be occurring. The university counselor or campus pastors are able to maintain the client privilege of confidentiality to the extent that the law permits.

Question of Legal Counsel

The University proceedings are not a court of law, and licensed attorneys are not permitted to be present in any fact finding or appeals hearings. Nevertheless, any person involved in any proceeding under this policy and procedure may be assisted by legal counsel chosen by that person. Any expense associated with retaining legal counsel in internal proceedings under this policy and procedure will be the responsibility of the person engaging such counsel. The board of directors of the university has determined that the university will not pay the expense of legal counsel in internal proceedings.

Under the university's indemnification policy, adopted by its board of directors, the university may provide coverage under various indemnification and/or insurance policies for external proceedings, and the board of directors decides such cases on an individual basis.

Retention and Disposal of Records

Any disciplinary report or complaint will be placed in the respondent student’s disciplinary file.

University policy requires that records be kept indefinitely.

The maintenance and release of a student’s educational records is governed by The Family Education Rights and Privacy Act (FERPA), enacted in 1974. The act protects the privacy of students’ educational records. FERPA regulations apply to all educational institutions receiving federal funds.

B.        RULES AND EXPECTATIONS

 Any student found to have committed or to have attempted to commit the following misconduct is subject to disciplinary action, up to and including suspension and expulsion as outlined in Section IV.-Sanctions:

1. Violation of any federal, state, and local laws or ordinances.
2. Disruption or obstruction, or attempting to disrupt or obstruct any lawful activity of Wittenberg University.
3. Violation of the Academic Dishonesty Policy, including cheating, forgery, bribery/threats, fabrication, plagiarism, and/or facilitating academic dishonesty.
4. Non-academic dishonesty, including but not limited to lying, falsifying information, forgery, furnishing false information to any Wittenberg University official, faculty member, or office, withholding information or misrepresentation in any transaction with Wittenberg University or any other entity with whom Wittenberg University is acting, and alterations or intentional misuse of Wittenberg University’s documents, records or identification, including but not limited to, electronic software, data, and records.
5. Obstruction or disruption of teaching, research, administration, disciplinary proceedings, other Wittenberg University activities, including its public services functions on or off Wittenberg University’s premises, or of other authorized activities.
6. Threats, intimidation, verbal abuse, physical contact, physical abuse, harassment, acts of retaliation in any form, coercion, bullying, and any other conduct which threatens, disgraces, degrades, or endangers any person.
7. Attempted or actual theft, unauthorized possession, and/or damage to property of Wittenberg University, any person, or any other entity.
8. Unauthorized or improper use of, or entry to, Wittenberg University’s facilities or premises.
9. Conduct which is disorderly, inconsiderate, lewd, indecent, or constitutes a breach of peace or causes material inconvenience, annoyance or alarm. Disorderly conduct includes, but is not limited to, any unauthorized use of electronic or other devices to make an audio or video record of any person while on Wittenberg University’s premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress.
10. Violations of Wittenberg University’s Policy on Dissent and Disorder. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of Wittenberg University and/or infringes on the rights of other members of Wittenberg University’s community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
11. Violations of the Wittenberg University’s Racist and Other Discriminatory Conduct Policy. Discrimination, including harassment, against another community member, including but not limited to students, faculty, staff, administrators, and independent contractors, on political grounds, or for reasons of race, religion, sex, age, disability, and any other basis prohibited by state, federal, and/or local law, or for other arbitrary or personal reasons.  Where actions are found to have occurred that violate this standard, Wittenberg University will take prompt action to cease the offending conduct, prevent its recurrence and discipline those responsible.
12. Harassment of any person, including, but not limited to, violation of the Policies and Procedures Concerning Sexual Harassment and Misconduct.
13. Smoking in unauthorized areas. Violation of the Smoking Policy.
14. Initiating, causing, contributing, or knowingly reporting false alarms to Wittenberg University and/or law enforcement. Tampering with safety or fire equipment or engaging in behavior that presents a fire hazard. See False Alarms Policy.
15. Failure to comply with the directions of Wittenberg University officials or agents, including law enforcement or security officers, acting in good faith and in the performance of their duties, including the failure to identify oneself to one of these persons when requested to do so.
16. Interfering with any Wittenberg University disciplinary process, including but not limited to tampering with evidence, providing false information, filing false reports, withholding information, or inducing a witness to engage in such conduct.
17. Gambling as prohibited by law.
18. Use, possession, manufacturing, distribution, or sale of illegal drugs and/or drug paraphernalia. Illegal drugs, as referred to in this policy, include drugs that are not legally obtainable, as well as drugs that are legally obtainable but used for illegal or unauthorized purposes. Violations of the University Drug Policy.
19. Violation of safety rules and policies.
20. Use, possession, manufacturing, or distribution of alcoholic beverages (except where expressly permitted by Wittenberg University’s regulations), or public intoxication. Alcoholic beverages may not, in any circumstances, be used by, possessed by or distributed to any person under twenty-one (21) years of age. Violation of the University Alcohol Policy. Violation of the Programming with Alcohol Policy for Student Organizations.
21. Possession or use on Wittenberg University’s premises of any weapon (i.e. firearms, bows and arrows, other projectile firing devices and dangerous knives), dangerous instruments, explosive devices, fireworks, or dangerous chemicals. Violations of the University Firearms Policy.
22. Engaging in, supporting, or promoting hazing or violating Wittenberg University’s Policies on Hazing or the State of Ohio’s Hazing laws as set forth in sections 2307.44 and 2903.31 of the Ohio Revised Code. Hazing is defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this policy.
23. Unauthorized possession, duplication, or use of identification cards and/or keys of any Wittenberg University premises or unauthorized entry to or use of Wittenberg University’s premises.
24. Theft, abuse, and/or misuse of computer facilities and resources, including but not limited to:
    • Unauthorized entry into a file, to use, read, or change contents, or for any other purpose.
    • Unauthorized transfer of a file          
    • Use of another individual’s identification and/or password.
    • Use of computing facilities and resources to interfere with the work of another student, faculty member or Wittenberg University official.
    • Use of computing facilities and resources to send obscene or abusive messages.
    • Use of computing facilities and resources to interfere with normal operation of Wittenberg University’s computing system.
    • Use of computing facilities and resources in violation of copyright laws.
    • Any violation of Wittenberg University’s Computer Use Policy.
25. Unauthorized use of Wittenberg University’s name, logo, or symbols.
26. Violations of other published university policies in hard copy or available on Wittenberg University’s website, including but not limited to, Wittenberg University’s Academic Catalog, policies relating to discrimination, discriminatory harassment, sexual harassment, computer use and residence life.
27. Violation of the terms of any disciplinary sanction imposed for an earlier violation of the Student Code of Conduct and Ethics or other Wittenberg University policies and regulations.
28. Aiding and abetting others to commit any of the acts prohibited therein.
29. Failure or refusal to cooperate in to interference with an investigation by Wittenberg University, including any hearings or proceedings that occur.
30. Violation of the University Commercial Solicitation Policy or violations of the Policy Regarding the Distribution of Political and Other Non-Wittenberg Printed Material. No individual student or student organization, whether affiliated with Wittenberg University or not, may sponsor activities on campus that have the express purpose of making converts of members of Wittenberg University’s community to join a particular faith, church or religious affiliation. Wittenberg University reserves the right to restrict or prohibit the on-campus activities of any individual or organization whose purposes are contrary to Wittenberg University’s stated religious values or purposes. This policy does not discourage discussions between Wittenberg University community members of the same faith, or appropriate teaching and educational efforts about religious beliefs and organizations. In addition, the posting of written notices on Wittenberg University’s bulletin boards is restricted. If you have a message of interest to Wittenberg University, you must first submit it to the Dean of Students for approval and posting.

C.        POLICIES

Academic Integrity Policy

Refer to the Student Handbook for the complete policy.

Policy on Dissent and Disorder

Wittenberg University has established free and open channels of communication; every member of the Wittenberg community can express concern with the expectation that they are to be brought to the attention of the proper authorities or to a broad segment of the University community. If an individual or the members of a group should find the existing channels inadequate, the University supports their right to call immediate attention to their ideas by petition, public protest, or any innovative means so long as the means employed do not infringe upon established rights of others and do not violate local, state, or federal laws.

Whenever dissenting individuals or groups of individuals challenge the established community, two fundamental values must be preserved:

• the freedom to criticize, to protest, or to organize for the purpose of changing the community
• the right to enjoy the privileges and immunities of an order which protects the rights and freedoms of all and insures the peace and security of the community

When, in the opinion of the Dean of Students or representative, a disturbance threatens to disrupt campus life, they must take immediate steps:

• to offer to establish within a stated length of time special channels of communication with spokespersons of the disturbing group, and
• to request immediate cessation of the disturbance so that discussion may be carried out under suitable conditions

If order is not restored after these steps have been taken, then the disturbance may be regarded as a disruption. Should a serious disorder occur, it is the immediate responsibility of the Dean of Students, acting in consultation with the President and the Provost, to determine that a disruption does in fact exist, to take initial steps as outlined above, and to call upon such agencies and authorities as deemed necessary to restore order.

Once order has been restored, and if the disorder has been declared a disruption, the University then acts as follows: The Dean of Students, believing there is a need for judicial action, refers the case to the Student Conduct Hearing Board which then, with the aid of such additional parties as it deems appropriate, determines what action to be taken. The Dean of Students presents the case before the Student Conduct Hearing Board and does not vote.

In the event that an individual charged with creating a disruption wishes to challenge the decision of the Student Conduct Haring Board, they may file an appeal with the Student Appellate Board. The faculty acts as the court of final appeal.

Racist and Other Discriminatory Conduct Policy

Policy Statement

Wittenberg University, as a church-related school in partnership with its supporting synods and the Evangelical Lutheran Church in America, respects and defends the church’s position that the practice of using harassing conduct based upon the gender, race, religion, color, creed, disability, sexual orientation, national origin, veteran status, ancestry, or age of a person or persons as a means of discrimination is destructive of God’s good gift of personhood. In the Christian perspective, any form of harassment is a means of exploitation that dehumanizes the individuals involved. Harassment is a form of conduct which undermines the integrity of the student/student, student/faculty, student/staff, and student/employer relationships. Retaliation by anyone for filing a complaint of sexist, racist, or other discriminatory conduct is also considered to be harassment and, thus, a form of discrimination.

It is the policy and intent of Wittenberg University that all students, faculty, staff, officials, and guests be free from all types of discrimination. Therefore, Wittenberg University does not tolerate sexist, racist, and other discriminatory conduct by or towards students, faculty, staff, officials and guests. Discriminatory behavior and expressions that reflect discrimination are inconsistent with Wittenberg University’s efforts to foster an environment of respect for all members of the University community and to eliminate all manifestations of discrimination within the University. Such behavior is dealt with according to established University disciplinary procedures.

A copy of this policy and the procedures for implementing it is distributed annually to all Wittenberg University students, faculty, and staff by publication in the student handbook, faculty handbook, and staff employee handbook. In addition, educational programs are conducted regularly to sensitize members of the University community to the issues covered by this policy.

Racial Discrimination

Discrimination on the basis of race is prohibited by law. Racial harassment is a type of discrimination and is defined at Wittenberg as “any behavior which intentionally threatens, seriously embarrasses, or harasses a person or persons on the basis of race and:

• submission to such conduct is made (either explicitly or implicitly) a term or condition of an individual’s employment or educational program,
• submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual, or
• 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 work or educational environment.”

Racial discrimination also is understood to include a wide range of other behaviors. It refers to behavior which is not welcome, which is particularly offensive, which debilitates morale, and which therefore interferes with the work or academic effectiveness of its victims, their co-workers, and their peers. This definition does not impinge on standards of mature responsible behavior, academic freedom, or freedom of expression.

Specific examples include, but are not limited to:

• Racial-oriented teasing or abuse, both verbal and written
• Disparaging racial remarks about one’s gender or anatomy
• Racial-stereotyping jokes, references, examples, or depictions
• Sounds or expressions which are racially offensive
• Unwelcome pressure, subtle or overt, for membership in racially discriminatory organizations

Complaints of racial discrimination are processed through the established University disciplinary process.

 

Policies and Procedures Concerning Sexual Harassment and Misconduct

Refer to the Student Handbook for the complete policy.

Smoking Policy

Wittenberg has a long-standing smoking policy designed to provide as close to a smoke-free environment as is practicable.  Our current policy prohibits smoking in all campus buildings. In compliance with the state-wide smoking ban, the University prohibits smoking in areas immediately adjacent to all University buildings.  This means that smoking will be prohibited near entrances, exits, windows that open, and ventilation intakes that serve an enclosed area.  So, for example, smoking is no longer permitted in the alcove between Recitation Hall and the Annex, the front patios of buildings, the entrances to Hollenbeck or any other academic building, the back stairs of Carnegie, the loading dock at the Student Center or the entrances to residence halls.

1. The law does not define where smokers can smoke in public places or in places of employment. In other words, State law does not define how far away from a building a person must be in order to smoke. The intent of the law is to protect the citizens, including employees, from the risks of second-hand smoke. Some states have determine that an areas twenty-five feet from the area where smoking is prohibited is a reasonable minimum distance but, unit the State of Ohio issues further guidance on the enforcement of this law, we can only use the twenty-five feet distances as a guide.
2. As is our current practice, the success of the University’s smoking prohibition policy depends upon the thoughtfulness, consideration and cooperation of smokers and non-smokers. All of us share the responsibility for adhering to and enforcing this policy.  Smokers have the added responsibility of disposing of their cigarette butts without littering the campus or using trash receptacles because of the potential to start a fire. Should you have a concern about the enforcement of this policy, your concern should be addressed directly to the person violating the policy or, if you are uncomfortable doing that, you should bring your concern to the attention of your Area Coordinator, the Associate Dean for Residence Life or the Associated Vice President for Human Resources.

False Alarms Policy

Students are advised that Ohio law imposes the following penalties for false alarms made by persons 18 years of age or over: Section 2917.32A—Whoever violates this section shall be charged by the Springfield City Fire Marshall or by a law enforcement officer with a misdemeanor of the first degree carrying a penalty of imprisoned up to six months and a maximum fine of $1,000 for the first offense. A violation of inducing panic: Section 2917.31 may also be imposed, which would be an additional first degree misdemeanor charge.

The setting off of a false fire alarm jeopardizes the safety and welfare of students and other members of Wittenberg University as well as members of the Springfield community. Therefore, any student found to be in violation of this policy is subject to suspension from Wittenberg University.

Alcohol and Other Drugs

Wittenberg recognizes drug/alcohol dependency as an illness and a major health problem. The university also recognizes drug abuse as a potential health, safety, and security problem. Students needing help in dealing with such problems are encouraged to contact one of the resources listed under Alcohol and Drug Resources.

The illegal and/or irresponsible use of alcohol or drugs (including the abuse of prescription drugs) will not be tolerated and may subject involved students to dismissal and referred for prosecution. This policy is mandated by the Drug-Free and School and Communities Act of 1989.

Drug Policy

The Policy Prohibits the Following:

• The illicit selling, cultivating, manufacturing, or otherwise trafficking in controlled substances
• Knowingly or recklessly administering a controlled substance to any person by force, threat, or deception with the intent to cause serious harm
• Knowingly obtaining, possessing, or using a controlled substance and permitting drug abuse on one’s premises or in one’s vehicle
• Obtaining, possessing, or using hypodermics for unlawful administration of drugs
• The sale to juveniles of paraphernalia for use with marijuana

Alcohol Policy

Wittenberg University students and guests are expected to (1) adhere to state and local laws regarding the possession, consumption and distribution of alcoholic beverages, and (2) to adhere to university’s restrictions and prohibitions governing the use and consumption of alcoholic beverages 

1. Law:  Any alcohol related violation of the Ohio Revised Code including, but not limited to:
   • Use and/or possession of alcohol under the age of 21.
   • Distribution of alcohol to any person under the age of 21.
   • Possessing an open container in a public place including a motor vehicle, parked or moving.
   • Using false identification to obtain alcoholic beverages.
   • OVI- Operating a Vehicle while impaired or under the influence of alcohol.
2. Abuse/Misuse:  Consumption of alcohol that clearly impairs a student’s personal health and/or safety, regardless of age. 
3. Disorderly Conduct:  Any conduct occurring when a student is under the influence of alcohol that violates the rights of others, or leads to disorderly and/or dangerous behavior. 
4. Public Intoxication:  Public intoxication and/or drinking in public. 
5. Common Source/Keg:  Distribution of any alcoholic beverage from a common source (i.e. mixed drinks or punchbowls, beer balls, etc.) and/or keg. 
6. Mass Consumption:  Participation in activities and/or drinking games (i.e. beer pong, flip-cup, card games) that promote mass consumption of alcoholic beverages. 
7. Devices:  Use and/or possession of mass consumption instruments (i.e. beer bongs, funnels, etc.). 
8. Containers:  Promoting a culture of alcohol by displaying empty containers or packaging in underage residence halls. 

University regulations governing the use, possession, and consumption of alcoholic beverages by students and student organizations on University property or affiliated premises.

1. Students may not possess or consume alcoholic beverages in any academic building.
2. Students may not possess or consume alcoholic beverages at any athletic event, including intercollegiate, club, or intramural practices or contests.
3. University-Owned and Non-Owned Rental Properties
   • Social gatherings are to be held inside the house or apartment.
   • Social gatherings that spill out onto the porch or lawn may be broken up if there is reason to believe that the hosts are unable or unwilling to maintain control.
4. Fraternity and Sorority Facilities
   • Each Greek chapter is responsible for adhering to state and local laws, their national guidelines, as well as standards of the University governing the possession and consumption of alcoholic beverages.
   • With the above provisions in mind, the possession and consumption of alcoholic beverages within each Greek chapter facility by its own membership (actives, pledges, and associates only) is the responsibility of the chapter. 
   • The use of alcoholic beverages for rush and pledge activities is prohibited.
5. Residence Halls---Student Rooms
   • Students who are of legal age may consume alcohol in their room with the doors closed.
   • Underage students may not be present in rooms where alcohol is available or being consumed.
   • Open containers, carriers, or cups of alcoholic beverages are not permitted in any lounge, hallway, restroom, or other public area of a residence hall.
6. Student Organizations must abide by the Programming with Alcohol Policy for any events in which alcohol is present.
7. Clean up and Damage - Clean up should be completed immediately following a social event by the sponsoring individual or group.  Failure to immediately clean the premises may result in both a fine and the costs of cleaning being levied on the sponsoring individual or group.
8. Open Containers - Consuming or possessing alcohol in an open container in any University district location is not permitted and will subject the violator(s) to disciplinary action.

The university will provide opportunities for education on the responsible use of alcohol. The university will also sponsor and/or support opportunities that provide alcohol free alternatives for students who are underage and students who prefer alcohol free.

Responsibility

Students are held responsible for their behavior when under the influence of alcohol in the same manner in which they are held responsible for their behavior when not under the influence of alcohol.

Federal, State, and Local Penalties

Ohio law prohibits illicit selling, cultivating, manufacturing, or otherwise trafficking in controlled substances, including cocaine, heroin, amphetamines, and marijuana, knowingly or recklessly furnishing them to a minor, and administering them to any person by force, threat, or deception with the intent to cause serious harm. These offenses are felonies. The law also prohibits knowingly obtaining, possessing, or using a controlled substance and permitting drug abuse on one’s premises or in one’s vehicle. These offenses may be either felonies or misdemeanors. The law further prohibits obtaining, possessing, or using hypodermics for unlawful administration of drugs and the sale to juveniles of paraphernalia for use with marijuana. These offenses are misdemeanors.

Ohio law provides for mandatory fines, which must be at least $500, and possible imprisonment of any person who sells or furnishes beer or intoxicating liquor to an underage person or who buys beer or liquor for an underage person in violation of the law. Persons found knowingly to allow underage persons to possess and/or consume alcoholic beverages on their premises are guilty of a misdemeanor.

A felony conviction may lead to imprisonment or both imprisonment and fine. The maximum prison term is 25 years. A misdemeanor conviction may lead to imprisonment for up to six months and/or a fine up to $1,000.

With regard to beer and intoxicating liquor, Ohio law provides that a person under 21 years of age who orders, pays for, attempts to purchase, possesses, or consumes beer or liquor, or furnishes false information to effect a purchase, commits a misdemeanor. Ohio law prohibits the possession of beer or liquor which was not lawfully purchased, and a court may order that any place where beer or liquor is unlawfully sold not be occupied for one year, or that the owner or occupant of the premises be required to furnish a surety bond of $1,000 to $5,000. Ohio law requires the mandatory suspension of an individual’s license from six months to five years for violation of the Controlled Substance Act.

Federal law forbids the illegal possession of and trafficking in controlled substances. A person convicted for the first time of possessing a controlled substance, other than crack cocaine, may be sentenced to up to one year in prison and fined between $1,000 and $100,000. A second conviction carries a prison term of up to two years and a fine of up to $250,000. Subsequent convictions carry prison terms of up to three years and fines of up to $250,000. Imprisonment for 5-20 years and fines of up to $250,000 apply to persons possessing more than five grams of crack cocaine on the first conviction, three grams on the second, and one gram on subsequent convictions. In addition to the above sanctions, a person convicted of possessing a controlled substance may be punished for forfeiture of property used to possess or facilitate possession, if the offense is punishable by more than one year in prison, forfeiture of any conveyance used to transport or conceal a controlled substance, denial of federal benefits, such as student loans, for up to five years, ineligibility to receive or purchase a firearm, and a civil penalty of up to $10,000.

Health Risks

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low-to-moderate doses of alcohol also increase the incidence of a variety of aggressive acts including spouse and child abuse. Moderate-to-high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk of becoming alcoholics than are other youngsters.

• Alcohol - Addiction, brain damage, cancer (mouth, stomach, throat), heart disease, liver damage, ulcers, gastritis, birth defects, malnutrition, loss of coordination and speech,
• Marijuana - Addiction (psychological), distortion of time perception, increased heart rate, bronchitis, lung cancer, infertility.
• Cocaine/Crack - Addiction, nasal erosion, elevated blood pressure and heart rate, hyperactivity, pupil dilation, respiratory arrest, stroke, convulsions, seizures, malnutrition, death.
• Stimulants (caffeine, speed, amphetamines) - Addiction, elevated blood pressure and heart rate, insomnia, malnutrition, acute psychosis, nausea, liver damage, headache, sweating coma, possible death.
• Depressants (Quaaludes, barbiturates, tranquilizers) - Addiction, depression of central nervous system, decreased coordination and motor skills, liver damage, malnutrition, irritability, sleep, confusion, convulsions, possible death.
• Narcotics (opium, heroin, codeine) - Addiction, shallow breathing, nausea, panic, insomnia, malnutrition, constipation, respiratory arrest, possible death.
• Hallucinogens (PCP, LSD, acid) - Addiction, mental depression, bizarre behavior, severe disorientation, memory and perception impairment, impairment of judgment and motor function, violence, hallucinations, psychosis, convulsions, agitation, increased heart rate, confusion, possible death.
• Inhalants (white-out, glue, gasoline) - Addiction, depression of respiration, nausea, light-headedness, nasal erosion, fatigue, forgetfulness, depression, kidney and liver damage, malnutrition, heart failure, violence, suffocation, possible death.

Alcohol and Drug Resources

Wittenberg Health and Counseling Center               327-7811

            001 Shouvlin Center, Campus Consultation, counseling, education, and referral

McKinley Hall                                                           328-5300

            1101 E. High Street, Springfield, Ohio

            Evaluation, assessment, individual and group counseling

Mercy Reach                                                             390-5338

            30 W. McCreight, MercyCrest Suite #204, Springfield, Ohio

            Evaluation, assessment, individual and group counseling

More resources are available upon request. Please contact the Office of Student Development at 937-327-7800.

Programming with Alcohol Policy for Student Groups

Philosophy

Wittenberg University’s Student Code of Conduct and Ethics affords student groups the privilege of hosting events with alcohol. The presence of alcohol at any type of event increases the risk for those involved with planning, maintenance, and implementation. The purpose of this policy is to assist student groups to plan and implement events with alcohol while understanding liability and risk reduction techniques. It is the responsibility of the student group and all of its members to be familiar with this policy. Students are expected to know and abide by all applicable state and federal laws along with University policies and procedures. Additionally, students are responsible for their own behavior, utilizing effective risk management practices, and creating a safe environment for all attendees.

The sponsoring group(s) will be accountable for any and all violations. Student groups need to be aware that knowingly or recklessly violating a published University policy, rule or regulation or participating in conduct which one should reasonably know to be a violation of a published university policy, rule or regulation, is a violation of the Student Code of Conduct and Ethics. Sanctions for violating this policy may include, but are not limited to, loss of funding, loss of student organization privileges, referral to the Office of the Dean of Students, the Office of Campus Police and Security, referral to any and all relevant affiliated national organizations, or off-campus criminal prosecution. The University places its highest priority on enforcing alcohol violations that are repeated, disruptive, dangerous and/or flagrant.

For fraternities and sororities, this policy does not supersede the risk management policies of each respective inter/national organization. It is the responsibility of each chapter to carefully review their inter/national risk management policy and the policy(s) of co-host(s) before each event. As a rule of thumb, organizations should follow whichever policy is stricter.

 Policy

I.                    Eligibility, Registration, and Approval

a.    Any student organization wishing to include alcohol as part of an event must be officially recognized through the Office of Student Involvement. Two members of the group must attend one session of the Programming with Alcohol workshop which is offered by the Office of Student Involvement twice a semester. These members are required to be present at any event in which alcohol is present. Each student organization must have a minimum of two members authorized in the current semester to be eligible to host events with alcohol.

                                   i.      It is strongly encouraged that any member who will be at least 21 years old during the semester attend the workshop so he/she can serve as a liaison during any events planned that semester.

b.    A request (Programming with Alcohol Registration Form) to include alcohol in any sponsored event must be received by the Office of Student Involvement no later than 4 p.m. the Tuesday prior to the event.

c.    A Risk Management Conference with the Director of Fraternity and Sorority Life, Director of Student Activities, or designee must occur no later than noon on Thursday prior to the event. Failure to meet this deadline will result in an automatic denial of the request.

A representative from each student organization involved with the event must be in attendance at this conference. The purpose of the meeting is to ensure that the group is in compliance with this policy. Approval will be granted, provided the event abides by all University and related organization policies and procedures. A complete list of all guests invited must be turned in by this time. (See Guest List Guidelines)

d.    Risk Management Conferences will be scheduled based on the availability of the designated University official. To ensure adequate time to schedule a conference, it is recommended that student organizations submit the registration form and schedule the Risk Management Conference as early as possible. Submission of the registration form does not guarantee that a Risk Management Conference can be scheduled to accommodate all schedules. The Office of Student Involvement will work to accommodate student organizations to the best of their ability.

 

II.                 Regulations

a.    For a social event to be approved, the host (and all co-hosts) must demonstrate an understanding of regulations described below and a commitment to fully comply with each of the regulations.

b.    Social events scheduled off-campus (BYOB or any third-party vendor) will only be considered for approval when occurring on Friday or Saturday nights.  Events scheduled on any other night will not be approved.

                                   i.      However, any events held on-campus in Founders and/or Doppelgangers on nights other than Wednesday, Friday, and Saturday will be considered for approval. See information in Article II, Section Ci.

c.    Location – This alcohol policy is applicable when a student group is sponsoring an event either on or off campus. Not all reservable spaces on campus will permit the inclusion of alcohol in programming. Regardless of on or off campus location, when alcohol is present, the space must be closed or roped off (also necessary for outdoor locations) to ensure proper and legal checking of identification. A closed or roped off space also helps ensure safety and manage attendance. This policy applies to student group sponsored events, both open and closed, in Founders. Events on or off campus will be confined to the designated location.

                                   i.      Founders and/or Doppelgangers will not be closed for any organization-sponsored events on Wednesday, Friday, or Saturday nights. 

                                   ii.      If an event is held in Founders and approved by the Office of Student Involvement, all other stipulations of this policy will be enforced. Given certain event parameters, the Office of Student Involvement MAY allow the sponsoring organization to forego a guest list.  If the organization’s risk management policy (or that of an affiliated national organization) still requires a guest list, the Office of Student Involvement will also require such.

                                 iii.      The Office of Student Involvement will assist with logistical arrangements and marketing for events in Founders that are hosted by student organizations.

d.    Focus and Publicity – Alcohol may not be the main focus of an event. Each event must have a theme. Alcohol may not be mentioned on publicity for the event. All events are subject to the University Posting Policy.

e.    Time Restrictions - Event beginning and ending times will be strictly observed. Social events at which alcohol is consumed, possessed, or served may take place only between the hours of 6 p.m. to 2 a.m. Additionally, they may not exceed four (4) hours in length. No organization may register more than one event on any given day.

f.     Event will be closed. Only guests whose names appear on the official guest list will be permitted to attend. This includes BOTH members and non-members. Sponsoring organizations are responsible for the conduct of their members and guests. However, this does not preclude individuals from referral to the Dean of Students for Student Code of Conduct and Ethics violations.

                            i.      Admittance to the event will occur through ONE entrance only. Measures must be taken to secure alternative entrances in order to monitor admittance to the event.

                           ii.      Guest IDs will be checked at the door. All guests must show a valid picture ID and have their name on the official guest list to gain admittance to the event.

                           iii.     Those guests who are 21 years of age or older will be designated as such. Wrist bands or hand stamps must be used to designate those guests who are of legal drinking age. Age verification must occur at the event entrance for all guests.

                           iv.     Guests who are visibly intoxicated will not be permitted to enter or re-enter the event. It is the responsibility of the host organization(s) to ensure that intoxicated members and guests are not permitted to enter and re-enter the event.  

g.    Food and non-alcoholic beverages will be provided in appropriate amounts, in clearly visible and easily accessible locations for the duration of alcohol service.

h.    When live entertainment (i.e. a band) has been scheduled, immediate neighbors will be notified prior to the event (if applicable).

i.     Alcohol – All events must be held with a Third Party Vendor or follow BYOB (Bring Your Own Beverage) Guidelines. No alcoholic beverages will be served by the host(s) and no alcohol will be purchased with organization funds (this includes any type of effort to “pass the hat” or collect funds for an event).

                             i.     Third Party Vendor Guidelines:

1.    Must be properly licensed by the appropriate local and state authority.

2.    Must be properly insured with a minimum of $1,000,0000 of general liability insurance, evidenced by a properly completed certificate of insurance prepared by the insurance provider.

3.    Agree in writing to cash sales only (individual, drink-by-drink), collected by the vendor, during the function.

4.    Agree in writing to all the responsibilities that any other purveyor of alcoholic beverages would assume in the normal course of business, including but not limited to:

a.       Checking identification cards upon entry;

b.       Not serving minors (ideally the TPV will check IDs when serving each drink);

c.       Not serving individuals who appear to be intoxicated;

d.       Maintaining absolute control of ALL alcoholic containers present;

e.       Collecting all remaining alcohol at the end of the function (no excess alcohol, opened or unopened, is to be given, sold, or furnished to the organization);

f.        Removing alcohol from the premises.

5.    Agree in writing that the vendor will not provide any drink specials specific to the event attendees, require any drink sale minimums, or otherwise co-sponsor as a distributor with the organization. Co-sponsorship with a distributor encourages binge consumption and will not be permitted.

6.    All on-campus events must follow third party vendor guidelines (BYOB is not permitted); the only permissible third party vendor is Sodexo.

ii.         BYOB Guidelines:

1.    The amount of alcoholic beverage an of-age person may bring to a BYOB event is six 12 oz. cans of beer or malt beverage. No beverage in a glass bottle is permitted. No open containers of any kind are permitted. No hard liquor is permitted.

2.    All beverages at BYOB events must be dispensed by one or more individuals that have participated in the Programming with Alcohol workshop, agree to be and remain sober for the duration of alcohol service, and are at least 21 years of age.

3.    A central point of distribution of alcohol must be roped off to allow for proper identification. The line must start in a well lit area and a single file entrance must be created. Of-age members and guests must be identified separately than those not of legal age (i.e. over 21 receives wristband; under 21 receives handstamp).

4.    A check-in/distribution system must be in place for all alcoholic beverages (i.e. ticket or punch card system). Guests may drink only the alcohol they brought to the party. When a guest wants his/her beverage, he/she may not receive more than 1 beverage at any given time.

5.    Any remaining beverage will be disposed of when a person leaves the event. A person may not leave the event with any alcohol. All unused alcohol must be thrown out at the end of the party.

6.    No person may bring alcoholic beverages more than once to the same event. Staff at the entrance will register each person to monitor reentries.

j.     Liaisons will be designated for each social event. Liaisons must be at least 21 years old. One liaison for every 25 people in attendance is required (recommended one per 10-15 people in attendance). It is required that liaisons are sober for the duration of the event. Liaisons must be identified as such on the guest list. Liaisons cannot be new/associate members of fraternities or sororities.

k.    A professional security guard is recommended but not required, to assist the host with the event. Security Guards can ID guests as they enter the party and monitor the event to keep things under control. Guards can also require unruly guests to leave the party. In any case, Wittenberg Police and Security should be called in emergency situations.

l.     Those indicated on the Social Event Registration Form as responsible for the event will remain present for the duration of the event.

m.   All members of the host organization(s) may be held liable if a problem occurs. Any organization co-sponsoring or co-financing the event is equally liable should a problem occur.

n.    Clean-up will occur immediately following the event.

 

III.               Guest List Guidelines

a.    Everyone invited to the event MUST be included on the guest list. This includes BOTH organization members and non-organization members. Wittenberg University risk management guidelines require a maximum of 1 guest per member.  For Third-Party Vendors, the maximum capacity of the area designated for the event may not be exceeded.

b.    Guests should be listed alphabetically by last name. This is very important for coordinating admittance.

c.    Birth dates should be listed next to the guests’ name. Birth dates must then be verified by guest at the door by showing his/her ID. (To facilitate the check-in process the host may choose to highlight all guests who are 21 or older.)

Sample Guest List Format
Host Organization Name(s): Badminton Club & Alpha Gamma Delta
Social Event: Valentine Crush Party
Date: February 16, 2009
Guest Names         Birth date       Member responsible
Fellows, Brad         9/2/87*            Williams, John
Gorski, Dawn        12/15/89          Johnson, Kate
* Designates 21and over

d.    A complete guest list must be turned in to the appropriate University official by no later than the Risk Management Conference.

 

IV.              Failure to Comply

a.    Failure to comply with any of the guidelines stated in this policy is reason to be referred to the Dean of Students or designee and/or relevant affiliated national organization headquarters.

b.    Exceptions: any guidelines stated in this policy that are in conflict with an organization’s inter/national risk management policy must be made known at the Risk Management Conference held prior to the execution of the event. Wittenberg University and the organization(s) will defer to the stricter of the two guidelines in these cases.

University Firearms Policy 

The possession or use of firearms, dangerous weapons or other materials which endanger student welfare is strictly prohibited. This prohibition applies to all university employees, students, vendors, customers, and guests included those who are licensed under the state of Ohio law to carry a concealed weapon. The prohibition includes weapons carried about the person and maintenance or storage of any weapon in any property owned, leased, or controlled by Wittenberg or within any parked vehicle on university premises. Students wishing to bring firearms to campus for hunting, leisure, or any other sanctioned activity must store them with the Campus Police and Security Department. Weapons discovered on university premises in violation of this policy will be seized by Campus Police and may result in criminal charges. Violation of this poilcy is sufficient cause for immediate dismissal from the University and could also result in criminal prosecution.

Policy on Hazing 

Hazing in any form is an inappropriate activity and a violation of Wittenberg’s Statement of Mission (“to develop the whole person—intellectually, spiritually, socially, and physically”) and is contrary to the purpose of this academic institution and the positive development of individual members of our community.

By definition, an act of hazing includes all conditions described by Ohio statutes and/or any activity or attitude, mental, emotional, or physical, which ridicules, degrades, embarrasses, leads to confusion or frustration, causes discomfort, or jeopardizes the health, welfare, and safety of an individual or a group.

Specifically, hazing includes but is not limited to the following:

• any activity that might reasonably bring embarrassment or emotional harm to the individual(s),
• any activity that might reasonably bring physical harm to the individual(s),
• any activity that requires an unreasonable or inordinate amount of the individual’s time or in any manner impairs the individual’s academic efforts,
• any activity that requires consumption of any liquid or solid matter,
• any activity that would degrade or otherwise compromise the dignity of the individual, or
• any requirement which compels an individual to participate in any activity which is illegal or contrary to an individual’s genuine, moral, and/or religious beliefs or contrary to the rules and regulations of the University.

Therefore, all acts of hazing, both on- and off-campus by an organization or any of its members, are strictly forbidden.

Any organization that engages, through any or all of its members, in an act of hazing is subject to severe disciplinary action, including revocation of recognition as an organization at Wittenberg University.

Wittenberg University’s Computer Use Policy

 Computing Resources, Access and Use of

A wide range of information technology (IT) is provided to students, faculty and staff in support of the University mission. Standards of behavior are spelled out in a variety of University regulations and apply to computing resources. In general, acceptable use of IT facilities and network resources includes those activities consistent with learning, the University’s academic mission and general communication on and off campus. The Wittenberg IT is responsible for the integrity of computing systems and resources and for establishing guidelines for access and use of IT resources.

Faculty, staff and students are expected to use the University’s computing resources in an ethical manner, including:

1. Use of hardware/software/periphery devices;
2. Legal use of licensed software;
3. Access to and use of data, including the confidentiality of data or information;
4. Safeguarding of security passwords, use r identity and system access.

All uses must comply with all federal, Ohio, and other applicable laws; all generally applicable University rules and policies, and all applicable contracts and licenses.

A user is responsible for all activity originating from his or her account and for insuring that passwords or other security measures are not breached. Users may not share passwords, attempt to circumvent security measures, interfere with the ability of others to use the network, nor make any commercial use of University network resources. Users may not use University IT resources for obscene or harassing communication. Users must abide by the provisions of copyright law. IT resources may not be used to operate a personal business.

All students are expected to use good judgment in determining the appropriate amount of time spent in explorations on the Web and other computer applications.

Users who violated this policy may be denied access to University IT resources and may be subject to other penalties and disciplinary action, both within and outside of the University.

Use of hardware/software

Equipment in offices, computer hardware, software and data is the property of Wittenberg University. Copying University purchased or leased software is not permitted. Users are responsible for taking all required precautions against importing computer viruses.

Legitimate use of a computer or network system is based on the requirements of a user’s position, not on the knowledge of the use or whatever is technically possible. Although some limitations are built into computer operating systems and networks, those limitations are not the sole restrictions on what is permissible. Users must abide by all applicable restrictions, whether or not they are built into the operations system or network and whether or not they can be circumvented by technical means.

The University owns licenses to a number of proprietary programs. Users who redistribute software from the computing system break agreements with its software suppliers, as well as applicable federal copyright, patent and trade secret laws. Copyright protection also applies to many resources found on the Internet, including but not limited to images, audio and video files, and electronic version of print materials. The redistribution of any software or other copyrighted materials from computing systems is strictly prohibited except in the case of software that is clearly marked as being in the public domain.

Protection of confidential information

Once an individual is granted access to data, he or she is responsible as a custodian of that data. Data custodians are held accountable for maintain the security and confidentiality of those records to which they are granted access. Additionally, all faculty, staff, and students must comply with the Family Educational Rights and Privacy Act (FERPA) guidelines regarding the release of student information.

Access to and use of data

Material that is illegal, proprietary, in violation of University contractual agreements, or otherwise is damaging to the University may not be downloaded or posted to University computers or transported across University networks. Violations include, but are not limited to:

• Accessing, or attempting to access, data or information without proper authorization regardless of the means by which the is access is attempted or accomplished;
• Giving another person access to data or information to which they are not authorized;
• Obtaining, possessing, using, or attempting to use passwords or other information about someone else’s account;
• Forging, fraudulently altering, or willfully falsifying electronic information identified as University records in support of electronic communications;
• Using electronic resources to hoard, damage, or otherwise interfere with academic resources accessible electronically;
• Using electronic resources to steal another individual’s works or otherwise misrepresent one’s own work;
• Interfering with the work of another uses;
• Supplying or attempting to supply false or misleading information or identification in order to access another user’s account;
• Deliberate, unauthorized attempts to access, use or manipulate University computers, computer facilities, networks, systems, programs or data.

Right to privacy

Though users can expect the University to respect their privacy, the privacy rights of individuals using University owned equipment have some limits. In particular, Wittenberg reserved the right to monitor volume of traffic, investigate potential policy abuses, and take steps necessary to suppress viruses and Trojan horses. IT personnel will not access programs, files or data without permission from one of the following:

• The owner of the materials;
• The Dean of Students or President if the owner is a student or prospective student;
• The respective Vice President or President if the owner is a member of the faculty, staff, alumni or parent.

Computer files are a form of property and the contents of a file will be treated as physical property. Users are expected to respect the privacy and restrictions place upon information stored or transmitted across computers and network systems, even when the data or information is not securely protected.

Users may not change, copy, delete, read or otherwise access files or software without permission of the custodian of the files or the Chief Information Officer (CIO). Users may not attempt to modify software except where permitted.

Safeguarding of security passwords, user identity, and system access.

From time to time, especially when you are away from your desk, your supervisor or another employee may need to access your computer or files. You should not expect information left on your computer or in your files to be unconditionally private.

Investigating or reading another user’s files is considered the same as reading papers on someone’s desk  a violation of the person’s privacy. Reading protected files without authorization, by whatever mechanism, is prohibited.

Students, faculty, and staff should report misuses of IT resources or potential loopholes in computer systems to security and cooperate with the CIO in investigation of abuses.

Only users who have valid, authorized accounts ay use IT resources that are specifically authorized. Users may only use their account in accordance with its authorized purpose and are responsible for safeguarding their own computer account. Users should not let another person use their account. Passwords should be changed often to ensure that private and secure files are kept secure.

E-mail

Wittenberg maintains an electronic mail system to facilitate University business. Although e-mail correspondence can take on a more informal tone, all messages composed, sent, or received on the electronic mail systems should be considered official University correspondence and could be subpoenaed by a court of law.

The University expects e-mail messages to be treated as confidential by other employees and accessed only the intended recipient. The University does not permit employees t use a code, access a file or retrieve any stored information, unless authorized to do so. Employees should not attempt to gain access to another employee’s messages without permission.

Worldwide Web applications

The University provides bulletin boards and chat rooms for communication purposes. As such, the University reserves the right to delete posted materials that violate standards of appropriate conduct.

The University also provides the opportunity for students, faculty and staff to post individual web pages. The University does not censor nor monitor web pages but individual student or staff members should be aware the University policies regarding harassment or inappropriate conduct may be brought based on web page materials posted.

Vandalism

Any user’s account, as well as the operating system itself, is a possible target for vandalism. Attempted or detected alteration of user system software, data or other files, as well as equipment or resources disruption or destruction, is considered vandalism.

Members of the University community are expected to follow all other polices, rules, or procedures established to manage computers or network systems, including those established to control access to or the use of, computer data, files or other information.  Computer accounts may not be transferred or used by other individuals including family and friends.

Violations

Violations of IT use policies may result in sanctions by the University.  Student violations will be referred through the student conduct or academic misconduct system.  Faculty and staff violations will be referred through conduct processes outline in the Faculty Manual or the Administrative and Hourly Staff manuals.  Violations can result in discipline up to and including termination of employment.

The ITS may terminate or restrict any person’s access to its resources, without prior notice, if such action is necessary to maintain availability, security, and integrity of operations for other users of the resources, or in the case of egregious policy violations. ITS will notify the use and the appropriate Vice President when access has been restricted or terminated.

University Commercial Solicitation Policy

Neither students or non-students may use campus grounds and/or facilities for commercial purposes unless written permission has been obtained from The Dean of Students or designee.

• It is the policy of Wittenberg University to prohibit any and all solicitation or sales in the Student Center other than operations by a lease or agent whose contract with Wittenberg permits such solicitation or sale
• As defined for this policy statement, the terms “solicitation” and “sales” mean any effort by an individual or an organization to
  1. ask for, seek, beg, or entreat passerby to make a monetary contribution
  2. seek membership applications from passerby to any organization not organized by Wittenberg University; or
  3. offer for sale any item, symbol, or product, whether or not there is an actual on-the-spot monetary transaction
• Guidelines for vendors, solicitation, and fundraising are available at the Office of Student Activities and the Student Center
• Proselytizing is not allowed. Groups, campus organizations, clubs and/or individuals cannot stop, intimidate, distribute literature and/or CDs/DVDs, or entreat others for the purpose of redemption, religious conversion and or persuasion. Persons from outside the university are not allowed to solicit within residence halls. The residence hall space is private

The above policy is not construed to prohibit the membership drives and activities conducted by recognized Wittenberg University organizations. Permission for such activities is granted by the Dean of Students or Assistant Dean for Student Activities on a first-come, first-served basis.

Ohio law states that any organization conducting more than six sales per year must obtain a vendor’s license.

Policy Regarding the Distribution of Political and Other Non-Wittenberg Printed Material Prohibits

• Student organizations may not uses university funds in support of partisan political activity including candidates for office or political party activity
• Recognized or official student organizations may distribute political or other non-Wittenberg printed materials to other persons directly. All material must conspicuously display the name and address of the person or organization that has prepared and is distributing the material, and in the case of an organization, the name and address of the responsible officer. In the case of individual mailings, the material must be addressed by name and campus mailbox number. Hand-to-hand distribution is restricted to the area in the lower level of the student center adjacent to the student mailboxes, unless the Dean of Students has granted written permission for alternative sites for such distribution. E-mail may be sent to individuals, but listserves may not be used for partisan politics.

Guidelines for Advertising on Campus

• The content of all signs, posters and banners must comply with Wittenberg philosophy and policies.
• Signs and posters are to be displayed on bulletin boards and designated display space only. Windows, doors, or walls are not appropriate display places
• Signs and posters may not be posted on any unapproved surface including trees, benches, doors, windows, or railings. The use of duct tape is prohibited in all areas
• Banner space in the Student Center must be requested in advance with the Scheduling Office. ALL BANNERS MUST BE HUNG WITH STRING. Use of other banner areas must be approved by appropriate department chairpersons of the Scheduling Office
• Writing on the brick walls, benches, or any other furniture is prohibited. Sidewalk chalk may be used on all other cement walks. All postings MUST be removed within 24 hours after the end of the event. A labor fee to groups and organizations for removal of any outdated materials.
• All table tents must be scheduled with and submitted to Dining Services for posting in the CDR and Post 95. Table tents will be limited to one or two per table and will only be posted up to five days prior to the event.
• Signs, posters and banners that don not meet the above guidelines will be removed and discarded by staff in the Scheduling Office.

IV. SANCTIONS

Wittenberg University reserves the absolute discretion to determine the appropriate sanctions to be imposed upon a student or student organization for any violations of Wittenberg policies. The sanctions outlined below may be cumulative, and no sanction need be exhausted before if it is determined that additional sanctions should be imposed. Based on past disciplinary record, the severity of the offense, or the impact of the behavior upon the community, the sanctions may be more severe and; as a result, the list of sanctions below are not meant to be exhaustive.

Parents or guardians of dependent students and the Director of Financial Aid and Scholarships may receive written notice of action that results in deferred suspension, suspension, or dismissal. Parents or guardians, faculty advisers, and/or coaches may also receive notice of disciplinary action any time it is deemed to be in the best interest of the student and the University to do so; however, disciplinary action is normally treated as confidential information.

Students suspended or dismissed from the University for failure to maintain academic standards or for infringement of University regulations are allowed no refund of any kind other than pro-rated return of board charges paid in advance or tuition as mandated by federal financial aid policies. 

1. Written warning—a written notice to the student offender that he/she has violated University policies and that further violations will result in more severe disciplinary action.
2. Work or education assignment—the requirement that a student perform some service or engage in some activity having some relationship to the offense that would benefit the student and the Wittenberg/Springfield community.
3. Written assignment—the requirement that a student reflect on their behavior through a written assignment that includes some research which helps them understand why the prohibition or restriction has been adopted by the University
4. Fines—a monetary sanction imposed by the Dean of Students or designee(s) for violation of university policies.
5. Restitution—reimbursement for damage to, or misappropriation of, University and/or private property. Reimbursement may take the form of appropriate service to compensate for the damaged misappropriated property.
6. Living unit probation—a prescribed period during which another violation of policy may result in the student forfeiting the privilege to live in a University residence hall, Greek House, or University rental property. This may include moving from one residence hall to another.
7. Living unit dismissal—the requirement that a student leave his/her residence hall, Greek House, or University rental property by a determined time. The student may be further restricted from moving into any other University or Greek housing and is not entitled to any refund from room or board University probation—a prescribed period during which another violation of policy will result in added restrictions, suspension, or dismissal.
8. Removal from office—the student(s) is/are removed from office of a registered student organization or athletic team.
9. Revocation of recognition—the student organization is suspended and, for a prescribed period of time or indefinitely, and loses all rights and privileges accorded a student organization in good standing.
10. Disciplinary probation— potential revocation of the privilege to hold an office in a campus organization; potential revocation of the privilege to represent the University in inter-collegiate athletics or other public events.
11. Disciplinary suspension—the offending student is required to leave the campus and is barred from attending classes and other privileges or activities for a prescribed period.
12. Deferred suspension—the offending student suspension is deferred when it is deemed that invoking a suspension would not be in the best interests of the student or the University thereby allowing the student to continue their studies in the normal manner. A further violation may invoke the suspension immediately.
13. Interim suspension—a temporary suspension of an accused student, or a student whose behavior indicates the potential to cause harm to himself/herself, or to others or to property.
14. Disciplinary dismissal—a permanent termination of a student’s status effective upon the date specified in the notification of dismissal.

Certain offenses require by law that the University disclose possible sanctioning practices.

Alcohol and Drug Related Sanctions

In response to the Drug-Free Schools and Communities Act of 1989, the following possible sanctions are in place for alcohol and other drug violations.

Depending on the amount of alcohol or drugs involved, the student may be suspended or dismissed from the University and also may be prosecuted. Below are minimum sanctions for minor violations of the alcohol and drug policies.

Alcohol

First Offense

• Alcohol Awareness education;
• $150.00 fine.

Second Offense

• Disciplinary probation for 1 year;
• Substance abuse referral for assessment;
• $200.00 fine;
• Parental notification.

Third Offense

• Deferred suspension from the University for 1 year;
• Substance abuse referral for continued assessment and treatment;
• $250.00 fine;
• Parental notification.

Fourth Offense

• Student is suspended.

Drugs
– including use or possession of illegal drugs or non-medical use of prescription drugs.

 First Offense

• Disciplinary probation for 1 year;
• Referral to substance abuse counselor;
• $200.00 fine;
• Parental notification.

Second Offense

• Deferred suspension from the University for 1 year with the possibility of suspension or dismissal;
• Substance abuse referral for continued assessment and treatment;
• $300.00 fine;
• Parental notification.

Third Offense

• Possible dismissal from university;
• $400.00 fine;
• Parental notification.

Additional sanctions will be given if there are other incidents (vandalism, fights, providing alcohol to others, etc.) that accompany the alcohol or drug charges.

Students found in an environment where the alcohol or drug policy is being violated, but are not partaking in the use of alcohol or drugs, may be subject to the following sanctions depending on the severity of the incident:

First Offense

• Warning

Second Offense

• Reflection paper;
• $50 fine.

File Sharing and Copyright Infringement Sanctions

In response to the Higher Education Opportunity Act of 2008, the following possible sanctions are in place for computer misuse and copyright infringement.

First Offense (Based on initial notice(s) received from the copyright holder(s)): 

• Warning message sent to the student along with supporting document(s).
• A warning of this nature is to indicate that any further violation of university as well as federal copyright policies risk having access to the university network restricted or terminated. In addition, students risks criminal and civil legal action.

Second Offense (Repeated notices after the student receives the initial warning letter):

• The violating student’s personal computer’s network access is revoked.  Students will be able to access Wittenberg resources through use of on campus computer labs.
• A fine of $50 will be levied.
• Students are required to complete an online Moodle Course regarding copyright infringement and peer to peer file sharing.
• The student’s personal computer’s network access remains disabled until the Computing Center has been notified that the online course has been completed.

Third Offense:

• The violating student’s personal computer’s network access is revoked.  Students will be able to access Wittenberg resources through use of on campus computer labs.
• The Student Conduct Officer will proceed with disciplinary charges and the student will go through the student conduct hearing process.
• The student’s personal computer’s network access remains disabled until the Computing Center has been notified that the student has fulfilled all educational directives resultant of the student conduct hearing process.

Violators may also be subject to civil and criminal penalties for violation of federal copyright laws.

 

 

 V. CONDUCT HEARING PROCESS AND HEARING BOARDS

 

Students and/or student organizations cited for violations of University policies are notified by the Dean of Students designee to schedule a disciplinary conference meeting. Violations of University policies are referred to the Dean of Student’s designee who will determine if the alleged violation should be adjudicated informally in a disciplinary conference meeting or whether the allegation should proceed to a formal hearing before the Student Conduct Hearing Board.

A disciplinary conference meeting with an Area Coordinator can also serve as an informal hearing for minor violations of university policies in the residence halls.

Disciplinary conferences and hearings will rely on the preponderance of evidence standard when making its determination. This means the determination will rest on whether the evidence indicates it is more likely than not the alleged behavior did occur and was in violation of the institution's policy.

The purpose of a formal hearing is to receive testimony from the designated investigator, the complainant, the respondent and other witnesses, as the board or panel deems necessary. The chair of the hearing board or panel will exercise discretion in determining which witnesses are necessary to the hearing process. Although the hearing procedures are to respect fundamental standards of fairness, they are not intended to be equivalent to those employed in a civil or criminal judicial process. They are set with an aim of providing the hearing board or hearing officer with the best opportunity for determining the truth of the matter’s dispute. Minor deviations from these prescribed procedures will not render a decision invalid or constitute grounds for an appeal unless a matter of fundamental fairness has been violated.

A.        Notification of Violation and Referrals

1. The Dean of Students' designee will review the allegations and available information with the student or student organization officers and decide if adjudication can occur at this meeting or, where necessary, make appropriate disciplinary referrals.
2. Students or student organizations referred to the Student Conduct Hearing Board will be notified, in writing, of the charges being brought against him/her or the organization, including an outline of their rights and responsibilities. They will also be required to meet with the Dean of Students' designee to review their rights and responsibilities and to review the hearing procedures.
3. Accused students or student organization officers scheduled to appear before the Student Conduct Hearing Board will have the right to have a member of Wittenberg’s community (faculty, staff, or student) serve as an adviser/support person at the hearing. In this capacity the adviser/support person does not address the Board or ask questions. Their sole purpose is to advise/support the accused student or student organization officers.

B.        Student Conduct Hearing Board (SCHB)

1. The Student Conduct Hearing Board is responsible for hearing cases referred to it by the Dean of Students or designee.
2. The Student Conduct Hearing Board is composed of twelve (12) members. Students will comprise eight (8) members of the board; faculty will comprise two (2) members; and staff will comprise two (2) members.
3. Every year the Provost will submit the names of two faculty members to serve a one year term on the Student Conduct Hearing Board. Every year the Vice President for Enrollment Management and Dean of Students will submit the names of two staff to serve a one year term on the Student Conduct Hearing Board. Faculty and staff, if willing, are eligible to serve for multiple terms.
4. Student members of the Student Conduct Hearing Board are chosen from those students who have filed an application with the Dean of Students or designee. An ensuing interview with a Hearing Board Selection Committee is required of each applicant. The Committee is composed of the Dean of Students or designee, a faculty member chosen by the Student Senate, and two members of the student body selected by the Student Senate. The Selection Committee submits its recommendations to the Senate for approval.
5. The Chairperson of the Student Conduct Hearing Board will be a faculty member of the board and serve as chair for a one year term. The Vice Chair of the Student Conduct Hearing Board will be a Wittenberg staff member and serve for a one (1) year term.  Faculty and staff, if wiling, are eligible to serve in these roles for multiple terms.
6. A quorum shall consist of 5 members of the Student Conduct Hearing Board. That quorum will consist of one faculty who will preside over the hearing, one staff, and 3 students. 

C.        Procedures for the Student Conduct Hearing Board

1. The accused student(s), referred to as respondent(s), will be notified by the designated University official that an allegation has been made.
2. The respondent(s) will be informed of the right to make one of three pleas to each of the charges brought as the result of the alleged incident: responsible, not responsible, or no contest.
3. The respondent(s) will be provided with written notification of the following at least twenty-four (24) hours prior to the hearing: date, time, and place of hearing; charges brought as the result of the incident alleged to have occurred; and * rights and responsibilities of the respondent(s).  
4. The respondent(s) will receive copies of all documentation to be utilized during the hearing at least twenty-four (24) hours prior to the hearing.
5. The respondent(s) must attend the hearing.  If the respondent does not appear, the hearing will proceed and a decision will be made based on the information available at the time of the hearing.
6. The respondent(s) is/are entitled to present their case to the judicial body and may call witnesses on their behalf.
7. The respondent(s) are each entitled to be accompanied by an advisor.  Advisors have a non-speaking role in the hearing.  Advisors may be members of the faculty, staff, or student body of Wittenberg University.
8. The respondent(s) are entitled to ask questions of the judicial body, of each other, and of witnesses brought by each other or by the judicial body.
9. The respondent(s) are entitled to refuse to answer questions.  Refusal to answer will not be interpreted as indicative of guilt, and will be noted without prejudice.
10. Respondent(s) are entitled to expeditious hearings.  The judicial body must render a decision within ten (10) class days from the time the case is first referred to the body for consideration.  Should the judicial body fail to render a decision, the case will automatically be referred to the next higher judicial body and the lower body will relinquish jurisdiction.  Exceptions to this may be arranged with the mutual consent of all concerned parties.
11. Hearings of judicial bodies are closed except to the respondent(s), complainant, their advisors, witnesses, members of the judicial body, and the judicial body advisor.  Witnesses may appear as requested by the judicial body.
12. The respondent(s) may question the ability of a judicial board member to render an impartial judgment and may request the removal of the board member from the case.  The judicial body will rule on the request. Members of a judicial body who feel their relationship with the case and/or the individuals involved affect their ability to render an impartial judgment will disqualify themselves.
13. The respondent(s) are entitled to a hearing by a quorum of the judicial body.  If a quorum cannot be convened within the established ten-day period, the case will be referred to the next higher judicial body.
14. The respondent(s) are entitled to an explanation of the rationale for the findings in a case within reasonable boundaries of confidentiality.
15. Respondent(s) wishing to appeal the outcome of their hearing may request access to the digital record of the hearing from the Dean of Students, or the Dean of Students’ designee.
16. The respondent(s) will be notified of the right to appeal the decision of the judicial body.  Should the respondent(s) wish to appeal, any action taken by the judicial body will be held in suspense pending consideration by the appellate body.
17. The respondent(s) must submit appeals in writing to the designated judicial body within three class days after receipt of written notification of the decision.  Appeals may be considered twenty-four (24) hours after concerned parties have been notified.

  D.        Appeals

1. Students and student organizations reserve the right to appeal any disciplinary decision made by the Dean of Students or designee.
2. Appeals must be made in writing within three (3) class days following written notification of the action taken. The appeal must be based on at least one of the following grounds for an appeal:
   • new and significant evidence can be introduced which may further clarify and support the defense of the student or student organization involved;
   • there is reason to believe that the sanction is not consistent with the seriousness of the violation; and
   • the student or student organization’s right to a fair and impartial hearing was violated.
3. Appeals of Area Coordinators’ decisions are to the Assistant or Associate Dean of Students. Appeals of Assistant and Associate Dean’s decisions are to the Student Conduct Hearing Board. Decisions of the Student Conduct Hearing Board are to the Student Appellate Board. Decisions of the Student Appellate Board are to the Vice President of Student Development and Dean of Students. There are no appeals beyond the Vice President of Student Development and Dean of Students.

E.        Student Appellate Board

1. The Student Appellate Board is composed of four faculty members and four students. The faculty members are selected by the Provost and the student members are selected by the Student Senate.
2. After hearing an appeal, the Student Appellate Board may decide as follows:
   • accept the report and decisions of the Student Conduct Hearing Board;
   • direct the case to be reheard in accordance with the suggestions of the Student Appellate Board;
   • reverse the findings and decision of the Student Conduct Hearing Board and dismiss the case;
   • accept the findings of the Student Conduct Hearing Board but reduce the sanction; or
   • accept the findings of the Student Conduct Board but increase the sanctions.
3. Appeals of decisions of the Student Appellate Board will be to the Vice President of Student Development and Dean of Students. There are no disciplinary appeals beyond the Vice President and Dean of Students.

¹ Alleged violation of the policies concerning sexual harassment and misconduct will follow the processes outlined in the Policies and Procedures Concerning Sexual Harassment and Misconduct.  Alleged violation of the policies concerning academic dishonesty will follow process outlined in the Code of Academic Integrity.

 

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