contribution as an institution of higher learning only if high
standards of courtesy and integrity are maintained by every
member
of the institute community. It is incumbent upon
students
to conduct themselves within the framework of
reasonable
rules and regulations designed to prevent
interference
with or obstruction of the orderly operation of the
institute.
Conduct which violates the elementary standards of
behavior necessary
to the maintenance of an educational milieu
or which
adversely affects the ability of others to pursue their
educational
goals may ultimately call into question the student’s
membership
in the institute community.
The purpose of this statement of policies and rules is to serve
both
the interests of the institute and the individual student by:
*specifying behavioral standards; and
*establishing a fundamentally fair and efficient process for
adjudicating complaints concerning student
misconduct
and student grievances.
The policies, rules and procedures described in this publication were
developed in good faith as part of the lawful educational
mission of
the institute. These policies may be subject to change
in the course of
the academic year.
This guide is published annually by the Office of Student Affairs.
The policies, rules, and procedures described within these pages
apply to all students of the institute—undergraduate, graduate,
and law; full-time and part-time, as well as students from grade
kindergarten through grade 12. New policies and procedures are
promulgated through the Office of the Vice President for
Student
Affairs and Enrollment Management.
For additional information regarding these policies and procedures,
contact the Office of Student Affairs.
Student Affairs Office
Xavier Mansion
Major School Rules
Failure to meet the following expectations is considered very serious
at Xavier’s. The expectations are listed in the order of their
importance. Although each situation will be considered
individually,
a breach of any of these rules can lead to
immediate
dismissal. It is important to realize that at times our
response to
some offenses may appear to the casual observer to
be more severe
than our responses to offenses which we have
listed as more serious.
Just as a parent may rebuke a child for
something relatively minor
but sit down and discuss a problem
of dishonesty for days,
we may not be as visibly harsh for some
of the more serious offenses
listed below. Often, the more
serious the offense, the harder it is to
quantify the appropriate
consequence and respond with a
specific penalty.
In dealing with each situation, whether the response is an immediate
restriction, or prolonged but less visible probation and
counseling,
we attempt to educate the student and parents as to
the
relative severity of the infraction:
*1. We expect you to have consideration for
the
personal and material rights of others.
For
example, bullying others, destroying property,
stealing from others, and possessing or using
weapons are totally unacceptable behaviors.
*2. We expect you to be honest with others in what you
do and say, and we expect the work you hand in
for
credit to be your own.
*3. We expect you not to use or possess drugs (or drug
paraphernalia including masks for drug use such
as, but
not limited to, Golden Seal) and alcohol or
to abuse
any substance when you are at the
school or
are participating in any school activities
or functions.
On campus, and in particular,
in-dorm violations,
of this rule will be dealt with
especially severely.
Those who associate with
students using drugs
and alcohol or abusing
substances and make
no obvious attempt to leave
the premises are liable
for the same penalties as
those who are directly
involved.
*4. We expect that, once you have checked in the
dormitory for the night, you will not leave the
dormitory.
*5. We expect all students attending or participating in
school events to exhibit a high standard of
sportsmanship and mannerly behavior.
*6. We expect boarders will neither keep nor operate
cars in the Salem Center area.
*7. We expect students not to smoke, use or possess
tobacco products at any time on campus or in the
Borough of Salem Center or while under the
school’s jurisdiction. Any use of fire in a school
building will be dealt with severely.
*8. We expect all students to adhere to the published
regulations for dorm visitations.
*9. We expect you to meet your school obligations.
Students are expected to be positive and cooperative in their dealings
with members of the school community. Unacceptable behavior
is a
violation of Major School Rules. Unacceptable behavior
includes, but
is not limited to, deliberate disobedience and/or
repeated or
egregious violation of dormitory rules, community
standards, or
additional policies as set forth in this Handbook.
The school reserves the right to require the withdrawal of any
student whose behavior or academic performance indicates an
inability or unwillingness to meet the requirements of the school
or
whose actions are injurious to self or others.
SCHOOL PHILOSOPHY
The Xavier Institute is an independent, non-sectarian and
not-for-profit, school composed of students, staff, and faculty
chosen
for their diverse talents and backgrounds. As in every
good school,
the members of the Xavier community gather to
commit themselves
to the intellectual, social, and moral growth
of each student, growth
that is designed to develop students
who are not only well prepared
for college, or graduate schools,
but also confident and assured of
their talent and their worth.
Our mission is to challenge students to
reach for levels of
academic and personal achievement they had not
attempted
before. Our mission requires of the community sufficient
resources, vision, and compassion to enable each student to take
these risks of education wisely and well.
The Xavier Institute believes in the dignity and worth of all
individuals. We believe that all young men and women possess
unique and valuable qualities, which, when developed, will
enable
them to be thoughtful and constructive members of
society. We
believe this development occurs through
involvement in a variety of
school and community activities.
Taken together, these activities
develop an appreciation for the
processes of learning and critical
thinking, a sensitivity to the
needs and qualities of others, a means of
clarifying ideals and
values, a sense of pride in oneself and the
community, and the
ability to make responsible decisions.
In order for an individual to be a contributing member of society, he
or she needs a strong sense of self-respect, as well as respect for
others. Xavier’s seeks to help students learn more about
themselves
as they develop self-discipline, initiative, and
personal values.
Xavier’s provides a curriculum and
environment conducive to
reaching these goals, challenging all
students to realize their potential
wherever that may lie. At the
heart of this challenge is participation,
through which Xavier’s
students are helped by adults, other students,
and
themselves.
Xavier sustains its commitment to the traditional intellectual
disciplines. In an increasingly complex society, students must
know
how to raise questions, weigh evidence, substantiate
opinions, make
decisions, and communicate ideas clearly and
effectively. Xavier’s
must cultivate in its students a genuine
regard for truth, knowledge
and understanding, as well as the
ability and perseverance to seek
them.
CITIZENSHIP
Xavier’s feels that it is important that all students are exposed to a
"Life's Curriculum" outside the classroom. Several components
of this
curriculum lead all students to consider the issues and
actions
involved in becoming better citizens, not just of the
Xavier’s
Community but also of all the communities in which
they live and
will live.
PERSONAL GROWTH:
School Prefects
Prefects are student leaders who serve as role models and promote
what is good and right. They work with students, faculty and
administration to make Xavier’s a place where all feel
comfortable
and welcome. Prefects befriend, guide and inform
students. A special
interest is placed on working with new
students of all ages. Prefects
attend training/orientation sessions
during the spring when they are
first selected and in late
summer before the beginning of the school
year. Prefects are
also required to attend weekly
training/information meetings
throughout the school year.
Community Prefects run required
weekly meetings of all 1st through
12th grade students, while
Dorm Prefects run dorm meetings when
required or needed.
Both types of meetings allow students to learn
and talk about
issues and concerns that are important to their lives
both here at
Xavier’s and the outside world.
Each student is required to participate significantly in an
extracurricular activity during one of the three terms each year.
Credit can be earned through participation on athletic teams, in
music and drama groups, or in school publications and clubs.
Criteria for credit are determined by each activity's faculty
advisor.
We believe very strongly that participation in activities
is an integral
part of each student's education at
Xavier’s.
SERVICE TO THE SCHOOL COMMUNITY:
The Work Program
The Xavier’s School Work Program aims to develop a keener sense of
responsibility in the Xavier’s community. By fostering the
philosophy
that the welfare of the whole depends on the
contributions of the
individual, the program strives to broaden
each student's educational
experience and create a more unified
and involved school
community. Each Xavier’s Institute student
is required to contribute
energy and time to the Work Program,
in a job assigned by the
Director of the Program.
Every student is assigned to a job for one term each academic year.
The jobs students perform are varied. Students work as
assistants
and messengers in campus offices, others monitor the
Memorial Art
Gallery or work in the library, while others help in
the kitchen or set
tables for family style dinner.
SERVICE TO THOSE IN NEED BEYOND THE
SCHOOL:
COMMUNITY SERVICE
The Community Service Program is an organization dedicated to
serving the surrounding community. Involved students visit the
elderly or the incarcerated, help with food and clothing drives,
tutor
area school children and help out local charities as needed.
The aims
of the Community Service Program are to promote
personal growth
and to interact with the community by
involving students in the lives
of others less fortunate than they.
All students are required to
participate in approved Community
Service Programs for 20 hours
during their stay at Xavier’s (5
hours for elementry
students).
EXPECTATIONS
Each of you comes to Xavier’s with certain expectations of the school.
Your individual set of expectations may differ from person to
person
according to your needs, but you would probably be
disappointed if
Xavier’s did not live up to its responsibilities to
you. As a school we
are committed to exposing you to excellence
in as many forms as we
can. We feel it is our responsibility to
provide you with an academic
and athletic challenge as well as
an environment in which you can
develop a healthy value
system and reach your maximum potential
as a person. Those
are our responsibilities, and we expect you to hold
us to them.
On the other hand, we cannot meet our responsibilities in the midst
of chaos. You, as students and members of the community, also
have
responsibilities to each other and to the community. If we
all
pull our own weight and meet our obligations, Xavier’s will
be the kind of
community in which we can all grow
together.
PHILOSOPHY of DISCIPLINE and PROCEDURES FOLLOWED:
The institute views discipline as a means to an end rather than an
end in itself. We use discipline as a catalyst to help students learn
to
accept responsibility for their own actions and behavior. The
ability
to accept such responsibility is one of the marks of a
mature person.
The first thing to remember when you are in difficulty is that there
are people at Xavier’s who can and want to help you. First on the
list
is your advisor whom you should contact immediately if you
are in
trouble. He or she is the first person the school contacts
when we
know there is a problem. Depending on the nature of
your problem,
others who are ready to help you include: Mr.
Xavier, Mr. Logan, Ms.
Grey, Mr. Stark, Mr. Faux, Mr. Lebeau,
and your dormitory
supervisors and resident faculty for matters
concerning the
dormitory. Use these people when you need help;
they care about
you.
Most decisions concerning discipline at Xavier’s are made by the
faculty involved. If you are having a problem in the dorm, the
problem will usually be handled in the dorm; if you run into a
problem in class or on an athletic team, those faculty involved
will
usually determine what should be done. Your advisor is
always
available to be involved—something you should
remember.
In situations involving a breach of a major school rule, or in cases
where a person is repeatedly having difficulty, your advisor and
Mr.
Logan or Ms. Grey will also become involved. If dismissal is
a
consideration, the Head of School will be consulted. All serious
offenses are discussed with the student, his or her advisor, Mr.
Logan
or Ms. Grey and the Head of School. In cases in which
there is a
consensus as to what the consequences ought to be, the
matter is
resolved by this group. In cases which require more
deliberation, or
in cases where consensus is not reached, the
Discipline Committee is
convened.
The Discipline Committee is composed of the following people: three
standing faculty members (appointed for the year), one of the
Deans
of Students, the student’s advisor, the student’s dormitory
supervisor
(if the student is a boarder), and two representatives
from the student
body(especially elected for this position). An
alternate standing
faculty member will augment the committee
in the cases of a day
student or when any other faculty member
is filling more than one
role. The student appears before this
group. After the Dean explains
the circumstances that brought
the student there, the student is free
to make any statement or
explanation he or she wishes. At this time
the members of the
committee will ask any questions they may have.
When
everyone is satisfied that all the facts are out, the student is
excused, and the committee deliberates. The committee,
(excluding
the Dean and Advisor), voting by a show of hands,
makes a
recommendation to the Head, who makes the ultimate
decision.
Remember, the most important person for you in any disciplinary
case is your advisor. He or she may or may not be your closest
personal adult friend at the school, but he or she is the person on
campus most concerned with your welfare. Use your advisor.
The following sanctions are used for serious disciplinary offenses and
are mentioned here to clarify any confusion there might be
concerning them.
SUSPENSION:
In School: A suspension in-school requires that a student meet all of
his or her obligations but not be allowed to participate in any
extra-curricular activties. by restricting the student’s
participation,
we hope to emphasize the importance of the
educational opportunity
that Xavier’s provides and that
separation from the community may
result should the student
violate other rules.
Dormitory or Off Campus restriction: Occasionally suspensions
entail sending a student to either their dormitories or to their
off-campus residences to provide an opportunity for the student
and
his or her family to discuss what the student has at risk by
not
adhering to the school’s rules. In the event of an independant
student, a written warning will be issued. Less tolerance is
offered for
our independant students as they are acting as adults,
in that they
answer to only themselves.
PROBATION:
Probation is a punishment which falls one step short of dismissal.
Once on probation, you bear the burden of demonstrating to the
institute community that you want to remain in the Xavier’s
community. Probation is assigned for a specific duration and
may
include a loss of some or all privileges.
DISMISSAL:
Dismissal is the ultimate punishment and is recorded as part of the
permanent school transcript. Once dismissed, the student is
required
to depart from campus immediately unless an extension
is granted
due to unusual circumstances. All institute property
must be
returned to the appropriate individuals.
REPORTING TO COLLEGES:
The Xavier’s Institute and administration have adopted the following
policy regarding the reporting of disciplinary matters to the
colleges:
*1. The College Office will report disciplinary action regarding
suspension or probation for cheating, plagiarism, theft, or
actions
deemed to be threatening to the health and safety of
others.
Likewise, should a senior be suspended or placed on
probation for
any of the above after the Secondary School
(Counselor’s) Report
has been sent, that information will be
forwarded in a timely
fashion.
*2. Should a student be dismissed or encouraged to withdraw
from Xavier’s during the senior year, the College Office will
give
the student ten days to notify the college of the change in
status.
After ten days, the College Office, in conjunction with
the
Registrar, will send a final Xavier’s transcript which will
state that
the student has withdrawn, and the college should
anticipate a
final transcript from the high school where the
student has
entered.
BOARDING LIFE
Boarding Expectations:
As a boarding student at Xavier’s, you are expected to:
*1. Make a positive effort to get along with others in
your dorm.
*2. Work at living harmoniously with your roommate
by making reasonable accommodations and
allowances for personal differences.
*3. Treat your room, lounge, and dorm with respect.
*4. Understand that you are one of many living in
common spaces.
*5. Follow all school and dorm rules and procedures.
While we do not expect all dorm people and roommates to be best
friends, we expect everyone to show respect for others in all that
they
do and say. Dorm supervisors and dorm faculty will
respond to and
deal with unhealthy dorm and roommate
situations. If the need
arises, the Dean of Students will become
involved with individuals
who are incapable of or unwilling to
adhere to the school’s
expectations mentioned above.
Boarders Riding in Cars:
Boarding students may always ride in cars driven by faculty
members or members of your own family. Depending on the type
of
permission your parents have granted you, you may also ride
with
day students, their parents, or others. However, each and
every time
you wish to do so you must obtain a written car note
from a member
of the faculty. Until student ID cards are issued,
you must receive car
permission from one of the faculty who
works in your dorm. After ID
cards are issued, you may obtain car
permission from any faculty
member if you can produce your ID
card when requesting a note.
Please remember that the faculty
member will reserve the right to
refuse your request if it does not
appear to be a good one.
Boundaries:
Students are free to go into the Borough of Salem Center any time
during the day when they do not have an academic commitment.
Boarding students who go into town after dark need to sign out in
their dorms. There are several stores and restaurants that students
will want to visit. However, all alleys and places behind
businesses,
public buildings, churches, and other buildings are
strictly off limits
to Xavier students; the area of the Salem Center
Housing Authority is
also off limits. There is no reason for
students to be in any of these
places.
DORM VISITATION:
Students may visit someone of the opposite sex only in dorm lounges
, located on the bottom floor of the dormitories, during the course
of
the day. Rooms and hallways are off-limits. Students may visit
in
dormitory lounges during study hall with faculty permission.
CURFEWS:
All students must adhere to an on campus curfew.
*For elementary students, or students under the age of 16,
a school day curfew of 8PM is in effect. Lights out by 10 PM.
*For high school students, a school day curfew of 9PM is in effect.
Lights out by 11PM.
*For weekends or off school days, all hours are increased by 1.
E-MAIL PRIVACY:
Xavier’s treats electronic mail as analogous to ordinary paper mail.
We expect students to respect the privacy of E-Mail messages, and
the school will respect it also. No one will read personal mail
unless
the recipient gives permission. On the other hand, the
recipient of an
E-Mail message may choose to share it with others.
(As a matter of
manners, however, one should not share an E-Mail
message with a
wide audience unless the author has agreed).
Similarly, the contents
of one’s files on the network will be
considered private. An exception
is made for "executable" files and
programs which may affect the
operation of the network. Xavier’s
reserves the right to inspect user
directories for such files and to
remove them if found.
Students need to be aware that tampering with another’s E-Mail,
stealing passwords, sending offensive or intimidating messages,
and
sending a message while masquerading as another will lead to
a
strong disciplinary response as they are violations of our first
and
second major school rules.
SUSPICION OF STUDENT USE of DRUGS or ALCOHOL:
If a student’s behavior gives a faculty member cause for concern, that
student will be confronted immediately. If this confrontation leads
the faculty member to believe that the student is under the
influence
of drugs or alcohol, the student will be escorted to the
Health Center
and examined by the chief medical officer, and one
of the Deans of
Students or the Head of School will be called. If
there is still question
in the minds of this group concerning the use
of drugs or alcohol,
then the chief medical officer, in consultation
with the Dean and
faculty member, will then determine if the
student needs to be tested
or treated for drugs or alcohol use.
TOBACCO ODOR:
Whenever a faculty member determines that a student smells of
tobacco, that faculty member will speak directly to the student,
telling the student that the odor of tobacco is detectable and that
tobacco use is unacceptable. The faculty member should also
inform
the student that his or her advisor, dorm supervisor, and
the Dean of
Students will be informed of this occurrence. The
Dean of Students,
when informed of a second detection, will meet
with the student and
his or her advisor. The student’s parents will
then be notified in
writing of the school’s concern about tobacco
and that smelling of
tobacco is unacceptable. (In the event of an
independant student, the
Dean of Students will make the decesion
on disciplinary action.) The
Dean of Students will take whatever
action he feels is necessary when
dealing with subsequent
detection of tobacco odor.
An Xavier student who has been found guilty of a violation of major
school rule number 7 (tobacco use) may have a maximum of one
violation removed from his or her record after demonstrating that
he
or she has completed a tobacco cessation program and then
gone an
entire year (365) days) without another tobacco violation.
Room Searches:
Dorm rooms are the property of the institute, which reserves the
right to search them for illegal contents. Rooms will not be
searched
without good cause, and every attempt will be made to
have the
room’s occupant present when a search is made. If the
room’s
occupant is unavailable, another student (preferably a
prefect) must
be present while a search is conducted. It is
important to remember,
however, that the Salem Center Police, the
NY State Police, and other
law enforcement authorities have their
own policies for searching
rooms. If the police have a good reason
for wanting to search an
institute room, the institute will cooperate
with them in their search.
Students should be aware that they face
possible disciplinary
responses for items discovered in a search of
their rooms.
Weekends:
Open: Each year the Dormitory Council establishes the number of
open weekends, based on your class at Xavier’s, (in addition to
Long
Weekends, extended weekends, and Parents Weekends) that
a
boarding student may sign out for. All students must remain on
campus for closed weekends.
Boarding students must sign out for an open weekend in the Dean’s
office by 4:OO P.M. on Friday. A parent or guardian must call the
Dean’s office to give permission for all underclassmen sign-outs to
places other than your parents’ or guardians’ homes. If you sign
out
for a weekend, we expect that you will not return to campus
before
6:00 AM the next morning. If you sign out for a weekend
and return
to campus with a car (only with the Dean’s
permission), you must
inform the person on duty in your dorm
that night and surrender
your car keys for the time you are on
campus. You may not transport
boarding students without
securing the proper permission.
Closed: Permission to leave the institute for a closed weekend will
not, in most cases, be granted. There are only a few closed
weekends
during the year, and these are closed for good reasons.
If you have an
extraordinary reason for leaving school on a closed
weekend, go to
the office of Ms. Grey’s for consideration well in
advance of the date
of your request.
General Policy Statements
Nondiscrimination Statement
The Xavier Institute does not discriminate on the basis of race,
religion, age, color, national origin, sex, sexual orientation or
disability in its programs, activities, or employment practices.
Inquires regarding discrimination related to educational programs
and activities should be directed to [VACANT], Associate Vice
President for Student Affairs, Xavier Institute. Inquiries regarding
employment discrimination should be directed to [VACANT],
Affirmative Action Officer, Xavier Institute.
Accessibility Policy
The Xavier Institute is committed to providing barrier-free education
to physically handicapped students and is actively working to
bring
its facilities and programs into full compliance with the
Rehabilitation Act of 1973 as amended (P.L. 93-112, P.L. 93-516). It
is
the policy of the institute to reassign classes to accessible
buildings
whenever conflict arises for a handicapped student.
Cancelled Classes
In general, the institute will not close unless weather conditions make
this action absolutely necessary. Decisions for morning closings
will
be made by 6:30 a.m. Decisions affecting evening classes will
be made
by 4:00 p.m. Closing announcements can be heard on the
following
radio/television stations:
[1260AM](NOT IRL)
You may also call the institute weather line as to the status of classes
and the closing of the institute.
Disabilities Documentation Policy
It is the policy of the Xavier Institute to provide reasonable
accommodations for students with disabilities. In order to provide
academic adjustments, proper documentation is required and
must
be presented to the director of disability support services (for
liberal
arts and business students) or to the associate dean for
student affairs
(law school). Students with sensory (visual,
hearing), physical
(mobility) or other health impairments
(epilepsy, AIDS) are required
to provide medical reports or a letter
from a physician responsible for
treating the student. This
documentation must be provided whether
the condition is
permanent or temporary (broken leg, etc.).
Students with learning disabilities (LD) must provide current
documentation (within 3 years) of the LD diagnosis. Results of
assessments conducted prior to attendance at the institute are
deemed inadequate. This documentation will be reviewed by the
Office of Disability Support Services for all students and by the
associate dean for student affairs for law students. Documentation
for
LD students must be prepared by a professional qualified to
diagnose
a learning disability, including but not limited to a
licensed
psychiatrist, learning disability specialist, or psychologist.
Documentation from a L.C.S.W. will not be considered as the sole
criterion for providing services. Documentation for a learning
disability must include the testing procedures followed, the
instruments used to assess the disability, the test results and an
interpretation of the test results.
Documentation for all undergraduates and graduates will be retained
in the Office of Disability Support Services, and for law students,
documentation will remain in the office of the associate dean for
student affairs. Documentation will remain in these offices for the
duration of the student’s academic career and will be kept
confidential. Upon graduation, documentation will be destroyed
unless the student requests that it be returned to him/her.
Destructive Groups
Clubs and organizations are an important social and educational
component to the life of a student at the Xavier Institute and all
students are encouraged to participate to the extend that their
schedule allows. On occasion, however, a group may choose to
use
less than positive means to recruit, motivate, and retain their
members. Should students feel that a institute club or organization
is
not appropriately recruiting or retaining members, they should
contact the Office of Student Affairs.
Elevators
The elevator’s in all campus buildings are for staff, faculty, and
students who are handicapped. Handicapped students have
priority.
Emergency Measures
In the event that an illness or an accident requiring first aid treatment
occurs in the classroom or on institute property at any time, notify
a
public safety officer. Medical treatment for minor problems is
available at the Xavier Medical Center located on institute
grounds.
Grades
Institute policy forbids the public display of student grades in any
form including the use of the telephone to inform students of their
grades.
At the option of the instructor, arrangements may be made
to
inform students of particular course grades by personal mail
only.
Official grade reports are sent to each student within three
weeks of
the end of each semester period. Students may use the
internet to
access their files for grades.
Hazing Policy
Hazing, in any form, is against the law and is prohibited at the Xavier
Institute. When this policy is violated, action maybe taken against
all
participants, including pledges, through the university’s
disciplinary
procedures.
The definition of hazing, adopted for use within this policy, follows
closely that adopted by the College Fraternities Secretaries
Association. Hazing is defined as any action taken or situation
created intentionally, whether on- or off-campus, to produce
mental
or physical discomfort, embarrassment, harassment, or
ridicule.
I.D. Cards
Institute photo identification cards are issued or validated for all
students by the Department of Public Safety at the time of
registration. The card must be carried at all times while on
institute
property. On weekends and holidays, when the
university is not
open for official business, it is required that
students show their I.D.
and sign the visitors’ log. This card must
be used to borrow books
from the libraries and for admission to
institute events. A lost I.D.
card is to be reported to the
Department of Public Safety. A
replacement card will be issued for
$5.
Privacy Act
Public Law 93-380 (Family Educational Rights and Privacy Act of
1974, also known as the “The Buckley Amendment”) provides
certain
rights to students (and in some cases parents) concerning
access to
educational records. Briefly, these rights are of two kinds:
*the student has the right to examine his/her records, to
challenge items the student believes are incorrect, and to
appeal
a decision made by the institute concerning such
items to the
Department of Education;
*the student’s privacy rights may not be waived without the
student’s written consent, except to authorized personnel of
the
institute and other educational institutions. The act
provides
that certain items designated as directory
information may be
released by the institute. A complete
copy of the HEW
regulations from the Federal Register of
June 17, 1976 is
available in the Office of the Vice President
of Student Affairs
and Enrollment Management. Offices
where students’ records
are kept are Records and
Transcripts and, in some cases as
applicable, Financial Aid,
vice president for student affairs and
enrollment
management, Admissions, Law Admissions, and
those of the
academic deans.
Rape and Sexual Offenses Policy
The New York State policy on sexual assault is on file in the office of
the associate vice president for student affairs.
*Policy
The Xavier Institute and its constituent institutions adopt this
policy on sexual assault, consistent with the requirements of
(i)
Section 484(f) of the Higher Education Act of 1965, as
amended
by Section 486 (c) (2) of the Higher Education
Amendments of
1992, and (II) Section 11-701 of the
Education Article of the
Annotated Code of New York State
This policy applies to all
students and employees, both
faculty and non-faculty, of the
Xavier Institute or its
constituent institutions.
initions
The following policy recognizes two levels of sexual
assault.
Sexual Assault I
By stranger or acquaintance, rape, forcible sodomy or forcible
sexual penetration, however slight, of another person’s anal
or
genital opening with any object. These acts must be
committed
either by force, threat, intimidation or through
the use of the
victim’s mental or physical helplessness of
which the accused
was aware or should have been aware.
Sexual Assault II
By stranger or acquaintance, the touch of any unwilling
person’s intimate part (defined as genitalia, groin, breast, or
buttocks or clothing covering them) or forcing an unwilling
person to touch another’s intimate parts. These acts must be
committed either by force, threat, intimidation or through
the
use of the victim’s mental or physical helplessness of
which the
accused was aware or should have been
aware.
Reporting Procedure
Victims are encouraged to report any sexual assault, rape or
any
sexual offense/contact, either forcible or non forcible, to the
Campus Police, Institute State Health Services or the Human
Resources Office, who are trained and willing to assist the
victim in contacting medical and/or law enforcement
professionals, or the Victim/Witness Advocacy Team. (See
description under Victim/Witness Advocacy Program).
Victims of sexual assault are urged to contact law enforcement
or medical personnel as soon as possible following the
occurrence to receive guidance in the preservation of
evidence
needed for proof of criminal assaults and the
apprehension and
prosecution of assailants. Through its
concurrent Jurisdiction
and Mutual Aid Agreement with the
New York City Police
Department, the Campus Police have
access to the New York
City Police crime lab and other
investigating units upon
request.
Victim's Services
Victims of sexual assault have access to counseling through a
institute-associated psychotherapist or referral to nearby
community resources. After a sexual assault has been
reported,
and upon the request of the alleged victim, the
victim shall be
offered an alternative academic or
employment situation if such
an alternative is available,
feasible, and appropriate to the facts
of the reported
assault.
Student Disciplinary Procedures
Violations of law and institute policies and regulations
regarding rape
or sexual offenses will be subject to
prosecution through both
legal and civil authorities, and the campus judicial system. The
range of institute penalties shall include, but are not limited
to
one or more of the following: alteration of class schedule,
disciplinary reprimand, loss of privilege, restitution,
disciplinary probation, disciplinary suspension, disciplinary
dismissal, and disciplinary expulsion.
The on-campus procedures guarantee that:
*the accuser and the accused are entitled to the same
opportunities to have others present during a campus
disciplinary proceeding;
*both the accuser and accused shall be informed of the
outcome or any campus disciplinary proceeding
brought
alleging a sexual assault,
*the accuser and the accused will be treated with dignity,
courtesy, and professionalism, and
*that while the offense must be reported according to
federal reporting mandates and New York State law,
the
victim’s right to choose the course of action to be or
not to
be taken will be upheld.
Employee Disciplinary Procedures
No disciplinary actions will be rendered until a thorough
investigation of the alleged offense has been
completed.
Violations of laws and institute policies and regulations
regarding rape or sexual offenses will be subject to
prosecution
through both legal and civil authorities, and the
appropriate
employee disciplinary procedures. The range of
institute
penalties shall include, but are not limited to one or
more of the
following: counseling, reprimand, suspension, or
termination.
Employees accused of rape or a sexual offense are entitled to
avail themselves of the appropriate grievance process for
their
category of employment. Information on grievance
processes is
available from the Human Resources Office. The
institute
procedures guarantee that:
*both the accuser and the accused shall be informed of
the
disposition of the sexual assault complaint,
*the accuser and the accused will be treated with
dignity,
courtesy, and professionalism, and
*that while the offense must be reported according to
federal reporting mandates and New York State law,
the
victim’s right to choose the course of action to be or
not to
be taken will be upheld.
Rape and Sexual Offense Awareness
Educational and
Counseling Programs
Through the auspices of the New York State Health Services,
the institute offers numerous educational programs for the
awareness and prevention of sexual offenses and
counseling
services for the victims/survivors of sexual
assaults.
New York State Health Services, in conjunction with Xavier
Institute Medical Department offers confidential assessment
and referral for treatment using mental health services in the
community including individual/group therapy and peer
group support. A current list of advocates (survivors of
sexual
trauma) is maintained for student/employee outreach
should
the need arise.
The institute community is notified of services through
prevention programs, university publications, flyers on
bulletin
boards, and by calling the Institute Health Services
or the Office
of Student Affairs for specific information.
In cooperation between the Center for Student Involvement
and the Campus Police, a Rape Aggression Defense Program
(RAD) is offered to female employees and students by a
university police officer, certified as a RAD instructor.
Persons wishing more information are encouraged to contact
Institute Health Services, Campus Police, the Center for
Student
Involvement and/or the Human Resources Office.
Please see
the Victim/Witness Advocacy Program below.
Smoking Policy
Smoking can be hazardous to health for smokers and non-smokers
alike. It can contribute to heart attack, stroke, high blood pressure,
emphysema, and several forms of cancer. The Xavier Institute has
taken positive steps toward providing for all employees and
students
a smoke-free environment in which smoking is
prohibited within all
Institute buildings. This no-smoking policy
stresses compliance on
the part of employees and students. While
it is best to rely on
common courtesy for colleagues and classmates
to ensure the success
of this policy, the university is prepared to
enforce it with formal
sanctions. Visitors who refuse to comply
with this policy will be
required to leave institute premises.
Parking and Traffic Regulations
Parking and traffic regulations are formulated and enforced through
the Office of Parking Services and the Department of Public Safety,
which publish periodic revisions of regulations. Copies of these
regulations are available in these offices and the Business Office.
Students are responsible for familiarizing themselves with these
regulations and abiding by them. Violations of these regulations
may
result in disciplinary procedures as described herein.
Victim/Witness Advocacy Program
The Xavier Institute is aware that often a victim of or witness to a
crime is confused, uncertain, and unaware of the criminal and civil
procedures, the internal campus judicial system, or the many
medical, emotional, trauma, and counseling support groups and
services that are available. In order to lessen the concerns of a
victim/witness, the institute has established a Victim/Witness
Advocacy Program and an Advocacy Team to coach and mentor
a
victim or witness through the various processes or services.
Procedures
The Advocacy Team consists of the associate vice president for
student affairs, a representative from student health services, and
the
director of public safety/chief of police.
An individual having the need for assistance or information is
invited to contact any one of the three persons listed above. At the
request of the victim/witness, and depending upon the services
required, a collective decision will be made to assign a member of
the
Advocacy Team to the victim/witness.