Student Handbook - The College of St. Scholastica

Transcription

Student Handbook
2015-2016
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CSS Student Handbook
This is a draft of the CSS Student Handbook for 2016-17 school year.
It is official and final on Sept 6, 2016.
The College of St. Scholastica Student Code of Conduct, Judicial Procedures
and College Policy Library
The College of St. Scholastica is dedicated to academic achievement and personal development as exemplified in the Catholic
intellectual and Benedictine tradition. St. Scholastica expects each student to contribute to an environment in which all members of
the community have the freedom to develop spiritually, intellectually, socially, emotionally, and physically.
Choosing to be a part of the College of St. Scholastica means choosing to embrace the values of this institution. Our code of
conduct is a baseline of community standards. As a member of the CSS community, you are expected to strive to higher values
and expectations. Enact in every word and deed our Benedictine values of:
Community
Hospitality
Respect
Stewardship
Love of Learning
If there is a violation of the Code of Conduct or a concern within the community, it is through the lens of these values that we will
examine what has happened and make decisions about how to move forward, preferably in a way that repairs the community and
relationships within it. Disciplinary action is primarily viewed as an educational experience and an opportunity to repair and
strengthen relationships between individuals and the community, which takes place whenever a student's conduct interferes with
their own or others' ability to attain personal and educational goals, or violates the values of the community.
The College, like many educational institutions, is a living, changing thing that may not reasonably be expected to remain static.
The statements of College policies in this publication do not necessarily become a term of a contract between the College and the
student. The College reserves the right to modify its policies and requirements at any time. This handbook is intended only as a
general reference, and not as a full statement of College procedures and policies. This handbook is not intended to be a legal
contract, but a general statement of policies, to be applied by the College in its sole discretion. Final interpretation of these policies
lies with the Vice President of Student Affairs.
Student Rights and Responsibilities:
The College affirms the right of each student to:
Be free from discrimination on the basis of race, national origin, creed, religion, gender, sexual orientation, age, disability,
marital status, or status with regard to public assistance.
Experience free inquiry, expression and assembly.
Pursue his or her educational goals in an environment free of academic dishonesty.
Be secure in his or her person, residence, papers and effects against unreasonable surveillance, searches, seizure and to
be secure against harassment, discrimination, exploitation, and physical or sexual violence.
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be secure against harassment, discrimination, exploitation, and physical or sexual violence.
The student body shall have clearly defined means of participating in the formulation and application of institutional policy affecting
academic and student affairs. Students shall have the right to establish and elect a student government. The student press shall be
free of censorship and advance approval of copy. Its editors may develop their own policies, but it shall be explicitly stated on the
editorial page that opinions there expressed are not necessarily those of the College or of the student body.
Each member of the College community must be cognizant of the rights of others, and each person has the responsibility to respect
those rights. The institution functions on the basis of mutual responsibility to protect such rights. Students are both members of the
College community and citizens of the state of Minnesota. As citizens, students are responsible to the community of which they are
a part and the College neither substitutes for, nor interferes with, regular legal processes.
Jurisdiction:
The College jurisdiction and discipline may cover conduct and behavior of undergraduate, graduate, extended study, or online
students that occurs on or off College grounds, between St. Scholastica students, or at a College sponsored event that adversely
affects the College community and/or the pursuit of its objectives. Students are responsible for the standards of behavior of these
policies beginning with their first participation in a school sanctioned or associated event, activity, or class after first registration of
classes and will continue until graduation or official withdrawal from the College regardless of physical location.
Code of Conduct (Minimum Behavioral Standards)
Our community expectation is that all students will strive to live our values, be bold and Benedictine, in every word, thought and
deed. Our values are:
Community
Hospitality
Respect
Stewardship
Love of Learning
Our baseline minimum behavioral standards are outlined in our Code of Conduct. Please note that these are the minimum rules of
conduct and we expect students' behavior to meet or exceed these standards.
The College has found that the activities listed below are disruptive to the community and violate the rights or property of other
members of the community. Usually when there is a violation of the Code of Conduct, it is a violation of our CSS Benedictine
Values.
When a Code of Conduct violation has occurred, in addition to the specific behavior there will be a review identifying whether there
has been a violation of community, hospitality, respect, stewardship or an impediment to learning for any member of the
community. There has been no attempt to define all variations and interpretations of these standards, or to include every
regulation. It is also recognized that within each activity a wide range of severity is possible and any of the available disciplinary
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sanctions may be appropriate.
A. Academic misconduct, including but not limited to cases of plagiarism and dishonest practices in connection with
examinations.
B. Violation of Residential Life policies. (See the Residential Life Handbook).
C. Theft or other abuse of computers or computer access including, but not limited to, unauthorized entry into a file,
unauthorized use of another's password, or use of computer facilities to interfere with the normal operation of the College
computer system.
D. Sending harassing, threatening, or unwanted messages to any member of the community by any means, including those
accessed through technology systems. This includes, but is not limited to: email, social media sites, texting, etc.
E. Bullying, which includes systematically, chronically and/or intentionally inflicting physical hurt or psychological or emotional
distress on one or more students, faculty or staff and may involve verbal, written or physical expressions intended to
demean, dehumanize, embarrass, humiliate, taunt, threaten or intimidate. Bullying may be carried out using any electronic
communication device through means including, but not limited to, e-mail, instant messaging, text messages, blogs, mobile
phones, pagers, online games, websites or social media.
F. Bias incidents, which include single or multiple acts of verbal, written, electronic or physical expressions of disrespectful
bias, hate, intimidation, or hostility against an individual, group or their property because of the individual or group's actual or
perceived race, color, creed, religion, gender, age, ethnicity, national origin, disability, veteran-status, marital status, gender
identification, sexual orientation, or socio-economic status. Expressions may be in the form of language, words, signs,
symbols, threats, or actions that could potentially cause alarm or fear in others or that endanger the health, safety, and
welfare of members of the campus community.
G. Threatening or inflicting physical or psychological harm upon any person. This includes, but is not limited to interpersonal
violence, sexual violence, sexual assault, sexual harassment, intimate partner violence, domestic violence, dating violence or
stalking.
H. Attempt or actual theft of and/or damage to property of the College or property of a member of the College community or
other personal or public property.
I. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other College activities on or off
campus including authorized non-College activities on college facilities.
J. Trespassing or unauthorized entry into a building, facility, or room, including student residences.
K. Unauthorized possession, use, or creation of a key for a building or room of the College without expressed and authorized
permission.
L. Knowingly providing to a College employee (including Resident Assistants) written or oral information that is false or
misleading including providing a false ID card.
M. Failing to produce identification upon reasonable request of a College employee.
N. Flagrent disrespect of persons or community or inflicting of harm.
O. Misuse, unhealthy, or unauthorized use of alcoholic beverages as defined by the Alcohol Policy. This includes elements of
possession, consumption, and furnishing of alcoholic beverages. (see Alcohol Policy).
P. Unlawful manufacture, distribution, possession, or use of illegal drugs or other controlled substances. This includes
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P. Unlawful manufacture, distribution, possession, or use of illegal drugs or other controlled substances. This includes
possession of paraphernalia except as expressly permitted by law. (See Drug Policy)
Q. The possession or carrying of a dangerous weapon or firearm, fireworks or dangerous chemicals is prohibited on all
property owned, leased, or occupied by the College. (See Weapons Policy)
R. Abusive or disorderly behavior on any campus site or at a College sponsored event.
S. Hazing, defined as committing an act against a student, or coercing a student into committing an act that endangers the
mental or physical health or safety of a person in order for the student to be initiated into or affiliated with a student group or
organization.
T. Misuse or unsafe operation of motor vehicle violating regulations of the College.
U. Incurring financial obligations on behalf of the institution without proper authorization.
V. Misuse, abuse or tampering with alarm systems, safety equipment including fire extinguishers, or operating systems of
College facilities and/ or failure to promptly follow safe evacuation procedures.
W. Unauthorized or unsafe use of fire including candles, campfires, incense, etc.
X. Violations of federal, state, or local law on College premises or at College sponsored or supervised activities.
Y. Gambling for money or other things of value, except as permitted by law and authorized by the College.
Z. Abuse of the College's Judicial System, including but not limited to: failure to obey an official summons of the College,
misrepresentation of information, interference with judicial proceedings or an individual's participation in the judicial process,
or harassment or intimidation of a person involved in or connected to an investigation or hearing.
Disciplinary Procedures, Conduct Hearing and Process Guidelines
This process is set up to provide a level of fundamental fairness for all parties involved. Please note that this is the judicial process
that will be followed unless the process is explicitly outlined differently in a specific policy statement, such as the Alcohol Policy.
Step 1:
Reporting of Charges:
Any member of the College community may make a report or make a charge against any student for misconduct. Charges shall be
prepared in writing and directed to the Dean of Students or Assistant Dean of Students. Verbal reports may be made in certain
circumstances such as sexual assault, with the approval of the Dean of Students. Students at extended sites, or online programs
should submit their written charges to their site director and/or online advisor, who will assist the Dean of Student's office with the
process of resolution. Any charges should be submitted as soon as possible after the event takes place, preferably within seven
days. This time limit may be extended at the discretion of the Dean of Students.
We expect that all reports are made in good faith. Information about behavior that is concerning should be brought forth. Because
we are a community that values respect, we ask that any accusation or information be reported in good faith. In some cases, the
information or accusation cannot be substantiated. The failure to substantiate an account does not qualify as a violation of the
Code of Conduct. It is only a violation of the Code of Conduct if the accusation or information is deemed an intentional
misrepresentation, given maliciously, or reported not in good faith.
Amnesty Statement: When a violation is reported in good faith, other lesser violations may not be charged. For example, if
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someone reports a sexual assault and underage drinking was involved, the reporting student probably will not be held
accountable in our judicial system. Concerns about health and safety may still be acted upon. We do not want concern about
lesser charges to hinder someone's decision to report a violation.
Step 2: Review and/or Investigation
Upon receiving the charges, the Dean of Students (or designee) reviews the incident or conducts an investigation to determine
whether the charges have merit. In cases of sexual assault, the sexual assault investigation team conducts the investigation. In
cases of intimate partner violence and stalking investigators appointed by the Dean of Students conduct the investigation.
Interim Action: As a general rule, the status of a student shall not be altered until the charges brought against the student
have been adjudicated. Experience has shown, however, that prompt and decisive disciplinary action may be required in
extreme cases before there is an opportunity to conduct a hearing. The College has the right to respond reasonably, in light of
known circumstances to ensure the safety and pursuit of learning of all members. Examples of cases that may warrant
interim action include those in which a student's continued presence on campus or in an academic program may constitute
an immediate threat of injury to property or members of the College community, or the orderly functioning of the College.
Interim actions may include, but are not limited to, interim suspension from housing or the college, "stay away" or no-contact
orders or a change in academic schedule. The Dean of Students or designee has the authority in such cases to take interim
action. The imposition of interim suspension shall entitle the suspended student to a prompt hearing.
Step 3: Judicial Hearing
If it is deemed that charges do have merit, the following options exist for hearing and reviewing the information of the case,
deciding responsibility, and assigning appropriate sanctions.
JUDICIAL HEARING PROCESS OPTIONS:
These processes are set up to provide a level of fundamental fairness for all parties involved. Decisions will be made based on a
preponderance of evidence (whether something is more likely than not to have happened).
Mutual Consent/ Restorative Mediation Option:
After a meeting with the parties involved, a resolution is determined by mutual consent on a basis acceptable to the dean of
students or designee. Such disposition shall be final and there shall be no opportunity for an appeal. NOTE: Mutual
Consent/Restorative Mediation Options are not appropriate in cases of reported sexual assault, intimate partner violence or
stalking. Therefore, these cases are automatically excluded from this option even if requested by the reporting student.
If a disposition cannot be reached to the satisfaction of the Dean of Students (or designee), a formal hearing a will be conducted.
In such cases the student will be notified in writing as to the charges and the time and place of the formal hearing. No serious
disciplinary sanctions may be imposed upon any accused person without written notice to the accused of the nature and cause of
the charges and a full and formal hearing of those charges (for exceptions refer to interim suspension). Mutual Consent/
Restorative Mediation meetings will be organized by the Dean of Students or Assistant Dean of Students with collaboration of site
directors and/or program advisors for extended studies and online students.
Formal Hearing Option:
The purpose of a formal hearing is to determine if a person(s) is more likely than not to be responsible for the actions/behavior in
question, and from there determine appropriate sanctions. A formal hearing shall include the right to confront witnesses against the
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accused, the opportunity to share one's own perspective and perception of events, and to respond to the charges of the Code of
Conduct. In the case of sexual assault, intimate partner violence or stalking, the reporting student has the option to be present at
all formal hearings and has the right to be notified within 24 hours of any decision made by the dean of students or Judicial Panel.
A. Residence Life Judicial Board Hearing: For many violations that occur in the realm of campus and residential life, the
case will be heard by either a member of the Residence Life professional staff, or a small panel consisting of Residential Life
staff, Resident Advisors, and/or trained residential students. This includes violations of the alcohol policy and other
community based violations. These Conduct board decisions about responsibility and sanctions will be made as a
recommendation to the Assistant Director or Director of Residence Life who will make the final decision. Appeals can be
made to the Dean of Students Office. See below for appeal process.
B. Formal Hearing before the Dean of Students. The Dean of Students, assistant dean of students, or designee shall
conduct a formal hearing on the charges to determine whether a person(s) is more likely than not to be responsible for the
actions/behavior in question, and from there determine appropriate sanctions. This hearing option may include other staff at
the discretion of the Dean of Students. Sexual assault, intimate partner violence, stalking and other cases deemed by the
Dean of Students to require privacy will use this option.
C. Formal Hearing before the Judicial Panel. The Judicial Panel is activated at the discretion of the Dean of Students, or
through a written request from the accused (with the exception of cases of sexual and gender based misconduct). The
Judicial Panel will determine whether it is more likely than not that a violation of the code of conduct has taken place and
recommend to the Dean of Students the sanction, in the case of violation. Formal hearings for extended sites and online
students maybe adjudicated with direction from the Dean of Students by appropriate staff in these programs.
The Judicial Panel will consist of at least one faculty member, one staff member and one student drawn randomly from a
pool appointed by the Vice President of Academic Affairs (faculty) and the Vice President of Student Affairs (staff). The Dean
of Students or designee will serve as chair and vote in the case of a tie. The accused student and the reporting student each
has veto power over one student and one faculty/staff on the Judicial Panel. This should be exercised only to address
concerns about conflict of interest.
Judicial Process and Protocol
CSS judicial processes will determine whether it is likely that a violation of the code has taken place (more likely than not) and
determine the sanction in the case of a violation. Proceedings before any of the judicial hearing options (listed above) will follow
these guidelines:
Hearing will be conducted in private setting.
Admission of any person to the hearing shall be at the discretion of the Judicial Panel, Judicial Board, the Dean of Students
or esignee of the Dean of Students.
In a hearing involving more than one accused student, the chair of the Judicial Panel/ Board, in his or her discretion, may
permit the hearing concerning each student to be conducted separately.
The reporting student and/or the accused student is/are responsible for presenting his or her own case. The reporting
student and/or the accused student have the right to have one person attend the hearing with them to provide emotional
support during the hearing. Therefore, other persons attending besides the accused student(s) and reporting student(s) are
not permitted to speak or participate directly in any hearing before the panel.
The reporting student, the accused student, and the Judicial Panel/Board shall have the privilege of presenting witnesses.
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The reporting student, the accused student, and the Judicial Panel/Board shall have the privilege of presenting witnesses.
Pertinent records, exhibits, and written statements such as duty logs, security reports, and investigation notes may be
accepted as evidence for consideration by the panel/board at the discretion of the chair. Previous violations may not be
introduced as evidence for decisions about responsibility. Previous Code of Conduct violations may be considered for
sanctioning recommendations and decisions. All procedural questions are subject to the final decision of the chair of the
panel/board.
After the hearing, the panel/board shall determine by majority vote whether the student has violated those specific sections
of the Student Code that the student is charged with violating.
The panel/board/Dean of Students determination shall be made on the basis of whether it is more likely than not
(preponderance of evidence) that the accused student violated the Student Code.
If the determination is that a violation has occurred, the panel/board will recommend the sanction(s) to the Dean of Students
or designee. Previous violations may be taken into account in determining the sanctions. The student will be given written
notice of the decision of the Judicial Panel/Board and the Dean of Students. In cases of sexual assault, intimate partner
violence and stalking, the reporting student also will receive notice of the sanctions.
Minutes taken of the proceedings are filed in the office of the Dean of Students and/or Vice President of Student Affairs.
The record shall be the property of the College.
Except in the case of the student's being charged with failing to obey the summons of the dean of students or Judicial
Panel/Board, no student may be found to have violated the Student Code solely because the student failed to appear
before the Dean of Students/Judicial Panel/Board. In all cases, the evidence in support of the charges shall be presented
and considered with or without the presence of the accused.
Sanctions: (Note: for information about interim action/interim sanctions see above)
1. One or more of the following sanctions may be imposed upon any student found to have violated the student code of conduct:
a. Assessment or Education: A student is required to seek an assessment or participate and complete activities on campus
or within a community agency, and follow the recommendation of that agency (i.e. complete any recommended course or
action or program). The student must allow the agency to notify the dean of students, in writing, of compliance. Any costs
associated will be the responsibility of the student.
b. Warning: A notice in writing to the student that the student is violating or has violated institutional regulations. A warning
also should be understood to mean that further code of conduct violation (especially one of a similar nature) may result in
more serious sanctions.
c. Probation: A written reprimand for violation of specified regulations. Probation is for a designated period of time and
includes the high probability of more severe disciplinary sanctions if the student is found to be violating any institutional
regulations during the probationary period.
d. Loss of Privileges: Denial of specified privileges for a designated period of time. This includes use of CSS student
technology if it has been used in the violation.
e. Fines: Appropriate or previously established and published fines may be imposed.
f. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or
material replacement.
g. Discretionary Sanctions: Work assignments, service to the College or other related discretionary assignments.
h. Campus Housing Suspension: Separation of the student from the residence halls for a definite period of time, after
which the student is eligible for return. Conditions for readmission may be specified.
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i. Campus Housing Expulsion: Permanent separation of the student from the residence halls.
j. College Suspension: Separation of the student from the College for a definite period of time, after which the student is
eligible to return. Conditions for readmission may be specified.
k. College Expulsion: Permanent separation of the student from the College.
Other than expulsion, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become
part of the student's confidential record. Upon graduation, the student's confidential record may be expunged of disciplinary actions
other than college and/or housing expulsion.
Appeal Proceedings:
Students directly involved in the case may appeal the decision or the sanction imposed by the Residential Life Judicial
Board/Residential Life Director, Dean of Students, their designee or the Judicial Panel to an Ad Hoc Committee of faculty, staff,
and students selected by the Vice President of Academic Affairs, and the Vice President for Student Affairs. The appeal must be
filed in writing to the Dean of Students within seven (7) calendar days of the decision. The appeal will be scheduled within 14
calendar days of the filing. Sanctions determined by the original hearing will be upheld until the appeal process has been
completed.
Appeal proceedings before the Ad Hoc Appeal Committee shall be conducted in private and the proceeding kept confidential.
Admission to the proceedings shall be at the discretion of the chair of the Ad Hoc Appeal Committee. However, open hearings may
be held by mutual agreement between the accused and the committee, except in cases of sexual assault, intimate partner violence
and stalking.
In all cases of sexual assault, intimate partner violence and stalking, any appeal will be heard by a standing appeal committee of
four selected from a pool of eight trained faculty and staff members.
Grounds for Appeal
Appeals can be made only on the following grounds and the written request for the appeal must indicate upon which grounds the
appeal will rest (i.e. which of the following is the reason you are asking for the appeal.) An appeal shall be limited to review of the
verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
a. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in
conformity with prescribed procedures giving the party a reasonable opportunity to prepare and present evidence that the
student code of conduct was violated, and giving the accused student a reasonable opportunity to prepare and to present a
rebuttal of those allegations.
b. To determine whether the decision reached regarding the accused student was based on substantial evidence; that is
whether the facts in the case were sufficient to establish that a violation of the Student Code more likely than not occurred.
c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student
was found to have committed.
d. To consider new evidence (sufficient to alter a decision) or other relevant facts not brought out in the original hearing,
because such evidence and/or facts were not known or reasonably discoverable by the person appealing at the time of the
original hearing.
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The Dean of Students or Vice President of Student Affairs will review the request for appeal to determine whether the appeal has
merit. Appeals of decisions made by Residential Life Conduct board/Residence Life Director will be reviewed by Dean of Students.
Appeals of decisions made in a formal hearing process with Dean of Students will be reviewed by the Vice President of Student
Affairs. If the appeal has merit based on the grounds listed above, the following guidelines for appeal will be followed:
The appeal will be subject to the following rules:
If an appeal is upheld by the Ad Hoc Appeal Committee, the matter may be remanded to the original Judicial Panel, dean
of students or designee for re-opening of the hearing to allow reconsideration of the original determination and/or sanction.
In cases involving appeals by students accused of violating the Code of Conduct, review of sanction by the Ad Hoc Appeal
Committee may not result in more severe sanction(s) for the accused student. Instead, following an appeal, the dean of
students/Judicial Panel may, upon review of the case, reduce, but not increase, the original sanction imposed.
In cases involving appeals by persons other than students accused of violating the Code of Conduct, the Ad Hoc Appeal
Committee may, upon review of the case, reduce or increase the sanctions imposed by the dean of students/Judicial Panel
or remand the case to the Dean of Students/Judicial Panel/board.
If there are any changes to the sanctions due to an appeal process in cases of sexual assault, intimate partner violence or
stalking, the victim/survivor will be notified of any changes to sanctions.
Grievance Procedure Against Student Organizations:
Recognized student organizations in violation of College policies are subject to probation, revocation of recognition, or other
disciplinary action through the dean of students.
Questions about these guidelines or requests for additional information should be referred
to the Dean of Students, Tower Hall 2142, 723-6029.
Violations of Law and College Discipline:
College disciplinary proceedings may be instituted against a student charged with violation of a law that is also a violation of this
Student Code, for example, if both violations result from the same factual situation without regard to the pendency of civil litigation
in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out before, simultaneously with,
or after civil or criminal proceedings off campus.
If a student is charged only with an off-campus violation of federal, state, or local laws but not with any other violation of this Code,
disciplinary action may be taken and sanctions imposed for grave misconduct that demonstrates flagrant disregard for the College
community and its values. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law
or has declined to contest such charges. Interim action may be taken while legal proceedings are in process.
Academic Honesty Policy and Dishonesty Procedures
Policy:
Academic honesty and integrity are highly valued at The College of St. Scholastica. Academic dishonestly seriously violates the
integrity of the academic enterprise and will result in academic penalties up to and including dismissal from the College.
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Definition:
Academic dishonesty can include misrepresentation of the work of others as one's own; dishonesty in testing; violating authorized
guidelines established by instructors for individual assignments; sabotaging or damaging the work of others; or engaging in
dishonesty in other academic work.
Collaborative Work:
Faculty should make clear the degree of cooperation that is authorized for group projects as well as what behaviors constitute
academic dishonesty within group work. Students are responsible for asking faculty for clarification in any unclear situation.
Reporting Academic Dishonesty:
If a faculty member has determined that a student has been academically dishonest, the violation must be reported to the chair of
the course department, the dean of the school in which the course is offered, and the Vice President for Academic Affairs (VPAA).
Penalties:
The minimum penalty to be applied by a faculty member for academic dishonesty within a course shall be failure of the assignment
or test and the maximum penalty shall be failure of the course. In addition to the course-level sanction, a department may deny
admission to or dismiss from a program a student who has engaged in academic dishonesty. The VPAA may impose additional
requirements (such as counseling or remediation) or additional sanctions, up to and including dismissal from the College, even on
the first instance of academic dishonesty.
Appeals:
Students who believe they have been treated unfairly related to academic dishonesty should follow the College's established
academic appeal procedure.
Academic Dishonesty Procedure:
When a student is suspected of academic dishonesty, the instructor who teaches the course, or, when the academic dishonesty is
unrelated to a particular course, the department chair or director of the student's program (collectively, the "College
representative"), has the authority to initiate academic dishonesty proceedings against the student.
The College representative shall engage in a conversation with the student to advise him or her of the allegation and to learn of the
student's response to the allegation. The conversation can occur face-to-face or through the use of communication technology.
When a student fails to respond to a faculty request for such a conversation, the faculty member will form a judgment without the
benefit of the student's viewpoint.
If the College representative concludes that the student was academically dishonest, he or she will apply an appropriate penalty
(see "Penalties" section above) and will make a written (email is acceptable) academic dishonesty report that includes the following:
1. the nature of the academic dishonesty;
2. the academic sanction being imposed;
3. the student's right to appeal;
4. the individuals to whom the letter is being distributed;
5. a statement that the VPAA has the authority to impose an additional academic sanction, within 15 working days of the date
on the letter, if the VPAA believes that such a sanction is warranted when the student's academic dishonesty is
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on the letter, if the VPAA believes that such a sanction is warranted when the student's academic dishonesty is
considered in the context of the student's prior academic record;
6. and a statement that the VPAA has the authority to share the academic dishonesty information with the Dean of Students
and the Vice President for Students Affairs to determine whether additional disciplinary action should be taken based on
the student's prior social behavior record at the College.
ACADEMIC APPEALS PROCEDURE
Grounds for Appeal:
The academic appeal procedure is a process designed to address an academic situation the student perceives as unfair or unjust.
It is not a process to be used when there is dissatisfaction with a grade or to obtain a grade change. For information on
non-academic grievances, refer to the relevant sections of the Student Handbook.
Administrative Appeal:
The student should try to resolve the situation by discussing it with the following people in the order listed below, beginning,
whenever possible, with the faculty member or administrative official involved in the situation. Should a student be concerned that
approaching the involved faculty member or administrative official could result in retaliation or otherwise harm his or her career at
the College, the administrative appeal may begin at the next level in the list below (if the student bypasses a level, the reason for
the bypass must be discussed with the administrator at the next level).
The procedure would halt at any point that satisfaction has been reached. If the administrative path for the appeal is unclear, the
student should consult with the VPAA for clarification.
1. Course Faculty
2. Program coordinator or director if applicable
3. Department chair
4. Dean of the school in which the department or program resides
5. Vice President for Academic Affairs
The student may request that another student or a faculty or staff member be present to provide support when working through the
administrative appeal. The third party role is to provide support for the student, not to engage in dialogue with the administrative
official. The central conversation about the matter should occur between the student and the administrative official.
Administrative officials who are involved in administrative appeals are expected to seek information from the involved parties and
to attempt to negotiate solutions that are satisfactory to all parties, consistent with the College's policies and procedures and with
appropriate attention to academic integrity.
Formal Appeal:
If, after discussion with the people listed above, the issue has not been resolved, the student may file a written appeal with the
Vice President for Academic Affairs.
Upon receipt of the written appeal, the Vice President for Academic Affairs will contact the chair of the Faculty Assembly (for
undergraduate appeals) or the Graduate Council (for graduate appeals) to select three faculty members, and the Vice President of
Student Affairs to select two students to serve on an appeal panel; for undergraduate appeals the students will be undergraduates
and for graduate appeals the student will be graduate students. One student and two faculty members will be from the academic
school concerned; the other student and faculty member will be from other schools. The Vice President for Academic Affairs will
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set up the first meeting of the panel and notify the involved student and the faculty member(s).
Time Limits:
An administrative appeal must be initiated by the student within one month of the end of the semester in which the incident
occurred. The formal appeal must be initiated within one month of completion of the administrative appeal process. Upon receipt of
the written formal appeal, the appeal panel shall be formed within one week. The appeal panel shall meet within two weeks of
being formed to be presented with the appeal. A hearing that includes the student and faculty member will be scheduled as soon
as practicable thereafter.
Student Responsibility:
The student should clearly and concisely describe the incident and state the reason for the appeal. Any supporting materials should
be given to the panel members and to the faculty member(s) through the Vice President of Academic Affairs before to the first
meeting of the panel.
Faculty:
Any written documentation that the faculty member(s) wish to present to the panel should be given to the panel and the student
through the Vice President for Academic Affairs before to the first meeting of the panel.
Panel:
1. At the first meeting of the panel, the Vice President for Academic Affairs will review the responsibilities and limits of the
appeal panel and distribute any written materials from the student and the faculty member(s). The panel should then
choose a chair and secretary. A hearing will take place at a subsequent meeting.
2. At the hearing, the student will present the concern. The student may ask to have a student advocate or another person
present as a supporter/advisor. This request should be made before the meeting. Because this is a student initiated
process within the College, it is not usual to have legal counsel present. If an exception is to be made, it should be
arranged with the Vice President for Academic Affairs before to the panel meeting.
3. At the hearing, the panel will give the faculty member(s) an opportunity to respond to the accusation of unfairness or
injustice. The faculty member(s) may invite the department chair or dean of the school to be present for this panel meeting.
If the student has arranged for legal counsel, the faculty member(s) may also have legal counsel present. Legal counsel
shall not be permitted to examine or to cross-examine anyone present. The Vice President for Academic Affairs will also be
present as a resource for procedural questions.
4. At the hearing, the panel will ask questions and receive clarification of the issue from the student and faculty member(s), all
of whom are present for presentation and clarification.
5. After the hearing, the panel will meet alone to discuss the issue. The primary responsibility of the panel is to determine
whether an injustice was done.
6. To maintain confidentiality the panel will seek, through the Vice President of Academic Affairs, any additional information
needed to arrive at a decision.
7. The decision will be communicated to the Vice President of Academic Affairs who will relay the final decision to the student
and faculty member(s). If and only if the panel members decide there was an injustice, they may suggest options for
follow-up action to the Vice President for Academic Affairs.
8. Detailed minutes of the panel proceedings should be kept by the secretary and filed in the office of the Vice President for
Academic Affairs.
13
9. All deliberations of the panel are held in confidence. Panel members and anyone present at the meeting(s) should respect
this confidentiality.
10. Decisions of the panel are binding.
Academic Program Policies and Registration Procedures
Please note that it is very important to review the policies and procedures of your particular major or course of study by reviewing
the Academic Course Catalogue.
Undergraduate Catalog
Graduate Catalog
Class Attendance:
Only registered students may participate in classes. Students are expected to be responsible for their educational progress by
attending classes regularly, participating during class sessions, and completing required work outside the classroom. Specific
attendance requirements are set by instructors. Students in online courses are expected to participate regularly in the specified
course activities. Students receiving veteran's benefits are expected to attend all scheduled classes. Students are encouraged to
discuss any attendance issues with their faculty member or an academic advisor.
Communications:
CSS e-mail is the official means for information exchange among St. Scholastica offices. It is your responsibility to check your St.
Scholastica e-mail account regularly.
Changing Registration:
Students may drop a course during the first two weeks of a semester without that drop being officially recorded. However, the
instructor and the advisor must sign all drops after the third day of the term. Through the ninth week, students may withdraw from
individual courses but a grade of W will be entered on the students' records. No drops or withdrawals are permitted after the ninth
week of a semester unless there are circumstances beyond the control of the student that prevented an earlier, timely drop or
withdrawal. In no circumstances will drops or withdrawals be permitted after the close of the fiscal period in which the course was
held. Drop and withdrawal deadlines for courses that begin or end on nonstandard dates will be set by the Registrar, but the drop
and withdrawal intervals will be proportional to intervals for a full academic semester.
Once registered for a semester, students may add additional courses to their enrollment until the end of the second week, with
instructor permission. No additions will be permitted after the second week. Students who are registered for a class but who do not
attend the class by the end of the second week, will be dropped from the class list.
The forms to be completed for dropping, withdrawing from, or adding classes are available on the One Stop tab in Cor under
Important Forms.
Withdrawal Policy:
Any student who withdraws from the College during the course of the academic year holds an exit interview with the dean of
students or a similar official at extended sites or for online programs. A student is legally registered until he/she files an official
withdrawal or completes the period of registration. Enrollment certifications and refunds are based upon two documents: the official
14
registration form and official withdrawal form. A student who has left the College while in good standing may reenter at any time by
simply following the designated readmission and registration procedures.
No withdrawals are permitted after the ninth week of the traditional semester or the fifth week of the Extended Studies term. From
the first day of classes until the ninth week of the semester or the fifth week of the Extended Studies term, withdrawals and
subsequent refunds follow the Course Drops and Withdrawals Policy.
Appeals for withdrawals after the ninth week of the semester or the fifth week of the Extended Studies term are considered only
under the following circumstances:
1. Institutional error (student was never here; not withdrawn; financial aid and/or registration problems).
2. Medical circumstances (non-routine, serious medical concerns; documentation required).
3. Family emergency (specific written explanation required).
4. Unusual circumstances (specific written documentation required).
Each request will be submitted to the dean of students or to a similar official at extended sites or for online programs, who will refer
the case with the dean of students. All decisions of the dean are final.
Academic Appeal Procedure:
Grounds for Appeal
The academic appeal procedure is a process designed to address an academic situation the student perceives as unfair or unjust.
It is not a process to be used when there is dissatisfaction with a grade or to obtain a grade change. For information on
non-academic grievances, refer to the relevant sections of the Student Handbook.
Administrative Appeal
The student should try to resolve the situation by discussing it with the following people in the order listed below. The procedure
would halt at any point that satisfaction has been reached. If the administrative path for the appeal is unclear, the student should
consult with the VPAA for clarification.
1. Course Faculty
2. Program coordinator or director if applicable
3. Department chair
4. Dean of the school in which the department or program resides
5. Vice President for Academic Affairs
Formal Appeal
If, after discussion with the people listed above, the issue has not been resolved, the student may file a written appeal with the
Vice President for Academic Affairs. Upon receipt of the written appeal, the Vice President for Academic Affairs will contact the
chair of the Faculty Assembly (for undergraduate appeals) or the Graduate Council (for graduate appeals) to select three faculty
members, and the Vice President of Student Affairs to select two students to serve on an appeal panel; for undergraduate appeals
the students will be undergraduates and for graduate appeals the student will be graduate students. One student and two faculty
members will be from the academic school concerned; the other student and faculty member will be from other schools. The Vice
President for Academic Affairs will set up the first meeting of the panel and notify the involved student and the faculty member(s).
Time Limits
15
occurred. The formal appeal must be initiated within one month of completion of the administrative appeal process. Upon receipt of
the written formal appeal, the appeal panel shall be formed within one week. The appeal panel shall meet within two weeks of
being formed to be presented with the appeal. A hearing that includes the student and faculty member will be scheduled as soon
as practicable thereafter.
Student Responsibility
The student should clearly and concisely describe the incident and state the reason for the appeal. Any supporting materials should
be given to the panel members and to the faculty member(s) through the Vice President of Academic Affairs before to the first
meeting of the panel.
Faculty
Any written documentation that the faculty member(s) wish to present to the panel should be given to the panel and the student
through the Vice President for Academic Affairs before to the first meeting of the panel.
Panel
1. At the first meeting of the panel, the Vice President for Academic Affairs will review the responsibilities and limits of the
appeal panel and distribute any written materials from the student and the faculty member(s). The panel should then
choose a chair and secretary. A hearing will take place at a subsequent meeting.
2. At the hearing, the student will present the concern. The student may ask to have a student advocate or another person
present as a supporter/advisor. This request should be made before to the meeting. Because this is a student initiated
process within the College, it is not usual to have legal counsel present. If an exception is to be made, it should be
arranged with the Vice President for Academic Affairs before to the panel meeting.
3. At the hearing, the panel will give the faculty member(s) an opportunity to respond to the accusation of unfairness or
injustice. The faculty member(s) may invite the department chair or dean of the school to be present for this panel meeting.
If the student has arranged for legal counsel, the faculty member(s) may also have legal counsel present. Legal counsel
shall not be permitted to examine or to cross-examine anyone present. The Vice President for Academic Affairs will also be
present as a resource for procedural questions.
4. At the hearing, the panel will ask questions and receive clarification of the issue from the student and faculty member(s), all
of whom are present for presentation and clarification.
5. After the hearing, the panel will meet alone to discuss the issue. The primary responsibility of the panel is to determine
whether an injustice was done.
6. To maintain confidentiality the panel will seek, through the Vice President of Academic Affairs, any additional information
needed to arrive at a decision.
7. The decision will be communicated to the Vice President of Academic Affairs who will relay the final decision to the student
and faculty member(s). If and only if the panel members decide there was an injustice, they may suggest options for
follow-up action to the Vice President for Academic Affairs.
8. Detailed minutes of the panel proceedings should be kept by the secretary and filed in the office of the Vice President for
Academic Affairs.
9. All deliberations of the panel are held in confidence. Panel members and anyone present at the meeting(s) should respect
this confidentiality.
10. Decisions of the panel are binding.
Incomplete Policy:
An incomplete "I" may be assigned by the instructor at his/her discretion at the end of a term. A limit is placed on the length of time
16
An incomplete "I" may be assigned by the instructor at his/her discretion at the end of a term. A limit is placed on the length of time
that "I" may stand on the student's record unless extended by the instructor. That limit is the 10th week of the subsequent term,
excluding summer terms. The temporary grade "IP" is awarded when a course is designed to continue beyond the boundaries of an
academic term. The instructor will change "IP" grades to "F" if the coursework is not completed within the time agreed upon by the
student and the instructor.
Leave of Absence (Voluntary):
Students who plan not to attend for one term or more are required to request and document an official Leave of Absence (LOA)
with their advisor before that term. Students with an approved leave of absence need not apply for re-admission as a new student
(i.e. meet admission standards) when they return, provided that they return within the two year time limit. Students returning after
two year (six terms) must reapply to the program and follow new degree requirements, if applicable.
Related policy: Behavioral Leave of Absence and Readmission Policy
Application to Major/Minor:
Students must officially file an application to major or minor with their major department on the OneStop tab in Cor under Important
Forms.
Application to Graduate:
All students must complete an application to graduate form three months before their anticipated graduation. These forms are
available on the OneStop tab in Cor under Important Forms.
Banner Web Registration:
Each student is responsible for personally registering for courses through Banner Web Registration. Refer to the One Stop tab in
Cor for registration timeline. Please register in a timely manner. Failure to do so may result in delayed course progress due to
closed/canceled courses. If you do not register, please file a Leave of Absence form with your advisor before the start of the term.
Instructions for Banner Web registration can be found on the College Web site.
Alcohol Policy
Philosophy:
The goal of The College of St. Scholastica is to create an environment in which both the responsible use and nonuse of alcoholic
beverages are respected and in which the lines existing between responsible drinking, problematic drinking and abuse are
recognized. Within the Benedictine tradition of hospitality, the College seeks to foster a healthy environment and one in which all
people can pursue healthy, respectful relationships with oneself and others, and are able at all times to embrace and live the value
of Love of Learning. The College supports those who choose a lifestyle free of chemicals and offers support to those in recovery
through our CLEAN program and WELLU via support groups on campus as well as ongoing programming.
Statement of Alcohol Use:
Students who are 21 years of age are, by state law, allowed to drink alcoholic beverages; however, we grant that right on our
campus only to those who also adhere to and uphold the Benedictine values of Community, Hospitality, Respect, Stewardship and
17
campus only to those who also adhere to and uphold the Benedictine values of Community, Hospitality, Respect, Stewardship and
Love of Learning.
As an independent educational institution, The College of St. Scholastica extends the same right to members of the campus
community who are of legal drinking age under strict conditions. Minnesota statutes section 340A.101 (2) and Duluth City Code
Division 2, subdivision 1, section 8-13 defines "alcoholic beverage" as any beverage containing more than one-half of 1 percent
alcohol by volume.
Inappropriate behavior usually falls into a violation of one of the Benedictine values: a failure to live well in community, a violation
of hospitality, respect, stewardship, or a hindrance on the ability to learn well. This includes actions both on and off campus that
violate the rights or property of others as defined by the Jurisdiction statement in the Code of Conduct in this handbook. Behavior
after consumption of alcoholic beverages that violates College policy and/or state law will be considered an offense subject to
review by the Code of Conduct for Students.
The College is committed to providing resources, counseling, education and other opportunities for responsible use to all students.
On-campus counseling, support and information regarding alcohol or other drug concerns for oneself or a friend are available
through the Student Center for Health and WellBeing (hyperlink their website) in Tower 2150, (218) 723-6085. The RESTORE
(Reinforcing and Empowering Students to Overcome Restricted Experiences) team is available on campus to provide additional
support and guidance to navigate through the choices of college life.
Use Guidelines:
The College allows absolutely no public consumption of alcohol, except at approved College events. Events involving students with
alcohol must be approved by Dean of Students or their designee. Alcoholic beverages may be used in private rooms of the student
apartments by those of legal age. Somers Residence Hall is an alcohol-free building for residents and guests regardless of age.
Alcohol is not allowed in any classroom setting. The College reserves the right to determine whether the use of alcoholic beverages
in residential apartments by those of legal age is excessive or its use violates (by pattern or in a single incident) our Benedictine
Values to the point where appropriate sanctions may be applied.
Alcohol Policies:
Hosting
Bulk dispensing of alcohol is prohibited. This may include, but is not limited to kegs or mass quantities of alcohol.
Any container(s) along with any taps will be seized by school personnel and not returned to the residents.
Distribution to minors is prohibited.
Delivery of alcoholic beverages to students on campus is prohibited. Alcohol cannot be sold (e.g., selling cups,
asking for donations, etc.) anywhere on campus except in cases of a College sanctioned event.
For violations of the hosting policy in campus residences, anyone on a housing contract can be held responsible
and therefore in violation of the hosting policy, regardless of age or presence.
Presence
Breathalyzer/No Consumption under the age of 21: If a student has not consumed alcohol, as proven by a
breathalyzer test from a College official, no alcohol consumption violation will be recorded, regardless of age.
Please note other Code of Conduct violations may apply. It is the student's responsibility to request the
breathalyzer. Students who have not consumed alcohol or are over 21 will still be included on the incident
18
documentation as witnesses, with the potential for follow-up.
No breathalyzer under the age of 21: If a student is under the age of 21 and does not take the breathalyzer, the
student(s) in presence of alcohol will be cited for underage consumption and any other applicable citations.
Roommates over 21: When a person who is not of legal drinking age is in their own residence with a roommate who
is of legal drinking age, the underage student may be present if alcohol is being consumed. The person under the
age of 21 may not consume alcohol.
Consumption
Underage Consumption: Students not of legal drinking age found consuming alcohol on campus at any time will be
in violation of the alcohol consumption policy.
Public Intoxication:
Intoxication, defined as being under the influence of alcohol or any other psychoactive drug to any extent
that requires the attention of college staff, causes a disturbance, or is a danger to persons (self or others)
or property, is prohibited.
Dangerous Consumption/Detox:
Dangerous Consumption is defined as, but is not limited to, the excessive consumption of alcohol or the
commingling of substances resulting in serious impairment, poisoning, risky behavior, etc. It will be at the
discretion of staff to determine whether or not an individual is in violation of dangerous consumption;
determining factors will include blood alcohol concentration, physical indicators, and behavior. Regardless of
age, if dangerous consumption is determined, faculty or staff has the authority to request the student to be
sent to the hospital or detox.
Possession
Underage: Students who are under the legal drinking age in possession of alcohol (in a public or private space) will
be found in violation of the possession policy.
Container Policy: Open or broken-sealed containers of alcohol are not allowed in any public area on campus
without prior permission of the Dean of Students or their designee. Permission is required to use alcoholic
beverages in any public area of the College including but not limited to the following: dining halls, apartments/halls
picnic areas, athletic facilities, Science Center, Tower Hall, and other College grounds.
College authorities reserve the right to request IDs from any person carrying unconcealed containers of
alcohol on campus.
Alcohol is not allowed in any classroom at any campus location. Alcohol brought into any classroom, for any
reason, is a violation of College policy and is behavior subject to sanctions.
Common Related Violations
See Noise Policy (Residential Life Handbook)
See Sexual Assault/ Sexual and Gender-Based Misconduct Policies
See Vandalism/ Damage to Community Property
See Visitation Policy (Residential Life Handbook)
See Drug Policy (below)
Alcohol Related Violations:
Every student is responsible to be familiar with the CSS Student Code of Conduct and the statement of sanctions in the Student
Handbook.
19
Possession and consumption of alcohol by those not of legal drinking age and consumption by those of legal drinking age that
results in behavior that endangers or is detrimental to self or others are a violation of the College alcohol policy. Other violations
involving alcohol not expressly stated here, but that violate the rights or property of member(s) of The College of St. Scholastica
community, will be considered violations of this policy. Violations that are violations of city and/or state law may also be referred to
the proper city and/or state authorities in conjunction with or in addition to any College sanctions that may be imposed.
The College of St. Scholastica students involved in an incident where alcohol is present and are under the legal age to consume
alcohol, have the option of taking a breathalyzer test. Although it may be offered, it is the student's responsibility to request the
breathalyzer test at the time of the incident if they want to demonstrate sobriety. The results will be shared with the student and
sent to the Dean of Students or designee. If a breathalyzer is taken, the following are possible results:
a. Students under the age of 21 with a positive result (detection of any alcohol) are subject to a consumption violation.
b. Students under the age of 21 with a negative test result (blow a zero) will not be subject to an alcohol violation. The
student's presence in the situation may be noted in the record, but unless there are corollary, related or concurrent violations,
no citation will be issued.
c. Residents and students under the age of 21, who choose not to take the breathalyzer test, will be assumed to have
consumed alcohol and will receive a consumption violation.
Alcohol Sanctions
First Offense
Category A:
Underage
Consumption
Underage
Possession
Second Offense
Third Offense
Fourth Offense
Meet with designee of
Meet with
Meet with
Meet with a
Dean of Students
designee of Dean
designee of Dean
designee of the
$50 fine
of Students
of Students
Dean of
Additional restitution for
$100 fine
$150 fine
Students
any damage to the
Additional
Additional
RESTORE
community AlcoholEDU
restitution for any
restitution for any
meeting
course
damage to the
damage to the
Possible
RESTORE team
community
community
alcoho;
meeting if determined
AlcoholEDU
AlcoholEDU
assessment
by designee of Dean of
course
course
Housing
Students
RESTORE team
RESTORE team
contract will
meeting or other
meeting if
likely be
wellness based
determined by
cancelled
sanction,
designee of Dean
Suspension
determined by
of Students
from the
designee of Dean
College and
of Students
other
restrictions or
sanctions willl
likely be
considered
20
Category B:
Hosting Public
Intoxication
Container Policy
Meet with designee of
$200 fine
$400 fine imposed
Meeting with a
Dean of Students
Additional
Additional
designee of the
$100 fine
restitution for any
restitution for any
Dean of
Additional restitution for
damage to the
damage to the
Students
any damage to the
community
community
Your housing
community
AlcoholEDU
AlcoholEDU
contract will
AlcoholEDU course
course or
course or
likely be
and/or RESTORE team
RESTORE team
RESTORE team
cancelled,
meeting or other
meeting or other
meeting or other
Suspension
wellness based
wellness based
wellness based
from the
sanction, determined by
sanction,
sanction,
College and
designee of Dean of
determined by
determined by
other
Students
designee of Dean
designee of Dean
restrictions or
of Students
of Students
sanctions will
likely be
considered.
Category C:
Dangerous
Consumption
Handled on an
individual basis by Dean
of Students designee
Referral to the
RESTORE team,
Possible required
alcohol assessment
Parents/guardians are
likely to be notified as a
health and safety concern
21
Appeals:
All appeals of alcohol violations will follow the process outlined in the general Code of Conduct.
Drug and Controlled Substance Policy
(REVISED EFFECTIVE 1/20/15)
Drug abuse on campus is a danger and a detriment to all members of The College of St. Scholastica community, including
students, faculty, and staff. It is therefore the intent of this policy to maintain a drug-free campus.
This policy covers the unlawful manufacture, purchase, sale, distribution, possession, or use of an illegal drug or controlled
substance. All of these are prohibited on The College of St. Scholastica property and as a part of any activity sponsored by the
College. Violations include, but are not limited to:
unlawful manufacture, purchase, sale, distribution, possession, or use of an illegal drug or controlled substance
being in the presence of illegal drug use, sale, or distribution
possession of drug paraphernalia
any involvement in the exchange of money, goods or services for an unlawful drug or controlled substance
reasonable suspicion of unlawful drug use (odor, behavior, environmental factors) that in the judgement of College officials
constitutes a preponderance of evidence.
Drug use can be characterized as but is not limited to the following: smoking, swallowing, snorting, intravenously ingesting, or
otherwise consuming illegal drugs or excessive or wrongly administered use of legal drugs. All of the aforementioned behaviors will
be considered violations of the drug policy, and those not listed but relevant as decided through the discretion of College staff will
be considered violations.
Please note:
Students can be held accountable for a violation of the drug/controlled substance policy if there is reasonable suspicion that
drug use is occurring or has recently occurred. This includes odor, such as the smell of marijuana, in living spaces,
behavior that indicates that drug use has occurred, or other environmental factors.
Drug paraphernalia is not allowed anywhere on The College of St. Scholastica campus. Those who possess, manufacture,
deliver, or advertise drug paraphernalia on campus will be in violation of both campus policy and Minnesota Statutes
152.092-.095. This includes hookahs or other drug paraphernalia which will be confiscated and not returned to the owner.
Students are cautioned that the College does not provide sanctuary from the law, nor are students immune from legal
investigation or arrest by civil authorities resulting from the possession, use and sale of any dangerous drugs. The sale or
transfer of illegal drugs will likely result in suspension or dismissal from the College. Single or repeated use or possession
of illegal drugs may result in suspension from the College and possible prosecution under state and federal law. The
College of St. Scholastica cannot and will not protect students or staff from prosecution under federal, state, or local laws.
(See Drug Related Convictions and Federal Student Aid later in this policy.)
Legal or Prescribed Drugs
It is a violation of College policy and Minnesota Statute 152.11 to distribute, manufacture, or advertise legal or prescribed drugs
and substances in a manner that may be considered excessive or wrongly administered. Substances such as prescription drugs
22
may not be sold or distributed. Each student is expected to maintain possession and to be the sole consumer of their lawfully
prescribed medication.
Synthetic Drugs
Students found to be in possession of, distributing, manufacturing, consuming, or advertising synthetic marijuana also known as
K2, spice, or bath salts will be found in violation of The College of St. Scholastica's drug policy and Minnesota Statute 152.027
subdivision 6.
Drug and Alcohol-Related Support Services on Campus
Drug counseling and recovery support for students is available through Recovery Services and more specifically the CLEAN
Program, RESTORE, and SCHAWB. Students interested in further information, counseling, and/or support services are urged to
refer to the
drug and alcohol counseling resources.
Drug/Controlled Substance Violation:
Students found to be in violation of the drug policy will receive College issued sanctions at the discretion of the Dean of Students
and, in many cases, will be held accountable to local, state, and federal law as well.
Possible College sanctions include but are not limited to the following:
meet with Dean of Students or designee,
educational experience,
fine(s) ranging from $100- $500,
restitution for damage to community,
substance abuse assessments,
treatment mandates,
suspension or dismissal from campus housing,
suspension or dismissal from the College.
Any student who is determined to be manufacturing, selling or distributing will likely be suspended or dismissed from The
College of St. Scholastica.
Drug Sanctions: General Guidelines for Use/Possession Violations
These are a general guideline for sanctions, but are not limits, minimums or requirements. Sanctions for each case will be
determined according to the facts and circumstances of the particular case, the needs of the individual(s) involved and the
community impact.
Violation
Category
Class D or E
Small Quantity
Class D or E
Large Quantity
Housing suspension of
1st Violation
Housing probation of one semester
one year
Fine of $100
Fine of $200
Marijuana 101 course
Marijuana 101 course
RESTORE referral
23
College probation and/or housing suspension for minimum of 1 year
Fine of $200
Substance use assessment, follow through on recommendations
Dismissal from college
RESTORE referral
Fine of $500
2nd Violation
Urinalysis 30-60 days from dismissal or probation (must pass to
remain in or return to housing)
Suspension or dismissal from college
3rd Violation
Fine of $500
Violation
Category
Class A, B, or C
Small Quantity
Class A, B, or C
Large Quantity
Suspension from college for 1 year
Housing dismissal
1st
Violation
Housing probation or suspension for 1 year
Fine of $400
Fine of $200
Alcohol/Drug assessment, follow through on
Alcohol/Drug assessment, follow through on
recommendations
recommendations
RESTORE referral
RESTORE referral
Urinalysis within 30 to 60 days of suspension
from college and 30 days prior to return to college
(must pass UA in order to return)
Suspension from college for minimum of 1 full
semester
Fine of $500
2nd
Violation
Minimum of outpatient treatment, in-patient
treatment preferred
Urinalysis within 30 to 60 days of suspension
from college and 30 days prior to return to college
(must pass UA in order to return)
3rd
Violation
The following are examples of drugs in each class. It is at the discretion of the Dean of Students or the Dean's designee
to determine the classification of drugs not listed, what constitutes a large or small quantity, or for violations involving
more than one drug.
Class A: Heroin, Bath Salts, K2
Class B: LSD, Cocaine, MDMA/Ecstasy
Class C: Mushrooms
Class D: Marijuana
Class E: Non-prescribed use of prescription drugs, miscellaneous pharmaceuticals
Medical Amnesty Policy
The priority and hope of The College of St. Scholastica with regard to alcohol and other drugs is the safety and health of students,
24
The priority and hope of The College of St. Scholastica with regard to alcohol and other drugs is the safety and health of students,
staff, and faculty. The College is committed to providing education, support services, and the availability of both campus and
community resources to encourage and assist students in making responsible decisions. Students are expected to comply with
campus policies outlined in the student handbook and code of conduct, and also local, state, and federal laws in their behavior
surrounding alcohol and drug use.
Nevertheless, the College acknowledges that occasional medical emergencies arise as a result of excessive or hazardous
drinking/drug use (alcohol poisoning, overdose, and other adverse reactions and effects). Students are expected to call for help
when such emergencies occur (Residential Life staff, 911, Duluth Police Department). To encourage responsible action and the
utilization of assistance when needed, the College has a Medical Amnesty policy that applies to the following:
A student seeking medical attention for him or herself
A student seeking medical attention for another person
The student in need of medical attention (whether caller or not)
Legal Context
For information purposes, please know that Minnesota Statutes 2012, section 340A.503, subdivision 8 provides immunity from
legal prosecution under state law if that "person contacts a 911 operator to report that the person or another person is in need of
medical assistance for an immediate health or safety concern, provided that the person who initiates contact is the first person to
make such a report, provides a name and contact information, remains on the scene until assistance arrives, and cooperates with
the authorities at the scene. The person who receives medical assistance shall also be protected from prosecution. ‘The
aforementioned immunity' also applies to one or two persons acting in concert with the person initiating contact provided that all
the ‘aforesaid' requirements are met."
Note that this bill applies to an act relating to public safety; providing immunity for underage possession or consumption of alcohol
for a person contacting 911 to seek assistance for another. This bill does not protect an individual who has violated any other
campus policy, local, state, or federal law such as those pertaining to sexual or physical assault; drugs or controlled substances;
filing a false police report or acts of perjury; probation violations; or otherwise disrupting the safety, property, or well-being of the
College and its community.
Application of Medical Amnesty within CSS
While The College of St. Scholastica supports Medical Amnesty and adheres to state law, amnesty implications differ from those
outlined in state law. The College of St. Scholastica has determined that a student who seeks medical attention for self or another
will be recognized as having exhibited responsible behavior in doing so. Therefore, the student for whom the medical attention was
sought and the caller will be absolved of alcohol consumption and possession related fines (see alcohol policy and corresponding
fine and other sanctions). However, the student for whom the medical attention was sought and quite possibly the caller will still be
required to partake in an educational experience as delegated by a designee of the Dean of Students, and may be subject to other
sanctions depending on the situation.
It will be determined by the Dean of Students or her designees whether or not the caller will be found in violation of other campus
policies and code of conduct; nonetheless, the responsible action and good judgment of reporting the health or safety concern will
be taken into account. In times of serious health and well-being concerns, parental notification and an educational experience still
apply as sanctions for alcohol and drug violations; amnesty applies to sanctioned fines only. If it is determined by the Dean of
Students or designee that medical amnesty appropriately applies to a situation, the person(s) involved will not have their future
housing placement affected.
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housing placement affected.
It is important to note that this policy does not protect students who repeatedly or deliberately violate campus policy and code of
conduct. If a student has received amnesty in the past and is involved in a successive incident, it will be at the discretion of the
Dean of Students to determine whether or not that individual is again eligible for amnesty from college-sanctioned fines in a
subsequent incident.
Lastly, The College of St. Scholastica's Medical Amnesty policy is not exclusively applicable to individuals under the age of 21,
although alcohol consumption and possession violations most often apply to said demographic. Individuals of any age are subject
to both amnesty from fines issued by the college and the required restitution mandated by the Dean of Students. State law
regarding Medical Amnesty does however apply only to individuals under the age of 21 who have broken laws of alcohol
consumption or possession. If the incident involves other infractions including but not limited to sexual or physical assault, property
damage, or unlawful distribution of prohibited substances, this policy is not applicable.
Information about Alcohol Poisoning and When to Call for Help
From the Mayo Clinic
website http://www.mayoclinic.org/diseases-conditions/alcohol-poisoning/basics/symptoms/con-20029020
Alcohol poisoning symptoms include:
Confusion, stupor
Vomiting
Seizures
Slow breathing (less than eight breaths a minute)
Irregular breathing (a gap of more than 10 seconds between breaths)
Blue-tinged skin or pale skin
Low body temperature (hypothermia)
Unconsciousness ("passing out"), and can't be roused
It's not necessary for all of these symptoms to be present before you seek help. A person who is unconscious or cannot
be roused is at risk of dying.
When to see a doctor: If you suspect that someone has alcohol poisoning - even if you don't see the classic signs and
symptoms - seek immediate medical care. In an emergency, follow these suggestions:
If the person is unconscious, breathing less than eight times a minute or has repeated, uncontrolled vomiting, call 911 or
your local emergency number immediately. Keep in mind that even when someone is unconscious or has stopped drinking,
alcohol continues to be released into the bloodstream and the level of alcohol in the body continues to rise. Never assume
that a person will "sleep off" alcohol poisoning.
Be prepared to provide information. If you know, be sure to tell hospital or emergency personnel the kind and amount of
alcohol or other substances the person drank or ingested, and when.
Don't leave an unconscious person alone. While waiting for help, don't try to make the person vomit. Alcohol poisoning
affects the way your gag reflex works. That means someone with alcohol poisoning may choke on his or her own vomit or
accidentally inhale (aspirate) vomit into the lungs, which could cause a fatal lung injury.
Even if you do not observe the signs and symptoms of overdose, alcohol poisoning, or other health concerns, err on the side
of caution and seek assistance so that you and/or the individual may receive proper medical attention. If you suspect yourself
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of caution and seek assistance so that you and/or the individual may receive proper medical attention. If you suspect yourself
or the individual to be in a life-threatening situation, call 911 immediately.
Policy Regarding Advertising, Promotion, and Merchandising of Alcoholic
Beverages and/or Drugs:
Without written permission from the Dean of Students, no student or student organization may promote or advertise alcohol,
alcoholic brands, illegal drugs, paraphernalia, or their use. Neither is it permissible for a student or student organization to promote
or advertise an event that mentions or implies alcohol and/or drugs or controlled substances will be served or present. This
includes College affiliation or promotion of bars, distributors or brands of alcoholic beverages on T-shirts, posters, cups, etc. unless
approved by the Dean of Students. Questions should be referred to the Dean of Students. Any alcohol-related advertising for
student publications (such as the student newspaper, the Cable) must also be approved by the Dean of Students.
Drug Related Convictions and Federal Student Aid
A federal or state drug conviction can result in lost eligibility for federal grants, loans, or work-study assistance as a result of
penalties under 484(r)(1) of the Higher Education Act. Convictions only count against a student for aid eligibility purposes (FAFSA
question 23c) if they were for an offense that occurred during a period of enrollment for which the student was receiving Federal
Student Aid-they do not count if the offense was not during such a period, unless the student was denied federal benefits for drug
trafficking by a federal or state judge. Also, a conviction that was reversed, set aside, or removed from the student's record does
not count, nor does one received when she was a juvenile, unless she was tried as an adult.
A federal or state drug conviction can disqualify a student for FSA funds. The student self-certifies in applying for aid that he is
eligible. The College is not required to confirm this unless The College has conflicting information.
The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession
and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)
Possession of Illegal Drugs
Sale of Illegal Drugs
First Offense
First Offense
1 year from date of conviction
2 years from date of conviction
Second Offense
Second Offense
Two years from date of conviction
Indefinite Period
3 + Offenses
-----
Indefinite Period
If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will
be ineligible for the longer period. Schools must provide each student who becomes ineligible for FSA funds due to a drug
conviction a clear and conspicuous written notice of his loss of eligibility and the methods whereby he can become eligible again.
A student regains eligibility the day after the period of ineligibility ends or when he successfully completes a qualified drug
rehabilitation program or passes two unannounced drug tests given by such a program. Further drug convictions will make him
ineligible again.
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Students denied eligibility for an indefinite period can regain it after successfully completing a rehabilitation program (as described
below), passing two unannounced drug tests from such a program, or if a conviction is reversed, set aside, or removed from the
student's record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such
cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student's
responsibility to certify to the College that she has successfully completed the rehabilitation program; as with the conviction
question on the FAFSA, The College is not required to confirm the reported information unless The College has conflicting information.
Parental Notification Policy:
The Family Educational Right to Privacy Act, (FERPA), by the U.S. Department of Higher Education states that it is permissible for
The College of St. Scholastica to notify the parents/guardian of a student when there is a concern for the health or safety of the
student regardless of disciplinary status. This means that if the College has deep concern for the health and safety of a student
due to overconsumption (i.e. trip to hospital or detox) or a repeated pattern or single event of high risk behavior, the College will
likely contact the parents or guardians.
The Parental Notification Policy will be utilized at the discretion of the Dean of Students or designee.
Behavioral Leave of Absence and Readmission Policy and Procedures
(Non-Discipline)
I. POLICY
A. This policy applies in situations in which a student's behavior creates a significant and unreasonable disruption to the
educational pursuits of other students or the ability of faculty or staff to fulfill their duties. The College reserves the right to remove
a student by requesting or requiring a student to take a leave of absence [may also be referred to as leave] from the College for
reasons pertaining to the student's behavior. In addition, disciplinary action may be taken under other College policies and
procedures.
This policy will be invoked at the discretion of the Dean of Students where the normal disciplinary system may not apply or is not
appropriate. This policy does not replace existing academic performance or discipline-based withdrawal or dismissal policies
maintained by academic units. The Dean of Students may choose to delegate all or parts of this responsibility to an appropriate
designee. Further, the Dean of Students may appoint a designee to oversee the individual student cases. The case file will be
maintained in the Dean of Students Office.
B. Students on a leave of absence from the College under this policy may be considered for readmission following a determination
by the Dean of Student that the student is ready to return to school. The determination of readmission is made in conjunction with
the Leave of Absence Team which will be appointed by the Dean of Students in accordance with the needs of each case. In
making the determination on readmission, the Team will consider information from campus professionals and relevant materials
submitted by the petitioning student that demonstrates that the behaviors that caused the withdrawal no longer exist or are being
managed.
C. Due to the complex nature of each student situation, members of the Leave of Absence Team can be added at the discretion of
the Dean of Students.
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II. PROCEDURES AND TYPES OF LEAVE OF ABSENCE
A. Interim Leave of Absence
1. If a student's behavior creates a significant and unreasonable disruption to the educational pursuits of other students or the
ability of faculty or staff to fulfill their duties, the Dean of Students may put the student on an interim leave of absence or restrict the
student's access to the College campus, College housing, services, technology and activities, as appropriate, for defined period of
time. Conditions for return may be specified.
2. In such cases, reasonable attempt will be made by the Dean of Students to meet with the student and discuss options before
deciding on a leave of absence. If the student is to be put on leave, the decision will be communicated in writing to the student and
other units as appropriate within the College.
3. The interim leave and/or restricted access will remain in effect until a final decision has been made pursuant to the procedures
below or other applicable College procedures, unless, prior to a final decision, the DOS, determines that the reasons for imposing
the leave no longer exist.
B. Involuntary Leave of Absence
Leave of absence under this policy may be considered when the College has substantial evidence that a student's behavior
creates a significant and unreasonable disruption to the educational pursuits of other students or the ability of faculty or staff to
fulfill their duties.
When circumstances merit, the Dean of Students will:
1. arrange for an appropriate review process including receiving, investigating, and examining appropriate records and
documentation; and/or
2. provide an opportunity for the student to meet with the Dean of Students to discuss options regarding a leave of absence;
and/or
3. seek the recommendation of the Leave of Absence Team and/or
4. contact the student's family, or designated emergency contact, if appropriate; and/or
5. document the findings of the review process and any relevant recommendations; and/or
6. provide written notice to the student of the leave; and/or
7. describe requirements for re-admission; and/or
8. provide written notice of opportunity for conditions of readmission.
The student may be restricted from campus and/or College technologies, services and activities during a leave of absence.
C. Voluntary Leave of Absence
If a student wishes to pursue a leave of absence, the Dean of Students will:
1. counsel the student to discuss options regarding a leave; which, under this policy is at the discretion of the Dean of
Students; and/or
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2. consult with the student's academic unit, academic advisor, and/or other units as appropriate; and/or
3. discuss the circumstances with the student's family or designated emergency contact person, as appropriate; and/or
4. refer the student to appropriate resources for support; and/or
5. provide the student with written documentation confirming the student's decision to take voluntary leave of absence in
accordance with College policy for withdrawal if applicable; and/or
6. provide documentation of requirements for readmission, if any.
D. Return to Classes and/or Readmission
A student removed from the College under this policy and wishing to return to classes or be considered for readmission may
petition the Dean of Students according to written conditions for readmission. The student will provide documentation of satisfactory
completion of all conditions specified by the Dean of Students.
1. The Dean of Students will:
1. consult with the Leave of Absence Team; and/or
2. contact the student's family or designated contact, if appropriate; and/or Page 31 of 66
3. receive, investigate, and examine relevant documentation fulfilling petition requirements; and/or
4. provide an opportunity for the student to meet with the Dean of Students to discuss resumption of classes or
readmission.
2. After these steps are taken, the Dean of Students will:
a. initiate the resumption or readmission process; and/or
b. when appropriate, provide the student with written conditions for continued attendance, and inform any relevant
administrators in the implementation of the student's readmission; or
c. deny the student's request for return or readmission and specify when and if the student request for return or
readmission will be considered; and/or
d. notify the student's academic unit and other units as appropriate of the decision regarding readmission.
3. Decisions regarding a student's return to classes or readmission are made at the discretion of the Dean of Students in
consultation with the Leave of Absence Team.
E. Effect on Academic Status
In the event of a leave of absence pursuant to this policy, the College policies for withdrawal from courses and for receiving tuition
refunds will normally apply.
F. Effect on Housing Status
In consultation with the Director of Residence Life, if the student has been living in the residence halls, College policy for contract
cancellation and fee refund will normally apply.
G. Appeal
The student has the right to appeal in writing to the Vice President for Student Affairs regarding any of the completed actions and/or
decisions made throughout this policy. A written appeal must be delivered to the Vice President for Student Affairs within three
class/business-days of receiving written confirmation of the outcome of any deliberation conducted for the welfare of the student
and/or the College. The Vice President for Student Affairs has full and final authority in decisions relating to this policy.
Cedar, Sage, and Sweetgrass Policy
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Within every Native American tribal culture there are ancient and profound traditions concerning the use of plants for a variety of
medicinal and spiritual purposes. Sage, sweetgrass, and cedar are widely used to aid in purification and prayer. Out of respect for
Native American culture, traditions, and spirituality, college policies do allow the religious use of sage, sweetgrass, and cedar
smoke in accordance with their well-established manner of use within Native American ceremonial traditions, for the purpose of
purification and prayer. Such use is subject to all college and residential life policies concerning safety.
Center for Equal Access Policies
This section includes:
Alternative Testing Policy
Auxiliary Aids Policy
Grievance Procedure for Student Complaints Alleging Violations of Section 504 of the Rehabilitation Act of 1973,
Americans with Disabilities Act, and the Minnesota Human Rights Act
Policy for Use of a Service Animal
Alternative Testing Arrangements Policy
The College of St. Scholastica fosters a number of academic opportunities for students to grow in their learning process. Testing is
still a primary assessment measure of a student's mastery of course content. In light of the multiple ways of delivering course
content, The College seeks to determine a process to offer opportunities of test delivery to students.
Definitions
Test - an exam, quiz or assignment that is to be completed within a defined time allotment.
Alternative Test - an exam, quiz or assignment that is administered within a defined time frame which is either rescheduled
by a student, in need of a testing proctor, or a test accommodation issued by the Center for Equal Access that requires an
adjustment in the testing environment.
Testing Proctor - an official College staff/faculty who oversees and initiates the exam.
CSS Student Requests
All CSS students are entitled to alternative testing environments if they meet the following criteria: 1) registered with the Center for
Equal Access and issued alternative testing accommodations; or 2) a student registered with the Center for Equal Access who is
taking an online or correspondence course or standardized exam independent from The College which requires a testing proctor;
or 3) a student not registered with the Center for Equal Access with approval from faculty to use alterative testing arrangements; or
4) a CSS student taking an online or correspondence course or standardized exam independent from The College which requires
a testing proctor.
Center for Equal Access Testing Center Use
Students registered with the Center for Equal Access (Center) and issued alternative testing environments have the opportunity to
use the Center for Equal Access' Testing Center. The Testing Center is designed to offer equal access in testing situations that a
disability or chronic medical condition may limit. Students must have disclosed to the Center a functional limitation based on
disability or chronic medical condition, have a record of the impairment, or be regarded as having a disability to be issued
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alternative testing accommodations.
The Testing Center is used by students with disabilities, chronic medical conditions or temporary conditions lasting longer than six
months and registered with the Center for Equal Access. In rare cases, accommodations for testing environments may be granted
to students who may not meet the above requirements, but due to their condition their academic and learning experience may be
compromised. These situations are determined on a case-by-case basis, but may include student athletes who experienced
concussions during their season or students diagnosed with illness with long-term effects such as Mononucleosis. Students who
do not qualify under the outlined circumstances will not be allowed to test with the Testing Center.
Students registered with the Center but not issued academic accommodations but are enrolled in an online or correspondence
course or standardized exam which requires a testing proctor will be allowed to use the Testing Center. All Center's requests are
directed to use the online test schedule link at https://www2.css.edu/app/depts/drc/testscheduling/index.cfm
CSS Student Procedure and Use
Students who are not registered with the Center for Equal Access and in need of an alternative testing environment must arrange
this service with the CSS Library at 218.723.6140, text at 218.422.6942 or Email at [email protected].
Auxiliary Aids Policy
Auxiliary aids are defined as devices or services that enable persons with one or more life impairments to have an equal
opportunity to participate in, and enjoy the benefits of and achieve the same level of achievement in programs activities and
courses at The College of St. Scholastica. Common auxiliary aids include American Sign Language (ASL) Interpreters, descriptive
media services, audio or digital textbooks, use of speech-to text software, screen reading software, iPads, digital recorders and
Livescribe Smartpens. Students who request auxiliary aids due circumstances related to disability must register with the Center for
Equal Access.
1. Requests for services that require personnel such as an ASL interpreter or Descriptive Services, note-taker or Access
Assistant* must make requests for services before the activity
One-time events requests must be made at least ten (10) business days in advance.
An ongoing attendance by the service personnel for courses or activities must be requested at least three (3)
months before the course or activity.
For a long-term or ongoing request involving internship, teaching or clinical experience or study abroad, at least
five (5) months notice is required.
2. Requests for conversion of textbooks into accessible formats must be given at least ten (10) business days in advance.
3. Any tools, computer software or hardware requests must be given at least three (3) business days in advance of use.
Students who check out items from the Center's resource library must
Complete a checkout form indicating date checked out and date of anticipated return.
Care for materials while checked out and in use. Failure to do so (damage to or loss of equipment) may result in a
charge to a student's account.
Failure to return items by the check-out date indicated will result in a service charge to the student's account.
4. Requests for the use of auxiliary aids or adjustments to housing and residential purposes must occur at least 40 days (two
months) before need.
32
Members of the Access Committee with expertise in the area of disability will be consulted and determine the extent
of the auxiliary aid or adjustment.
5. Auxiliary aids or adjustments may be denied if it fundamentally alters the outcomes of the program, class or activity; or if it
presents an undue hardship or burden on the institution.
6. Any adjustments or auxiliary aid request to meet needs of a personal nature will not be considered obligatory in nature by
the institution. This includes a Personal Care Assistant, tutor or personal instruction
*An Access Assistant is a person hired by The College (typically a work study student) to assist in activities where physical
disabilities may limit the full participation in the class that is required for course credit Access Assistants serve as a vehicle to
accomplish tasks a person with a limitation cannot do themselves. Examples may include assisting in lab, clinical or field
experience. Students who use an Access Assistant must be able to show mastery of material as any other student. Access
Assistants do not offer personal care to students with disabilities.
Grievance Procedure for Student Complaints Alleging Violations of Section
504 of the Rehabilitation Act of 1973, Americans with Disabilities Act, and the
Minnesota Human Rights Act
It is the policy of The College of St. Scholastica that all otherwise qualified students with disabilities will be given equal educational
opportunities in the classroom and other College-sponsored programs and activities, including study abroad programs, fieldwork
and clinical placements. The College will ensure that no otherwise qualified students with disabilities will be excluded from
participation in, be denied the benefits of, or be subjected to discrimination in any College class, program, or activity.
Definitions:
Bias Incident-An incident where a student receives single or multiple acts of verbal, written, electronic or physical expressions of
disrespectful bias, hate, intimidation, or hostility by another student.
Disability-A physical or mental impairment that substantially limits one or more major life activities including caring for oneself,
performing manual tasks, seeing, hearing, eating, sleeping walking, standing, lifting, bending, speaking, breathing, learning,
reading, concentrating, thinking, communicating or working.
Discrimination-The denial of full utilization of or benefit from any educational institution, or the services rendered thereby to any
person because of disability, or to fail to ensure physical and program access for disabled persons (Minnesota Statute 363A.13,
2012).
Grievance-a report of discrimination, retaliation or harassment based on disability.
Grievant-a student who reports a claim of discriminatory practice, retaliation and/or harassment based on disability.
Harassment-Harassment consists of any words or conduct that shows hostility or aversion toward an individual because of
disability or that of his/her relatives, friends, or associates and that: Has the purpose or effect of creating an intimidating, hostile or
offensive work or educational environment; Has the purpose or effect of unreasonably interfering with an individual's work or
academic performance; or Otherwise adversely affects an individual's employment or academic opportunities. Harassment may
occur in situations where there is a power differential between the parties (between any persons on campus or between
any persons at any campus activities), or where the persons share the same status (i.e., student-student, faculty-faculty,
staff-staff). It may occur between members of the same or opposite sex.
Respondent-the student, faculty or staff member accused of discrimination, retaliation or harassment.
Three types of intervention may be pursued:
Bias Incident-a report can be anonymous or reported by a third party. For more information or to file a report, go to
33
https://www2.css.edu/app/programs/diversity/biasReporting/report.cfm
Collaborative Grievance-A report of discrimination, retaliation or harassment based on disability made by a student against an
instructor, student or staff person to the Disability Resource Center. The student wishes to resolve the situation through a
collaborative process using the Disability Resource Center to facilitate the process.
Formal Grievance-a formal report of discrimination, retaliation or harassment based on disability made by an instructor or staff
person which a student requests specific action from The College that is outside of the scope of the Disability Resource Center.
This process should be used if a grievance is filed against any staff from the Disability Resource Center.
Procedures
The following procedures will be used to address situations which a student perceives to be discriminatory and/or a violation of
Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Minnesota Human Rights Act, or any other
law enacted to ensure equal opportunity for all members of The College of St. Scholastica community.
Appeals of denied requests for accommodations or auxiliary aids based upon a disability as stated in the Americans with
Disabilities Amendments Act 2008 should also use these procedures.
Retaliation to any grievance and/or practice related to disability or the Disability Resource Center is strictly prohibited and promptly
investigated by the Access Committee. Retaliatory behavior may include adverse treatment, unsubstantiated grading practices,
harassment and intimidation related to participating in a grievance procedure. If there is any retaliation experienced by either the
grievant or respondent a report should be made directly to the Vice President level of the appropriate institutional reporting
structure.
Initiating a Grievance
The student initiates the grievance by connecting with the Director of the Disability Resource Center. If the grievance is against any
staff of the Disability Resource Center, then the written notice is given to the Vice President of Student Affairs (VPSA) and follows
the formal grievance procedure.
The College reserves the right to bring a collaborative grievance to the Access Committee and/or Formal Grievance procedures if a
report is egregious in nature; if multiple grievances have been reported about one person, or if the nature of the situation places
The College at risk. In any of these cases, the institution assumes the role of grievant.
Collaborative (informal) Grievance
The grievant reports to the Director of the Disability Resource Center, the Director will:
1. Listen to the report by the student (here titled 'Grievant')
2. Write a detailed note of the claims of discrimination or harassment to be included in their file
3. Inform the grievant of options of action which may include
a meeting with the respondent, department chair or School Dean facilitated by the coordinator or
a written notice to the respondent by the Director
4. Request a Release of Information in order to engage relevant individuals in the process, if necessary
Formal Grievance
A student who wishes to pursue a formal grievance will present to the Director of the Disability Resource Center written notice of
the grievance. The notice must contain, at a minimum, the following information:
1. A title or heading identifying the notice as a formal grievance pursuant to this procedure
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2. A description of the situation forming the basis of the grievance or actions alleged to be discriminatory
3. The names of any individuals involved
4. Individuals who may have knowledge of the matters alleged
5. The result or corrective action desired; and
6. The grieving party's name, address, and phone number.
The student will meet with the coordinator of the Disability Resource Center to:
1. Discuss the grievant's rights and the rights of the accused.
2. Sign a statement of "good faith" acknowledging everything said is true and to the best of his/her knowledge.
3. Determine the most appropriate plan of action based on the level of involvement of the department chair or Dean. Typical
report of grievance begins with the department chair; next, Dean of the School, and ultimately the Vice-President of
Academic Affairs, Dean of the Faculty.
All grievances must be filed no later than 60 calendar days from the date of the alleged violation.
Formal Grievance Process
Notification.
Both the grievant and the respondent will be notified in writing of the primary contact of the proceedings. The respondent will be
notified of the charges, the name of the grievant, and the grievance procedures of The College. The respondent will be allowed to
present a written response to the primary contact of the proceedings. Further notification is required through all aspects of the process.
Investigation.
Two appointed members of the Access Committee shall investigate the grievance by interviewing the grieving party and any
individuals identified in the written notice. The Access Committee shall conduct such further investigation as is necessary to
respond to the grievance. The results of the investigation will occur within twenty days of receipt of the written grievance.
Grievance Hearing
Within 10 working days after the completion of the investigation, the Access Committee investigators shall bring together a
Grievance Panel, schedule and hold a hearing to consider and decide the grievance. The grievant and respondent shall have the
opportunity to present evidence and witnesses at the hearing. All relevant evidence that is trustworthy and reliable shall be
considered by the Grievance Panel. Composition of the Grievance Panel. The Access Committee investigators will initiate a panel
of college officials who will hear all grievances alleging discrimination. The Grievance Panel shall be so constituted that no staff
member, faculty, or administrator involved in or associated with the grievance will hear the matter. Students will not be permitted to
serve on the investigation. The following individuals will be included on the grievance panel:
1. Dean of Students (where a student is the respondent) or Dean of the associated school (where an instructor is the
respondent). If the respondent is a Dean, the Vice President of Academic Affairs or her designee will be part of the
grievance panel.
2. Two members of the Access Committee
3. Department Chair of respondent (if applicable)
4. Representative from Human Resources (if applicable)
5. Director of the Disability Resource Center (ex-officio),
6. Student Affairs Representative
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6. Student Affairs Representative
Decision.
The Grievance Panel shall render its decision in writing within 10 working days of the hearing. The decision shall contain the
reasons for the decision and any corrective action to be taken. All parties and others affected by the decision shall be provided
with written copies of the decision, which shall also include notification of the availability of an appeal, as outlined below.
Appeal
An appeal of the Grievance Panel's decision may be made to the Vice-President of Student Affairs or his designee by the grieving
party or any affected party who appeared at the hearing. The appeal shall be made in writing within five working days of the
Grievance Panel's decision. The appeal shall include a copy of the Grievance Panel's decision and the party's reasons for
requesting further review by the Vice President of Student Affairs or designee. Upon receipt of the appeal, the Vice President of
Student Affairs or designee shall independently review all of the information submitted to or generated by the investigators and
Grievance Panel. If, in the Vice President of Student Affairs or designee's discretion, further information is required, the Vice
President of Student Affairs or designee shall be authorized to conduct whatever additional research or investigation is deemed
necessary,including meeting with the grieving party and/or others involved. The Vice President of Student Affairs or designee will
respond to the appeal, in writing, within 10 working days. The decision will include an explanation for the decision and/or
notification of any corrective action to be taken.
External Resources
Students who do not feel the decision or process was in their best interest may pursue external resources and services. Students
may seek resolution through one or both of the following agencies:
Office of Civil Rights Department of Education
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 877-521-2172
Email: [email protected]
http://www2.ed.gov/about/offices/list/ocr/aboutocr.html
Minnesota Department of Human Rights
Freeman Building, 625 Robert Street North, Saint Paul, MN 55155
651.539.1100 (main office, available 8:00 am to 4:30 pm)
(The Intake phone line is open from 9:30 am to 3:30 pm)
TTY: 651.296.1283
Toll Free: 800.657.3704
Fax: 651.296.9042
http://www.humanrights.state.mn.us/
Policy for Use of a Service Animal
The College of St. Scholastica has a strict "no pet policy" on campus. However, students who attend The College of St.
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Scholastica may require the use of service dog. A service dog* is defined by the Americans with Disabilities Act as "any dog
individually trained to provide assistance to an individual with a disability."
The goal of a service animal is to provide a life function or task for an individual who cannot perform the task him or herself. Some
tasks may include but are not limited to:
Alerting a person with hearing impairments to sounds cues
Calming a person with PTSD through a flashback or anxiety attack
Assisting with daily life tasks
A service animal is NOT a pet
The College encourages but does not require students who use a service animal to register with the Center for Equal Access. The
Center will assist students to navigate college systems and inform the campus community of responsibilities of the greater
community.
Owner Responsibilities
The student seeking this accommodation is also responsible for the animal, which includes:
1. The service dog must be well-behaved and does not pose as a disruption to learning.
2. The service dog must be in the control (on a leash, harness, etc.) by the handler at all times.
3. The handler of the service dog must be able to manage elimination by the animal.
4. The handler of the service dog is responsible for any property damage caused by the animal.
5. The service dog may be prohibited from any areas or situations which may cause harm or risk to the animal (such as
laboratories).
6. The service dog alters the fundamental outcomes or technical elements of the program, course or activity.
College Responsibilities
The College is responsible for educating the community on how to behave and act in the presence of a service animal. College
employees and agents of The College are only allowed to ask two questions of the individual who presents with a service dog:
1. Is this a service animal?
2. What tasks is the dog trained to perform?
College representatives are not allowed to ask:
The individual to demonstrate the trained tasks of the service animal.
The individual to prove the animal has been trained.
The individual to require to vest or clearly mark the service animal.
The individual the nature or extent of their disability.
For questions or concerns, please consult the Center for Equal Access.
Service Dog versus Assistance Animal
Assistance animals do not fall under the guidelines of ADA. An animal with a purpose of providing emotional support, comfort,
therapy, or companionship is not considered a service animal. If you are requesting an Assistance Animal, please see the Center
for Equal Access.
*There are exceptions to a service dog including provisions regarding miniature horses. Any requests of having a miniature horse
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*There are exceptions to a service dog including provisions regarding miniature horses. Any requests of having a miniature horse
on campus will be determined on a case-by-case basis.
Copyright Infringement and File Sharing
As part of the Higher Education Opportunities Act (HEOA) we are required to notify you annually that unauthorized distribution of
copyrighted material, including unauthorized peer-to-peer file sharing, may subject you to civil and criminal liabilities. Below is the
summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws. Copyright infringement is the act of exercising,
without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the
Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In
the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an
infringement. Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil
copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not
more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court
can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505. Willful
copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000
per offense. The College of St. Scholastica IT department responds to Digital Millennium Copyright Act (DMCA) notices in the
following way. Initially the IT department will contact the individual involved in the alleged violation and provide the DMCA
notification. We request that the individual remove the offending material from their computer and we also explain how illegal file
sharing is a direct violation of our Acceptable Use Policy. A second violation involves the above actions with the addition of
requiring the student to visit the IT department to make sure the offending material has been removed from their computer. A third
violation results in the above actions in addition to the removal of network access until the student has met with the Dean of
Students. For more information, please see the Website of the U.S. www.copyright.gov, especially their FAQ's at
www.copyright.gov/help/faq. Links to free and low cost legal downloads can be found at http://www.educause.edu/legalcontent.
Medical Insurance Policy
It is the policy of The College that traditional undergraduate students, post baccalaureate nursing students, and graduate health
program students (Athletic Training, Exercise Physiology, Occupational Therapy, Physical Therapy, Physician Assistant) must show
proof of health insurance or purchase health through The College's Student Health Insurance program. This policy does not apply
to extended studies students (not otherwise identified above) or online students. The process of showing proof of insurance or
opting in to the College's health insurance plan must be completed on a yearly basis at the beginning of each academic year.
Students enrolling for the first time in the Spring or Summer Semester are required to follow this policy during the first month of
enrollment and then again during the beginning of each academic year. Failure to follow this policy will result in additional fees
being applied to a student's account and a health hold which prevents a student from registering for classes for the following semester.
Missing Person Policy
This policy, with its accompanying procedures, establishes a framework for cooperation among members of the College community
aimed at locating and assisting currently enrolled on-campus residential students who are reported missing. A student shall be
deemed missing when he or she is absent from the College and/or has been reported missing by another individual without any
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deemed missing when he or she is absent from the College and/or has been reported missing by another individual without any
known reason. All reports of missing students shall be directed to Campus Security which shall investigate each report. All
students shall have the opportunity to identify an individual to be contacted by the College in case a student is determined to be
missing. If a missing student is under 18 years of age, Campus Security is required to notify the parent or guardian of the missing
student not later than 24 hours after the determination by Campus Security that the student is missing. The Vice President for
Student Affairs and/or the Dean of Students shall have the responsibility to make the provisions of this policy and the procedures
set forth below available to students.
Student Contact Information
Upon check-in to the campus residence halls, suites, or apartments, all students will have the opportunity as part of the required
confidential designated emergency contact information to designate a person to notify in a missing person investigation. This
information will not be disclosed outside of a missing person investigation, and is accessible by Residential Life/Housing officials
and Campus Security. Each student who files a confidential contact registration form is solely responsible for the accuracy of the
contact phone number and for update of information should the confidential contact person and/or number change. A student may
update information by filing a new form with the Office of Residential Life/Housing.
Student Notification of This Policy
Included on the Residential Life/Housing website.
Included in the annual Campus Security & Fire Safety Report.
Included in the Student Handbook web site.
Procedure
Anyone who suspects a student may be missing should notify Campus Security, Residential Life/ Housing or the Office of
Student Affairs immediately.
All reports of a missing student will be directed to Campus Security.
When a student is reported missing Campus Security shall:
Initiate an investigation to determine the validity of the missing person report.
Security will work with Residential Life/Housing to assist in physically locating the student by keying into the
student's assigned room and talking with roommates and friends.
Security may search on campus public locations to find the student (library, dining areas, Student Union, etc.).
Security may access the electronic student ID card system to view recent card use and track the card for future use.
Security may access vehicle registration information for vehicle location check on campus and distribution to
authorities.
The Vice President for Student Affairs and/or the Dean of Students may ask IT to provide electronic logs for the
purpose of determining the last login, access, and use of the IT network.
Student Affairs may try to contact known friends, family, or faculty members for last sighting or additional contact
information. o Make a determination as to the status of the missing student.
Notify the Office of Residential Life/Housing.
Notify the Vice President for Student Affairs and/or the Dean of Students.
Notify the individual identified by the missing student as the emergency contact within 24 hours of making the
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determination that the student is missing.
If the missing student is under the age of 18, notify the student's custodial parent or guardian as contained in the
records of the College within 24 hours of the determination that the student is missing.
If the missing student is an international student, contact the International Student Advisor.
Notify the Duluth Police Department within 24 hours after determining that the student is missing.
Notification to the Duluth Police Department may occur within the initial 24 hour time period under the following
circumstances:
Indications of criminal involvement § Becomes known that medicine dependency may threaten life or
health § Existence of a physical/mental disability indicates that the student's physical safety is in danger ·
The Vice President for Student Affairs and/or the Dean of Students shall initiate whatever action he deems
appropriate under the circumstances in the best interest of the missing student.
The Office of Student Affairs may also contact the student's instructors, advisor, coaches, student employment
supervisor, the news media, etc. if necessary or beneficial in the situation to the student.
Parking Regulations and Information
All vehicles on campus are subject to the college's parking regulations. All vehicles owned/operated by students are required to be
registered with the College and obtain a St. Scholastica parking permit. Intentionally misrepresenting your vehicle by using a
parking permit other than the one you are entitled to is a violation of the parking code. Student parking permits are valid only if they
are for the current academic year and are hung from the rear-view mirror with the numbers facing outward.
A copy of the College's Parking Regulations can be obtained by going to Parking and Transportation web page
at:www.css.edu/Parking-Transportation.xml
Residential Life and Housing Policies and Handbook
Click to access full ResLife Handbook
Welcome, Mission and ResLife Learning Outcomes:
We are so excited to welcome you to your on-campus living experience at The College of St. Scholastica. We are very excited to
have you enter into our living and learning community with us this year, and engage in transformative co-curricular learning and
development. Transformation requires an open heart and open mind. Your roommate(s) and neighbors may be very similar to you
in some ways and may be very different from you in some ways. We expect all people to live with others with the openness,
hospitality, respect and love of the Benedictine traditions.
More broadly, the Housing and Residential Life Team works with the academic staff to provide the following:
1. A residential climate in which students can pursue academics and experience a learning-living environment.
2. An atmosphere conducive to personal, spiritual, academic and social growth.
3. Opportunities for social events and educational programs: a warm, comfortable, yet challenging atmosphere for student
growth.
The Residential Life Team works consistently to provide adequate facilities, trained staff, and programs to enhance student and
institutional goals.
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One of the most exciting opportunities about living on campus is that you build the foundation for many lifetime friendships with
your roommate(s), floormates, and Resident Advisors (RAs). Be open, try new things, and make new friends. You never know who
you will meet!
Residential Life Mission
Residential Life team members consistently work towards providing adequate facilities, trained staff, and programs enhancing
student and institutional goals. By living and learning on in CSS campus housing, you will have rich opportunities to:
1. To develop a sensitivity to the rights and values of others;
2. To develop accountability on the part of every student for his/her own actions;
3. To create an interpersonal environment which provides the opportunity for human growth and development;
4. To enhance the Benedictine tradition in the lives of our residents.
5. The goal of the Residential Life Program is to enhance the living situation of each student in order to promote maximum
personal growth.
Residential Life Learning Outcomes
Residential Life has identified Residential Learning Outcomes for students who actively participate in a communal learning
environment. Identifying learning outcomes for residential students provide direction and intention to the work of our professional
and student staff. Our efforts and programs are designed to provide students opportunities for personal development and growth.
Specifically, residential students will be able to:
1. Develop effective communication skills for interpersonal relationships.
2. Apply critical thinking skills to their personal lives.
3. Examine their individual identity through the identification of personal/professional/social/academic goals and values.
4. Articulate the importance of living in a community that is welcoming to people from all cultures and faith traditions.
We urge you to make the most of your college experience through active involvement in your community by participating in wing
meetings, campus activities, and floor events. We challenge you to utilize the resources in people, programs and facilities here at
St. Scholastica to the utmost of your capability. Please know that you are always able to reach out to us at our office in Somers
Hall 168, email us, call us at (218) 723-6391, or connect with your RA as well. We look forward to the best year yet! Please refer to
the Residential Life Handbook for specific policies.
Risk of Participation Policy
The College of St. Scholastica offers a variety of physical activities, intramural sports, student activities, club activities, and
intercollegiate sports. Participation in these activities is purely voluntary. By participating, the student agrees that he/she
understands that his/her involvement in such activity involves the risk of injury and that such injuries may be of a minor or major
character.
By participating in College activities, the student agrees to release the College and its agents and employees from any and all
claims, demands and causes of action whatsoever in any way arising or resulting from the student's participation in such activities,
including any claims resulting from the negligence of the College, its agents or employees.
Sexual & Gender Based misconduct
This set of policies includes the policies, procedures and resources related to:
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This set of policies includes the policies, procedures and resources related to:
Sexual Assault, Sexual Violence and Sexual Misconduct
Sexual Harrassment
Intimate Partner Violence (often knows as Domestic Violence or Dating Violence)
Stalking
Consensual Relations
Notice of Non-Discrimination:
The College of St. Scholastica does not discriminate on the basis of sex or gender in its education and employument programs
and activities. Inquiries concerning the application of Title IX should be referred to any or all of the following:
● Title IX Coordinator-Human Resources: Nam Provost (218)-723-7032
● Title IX Deputy-Athletics: Stacey Deadrick (218)-723-6299
● Title IX Deputy-Student Affairs: Steve Lyons (218)-723-6167
● Title IX Deputy-Academic Affairs: Jeri Collier (218)-723-6064
● Title IX Deputy-Extended Sites: Amy Grimm (651)-403-8627
Sexual Assault, Sexual Violence, Sexual Harassment, Intimate Partner Violence, and Stalking are crimes punishable by both civil
and criminal legal action and are serious violations of College policy. Behaviors that contribute to or constitute Sexual
Assault/Violence, Sexual Harassment, Intimate Partner Violence, and Stalking have no place at the College of St Scholastica,
where people are expected to learn and develop to their full potential. Through the Sexual and Gender Based Misconduct Policy
and Protocol, CSS seeks to provide a consistent, caring and timely response when these behaviors occur within the College
community. Support and information will be available to assist campus community members in making reporting decisions and
throughout the reporting process.
This policy applies to all members of the college community including students, employees (all staff and faculty) as well as
independent contractors, vendors, volunteers who perform work for the College, alumni, and guests or visitors of the College.
Sexual Assault: Definition
Behaviors that constitute Sexual Assault/Violence misconduct offenses include but are not limited to the following:
a) Non-Consensual Sexual Penetration (commonly known as rape or sexual assault) as defined as any sexual penetration
(anal, oral, or vaginal) however slight using any body part or object by a person of any sex upon another person of any sex
without consent or with force.
b) Non-Consensual Sexual Contact (also form of sexual assault) as defined as any intentional sexual touching however
slight using any body part or object by a person of any sex upon another person of any sex without consent or with force.
c) Sexual Exploitation as defined as when an individual takes nonconsensual or abusive sexual advantage of another
individual for one's own advantage/benefit, or to the advantage/benefit of someone other than the person being exploited; the
behavior may not otherwise fall under the definition of other sexual misconduct offenses.
d) Sexual Harassment additionally can be considered an offense under the Sexual Violence Policy.
Consent: Definition
Informed, conscious, and voluntary consent is free of risk, and a process which respects all partners' boundaries. Consent is a
clear YES to the sexual act in question, every time. Consent to one form of sexual activity cannot imply consent to other forms of
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sexual activity. Previous relationship or consent cannot imply consent to future sexual acts. Silence and/or body language, in and
of themselves, cannot be interpreted as consent. Consent must be present throughout the sexual activity and may be initially
given, but withdrawn at any time. When consent is withdrawn, all sexual activity must stop. Consent is not giving in because of fear,
to gain approval, to avoid being hurt or due to coercion. Consent cannot be given if someone is mentally and/or physically
incapacitated (by alcohol, drug use, unconsciousness, sleep, restraint, blackout or legal status) where someone cannot give a
rational, reasonable decision. Consent is always active, not passive. For reference to Minnesota's legal statute regarding consent,
please visit www.revisor.mn.gov/statutes/?id=609.345
Sexual Harassment Definition
Sexual Harassment is defined as any unwelcome conduct of a sexual nature or that is sex or gender based which can be verbal,
written, online, and/or physical conduct.
Sexual Harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment, and/or creates a
hostile environment.
Behaviors that contribute to Sexual Harassment offenses include but are not limited to the following:
a) A hostile environment is created when sexual harassment is:
sufficiently severe, or
persistent or pervasive, and
objectively offensive to the point that it
reasonably interferes with, denies or limits someones ability to participate in or benefit from the College's
educational and/or employmeny, social, and/or residental programs and activities
b) Quid Pro Quo Harassment is:
Unwelcome sexual advances, requets for sexual favors, and other verbal or physical conduct of a sexual nature
By a person having power or authory over anothers constitutes sexual harassment when
Submission to such sexual conduct is made either explicitly or implicity a term or condition of rating or
evaluating an individual's educational or employment progress, development, or performance
This includes when submission to such conduct would be a condition for access to receiving the benefits of
any educational or employment program. Examples include, but are not limited to: an attempt to coerce an
unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual
attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to
sexual advances; sexual violence; intimate partner violence; stalking; gender based bullying.
c) Retaliation is adverse employment or education action due to participation in an investigation or a reporting process
Intimate Partner Violence: Definition
Intimate Partner Violence, also referred to as Domestic/Dating/Relationship Violence, is defined as a pattern of behaviors used to
exert power and control over someone else in an intimate relationship (whether opposite- sex or same-sex, current or former)
such as dating, living together, domestic partnerships or marriage.
Behaviors can include, but are not limited to:
● Physical Violence: hitting, slapping, pushing, kicking, biting, pinching, holding or restraining, choking, or burning
● Sexual Violence: forcing sex or specific sexual acts or behaviors and rape
● Intimidation: breaking items, throwing things, hurting animals
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● Intimidation: breaking items, throwing things, hurting animals
● Threats and Coercion; suicidal threats, threats of violence, threats to report the victim for misconduct or destroy their
reputation and social connections, coercion under threats to make the victim do things they normally would not and use
those activities as further threats
● Isolation: keep victim away from your friends and family, monitor and/or limit phone calls, texts, emails, Facebook or other
forms of communication, monitor interactions and activities throughout the day, not allow participation in activities or hobbies,
use jealousy as an excuse for all of these behaviors
● Emotional Abuse; name calling, put downs in front of others, humiliate and degrade victim through words and behaviors,
require victim to look or dress a certain way
● Minimize, blame and deny the controlling behavior and abuse; blame the victim for the abusive behavior; define the abusive
behavior as loving behavior, describe the abusive behavior as normal
● Use of Privilege: use male privilege and social roles to justify behavior; use status as a citizen, certain religious faith, race,
ethnicity, sexual orientation or other privilege of status to threaten, coerce or justify behavior
● For same-sex partners: "outing" or the threat of "outing" can be a strong element of control.
A person in an abusive relationship may experience some but not all of these behaviors. They work together in any
combination to create power and control from one over another in an intimate relationship. Some aspects of intimate partner
violence are illegal such as physical and sexual violence, threats of violence and destroying property. All of these behaviors
indicate a relationship that is unhealthy and potentially dangerous.
Stalking Definition:
A pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person
that would cause a reasonable person to feel fear of imminent physical, sexual, or emotional harm or causes substantial
impairment of the other person's ability to perform the activities of daily life. Stalking is against the law in every state. Stalking
across state lines or in federal territories is illegal under federal law.
Behaviors can include but are not limited to:
● Repeated, unwanted, intrusive, and frightening communications by phone, text, mail, and/or email.
● Repeatedly leaving or sending unwanted items or presents.
● Following or laying in wait at places such as home, school, work, or recreation place.
● Making direct or indirect threats to harm someone, his or her children, relatives, friends, or pets.
● Damaging or threatening to damage property.
● Harassment through the internet.
● Posting information or spreading rumors on the internet, in a public place, or by word of mouth.
● Obtaining personal information of someone by accessing public records, using internet search services, hiring private
investigators, going through their garbage, following them or contacting their friends, family work, or neighbors, etc.
● Technology can be used to stalk. Although newly-developed technology enhances our lives, it can also empower criminals.
Cell phones, computers, networking sites, social media sites, and surveillance equipment are just some of the technologies
stalkers now use.
To an outsider, stalking behavior can appear friendly and unthreatening. These acts, however, are intrusive and frightening if they
are unwelcome.
Reporting Options
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There are multiple options of reporting, on and off campus, if you have experienced sexual and/or gender based misconduct.
All options are viable and open to campus community members. You are the only person who will be able to make a
decision regarding the best reporting option for you and your healing. We strongly encourage campus community members to
use the Gender Equity & Anti-Violence Allies (GEVA) (www.css.edu/geva)who are trained confidential campus resources
who can help you to navigate options, resources, and support. Campus community members may access campus resources
regardless of which report they make and the campus they utilize.
Additionally, campus staff and faculty would like to aid and support student victims/survivors of violence in the best way that
we can. In an effort to create a victim centered response, we would like to keep the choice and power of reporting in the
hands of the victim/survivor as much as we can. However, certain staff and faculty members of the College may be required
by state and federal law to report disclosures of sexual and gender based misconduct of campus community members to/by
campus community members to our Title IX Coordinators to ensure safety of all its community members; such requirements
are outlined below. Regardless of a person's confidentiality and reporting requirements, we will make every effort to keep
your information and the information regarding the incident as private as possible; with information only being shared with a
tight group of trained staff and faculty involved with the investigation of the incident.
Please be advised about reporting options and the requirements of staff/faculty to report disclosures. If you are unsure about
a staff or faculty member's duties and ability to maintain your privacy, ask them before you talk to them. They will be able to
tell you their responsibilities and help you make decisions about who can help you best in your healing.
To Report Confidentially: (All reports can be found on www.css.edu/vip)
Campus community members, who desire to keep the details of an incident confidential, should speak with members from
Counseling Services, Health Services, the GEVA Team, and/or other off campus resources and support such as PAVSA
(Duluth's Rape Crisis Center) or Safe Haven (Battered Women's Shelter). Campus counselors and many of the off campus
agencies services are available free of charge. To ensure the College is keeping and portraying accurate accounts of
disclosures of sexual and gender based violence, these campus community members are asked to fill out a CSS Confidential
Report Form to help keep accurate statistics about issues of sexual and gender based violence which will be recorded by our
Title IX Coordinator. This option does not prompt a thorough formal campus investigation. This document contains no
personally identifiable information, solely provides statistical data. These resources are not required to fill out any other
information unless a victim/survivor desires or we find a greater need to protect the campus community. If a victim/survivor
chooses, one of these confidential members can aid you in filling out a CSS No Name Report or CSS Formal Report for
Investigation, however this is not a requirement. These members may suggest a campus community member speak with a
member of the GEVA Team (Gender Equity & Anti-Violence Allies Team) who can aid in the understanding, clarification, and
choosing of various reporting options. To connect with a GEVA, see this link: www.css.edu/geva.
CSS No Name Report (Quasi Confidentiality): (All reports can be found on www.css.edu/vip)
Many members of the campus community can be resources who are not required to tell anyone your private, personally
identifiable information unless there is cause for fear for your safety or the safety of others, however are required to fill out a
CSS No Name Report. These resources include those without supervisory responsibility or remedial authority to address
sexual and gender based misconduct, such as RA's, Residence Life Staff, Faculty Members, Admissions Officers, Student
Activities Personnel, Coaches, and Student Affairs Staff. These members are required to make a CSS No Name Report
within 24 hours of the disclosure of sexual and gender based misconduct to the Title IX Coordinator(s). Information on this
report does not contain any personally identifiable information of the victim, except in the rare event that the incident reveals
a need to protect you or other members of the campus community. This report does contain personally identifiable
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a need to protect you or other members of the campus community. This report does contain personally identifiable
information about the reported parties.
In addition to the requirement to fill out a CSS No Name report based on professional role at the College dictated by state and
federal law, campus community members may also chose this reporting options as it provides campus community members
who experience or witness a violation of the policy a way to report the incident without disclosing their identity (if they don't
want to.) If a campus community member wishes, staff and faculty can aid in making a CSS Formal Report for Investigation
however this is not required. Additionally these members may suggest you speak with a member of the GEVA Team
(Gender Equity & Anti-Violence Allies) who can aid in the understanding, clarification, and choosing of various reporting
options. To connect with a GEVA, see this link: www.css.edu/geva.
If this option is chosen for reporting purposes, the College's ability to thoroughly investigate and adjudicate the matter may be
limited. However, the victim/survivor can always decide on a later date, providing all members of the incident(s) are still a part
of the campus jurisdictions to make a CSS Formal Report for Investigation which would allow the college to conduct a
thorough investigation and adjudication process. Regardless of the report, the College is committed to keeping the community
safe and free from sexual and gender based misconduct.
CSS Formal Report for Investigation (Non-Confidential Reporting Option): (All reports can be
found at www.css.edu/vip).
Campus community members are encouraged to speak to officials of the institution to make a CSS Formal Report for
Investigation of incidents should they choose. Speaking with Deans, Presidents, Vice Presidents, Campus Security, Human
Resources, and other administrators with supervisory responsibilities will initiate a formal on campus internal investigation of
the incident(s). These members are considered responsible employees based on Title IX and are required to disclose your
information to the Title IX Coordinator. Filing a CSS Formal Report for Investigation prompts a thorough campus investigation.
Formal reporting doesn't mean that your report won't be confidential, but it does mean that people who need to know will be
told and information will be shared as necessary with investigators, witnesses, and the reported party. The circle of people
will be kept as tight as possible, to preserve your rights and privacy. Campus community members who are unsure about
whether they would like to make a formal report are strongly advised to speak with a confidential resource or a member of
the GEVA Team (Gender Equity & Anti-Violence Allies) to aid in understanding, clarification, and choosing of various
reporting options. To connect with a GEVA, see this link : www.css.edu/geva.
Off Campus Reporting: Duluth Police Department (Call 911)
Campus community members wanting to make an external report to law enforcement can report to the Duluth Police
Department by calling 911. This is an off campus process, but students are entitled to this option should they choose. A
campus community member can choose to complete both an on campus formal investigation and an off campus report to
police. A campus community member needing assistance making a report to the police should connect with a member of the
GEVA Team. It is advisable for campus community members who have experienced sexual and/or gender based misconduct
wishing to make an external report to save any evidence of the case that they can. Evidence that would be helpful includes
but is not limited to: clothes at the time of the incident, bedding, pictures, texts, etc. Such evidence may be important in on
campus investigations as well. Lack of such evidence should not deter any person from making any type of report they
desire. It is advisable to consult with a member of the GEVA Team (Gender Equity & Anti-Violence Allies) should you have
questions or need/want assistance through the process. To connect with a GEVA, see this link: www.css.edu/geva.
Investigation
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Following the disclosure of an incident(s) of sexual and/or gender based misconduct, the College will provide prompt, thorough,
and impartial investigations and remedies to address and prevent the recurrence of sexual and gender based misconduct on our
campus. All CSS Formal Reports for Investigation will be investigated by the Sexual & Gender Based Misconduct Investigation
Team under the guidance of the Title IX Coordinator(s). The Title IX Coordinator(s) will conduct a preliminary investigation (Little I)
to determine the appropriate charges to be investigated. The Sexual & Gender Based Misconduct Investigation Team will then
conduct an investigation sharing the results with only the Title IX Coordinator(s) who will make a finding of whether sexual and/or
gender based misconduct has taken place. The Title IX Coordinator(s) will then consult with appropriate adjudication bodies for
sanctioning. Both the victim/survivor and reported party will be informed of all outcomes in person and in writing. Witnesses will not
be informed by Title IX Coordinator(s) of the results and outcomes of an investigation.
The College's investigative process of sexual and/or gender based misconduct is not a legal process and is not a substitute for
making formal legal charges to the police. If a civil or criminal suit is filed, the College reserves the right to conduct its own
investigation and proceedings regardless of the status or resolution of any civil or criminal litigation.
Sanctions
Temporary sanctions and/or accommodations for immediate safety concerns may be implemented during the course of an
investigation. Interim action may be imposed as outlined in the Judicial Disciplinary Procedures and Process section of this larger
handbook w
( ww.css.edu/studenthandbook). Victims/survivors will be provided with information regarding accommodations and
assistance. To get temporary accommodations, please visit the GEVA Team (Gender Equity & Anti Violence Allies), Title IX
Coordinator(s), Vice President of Human Resources, Vice President of Student Affairs, Dean of Students, or their designees.
Final sanctions for violating this policy with the evidentiary standard of "more likely than not" that a policy violation occurred will be
determined by the Dean of Students for students. When the reported party is an employee or third party with a business/financial
relationship with the College, the Vice President of Huamn Resources shall determine appropriate sanctions. To protect the federal
privacy rights and identify of victims and witnesses as well as the integrity of the investigation, the Vice President of Human
Resources may consult with supervisors but they are not entitled to review the investigative report.
Final sanctions for students includes but is not limited to the possibility of requiring counseling, transferring departments, probation,
warnings, suspensions, expulsion, dismissal, and/or termination from the College. Final sanctions for employees or third party,
includes but is not limited to suspension or dismissal from the college, immediate termination of employment, issuance of
no-trespass orders, revocation of tenure, and cancellation of any previously agreed upon financial contracts or arrangements
A campus community member charged with violating the sexual and gender based misconduct policy can be prosecuted under
Minnesota Criminal Statutes and/or disciplined under the Campus Code of Conduct. Even if criminal justice authorities choose not
to investigate or prosecute, the College may pursue disciplinary action. For additional information on campus investigation and
sanctioning procedures, refer to the judicial procedures of this handbook.
No Retaliation
Retaliatory or intimidating conduct is prohibited against any individual who has made a report of sexual and gender based
misconduct or who has testified or assisted in an investigation. Retaliatory or intimidating conduct may include, but is not limited to;
the use of texts, emails, conversations, phone calls, or other contact directly or through third parties; friend or acquaintance. The
College of St. Scholastica will investigate and take appropriate action against any student, faculty, or staff member who retaliates
against any person for their report of sexual and gender based misconduct. Temporary sanctions and/or accomodations for
immediate safety concerns may be implemented during the course of an investigation of retaliation and/or under further final
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sanctions are imposed.
Charges against Organizations/Departments
When there is reason to believe that a campus organization (such as a student club, athletic team, campus academic department,
staff/faculty committee) has committed or promoted behavior involving sexual and gender based misconduct of another campus
community member, the organization may be disciplined. Sanctions may include but are not limited to loss of funding, loss of
recognition by the college, and individual members of the organization in question may be held responsible for their actions which
violate this policy and subject to further sanctions. All campus organizations/departments are responsible for the actions of its
members when they are operating on behalf of the organization/department.
Release of Information
Timely warnings must be issued to the campus community if the reported campus community member(s) involved in the incident(s)
is/are believed to pose a substantial threat of bodily harm or danger to members of the community. The victim's name and other
identifying information will not be disclosed, but there will be enough information for students, faculty, and staff to make personal
decisions for their own safety.
In cases in which the reported party is believed to pose no substantial threat of bodily harm or danger, the College must still report
statistical information regarding the type of incident and the general location for publication in the Annual Campus Security Report.
No further information regarding the victim or the incident may be related to the campus community in these cases.
All documentation regarding a formal report of sexual and gender based misconduct will be kept on file in the Title IX
Coordinator(s) Office. No disciplinary documentation will remain in the student's permanent record at the campus, with the
exception of incidents resulting in college expulsion, which are on student records permanently.
Rights of Both Parties
Rights of a Victim of Sexual and Gender Based Misconduct
Campus community members who have been victims of sexual and gender based misconduct will receive an explanation of their
rights in person and in writing. These rights include but are not limited to the following:
1. To have a support person of their choosing present during any meetings, interviews or hearings, although support persons
are not allowed to speak or participate in the proceedings.
2. To receive private and confidential medical treatment
3. To receive information about and access to all campus accommodations available, including assistance in making
changes to academic, work or living environments.
4. To receive information on how the reporting and investigation process proceeds.
5. To choose whether they would like to participate or not in police and/or campus investigations and judicial procedures.
6. To be notified when a report has been made by a third party naming the person as the victim.
7. To expect that if they make a formal report, a Title IX Coordinator shall initiate an inquiry and determine whether an
investigation is required within three weeks of filing the report.
8. To expect that if a Title IX Coordinator determines that sufficient information exists to conduct a formal investigation, the
investigative process and any imposition of sanctions will be concluded within no less than 60 days of the campus community
member making a formal report.
9. To receive a timely, written, formal notice of the charges
10. To have safety issues addressed throughout the investigative and judicial process, and no expectation or requirement of
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participating in mediation.
11. To have prior mental health or incidents of violence against the person (except those which establish a pattern i.e.:
sexual harassment, intimate partner violence, stalking) excluded from a campus hearing.
12. To be exempt from charges of other lesser secondary violations of policy in making a report (see "Amnesty for
Gender-Based or Sexual Misconduct/Violence Complainants and Witnesses).
13. To receive written information about the outcome and sanctions of any disciplinary hearing or adjudication determination.
14. To request an appeal, although appeals will only be granted in the event that there exists a preponderance of evidence
that the investigation process was significantly flawed such that the findings were erroneous.
Rights of a Person Accused (Reported Party) of Sexual and Gender Based Violence
Campus community members who have been named as reported parties of sexual and/or gender based misconduct will receive
written notification of their rights and have an opportunity to receive a verbal explanation as requested. These rights include but are
not limited to:
1. To have a support person of their choosing present during any meetings, interviews or hearings, although support persons
are not allowed to speak or participate in the proceedings.
2. To receive information on how the reporting and investigation process will proceed
3. To receive a timely written, formal notice of the charges.
4. To know the identity of the accuser. If the victim is not the accuser, the victim will not be named. Reported parties do not
have the right to confront the accuser or named victim personally.
5. To expect that if a Title IX Coordinator determines that sufficient information exists to conduct a formal investigation, the
investigative process and any imposition of sanctions will be concluded no less than 60 days of the campus community
members making a formal report
6. To receive written information about the outcome and sanctions of any disciplinary hearing or adjudication determination.
7. To request an appeal, although appeals will only be granted in the event that there exists a preponderance of evidence
that the investigation process was significantly flawed such that the findings were erroneous
Dissemination of Sexual and Gender Based Violence Policy
The College of St. Scholastica Sexual and Gender Based Violence Policy will be reviewed annually and as needed with the
College's Community Coordinated Response Team. A copy of the policy will appear annually in the student handbook and online at
the St. Scholastica website at www.css.edu/studenthandbook. All students, staff, and faculty are expected to be knowledgeable of
this policy and to adhere to campus policy therein.
Resources/Support
If you have experienced sexual and/or gender based violence, resources and support are available to you. The GEVA Team
(www.css.edu/geva) can help clarify options, connect you to resources, and provide support. Additionally, the College of St.
Scholastica has events and programming related to sexual and gender-based misconduct. Click here for further information about
resources, programming and support (www.css.edu/vip).
CONSENSUAL RELATIONS
The purpose of this policy is to ensure that the College of St. Scholastica's academic, living and work environment remains free
from real or apparent conflicts of interest when individuals in positions of unequal power at the college are involved in consensual
romantic or sexual relationships. When individuals involved in a consensual romantic or sexual relationship are in positions of
unequal power at the college, there is the potential for a conflict of interest, favoritism, exploitation and gender-based or sexual
49
unequal power at the college, there is the potential for a conflict of interest, favoritism, exploitation and gender-based or sexual
misconduct. In order to protect the integrity of the college academic, living and work environment, this policy outlines limitations on
consensual romantic or sexual relationships between faculty, staff and students at the College of St. Scholastica.
A. Definitions:
For the purpose of this policy, the following definitions apply.
• Consensual romantic or sexual relationships: Relationships of a romantic, dating, and/or sexual nature entered into with
consent of both parties.
• Consent: Informed and voluntary consent is free of risk, and a process which respects all partners' boundaries. Consent is
a clear "yes" to the sexual act in question, every time. Consent to one form of sexual activity cannot imply consent to other
forms of sexual activity. Previous relationships or consent cannot imply consent to future sexual acts. Silence and/or body
language, in and of themselves, cannot be interpreted as consent. Consent is not giving in because of fear, to gain approval,
to avoid being hurt or due to coercion. Consent cannot be given if someone is mentally and/or physically incapacitated (by
alcohol, drug use, unconsciousness, sleep, restraint, blackout or legal status, where someone cannot give a rational,
reasonable decision, if one party is under 18 years of age and the other party is more than 24 months older, or if one party is
18 years of age and the other party is more than 48 months older. Consent is always active, not passive. Non-consensual
sexual contact is addressed in the Gender-Based and Sexual Misconduct Policy.
• Supervisory or evaluative authority: The power to control or influence another person's employment, academic
advancement, or extracurricular participation, including but not limited to, hiring, work conditions, supervision, compensation,
promotion, discipline, academic advancement, academic advisement, admission, grades, assignments, work placement,
conduct adjudication, supervision of academic work, recommendations, financial support, or participation in extracurricular
programs.
• Employee: All full and part-time faculty and all full and part-time staff whose employment is not otherwise connected to
their primary status as a student. For purposes of this policy, "employee" does not include students employed by the College
in a part-time capacity in connection with or due to their primary status as a student.
• Gender-Based and Sexual Misconduct: Gender-based and sexual misconduct includes but is not limited to sexual
harassment, gender discrimination and intimidation, sexual exploitation, non-consensual sexual contact or attempts to
commit the same, non-consensual sexual intercourse or attempts to commit the same and any violations of this Consensual
Relations policy. See the College's Gender-Based and Sexual Misconduct policy.
B. Romantic or Sexual Relationships Between Faculty/Staff and Undergraduate Students:
Consensual romantic or sexual relationships between faculty or staff and students, even absent any supervisory or evaluative
authority, may lead to unanticipated conflicts of interest. Due to the institutional power differential in the employee-student
relationships, there is the inherent risk of coercion and the perception by others of exploitation. Due to the emotional, physiological,
cognitive and other developmental stages/changes typical of the majority of the traditional undergraduate population, there exists a
high risk that relationships that may have been willingly entered into at the time might later be deemed by the student or former
student to have been coerced or exploitative. When undergraduate students are involved, the difference in institutional power and
inherent risk of coercion are so great that no employee shall enter into a romantic, dating, or sexual relationship with a college
undergraduate student, regardless of whether there is a supervisory or evaluative relationship between them. Further, no
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employee shall enter into or attempt to enter into a romantic, dating or sexual relationship with any person who is 18 years of age
or younger.
Exceptions: In the case of prospective or current non-traditional aged undergraduate students with pre-existing relationships with
a faculty or staff member (such as with spouses utilizing tuition benefits to complete their undergraduate degree), accommodations
will be made on a case-by-case basis, and, when possible and if necessary, will lead to development of a management plan in
consultation with the department chair, dean, supervisor and Vice President of Human Resources.
This policy does not preclude students employed by the College in a part-time capacity in connection with their student status from
engaging in consensual relationships with other students, so long as the student is not in a paid role in which he/she supervises
the other student.
C. Romantic or Sexual Relationships Between Faculty/Staff and Graduate Students:
Consensual romantic or sexual relationships between employees and graduate/professional students may also lead to
unanticipated conflicts of interest. No faculty member shall enter into a romantic, dating or sexual relationship with a college
graduate/professional student over whom he/she has supervisory or evaluative power or who is pursuing a degree in his/her
school. No staff member shall enter into a romantic, dating or sexual relationship with a college graduate/professional student over
whom he/she has supervisory or evaluative control or influence, or influence with regard to admission, financial aid, advisement,
student conduct adjudication or other matters that can directly impact a student's academic, financial or employment status. Should
such relationship be in existence as of the effective date of this policy, it must be disclosed by the faculty or staff member to his/her
department chair or supervisor and the Department of Human Resources within 30 days of the effective date.
D. Romantic or Sexual Relationships Between Employees
To protect the integrity of the college academic and work environment, the College requires
that when a consensual romantic or sexual relationship exists or has existed between employees in positions of unequal power at
the College, the person with the greater power must not hold any supervisory or evaluative authority over the other person in the
relationship, except as provided below. If such a consensual relationship exists or develops, the person in the position of greater
power must immediately report the relationship to his or her supervisor, department chair, dean, and the Department of Human
Resources. It is the responsibility of both the person with the greater power in the relationship and the individual to whom the
relationship is reported to ensure that the party with the greater power is removed from any supervisory or evaluative authority over
the other party to the relationship. Failure to comply with the notification, removal, or management plan requirement is a violation of
this policy.
E. Sanctions
Violations of this policy have the potential to not only cause irrevocable harm to individuals, but endanger the college community,
the college's standing in the community and the public trust and confidence in the college. Therefore, violations of this policy will
result in disciplinary actions up to and including termination of employment.
BIAS, BULLYING, DISCRIMINATION, HARASSMENT POLICIES
Bias Reporting Form
Issued By: Human Resources
Effective Date: August 01, 2014
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This section includes:
Bias Incident Policy
Discrimination, Discriminatory Harassment, General Harassment/Bullying and Workplace Violence Policy
Related: See the section of this CSS Student Handbook: Sexual and Gender-Based Misconduct Policies
BIAS INCIDENT POLICY
STATEMENT OF PURPOSE
It is the goal of the College of St. Scholastica as a Catholic Benedictine community to nurture an environment that actively
acknowledges and values diversity and is free from racism, sexism, and other forms of prejudice, or discriminatory harassment.
Informed by our Catholic Benedictine heritage and its values of community, hospitality, respect, stewardship and love of learning,
we are compelled to be open to diverse points of view and to encourage respectful dissent while engaging in intellectual discourse.
However, respectful intellectual discourse does not include bias-related conduct that assaults the dignity and worth of the
individual. Protected freedom of expression ends when bias-related hate, intimidation, hostility or discriminatory harassment begins.
PROHIBITED CONDUCT
Bias Incident
A Bias Incident is defined as single or multiple acts of verbal, written, electronic or physical expressions of disrespectful bias, hate,
intimidation, or hostility against an individual or group or their property because of the individual or group's actual or perceived
status of being in a federally protected class. Such classes include race, color, religion/religious creed, gender, gender
identity/expression, age, ethnicity, national origin, disability, veteran-status, marital status or sexual orientation. Expressions may
be in the form of language, words, signs, symbols, threats, or actions that could potentially cause alarm or fear in others or that
endanger the health, safety and welfare of members of the campus community. To be considered within this definition, the words
or conduct must be objectively offensive to a reasonable person.
Discriminatory Harassment
A Bias Incident in which a person or group in a protected class also experience harassing behavior may rise to the level of
Discriminatory Harassment, which federal law prohibits in educational institutions by federal law. Discriminatory Harassment is
based on an individual's protected characteristic(s). Discriminatory harassment is defined, for purposes of this policy, as words or
conduct that degrades or shows hostility or aversion towards an individual because of his or her protected characteristic(s) and which:
• Has the intent or effect of unreasonably interfering with the individual's work, living or learning environment
• Has the purpose or effect of creating an intimidating, hostile or offensive working, living or learning environment ("hostile
environment")
• Otherwise adversely affects an individual's employment, living or learning opportunities.
While all incidents of discriminatory harassment are also bias incidents, a bias incident only become discriminatory harassment if
the above criteria are met. Discriminatory harassment may occur in situations where there is a power differential between the
parties (between any persons on campus or between any persons at any campus activities), or where the persons share the same
status (i.e., student-student, faculty-faculty, staff-staff). It may occur between members of the same or opposite sex.
All forms of discriminatory harassment are prohibited and may include, but are not limited to, the following conduct:
• Verbal abuse, offensive innuendo or derogatory words or slurs, stereotyping, threats, intimidation, epithets or comments
52
based upon or motivated by the person's protected class status;
• Making decisions about a person's employment, compensation, academic progression, admission or other determination
impacting their education or employment that is based upon or motivated by the person's protected class status;
• Written or graphic materials or objects, pictures, or other media placed on or circulated within College premises (walls,
bulletin boards, computer terminals, vehicles, email, text messages, etc.) that show hostility or aversion toward an individual
or group or which create a hostile working/learning environment based on or motivated by a person's protected class status.
• Failure to provide religious or disability related accommodation as may be required under applicable law.
• Sexual Harassment, including unwelcome, gender-based verbal, written, online and/or physical conduct. Sexual
harassment may be non-sexual conduct provided the behavior is unwelcome and based on sex or gender identity/gender
expression. Sexual Harassment and sex discrimination will be addressed in accordance with the Gender-Based & Sexual
Misconduct/Violence policy (Staff and Faculty Handbook or Student Handbook).
Bias Incidents/Discriminatory Harassment of a Criminal Nature:
Particular crimes, if perpetrated because of certain characteristics of the victim (as defined in the law) trigger heightened penalties.
Included crimes are criminal damage to property, and assault. Bias incidents that rise to the level of criminal behavior will
automatically be referred to campus and local authorities and are not covered in the "procedures" section of this policy.
Conduct and Free Speech:
Nothing in this policy should be construed as an abrogation of freedom of expression as established in the Student Code of
Conduct. This policy is designed to prevent and address incidents of actual or suspected bias related to the protected classes
listed in the definition above. The policy is not meant to address other kinds of interpersonal conflicts or the everyday interpersonal
frictions and irritations we all experience. However, persons will be held responsible for the impact of their expression on others if it
induces fear, feelings of intimidation, hatred or hostility. The conduct or expressions underlying some bias incidents might be
protected speech, but still violate the College of St. Scholastica's commitment to inclusivity, diversity and civility.
REPORTING
Bias Report Form
Allegations of bias incidents or discriminatory harassment involving employee conduct toward other employees or student conduct
toward employees should be reported to Patricia Pratt-Cook, Vice President of Human Resources and Chief Diversity Officer.
Allegations involving student conduct toward other students under this policy should be reported to Nam Provost, Director of
Inclusive Excellence. Employees or students may report incidents in person, but are encouraged to use the on-line Bias Incident
Report form at http://www2.css.edu/app/programs/diversity/biasReporting. This on-line reporting process is only available to the St.
Scholastica community, so campus community members will be required to log in with their CSS user name. Campus community
members may choose to remain anonymous by making such selection when completing the report, although anonymous reports
may greatly limit the ability of the college to address the issue. The identity of campus community members who select
"anonymous" when filling out the report will not be disclosed to authorities who view the report, except in the rare instance when it is
determined that a crime may have been committed.
INDIVIDUALS COVERED UNDER THIS POLICY
This policy applies to all members of the college community including students, employees (including all staff and faculty) as well
as independent contractors, vendors, volunteers who perform work for the College, alumni, and guests or visitors of the College.
All employees (faculty and staff) and students who have knowledge of a suspected bias incident or discriminatory harassment are
53
All employees (faculty and staff) and students who have knowledge of a suspected bias incident or discriminatory harassment are
required to report the incident, and all are similarly required to participate in any investigation or interview process if requested.
PROCEDURE
1. If the report includes information that is specific enough to identify the identity of those involved in the incident, or includes
enough information such that determining the identity of those involved is at least a possibility, the Director of Inclusive
Excellence in the Department of Human Resources will conduct an investigation.
2. Investigations may include interviewing and taking statements from witnesses or others who may have knowledge of the
incident. A report including accompanying evidence will be compiled and submitted to the Vice President of Human
Resources and Chief Diversity Officer.
3. For all incidents investigated, the Vice President of Human Resources and Chief Diversity Officer will make a
determination with regard to whether it is more likely than not that a bias incident or discriminatory harassment as defined by
this policy in fact occurred. When incidents involve employees, any disciplinary measures will be in accordance with the staff
and faculty handbook policies. Sanctions rising to the level of discriminatory harassment may include termination of employment.
4. When incidents involve student conduct toward other students, the CDO will consult with the Vice President of Student
Affairs or Dean of Students and the Student Judicial proceedings will be followed.
5. In matters of Bias Incidents that do not rise to the level of discriminatory harassment, any student experiencing the actual
or suspected bias-related incident has the option of requesting non-binding mediation services from the Department of
Diversity and Inclusion in Student Affairs in an effort to resolve the matter. Similarly, employees may also request
non-binding mediation services from the Department of Human Resources for bias incidents that are not determined under
this process to constitute discriminatory harassment.
6. If the matter is resolved at non-binding mediation, the matter will be considered closed without any further proceedings. A
determination that resolution of the matter has successfully occurred will require agreement from the victim that he/she
experienced sufficient resolution and is mwilling to close the matter.
7. In addition to reporting the actual or suspected incident, persons experiencing or witnessing actual or suspected
bias-motivated incidents are strongly encouraged to seek assistance from a campus counselor for the purpose of supporting
them.
NO RETALIATION
The College of St. Scholastica strictly prohibits any retaliation against any individual for reporting, providing information, exercising
one's rights or responsibilities under this policy, or otherwise being involved in the process of responding to, investigating, or
addressing allegations of bias or discriminatory harassment. Therefore, any retaliation, intimidation, threats, coercion, or
discrimination against any such individual will be addressed in the most serious way by the College and treated as a separate
complaint and investigation under this policy. Anyone who is aware of possible retaliation or has other concerns regarding the
response to a report of bias or discriminatory harassment should report such concerns to the Department of Human Resources,
which shall take appropriate actions to address such conduct in a prompt and equitable manner.
On-line forms to report retaliation will be available soon.
Discrimination, Discriminatory Harassment, General Harassment/Bullying and
Workplace Violence Policy
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STATEMENT OF PURPOSE
The College of St. Scholastica is committed to fostering an environment of mutual respect among its students, staff and faculty, as
well as others who participate in the College's programs and activities. As part of this commitment, the College seeks to protect the
rights of all members of the College community and any other persons participating in college programs or having dealings with the
College, and prohibits discrimination and harassment on the basis of gender/sex (including pregnancy), gender identity/expression,
race, color, religion or religious creed, sexual orientation, national origin, ancestry, disability or handicap, age, genetics, marital
status, veteran status and any other category protected by law ("protected class status").
Discrimination and harassment based on an individual's participation in a protected activity (such as reporting alleged
discrimination or harassment) and/or retaliation against any individual who raises a good faith report under this policy is strictly
prohibited.
The College further prohibits general harassment/bullying behavior as defined by this policy against any person regardless of
whether or not they are a member of a protected class.
Incidents of sex discrimination, including sexual harassment and all other forms of gender-based or sexual misconduct/violence,
should be reported in accordance with the Gender-Based and Sexual Misconduct/Violence Policy.
It is the responsibility of all faculty, staff, students, vendors, contractors, alumni and guests of the College to contribute to an
environment free of discrimination, harassment, bullying and violence and to promptly report any such incidences to appropriate
authorities as dictated by this policy.
1. PROHIBITED CONDUCT AND REPORTING
A. Unlawful discrimination is unfavorable, unfair or inequitable treatment of a person or a "class" of people based on protected
characteristic(s) such as gender/sex (including pregnancy), gender identity/expression, race, color, religion or religious creed,
sexual orientation, national origin, ancestry, disability or handicap, age, genetics, marital status, veteran status or any other
category protected by law.
Examples of unlawful discrimination include:
• Conscious or subconscious consideration of an applicant's protected status as a negative factor in deciding whether to offer
the applicant a job interview
• Giving consideration to an individual's protected status in deciding whether to offer an employee a promotion
• Requiring that members of protected classes meet higher standards for advancement or promotion than employees who
are not in protected classes
• Denying a student the opportunity to participate in an educational activity because of his or her protected characteristic(s).
B. Discriminatory harassment is harassment based on an individual's protected characteristic(s). Discriminatory harassment is
defined, for purposes of this policy, as words or conduct that degrades or shows hostility or aversion towards an individual
because of his or her protected characteristic(s) and which:
environment")
Discriminatory harassment may occur in situations where there is a power differential between the parties (between any persons
on campus or between any persons at any campus activities), or where the persons share the same status (i.e., student-student,
faculty-faculty, staff-staff). It may occur between members of the same or opposite sex.
55
faculty-faculty, staff-staff). It may occur between members of the same or opposite sex.
All forms of discriminatory harassment are prohibited and may include, but are not limited to, the following conduct:
• Verbal abuse, offensive innuendo or derogatory words or slurs, stereotyping, threats, intimidation, epithets or comments
based upon or motivated by the person's protected class status;
• Making decisions about a person's employment, compensation, academic progression, admission or other determination
impacting their education or employment based upon or motivated by the person's protected class status;
• Written or graphic materials or objects, pictures, or other media placed on or circulated within College premises (walls,
bulletin boards, computer terminals, vehicles, email, text messages, etc.) that show hostility or aversion toward an individual
or group or which create a hostile working/learning environment based on or motivated by a person's protected class status.
• Failure to provide religious or disability related accommodation as may be required under applicable law.
Reporting Discrimination or Discriminatory Harassment
Bias Report Form
Reports may be made anonymously, although anonymous reporting greatly limits the ability of the college to remediate the issue.
Reports may also be made verbally or in person.
Allegations of discrimination or discriminatory harassment involving employee conduct toward other employees or student conduct
toward employees should be reported to Patricia Pratt-Cook, Vice President of Human Resources and Chief Diversity Officer.
Allegations involving student conduct toward other students should be reported to Nam Provost, Director of Inclusive Excellence.
Employees or students may also use the Bias Incident Policy to report matters of discriminatory harassment if they choose, which
offers an anonymous reporting option, although anonymous reporting greatly limits the ability of the college to remediate the issue.
C. Sexual Harassment is a form of unlawful sex discrimination and is governed by the Gender-Based and Sexual
Misconduct/Violence policy in this handbook.
D. General Harassment/Bullying is harassment or bullying behavior that is not motivated by an individual's protected
characteristics, but which degrades or shows hostility or aversion towards an individual which:
environment")
• Has the purpose of causing another person to experience a reasonable fear that he or she will experience unauthorized
social exclusion, humiliation, intimidation or the unlawful use of physical force
The College of St. Scholastica considers the following types of behavior to be examples of general harassment or bullying:
• Has the purpose of causing another person to experience a reasonable fear that he or she will experience unauthorized
social exclusion, humiliation, intimidation or the unlawful use of physical force
• Unwelcome physical contact or isolation that places someone in fear or apprehension of immediate harm.
• A pattern of behavior where an individual willfully, maliciously, and repeatedly follows another in his/her course of daily
activities in such a way that the person's actions can reasonably be found to interfere with another person's ability to perform
his or her regular duties or cause that person to feel frightened, intimidated, harassed, threatened or molested.
• Invasion of privacy or unauthorized taking and use of facts, information, and/or property not in the public domain that a
56
reasonable person would desire to keep from the public eye.
• Intimidation through written or physical conduct directed toward an individual or individuals that unreasonably interferes with
his/their full participation in the College community or that is intended to create or may be reasonably determined to have
created a threatening or hostile environment.
• Spreading malicious rumors or gossip about another person
• Manipulating the workload of another person in a manner designed to cause that person to fail to perform his or her
legitimate functions;
• Slandering, ridiculing or maligning a person or his/her family; persistent name calling which is hurtful, insulting or
humiliating; remarks that would be viewed by others in the community as abusive and offensive; use of nicknames after
being warned that the nickname is considered by the victim to be offensive; constant criticism on matters unrelated to a
person's job performance or description or on matters that cannot be documented;
• Engaging in social or cyber-bullying via mail, email, text message, phone, or voicemail; deliberately interfering with mail,
email, text messages, phone, voicemail or other communication
Reporting General harassment/bullying
General harassment/bullying when involving student conduct toward other students should be reported to Megan Perry-Spears,
Dean of Students. General harassment/bullying when involving employee conduct toward other employees or student conduct
toward employees should be referred to Patricia Pratt-Cook, Vice President of Human Resources and Chief Diversity Officer.
E. Workplace Violence
Workplace violence is unjust or callous use of force or power which has the likelihood of causing hurt, fear, injury or death.
Workplace violence is prohibited and violators are subject to the disciplinary action which may include sanctions and/or dismissal.
Workplace violence includes but is not limited to other prohibited activities under this policy such as bullying and harassment,
intimidation, fear, threats, hostile acts, or acts of violence toward an individual or group. Workplace violence also includes physical
or gesture bullying, such as pushing, shoving, kicking, poking, tripping, assault, or threat of physical assault; damage to a person's
work area or property, non-verbal threatening gestures such as approaching another person with fists clinched or with one or more
other fighting gestures, or any gestures which could reasonably be interpreted as threatening.
Reporting Workplace Violence
Non-emergency cases of workplace violence should be reported to Patricia Pratt-Cook, Vice President of Human Resources. In
cases where there exists immediate threat of physical harm to any person or property, campus community members should contact
the Duluth Police Department at 911 and Campus Security.
II. PROCEDURES
All reports of discrimination, discriminatory harassment, general harassment/bullying, and workplace violence will be investigated
promptly, and in as impartial and confidential manner as possible. Discriminatory harassment that falls within the scope of the Bias
Incident Policy will be investigated pursuant to that policy. Allegations of sex discrimination should be reported and will be
investigated pursuant to the Gender-Based and Sexual Misconduct/Violence policy.
Investigations may include interviews with the individual making the charges, the accused, and appropriate witnesses.
Investigations may include interviews with the individual making the charges, the accused, and appropriate witnesses. In some
circumstances it may be desirable to remove one or more of the employees involved from the workplace or to remove a student
from the classroom or residence hall environment during the investigation. Such a step may be seen as the best way to protect the
interests of everyone involved. In this event, their absence from the workplace or the College environment should not be
interpreted as meaning he or she is guilty of any wrongdoing.
57
Whenever a charge of harassment, threat, violence, etc., is considered by the College Equal Employment Opportunity Officer
and/or the Dean of Students sufficient to warrant investigation beyond the initial complaint, the next step will be to inform the
accused that the charge has been lodged, and the accused will at that time be given an opportunity to respond to the allegations.
The accused will always have the right to bring a support person to any proceeding the accused attends.
It should be the intention of every member of the community to maintain a working and learning environment free of harassment
and violence. Therefore, no retaliatory action may be taken, at any point in the process, against any individual because he or she
makes a good-faith complaint against any member of the community. In addition, those who harass or threaten a participant (a
witness, the investigator, the complainant or the accused) after a complaint has been made will be subject to appropriate sanctions.
FALSE ACCUSATIONS
False accusations can have serious effects on innocent men and women. Accordingly, accusations which are not made in good
faith may also be grounds for discipline, up to and including termination or expulsion. Discipline, if any, will be determined on a
case-by-case basis after a review of relevant information.
SANCTIONS
The College has the discretion to apply any sanction or combination of sanctions to eliminate any unlawful conduct or violation of
this policy and remedy the impact of any harassment or threats. Examples include but are not limited to:
• counseling the offender;
• transferring the offender to another position (if applicable);
• placing the offender on probation, with a warning of suspension or discharge for continuing or recurring offenses;
• placing the offender on suspension with or without pay;
• terminating the employment of the offender.
All documentation regarding any incident will be kept on file in the Equal Employment Opportunity Officer's office. The College will
assist the victim with reporting the incident to the appropriate police department if he/she wishes to do so. Other resources available:
• MN Office of Justice, Crime Victims' Unit - 1-800-247-0390
• CSS Employee Assistance - HealthPartners Employee Assistance Program - 1-866-326-7194.
• Program for Aid to Victims of Sexual Assault (PAVSA) 218-726-1442 (sexual assault cases)
Tobacco Free Policy
Purpose and Coverage
The purpose of this document is to describe the College's Tobacco Free Policy and to provide guidelines for its implementation.
The policy covers all campus facilities, grounds, College-owned or leased vehicles, and personal vehicles, and applies to all
persons, including students, faculty, staff, administrators, outside contractors, vendors and the general public. This policy does not
apply to the practice of cultural activities by American Indians that are in accordance with the American Indian Religious Freedom
Act, 42 USC, sections 1996 and 1996a. All ceremonial use exceptions must be approved in advance by the Facilities Services
Department.
Statement of Policy
The use of tobacco products (including cigarettes, cigars, pipes, smokeless tobacco, e-cigarettes and other tobacco products) by
students, faculty, staff, contractors, vendors and visitors is prohibited on all College properties at all times including but not limited to:
In all interior spaces on College campuses;
58
In all interior spaces on College campuses;
On all outside property or grounds controlled, managed or maintained by the College including all extended site locations;
In all College-owned, leased, or rented vehicles, including charter buses and vans, and all other College vehicles.
In personal vehicles on all College property:
At all events, such as conferences, meetings, public lectures, social events, cultural events and sporting events using
College facilities. Organizers of such events are responsible for communicating the policy to attendees and for enforcing
this policy.
Definition
Smoking: The burning of any type or lighted pipe, cigar, cigarette, electronic cigarette (e-cigarette) or any other smoking
equipment, wheteher filled with tobacco or any other type of material.
Smokeless Tobacco Products: Smokeless tobacco consists of the use of snuff, chewing tobacco, dissolvable tobacco, smokeless
pouches, or other forms of loose leaf tobacco.
Education and Awareness: The implementation of this policy will be augmented by an education and awareness
campaign that may include but not be limited to:
Notification of this policy to prospective students and staff/faculty hires;
Informational meetings, postings, signs, and e-mail notifications;
Publication in staff, faculty, and student policy handbooks, and corresponding web sites;
Educational campaigns and events;
Referrals to smoking cessation programs;
Establishing a culture of compliance through peer oversight.
Cessation Programs and Services
To support students and employees of the College who wish to reduce and/or quit using tobacco products, a variety of tobacco
cessation resources and services are available at: go.css.edu/tobaccofree
Enforcement
It is the responsibility of all faculty, staff and students in the College to contribute to an environment that is free of tobacco. Should
violations of this policy occur, the student or employee shall be informed of the CSS Tobacco Use Policy. Should that person
continue to violate the policy, the aggrieved party should contact the appropriate office: for College employees, the person's
immediate supervisor; for students, to the Office of Student Affairs; and for those not associated with the College, Campus
Security. Continued violation may result in disciplinary consequences.
Weapons Policy
Firearms of any kind, including hunting rifles, are strictly prohibited on campus. This includes residence halls and parking lots.
Students are required to notify Security if a gun or weapon is seen on campus. If necessary, civil authorities may be contacted.
The possession or carrying of a dangerous weapon or firearm is prohibited for all students on all property owned, leased, or
occupied by the College. Dangerous weapons include, but are not limited to:
any firearm, loaded or unloaded, including pellet, BB, paint, air, and stun guns
59
knives and other similar instruments with a blade length of more than three inches, other than those normally present in the
workplace or residence for a specific purpose such as food preparation
switchblade knives, brass knuckles and similar weapons
bows, cross-bows and arrows
explosives and explosive devices, including fireworks
hazardous chemical agents
any other item commonly used, or primarily intended for use as a weapon
Policy Exceptions
Toy water guns and "Nerf" guns are only allowed if they can be quickly and easily perceived from any angle to be a toy by an
untrained observer. They may only be used with/against knowing and willing recreational participants.
Licensed peace officers acting in the official performance of their assigned duties are exempt from this policy. Other exceptions
may be granted for official administrative or educational purposes with permission from the Safety and Security Manager.
In line with Minnesota law, weapons that are kept in strict accordance with the Minnesota Citizens' Personal Protection Act of 2003
and Minnesota Statutes Section 624.714 are allowed in the parking lots, but not CSS buildings or grounds.
60

Student Handbook - The College of St. Scholastica

Transcription

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