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COMPASS 2017-18
TABLE OF CONTENTS

IV. STUDENT BEHAVIOR AND CODE OF CONDUCT POLICIES

A. Administration Search and Seizure Policy
B. Alcohol Policies
C. Campus SaVE Act
D. Discrimination
E. Drug and Alcohol Statement
F. Missing Student Notification
G. Responsible Albrightian Policy
H. Sexual Assault/Rape Policy
I. Sexual Harassment Policy
J. Title IX Statement

 

  1. Administrative Search and Seizure Policy
     
    Albright College respects the privacy of members of the College community. At the same time, the College reserves the right for the appropriate officials to conduct searches if reasonable cause exists to believe that (a) activity is taking place in a student’s room or on College premises that is detrimental to the health, safety or welfare of individuals; or (b) substances are contained in the room or on the property of the College or on a person that would constitute a violation of the Student Code of Conduct. A search involves the close physical examination of all areas, which may include, but are not limited to, thoroughly going through an individual’s personal belongings. Determination of what constitutes a reasonable cause to believe that a search is necessary will be made by the director of public safety (or designee).  Rooms may be entered without the student present.
  1. Alcohol Policies

    1. Students are reminded that the laws of the Commonwealth of Pennsylvania limit involvement with alcoholic beverages to persons 21 years of age or older.
    2. The following are regulations for alcohol use:
      1. Albright College allows students who are 21 years of age to  possess and/or consume alcoholic beverages in the privacy of their own room, suite, apartment, or house. Note: All roommates must be 21 years of age in order for students to possess/consume alcohol in the privacy of their assigned space.  Otherwise, it is considered to be a dry room, suite, apartment or house and all students will be subject to disciplinary action for violations of the alcohol policy. 
      2. Common-source containers of alcohol (i.e. party balls, punch bowl, kegs, etc.) are prohibited anywhere on campus.
      3. The use of grain alcohol is strictly forbidden.
      4. Open containers containing alcohol are not permitted in the hallways and common areas of residence halls or in public areas of the campus. Any containers of beer or wine that are being transported must be sealed and covered while on College premises.
      5. If it is determined by Public Safety that a student has consumed alcohol which renders them to be in significant physical harm, they will be transported by ambulance to the hospital. If a student has consumed alcohol and their physical well-being is in question, an auxiliary officer will be called in to monitor the student’s condition until they are considered to be safe. The cost of the auxiliary officer’s salary, in the amount of $100, will be passed on to the student.
      6. The illegal purchase, possession or consumption of alcoholic beverages (The College expects every student to be aware of these laws and to assume the responsibility for compliance with them.)
      7. Students are reminded that the Commonwealth of Pennsylvania prohibits the purchase, possession or consumption of alcoholic beverages by persons under the age of 21. Furthermore, any person 21 years of age or older is subject to charges of contributing to the delinquency of a minor for providing someone under the age of 21 with any alcoholic beverages. Violators are subject to prosecution by state law enforcement officials.
    3. Fines (In addition to other sanctions, students who violate alcohol/drug policies will be fined.)
  1. Campus SaVE Act
    On March 7, 2013, President Obama signed a bill that reauthorized the Violence Against Women Reauthorization Act (VAWA).  Included in the bill is the Campus Sexual Violence Elimination Act (Campus SaVE).  Albright College fully supports the Campus SaVE Act by educating our community members regarding the prevention of and by supporting our community members in issues surrounding domestic violence, dating violence, sexual assault, stalking, consent, options for bystander intervention, recognizing warning signs of abusive behavior, and how to avoid potential attacks.  Assistance for victims is available on-campus or through referrals off-campus should the need arise.  For more information contact the Title IX Coordinator or Deputy Coordinators, The Dean of Students, The director of Community Standards, The Director of Human Resources, The Director of Public Safety, or the Director of the Gable Health and Counseling Center.
  2. Discrimination 
    Diversity is one of the strengths of a society as well as one of the hallmarks of a college campus. Albright College recognizes and values the perspectives molded by different cultures and backgrounds. Albright College recognizes and supports the idea that colleges protect the academic environment and encourage freedom of expression, and the responsibility that it entails. While members of the Albright community reserve the right of freedom of expression, the members of the community must also recognize they have a duty to be responsible. Members of our community have the right not to be discriminated against by any agent, organization or member of the Albright College community.
    1. Hate/Bias: The Pennsylvania Crimes Code states that a person commits the offense of ethnic intimidation if, with malicious intention toward the actual or perceived race, color, religion, national origin, ancestry, mental or physical disability, sexual orientation, gender or gender identity of another individual or group of individuals, he commits an offense under any other provision of this article or under Chapter 33 (relating to arson, criminal mischief and other property destruction) exclusive of section 3307 (relating to institutional vandalism) or under section 3503 (relating to criminal trespass) with respect to such individual or his or her property or with respect to one or more members of such group or to their property. 
      1. Definition: As used in this section, “malicious intention” means the intention to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a) motivated by hatred toward the actual or perceived race, color, religion or national origin, ancestry, mental or physical disability, sexual orientation, gender or gender identity of another individual or group of individuals (PA Crimes Code 2710). 

        Albright College holds the members of its community to a higher standard than the Pennsylvania Crimes Code. Albright College is committed to protecting individual freedoms, as long as they are not inflammatory or harmful toward others, whether it is intentional or not. Violation of the norms of civility and other accepted rules of behavior, whether or not covered by specific regulations, subjects a student to disciplinary action.
         
      2. Disciplinary Action: A violation of College policy such as harassment, vandalism, assault, etc. that is motivated by hate or intolerance will be considered a harsher violation. Any member of the Albright community who participates in promoting hatred and intolerance will be brought before the appropriate office or the Office of Community Standards. Those found guilty of hate/bias infractions of the Student Code of Conduct may find the sanctions imposed more severe than sanctions for non-¬hate related infractions.
         
      3. Notification of Hate/bias: Any person who becomes aware of an incident of hate/bias should call (ext. 7670) or come into the Department of Public Safety immediately. Any member of the Albright College community (student, faculty or administration) may initiate the College’s complaint process. Complaints must be submitted in writing to the Public Safety Office as soon as possible after the complainant (person submitting the complaint) becomes aware of the alleged violation. Individuals may also contact the Dean of Students office with concerns and /or the Title IX Coordinator.
         
      4. Filing a Complaint: Complaints alleging hate/bias incidents should be addressed to the Department of Public Safety or any of the above entities. The written complaint will be forwarded to the appropriate office: for a student it will be sent to community standards; for an employee to human resources; and for faculty to the provost. 
         
      5. Reporting of Incidents to the Albright Community: This policy requires that these incidents be reported to the Albright College community by the appropriate disciplinary office. 
  1. Drug and Alcohol Statement
    1. Drugs

      A number of states have legalized the cultivation and use of marijuana for medical purposes.  Also, some states have allowed the recreational use of marijuana.
       
      The growth and use of marijuana is illegal under the Federal Controlled Substances Act (CSA).  Marijuana use and possession remains illegal under federal law despite the action of the states’ legalization of same as cited above.
       
      The supreme Court has made clear that federal law supersedes any and all state law regarding medical marijuana.  Therefore, the use or possession of marijuana even for medical purposes is illegal under federal law.
       
      Students or others in the Albright community with disabilities may argue that possession and use of marijuana for medical purposes is not only legal, but possibly even necessary as an accommodation under the American with Disabilities Act or Section 504 of the Rehabilitation Act.  However, laws and regulations under both statutes make clear that illegal drug use is not protected and courts have held that the use and possession of marijuana remains illegal.
       
      Thus, to be consistent with its policies regarding drugs and alcohol, the policy of Albright regarding illegal use of drugs and alcohol includes marijuana even for medical purposes. Students, therefore, have no right to use or possess marijuana on the Albright campus.

a.  Standard of Conduct –Possession, use and/or distribution of non-prescription and/or illegal controlled substances, prescribed medical drugs that were unlawfully obtained or are being unlawfully or abusively used, and related paraphernalia are strictly prohibited on any area of campus. In addition, the abusive or unlawful use of over-the-counter drugs is strictly forbidden. Any violation of this policy is also considered a violation of the Student Conduct Code.

b.  College Sanctions – Students who possess, use and/or distribute illegal drugs, prescribed medical drugs that were unlawfully obtained or are being unlawfully used, or drug paraphernalia(including hookahs and other smoking devices) on Albright College property will be subject to community standards sanctions and educational programming. Repeat offenders may face more severe penalties, including automatic suspension and/or removal from the residence halls. Students who distribute controlled substances or possess such substances with the intent to distribute may be subject to more severe sanctions including suspension and/or expulsion.

c.  Local, State and Federal Laws – In addition to sanctions imposed by the College, drug violations may be referred to the appropriate external authorities. Under local, state and federal laws, such as the Commonwealth of Pennsylvania, violations as specified above may result in penalties ranging from fines through imprisonment. A list of penalties for federal drug offenses can be found on the U.S. Drug Enforcement Administration’s website at http://www.dea.gov/agency/penalties.html.  There are circumstances when controlled substance convictions will interfere with federal financial aid eligibility.  If you find yourself in a situation on-campus or off-campus where you believe your eligibility for federal financial aid could be in jeopardy, please contact the Director of Financial Aid for guidance and support.

d.  Health Risks –The health risks caused by drug use vary depending on the drug involved. Studies have shown that marijuana contributes to sterility in men, destroys brain cells and leads to diseases associated with cigarette smoking. The use of cocaine or any cocaine-based substance may cause heart failure, erratic behavior, personality changes, birth defects, loss of appetite, paranoia and mood swings. The use of drugs without a doctor’s supervision may also cause serious health difficulties. In addition, the abuse of any substance can adversely affect relationships, employment, academic and athletic performance and self-esteem.

e.  Treatment –The College provides confidential counseling services to students. The Albright College Counseling Center is located at the Gable Health Center and can be reached at 610-921-7532. The Counseling Center personnel will provide referrals to both in- and outpatient treatment facilities at area treatment centers and/or hospitals. Treatment fees are the responsibility of the individual.

    1. Alcohol
      1. Standard of Conduct – Possession, distribution, use and/or consumption of alcohol by students under 21 years of age is strictly prohibited on campus. The operation of a motor vehicle by a driver who is legally impaired or intoxicated (reckless driving) is also prohibited. In addition, consumption of alcohol and/or possession of open containers of alcohol by any student in public areas are not permitted. No alcohol is permitted at Greek rush events. 
      2. College Sanctions – Students who violate any of the above alcohol regulations will be subject to a minimum penalty of a disciplinary warning. Subsequent offenses will result in more serious action. Offenses and sanctions will be kept on file in the Community Standards office and reported to the appropriate agencies.
      3. Local and State Laws – In addition to sanctions imposed by the College, alcohol violations may be referred to the appropriate external authorities. Under local and state laws, such as the Commonwealth of Pennsylvania, Vehicle and Traffic Law, and Alcoholic Beverage Control Law, violations may result in penalties ranging from fines through suspension of a driver’s license and possible imprisonment.
      4. Health Risks – Use of alcohol may result in mood changes, impulsive actions, loss of judgment and loss of coordination. Excessive use of alcohol may cause heart damage, liver damage, damage to the digestive tract, cancer, brain damage, mental disorders, loss of sexual function, blood disorders and birth defects. Also, long-term alcohol use may affect relationships, employment, academic and athletic performance, and self-esteem. Students will be held completely responsible for any violation of College policy while under the influence of alcohol.
      5. Treatment – The College provides confidential counseling services to students.  The Albright College Counseling Center is located in the Gable Health Center and can be reached at 610-921-7532. The Counseling Center personnel will provide referrals to both in- and out-patient treatment facilities at the Reading Hospital and other area treatment centers.

This information is provided in compliance with section 1213 of the Higher Education Act of 1965, as amended by the Drug-Free Schools and Communities Act Amendments of 1989 [20 U.S.C. 1145g] and again amended in the Higher Education Opportunity Act (HEOA) [Public Law 110-315] was enacted on August 13, 2008.

  1. Missing Student Notification

    The Higher Education Opportunity Act of 2008 (HEOA) requires institutions participating in a Title IV federal student financial aid program, and maintains on-campus housing facilities, to establish an effective missing student notification policy and related procedures.  All students are strongly encouraged to provide the College with a confidential contact whom the College will notify in the event that the student is determined to be missing.  This information, which will be maintained in the Dean of Student’s office and a copy filed with the Department of Public Safety, will be accessible only to authorized campus officials and law enforcement authorities and will be used only in connection with responding to a report that a student is missing.  The confidential contact does not have to be a parent of a student.  This is the individual who will be contacted by police in the event the student is reported missing.  This individual will be updated as to the progress of the investigation into the missing person.  In the event a student is under 18 years of age, and has not been legally emancipated, the student’s parents will also be contacted.
     
    Suzanne’s Law is section 204 of PL 108-21, the Protect Act, signed by President Bush in 2003.  Suzanne’s Law amends Section 3701 (a) of the Crime Control Act of 1990 so there is no waiting period before a law enforcement agency initiates an investigation of a missing person under the age of twenty-one and that law enforcement agency is required to report the missing person to the National Crime Information Center (NCIC) of the Department of Justice, as part of the national “Amber Alert” bill.  Any person under the age of 21 is considered a missing child.
     
    Albright College takes student safety very seriously.  Any member of the Albright Community, including parents or guardians, who believes that a student is missing, whether or not the student resides on campus, may be deemed missing if it is reported to appropriate college officials (public safety, housing and residential life, resident assistant, lead RA, assistant director or director, Gable Health and Counseling Center personnel or the Dean of Students Office) that the student has been unreachable via personal contact, telephone, email or other means of electronic communication.  Any member of the student affairs team that receives the call will immediately refer the information directly to the leadership of public safety (director, associate director or assistant director). All investigative procedures will be governed by Student Affairs policy and procedures and federal, state and local laws.   When information is received by the Department of Public Safety, there will be no waiting period before an investigation is initiated.  The director or designee will immediately notify the Vice President for Student Affairs/Dean of Students and together will coordinate efforts to begin immediate attempts to locate the student.  Initial investigations, prior to any formal police investigation, will include a thorough review of the student’s recent activity on campus which may include, but not be limited to:
    1. Interviewing the person making the complaint in order to determine the reason the complainant is reporting the missing person.
    2. Gathering all essential information about the person including clothing description, where/when subject was last seen, who he/she may be with, vehicle description, etc.
    3. Questioning the student’s roommate(s) and friends.
    4. Visiting the student’s room.
    5. Speaking with professors to determine the last time he/she attended class.
    6. Reviewing of the student’s recent use of his/her ID card.
    7. Reviewing surveillance video, based upon the student’s class schedule and usage of his/her ID card.
    8. Speaking to his/her supervisor, if student is employed, to find out the last time he/she reported to work.
    9. Seek answers to the following questions:
      1. What are some of the places the student most frequents?  Have we contacted anyone at those locations?
      2. What is the student’s academic status?  Has the student been experiencing any academic or financial problems?
      3. Is the student taking any medications that would pose a life-threatening risk to him/her if any dosages were missed?
      4. Has the student been despondent or struggling with mental health issues?  Has the student been receiving any personal counseling?
      5. Does the student have a known substance abuse problem?
      6. Do we know if the student has received any threats?
      7. Does the student have a conduct record?  If so, does this record suggest any pattern of behavior that may be helpful to the investigation?
      8. If the student has a cell phone, do we know the name of the provider?  Have we considered an open tracking application on the phone or the assistance of police-requested court ordered tracking of the phone?

An updated photo may also be obtained to aid in the search.  A quick, but thorough, search will be conducted in all campus buildings, grounds and parking lots.
Staff should document the situation and create a factual written report from all investigative parties involved.  In creating the written report, only record pertinent facts and not speculative information.

If the student is not located as the result of an active investigation by College officials, the Vice President for Student Affairs/Dean of Students will contact the person(s) listed on the student’s Emergency Contact form to inquire about his/her whereabouts and/or alert that person his/her child is missing.  Once this occurs, a College official will make an official missing report to the appropriate law enforcement agency within the jurisdiction of the College.  The local police then become the authority in charge.  The Department of Public Safety and the Dean of Students will assist them in any way necessary.

  1. Responsible Albrightian Policy

Albright College’s primary concern is the health and safety of its students.  The College is aware that students are sometimes reluctant to seek medical attention in alcohol- and other drug-related emergencies out of fear that they may face sanctions related to possessing or consuming alcohol or other drugs.  Because these emergencies are potentially life-threatening, Albright College seeks to create a culture of trust and care paired with safety and responsibility while reducing any barriers that would prevent students from seeking assistance by implementing the Responsible Albrightian Policy.

The Responsible Albrightian Policy provides consideration for alternative consequences for a student who, while under the influence of alcohol or other drugs, responsibly reports alcohol and/or other drug-related emergencies to the proper authorities for the intention of seeking medical or safety assistance for anyone in need of emergency care.  Alternative consequences should not be confused with amnesty.
 
Description of and Requirements during Emergency Situations:  Students who find themselves in a situation that requires emergency care of another should contact the Department of Public Safety at 610-921-7670, or ext. 7670 from an on-campus phone, or press the red button on the campus call boxes.  Call 911 if off campus, and/or immediately seek assistance from a residence life staff member to report the details needed by emergency response personnel while in residence halls.

Scope of Protection: The College will consider the positive impact of reporting an incident when determining the appropriate sanctions for policy violations.  In such cases, any possible negative consequences for the reporter of the situation will be evaluated against the possible negative consequences for the student who needed assistance.
Students needing medical assistance during an alcohol- or other drug-related emergency will not face disciplinary/conduct action for the mere possession/use of alcohol or drugs.  However, the Office of Community Standards will seek a mutually agreeable resolution to the matter, when possible, while meeting with the same student to discuss the incident.  This student may be required to participate in an appropriate educational program.  Even if there is not a disciplinary action, the Office of Community Standards will maintain a file of each case that may be used to establish a pattern of history should subsequent alcohol or other drug violations occur.  Conduct violations do not appear on the student’s academic transcript.

Institutional Discretion Statement: Based on the totality of the incident, the College hearing officer will make the final determination as to the applicability of the Responsible Albrightian Policy and reserves the right to reduce any sanctions or outcomes, including dismissing any and all charges against a student.

Important Policy Limitations: Students should be aware that the Responsible Albrightian Policy does not prevent action by local and state authorities when the situation warrants outside involvement.

  1. Sexual Assault/Rape Policy

    Sexual assault and rape are crimes that will not be tolerated at Albright College. The nature of these types of incidents causes immense difficulty to the individuals directly involved and offends the educational mission of the institution. Those identified as being responsible for such acts may expect to be criminally prosecuted and held accountable under the College’s Sexual Assault/Rape and Harassment Policy procedure.

What to Do if You Have Been Sexually Assaulted or Raped

    1. Get to a safe place as soon as you can (i.e., Public Safety, hospital, RA)
    2. Get help immediately by contacting an assistant director of housing, resident assistant, Health Services, Counseling Services, Dean of Students, and/or Public Safety. Between the hours of 8 a.m. and 5 p.m., Monday through Friday, call the Gable Health and Counseling Center at Albright College (ext. 7532). Call the Department of Public Safety at Albright College (ext. 7670) even if you do not want further action taken. You may also alert the Title IX Coordinator.
    3. Seek medical care. Save all of the clothing you were wearing at the time of the assault. Place each item of clothing in a separate bag. Do not use plastic bags.
    4. Go to either St. Joseph’s Hospital or the Reading Hospital and Medical Center emergency department for medical care.  Even if you think that you do not have any physical injuries, you should still have a medical examination and discuss with a health care provider the risk of exposure to sexually transmitted infections and the possibility of pregnancy resulting from the sexual assault. A medical examination is extremely important even if you are unsure if you are interested in pursuing a police report. You may call the Department of Public Safety at Albright College (ext. 7670) if you need transportation to the emergency room.
    5. Do not disturb anything in the area where the incident occurred.
    6. Preserve physical evidence and refrain from changing clothes, bathing, showering, brushing your teeth, douching or urinating.
    7. If you suspect that you may have been given a date-rape drug, ask the hospital emergency department where you receive medical care to test for date-rape drugs.
    8. Write down as much as you can remember about the circumstances of the assault, including a description of the assailant.
    9. Get emotional support by scheduling an appointment with the Albright College Counseling Center. (ext. 7532). Or by contacting SAFE Berks, a local provider.
    10. It is your choice whether you would like to speak with a counselor on or off campus.
    11. Every effort will be made to maintain your privacy and confidentiality.
    12. If you need information regarding sexual assault or rape, please visit the Gable Health Center website at http://www.albright.edu/resources/healthcenter/stepstotake.html

Reporting Sexual Misconduct 

A student who believes that she or he has been the victim of sexual misconduct should report the assault to the Department of Public Safety and the Gable Health and Counseling Center even if you may not want further action taken. The victim will never be pressured into making any decisions that they do not desire. 

Public Safety will assist you in reporting the incident to either the Muhlenberg Police Department or the Reading Police Department, as appropriate. If a report is completed with both the Reading Police Department and the Department of Public Safety simultaneously, the adjudication processes will be separate and distinct from one another.  Once a student files an incident report of sexual misconduct, there will be an investigation of the incident. The accused may be charged criminally by local law enforcement authorities. The case also may be dealt with as a violation of Albright College’s Sexual Assault/Rape and Harassment Policy if the accused is a student at Albright College. The student will appear before the Community Standards Hearing Board for a hearing. If the accused is found in violation of the Student Code of Conduct, sanctions will be assessed that could include suspension or expulsion.

Sexual Assault Response Team (SART)

SART Members and Contact Information:

  • Vice President for Student Affairs & Dean of Students/Title IX Coordinator 
    Office 610-921-7611

  • Assistant Dean of Students/Director of Gable Health Center
    Office 610-921-7532

  • Assistant Dean of Students/Director of Community Standards/Title IX  Deputy Coordinator
    Office 610-921-7795

  • Director of Human Resources/ Title IX Deputy Coordinator
    Office 610-921-7654

  • Director of Counseling Center
    Office 610-921-7532

  • Director of Residential Life
    Office 610-921-7641

  • Director of Public Safety
    Office 610-921-7670

* The SART will meet on a quarterly basis or more frequently if needed and shall report its progress, findings, and policy discussions to the Vice President of Student Affairs/Dean of Students.  The Vice President of Student Affairs/Dean of Students will ensure that all policies and procedures are consistent with Commonwealth of Pennsylvania and federal statutes including by not limited to the Violence Against Women Act, Clery, and Title IX. 

SART Partner Agencies:

  • Reading Police Department
  • Muhlenberg Police Department
  • Berks County District Attorney’s Office
  • SAFE Berks (Counseling and Victim Advocacy)
  • Reading Health System (formerly Reading Hospital & Medical Center)
  • Saint Joseph’s Regional Health Network (formerly Saint Joseph’s Hospital)

SART Goals

The primary goal of the Albright Sexual Assault Response Team (SART) is to provide assistance to the victims of a sexual assault. Sexual assault and rape are crimes that will not be tolerated at Albright College. The nature of these types of incidents causes immense difficulty to the individuals directly involved and offends the educational mission of the College.  Our SART is designed to ensure the necessary care and services (legal, medical, psychological) needed to navigate the aftermath of an assault. 

This policy is communicated to all students, administrators, faculty, staff and vendors. This policy of Albright is to utilize all available investigative resources in the fact finding of a sexual assault. The use of disciplinary procedures would be consistent and would include those cases shown to be falsely reported.

The SART policy encompasses administrators, staff, faculty, students and visitors.  The Albright SART provides the same level of assistance to anyone regardless of age, sex, gender or sexual preference.  Our campus culture regards sexual assault as a very important factor in how our College is perceived. Our campus culture is intolerant of sexual assault; it promotes and supports reporting of sexual assault; our culture transmits to everyone inside and outside of the institution that top administrators, staff, faculty and students will not tolerate, nor conceal or shy away from addressing sexual assault.

Jurisdiction 
For Sexual Misconduct/Title IX Cases, there is an expectation that the college has some jurisdiction over off campus incidents.

Confidentiality Agreement
Individuals employed in an administrative or academic office of the College may be exposed to, or have access to, verbal and/or written information regarding the official business of the College relating to students, alumni, faculty, staff and trustees which is both sensitive and confidential. 

No information regarding the professional operations of the office or information regarding an individual student, faculty or staff member is to be discussed with anyone outside the department or office without the knowledge and approval of your supervisor and, if it deals with an individual, the written consent of the person or persons involved.  Unauthorized release of confidential information relating to students, faculty or staff is both a violation of College policy and state and federal laws regarding individual and family rights to privacy.
Discussion about confidential information is limited to those individuals who by their position and/or responsibilities are easily classified as authorized to know.  Conversations outside the department or office are inappropriate and therefore prohibited.

Unauthorized disclosure or use of confidential information will result in disciplinary action up to and including dismissal on the first offense.  Depending on the nature of the offense, such unauthorized disclosure would also expose the individual to civil or criminal charges that may be brought by the aggrieved party.

Should questions arise as to whom information should be discussed with or released to, it is the individual’s responsibility to discuss the question or request with his/her supervisor immediately.

Rape/Sexual Misconduct

Rape defined – A person commits a Felony of the 1st degree when he or she engages in sexual intercourse with a person by:

  • Force
  • threat of force
  • if victim is unconscious
  • unaware that intercourse is occurring
  • suffers from mental disability
  • if victim is impaired by drugs, intoxicants, or other means, restricting ability to resist.

Sexual misconduct defined –A person who has indecent contact with the victim or causes victim to have indecent contact with the person if:

  • person does so without victim’s consent
  • person does so by forcible compulsion
  • by threat of forcible compulsion
  • victim is unconscious or unaware that indecent contact is occurring

Those identified as being responsible for such acts may expect to be criminally prosecuted and held accountable under the College’s Sexual Assault/Rape and Harassment Policy procedure.

Data
Data for SART will be provided by the annual Clery statistics for Albright College.

  1. Sexual Harassment Policy 

      1. Sexual Harassment: Albright College believes that its students, faculty and staff living and working in the College community should be free from sexual harassment. Sexual harassment is unlawful and contrary to the best interests of the College, its students and its employees.
        1. Scope: It is the policy of Albright College to provide a learning community and workplace or campus community free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications deemed to constitute sexual harassment. Sexual harassment is considered to be a very serious matter and is prohibited in the workplace by any person and in any form. It is the responsibility of all students, faculty and staff to ensure compliance with this policy. Any student, faculty, staff or person who has a workplace or campus/community sexual harassment complaint shall report the matter to a student personnel official, supervisor or vice president, or directly to the associate vice president and director of human resources.
           
        2. Policy: Sexual harassment of any Albright College employee or student in the workplace or campus/community by any employee or other person, either directly or indirectly, is not tolerated and is prohibited. No student, faculty or staff member shall be threatened or made to feel threatened, either explicitly or implicitly, neither by sexual harassment nor by the reporting of sexual harassment. A student, faculty or staff member’s refusal to submit to unwelcome sexual advances or conduct or the reporting of such advances will not adversely affect the employee’s or the student’s performance, evaluation, wages, advancements, academic standing or retention, career development or any other condition of employment. Sexual harassment in the workplace or campus/community is strictly prohibited. This includes, but it is not limited to, unwelcome and offensive sexual flirtations, unwelcome advances or propositions, verbal abuse of a sexual nature, offensive displays in the workplace or campus/community of sexually suggested objects or materials, and any other activity that could be interpreted as creating a sexually hostile work or campus/community environment. Any student, faculty or staff member who believes that he or she has been sexually harassed should report the act immediately to the employee’s supervisor or student personnel official or to the associate vice president and director of human resources, who serves as the affirmative action officer. The complaint will be investigated, and the student, faculty or staff member will be advised of the findings and conclusions. While there are no express time limits for initiating complaints, every effort should be made to file a complaint as soon as possible. Once a complaint is made, the College will conduct an investigation and take appropriate actions as indicated by the findings of the investigation. The complaining individual may file an informal complaint, which involves a meeting to discuss the alleged incidents, or a formal complaint, which includes a written statement by the complaining individual. All complaints will be promptly investigated. To the extent possible, confidentiality and privacy will be respected in handling such harassment complaints.
           
          The Title IX Coordinator or Deputy Coordinator officer will be responsible for overseeing the investigation and maintaining the documents of the investigation and ensuring that the appropriate action is taken. There will be no discrimination or retaliation against any student, faculty or staff member for making a sexual harassment complaint. Any student, faculty, staff member or person who is found to have engaged in sexual harassment will be subject to appropriate corrective or disciplinary action up to and including immediate termination, suspension or expulsion. This policy applies to students, faculty, staff and non-¬employees who come into contact with College students and employees. Any sexual harassment by a non-employee, such as a vendor or contractor, shall be reported immediately to the employee’s immediate supervisor or to the affirmative action officer.
           
        3. Process for Addressing Complaint of Sexual Harassment: The Sexual Harassment Policy requires action and confidential record keeping as a means of protecting the entire Albright College community of faculty, administrators, staff and students. Immediate and, if necessary, corrective action shall be taken on all complaints of sexual harassment. Members of the Albright College community should encourage individuals who experience sexual harassment to come forward. In addressing complaints of sexual harassment, the individual should speak directly to the harasser, identifying the incident and what was objectionable and stating the remedy sought. Or, the individual can write to the harasser, identifying the incident and what was objectionable and stating the remedy sought. On the assumption that the remedy sought is to have the action cease, this could end the matter. Failing that, or alternatively, the individual should report the incident directly to one of the following individuals, who are responsible for helping resolve the problem either informally or formally: 1) If the individual is a student, he/she should report the incident to the Department of Public Safety; 2) If the individual is faculty, administrator or support staff, he/she should report the incident to his/her immediate supervisor; 3) If the individual is not comfortable reporting the incident to his/her supervisor or wants to take it further, then he/she should report the incident to the affirmative action officer, who also serves as the associate vice president and director of human resources.
           
          The individual should keep records documenting all incidents and conversations that involve sexual harassment, including the date, time, place and witnesses, if available. After informal or formal intervention is complete and there is evidence of inappropriate actions that violate the College Sexual Harassment Policy, disciplinary action against the harasser may follow. Disciplinary action should be commensurate with the scope and severity of the occurrence. Effort will be made to provide appropriate relief in the form of sanctions that may include reprimand, warning, probation, suspension, demotion, expulsion or termination. All employees and students should be aware that the College is prepared to take action to prevent and remedy such behavior, and individuals who engage in such behavior are subject to disciplinary action. Appeals with regard to this process should be made to the president.
  2. Title IX Statement
     
    Albright College is committed to providing a learning, working and living environment that promotes personal integrity, civility and mutual respect in an environment free of sex discrimination and sexual misconduct.  Title IX of the Educational Amendment Act of 1972 states that:  No person in the United States, shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal assistance.  Sex discrimination violates an individual’s fundamental rights and personal dignity.  Albright College considers sex discrimination in all its forms to be a serious offense.  This policy includes all forms of sex discrimination, including: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties.  This policy has been developed to reaffirm individual rights and responsibilities and to provide recourse for those individuals whose rights have been violated.  It should serve as a guide for you on the expectations we have for sexual communication, sexual responsibility and sexual respect. 
     
    All College employees, including student employees in certain roles, are mandated reporters of sexual misconduct and discrimination. Mandated reporters must ensure that any sexual misconduct or discrimination that they become aware of is reported to the College’s Title IX Coordinator or deputy coordinators. Reports may also be made to the College’s Department of Public Safety at 610-921-7670. This policy applies to all sexual misconduct, discrimination, or harassment regardless of the gender, gender identity or sexual orientation of the complainant or respondent.