Student Policies and Regulations

Introduction

All of the following regulations apply to University of Rio Grande and Rio Grande Community College students. The regulations at the University and Community College are designed to accommodate and facilitate the growth and development of each student. The University and Community College community expects all students to commit themselves to the assumption of responsibility for other members of the community, as well as for themselves. The regulations stem from one basic premise; i.e. all students should expect to attend the University of Rio Grande without encroachment upon their rights. The following regulations are for the welfare of the student. They have been recommended by the Student Development Committee, approved by the President of the University and of the Community College and ratified by the Board of Trustees of the University of Rio Grande and Rio Grande Community College. When a student’s actions interfere with the educational program of the University or Community College or with the welfare of the University and Community College community, the University and Community College will take appropriate action to correct the matter. The University and Community College Hearing System is designed to hear appeals and to give decisions in cases of alleged violations of University or Community College regulations, which include recommendations for corrective measures. The University and Community College administration and faculty have been delegated the authority to administer policy and students should expect to abide by legitimate requests of duly constituted University and Community College authorities.

The following pages include policies, regulations, and explanations concerning what is expected of University of Rio Grande and Rio Grande Community College students. No listing of specific rules can be expected to cover every situation, in which a student may be involved; questionable behavior not covered by the following policies will be judged by its relationship to, or influence on, the objectives and mission of the University and Community College.

Campus Freedom of Expression Policy

Preamble

Freedom of expression is the cornerstone of American higher education. Our right to the freedom of speech is secured and protected by the First Amendment of the Constitution. Open discourse among individuals is critical to deeper learning and growth. Furthermore, as institution of higher education, we are called to prepare learners to solve current and future challenges to our society and to foster a respect for differing viewpoints. Freedom of expression is a pivotal right to continue to help our society grow and better prepare our students for their futures.

The University of Rio Grande and Rio Grande Community College (hereafter known together as the “College”) is a place of learning, and we strive to create a supportive educational environment for students. This includes a community where students feel supported and safe to share their thoughts and ideas. Equally as important, students should not feel targeted or discriminated against as a result of freedom of speech. The College places the utmost value for students to freely express themselves and learn, while not being the target of discrimination, nor their freedom of speech censored. We as a community must strive for excellence, to support one another, and grow to become contributing members of society.

Definitions as used in this Policy

College: University of Rio Grande and Rio Grande Community College.

Constitutional time, place, and manner restrictions: Restrictions on the time, place, and manner of free speech that do not violate the First Amendment to the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution that are reasonable, content- and viewpoint-neutral, narrowly tailored to satisfy a significant institutional interest, and leave open ample alternative channels for the communication of the information or message to its intended audience.

Faculty or faculty member: Any person, whether or not the person is compensated by the College, and regardless of political affiliation, who is tasked with providing scholarship, academic research, or teaching. For purposes of this part, the term “faculty” includes tenured and nontenured professors, adjunct professors, visiting professors, lecturers, graduate student instructors, and those in comparable positions, however titled. For purposes of this section, the term “faculty” does not include persons whose primary responsibilities are administrative or managerial.

Free speech: Speech, expression, or assemblies protected by the First Amendment to the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution, verbal or written, including, but not limited to, all forms of peaceful assembly, protests, demonstrations, rallies, vigils, marches, public speaking, distribution of printed materials, carrying signs, displays, or circulating petitions. “Free speech” does not include unlawful activities or the promotion, sale, or distribution of any product or service.

Harassment: Conduct not protected by the First Amendment to the United States Constitution or Article I of the Ohio Constitution, that is unwelcome and so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the individual’s education program or activity.

Materially and substantially disrupts: When a person, with the intent to, or with knowledge of doing so, significantly hinders another person’s or group’s expressive activity, prevents communication of their message, or prevents the transaction of the business of a lawful meeting, gathering, or procession by either:

1. Engaging in violent or otherwise unlawful behavior; or
2. Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity. This shall not include conduct that is protected under the First Amendment to the United States Constitution or Section 3 of Article I of the Ohio Constitution.

Student: Any person who is enrolled on a full-time or part-time basis at the College. For purposes of this section, the term “student” also includes “student groups.”

Student group: An officially recognized group at the College, or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the College.

Policy

1. The College complies with R.C. 3345.0212 - R.C. 3345.0215 and affirms the following principles:
   1. Students have a fundamental constitutional right to free speech.
   2. The College is committed to giving students broad latitude to speak, write, listen, challenge, learn, and discuss any issue, subject to division (B) - (D) of this section.
   3. The College is committed to maintaining a campus as a marketplace of ideas for all students and all faculty in which the free exchange of ideas is not to be suppressed because the ideas put forth are thought by some or even by most members of the institution’s community to be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
   4. It is for the College’s individual students and faculty to make judgments about ideas for themselves, and to act on those judgments not by seeking to suppress free speech, but by openly and vigorously contesting the ideas that they oppose.
   5. It is not the proper role of the College to attempt to shield individuals from free speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
   6. Although the College greatly values civility and mutual respect, concerns about civility and mutual respect shall never be used by the College as a justification for closing off the discussion of ideas, however offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed those ideas may be to some students or faculty.
   7. Although students and faculty are free to state their own views about and contest the views expressed on campus, and to state their own views about and contest speakers who are invited to express their views on the College’s campus, they may not substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject or even loathe. To this end, the College has a responsibility to promote a lively and fearless freedom of debate and deliberation and protect that freedom.
   8. The College shall be committed to providing an atmosphere that is most conducive to speculation, experimentation, and creation by all students and all faculty, who shall always remain free to inquire, to study and to evaluate, and to gain new understanding.
   9. The primary responsibility of faculty is to engage an honest, courageous, and persistent effort to search out and communicate the truth that lies in the areas of their competence.
2. Nothing within this Policy shall be interpreted as preventing the College from imposing measures under its policies and procedures that do not violate the First Amendment of the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution, such as:
   1. Constitutional time, place and manner restrictions;
   2. Reasonable and viewpoint-neutral restrictions in nonpublic forums;
   3. Restricting the use of the College’s property to protect the free speech rights of students and faculty members and preserve the use of the property for the advancement of the College’s mission;
   4. Prohibiting or limiting speech, expression, or assemblies that are not protected by the First Amendment to the United States Constitution or Article 1, Sections 3 and 11 of the Ohio Constitution; and
   5. Content restrictions on speech that are reasonably related to a legitimate pedagogical purpose, such as classroom rules enacted by faculty.
3. Nothing in this Policy shall be interpreted as granting students, student groups, or faculty the right to engage in conduct that is not protected under the First Amendment to the United States Constitution or Section 3 of Article I of the Ohio Constitution which constitutes:
   1. Conduct that materially and substantially disrupts the functioning of the College;
   2. Conduct that disrupts previously scheduled or reserved activities occurring in a traditional public forum;
   3. Conduct that intentionally, materially, and substantially disrupts another student, student group, or faculty member’s free speech activity on campus; or
   4. Conduct that is unlawful, constitutes harassment, or constitutes a threat of violence.
4. Nothing in this Policy shall be interpreted as restricting or impairing the College’s obligations under federal law including, but not limited to, Title IV of the Higher Education Act of 1965, Title VI of the Civil Rights Act of 1962, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans With Disabilities Act.

Procedure

1. The College’s procedures comply with Ohio Revised Code 3345.0215 and the standards adopted by the Ohio Department of Higher Education for public colleges.
2. If a member of faculty or other employee feels that their freedom of expression and the fundamental constitutional right to free speech on campus has been violated by an employee of the College, the faculty member may file an internal complaint with the Chief Operating Officer within thirty (30) days of the alleged violation. All complaints will then be provided to the Vice-President of Human Resources, who will investigate the complaint as appropriate. A fair and impartial hearing will be conducted on the alleged violation pursuant to the College’s Policies and Procedures Manual and/or collective bargaining agreement, as applicable.
3. If a student or student group feels that their freedom of expression and the fundamental constitutional right to free speech on campus has been violated by an employee of the College, the student or student group may file a complaint using the Student Complaint Form within thirty (30) days of the alleged violation. A formal complaint must be reported by the complainant using the incident form which can be found at following web address https://www.rio.edu/documents/non-academic-student-complaint-form. Complaints will be received by the Vice-President of Student Affairs, who will investigate the complaint as appropriate. A fair and impartial hearing will be conducted on the alleged violation, pursuant to the applicable provisions of the Community Code (Student Code of Conduct) Policy.
4. Violations and non-compliance with this Campus Freedom of Expression Policy by an employee, faculty member, student, or student group, may result in disciplinary actions and sanctions, up to and including termination of employment or dismissal from the College pursuant to the College’s Corrective Action and Termination Policy (4.21), collective bargaining agreement, or the College’s Community Code, as applicable. If a Rio Grande Community College employee, student, or student group is found to have violated this Policy, the Rio Grande Community College Board of Trustees shall determine the ultimate resolution to address the violation and to prevent further violations of this Policy. If a University of Rio Grande employee, faculty member, student, or student group is found to have violated this Policy, the University of Rio Grande’s President shall determine the ultimate resolution to address the violation and to prevent further violations of this Policy

Retaliation

No person shall retaliate against a student, student group, or faculty member for reporting a violation of freedom of expression, filing a complaint, participating in an investigation, participating in resolution of a complaint, implementing measures that would prevent further violation of this Policy, or any other activity protected under this Policy, regardless of the outcome. Any act of retaliation or reprisal violates this Policy and will be treated as a separate violation. Anyone found to have retaliated against someone making use of this Policy will be subject to corrective actions, up to and including termination of employment or dismissal from the College.

Reporting

The College will, annually, report to the chancellor, in a form and manner prescribed by the chancellor, both of the following regarding complaints submitted in the academic year under the process prescribed above:

1. The total number of submitted complaints;
2. For each submitted complaint, a description of all of the following:
   1. The College’s investigation regarding the complaint;
   2. The outcome of the hearing conducted by the College regarding the complaint; and
   3. If the hearing determines the College’s Policy was violated, the resolution reached to address that violation.

Alcoholic Beverages

The possession and use of alcoholic beverages by students on the campus of the University of Rio Grande and Rio Grande Community College is prohibited and strictly enforced. The only exception is alcohol at approved social functions. The excessive use of alcoholic beverages on or off the campus is prohibited and may result in disciplinary action. Any conduct which is in violation of the Ohio Liquor Control Law (title 43 of the Ohio Revised Code), on or off campus, is prohibited and strictly enforced. Students are legally responsible to civil authorities for violations of the alcohol laws of the State of Ohio and the Village of Rio Grande.

The alcohol policy is intended to define guidelines for those students who choose to use alcoholic beverages. The alcohol policy promotes responsible use of alcohol and is consistent with the laws of the State of Ohio.

• Alcohol is not permitted in the Residence Halls. This would include all open and unopened cans, bottles decanters, kegs or any and all other forms of alcohol beverage packaging. (Residual alcohol beverage liquid need not be present to be in violation.)
• Advertising regarding alcohol or alcohol related events must be approved by the Director of Residence of Life.
• Any off-campus event held by a recognized University or Community College organization must comply with the laws of the State of Ohio.
• The University of Rio Grande and Rio Grande Community College reserves the right to use parental notification after two alcohol violations if the student is under the age of 21 years.
• All student organizations sponsoring social events that will have alcoholic beverages are permitted during Greek Games. Failure to abide by University and Community College regulations may result in denial of future social events, disciplinary action, and/or temporary suspension to the sponsoring organization.

Health Risk of Alcohol

The United States Department of Education has provided the following information concerning health risks of alcohol. Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increases the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are a greater risk than other youngsters of becoming alcoholics.

Some people are more susceptible to becoming addicted to alcohol than are others. This addiction, called alcoholism, is more likely to occur if a person drinks alcohol regularly at a young age (before 18) and/or if a parent, grandparent, aunt, uncle, brother, or sister is an alcoholic. There is, as yet, no way to know who is most susceptible to developing alcoholism or any other adverse health effect from alcohol.

Illegal Drugs

As academic institutions, the University of Rio Grande and Rio Grande Community College’s goals are to alleviate the problem of illegal drug use, preferably in a manner that educates rather than one that punishes. However, the University of Rio Grande and Rio Grande Community College are subject to the same local, state, and federal laws that govern all citizens, including those that concern the use, sale, and possession of drugs. Therefore, engaging in such illegal actions will be subject to disciplinary procedure up to and including suspension and expulsion. Individuals cannot be protected by the University or Community College from the possible additional legal consequences of their acts.

Regulations

• University of Rio Grande and Rio Grande Community College consider the use, possession, cultivations, sale, distribution, or transfer of any unlawful drug, including marijuana, unacceptable behavior and incompatible with the educational goals of the University and Community College.
• Students are considered to be responsible adult citizens, and as such, are subject to criminal law. In accordance with federal as well as local laws, the illegal use, possession, cultivation, sale, distribution, or transfer of any drug, narcotic, or hallucinogenic substance, including marijuana, is strictly prohibited.
• Remaining in an environment where illegal substances are being used constitutes grounds for disciplinary action.
• Misconduct resulting from the illegal possession, consumption, sale, cultivation, transfer of drugs, or narcotics renders the person subject to action ranging from rehabilitative consultation, probation, dismissal from the residence halls and up to and including suspension or dismissal from the University or Community College.
• The University or Community College’s disposition of individual cases does not preclude criminal prosecution in accordance with federal and/or state laws.

Student Substance Abuse Policy

Scope

The University of Rio Grande and Rio Grande Community College (collectively “Rio Grande) hereby adopt the following STUDENT SUBSTANCE ABUSE POLICY. This policy is applicable to all students of Rio Grande who participate in a classroom or clinical experience, which requires drug and/or alcohol testing.

This policy prohibits the distribution, possession, sale, or use of any drug or controlled substance as defined by sections 2925.01, 3719.01, and 4729.01 of the Ohio Revised Code, except in accordance with a valid pharmaceutical prescription, including but not limited to while in the classroom, on clinical assignment or otherwise engaging in prohibited conduct constitutes grounds for disciplinary action, up to and including expulsion, as set forth in the Rio Grande Student Handbook.

Purpose

The Student Substance Abuse Policy is intended to:

• Establish and maintain a safe, healthy learning environment for all students.
• Provide a safe, healthy environment for patients while providing care, as applicable.
• Preserve the reputation of Rio Grande, including the reputation of its employees.

Rio Grande recognizes substance abuse as serious problem affecting students and will enforce all rules and/or policies regarding alcohol and illegal drugs. All programs affiliated with Rio Grande support and will cooperate with authorities at the local, state, and federal levels regarding the regulation of alcohol and drug abuse. Students will not be afforded protection from prosecution under federal, state, or local law for engaging in acts that violate this policy.

Relevant Policies

Possession/use of Illegal Drugs or Alcoholic Beverages:

A student, while at school or in a clinical setting, shall not possess, use, transmit, conceal, be under the influence of, or show any sign of consumption/use of any alcoholic beverage, illegal drug, hallucinogen, barbiturate, amphetamine, or paraphernalia. Possession and/or use shall include, but is not limited to any of the following:

1. Drugs, alcohol and/or objects carried or concealed on one’s person.
2. Drugs, alcohol and/or objects contained in one’s personal belongings.
3. Drugs, alcohol and/or objects contained in a vehicle owned or driven by such a person.
4. An odor of drugs/alcohol and/or displaying physical signs of drug/alcohol use.
5. Use of alcohol/drugs as verified by a drug screen, or the refusal by a student to submit to a reasonable suspicion and/or random drug screen.
6. Any positive alcohol screen at a level of .04% or greater, and/or any positive drug screen for which there is no medically acceptable explanation for the positive result.

Prescribed Medication

Students shall notify a program director or administrator when taking prescribed medication which might hinder the safe and efficient performance of their classroom and/or clinical assignment. Upon request, the student must inform the director or administrator of the name(s) of the medication(s) of drug(s) being prescribed and the prescribing physician.

In addition, if a student is taking a prescribed drug, which might hinder the safe and efficient performance of their classroom and/or clinical assignment, the student must obtain a release to return to school and/or clinical setting from the prescribing healthcare professional. Specifically, the prescribing healthcare professional must affirm that the student is able to perform safely, without impairment caused by the drug or medication. If a release cannot be obtained, the student may be suspended from certain classroom or clinical participation.

Over-The-Counter Medication

Students are advised to check with a healthcare provider when taking any over-the-counter medication to determine if the medication may cause or give the appearance of causing side effect, which might hinder the safe and efficient performance of their classroom and/or clinical assignment. This information will be handled in a confidential manner.

Suspicious Behavior

If a student suspects or observes suspicious behavior in another student, they MUST report this either to an instructor, director or administrator. Every effort will be made to maintain confidentiality in peer reporting; however, in some circumstance’s confidentiality may not be assured.

Cost of Drug/Alcohol Testing

Students at Rio Grande are responsible for bearing the cost of drug and/or alcohol testing in all pre-admission or pre-clinical settings. Conversely, affiliated clinical agencies or Rio Grande will bear the cost of random or reasonable suspicion drug and/or alcohol tests.

Refusal to Submit to Drug/Alcohol Testing

A student will be disciplined, up to and including suspension and/or expulsion from Rio Grande if (a) the student refuses to submit to drug/alcohol testing; or (b) the student’s drug/alcohol testing results are positive. A refusal to submit includes excessive delay (over four hours) on the part of the student in providing a specimen, or not supply a sufficient quantity to test.

Drug and Alcohol Testing

A student may be subject to drug and alcohol testing in four circumstances:

1. Pre-Admission
2. Reasonable Suspicion
3. As Required Prior to Assigned Clinical Experiences
4. Random Selection

Pre-Admission Testing

Upon acceptance into a course or program which contains a classroom or clinical component requiring drug and/or alcohol testing, applicants/students will be required to pass an entrance drug screening and alcohol test, as well as a background check (FBI & BCI), as a condition of active admission to Rio Grande.

Reasonable Suspicion Testing

Reasonable suspicion means there is some evidence to suggest that a student has engaged or is engaging in substance abuse. Evidence may come from a professional or expert opinion, layperson, scientific test, or another source. Facts, which could give rise to reasonable suspicion, include, but are not limited to:

• Observable phenomena, such as direct observation of drug use, possession of drug paraphernalia, and/or physical symptoms or manifestations of being under the influence of a drug, including, but not limited to, erratic behavior, slurred speech, staggered gait, flushed face, dilated/pinpoint pupils, wide mood swings or inappropriate responses to stimuli.
• Information that a student has caused or contributed to an accident, or where a student shows signs of impairment after any accident while performing activities affiliated with or in a covered course or program.
• Arrest, conviction, or acceptance of responsibility for being in possession of, or being found guilty of a drug, alcohol, or controlled substance related offense, including but not limited to DUI, public intoxication, etc.
• Evidence that the student has altered or tampered with a previous drug or alcohol test or who has attempted to substitute a specimen.

Prior Assigned Clinical Experience

Students at Rio Grande, who are assigned to a classroom or clinical experience as part of the established curriculum may be required to undergo a drug screening and/or alcohol test. This is determined by and under the procedures established by the clinical site.

Random Selection

Rio Grande reserves the right to institute random selection drug and/or alcohol testing where deemed appropriate for a particular program, clinical and/or classroom experience. Any random selection drug-testing program instituted under this provision will be conducted pursuant to the following procedures:

• Rio Grande will adopt a uniform selection process that removes discretion in selection from any Director/Clinical Coordinator/Clinical Instructor or Designee.
• Random selection testing will take place throughout the academic year. There will be no pattern to when random testing will be conducted. Random testing will be unannounced, and all students in the class, clinical, or program will have an equal chance of being selected for testing from a random pool of participants in the same class, clinical, or program. Likewise, students shall remain in the pool even after being selected and tested.
• If a student is selected for random testing, the student will be notified by the Program Director/Clinical Coordinator/Clinical Instructor or Designee and will be directed to report to the designated collection site at the designated time for testing.

Testing Procedure

All drug and alcohol testing will be conducted by a qualified laboratory in accordance with established methods and procedures. Confidentiality as well as the integrity of the sample will be protected by the testing facility. Testing may be conducted with blood, urine, breath, hair sampling, or a buccal smear. The procedure for collection will involve a witness, securable containers and chain of custody procedures that ensure that the samples are protected from tampering, and that the analysis of them is done in accordance with accepted medical standards.

Testing shall screen alcohol and drugs that are either illegal or which are prone to abuse. Positive tests will be confirmed by the qualified laboratory by a second test from the original sample. If the second test is also positive, the student will be subject to disciplinary action, up to and including dismissal. Evidence that the student altered or tampered with a test, or evidence that the student attempted to substitute a specimen will be automatically deemed a positive test result.

Appeal

A student may appeal discipline, including suspension and/or expulsion from Rio Grande through the “Appeal of Sanction and the Right to a Hearing” procedure outlined in the Student Handbook.

Tobacco Policy

Campus buildings and grounds are designated as tobacco-free. For further detail, please visit rio.edu.

Sexual Assault

Because sexual assault has become a safety concern nationwide, the University of Rio Grande and Rio Grande Community College, like other colleges, is responsive to this concern. The following recommendations have been outlined if one is a victim of sexual assault:

If you or someone you know is sexually assaulted, these are important telephone numbers to remember:

1. Call a support person, someone who can provide emotional support, transportation, and assistance. You may choose a counselor, nurse, staff, faculty person, Resident Assistant, Student Life Coordinator, or a friend on campus.
2. Get immediate medical attention. A health professional needs to determine the extent of your injuries and necessary treatment. The University will provide transportation at your request. Expenses associated with your trip to the hospital may be covered under the Ohio Victims of Crime Program.
3. Do not bathe or douche and save all your clothing. Evidence for a criminal case may be present on your clothes. If you change clothes, save what you were wearing and place it in a Paper Bag. (Not Plastic)
4. While the University encourages the victim to report a sexual assault incident, the final decision rests with the victim. One can report the incident and later decide not to prosecute. The longer one waits to report a problem, the more difficult it may be to later prosecute. Counseling, as set out in the Counseling section of the Student Handbook, is available for those who want it.
5. Campus Police are there to help. The officers have received special training regarding sexual assault and will work with the victim throughout the entire process. Initially, all contact with Campus Police, Health Services, and Counseling will be considered confidential.

*Paper Bags may be obtained from the Campus Police.

Stalking

The University of Rio Grande and Rio Grande Community College staff strives to make the campus safe for all students and staff. They are here to assist you in any way possible. According to Ohio law, stalking is a crime if a person knowingly engages in a pattern of conduct (i.e. following, harassing, or physically threatening another individual) that causes you physical harm or mental distress. If you feel that you are being stalked, report it immediately to the campus police department. Stalking is a crime. Ask for help!

If you are in immediate danger, call 9-911 from a campus phone or 911 from a public phone. Contact Student Affairs, the Dean of Student, or The Campus Police Dept. for assistance with safety planning and further follow-up investigation.