College Policies

Animal Policy

Pets

Students are not allowed to have pets in classrooms, residence halls, in College vehicles (including shuttle buses) or at College-sponsored events. Service Animals and Assistance Animals, as defined in the Service Animals and Assistance Animals section below, are exempt from this pet provision. Fish are permitted in residence halls in an aquarium that holds 10 gallons of water or less. Fish must be removed from the residence halls during extended break periods.

Service Animals and Assistance Animals

Champlain College recognizes that Service Animals and Assistance Animals can play an important role in facilitating the independence of some individuals with certain types of disabilities. In addition, the health and safety of Champlain College students, faculty, staff, and the Service Animal or Assistance Animal is an important concern. Therefore, Service Animals and Assistance Animals that meet the criteria described below will be exempt from the pet provision above.

College community members who have questions about the presence of Service Animals or Assistance Animals on campus should direct those questions to the Counseling Center and Accommodation Service (CAS) office.

Service Animals

A Service Animal is defined under the Americans with Disabilities Act (ADA) as any dog (or in some cases, a miniature horse) that is individually trained to do work or perform tasks for the benefit of an individual with a disability. The work or task must be directly related to the person’s disability. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of this definition (see “Assistance Animals,” below). Service Animals in training who are with a member of the College community who has a disability, and with whom the animal will be working as a Service Animal, are provided the same rights as Service Animals under this policy.

Students with Service Animals are permitted generally to bring their Service Animals in all areas of a place of public accommodation, such as classrooms, residence halls (including the private residence assigned to the student), activities and events, and dining facilities. However, Service Animals are not permitted if they pose a direct threat to health or safety, if their presence constitutes a fundamental alteration to the nature of a program or service, if they cannot effectively be controlled, or if they are not housebroken.

Students planning to bring a Service Animal to campus are encouraged to work closely with the Counseling Center and Accommodation Service (CAS) office. Students intending to keep a Service Animal in a residence hall must submit a request to CAS at least 30 days in advance on a form obtained from CAS. CAS may ask the student if the animal is required because of a disability, and what work or task the animal has been trained to perform, but will not ask about the nature of the student’s disability for this purpose. CAS will not require documentation about the training of the Service Animal.

Students are encouraged to provide identification that the animal is a Service Animal so that others are aware it is a working animal.

See below for a description of the student’s responsibilities and the reasons for removal of Service Animals.

Assistance Animals

An Assistance Animal provides emotional support, comfort, companionship or therapeutic benefits. A person qualifies for reasonable accommodation involving an Assistance Animal under the Fair Housing Act if:

(1) The person has a disability; (2) the animal is necessary to afford the person with a disability an equal opportunity to use and enjoy the residence halls; and (3) there is an identifiable relationship between the disability and the assistance the animal provides.

Assistance Animals are allowed generally within the residence halls, but not in other College buildings or college vehicles. The College will not, however, permit Assistance Animals in residence halls if they pose a direct threat to the health or safety of others; would cause substantial physical damage to the property of others; would pose an undue financial and administrative burden; or would fundamentally alter the nature of the College’s operations.

Students planning to bring an Assistance Animal to campus must obtain approval from the Counseling Center and Accommodation Service (CAS) office by submitting a request to CAS at least 30 days in advance on a form obtained from CAS. CAS will ask the student about the student’s disability and will ask for annual documentation from a physician, psychiatrist or other mental health professional that the animal provides support that alleviates symptoms of the disability.

See below for a description of the student’s responsibilities and the reasons for removal of Assistance Animals.

Requirements of Service Animals, Assistance Animals and their owners include:

• The owner of the animal must be in full control of the animal at all times.
• Animals must be licensed in accordance with city regulations and, if appropriate, must wear a valid vaccination tag.
• Animals must be in good health. Any service/assistance animals occupying college housing must have an annual clean bill of health from a licensed veterinarian.
• Service Animals should wear some type of easily recognized identification symbol (i.e., harness, backpack).
• Students will provide documentation of the continuing need for the assistance animal on an annual basis.
• The owner is responsible for appropriate waste clean-up and overall cleanliness of the animal.
• The owner is responsible for the appropriate management of his or her animal in all College facilities. Disruptive and/or aggressive behavior on the part of the animal may result in the owner being asked to remove the animal from College facilities.
• The owner is responsible for any property damage or personal injury caused by the animal, or pest control (i.e. flea treatment) required because of the animal.

Etiquette with Service Animals and Assistance Animals

• Do not pet a Service Animal or Assistance Animal without permission of the owner; petting a Service Animal when the animal is working distracts the animal from the task at hand. Service dogs typically wear a leather harness, scarf or sign to indicate they are working animals.
• Do not feed a Service Animal or Assistance Animal. The animal may have specific dietary requirements.
• Do not deliberately startle a Service Animal or Assistance Animal.
• Do not separate or attempt to separate an owner from her or his Service Animal or Assistance Animal.
• Allow a service animal to accompany the owner at all times and everywhere on campus except where service animals are specifically prohibited. Assistance animals are not afforded this right, and may only be present in the student’s housing if approved by CAS

Appearance Standard

Appropriate appearance is expected of all members of the College community. Employers and supervisors—on-campus and off-campus—as well as faculty members may require standards of dress and behavior relevant to places of employment, classes or College-sponsored activities.

Communication

All students are given a mymail.champlain.edu e-mail address. Students who live on campus excluding those residing at Spinner Place are given a mailbox in Cushing Hall. Students living at Spinner Place will receive mail and packages there. These channels are used for all official Champlain College correspondence. It is our expectation that students will receive and send information through these channels.

Computer Network Services and Policies

We are pleased to be able to provide you with e-mail network accounts and connections in all residence hall rooms. It is important to understand, however, that these services are privileges. We expect you to use these privileges in an appropriate, professional manner and to respect the rights of others. The Champlain College Standard of Conduct applies to electronic communications.

The College audits and logs transactions. If you send inflammatory or harassing e-mail, access inappropriate or illegal materials, or interfere with the network in any way that affects others at the College, disciplinary action may be taken, including the following:

• Your e-mail and network accounts can be terminated.
• The connection in your residence hall can be terminated.
• The incident may be referred to the appropriate campus department for disciplinary action.

Students must recognize that the illegal distribution of copyrighted materials (including unauthorized peer-to-peer file sharing) may subject you to criminal and civil penalties. The College will take steps to detect and identify such distribution and will cooperate fully with law enforcement agencies and copyright owners. In addition, internal disciplinary action, including termination of network access, may be taken.

A list of legal alternatives for downloading music and other copyrighted material is available on the College’s Web site. The following is a summary of civil and criminal penalties for violation of federal copyright laws:

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file- sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties.

In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ’s www.copyright.gov/help/faq.

Conduct Review Process

Champlain College places special emphasis on the development of student character, personality and ethical conduct. The conduct review process is initiated when a member of the Champlain College community or the local neighborhood brings a problem to the attention of the College. Potential violations of the College’s Standard of Conduct (including certain conduct that may also violate the College’s Academic Honesty policy), and disputes regarding the College’s initiation of involuntary withdrawals that are for more than a temporary period, may be addressed through this conduct review process. Reports are referred to the Office of Student Conduct, where the incident is investigated. Pertinent details are collected and statements of fact are recorded to the extent practicable and necessary in an effort to deal objectively with the issue. Conduct review process cases may be heard by judicial officers or may be referred to the Conduct Review Board.

Conduct Review Boards are made up of trained faculty, staff and student volunteers who hear cases referred to them by the Office of Student Conduct or, in cases of violations of the Academic Honesty Policy, the Provost’s Office. The Conduct Review Board will be convened at the discretion of the Office of Student Conduct. When the hearing is completed, the Facilitator of the Board will issue appropriate sanctions and meet with the student to share the sanctions.

All incidents and sanctions are documented and will remain in a student’s conduct file.

Sanctions could include but are not limited to the list below:

• Disciplinary Warning: A student receives a verbal or written warning that College policy has been violated and that further activity of a similar nature may result in more severe College action.
• Restitution: A student may be required to make financial or other restitution for damages or violations of the Code of Conduct when deemed appropriate by the College.
• Fines: Fines may be issued in varying amounts.
• Behavior Contract: A student enters into a contract with the Student Life Office or the Conduct Review Board. The contract stipulates certain behavior required of the student if he or she is to continue in good standing.
• Loss of Privilege: A student is required to refrain from participating in a College-sponsored activity or visiting specific residence halls for a specified amount of time.
• Referral: A student is required to engage in counseling or similar referral for a specified period of time.
• Completion of an Educational Program: A student is required to complete a class or project, or offer an educational program to other students.
• Disciplinary Probation: A student receives a written warning describing the severity of the action. Further violations of College policy may result in stricter steps, usually dismissal from a residence hall or from the College. The warning specifies a period of probation as well as any required consultation that is deemed appropriate.
• Law Enforcement Notification: The College may notify a law enforcement agency of activity that presents a risk to the College community or as otherwise deemed appropriate.
• Suspension or Dismissal from Housing: A student is required to leave College housing either temporarily or permanently.
• Suspension from the College: A student may be suspended from the College. A suspension means a student no longer has access to any College services and loses the privilege of continuing in online or on-site classes for a defined period of time.
• Dismissal from the College: A student is dismissed from the College and is prohibited from participating in any College activity, class or College- sponsored program. No student can be dismissed from the College without the approval of the College president.
• Parental Notification: The College maintains the right to contact a student’s parent(s), guardian(s) or family in accordance with FERPA regulations.

Appeal Procedure: Students have the right to appeal decisions made by a judicial officer or a Conduct Review Board. All appeals must be made in writing and sent to the Office of Student Conduct (studentconduct@champlain.edu), and must specify the reasons for the appeal. An appeal of any decision must be received within 48 hours after the student has been informed of the decision.   Appeals may be heard by a conduct officer, or by an Appeal Committee.  In both processes students will have the benefit of a new hearing of the case without prejudice.  The Appeal Committee will consist of faculty, staff and students with training and/or experience in this process. The responsibility of the Appeals Committee or the conduct officer hearing the appeal is to determine a fair course of action in light of the charges and evidence presented. When the appeal is complete, the matter shall be deemed fully resolved without further recourse with the exceptions that a petition for a new hearing may be made upon the discovery of new information or upon review by the President of the College.

Special Provisions Relating to Complaints of Sex Discrimination, Sexual Harassment and/or Sexual Violence when all parties involved are students: The following procedural features apply to Conduct Review Process cases that involve allegations of sex discrimination, sexual harassment and/or sexual violence, notwithstanding any other provisions in this policy, or otherwise-utilized practices to the contrary.

Throughout the College’s investigation and any hearings, the complainant and the respondent will have an equal opportunity to present relevant witnesses and other evidence, they will be afforded similar and timely access to any information that will be used at any hearing, they will be allowed a similar opportunity to present character witnesses (but only if either party is allowed to do so), and each party will have a similar opportunity to review statements provided by the other party. If any hearings are held, direct cross-examination of the complainant by the respondent will not be allowed. Both the complainant and the accused student will have an equal right to file an appeal 48 hours after the student receives notification of the decision. Both parties will be notified of the outcome of any investigation, hearing, and/or appeal, to the extent permitted by law; usually, this will occur within 7 days of the conclusion of any investigation, hearing, and/or appeal, absent extenuating circumstances. The College’s investigation of allegations of sex discrimination, sexual harassment and/or sexual violence will ordinarily be completed within 30 days of the College’s first receiving notice of the complaint, absent extenuating circumstances. If a party has a need to extend one of these time lines, he or she should contact the designee who is administering the investigation and/or hearing process, and provide a written request for an extension that includes reference to the duration of the proposed extension and the basis for the request. The responsible person will decide whether or not to grant the request or provide a shorter extension, and will inform the other party of that decision.

Discrimination and Harassment Policies and Procedures

Champlain College is committed to providing its staff, faculty and students the opportunity to pursue excellence in their academic and professional endeavors. This opportunity can exist only when each member of our community is assured an atmosphere of mutual respect, free from unlawful discrimination and harassment. This policy outlines expectations regarding how individuals who are members of and visitors to the Champlain College community are to treat others in order to ensure such an atmosphere of mutual respect and a safe environment for our students, faculty and staff.

The Discrimination, Haras sment and Hazing Prevention Policy and Complaint Procedure applies to all administrators, employees, admission or employment applicants, students, members of the Board of Trustees, agents of the College and volunteers involved in College-related activities. The policy also applies to those who do business with the College in their interactions with members of the College community, and to other visitors.

Definitions related to Discrimination, Harassment and Hazing Prevention Policy

Harassment constitutes a form of discrimination and is defined as verbal or physical conduct or communications directed at, or made because of, an individual’s race, creed, color, national origin, place of birth, ancestry, religion, age, sexual orientation, sex, gender identity, marital or civil union status, veteran or military service status, HIV-positive status or qualified disability, or on the basis of any other status protected by law, which has the purpose or effect of substantially interfering with the individual’s employment or educational performance, or creating an intimidating, hostile or offensive environment.

Examples of Harassment: Examples of the kinds of conduct that may be harassment are unwelcome verbal, written or physical conduct, including, but not limited to:

• Pervasive Harassment: Threats of intimidation or contact that is not freely agreed upon by both parties; unwelcome touching, patting, pinching or leering; sexually graphic comments about a person’s body; sexual advances, stalking; persistent, offensive verbal abuses including propositions, insulting or degrading comments or behavior, jokes, slurs, mimicking, gestures, innuendoes, vulgar language; obscene posters, notes, graffiti or telephone or e-mail messages; or harassment in work assignments
• Threats that a person’s employment status, conditions of employment and/or promotional opportunities will be adversely affected if the person does not submit to sexual advances
• Teaching practices or communications that are demeaning, hostile or alienating based on or because of a protected characteristic (Note that although the College has a policy supporting academic freedom, behavior that focuses attention on discriminatory characteristics in a context that is irrelevant to the course constitutes a serious violation of the College’s harassment policy.)
• Communications in any form (including through emails, social media and other forms of electronic communication) that create an unlawful hostile environment because of or based upon the recipient’s membership in a protected category
• Inappropriate personal attention by an instructor or College official who is in a position to determine a student’s grade or otherwise affect the student’s academic performance or professional future.

Retaliation

The College prohibits retaliation against individuals who make complaints under the procedure outlined below, serve as witnesses or otherwise cooperate with investigations, regardless of whether Human Resources, Student Life or the Provost and Academic Affairs Office ultimately determines that the alleged conduct constituted unlawful discrimination, harassment or hazing. Any complainant or witness who believes he or she has been subjected to retaliatory behavior should report the conduct to Human Resources, Student Life or the Provost and Academic Affairs Office immediately. These authorities will determine whether an investigation is appropriate, and if it is, they will initiate an investigation and make findings under this procedure. Violations of this prohibition against retaliation will be treated as violations of the College’s policy against harassment and discrimination. Persons determined to have engaged in retaliatory conduct are subject to disciplinary action including, but not limited to, dismissal or termination.

Bias Incidents and Hate Crimes

Bias incidents and hate crimes are also considered unacceptable behaviors under this policy.

A Bias Incident: Is any conduct, speech or expression that demeans, degrades or harasses an individual or group based upon their membership in a protected category as recognized by law or Champlain College policy.

Hate Crime: As defined by Vermont law, are crimes in which the defendant’s conduct was maliciously motivated by the actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces, sexual orientation, gender identity, or qualified disability of another individual or group of individuals, or on the basis of any other status protected by law.

Other specific types of harassment might include, but are not limited to:

Disability Harassment: Verbal or physical conduct directed at the characteristics of an individual’s disabling condition, such as manner of speaking, manner of movement or necessary equipment.

Hazing: Any act committed by a person, whether individually or with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization which is affiliated with the College; and which is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating or demeaning the student or endangering the mental or physical health of a student.

National Origin Harassment: Verbal or physical conduct directed at an individual’s national origin, such as negative comments regarding surnames, manner of speaking and customs.

Racial Harassment: Verbal or physical conduct directed at an individual’s race, such as words emphasizing stereotypes, comments on manner of speaking and negative references to racial customs.

Religious Harassment: Verbal or physical conduct directed at an individual’s religion, such as derogatory comments regarding surnames, religious tradition and religious clothing.

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. Such conduct constitutes sexual harassment when:

a.        Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education,

b.        Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual, or

c.        The conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive employment, education or living environment.

Sexual Violence: Rape, sexual assault, sexual battery, and sexual coercion, all of which are forms of sexual harassment and sex-based discrimination prohibited by this policy. More detailed information regarding sexual violence-related issues is provided in the College’s Sexual Violence Reporting Procedures and Support Services section in this student handbook.

Sexual Orientation Harassment: Verbal or physical conduct directed at an individual’s sexual orientation, such as negative name-calling and imitation of mannerisms.

Age Harassment: Verbal or physical conduct or communications directed at an individual’s age, such as derogatory age-related comments and expression of negative stereotypes.

Veteran/Military Service Status Harassment: Verbal or physical conduct or communications directed at an individual’s veteran or military service status, such as pejorative references to same and negative comments regarding required service.

Gender Identity Harassment: Verbal or physical conduct or communications directed at an individual’s gender identity, such as negative name-calling and intentional misuse of gender-specific pronouns.

Policy

It is imperative that Champlain College provide a safe environment conducive to learning. Harassment, discrimination and/or hazing are unacceptable and will not be tolerated for any reason. In accordance with federal and state laws, the College affirms its commitment to providing equal opportunity in education and employment and will not tolerate discrimination or harassment on the basis of race, creed, color, national origin, place of birth, ancestry, religion, age, sexual orientation, sex, gender identity, marital or civil union status, veteran or military service status, HIV-positive status or qualified disability, or on the basis of any other status protected by law, or hazing, in the administration of or in connection with its educational and admission policies, scholarship and loan programs, employment practices, or athletic and other College-administered programs.

It is, therefore, the intent of the College to comply with the Vermont Fair Employment Practices Act of 1963, the Equal Pay Act of 1963, Titles VI and VII of the Civil Rights Act of 1964, the Vietnam Era Veterans Readjustment Act of 1970, Title IX of the Education Amendments of 1972, Section 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and other such federal, state and local nondiscrimination laws, as they apply.

Compliance with this policy is a term and condition of student enrollment and employment at the College. An individual who violates this policy may be subject to disciplinary action. Depending on the seriousness, sanctions for involvement in harassment, discrimination and/or hazing activities could include verbal or written reprimand; required participation in community projects; loss of privileges; suspension (with or without pay); probation; requirement to participate in counseling; or dismissal from housing, college or employment. The College will take steps to prevent recurrence of any unlawful harassment and to correct its discriminatory effects on the complainant and others, if appropriate.

The right to make a complaint is not limited to someone who is the direct target of the harassment. Anyone who has observed discrimination, harassment or hazing should report the alleged incident(s) to: the Assistant Vice President for Human Resources or the Director of the Office of Diversity and Inclusion (where the complaint is about the conduct of a staff member or a faculty member outside the classroom context); the Vice President for Student Life (where the complaint involves the conduct of a student); or the Provost and Academic Affairs Office (academic complaints.)

All College officials, such as Vice Presidents, directors, department chairs and individuals in management or supervisory positions, are obligated by law to report conduct that may be in violation of the College’s discrimination, harassment and hazing policy. Mental Health counselors in the Student Life Office, including counseling staff and case managers in the Single Parents Program, are the only individuals available to provide support and assistance on a confidential basis and will not release any information without the individual’s permission except in circumstances where they believe that the safety and welfare of those individuals or others may be at risk or as otherwise required by law. The College cannot, however, guarantee the confidentiality of information shared with anyone other than the College counselors and case managers in the Single Parents Program because of laws requiring that action be taken.

A copy of the Harassment, Discrimination and Hazing Prevention Policy and Complaint Procedure is provided to every employee and student through this Student Handbook and on the College’s internal and external Web sites. The College also provides appropriate training to the College community.

Any individual found to have engaged in discrimination, harassment or hazing as defined above will be considered in violation of this policy and shall be subject to appropriate disciplinary action. Any individual who believes he or she has been subjected to discrimination, harassment or hazing under this policy is entitled to pursue the Internal Harassment, Discrimination and Hazing Complaint Procedure and may also pursue remedies provided by federal and state law. A person who makes a complaint is called a complainant. There also are instances when the College may choose to follow up on a concern with an informal process or formal complaint without having received a formal or informal complaint from an individual (e.g., when a problem is identified by another member of the College community).

Complaint Procedure

The purpose of this complaint procedure is to provide a process for handling discrimination, harassment and hazing complaints. A lengthy period of time between an alleged occurrence and investigation may make fact-finding more difficult. Therefore, individuals are encouraged to file complaints as soon as possible.

Mandatory Reporting of Allegations of Discriminatory/Harassing/Hazing Behavior

College officials who become aware of conduct that they believe may violate the College’s policy against discrimination, harassment and hazing must report that conduct to Human Resources, the Office of Diversity and Inclusion, Student Services or the Provost and Academic Affairs Office. Examples of “College officials” are Deans, directors, supervisors and student services personnel with oversight responsibilities for students or employees.

Confidentiality of Investigation and Hearing

All proceedings against individuals relating to complaints of discrimination will be conducted confidentially by Human Resources/Student Services/Provost Office officials to the extent allowed by law. So as to complete required investigations, those individuals will share information only with persons who, in the sound judgment of such officials, have a legitimate need to know, or persons from whom information is needed to complete an investigation.

Filing a Discrimination, Harassment or Hazing Complaint

Any Champlain College student or employee who believes that the discrimination, harassment or hazing policy has been violated may file a complaint. Discrimination, harassment or hazing complaints regarding the conduct of students should be filed with the Office of Student Life: Vice President for Student Life, P.O. Box 670, Burlington, VT 05402, 802-651- 5907, Averill@champlain.edu.

Discrimination or harassment or hazing complaints against College faculty and staff by individual students or employees should be filed with the Office of Diversity and Inclusion or the Assistant Vice President for Human Resources at: P.O. Box 670, Burlington, VT 05402, (802) 651-5807 (voice), (802) 860-2744 (TDD).

Complaints of academic discrimination against faculty should be directed to the Provost, Provost and Academic Affairs Office, P.O. Box 670, Burlington, VT 05402, (802) 860-2729, abramson@champlain.edu.

If an allegation of discrimination, harassment or hazing involves alleged conduct by an individual identified above to accept complaints in the area at issue, the complainant should report his or her concerns to another of the individuals identified above. The College will then designate individuals to perform the investigation and other specified duties in an objective manner.

Confidential Complaints

There is no such thing as an “unofficial” complaint unless the individual shares the information only with one of the mental health counselors at the College or a case manager in the Single Parents Program. These professionals are bound by the ethics of confidentiality to not release information without permission, except in circumstances where the counselor believes that the safety and welfare of the individual or others may be at risk or as otherwise required or permitted by law.

Informal Resolution of a Complaint

Human Resources or the Office of Diversity and Inclusion may offer a person with a complaint of alleged discrimination or harassment use of an informal process for resolving the complaint prior to proceeding with the formal process. The informal process is designed to encourage an open atmosphere in which human relationships may be improved; it encourages people to resolve concerns and disputes without fear of reprisal; it enables the parties to settle disputes at the lowest possible level, quickly, fairly and impartially.

Informal resolution will not be offered or utilized in cases involving allegations of sexual violence or hazing.

In an informal resolution, no official findings of fact are made about the existence of discriminatory or harassing behavior. Rather, emphasis is placed on identifying the source of the problem(s) between the parties and exploring ways the complaint can be resolved. Human Resources will maintain a confidential record of the outcome of all informal resolution efforts.

Investigation Procedures

The Assistant Vice President for Human Resources (staff respondents), Vice President for Student Life (student respondents), the Provost (faculty respondents) or other appropriate personnel will interview the complainant. The complainant will then be asked to provide a signed and written statement, known as a complaint, describing the offending conduct in detail. The complaint will provide a record of what happened, including facts, dates, witnesses, actions, responses and any relevant correspondence.

The representative of the Human Resources, Student Life, or the Provost and Academic Affairs office next determines whether the situation described in the complaint arose in the course of a College program or activity. If so, the representative will also determine whether the complaint is directed against a College employee, student or department (or similar unit), or a third-party College affiliate. If both of the above situations exist, the College will formally launch an investigation into the matter. If it is determined that the situation did not arise in the course of a College program or activity and/or is not directed at an individual associated with the College as described above, the complainant may be referred to other agencies where appropriate.

Cases of student-to-student complaints referred to the Vice President for Student Life will be investigated by that office in accordance with the College’s Conduct Review Process, and will be resolved through that process. Therefore, in student-to-student cases, the procedures used in the Conduct Review Process, rather than those specified in this section, shall apply.

When a complaint is received, the person(s) being charged will be notified promptly that an investigation has begun and will be given ample opportunity to respond to the allegations surfaced during the investigation.

In non student to student cases, the Vice President of Finance and Administration and the Provost will assign two individuals to investigate a complaint. Any individual making a complaint or responding to a complaint may contact the Office of Diversity and Inclusion with questions or for general support in the process.

The investigator(s) will meet privately and separately with the complainant, the person(s) being charged with discrimination, and any witnesses to the alleged incident(s) and maintain a written report of the interviews and investigation. Any person being interviewed may elect to have an advocate present at these meetings.

All complaints will be promptly investigated. Reasonable attempts will be made to complete the complaint investigation procedures within 30 days from the date of the filing of a complaint; however, the College reserves the right to extend the time for completion of its investigation.

Any investigation will be conducted with sensitivity to all parties. Confidentiality will be maintained to the greatest extent possible within the requirements of conducting reasonable investigations. Only those individuals who have a legitimate need to know may be made aware of the identity of the parties. The College strictly forbids retaliation against anyone who has brought a complaint or participated in an investigation.

The investigators in non student to student complaints will issue a written report of their findings and conclusions to Human Resources. A representative from Human Resources will determine if the investigation is complete and will develop a recommendation for resolution based on the findings and conclusion of the investigators’ report. The incident will be reported, without identifiable details or names, to the Office of Diversity and Inclusion for data collection regarding the overall campus climate. In cases involving alleged discrimination or harassment on the basis of sex (including sex discrimination, sexual harassment and/or sexual violence), such a report will also be provided for such purposes to the Vice President for Student Life, who serves as the College’s Title IX Coordinator. In cases involving alleged discrimination or harassment on the basis of disability, such a report will also be provided for such purposes to the Vice President for Student Life (in student complainant cases) or the Assistant Vice President for Human Resources (in faculty/staff member complainant cases). Student to student complaints follow procedures used in the conduct review process.

In student-to-student complaints, a resolution will be reached in accordance with the College’s Conduct Review Process, as noted above. In all other cases, the proposed resolution will be forwarded to the vice president or Provost with responsibility for the department in which the complainant and the respondent(s) work for their review and final approval. The complainant and respondent(s) will be notified in writing of the results of the investigation and the College’s proposed resolution of the complaint, to the extent permitted by law. If a complaint is found valid, the offender may be subject to a range of disciplinary sanctions as outlined above, up to and including suspension, dismissal or, if applicable, termination of employment. If the charge is not substantiated, the case will be closed; no materials pertaining to the complaint will be placed in the personnel or student file in such an instance.

The complainant and respondent will receive a written summary of the investigation and the conclusions of the investigation. This summary will not include disciplinary actions taken or details of the investigatory report.

The individual being charged may invoke the appropriate grievance procedure in response to the action taken on the findings of the complaint.

Retaliation

Human Resources, Student Life and the Provost and Academic Affairs Office will inform all parties that the College prohibits retaliation against individuals who make complaints per this procedure, serve as witnesses or otherwise cooperate with investigations, regardless of whether Human Resources, Student Life or the Provost and Academic Affairs Office ultimately determines that the alleged conduct constituted unlawful discrimination, harassment or hazing. Any complainant or witness who believes he or she has been subjected to retaliatory behavior should report the conduct to Human Resources, Student Life or the Provost and Academic Affairs Office immediately. These authorities will determine whether an investigation is appropriate, and if it is, they will initiate an investigation and make findings under this procedure. Persons determined to have engaged in retaliatory conduct are subject to disciplinary action including, but not limited to, dismissal or termination.

In addition, Champlain College affiliates should be aware that federal civil rights laws make it unlawful for the school to retaliate against an individual for bringing possible civil rights violations to their attention. This includes intimidating, threatening, coercing, or in any way discriminating against an individual because he/she complained or participated in an investigation.

False Reports

If, at any point during the process, the investigator determines that a complainant or witness has knowingly lied or deliberately provided false information to the investigator(s), human resources or student services may recommend that disciplinary action be taken against that person. Action may include dismissal, and such persons may also be subject to independent legal action by persons wrongfully accused of misconduct. A complainant whose allegations are truthful, but not found to constitute unlawful discrimination, harassment or hazing, has not provided false information within the meaning of this policy and procedure.

Protective Measures

Sometimes it is necessary to take steps before or during an investigation to protect the rights and interests of the complainant or respondent. Such measures may be designed to reduce or eliminate contact between the complainant and the respondent so that both parties may feel safe in their work/education environment. Protective measures may also guard against further actual or perceived discrimination, harassment, hazing or retaliation. Protective measures may include temporary changes in working conditions (such as changes to supervisor or office location), directives to the complainant and respondent to avoid personal contact or refrain from such contact without a neutral third person present, or, in severe cases, suspension of an individual.

Special Provisions Related to Complaints of Sex Discrimination, Sexual Harassment or Sexual Violence -

Gender-based discrimination and harassment, sexual harassment and sexual violence are prohibited by a federal law known as Title IX. The College’s Vice President for Student Life serves as the College’s Title IX Coordinator. In that role, the Title IX Coordinator has oversight responsibility for Title IX-related complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. Inquiries concerning the application of Title IX may be referred to the Title IX Coordinator, or to the U.S. Department of Education’s Office for Civil Rights (“OCR”). The Vice President for Student Life’s contact information is: Leslie Averill, Division of Student Life, (802) 651-5907, averill@champlain.edu. OCR’s contact information is: United States Department of Education, Office for Civil Rights, 33 Arch Street, Suite 900, Boston, MA 02110-1491, (617) 289-0111 (voice).

The following procedural features apply to cases that involve allegations of sex discrimination, sexual harassment and/or sexual violence, notwithstanding any other provisions in this policy to the contrary.

Throughout the College’s investigation and any hearings, the complainant and the respondent will have an equal opportunity to present relevant witnesses and other evidence, they will be afforded similar and timely access to any information that will be used at any hearing, they will be allowed a similar opportunity to present character witnesses (but only if either party is allowed to do so), and each party will have a similar opportunity to review statements provided by the other party. If any hearings are held, direct cross-examination of the complainant by the respondent will not be allowed. To the extent that appeal or grievance opportunities are provided through College processes, those opportunities will be provided equally to each party.

Both parties will be notified of the outcome of any investigation, hearing, appeal and/or related grievance, to the extent permitted by law; usually, this will occur within 14 days of the conclusion of any investigation, hearing, and/or appeal, absent extenuating circumstances. The College’s investigation of allegations of sex discrimination, sexual harassment and/or sexual violence will ordinarily be completed within 30 days of the College’s first receiving notice of the complaint, absent extenuating circumstances. If a party has a need to extend one of these time lines, he or she should contact the designee who is administering the investigation and/or hearing process, and provide a written request for an extension that includes reference to the duration of the proposed extension and the basis for the request. The responsible person will decide whether or not to grant the request or provide a shorter extension, and will inform the other party of that decision

Official Internal and External Contacts Concerning the Discrimination Harassment, and Hazing Policy

Individual students should contact the Student Life Office at (802) 651-5907 or the Office of Diversity and Inclusion at (802) 860-2784 with any questions or for support.

All inquiries concerning compliance with disability laws regulations or auxiliary aids or services that students with disabilities would like to request in connection with participation in Champlain College programs should be directed to Skip Harris, the 504 coordinator at (802) 651-5961 or sharris@champlain.edu (or designee) for student-related matters. Employee requests for same should be directed to the Assistant Vice President of Human Resources.

Employees may contact:
Vermont Attorney General’s Office, Civil Rights Unit
109 State Street
Montpelier, VT 05609-1001 (802) 828-3171 (voice and TDD)

Equal Employment Opportunity Commission
John F. Kennedy Federal Office Building
475 Government Center
Boston, MA 02203
(800) 669-4000 (voice), (800) 669-6820 (TDD)
www.eeoc.gov

Students may contact:
United States Department of Education, Office for Civil Rights
33 Arch Street, Suite 900
Boston, MA 02110-1491 (617) 289-0111 (voice)

Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
(802) 828-2480 (voice/TDD), (800) 416-2010 (voice)

Bias Incident Protocol

Every community member should be aware of Champlain College’s collective commitment to maintaining a safe and welcoming environment. This goal may be achieved through adherence to and enforcement of the College’s nondiscrimination and harassment policies, as well as periodic public reports on the outcomes of reported acts of perceived hate or bias. This bias response protocol provides an organized response to perceived bias incidents or hate crimes when they occur on the Champlain College campus, or when an incident occurs off-campus that adversely affects the College community or the pursuit of its objectives.

Bias Incident: Any conduct, speech, or expression that demeans, degrades or harasses an individual or group based upon their membership in a protected category as recognized by law or Champlain College policy. Examples: anonymous acts of bias-related vandalism to public posters, targeted vandalism on a student’s door directed at his or her protected status, slurs directed at a group or individual (whether in person or electronically), and unlawful harassment that interferes with a person’s educational experience or employment.

Hate Crime: As defined by Vermont law, a crime in which the perpetrator’s conduct is maliciously motivated by the actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces, sexual orientation, gender identity or disability of another individual or group of individuals.

How to Report a Bias Incident or Hate Crime

If anyone is injured or in danger, call 911. Notify the Office of Campus Public Safety at (802) 865-6465 (or by dialing 3333 from any campus telephone). If no one is injured or in danger, contact the Office of Campus Public Safety at (802) 865-6465.

Students making a report should contact one of the following:

Student Life Complaints – Vice President for Student Life at (802) 651-5907
Academic Complaints – Provost & Academic Affairs Office at (802) 860-2729
Residential Life – Director of Residential Life at (802) 860-2702
Residential Life Assistant Director or Area Coordinator on call – (802) 860-2702
Office of Diversity and Inclusion – (802) 860-2784

To report a bias incident electronically, go to: www.champlain.edu/diversity

NOTE:

• Preserve all physical evidence for the Office of Campus Public Safety.
• If the incident occurred in a residence hall, contact the resident assistant or the Assistant Director or Area Coordinator on call at (802) 343-0719, who will then contact the Office of Campus Public Safety.

Mandatory Reporting of Allegations of Discrimination, Bias Incidents and Hate Crimes

College officials who become aware of conduct that they believe is a bias incident or a hate crime, or conduct that may violate the College’s nondiscrimination, harassment and hazing prevention policies (Human Resources policy No. 103 and/or the discrimination and harassment policy and complaint procedure in the Student Handbook), must report that conduct. Personal counselors in the Student Resource Center, including counseling staff and case managers in the Single Parents Program, are the only individuals available to provide support and assistance on a confidential basis, and they will not release any information without the individual’s permission, except in circumstances where they believe that the safety and welfare of the individuals or others may be at risk or as otherwise required by law. Examples of “College officials” include Deans, directors, supervisors and student services personnel with oversight responsibilities for students or employees.

Grievance Procedure Regarding Accommodation Services

Students with grievances related to an accommodation determination, procedures for accommodations, or provision of accommodations are encouraged to resolve the complaint with the Counseling Center and Disability Services (802-651-5961) whenever possible. If the student’s grievance is directly related to the actions of the Counseling Center and Accommodation Service, they may immediately file a grievance with the Vice President for Student Life for student-related matters 802-651-5907, averill@champlain.edu.

To file a grievance, the student must notify the Vice President for Student Life in writing of the complaint. The notice should state the nature and details of the complaint, the names of other witnesses or participants, and the remedy the student seeks. The request must be signed by the student and filed within 30 days of the alleged violation.

Once a complaint is filed, the Vice President for Student Life will convene a committee to hear the case. The committee, by majority vote, will determine whether or not a violation occurred. If the committee determines a violation has occurred, the committee shall recommend an appropriate remedy for the situation. The Vice President for Student Life will decide whether to accept, reject, or modify the recommendation of the committee, and will take action in accordance with his or her determination.

If the student is not satisfied with the decision of the Vice President for Student Life, the student may file an appeal. Any such appeal should be in writing, and should be submitted within 10 working days of the Vice President for Student Life’s decision. This time period can be extended in extenuating circumstances. The decision of the appeal process is final.

Students also have the right to register a complaint with the Office of Civil Rights. The Office of Civil Rights may be contacted at the following address:

U.S. Dept of Education
Office of Civil Rights
POCH 222
Boston, MA 02109

Students may also register a complaint with the Vermont Human Rights Commission, at the following address:

Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
(802) 828-2480 (voice/TDD), (800) 416-2010 (voice)

If a student feels that any action has been directed against him or her because of a disability or perception of a disability by College faculty or staff, or another student, the student may contact the Office of Diversity and Inclusion (802-860-2784) and/or initiate a complaint under the College’s harassment, discrimination and hazing policy and complaint procedure (see Discrimination, Harassment and Hazing Prevention Policy).

Complaints to Agencies Outside of the College

The College has formal and informal dispute resolution mechanisms that are described in this handbook, and that are available to students on the terms described in the handbook. In addition, if you wish to file a complaint with the College’s accreditor (the New England Association of Schools and Colleges), with the Vermont Department of Education, with the Vermont Human Rights Commission, and/or with the Vermont Attorney General’s Office, the contact information for each entity is, respectively, as follows:

• New England Association of Schools and Colleges, 209 Burlington Rd, Suite 201, Bedford, MA 01730-1433. Phone: (781) 271-0022; Fax: (781) 271-0950. Web: www.neasc.org .
• Vermont Department of Education, 120 State Street - Montpelier, VT 05620-2501. Phone: (802) 828-3135. Web: www.education.vermont.gov
• Vermont Human Rights Commission, 14-16 Baldwin Street, Montpelier, VT 05633-6301. Phone: (800) 416-2010, x25; Fax: (802) 828-2481; (877) 294-9200 (TTY). Web: http://hrc.vermont.gov .
• Vermont Attorney General’s Office, 109 State Street, Montpelier, VT 05609-1001. Phone: (802) 828-3171 (802) 828-3665 (TTY). Web: http://www.atg.state.vt.us .

A statement from the Vermont Department of Education about resolution of complaints regarding postsecondary education-related matters is available at: http://education.vermont.gov/documents/EDU-Complaint_Resolution_Statement_for_Postsecondary_Education_Matters.pdf

Drug and Alcohol Policy

Champlain College strives to create an academically-focused learning community that promotes the health and safety of all students. Additionally, the College fully supports federal, state and local laws pertaining to drugs and alcohol. The College therefore prohibits student manufacture, distribution, dispensation, possession and use of alcohol, controlled substances, drug paraphernalia or legal substances with psychoactive compounds in all College-operated properties. No student, regardless of age, is permitted to possess, consume, manufacture or distribute alcohol. Champlain College prohibits the consumption, possession and distribution of alcohol in all College-operated properties and at off-campus College-sponsored events, except at special non-student functions or when authorized by a specific College official. Students studying abroad are required to abide by all local laws and by the policies of the host campus. Students residing in off-campus apartments are required to abide by all local, state and federal laws pertaining to alcohol and drugs. Champlain College will respond to reports of off- campus behavior from community members and local law enforcement.

Consistent with the mission of the College, the primary purpose of Champlain College’s drug and alcohol policy is informational and educational. The College is committed to increasing student awareness and knowledge of the issues surrounding drug and alcohol use and abuse, particularly those issues involving health and well-being. Toward this end, the College sponsors educational programs on campus and provides training opportunities for students. Materials regarding the health effects of alcohol and other drugs may be obtained through the counselors or Health Services. Counselors are available to speak to students who are concerned about their alcohol or drug use. These students may refer themselves to counselors or may be referred to counselors by any member of the College community. All counseling sessions are confidential. Counselors will work with students to assess each individual’s substance use and refer them to appropriate agencies and rehabilitation programs as needed. In addition, counselors may facilitate support groups focusing on any issues related to drug and alcohol use. Faculty, staff and students should intervene as appropriate when observing violations of the Alcohol and Drug Policy. In addition, Residential Life staff responds in any residential area, including student rooms, when there is suspicion of violations of the Alcohol and Drug Policy or when behavior infringes on the rights of others or may affect the health and safety of members of the community. Behaviors inconsistent with this policy will be documented and will result in follow-up through the student conduct process.

Definitions

• Alcohol: any beverage containing not less than 0.5% alcohol by weight
• Common Source of Alcohol: 12-pack or more of beer, 1 bottle of wine or liquor
• Common Source of Marijuana: any amount constituting more than one-time use
• Illicit drug: controlled substances and analogs as defined by federal and state law. This includes legal substances with psychoactive properties
• Possession: determined by control over a substance or object with or without regard to ownership
• Property: any space or facility owned, leased or controlled by Champlain College

Alcohol

Consistent with the College’s goal of providing a safe and healthy campus community, the following behaviors are prohibited:

• Possessing and/or consuming alcohol at Champlain College, even if the student is 21 years of age or older. If under the age of 21, the possession or consumption of alcohol is prohibited by Vermont state law. Selling or furnishing alcohol to a minor is a crime in the State of Vermont and students may be reported to the appropriate authorities. College staff may request that students open refrigerators or other potential storage areas in situations where evidence suggests they are in possession of alcohol. It is the expectation of the College that students will comply with this request.
• Demonstrating visible intoxication anywhere on campus or at College- sponsored events. In extreme cases of intoxication, the College has the right to request transport, via the local police department, to ACT 1, Fletcher Allen Hospital or any other location deemed appropriate for purposes of detoxifying the student.
• Being present in a room with alcohol or drugs. This may lead to judicial sanctions. College staff cannot always determine those using alcohol or drugs at a particular event; therefore, all those present will be documented on an incident report.
• Creating, offering or engaging in drinking games/activities and other behaviors designed for the purpose of becoming intoxicated through the abusive use of alcohol.
• Possessing a “common source” of alcohol. Possessing this quantity of alcohol indicates intent to distribute and share it among peers. Having a common source of alcohol is deemed a serious offense by Champlain College.
• Possessing empty boxes, bottles, cans, caps, labels, etc., of beer, wine or liquor, either as garbage, as decoration or for any other purpose.
• Displaying posters or decorations advertising or promoting alcohol in public areas, including hallways, door exteriors, windows, lounges, etc.

Drugs

Consistent with the College’s goal of providing a safe and healthy campus, the following behaviors are prohibited:

• Sale, use, distribution or possession of any controlled substance, including psychoactive or illicit drugs. Controlled substances include, but are not limited to, marijuana, prescription drugs intended for recreational use, cocaine, heroin, opium, mescaline, Ecstasy, hallucinogenic mushrooms and acid/LSD. The College prohibits the use or possession of legal substances with psychoactive properties. A College staff member may refer individuals in violation of this policy to a law enforcement agency. All drugs will be confiscated and may be destroyed.
• Possessing a “common source” of marijuana. A common source of marijuana is an amount that implies intent to distribute or share.
• Possessing prescription medication without appropriate prescription or packaging.
• Possessing drug paraphernalia. This includes equipment that can be used for legal or illegal substances. All paraphernalia will be confiscated and may be destroyed.
• Residual evidence of drug use is prohibited. This includes the smell of marijuana, stems and seeds.
• Being present in a room with alcohol or drugs may lead to judicial sanctions. College staff cannot always determine those using alcohol or drugs at a particular event; therefore, all those present will be documented on an incident report.
• Displaying of posters or decorations indicating drug use in public areas, including hallways, door exteriors, windows, lounges, etc.
• The smoking of cigarettes inside any College building or parking garage. Ashtrays with cigarette butts and ashes imply that cigarettes were smoked in the room, and the student’s use will be documented.

Health Affects of Other Drugs -

Alcohol

The excessive use of alcohol poses significant health risks to individuals, including addiction, permanent injury and death. According to the National Institute on Alcohol Abuse and Alcoholism, alcohol use is the chief contributor to the leading causes of death each year for people under age 21, including:

• Death: 1,825 college students between the ages of 18 and 24 die each year from alcohol-related unintentional injuries, including motor vehicle crashes (Hingson et al., 2009).
• Injury: 599,000 students between the ages of 18 and 24 are unintentionally injured under the influence of alcohol (Hingson et al., 2009).
• Assault: More than 696,000 students between the ages of 18 and 24 are assaulted by another student who has been drinking (Hingson et al., 2009).
• Academic Problems: About 25 percent of college students report negative academic consequences of their drinking, including missing class, falling behind, doing poorly on exams or papers, and receiving lower grades overall (Engs et al., 1996; Presley et al., 1996a, 1996b; Wechsler et al., 2002).
• Health Problems/Suicide Attempts: More than 150,000 students develop an alcohol-related health problem (Hingson et al., 2002), and between 1.2 and 1.5 percent of students indicate that they tried to commit suicide within the past year due to drinking or drug use (Presley et al., 1998).
• Property Damage: More than 25 percent of administrators from schools with with high drinking levels say their campuses have a “moderate” or “major” problem with alcohol-related property damage (Wechsler et al., 1995).
• Police Involvement: About 5 percent of four-year college students are involved with the police or campus security as a result of their drinking (Wechsler et al., 2002), and an estimated 110,000 students between the ages of 18 and 24 are arrested for an alcohol-related violation such as public drunkenness or driving under the influence.

Alcohol is a depressant that slows down the central nervous system and:

• Slows reactions and impairs coordination (contributes to auto accidents)
• Impairs judgment
• Causes confusion and memory loss
• Increases the risk of hypothermia

In addition:

• Use during pregnancy can cause brain damage to the fetus
• Alcohol is frequently used to facilitate sexual assault
• Overdosing on alcohol (alcohol poisoning) or using alcohol with other drugs can cause coma or death from respiratory arrest

Signs of Alcohol Poisoning: Someone experiencing alcohol poisoning may show these signs: can’t stand up, is nonresponsive, has clammy skin, will not wake up, or has purplish skin. If you witness any of these symptoms, call 911 and Campus Public Safety at (802) 865-6465 (3333 from a campus phone).

Do Not Let Friends “Sleep it Off.” Blood alcohol level continues to rise even when someone is asleep, which puts your friend at risk.

Illicit Drugs

Marijuana, the most commonly abused drug in the United States (National Institute of Drug Abuse data, http://www.drugabuse.gov/infofacts/marijuana.html), is a drug with the active ingredient of tetrahydrocannabinol (THC). THC acts upon specific sites in the brain and can impair judgment, short-term memory and coordination, and may increase the risk of developing cancer. Long-term use can lead to addiction and can have negative effects on the heart, lungs and activities of daily living. Additionally, marijuana use can increase anxiety, heart rate, and likelihood of panic attacks. When combined with alcohol, marijuana can contribute to alcohol poisoning.

Synthetic marijuana is a psychoactive herbal and chemical product that, when consumed, allegedly mimics the effects of cannabis. It is best known by the brand names K2 and Spice. Though its effects are not well-documented, extremely large doses may cause negative effects that are in general not noted in cannabis users, such as increased agitation and vomiting. Synthetic marijuana is associated with acute psychosis, worsening of previously stable psychotic disorders, and also may have the ability to trigger a chronic (long-term) psychotic disorder among vulnerable individuals such as those with a family history of mental illness.

Cocaine is a highly addictive, powerful central nervous system stimulant. Persons using cocaine can be restless, irritable, depressed, anxious or paranoid. Effects include constricted blood vessels, increased heart rate and increased blood pressure, which can cause heart attack, respiratory failure, stroke or seizure. Repeat cocaine users report the drug does not provide the positive effects they first felt, so they use more of the drug more often to get those effects. Using more increases negative consequences.

Heroin is a highly addictive depressant; it impairs coordination and causes extreme sedation. Acute symptoms of withdrawal are flulike symptoms, including nausea, diarrhea and muscle cramps. Overdoses can cause slow, shallow breathing; convulsions; coma; and death.

Methamphetamine (Meth) is an addictive stimulant that strongly activates certain systems in the brain. Methamphetamine can be taken orally, injected, snorted, or smoked. Chronic use can cause paranoia, hallucinations, repetitive behavior and delusions of parasites or insects crawling under the skin. Long-term use, high dosages, or both can bring on full-blown toxic psychosis (often exhibited as violent, aggressive behavior). This violent, aggressive behavior is usually coupled with extreme paranoia. Methamphetamine use can also cause strokes and death.

Club Drugs/Hallucinogens

Club drug is a term that refers to a variety of drugs including MDMA (Ecstasy), GHB, Rohypnol, ketamine and LSD. Because these drugs can be contaminated by any number of additives and are manufactured in different ways, it can be difficult to predict with certainty all consequences and toxic levels of the drug.

Ecstasy (MDMA) is a stimulant with a hallucinogen. Research has shown that Ecstasy use causes long-term brain damage. The effects are varied and include dehydration. Due to rapid increases in body temperature, blood pressure and heart rate, ecstasy users can die from dehydration.

Ketamine is a dissociative anesthetic with a similar chemical structure and mechanism of action to those of PCP. Ketamine impairs attention, learning ability and memory.

LSD is a hallucinogen that can have unpredictable effects. Some users have symptoms similar to schizophrenia or depression that persist after they use LSD. Without using the drug again, some users have “flashbacks” and relive experiences that occurred while using LSD.

MDPV (Bath Salts) is a psychoactive drug with stimulant properties. MDPV has been reported to produce effects similar to cocaine and amphetamines. Physiological and psychological effects include high blood pressure, insomnia, kidney pain, breathing difficulty, severe paranoia, extreme anxiety, suicidal thoughts/actions, and agitation. Incidents of extreme physical violence have been attributed to MDPV use.

Prescriptions and Over-the-counter Drugs

Painkillers (e.g., codeine, OxyContin, Percocet and Vicodin): These are opioids, or narcotics. Taking a large single dose of prescription pain relievers can cause nausea, sedation, dizziness, vomiting, headache or severe respiratory depression that can lead to death. Use of prescription pain relievers with other substances that depress the central nervous system, such as alcohol, antihistamines, barbiturates, benzodiazepines, or general anesthetics, increases the risk of life- threatening respiratory depression.

Sedatives and Tranquilizers (e.g., Quaaludes, Xanax, Valium, benzodiazepines): Prescription medications that act as central nervous system depressants.

Barbiturates are prescription sedatives or “sleeping pills” and benzodiazepines are prescription “tranquilizers” which cause impairment of memory, judgment and coordination; irritability; paranoia and suicidal ideation. Some people experience a paradoxical reaction to these drugs and can become agitated or aggressive. Using prescription sedatives and tranquilizers with other substances—particularly alcohol—can slow breathing, or slow both the heart and respiration, and possibly lead to death.

Stimulants (e.g., Adderall, Dexedrine, Ritalin): A class of drugs that enhance brain activity. Taking high doses of some stimulants repeatedly over a short time can lead to feelings of hostility or paranoia. Additionally, taking high doses of a stimulant may result in dangerously high body temperatures and an irregular heartbeat. There is also the potential for cardiovascular failure (heart attack) or lethal seizures.

Immunization Policy

Vermont state law requires that all full-time and part-time students born after 1956 who are enrolled in post-secondary schools are required to have all of the following immunizations. Proof of these immunizations must be kept on file in the Health Services Office.

• Tdap or Ts (1Tdap/Td booster within the last 10 years)
• MMR (2 doses or positive titers, minimum of four weeks between doses, first dose give after 1st birthday)
• Meningococcal (One dose for the students living in campus-based housing)
• Varicella (2 doses of varicella vaccine OR history of disease OR positive titer; minimum of 4 weeks between doses if age 13 or older, 12 weeks for under age 13)
• Hepatitis B (3 doses or positive titer; minimum of 4 weeks between doses 1 and 2, minimum of 8 weeks between doses 2 and 3. The 3rd dose must be 16 weeks from the 1st dose.)
• Tuberculosis Test/PPD within one year of admission (Mandatory for all Radiography majors)

Failure to provide proof of these immunizations will result in students being unable to register for classes, and residential students will not be assigned a room.

Intellectual Property Policy

Preamble.       

Evolving policy, legislation and case law have, over the years, caused uncertainty in the area of the ownership of intellectual property in college and university settings. In addition, the interest in emerging technologies, electronic learning and college partnerships with, and sponsorships from, the private business sector have highlighted the need for Champlain College to update and clarify its policies regarding the ownership and use of intellectual property.

Champlain College recognizes the long standing academic freedom exception to college ownership of traditional faculty produced academic materials. The College adopts this policy to clarify the extent of the preservation of this exception and in the spirit of fairness between the faculty and the College in a new and changing academic environment.

Scope of Policy.         

Acceptance of this policy is a condition of employment, continued employment, employment renewal or student enrollment at Champlain College. This policy applies to faculty, staff and other College employees, and students of the College. As this policy is designed to clarify and publish current College practices regarding intellectual property, this policy shall also apply to all current faculty, staff and other College employees, and students.  Faculty shall include all faculty, adjuncts, visiting professors and faculty hired to teach a specific course, including summer and evening sessions and distance learning. Staff and other employees shall include all other persons employed by the College who are not faculty. Students who are also employed by the College shall be considered other employees  for purposes of this policy. Students shall include all full or part-time graduate or undergraduate students, regardless of whether the student receives financial aid from the College. The terms of this policy shall survive the termination of employment of any employee of Champlain College, and the termination or graduation of any student of the College.

Copyright.      

By way of background, U.S. copyright law generally provides that initial ownership of copyright vests with the author of the work. The “Work for Hire” doctrine codified in the federal Copyright Act provides that in the case of works prepared by employees within the scope of the employee’s employment, the employer is presumed the author of the work and owns all rights in the copyright unless the parties have agreed otherwise in writing. There is no exception under this Work for Hire doctrine for faculty produced academic course materials and scholarly articles. Champlain College wishes to retain the long standing common law tradition of the “academic exception” to the Work for Hire doctrine for traditional works as set forth below.

A.        Traditional Works.      Except as otherwise stated in this Intellectual Property Policy, Champlain College adopts as policy the long standing tradition that faculty and students own the copyright to their pedagogical, scholarly, or creative works, and recognizes this policy as an exception to the Work for Hire doctrine.  This exception applies to traditional literary works developed from scholarly activities such as books, articles, plays and poetry, and also includes syllabi, lecture notes, tests, online tutorials, and other pedagogical works, regardless of medium, and regardless of whether this information is posted on the Champlain College web site,, and even though these works may have been created within a faculty member’s scope of employment. To the extent that copyright ownership in these Traditional Works does not automatically vest with the individual faculty member/author of the work, Champlain College hereby transfers and assigns to such faculty member/author all rights, title and interest in the work.

B.        Non-Traditional Works and Exceptions.   All other works, including but not limited to, materials created for “Master Classes,” “Master Modules,” online courseware for distance learning classes, and works which the College declares itself as the internal sponsor of the work, shall not be considered Traditional Works within the academic exception. These works are generally created jointly with the College, and/or with significant investment by the College.  They shall be considered Works for Hire regardless of the amount of College resources actually expended, and Champlain College shall therefore be the author of copyrightable works falling under this category and shall own the copyright in these materials and all of the rights appurtenant to such ownership. A non-exclusive, perpetual, royalty free license is hereby granted to faculty members who create syllabi, lecture notes, tests and other similar Traditional Works used as content delivered under or within the framework of the Master Classes, Master Modules, and/or distance learning programs, allowing the faculty member to use such materials, update and alter them, and make derivative works from them, in their scholarly endeavors at Champlain College or elsewhere.

Programs financed by government grants or governed by contracts with outside parties or sponsors often require the College to agree to certain provisions governing copyright ownership. Some programs require that the copyrights and other intellectual property generated under the funded or sponsored project be donated to the public domain, licensed without conditions or otherwise handled in the interest of the public good. In any event, the College must have full authority to negotiate, enter into and deliver such contracts, including provisions governing copyright ownership. As such, it is the policy of Champlain College that the College shall own the copyright, and retain an irrevocable right to assign the copyright, to all works created pursuant to or otherwise arising under programs or projects financed by government grants or governed by contracts with outside parties or sponsors and the College faculty, staff, other employees and students whose activities are covered by such agreement, in the sole determination of the College, shall do all things necessary to enable the College to fulfill its contractual obligations. In this instance, the College shall notify each dean or project director of the obligations with respect to copyright relating to his or her particular activities, however the failure of the College to so notify shall not relieve the faculty, staff, other employees or students of their obligations in this regard. It is the intention of Champlain College to attain from government or other third party sponsors the right of student or faculty attribution for such works. In the case of web sites created by faculty and students for third parties, it is generally the intention of Champlain College to transfer ownership of the copyright in the web site and the materials contained therein to the third party while retaining the right of attribution in the faculty, students and the College.

C.        Computer Software.  Copyright in computer software (which term shall include user manuals and other accompanying explanatory materials and related computerized databases) created by an individual member of the faculty or a student for their scholarly activities will generally reside with the author under the academic exception mentioned above. However, copyright in computer software created by faculty, staff, other employees or students shall reside with the College in the following circumstances:

(i)                 When the computer software has been developed for use by the College; or pursuant to an agreement between the College and an outside party or sponsor in which case copyright ownership shall be governed in accordance with the terms of the agreement;

(ii)               When development has been a joint or team effort such that the identity of the project resides with the College and not with particular individuals;

(iii)             When there has been substantial or special use of College resources, or resources specifically earmarked for the computer software development, or the assistance of College personnel including students; and

(iv)             When Champlain College declares prior to the creation of the computer software that it is the internal sponsor of the work because the identity of the project is expected to reside with the College, or substantial College resources are expected to be used or are earmarked for the project, or the ownership of the copyright in the computer software is otherwise in the best interests of the College or in furtherance of the College’s mission.

Champlain College shall determine in its sole discretion whether a work falls under subparagraphs (i)-(iv) above, with the understanding that the use of College resources or personnel commonly available to all faculty, staff, other employees and students, such as libraries, offices, staff or secretarial support, and office equipment shall not constitute substantial or special use of College resources. Such determinations shall be binding upon all persons covered by this policy.

Faculty who intend to create computer software should reach agreement with the College’s Senior Vice President for Finance & Administration in writing on copyright ownership prior to the creation of the software.

When copyright in computer software resides with the College, the College may choose to assign the copyright to the faculty member or student involved in the creation and the College, as a condition of such assignment, may retain rights in the copyright, including the right to receive royalty or other income payments. If no assignment occurs, the faculty or students involved in the creation of the computer software (as reasonably determined by the College) are hereby granted a non-exclusive, perpetual, non-transferable, royalty free license to use the software for scholarly purposes at Champlain College or elsewhere.

Patents. 

The owner of the copyright to a work pursuant to this policy shall have the exclusive right to apply for, pursue, register and own one or more patents on or related to such work, including computer software that is also patentable. All faculty, staff, other employees and students agree to execute such documents or render such assistance, and take such other actions as the College may reasonably request, at the College’s expense, to apply for, register, perfect, confirm or protect the College’s right to pursue this intellectual property; and the College similarly agrees to execute such documents or render such assistance, and take such other actions as the individual faculty member, staff, or student may reasonably request, at such individual’s expense, to apply for, register, perfect, confirm or protect such individual’s right to pursue this intellectual property.

Use of Consultants and Independent Contractors. 

Under copyright law, copyright ownership of works created by outside consultants and independent contractors generally resides with the outside consultant or contractor, and not with the College or the person hiring the outside party. As such, College personnel hiring outside consultants and independent contractors (keeping in mind that in many instances students may also be considered independent contractors) shall observe the precaution of using a written agreement including the assignment of copyright and other intellectual property rights to the College.  Assistance in drafting this agreement, or in obtaining a form agreement, is available from the Office of Finance & Administration

Prosecution of Infringements.           

The copyright owner shall have the right to prosecute infringements. In the event that the College is not the owner, the owner fails to prosecute an infringement upon the demand of the College, and the College is receiving income from the copyright or shall otherwise benefit from prosecution, the College shall have the right to prosecute the infringement and receive any resulting awards or settlements.

Use of Copyrighted Material by Faculty, Staff and Other College Employees, and Students of the College.           

Champlain College, as an educational institution that is both a consumer and producer of information, supports the College community’s responsible and good faith exercise of fair use of copyrighted materials in pursuit of the College’s educational mission. The College is committed to complying with laws protecting the rights of copyright holders, while recognizing that those rights are limited by fair use and other provisions of copyright law. The College provides information and resources to educate members of the College community about copyright law, the rights of copyright holders and the exercise of fair use. The faculty, staff and other College employees, the students of the College, and all members of the College community have an obligation to make informed and responsible decisions regarding their use of copyrighted materials and are obligated to comply with copyright law.

Effective Date and Amendment.      

This policy shall be effective as of July 1, 2010, and replaces the policy dated July 1, 2008. It may be reviewed periodically by the College and revised in the College’s discretion.

Noise Policy

Burlington’s Noise Control Ordinance

Sec. 21-13. Noise control ordinance.

a. Purpose. The purpose of this section is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this section to allow all residents of our city to peacefully coexist in a manner which is mutually respectful of the interests and rights of others.

b. Prohibited noise offenses:

1. General prohibition. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace or health of another or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance.

2. Express prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances:

a. Radios, television sets, musical instruments, phonographs and similar devices. The operation or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to be plainly audible through walls between units within the same building, from another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to unreasonably disturb the peace, quiet or comfort of the public.

b. Motor vehicle sound equipment. The operation or permitting the operation of any radio, stereo or other sound amplification equipment from a motor vehicle that is audible at twenty-five (25) feet from such vehicle. The term “motor vehicle” shall mean any car, truck or motorcycle.

c. Parties and other social events. Notwithstanding section (b) (1), it shall be unlawful for any person who is participating in a party or other social event to actively make unreasonably loud noise. A party or other social event is defined as a gathering upon the premises of one or more persons not residing at the premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or health of members of the public or is plainly audible between the hours of 10:00 p.m. and 7:00 a.m. through the walls between units within the same building, from another property or from the street. It shall also be unlawful for any resident of premises to allow a party or other social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable presumption that all residents of the premises have allowed such party or other social event to occur in or about the premises. All residents of the premises are responsible for such unreasonable noise made, each having joint and several liability.

d. Machinery. The operation or permitting or directing the operation of any power equipment or machinery outdoors between the hours of 9:00 p.m. and 7:00 a.m. except in emergency situations.

e. Construction noise. The excavation, demolition, erection, construction, alteration or repair of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m. except in emergency situations.

f. Loudspeakers. The use of loudspeakers or other sound amplification equipment upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or site.

c. Exemptions. Noise from the following sources shall be exempt from the prohibitions specified herein:

1. All safety signals and warning devices or any other device used to alert persons to any emergency or used during the conduct of emergency work, including, but not limited to, police, fire and rescue vehicle sirens.

2. The repair and maintenance of municipal facilities, services or public utilities when such work must be accomplished outside daytime hours.

3. Snow removal equipment operated within the manufacturer’s specifications and in proper operating condition.

4. Musical, recreational and athletic events conducted by and on the site of a school or educational institution.

5. Events and activities conducted by or permitted by the city. Persons operating an event or activity under authority of an entertainment permit, parade/street event permit, solid waste license, or parks special use permit shall comply with all conditions of such permits or licenses with respect to noise control issues.

6. Construction or repair work which must be done to address an emergency health or safety concern and that cannot be accomplished during daytime hours and which is not work which includes normal maintenance and repair.

d. Notification by property owners of rental housing. Owners of rental housing shall be required to provide a copy of this section to a tenant at the start of the tenancy. However, the failure of an owner to provide a copy of the ordinance shall not be a defense to a violation of this section.

e. Enforcement:

1. First offense. A first offense of any provision of this section, except subsection (b)

2. (c.) (Parties and social events) by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of two hundred dollars ($200.00) to a maximum fine of five hundred dollars ($500.00), which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a restorative or reparative justice program through the Community Justice Center. The waiver penalty for a first offense of any provision of this section except subsection (b)(2)(c.) (Parties and social events) by a person during any twenty-four (24) month period shall be a fine of two hundred dollars ($200.00). (2) A first offense of subsection (b)(2)(c.) (Parties and social events) by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of three hundred dollars ($300.00) to a maximum fine of five hundred dollars ($500.00) which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a restorative or reparative justice program through the Community Justice Center. The waiver penalty for a first violation of subsection (b)(2)(c.) (Parties and social events) shall be a fine of three hundred dollars ($300.00).

3. Second offenses. Except for violations of subsection (b)(2)(c.) (Parties and social events), a second offense during a twenty-four (24) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of three hundred dollars ($300.00) to a maximum fine of five hundred dollars ($500.00) which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a restorative or reparative justice program through the Community Justice Center. The waiver penalty shall be a fine of three hundred dollars ($300.00).

4. A second offense under subsection (b)(2)(c.) (Parties and social events) during a twenty-four-month period shall be deemed to be a civil offense and shall be punishable by a penalty of a minimum fine of four hundred dollars ($400.00) to a maximum fine of five hundred dollars ($500.00) which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a restorative or reparative justice program through the Community Justice Center. The waiver penalty for a second violation of subsection (b)(2)(c.) shall be a fine of four hundred dollars ($400.00).

5. The third and any subsequent offense within a twenty- four (24) month period shall be deemed a criminal offense and shall be punishable by a fine of five hundred dollars ($500.00).

6. The city shall notify the owner of any property upon which a noise control ordinance violation has occurred and a person has been given a civil Vermont Municipal Complaint or criminal citation pursuant thereto that such complaint or citation has been issued.

7. Any law enforcement officer may issue a municipal complaint ticket or criminal citation for offenses of the noise control ordinance. (Ord. of 5-6-96; Ord. of 6-22-98; Ord. of 8-14-00; Ord. of 5-21-01; Ord. of 2-18-03; Ord. of 1- 12-10) Charter references: Power of city to prevent noise, § 48(V). Cross references: Street musicians and entertainers licensed, § 4-4; boisterous conduct in city cemeteries prohibited, § 9-9; disorderly conduct at fires, § 13-7. State law references: Disturbing religious meetings, 13 V.S.A. § 971; breach of peace by disorderly acts, 13 V.S.A. § 1021(b); noise at night, 13 V.S.A. § 1022; disturbing meetings, 13 V.S.A. § 1023.Secs. 21-14–21-16. Reserved.

Off-Campus Conduct

The College reserves the right to take disciplinary action against Champlain College students who are involved in any off-campus incidents of criminal activity or otherwise inappropriate noncriminal behavior, particularly when such incidents have implications for campus safety or affect the reputation or operation of the College. Local police departments will routinely share information with Champlain College regarding student violations of local, state and federal law. For more information, please see the section titled Conduct Review Process.

Skateboard Policy

Skateboards, long boards, rollerblades and skates may be used outdoors on campus so long as such use does not present a safety hazard to pedestrians or is likely to cause property damage. Operators of skateboards, long boards, rollerblades and skates (referred to as “Operators”) must use caution and act in a safe manner at all times for the safety of pedestrians. Operators must yield to pedestrians.

Use of skateboards, long boards, rollerblades or skates is at the Operator’s own risk. Operators should be aware that they are personally liable for injury to people or damage to property caused by their activity.

Skateboards, long boards, rollerblades and skates are prohibited from the following areas:  Rozendaal Courtyard, the hardscape surface on the west side of Perry Hall and inside college buildings. Champlain College may designate other areas of campus where such activities are prohibited.

Questions about this policy should be directed to Campus Public Safety. Violations of this policy may result in disciplinary action.

In addition to this policy, Operators are expected to know and adhere to all applicable local laws and regulations governing use of public roads, sidewalks and other public areas.

Cautionary Note

Like any other sport or method of transportation, skateboards, long boards, rollerblades and skates involve inherent risks that can lead to injury or death of the Operator or bystanders. Champlain College strongly urges those who skateboard, long board, rollerblade or skate for pleasure, recreation or transportation to fully understand the inherent risks and understand how best to manage such risks. Protection equipment while skateboarding, long boarding rollerblading or skating is strongly recommended.  A properly fitted helmet will dramatically reduce chances of traumatic brain injury during a fall, while other safety equipment like slide gloves, knee and elbow pads, and padded shorts will help minimize bodily harm in case of accident.

Smoking

Indoor smoking is banned in all College buildings. As of September 2012, outdoor smoking is banned on central campus (Aiken Lawn and the Rosendale Courtyard) and especially within 25 feet of all entries, outdoor air intakes and operable windows from 7 a.m. to 7 p.m. Outdoor smoking is also banned outside of all residence halls within 25 feet of all entries, outdoor air intakes, and operable windows at all times. Smoking is permitted at all times in the gazebo located on the corner of Maple Street and Summit Street.  Behavior inconsistent with this policy will be documented. Violation of this policy may result in disciplinary action including but not limited to a written warning, fine or risking your status as a student.

Study Abroad /Champlain Abroad Conduct

The standards and policies of this Student Handbook apply to student behavior at all Champlain Abroad sites. In addition, students are subject to the laws and policies of the host country and site for all study abroad programs (i.e. Champlain Abroad, exchanges and third-party programs) regardless of whether this information is specified in this handbook. Each program and site may have its own regulations. Certain legal requirements (such as those requiring the provision of reasonable accommodations for students with disabilities) may not be applicable at study abroad sites and/or may be difficult or impossible to implement in such locations; the College will of course comply with all legal requirements, but may not be in a position to exceed such requirements. Please contact the Office of International Education for details.