- Alcohol and Drug Abuse
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In compliance with the Drug-Free Schools and Communities Act Amendments of 1989, Delta State University is committed to the elimination of alcohol and drug abuse.
Student: includes all persons enrolled at the University whether full-time or part-time.
Employee: includes all faculty and staff employed whether full-time or part-time.
Illicit drugs: are defined in Section 202 of the Controlled Substance Act; and the Mississippi Uniform Controlled Substance Law, Mississippi Code Supplement (1989).
Alcoholic beverages: are defined in Sections 41-29-139, 142, 67-1-5, and 97-29-7 of the Mississippi Code Annotated.
POLICIES and RESPONSIBILITIES
Standards of Conduct
The unlawful possession, use or distribution of illicit drugs and alcohol by its students and employees on university premises is strictly prohibited and in violation of University policy. It shall be the personal responsibility of each student, faculty and staff employee to adhere to this policy as stated. Failure to do so will result in sanctions as stipulated in this policy.
Legal Sanctions
As specified in Section, 37-105-9, 41-29-139, 41-29-142, and 97-29-47 of the Mississippi Code Annotated legal sanctions are applied to the following actions: possession of alcohol on University property; public drunkenness on University property; utilization of false ID to obtain alcohol; driving under the influence of alcohol; possession of illicit drugs; sale of illicit drugs; sale of illicit drugs near schools; possession of paraphernalia; and sale of paraphernalia. Sanctions range from fines of $25 to $1 million and jail sentences of 30 days in the county jail to 30 years in the state penitentiary.
Sanctions
Sanctions may be imposed upon employees and/or students who violate the University's alcohol and drug abuse policy as follows:
Employees
Suspension pending further investigation (with pay); satisfactory participation in a drug or alcohol abuse assistance or rehabilitation program; issuance of a formal warning; or termination. For termination, the applicable termination procedure from the Faculty and Staff Handbook will apply, based upon the status of the employee.
Students
Probation for a minimum of six months up to the remainder of their tenure, and/or a fine of up to $100 and/or work of 10 hours up to 50 hours, and/or specified number of hours of counseling in the Counseling Center; and/or suspension for a specified period of time or with sentence suspended, expulsion from the University or one of its residential units, or any combination of the above listed sanctions or other forms of creative sanctions which might be imposed. Further disciplinary procedures can be found in the Delta State University Student Handbook, a copy of which can be obtained in the Office of the Vice President for Student Affairs.
Health Risks
Delta State University recognizes that illicit drug use and alcohol abuse are both wrong and harmful. Medical research reveals that such behavior is a causative factor in heart, liver, and gastrointestinal diseases as well as in various cancers and brain damage. The abuse of alcohol and other drugs is not only destructive to the physical health, but it also erodes the self-discipline and motivation necessary for learning. Pervasive drug use and alcohol abuse create an environment that is destructive to learning and working. Closely tied to being truant and dropping out of school, they are associated with crime and misconduct that disrupt the maintenance of an orderly and safe university atmosphere conducive to learning and working.
Counseling Programs
The University makes available to all its students and employees the services of the Counseling Center (O.W. Reily Health Center, 846-4690). In addition to offering direct services to students and employees experiencing problems with alcohol or substance abuse, the Counseling Center provides referral services to several centers for alcohol and drug treatment and rehabilitation in the area.
In addition, substance abuse programs are offered in the residence hall by the Counseling Center, the Student Task Force Against Alcohol and Drug Abuse, the Delta Community Mental Health Center, DSU Police Department, and the City Police Department.
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Faculty Staff Handbook
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Student Handbook
- Americans with Disabilities
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Delta State University complies with all applicable laws regarding affirmative action and equal opportunity in all its activities and programs and does not discriminate against anyone protected by law because of a disability. The University makes provisions to accommodate all disabled persons.
None
The Americans with Disabilities Act (ADA) Officer is located in the Counseling Center, O.W. Reily Health Center.
- Disciplinary Process
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In accordance with Article IX, Section 5 of the By-laws and Policies of the Board of Trustees of State Institutions of Higher Learning the President of Delta State University is charged with the responsibility of maintaining appropriate standards of student conduct and is authorized to expel, dismiss, suspend, and place limitations on continued attendance and to levy penalties for disciplinary violations subject to procedures of due process.
None
Disciplinary hearings at Delta State University are utilized in order to arrive at decisions regarding student behavior. These decisions affect the student and his relationship with the University. The Administration of discipline is an educational process, and the procedures are determined by students and educators. Such procedures will give full cognizance to tests of fairness, justice, truth, and the requirements of due process. The requirements for due process will include notice of charges, a fair hearing, and an opportunity to appeal.
The disciplinary process has been delegated by the President to the Vice President for Student Affairs (VPSA). The VPSA, or his designee, may be assisted in this process by councils/boards/panels which hear cases assigned to them by the VPSA. These councils/boards/panels include the SGA Student Court and Appellate Committee. Violation of local, state, or federal law can also be assigned to local law enforcement authorities. Other bodies recognized by the VPSA as disciplinary entities include the Subcommittee on Fraternities and Sororities, the I.F.C. Judicial Board, the Panhellenic Judiciary Committee, and the Pan-Hellenic Judiciary Board. However, these entities may only sanction organizations for the behavior of individual members - not the individuals demonstrating said behavior.
The established hearing bodies, as well as those created by the VPSA, are empowered by the President of the University to hear various types of judicial cases. These bodies have the authority to levy fines, punishments, and work assignments when a student is found guilty as charged. In addition, such bodies may be charged by the VPSA with interpreting the Constitution of the Student Government Association and/or policies, rules and/or regulations established by Delta State University. Such bodies may also recommend to the VPSA that a defendant be suspended or expelled.
Residence Hall Councils handle minor residence hall infractions and consist of hall officers and a representative from each floor or unit of the residence hall. This council may convene as a Judicial Council to assist in the disciplinary process.
The SGA Student Court is comprised of justices appointed by the SGA president as outlined in the Student Government Association Constitution. The following procedures for initiating judicial procedures shall apply to the Student Court. SGA will hear cases assigned by the VPSA.
1. The student-defendant shall be given notification in writing of the specific charges against him, and the date, time, and place of the hearing.
2. Service of the notice shall be either by personal carrier or regular mail. If the service is personal, appropriate certification of receipt shall be made by the one who served the student-defendant notice. Service of the notice of the hearing must be presented at least five days prior to the hearing by the appropriate council. This minimum time limitation may be waived in writing by the student- defendant; however, the student may also request in writing a delay of the hearing.
3. The letter of notification will inform the student-defendant that he may bring any witnesses to the hearing to testify in his behalf.
4. The letter of notification will further inform the student that he may be accompanied and represented by an advisor of his choosing during any time that he might appear before a council. The advisor may speak only at the discretion of the Chairman of the Council.
5. Students are notified in writing within five(5) days of the decision
Members of the Appellate Committee are appointed by the President of Delta State. The Appellate Committee consists of seven members, four faculty members, and three students, one of whom is the president of the SGA. Any three of the members appointed by the chairman of this committee may sit as a panel for the committee. This Appellate Committee may be assigned cases or accept an appeal from the Student Court.
Cases may be assigned to the Residence Hall Council, Student Court, or Appellate Committee by the VPSA based on the type of violation, location of the violation, and/or the student’s current disciplinary status. The VPSA will, at his discretion, assign cases to hearing officers and/or committees/panels for original adjudication and, if appealed, assign cases to other bodies which he deems appropriate. The VPSA also has the right to immediately suspend a student from any or all university property or activity, pending a hearing, if the circumstances and/or seriousness of the alleged violations warrant such action. The VPSA will serve as the final appeal, prior to the President of the University, unless the VPSA is otherwise excessively involved in a lower decision. The VPSA may also interject his authority in a judicial matter (before or after a decision has been rendered) if he determines the safety and/or welfare of the defendant(s) and/or university population is threatened.
A student found guilty of any violation of University regulations has the right of appeal. For original adjudication cases, he/she has five days in which to accept or appeal the decision rendered in the case. After original adjudication cases, the limit of time in which to appeal will be established by the VPSA. The decision to appeal must be communicated to the judicial officer hearing the case or to the VPSA. This appeal must be made to the SGA Chief Justice if the case was heard by the student court, or appeal to the Director of Housing and Residence Life if the case was heard by the Residence Hall Council. The VPSA may refuse to allow an appeal after the original adjudication, if he determines that there is no merit in the case. Such a decision may be appealed to the President of the University.
- Drug Free Environment
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Delta State University is committed to maintaining a drug-free environment in conformity with appropriate state and federal laws.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
Delta State University is committed to maintaining a drug-free environment in conformity with state and federal laws as set forth in the Uniform Controlled Substance Law of the State of Mississippi and the Drug-Free Workplace Act of 1988. As a result of these laws and of the policy of this institution that the campus of Delta State University be a drug-free environment, employees are specifically prohibited from the possession, use, manufacture, distribution, sale or in any other way involved with a controlled substance both on and off campus, except as permitted in the relevant legislation. The term "employee" shall specifically include full-time and part-time. Each employee must abide by the requirements of this policy as a condition of employment at this university.
Delta State University will make available to all present and new employees a copy of this policy.
Employees are encouraged to seek assistance voluntarily on a confidential basis by contacting the person's immediate supervisor or the University Counseling Center. Assistance with substance abuse problems is available through several centers for alcohol and drug education in the Delta area.
Supervisors must confidentially refer for counseling any person under their supervision who appears to be having difficulty with substance abuse.
Delta State University has established a Drug-Free Awareness Program that is administered jointly through the University Counseling Center and Human Resources Office. This program includes supervisory training programs, confidential referrals to rehabilitation programs approved for such purposes by a federal, state, or local health agency.
Any staff member who has been convicted of a criminal drug statute violation occurring in the workplace must notify the supervisor no later than five (5) days after the conviction.
Depending upon the facts related to any drug conviction or use, the employee may be:
suspended pending further investigation; required to participate in a drug abuse assistance program; issued a written warning; or terminated. For terminations, the applicable termination procedure will apply, based upon the status of the employee. Any action will be initiated within thirty (30) days after the facts become known by the University.
If faculty or staff members fail to notify their immediate supervisor of any criminal drug statute conviction for a violation occurring in the workplace within five (5) days after such conviction, they will be suspended pending investigation with termination possible. For purposes of this policy "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
Upon notification of such conviction, the University is required by law to notify the applicable funding agency (or agencies) within ten (10) days if the employee is working in a position funded by federal monies.
If an employee is suspected of violating any criminal drug statute in the workplace, the DSU Police Department will be called to begin investigation of the case.
- Grievance Policy - Non Academic Issues
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POLICY STATEMENT
The right to each student to resolve grievances with the University is affirmed and specific appeal procedures are herewith established to assure timely and appropriate consideration of each grievance. Student grievances generally originate at the department level and the resolution of the grievance is sought at the department level.
DEFINITIONS
None
PROCEDURES and RESPONSIBILITIES
NON-ACADEMIC ISSUES ONLY
The right of each student to resolve grievances with the University is affirmed, and specific appeal procedures are herewith established to assure timely and appropriate consideration of each grievance. Student grievances generally originate at the department level, and the resolution of the grievance is sought at the department level.
Instructions regarding the grievance procedure will be available to students at the Office of the Vice President for Student Affairs and at the Student Government Association office, and will be published in the Student Handbook. If the grievance is regarding a FERPA issue (
http://www.deltastate.edu/pages/4149.asp), the student should follow the steps listed in Section II below: Student Grievance Process for FERPA issues. If the grievance is regarding a Sexual Harassment issue, the student should follow the steps listed in Section III below: Student Grievance Process for Sexual Harassment Issues.
The President of the University is the final arbitrator of all grievances. It is the desire of the University to settle all grievances as expeditiously as possible. In rendering a decision during the grievance procedure, it is the responsibility of the University to provide the student with written notification regarding the results of hearings.
I. STUDENT GRIEVANCE PROCESS for Non-FERPA Issue
To initiate action in keeping with Delta State University’s grievance policy, a student should first discuss the grievance with the staff member directly involved. The student should present a signed, dated, written statement of grievance within five days of the cause of complaint. The staff member involved will render a decision within one week of receipt of the grievance. Upon receipt of the staff member’s decision, the student then has one week to appeal the decision to the immediate supervisor or department head.
If the matter is not satisfactorily resolved, the student should request in writing a meeting with the Vice President of Student Affairs. Students may appeal the decision of the Vice President by requesting a hearing before the appellate committee (http://www.deltastate.edu/pages/359.asp), a seven member committee appointed by the President of the University and composed of four faculty members and three student representatives. During this official hearing a student may either represent himself or be advised by legal counsel of his or her choice. Legal counsel may speak only at the discretion of the chairman of the committee.
Students may appeal the decision of the appellate committee to the President of the University within one week of decision.
Step 1: Staff Member
Step 2: Immediate supervisor and/or head of department
Step 3: Vice President for Student Affairs
Step 4: Appellate Committee
Step 5: President of the University
II. STUDENT GRIEVANCE PROCESS for FERPA Issues
The rights of each student to privacy of educational records, as outlined in the Family Educational Rights and Privacy Act (FERPA), are affirmed by the University (http://www.deltastate.edu/pages/4149.asp). To initiate an appeal of a matter covered by FERPA, a student should first discuss the grievance with the University Registrar. If the matter is not satisfactorily resolved, the student should request in writing a meeting with the Vice President of Student Affairs or the Vice President for Academic Affairs. Students may appeal the decision of the Vice Presidents by submitting a written request for a hearing before the appellate committee, appointed by the President and composed of members of faculty/staff and student representatives. During this official hearing a student may either represent himself or be advised by legal counsel of his or her choice. Legal counsel may speak only at the discretion of the chairman of the committee.
Students may appeal the decision of the appellate committee to the President of the University.
Step 1: University Registrar
Step 2: Vice President for Academic Affairs or Vice President for Student Affairs
Step 3: Appellate Committee
Step 4: President of the University
III. STUDENT GRIEVANCE PROCESS for Sexual Harassment Issues
Sexual harassment is illegal under both state and federal law. It is the policy of Delta State University to insure that the University community remains free from sexual harassment. Any student (or employee) who violates this policy is subject to disciplinary action. Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
I. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education,
II. submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual,
III. such conduct has the purpose or effect of substantially interfering with an individual’s
academic performance or creating an intimidating, hostile, or offensive education or living environment. Deans, division/department chairmen, and department heads must take appropriate steps to disseminate this policy statement and to inform students of procedures for lodging complaints.
To initiate a grievance regarding sexual harassment, a student should first discuss the grievance 1) with the Director of Human Resources or the appropriate administrative personnel (supervisor) if the grievance is against a Faculty/Staff member; or 2) with the Vice-President of Student Affairs if the grievance is against a student. If the matter is not satisfactorily resolved, the person should request in writing a meeting with the Vice President for Academic Affairs who will make a decision and inform the student in writing. Students may appeal the decision of the Vice President by submitting a written request for a hearing before the appellate committee, appointed by the President and composed of members of faculty/staff and student representatives. During this official hearing a student may either represent himself or be advised by legal counsel of his or her choice. Legal counsel may speak only at the discretion of the chairman of the committee.
Students may appeal the decision of the appellate committee to the President of the University.
1) Director of Human Resources or appropriate administrative supervisor or Vice President for Student Affairs
2) Vice President for Academic Affairs
3) Appellate Committee
4) President of the University
RELATED DOCUMENTS
- Harassment
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POLICY STATEMENT
It is the policy of Delta State University that all employees, students, customers, contractors, and visitors to our campus enjoy a positive, respectful and productive work environment free from behavior, actions or language constituting workplace harassment.
DEFINITIONS
Harassment: Unlawful harassment of an individual on the basis of race, color, gender, national origin, religion, age, or disability that is prohibited under Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act, and/or the Age Discrimination in Employment Act. Sexual harassment is a form of harassment. Sexual harassment is unwelcome or unsolicited speech or conduct based upon sex that creates a hostile environment or circumstances involving quid pro quo.
Hostile Environment: A hostile environment is one that a reasonable person would objectively find hostile or abusive or one that the particular person who is the object of the harassment perceives to be hostile or abusive. A hostile environment is determined by looking at all of the circumstances including:
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the nature of the alleged hostility
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the frequency of the allegedly harassing conduct,
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its severity,
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whether it is physically threatening or humiliating, and
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whether it unreasonably interferes with an employee’s work or student’s academic performance
Quid Pro Quo: Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a position of power or influence constitutes “quid pro quo sexual harassment” when:
- submission by an individual is made either an explicit or implicit term or condition of employment or of academic standing, or
- submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting that employee or student
As defined, “quid pro quo” normally arises in the context of an authority relationship. This relationship may be direct as in the case of a supervisor and subordinate or teacher and student or it may be indirect when the harasser has the power to influence others who have authority over the victim. Same sex sexual harassment is included in the definition of this policy and the offender and victim can be either male or female.
Student: Any individual enrolled either full-time or part-time in Delta State University on or off-campus courses.
Employee: This generally includes faculty and staff employees on University paid appointments. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Delta State University is committed to providing and promoting an atmosphere in which faculty and staff can realize their maximum potential in the workplace and students can engage fully in the learning process. Toward this end, all members of the university community (including faculty, staff and students) must understand that harassment will not be tolerated, and that they are required to abide by university policy. Harassment violates federal civil rights laws and the university’s nondiscrimination policy.
The purpose of this policy includes:
- to serve as notice of the types of behavior which are unacceptable and will not be tolerated by DSU and
- to advise those who feel they have been the object of harassment of the recourses available to them.
It is incumbent upon anyone who feels he or she has been harassed to avail themselves of this policy and procedure.
Engaging in harassment is unacceptable conduct which will not be tolerated. Any student found to have engaged in harassment will be subject to discipinary action up to an including suspension. Any employee found to have engaged in harassment will be subject to disciplinary action up to and including termination. Managers and supervisors who know or should have known of harassment and fail to report such behavior, or fail to take immediate, appropriate action, will be subject to disciplinary action up to and including termination.
In determining whether alleged harassing conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.
Assurance / Protection Against Retaliation
This policy seeks to encourage students, faculty, and other employees to express freely, responsibly, and in an orderly way opinions and feelings about any problem or complaint of harassment. Retaliation against persons who report or provide information about harassment or behavior that might constitute harassment is also strictly prohibited. Any act of reprisal, including internal interference, coercion, and restraint, by a University employee or by one acting on behalf of the University, violates this policy and will result in appropriate disciplinary action.
DSU also recognizes that false accusations of harassment can have serious effects on innocent persons. If the investigation results in finding that the complainant has acted maliciously or has recklessly made false accusations, the accuser will be subject to appropriate disciplinary actions. Retaliation is a serious violation of this policy and should be reported immediately.
Confidentiality
Delta State University will do everything consistent with enforcement of this policy and with the law to protect the privacy of the individuals involved and to ensure that the complainant and the accused are treated fairly. Information about individual complaints and their disposition is considered confidential and will be shared only on a “need to know” basis. All reasonable steps will be taken to assure that the complainant and the alleged offender are protected by the highest degree of confidentiality possible. Both parties are advised, however, that once an inquiry or an investigation has begun, anonymity may be impossible.
Prompt Reporting of Allegations
Persons who believe they have been victims of harassment should report the incident(s) immediately to appropriate administrative personnel as set forth below. Delay in reporting makes it more difficult to establish the facts of a case and may contribute to the repetition of offensive behavior.
If a complainant is able and feels safe, he or she should clearly explain to the respondent that the behavior is objectionable and request that it cease. The complainant should do so as soon as possible after the incident occurs. Communication with the respondent may be in person, on the telephone, or in writing. If the behavior does not stop, or if the complainant believes some adverse employment or educational consequences may result from the discussion, he or she may utilize a documented grievance process. There are two modes for resolving complaints, the informal grievance report and the formal grievance procedure.
Informal Report
Informal means are encouraged as the beginning point, but the choice of where to begin normally rests with the complainant. The informal complaint seeks resolution through discussion and mediation facilitated by the mediator, either the Vice President for Student Services or the Director of Human Resources.
Students:
The informal complaint seeks resolution through discussion and mediation facilitated by the Vice President of Student Services. Students who believe for any reason that they cannot effectively submit their informal complaint to the Vice President of Student Affairs should direct their complaint to the Provost/Vice President for Academic Affairs.
Faculty and Staff:
The informal complaint seeks resolution through discussion and mediation facilitated by the Director of Human Resources. Faculty and staff who believe for any reason that they cannot effectively submit their informal complaint to the Director of Human Resources should direct their complaint to either the Provost/Vice President for Academic Affairs or the Vice President for Finance & Administration.
The informal complaint does not involve, at any stage, a "finding" of guilt, nor does it mandate disciplinary action. The focus of the investigation in the informal report is to stop inappropriate behavior, investigate, and facilitate resolutions, if possible.
If a grievance is pursued through this informal complaint procedure, the complainant must initiate the request. The complaint should be brought as soon as possible after the most recent incident.
The role of the Vice President of Student Affairs and the Director of Human Resources will be to investigate the complaint, act as a neutral third party (mediator) and facilitate resolution. If the informal report procedure does not resolve the complaint, the complainant may initiate a formal grievance procedure. However, if the mediator(s) believe that the matter is sufficiently grave because it seems to be part of a persistent pattern, because of the nature of the alleged offense, or because the complainant seeks to have a sanction imposed, then the mediator(s) can initiate either a formal procedure or take other appropriate action.
Process
- The mediator(s) will hold a discussion with the complainant to determine the nature of the complaint and provide the complainant with an explanation of all provisions of the policy.
- The mediator(s) will the meet with the respondent, assist him or her in interpreting the complaint, and request information regarding their position. The mediator(s) will facilitate communication between the parties of their respective positions. If desirable and agreeable to both parties, the mediator(s) may bring together the complainant and respondent and/or others who may be able to contribute to the resolution of the complaint.
- If a resolution satisfactory to both complainant and respondent is reached, DSU may consider the complaint concluded. DSU may, however, deem further investigation necessary in order to address any disciplinary issues.
If a complaint is resolved informally, no record of the complaint will be entered into either employment files or student records. However, the mediator(s) will, in the form of a confidential file memorandum, record the fact of the complaint and the resolution achieved. A copy of the memorandum will be retained in confidential files for a period of three years.
Formal Complaint
Any individual who believes that he or she has been the object of harassment may bring a formal complaint. The following sections identify appropriate reporting channels that students and employees should contact regarding harassment.
Student Complaints
- If the formal complaint is against a faculty member, graduate assistant, or staff member in an academic or administrative department, it should be directed to the Vice President for Student Affairs. This also applies to students participating in internships, field placements, student teaching, and off campus academic settings.
- If the formal complaint is against a student, not acting in an instructional or other employment capacity, it should be directed to the Vice President for Student Affairs.
- Students who believe for any reason that they cannot effectively submit their formal complaint through the above channels can direct their complaint to either the Provost/Vice President of Academic Affairs.
Faculty and Staff Complaints
- If the formal complaint is against a faculty member, other instructional personnel, or staff employed in a college or school, it should be directed to the Director of Human Resources.
- If the formal complaint is against a staff member in a department other than a college or school, it should be directed to the Director of Human Resources.
- If the formal complaint is against a student, not acting in an instructional or other employment capacity, it should be directed to the Vice President for Student Affairs.
- Faculty and staff who believe for any reason they cannot effectively submit their formal complaint through the above channels can direct their complaint to either the Provost/Vice President of Academic Affairs or the Vice President for Finance & Administration.
Faculty, staff, and students who are victims of assault or harassment may seek advice and referral from the University’s Counseling Services. This office, which keeps all information confidential, neither receives complaints nor conducts investigations.
Filing the Formal Complaint
The process is initiated when a written, signed complaint is submitted. When a written complaint is received, it will be treated as a formal complaint unless it specifically states that complainant desires to use the informal process. (However, any apparently legitimate complaint, regardless of its form, will be investigated and resolved to the extent deemed appropriate under the circumstances). The signed complaint should include the names of the individuals involved, a description of what occurred, and the time(s), place(s), and date(s) of the event(s).
Notice to Parties
After a formal complaint has been received, the investigator(s) will promptly notify all parties in writing of: the charge, including the names of all parties; DSU’s policy and procedure on harassment, and the name(s) of the individual(s) who will conduct the formal investigation on behalf of DSU.
Formal Investigation
The investigator(s) will ask the respondent to submit a detailed statement describing what occurred at the time of the alleged incident and listing the names of any witnesses with a brief description of what each may have seen or been told. The investigator(s) will then furnish each party with a copy of the other party’s statement. Within five (5) working days after receipt of the statement, each party will prepare and submit a detailed written response to the other party’s statement.
The investigator(s) may conduct interviews with witnesses. If possible, statements of witnesses will be in writing and signed; however, the investigator(s) may prepare written summaries of oral statements made by the witnesses. The investigator(s) must inform each witness that his or her statement will be furnished to each of the respective parties. When the investigation is complete, the investigator(s) will prepare a written preliminary report. The report should describe the evidence in detail, have attached summaries, and other relevant documents, and contain recommendations. The complainant and respondent will have two (2) working days in which to share their response to this report with the investigator(s). The investigator(s) will consider responses and prepare a final report to be sent to the complainant, respondent, and the President.
Appeal Process / Final Decision
Either party may respond to the final report of the investigator(s) by written letter to the President. This letter should contain arguments as to why the recommendation(s) of the investigator(s) should be modified, accepted, or rejected. The President shall consider both the report of the investigator(s) and the letters of the respective parties. The decision of the President is final. The complainant and the respondent will be notified of the outcome of the investigation.
False Allegations
DSU recognizes that the question of whether a particular course of conduct constitutes harassment requires a factual determination. DSU also recognizes that false accusations of harassment can have serious effects on innocent persons. If the investigation results in finding that the complainant has acted maliciously or has recklessly made false accusations, the accuser will be subject to appropriate disciplinary actions.
Record Keeping
All written records generated through the use of the formal complaint procedure shall be kept for a period of three years in respective student’s records or the employee’s records in the Human Resources Department.
Responsibilities of Delta State University Supervisors
All members of the university community have a general responsibility to contribute in a positive way to a university environment that is free of harassment. Supervisory personnel, however, have additional responsibilities. Supervisory personnel are not only responsible for educating and sensitizing employees in their units about harassment issues, but they are also directed to take all appropriate steps to prevent and stop harassment in their areas of responsibility. Supervisory personnel who are contacted by an individual seeking to file a complaint about harassment in their department or area of responsibility shall assist the complainant in contacting the appropriate personnel.
Rights and Responsibilities of the Respondent
- The right to have an opportunity to fully respond to the complaint.
- The right to have the complaint investigated and resolved in a timely manner.
- The responsibility not to take any actions against the complainant that could be considered retaliation. There should be no contact between the supervisor and complainant during the course of action.
- The right to know the steps taken to resolve the complaint. Investigators will fully inform the individual on the status of the investigation.
- The responsibility of providing as much information as possible as requested by the investigator(s) in order to provide a fair and just resolution to the complaint.
- The responsibility of maintaining confidentiality. The nature of the complaint should not be disclosed to persons not involved.
RELATED DOCUMENTS
- Identification Cards - Students
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Students must carry their identification card at all times and produce them when requested by members of the University staff. These cards are not transferable. Students are liable for disciplinary action for misuse of identification-activity cards, for altering them in any way, for loaning them to another person, or for failing to have the card on his or her person when it is requested by a member of the university staff.
None
PROCEDURES and RESPONSIBILITIES
During initial registration all full-time and part-time students enrolled in six or more hours are given a combination identification-activity card, also known as the Okra Kard, bearing their photograph and student identification number. These cards are important because they will identify a student when borrowing books from the library, making purchases in the bookstore, purchasing a parking decal, cashing authorized checks, gaining admittance to food services, meal plan tracking, a pre-paid debit account and all student activities and athletic events. The identification card has a monetary value because it is a prepaid ticket to all athletic events (other than GSC and NCAA tournaments where Delta State is a host site) and many social events.
It is the policy of the university to issue replacement identification cards for a set fee.
- Notification of Rights under FERPA for Postsecondary Institutions
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Delta State University complies with the Family Educational Rights and Privacy Act (FERPA), which affords students certain rights with respect to their education records.
FERPA: Family Educational Rights and Privacy Act
The Family Education Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:
- The right to inspect and review the student's education records within 45 days of the day the University receives a request for access.
A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student's education records that the student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
A student who wishes to ask the University to amend a record should write the University official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the University decides not to amend the record as requested, the University will notify the student in writing of the decision and the student's right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to provide written consent before the University discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
The University discloses education records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University.
Upon request, the University also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
- Student Regulations
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Students are expected to be honest and truthful, to abide by the student regulations as describe in this policy, to respect and obey existing laws, to respect private and public property, to observe generally accepted standards of conducts, and to respect the rights of the individuals. Violations of these principles may subject students to disciplinary action determined by the established University judicial system.
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The stated aims and purposes of Delta State University indicate that a student attending this institution should not only achieve intellectual enrichment, but also spiritual, moral, physical, and social enrichment as well. Students must follow the established rules and regulations in order to insure the proper and orderly functioning of the University. Students should become familiar with the following regulations. Students are also responsible for reading notices posted on official bulletin boards and for information presented in official residence hall meetings.
It is impossible to predict all human behavior or to write down all rules and regulations for proper conduct; therefore, no student regulations can be totally comprehensive. Students at Delta State are to conduct themselves and their affairs in keeping with generally accepted principles of our society and the university community.
The statements listed below, although not inclusive, enumerate certain violations of the student regulations and may subject violators to appropriate disciplinary action, including suspension and expulsion:
1. The use and/or possession of illegal drugs or narcotics. Violation of this regulation will result in automatic suspension from the residence hall, as well as other disciplinary actions.
2. The possession, consumption, and/or sale of alcoholic beverages or public drunkenness on campus, in university living units, or at university sponsored functions on the campus of Delta State University. Violators will be subject to having any or all contraband confiscated. Violation of this regulation will result in one or more of the following for a first offense: probation up to six months, assigned work up to ten hours or the equivalent in counseling, and a fine of no less than $25.00 and no more than $50.00. If necessary, violation may be subject to prosecution to the fullest extent of the law.
3. Unauthorized entry by members of opposite sex into residence hall.
4. Participation in a riot, raid, or unauthorized demonstration or refusing to leave the scene of a riot, raid, or other unauthorized demonstration when ordered to do so by an authorized official.
5. Refusing to show University identification card when requested by proper authority. Students are responsible for having their I.D. cards in their possession at any time they are outside their place of residence.
6. Failure to meet financial responsibility to the University.
7. Use and/or possession of firearms, ammunition, explosives, fireworks, or other lethal weapons on campus.
8. Gambling in any form.
9. Plagiarism, cheating, or knowingly furnishing false/and/or misleading information to the University or other similar forms of dishonesty in University related affairs.
10. Forgery, alteration, destruction or misuse of University documents, records, identification, or telephone access codes.
11. Obstruction or disruption of teaching, research, administrative activity, disciplinary procedures, or other authorized activities on University premises.
12. Physical or verbal abuse of any person or conduct which threatens or endangers the health or safety of any such person.
13. Theft, arson, or damage, to property of the University and/or leased from an outside agency, or a member of the University community or campus visitor.
14. Unauthorized use of University facilities, including entry or exit doors.
15. Unauthorized or illegal use of the University computer system.
16. Disorderly, lewd, indecent, or obscene conduct or language. This includes, but is not limited to, music lyrics when such music is played loud enough to be heard by other residence hall students or by pedestrians if played by a car or portable sound system.
17. Refusal to respond to a request to report to a University administrative office and/or failure to comply with directions of duly authorized University officials acting in the performance of their duties.
18. Inciting others to violate written University policies and regulations.
19. Unauthorized sales and solicitations on the Delta State campus.
20. Use of a residence hall room or phone for soliciting or conducting business.
21. Conduct which is in violation of local, state, and federal laws.
22. Damage or misuse any fire detection equipment or initiation of a false fire alarm. Violators will be suspended from University Residence Halls, face other disciplinary actions and, and may be subjected to criminal charges.
23. Students are responsible for the actions of their guests on campus. All visitors on our campus will abide by Delta State University rules and regulations
24. Misuse of any student I.D. card. Any student using an I.D. card other than his/her own or loaning his/her I.D. card to another for the purpose of gaining admittance into the cafeteria or any other University functions will have his/her I.D. card confiscated and will be assessed a $10.00 fine as well as possibly face other disciplinary actions . Students are responsible for the use/misuse of their identification cards.
25. Failure to abide by Residence Hall Code and all Housing policies
26. Harassment of another individual. Harassment includes, but is not limited to, impeding another persistently, or to wrong or bother another persistently. It also includes, but is not limited to, sexual harassment. Harassment includes, but is not limited to, impeding another persistently, or to wrong or bother another persistently. It also includes, but is not limited to, sexual harassment.
27. Words, behavior, and/or actions which inflict mental or emotional distress on others and/or disrupt the educational environment at Delta State University.
28. Stalking of another individual. Stalking is defined as willfully, maliciously, and repeatedly following or harassing another person, or making a credible threat, with the intent to place that person in reasonable fear of death or serious bodily injury.
Any student charged with or convicted of a violation of law, or University regulation, injurious to the health and welfare of the University community shall be subject to immediate administrative suspension, with or without prejudice, depending upon the nature and circumstances of the case by the President of the University or his delegate.
The convictions of a student for a criminal offense of any kind which may interfere with the orderly educational operation of the University or of a kind, which if the student were allowed to remain enrolled, may endanger the health, safety, or property of the members of the academic community shall be sufficient grounds for administrative disciplinary action against such student.
- Student Responsibilities
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Delta State University requires students to adhere to established guidelines and policies. Individual students have the following responsibilities.
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Student members of the Delta State University community as individuals and in groups have certain responsibilities. These include:
1. The responsibility to present University identification to authorized University officials upon request, including cam pus police, Hall Directors, Assistant Hall Directors, and resident assistants.
a. The University issues each student an identification card at the time of registration. This card is to be used to identify the recipient as a student of Delta State University. This card is a valuable document and should be in the student’s possession at all times.
b. Any misuse of the card by its holder or attempted use by another person will result in disciplinary action.
c. The loss or theft of an identification card should be reported immediately to the Office of Student Affairs. A substitute card will be issued only after payment of a $5.00 fee.
2. The responsibility to refrain from actions which deny other members of the community their rights as enumerated.
3. The responsibility to refrain from harassment of any individual(s) or group(s) on campus.
4. The responsibility to refrain from the use of force against a person or group, the forcible interference with another person’s freedom of movement, and/or personal abuse of another person.
5. The responsibility to respect the right to property of individuals, groups, and the University itself.
6. The responsibility to respect the confidentiality of personal information about members of the University community and to reserve that right of privacy.
- The responsibility to refrain from disruption in the form of coercion or violence.
- The responsibility to refrain from noise, disruption, and/or abusive behavior in the University community.
9. The responsibility for obtaining a copy of the University Parking and Traffic Regulations from the Delta State Police Department if operating a vehicle on University property.
10. The responsibility to observe all duly established University, local, state, and federal regulations. Nothing in this policy can affect in any way the jurisdiction of courts and other civil authorities over any Delta State Student. Membership in the Delta State community does not mean a privileged or immune status from the laws and other regulations that other residents of the State of Mississippi must obey. All laws of the state apply equally to members and nonmembers of the academic community.
11. The responsibility to give their correct local address at registration and to notify the director of admissions and registrar of any change of address within one week of such change.
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- Student Rights
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Delta State University provides an atmosphere conducive to the pursuit of knowledge within the following sets of rights.
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Delta State University is an academic community formally opened in 1927 which strives to preserve the rights of individuals. In order to provide an atmosphere conducive to the pursuit of knowledge, basic rights and responsibilities must be understood, guaranteed, and reinforced by every member of the University community. The broad purpose of disciplinary standards is to order University living so that interests of the University community and the individual are best served. The University’s responsibility extends to all students enrolled. Students apprehended and determined guilty of serious or repeated violations of University standards may receive a maximum penalty of dismissal from the University.
The policies on “Student Rights” and “Student Responsibilities” are not intended to restrain the activities of students and members of the University community. They are intended, however, to assure an orderly fashion of life on the University campus and to give every student an equal and orderly opportunity to pursue an education. Additionally, they are ordered to ensure that students have fair and impartial hearings in discipline and to maintain due process.
All members of the Delta State University community have certain rights and responsibilities. These include:
- The right to privacy of personal information. Public information released to anyone upon request includes student’s name, address, telephone listing, academic major, dates of attendance, awards received, participation in officially recognized activities and sports, and weight and height of athletic team members.
a. To a student who is financially dependent upon parents as defined by the IRS code, the burden of identifying such dependency rests with the student or the parent. Students, who are no longer financially dependent upon the parent as defined by the IRS code, should inform the Office of Student Financial Assistance; otherwise, the student’s parents will receive public information as described above. Additionally, parents of enrolled students can be notified of disciplinary action taken against the student.
b. Information concerning application for or receipt of financial aid may be released to official agencies involved in aid allocation.
c. Information may also be released to University officials with legitimate educational interests, to federal or state agencies as provided by law, and in compliance with lawful subpoenas. In cases of emergencies, information may be released as authorized by the Department of Education and regulations to protect the health and safety of the student or other persons.
2. The right to be secure from unreasonable or unauthorized search and seizure.
a. The University reserves the right to inspect the living quarters of any student residing in University property at any time that its administrative officials or their agents shall deem such inspection to be in the best interest of the University. Except for cases involving use of legal search warrants and for situations relating to fire hazards, mechanical malfunctions, energy consumption, general maintenance of physical facilities, property control, and personal safety of the residents, no person’s room will be entered when there are no occupants present. Courtesies will be observed in any case, with proper respect for the privacy of each resident. With these guidelines in mind, periodic inspections may be made that will be concerned with fire and safety, general cleanliness, property accountability, disorderly conduct, and excessive noise.
3. The right to conduct social affairs.
a. Student social affairs operate under policies established by the University Student Organizations Committee and the Vice President for Student Affairs. Responsibility for the conduct of social affairs rests with the sponsoring organization. All organizations, social or otherwise, are required to adhere to regulations or standards of conduct prescribed by the University Administration. A Handbook for Student Organizations is available in the Office of Student Development.
4. The right to dissent. In other words, to carry on individual or organized activity which expresses grievances held against, or changes desired. This activity is carried on within the limits of the democratic process of freedom of speech, assembly, and petition.
a. Any student parade, serenade, demonstration, rally, and/or other meeting or gathering for any purpose conducted on the campus of Delta State University must be scheduled with the Vice President for Student Affairs at least two days in advance of the event. Names of the responsible leaders of the group must be submitted to the University at the time of scheduling. Organizations which meet at regular times and places may, at the beginning of each semester, schedule such meetings with the Vice President for Student Affairs.
5. The right to an environment that is free of harassment or any other unreasonable interference with the student’s performance.
a. Delta State University provides a mechanism to redress grievances that may arise over sexual harassment or alleged discrimination on the basis of race, sex, religion, veteran’s status, age, national origin, or handicap as prohibited by Title VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and Sections 503 and 504 of the Rehabilitation Act of 1973. This procedure is also designed to present grievances concerning students’ rights of privacy and access to their educational records as articulated in the Family Rights and Privacy Act of 1974, commonly known as the Buckley Amendment.
b. The Student Grievance procedure is included in later in this policy.
6. The right to a smoke free environment. It is the policy of Delta State University to respect the rights of both the non-smoker and the smoker in buildings and facilities. When these rights conflict, students and employees should endeavor to find a reasonable accommodation. When such an accommodation is not possible, the rights of the non-smoker shall prevail.
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- Student-Right-To-Know and Campus Security Act
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In accordance with the 1990 federal Student Right-To-Know and Campus Security Act students have the right to information on graduation rates and statistics on violent and non-violent crimes occurring on the DSU campus.
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Statistics on violent and non-violent crimes are available from the Police department.
- Tobacco Free Environment
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Delta State University implements this policy in consideration of the general health, safety and comfort of all Delta State University students, faculty, staff and visitors. Effective on September 7, 2010, Delta State University prohibits the use of all tobacco products on its campus. This policy applies to all students, faculty, staff and visitors on Delta State University property or in its facilities.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
Smoking: inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any device used to transmit or convey tobacco smoke or related inhalant.
Tobacco products: cigarettes, chewing tobacco, pipes, cigars, snuff, or any device designed to transmit or convey tobacco smoke or related inhalant.
PROCEDURES
Use of all tobacco products is prohibited in all owned, operated, leased, occupied, and controlled entitles of Delta State University including; buildings, grounds, parking areas, walkways, athletic fields, tennis courts, golf course, and any other recreational or public areas. When any person enters the grounds of the University, the use of any smoking material or tobacco product shall cease. The offending tobacco product shall be disposed of in an appropriate receptacle. Improper disposal of cigarette or cigar butts, or collateral litter of tobacco-product use, shall also be considered a violation of this policy.
RESPONSIBILITIES
All of the members of the Delta State University community share responsibility for complying with this policy. Specific enforcement of this policy is primarily the authority of the Delta State University Police who are authorized to cite violators of this policy. Auxiliary enforcement of this policy is delegated to all University Chairs, Building Managers, Directors, Deans, and Supervisors. Auxiliary enforcement is an affirmative obligation to ensure that this policy is followed in all University academic and administrative units. Auxiliary enforcement includes making individuals aware of this University Policy as well as reporting violators to campus police.
- Violations of this policy should be addressed in a tactful, non-confrontational and compassionate manner.
- Violations should be reported to any University Chair, Director, Dean, Building Manager, Supervisor, or to the Campus Police.
PENALTIES
Students
Violators will be penalized according to the Student Code of Conduct. Students should take great care in addressing their peers who do not comply with this policy. Violators should be reminded of this policy in a tactful and compassionate manner.
- Multiple infractions may result in stiffer corrective actions under the Student Code of Conduct, including fines and/or community service.
- Further violations should be reported to campus police.
Faculty & Staff
Violators of this policy should be advised in a tactful, non-confrontational and compassionate manner.
- Continued infractions by faculty and staff may result in corrective action under the Human Resources Policies and Procedures or other University regulations.
- Further violations should be reported to campus police.
Visitors
Visitors who violate this policy should be advised in a tactful, non-confrontational and compassionate manner.
- Visitors refusing to comply with this policy may be asked to leave campus.
- Further violations should be reported to campus police.
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Policy approved by University Cabinet and effective on September 7, 2010.
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Work Performance and Code of Conduct policy, Tobacco Free Environment, Faculty Handbook
- Weapons on Campus
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The Board of Trustees of Institutions of Higher Learning prohibits the possession of pistols, firearms or other weapons in any form by any person other than duly authorized law enforcement officials on its institutions' premises or at any of its institutions or student functions off campus, regardless of whether such person possesses a valid permit to carry such pistols, firearms, or weapons.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
Section 97-37-17-2 of the Mississippi Code makes it a felony for any person to possess or carry, whether openly or concealed, any firearm on University property.