The University of Rio Grande Residence Life Code

(Also see “Residential Living Regulations”)

Resident students are expected to abide by the University Community Code found in this Handbook, as well as the Residence Life Code. The Residence Life Code provides the social framework for a residential environment conducive to the intellectual and social development of all resident students.

1. Quiet hours are from 10:00 p.m. to 10:00 a.m., Monday through Sunday. Conditions conducive to study will prevail at all times, and courtesy to others maintained.
2. Regulations governing visitation by members of the opposite sex are specific to each of the four residential communities. It is the responsibility of the host to be sure the regulations governing visitation in his/her community are faithfully observed. The guest has the same level of responsibility to know the regulations in the community visited. The applicable regulations are clearly posted.
3. Overnight guests must complete a guest registration card. These cards can be obtained from a Resident Assistant or the Head Resident Assistant.
4. Each resident is expected to respect the individual rights of others and the private and University property in the residence hall. Excessive noise or disruptions in the residence hall is a violation of regulation, since conditions conducive to study prevail at all times.
5. Pet Rules: Please see “Residential Living Regulations”
6. Possession of unauthorized cooking equipment (e.g. hotplates, toasters, toaster ovens, and George Forman grills) is not permitted in the residence halls. Halogen lights and non-approved extension cords are not acceptable due to hazardous conditions.
7. Sources of open flame (e.g. candles, incense, sterno, fuels, etc.) are not permitted in residence halls whether lighted or not. Lighted Cigarettes and Cigars are prohibited.
8. Bicycles may be stored in residence rooms, but may not be stored in hallways or stairwells.
9. Possession of residence hall keys is a serious responsibility. Their loss or misuse (sharing) may result in serious action by the Residence Hall Staff.
10. Residence hall room doors will be kept closed and locked at all times when the room is unoccupied.
11. Residents are responsible for the care and cleaning of their room and all University property contained therein.
12. Mandatory meetings of the residents may be called by the Head Resident Assistant(s) upon a 24-hour notice.
13. No objects or substances may be ejected or dropped from the windows of the residence halls.

Fire Policies and Procedures

Arson or the setting of fire, tampering with safety equipment (including automatic door closures, smoke detectors, pull stations, fire extinguishers, sprinkler heads, etc.), pulling false fire alarms, stopping existing fire alarms, or failing to immediately evacuate during a fire alarm are violations of state fire code. Immediate evacuation when an alarm sounds is mandatory and re-entry into a building before the “ALL CLEAR” has been announced is prohibited. Refer to web site http://www.rio.edu

Disciplinary Sanctions

Any student who engages in conduct, which constitutes a violation of the Community or Residence Life Code, or any misconduct, which is otherwise detrimental to the University or Community College’s educational mission, may be subject to one or more of the following sanctions:

1. ASSESSMENT: Written referral to an appropriate staff member.
2. RESTITUTION: Reimbursement for damage to or misappropriation of property. This may take the form of services to the University and Community College community or monetary compensation.
3. FINE: A specific fine ($10.00 to $200.00) levied for a violation of a University or Community College code, rule or regulation. Fines may be levied in addition to any monetary compensation imposed as restitution. The lists of examples of fines are available in the Campus Police Office, the Office of Student Affairs and from Residence Hall Staff.
4. CENSURE: A written reprimand for violation of specified regulations that remains in a student file.
5. CONFISCATION: The University and Community College will take possession of equipment or instruments that have been used in the commission of a violation of the Residence Life Code or Community Code and that present a danger to the health or safety of the University or Community College. Confiscated items (other than illegal items) will be returned to the student on the condition that the item is immediately removed from the campus. Failure of the student to comply with the condition of removal will result in further sanctions.
6. SOCIAL PROBATION: A student on social probation may not be a part of, or participate in, any University or Community College sponsored co-curricular or extra-curricular activity such as drama, student senate, newspaper, etc. for a specified period of time.
7. VEHICULAR PROBATION: A student is excluded from maintaining a vehicle on-campus or in the campus area. This sanction is intended for use against students who repeatedly violate University or Community College traffic and/or parking regulations.
8. RESTRICTIVE PROBATION: A student is excluded from and may not be a member of, participate in, or attend any University or Community College sponsored co-curricular or extra-curricular function of any organization that is recognized by the University (such as a fraternity or sorority). This sanction may be for a specified period of time or may be for an undetermined period.
9. TEMPORARY SUSPENSION: (no formal hearing required prior to imposition of sanction) A complete exclusion from University and Community College property and all University and Community College activities, including classes, co-curricular activities, and extra-curricular activities. Students must vacate the campus and residence halls as soon as possible as determined by the Dean of Students. The temporarily suspended student may not enter onto University or Community College property during the suspension. This sanction may only be imposed for 14 days or until the student exhausts his or her hearing rights and only if, after investigation, the Dean of Students finds that the student poses a danger to the safety of the University. A formal hearing must be held within 14 working days after the Dean of Students decision to impose a temporary suspension. The temporary suspension will continue in effect until the student exhausts his or her hearing rights.
10. SUSPENSION: (formal hearing required prior to imposition of sanction) A complete exclusion from the campus and all University and Community College activities, including classes, co-curricular activities, and extra-curricular activities. Students must vacate the campus and residence halls within 24 hours or as determined by the Dean of Students. The suspended student may not enter onto University or Community College property during the suspension unless given written permission to do so by The Dean of Students, V.P. for Administration, or Campus Police Director. This sanction must be imposed for a period of at least one full academic semester but not for more than four academic semesters. Summer sessions are not counted as part of the academic semesters. A suspended student must seek readmission through the normal readmission process. Readmission is not automatic.
11. EXPULSION: (formal hearing required prior to imposition of sanction) Permanent exclusion from the University and Community College property and all University and Community College activities, including classes, co-curricular activities, and extra-curricular activities. Students must turn in all Keys, I.D. Card, and Parking Permit, as well as vacate campus and residence halls within 24 hours or as determined by the Dean of Students. Readmission is possible after one full calendar year and permitted only through the express written permission of the President. Readmission, even with permission, is not automatic.
12. International students who have received suspension or expulsion status may have their student visas revoked at the discretion of the University of Rio Grande and the Department of Homeland Security/Immigration and Customs Enforcement.

NOTE: A sanction may be imposed prior to a hearing only as stated in this Policy. The sanctions of assessment, restitution, fine, censure, counseling, confiscation, social probation, vehicular probation, and restrictive probation may be imposed by the investigating administrator prior to a formal hearing. All that is required prior to the imposition of these sanctions is that the student accused of the violation have the opportunity to meet with the administrator investigating the matter to be informed of the specific allegations contained in the charge(s); for the student to be given the opportunity to explain his/her side of the story and offer any defense refuting the allegations contained in the charges and to be given the opportunity to offer an explanation justifying his/her conduct. As set forth above, a student may be temporarily suspended prior to a formal hearing pursuant to the procedures set forth in part 9 of this Section. After the imposition of a sanction, the sanctioned student may appeal the decision and request a formal hearing.

Disciplinary Procedures for Community Code & Residence Life Code Violations

Disciplinary procedures exist to protect members of the University and Community College community and University and Community College property, to deter negative social behavior, and to minimize Community Code and Residence Life Code violations. Residence Life and Community Code violations will be initially addressed by sanction through the action of one of the following personnel: The Dean of Students (or the Vice President for Administrative Services, who may serve in the absence of the Dean of Students), Campus Police, a Head Resident Assistant, a Resident Assistant or the Student Judiciary. However, the sanctions of suspension and expulsion can only be imposed by the University Hearing Board after a formal hearing except in the case of temporary suspension, which is administered by the Dean of Students as set forth in part 9 of the Disciplinary Sanctions Section of this Handbook.

Reporting Community Code & Residence Life Code Violations

Any faculty, staff member, or student may report that a violation of the University or Community College Community Code or Residence Life Code has been committed. This report should be filed with Campus Police, a Head Resident Assistant, or a Resident Assistant.

Reports filed with Campus Police or a Head Resident Assistant, which indicates a possible serious violation of the University or Community College Community Code or Residence Life Code, will be forwarded to the Dean of Students. (In the absence of the Dean of Students, reports indicating a serious Community or Residence Life Code will be forwarded to the Vice President for Administrative and Student Affairs). All other reported violations will be addressed through the action of Campus Police, Director of Residence Life, the Head Resident Assistant, or the Resident Assistant.

Investigation and Sanction

Violations may be investigated or substantiated by the Dean of Students, Campus Police, a Head Resident Assistant, or a Resident Assistant. Once the investigation has been completed to the satisfaction of the investigating official, one of the following actions may be taken

1. Dismissal of the charges where the investigation indicates that no Community code or Residence Life Code violation has occurred or where the nature of the violations warrants warning.
2. Imposition of a sanction or sanctions deemed appropriate (except for the sanction of suspension or expulsion) where evidence exists that a Community or Residence Life Code violation has occurred. (More than one sanction may be imposed for a single violation of the Community Code or Residence life Code: e.g. a violator may be placed or restrictive probation and required to undergo assessment because of the violation).
3. Recommendation of sanction, justification for recommendation and referral to the University Hearing Board of those cases where suspension or expulsion are potential sanctions.

NOTE: The imposition of a sanction may occur prior to any formal hearing procedure only as stated in the “Disciplinary Sanctions” Section of this Handbook.

Any formal hearing procedures, which may be utilized prior to the imposition of a sanction (except with the sanctions of suspension or expulsion), are used at the complete discretion of the investigating administrator. All that is required prior to the imposition of a sanction is that the student accused of the violation have the opportunity to meet with the administrator investigating the matter to be informed of the specific allegations contained in the charge(s); for the student to be given the opportunity to explain his/her side of the story and offer any defense refuting the allegations contained in the charge(s); and to be given the opportunity to offer an explanation justifying his/her conduct.

In cases where the sanction being imposed may be suspension or expulsion, the accused shall be given the opportunity to provide a detailed written statement regarding his/her conduct and whereabouts during the date and time in question, prior to the case being referred to the University Hearing Board for determination of sanction. A student may be suspended prior to a formal hearing under the procedures set forth in part 9 of the “Disciplinary Sanctions” Section of this Handbook. After the imposition of a sanction in cases not leading to suspension or expulsion, the sanctioned student may appeal the decision and request a formal hearing. ALL SANCTIONS, WHICH ARE APPEALED, WILL REMAIN IN EFFECT DURING THE APPELLATE PROCESS EXCEPT WHERE THE DEAN OF STUDENTS HAS DETERMINED OTHERWISE.

Notice of Sanction

If, upon completion of the investigation, the investigating administrator believes a sanction should be imposed, the administrator shall give the student to be sanctioned a written notice of the disciplinary sanction being taken. This notice shall include the specifics of the incident (date, time, place, persons present); a description of the conduct constituting the violation, including the specific code, rule, or regulation, which has been violated and a description of any sanction being imposed.

Appeal of Sanction & the Right to a Hearing

Before the imposition of any sanction, other than those specified in the “Disciplinary Sanctions” Section of this Handbook as not requiring a prior hearing, the student against whom the sanction has been levied shall have the right to request a formal hearing on the charges. This request for a hearing must be in writing and received by the Administrator who imposed the sanction by the third working day following the imposition of the sanction. In the case of a Residence Life Code violation, the hearing may be conducted by the Residence Hall Judiciary. In the case of a Community Code violation in which the sanction imposed was a fine of less than $200.00, the hearing may be conducted by the Student Judiciary Board. In all other cases, the hearing shall be conducted by the University Hearing Board. (If no written request for a hearing is received by the Administrator within three (3) working days following the imposition of the sanction, the sanction will remain in effect as imposed by the Administrator)

University Hearing Board

The University Hearing Board has authority to conduct a formal hearing and levy sanctions in cases potentially leading to suspension or expulsion; on Community or Residence Life Code violations, where the original sanction was a fine greater than a fine of $200 or more, on cases of student non-academic grievance in appeal cases of academic dishonesty; and in other cases, at the request of the Dean of Students. The University Hearing Board shall consist of the following personnel appointed annually by the President of the University: one (1) senior level administrator who does not report to the Dean of Students, one (1) faculty member and one (1) student. A senior level administrator shall chair the Board and the Dean of Students will coordinate the docket. In the case of Title IX, the Division Vice President would hear the appeal and the Dean of Students would conduct the investigation of the case.

Hearing Procedures

Where a sanction has been appealed, or when the hearing body reviews a case prior to the imposition of the sanction in cases of suspension or expulsion, the hearing shall proceed as follows:

Time of Hearing

The hearing shall be conducted within ten (10) working days following the receipt of the request for hearing.

Appearance of Parties

It is not necessary for the accuser to be present at the hearing, if there is otherwise sufficient evidence to support the imposition of a sanction. However, the failure of the accuser to appear at the hearing may be a sufficient basis in and of itself to justify a retraction of the sanction. If the accused fails to appear for the hearing for any reason within the accused’s control as determined solely within the discretion of the Dean of Students the hearing shall be dismissed and the sanction shall remain in effect or shall be imposed based on the evidence presented by the administrator who conducted the investigation.

Subpoena of Witnesses

The hearing body conducting the hearing shall have the authority to subpoena any appropriate faculty member, staff member, or currently enrolled student for appearance at a duly constituted hearing. The accused, accuser, or administrator who investigated the incident may request the hearing body to subpoena any faculty member, staff member or student to appear and give sworn testimony in the hearing. The request for subpoena must be submitted to the presiding members of the body three working days prior to the scheduled hearing. In addition, the accused, the accuser, and the administrator who investigated the incident have the right to call witnesses who are not faculty members, staff members, or students and who are willing to volunteer to appear at the hearing.

Advisor

The accused may have an advisor present to represent his/her interests in a duly constituted hearing, provided they are able to find someone willing to volunteer to represent them. This advisor must be an employee of the University. The following persons are prohibited from serving as an advisor in the hearing:

1. Persons who are involved in the same incident or charged with the same violation.
2. Persons who have any personal knowledge of the incident, who have been involved in the investigation of the incident or who have reason to believe they may be called as a witness in the hearing board
3. The President, Vice President for Administration and Student Affairs, Dean of Students, University Counsel, Campus Police, Head Resident Assistant, Resident Advisors, and Members of the Student Judiciary Board.
4. The name of the advisor representing the accused shall be submitted in writing to the administrator or justice presiding at the time set for the hearing.

Recording

Except in the case of a suspension or expulsion of a student, hearings will not be tape-recorded. A brief set of minutes indicating the date, time, location of the hearing, persons present, key evidence, and a list of witnesses shall be maintained by the presiding administrator or justice. In the case of a possible suspension or expulsion of a student, the hearing may be tape recorded for the convenience and benefit of the University. If the hearing is tape recorded, the recording will be available to the accused, however the University makes no representation or guarantee that the recording will be of a quality that is acceptable to a student who wishes to use the tape recording for an appeal. Students who have been suspended or expelled and who may be appealing the hearing to the President are allowed to make their own tape recording of the proceeding.

Hearing

The hearing shall be closed to observers, unless the accused makes a written request that the hearing be open to named observers, which is received by the presiding administrator or justice twenty-four (24) hours prior to the scheduled hearing. The accused may have legal counsel present to observe on his/her behalf. However, legal counsel is prohibited from speaking to anyone during the course of the hearing, and prohibited from participating in the proceeding in any way. Anytime during the course of the hearing, the presiding administrator or justice may order the hearing closed to any or all observers, except to legal counsel observing on behalf of the accuser or the accused, unless the legal counsel has violated the prohibition against speaking during or participating in the hearing.

Order of Hearing

1. Call to order by Chairperson.
2. Reading of the charges.
3. Enter of plea by the accused: (Accused must admit or deny engaging in the conduct stated in the charges. A refusal by the accused to admit or deny will be entered as a denial of the charges.)
   1. If denied the hearing proceeds.
   2. If admitted, the accused may present a brief statement in mitigation.
4. Opening statement by the accuser.
5. Opening statement by the accused or the administrator who investigated the incident.
6. Presentation of evidence: (Written, pictorial, or testimonial evidence may be presented by the accuser, the administrator who investigated the incident and the accused. The accused shall not be called upon to be a witness for the accuser or the administrator who investigated the incident.
   
   However, in determining whether the incident alleged did occur, the hearing body may take into consideration the fact that the accused refused to appear or his/her version of the facts).
   ​
   1. ​​​Evidence presented by the accuser and the administrator who investigated the incident (following the presentation of each witness called, the witness shall be available for questions from the accused and the hearing body)
   2. Evidence presented by the accused; (following the presentation of each witness called, the witness shall be available for questions from the accuser and the hearing body)
7. Recall of Witnesses. (The accuser, the administrator who investigated the incident, the accused, or hearing body may recall any witness for further questioning)
8. Closing statement by the accuser and the administrator who investigated the incident.
9. Closing statement by the accused.
10. Deliberation. (Review of the case by the hearing body). In matters requiring lengthy deliberation, the members of the hearing body may consult with each other in any appropriate manner outside the presence of others. The hearing body shall determine whether it appears by a preponderance of the evidence that the accused did engage in any conduct which constitutes a violation of the Community Code or Residence Life Code.
11. Decision. (The hearing body shall make a written decision within five (5) working days following the last day of the hearing. The decision shall be as to whether or not the accused violated the Community Code or Residence Life Code. If the accused is found to have committed a violation, the written decision shall include a description of the conduct constituting the violation citing the specific code, rule, or regulation, which has been violated, and shall include a suitable sanction or are commendation of such).

Written Disposition

Upon receiving the decision of the hearing body, the administrator will take one of the following actions:

1. Dismissal of the charges where the decision of the hearing body indicates that no Community or Residence Life Code violation has occurred.
2. Impose the sanction or sanctions deemed appropriate where the hearing body determined that a code violation had occurred. (More than one sanction may be imposed for a single violation of the Community Code or Residence Life Code; e.g. a violator may be placed on restrictive probation and required to undergo assessment as a result of the violation).

Appeal (Suspension, Expulsion Only)

In the case where the Sanction imposed by the University Hearing Board is suspension or expulsion, the suspended or expelled student may appeal the sanction to the President of the University. (In the absence of the President the appeal will be made to the Provost). In order to appeal, the suspended or expelled student must file a notice of appeal with the Dean of Students within (3) three working days following the delivery of the written disposition of the hearing. Within ten (10) working days following the delivery of the written disposition, the student initiating the appeal must file the written appeal with the Office of the Dean of Students, or the appeal is dismissed. The written appeal may not exceed fifteen (15) pages in length, must be addressed to the President of the University, and must establish that insufficient evidence exists upon which to find cause for the suspension or expulsion. Failure to properly prepare the appeal is grounds for rejecting the appeal. Further, the student may also initiate an appeal based on documentation that the Hearing Board deviated from prescribed procedures to the point that the deviation created an unfair result.

The University President (or the Provost in the absence of the President) will determine the merit of the appeal and decide whether to proceed with a hearing.

Review on Appeal (Suspension or Expulsion Only)

If merit is established the President (or in the case of the President’s absence, the Provost) will conduct a closed hearing to review the written appeal, the tape recording of the hearing if one is available, and the hearing minutes. (If no tape recording is available or if the tape recording is of such poor quality that it is not useful for the appeal, the University Hearing Board shall prepare a statement of the evidence and proceedings, specifying in detail the crucial evidence presented in the hearing.) Upon completion of the hearing on appeal, the President shall come to one of the following conclusions:

1. The sanction is sustained as imposed because there exists evidence to support a finding that the University Hearing Board had cause to impose the sanction of suspension or expulsion;
2. The sanction is rescinded because there exists insufficient evidence to support a finding that the University Hearing Board had cause to impose the sanction;
3. modify the sanction because there is evidence to support a finding that the University Hearing Board had cause to impose a sanction, but the President in his discretion believes that the sanction of suspension or expulsion is inappropriate under the circumstances; or
4. Remand the matter back to the University Hearing Board for an additional hearing because the hearing substantially deviated from the prescribed procedures and the deviation created an unfair result.

Statement of Harassment Policy & Student Grievance Procedures Harassment Policy

I. Policy

The University and Community College strongly disapprove and expressly prohibit any form of harassment or discrimination based on race, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, genetic information, religion, disability, age, marital status, national or ethnic origin, socioeconomic status, political affiliation, veteran status, or other characteristics protected by applicable federal, state, or local laws.

The University and Community College prohibit all types of unlawful harassment. This includes sexual harassment of or against its employees or students in any form based on sex, sexual orientation, gender, or gender identity. It is our policy to provide an employment and campus environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature constituting sexual harassment as defined and otherwise prohibited by federal and state law. Specifically, no instructor, supervisor, administrator or agent shall threaten or insinuate, either explicitly or implicitly, that the refusal of an employee or student to submit to sexual advances will adversely affect the academic standing of a student or an employee’s employment or career development. Other sexually harassing conduct is prohibited because it creates an intimidating, hostile, or offensive environment. This includes, but is not limited to, any conduct of a sexual nature, including verbal conduct, touching, or solicitation, where there has been an indication that such conduct is unwelcome.

This policy also prohibits harassment based on race, color, genetic information, religion, disability, age, marital status, national or ethnic origin, socioeconomic status, veteran status, political affiliation or other characteristics. It is our policy to provide an employment and campus environment free of hostile or offensive comments or conduct based on these protected characteristics. For example, no instructor, supervisor, administrator or agent shall make racially insensitive jokes that are unwelcome, nor shall he or she engage in inappropriate stereotyping, name calling, ethnic or racial slurs, or other unwelcome references to protected classifications.

Finally, this policy also prohibits discrimination based on any legally protected characteristic. No instructor, supervisor, administrator or agent shall act against a student, employee or other member of the University or Community College community because of his or her sex, on race, color, genetic information, religion, disability, age, marital status, national or ethnic origin, socioeconomic status, veteran status, political affiliation or other characteristics. This includes, but is not limited to, a prohibition on assigning grades or housing, denying jobs, removing students or employees from jobs, or assigning jobs based on these protected characteristics.

II. Guidelines

It is the policy of the University and Community College to investigate thoroughly and remedy any known incidents of harassment. In order to accomplish this, however, harassment or discrimination must be brought to the attention of the University administration. Accordingly, employees who feel aggrieved because of harassment or discrimination have an obligation to communicate their problem immediately. The following steps should be taken by an employee who has a complaint of harassment or discrimination:

Any individual that believes that he or she has been subjected to unlawful discrimination or harassment, or who witnessed unlawful discrimination or harassment, should promptly file a written report of that fact with the Director of Human Resources, the individual’s immediate supervisor, manager, dean, or the Dean of Students. If the individual alleges harassment against the Director of Human Resources, the individual’s immediate supervisor, manager dean, or the Dean of Students, the individual need not report the incident to the alleged wrongdoer and, instead, may report the incident to the Office of the President of the University. The written report should identify the alleged incidents of harassment or discrimination, the alleged perpetrators of the harassment or discrimination, and any witnesses to the harassment or discrimination. The report will be kept confidential to the extent possible consistent with a thorough investigation and any remedial action required. Upon receipt of a report of harassment or discrimination, the University will investigate the allegations. If it is determined that this policy has been violated, the University or Community College will take appropriate disciplinary action, up to and including termination.

The University and Community College encourage individuals who believe that they have been victims or witnesses of harassment or discrimination to come forward and report such harassment or discrimination. The University or Community College will not take any adverse action against an individual who in good faith comes forward to report harassment or discrimination, regardless of whether the allegation is substantiated. Likewise, the University or Community College will not take any adverse action against any individual who cooperates in any investigation of a report of harassment or discrimination.

Student Non-Academic Grievance Policy

Definition

A grievance shall be a charge by a student that they have been adversely affected by a misapplication, misinterpretation, or non-enforcement of a University or Community College policy by a University or Community College official. This procedure will be used to secure an equitable solution to any misunderstanding, difference of opinion, concern, or problem, or to obtain an interpretation of policy.

Level I (University OR Community College Official)

Meeting

The student shall request a meeting with the appropriate University or Community College official. The meeting must be held within five (5) working days and will serve as an opportunity for the student to express concerns and present relevant facts.

Decision

Every effort shall be made to resolve the grievance during the meeting. However, if an interpretation of University or Community College policy is necessary or other individuals are involved, it may be necessary for the University or Community College official to research the facts and present the decision within five (5) working days.

Level II (Immediate Supervisor)

Appeal

In the event that the student wishes to appeal the decision made at Level I, the student must, within fifteen (15) working days after receiving the Level I decision, present to the official’s immediate supervisor the following statements in writing:

• A clear statement of the grievance, with reference to the University or Community College policies, which have been misapplied, misinterpreted, or non-enforced, when applicable.
• The facts that support the student’s position. All facts or information, which is to be considered, must be applicable.
• The resolution desired (what could the University or Community College do to resolve the grievance to the student’s satisfaction?)

Decision

The immediate supervisor will consult with their divisional supervisor or other persons involved and formulate a response to the grievance. The response shall be returned to the student with a copy to the President within five (5) working days.

Level III (University Hearing Board)

Appeal

If the grievance is denied at Level II, the student may appeal the decision within five (5) working days after receiving the Level II denial.

Procedure

1. The Level III appeal shall be in writing to the Vice President of Student Affairs (VPSA) with a copy to the President.
2. The VPSA shall, within five (5) working days after receipt of the appeal, schedule a meeting of the University Hearing Board, which will, if practical, be held within ten (10) working days. The University Hearing Board shall review all documents related to the grievance and the history of related grievances and policies.
3. The University Hearing Board and the VPSA shall formulate a recommendation to the President in cases of suspension and expulsion.
4. The President shall render a written decision via the VPSA within five (5) working days of receiving the recommendation. Copies of the President’s decision will go to the griever, the and the division where the grievance arose.
5. If the student fails to meet the time requirements as set forth herein, the grievance shall be considered waived unless the VPSA shall find just cause for the delay and reinstate the grievance. Nothing in this section shall prevent the student from filing a new grievance if the condition, which gave rise to the initial grievance, reoccurs.
6. If a University official fails to meet the time requirements for a response as set forth herein; the student may proceed immediately to the next Level of the Grievance Procedure.

Academic Grievance Policy (Student Grades)

Misunderstandings and disagreements may arise in the academic process, particularly in cases involving academic grading. The Academic Grievance Policy is designed to allow students a reasonable, professional, and orderly mechanism for seeking redress when they have grounds to believe that a faculty member has treated them in an arbitrary, capricious, or prejudicial manner. Belief that a subject, test or test item was too difficult or that a grading scale was too high are not grounds for appeal. In order to appeal a grade on an assignment, or to appeal a course grade after a term is over, the student must have specific evidence that the faculty member has treated the student differently than peers in the course. The evidence supporting this claim must be presented at all levels of the appeals process.
In general, it is fully expected that students will follow each stage of the Academic Grievance procedure as listed below, beginning with Level I of the Informal Academic Grievance Procedure. Each level of the Academic Grievance Procedure has deadlines or time limits. If a University official fails to meet the time requirements for a response as identified in the stages below, the student may then proceed immediately to the next level of the Academic Grievance Procedure.

Informal Academic Grievance Procedure

Level I

When a student perceives that a faculty member has treated the student in an arbitrary, capricious, or prejudicial manner while a course is in session, the first step in seeking redress is to schedule an informal meeting with the instructor within five (5) regular class days of the perceived injustice. In the case of courses that are delivered in an electronic-only format this requirement can be met via telephone or email contact. If the instructor fails to meet with the student as scheduled or if the instructor does not respond to electronic communications within five (5) working days of the student’s reasonable attempt to contact the instructor, then the student should ask the academic advisor to request that the instructor contact the student. If the instructor fails to contact the student within five (5) additional working days from the date the student contacted the academic advisor, then the student may proceed to level II of the informal grievance procedure.

When a meeting under this informal procedure takes place, the student should present to the faculty member all evidence to support the student’s belief that the faculty member has treated the student in an arbitrary, capricious, or prejudicial manner. A specific request for redress of the grievance should also be made.

If a resolution satisfactory to the student is reached, then the Grievance Procedure is concluded. If a resolution is satisfactory to the student is not reached, the student may proceed to Level II of the Informal Grievance Policy.

Level II

If the situation is not resolved at Level I, then within five (5) regular academic calendar days of the meeting with the instructor, the student may meet with the Chair of the School in which the course if offered. During this meeting, the student must notify the Chair that the meeting is being held as Level II of the Informal Grievance Procedure.

When a meeting under this informal procedure takes place, the student should present to the Chair, documentation or evidence either that the student has met with the instructor and the matter was not resolved, or that the student has made a good-faith attempt to contact and meet with the instructor as specified in Level I Informal Grievance Procedure. All evidence to support the student’s belief that the faculty member has treated the student in an arbitrary, capricious, or prejudicial manner must also be presented at this time. A specific request for redress of the grievance should also be made.

The Chair shall have five (5) regular academic calendar days to mediate a resolution satisfactory to the student, and to provide written notification of the outcome of the mediation efforts to the student. If a resolution satisfactory to the student is reached, then the Grievance Procedure is concluded. If a resolution satisfactory to the student is not reached, that student may proceed to the First Level of the Formal Grievance Procedure.

Formal Academic Grievance Procedure

If the student feels the situation is not resolved at the Informal Level, then the student may proceed to the Formal Academic Procedure. Steps in the Academic Grievance Procedure that involve a formal meeting will follow the latest revision of Robert’s Rules of Order. At levels two and three of the Formal Process, the panels will consider all of the facts as presented from all earlier stages of the Informal and Formal Academic Grievance Procedures.

Level I

The student must meet with the instructor of the course within five (5) regular academic calendar days from the date the student received a written decision from the Chair, but no later than twenty-five (25) regular academic days from the original incident. The student must notify the instructor that the meeting is a Level I Formal Academic Grievance meeting.

If a resolution satisfactory to both student and instructor is reached, then the Formal Academic Grievance Procedure is concluded. If a resolution satisfactory to the student is not reached, the student may proceed to the Level II of the Formal Grievance Procedure.

Level II

If the situation is not resolved at Level I of the Formal Academic Grievance Procedure, the student may proceed to Level II of the Formal Academic grievance Procedure within five (5) regular academic calendar days after meeting with the instructor, according to the procedure in Level I of the Formal Academic Grievance Procedure.

1. The student must take a written request to the Dean of the College in which the course is offered to convene and chair an academic appeal panel, consisting of five (5) full-time voting faculty members: two (2) selected by the student, two (2) by the student, two (2) by the instructor of record, one (1) by the Dean.
   1. The members of the panel will be from the same School in which the course is offered. Should there be an insufficient number of faculty available in the School to complete the panel; faculty outside the School may be selected.
   2. The written request must include a statement of the specific issue which is being grieved, available evidence that the perceived injustice has occurred, available evidence that the student has followed the steps of the Informal and Formal Grievance Procedures (or that the student has made a good-faith effort to follow the Informal and Formal Grievance Procedures, and a statement that the situation remains unresolved.
2. The academic appeals panel must meet within ten (10) regular academic calendar days of the filing of the Level II appeal. This panel will be convened and chaired by the non-voting Dean. The student and the instructor may be present at the meeting of the appeal panel to present their cases.
3. Within five (5) regular academic calendar days of the Formal Level II Panel meeting, the Chair of the Level II Panel will notify in writing both the student and the instructor of the decision reached by the panel.
4. If a resolution satisfactory to both the student and instructor is reached, then the Grievance Procedure is concluded, and a copy of the decision of the panel will be placed in the student’s file in the Registrar’s Office.
5. If a resolution satisfactory to the student is not reached, the student may proceed to the Level III of the Formal Grievance Procedure.

Level III

If not satisfied with the decision of the Level II Formal Academic Grievance Panel, either party may within ten (10) regular academic calendar days, request the Provost/Vice President for Academic Affairs to convene a third and final level panel.

1. The Level III Formal Academic Grievance Panel will consist of voting members as follows: one (faculty member from each School, elected to the current Academic Policy Committee, the Vice President of the Student Senate or an elected delegate, and a justice of the senate judiciary. Both parties shall be informed of the makeup of the panel no later than five (5) regular academic calendar days before the hearing. If either party feels that a particular School’s representative may be biased, then they may ask, by two (2) regular academic calendar days before the hearing, that the School’s other representative be used instead. If both parties contest both of a School’s representative from the School. The chair will only vote in the event of a tie.
2. The Level III Formal Academic Grievance panel must meet within ten (10) regular academic calendar days of the request.
3. All documentation from all previous levels will be provided in advance of the Level III Panel.
4. The student and instructor of record may be present to present their cases.
5. The Level III panel shall issue a written decision within ten (10) regular academic calendar days of the meeting with copies sent to both the student and the instructor.
6. The decision of the Level III Panel is final and binding.
7. A copy of the panel’s decision will be placed in the student’s file in the Office of the Registrar.

Policies, Rights, Responsibilities & The University Hearing System for Violations of Sex-Based Discrimination

Policy Against Sex-Based Discrimination

Introduction

The University of Rio Grande and Rio Grande Community College (“Rio Grande”) are dedicated to providing a safe environment for all students, faculty, and staff. Sex-based discrimination, including sex-based harassment, will not be tolerated. Any violation of the policies below should be reported to the Title IX Compliance Coordinator at TitleIXCoordinator@rio.edu or (740) 245-7228.

Policy

No person shall be subjected to sex-based discrimination under any program or activity operated by Rio Grande.

No person may engage in sex-based harassment that creates a hostile environment in or under any program or activity of Rio Grande.¹

No person who is an employee or agent of Rio Grande (including a student employee) may condition a decision or benefit on another’s submission to sex-based harassment (regardless of whether the target resists or submits, and regardless of whether the target suffers or avoids the threatened harm).

Definition

Sex-based discrimination includes exclusion from participation in, being denied the benefits of, or being subjected to discrimination on the basis of sex.

Discrimination on the basis of sex includes discrimination based on sex, pregnancy status, marital status, sexual orientation, gender, gender identity, gender expressions, and nonconformity with gender stereotypes.

Both students and employees are protected against sex-based discrimination in Rio Grande programs and activities.

Rio Grande respects the First Amendment rights of its students, faculty, and staff. The Policy Against Sex-Based Discrimination prohibits only sex-based harassment that creates a hostile environment. Nothing in this policy will impair the exercise of rights protected under the First Amendment.

Program or activity includes all operations of Rio Grande, including but not limited to, access to classes, employment opportunities, housing, Rio Grande-sponsored athletics, and facilities.

Sex-based harassment includes sexual harassment and gender-based harassment. Sexual harassment is unwelcome conduct of a sexual nature.

Sexual harassment includes but is not limited to unwelcome verbal sexual advances, sexual touching, requests for sexual favors, or other verbal or nonverbal conduct of a sexual nature, or rape, sexual assault, or sexual exploitation. Sexual harassment also includes dating violence, domestic violence, and stalking.

Gender-based harassment is unwelcome conduct based on a student’s actual or perceived sex or sexual orientation and includes but is not limited to unwelcome conduct based on gender identity, gender expression, and nonconformity with gender stereotypes.

Unwelcome conduct exists when the individual did not request or invite it and considers the conduct undesirable or offensive, including but not limited to name-calling, graphic or written statements (including through the use of cell phones or the internet), or other conduct that may be physically threatening, harmful, or humiliating.

Unwelcome conduct does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.

Participation in the conduct or failure to protest does not necessarily mean that the conduct is welcome. The fact that an individual may welcome some conduct does not necessarily mean that he or she welcomes other conduct. Additionally, the fact that an individual requested or invited conduct on one occasion does not necessarily mean that the conduct is welcome on another occasion.

A hostile environment exists when sex-based harassment is sufficiently serious to deny or limit an individual’s ability to participate in or benefit from Rio Grande programs or activities. A hostile environment can be created by anyone involved in a Rio Grande program or activity, including but not limited to administrators, faculty members, students, and campus visitors.

In determining whether sex-based harassment has created a hostile environment, it will be necessary, but not enough, that the conduct was unwelcome to the individual harassed. To find that conduct created or contributed to a hostile environment, the investigating Title IX Compliance Team member or hearing officials, as the case may be, will also need to find that a reasonable person in the student’s or employee’s position would have perceived the conduct as undesirable or offensive. The Title IX Compliance Team member or hearing officials, will consider a variety of factors related to the severity, persistence, or pervasiveness of the alleged sex-based harassment, including the type, frequency, and duration of the conduct, the identities and relationships of all persons involved, the number of persons involved, and the context in which the conduct occurred. For instance, a single incident of sexual assault may be sufficient to create a hostile environment, whereas a series of less severe incidents may be necessary to create a hostile environment.

Sexual assault is actual or attempted sexual contact with another person without that person’s consent, including but not limited to:

• Intentional touching of another person’s intimate body parts without that person’s consent;
• Other intentional sexual contact with another person’s body without that person’s consent;
• Coercion, forcing, or attempting to coerce or force a person to touch another’s intimate body parts without that person’s consent; or
• Rape, which is penetration of any degree of the vagina or anus of a person by any body part of another or by an object or the mouth of a person by a sex organ of another without that person’s consent.

Consent is agreement to do or allow something, or permission for something to happen or be done. Consent must be informed, voluntary, and mutual. Consent may be withdrawn at any time.

Consent does not exist when there is any expressed or implied force, coercion, intimidation, threats, or duress. Whether a person has taken advantage of a position of influence over another person may be a factor in determining whether consent exists.

Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person, or ongoing future consent to that same sexual activity with another person.

Consent cannot be given by a person who is unable to make a reasonable judgment concerning the nature of an activity due to incapacitating intoxication, unconsciousness, youth, or mental deficiency or incapacity.

Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including but not limited to:

• Prostituting another person;
• Recording images, whether still or moving, or audio of another person’s sexual activity, intimate body parts, or nudity without that person’s consent;
• Distributing images, whether still or moving, or audio of another person’s sexual activity, intimate body parts, or nudity, if the person distributing the images or audio knows or should have known that the person depicted did not consent to the distribution of those materials; and
• Viewing another person’s sexual activity, intimate body parts, or nudity in a place where that person has a reasonable expectation of privacy and without that person’s consent.

Reporting and Confidentiality

Reporting to Rio Grande Employees

Students and employees are encouraged to report any violation of the Policy Against Sex-Based Discrimination. Reporting these incidents will help a person find useful resources and will help Rio Grande respond appropriately to violations of our policies. Different members of the campus community have different abilities to maintain confidentiality.

• Some employees are required to maintain near-complete confidentiality. Communications with these employees are “privileged communications.”
• Other employees may speak to individuals in confidence but are required to report that an incident occurred to the Title IX Compliance Coordinator. This report does not have to reveal any personally identifying information about the individual. Disclosures to these employees will not trigger an investigation against a person’s wishes.
• Some employees are required to report all details of an incident to the Title IX Compliance Coordinator. Any disclosure to these employees, called “responsible employees,” constitutes a report to Rio Grande and will trigger an investigation into the incident.

These groups are listed in detail below so that individuals can make an informed decision about where to turn if needed.

1. Privileged and confidential communications
   1. ​Professional and Pastoral Counselors

Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the Rio Grande community (including any individual who provides mental-health counseling under the supervision of a licensed counselor) are not required to report any information about an incident without an individual’s permission. Those individuals include:

Note that while professional and pastoral counselors may maintain an individual’s confidentiality within Rio Grande, they may be subject to other reporting obligations under state law.

2. Non-Professional Counselors and Advocates

​Individuals who work or volunteer in the on-campus Health Services Center, including front-desk staff and student-employees, can generally talk to students without revealing any personally identifying information about the student to Rio Grande. Students can seek assistance and support from these individuals without triggering a Rio Grande investigation that could reveal a person’s identity or reveal that an individual has disclosed the incident.

While maintaining confidentiality, these individuals (or their office) must report the nature, date, time, and general location of an incident to the Title IX Compliance Team. This limited report - which includes no information that would identify an individual - will help the Title IX Compliance Team stay informed of the extent and nature of potential violations occurring on- and off- campus, track potential patterns of inappropriate conduct, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Compliance Team, these individuals will consult with the person to ensure that no personally identifying details are shared. Non-professional counselors and advocates include:

If you speak to a professional or non-professional counselor or advocate, please understand that, if you want to maintain confidentiality, Rio Grande will be unable to investigate the incident and will be unable to pursue any disciplinary action against the alleged actor. These counselors and advocates will still help you receive other necessary protection and support, including victim advocacy, academic support or accommodations, health and mental health services, and changes to your work or course schedule.

Note that while non-professional counselors and advocates may maintain your confidentiality within Rio Grande, they may be subject to other reporting obligations under state law.

2. Responsible Employees.

A “responsible employee” is a Rio Grande employee who has the authority to redress violations of the Policy Against Sex-Based Discrimination, has the duty to report incidents of violations, or who may be assumed to have this authority or duty (except non-professional counselors and advocates).

When you tell a responsible employee about a violation of the Policy Against Sex-Based Discrimination, you have the right to expect that Rio Grande will take immediate and appropriate steps to investigate the incident and resolve the matter promptly and equitably.

A responsible employee must report to the Title IX Compliance Coordinator all relevant details that may be helpful in determining what happened - including the names of individuals involved, any witnesses, and other relevant facts including the date, time, and location of the incident.

To the extent possible, information reported to the employee responsible will be shared only with those responsible for handling Rio Grande’s response to the report. A responsible employee should not share information with law enforcement without your consent unless you have also reported the incident to law enforcement. Responsible employees include the following:

All Faculty and Staff not previously listed as Professional or Pastoral Counselors (1a) OR Non-Professional Counselors or Advocates (1b) above.

Before you reveal any information to a responsible employee, the employee should make you aware of his or her reporting obligations. If you wish to maintain confidentiality, the employee should direct you to confidential resources.

Requesting Confidentiality

Rio Grande has an obligation to provide a safe, non-discriminatory environment for all students - including you. No Rio Grande employee will pressure you to release more or less information than you are comfortable with. If you would like to make a full report and also request confidentiality, please be aware that Rio Grande may not be able to fully honor that request.

The Title IX Compliance Coordinator will evaluate requests for confidentiality. Where feasible, Rio Grande will honor your request for confidentiality. Please know that honoring your request may limit Rio Grande’s ability to conduct a thorough investigation or pursue disciplinary or remedial action. Although rare, there are times when Rio Grande may not be able to honor your request and still maintain our obligation to provide a safe campus for everyone. If the Title IX Compliance Coordinator determines that your confidentiality cannot be maintained, we will inform you prior to starting any investigation and will, to the extent possible, only share information with people responsible for handling Rio Grande’s response. You will never be required to participate in any investigation or grievance proceeding.

Interim Measures and Protection Against Retaliation.

Rio Grande will remain mindful of your well-being. We will take ongoing steps to protect you from retaliation or harm and will work with you to create a safety plan. Retaliation, whether by students or employees, will not be tolerated. Throughout any investigation, Rio Grande will also:

• Assist you in accessing available advocacy resources, academic support, counseling, health services, and legal assistance;
• Provide security and support, which may include issuing a no-contact order and arranging a change of living or working arrangements or course schedules; and
• Assist you if you wish to report a crime to law enforcement.