"Next of kin" will be notified when a student is:
1. seriously injured or ill. In some cases, in accord with the wishes of the student and upon the advice of a University physician or psychiatrist, notification may be delayed or omitted. This decision will be made in consultation with the Vice Chancellor for Student Services.
2. abnormally absent from his or her housing unit and from class attendance for a sufficient period of time to cause concern for personal welfare.
1. When an authorized professional staff member related to Student Services has cause to believe that a student is undergoing severe emotional problems, and when the student's continued presence on campus would present danger to himself and/or others, the staff member may consult with the Director of Counseling and Psychological Services (CAPS) or a member of the CAPS staff prior to referral. Following consultation, the staff member may direct the student to be evaluated by a member of the CAPS staff. If the student refuses, interim suspension from the University may be invoked (see guidelines for interim suspension under Student Judicial System).
2. Those professional staff members authorized to make an Administrative Referral are the Vice Chancellor for Student Services, the Dean of Students, and the Director of Residence Life or Assistant Director for Residence Life.
3. Whenever possible, the student who is being referred to CAPS for mandatory evaluation will be accompanied by an appropriate professional staff member related to Student Services.
4. Following the evaluation, the Director of CAPS may recommend to the Vice Chancellor for Student Services that the student be withdrawn from the University to seek psychiatric or psychological treatment if: a) the student has violated institutional regulations and appears to lack the capacity to respond to the judicial affairs process, or did not appear to know the nature and wrongfulness of the alleged violation: b) the student has threatened or attempted suicide and is suffering from a serious mental disorder which is being exacerbated in the campus environment; or c) a student is engaged in behavior made worse in the academic setting, which places him or her in serious medical jeopardy producing conditions which cannot be treated effectively without leaving the University. If the Vice Chancellor for Student Services decides in favor of mandatory withdrawal, he or his designee will notify the Dean of the College in which the student is enrolled. It is understood that such withdrawal will be backdated to a time pre-dating the last date for dropping a course without a grade and that the student will automatically receive a "W" in all course work.
The Registrar will also be directed to "flag" the student's file so that any readmission application will come to the attention of CAPS.
5. The Director of CAPS will send a report summarizing the results of the evaluation process to the Office of the Vice Chancellor for Student Services. Other appropriate personnel will be notified of any action taken regarding a change in the student's status by this office, e.g., the hall manager if the student is living in a residence hall. For more information or for an appointment, call 575-CAPS(2277).
Policy Statement
It is the policy of the University of Arkansas to provide an educational and work environment in which thought, creativity, and growth are stimulated, and in which individuals are free to realize their full potential. The university should be a place of work and study for students, faculty, and staff, which is free of all forms of sexual intimidation and exploitation. Therefore, it is the policy of the University of Arkansas to prohibit sexual harassment of its students, faculty, and staff and to make every effort to eliminate sexual harassment in the university.
The university's prohibition of sexual harassment applies to members of the university community, to visitors to the campus, and to contractors and others who do business with the university or who use university facilities. The policy prohibiting sexual harassment applies regardless of the gender of the harasser or of the person being harassed. The policy applies to sexual harassment which takes place in any relationship, including both those involving a power differential and those between peers, colleagues, and co-workers. The university policy prohibits sexual harassment between or among students, faculty, staff, and others visiting or conducting official business on campus, and in all areas of the university's work and educational environments.
Sexual harassment of employees is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. Sexual harassment of students is a violation of Title IX of the Education Amendments of 1972. These laws apply to both the university and to individuals. Those who engage in sexual harassment may be subject to legal consequences, including civil and criminal penalties and monetary damages.
Sexual harassment subverts the mission of the university and threatens the careers, educational experience, and well-being of students, faculty, staff, and visitors to the campus. In both obvious and subtle ways, sexual harassment is destructive to individual students, faculty, staff, and the academic community as a whole. Sexual harassment blurs the boundary between professional and personal relationships by introducing a conflicting personal element into what should be a professional situation. When, through fear of reprisal, a student, staff member, or faculty member submits or is pressured to submit to unwanted sexual attention, the university's ability to carry out its mission is seriously undermined.
Sexual harassment is especially destructive when it threatens relationships between teachers and students or supervisors and subordinates. Through control over grades, salary decisions, changes in duties or workloads, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive influence on a student's, staff member's, or faculty member's career at the university and beyond. Sexual harassment in such situations constitutes an abuse of the power inherent in a faculty member's or supervisor's position.
Definitions
Sexual harassment as defined by the U.S. Equal Employment Opportunity Commission and adapted to the academic environment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or written communication of a sexual nature, regardless of where such conduct might occur, when:
(1) submission to the conduct is made either implicitly or explicitly a term or condition of an individual's employment with the university or of an individual's academic status or advancement in a university program, course, or activity;
(2) submission to or rejection of the conduct by an individual is used as the basis for employment or academic decisions affecting that individual; and/or
(3) the conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or learning environment.
Sexual harassment is distinguished from voluntary sexual relationships in that it introduces such elements as coercion, threat, unwanted sexual attention, and/or promises of academic or professional rewards in exchange for sexual favors. Sexual harassment is unwelcome behavior. Behavior that the courts have found to constitute sexual harassment is usually repeated or continues even after the individual makes it clear that it is unwanted.
Sexual harassment is often divided into two categories: (1) quid pro quo harassment and (2) harassment resulting from a hostile or abusive environment.
Quid pro quo harassment involves an explicit or implied exchange; that is, the granting or denial of a benefit or privilege in exchange for sexual considerations. The harasser uses submission to or rejection of the offensive conduct as the basis for decisions such as employment, promotion, transfer, selection for training, performance evaluation, or the basis for academic evaluation or recommendations.
Court decisions have established that a hostile or abusive working or learning environment may also constitute sexual harassment. While the exact definitions and limits of a hostile or abusive environment continue to be delineated by the courts, case law indicates that such an environment exists when the workplace or educational environment is permeated by discriminatory intimidation, insults, and ridicule, such as sexual innuendos, uninvited sexual advances, sexually suggestive or discriminatory remarks, sexually suggestive or offensive signs, graffiti, or pictures, the use of sexually crude and vulgar language, etc. The U.S. Supreme Court has held that, to constitute sexual harassment, the offensive conduct must be sufficiently severe and pervasive that a reasonable person would find the conditions of the working or learning environment to have been adversely affected. The employee or student must also subjectively perceive the environment to be hostile or abusive. However, it is not necessary that an employee's or student's psychological well-being be seriously affected or that she or he suffer injury for a discriminatorily hostile or abusive environment to exist. One utterance of an offensive epithet does not by itself constitute sexual harassment. The Supreme Court has indicated that whether an environment is hostile or abusive can be determined only by looking at all the circumstances, which may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance or a student's learning.
Examples of behavior that may constitute sexual harassment are included in Appendix A.
Academic Freedom
Works of art and literature, readings, and other written, auditory, or visual course materials which are used in an educational context, including classrooms, academic offices, and all other learning environments, or which are part of academic or cultural programs, do not constitute sexual harassment, regardless of their sexual, erotic, suggestive, or vulgar content and regardless of whether they may be offensive to some individuals.
Consensual Relationships
Consensual sexual relationships between faculty and their students or between supervisors and their employees in some instances may result in charges of sexual harassment.
Consensual relationships may lead other faculty and students or supervisors and coworkers to question the validity of grades, evaluations, and other interactions between the people involved in such a relationship. The integrity of the work of both people in the relationship may be compromised.
University faculty, administrators, and other supervisory staff should be aware that any sexual involvement with their students or employees could subject them to formal action if a sexual harassment complaint is subsequently made and substantiated, and that they bear the greater burden of responsibility should it be proven that the power differential between them made the relationship other than fully consensual. Even when both parties have consented to a relationship, it is the faculty member, administrator, or supervisor who may be held accountable for unprofessional behavior. Other students or employees may allege that the relationship creates a hostile or abusive environment affecting them. Graduate assistants, residence hall staff, tutors, and undergraduate course assistants who are professionally responsible for students will be held to the same standards of accountability as faculty in their relationships with students whom they instruct or evaluate.
When a consensual relationship exists between a student and a faculty member who has control over the student's academic work or status or between an employee and his or her supervisor, the resulting conflict of interest should be addressed in accordance with university policies concerning conflict of interest.
Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual harassment is strongly urged to report it. The university must know about incidents of sexual harassment in order to stop them, protect victims, and prevent future incidents.
It is the responsibility of university faculty, administrators, and supervisors to report complaints of sexual harassment which they receive and of possible sexual harassment of which they become aware. When there is a relationship that involves legally-recognized professional confidentiality between the complainant and the person to whom the harassment is reported, the report may be withheld at the request of the complainant.
Timeframe for Reporting
Sexual harassment should be reported immediately and must be reported within 180 days of its occurrence. However, under compelling circumstances, a delayed report of sexual harassment may be made, provided it is made within 180 days after a student has graduated from the university or 180 days after an employee has left his or her current position at the university.
Retaliation Prohibited
University policy and federal law prohibit any form of retaliation against a person who makes a sexual harassment complaint, participates in an investigation of sexual harassment, or participates in formal grievance or disciplinary procedures. Retaliation against a complainant or witness is, in itself, a violation of university policy and the law, and is a serious separate offense.
False Reports of Sexual Harassment
Wilfully making a false report of sexual harassment is a violation of university policy and is a serious offense. Any person who willfully makes or participates in making a false or frivolous report of sexual harassment will be subject to disciplinary action.
Reporting System
Students, faculty members, administrators, staff members, or visitors to the university may report allegations of sexual harassment to an official (hereinafter referred to as the "complaint officer") who is designated by, and who reports to, the Chancellor. They may discuss with the complaint officer any situation which they believe may constitute sexual harassment. Reports may be made by the person experiencing the harassment or by a third party, such as a witness to the harassment or someone who is told of the harassment.
Investigation of Complaints
The complaint officer must investigate every allegation of sexual harassment, including informal and third party reports. The investigation shall be appropriate to the complaint, taking into consideration its seriousness, the extent to which it is or can be substantiated, and the nature of the resolution desired by the complainant. The investigation must be initiated within five working days after the complaint is made.
Upon receiving a complaint, the complaint officer will interview the complainant (and the alleged victim if it is a third party report) to compile as much specific information as possible, including the nature of each incident, the time, place, actual or potential witnesses, any actions or other responses to the alleged harassment already taken by the complainant, identification of the alleged harasser, and other pertinent facts or allegations.
The complaint officer will explain the university's obligation to investigate and take appropriate corrective action. The complaint officer will present options for resolution of the complaint, including actions which the aggrieved person can take, methods of informal resolution, the appropriate formal University of Arkansas grievance procedure, and legal remedies. The complaint officer will offer information about the availability of counseling and other assistance appropriate to the situation.
The complaint officer will meet with the person accused of sexual harassment and present the allegations, indicating whether there are witnesses or other evidence that would appear to substantiate the charge, and whether the complaint is informal or formal. The alleged harasser may make an initial, informal response to the allegations.
If the issue is not resolved at that point, the complaint officer will proceed with an informal complaint resolution process or, if appropriate, will refer the complainant to a formal grievance procedure.
Deans, department heads or chairpersons, directors, and other administrators who are responsible for personnel matters will participate with the complaint officer, as appropriate, in investigating charges of sexual harassment and in the process of informal and formal resolution of sexual harassment complaints.
Resolution and Grievance Procedures
Individuals who make complaints of sexual harassment and individuals who are accused of sexual harassment are entitled to due process and to a fair and prompt resolution of the complaint. Resolution may be attempted through direct informal action, through an informal resolution process, or through a formal grievance process.
Direct, Informal Action
After the complaint officer has discussed the complaint with the complainant and informed the person accused that a complaint has been made, the complainant may choose to attempt to resolve the matter by confronting the accused harasser directly. The complaint officer can suggest methods and models; for example, writing a letter describing the offensive behavior, its effects on the complainant, and her or his request that the behavior cease.
Informal Resolution Process
If the complainant wishes to attempt to resolve the problem informally, the complaint officer may serve as a mediator, or otherwise assist both parties in coming to an understanding and resolving the problem, with a focus on changing current and future behavior. Both parties must be informed of their rights to due process. The complaint officer may take statements from either party and from any witnesses that either party identifies, but the main focus will be on resolution and conciliation. Deans, directors, and department heads or chairpersons will be involved, as appropriate, in the informal resolution process.
Formal Grievance Procedure
If either party is not satisfied with the result of the informal process or if the complainant chooses, instead, to use a formal University of Arkansas grievance procedure, the complaint officer will help identify the appropriate procedure and explain how to use it. The matter will then follow the steps outlined in the Staff Handbook, the Faculty Handbook, or the Catalog of Studies for that specific grievance procedure. The complaint officer's records concerning the matter may be made available during the formal grievance procedure, as appropriate.
Both parties will be informed in writing of the results of the resolution and grievance procedures and reminded of the university's policy.
In some instances, it may not be possible to determine whether sexual harassment has occurred. Allegations of sexual harassment which are not eventually substantiated are not necessarily false allegations.
Disclosure
Every possible effort will be made to ensure the confidentiality of information received as part of the university's resolution and grievance procedures. All parties to the complaint will be asked to assist in keeping the complaint confidential. However, the university's obligation to stop sexual harassment means that it cannot fail to take appropriate action and that confidentiality cannot always be guaranteed.
In the interests of fairness and problem resolution, disclosure of complaints and their substance and the results of investigations and grievance procedures, except as compelled by law, will be limited to the immediate parties and other appropriate administrative officials.
Disciplinary Action
Disciplinary action up to and including dismissal will be taken against persons found to have engaged in sexual harassment or found to have willfully made a false or frivolous accusation of sexual harassment. The specific disciplinary action will be determined by the nature and seriousness of the offense. In all cases where disciplinary action is recommend-ed, procedures in the Staff Handbook, the Faculty Handbook, or the Catalog of Studies are to be followed.
If a thorough investigation of a complaint substantiates that formal disciplinary action is warranted because either sexual harassment has occurred, or a false report of sexual harassment has been made, the complaint officer will report the findings to the appropriate vice chancellor, who is responsible for initiating disciplinary action. If a formal grievance procedure has been used, a recommendation for disciplinary action may be made by the administrator or panel that has heard and made a decision about the grievance. Recommendations for disciplinary action may be appealed, using the appropriate University of Arkansas grievance procedure.
At the direction of the vice chancellor and following applicable university rules, the Dean of Students, the academic dean, the director, or the department head or chairperson will implement disciplinary action against the student, faculty member, or staff member. The disciplinary action shall be implemented within thirty days of the notification of the vice chancellor. The complaint officer will monitor the implementation of the disciplinary process and its timeliness.
Record Keeping
Records will be kept in employee personnel files only if a complaint of sexual harassment is substantiated and disciplinary action is taken. All other records will be kept only for statistical purposes and to document that the university has responded to complaints. The Arkansas Freedom of Information Act compels disclosure of employee records only if they form the basis for decisions to suspend or terminate an employee and if there is a compelling public interest in their disclosure. Student records are protected from disclosure under the Family Education and Privacy Rights Act.
Records maintained by the complaint officer to document that the university has responded to all complaints will include information concerning the receipt of the complaint, the notification of the alleged harasser and his or her response, the steps taken to investigate the complaint, and indicate whether the complaint was substantiated. All written statements obtained, as well as summaries of witness interviews, will be included in the documentation. If the complaint is substantiated, the records will document actions taken to stop the harassment and to remedy its effects. If the complaint is not substantiated, all records pertaining to the complaint will be sealed, subject only to legally-ordered disclosure. Whether the complaint is substantiated or not, the records will document that all parties have been reminded in writing of the university's policy prohibiting sexual harassment.
Statistical Review
The complaint officer will report periodically to the Chancellor the statistical data compiled from investigation records and all disciplinary action taken by the university.
Adopted by the Campus Council, February 17, 1994
Amended, March 17, 1994
APPENDIX A
The following are some examples of behavior that the courts have found to constitute either quid pro quo or hostile atmosphere sexual harassment. The list is not inclusive; other behaviors not included on the list may be sexual harassment. And most of the behaviors listed, if they are welcome by the person at whom they are directed, would not be sexual harassment. An important distinction is that sexual harassment must be unwelcome.
Sexual harassment can take many forms. Most sexual harassment falls into three categories: verbal, physical, and written or visual.
Verbal sexual harassment may include, but is not limited to:
* sexual innuendoes, comments, and suggestive remarks about clothing, a person's body,
or sexual activities;
* suggestive or insulting sounds;
* whistling in a suggestive manner;
* humor and jokes about sex;
* sexual propositions, invitations, or other pressure for sex; and
* implied or overt threats.
In most cases, a single offensive epithet would not constitute sexual harassment.
Physical sexual harassment may include, but is not limited to:
* patting, pinching, feeling, or any other intentional inappropriate touching;
* brushing against the body;
* making obscene or offensive gestures;
* attempted or actual kissing or fondling;
* coerced sexual intercourse; and
* assault. (See the University of Arkansas Sexual Assault Policy)
Written or visual sexual harassment may occur when the following types of materials are directed to a specific individual or when people cannot reasonably avoid seeing them (the list is not inclusive):
* pictures or drawings of a sexual nature;
* sexually derogatory pin-ups, posters, cartoons, magazines, or calendars;
* messages, words, comments, rhymes, or other writing of a sexually derogatory or sug-gestive nature.
NOTE: Some of the forms of harassment described above may constitute criminal behavior.
APPENDIX B
Recommendations for Education and Publicity Concerning the Policy
Because new students and employees continually join the university community, it is important that education about sexual harassment and publicity about the university's policy be presented frequently, and that attempts be made to reach all members of the community. Information should be presented at new student and new employee orientation sessions, and new administrators, supervisors, and managers should be reminded about their additional obligation to help keep the university free of sexual harassment. In addition, programs about sexual harassment, campus awareness events and activities, training sessions, and other educational activities should be provided regularly. Student, faculty, and staff handbooks, catalogs, and other publications that include university policies and procedures should contain the sexual harassment policy. Brochures, flyers, newspaper articles, posters, and other methods of publicizing the policy should be used as well.
Policy Statement
It is the policy of the University of Arkansas to prohibit sexual assault and to prevent sex offenses committed against students, employees, visitors to the campus, and other persons who use University facilities.
Sexual assault is an extreme form of sexual harassment. Sexual harassment is prohibited by University policy and is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 and by Title IX of the Education Amendments of 1972. Sexual assault is also a crime, defined by the Arkansas criminal code.
Definitions
Sexual assault may include any involuntary sexual act which a person is threatened, coerced, or forced to engage in against her or his will. Sexual assault may be committed by a stranger or by an acquaintance.
Acts defined as sexual assault include rape, date rape, acquaintance rape, and gang rape, but may also include sexual touching of another person against his or her will, and forcing an unwilling person to touch another person sexually.
Sexual assault occurs when such acts are committed either by force, threat, or in-timidation, or through the use of the victim's mental or physical helplessness, of which the assailant was aware or should have been aware.
Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual assault should report the assault immediately to the University Police (Department of Public Safety). If the assault occurred outside the jurisdiction of the University Police, they will assist in reporting it to the proper authorities.
Sexual assault may also be reported to the Fayetteville police, if it occurred within the city limits, or to the police of another municipality if the assault occurred within another township or city which has a police force. It may be reported to the Washington County Sheriff's Department if it occurred outside city limits but within the county. Sexual assault may also be reported to the community Rape Crisis Help Line.
Preserving Evidence
It is important that evidence of sexual assault be preserved, because it may be necessary as proof in a criminal case. Victims and others should not alter the scene of the attack. The victim should not change clothes or take a bath before calling the police or Rape Crisis. The victim should be taken to a local hospital which has kits to collect and preserve evidence of rape and sexual assault.
Availability of Counseling
Counseling and other mental health services for victims of sexual assault are available on campus and in the community. Students and employees may use the Counseling and Psychology Services (CAPS) unit of the University Health Center. The Psychological Clinic of the Department of Psychology may be able to provide assistance in some cases. Community mental health agencies, such as the Ozark Guidance Center, and counselors and psychotherapists in private practice in the area can provide individual and group therapy. The Rape Crisis Help Line may make referrals for individual counseling and support groups.
Education and Awareness Programs
The Sexual Health Education Coordinator in the Department of Health Promotion and Education of the University Health Center is responsible for planning and coordinating campus education and awareness programs about all forms of sexual assault, including rape, acquaintance rape, and other sex offenses. Programs are presented regularly throughout the academic year in residence halls, fraternities, sororities, and for student organizations, academic classes, and in other settings that are likely to reach people throughout the campus community. Campus-wide education and awareness activities are also conducted during Sexual Assault Prevention Week.
Other campus resources for sexual assault awareness, education, and prevention include the peer education group Sexual Harassment and Rape Prevention (SHARP), and the Sexual Assault Victim Advocacy and Education Program (SAVE), sponsored by Rape Crisis, the University Health Center, and the Alliance for Women's Concerns. A peer education course in sexual assault prevention will be offered, starting in the Spring of 1994.
University Judicial System
When appropriate, the University Police (Department of Public Safety) or any member of the University community may refer allegations of sexual assault to the University judicial system. The judicial system, which is described on page 577 of the Student Handbook portion of this catalog, provides a just and equitable process for dealing with alleged infractions by students of University rules, regulations, or laws. The system is informal and non-adversarial, and is intended to educate students, to help them make responsible decisions, and to be accountable for their actions.
In some instances, it may be appropriate for University faculty and staff members to use the University's formal grievance procedures to address grievances related to allegations of sexual assault. The faculty grievance procedure is described in the University of Arkansas Faculty Handbook. The staff grievance procedure is described in the Staff Handbook.
During University judicial proceedings and grievance procedures, both the accuser and the person accused are entitled to the same opportunities to have others present. Both the accuser and the person accused shall be informed of the outcome of any campus judicial proceeding or grievance procedure in which sexual assault is alleged.
Disciplinary Action
Students and employees who are convicted of sexual assault may also be subject to University disciplinary action. According to the circumstances of the case, possible sanctions may range from a formal reprimand to dismissal from the University.
Victims of sexual assault may receive assistance in making reasonable changes in their work, academic, or living situations. Students may request assistance in changing their living situations from Residence Life and Dining Services. Requests for academic changes should be directed to the dean of the appropriate college. Staff may request assistance in changing their work situations from their supervisors or from the Department of Human Resources. Requests for such changes will be considered on the basis of their appropriate-ness and whether the requested change is reasonably available.
Adopted by the Campus Council, September 23, 1993
The All University Judiciary (AUJ) shall review the substance of a regulation or administrative decision which is alleged to be inconsistent with rights and responsibilities of students established in the Student Handbook and is not appropriately dealt with by the Residence Life and Dining Services Review Board or the Academic Due Process procedures. This review authority shall not include monetary claims against the University of Arkansas. The procedures for such review shall be as follows:
1. The student or student group making the allegation shall submit to the Dean of Students a written statement of the reason for appeal.
2. The Dean of Students shall promptly send a copy of the letter to the Chairperson of the AUJ.
3. The Judiciary shall determine whether it will accept the appeal. If the appeal is rejected, the appealing party shall be notified. If the appeal is accepted, the Judiciary must immediately notify the appealing party and the administrative office or group responsible for the challenged regulation or administrative decision.
The Judiciary must also provide to the administrative officer a copy of the written statement of the reason for the appeal. The Judiciary shall thereupon conduct a hearing on the matter. The Chairperson of the Judiciary shall send to the Dean of Students a written statement of the decision and reasons for it.
4. The Dean of Students shall promptly send to the originator of the appeal a duplicate copy of the Judiciary's statement. If the decision of the Judiciary or panel is that a regulation or an administrative decision is inconsistent with the guidelines in the Student Handbook, the Dean of Students shall notify the office or person responsible for the regulation or administrative decision and ensure that action consistent with the decision is undertaken immediately. The Dean of Students shall also make the decision public in an appropriate manner. If the decision of the Judiciary or panel is that the regulation or administrative decision is consistent with the guidelines in the Student Handbook, the student or student group making the allegation may appeal the decision to the Vice Chancellor for Student Services and, if still dissatisfied, to the Chancellor of the University. This right of appeal of the decision extends only to the student or student group making the allegation.
5. The Dean of Students shall keep a file of all decisions for future reference.
6. The procedural rules of the AUJ shall include provisions for expedited consideration of urgent cases in which it is alleged that a regulation or administrative decision threatens immediate and irreparable infringement on student rights as defined in the Student Handbook.
7. If a majority of the AUJ or a majority of the appointed panel should decide that the request for expedited handling of a case should be granted, the Chairperson shall have the discretionary authority to request the individual or the group responsible for enforcing the challenged regulation or administrative decision to postpone action or to withdraw action already taken. The Chairperson, however, may make such a request only if such a postponement of action or withdrawal of action will not, under the circumstances, preclude, predetermine, or render irrelevant the ultimate intention of the AUJ or panel. If necessary, the AUJ or panel may announce its decision in such a case without a written statement of its reasons, provided that such a statement of reasons shall be filed as soon as possible after the announcement of the decision.
There are two kinds of procedures for undergraduate students with complaints of an academic nature. See Student Grievance Procedures on page 560 and Academic Appeal Structure for Undergraduate Students on page 64. There is a separate academic grievance procedure for graduate students outlined in the Graduate School Catalog.
Students are expected to be familiar with and observe all provisions of federal, state, and local laws.
Violators of public law may be referred to civil authorities for appropriate action and may be subject to disciplinary action through the University judicial system. In general, students who violate federal, state, or local laws while off-campus will not be subject to University jurisdiction unless the clear and distinct interest of the University is involved or affected. Ordinarily, when such violations occur the University will not intervene and students would be answerable to civil authorities only. A decision that the University's interest is involved or affected by a violation of law will be based upon the relevance of one or more of the following elements:
1. the academic integrity of the University is violated
2. the maintenance of the University's program of higher education is jeopardized
3. the safety and welfare of persons and/or property in the University community are threatened.
This general policy does not in any way limit the application of more specific provisions pertaining to student conduct.
Under Executive Order 11246 as amended, all education institutions with federal contracts totaling $50,000 or more and having fifty or more employees must have a written Affirmative Action Plan, documenting "good faith" efforts to end discriminatory practices in employment. Copies of the University of Arkansas Affirmative Action Plan are available in the Office of Human Relations, ADMN 415.
The University is also covered by several other pieces of federal legislation which prohibit discrimination. These include TITLE VI of the Civil Rights Act of 1964, which prohibits discrimination against students or others on the grounds of race, color, or national origin in all institutions receiving federal monies by way of a grant, loan, or contract; TITLE VII of the Civil Rights Act of 1964 as amended, which prohibits discrimination in employment (including hiring, upgrading salaries, fringe benefits, and other conditions of employment) on the basis of race, color, religion, national origin, or sex in all institutions with fifteen or more employees; the Equal Pay Act of 1963 as amended, which prohibits discrimination in salaries (including almost all fringe benefits) on the basis of sex for employees in all institutions; TITLE IX of the Education Amendments of 1972 (Higher Education Act) which covers many issues dealing directly with students; i.e., admission, financial aid, housing, etc., and which provides that no person shall be discriminated against because of sex in any education program or activity that receives financial assistance; and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against qualified people with disabilities in any program or activity receiving Federal financial assistance; and, Titles I and II of the Americans with Disabilities Act of 1990, which extends federal civil rights protection to people with disabilities in employment and public services and transportation. Any questions regarding these issues can be referred to the Director of Human Relations, ADMN 415, 575-2158.
In the Spring of 1983 the Campus Council adopted a statement regarding discrimination which was amended in the Fall of 1991:
The Campus Council of the University of Arkansas, Fayetteville, does not condone dis-criminatory treatment of students or staff on the basis of age, disability, ethnic origin, marital status, race, religious commitment, sex, or sexual orientation in any of the activities conducted upon this campus. Members of the faculty are requested to be sensitive to this issue when, for example, presenting lecture material, assigning seating within the classroom, selecting groups for laboratory experiments, and assigning student work. The University faculty, administration, and staff are committed to providing an equal educational opportunity to all students.
The committee, appointed by the Chancellor of the University, recommends and reviews policies, procedures, and activities concerning human relations, affirmative action, and desegregation programs, and is responsible for the identification of discriminatory practices within the University and for recommending programs which alleviate discrimination and improve relations among students, faculty, and staff.
Membership consists of three faculty members; three students; three non-academic staff members; and, ex officio, the director of Personnel Services, the chairperson of the Campus Faculty, the President of the Associated Student Government, the Director of Human Relations, and a representative from the Office of Admission. For further information, contact the Director of Human Relations, ADMN 415, 575-2158.
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