Ashford University Campus Security and Fire Safety Report 2014 Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 1|Pag e Contents Introduction .................................................................................................................................................. 5 Clery Geography............................................................................................................................................ 5 Campus Security and Crime Prevention Policy ............................................................................................. 7 Notification of the Campus Security and Fire Safety Report .................................................................... 7 Reporting Crimes and Emergencies .......................................................................................................... 7 Procedures for Reporting Criminal Actions or Emergencies..................................................................... 7 Contact Information to Report a Crime or Emergency ............................................................................. 8 Timely Reports of Specific Crimes or Offenses ......................................................................................... 8 Campus Public Safety Office ..................................................................................................................... 9 Security of and Access to Campus Facilities ............................................................................................. 9 Campus Awareness of Security Services ................................................................................................. 10 Alcohol and Drug Policies and Procedures ................................................................................................. 10 University Student Alcohol Use Policies ................................................................................................. 11 University Student Drug Use Policies ...................................................................................................... 11 Alcohol and Drug Prevention Programs.................................................................................................. 11 State and Federal Laws Regarding Drugs and Alcohol............................................................................ 12 University Sanctions Regarding Drugs and Alcohol ................................................................................ 13 Biennial Review ....................................................................................................................................... 13 Sexual Misconduct/Harassment Policies and Procedures .......................................................................... 13 Nondiscrimination................................................................................................................................... 15 Sexual Assault Prevention Programs ...................................................................................................... 16 Contact Information to Report a Crime or Emergency ........................................................................... 16 Information Regarding Sex Offenders .................................................................................................... 16 Fire and Emergency Response and Evacuation Policies and Procedures ................................................... 17 Emergency Evacuation Procedures......................................................................................................... 17 SendWordNow Emergency Notification System .................................................................................... 17 Contact Information for Campus Crisis Team ......................................................................................... 18 Non-Fire Evacuations and Drills .................................................................................................................. 18 Evacuating a Building (Non-Fire) ............................................................................................................. 18 Tornado Awareness ................................................................................................................................ 19 Conducting Tornado Drills ...................................................................................................................... 19 Post Drill .................................................................................................................................................. 19 Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 2|Pag e Fire Safety Report ....................................................................................................................................... 19 Fire Safety Awareness Program and Staff Training................................................................................. 19 Testing Emergency Response and Evacuation Procedures..................................................................... 20 Conducting Fire Drills .............................................................................................................................. 20 Post Drill .................................................................................................................................................. 20 Fire Alarms .............................................................................................................................................. 20 Regis Residence Hall ............................................................................................................................... 21 Smoke Detectors ................................................................................................................................. 21 Fire Alarm/Sprinkler System ............................................................................................................... 21 Fire Extinguishers ................................................................................................................................ 21 Durham Residence Hall ........................................................................................................................... 21 Smoke Detectors ................................................................................................................................. 21 Fire Alarm/Sprinkler System ............................................................................................................... 21 Fire Extinguishers ................................................................................................................................ 21 BW Residence Hall .................................................................................................................................. 21 Smoke Detectors ................................................................................................................................. 21 Fire Alarm/Sprinkler System ............................................................................................................... 21 False Alarms ............................................................................................................................................ 21 Notification of Fire .................................................................................................................................. 22 Contact Information to Report a Fire ..................................................................................................... 22 Items Allowed and Not Allowed in the Residence Facilities ................................................................... 22 Evacuating a Building during a Fire ......................................................................................................... 22 Fire Log .................................................................................................................................................... 23 Missing Student Notification ...................................................................................................................... 23 Contact Information for the Office of Student Affairs to Register a Confidential Contact .................... 24 Notification Procedures .......................................................................................................................... 24 Annual Disclosure of Crime Statistics ......................................................................................................... 24 Appendix A: Student Community Standards Procedures ........................................................................... 33 Appendix B: Employee Handbook Procedures ........................................................................................... 45 Appendix C: Privacy of Student Records ..................................................................................................... 50 Appendix D: Sexual Misconduct/Harassment Policy .................................................................................. 54 Appendix E: Retaliation ............................................................................................................................... 58 Appendix F: Reporting/Filing a Complaint for Title IX (Gender/Sex Discrimination).................................. 58 Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 3|Pag e Appendix G: Requests for Confidentiality ................................................................................................... 67 Appendix H: Other Complaints ................................................................................................................... 68 Appendix I: Student Services, Health, and Safety ....................................................................................... 69 Appendix J: Emergency Reference Guide ................................................................................................... 69 Appendix K: Drug-Free Schools and Communities Act Program Report .................................................... 70 Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 4|Pag e Introduction Ashford University (“University”) is providing the following information to all current and prospective students and employees as part of the University’s commitment to safety and security pursuant to the requirements of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) and the Violence Against Women Reauthorization Act of 2013 (“VAWA”), which added Campus SaVE Act provisions. VAWA amended the Clery Act, requiring institutions to compile statistics for incidents of domestic violence, dating violence, sexual assault, and stalking and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports. Effective July 1, 2015, the U.S. Department of Education published final regulations implementing the changes to the Clery Act by VAWA. Prior to July 1, 2015, in accordance with the Department’s Dear Colleague Letter GEN 14-13 dated July 14, 2014, the Department required institutions to make a “good-faith effort to comply with the statutory provisions as written” until the effective date of the final regulations. This report is prepared in cooperation with the local Clinton Police Department surrounding the University’s main campus and off campus housing location, the campus Public Safety Office, the department of Residential Life and Housing, and the Student Affairs Office. This report is prepared in cooperation with the local Clinton Police Department, the campus Public Safety Office, the department of Residential Life and Housing, and the Student Affairs Office. Campus crime, arrest, and referral statistics include those reported to the Campus Public Safety Office, designated campus officials (including but not limited to the Director of Student Affairs, the Associate Director of Campus Student Affairs, the Campus Registrar, the Campus Director of Security & Safety, other directors, deans, department heads, designated residence life staff, faculty advisors, and athletic coaches), and local law enforcement agencies. This report is compiled annually under the direction of the Director of Safety & Security (Campus Public Safety Office) and the Associate Vice President of Student Affairs (Student Affairs), who is responsible for checking the accuracy of reports and reconciling statistics to assure proper categorization and to avoid double counting. For questions about any of the information provided in this report, please contact the Director of Campus Security & Safety, Michael LeBlanc, at 563.242.4023, ext. 13052, or the Associate Vice President of Student Affairs, Poppy Fitch, at 866.974.5700, ext. 20702. Clery Geography Crimes are broken down by geographic location according to the following categories oncampus, non-campus building or property, and public property within the immediate vicinity. Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 5|Pag e On campus is defined as: Any building or property owned or controlled by the University within the same reasonably contiguous geographic area and used by the University in direct support of, or in a manner related to, the University’s educational purposes, including residence halls; and any building or property that is within or reasonably contiguous to (1)(C)(i)(1)(a) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor). This includes: St Clare Hall Durgin Hall Durham Hall St. Francis The Red House Parking Lot (Cemetery across Springdale) - Leased Practice Soccer Field – Leased Ladd Science Building On-campus housing facilities are defined as: Any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus. This includes: Regis Hall Durham Hall Non-campus building or property is defined as: Any building or property owned or controlled by a student organization that is officially recognized by the institution; or Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. This includes: BW* I Wireless Ashford University Field Tennis Center * Residential but non-campus Public property is defined as: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus. This includes: Park Roadways (near sidewalk, road and far sidewalk) Municipal Lot across the street Across Springdale Dr. N Bluff Rd Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 6|Pag e Valley Way Lincoln Way The Director of Campus Security & Safety will maintain an up-to-date list of the buildings and properties that the University owns or controls and the addresses for these properties and identify the geographic categories to which the buildings and property belong. The Director of Campus Security & Safety will identify the public property that is within or immediately adjacent to and accessible from the campus. Campus Security and Crime Prevention Policy Notification of the Campus Security and Fire Safety Report Annually by no later than October 1, the University distributes the Ashford University Campus Security and Fire Safety Report (“Report”) to every student (whether attending the Clinton, Iowa campus or online) and employee via email and posts the Report for the general public on its website. Anyone may also request a hard copy by emailing michael.leblanc@ashford.edu or poppy.fitch@ashford.edu. Reporting Crimes and Emergencies It is important for students, as well as other members of the campus community, to take responsibility for their own safety and well-being. The University strongly encourages students to take steps to ensure the safety and security of their belongings, themselves, and others. The Campus Public Safety Office maintains a crime log documenting any criminal incident or alleged criminal incident that occurs on the campus, on public property within or immediately adjacent to and is accessible from the campus, and is reported to the Campus Public Safety Office. This log extends beyond Clery Act crimes. This information is available for public inspection, upon request, during normal business hours. Information in the crime log includes the following: the nature of the crime, the date and time the crime occurred, a general location of the crime, the case number, and any known disposition of the complaint. Any portion of the log older than 60 days will be made available within two business days of a request for public inspection. The University reserves the right to maintain the privacy of both the victim and the accused in any of these situations except as may be required by law. Procedures for Reporting Criminal Actions or Emergencies The University encourages individuals to report any crime accurately and promptly to local police and to the Campus Public Safety Office when the victim of such crime elects or is unable to make such a report. For immediate assistance, please contact Campus Public Safety. Students may also contact the Clinton Police Department if they are the victim of a crime, if they witness a crime, or if they have information that would aid in solving a crime. Additional persons to whom a student or employee may report a crime or emergency include the Director of Student Affairs, the Associate Director of Campus Student Affairs, the Campus Registrar, the Campus Director of Security & Safety, or any other directors, deans, department heads, Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 7|Pag e designated residence life staff, faculty advisors, and athletic coaches. Contact Information to Report a Crime or Emergency Clinton Police Department Campus Public Safety Office Director of Campus Student Affairs Associate Director of Campus Student Campus Registrar Campus Director of Security & Safety 911 or 563.243.1458 563.242.2752, Room C1240 563.242.4023 x27152,Rm F2132 563.242.4023 x27154 563.321.1880, Room F213 563.242.4023 x27151, Room C2216 563.242.4023 x13052, Room C1240 University policies do not allow victims or witnesses to report crimes on a voluntary, confidential basis. For confidential reporting, contact the Clinton County Sheriff’s Office Crime Stoppers at 563.242.6595 or toll free at 888.883.8015. The Clinton Police Department (CLPD) maintains a “Text-A-Tip” anonymous hotline. Individuals may “Text-A-Tip” to CLPD by texting a message to 274637 (CRIMES). The University neither employs professional counselors or pastoral (faith-based) counselors for use by students, faculty or staff nor follows a policy that encourages pastoral counselors and professional counselors to inform the persons whom they are counseling to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics. All campus incident reports are forwarded to the Director of Campus Student Affairs for review and potential action by the Student Affairs Office if Student Community Standards and/or violations of law are suspected. When appropriate, these will be referred to law enforcement agencies. When a potentially dangerous threat to the University community arises, timely reports or warnings will be issued as set forth in the section entitled Timely Reports of Specific Crimes or Offenses below. Timely Reports of Specific Crimes or Offenses When a known crime is considered to have a serious or continuing threat to University students or employees, the Campus Public Safety Office and, the Student Affairs Office, will notify the campus community in a timely manner, withholding the names of victims as confidential, through one or more of the following methods, depending upon the nature of the incident: • Immediate notification of student body, faculty and staff utilizing the SendWordNow emergency notification system; • Resident students may be notified via building meetings, flyers, etc. • Entire student body and faculty and staff may be notified via flyer, posted information, email, or use of the SendWordNow emergency notification system, • If necessary, notification to the larger community via written press release or telephone call. Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 8|Pag e The University, without delay and taking into account the safety of the community, will determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible persons, compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate an emergency. Campus Public Safety Office The University maintains a security team supervised by a Director of Campus Security & Safety. Additional persons to whom a student or employee may report a crime or emergency include the Director of Student Affairs, Associate Director of Campus Student Affairs, and the Campus Registrar, and the local police. The University contracts with a professional security firm to provide additional security services. Campus Public Safety officers have the authority to ask persons for identification and to determine whether individuals have lawful business at the University. In addition, they have the authority to issue parking tickets for parking violations on University property. Campus Public Safety officers have no formal arrest authority. City, county, or state law enforcement officers make arrests, if necessary. The Campus Public Safety Office works closely with the Clinton Police Department, Clinton County Sheriff’s Office, and the Iowa Highway Patrol, and refers all criminal incidents to local authorities who have jurisdiction on campus. The Director of Campus Security & Safety and local authorities confer on issues of campus security and safety. The University and the local law enforcement authorities have not entered into a formal memorandum of understanding. Students and staff may contact the authorities directly. Campus Public Safety officers will make contact on behalf of the University or individuals involved if the officers determine it is necessary or when such contact is requested. The University takes any reported criminal action seriously and responds to it accordingly; the University relies on law enforcement authorities to assist during criminal investigations and emergencies. Security of and Access to Campus Facilities During business hours, access to the University (excluding certain housing facilities) is not restricted. During non-business hours, access to all University facilities is by access card or key, or by admittance via Campus Public Safety or Residence Life staff. Visitors to the campus are subject to school policies. Their student and employee hosts share responsibility for the lawful and appropriate behavior of visitors. All criminal incidents involving, or observed by, campus visitors should be reported immediately to the Campus Public Safety Office. Emergencies may necessitate changes or alterations to posted schedules. Public Safety officers conduct rounds of all campus buildings 24 hours a day, seven days per week. Campus Public Safety officers have access to all areas of campus, including the residence halls. During the Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 9|Pag e academic year, the Director of Student Affairs, the Associate Director of Campus Student Affairs, the Director of Campus Security & Safety, and the Director of Facilities meet periodically to discuss any issues of pressing concern related to facilities, security, and maintenance. Campus Public Safety officers also monitor the off-campus properties of the South Campus Athletic Field, Tennis Courts, and BW Residence Hall facilities. The University does recognize official student organizations that have sanctioned off-campus living or meeting facilities. Campus Awareness of Security Services Ashford University takes crime prevention seriously and informs students and staff throughout the year regarding various programs and opportunities to learn about campus security procedures and practices. The annual New Student Orientation held annually in June or July includes presentations on topics such as personal safety, home security, sexual assault prevention, domestic violence, hate crimes, and workplace violence, and offers a variety of experts in these areas. Faculty, staff, and continuing (including non-residential) students are strongly encouraged to attend these programs. A common theme of all awareness and crime prevention programs is to encourage students and employees to be aware of the shared responsibility for the safety and security of the University community. All faculty and staff receive emergency wallet cards that offer emergency procedure information and emergency contact numbers. Crime prevention information is posted on campus bulletin boards, in the Campus Safety Tips Brochure, and at presentations throughout the year. Crime prevention is covered during the fall and spring faculty retreat and, during semi-annual emergency management drills for faculty and staff. Further, regular safety updates are sent to faculty, staff, and students from the Director of Campus Security & Safety. The Director of Campus Security & Safety and Student Affairs maintains documentation of educational programming and safety updates. Alcohol and Drug Policies and Procedures The University continues to remain in compliance with the requirements of the Drug-Free Schools and Communities Act and has adopted and implemented programs to prevent the abuse of alcohol and use or distribution of illicit drugs by its students and staff. It is the University’s intent to provide a drug-free, healthful, safe, and secure academic environment. The University maintains written policies on alcohol and other drugs and has developed a thorough method for distributing this policy to every student and employee. The written materials are annually distributed in the Ashford University Drug Free Schools Communities Act Program (See Appendix K) and contain the following information: Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 10 | P a g e Standards of conduct that prohibit unlawful possession, use or distribution of illicit drugs and alcohol on it property or as a part of its activities A description of the health risks associated with the use of illicit drugs and abuse of alcohol A description of applicable legal sanctions under local, state or federal law A description of counseling or treatment programs A clear statement and description of the disciplinary sanctions the institution will impose on students and employees. This program is intended to supplement and not limit the provisions of the University's DrugFree Workplace policy applicable to University employees. The following policies and guidelines have been established to uphold the University’s obligation to its students, faculty, and surrounding community: University Student Alcohol Use Policies The University neither condones nor sanctions the use of alcohol. All individuals must observe the alcoholic beverage laws of the State of Iowa. The University strictly prohibits the unauthorized use, consumption, possession, and distribution of alcohol by any student, regardless of legal drinking age, within the residence halls, on campus grounds, or at Universitysponsored activities. The University Sanctions section set forth below provides additional explanation of the institution’s disciplinary procedures for students who violate this policy. For certain University events or functions, alcohol may be served only to those persons of legal drinking age who can verify their age with a state-issued identification, passport, or similar document. Written permission from the Campus Director or University President to serve alcohol and any legally required alcohol permits must be obtained prior to the function. University Student Drug Use Policies The unlawful possession, use, sale, or distribution of illegal drugs or controlled substances is prohibited within the residence halls, on campus grounds, or at University-sponsored events. Drug paraphernalia is strictly prohibited within the residence halls, on campus grounds, or at University-sponsored activities. The University Sanctions section set forth below provides additional explanation of the institution’s disciplinary procedures for students who violate this policy. Alcohol and Drug Prevention Programs The University provides counseling services related to drug and alcohol use and abuse for students. In addition, employees may receive services through our Employee Assistance Program. The University disseminates informational materials, education programs, and referrals regarding the use of alcohol and /or controlled substances. Students who violate University policies related to the use of drugs or alcohol are subject to the disciplinary Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 11 | P a g e procedures set forth in the Student Community Standards. Employees who violate the Drug Free Workplace policy face discipline, up to and including termination. The Student Affairs Office coordinates the Drug-Free Schools and Communities Act Program; however, other University departments and staff handle some services: Alcohol and Drug Education: Student Activities, Residence Life, Employee Assistance Program Counseling Referrals: Access and Wellness, Employee Assistance Program University Disciplinary Actions: Residence Life Staff, Director of Student Affairs Employee Disciplinary Actions: Human Resources The University provides local and national toll-free telephone numbers to help any member of the University community who may require assistance in dealing with a drug or alcohol problem. The University maintains this information on its Emergency Assistance page of the website and in the Clinton Community Health and Wellness Guide. State and Federal Laws Regarding Drugs and Alcohol Both state and federal laws prohibit distribution of, manufacture of, or possession with intent to manufacture or distribute a controlled substance or a counterfeit controlled substance. In general, state penalties for conviction under these laws range from up to two years to 50 years of confinement and a fine of $625 to $1,000,000, depending upon the type and quantity of drug involved. Specific drugs, amounts, and penalties are described in Iowa Code Chapter 124. For penalties relating to federal drug law violations, please see 21 U.S.C. Chapter 13, Subchapter I, Part D and http://www.justice.gov/dea/druginfo/ftp_chart1.pdf. Chapter 123 of the Iowa Code sets forth state law relating to the consumption of alcohol, and the following excerpts provide a partial summary of the statute: • It is unlawful to be intoxicated (or simulate being intoxicated) in a public place (§ 123.46(2)). • Persons under the legal age (21 years) are prohibited from purchasing or possessing alcoholic beverages (§ 123.47(2)). • It is unlawful to sell, give, or otherwise supply alcoholic beverages to a minor (§ 123.47(1)). • Those under the legal age may not present false evidence or misrepresent their age to a permittee or licensee for purposes of obtaining alcoholic beverages (§ 123.49(3)). • No person may sell or give alcoholic beverages to an intoxicated person (§ 123.49(1)). Anyone under the age of 21 who is caught driving with a blood alcohol level of 0.02 or more will lose his or her driver’s license or permit for at least 60 days (§ 321J.2A). Temporary driving permits for school, work, or other reason, will not be issued during the suspension period. A blood alcohol level of 0.02 is a very small amount–as little as one beer or drink. Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 12 | P a g e University Sanctions Regarding Drugs and Alcohol The University seeks to uphold University drug- and alcohol-related policies and laws and will impose disciplinary sanctions against those students and employees who violate them. Sanctions could lead to suspension or expulsion from the institution. Employees will be disciplined, up to and including, termination, and the University may refer students, faculty or employees who violate related laws to law enforcement for prosecution. As part of the disciplinary process, the University may also request that the student complete a rehabilitation program. Employees may self-refer or have a University referral to the Employee Assistance Program for assistance in dealing with the use of alcohol or a controlled substance. A criminal conviction is not necessary to find that a student or employee has violated the University Student Community Standards or the provisions of the Employee Handbook, and the University need not (and ordinarily will not) defer its own actions and sanctions pending the outcome of any criminal proceeding. Students and employees should refer to the Student Community Standards in the Academic Catalog (See Appendix A) and the Employee Handbook (See Appendix B), respectively, for additional information. Biennial Review The University conducts and publishes a Biennial Review of its Drug-Free Schools and Communities Act Program in order to: (a) determine the program’s effectiveness and implement needed changes to the program; (b) determine the number of drug and alcohol-related violations and fatalities that— (i) occur on the University’s campus or as part of any of the University’s activities; and (ii) are reported to campus officials; (c) determine the number and type of sanctions that are imposed by the University as a result of drug- and alcohol-related violations and fatalities on campus or as part of the University’s activities; and (d) ensure consistent enforcement of sanctions. Sexual Misconduct/Harassment Policies and Procedures The University is committed to maintaining an academic climate in which individuals of the university community can benefit fully from the University’s programs and activities. Acts of sexual misconduct violate a student’s sense of safety and trust and significantly interfere with their lives, including their educational goals. The University has developed policies and procedures to create a campus environment that prohibits retaliation, responds promptly and effectively to complaints of sexual misconduct, safeguards due process, and seeks a fair and effective resolution of the complaint. The institution created these policies and procedures in accordance Title IX and VAWA, their implementing regulations, and U.S. Department of Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 13 | P a g e Education Office for Civil Rights sub-regulatory guidance. Students and other persons may find these policies in the Student Rights and Responsibilities section of the Academic Catalog, (see Appendices C-I). Abusive sexual conduct by anyone is a threat to the entire University community. All individuals who believe another individual has personally violated them in a sexual manner should immediately report the incident to the Title IX/ Coordinator, Ashford University Campus Director of Student Affairs, Student Grievance Resolution Officer, University Security personnel, and/or to local police. Students are strongly encouraged to report all incidents that threaten their or another person’s continued well-being, safety, or security. University personnel will assist the student in notifying authorities, if requested. Reporting sexual misconduct helps: Protect the victim and others from future harm. Apprehend the alleged assailant. Maintain future options regarding prosecution. Disciplinary action, criminal, and/or civil action against the perpetrator. If you are raped or sexually assaulted: Go to a safe place. Think safety first. Preserve evidence. Do not bathe, shower, douche, change clothes or straighten up the crime scene. Contact someone who can help. The police, campus security, a friend, campus staff or faculty. Seek medical attention at a Hospital Emergency Room: o to assess and treat any physical injuries. o to determine the risk of sexually transmitted infections or pregnancy and to take appropriate measures. o to collect evidence. Individuals may report instances of sexual misconduct to the University Title IX/SaVE Coordinators: San Diego, CA Poppy Fitch: Associate Vice President, Student Affairs, Title IX/ADA Compliance Officer P / 866.974.5700 Ext. 20702 E / titleIX@ashford.edu M / 8620 Spectrum Center Blvd San Diego, CA 92123 Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 14 | P a g e Clinton, IA Jill Mussman: Associate Director, Career Services, Title IX/SaVE Deputy Coordinator P / 877.241.9893 Ext. 27155 E / titleix@ashford.edu M / 400 North Bluff Blvd, Clinton, IA 52732 Michael LeBlanc: Campus Director of Security and Safety, Clery Officer P / 563.242.4023 Ext. 13052 C / 563.321.1623 E / Michael.Leblanc@ashford.edu M / 400 North Bluff Blvd, Clinton, IA 52732 Employees may report sexual misconduct to the University Title IX/SaVE Coordinators, or to: Human Resources Kendra Myers, Vice President, Human Resources P / 866.475.0317 Ext. 11801 E / kmyers@bpiedu.com M / 13500 Evening Creek Dr N # 600, San Diego, CA 92128 Individuals with complaints of any nature described above always have the right to simultaneously file a formal complaint with the Office for Civil Rights (OCR), United States Department of Education, Washington DC 20201, and/or a criminal complaint with local law enforcement. Nondiscrimination Ashford University does not discriminate in its education programs and activities on the basis of race, color, creed, national or ethnic origin, religion, sex, pregnancy, childbirth and related medical conditions, marital status, medical condition, service in the uniformed services, political activities and affiliations, age, disability, sexual orientation, gender identity, veteran status, or any other consideration made unlawful by federal, state, or local laws. Specifically, Title IX/SaVE requires the University not to discriminate on the basis of gender/sex in its education programs and activities. Gender/sex harassment, including gender/sex violence, is a form of prohibited gender/sex discrimination. Examples of covered acts are found in the University’s policies on Sexual Misconduct. Other University policies and procedures can be found with the following links: Privacy of Student Records (see Appendix C) Sexual Misconduct/Harassment Policy (see Appendix D) Retaliation (see Appendix E) Reporting/Filing a Complaint for Title IX (Gender/Sex Discrimination) (see Appendix F) Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 15 | P a g e Requests for Confidentiality (see Appendix G) Other Complaints (see Appendix H) Sexual Assault Prevention Programs Programs to promote the prevention and awareness of sexual violence, sexual assault, domestic and/or dating violence, stalking, sexual exploitation, and other sexual misconduct offences are provided in order to promote a safe living and learning environment. Campus sexual assault prevention programs include Residence Hall Orientation, guest presentations on prevention, awareness, and response, and the Ashford Student Health 101 magazine, which provides regular features on sexual health and safety and which recently published a Title IX Special Edition. This publication is a compilation of all of the educational content delivered during the course of the 2014-15 academic year on topics related to gender equity, sexual violence, and sexual health and was provided to all students in August, 2015. Students attending the mandatory Residence Hall Orientation receive the University Sexual Misconduct Response Brochure that details the University policy regarding sexual misconduct, contains resource information for victims, and provides information on the University process for responding to reports of sexual misconduct. Additionally, information on sexual assault and community resources are available in the Office of Student Affairs, and additional information is on the Community Safety page of the Ashford University website. All students, faculty, and staff receive notification of the University’s Sexual Misconduct Process through the annual distribution of the Academic Catalog. Contact Information to Report a Crime or Emergency Clinton Police Department Campus Public Safety Office Director of Campus Student Affairs Associate Director of Campus Student Campus Registrar Campus Director of Security & Safety 911 or 563.243.1458 563.242.2752, Room C1240 563.242.4023 x27152, Room F2132 563.242.4023 x27154 563.321.1880, Room F213 563.242.4023 x27151, Room C2216 563.242.4023 x13052, Room C1240 Information Regarding Sex Offenders Iowa law requires sex offenders who reside, are employed, or attend school in Iowa to register with the county sheriff. The person must register within five business days of changing a residence, employment, or attendance as a student. (See Iowa Code § 692A.104) The Campus Sex Crimes Prevention Act requires institutions to inform members of the campus community of the means by which they can obtain information about registered sex offenders who may be present on campus. The campus community may find law enforcement agency information provided by the State of Iowa concerning registered sex offenders at www.iowasexoffender.com. Illinois registry information is available at Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 16 | P a g e http://www.isp.state.il.us/sor/. Questions regarding local sex offender registry can be directed to the Clinton County Sheriff’s Office at 563.242.9211. Under Iowa law, persons required to register as sex offenders are those convicted of a sex offense listed in Iowa Code section 692A.102, as well as individuals who are required to register as a sex offender in another jurisdiction under the other jurisdiction’s sex offender registry. Under Illinois law, persons required to register as sex offenders are persons who have been charged of an offense listed in Illinois Compiled Statutes 730 ILCS 150/2(B) when the charge results in one of the following: A conviction for the commission of the offense or attempt to commit the offense, A finding of not guilty by reason of insanity of committing the offense or attempting to commit the offense A finding not resulting in an acquittal at a hearing for the alleged commission or attempted commission of the offense. Fire and Emergency Response and Evacuation Policies and Procedures Emergency Evacuation Procedures General Information about the emergency response and evacuation procedures for Ashford University are publicized each year in the Student Services, Health and Safety section (see Appendix I) of the Academic Catalog. The University also publishes a Campus Emergency Reference Guide (see Appendix J) on its website that explains its emergency and evacuation procedures. SendWordNow Emergency Notification System During a significant emergency or dangerous set of circumstances involving an immediate threat to the health or safety of students, faculty, or employees on campus, the institution will use without delay its SendWordNow System to inform members of the University community, as well as provide other notifications, such as telephone, or calls, building alarms, or both. Through the SendWordNow system, notifications are sent by email to any outside email address or by text message to a cell phone. The messages are initiated by a member of the University’s Campus Crisis Response Team only when required for safety purposes. Students are automatically registered for the SendWordNow System, although information regarding opting out is available in the Student Affairs Office. The Campus Crisis Response Team is responsible for confirming if an emergency or dangerous situation exists, determining the level of emergency on campus, and whether circumstances warrant the use of the SendWordNow System. In this vein, the University will take into account the safety of the campus community and determine whether issuing a notification would (in Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 17 | P a g e their professional judgment) compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency. If the Campus Response Team decides that events warrant an emergency notification, it will develop the content of the communication, determine the appropriate segment or segments of the campus community to receive a notification, and initiate the use of the SendWordNow System. If necessary, notification will also be sent to the City of Clinton community through press releases, telephone calls, or both. The Campus Crisis Response Team includes the Campus Director/VP, Director of Student Affairs, Campus Communications Manager, Campus Facilities Director, Campus Director of Security & Safety, Campus Director of Information Technology, and the Campus Registrar. Contact Information for Campus Crisis Team Vice President/Campus Director Director of Campus Student Affairs Director of Communications Director of Facilities Information Technology Manager 563.242.4023, x 27101 Room C2320 563.242.4023 x27152 Room F2132 563.242.4023 x27110 Room C2420 563.242.4023 x13051 Room RH1220 563.242.4023 x 12701 Room RH1605 Campus Registrar Campus Director of Security & Safety 563.242.4023 x27151, Room C2216 563.242.4023 x13052, Room C1240 Non-Fire Evacuations and Drills Evacuating a Building (Non-Fire) When the evacuation alarm (fire alarm) is sounded, pre-determined monitors will report to their assigned areas and assist people in finding the exits or a designated place of safety. They will ensure that all occupants evacuate the building and/or areas of danger and facilitate the movement of those individuals requiring assistance. Residence Hall evacuation plans are maintained by the Office of Residence Life. Emergency evacuations are coordinated through the Residence Life Staff and the Campus Public Safety Office. Evacuation procedures provide a basic plan of action for all emergencies. Procedures are in place for each floor and building for egress routes. Responsibilities of Residence Life Staff, the Campus Public Safety Office, Maintenance, and Information Desk Staff response are predefined. In teaching and other academic areas, the University posts evacuation plans on the floor of each building. Faculty announce where the plans are posted on the floor at the beginning of each semester to each class. When the alarm sounds, faculty and staff must direct students to appropriate exits. Students and office personnel report to an Emergency Assembly Area located in the parking lot across the street from Durham Hall. The faculty member or staff supervisor must personally verify that everyone for whom they are responsible exited the building and safely arrived at the Emergency Assembly Area. Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 18 | P a g e Persons with disabilities or requiring assistance with evacuation should be consulted when considering options for safe and timely evacuation. Generally, stair landings and stairwells are checked first by the fire department and are the safest option for evacuation. Elevators should never be used to move persons with disabilities in emergency situations. Notify the police or fire department when a person with a disability or other person requiring assistance is waiting on a stairwell or stair landing during evacuation. As individuals evacuate any building, they should move out of the way of fire/safety responders and report to an Emergency Assembly Area. Tornado Awareness Tornado awareness and response training was conducted the week of March 24-28, 2014, to make students, faculty, and staff aware of campus tornado shelter locations and to identify the types of audible alarms based on the tornado threat level. Conducting Tornado Drills Upon activation of the City of Clinton audible alarm, the institution directs faculty, staff, and students immediately to take shelter in the designated tornado shelter areas of the University. The Campus Public Safety Office monitors the weather and immediately advises when it is safe to leave the shelter. Upon the notification of the end of the drill, each area is checked for injured students, faculty, staff, and visitors. Upon completion, the institution conducts a sweep of all facilities to check for damage. The Clinton County Emergency Management Office and the Iowa Area Manager of the National Weather Service conducted an unannounced drill for all campus facilities on Wednesday, March 26, 2014, at 10:00 a.m. The drill was terminated at 10:20 a.m. Post Drill The Campus Public Safety Office, Facilities Operations, and various staff members at the Clinton campus will document any violations and a conduct a debriefing of the drill (if needed). These officials will note the time for evacuations and review the effectiveness of personnel with assigned duties. Fire Safety Report Fire Safety Awareness Program and Staff Training At the beginning of each academic year, the Clinton Fire Marshall visits Ashford University to discuss fire safety with resident students, including fire prevention measures and evacuation procedures. Fire safety and severe weather evacuation procedures are reviewed at the annual Residence Hall meeting in August. Resident Assistants also review the information with their floor residents at their individual floor meetings. Fire safety education is conducted for faculty each fall during the faculty workshop and offers Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 19 | P a g e the opportunity for clarification of procedures. Faculty and staff are asked to review the webbased PowerPoint presentation. The Director of Campus Security & Safety also prepares annual reports to the University President and the Director of Campus Student Affairs detailing any recommendations for improvement in fire safety. Testing Emergency Response and Evacuation Procedures Unannounced drills are conducted by the Director of Security in each campus residence hall twice per year. Drills are also conducted for the entire campus twice per year in the fall and spring. The drills are conducted in order for the community to practice safe evacuation procedures. The SendWordNow emergency notification system is utilized and tested as a component of these drills. For each test, the Director of Campus Security & Safety will document a description of the exercise, the date, the time, and whether the test was announced or unannounced. Conducting Fire Drills The fire alarm is activated to begin the evacuation; once the evacuation is complete, the building is checked by staff to ensure that everyone has evacuated the building. Upon the arrival of the Clinton Fire Department, firefighters assume control of the building. Once the all clear is given, the Campus Director of Security & Safety will issue a message giving the all clear. Timed evacuations will be noted and responsibilities reviewed. During 2014, two unannounced fire drills were conducted in addition to a tornado drill. The team determined that the time in which the evacuations took place was satisfactory. Everyone evacuated as required, and a review of actions with staff was completed. On March 27, 2014, at 3:30 p.m., an unannounced fire drill was conducted at all University residential and non-residential facilities. The drill was terminated at 3:50 p.m. A second unannounced fire drill was conducted on October 15, 2014, at 10:30 a.m. in all University residential and non-residential facilities. The drill was terminated at 10:54 a.m. Post Drill After each drill, Campus Public Safety, Facilities Operations, and various staff members on site document the timing of the evacuations and conduct a debriefing of the drill. Fire Alarms Fire alarm boxes are located on every floor and are tested on an annual basis. Fire alarm boxes are directly connected to the Clinton County Law Enforcement Center. A fire can be reported by pulling the lever on any of these boxes. If a fire is suspected, University policy directs a student, Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 20 | P a g e faculty, or staff member immediately should immediately sound the building alarm, leave by the nearest exit, and notify the Campus Public Safety Office at 563.242.2752, and provide it with as much information as possible. Regis Residence Hall Smoke Detectors Every room and common area in Regis Hall has photo-electric smoke and heat detectors that are connected to a heat-activated alarm system. Fire Alarm/Sprinkler System Regis Hall is equipped with an Intelliknight 5820XL Addressable Fire Alarm Panel and Silent Knight. This advanced heat-activated alarm system monitors the sprinkler system of the building and controls water flow, temper switches, and pump-run functions. Fire Extinguishers Fire extinguishers are located on every floor in Regis Hall. Extinguishers are tested annually. Durham Residence Hall Smoke Detectors Every room and common area in Durham has photo-electric smoke and heat detectors that are connected to a heat-activated alarm system. Fire Alarm/Sprinkler System Durham Hall is equipped with an Intelliknight 5820XL Addressable Fire Alarm Panel and Silent Knight. This advanced heat-activated alarm system monitors the sprinkler system of the building and controls water flow, temper switches, and pump-run functions. Fire Extinguishers Fire extinguishers are located on every floor in Durham Hall. Extinguishers are tested annually. BW Residence Hall (The BW Residence hall is a non-campus housing facility. The institution includes this information in the Report for your reference.) Smoke Detectors Every hallway and common area in the BW has a photo-electric smoke and heat detector that is connected to a heat-activated alarm system. Fire Alarm/Sprinkler System The BW is equipped with Honeywell SK-5208 Alarm Control Communication. This heatactivated system monitors the public and common areas. False Alarms University policy declares that turning on a false fire alarm is both dangerous and illegal. A Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 21 | P a g e significant fine is also assessed for the misuses of fire extinguishers, activating alarms on emergency exit doors, or both. Notification of Fire In the event of a fire, the pertinent campus community must evacuate (if possible), pull the fire alarm, and ensure that the Campus Director of Security & Safety and the Director of Campus Student Affairs are immediately notified. The Campus Director of Security & Safety documents all fire-related incidences in the fire log within two business days of the report of the incident to the local fire department. Contact Information to Report a Fire Clinton Police Department Clinton Fire Department Campus Public Safety Office Director of Campus Student Affairs Associate Director of Campus Student Campus Director of Security & Safety 911 or 563.243.1458 911 or 563.242.0125 563.242.2752, Room C1240 563.242.4023 x27152,Rm F2132 563.242.4023 x27154563.321.1880, Room F213 563.242.4023 x13052, Room C1240 Items Allowed and Not Allowed in the Residence Facilities For a comprehensive list of the items prohibited by the University in the resident rooms, please see page 21 in the Residence Hall guidebook or contact the Office of Residence Life at 563.242.4023, x 27150. Items specific to fire safety that are prohibited are: • Hot plates/Toasters/Ovens • Heating elements of any kind, including sunlamps and halogen lamps • Candles/Incense/Candle Warmers • Extension cords (power strips with breaker switches/surge protectors, built-in are acceptable for use with computer and stereo equipment) • Deep fat-frying machines (submerging food in oil to cook is prohibited) The University complies with the Iowa Smoke-free Air Act. Smoking is prohibited on campus and in the BW Residence Hall. Evacuating a Building during a Fire The University provides the following guidance to the members of the campus community about procedures for evacuating a building during a fire: When an alarm sounds, individuals should keep low to the floor if there is smoke in the room and to feel the door or doorknob before opening any doors. If either is hot, do not open the door. If no heat is felt, open the door slightly to check for heat or heavy smoke. If heat or heavy smoke is present outside the room, close the door and stay in the room until help arrives. Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 22 | P a g e If you are unable to leave the room, seal up the cracks around the door using wet clothing, sheets, and the like. Hang an object out the window, such as a jacket, shirt, or sheet to attract attention. If a phone is available, call Campus Security at 563.242. 2752 and inform them of your location. If you are unable to leave the room, seal up the cracks around the door using wet clothing, sheets, and the like. Hang an object out the window, such as a jacket, shirt, or sheet to attract attention. If a phone is available, call Campus Security at 563.242. 2752 and inform them of your location. If you try to escape through a smoke-filled room or corridor, move quickly in a crouched position. Cover your head and body with something that can be easily discarded should it catch on fire (preferably wet) and breathe through a wet cloth, taking short breaths through your nose. After evacuating the building, stand clear; emergency equipment will need to maneuver around the buildings. Stay away from main entrances. Follow all directions given by fire and police personnel, Campus Security staff, or Residence Life staff. Even if an alarm has been turned off, you should not return to the building until authorized to do so by a Fire Department official. Never re-enter a burning building. The University has prepared an extensive guide relating to emergency evacuation procedures. The Emergency Reference Guide (see Appendix J) contains information on campus emergency contacts, as well as procedures for medical emergencies, bomb threats, violent crime, fire, evacuations, and weather emergencies. Fire Log The University maintains a fire log documenting any fire that occurs in an on-campus student housing facility. The log includes the nature, date, time, and general location of the fire. The log is available to the public during normal business hours. Any portion of the log older than 60 days shall be made available within two business days of a request for public inspection. Missing Student Notification The University has developed a missing student notification policy for students who reside in on-campus housing. Each student who resides in on-campus housing has the option to identify and register a confidential contact with the Office of Student Affairs. Only the Office of Student Affairs and local law enforcement have access to the confidential contact information and only for the purpose of a missing student investigation). This confidential contact will be notified by the Office of Student Affairs not later than 24 hours after the time that the student is Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 23 | P a g e determined missing in accordance with the following notification procedures. Contact Information for the Office of Student Affairs to Register a Confidential Contact Director of Campus Student Affairs 563.242.4023 x27152, Rm F2132 Associate Director of Campus Student Affairs 563.242.4023 x27154, Room F2130 If the missing student is under 18 years of age and is not an emancipated individual, the University must notify a custodial parent or guardian, as well as any confidential contact,, not later than 24 hours after the time that the student is determined missing. Not later than 24 hours after the time the student is determined missing, the University Campus Security Office will notify the local law enforcement agency and will provide the confidential contact information to local law enforcement at that time. Notification Procedures Any member of the University community with knowledge of a missing student who has been missing for 24 hours must immediately contact the Office of Student Affairs, which must immediately refer the report to the Campus Security Office. If, upon investigation of the official report, the Campus Security Office determines that student has been missing for more than 24 hours, the Office will contact the individual’s confidential contact registered with the Office of Student Affairs, and, if the student is under the age of 18, the student’s custodial parent or guardian via telephone within 24 hours. Regardless of whether the student has identified a contact person, is above the age of 18, or is an emancipated minor, the Office of Campus Security will inform the local law enforcement agency within 24 hours of a student determined to be missing. Annual Disclosure of Crime Statistics Federal law requires all institutions of higher education to collect and maintain statistics concerning specific crimes and to report these statistics annually to students and employees, and prospective students and employees. We report statistics to all Ashford students, including those enrolled in distance education courses and programs. The University gathers statistics concerning the occurrence of certain offenses on campus, in or on our off campus housing facilities, in or on non-campus buildings or property, and on public property. The University prepared this report in cooperation with the Clinton Police Department, the Campus Public Safety Office, the department of Residential Life and Housing, and the Student Affairs Office. Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 24 | P a g e Campus crime, arrest, and referral statistics include those reported to the Campus Public Safety Office, designated campus officials (including but not limited to the Director of Campus Student Affairs, the Associate Director of Campus Student Affairs, the Campus Registrar, the Campus Director of Security & Safety, other directors, deans, department heads, designated residential life staff, faculty advisors and athletic coaches), and local law enforcement agencies. If you should have questions about any of the information provided in this Report, please contact the Director of Campus Security & Safety, Michael LeBlanc, 563.242.4023 x 13052. Criminal Offenses OnCampus (Including Residence Halls) Residence Halls* (Excluding BW Residence Hall) NonCampus (BW Residence Hall) Public Property** 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 1 2 0 1 1 0 1 0 0 0 0 0 2 2 0 2012 2013 2014 1 2 1 0 0 0 4 2 0 0 0 0 5 4 1 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 0 0 0 0 0 0 0 0 0 0 Year Total* Robbery Aggravated Assault Burglary Motor Vehicle Theft Arson Criminal Homicide: Murder/NonNegligent Manslaughter Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 25 | P a g e 2014 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Criminal Homicide: Negligent Ashford University Campus Security and Fire Safety Report - Published October 1, 2015 26 | P a g e Criminal Offenses Year OnCampus (Including Residence Halls) Residence Halls* (Excluding BW Residence Hall) NonCampus (BW Residence Hall) Public Property** 2012 2013 2014 1 0 0 1 0 0 0 0 0 0 0 0 1 0 0 2012 2013 2014 0 0 1 0 0 1 0 0 0 0 0 0 0 0 1 2012 - - - - - 2013 2014 0 0 0 0 0 0 0 0 0 0 2012 - - - - - 2013 2014 0 0 0 0 1 0 0 0 1 0 2012 - - - - - 2013 2014 1 0 1 0 0 0 0 0 1 0 On- Campus (Including Residence Halls) Residence Halls* (Excluding BW Residence Hall) NonCampus (BW Residence Hall) Public Property** 0 0 0 0 Total* Sex Offenses – Forcible Sex Offenses Non- Forcible Domestic Violence NOT REPORTABLE Dating Violence NOT REPORTABLE Stalking NOT REPORTABLE Hate Crimes^ Year Total* Robbery 2012 0 27 | P a g e 2013 2014 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Aggravated Assault Burglary Motor Vehicle Theft Arson Larceny/Theft Simple Assault 28 | P a g e Hate Crimes^ NonCampus (BW Residence Hall) Public Property** Total* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 3 0 0 1 0 0 0 0 0 0 0 0 0 On-Campus (Including Residence Halls) Residence Halls* (Excluding BW Residence Hall) 2012 2013 2014 0 0 0 2012 2013 2014 0 0 0 Year Destruction Damage Vandalism of Property Any Crime involving bodily injury Intimidation 1 (bias of race) 1 (bias of race) 2013 3 (bias of gender) 2 (bias of gender) 1 (bias of race) 1 (bias of race) 2012 2014 Criminal Homicide: Murder/NonNegligent Manslaughter 2012 2013 2014 0 0 0 0 0 0 29 | P a g e Sex Offenses Forcible 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sex Offenses Non-Forcible Arrest/Persons Referred for Campus Disciplinary Action Year OnCampus (Including Residence Halls) Residence Halls* (Excluding BW Residence Hall) NonCampus (BW Residence Hall) Public Property** 2012 2013 2014 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 2012 2013 2014 7 2 0 7 2 0 17 10 13 0 0 0 24 12 13 2012 2013 2014 0 0 5 0 0 5 2 0 3 0 0 0 2 0 8 Total* Liquor Law Violations: Arrest Liquor Law Violations: Disciplinary Actions Drug Law Violations: Arrests 30 | P a g e Drug Law Violations: Disciplinary 2012 2013 2014 2 1 0 2 1 0 4 1 0 0 0 0 6 2 0 2012 2013 2014 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2012 2013 2014 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 Illegal Weapons Possessions: Arrests Illegal Weapons Possessions: Disciplinary Actions Fire Report/ Statistics Durham Regis Number of persons who received fire related injuries resulting in treatment at a medical facility Year Total Fires in each building Fire number Cause of fire 2012 0 N/A N/A 0 0 0 2013 2014 0 0 N/A N/A N/A N/A 0 0 0 0 0 0 2012 0 N/A N/A 0 0 0 2013 2014 0 0 N/A N/A N/A N/A 0 0 0 0 0 0 Deaths due to fire Value of Property Damage due to Fire 31 | P a g e BW 2012 0 N/A N/A 0 0 0 2013 2014 0 0 N/A N/A N/A N/A 0 0 0 0 0 0 *Residence Halls: Statistics reported in the Durham and Regis Residence Halls column are included in the On-Campus column. Statistics reflecting actions at the BW Residence Hall are included in the Non-Campus Property (BW Residence Hall) column. The “total” is the sum of the columns labeled “On-Campus” + “Non-Campus Property (BW Residence Hall)” + “public property.” **Public Property includes all public property, including thoroughfares, streets, sidewalks, and parking facilities, that are within the campus or immediately adjacent to and accessible from the campus. ^Hate Crimes: These include any crimes reported to local police agencies or to a campus security authority that manifest evidence that the victim was intentionally selected because of the victim’s actual or perceived race, gender, religion, national origin, sexual orientation, gender identity, ethnicity, or disability and refers to the following crimes: criminal homicide (murder and non-negligent manslaughter), sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, larcenytheft, simple assault, intimidation, destruction/damage/vandalism of property and any other crime involving bodily injury. 32 | P a g e Appendix A: Student Community Standards Procedures Student Community Standards The following Student Community Standards are applicable to individuals during all periods of enrollment following the submission of an admissions application and including institutional breaks or approved Academic Leaves from the University. Regardless of whether an individual has applied to or enrolled at the University, any concerns relating to sexual misconduct or discrimination are addressed in the sections entitled Nondiscrimination and Sexual Misconduct Policy. Ashford University is responsible for creating and maintaining an environment that is conducive to the pursuit of learning and living and to the development of students as scholars and citizens. Ashford University is committed to preserving the exercise of freedom of inquiry, freedom of thought, freedom of discussion and expression, and the right of peaceful assembly. Each student shall enjoy certain freedoms as a member of the academic community and should exercise his or her freedoms with responsibility. The responsibility to secure and maintain conditions conducive to the freedom to learn is shared by all members of the University community. University policies are necessary to safeguard the mission of Ashford University, thus protecting the freedom of students to learn without undue interference by others. If misconduct occurs, the University community must respond in ways that protect the rights and freedoms of all members of the community. The welfare and development of the individual student are primary concerns. To fulfill its function as an educational institution and to protect the rights of all the members of the University community, the University has the right and the duty to maintain order within the University and to exclude persons who disrupt the educational process. When necessary, the University will call upon the local, state, and/or federal authorities to maintain order. All students are expected to make themselves familiar with the Student Community Standards (hereinafter referred to as Standards). Ignorance of these Standards, including behavioral expectations, specific prohibited conduct, or consequences for misconduct is not a defense to, nor grounds for, excusing violations of the Standards. Please note that prospective students are required to uphold all relevant Student Community Standards. A prospective student who is found to have violated these Standards could be precluded from enrolling in Ashford University. The University reserves the right to refuse admission to any applicant whose behavior is deemed inappropriate based on communication with University employees. Admissions decisions are final. All references to “student” in the Student Community Standards section of this Catalog refer to current students, students no longer in attendance, and alumni. 33 | P a g e The University reserves the right to create, modify, or make changes to the Standards from time to time, as needed, or when it determines necessary in particular circumstances. The Standards may also be extended or amended to apply to new and unanticipated situations that may arise. Conduct Procedures - Student Community Standards Procedures Whenever a complaint is made for alleged misconduct or a Student Community Standard appears to be violated, the Conduct Administrator or designee will conduct an investigation of the allegations as soon as possible (generally, for offenses against the academic community, the President will designate the Vice President of Academic Services (online) or designee). The Conduct Administrator or designee may make any necessary modification to these procedures that does not materially jeopardize the fairness owed to any party. Notice of Complaint Once a determination is made that reasonable cause exists for the Conduct Administrator or designee to investigate and process a complaint, notice will be given to the accused student. Notice will be in writing, and may be delivered in person during a meeting with the Conduct Administrator or designee or via email. Email is considered an official form of University-related communication. Once emailed, such notice will be presumptively delivered when an email is sent. If a student is under the age of eighteen (18) years, a copy of the notice will be sent to the parents or guardian of the student. The letter of notice will state briefly a description of the incident alleged, as well as stating all policies the accused student is alleged to have violated and the possible consequences if the accused student is found in violation. The letter of notice will direct the accused student to contact the Conduct Administrator or designee within two business days (Monday through Friday) of receipt to respond to the complaint. The failure of a student to acknowledge the notice within two (2) business days will result in an administrative hold on the student’s account. This administrative hold will remove the student from all future scheduled courses and prevent transcripts from being issued. The hold will not be lifted until the student participates in either an informal or formal hearing and the Student Community Standards proceedings for the student are closed. Within the two business day period, the accused student may pose any questions about the charges or process to the Office of Student Affairs, and at that time or before, will respond to the charge in writing and may indicate to the Conduct Administrator or designee whether he or she admits or denies the allegations of the complaint. If the accused student admits the violation(s), an informal hearing will be held and the Conduct Administrator or designee will impose appropriate sanctions. Such a disposition will be final and there will be no subsequent proceedings, unless the sanctions include suspension or expulsion. In that case, the accused 34 | P a g e student may request a hearing by the Student Community Standards Committee on the issue of sanctions, only, or can choose to accept the sanctions imposed by Conduct Administrator or designee during the informal hearing. Ashford University divides complaints into minor and serious violations. Generally, with the exception of Academic Integrity violations, any misconduct that will result in less than separation is considered minor, and any misconduct that is likely to result in suspension or expulsion is considered serious. If the student accepts responsibility for the violation(s), prior to the hearing, whether minor or serious, the complaint will be resolved in an informal hearing, as previously described. If the student does not accept responsibility, minor complaints will be referred for an informal hearing, and more serious complaints will be referred to the Student Community Standards Committee for a formal hearing (see subsequent details on the proceedings of this committee). The Conduct Administrator or designee has discretion to determine the severity of the alleged violation(s), and whether informal or formal hearing procedures will apply. Decisions made by the Student Community Standards Committee or the Conduct Administrator or designee will be final, and sanctions implemented, pending the normal appeal process, described subsequently. The Conduct Administrator or designee has the authority to stay implementation of sanctions pending the appeal, at his or her discretion. Informal Hearings Procedures For hearing procedures relating to matters involving sexual misconduct or other sensitive issues, please see Special Procedural Provisions for Sexual Misconduct Sanction Hearings located in this section of the Catalog. For minor violations (or admitted serious violations), the Conduct Administrator or designee will, upon receipt of a written response from the accused student, schedule a hearing. Informal hearings will be heard by the Conduct Administrator or designee and will be non-adversarial and conversational in nature. Written notice of the time, date, and location of the hearing will be sent to the accused student at least two (2) business days prior to the informal hearing date and time. The accused student may additionally be notified in person, by telephone, or by email. Students may waive the two (2) day notice requirement if they prefer an expedited hearing. If a student fails to attend a scheduled hearing, the hearing may proceed as scheduled, and the Conduct Administrator or designee will make a determination on the basis of the evidence available at the hearing. If appropriate, sanctions will be implemented. A student may not avoid the impositions of sanctions by withdrawing with conduct charges pending. The hearing will still proceed, and any finding of a violation will result in a “WF” grade and other appropriate transcript notation. The conduct administrator may also impose an administrative hold on the student’s account in addition to or in lieu of resolving the charges in the student’s absence. This administrative hold will remove the student from all future scheduled courses and prevent transcripts from being issued. 35 | P a g e The hold will not be lifted until the student participates in either an informal or formal hearing and the Student Community Standards proceedings for the student are closed. At the informal hearing, witnesses and admissibility of information will be determined at the discretion of the Conduct Administrator or designee. The informal hearing will consist mainly of informal questioning and discussion of the alleged incident. The parties will notify the Conduct Administrator or designee, at least forty-eight (48) hours prior to the informal hearing, of the names of any advisors who may be accompanying the parties at the hearing; advisors are to be selected from members of the Ashford University community unless special permission for an outside advisor is granted by the Conduct Administrator or designee. o The advisor is only present to support the student. The advisor will not represent the student, speak on behalf of the student, or play an active role of any kind in the informal hearing process. o Advisors are permitted to speak with the student as necessary, privately or during the informal hearing, to fully perform a supportive role. After the informal hearing, the Conduct Administrator or designee will deliberate and determine whether it is more likely than not that the student has violated the Student Community Standards. Once a finding is determined, if that finding is that of a policy violation, the Conduct Administrator or designee will determine an appropriate sanction. The Conduct Administrator or designee will prepare a written finding, which will be shared with the accused student no later than two (2) business days following the hearing. Student Community Standards Committee Formal Hearing Procedures For hearing procedures relating to matters involving sexual misconduct or other sensitive issues, please see Special Procedural Provisions for Sexual Misconduct Sanction Hearings in this section of the Catalog. Notice Written notice of the time, date, and location of the formal hearing will be sent to all parties, who may additionally be notified in person, by telephone, or by email. Composition The Conduct Administrator or designee will name a Student Community Standards Committee to conduct a formal hearing to review complaints. The Student Community Standards Committee will consist of members selected by the Conduct Administrator or designee, and will consist of representatives from full-time faculty, Financial Services, Student Services, the Office of the Registrar, and senior academic administration. At any formal hearing before the committee, three (3) committee members and several alternates will be selected to transact the business of the committee. In sexual misconduct and related hearings, a three-member administrative panel will be utilized. Any member of such committee who believes he or she has a conflict of interest rendering him or her incapable of making an impartial decision will disqualify him or herself from that hearing and the Conduct Administrator or designee will appoint a person to take his or her place at that hearing. 36 | P a g e Record of Proceeding Proceedings before the Student Community Standards Committee will be recorded and will be made available or a copy will be provided to the parties if requested. Committee Procedures Once an accused student responds to an alleged violation, the parties will be given a minimum of seven (7) business days to prepare for a hearing. Students may request to waive the seven (7) day preparation requirement if they prefer an expedited hearing. At least forty-eight (48) hours before any scheduled hearing, the following may occur: The accused student will deliver to the Conduct Administrator or designee a written response to the complaint; The parties will deliver to the Conduct Administrator or designee a written list of all witnesses they each want the University to call on their behalf at the hearing, giving the full contact information of any such witness, if known; The parties will deliver to the Conduct Administrator or designee a written list of all items of physical information the parties intend to use or need to have present at the hearing, and will provide such information or indicate who has possession or custody of such information, if known; The parties will notify the Conduct Administrator or designee, at least forty-eight (48) hours prior to the formal hearing, of the names of any advisors who may be accompanying the parties at the hearing; advisors are to be selected from members of the Ashford University community unless special permission for an outside advisor is granted by the Conduct Administrator or designee. o The advisor is only present to support the student. The advisor will not represent the student, speak on behalf of the student, or play an active role of any kind in the formal hearing process. o Advisors are permitted to speak with the student as necessary, privately or during the formal hearing, to fully perform a supportive role. The Conduct Administrator or designee will ensure that this information and any other available written documentation is shared between the complainant(s) and accused student(s) at least twenty-four (24) hours before any scheduled hearing. Hearing officers may be unseated if Conduct Administrator or designee concludes that their bias precludes an impartial hearing of the complaint. Additionally, any Student Community Standards Committee member or hearing officer who feels they cannot make an objective determination must recuse himself or herself from the proceedings. If there is an alleged victim of the conduct in question, the alleged victim may serve as the complainant, or may elect to have the administration serve as complainant. Where there is no victim, the administration will serve as complainant. In any joint hearing, separate determinations will be made as to the responsibility of each student accused. The conduct administrator may elect to separate hearings that have been referred jointly or join those that have been referred separately. 37 | P a g e After a formal Student Community Standards Committee hearing, the Committee will deliberate and determine by majority vote whether it is more likely than not that the student has violated the Student Community Standards. The Conduct Administrator or designee will serve as the non-voting Chair during the hearing and deliberations to resolve all questions of admissibility, evidence and precedent. Once a finding is determined, if that finding is that of a policy violation, the Student Community Standards Committee will determine an appropriate sanction. The Chair is responsible for informing the Student Community Standards Committee of applicable precedent and any relevant previous violations of Student Community Standards by the accused student. All committee hearings will be recorded and the Chair will be responsible for completing the hearing file. The Conduct Administrator or designee will prepare a written deliberation report detailing the finding to include in the case record, including how each body member voted, the information cited by the body in support of its finding, and any information that the body excluded from its consideration, and why. This report should conclude with any recommended sanctions. This report typically should not exceed two pages in length, and must be submitted to the Conduct Administrator or designee within 48 hours after the end of deliberations. The Conduct Administrator or designee may make appropriate modifications and then will implement the final determination and inform the parties within seven (7) business days after the hearing. Admissible Information The committee will consider all information that is relevant and credible. The Committee may in its discretion limit or bar character witnesses. Any questions of the admissibility of information will be determined by the Chair. The past sexual history or sexual character of a party will not be admissible by the other party in hearings unless such information is determined to be highly relevant by the Chair. All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request, and must be reviewed in advance of the hearing by the Conduct Administrator or designee. While previous violations in Student Community Standards by the accused student are not generally admissible as information about the present alleged violation, the Conduct Administrator or designee may supply previous complaint information to the Committee when it may intend to establish a pattern in a complaint involving any form of sex/gender discrimination (e.g., stalking, relationship violence, sexual harassment, sexual misconduct, etc.). Sanctions The following sanctions may be imposed upon any student found to have violated the Student Community Standards: Written Warning: A notice in writing to the student that the student is violating or has violated institutional policies. The letter informs the student that continued misconduct will result in further conduct action up to and including removal from the University. The letter will be emailed and/or delivered to the student’s campus address for Clinton Campus students. For online students, the letter will be sent to the student’s email address on file with the University. 38 | P a g e Types of Probation Conduct Probation: The hearing body determines the beginning and ending dates. Students on conduct probation may incur additional sanctions for any subsequent violation of University policies and/or rules, whether or not this violation is related to the original violation for which conduct probation was imposed. Probation Restrictions: Students on probation may be subject to the following restrictions: They may not hold any office or leadership role in any student or University organization or activity. They may not represent the University in any on- or off-campus event. Other restrictions may be established for individual situations by the Conduct Administrator or designee. Loss of Privileges: Means a denial of specified privileges for a definite period of time. Privileges that may be lost include, but are not limited to, the following: Restricted Access: Student may be restricted from entering specified buildings or areas on campus, from attendance at specified campus events, or from use of specified equipment or facilities for definite periods of time. Fines: Fines may be imposed to restore damage to physical property. In addition, the hearing body may recommend that the University refuse: (1) to grant academic credits or degrees; or (2) to issue grades or transcripts to the student offender(s) or student member(s) of an offending organization, until such fine is paid. The method of payment will be specified by the hearing body imposing the fine. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. The conduct body may recommend that the University refuse: (1) to grant academic credits or degrees; or (2) to issue grades or transcripts to the student offender(s) or student member(s) of an offending organization, until restitution is complete. Educational Projects: Completion of an educational or developmental project such as, but not limited to, the following: attending a specific workshop or program, writing an article or research paper on a specified topic, making an oral presentation to a campus group, participating in specified counseling/evaluation, work assignments, and/or service to the University. The Conduct Administrator or designee may develop additional educational sanctions to meet individual student needs on a case-by-case basis. Suspension: Separation of the student from campus/online university access, classes and all privileges for a definite period of time, after which the student is eligible to return. The offender may not be on campus at any time or participate in University classes except to come to the Administration Building for matters directly related to the suspension. In cases where suspension prevents the completion of course work, the student will receive a “W” grade. Tuition and fees will be refunded as per applicable 39 | P a g e refund policies outlined in the Financial Information section of this Catalog. Any conditions for readmission will be stated in the order of suspension. Expulsion: Permanent separation of the student from the University. Tuition and fees will be refunded as per applicable refund policies outlined in the Financial Information section of this Catalog. The student is barred from being present on-campus and at University-sponsored events. The following sanctions may be imposed upon groups or organizations: Those sanctions listed previously; Deactivation: Loss of all privileges, including University recognition, for a specified period of time. More than one of the sanctions listed previously may be imposed for any single violation. Special Provisions Attempted Violations In most circumstances, Ashford University will treat attempts to commit any of the violations listed in the Student Community Standards as if those attempts had been completed. University as Complainant As necessary, Ashford University reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct. False Reports Ashford University will not tolerate intentional false reporting of incidents. It is a violation of the Student Community Standards to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws. Group Violations When members of groups, individuals acting collusively, or members of an organization act in concert in violation of any policy, they may be held accountable as a group, and a hearing may proceed against the group as joint accused students. In any such action, however, determinations will be made with respect to the involvement of each accused individual. Immunity for Victims Ashford University encourages the reporting of conduct code violations and crimes by victims. Sometimes, victims are hesitant to report to University officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to University officials. To encourage reporting, Ashford University pursues a policy of offering victims of crimes amnesty from policy violations related to the incident. 40 | P a g e Good Samaritan The welfare of students in the University community is of paramount importance. At times, students on and off-campus may need assistance. Ashford University encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, as student who has been drinking underage might hesitate to help take a sexual misconduct victim to Campus Security). Ashford University pursues a policy of immunity for students who offer help to others in need for any minor violations the Good Samaritan was involved in at the time. Parental Notification Ashford University reserves the right to notify parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The University may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is non-dependent, Ashford University will contact parents/guardians to inform them of situations in which there is a health and/or safety risk. Ashford University also reserves the right to designate which University officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act (FERPA). Notification of Outcomes The outcome of a Student Community Standards hearing is part of the education record of any student personally identified, and is protected from release under FERPA, a federal law. However, Ashford University observes the following legal exceptions: Complainants and accused in sexual misconduct and sexual harassment incidents have a right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation, and to be kept apprised of the status of investigations; The University may release the final results of a disciplinary proceeding in which a student who is an alleged perpetrator of a crime of violence or non-forcible sex offense, is found in violation of the University’s Student Community Standards. A crime of violence includes arson, burglary, robbery, criminal homicide (manslaughter by negligence, murder, and non-negligent manslaughter), forcible sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. The University may not disclose the name of any other student, including the victim or witness, without the prior written consent of the other student. The University will also release this information to the complainant in any of these offenses regardless of the outcome; In the event that the alleged victim is deceased as a result of the crime or offense, the notification will be made to next of kin (upon written request). Remedy of the effect of a sexual offense may include changes to the academic and residential housing of the complainant. Defenses It has become common for students accused of policy violations to try to defend their actions 41 | P a g e with excuses, such as prescription drug interactions, self-defense, alcohol, etc. Defending actions is admitting to a policy violation. While a student’s defense will not excuse his or her actions, Ashford University will take the legitimacy of his or her defense into consideration in addressing the proper sanction. Emergency Administrative Leave In situations requiring immediate action, and after consultation with concerned individuals (e.g., students, faculty, administrators, other staff members, internship, or student teaching supervisors, etc.), the Conduct Administrator or designee may place the student on an emergency administrative leave. Students placed on Emergency Administrative Leave are removed from all current and future courses. During Emergency Administrative Leave, the University administration will conduct a timely investigation. Students will remain on an administrative leave no more than 14 days from the student’s last date of attendance. Within that 14-day period, the University administration will follow University procedures for administration of the Student Community Standards and render a decision as to any change in status and/or and sanctions to be imposed by the University. Students on Emergency Administrative Leave are not permitted to return to campus or to participate in University classes or events. Involuntary Leave Ashford University considers the safety and well-being of its students, faculty, and staff as a top priority. The Involuntary Leave policy is not intended to be a substitute for appropriate disciplinary action when discipline is warranted, but may be used in cases when regular disciplinary proceedings cannot or should not be used, and after attempts to encourage the student to initiate a Voluntary Leave have been exhausted. Involuntary Leave is available to protect the health and safety of the University Community and is not a penalty. Grounds for Involuntary Leave A student may be subjected to Involuntary Leave if there is evidence that the student’s continued attendance presents an unreasonable risk of harm to members of the University Community. The leave will endure for a pre-determined period, or until the student no longer poses an unreasonable risk of harm, at which time the leave will end and the student will be reinstated. Grounds for Involuntary Leave include representing a significant threat to the safety and/or health of members of the University Community Procedure When the Conduct Administrator or designee receives credible information regarding a student’s behavior, statements, or actions that may constitute grounds for Involuntary Leave, the Conduct Administrator or designee will meet with the student to review the reported behavior, actions, and/or statements. If the Conduct Administrator or designee has a reasonable basis to believe that that the student meets the criteria for Involuntary Leave, he or she may take any of the following actions: 42 | P a g e Impose an immediate Emergency Administrative Leave if there is compelling evidence that the student poses high probability of substantial harm to others that cannot be mitigated by appropriate accommodations; and/or Require the evaluation of the student by an appropriate professional chosen by the University. The cost of the evaluation shall be paid for by the University. The evaluation shall be completed within 10 business days after the initial meeting with the Conduct Administrator or designee, unless an extension is granted. Evaluation In situations where a mandatory evaluation by a professional is expected, the student will be expected to sign written authorization to allow for the exchange of relevant information between the University and the evaluating professional. Failure to cooperate with the evaluation or sign the written authorization may result in a referral to the student conduct process. The professional making the evaluation shall assess the student’s ability to safely participate in the University’s educational program. The assessment shall inform the Office of Student Affairs’ determination of: The severity of risk posed by the student to the health and safety of members of the University community; The probability that potential harm may occur; and, Whether reasonable modification of policies, practices, and procedures will sufficiently mitigate the risk. If the evaluation results in a determination that the student’s continued attendance poses no significant threat to the health and safety of others, the University will take no further action under the Involuntary Leave policy. If the evaluation results in a determination that the continued attendance of the student presents a significant threat to the health and safety of others, the University may refer the matter to the Student Affairs department and/or will conduct an Involuntary Leave hearing to make an individualized and objective assessment of the student’s ability to safely participate in the University’s educational program. The assessment will include a determination of the severity of risk posed by the student, the probability that potential harm may occur, and whether reasonable modifications of policies, practices, and procedures will sufficiently mitigate the risk. The student may provide evidence showing he or she should not be placed on Involuntary Leave. If the hearing determines it is more likely than not that there is a direct threat of harm to others based on a high probability of substantial harm, the student will be placed on leave from the University until it can be demonstrated that the student no longer poses a direct threat and has met all appropriate conditions for return. Appeals of an Involuntary Leave will be handled in accordance with the Ashford University grievance procedures. 43 | P a g e During the period of either Emergency Administrative Leave or during a time period of Involuntary Leave after assessment, the student is not permitted to participate in University courses or events, or be present in any University facility or on any campus, except by the express permission of the Conduct Administrator or designee. Appeal of Involuntary Leave after Evaluation or Emergency Administrative Leave In situations where a student is involuntarily withdrawn as a result of either an Emergency Administrative Leave or as an action determined appropriate from the results of the assessment, a student shall be informed of his or her right to appeal the University’s decision regarding the Involuntary Leave. The appeal shall be in writing and directed to the VP/Campus Director (Clinton Campus modality) or the Vice President of Student Affairs, & Retention and Graduation (online modality) or designee and shall be received within ten (10) business days of the determination of the Involuntary Leave. Upon receipt of the appeal, the VP/Campus Director (Clinton Campus) or Vice President of Student Affairs, & Retention and Graduation (online) or designee shall set a hearing date no later than 15 business days after receipt of the appeal. The hearing shall be an informal proceeding and is not considered adversarial. At the hearing, the student will be provided with the opportunity to review any evaluations utilized by the University in the determination to invoke the Involuntary Leave policy. The student will also be provided with the opportunity to present relevant information from his or her perspective. The student may be accompanied by a person acting as an advocate who may be a family member or friend or member of the University community. The VP/Campus Director (Clinton Campus) or the Vice President of Student Affairs, & Retention and Graduation (online) or designee will review all the information presented in the hearing and make a determination of whether to uphold the involuntary leave of the student or consider readmission to the University. Readmission to the University A student who is involuntarily withdrawn under the Involuntary Leave policy will have the opportunity to be reinstated according to the time period specified in the decision letter from the Conduct Administrator or designee. The University may impose conditions upon the reenrollment status as appropriate. Consequences to Course Grades and Tuition or Other Fee Charges If the Involuntary Leave policy is invoked, the student will normally receive “W” grades (withdraw grades) in all courses in which he or she is currently enrolled, and will be considered eligible for a tuition credit upon re-enrollment. Regular tuition charges and other applicable fees will be refunded per the tuition refund policies outlined in the Financial Information section of this Catalog, based on the student’s last date of attendance. 44 | P a g e Appendix B: Employee Handbook Procedures 2.22 Corrective Action The Company may impose corrective action, including verbal or written discipline, suspension and/or termination to address performance problems or violations of Company policies. The Company may, in its sole discretion, use whatever form of discipline is deemed appropriate, up to and including termination of employment. The Company’s use of discipline does not alter the at-will employment status of its employees. Accordingly, either the employee or the Company can terminate the employment relationship at will, at any time, with or without reason and with or without notice. 2.23 Grievance Procedure These procedures apply to staff, faculty, and administrative employees who occupy positions other than “temporary” and have achieved regular employment status. Any employee of the Company, regardless of status, may bring to the attention of his/her supervisor, the appropriate dean or director, or the Employee Relations Representative, allegations discussed in section A below. Purpose, Concepts and Definitions The purpose of this procedure is to promote prompt and efficient investigation and resolution of grievances at the Company. These procedures shall be the method for resolving grievances. A. Grievance: The term “grievance” as defined in this policy shall apply to the following: A grievance is a written complaint by an individual employee or a group of employees alleging that the employee’s employment rights and entitlements have been adversely affected due to a violation, misapplication or misinterpretation of Company policies, regulations, or procedures as outlined in this Handbook. a claim by an individual employee regarding a specific management act which is alleged to have adversely affected the employee's existing terms or conditions of employment This grievance process does not apply to cases of alleged civil rights discrimination, sexual harassment or other forms of harassment. Guidelines and processes for complaints of discrimination or harassment are outlined in this Handbook at Section 4.3. Section 4.3 applies to all employees regardless of status. B. Grievant: The term “grievant” shall mean a staff, faculty or administrative employee (or group of employees) employed by the Company at the time of the action giving rise to the grievance. A Grievant who voluntarily resigns or retires from employment with the Company shall have their pending grievance(s) immediately withdrawn and will not benefit by any subsequent settlement or disposition of any individual or group grievance. Days: The term “working days” shall mean those days when the business offices of the Company are open. The term “calendar days” refers to all days in the month including 45 | P a g e weekends and holidays. Deadlines that fall on a day that is not a regular business day will automatically be extended to the next business day. The commitment of both the Company and the grievant is necessary so that the grievance procedure will achieve its designed objectives. Steps in the Grievance Procedure and time limits generally are followed as outlined below. Omission or re-ordering of one or more steps in the procedure may be approved in writing by the Vice President of Human Resources if the circumstances of the grievance justify such action. Delays in time limits at any step in the process may be requested and approved by the Company or the employee. Offers of Settlement: Settlement offers made at any stage of this grievance process including informal resolution, shall be inadmissible as evidence in subsequent steps of this process. Informal Resolution It is intended that, whenever possible, all grievances and/or concerns be resolved informally, before the filing of a formal grievance. Open communication between supervisors and subordinates is encouraged so that resorting to the formal grievance steps will not be necessary. Employees should first discuss the issues giving rise to the grievance and/or concerns with their immediate supervisors, who may be able to affect a prompt resolution. If your grievance involves your supervisor, you should address your concerns with the next higher supervisor on the organizational chart. In addition, during this informal process, the supervisor and/or employee are encouraged to contact an Employee Relations Representative for assistance in resolving grievances informally. Employee Relations will attempt to facilitate a satisfactory resolution for both parties. Formal Resolution of Problems Step 1 - Written Grievance If the grievance is not resolved satisfactorily at the informal level and the grievant wishes to pursue the matter further, the grievant may file a formal written grievance with the Human Resources office within thirty (30) calendar days from the date on which the employee knew or could be expected to know of the event giving rise to the grievance. The formal written grievance shall be submitted on the form located at http://insite.bridgepoint.local/dept/hr/Documents/EMPLOYEE%20GRIEVANCE%20FORM.docx The written grievance shall state the specific policy, regulation, or procedure alleged to have been misinterpreted, misapplied, or violated and/or the grievance must indicate the specific management act which has adversely affected the employee’s existing terms and conditions of employment. The grievance must also indicate the effect on the grievant, the date(s) of the action grieved and the relief requested. 46 | P a g e Employees may file the written grievance by submitting an Employee Relations ticket via the HR ticketing system (Employee Relations/File and Employee Relations Grievance), and uploading the completed grievance form to the ticket. Alternatively, employees may file the written grievance by personal delivery to Human Resources at the Evening Creek location, BPI Building First Floor or the grievance form may be scanned and sent via email to grievance@bridgepointeducation.com. The business hours for Human Resources are 8:00am5:00pm Pacific Time. A grievance must be received between 8:00am-5:00pm Pacific Time. Any grievance received after 5:00pm Pacific Time will be considered filed the next business day. Once the grievance has been accepted for processing, the Human Resources office will forward the Step 1 grievance to the employee’s supervisor unless the grievance involves the employee’s supervisor. If the grievance involves the employee’s direct supervisor, the grievance will be forwarded to the next level supervisor. The supervisor (or appropriate level supervisor), upon receiving the grievance, shall investigate the matter as appropriate and respond to the grievant orally or in writing through the Human Resources office within fifteen (15) working days of the date the grievance was received by the supervisor. If the response is not issued within this time limit, or if the grievance is not resolved at Step 1, the grievant may appeal the grievance to Step 2. Step 2 – Grievance Review If the grievance is not resolved at Step 1, the grievant may proceed to Step 2 by filing a written appeal of the Step 1 decision with the Human Resources office. This written appeal to Step 2 must be received by the Human Resources office within ten (10) working days of the date of the Step 1 decision. The appeal to Step 2 shall state the issues that remain unresolved from Step 1, the specific policy, regulation, or procedure alleged to have been misinterpreted, misapplied, or violated and/or the grievance must indicate the specific management act alleged to have adversely affected the employee’s existing terms and conditions of employment. The grievance must also indicate the effect on the grievant, the date(s) of the action grieved and the relief requested. The Human Resources office will forward the Step 2 appeal to the supervisor of the Step 1 responder or his/her designee. The Step 2 responder shall investigate the grievance as appropriate and respond to the grievant in writing through the Human Resources Department, within fifteen (15) working days from the date of receipt of the Step 2 appeal. Step 3 - Grievance Review - Sr. Vice President of Human Resources Following the issuance of the Step 2 response, if the grievance is not resolved satisfactorily at Step 2, the grievant may proceed to Step 3 by filing a written appeal of the Step 2 decision with the Human Resources office. The written appeal to Step 3 must be received by the Human Resources’ office within ten (10) working days of the date of the Step 2 decision. The written submission at Step 3 shall state the issues that remain unresolved, the specific policy, 47 | P a g e regulation or procedure alleged to have been misinterpreted, misapplied, or violated and/or the grievance must indicate the specific management act which has alleged to have adversely affected the employee’s existing terms and conditions of employment. The grievance must also indicate the effect on the grievant, the date(s) of the action grieved and the relief requested. The Step 3 appeal will be forwarded to the Sr. Vice President for Human Resources. The Sr. Vice President of Human Resources or his/her designee will review the matter and respond to the grievant orally or in writing within twenty (20) working days from the date of the receipt of the Step 3 appeal. The decision at Step 3 shall be final and binding. Policy on Retaliation No employee shall be discriminated or retaliated against or otherwise treated unfairly for filing a grievance, testifying or assisting in the investigation process pursuant to this grievance procedure. 2.24 Arbitration Agreement Introduction Binding arbitration of disputes, rather than litigation in courts, provides an effective means for resolving issues arising in or from an employment situation. Arbitration is generally faster, cheaper and less formal for all parties. Bridgepoint Education, Ashford University, and University of the Rockies (collectively referred to as “the Company”) are committed to using binding arbitration to resolve all legal disputes, whether initiated by the Company or by an employee, in a forum which provides this alternative to the court system. As a condition of employment, employees must also agree to use the arbitration forum. The Company’s agreement to use binding arbitration is confirmed by this statement; your agreement is confirmed by your acceptance and/or continuing your employment with the Company. Agreement The Company and employee will utilize binding arbitration to resolve all disputes that may arise out of the employment context. Both the Company and employee agree that any claim, dispute, and/or controversy that either employee may have against the Company (or its owners, directors, officers, managers, employees, agents, affiliated entities and parties affiliated with its employee benefit and health plans) or the Company may have against employee, arising from, related to, or having any relationship or connection whatsoever with my seeking employment by, my continuing employment with, or any other association with the Company, shall be submitted to and determined exclusively by binding arbitration pursuant to the Federal Arbitration Act. Included Claims Included within the scope of this agreement are all disputes, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation, common law, or otherwise, with exception of claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, claims for medical and disability benefits under the California 48 | P a g e Workers’ Compensation Act, Employment Development Department claims, or as otherwise required by state or federal law. In addition to addressing any and all Claims, the Arbitrator shall have exclusive authority to resolve any dispute relating to the arbitrability of any claim or the formation, interpretation, application, enforceability, or legality of this Agreement. However, nothing herein shall prevent an employee from filing and participating in proceedings before the California Department of Fair Employment and Housing, or the United States Equal Employment Opportunity Commission or any other similar state agency (although if such a claim is pursued following the exhaustion of such administrative remedies, that claim would be subject to these provisions). Further, if either party’s claim is within the jurisdictional limit of the local small claims court ($7,500 in California at the time of drafting) the party asserting such claims may opt out of this arbitration agreement and elect to pursue those claims in the small claims court. In addition, the employee and the Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Procedures Claims should be raised as promptly as possible, but in no event later than the time provided by the applicable limitations period. In addition to any other requirements imposed by law, the arbitrator selected shall be a retired Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge in a court of law. Except as provided in this Arbitration Agreement, the arbitration shall be held in accordance with the then current Employment Arbitration Rules of the American Arbitration Association, which are available at www.adr.org/employment or which will be provided to you by the Company upon request. The arbitrator shall have the authority to order such discovery, by way of deposition, interrogatory, document production, or otherwise, as the arbitrator considers necessary to a full and fair exploration of the issues in dispute, consistent with the expedited nature of arbitration. Consistent with the efficiencies of arbitration, the arbitrator may also allow for the hearing of any motions, including motions for summary judgment or dismissal. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law. The arbitrator may award any remedy or relief available in a court of law, consistent with applicable legal standards. The arbitrator shall not have the authority to combine individually filed arbitrations into a class action or collective action or consider claims on a class, collective, or representative basis. Awards shall include the arbitrator’s written reasoned opinion and a court of competent jurisdiction shall have the authority to enter a judgment upon the award. The arbitration shall be held in a location agreed to by the parties or as ordered by the 49 | P a g e arbitrator. Class Action Waiver All claims must be brought in the parties’ individual capacities and not as a representative or class member in any purported class, collective, Private Attorney General or representative proceeding. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective or representative action or as a class member in any purported class, collective action, Private Attorney General or representative proceeding. Costs and Fees Each party will pay his, her or its own attorney’s fees, subject to any remedies to which that party may later be entitled under applicable law. The Company shall initially bear the administrative costs associated with conduct of the arbitration, subject to: (1) a one-time payment by the employee toward these costs that is equal to the filing fee then required by the court of general jurisdiction in the state where the employee works; and (2) any subsequent award of the arbitrator in accordance with applicable law. Severability Should any term or provision, or portion thereof, be declared void or unenforceable or deemed in contravention of law, it shall be severed and/or modified by the arbitrator or court and the remainder of this agreement shall be enforceable. Entire Agreement This agreement supersedes any and all prior agreements regarding arbitration. Jury Waiver I understand that by agreeing to this agreement, both employee and the Company waive his/her/its rights to trial by jury. Appendix C: Privacy of Student Records The Family Educational Rights and Privacy Act of 1974 The U.S. Department of Education's Family Educational Rights and Privacy Act (FERPA) regulations afford students certain rights with respect to their education records. FERPA rights begin upon the student’s enrollment, which occurs when the student has been admitted to the University and attends any portion of a course. FERPA protected rights include the following: 1. The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access. Students should submit written requests that identify the record(s) they wish to inspect to the University Registrar or the Associate University Registrar-Campus Services. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the 50 | P a g e Registrar’s Office, the Registrar’s Office will facilitate the student’s access to the requested records. 2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Students may ask the University to amend a record that they believe is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. They should write to the Registrar, clearly identifying the part of the record they want changed, and specifying why it should be changed. If the University decides not to amend the record as requested by the student, the University Registrar will notify the student in writing of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing. If, as a result of the hearing, Ashford University decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the student will be afforded the opportunity to place with the education record a statement commenting on the contested information in the record and/or a statement setting forth any reason for disagreeing with the decision of the hearing. The statement placed in the education record by the student will be maintained with the contested part of the record for as long as the record is maintained. When the related record is disclosed to an authorized party, the record will include the statement filed by the student. 3. The right to provide written consent prior to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. An exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University. A school official may include any of the following: o A person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); o A person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); o A person or organization acting as an official agent of the institution and performing a business function or service on behalf of the institution; o A person serving on the Board of Trustees; or 51 | P a g e A student serving on an official committee, such as a disciplinary committee, or assisting another school official in performing his or her professional responsibilities. Upon request, the University discloses education records without consent to officials of another school in which a student seeks or intends to enroll, or is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer. The University may disclose education records without consent in connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions for the aid. The University may disclose education records without consent to parents in the following circumstances: o When a student is a dependent student as defined in Section 152 of the Internal Revenue Code of 1986; o When the student has violated any federal, state, or local law, or any rule or policy of Ashford University, governing the use or possession of alcohol or a controlled substance if Ashford University determines that the student has committed a disciplinary violation with respect to that use or possession, and the student is under the age of 21 at the time of the disclosure to the parent; or o The disclosure is in connection with a health or safety emergency. The University may disclose education records without consent when the information is deemed necessary to protect the health or safety of the student or other individuals in an emergency. The University may disclose education records without consent to comply with a judicial order or lawfully issued subpoena. Directory information can be published and/or disclosed to outside organizations without a student’s prior written consent. “Directory information” means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. If the student does not want Ashford University to disclose directory information from his or her education records without prior written consent, the student must notify the University Registrar in writing. A request for nondisclosure of directory information is valid unless or until the student requests a change in writing. Ashford University has designated the following information as directory information: o Student’s name o Participation in officially recognized activities and sports o Address o Telephone listing o Weight and height of members of athletic teams o Electronic mail address o Photograph o Degrees, honors, and awards received o Date and place of birth o 52 | P a g e Major field of study Dates of attendance Grade level The most recent educational agency or institution attended Enrollment status (e.g., undergraduate or graduate, full-time or part-time) Class rosters within the classroom The University may disclose education records without consent to authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or state and local educational authorities, such as a state postsecondary authority that is responsible for supervising the University’s statesupported education programs. o Disclosures under this provision may be made in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. These entities may make further disclosures to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. The University may disclose education records without consent to accrediting organizations to carry out their accrediting functions. The University may disclose education records without consent to organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. The outcome of a campus hearing is part of the education record of any student personally identified, and is protected from release under FERPA. However, Ashford University observes the following legal exceptions: o Complainants and accused in sexual misconduct and sexual harassment incidents have a right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation, and to be kept apprised of the status of investigations; o The University may release the final results of a disciplinary proceeding in which a student who is an alleged perpetrator of a crime of violence* or non-forcible sex offense, is found in violation of the University’s Student Community Standards. The University may not disclose the name of any other student, including the victim or witness, without the prior written consent of the other student. The University will also release this information to the complainant in any of these offenses regardless of the outcome; o In the event that the alleged victim is deceased as a result of the crime or offense, the notification will be made to next of kin (upon written request). o o o o o o *A crime of violence includes arson, burglary, robbery, criminal homicide (manslaughter by negligence, murder, and non-negligent manslaughter), forcible sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. 53 | P a g e The University may also disclose education records without consent under other exceptions authorized by FERPA. 4. The right to file a complaint with the US Department of Education concerning alleged failures by Ashford University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is: Family Policy Compliance Office US Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5920 Appendix D: Sexual Misconduct/Harassment Policy Gender/Sexual Discrimination, Misconduct, Harassment or Violence - Title IX/SaVE Purpose Ashford University is committed to maintaining an academic climate in which individuals of the university community have access to an opportunity to benefit fully from the University’s programs and activities. When students experience acts of sexual misconduct, their sense of safety and trust is violated. This can significantly interfere with their lives, including their educational goals. This policy has been developed to proactively create a campus environment in which incidents of sexual misconduct can be promptly and effectively responded to without further victimization, retaliation, and with possible remediation of its effects. Sexual Misconduct/Harassment Policy The University considered the Violence Against Women Reauthorization Act of 2013 (VAWA), and for the purposes of this Policy, the various sexual misconduct definitions listed below are by applicable jurisdictions. Definitions may vary by state. Sexual Harassment Sexual harassment includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that has the effect of unreasonably interfering with an individual's academic or work performance, or creates an intimidating, hostile, or offensive environment. Sexual violence is a form of sexual harassment prohibited by Title IX/SaVE. Three Types of Sexual Harassment 1. Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent or patently offensive so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include: 54 | P a g e The frequency of the conduct; The nature and severity of the conduct; Whether the conduct was physically threatening; Whether the conduct was humiliating; The effect of the conduct on the alleged victim’s mental or emotional state; Whether the conduct was directed at more than one person; Whether the conduct arose in the context of other discriminatory conduct; Whether the statement is a mere utterance of an epithet which engenders offense in an individual, or offends by mere discourtesy or rudeness; and Whether the speech or conduct deserves the protections under other principles such as academic freedom. Hostile Environment sexual harassment may occur in student to student, faculty/staff to student or student to faculty/staff relationships or third party to student/faculty/staff. 2. Quid pro quo sexual harassment exists when there are: Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and Submission to or rejection of such conduct results in adverse educational or employment action. Quid Pro Quo sexual harassment may occur in student to student, faculty/staff to student or student to faculty/staff relationships. 3. Retaliation The University will sanction a faculty, student, or staff member who takes adverse action against a person because of the person’s participation in or support of an investigation of Sexual Misconduct/Harassment. Adverse action includes, but is not limited to, threats, harassment, intimidation (implied threats) or actual violence against the person or his or her property, adverse educational or employment consequences, ridicule, taunting, bullying, or ostracism. Retaliation sexual harassment may occur in student to student, faculty/staff to student or student to faculty/staff relationships, or third party to student/faculty/staff. Title IX/SaVE also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature. Definitions and Examples of Sexual Misconduct/Harassment Sexual Misconduct Offenses include, but are not limited to: 55 | P a g e Sexual Violence Sexual Assault Domestic and/or Dating Violence Stalking Sexual Exploitation The University reserves the right to determine the applicable definition based upon factors including but not limited to location of alleged offense, applicable laws or location of the University. Under University policy or Title IX or other federal law, conduct may constitute sexual misconduct/harassment even though that conduct does not meet a specific state or other definition of an offense. Sexual Violence Sexual violence is defined as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion, domestic violence, dating violence, and/or stalking. Sexual violence can be carried out by University employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX. Consent Consent means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent. Submission under the influence of fear shall not constitute consent. Incapacitation Incapacitation is the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Where alcohol or drugs are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. Being intoxicated by drugs or alcohol does not diminish one’s responsibilities to obtain consent. The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the complainant was incapacitated. Sexual Assault Any person who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if: The person causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or The person knows that the victim is incapable of appraising the nature of the victim’s conduct; or 56 | P a g e The person knows that the victim submits erroneously, believing the person to be the victim’s spouse; or At the time of the commission of the act, the victim is less than fifteen years of age and the person is at least four years older than the victim and is not the spouse of the victim; or At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the person is at least ten years older than the victim and is not the spouse of the victim; or The victim is in custody of law or detained in a hospital or other institution and the person has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or The person, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or The victim is physically helpless and the person knows the victim is physically helpless and the victim has not consented. Domestic Violence Domestic violence means an act or threatened act of violence upon a victim with whom the person is or has been involved in an intimate relationship. “Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time. Domestic violence also includes any other crime against a victim, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a victim with whom the person is or has been involved in an intimate relationship. Dating Violence The term “dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship. The type of relationship. The frequency of interaction between the persons involved in the relationship. Stalking A person commits stalking if directly, or indirectly through another person, the person knowingly: Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a 57 | P a g e member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph, a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress. Sexual Exploitation Occurs when a person takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other Sexual Misconduct/Harassment offenses. Examples of sexual exploitation include, but are not limited to: Prostituting another student; Non-consensual video or audio-taping of sexual activity; Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); Engaging in voyeurism; and Knowingly transmitting an STI or HIV to another student. Appendix E: Retaliation Retaliation This policy also prohibits retaliation against a person who reports Sexual Misconduct/Harassment, assists someone with a report of Sexual Misconduct/Harassment, or participates in any manner in an investigation or resolution of a Sexual Misconduct/Harassment report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education. Appendix F: Reporting/Filing a Complaint for Title IX (Gender/Sex Discrimination) Reporting/Filing a Complaint for Title IX (Gender/Sex Discrimination) Sexual Misconduct/Harassment is a threat to the entire University community. Members from 58 | P a g e the University community are strongly encouraged to report all incidents that threaten a student’s continued well-being, safety, or security. Complaints from any member of the University community relating to discrimination, misconduct, harassment, domestic violence, dating or other related violence, stalking, or retaliation based on gender or sex concerning a faculty, staff, a student or students should be reported to: Title IX/SaVE Coordinator Ashford University: Poppy Fitch, Associate Vice President, Student Affairs, Title IX/ADA Compliance Officer. Poppy Fitch can be contacted at: Phone: (866) 974-5700, ext. 20702 Email: titleix@ashford.edu Mailing Address: 8620 Spectrum Center Blvd, San Diego, CA 92123 The Title IX/SaVE Coordinator is responsible for the oversight, coordination and implementation of all Title IX compliance activities for the University. Title IX/SaVE Coordinator responsibilities include, but are not limited to, monitoring of the ongoing publication of the University’s policy of Nondiscrimination including the Title IX/SaVE Coordinators contact information, continuous monitoring and oversight of overall University activities for compliance with Title IX requirements including athletic equity, grievance procedures, investigations, sanctions and evaluating requests for confidentiality. University personnel will inform students in writing of procedures that victims should follow, including: The importance of preservation of any evidence; Options regarding the assistance of local law enforcement, campus/site officials; The option to decline assistance, or decline notifying local law enforcement; Any interim protective measures that will be taken and their options for protective orders; and Resources including counseling, health, and mental health services. Individuals with complaints of any nature described above always has the right to simultaneously file a formal complaint with the Office for Civil Rights (OCR), United States Department of Education, Washington DC 20201, and/or a criminal complaint with local law enforcement. Receipt of Complaint Upon receiving notice of a possible violation of the Sexual Misconduct/Harassment policy, the University will take immediate and appropriate steps to: End the behavior; Conduct a prompt, fair and impartial investigation; Remedy the effects, and 59 | P a g e Prevent it from reoccurring. Referral to Office of Student Grievance Resolution Upon receipt of a complaint, the Title IX/SaVE Coordinator will refer the complaint to the Office of Student Grievance Resolution (OSGR), and if necessary, to Employee Relations, for investigation. The investigation will be completed and findings and sanctions issued within sixty (60) calendar days from the receipt of the complaint, barring documented unforeseen circumstances. In all complaints, the Title IX/SaVE Coordinator and, if necessary, Human Resources, will determine the need for initial, short term remedial actions. In order to protect the complainant, at any time during the investigation, the University may recommend short term, or interim, protections or remedies. These remedial actions may include, but are not limited to, making the complainant aware of their rights, resources and support services, issuance of No Contact orders to separate or limit contact between the parties, modification of extracurricular, transportation, dining, working or living arrangements or course schedules, assignments or tests, increased monitoring, supervising, or security at applicable locations or activities, and/or interim suspension(s) pending investigation. These remedies or protections may apply in ground or online contexts. Efforts will be made to minimize the burden on the complainant. Failure to comply with these interim protections may be considered a separate violation of this policy. Office of Student Grievance Resolution Initial Investigation into Complaint The Initial Investigation will be completed within ten (10) calendar days from the receipt of the complaint, barring documented unforeseen circumstances. Upon receipt of a complaint from the Title IX/SaVE Coordinator, the Office of Student Grievance Resolution (OSGR), and if necessary, Human Resources staff, will mutually investigate the complaint. OSGR and, if necessary, Human Resources staff, will mutually determine the identity and contact information of the complainant, whether that will be the initiator, the alleged victim, or a University proxy or representative. OSGR and, if necessary, Human Resources staff, will mutually collaborate with the complainant to identify the correct policies allegedly violated. OSGR and, if necessary, Human Resources staff, will mutually conduct an immediate initial investigation to determine if there is reasonable cause to charge the accused individual, and what policy violations should be alleged as part of the complaint. If a reasonable cause exists, OSGR and, if necessary, Human Resources staff, will mutually prepare the initial investigation 60 | P a g e report and if applicable, a proposed Notice of Charges on the basis of the initial investigation and submit it to the Title IX/SaVE Coordinator for further action. Once the Title IX/SaVE Coordinator receives a copy of the report of initial findings, the Title IX/SaVE Coordinator will review the findings and make a determination within three (3) calendar days of receipt of the initial investigation report and if applicable, the proposed Notice of Charges as to whether reasonable cause exists to bring charges against the accused individual. If reasonable cause exists, the matter shall proceed to a formal investigation. If the Title IX/SaVE Coordinator determines there is insufficient evidence to support reasonable cause, the Title IX/SaVE Coordinator or designee or, if necessary, Human Resources, will simultaneously and in writing inform the complainant and the accused that the investigation is discontinued. The interim, short term actions taken will be reversed. Notice of Charges and Continued Investigation of Complaint The decision whether to continue the Investigation will be made and communicated to the parties within fifteen (15) calendar days of the receipt of the complaint, barring documented unforeseen circumstances. The Title IX/SaVE Coordinator or his/her designee, will simultaneously communicate in writing to the parties the continuation of the investigation and intent to present the accused with a Notice of Charges. If the Title IX/SaVE Coordinator determines there is sufficient evidence to support reasonable cause and approve the charges, the Title IX/SaVE Coordinator and, if necessary, Human Resources staff, will mutually determine the need for additional, short term remedial actions for any parties involved in the complaint. In order to protect the complainant, at any time during the investigation, the University may recommend short term, or interim, protections or remedies. These remedial actions may include, but are not limited to, making the complainant aware of their rights, resources and support services, issuance of No Contact orders to separate or limit contact between the parties, modification of extracurricular, transportation, dining, working or living arrangements or course schedules, assignments or tests, increased monitoring, supervising, or security at applicable locations or activities, and/or interim suspension(s) pending investigation. These remedies or protections may apply in ground or online contexts. Efforts will be made to minimize the burden on the complainant. Failure to comply with these interim protections may be considered a separate violation of this Policy. The investigator(s) will conduct the investigation in a manner appropriate in light of the circumstances of the case, which will typically include interviews with the complainant, the respondent, and any witnesses. As part of the investigation, the University will provide an opportunity for the parties to present statements, witnesses, and other evidence. The interviews will be supplemented by the gathering of any physical, documentary, or other evidence, as appropriate and available including but not limited to law enforcement investigation documents and student or employee personnel files. The investigation is deemed to be adequate, reliable, impartial, prompt, balanced and 61 | P a g e fair, and all individuals will be treated with appropriate sensitivity and respect throughout the investigation. Any requests for updates on the status of the investigation prior to its completion should be directed to the Title IX/SaVE Coordinator. The investigator will make a finding and present the findings to the Title IX/SaVE Coordinator within forty-five (45) calendar days of the receipt of the complaint, barring documented unforeseen circumstances. The Title IX/SaVE Coordinator will communicate the results, if applicable, to Human Resources staff. At any time during this process, the individual maintains the right to simultaneously file a formal complaint with the Office of Civil Rights (OCR), United States Department of Education, Washington DC 20201, and/or a criminal complaint with local law enforcement. Presentation of Investigation Findings to the Parties The Title IX/SaVE Coordinator or designee, or, if necessary, Human Resources staff, will simultaneously and in writing communicate the findings to the accused and the complainant within fifty (50) calendar days of the receipt of the complaint, barring documented unforeseen circumstances. This communication will inform the parties whether the preponderance of the evidence supports a finding against the accused for the alleged violation(s). The communicated findings will inform the parties as to 1) whether there is a finding of sexual harassment; 2) whether the interim measures will continue; 3) what actions will be taken, including any disciplinary procedures that will be initiated; and 4) whether any assistance will be provided to the victim. Where the accused is found not responsible for a violation, the Title IX/SaVE Coordinator and Human Resources staff where applicable, will consider the reversal of any remedial actions taken. The accused or the complainant may appeal the findings in part or in whole; the Title IX/SaVE Coordinator or his/her designee will advise the parties of the criteria for appeal of the findings when communicating the findings. Investigation Findings: Acceptance If the complainant and/or accused individual(s) accept the findings in whole, each shall notify the Title IX/SaVE Coordinator within three (3) business days of communication of findings. If the complainant and/or accused individual do not indicate his/her acceptance or Appeal of the findings within three (3) business days of communication, non-communication will be considered acceptance and the University will proceed accordingly with the process four (4) business days following communication of the investigation findings. The Title IX SaVE/Coordinator will review all case information and determine appropriate sanctions within eight (8) business days following notification of all findings to the complainant and accused individual, barring documented unforeseen 62 | P a g e circumstances. If the accused is an employee, the Title IX/SaVE Coordinator in coordination with the Human Resources staff will determine appropriate sanctions. The Title IX/SaVE Coordinator, or Human Resources staff (if applicable) shall, within two (2) business days, barring documented unforeseen circumstances, simultaneously and in writing inform the complainant and the accused of the sanction decision. Sanctions against student(s) determined by this process are subject to the Sanction Appeal Process by either the accused or complainant. Investigation Findings Appeal If the complainant and/or the accused individual (s) disagree with the findings, in part or in totality, either the complainant or the accused may appeal the finding in part or in totality on the following bases: The accused and/or complainant wants consideration of new evidence, which was unavailable during the original investigation that could be outcome determinative. A summary of this new evidence and its potential impact must be included; The accused and/or complainant alleges that a material deviation from written procedures impacted the fairness of the process in a way that could be outcome determinative; The accused and/or complainant challenges the assertion that the evidence presented during the investigation process was sufficient to find them responsible by a preponderance of the evidence; or, The accused and/or complainant alleges bias by the investigator, or the Title IX/SaVE Coordinator which deprived the process of impartiality in a way that was outcome determinative. The accused and/or complainant have five (5) business days, barring documented unforeseen circumstances from the date of communication of findings, to present the formal appeal, in writing, to the Provost of Ashford University, Dr. Lori Williams. The Provost may be contacted as follows: Email: lori.williams@ashford.edu Mailing Address: Dr. Lori Williams Provost, Ashford University 8620 Spectrum Center Blvd, San Diego, CA 92123 Investigation Finding: Appeal Process Upon receipt of either party’s appeal of the findings, the Provost will acknowledge receipt of the notice within three (3) business days. The written appeal must state the basis for appeal and provide sufficient information that supports the grounds for appeal. The Provost or her designee will review all cases presented for appeal within five (5) business days of the appeal, barring documented unforeseen circumstances, to determine if the presented grounds for appeal and supporting information will be accepted or rejected. 63 | P a g e If the appeal does not meet the stated grounds for appeal, the appeal will be rejected. The Provost, shall, within two (2) business days of the determination, barring documented unforeseen circumstances, simultaneously and in writing, inform the complainant and the accused the appeal decision. If the President determines there is sufficient evidence to support an appeal, the matter will return to the Office of Student Grievance Resolution for further investigation unless the appeal alleges bias of the investigator which deprived the process of impartiality in a way that was outcome determinative or an assertion that the evidence was insufficient to meet the preponderance of the evidence standard. In those cases, the appeal will remain with the President or her designee for review and final decision. Whether the investigation goes to the Office of Student Grievance Resolution or remains with the President or her designee, the appeal investigation will be completed within fourteen (14) calendar days of submission to the Provost, barring documented unforeseen circumstances that may extend the appeal review. The Provost, and if applicable in coordination with Human Resources, will communicate the appeal findings simultaneously and in writing to the complainant and the accused. Additionally, the Provost will consult with the Title IX/SaVE Coordinator and Human Resources (when necessary) to consider the reversal of any remedial actions taken. Additional Information for Sexual Misconduct/Harassment Investigations Amnesty Policy. Ashford University encourages the reporting of crimes by victims and/or witnesses. Sometimes, victims and/or witnesses are hesitant to report to University officials because they fear that by reporting an incident he/she may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims and/or witnesses as possible choose to report to University officials. To encourage reporting, Ashford University pursues a policy of offering victims and/or witnesses of crimes immunity from policy violations related to the incident, as long as those policy violations are not directly related to the crime itself. For example, if a student reported a rape in which he or she was involved as an accused individual, he or she would not be immune from policy violations. Attempted Violations. In most circumstances, Ashford University will treat attempts to commit Sexual Misconduct/Harassment as if those attempts had been completed. False Reporting. Ashford University will not tolerate intentional false reporting of incidents. Group Actions. When members of groups, individuals acting collusively, or members of an organization act in concert in violation of any policy, they may be held accountable as a group or individually, and may proceed against the group of jointly accused students, or individually, at the discretion of the University. 64 | P a g e Right to Present Own Complaint or Use Proxy. The alleged victim has the right to present his or her own complaint if he or she wants to, or to ask the University to stand as complainant in his or her place. Sexual History. Questioning or presenting of evidence about the complainant’s prior sexual conduct with anyone other than the accused will be prohibited. Evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of Sexual Misconduct/Harassment. University as complainant. As necessary, Ashford University reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of Sexual Misconduct/Harassment. Possible Sanctions and Protective Measures Any student found responsible for violating the policy on Sexual Misconduct/Harassment may receive a sanction ranging from a verbal warning, probation, and suspension to expulsion/termination, depending on the severity of the incident, and taking into account any previous documented conduct issues. If the accused individual is an employee, sanctions will be determined by Title IX/SaVE Coordinator in consultation with Human Resources if applicable. In order to protect the complainant, at any time during the investigation, the University may recommend short term, or interim, protections or remedies. These remedial actions may include, but are not limited to, making the complainant aware of their rights, resources and support services, issuance of No Contact orders to separate or limit contact between the parties, modification of extracurricular, transportation, dining, working or living arrangements or course schedules, assignments or tests, increased monitoring, supervising, or security at applicable locations or activities, and/or interim suspension(s) pending investigation. These remedies or protections may apply in ground or online contexts. Efforts will be made to minimize the burden on the complainant. Failure to comply with these interim protections may be considered a separate violation of this policy. Sanction Process The Title IX/SaVE Coordinator will review all case information and determine appropriate sanctions within five (5) business days of notification of acceptance or determination on appeal barring documented unforeseen circumstances. Sanction Appeal Process Where either party, the accused or the complainant, disagrees with the sanction(s), either has five (5) business days from the date sanctions are communicated, barring documented unforeseen circumstances to present an appeal of the sanctions, in writing, to the Provost. The written request for appeal of the sanctions must state one or more of the five (5) basis for appeal (see the following), along with facts and information that support the grounds for appeal; and be accompanied by any relevant, new information 65 | P a g e or evidence that was not available during the investigation phase of the process. The Title IX/SaVE Coordinator will forward all case information to the Provost or designee who will make a determination as to whether there is sufficient evidence to support an appeal of sanctions on the basis of: o The availability of new information, unavailable during the original investigation, that could be outcome determinative regarding sanctions; o A potential material deviation from written procedures which impacted the fairness of the process in a way that was outcome determinative regarding the sanctions; o The potential of bias by the Title IX/SaVE Coordinator which may have deprived the process of impartiality in a way that was outcome determinative. o A belief that a sanction(s) is substantially disproportionate to the severity of the offense. The sanction(s) appeal will be reviewed by the Provost within five (5) business days of the sanction appeal notice, barring documented unforeseen circumstances, to determine whether there are sufficient grounds for appeal. If the appeal of the sanctions does not state a ground for appeal or sufficiently meet the grounds for appeal, the appeal will be rejected by the Provost or designee and the decision to reject the appeal communicated to the Title IX/SaVE Coordinator and if applicable Human Resources. The Title IX/SaVE Coordinator and if applicable Human Resources, will simultaneously and in writing inform the complainant and the accused of the rejection of the appeal within seven (7) calendar days of the determination, barring documented unforeseen circumstances. The Title IX/SaVE Coordinator will impose all sanctions on the accused student for the violation. Human Resources in consultation with the Title IX/SaVE Coordinator will impose all sanctions on the accused employee. Once the sanctions are carried out, the case will be closed. If the Provost determines there are grounds for the sanction appeal, the Provost will review all information presented with the sanction appeal and make a final sanction determination within fourteen (14) calendar days of acceptance of the appeal of sanctions, barring documented circumstances that may extend the determination. The Provost will forward the determination to the Title IX/SaVE Coordinator. The Title IX/SaVE Coordinator and if applicable, Human Resources, will simultaneously and in writing inform the complainant and the accused of the appeal decision within seven (7) calendar days of the decision, barring documented unforeseen circumstances. The Title IX/SaVE Coordinator or designee, and if applicable, Human Resources, will impose all sanctions for the violation. Once the sanctions are carried out, the case will be closed. Nondisclosure Agreements. The University will not require a party to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the redisclosure of information related 66 | P a g e to the outcome of the proceeding. Appendix G: Requests for Confidentiality Confidentiality Students or parents of minor students, reporting incidents of Sexual Misconduct/Harassment may ask that the students’ names not be disclosed to the accused or that no investigation or disciplinary action be pursued to address the alleged Sexual Misconduct/Harassment. The University strongly supports a student’s interest in confidentiality in cases involving Sexual Misconduct/Harassment. There are situations in which the University must override a student’s request for confidentiality in order to meet its Title IX obligations; however, these instances will be limited and the information will only be shared with individuals who are responsible for handling the University’s response to incidents of Sexual Misconduct/Harassment. Given the sensitive nature of reports of Sexual Misconduct/Harassment, the University will ensure that the information is maintained in a secure manner. The University is aware that disregarding requests for confidentiality can have a chilling effect and discourage other students from reporting Sexual Misconduct/Harassment. In the case of minors, state mandatory reporting laws may require disclosure, but will generally be followed without disclosing information to University personnel who are not responsible for handling the University’s response to incidents of Sexual Misconduct/Harassment. Even if a student does not specifically ask for confidentiality, to the extent possible, the University will only disclose information regarding alleged incidents of Sexual Misconduct/Harassment to individuals who are responsible for handling the University’s response. To improve trust in the process for investigating Sexual Misconduct/Harassment complaints, the University will notify students of the information that will be disclosed, to whom it will be disclosed, and why. Regardless of whether student complainant requests confidentiality, the University will take steps to protect the complainant as necessary, including taken interim measures before the final outcome of an investigation. For Title IX purposes, if a student requests that his/her name not be revealed to the accused or asks that the University not investigate or seek action against the accused, the University will inform the student that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the accused. The University will also explain that Title IX includes protection against retaliation, and that University officials will not only take steps to prevent retaliation but also take strong, responsive action if it occurs. This includes retaliatory action taken by the University and University officials. When the University knows or reasonably should know of possible retaliation by other students or third parties, including threats, intimidation, coercion, or discrimination (including harassment), it will take immediate and appropriate steps to investigate or otherwise determine what occurred. The University will protect the complainant and insure his/her safety as necessary. If the student still requests that his/her name not be disclosed to the accused, or that the University not investigate or seek action against the accused, the University will determine 67 | P a g e whether or not it can honor such a request while still providing a safe and non-discriminatory environment for all students, including the student who reported the Sexual Misconduct/Harassment. The Title IX Coordinator will evaluate confidentiality requests. If the University determines that it can respect the student’s request not to disclose his/her identity to the accused it will take all reasonable steps to respond to the complaint consistent with the request. Although a student’s request to have his/her name withheld may limit the University’s ability to respond fully to an individual allegation of Sexual Misconduct/Harassment, the University will investigate other means available to address the Sexual Misconduct/Harassment, without initiating formal action against the accused or revealing the identity of the student complainant. The University will also take immediate action as necessary to protect the student while keeping the identity of the student confidential. Appendix H: Other Complaints Other Complaints All other complaints, including non-harassment, other forms of sex/gender based discrimination, misconduct, harassment, violence or retaliation based on race, color, creed, national or ethnic origin, religion, pregnancy, childbirth and related medical conditions, marital status, gender identity, medical condition, service in the uniformed services, political activities and affiliations, age, disability, veteran status, or any other consideration made unlawful by federal, state, or local laws, should follow the relevant procedure outlined in the Dispute Resolution Procedure for Student Complaints and/or contact: Shandell Ruiz at (866) 475-0317, ext. 11322, Parrish Nicholls, ext. 11320, or any member of the Student Dispute Resolution Center at Dispute.Resolution@ashford.edu or (866) 974-5700 ext. 20091. An individual may also file a complaint or grievance alleging discrimination, misconduct, harassment, domestic violence, dating or other related violence, stalking, or retaliation based on gender or sex in the procedure outlined in the Dispute Resolution Procedure for Student Complaints, if they prefer; however these complaints will be routed back to the Title IX/SaVE Coordinator. The above complaint processes (Gender/Sex and Other Complaints) involve a thorough, impartial investigation designed to provide a fair, prompt, and reliable determination about whether the University nondiscrimination policies have been violated. As necessary, the University reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim. The University has an obligation to report any crimes of which it has knowledge under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). 68 | P a g e Appendix I: Student Services, Health, and Safety Severe Weather In the case of severe weather, listen for a warning siren and/or radio announcements. (On the Clinton Campus, the public address system will be used to make announcements in conjunction with a city activated warning siren.) If appropriate, the SendWordNow system may be used to transmit a message regarding severe weather. The severe weather/tornado siren sounds a steady blast or tone for three minutes. When a severe weather/tornado warning occurs, be prepared to take cover in a designated shelter area. Clinton Campus Public Safety staff, faculty, staff members, and Residence Life staff will assist students in moving to designated areas on campus. All students must move to the designated areas for the duration of the warning! Please note that it is everyone’s individual responsibility to be prepared and to educate themselves accordingly in the event of impending severe weather. Clinton Campus Public Safety and Residence Life staff will notify students when the “all clear” signal has been issued by the County Emergency Management. Students will then be allowed to leave the designated areas. Students are asked to cooperate with all directives given by University staff. NEVER USE THE FIRE ALARM FOR NOTIFICATION OF SEVERE WEATHER. In the case of severe weather, listen to local radio stations KROS, AM 1340; The Eagle, FM 94.7; or KCLN, AM 1390 or watch Quad-City area television stations WHBF, Channel 4; KWQC, Channel 6; or WQAD, Channel 8. Appendix J: Emergency Reference Guide 69 | P a g e EMERGENCY CONTACT INFORMATION: POLICE/FIRE/RESCUE.................................................................................................. 911 / 5-911 CAMPUS SECURITY....................................................................................................... EXT. 27056 (FROM CAMPUS PHONES) 563.242.2752 INFORMATION TECHNOLOGY (BTS).......................................................................... 563.242.4023, EXT. 12701 LEGAL INQUIRIES/ISSUES BRIDGEPOINT VICE PRESIDENT OF COMPLIANCE............................................... 800.798.0584, EXT. 11312 MEDIA INQUIRIES/STATEMENTS BRIDGEPOINT VICE PRESIDENT OF PUBLIC RELATIONS .................................. 800.798.0584, EXT. 11601 AFTER HOURS CONTACT INFORMATION: CLINTON POLICE DEPARTMENT................................................................................ 563.243.1458 DIRECTOR OF CAMPUS SECURITY & SAFETY........................................................ 563.321.1623 DIRECTOR OF STUDENT AFFAIRS............................................................................. 563.321.1880 EMERGENCY REFERENCE GUIDE 400 NORTH BLUFF BLVD., CLINTON, IA 52732 15AUC0715 • AC0255 FIRE/EVACUATION - FIRE - EVACUATION - EVACUATING PERSONS WITH DISABILITIES VIOLENCE/BOMB THREAT - VIOLENT CRIME IN PROGRESS - A.L.I.C.E OPTION - BOMB THREATS: (BY PHONE OR WRITTEN) - CHECKLIST FOR PERSONS TAKING A BOMB THREAT CALL MEDICAL EMERGENCIES/MENACING BEHAVIOR - MEDICAL EMERGENCIES/MENTAL HEALTH EMERGENCY - MENACING BEHAVIOR NATURAL DISASTER/OTHER INCIDENTS - WEATHER EMERGENCIES - HAZARDOUS MATERIAL EXPOSURE - SUSPICIOUS MAIL/PACKAGES - EXPLOSIONS UTILITIES - BUILDING SYSTEM/UTILITIES FAILURES SAFETY/EMERGENCY COMMUNICATION - BUILDING/RESIDENCE HALL EMERGENCY INFORMATION - EMERGENCY COMMUNICATIONS - EMERGENCY EVENT OVERVIEW - EVENT RESPONSE NOTES - ASSESSMENT AND CARE TEAM (ACT) - WELLCONNECT COUNSELING SERVICES FIRE • Activate fire alarm by pulling on alarm box. • Alert people in the immediate area of the fire and evacuate safely. • Confine the fire by closing doors as you leave the area. • Notify Campus Security 563.242.2752 and 911 / 5-911 immediately noting the location and size of the fire. Always call from a safe location. • Evacuate the building. Do not use elevators unless directed to do so by authorized emergency personnel. • Do not re-enter the building until authorized emergency personnel give the “all clear” signal. • If smoke, heat, or flames block your exit routes, stay in the room with the door closed. - Place cloth (damp if possible) over your mouth and nose to act as a filter. - Signal for help using a bright-colored cloth at the window. - If there is a telephone in the room, call 911 / 5-911 to alert authorities of your whereabouts. • Report all fires to Campus Security, even those which have been extinguished. • See Emergency Event Overview for follow-up instructions. FIRE/EVACUATION EVACUATION Leave your building immediately when an alarm sounds or if you are instructed to do so by a member of the Evacuation Response Team or authorized emergency personnel. • Notify others on your way out. • Secure hazardous operations if possible. • Take only important personal items. Leave non-essential items. • Close doors behind the last person out of the room. • Walk quickly and orderly to the nearest safe exit. • Do not exit using elevators unless Evacuation Response Team or authorized emergency personnel tell you to do so. • Do not re-enter the building until Evacuation Response Team or authorized emergency personnel give the “all clear” signal. • Report any missing or trapped persons to Evacuation Response Team or authorized emergency personnel. • Move away from the building to an established evacuation area (area will be determined based on the emergency and condition of the campus). If you are required to leave the building immediately but are unable to do so due to a physical disability, injury or obstruction: • Go to the nearest area where there are no hazards. Hazard-free stairwell landings are the best areas to await assistance. • Notify Campus Security 563.242.2752 and/or 911 / 5-911 from a safe location. • Signal out the window to emergency responders, if possible. • Remain calm; responders will arrive. EVACUATING PERSONS WITH DISABILITIES Instructors and supervisors should be cognizant and proactive with persons who may need assistance during evacuation. Assisting Persons who are Blind/Visually Impaired: • Clearly announce the type of emergency. • Offer your arm for guidance. • Tell the person where you are going and alert him/her to obstacles along the way. Assisting Persons who are Deaf/Hearing Impaired: • Turn lights on and off to gain attention. • Indicate directions with gestures or a written note. Assisting Persons who are Mobility Impaired/Wheelchair Users: • Elevators should not be used for evacuation unless Evacuation Response Team or authorized emergency personnel tell you to do so. • Volunteers may assist students/personnel needing aid to the nearest hazard-free stairwell landing to await assistance. • One individual should remain with the person(s) if that can be done without unreasonable personal risk. • Others should advise emergency personnel of the location of those needing aid in order to complete the evacuation. • If an imminent danger situation exists and the person requests assistance in evacuation before emergency personnel can arrive, volunteers may evacuate the person per his/her instructions. • Emergency evacuation chairs are located on floor 3 of the main St. Clare stairwell and floor 3 of the Regis stairwell. VIOLENT CRIME IN PROGRESS • Indicators of a violent crime in progress: - PA system audible message: “LOCKDOWN”. - Text message indicating event. - Email message indicating event. - Voicemail message indicating event. • If exiting the building safely is possible: - Exit the building immediately. - Notify others as you exit the building. - Be aware of your surroundings. - Notify Campus Security 563.242.2752 and/or 911 / 5-911 immediately upon reaching a safe location. • If exiting the building safely is not possible: - Go to the nearest room or office. - Close and lock the door. - Cover the door windows. - Be quiet and act as if no one is in the room. - DO NOT answer the door. - Turn down volume of cell phone. - Notify Campus Security 563.242.2752 and/or 911 / 5-911 as soon as you are able. • See Emergency Event Overview for follow-up instructions. VIOLENCE/ BOMBTHREAT A.L.I.C.E. OPTION ALERT: Notify authorities and those in harm’s way of the danger at hand. It is important to be as clear and accurate with the information as possible. Remember to identify yourself, your location, key suspect information, any weapons, direction of travel, and a call back number. Do not hang up unless your safety is compromised or you are directed to by the dispatcher. LOCKDOWN or shelter in place. By locking down and barricading entry points, you are making yourself a more difficult target and creating a stronghold that nobody should be able to enter. INFORM, give real-time updates. This step can be accomplished with things such as video surveillance equipment or public address systems. Updates during a violent intruder incident allow you to make sound decisions about how to react and what steps, if any, to take next. They can act as good distractors for the intruder. COUNTER* is the last resort. If you are in this position many objects can be used as distraction devices. Spread out, turn the lights out, and as a last resort be ready to unleash on the intruder if he/she enters you domain. You alone are the only person who can make this decision. *As an employee, you are not obligated to respond in the above manner. These strategies are examples for your consideration. EVACUATE or get out!! Your goal is to put as much time and distance as possible between you and the attacker. Do not use the same rally point as with fire drills, you will want to move further away. Examples are over the hill in the cemetery or the back side of the congregational church. Remember there are no guarantees in an active shooter/violent intruder situation, but just as in other emergency situation the more you know the better your chances of survival. Most importantly never give up! For telephone bomb threats: • Remain calm, note the exact words used by the caller, and note the time of call. • Check caller ID for information. • Do not hang up the phone on an incoming call. • Signal or email a co-worker to Notify Campus Security 563.242.2752 and 911 / 5-911 immediately. • Keep the caller on the line for as long as possible, and ask the following questions: - When will the bomb explode? - Where is the bomb? - What does it look like? - What kind of bomb is it? - What will cause it to explode? - Where did you place the bomb? - Why did you do it? - Where are you calling from? - What is your address? - What is your name? • Make a note of the tone, rate, and affect in the caller’s voice. • Is the voice familiar to you? • Note background noises. • Note the telephone number receiving the call. For written bomb threats: • Notify Campus Security 563.242.2752 and 911 / 5-911 immediately. • Do a quick visual inspection of your area. Do not touch or move any suspicious objects. • Do not use radios, pagers, or cell phones because they may trigger an explosive device. • Follow evacuation procedures. • See Emergency Event Overview for follow-up instructions. CHECKLIST FOR PERSONS TAKING A BOMB THREAT CALL If there is another person nearby, discretely signal that you are receiving a bomb threat. If not, wait to notify someone. Do NOT hang up the phone on which the call was received. Exact time of call: Length of Call: Date: Exact words of caller: Questions to ask (Keep them on the line as long as possible and stay calm) 1. When is the bomb going to explode? 2. Where is the bomb? 3. What does it look like? 4. What kind of bomb is it? 5. What will cause it to explode? 6. Where did you place the bomb? 7. Why did you do it? 8. Where are you calling from? 9. What is your address? 10. What is your name? Caller’s voice (circle) calmslowcryingslurredstutterdeeploudbrokengiggling accentangryrapidstressednasallispexciteddisguised sincere squeaky normal Voice familiar? well spoken irrational incoherent message read taped foul Who did it sound like? Were there any background noises? (circle) streetmusicfactoryotheranimalhousevoicesnoises pa systemboothstaticmotorlocalofficelong dist. Person’s name receiving call: Telephone # at which the call was received: If no second person, call 911 / 5-911 from another phone. MEDICAL EMERGENCY • Notify Campus Security 563.242.2752 and/or 911 / 5-911 immediately. • Do not attempt to move the victim unless the person is in danger of further injury. • Properly trained individuals should begin CPR and/or Automated External Defibrillator (AED) on an unresponsive victim who is not breathing normally. • Properly trained individuals should commence first aid while awaiting an ambulance, particularly to stop heavy bleeding. • If alcohol poisoning is suspected, keep the person awake. • See Emergency Event Overview for follow-up instructions. MENTAL HEALTH EMERGENCY In the event of overly threatening behavior constituting an immediate threat to self or others, notify Campus Security 563.242.2752 and/ or 911 / 5-911. In non-emergency situations, refer students to the Dean of Campus Student Affairs and Support Services or Associate Director of Student Affairs; refer faculty and staff to Employee Assistance Program (1.800.538.3543). • Express your concern directly to the individual. • Make referral in the presence of the individual and offer to accompany them. • Watch for changes in behavior: - Significant changes in academic or work performance; - Changes in hygiene, speech, attentiveness, or social interaction; - Excessive drinking or drug use; - Severe loss of emotional control; - High levels of irritability; - Impaired speech or garbled/disjointed thoughts; - Excessively morbid, violent or depressing themes in written assignments; - Verbal expression of suicidal or violent thoughts. • See Emergency Event Overview for follow-up instructions. MEDICAL EMERGENCIES /MENACING BEHAVIOR MENACING BEHAVIOR Contact Campus Security 563.242.2752 and/or 911 / 5-911. • Stay calm and unhurried in your response to the person. • Be empathetic and show your concern. • Try to sit down with the person, as sitting is a less aggressive posture than standing or moving around. • Be helpful. Schedule an appointment for a later time, take notes. • Provide positive feedback such as, “We can get this straightened out,” or “I’m glad you’re telling me how you feel about this.” • Stay out of arm’s reach. • Limit eye contact. • Do not argue, yell or joke. • Do not touch the person. If the person’s agitation increases, attempt the following: • Leave the scene. • Notify Campus Security. • Alert co-workers using an agreed-upon code word to indicate trouble. • Do not allow menacing behavior to go unreported. Alert Campus Security and co-workers immediately after the person leaves. • See Emergency Event Overview for follow-up instructions. WEATHER EMERGENCIES Security monitors weather radio which broadcasts news of weather watches and warnings. Tornado • Evacuate to designated areas – typically the lowest level of the building. • Move to interior of room, avoid windows. • Crouch down into a ball position and cover your head. • Avoid glass-enclosed places or areas with wide-span roofs, such as auditoriums and gymnasiums. • If outdoors, get into a building or, in case of tornado, find a low-lying ditch and lay down. • Avoid trees, power lines, and other hazards. • Wait until the “All Clear” signal is given by emergency personnel. Flash flood • Follow instructions given by authorized emergency personnel. • Do not seek shelter in ditches or low-lying areas. Weather closing information Refer to the notices posted on the Ashford University homepage at www.ashford.edu. NATURAL DISASTER /OTHER INCIDENTS HAZARDOUS MATERIALS EXPOSURE • Notify Campus Security immediately 563.242.2752 and dial 911 / 5-911. • If possible, try to identify the type of material for the operator. • Do not touch the material. • Confine the exposure by shutting doors or cordoning off the area. • If possible to do safely, extinguish all flames and ignition sources. • Notify people in neighboring offices and classrooms. • Sound the building fire alarm to initiate evacuation. • Evacuate to a pre-established safe area, such as the gravel parking lots away from the building. • Do not return to the building until instructed that it is safe to do so by University personnel or authorized emergency personnel. • See Emergency Event Overview for follow-up instructions. SUSPICIOUS MAIL/PACKAGES • Move away from suspicious items. • Do not move, open, cover, or interfere with the package. • Do not use radios, pagers, or cell phones because they may trigger an explosive device. • Notify Campus Security 563.242.2752 and/or 911 / 5-911 from a safe location. • Follow Security or Police instructions. EXPLOSIONS • Notify Campus Security 563.242.2752 and/or 911 / 5-911. • Take cover under study furniture or evacuate the building if directed to do so by authorized emergency personnel. • Signal for help by shouting or hanging an article of clothing from a window, but do not linger by windows. • If possible, move away from the site of the hazard to a safe location. • Do not use elevators. • Be careful of fallen debris, and of glass or heavy objects that might fall. • See Emergency Event Overview for follow-up instructions. BUILDING SYSTEM FAILURES • Activate alarm/emergency systems, if necessary. • Notify Campus Security 563.242.2752 immediately. • Turn off all utilities and equipment. • Extinguish flames if it is possible to do so safely. • Ventilate the room if time and situation permits. • Evacuate as necessary and specifically in cases of water or gas leaks. • See Emergency Event Overview for further instructions. • Report any persons trapped by calling security. UTILITIES FAILURES • Electrical outage - Evacuate as necessary and specifically in cases of water or gas leaks. - In laboratory buildings, fume hoods do not operate during a power outage and most laboratories should not be used until ventilation is properly restored. • Gas leak/Unusual odor - Cease all operations immediately. - Do not use cell phones or electronic equipment. - Do not switch lights on or off. - Evacuate as soon as possible. • Flooding/Plumbing failure - Cease using all electrical equipment. - Avoid contact with water. - Evacuate the area. Note: Do not use the elevator or light matches/candles or utilize lighters or anything that may cause a spark. • See Emergency Event Overview for follow-up instructions. UTILITIES BUILDING/RESIDENCE HALL EMERGENCY INFORMATION Fire alarm location Fire extinguisher location Emergency exits location Weather shelter location Defibrillators location Person(s) trained in CPR Evacuation meeting place Persons needing help during evacuation should meet Nearest emergency call box location Nearest weather radio location In all situations: Your first priority is your personal safety and the safety of others. SAFETY/EMERGENCY COMMUNICATION EMERGENCY COMMUNICATIONS Send Word Now (Emergency Notification System) This service is used to transmit brief messages of an urgent nature to the Ashford University community. Transmissions will be made via cell, home or office phone numbers on file with the registrar’s office. To update or change your notification contact information in Send Word Now: • Students: please visit the Registrar’s office. • Employees: change your information within the ADP Portal. Web site: www.ashford.edu Weather radio stations: FM 94.7, FM103.7, AM 1340 and AM 1390 Media Inquiries Comments made to the press are handled through the Bridgepoint Education (BPI) Public Relations department or assigned designees. Refer all media inquiries to the Director of Communications, 800.798.0584, ext. 27110. Legal Inquiries/Issues Bridgepoint Education Vice President of Compliance 800.798.0584 ext. 12701 Media Inquiries/Statements Bridgepoint Education Vice President of Public Relations 800.798.0584, ext. 11601 If approached in person by media personnel, please state “no comment” and refer to them to the Campus Director or BPI Vice President of Public Relations. Statements to Authorities: As an eyewitness to an event you may be asked to provide authorities with a statement.You may do so in accordance with your civic responsibility. EMERGENCY EVENT OVERVIEW The Crisis Response Communication Center (CRCC) Located in St. Clare Hall, C2320, the CRCC is designated as the primary control point for coordination and handling of the University’s response to Level 5 emergencies occurring on campus. University Crisis Response Plan and Communication Plan These plans are available from the Director of Security and Safety or Director of Communications. Evacuation Response Team members include: • Crisis Management Team Coordinator, responsible for: - Providing overall management/supervision of the emergency evacuation. - Handling all external (e.g. local authorities) and internal communications. - Making all decisions related to building emergencies and evacuation. Campus Security 563.242.2752 This office oversees the safety and security for the Ashford University Campus and is available 24 hours a day/7 days a week. • Floor Warden (Suite Monitor), responsible for: - Organizing and directing the students/staff/faculty Emergency Response Team for the assigned suite and common areas of the floor. - Keeping the Director of Security informed of absences of the Emergency Response Team members who are responsible for common areas. - Ensuring all common areas on assigned floor are evacuated. • Stairwell Monitors, responsible for: - Managing orderly evacuation through the stairwell entryway. - Directing traffic to the identified evacuation area. Event Response Notes Complete the Events Response Notes (included in this guide) and notify Crisis Management Coordinator to make proper/appropriate notifications. Incident Report Involved employees should work with Campus Security and/or Human Resources to complete an incident report for any emergency event. Victim Services/Counseling The Dean of Campus Student Affairs and Support Services will coordinate victim services/counseling for students and will coordinate with Human Resources to make arrangements for staff and faculty. EVENT RESPONSE NOTES Witnesses to emergency/crisis events should complete the following information to provide to their immediate supervisor and/or campus crisis management coordinator. Note: This form is for internal use only. Law enforcement officials who want a statement will complete their forms. Upon termination of the incident, all University personnel will meet with their department supervisor for information and a debriefing. Date: Time: Location: Individuals involved: Witnesses names: Brief description of incident/event: Who has been contacted/notified? Did any injuries occur? Yes No Hospital location(s): Event Response Review Were there any employees in danger or injured? Yes No If so, how many? To which hospital(s) were they taken? Have any family member(s) been notified? Yes No Has the situation been secured and is everyone currently safe? Yes No What impact/damage is there to the facility, if any? Describe the event: Time: Location: Persons involved: Details of the event: What action has been taken? University personnel? Yes No Law enforcement and/or emergency personnel? Yes No Who have you contacted to notify of the situation? What instructions have been given to employees/students? Is there media coverage? Yes No Who is currently in charge of the scene? ASSESSMENT AND CARE TEAM (ACT) Mission Statement In the interest of cultivating community welfare and safety, the Ashford Assessment and Care Team (ACT) proactively operates to raise awareness of concerning behaviors through training, accountability, and assessments. The team connects, communicates, and engages timely response and intervention to empower positive differences in people’s lives and to prevent preventable violence. The team serves as a resource providing referral, consultation, and support to the campus community. You can report anonymously to the ACT team by: Calling 563.242.4023, ext. 7445, or 800.242.4153, ext. 27122 Quick link on Student Portal You can also report to the ACT team by emailing ACT@ASHFORD.EDU WHAT KINDS OF THINGS SHOULD BE REPORTED TO THE ACT? The types of behaviors or actions that should be reported are listed below, though the list is not exhaustive. Reporters are expected to use their judgment as to what is reportable, erring on the side of over-reporting when in doubt. For example, if an incident seems minor, but other similar incidents occur in close proximity, they may indicate a pattern that is not visible to the witness of a single incident: • Extreme rudeness or insubordination to University officials, staff, faculty, or administrators • Classroom disruption • All violations of residence hall rules • All violations of the Student Code of Conduct • Drug or alcohol intoxication in the classroom or at campus facilities • Threatening words or actions • Writings that convey clear intentions to harm self or others • Observed self-injurious behavior, such as cutting, burning, etc. • Online postings that are threatening • Excessive class absenteeism • Suicidal signs – including threats (e.g., “I am going to kill myself”), gestures (e.g., erasing one’s hard drive), ideation (e.g., “I’ve always thought about killing myself by jumping off a cliff”), or attempts • Acts motivated by hatred or discrimination •Paranoia WELLCONNECT COUNSELING SERVICES Contact: 1.800.326.6142 The counseling services include the following: •Intervention. • Short term face to face counseling Your WellConnect website also offers solutions and assistance with everything from stress and depression, substance issues/ questions, relationship issues, and more. www.wellnessworklife.com Through Wellconnect you are also able to receive the following: Student Support Services Budget and Debt • Counseling • Creating a Budget • Depression • Credit Card Management • Substance Abuse • Debt Consolidation • Stress/Anxiety • Purchasing a home • Family Issues Community Referrals • Relationships • Community based resources to help you balance school/work/family demands. Legal Counseling • Contracts • Wills • Divorce/Custody New Parent Transition • Telephonic coaching support for new parents seeking work/life/school balance. Appendix K: Drug-Free Schools and Communities Act Program Report 70 | P a g e Ashford University Drug Free Schools and Communities Act Program Report December 2014 Introduction In compliance with the Drug-Free Schools and Communities Act, Ashford University (“University”) has implemented a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees. The Program requires the University to distribute information annually to students and employees concerning the possession, use, or distribution of alcohol and illicit drugs at the University. This information includes the University’s standards of conduct relating to the unlawful possession, use, or distribution of illicit drugs and alcohol, health risks associated with the use of illicit drugs and alcohol abuse, resources for obtaining assistance with drug and alcohol abuse, and a summary of legal sanctions for violations of Iowa State and Federal law, as well as University disciplinary actions relating to the unlawful possession, use, or distribution of illicit drugs and alcohol. Ashford University Drug Free Schools and Communities Act Program Report is sent annually in December to staff, faculty and students, and is distributed upon new hire or enrollment throughout the year. The Drug-Free Schools and Communities Act Program is intended to supplement and not limit the provisions of the University's Drug-Free Workplace policy applicable to University employees. The Office of Student Affairs provides an overall coordination of the Drug-Free Schools and Communities Act Program; however, some services are the responsibility of other University departments and staff, including: Alcohol and Drug Education: Student Access and Wellness, Student Activities, Residential Life, Employee Assistance Program Counseling Referrals: Student Access and Wellness, Employee Relations/Human Resources University Student Disciplinary Actions: Residential Life Staff, Director of Campus Student Affairs Employee Disciplinary Actions: Human Resources Standards of Conduct The following information outlines the University standards of conduct relating to the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on University property or as a part of University-sponsored activities: University Student Alcohol Use policy: The University neither condones nor sanctions the use of alcohol. All individuals are expected to observe the applicable local, state and federal laws. The University strictly prohibits the use, consumption, possession, and distribution of alcohol by any student, regardless of legal age, within the residence halls, on campus grounds, or at University-sponsored activities. For certain University events or functions, alcohol may be served only to those persons of legal drinking age who, if so requested by the event sponsor, are able to verify their age with a state 2 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a issued identification, passport or similar document. Written permission from the Campus Director or University President to serve alcohol, and any legally required alcohol permits must be obtained prior to the function. University Student Drug Use policy: The unlawful possession, use, sale, or distribution of illegal drugs or controlled substances is prohibited within the residence halls, on campus grounds, or at University-sponsored events. Drug paraphernalia is not permitted within the residence halls, on campus grounds, or at University- sponsored activities. Student Athlete Drug, Alcohol and Tobacco policy: Ashford University prohibits the unlawful possession, use, or distribution of drugs, alcohol, or tobacco by student athletes, on or off campus. The University and Athletics Department oppose the misuse or abuse of alcohol, which it defines as “any alcohol related behavior that adversely affects a person’s life in regard to physical health, feelings of self-esteem, personal or family relationships, educational, occupational goals or one’s standing in regard to local, state or federal laws.” All student athletes are to abide by Ashford University standards and the Student Community Standards as defined in the current Academic Catalog and any additional standards as determined by their coach via team rules. Students who violate the Ashford University Student Community Standards are subject to sanctions that may be independent of and/or in addition to those described below, per Catalog policy. Intercollegiate Athletics Drug Education and Testing Program policy: Ashford University has adopted a policy for drug education and the prevention of drug abuse. This policy includes the testing and education of student athletes involved in intercollegiate athletics at Ashford University. This policy is based on a presumption against the use of any artificial chemical substances that are not medically necessary (i.e., taken under orders of a physician, with notice to the athletic training staff). If an athlete has any questions about a given substance, then he/she should consult the Athletic Director. Residence Hall Drugs and Alcohol policy: It is the University’s intent to provide a drug-free, healthy, safe, and secure academic environment. The University’s Residence Hall policies on drugs and alcohol track the university policies. The following policies and guidelines have been established to uphold the University’s obligation to its students, faculty, and surrounding community: The University neither condones nor sanctions the use of alcohol. All individuals are expected to observe the alcoholic beverage laws of the State of Iowa. The University strictly prohibits the use, 3 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a consumption, possession, and distribution of alcohol by any student, regardless of legal age, within the University housing facilities, on campus grounds, or at University-sponsored activities. The possession, unlawful use, sale, or distribution of illegal drugs is prohibited on the University campus. Also, drug paraphernalia is not permitted on the University campus. For certain University events or functions, alcohol may be served only to those persons of legal drinking age. Written permission from the Campus Director or University President to serve alcohol and an alcohol permit must be obtained prior to the function. Employee Drug and Alcohol Policy: The University prohibits the manufacture, distribution, dispensation, sale, purchase, or transfer of any controlled substance by its employees on University premises or while conducting University business. The University prohibits the unlawful possession or use of any controlled substance by its employees on University premises or while conducting University business. Employees may not report to work under the influence of an unauthorized controlled substance. Controlled substances include those drugs listed in the federal Controlled Substances Act. The University also prohibits the use, possession, distribution, transfer or sale of any drug paraphernalia on University premises or while conducting University business. In addition, the University prohibits employees from reporting to work under the influence of, dispensing, possessing or using alcohol on University premises or while conducting University business except as permitted at specific University events. Legal Sanctions Local, state and federal laws prohibit the possession or use of, distribution of, manufacture of, or possession with intent to distribute a controlled substance or a counterfeit controlled substance. Specific drugs, amounts, and penalties are described in the Controlled Substances Act, available online at www.deadiversion.usdoj.gov/21cfr/21usc/ . These penalties include: 21 U.S.C.S. 862, Denial of Federal benefits, including student loans, grants, contracts, and professional commercial licenses. Persons convicted of illegal possession may be denied these benefits for up to one year for a first offense and up to five years for second and subsequent offenses. Persons convicted of drug trafficking may be denied these benefits for up to five years for a first offense and up to 10 years for a second offense. Upon a third or subsequent drug trafficking conviction, a person may be permanently ineligible for all Federal benefits. The following summary sets forth the legal sanctions under local, state or federal law for the unlawful possession or distribution of illicit drugs and alcohol. Please note that a student or employee who violates the University’s policies relating to the possession or distribution of 4 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a illicit drugs and alcohol is subject both to the University’s sanctions as well as any applicable criminal sanctions provided by local, state or federal law. Iowa Code § 124.401 and in 21 U.S.C. § 841(b). State and federal legal sanctions are subject to change by the Iowa General Assembly and the United States Congress, respectively. a. Penalty Enhancement. The maximum term and fine increase significantly if state or federal penalty enhancement rules apply. Factors which raise maximum penalties under federal penalty enhancement rules include death or serious bodily injury; prior drug conviction; placing at risk or distributing a drug to a person under 21 years old; using a person under 18 years of age to assist in the drug violation; and distributing or manufacturing a drug within 1,000 feet of school property, including the Ashford University campus. Penalty enhancement rules apply to defendants 18 years or older. Factors which raise maximum penalties under state penalty enhancement rules include using firearms or dangerous weapons in the commission of the offense. b. Possession. Both state and federal laws prohibit possession of a controlled substance and distinguish between “simple possession” and possession with intent to distribute. In Iowa, simple possession for a first time offender is a serious misdemeanor, carrying a minimum $315 fine and a penalty of up to a year incarceration and a maximum $1875 in fines. § 903.1(1)(b). If the substance is marijuana, the maximum penalty for a first time offender shall not exceed $1000 and/or 6 months incarceration. § 124.401(5). Under federal law, simple possession of any controlled substance, including marijuana, is a misdemeanor and first time offenders are subject to a minimum $1000 fine and up to a year incarceration. 21 U.S.C. § 844(a). If the defendant has prior convictions for drug offenses under either State or Federal law, the offense brings enhanced penalties. If the defendant is tried under the Federal statute, certain “mandatory minimums” may apply regardless of whether the previous offense was a State misdemeanor or a conviction under Federal law. Additionally, a person in possession of a small amount of a controlled substance for personal use may be assessed a civil fine up to $10,000 in addition to any criminal fine. 21 U.S.C. § 844(a). Persons in possession of a controlled substance (first offense) may also be denied Federal benefits including student loans, contracts, grants, and professional licenses for up to a year. 21 U.S.C. § 862(b). c. Driving While Intoxicated. Under state law, a person found guilty of operating a motor vehicle while under the influence of drugs or alcohol (blood concentration of .08 or greater) shall be imprisoned for not less than 48 hours and fined not less than $625 for the first offense. Iowa Code §321J.2(2)(a). For the second Operating While Intoxicated (OWI) offense the minimum period of confinement is seven days and a fine of not less than $1,875. Iowa Code §321J.2(2)(b). The minimum period of confinement for the third or subsequent OWI convictions is thirty days and could be up to one year, with a fine of not less than $3,125. Iowa Code 231J.2(2)(c). 5 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a The driver's license of an individual under 21 years of age who is found guilty of operating a motor vehicle with a blood alcohol concentration of .02 percent or more is subject to a 60-day suspension even if the individual is not legally intoxicated. Iowa Code § 321J.12(2)(c). For individuals convicted of OWI, the period of suspension is 180 days or more regardless of age. Iowa Code §321J.12(1). d. Alcohol-Related Offenses. Under state law, the drinking age is 21. State law prohibits: • public intoxication; § 123.46 • driving a motor vehicle with an unsealed receptacle containing an alcoholic beverage in the vehicle; § 123.28 • giving or selling an alcoholic beverage to anyone intoxicated; § 123.49 • possession of an alcoholic beverage under legal age; § 123.47 • knowingly providing alcohol to an individual under the age of 21. § 123.47 e. The City of Clinton prohibits: • Distribution of dangerous substances Clinton Ordinance § 131.01 • Consumption or possession of alcohol by persons under the age of 21 § 133.01 • Supplying a person who is under the age of 21 with alcohol § 133.01 • Attempting to purchase alcohol when under the age of 21 § 133.01 • Public Intoxication or simulated intoxication § 133.02 • Consuming alcohol on school (K-12) property or while attending a public or private school function § 133.02 • Possession of alcohol in a park or city-owned property between the hours of 6 p.m. and 9 a.m., or 9 p.m. and 9 a.m. as designated in the ordinance, unless a permit is obtained § 96.05 • Possession of alcohol in a container larger than 32 ounces in a park § 96.06 • Possession, use, manufacture, or delivery of a controlled substance § 133.15 • Use, Possession with intent to use, or delivery of drug paraphernalia (defined in § 133.17) § 133.19 • Presence of persons under the age of 21 in bars § 110.05 • Persons found to violate any of the above Clinton Ordinances are generally guilty of a misdemeanor, although penalties may increase for repeat offenders or persons charge with the corresponding violation of State or Federal law. • The following is a summary of Iowa state penalties for drug offenses1: Persons found to violate any of the above Clinton Ordinances are generally guilty of a misdemeanor, although penalties may increase for repeat offenders or persons charge with the corresponding violation of State or Federal law. The following is a summary of Iowa state penalties for drug offenses1: 1 This chart is not a complete list of all drug-related offenses and is not intended as legal advice. The Iowa Code criminalizes 6 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a Offense - Marijuana Possession – First Offense: including possession with intent to deliver (not for sale) §124.401(5) Possession – Second Offense: §124.401(5); §903.1(b)(1) Possession – Third Offense or Greater: §124.401(5); §903.1(b)(2) Delivery, Manufacture, or Possession with intent to deliver: Less than 50kg §124.401(1)(d) 2 Delivery, Manufacture, or Possession with intent to deliver: 50kg – 100kg §124.401(1)(c) Delivery, Manufacture, or Possession with intent to deliver: 100kg – 1000kg §124.401(1)(b) Delivery, Manufacture, or Possession with intent to deliver: Over 1000kg §124.401(1)(a) Possession of Drug Paraphernalia §124.414 Offense – Controlled Substance, non-Marijuana Iowa Drug Offenses 2012 Type of Offense Jail Term/Penalties Misdemeanor 0-6 months, includes a minimum of 48 hours, which can be suspended. Serious Up to 1 year, includes Misdemeanor a minimum of 48 hours, which can be suspended. Aggravated Up to 2 years, includes Misdemeanor a minimum of 48 hours, which can be suspended. Special Class Up to 5 years “D” Felony Fine $1000 $315 - $1875 $625 - $6250 $1000 - $7500 Special Class “C” Felony Up to 10 years $1000 - $50,000 Special Class “B” Felony Up to 25 years $5000 $100,000 Special Class “B” Felony Up to 50 years Up to $1,000,000 Simple Misdemeanor None, possible community service Type of Offense Jail Term/Penalties $65 - $625, plus $10 Drug abuse resistance surcharge Fine acts beyond just manufacturing the actual controlled substance: manufacture or delivery of “counterfeit substance, or a simulated controlled substance, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance” are all crimes under §124.401. Furthermore, this chart does not include sentence enhancements which may be relevant to individuals charged with accompanying firearm possession or individuals who involve minors in the crime. 2 This subsection also applies to manufacture, delivery, or possession with intent to deliver flunitrazepam, which is sometimes used as a “date rape drug.” 7 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a Possession – First Offense §124.401(5) Serious Misdemeanor Possession – Second Offense §124.401(5) Aggravated Misdemeanor Possession – Third and Subsequent Offense Delivery, Manufacture, or Possession with intent to deliver: heroin §124.401(1)(a), (b) Special Class “D” Felony Special Class “B” Felony Delivery, Manufacture, or Special Class Possession with intent to “B” Felony 3 deliver: coca leaves or cocaine, or ecgonine, or any mix of the above, their salts, isomers or derivatives §124.401(1)(a), (b) Delivery, Manufacture, or Possession with intent to deliver: PCP §124.401(1)(a), (b) Special Class “B” Felony Delivery, Manufacture, or Possession with intent to deliver: LSD §124.401(1)(a), (b) Special Class “B” Felony Up to 1 year, includes $315 - $1875 a minimum of 48 hours, which can be suspended. Up to 2 years, includes $625 - $6250 a minimum of 48 hours, which can be suspended. Up to 5 years $1000 - $7500 more than 1kg: Up to 50 years 100g – 1kg: Up to 25 years more than 1kg: Up to $1,000,000 100g – 1kg: $5,000$100,000 more than 500g, or more than more than 50g of a 500g, or more mix or substance that than 50g of a contains a cocaine mix or base: Up to 50 years substance that 100g – 500g or 10g – contains a 50g of a mix with a cocaine base: cocaine base: Up to 25 Up to years $1,000,000 100g – 500g or 10g – 50g of a mix: $5,000$100,000 more than 100g or more than 100g 1kg of a mix: Up to 50 or 1kg of a mix: years Up to 10g – 100g or 100g – $1,000,000 1kg of a mix: Up to 25 10g – 100g or years 100g – 1kg of a mix: $5,000$100,000 more than 10g: Up to more than 50 years 10g:Up to Less than 10g: Up to $1,000,000 25 years Less than 10g: 3 Except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine and their salts have been removed. 8 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a Delivery, Manufacture, or Possession with intent to deliver: any mixture containing methamphetamine, amphetamine, or any of their salts, isomers, and salts of isomers §124.401(1)(a), (b) Other Schedule I, II, and III Substances 4 - any amount Delivery, Manufacture, or Possession with intent to deliver: heroin – up to 100g §124.401(1)(c) Delivery, Manufacture, or Possession with intent to deliver: coca leaves5 or cocaine, or ecgonine, or any mix of the above - up to 100g, or up to 10g of a cocaine base mix Delivery, Manufacture, or Possession with intent to deliver: PCP – up to 10g or up to 100g of a mix Delivery, Manufacture, or Possession with intent to deliver: any mixture containing methamphetamine, amphetamine, or any of their salts, isomers, and salts of isomers – up to 5g of amphetamine, or any mix Special Class “B” Felony more than 5kg: Up to 50 years 5g – 5kg: Up to 25 years $5,000$100,000 more than 5kg: Up to $1,000,000 5g – 5kg: $5,000$100,000 Special Class “C” Felony Special Class “C” Felony Up to 10 years $1000-$50,000 Up to 10 years $1000-$50,000 Special Class “C” Felony Up to 10 years $1000-$50,000 Special Class “C” Felony Up to 10 years $1000-$50,000 Special Class “C” Felony Up to 10 years $1000-$50,000 4 Some examples of other Schedule I, II, and III controlled substances include mescaline, morphine, fentanyl, and hashish. Except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine and their salts have been removed. 5 9 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a Possession with intent to Special Class manufacture or deliver – “D” Felony ephedrine, pseudoephedrine, ethyl ether, anhydrous ammonia, red phosphorous, lithium, iodine, thionyl chloride, chloroform, palladium, perchloric acid, tetrahydrofuran, ammonium chloride, magnesium sulfate Schedule IV or V 6 Aggravated Misdemeanor Up to 5 years $100 - $7500 Up to 2 years, includes $625 - $6250 a minimum of 48 hours, which can be suspended. Driver’s License Suspension: Iowa Code § 901.5(10) – The Department of Transportation will revoke a driver’s license for 180 days under court order when a person is convicted of certain drug related offenses. If the license is already suspended or revoked, the 180 days begins after all other suspensions and revocations have expired. The triggering offenses could include any of the violations of § 124.401, § 124.401A. § 124.402, § 124.403, § 126.3, and Chapter 453B, many of which are listed on the chart above. Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana) 6 S II Substance/Qu Cocaine 500-4999 grams mixture II Cocaine Base 28-279 grams mixture I V Fentanyl 40-399 grams mixture Penalty First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. I Fentanyl Analogue 1099 grams Second Offense: Not less than 10 Substance/Quan Cocaine 5 kilograms or more mixture Cocaine Base 280 grams or more mixture Fentanyl 400 grams or more mixture Fentanyl Analogue 100 grams or Some examples of Schedule IV or V controlled substances include Tylenol with codeine or Valium. 10 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a Penalty First Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 yrs., and not I Heroin 100-999 grams mixture I LSD 1-9 grams mixture II Methampheta mine 5-49 grams pure or 50-499 grams mixture II PCP 10-99 grams pure or 100-999 grams mixture Substance/Quantity Any Amount Of Other Schedule I & II Substances Any Drug Product Containing Gamma Hydroxybutyric Acid yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. Heroin 1 kilogram or more mixture LSD 10 grams or more mixture Methamphetami ne 50 grams or more pure or 500 grams or more i t PCP 100 grams or more pure or 1 kilogram or more mixture more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual Penalty First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than Life. Fine $1 million if an individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. Flunitrazepam (Schedule IV) 1 Gram Any Amount Of Other Schedule III Drugs Any Amount Of All Other Schedule IV Drugs (other than one gram or more of Any Amount Of All Schedule V Drugs First Offense: Not more than 10 yrs. If death or serious bodily injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not i di id l Not more than 5 yrs. Fine not more than $250,000 if First Offense: an individual, $1 million if not an individual. $ if an First Offense: Not more than 1 yr. Fine not more than $100,000 individual, $250,000 if not an individual. $ Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances 11 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual. Marijuana First Offense: Not less than 5 yrs. or more than 40 yrs. If death or 100 to 999 kilograms marijuana serious bodily injury, not less than 20 yrs. or more than life. Fine mixture or 100 to 999 not more than $5 million if an individual, $25 million if other than marijuana plants an individual. Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50million if other than an individual. Marijuana First Offense: Not more than 20 yrs. If death or serious bodily 50 to 99 kilograms marijuana injury, not less than 20 yrs. or more than life. Fine $1 million if an mixture, individual, $5 million if other than an individual. 50 to 99 marijuana plants Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 Hashish million if other than an individual. More than 10 kilograms Hashish Oil More than 1 kilogram Marijuana First Offense: Not more than 5 yrs. Fine not more than $250,000, less than 50 kilograms $1 million if other than an individual. marijuana (but does not Second Offense: Not more than 10 yrs. Fine $500,000 if an include 50 or more marijuana individual, $2 million if other than individual. plants regardless of weight) 1 to 49 marijuana plants Hashish 10 kilograms or less Hashish Oil 1 kilogram or less Marijuana 1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants http://www.justice.gov/dea/druginfo/ftp_chart2.pdf Health Risks The following provides information on the health risks associated with the abuse of alcohol and use of illicit drugs. The U.S. Department of Justice provides information on the effects of alcohol and commonly used drugs and can be referenced on the U.S. Department of Justice’s website at http://www.justice.gov and http://www.justice.gov/dea/druginfo/factsheets.shtml (last visited November 13, 2014). 12 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a Alcohol: Alcohol consumption causes a number of marked changes in behavior. Even a low amount can 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 amounts of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high amounts of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high amounts cause respiratory repression and death. If combined with other depressants of the central nervous system, much lower amounts of alcohol will produce the effects described here. Alcohol is an important dimension in sexual violence in that many perpetrators are drinking when they attack their victims or experience alcohol abuse problems. 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 combined with poor nutrition, can also lead to permanent damage to vital organs, such as the brain and the liver. Based on language from the Mayo Clinic Consuming alcohol during pregnancy increases the risk that the child may be born with fetal alcohol syndrome. Problems that may be caused by fetal alcohol syndrome include physical deformities, mental retardation, learning disorders, vision difficulties and behavioral problems. Because alcohol affects many organs in the body, long-term heavy drinking puts people at risk for developing serious health problems, some of which are described below. Alcohol-Related Liver Disease: More than 2 million Americans suffer from alcohol-related liver disease. Some drinkers develop alcoholic hepatitis, or inflammation of the liver, as a result of long-term heavy drinking. Its symptoms include fever, jaundice (abnormal yellowing of the skin, eyeballs, and urine), and abdominal pain. Alcoholic hepatitis can cause death if drinking continues. If drinking stops, this condition often is reversible. About 10 to 20 percent of heavy drinkers develop alcoholic cirrhosis, or scarring of the liver. Alcoholic cirrhosis can cause death if drinking continues. Heart Disease: Moderate drinking can have beneficial effects on the heart, especially among those at greatest risk for heart attacks, such as men over the age of 45 and women after menopause. But longterm heavy drinking increases the risk for high blood pressure, heart disease, and some types of stroke. Cancer: Long-term heavy drinking increases the risk of developing certain forms of cancer, especially cancer of the esophagus, mouth, throat, and voice box. Women are at slightly increased risk of developing breast cancer if they drink two or more drinks per day. Drinking may also increase the risk for developing cancer of the colon and rectum. Pancreatitis: The pancreas helps to regulate the body’s blood sugar levels by producing insulin. The pancreas also has a role in digesting ingested food. Long-term heavy drinking can lead to pancreatitis, or inflammation of the pancreas. This condition is associated with severe abdominal pain and weight loss and can be fatal. Drugs: 13 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a Methamphetamine: Methamphetamine releases high levels of the neurotransmitter dopamine which stimulates brain cells enhancing mood and body movement. It also appears to have a neurotoxic effect damaging brain cells that contain dopamine and serotonin, another neurotransmitter. Over time, methamphetamine appears to cause reduced levels of dopamine, which can result in symptoms like those of Parkinson’s disease, a severe movement disorder. Users may become addicted quickly and use it with increasing frequency and in increasing doses. The central nervous system (CNS) actions that result from taking even small amounts of methamphetamine include increased wakefulness, increased physical activity, decreased appetite, increased respiration, hyperthermia, and euphoria. Other CNS effects include irritability, insomnia, confusion, tremors, convulsions, anxiety, paranoia, and aggressiveness. Hyperthermia and convulsions can result in death. Methamphetamine causes increased heart rate and blood pressure and can cause irreversible damage to blood vessels in the brain, producing strokes. Other effects of methamphetamine include respiratory problems, irregular heartbeat, and extreme anorexia. Its use can result in cardiovascular collapse and death. Cocaine: Cocaine is a strong central nervous system stimulant that interferes with the re-absorption process of dopamine, a chemical messenger associated with pleasure and movement. Dopamine is released as part of the brain’s reward system and is involved in the high that characterizes cocaine consumption. The physical effects of cocaine use include constricted peripheral blood vessels, dilated pupils, and increased temperature, heart rate, and blood pressure. The duration of cocaine’s immediate euphoric effects, which include hyper-stimulation, reduced fatigue, and mental clarity, depends on the route of administration. High doses of cocaine and/or prolonged use can trigger paranoia. Smoking crack cocaine can produce a particularly aggressive paranoid behavior in users. When addicted individuals stop using cocaine, they often become depressed, which may lead to further cocaine use to alleviate depression. Prolonged cocaine snorting can result in ulceration of the mucous membrane of the nose and can damage the nasal septum enough to cause it to collapse. Cocaine-related deaths are often a result of cardiac arrest or seizures followed by respiratory arrest. Heroin: Heroin abuse is associated with serious health conditions including fatal overdose, spontaneous abortion, collapsed veins, and infectious diseases, including HIV/AIDS and hepatitis. Mental functioning becomes clouded due to depression of the central nervous system. Long-term effects of heroin appear after repeated use for some period of time. Chronic users may develop collapsed veins, infection of the heart lining and valves, abscesses, cellulitis, and liver disease. Pulmonary complications, including various types of pneumonia, may result from the poor health condition of the abuser, as well as from heroin’s depressing effects on respiration. Marijuana: Recent research findings indicate that long-term use of marijuana produces changes in the brain similar to those seen after long-term use of other major drugs of abuse. Someone who smokes marijuana regularly may have many of the same respiratory problems as tobacco smokers. These individuals may have daily cough and phlegm, symptoms of chronic bronchitis, and more frequent chest colds. Continuing to smoke marijuana can lead to abnormal functioning of lung tissue injured or destroyed by marijuana smoke. MDMA (Ecstasy): MDMA causes injury to the brain, affecting neurons that use the chemical serotonin to 14 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a communicate with other neurons. The serotonin system plays a direct role in regulating mood, aggression, sexual activity, sleep, and sensitivity to pain. Many of the risks users face with MDMA use are similar to those found with the use of cocaine and amphetamines, such as: psychological difficulties including confusion, depression, sleep problems, drug craving, severe anxiety, and paranoia – during and sometimes weeks after taking MDMA; physical symptoms such as muscle tension, involuntary teeth clenching, nausea, blurred vision, rapid eye movement, faintness, and chills or sweating; and increases in heart rate and blood pressure, a special risk for people with circulatory or heart disease. There is also evidence that people who develop a rash that looks like acne after using MDMA may be risking severe side effects, including liver damage, if they continue to use the drug. Rohypnol, GHB, and Ketamine: Coma and seizures can occur following abuse of GHB and, when combined with methamphetamine, there appears to be an increased risk of seizure. Combining use with other drugs such as alcohol can result in nausea and difficulty breathing. GHB may also produce withdrawal effects, including insomnia, anxiety, tremors, and sweating. In October, 1996, because of concern about Rohypnol, GHB, and other similarly abused sedative-hypnotics, Congress passed the “Drug-Induced Rape Prevention and Punishment Act of 1996.” This legislation increased federal penalties for use of any controlled substance to aid in sexual assault. LSD: The effects of LSD are unpredictable. They depend on the amount taken; the user’s personality, mood, and expectations; and the surroundings in which the drug is used. Usually, the user feels the first effects of the drug 30 to 90 minutes after taking it. The physical effects include dilated pupils, higher body temperature, increased heart rate and blood pressure, sweating, loss of appetite, sleeplessness, dry mouth, and tremors. LSD is not considered an addictive drug since it does not produce compulsive drug-seeking behavior as do cocaine, amphetamine, heroin, alcohol, and nicotine. However, like many of the addictive drugs, LSD produces tolerance, so some users who take the drug repeatedly must take progressively higher doses to achieve the state of intoxication they had previously achieved. This is an extremely dangerous practice, given the unpredictability of the drug. The National Institute on Drug Abuse (NIDA) is funding studies that focus on the neurochemical and behavioral properties of LSD. This research will provide a greater understanding of the effects of the drug. Drug or Alcohol Counseling, Treatment or Rehabilitation The University provides supportive intervention resources related to drug and alcohol use and abuse for students and staff. The University disseminates informational materials, education programs and referrals regarding the use of alcohol and/or a controlled substance. The University provides services related to drug and alcohol use and abuse for its staff, faculty and students. University employee services are coordinated through the Cigna Employee Assistance Program. Clinton, Iowa Ground Campus students are afforded access to mental health and rehabilitation services through the WellConnect Student Assistance Program. These services include telephonic assessment and brief counseling and resource support, face to face counseling services, and access to a comprehensive self-service student health and wellbeing online portal, CU THRIVE. 15 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a All University staff and faculty may utilize the Ashford University HELP Resource to identify support resources and appropriate response to escalated psycho-social issues, including drug and alcohol abuse. When individual students experience escalated circumstances and intervention is appropriate, support services are provided by the Student Advocates through the Ashford University HELPline. Utilizing a case management approach, Student Advocates provide short-term support and resource identification to include both local and national resources. In this way, Student Advocates address the impact of substance abuse and action plan with students in order to coordinate support and recovery efforts. The Emergency Assistance page of the Ashford University website includes contact information on national counseling, treatment, and rehabilitation programs for drug and alcohol resources for students, prospective students and the community to access in a confidential manner. The information available on the Emergency Assistance page of the Ashford University website includes the following national toll-free telephone numbers are provided to assist any member of the University who may require assistance in dealing with a drug or alcohol problem: American Council on Alcoholism (800) 527-5344: Addresses alcoholism as a treatable disease through public education, information, intervention, and referral. Al-Anon (888) 425-2666: Helps families and friends of alcoholics recover from the effects of living with the problem drinking of a relative or friend. The National Institute on Drug Abuse Hotline (877)-643-2644: Provides information, support, treatment options, and referrals to local rehab centers for any drug or alcohol problem. Hotlines/Help Lines: 24 Hour National Alcohol & Substance Abuse Information Center (800) 784-6776 Alcoholics Anonymous/Narcotics Anonymous 250 20th Avenue North, Clinton, IA 52732 Website: www.aaquadcities.com (563) 242-8136 Bridgeview Community Mental Health Center 638 South Bluff, 2nd Floor Bluff Bldg., Clinton, IA 52732 Website: www.bridgeviewcmhc.com (563) 243-5633 Center for Alcohol and Drug Services 4869 Forest Grove Road, Bettendorf, IA 52722 Website: http://www.cads-ia.com (563) 332-8974 Center for Alcohol and Drug Services - Intake Outpatient Administration 16 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a 1523 South Fairmount Street, Davenport, IA 52808 Website: http://www.cads-ia.com (563) 322-2667 Center for Alcohol and Drug Services - Country Oaks 12160 Utah Avenue, Davenport, IA 52804 Website: http://www.cads-ia.com (563) 326-1150 Family Resources Inc., Wittenmyer Youth Center/ Leslie East Review Committee Membership 2800 Eastern Avenue, Davenport, IA 52803 Website: http://www.famres.org (563) 326-6431 Genesis Multiple Addictions Recovery Center (MARC) West Central Park at Marquette, Davenport, IA 52804 Website: http://www.genesishealth.com (563) 421-1000 New Life Outpatient Center Inc. Paul Revere Square Suite 2000 North 2322 East Kimberly Road, Davenport, IA 52807 Website: http://www.newlifeopc.com (563) 355-0055 Enforcement The University seeks to uphold University drug and alcohol-related policies and laws, and will impose disciplinary sanctions against those students and/or employees who violate said policies and laws consistent with local, State or Federal law. Enforcement of the University’s Drug and Alcohol polices is facilitated by Campus Security, the Dean of Student Affairs (Campus students)/Director of Student Development & Engagement (Online students) and Employee Relations. As part of the disciplinary process, the University may also request that the student or employee complete a rehabilitation program. Students Sanctions for students included: warnings, reflective essays, fines, module-based developmental instruction, written assignments, conduct probation, and dismissal. The University maintains a progressive sanctioning protocol. It demonstrates a commitment to ensuring evenly imposed sanctioning processes through the use of the Community Standards Sanctioning Chart in all 17 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a sanctioning processes. Employees Sanctions for employees included: Coaching, Mandatory EAP Referral, and Termination. Employees may self-refer or have a Human Resource’s referral to the Employee Assistance Program for assistance in dealing with the use of alcohol or a controlled substance. The Employee Relations group, including the Vice President of Human Resources, manages staff corrective action. It is the University’s intent to provide a drug-free, healthful, safe, and secure academic environment. This information is very important and we encourage you to read it carefully. The information presented herein is available at www.ashford.edu/DFSCA. You may also request a paper copy of this Report by responding to studentaffairs@ashford.edu and a copy will be mailed to you. 18 Ashford University Drug Free Schools and Communities Act Program Report December 2014 CR 0121651a