Alcohol, Cannabis, and Other Drug 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.Consistent with the mission of the College, the primary purpose of Champlain College’s Alcohol, Cannabis, and other Drug 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.
Further information about the support, education, and resources provided by the Counseling Center, Student Health Center, and the Division of Student Affairs, Diversity, and Inclusion can be found at their respective websites and offices.
Medical Amnesty & Good Samaritan Program:
In the interest of protecting Champlain College students from serious injury due to impairment caused by alcohol or drugs, students should be aware that in ALL cases where safety is at risk, the proper agencies must be contacted for assistance. These agencies include Champlain College Campus Public Safety (802-865-6465), local police or emergency services (911) or a member of the Housing & Residential Life staff (student RA or other Housing & Residential Life professional).
More specific information regarding the Medical Amnesty & Good Samaritan Program can be found further in this section of the catalog.
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, cannabis, and other drugs. Champlain College will also respond to reports of off-campus behavior from community members and local law enforcement.
Definitions
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Alcohol: any beverage containing not less than 0.5% alcohol by weight
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Common Source of Alcohol: 12-pack or more of beer, 1 bottle of wine or liquor
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Cannabis: the parts, products, and non-Hemp derivatives of the plant Cannabis sativa, indica, ruderalis and hybrid strains, including Medical Marijuana, irrespective of state law to the contrary. Cannabis is a Schedule I substance under the Controlled Substances Act and, as such, is illegal under Federal law. Possession and/or use are prohibited on College property and in College activities.
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Common Source of Cannabis and/or other Drugs: any amount constituting more than one-time use
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Illicit Drug: controlled substances and analogs as defined by Federal and state law. This includes legal substances with psychoactive properties
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Possession: determined by control over a substance or object with or without regard to ownership.
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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:
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Possession, consumption, sale, distribution, or use of 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.
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Demonstrating visible alcohol 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, UVM Medical Center or any other location deemed appropriate for purposes of detoxifying the student.
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Being present in a room with alcohol, alcohol paraphernalia, empty containers, or drinking games. 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.
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Creating, offering or engaging in drinking games/activities and other behaviors designed for the purpose of becoming intoxicated through the abusive use of alcohol.
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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.
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Possessing empty boxes, bottles, cans, caps, labels, etc., of beer, wine or liquor, either as garbage, as decoration or for any other purpose.
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Displaying posters or decorations advertising or promoting alcohol in public areas, including hallways, door exteriors, windows, lounges, etc.
Cannabis & Other Drugs
Consistent with the College’s goal of providing a safe and healthy campus, the following behaviors are prohibited:
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Possession, consumption, sale, distribution, or use of any controlled substance, including psychoactive or illicit drugs. Controlled substances include, but are not limited to, cannabis, prescription drugs intended for recreational use, cocaine, heroin, opium, mescaline, Ecstasy, hallucinogenic mushrooms, Xanax and acid/LSD. Medical cannabis prescriptions are also prohibited. 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.
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Demonstrating visible cannabis or other drug intoxication anywhere on campus or at College- sponsored events.
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Possessing cannabis and/or drug paraphernalia, including equipment that can be used for legal or illegal substances.
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Residual evidence of cannabis and/or drug use is prohibited. This includes the smell of cannabis, stems and seeds.
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Being present in a room with cannabis or other drugs may lead to student conduct sanctions. College staff cannot always determine those using cannabis,or other drugs at a particular event; therefore, all those present will be documented on an incident report.
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Possessing a “common source” of cannabis and/or other drugs. A common source of cannabis and/or other drugs is an amount that implies intent to distribute or share.
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Possessing prescription medication without appropriate prescription or packaging.
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Possessing cannabis and/or drug paraphernalia. This includes equipment that can be used for legal or illegal substances. All paraphernalia will be confiscated and may be destroyed.
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Displaying of posters or decorations indicating cannabis and/or drug use in public areas, including hallways, door exteriors, windows, lounges, etc.
Health Effects of Alcohol and Other Drugs
Information pertaining to the health effects of alcohol and other drugs is maintained on the Counseling Center’s website. https://www.champlain.edu/office/champlain-counseling-center/self-help-tools/
Pets
Students are not allowed to have pets in classrooms, residence halls, in College vehicles (including shuttle buses) or at College-sponsored events. Exceptions to this policy are listed below.
Exceptions:
Fish
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, such as Thanksgiving Break, Winter Break, and Spring Break.
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 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 Office of Accessibility. They can be contacted via phone at 802-865-5764 or email at accessibility@champlain.edu.
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). The ADA and US Department of Justice state that service animals in training are not considered service animals, however some state or local laws cover animals that are still in training.
Students with service animals (or service animals in-training) 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.
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:
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the person has a disability;
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the animal is necessary to afford the person with a disability an equal opportunity to use and enjoy the residence halls;
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and there is an identifiable relationship between the disability and the assistance the animal provides
Assistance animals are allowed only in the residence halls and only in the room of the student who has been approved for this accommodation. Assistance animals are not permitted in the common areas of residence halls. Assistance animals are not permitted in other college buildings or college vehicles. However, the College will not 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 submit their request by the appropriate deadline and obtain approval from the Office of Accessibility before bringing an assistance animal to campus. Deadlines and required forms may be found on the Office of Accessibility website. This process begins with submission of the Emotional Support Animal Request Form (located on the Office of Accessibility website). The form will need to be completed by a provider, such as a physician, psychologist, psychiatrist or other mental health professional. Once received, the Office of Accessibility will review the student’s Emotional Support Animal Request Form. If a student’s request is approved, the student shall be required to provide vaccination records and a clean bill of health from a veterinarian annually. The student’s roommate(s) must also consent to having the animal in their shared living space. Additionally, the student will meet with a staff member in the Housing & Residential Life Office to review the rules around having an animal in their living space.
Questions about assistance animals may be directed to the Office of Accessibility via phone at 802-865-5764 or email at accessibility@champlain.edu.
See below for a description of the student’s responsibilities and the reasons for the removal of assistance animals.
Requirements of Service Animals, Service Animals In-Training, Assistance Animals, and their owners include:
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The owner of the animal must be in full control of the animal at all times.
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Animals must be licensed in accordance with city regulations and, if appropriate, must wear a valid vaccination tag.
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Animals must be in good health. Any service/assistance animals occupying college housing must have an annual clean bill of health and up-to-date vaccinations from a licensed veterinarian.
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Students with assistance animals will provide documentation of the continuing need for the animal, possibly on an annual basis if needed.
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The owner is responsible for appropriate waste clean-up and overall cleanliness of the service or assistance animal.
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The owner is responsible for the appropriate management of their service or assistance 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.
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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.
Service Animal Identification: Students are encouraged to provide identification that the animal is a service animal so that others are aware it is a working animal, but service animals are not required to wear a vest, identification tag, or specific harness.
Etiquette with Service Animals, Service Animals In-Training, and Assistance Animals
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Do not pet a service animal or assistance animal without the permission of the owner; petting a service animal when the animal is working distracts the animal from the task. Service dogs typically wear a leather harness, scarf or sign to indicate they are working animals.
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Do not feed a service animal or assistance animal. The animal may have specific dietary requirements.
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Do not deliberately startle a service animal or assistance animal.
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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 the Office of Accessibility.
Students who fail to meet these obligations, agreements, and responsibilities outlined by the Office of Accessibility in relation to this policy may be referred to the Office of Community Standards to address any alleged violations of the Student Code of Conduct.
All students are issued a mymail.champlain.edu e-mail address. Students who live on campus receive mail at the Mail Room or at 194 St. Paul Street. These channels are used for all official Champlain College correspondence. It is our expectation that students will receive and send information through these channels.
Dangerous or Disruptive Behavior
As an institution of higher education, Champlain College strives to balance concern for the health and safety of individual students with the interests of the broader campus community. The College believes that all students have responsibility for self-welfare, self-guardianship, and self-care. In addition, students are responsible for conducting themselves in a manner that is not violent or disruptive and affirms their commitment to the Student Code of Conduct.
Any behavior that may threaten the well-being of Champlain College students, faculty or staff is prohibited and will be addressed in an expedient, sensitive and appropriate manner. The College provides confidential counseling for students through the Counseling Center, and encourages students to access that service when needed. Champlain College is concerned about the physical, mental and emotional welfare of its students. When a student’s behavior constitutes a serious disruption or danger to the living and learning environment that the College seeks to create, the College may respond in a number of ways, ranging from providing mental health support to separating the student from the institution, if necessary.
The College prohibits behavior that may threaten the well-being of students, faculty, or staff including, but not limited to, the following:
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Any behavior that points to the potential of imminent, foreseeable or existing danger to self, other students, or other members of the College community
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Destructive, intimidating, violent or other inappropriate behavior
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Physical, vehicular, or other types of assault
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Self-inflicted violence
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Abuse of alcohol, cannabis, or other drug that places an individual or others at risk
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Public suicide attempts, suicidal gestures, or disruptive statements of suicidal ideation
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Lack of response to multiple attempts at communication to determine student health and safety
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Failure to comply with prescribed medication orders, resulting in dangerous behavior
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Bullying Behavior: Any verbal, physical, written or electronic communication which is intended to ridicule, humiliate, or intimidate or interferes with access to educational or other College programs, or reasonably has that effect.
This policy does not apply to non-violent student protest and dissent, or to confidential interactions with a College mental health counselor or medical staff (unless an exception to confidentiality applies). This policy will be administered in accordance with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and similar Vermont law.
Champlain College Threat Assessment Team
As part of its commitment to maintaining a safe environment, Champlain has established a Threat Assessment Team, which is empowered to assess risk and, in cooperation with other College teams or offices as appropriate, formulate an appropriate response in situations where an individual’s behavior and/or statements generate concern that may present a threat to the health or safety of others. The Threat Assessment Team seeks to mitigate potential risks before they result in harm.
In the event of an emergency and/or immediately threatening situation, all Champlain community members are encouraged to contact Campus Public Safety at 802-865-6465 or 911.
SCOPE OF THE POLICY
The Discrimination and Harassment Policy applies to all administrators, employees, admissions 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 for and to those who do business with the College in their interactions with members of the College community.
The College maintains a separate Sex Discrimination and Sexual Misconduct Policy, which incorporates by reference the Pregnancy and Parental Status Non-Discrimination Policy. Reported sex discrimination, sexual harassment, sexual violence, sexual misconduct, and realted retaliation that appears to fall within the definitions and scope of that policy will be handled under the procedures outlined in that policy.
The College also maintains a separate Bias Education & Response Team process. Bias-related behaviors that are not criminal offenses and which fall outside of the Sex Discrimination and Sexual Misconduct Policy, the Discrimination and Harassment Policy, the Student Code of Conduct, and other comparable policies, are treated as bias incidents and will be addressed through the Bias Education & Response Team process. However, bias behavior will be deemed an aggravating circumstance to any violation of College policy.
Teaching practices or communications that are demeaning, hostile, or alienating based on or because of an individual possessing a protected characteristic are prohibited. This topic is addressed further in the Academic Discourse section below.
Champlain College’s Freedom of Expression Statement: Champlain College’s spirit of inquiry in the pursuit of knowledge supports the institution’s culture of exploration with respect for diversity and a passion for an inclusive learning environment. The College holds that its community, including, but not limited to, students, faculty, staff and invited visitors retain the right to freely express their ideas, so long as those forms of expression do not infringe on another’s freedom to do so. We believe that the commitment to engage in discomfort and controversy can promote opportunities for growth. It is not the institution’s purpose or duty to protect its constituents from conflict, but rather, to create conditions for debates and discussions to flourish.
DEFINITIONS
Bias Incident: Any conduct, speech, images, or expression that demonstrate conscious or unconscious bias which targets individuals or groups based on, but not limited to, their actual or perceived: age, disability, ethnicity, gender identity or expression, immigration status, marital status, national origin, race, religion, sex, sexual orientation, size, socioeconomic status/class, veteran status or on the basis of any other status protected by law or recognized within a Champlain College policy.
Harassment: For purposes of this policy, prohibited harassment constitutes a form of discrimination and is defined as verbal or physical conduct or communications directed at or because of an individual’s race, creed, color, national origin, place of birth, ancestry, religion, age, sexual orientation (except as separately covered under the Sex Discrimination and Sexual Misconduct Policy), sex (except as separately covered under the Sex Discrimination and Sexual Misconduct Policy), gender identity (except as separately covered under the Sex Discrimination and Sexual Misconduct Policy), veteran or military service status, HIV-positive status, 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. Harassment need not be severe or pervasive to violate this policy.
Hate Crime: As defined by Vermont law, a hate crime is a crime that is maliciously motivated by the victim’s actual or perceived race, color, religion, national origin, gender identity, ancestry, age, service in the armed forces of the United States, disability, sexual orientation or gender identity is a hate crime. The perpetrator can be given additional penalties at sentencing. Hate crimes should be reported to your local law enforcement agency. Prosecutors can seek increased penalties for hate crimes, including longer jail sentences and higher fines.
Hazing: Any act committed by a person, whether individually or with others, against a student or employee 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 employee or endangering the mental or physical health of a student or employee.
Specific Types of Harassment: In addition to forms of harassment listed above, other examples of specific types of harassment might include, but are not limited to the following, if engaged in at the levels described above:
Age: Verbal or physical conduct or communications directed at an individual’s age, such as derogatory age-related comments and negative stereotypes.
Disability: Verbal or physical conduct or communications directed at the characteristics of an individual’s disabling condition such as manner of speaking, manner of movement, or necessary equipment.
Gender Identity: 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. Information about Gender Identity harassment and discrimination can be found in the Sex Discrimination and Sexual Misconduct Policy.
National Origin: Verbal or physical conduct or communications directed at an individual’s national origin such as negative comments regarding surnames, manner of speaking, and customs.
Racial: Verbal or physical conduct or communications directed at an individual’s race such as words emphasizing stereotypes, comments on manner of speaking, and negative references to racial customs.
Religious: Verbal or physical conduct or communications directed at an individual’s religion such as derogatory comments regarding surnames, religious tradition, and religious clothing.
Sex-Based: Verbal or physical conduct or communications directed at an individual’s sex and/or gender, such as negative gender-based stereotypes and sexist comments. Information about Sex-Based harassment and discrimination can be found in the Sex Discrimination and Sexual Misconduct Policy.
Sexual Orientation: Verbal or physical conduct or communications directed at an individual’s sexual orientation such as negative name-calling and imitating mannerisms. Information about Sexual Orientation harassment and discrimination can be found in the Sex Discrimination and Sexual Misconduct Policy.
Veteran/Military Service Status: 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.
POLICY
It is imperative that Champlain College provides a safe environment conducive to learning and working. Harassment as described above is 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 characteristics such as race, creed, color, national origin, place of birth, ancestry, religion, age, sexual orientation, sex, gender identity, veteran or military service status, HIV-positive status, qualified disability or any other characteristic to the extent protected, and as defined by, applicable law, in the administration of its educational and admissions policies, scholarship and loan programs, employment practices, athletic, and other College-administered programs. The College will, therefore, comply with all applicable federal and Vermont nondiscrimination laws.
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 student, staff and faculty 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 or discriminatory activities could include verbal or written reprimand; required participation in community projects; loss of privileges; suspension from employment (with or without pay) or enrollment; probation; requirement to participate in counseling; dismissal from housing, school, or employment. The College reserves the right to take action to stop and to sanction discriminatory and/or harassing behavior, even in instances where such behavior does not rise to a level that it would constitute unlawful harassment under applicable law.
The right to make a complaint is not limited to someone who is the direct target of harassment. Anyone who has observed discrimination or harassment should report the alleged incident(s) to the Vice President for Student Affairs (student-to-student harassment) or the Chief Operating Officer or designee (if an employee is involved). Retaliation against individuals who make or support a complaint of discrimination and/or harassment, as discussed further in the College’s Discrimination and Harassment Complaint Procedure, is prohibited and will be considered a violation of this policy.
In fact, all College officials, such as vice presidents, directors, staff, deans, faculty, and individuals in management/supervisory positions are obligated to report conduct that may be in violation of the College’s Discrimination and Harassment Policy. College officials who become aware of conduct that they believe may violate the College’s discrimination and harassment policy must report that conduct to the Chief Operating Officer or designee or, if the alleged conduct was engaged in by a student, to the Vice President of Student Affairs.
Counselors in the Counseling Center, and student health service employees in the Student Health Center are the only employees 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 the 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 or medical staff because of laws requiring that action be taken.
A copy of the Discrimination and Harassment Policy is provided to every employee and student through the People Center’s website and the College Catalog, which is located online. The College also provides appropriate educational training.
Any individual found to have engaged in discrimination or harassment as defined above will be in violation of this policy and shall be subject to appropriate disciplinary action, up to and including termination of employment or expulsion from enrollment at the College. Any individual who believes he/she/they has/have been subjected to discrimination or harassment under this policy is entitled to pursue the internal Discrimination and Harassment Complaint Procedure and/or may pursue remedies provided by Federal and State law. 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 (i.e., when a problem is identified by another member of the College community).
Please refer to the College’s Harassment and Discrimination Complaint Procedure, which appears immediately below, for information regarding how to report a concern about harassment or discrimination, and how complaints relative to harassment or discrimination are resolved. To report bias or a hate crime, please refer to the Bias and Hate Crime section of the College Catalog. For the College’s policy on sexual misconduct, see the College’s Sex Discrimination and Sexual Misconduct Policy.
DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE
PURPOSE
The purpose of the Complaint Procedure is to provide a process for handling discrimination and harassment complaints. A lengthy period of time between an alleged occurrence and investigation may make fact-finding more difficult. Therefore, individuals are encouraged to submit complaints as soon as possible. The College strives to ensure that discrimination complaints, including unlawful harassment, are handled promptly and effectively in a manner that is procedurally fair to the parties.
Where reported misconduct involves allegations of Prohibited Conduct as defined in the College’s Sex Discrimination and Sexual Misconduct Policy, the more specific definitions, prohibitions, and procedural statements included in the Sex Discrinination and Sexual Misconduct Policy will control and be used in this Complaint Procedure, and such definitions, prohibitions and procedural statements are therefore incorporated into these procedures by reference. This Complaint Procedure, including the Appeal Procedure outlined below, will be used in Sex Discrimination and Sexual Misconduct cases to the extent this Procedure is not inconsistent with provisions of the Sex Discrimination and Sexual Misconduct Policy.
Protective Measures
Sometimes it is necessary to take steps before or during an investigation to protect the rights and interests of the Complainant and/or Respondent. Such measures may be designed to reduce or eliminate contact between the Complainant and/or the Respondent so that both parties may feel safe in their work/educational environment. Protective measures may also guard against further actual or perceived discrimination 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 and, in severe cases, suspension of an individual pending the outcome of an investigation.
Confidentiality of Investigation/Hearing: All proceedings against individuals relating to complaints of discrimination will be conducted confidentially by the People Center and/or Student Affairs, Diversity and Inclusion 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 discretion of such officials, have a legitimate need to know, or persons from whom information is needed to complete an investigation.
Academic Discourse: Champlain College recognizes that the protection of free and open speech and the open exchange of ideas are important to any academic community. This recognition is therefore an important element in the “reasonable person” standard used in judging whether sexual harassment or other harassment prohibited by this policy has occurred. This policy is meant neither to proscribe nor to inhibit discussion, in or out of the classroom, of complex, controversial or sensitive matters, when in the judgment of a reasonable person they arise appropriately and with respect for the dignity of others. Champlain College also recognizes, however, that verbal conduct can be used specifically to intimidate or coerce and to inhibit genuine discourse, free inquiry and learning. Such abuses are unacceptable. If someone believes that another’s speech or writing is offensive, wrong or hurtful, that person is encouraged to express that judgment in the exercise of his/her/their own free speech or to seek redress under the procedures described below.
Filing a Discrimination or Harassment Complaint
Any Champlain College student or employee who believes that the Discrimination or Harassment Policy has been violated may submit a complaint.
Discrimination or harassment complaints against College faculty and staff should be directed to the faculty or staff member’s direct supervisor or the Provost and Academic Affairs Office, Freeman Hall acadaffairs@champlain.edu 802-860-2729 and the Chief Operating Officer at 802-865-5715,peoplecenter@champlain.edu, P.O. Box 670, Burlington, VT 05402
Discrimination and Harassment complaints against College students should be directed to the Vice President of Student Affairs at (802) 865-5460.
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 the Office of Accessibility via email at accessibility@champlain.edu or phone at 802-865-5764 for student-related matters. Employee requests for the same should be directed to the Chief Operating Officer or designee at peoplecenter@chamlain.edu.
Investigation Procedures
The Chief Operating Officer and/or the Vice President of Student Affairs (student-to-student violations), their designee(s) or an appointed investigator or investigators will interview the person making the complaint, known as 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 to the extent feasible provide a record of what happened including facts, dates, witnesses, actions and responses and any relevant correspondence. If the Complainant would prefer not to submit a written complaint, a complaint can be described to a College staff member, reduced to writing, and ascribed to by the Complainant.
People Center/Student Affairs next determines whether the situation described in the Complaint arose in the course of a College program or activity. If so, it must also determine whether the Complaint is directed against a College employee, student, department (or similar unit), or a third-party College affiliate. If both of the above situations exist, the College will formally initiate an investigation into the matter, unless informal resolution, as described below, is pursued. If it is determined that the situation did not arise in the course of a College program or activity or is not directed at an individual associated with the College as described above, the Complainant may be referred to other agencies where appropriate.
When a Complaint is received, the person(s) who is the subject of the Complaint, known as the “Respondent,” will be notified promptly that an investigation has begun and will be given ample opportunity to respond to the allegations surfaced during the investigation.
The Chief Operating Officer, the Vice President of Student Affairs and/or the Provost will assign an investigator or investigators to investigate a Complaint that falls within the scope of this Policy.
The investigator(s) will meet privately and separately with the Complainant, the Respondent(s), and any witnesses to the alleged incident(s), and will prepare a written report of the interviews and investigation. Complainants and Respondents may elect to have an advisor of choice present at these meetings.
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 because they have brought or supported a complaint or participated in an investigation.
The investigator(s) will issue a written report of their findings and conclusions to the People Center or Student Affairs, Diversity and Inclusion. A representative from the People Center or Student Affairs, Diversity and Inclusion will determine if the investigation is complete and will develop a recommendation for resolution based on the findings and conclusion of the investigators’ report.
In cases where the respondent is an employee the proposed resolution will be forwarded to the appropriate Vice President with responsibility for the department(s) in which the Complainant and the Respondent(s), work for their review, final approval, and determination of disciplinary sanctions, if applicable.
In cases where the respondent is a student the proposed resolution will be forwarded to the Vice President of Student Affairs for their review, final approval, and determination of disciplinary sanctions, if applicable.
If a Complaint is substantiated, the Respondent may be subject to a range of disciplinary sanctions as outlined under the Discrimination and Harassment Policy up to and including termination of employment or dismissal. If the Complaint is not substantiated, the case will be closed.
The Complainant and Respondent will receive a written summary of the investigation and the conclusions of the investigation.
The Respondent may invoke the appropriate grievance procedure or appeal process in response to the action taken on the findings of the Complaint. In cases involving discrimination on the basis of sex that fall under this policy, the complainant will have an opportunity to appeal to the same extent that the respondent has an opportunity to appeal.
Appeal Procedure: Individuals have the right to appeal decisions and sanctions made through the process outlined above. All appeals must be made in writing and sent to the Office of Community Standards (communitystandards@champlain.edu) for matters in which the Respondent is a student, or to the Chief Operating Officer or designee(peoplecenter@champlain.edu) for matters in which the Respondent is an employee. The individual submitting an appeal must specify the reasons for the appeal. An appeal of any decision must be received within ten business days after the Parties have been informed of the decision. Appeals will be heard by an appeals officer who has not been involved in the investigation, grievance procedure, or determination of sanctions prior to submission of the appeal.
Grounds for Appeal: Parties may appeal on the grounds that 1) there was a procedural error that unfairly affected the outcome; 2) there is new information that was not reasonably available during the investigation and resolution process that would have affected the outcome; 3)The Hearing Officer, investigator or decision-maker had a conflict of interest or actual bias for or against one of the parties that materially affected the outcome; 4) the sanctions imposed are disproportionate to the nature and severity of the offense.
The responsibility of the appeals officer is to determine a fair course of action in light of the allegations and evidence presented. When the appeal is complete, the matter shall be deemed fully resolved without further recourse.
Informal Resolution of a Complaint
The People Center or Student Affairs, Diversity and Inclusion (or Designees) may offer a person with a complaint of alleged discrimination or harassment that does not involve sexual misconduct use of an informal process for resolving their 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.
If informal resolution is pursued and resolves the matter successfully, 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. People Center/Student Affairs, Diversity and Inclusion will maintain a confidential record of the outcome of all informal resolution efforts.
Retaliation
The People Center and Student Affairs, Diversity and Inclusion (or Designees) will inform all Parties that the College prohibits retaliation against individuals because they have made Complaints per this procedure, served as witnesses, or otherwise cooperated with investigations, regardless of whether the People Center or Student Affairs, Diversity and Inclusion ultimately determines that the alleged conduct constituted discrimination or harassment in violation of this policy.
Additional info regarding the College’s Retaliation Policy can be found further in this section of the catalog.
False Reports
If, at any point during the process, an investigator determines that a Complainant, Respondent or witness has knowingly lied or deliberately provided false information to the investigator, the People Center or Student Affairs, Diversity and Inclusion 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 to the best of their knowledge will not be found to have provided false information within the meaning of this policy and procedure, even if the College does not conclude that discrimination or harassment occurred.
CONTACT
Individuals should contact the Chief Operating Officer (P.O. Box 670, Burlington, VT 05402, telephone:(802) 865-5715, peoplecenter@champlain.edu or Vice President of Student Affairs, dberube@champlain.edu, (802) 865-5460 or the Provost , at 802-860-2729, mtaylor@champlain.edu with any questions, discrimination complaints, inquiries concerning compliance with regulations or if reasonable accommodations are needed to participate in Champlain College programs or to apply for admission or employment.
Individuals may also contact the following State and Federal agencies concerning the application of nondiscrimination policies and enforcement of rights:
Employees may contact:
Vermont Attorney General’s Office, Civil Rights Unit,
109 State Street, Montpelier, VT 05609-1001
(802-828-3171/VOICE/TDD)
Equal Employment Opportunity Commission
John F. Kennedy Federal Office Building
Government Center, Room 475
Boston, MA 02203
(1-800-669-4000/VOICE or 1-800-669-6820/TDD)
www.eeoc.gov
Students may contact:
United States Department of Education, Office for Civil Rights
J.W. McCormack, Post Office Court House Building, Room 701
Boston, MA 02109-4557
(617-223-9662/VOICE)
Vermont Human Rights Commission
135 State Street, 2nd Floor, Drawer 33
Montpelier, VT 05633-6301
(802-828-2480/VOICE/TDD or 800-416-2010/VOICE)
Equal Employment Opportunity Commission (if the issue arises in a student employment situation)
John F. Kennedy Federal Office Building
475 Government Center
Boston, MA 02203
(800) 669-4000 (voice), (800) 669-6820 (TDD)
www.eeoc.gov
Complaints to Agencies Outside of the College
The College has formal and informal dispute resolution mechanisms that are described in this catalog, and that are available to students on the terms described in this catalog. 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 (employees), the contact information for each entity is, respectively, as follows:
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New England Commission of Higher Education, 3 Burlington Woods Drive, Suite 100, Burlington, MA 01803. Phone: (8551) 886-3272; or (781) 425-7785. Web: www.neche.org.
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Vermont Department of Education, 120 State Street - Montpelier, VT 05620-2501. Phone: (802) 828-3135. Web: www.education.vermont.gov
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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.
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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
In the interest of protecting Champlain College students from serious injury due to impairment caused by alcohol or drugs, students should be aware that in ALL cases where safety is at risk, the proper agencies must be contacted for assistance. These agencies include Champlain College Campus Public Safety (802-865-6465), local police or emergency services (911) or a member of the Housing and Residential Life staff (student RA or other Housing and Residential Life professional).
It is our belief that we all have a responsibility to help those in need by seeking the proper medical assistance when necessary. This policy hopes to promote all members of the Champlain College community in seeking out help for themselves or others when assistance is needed for the safety, security, and health of others. If a student is experiencing an emergency, we want their friends and peers to worry about nothing except getting them help.
The program is twofold, applying to both the student experiencing the emergency (Medical Amnesty) and the person(s) who make the call to get them help (Good Samaritan).
This program has the potential to remove formal College disciplinary action, but may still include educational components. In cases where the proper calls are made for assistance, both the impaired student and the student assisting may not be subject to formal disciplinary action for being impaired or for providing alcohol or drugs. Students involved in these incidents will participate in a meeting with the Office of Community Standards and may be referred for assessment/counseling. Families may be notified, but there will not be punitive sanctions. This resolution is available for isolated incidents and does not excuse or protect those who repeatedly violate the Champlain College’s Alcohol, Cannabis, and other Drug Policy. It is our belief that we all have a responsibility to help those in need by seeking the proper medical assistance when necessary.
Skateboards, longboards, 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. (See below for prohibited areas.) Operators of skateboards, longboards, 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, longboards, 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, longboards, rollerblades and skates are prohibited from the following areas:
Champlain College may designate other areas of campus where such activities are prohibited.
Violations of this policy may result in referral to the Office of Community Standards..
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.
The College strongly encourages the use of protection equipment such as a properly fitted helmet, slide gloves, knee and elbow pads and padded shorts.
Hoverboards & Motorized Self-Balancing Boards
Hoverboards or motorized self-balancing boards are not permitted on campus or in any College buildings. As with other products that are not permitted on campus, Campus Public Safety has the right to remove or confiscate and hold any board brought to campus. A board will be returned once the owner has an immediate plan for removing it to an off-campus location.
ID Card Use & Replacement Policy
About the Champlain ID card
The Champlain College ID card is issued to all eligible community members and identifies a cardholder as a current member of the College community. The Champlain ID may be used in accordance with College policies and conditions for library services, meal plans, recreation and fitness access, as well as electronic door key access to College facilities.
All Champlain ID cards are the property of Champlain College, should be carried at all times, and must be surrendered to an appropriate College representative when requested (including Campus Public Safety). For the purposes of this policy, the “cardholder” is defined as the Champlain community member who is named and pictured on the ID card. Champlain ID cards are non-transferable; lending an ID to anyone for any purpose is prohibited and may result in disciplinary action. Altering or lending a Champlain ID, whether intentional or unintentional, to misrepresent identification may subject the cardholder and/or unauthorized user to disciplinary action.
For the cardholder’s protection, report card loss immediately within the WebCard system or by contacting Compass Student Services and/or Campus Public Safety.
For Champlain students
All on-campus students are provided with a student ID card upon enrolling in their first semester with the College. This original card is provided free of charge. Replacement cards can be accessed using the process outlined below. Only the individual whose name appears on the card is authorized to use that card. Any misuse or misrepresentation of the student ID card or identity, including allowing a guest to gain access to a residence hall or dining hall, may result in disciplinary action through the Conduct Review Process.
For Champlain employees
All employees are provided with an employee ID card upon beginning their employment with Champlain College. This original card is provided free of charge. Replacement cards can be accessed using the process outlined below. Any misuse or misrepresentation of the employee ID card or identity may result in disciplinary action. Upon termination or resignation of employment, employee ID cards must be returned to the employee’s immediate supervisor.
Replacing a Champlain ID card
Replacements due to loss, damage, or requested photo update require cardholders to pay a replacement fee. Replacements due to defective materials or legal/preferred name change are provided free of charge. Details of the replacement policies are as follows:
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The card has been lost. In all instances of loss, the cardholder is responsible for a replacement fee of $20.
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In cases where the cardholder has recovered a previously lost card, that card can be reactivated free of charge. Cardholders may only have one active card in their possession at any given time.
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The card no longer reflects the correct legal or preferred name. In all instances of name updates, the ID is replaced free of charge.
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The card photo is no longer satisfactory.
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If the cardholder wishes to update their ID photo for aesthetic reasons, the cardholder is responsible for a replacement fee of $20.
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If the photo has worn off due to use or defective laminate, the card will be replaced free of charge.
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The card no longer works in machines requiring magstripe swipe (residence hall room, dining hall, vending, laundry, fitness center, library, etc.).
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If the cause is defective coding, this can be fixed by the Compass Student Services team. No replacement needed. If the ID cannot be fixed by the team, it will be replaced free of charge.
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If the cause is damage to the magstripe itself, the cardholder is responsible for a replacement fee of $20.
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The card no longer works at proximity entry locations (labs, exterior residence hall door, etc.).
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If the cause is defective coding, this can be fixed by the Compass Student Services team. No replacement needed.
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If the cause is a defective proximity chip, the card will be replaced free of charge.
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If the cause is damage due to bending, cracking, punching of holes, etc., the cardholder is responsible for a replacement fee of $20.
Per Vermont state law, 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 Student Health Center.
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1 dose of Tdap (tetanus, diphtheria and pertussis) vaccine
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MMR (2 doses with a minimum of four weeks between doses and the first dose given after the 1st birthday or positive titers)
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Meningococcal (1 dose for students living in campus-based housing after the 16th birthday, or a booster after the 16th birthday if the first dose(s) were received prior to age 16)
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Varicella (2 doses of varicella vaccine with a minimum of 4 weeks between doses if the vaccine was received at age 13 years or older OR 12 weeks between doses if the vaccine was received under age 13 years OR history of disease documented on a Vermont Health Department form and signed by student or parent OR positive titer)
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Hepatitis B (3 doses with a minimum of 4 weeks between doses 1 and 2 and a minimum of 8 weeks between doses 2 and 3; the 3rd dose must be at least 16 weeks from the 1st dose or positive titer)
Failure to provide proof of these immunizations will result in students being unable to register for classes, and residential students may not be assigned a room.
COVID-19 and influenza vaccination is strongly recommended but not required.
I. Introduction and Notice of Non Discrimination
Champlain College (“Champlain” or the “College”) is dedicated to fostering a welcoming, accessible, and inclusive environment for pregnant and parenting students, applicants for admission and employment, faculty, administrators, and staff. The College has enacted this Pregnancy Non-Discrimination Policy (the “Policy”) to reflect and maintain its institutional values and community expectations, to inform community members of their rights with respect to pregnancy or related conditions and parental status, and to advise students who are pregnant or have related conditions of reasonable modifications of College programs or activities.
II. Definitions and Prohibited Conduct
Definitions
Pregnancy or related conditions include the following:
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Pregnancy, childbirth, termination of pregnancy, or lactation;
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Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
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Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or their related medical conditions.
Parental status is defined as the status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is:
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A biological parent;
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An adoptive parent;
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A foster parent;
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A stepparent;
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A legal custodian or guardian;
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In loco parentis with respect to such a person; or
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Actively seeking legal custody, guardianship, visitation, or adoption of such a person.
Discrimination and Exclusion
Champlain prohibits discrimination on the basis of sex and gender, including discrimination on the basis of current, potential, or past pregnancy or related conditions, or parental, family, or marital status. This Policy incorporates by reference the College’s Sex Discrimination and Sexual Misconduct Policy.
Champlain does not discriminate on the basis of current, potential, or past pregnancy or related conditions, or parental, family, or marital status, in its admissions process, educational, extracurricular, athletic, or other programs, or in the context of employment, including applications.
Champlain will not:
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Adopt or apply any policy, practice, or procedure concerning the current, potential, or past pregnancy, or related conditions; or parental, family, or marital status of a student or applicant or employee or applicant that treats any person differently on the basis of sex;
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Adopt or apply any policy, practice, or procedure that is based upon whether an employee or applicant is the head of household or principal wage earner in such employee or applicant’s family unit;
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Make any pre-admission inquiry as to the marital status of an applicant for admission or applicant for employment, including whether such applicant is “Miss or Mrs.” In determining whether a person satisfies any policy or criterion for admission or employment, or in making any offer of admission or employment, Champlain will treat pregnancy or related conditions, or any temporary disability resulting therefrom, in the same manner and under the same policies as any other temporary disability or physical condition;
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Require a student who is pregnant or has related conditions to provide certification from a physician or other licensed healthcare provider that the student is physically able to participate in the College class, program, or extracurricular activity, unless: (1) the certified level of physical ability or health is necessary for participation in that class, program, or extracurricular activity; (2) the College requires such certification of all students participating in the class, program, or extracurricular activity; and (3) the information obtained is not used as a basis for prohibited discrimination; or
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Adopt or apply any policy, practice, or procedure, or take any employment action on the basis of sex, concerning the current, potential, or past parental, family, or marital status, or pregnancy or related conditions, of an employee or applicant for employment that treats that person differently, or that is based upon whether an employee or applicant is the head of household or principal wage earner in such employee’s or applicant’s family unit.
Medical Benefits and Other Benefits and Services
Champlain will treat pregnancy or related conditions, and any temporary disability resulting therefrom, as any other temporary disability with respect to College benefits, including medical benefits, fringe benefits, and any other benefits, services, plans, or policies with respect to Champlain students or employees. For employees, this includes commencement, duration and extensions of leave, payment of disability income, accrual of seniority and any other benefit or service, and reinstatement.
III. Reasonable Modifications for Students
Students, or a person who has a legal right to act on behalf of the student, may request reasonable modifications to College programs or activities as a result of pregnancy or related conditions. Requests should be made by contacting the Title IX Coordinator:
Physical Address: Skiff Hall, Room117
Mailing Address: 375 Maple Street, Burlington, VT 05401
Email: cory.davis@champlain.edu
Phone: 802-865-6428
Students are not required to inform faculty, staff, or any member of the College administration of their pregnancy or parenting status, unless they are seeking modifications.
A student, or person who has a legal right to act on behalf of the student, who informs a College employee of the student’s pregnancy or related conditions, will be provided with the Title IX Coordinator’s contact information and notified that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure equal access to College education programs and activities.
Champlain College employees who have been identified as Mandated Reporters, are required to inform the Title IX Coordinator when they receive a disclosure from a student relating to a pregnancy and/or related condition.
When the Title IX Coordinator receives notice of a student’s pregnancy or related conditions, the following will be provided and explained to the student by the Title IX coordinator:
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Reasonable modifications of Champlain’s policies, practices, and procedures. Such reasonable modifications will be provided on an individualized and voluntary basis, depending on the student’s needs when necessary to prevent discrimination and ensure equal access to a College program or activity, unless such a modification would fundamentally alter the program or activity. Reasonable modifications will be implemented and coordinated by the Title IX Coordinator. Reasonable modifications may include breaks during class to attend to related health needs, expressing breast milk, or breastfeeding; intermittent absences to attend medical appointments; access to online or other homebound education; changes in schedule or course sequence; extension of time for coursework and rescheduling of tests and examinations; counseling; allowing a student to sit, stand, or carry or keep water nearby; changes in physical space or supplies (e.g. access to a larger desk or a footrest); elevator access; or other appropriate changes to policies, practices, or procedures.
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Access, on a voluntary basis, to any separate portion of the College’s education program or activity, comparable to that offered to students who are not pregnant and do not have related conditions.
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If applicable, a voluntary leave of absence from Champlain’s education program or activity to cover, at a minimum, the period of time deemed medically necessary by the student’s physician or other licensed healthcare provider. Upon the student’s return to Champlain’s education program or activity, the student will be reinstated to the academic status, and, as soon as practicable, to the extracurricular status that the student held when the leave began.
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Availability of a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by a student for expressing breast milk or breastfeeding as needed.
Supporting documentation will not be requested unless documentation is necessary and reasonable to determine the reasonable modifications or whether additional specific actions are needed.
The College will not require student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person that the student is physically able to participate in a class, program, or extra-curricular activity unless the certified level of physical ability or health is necessary for participation, the certification is required of all participating students, and the information obtained is not used as a basis for discrimination.
IV. Reasonable Modifications for Employees
Employees may request reasonable accommodations as a result of pregnancy or related conditions. Requests should be made by contacting the Title IX Coordinator:
Physical Address: Skiff Hall, Room 117
Mailing Address: 375 Maple Street, Burlington, VT 05401
Email: cory.davis@champlain.edu
Phone: 802-865-6428
In working with employees requesting reasonable accommodations, the Title IX Coordinator may work with the People Center in order to provide reasonable accommodations as a result of pregnancy or related conditions.
In the case of an employee with insufficient leave or accrued time to qualify for leave under any College leave policy, including Family Medical Leave, the College will treat pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.
Employees will be provided reasonable break time to express milk or breastfeed as needed. All employees must have access to a lactation space other than a bathroom that is clean, shielded from view, free from intrusion from others, and may be used by an employee for expressing breast milk or breastfeeding as needed.
V. Resolution Procedures
College community members who believe that they have been the target of discrimination on the basis of pregnancy or related conditions, or parental, family, or marital status, and/or who believe they have suffered any other violation of this Policy, are encouraged to report such violations as set forth in the Sex Discrimination and Sexual Misconduct Policy or to the other external agencies and resources listed there.
Information Systems, Computer & Network Services Policies
For the most up-to-date computer and network policies, visit https://www.champlain.edu/is-policies
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.
Retaliation Policy
Retaliation includes adverse action taken by any person over whom the College has some measure of control (e.g., faculty, staff, students, and covered third parties) against a person because they have made a good faith report of Prohibited Conduct and/or because they have participated in any proceeding under this Policy. Adverse action includes conduct that threatens, intimidates, harasses, coerces or in any other way seeks to discourage a reasonable person from engaging in activity protected under this Policy. Retaliation can be committed by or against any individual or group of individuals, not just a respondent or complainant. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct.
The College will take immediate and responsive action to address any report of covered retaliation and will pursue disciplinary action as appropriate. An individual whose good faith activities as described above result in their being protected from retaliation under this policy is entitled to such protection even if the reported conduct is ultimately not found to be in violation.
The People Center and Student Affairs (or Designees) will inform all Parties that the College prohibits retaliation against individuals because they have made Complaints per this procedure, served as witnesses, or otherwise cooperated with investigations, regardless of whether the People Center or Student Affairs ultimately determines that the alleged conduct constituted discrimination or harassment in violation of this policy. Any Complainant or witness who believes they have been subjected to retaliatory behavior should report the conduct to the People Center or Student Affairs immediately. The People Center or Student Affairs will determine whether an investigation is appropriate and, if so, it shall initiate an investigation and make findings under this procedure. Persons found to have engaged in retaliatory conduct are subject to disciplinary action, including, but not limited to, termination of employment or dismissal.
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 they complained or participated in an investigation.
Reporting Retaliation
If a student believes they’re experiencing retaliation, or have witnessed retaliation against a fellow student, they should contact the Dean of Students office via phone at 802-860-2704 or email at deanofstudents@champlain.edu. Employees are encouraged to contact the Champlain College People Center via email at peoplecenter@champlain.edu.
Smoking
Indoor smoking is banned in all College buildings. Outdoor smoking is banned on central campus (Aiken Lawn and the Rozendaal Courtyard, CCM Promenade) Finney Quad, and within 25 feet of all entries, residence hall entries, outdoor air intakes and operable windows. Smoking is permitted at all times in the gazebo located on the corner of Maple Street and Summit Street.
This policy applies to all forms of smoking and use of any nicotine delivery device that has not been approved by the Federal Drug Administration (this includes E-cigarettes and vaping devices). Electronic smoking and vaping devices are prohibited on campus due to the fire safety risk they pose, and Campus Public Safety may confiscate devices. Behavior inconsistent with this policy will be documented. Violation of this policy may result in a referral to the community standards process for disciplinary action.
Smoking of cannabis is not permitted anywhere on College property or at College-sponsored events.
Transportation & Parking
No car, no problem.
At Champlain, sustainability is one of our core values. That’s why we encourage students and employees to leave their cars at home. There are plenty of great transportation options that make getting to and around campus easy and convenient. All students who are permitted to bring a vehicle must obtain a parking permit and abide by all of the parking regulations. (Please note: First-year students are not permitted to bring vehicles to campus unless a prior waiver is obtained.)
Shuttle
Champlain’s FREE shuttles run from the main campus to our Lakeside Campus (and satellite parking area) and also to the 194 Saint Paul Street apartments. champlain.edu/shuttle
Bicycle
Champlain offers FREE indoor bicycle storage and ChampShop-a full bicycle mechanic workshop. champlain.edu/bike
Walk
Champlain is just a short walk from downtown Burlington for shopping, groceries, restaurants and entertainment. champlain.edu/walk
CarShare Vermont
All full-time students and all employees of Champlain are eligible for discounted CarShare Vermont memberships. Leave your car at home and use someone else’s! champlain.edu/CarshareVT or carsharevt.org/campus/ s
City Bus
All Champlain College students and employees can ride any Green Mountain Transit City bus anytime, anywhere, for FREE by swiping their ID card. champlain.edu/GMT or rideGMT.com
Parking
All Champlain College students and employees must obtain a permit for their cars each semester regardless of where they park. First-year students are not permitted to bring vehicles to campus unless a prior waiver is obtained. Go to champlain.edu/parking for information* or champlain.thepermitstore.com to order a permit.
Long Distance Travel
Champlain is easily accessible to the Burlington International Airport and providers such as Amtrak, Greyhound, Megabus and VT Translines. Check for student discounts. champlain.edu/longdistancetravel
All transportation options are shown on our Transportation Google Map at champlain.edu/maps-and-directions.
More transportation questions? Visit champlain.edu/Transportation.
PARKING
*The full version of all Champlain College’s parking policies are available online at champlain.edu/parking. It is the students’ responsibility to review and understand this information.
Top 10 Things You Need To Know*
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PERMIT REQUIRED 24/7. ALL Champlain College students and employees must obtain a permit for their cars each semester, regardless of where or when they park. It’s easy and free in some cases. champlain.thepermitstore.com
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FREE COMMUTER PARKING. Parking is FREE at 175 Lakeside Avenue for Zone 1 permit holders. Champlain operates a free shuttle service seven days a week from Lakeside Campus to Main Campus. champlain.edu/shuttle
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RESIDENTIAL STUDENT PARKING. Residential students require a Zone 2 permit and are required to park at 175 Lakeside Avenue. Residential students may not park in the metered lots or along ANY city streets between 8 A.M. - 4 P.M., Monday-Friday.
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FIRST YEAR PARKING RESTRICTED. First-time, first-year students are not permitted to bring a vehicle to campus. A waiver is possible for students that meet eligibility criteria. champlain.edu/firstyearparking.
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PARKING PERMITS. When you purchase a parking permit, you are paying for the right to park in one of several zone-specific Champlain lots. On-street parking is not guaranteed.
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SHORT-TERM PARKING. All regular main campus parking lots are pay-per-use with an hourly fee and some have time limits. Payment is required between 8 A.M. - 4 P.M. using the ParkMobile app.
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ADJACENT STREETS. Champlain College students and employees are prohibited from parking on ANY Burlington street that is not specifically zoned for Champlain College affiliates. Students and employees are not considered “public” with regards to parking.
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RESTRICTED PARKING. Perry Hall/West Hall, Boardman Hall and Finney Quad are restricted and enforced 24 hours per day, seven days per week. Boardman Hall lot is for those who obtain a Zone 5 permit only. Perry Hall/West Hall lot is for visitors to the Admissions office only.
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VISITOR PARKING. Visitors should obtain a temporary guest permit prior to arrival on campus. This can be obtained by the Champlain employee hosting the guest using champlain.thepermitstore.com or by emailing the Transportation Office three days prior to the visit.
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GUARANTEED RIDE HOME. All permit holders in Zone 2 are automatically enrolled in CATMA’s Guaranteed Ride Home program, which provides for a free cab ride if the shuttles are not operating. All Zone 1 permit holders are also eligible to enroll. champlain.edu/CATMA
*The full version of all Champlain College’s parking policies are available online at champlain.edu/parking. It is the students’ responsibility to review and understand this information.
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