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JUDICIAL GUIDELINES
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POLICY STATEMENTS

JUDICIAL GUIDELINES
Preamble:

Self discipline is the aim of the University in its policies on student conduct. Xavier expects of all students responsible and mature conduct that shall reflect credit upon themselves and upon the University; it requires behavior that is consistent with laws of decency and with the generally accepted morals and manners of an advanced society.

In order that Xavier maintain its educational purposes for the entire academic community, the responsibility to preserve the balance between the individual student or group rights and the general welfare is ultimately the University's. Hence in cooperation with faculty and students, the University will be the final judge of the excesses, the appropriateness, or the undesirability of student conduct on campus. Concurrently, obligation to establish and promulgate the reasonable norms to be applied in the adjudication of charges of student misconduct is also reserved to the University. All judicial boards and/or committees which serve the University will be guided in their determination and recommendations by these norms.

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Description, Function, Operation and Procedures of the University Judicial Systems for Students

Article I. Authority

Students committing violations of the Student codeof Conduct at off-campus sites may be subject to University judical action. Judicial action against any student com­mitting a misdemeanor will be considered on a case-by-case basis upon filing by a complaint of an Incident Report. The filing of a report must occur within 10 work­ing days of the offense. Judicial action will be taken against any student committing a felony.

All persons who are not members of the Xavier University community who violate the Code are subject to being barred from all University-owned and operated prop­erty and all university-sponsored events.

The University cooperates fully with law enforcement authorities. Violations of the Code that are also violations of law may be referred to the appropriate agencies. In such situations, cases may proceed concurrently at the University and in the crimi­nal justice system.

University Police (UP) officers have full powers of arrest, search and seizure on all University-owned and operated property, and are usually the first respondents to calls for police services on campus. However, complainants may request the NOPD respond to any reported offense or incident. UP investigators also cooperate fully with special­ized units of the NOPD in coordinating efforts to solve crimes of mutual concern.

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Section I. University reserves the right to impose sanctions on any student whose personal conduct indicates an inability to achieve minimum standards of progress for personal development in the University community. All decisions in these situations will be made with regard for reasonable due process of each case. The Vice President for Student Services, or his designee, will have ultimate administrative responsibility.

Section II. The University may delegate authority to various administrators, faculty-student groups, and committees to assist in enforcing regulations governing student life. To this end, the following components of the University Judicial System have been established and charged by the President of the University with the responsibility of hearing, adjudication, and/or reviewing cases of students charged with the violation of University regulations.

    1. Resident Hall Judicial Boards
    2. The Student Judicial Board
    3. The University Hearing Board
    4. The University Appeal Board

Article II. Composition

Section I . The University Hearing Board is an eight-member joint hearing board consisting of 3 students, 3 faculty, and 2 administrators. Recommendations for appointment of these members shall be as follows: Faculty members by the University Academic Assembly; Administrators by the Vice President of Student Services; and student representatives by the President of the Student Government Association. The Associate Vice President of Student Services is the chair or
his/her designee and votes only in the event of a tie.

Section II. The SGA Judicial Council serves as the Student Judicial Board. All are voting members. (See Article IV, Section 5, SGA Constitution, Judicial Branch) Appointments are for one year.

Section III . The Resident Hall Judicial Boards shall be established in each residence hall. Each of these bodies is a seven member student committee consisting of five voting members and two alternates.

  • The two alternate members, who shall serve on the board in place of absent members or in cases where a member is the complainant or the accused, must be a member of the junior or senior class.
  • Members of each board will be selected by open balloting of the residents of the hall to be served by the board and appointed by the Director of the Housing and Residence Life of designated representative.

Section IV. The University Appeal Board is a five member committee consisting of the Vice President of Student Services, who serves as the permanent chair, Student Government Association President, Faculty member, Staff member and an Administrator. The latter three members will be selected based upon the procedures under Section I.

New members must attend an orientation session on the standards of conduct, sanctions, and the judicial system.

All decisions of Student Hearing Boards are recommendations to the chief judicial affairs officer or designated representative. Sanctions may be approved, altered, or withheld at the discretion of the chief judicial affairs officer or designee.

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Article III. Jurisdiction

Section I. Any case of student violation of University policy is subject to possible review and a hearing that may result in disciplinary or corrective ac­tion by the appropriate Judicial Board.

Section II . The University Hearing Board has original jurisdiction in cases in which a student is charged with a serious breach of University policy and his/her continued presence and participation in the academic and social life of the institution is not in the best interest and welfare of the University community.

Section III . The Student Judicial Board is delegated original jurisdiction and power to appeal and review cases involving general infractions of University rules and regulations with the following exception: those offenses which merit suspension or dismissal.This Board has jurisdiction in reviewing minor offenses involving violation of residence hall rules and regulations.

Section IV . The Residence Hall Judicial Boards have jurisdiction in cases involving violation of rules governing resident hall living except those which merit suspension or dismissal.

Section V . The Appeals Board has appellate jurisdiction in cases where:

An individual requests that the Appeals Board review the judgement of a Judicial Board.

The action of a Judicial Board is considered to be procedurally or substantively faulty.

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Article IV. Channeling of Cases:

Section I. Incidents of misconduct may be reported to Student Services or to other University officials by students,resident directors, faculty members or ad­ministrators. The report must specify the person(s) implicated, the alleged vio­lation and the facts of the situation.

Section II . The Associate Vice President of Student Services will employ one of the following options in processing cases:

The Associate Vice President of Student Services or designee may assume original jurisdiction in a case. In this instance the student will be given the option of having the case referred to the appropriate judicial body or of ac­cepting the jurisdiction of the Associate Vice President of Student Services. If the student selects the latter option, he/she will be required to sign a state­ment waiving his right to a hearing and is required to abide by the decision rendered by the Associate Vice President of Student Services (or designee).

The Associate Vice President of Student Services may refer minor cases to ei­ther the Student Judicial Board or to one of the Residence Hall Judicial Boards.

In the event that the case involves a violation of the moral codes of behavior or constitutes a grave violation of University policy, the Associate Vice Pres­ident of Student Services will institute a thorough investigation of the matter and assume jurisdiction in the matter, or he/she may refer the case directly to the University Hearing Board.The Associate Vice President of Student Services will assume original jurisdiction in those cases in which strict confidentiality is required to prevent undue damage to the good name and reputation of the stu­dent or when the safety of the campus community is endangered.

Section III. The Vice President of Student Services reserves the right to refer back to a judicial board any decision in which the penalty imposed is excessive or in which there is evidence that the hearing was procedurally faulty.

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Article V.

Section I. Procedural Review

A student who is charged with a violation of the Code of Conduct is required to attend a procedural review with the chief judicial affairs officer or designated rep­resentative and provide a written response to the charges. The chief judicial af­fairs officer or designated representative reviews the case and determines whether it should be referred to a Joint Hearing Board. If the violation is less serious, the chief judicial affairs officer or designee will give the student a choice between having the case heard by a Student Hearing Board or a disciplinary conference. A student charged with a violation of residence hall policies which has not been referred to a Joint Hearing Board, will be asked to meet with a staff member of the Department of Housing and Residence Life. The charged student will then be given a choice between having the case heard by the Residence Hall Judicial Board or a disciplinary conference.

Section II. Procedural Rights and Freedoms

The chairman of each judicial board shall upon assignment of a case to his board execute the following procedures:

  • An official notice informing the charged student of the time and place of the specific charge and the code allegedly violated.

  • Present the student with written notification of his basic right as listed be­low and at the student's request, verbally review them with him.
  • The right to be informed of the nature of the allegations charges or reports brought against him at least 48 hours before a hearing.
  • The right to testify in his own behalf, but at no time, and under no circum­stances shall the accused be forced to testify against himself.
  • The right to challenge the Board members by showing proof of bias on the part of the members prior to the time of the hearing; the other Board members must vote on the challenge.
  • The right to be notified of decisions reached.
  • The right to appeal a decision of the Board.

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Article VI. Judicial Procedure

Section I. All voting members are necessary for hearings. Hearings are held in closed session and all proceedings of the board are confidential.

Section II . The accused is responsible for presenting their own case, and ad-visors/lawyers are not permitted to speak or to participate in any hearing before a judicial body.

Section III. The general order of the hearing shall be as follows:

  1. The hearing is called to order by the chairperson.
  2. The Board Chairman reads the charges and if necessary witnesses are called.
  3. Each party presents his/her case, which may include calling of witnesses and the use of evidence.
  4. The Board deliberates on the facts of the case and renders a decision. All decisions of the Board shall be made in closed session and shall be deter­mined by majority vote.
  5. The Summary of the Hearing is forwarded to the Vice President of Student Services for review and implementation of the Board's decision.
  6. The Associate Vice President of Student Services officially notifies the accused students of the Board's decision and when necessary imposes the restrictions embodied in the Board's decision.

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Article VII. Appeal Procedures

Section I . In the interest of fairness, only the recipient of disciplinary action has the right to appeal. Requests for appeal must be in writing and submitted through the same channels of authority and jurisdiction as outlined in Article IV within 48 hours of official notification of the Board's decision.

Section II . Appeals concerning decisions of the University Hearing Board or the Student Judicial Board should be addressed to the Vice President of Student Services.

Section III . The appeal must specify grounds that would justify consideration. General dissatisfaction with the outcome of the decision shall not be accorded as a basis for consideration of an appeal. The only basis for considering an appeal is the presentation of facts that include:

  1. an error in procedural due process by the original body,
  2. the emergence of compelling evidence that could not have been previously discovered,
  3. the appropriateness of sanction(s), condition(s), and/or restriction(s) to the violation.

Section IV.

  1. Appeals will be limited to a review of the record of the hearing, written state­ments submitted by parties, and any new evidence. Appeals based upon new evidence shall be treated as grounds for a new proceeding by the original body.
  2. The Vice President for Student Services serves as the appellate officer. He/she shall make an initial determination as to whether or not sufficient grounds for appeal, based upon the standard enunciated above, have been alleged. Appeals that do not allege sufficient grounds shall be denied consideration and shall be dismissed. Appeals that do allege sufficient grounds shall be accepted for consideration.
  3. If the appeal is allowed, its presiding officer represents the judicial body that rendered the decision under appeal so those questions of procedure or sanction may be clarified. The appellate officer shall not conduct a de novo hearing (a rehearing) but will consider only the record made by the adjudicating body. The appellate officer may, at his/her own discretion, permit written or oral state­ments from the concerned parties at the time the appeal is considered; but the appeals officer will review only that portion of the original hearing that is addressed by the appeal.
  4. The decision shall be communicated in writing to all parties concerned with­in seven class days. The alternatives available to the appellate body are:
  • to sustain the recommended penalty
  • to reverse the verdict; or
  • remand it to the original judicial body (to consider new evidence or reconsider the penalty, not guilt or innocence).

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Article VIII Confidentiality Standards and Records – Policy/Procedures

All proceedings under the Code are confidential. All proceedings and all documents generated by the process form a part of the charged student's records and are, there­fore, confidential under the federal Family Educational Rights and Privacy Act (FERPA). Participants in the process, including the charged, the complainant, witnesses, hear­ing board members, and staff members are advised to preserve the confidentiality of all proceedings and all documents under this Code. Any breach of the confiden­tiality may subject the responsible party to charges under this Code.

Article IX Interpretation and Revision

Section I. Any question of interpretation regarding the Student Code shall be referred to the Vice President of Student Services or his/her designated representative.

Section II . The Student Code of Conduct shall be reviewed every three years under the direction of the chief judicial affairs officer.

Section III . Policies, procedures, sanctions outlined in this Code are subject to change without notice.

XAVIER UNIVERSITY OF LOUISIANA
Office of the President
1 Drexel Drive New Orleans , Louisiana 70125-1098
(504) 520-7541 • FAX (504) 520-7904

To: Students, Faculty and Staff

In compliance with the Drug Free Schools and Communities Act Amendment of 1989, Public Law 101-226, the attached statement of the Xavier University Policy and Sanc­tions Relating to Use of Illicit Drugs and the Abuse of Alcohol, has been published and is being sent to Students, Faculty and Staff. The information contained therein refers to the use of illicit drugs and the abuse of alcohol; the institutional policy and sanctions; the Federal and State Laws applicable to such use: health risks; and on-cam-pus and community counseling and treatment resources.

Prior to this latest law we established a committee on the subject. A plan was designed, in keeping with the guidelines at the time.

In compliance with the amendment of 1989, the committee has been expanded and an even more formal policy has been developed, with more vigorous monitoring, to as­sure compliance with the Law. This Committee will review the effectiveness of this program annually and report to me the University's effectiveness in addressing the use of illicit drugs and the issue of alcohol abuse and the consistency of application of sanctions for any violations of institutional policy.

The use of illicit drugs and the abuse of alcohol are national problems of epidemic pro­portions. The abuse of alcohol and drugs is inconsistent with and detrimental to the academic community.

Xavier University is committed to providing a drug-free campus environment.


Sincerely,
Norman C. Francis President
Xavier University of Louisiana

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Drug Free Campus

Statement of Policies

Xavier University of Louisiana, in its concern for the physical and emotional health, development and well-being of its students and employees, and to be in compliance with regulations of the Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, Section 22, provides a program of prevention and early inter­vention for alcohol abuse and other drug use, misuse, and dependency.

REGULATIONS: Section 1213 “Drug And Alcohol Abuse Prevention''

Section 1213 Subpart B (a) (1) requires annual distribution to each student and em­ployee of:

“standards of conduct that clearly prohibit, at a minimum, the unlawful pos­session, use, or distribution of illicit drugs and alcohol by students and employ­ees on its property or as part of any of its activities;''

Policies regarding the drug free campus will be disseminated to faculty and staff at the required fall and/or spring Institutes and to students at the time of registration. These policies are as follows:

Xavier University of LA neither permits nor condones the illegal possession, use, manufacture, dispensing, distribution, and/or sale of drugs, narcotics, or alcohol.

Students and employees (individually and as members of groups or organizations) are subject to criminal prosecution for violations of local, state and federal laws con­cerning the unlawful possession, use, manufacture, dispensing, distribution and/or sale of drugs and alcohol both on and off campus.

The responsibility for knowing and abiding by the provisions of the University's al­cohol and drug policies rest with each individual. Precise regulations and standards of conduct may be found in the handbook appropriate to each individual's status on cam­pus.

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Section 1213 Subpart B (a) (2) requires:

“a description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;''

State and local laws prohibit the sale of alcoholic beverages to persons under the age of 21. Persons 18 years or older and under 21 shall not purchase or have public possession of an alcoholic beverage. [Summary of State Act 33, RS 14.91.2, Sections .1 and .5].

State law provides that anyone who is found guilty of manufacturing or distribut­ing illicit drugs could be sentenced to a term of imprisonment at hard labor for a pe­riod not to exceed 30 years and may in addition be sentenced to pay a fine of not more than $15,000.

A person over the age of 25 who is found guilty of distributing illicit drugs to a per­son under the age of 18 is automatically sentenced to life imprisonment at hard la­bor. Any person convicted of an offense as a second or subsequent offense shall be sentenced to a term for twice the amount authorized by the original statute. Any prop­erty used in the distribution or manufacture of controlled substances is subject to forfeiture under Louisiana law.

Section 1213 Subpart B (a) (3) requires:

“a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;''

Illicit drugs and alcohol abuse are a threat to the physical and mental well being of individuals and clearly are an impediment to the learning process and environment. The use of illicit drugs and the abuse of alcohol may contribute to birth defects in children, health hazards and other debilitating conditions.

Section 1213 Subpart B (a) (4) requires :

“a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students;''

Individuals who seek assistance with substance abuse problems are provided health and counseling referral for evaluation, treatment, rehabilitation, or re-entry programs. These referral services are available through the Counseling Center or Student Health Service Center . Off campus referrals may be made to one of several agencies based on an individual's personal situation including: Ochsner Alcohol & Substance Abuse Program, River Oaks Adult Chemical Dependency Program, Counterpoint Center of CPC Coliseum Medical Center, Charity Hospital of New Orleans Medical Detox­ification Unit.Participation in assistance programs will be viewed positively by the University, but will not prevent disciplinary action for acts which have occurred, nor will it relieve the employee of the responsibility to perform assigned duties in a safe and effective manner. Failure to successfully complete an assistance or rehabilita­tion program will constitute grounds for dismissal.

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Section 1213 Subpart B (a) (5) requires :

“a clear statement that the institution will impose sanctions on students and em­ployees (consistent with local, State and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and re­ferral for prosecution, for violations of the standards of conduct required by para­graph (a) (1).''

The University will cooperate in criminal investigations of violations of the law and will administer upon students and employees disciplinary sanctions of suspension, dis­missal, expulsion, termination of employment and/or referral for prosecution. Sanc­tions may also include treatment assistance and/or rehabilitation programs.Employ-ees and students must notify the University within five days of any arrest or conviction under a criminal drug statute.Any individual with the presence of drugs in his or her body for non-medical reasons or a blood alcohol level in excess of .05% is prohibit­ed from University premises.

POLICY STATEMENTS

A. STATEMENT ON NON-DISCRIMINATION

Xavier University of Louisiana is a private Catholic institution whose programs and activities are open to all qualified persons regardless of race, color, national and ethnic origin, sex, handicapping condition or religion.

B. RELIGIOUS ACTIVITY

Xavier University , founded in the Roman Catholic tradition, is committed to encouraging the personal faith life of its members. The University affirms the spirituality of its faculty, students, and staff members of varying religious backgrounds and persuasions. Xavier continues its primary religious institutional commitment to the Roman Catholic Church. The University prohibits any activity by other individuals or organizations which proselytize (to make converts of) members of the University community to a church or religious organization.

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GUIDELINES

  1. All activities of student organizations and groups on the campus must follow the regular requirements for organizations as defined in the Student Handbook and be duly recognized and registered through the Office of Student Services. In ad­dition, all religious activities must be cleared by the Office of Campus Ministry.
  2. When a religious-affiliated group becomes an officially chartered student organization, the Office of Campus Ministry guidelines supersedes those of the Inter-Organizational Council.
  3. The University reserves the right to limit or restrict the on-campus activity of any organization or individual whose purposes are directly contrary to the University's religious values as stated in the University Catalog, the Student Handbook, and the Faculty Handbook.

This policy is not meant to discourage or inhibit the sharing and discussions of religious beliefs between members of the University community in the variety of contexts the education the community provides.

C. ROOM AND BOARD CHARGES

Students contracting to live in University residence facilities automatically agree to the combined room and board charges as outlined in the fee schedule.

A health condition might be cause for an exception. A written statement by the attending physician, enumerating the diagnosis, medication and food items necessary for the pre­scribed diet, must be submitted each semester that conditions of exception exist. This information will be furnished to the cafeteria management for their cooperation in hav­ing available a variety of choices for the students. A request for exception to this policy should be directed to the University Health Center . The request must be made within two weeks of the date of regular registration so that if conditions are not acceptable to par­ties concerned, the student will have time to seek off-campus accommodations.

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D. THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 AS AMENDED (F.E.R.P.A.)

The Family Educational Rights and Privacy Act of 1974 was enacted by Congress effective November 19, 1974. In brief, this Act grants to students, and to parents of stu­dents under the age of 18, the right to inspect and/or challenge their school or college files.

IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ACT, XAVIER UNIVERSITY HAS ADOPTED THE FOLLOWING POLICY PROVISIONS:

  1. Xavier University will inform students annually of the rights accorded them by the Privacy Act. This will be done through publication in the Student Handbook and in the Fall/Spring registration booklets.
  2. Xavier University recognizes the right of students to review their records.
  • Request must be made in writing.
  • Review of records will be made in the presence of a University Official.
  • Upon request, copy of record(s) will be made at a nominal cost.

1. Transcripts may not be copied if:

a. Financial obligations to the University are not cleared;

b. Deficit appears on Federal Loan repayments.

2. Copies will not be made of transcripts from other universities.

3. Xavier University recognizes the right of students to challenge their records for inaccuracy, being misleading or incomplete, violating their right to privacy.

4. Xavier University recognizes the right of students to seek amendment/ correction of their education records.

  • Requests must be made in writing.
  • Students have the right to a hearing if records are not corrected or amended.
  • Students dissatisfied with results or the hearing may place a statement in the education record commenting on the information therein, and/or setting forth any reason for disagreement with Xavier's decision not to correct or amend the record.

5. Xavier University will provide an all-inclusive list of types and locations of education records. The list is available in the Office of the Registrar as well as in the Office of Student Services.

6. Xavier University will not disclose personally identifiable information from education records with prior written consent of the students except when this written consent is not required by the Act.

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– RECORDS WILL BE RELEASED WITHOUT STUDENT'S PRIOR WRITTEN CONSENT TO:
(Records released will be determined by individual's “need to know.'')

    1. Authorized Federal and State Authorities who require information in connection with the audit and evaluation of Federal and State supported education programs, or in connection with the enforcement of or compliance with the legal requirements which relate to these programs:

(1) Representatives of the Comptroller General

(2) Secretary of Health & Human Services

(3) Secretary of Department of Education

(4) Director of National Institute of Education

(5) State educational authorities

(6) Federal Inspector Generals;

b. State or local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974;
c. Representatives of the Veterans Administration;
d .Accrediting organizations in order to carry out accrediting functions;
e. Persons/organizations providing financial aid or determining financial aid eligibility;

f. University Officials with “legitimate educational interest;''

- Persons having “legitimate educational interest'' are those who perform tasks related to the education of students or work with students' records in performing tasks related to their job descriptions.

- Faculty and administrative officers who have a legitimate interest in the material and demonstrate a need to know for purposes reasonably related to the performance of their official duties will be permitted to look over students' records.

g. Persons in compliance with judicial order/lawfully issued subpoena (provided Xavier makes reasonable attempt to notify student in advance of the compliance);

h. Parents of undergraduate students who have established students' status as dependent according to Internal Revenue Code of 1954, Section 152;

-All undergraduate students are considered as “dependent'' unless they inform Xavier before the fifteenth day of classes each semester that they consider themselves to be “independent.''

- If the student declares to be “independent'' and the parent submits a certified copy of the most recent Federal Income Tax Form, information will be released to the parent.

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Xavier University maintains records of requests for disclosure of personally identi­fiable information and permits students to view those records.

TYPES AND LOCATIONS OF EDUCATION RECORDS AT XAVIER UNIVERSITY

1. OFFICE OF THE REGISTRAR (University Registrar - Xavier South Bldg.)

  • Admissions data
  • Courses attempted/completed
  • Grades earned
  • Enrollment/withdrawal/graduation dates
  • Schools attended
  • Changes made in student's name/social security #/address/grades/major
  • Requests for disclosure of personally identifiable information
  • Academic actions

2. ACADEMIC DEPARTMENTS - advising records (Chairpersons of departments - Departmental offices)

  1. OFFICE OF FINANCIAL AID - financial aid data (Consultant Financial Aid - Xavier South)
  2. OFFICE OF STUDENT ACCOUNTS (Associate Vice President, Finance - Xavier South – Office Manager, Student Accounts - Xavier South)
    1. Charges
    2. Payments
    3. Disciplinary actions

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5. OFFICE OF STUDENT SERVICES (Vice President of Student Services – University Center , Rm. 202A)

    1. Immigration records
    2. Housing information
    3. Disciplinary actions

6. HEALTH CENTER Health records (Director, Student & Environmental Health - Health Center )

7. WORK STUDY PROGRAM – Employment records of work study students(Coordinator, Student Work Program - Administration Bldg., Room 306-A)

8. During Fall and Spring registration periods, Xavier University will notify students of Directory Information it intends to make available to the general public. Student must inform the UNIVERSITY within fifteen days of notification if any or all of the Directory Information should be released.

9. Xavier University will release Directory Information of students not currently enrolled without the students' prior written consent.– “Directory Information'' for both current and former students is defined as:

  • Student's name
  • Address
  • Telephone number
  • Date and place of birth
  • Major field(s) of study
  • Dates of attendance
  • Enrollment status
  • Classification
  • Degree(s)
  • Awards/honors received (includes Dean's list)
  • Most recent previous educational agency or institution attended by student
  • Past and president participation in officially recognized sports and activities
  • Height and weight of members of athletic teams.

10. Documents submitted by or for the student in support of his/her application for admission or for transfer credit will not be returned to the student, nor sent elsewhere at his/her request. For example, a transcript from another college, or a high school record will not be sent to a third institution.

– In exceptional cases; however, where another transcript is unobtainable or can be secured only with the greatest difficulty, copies may be prepared and released to prevent hardship to the student. The student must present a signed request. Usually, the copy, marked as a certified copy will not be released.

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E. GUIDELINES FOR STUDENT PUBLICATIONS

Publications

  • All articles should be signed. The editor assumes the responsibility for all articles which do not bear a signature.
  • On each edition of a printing a definitive statement should be made indicating that the views and ideas expressed are those of the writer and/or the editor, and do not necessarily reflect the views of the University – its students, faculty, or administrators.
  • Each issue should indicate the name of its editor, the publishing address, the 76 mailing address or any contact address of the publishers.
  • Editors are expected to subscribe to the canons of responsible journalism, namely: responsibility, independence, sincerity, truthfulness, accuracy, impartiality, fair play, decency and freedom of the press.
  • At the same time it is expected that editors will be protected from arbitrary suspension and removal. Only for proper and stated causes will editors be subject to removal and then by orderly and prescribed procedures.

(Proper cause for action against an editor will be determined by a Publica­tions Board which would consider the canons of responsible journalism as these relate to the avoidance of libel, slander, obscenity, vulgarity, etc.)

Publications Board

  • The Board shall consist of nine members: four (4) students, two (2) faculty, two (2) administrators and a chairman named by the President.
  • For this time only, the members will be appointed by the President upon recommendations from the students and faculty.
  • The board will serve the University in the responsibility of judging whether or not an article is considered in bad taste or in violation of the canons of responsible journalism, as these relate to the University community.It is understood that the Publications Board will take into consideration the fundamental rights and responsibilities that the student possesses as a member of the society at large.
  • Any ruling against an editor or writer by the board may form the basis for disciplinary proceedings. The University reserves the right to refer such cases for further appropriate action.

Nothing contained in these procedures preempt any individual group or agency, which may claim to be aggrieved from pursuing outside legal redress.

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Outside Publications

  1. All outside publications of any kind must be cleared by the Office of Student Services before distribution or posting.
  2. Failure to receive clearance may be appealed to the Publication Board.
  3. The same basic standards applicable to campus publications will be required of outside publications.

The Office of Student Services is charged with the responsibility of super­vising the overall mechanic of these guidelines, and the power to act on and then refer cases involving violations. It is understood that the Publications Board, the Office of Student Services, as well as all other board and offices of the University are subject to the final review of the University President.

For Independently Published Newspapers

In order to emphasize that the student newspaper does not speak officially for the institution, it should carry neither the institutional seal, official motto, nor the name of the University.

All University published and financed student publications should explicitly state on the editorial page that the opinions there expressed are not necessarily those of the college, university or student body.

F. LOSS OF PERSONAL PROPERTY

The University is not responsible for loss of, or damage to personal property in the residence hall including equipment an appliances, due to fire, theft, interruption of water, heat, utilities, power surges, or other causes. Students residing in residence halls are required to provide a power surge protector with a minimum joule rating of at least 600 to assist in protecting equipment and appliances.

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G. GRIEVANCE/WRITTEN STUDENT COMPLAINTS

Written complaints may be filed with any University administrator (e.g., Chairs or Unit Managers) who will then forward the written complaint to the administrative officers (1) responsible for the area of the complaint, or (2) who is the immediate supervisor of the person about whom the complaint is being filed. The appropriate administrative officer will meet with the complainant and attempt to resolve the complaint within a reasonable time. If the resolution is not satisfactory to the complainant, the complainant may appeal the decision to the next highest adminis­trative level. The office of the appropriate Vice President is the highest level to which appeals may be made, and the decision of that office is final.

H. SEXUALHARASSMENT

For general policy purposes, sexual harassment may be described as unwelcome sexual advances, requests for sexual favors and other physical and expressive be­havior of a sexual nature where:

  • Submission to such conduct is made either explicitly or implicitly a term or con­dition of an individual's employment or education;
  • Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or
  • Such conduct has the purpose or effect of substantially interfering with an indi-vidual's academic or professional performance or creating an intimidating, hos­tile or offensive employment or educational environment.

Sexual harassment also includes slurs, threats, derogatory or suggestive comments, unwelcome jokes, exposure to sexually-oriented literature or pictures, teasing or sex­ual advances and other similar verbal or physical conduct, including e-mail commu­nication.

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Reporting Incidents of Sexual Harassment

Students who believe they have been the object of sexual harassment by a univer­sity employee or faculty person should report the incident(s) to the Office of the Vice President of Student Services. He or his designee will explain the grievance procedure and work with the student for an expeditious resolution in as confidential a manner as possible. Students who have been harassed by a fellow student should report the in­cident to the Dean of Students.

The complete procedures to be followed are presented in the Faculty Handbook when the accused is faculty and in the Staff Handbook when the accused is a staff member. Both handbooks are available in the Office of the Vice President of Stu­dent Services. When the accused is a student, the complaint will be addressed using the student judicial process presented in the Student Handbook, which may found on the university web site.

I. PSYCHOLOGICALEMERGENCIES

A student who experiences a psychological emergency, including attempts to harm himself/herself, may be required to leave campus and will be required to have a psy­chological evaluation. If the psychological emergency involves a community distur­bance, disrupts the orderly functioning of the university, or requires more supervision to maintain than the university can reasonably provide, or jeopardizes in any way the safety of the student or others, the student may be required to remain off cam­pus.

The director of Counseling Services (or designee) will prepare an evaluation of the student's capacity for remaining enrolled at the university. The director of counsel­ing services will make a recommendation to the vice president of Student Services and/or dean of students regarding the student's ability to return to the university. If the situation evolves into a medical emergency, the director of Student Health services will prepare an evaluation. The student's parent(s) or guardian may also be notified. Parent(s) or guardian of dependent students must/will be notified.

If the student is allowed to remain enrolled, he/she will be required to sign an Agreement to Return to Campus, which documents conditions for remaining enrolled. This agreement may include outpatient treatment, and the student, the vice president of Student Services and the director of counseling services will evaluate it each se­mester, including the summer term. At any of these times, the agreement may be ter­minated.

Parents may be required to assist the student. In the event of an extreme emergency such as a suicide attempt, or any extreme situation where the student's judgment is sig­nificantly impaired, until parents or guardians can be contacted the on-call counsel­ing staff will assist with initial treatment recommendations. The student or his/her fam­ily will be responsible for all off-campus costs including transportation to the hospital, the initial evaluation and any hospitalization costs or outpatient treatment.

J. NETWORK RESPONSIBLE USE POLICIES

The 2000 Network Responsible Use Policy is available on the University's website at http://www.xula.edu/itc/policies

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