Student Rights and Responsibilities

Introduction to Student Rights and Responsibilities

This section provides important information on policies and procedures relating to student rights and responsibilities. Students also should read and be aware of the information throughout this publication concerning these and other issues, including The Labor Program, The Academic Program, Academic Performance Standards, Student Conduct Regulations, Community Judicial Code, and so on.

No Contact Orders

College administrators are authorized to issue a No Contact Order (NCO) prohibiting contact between students when there is a reasonable concern that physical or psychological harm may result from such contact.

The college will consider all facts and circumstances relevant to whether a NCO should be issued on but not limited to the following factors:

• When there are allegations, threats, or evidence of physical violence by one student against another;
• When there are allegations, threats, or evidence of emotional abuse or harassment by one student against another;
• Where there is substantial risk of emotional harm from continued contact between students;
• When continued contact between students may have an impact on campus disciplinary proceedings;
• When requested or agreed to in good faith by both students involved; and
• When there are allegations of serious college policy violations.

All NCOs shall provide that neither student may have direct or indirect contact with the other.  “Contact” includes, but is not limited to, in person contact, telephone calls, email, texts, and other forms of electronic communication, social media media-based messages or postings, and third part communications, including through proxies.

Violations of the No Contact Orders are subject to discipline under the Student Code or provisions of the Sexual Misconduct and Harassment Policy.

NCOs may include additional protective measures or other conditions specific to safety, well-being, or other needs of either or both students subject to the NCO, when deemed necessary by the college.  Any additional terms shall be included in the NCO.  Additional protective measures or other terms need not be reciprocal. They may include but are not limited to the following:

• Restricting a student from being in close proximity to the other student;
• Restricting a student’s access to certain campus locations, including the other student’s residence hall;
• Restricting the times a student may be present in on campus dining facilities;
• Requiring that the students not be enrolled in the same academic course(s); and
• Restricting a student from working certain times for the Labor Program;
• Requiring that the students not participate in the same co-curricular or extra-curricular activities.

NCOs may be issued by the following administrators:

• For matters pertaining to the Code of Student Conduct:  Associate Vice President for Student Life, and the Associate Dean of Student Life or their designee;
• For matters pertaining to Sexual Misconduct and Harassment Policy:  the Title IX Officer, or their designee;
• For emergency situations involving personal safety:  the Director of Public Safety may issue temporary NCOs, which shall be confirmed, modified, or rescinded by the  Associate Vice President for Student Life, Associate Dean of Student Life, or Title IX Officer once all the relevant information is reviewed.

Administrators who issue a NCO will notify each other of their action. The college will review all NCOs annually. Each NCO will remain in effect until the graduation or withdrawal of at least one of the parties, unless the NCO expressly provides otherwise or is modified or rescinded by the college.

Students who withdraw or suspended should assume the NCO stays in effect on the Berea College campus. Withdrawn students should notify Public Safety when they plan to be on campus. A student seeking modification or rescission of an NCO shall so request the administrator who issued the NCO.  The issuing administrator shall consult with both parties before determining whether or not to modify or rescind the NCO.

Academic Honesty / Dishonesty*

Students are expected to be scrupulous in their observance of high standards of honesty in regard to tests, assignments, term papers, and all other procedures relating to class work. Academic dishonesty as used here includes, but is not limited to, plagiarism, cheating on examinations, theft of examinations or other materials from an instructor’s files or office or from a room in which these are being copied, copying of an instructor’s test material without the permission of the instructor, theft of computer files from another person, or attributing to one’s self the work of others, with or without the others’ permission. Falsification of an academic record with intent to improve one’s academic standing also shall be construed to be academic dishonesty.

The staff of Hutchins Library has prepared an informative online summary of plagiarism, which is the act of presenting someone else’s work as one’s own. 

When Academic Dishonesty is suspected, the following process is followed:

1. In the event a student is suspected of being guilty of academic dishonesty, the faculty member in whose course the offense allegedly occurred is responsible for pursuing the matter, making an initial determination, and deciding upon an appropriate course-related sanction up to and including failure of the course. When an instructor is convinced that academic dishonesty has occurred, the instructor will counsel with the student involved in an effort to determine an appropriate course of action. The minimal action is to reject the work in question. The instructor then must report the finding in writing to the Provost, appending any documentary evidence of the dishonesty, and furnish the student with a copy of the written report. The Provost then will record the report in a confidential file.**  If multiple charges in the student’s confidential file are observed, the Provost will report this student to the Student Admissions and Academic Standing (SAAS) Committee for adjudication and possible further sanctions, including suspension. While deliberating to determine appropriate consequences, the SAAS Committee may ask for information from the student’s previous disciplinary or labor records. The student shall be informed of the names of those consulted by the Committee.
2. An instructor has the option of referring any single case of alleged academic dishonesty to the SAAS Committee for adjudication and/or disciplinary action, even in the absence of multiple charges. Also, in any case involving alleged dishonesty, the student has the right to appeal an action taken by the instructor to that Committee. Upon receipt of the written report, the Provost will inform the student that there is one week in which to initiate an appeal of any part of the instructor’s report. Such appeals are to be sent to the Provost.
3. While functioning as a judicial body to determine guilt or innocence, the SAAS Committee will observe the judicial procedures defined in the Community Judicial Code contained in the Berea College Student Handbook. Cases involving false testimony before the SAAS Committee while that committee is functioning as a judicial body will be heard by the Student Life Council. Students who appear in a hearing before the SAAS Committee shall determine whether student members of the Committee shall participate in the adjudication.

*The principles of this policy and procedure were approved by the College Faculty in 1973.

**The purpose of keeping the confidential file separate from the student’s regular permanent student record is to make it possible for one person, the Provost, to be aware of multiple violations. Besides calling such occurrences to the attention of the SAAS Committee, the Provost will furnish information from the file concerning the violations of a particular student upon request by the Campus Conduct Hearing Board, the Student Life Council, the individuals reviewing applications for readmissions, or the Labor Program Council. The purpose of furnishing such information to these bodies is to assist them in their effort to obtain perspective on the student as a whole while deliberating to determine appropriate consequences in a particular case. Except as noted above, no group or other individual will have access to the file.

Appeals

Students have the right to appeal any charges. See specific appeals processes described throughout this publication for charges to a student account, financial aid eligibility, labor and academic suspension, Convocation regulations, grades, and judicial code. In general, appeals concerning academic matters should be directed to the Office of Academic Affairs; appeals for parking fines/citations should be directed to the Parking Citation Appeals Committee (through the Department of Public Safety); all other appeals are directed to the Vice President for Student Life. (Also see Complaints from Students and the index or search feature for this publication for more information on specific appeal processes.)

Appointment Regulations

In order that the Academic Program, the Labor Program, the Student Life Program, and the general business of the College can be efficiently and effectively accomplished, it is important that all students meet their various appointments promptly. Failure in these obligations will result in penalties as stated in the specific notices. Students often are summoned to the various administrative offices by a written request. A student who continually fails to heed such notices will be subject to administrative withdrawal from the College. (See Communication Responsibilities on Campus and Withdrawals from the College.)

Attendance Policy for Students

Class attendance policies and labor assignment schedules are established by individual faculty members and labor supervisors. Responsibility for meeting attendance requirements rests with the student. Any failure to meet scheduled class sessions, labor schedules, or other appointments must be cleared with the faculty member and/or labor supervisor.

In addition to notifying supervisors and instructors, any time students will be off campus more than two consecutive weekdays (except during official school breaks)—out of the residence hall and/or the classroom—they must inform the Campus Life Department at campuslife@berea.edu of their plans, in advance, giving the date of return. Off-campus students who will not be attending classes or labor assignment for more than two consecutive weekdays also must inform the Campus Life Department at campuslife@berea.edu. Legitimate reasons do arise for absence from classes and labor. When such situations do occur, the student is responsible for:

• Notifying the faculty member or labor supervisor in advance except in cases of emergency. Emergency situations should be reported to the Campus Life Department at campuslife@berea.edu as soon as possible. With the student's permission, instructors and supervisors can be notified of the emergency.
• Arranging in advance to cover course or labor assignments where necessary and possible.
• Arranging to make up lost time or assignments.
• Providing supporting information regarding the absence when requested or otherwise indicated.

No College office or service can excuse students for absence from classes or labor assignments, which can be excused only by a faculty member or labor supervisor. However, supporting information related to an absence may be obtained from various offices and services to be used in consideration of a request for excused absences. The following situations are examples of supporting information that may be provided by offices and services in regard to absences:

Personal Emergencies

Personal emergencies, including death of a family member, requiring absences should be reported to the Campus Life Department at campuslife@berea.edu, and, if requested by the student, notice will be provided to appropriate faculty members and labor supervisors indicating the existence of an emergency situation or other personal circumstances.

Medical Problems

Medical problems resulting in absences may or may not involve the attention of the Student Health Services (White House Clinics). Upon the request of a faculty member or labor supervisor, and with the student’s written permission, the Student Health Services (White House Clinics) will review the medical situation and provide a statement of medical opinion on the need for or advisability of absence from classes and/or labor.

Military Service

Approval for absence from classes and labor must be made in advance, when possible, if a student is called to active military duty or to Reserve or National Guard duty or training. The student must receive approval for the absences from each of the student’s instructors and labor supervisor and notify the Campus Life Department at campuslife@berea.edu and the Office of Student Success & Transition in advance and preferable before the beginning of the term in which the absences are expected. The student must submit copies of military orders to the Campus Life Department at campuslife@berea.edu as soon as practicable. Absences for military service do not automatically provide an excused absence. Individual faculty members and labor supervisors establish class attendance policies and labor assignment schedules and the approval of absences rests solely with them. If absences cannot be accommodated, the student can request a Leave of Absence for that term.

Faculty members report excessive absences to the Early Intervention Program in the Office of Student Success & Transition, which will perform an attendance check with the student’s other instructors to determine if the problem is widespread. A student demonstrating attendance problems in two or more courses may be called in for counseling and academic assistance. The student’s advisor and the instructor who initiated the attendance check will be notified of any action. (Also see Early Intervention Program and Satisfactory Academic Progress.)

Computer and Network Policy

Introduction

Berea College is dedicated to a mission of learning, labor and service. In support of this mission, the College provides access to information resources, including computer equipment, computer networks and telecommunications to its students, faculty and staff (collectively, the “College Community”).

The Berea College Computer and Network Policy (the “Policy”) contains the College’s policy and guidelines governing use of its Information Technology Resources by all members of the College Community. “Information Technology Resources” means, without limitation, all computers, printers, scanners, networks, internet portals, telecommunications equipment and lines, together with all other hardware and software owned or utilized by the College. Information Technology Resources also includes any privately owned hardware or software which is connected to any of the College’s computers, hardware, networks or telecommunications equipment. The College expects each member of the College Community to use these resources responsibly, ethically, and in compliance with this Policy, state and federal laws, and all contractual obligations of the College and third parties with respect to any component of the College’s Information Technology Resources.

The use of Berea College’s Information Technology Resources is a privilege. If a member of the College Community fails to comply with this Policy, relevant laws, or contractual obligations, that member’s privilege to access and to use the College’s Information Technology Resources may be revoked.

By adopting this Policy, Berea College recognizes that all members of the College Community are bound not only by the Policy but also by state and federal laws including those relating to electronic media, copyrights, privacy and security. Other College policies that relate to this Policy include the Berea College Student Handbook, the Berea College Faculty Manual, and the Berea College Employee Handbook. Each member of the College Community is expected to be familiar with the relevant policies. All questions of interpretation of this Policy should be addressed to the Chief Information Officer.

Objectives

This policy is intended to:

• Maximize the effectiveness and efficiency of the College’s Information Technology Resources for all members of the College Community.
• Promote an equitable sharing of resources among all authorized users.
• Protect each individual’s privacy and freedom of expression.

At the same time, the College wishes to:

• Encourage exploration and learning.
• Help people learn how to become more self-sufficient in using computers and computer networks.
• Provide information technology resources to support the educational, labor and service missions of the College.

General Use

A. Any member of the College Community with a valid Berea College I.D. Card (a “User”) may use any of the computers in the student public access areas, except when these areas have been reserved. Users may also apply for and receive a network mail account. Temporary access to Information Technology Resources may also be extended on a limited basis to campus visitors. The College reserves the right, in its sole and absolute discretion, to refuse access to its Information Technology Resources to any person who is not a member of the College Community.

B. All Users are responsible for helping to maintain a sound computing environment. Acts which serve to degrade Information Technology Resources, whether deliberate or otherwise, are prohibited. Berea College has the right to monitor, limit, or restrict specific technologies that disrupt or degrade Information Technology Resources. 

C. Information Technology Resources are made available primarily for academic and administrative activities. Unauthorized use of Information Technology Resources for commercial purposes is prohibited. 

D. Administrative or academic use of Information Technology Resources takes precedence over non-academic use. 

E. Individuals should report any reasonable suspicion of computer security problems to the IS&S Service Center or the Director of Network Services. 

F. Software applications licensed by Berea College may not be copied except according to the applicable license agreement. Illegal copying of licensed software is prohibited. 

G. The following statement was adopted by the Faculty on May 14, 1992, and forms an integral part of this Policy: 

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form and terms of publication and distribution. 

Because information stored on electronic media is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in electronic environments, such as computer, VCR, etc. As members of the academic community, we value the free exchange of ideas. However, just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, personal files, applications, databases, and codes. Violations will be handled in the same manner as all other acts of dishonesty. (Adapted from a statement developed by EDUCOM, an organization of over 2000 colleges and universities.) 

H. Current state and federal laws regarding obscenity and pornography, libel and slander, and misuse of the mails for threats and anonymous letters apply to electronic mail, Internet and bulletin boards. Users are expected to use common courtesy, avoiding vulgarity, obscenity and profanity.

I. The general codes of conduct for students and employees apply to all users of Information Technology Resources. 

J. Berea College reserves the right to terminate, limit or restrict any individual user’s access. 

K. The President, Provost, Dean of Faculty, or a Vice President of the College may, without notice, terminate, limit or restrict user access for good cause. The Chief Information Officer may authorize immediate removal of any data, file or system resource that may undermine the College’s Information Technology Resources.

Electronic Communications

A. When creating electronic messages, users should be conscious that electronic information is easily duplicated and may be shared widely.

B. Using electronic communication for any form of harassment is prohibited.

C. Initiating or continuing electronic chain letters is prohibited. A chain letter is “a letter instructing the recipient to send out multiple copies so that its circulation increases in a geometrical progression as long as the instructions are followed.” (American Heritage Dictionary, 1995).

D. Spamming is prohibited. Spamming is defined as the act or acts of flooding mailboxes, bulletin boards and multiple mail lists with unsolicited messages.

E. The purpose of local bulletin boards is to share campus-wide information. Outdated messages not removed by the posting User will be removed by the administrator.

F. There is one official Berea College web site http://www.berea.edu/ containing information about Berea College with links to departments’ and organizations’ resources. Allocations of space for Internet resources (web sites, FTP servers, etc.) may be obtained by application to the Chief Information Officer.

G. Technical resources placed on or connected to the College’s Information Technology Resources are subject to all other College policies, standards and procedures. Copyrighted materials may not be displayed on the network or Internet resources without written permission from the copyright holders.

Freedom of Expression and Misconduct

Freedom of Expression and an open environment in which to pursue scholarly inquiry and share information are encouraged, supported and protected at Berea College. Censorship is not compatible with the goals of the College. While the College rejects censorship, behavior that constitutes misconduct as defined in this policy will not be protected. It must be remembered that “misconduct” within the framework of the College’s Information Technology Resources may also constitute a violation of general college regulations and of state or federal law.

User Privacy

Unauthorized users are obviously not entitled to privacy within the framework of the College’s Information Technology Resources, but even among authorized users, any violation of this Computer and Network Policy may also suspend the right of privacy. In such instances, an Officer of the College or the Chief Information Officer may, without notice, authorize Information Systems and Services personnel to access or disable such User accounts or files. Users should also be aware that User accounts, files and information may be disclosed upon subpoena or order of a court of competent jurisdiction.

However, all authorized users (members of the College Community and others) are entitled to privacy in all their authorized use of the College’s Information Technology Resources. Each User identity, log-in name, account name, or any other User ID and associated password belongs to an individual, office or department. No one should use a User identity, log-in name, any user ID, or account name and password without explicit permission from the owner thereof. No one should use aliases, nicknames, pointers, or other electronic means to attempt to impersonate, redirect or confuse those who use the network. No one should use aliases, nicknames, pointers, or other electronic means to capture information intended for others without the explicit permission of the intended recipient. In order to protect privacy, each authorized user should accept responsibility for the appropriate use and dissemination of user identity, log-in name, user ID, and account name and password.

Information Systems and Services personnel have access to files belonging to Users, but this access may be used only when it is essential for the maintenance of a system or the network itself.

*As adopted by the College and General Faculties, April 26, 2001

Revised December 3, 2004 to reflect changes to Information Systems and Services job titles and department structure. As revised by the Administrative Committee, June 15, 2011.

Revised July 1, 2019 to reflect Provost and Dean of Faculty title changes.

Banning Persons from College Property Policy

Berea College reserves the right to ban person(s) from the College campus or other College property when the presence or actions of such person(s): (i) constitutes a violation of federal, state or local laws or ordinances, (ii) poses a threat to the safety or security of the Berea College community or property; or (iii) interferes with the teaching, work or learning of the College’s faculty, staff or students. Such decisions are made by the appropriate Officer of the College in consultation with the Director of Public Safety.

Effective Date: May 31, 2011

Approved by: Administrative Committee

Building Access Policy

Public Safety should be notified immediately at ext. 3333 if you become aware of any threat to persons or property. Crime prevention in college buildings and grounds is a shared community responsibility, and all efforts in this regard are coordinated and facilitated through Public Safety.

Non-residential buildings are cleared and locked at regularly scheduled times by Public Safety based on the use of the building. Supervised access to buildings after-hours will be provided by the Public Safety office pending receipt of proper identification and authorization. Woods-Penniman remains open 24 hours a day.

Public Safety is the point-of-contact for all campus key access. Requests for keys may be made to Public Safety at keyrequests@berea.edu.

Campus Safety and Security

Berea College Public Safety (859-985-3333 or ext. 3333) is the central point of contact for all matters related to the safety of the College community and all issues related to personal security and protection of property.

Berea College has developed policies and procedures, offers educational programs, cooperates with local law enforcement agencies, and supports a Department of Public Safety to enhance the safety and security of its students, employees, and guests. The College recognizes shared responsibility for the welfare of the community and reminds students and employees of their personal responsibility to take prudent precautions and to inform others, especially Public Safety, about known safety hazards or security concerns.

Criminal, threatening, or suspicious activity, as well as injury or serious illness, should be reported promptly by calling Public Safety (ext. 3333).

Public Safety is committed to responding to all emergency and non-emergency concerns before obtaining the assistance from local agencies.

Officers have direct 24-hour radio contact with Berea and Madison County emergency response personnel and can contact other agencies for assistance when conditions necessitate. Telephone ext. 911 is used only for confirmed emergency situations that require the immediate assistance of Berea City Police, Berea Fire Department, and Madison County Ambulance Service. Please use discretion and call only in cases of an emergency. If 911 is dialed in error, please stay on the line and let the operator know that it is not an emergency.

The persons recognized by the institution as Campus Security Authorities (listed below) have a responsibility to report to Public Safety any known reportable crime within 24 hours of becoming aware of the situation. In addition to the Public Safety Director and all professional security staff members, the following are recognized Campus Security Authorities:

• Vice President for Student Life
• Associate Vice President for Student Life
• Associate Dean of Student Life and Campus Life Department Staff
• Residence Hall Student Staff
• Labor Supervisors
• Faculty and staff advisors to clubs and organizations
• Center Directors
• Athletics Director, Coaches, and Athletic Trainers
• CELTS staff and students
• College Deans
• Members of the Administrative Committee
• Director, Student Success & Transition

The Public Safety Director is the person responsible for the proper notification to State Fire Marshall’s Office for all fires and threats of fire.

Public Safety Escorts

Escorts to and from on-campus locations will be given to students, faculty, staff, and visitors for safety concerns, after dark, and for medical reasons. The intent of this service is to provide members of the College community with safe transportation who are either physically unable to traverse the campus or are concerned for their safety.  These escorts are only provided to and from locations on Berea College’s Campus and Public Safety Officers do not give escorts to or from off-campus locations.

Safety Escorts

Public Safety will provide escorts for up to two people for safety concerns.  These escorts may be provided using carts or patrol vehicles, or a Public Safety Officer may provide a walking escort.   

Medical Escorts

Public Safety provides escorts as a service to the community and aids those with physical ailments in traversing the campus, when possible.  Public Safety will provide escorts for those with short term injuries for a limited time.  Individuals with long-term needs (e.g. physical disabilities, broken ankles, torn ACL, etc.) will need to make arrangements for transportation or parking privileges through Disability Services or Student Life.  Specific needs for transportation (inability to get into patrol vehicles or tall carts) should be communicated with Public Safety Dispatch at the time of escort request.  Requests for transportation should be made at the time the transportation is needed, and cannot be scheduled ahead of time. 

General Information

Public Safety staff responds to all calls for escorts as quickly as possible.  It is the responsibility of the caller to be present when the Public Safety Officer arrives.  Public Safety reserves the right to deny escorts at their discretion due to callers not being present at officer arrival, disruptive behavior, or abuse of the service.    

Safety alerts to campus of potentially threatening situations

When an incident occurs that may have a bearing on the present safety of the campus community, the College, within 24 hours of the first report of the incident, notifies members of the campus community. Information on the type of incident and threat is given, along with recommended prudent safety practices and procedures related to the incident. Information is sent directly to students, faculty, and staff members by the E2 Notification System (text via cell phone), and use of the College e-mail system. Depending on the perceived needs at the time, the school may additionally choose to post written notices in residence halls, distribute information through the College Web site, post information in the Berea College Post Office or notify through the E2 Notification Systems or other appropriate media. The community is urged to heed any advisories issued by the institution and work together in the joint effort of making the campus a safe place to live, work, and learn.

While students are members in the general society and academic community, they are expected to abide by each communities' standards. Berea College makes no attempt to shield its students from consequences of their actions, thus, status as a Berea student does not exempt anyone from local, state, or federal laws. In fact, being a member of an educational institution imposes an additional obligation to abide by all the rules of the institution, as well. Laws and the College’s conduct rules operate independently, though Public Safety and law enforcement agencies work cooperatively. When a crime has been committed, the College is obligated to notify the proper authorities so they may discharge their duty under the law. In such a case, the law does not substitute for Berea College’s rules and the College may pursue its own procedures for adjudicating alleged violations of the College’s conduct rules independent of any legal proceedings. Public Safety reports to the appropriate department on violations of College policies and regulations.

The College produces an annual report of campus crime statistics and security policies and procedures, available at their office on the first floor of Woods-Penniman Hall, or online at http://www.berea.edu/public-safety/campus-information/campuscrimestatistics/. (Also see Residence Hall Living Guide, and the Department of Public Safety).

 

Related Links

• Annual Fire Safety Report
• A Guide for Responding to Hate Crimes / Hate Behaviors / Hate Acts
• Campus Crime Statistics
• Emergency Phones & Call Boxes
• Local Law Enforcement
• Policy on Banning Persons from College Property
• Policy on Demonstrations, Protests, and Rallies
• Residence Hall Security

Consensual Relationship Policy

In their relationships with students, it is expected that faculty and staff members will conduct themselves with the highest level of professionalism. An open, fair, and effective educational environment depends on the respect of all members of the community for the appropriate roles of those who work and learn together. Accordingly, faculty and staff members are prohibited from engaging in a consensual relationship (romantic or sexual) with a Berea College student. Alleged violations of this policy will be addressed in accordance with the Procedures for Reporting, Investigating, and Hearing Alleged Violations of Certain College Policies and may constitute grounds for disciplinary action up to and including dismissal. If it is determined that a violation of this policy has occurred, the employee, by virtue of their professional responsibility, will be held accountable for their behavior.

In extraordinary situations, exceptions to this policy may be granted (ex. A recent graduate is hired as an employee of the College while already engaged in a relationship with a current student.) Exceptions will be considered and determined by the Dean of Faculty (for member of the faculty) or by the Associate Vice President for Human Resources (for staff).

Approved by the General Faculty Assembly in April 2018, and the Board of Trustees, July 2018.

 

Communication Responsibilities on Campus

It is the responsibility of all students to check their campus e-mail accounts and CPO mailboxes regularly for important communications and/or deadlines. Electronic and CPO mailboxes must be maintained so that neither mailbox becomes too full to receive mail. Valuable academic information also is available at the MyBerea Web portal.

Complaints from Students

Student Complaint Policy

Please note that complaints that are specific to acts of discrimination and/or harassment, grade appeals, or parking citations are addressed elsewhere in the Student Handbook and/or College Catalog and are not covered under this general policy. Instead, please refer to the Title VII/IX Sexual Harassment Policy, Grade Appeals Policy, or the Motor Vehicle Policy for Students.  In addition, questions about the Community Judicial Code,  judicial process and associated appeals are addressed within that section of the Student Handbook.

Berea College strives to create a supportive, engaging, and responsive educational community that provides all students with a positive learning experience. It is the responsibility of all College employees and students to help ensure that Berea College achieves this goal. Whenever someone feels that the College has fallen short of this goal, the College takes seriously its obligation to investigate the substance of each complaint in a timely manner and make reasonable attempts to find a satisfactory resolution. When a student has a complaint, they are encouraged to first attempt to resolve the issue directly with the other person(s) or area involved. If a satisfactory resolution is not possible at this level, the complainant is encouraged to approach the immediate supervisor, department chairperson, or area supervisor to see whether a resolution can be found without the need of a formal complaint.

When a satisfactory resolution is not possible through these informal channels, the complainant should submit their complaint in writing using the College’s complaint portal found on the “My Berea” homepage. Once submitted, the complainant should receive within 24 to 48 hours a confirmation email that the complaint was received and the name of the College administrator who will be investigating the complaint. A complaint should include specific details of the complaint, as well as the preferred contact information of the complainant (e.g., Berea College email and campus post office box). Although the complexity and individual circumstances of each complaint will vary, it is the College’s goal to resolve all complaints in as timely a manner as possible, ideally within three to four weeks of the complaint being submitted.

The College administrator responsible for investigating each complaint will conduct a thorough inquiry. Upon concluding the investigation, the administrator will provide the complainant with a written response as to the resolution. In most cases, this written response will be provided within three to four weeks of the original date the complaint was submitted. In cases where additional time may be needed to complete an investigation, the complainant will be notified in writing of the delay.

If a complainant is not satisfied with the outcome of an investigation, they may appeal the conclusion and or proposed resolution. Appeals must be in writing and must be submitted within two weeks of receiving the written response from the administrator to whom the complaint was directed. All appeals are to be submitted via the same complaints portal on the “My Berea” homepage (choosing the “appeal” option) and will be reviewed by the President of the College. Once the appeal has been reviewed, the President will render a decision, in writing, within three to four weeks of receipt of that appeal. All decisions and resulting resolutions at this level will be final.

Southern Association of Colleges and Schools Commission on Colleges (SACSCOC)

Complaints regarding noncompliance with accreditation standards, policies, and procedures may be made by contacting the Southern Association of Colleges and Schools Commission on Colleges, 1866 Southern Lane, Decatur, GA 30033-4097, telephone: 404-679-4500.

Harassment/Sexual Misconduct Complaints

Reports of harassment/sexual harassment should be directed by email to TitleIX@Berea.edu or by phone to 859-228-2323.

Also see Harassment and Sexual Misconduct.

Discrimination Complaints

Questions or complaints regarding discrimination (see “Nondiscrimination Policy” in this section) should be referred to the office or committee responsible for the activity concerned, e.g. athletics, student labor, academic courses, and Student Life. In addition, the College has appointed the following Compliance Officers under these provisions of law:

Disabilities Discrimination

The Vice President for Operations and Sustainability serves as Section 504 Compliance Coordinator. Questions or complaints in the area of disabilities discrimination should be referred to that office in Lincoln Hall 230.  Or call 859-985-3130 (See appeal-process information in Disabilities Services.)

Sex Discrimination

Sex discrimination questions or complaints may be directed to the Title VII/Title IX Coordinator via email at TitleIX@berea.edu or by phone at 859-228-2323.

General Complaints to Ombudsman Person

When a complaint does not fit one of the published processes for adjudication, the student should contact the Ombudsman for Students, Rachel Burnside, for guidance. (Their office is located in Danforth Hall or email burnsider@berea.edu). Acting in the Ombudsman capacity, they inform relevant parties to such complaints and refers for action, mediates, or otherwise investigates the complaint, providing appropriate documentation of the complaint and action taken.

Disability Services

The Director of Disability and Accessibility Services (DAS) is available to assist students with disabilities in navigating barriers they are facing or anticipating that are impeding their full participation in the academic, labor, and social programs of Berea College. The Director acts as a liaison with other College departments and offices in arranging responses appropriate to the student’s particular situation. Some of the services available to qualifying students with disabilities include: communication with faculty, advisor, or labor supervisor regarding student needs; accessible classroom and housing; determination of appropriate accommodations; academic accommodations or auxiliary aids; extended testing time; assistance with obtaining textbooks in alternate format; and information and referral for additional services. A student must contact the DAS Director and provide appropriate documentation in order to receive services. For an appointment call ext. 3237.

The DAS Director works closely with the Section 504/ADA Coordinator to assure compliance with the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1992. Also, the Section 504/ADA Coordinator receives complaints related to possible discrimination based on physical access needs. The Title IX Officer serves as the Section 504/ADA Coordinator.

Disability and Accessibility Services (DAS) Grievance Policy and Procedures

Disability & Accessibility Services (DAS) is committed to promoting equal access to all programs, services, and activities at Berea College. Students who are concerned that they have been denied equal access as described in Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990 (ADA) are encouraged to follow the procedures outlined below. Please see the U.S. Department of Education website for more information about Auxiliary Aids and Services for Postsecondary Students with Disabilities.

Students have two ways to express their concerns: an informal resolution procedure available through the DAS Director and a more formal grievance procedure through the ADA Compliance Officer. Although students are encouraged to solve disputes at the lowest possible level and to use internal procedures to the fullest extent, a student may choose to initiate a formal grievance at any time.

The U.S. Department of Education, Office of Civil Rights (OCR), encourages individuals first to use internal grievance procedures, and when such procedures meet OCR's investigative standards, OCR will generally defer to the results reached if the process provided for fair consideration of the grievance (http://www2.ed.gov/about/offices/list/ocr/prevention.html).

Informal Resolution Procedure

Clear communication between students, faculty/staff, and DAS is vital to utilizing DAS services effectively. Where possible, students are encouraged to first address concerns and problems with the individuals most directly involved in the situation: the DAS Director regarding eligibility for accommodations and specific accommodations; the individual faculty or staff member in the cases of implementation or lack of approved accommodations.

Students are encouraged to express any concerns with the Senior Specialist, Disability & Accessibility Services, Holly Hatfield (859-985-4739, 111 Lincoln Hall, hatfieldh2@berea.edu). If for a specific reason the grievance cannot be discussed with the Senior Specialist, or if the complaint is about the Senior Specialist, contact DAS supervisor, Dwayne Mack (859-985-3369, 301 Lincoln Hall, mackd@berea.edu).

Students who are experiencing difficulty in receiving authorized accommodations by a faculty or staff member, department, or program should first address their concerns with the faculty or staff member charged with providing the accommodation.

DAS is available to offer assistance by discussing and exploring options with the student and/or faculty or staff member, contacting the concerned party in an effort to clarify issues, facilitating a meeting with the concerned parties, and/or advocating for the student’s right to receive appropriate and effective accommodations to the extent required under either the Rehabilitation Act or the ADA.

The Kentucky Department of Education State ADA Coordinator is available for consultation in regard to any questions or concern a student may have about one’s accommodations (1-877-423-2933 or www.ada.ky.gov).

A student who is not satisfied with the resolution on this level may choose to file a formal complaint.

Formal Grievance procedure

The student may submit a formal written grievance to the Berea College Section 504/ADA Compliance Coordinator, Joslyn Glover (859-985-3606, 006 Lincoln Hall, Joslyn_Glover@berea.edu). When making a formal complaint, a student should include specific information about the concern or problem (describe the issue(s), incident(s) and the action(s) taken; state the name of the individual(s) or office(s) involved; and show documented efforts to resolve the complaint). The Section 504/ADA Coordinator will meet with the student to discuss the complaint and will conduct any necessary investigation.

The Section 504/ADA Coordinator will issue a written decision including findings and remedial actions, if any, to be taken by Berea College and/or the student. This decision shall be issued to the student and any others deemed appropriate within fifteen (15) calendar days of the Section 504/ADA Coordinator’s receipt of the complaint. Files and records on all formal grievances shall be maintained by the Section 504/ADA Coordinator.

Appeal procedure

If a student is not satisfied with the formal grievance procedure, the student may appeal to the President for de novo review of the Section 504/ADA Coordinator’s decision.  The appeal must be made in writing within five (5) calendar days of the decision. The determination of the President on any such appeal is final. 

If the grievance is not resolved internally at the College, the student may choose to file a complaint with the Office of Civil Rights, U.S. Department of Education (100 Penn Square East, Suite 515, Philadelphia, PA 19107; Tel: (215) 656-8541; Fax: (215) 656-8605; OCR.Philadelphia@ed.gov. How to file a complaint of discrimination with OCR.

Approved by the Administrative Committee, February 2015.

Assistance Animals in Student Housing

Assistance Animals are animals that work, assist and/or perform tasks and services for the benefit of a person with a disability or provide emotional support for therapeutic benefit, such as alleviating or mitigating symptoms of a disability. To be afforded protection under United States federal law, a person must meet the federal definition of disability and must have a signed statement from a physician or other qualified medical professional stating that the animal provides a benefit for the individual with the disability. An assistance animal does not need specific training. In the United States, federal protection against housing discrimination is afforded under two federal statutes: Section 504 of the Rehabilitation Act of 1973 and the Federal Fair Housing Amendments Act of 1988.

With the exception of service animals, as defined by the Americans with Disabilities Act of 1990, Berea College requires all Assistance Animals be registered through the Disability & Accessibility Services (DAS) prior to being brought to campus and entering the residence halls. During this registration process, students will need to make an appointment with DAS and provide verification of the disability and an explanation from a qualified individual of the purpose and need of the assistance animal. While not an exhaustive list, examples of "qualified individuals" include treating physicians, psychologists, psychiatrists and licensed counselors. DAS will provide authorization that will indicate your animal has been approved and authorizes you to have your animal on campus and in your residence hall room. Students residing with their Assistance Animals in Student Housing will have to provide a yearly updated vaccination record for the animal to the Student Housing staff.

The College is not responsible to provide care or food for any Assistance Animal including, but not limited to, removing the animal during emergency evacuation for events such as a fire alarm. Emergency personnel will determine whether to remove the animal and may not be held responsible for the care, damage to, or loss of the animal.

While your animal is on campus the student has the following responsibilities:

1. Maintain all required vaccinations for the animal.
2. Maintain control of the animal by leash, harness or tether, or properly contained in an appropriate container any time the animal is outside of the room.
3. Ensure the animal is well cared for at all times.
4. With the exception of service animals, Assistance Animals are allowed in public and common areas of the student’s residence hall. The animal must not interfere with the opportunity of other students sharing the space.
5. Work cooperatively with Student Life Team Members and student staff to resolve issues that might arise due to the presence of the animal, including those involving other residents.
6. Live animals cannot be brought on campus to be fed to Assistance Animals.
7. Properly contain and dispose of all animal waste in appropriate outside trash containers.
8. The student is responsible if the animal attacks or harms another person.

Failure to follow these guidelines may result in the requirement of the removal of the animal from the residence hall and campus. An individual with a disability may be charged for any damage caused by their Assistance Animal beyond reasonable wear and tear to the same extent that other individuals are charged for damages beyond reasonable wear and tear. If either of these events occurs, the person being charged may appeal the decision through the Student Life Office.

For more information about Assistance Animals, including Emotional Support Animals, requirements, and responsibilities, please see Assistance Animal Procedures on the DAS website. For more information about Service Animals, please see Service Animal Procedures on the DAS website.

 

Service Animals

Berea College is committed to assuring equal access to all persons, as required by law. It is the College’s policy to permit service animals on campus in all areas where persons are normally allowed to go with some exceptions. Service animals are, as defined by the Americans with Disabilities Act (ADA), as dogs that are individually trained to do work or perform tasks for people with disabilities. Under Kentucky State Law, service animals include service dogs in training.

Berea College reserves the right to restrict service animals in certain locations due to health, environmental, or safety hazards. Access to restricted areas may be considered on a case-by-case basis by contacting Disabilities & Accessibility Services (DAS).

Service animals shall be appropriately attended, restrained, and controlled by the handler. Under certain circumstances, a service animal may be excluded. Please see Service Animals Procedures for more information.

A College employee may ask two questions to determine whether an animal qualifies as a service animal, if it is not obvious what service the animal provides: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the handler’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.  Service animals shall, however, be acclimatized and properly oriented to the campus environment to avoid health or safety issues. When staying in Student Housing, the handler must submit verification of the animal’s health and vaccination to appropriate staff in Student Housing. The handler is responsible for any damage the service animal may cause to property or other individuals.

For more information about service animals, please see Service Animals Procedures on the DAS website. This policy is overseen by Disability and Accessibility Services.

Decision-Making and Campus Governance

Students have an important role in institutional decision-making at all levels of the College. The Student Government Association, the Campus Activities Board, the Board of Residents, and House Councils provide opportunity for a large number of students to guide policy and make decisions relative to campus policies, programs, and procedures. The Student Government Association represents students’ interests to the faculty and administration, and the students who sit on the College’s Executive Committee also are voting members of the General Faculty Assembly. The Campus Activities Board has authority for expenditure of Student Activity fees for educational, social, and recreational programs. House Councils and the Board of Residents assume a primary role in residence hall governance. In addition, by virtue of their offices or through a campus-wide recruitment process conducted by the Student Government Association, students serve as voting members of all faculty councils and committees (except those concerned with employee grievances or matters of employment), are included in a number of ad hoc committees, and attend Board of Trustee meetings.

Demonstrations, Protests, and Rallies Policy

Demonstrations, protests, and rallies must be pre-approved through the Student Life Administrative Office (Woods-Penniman, Room 302) at least three days prior to the event. The following regulations must be followed:

• Requests must specify purpose, location, date, and time. (Note: use of the Triangle requires completion of additional requirements). The Triangle use will be permitted for College and College/community events when approval has been given by the Business Office, when all necessary city permits* have been issued, and when arrangements have been made through the Berea City Police Department for the closing of Main Street during the event, e.g., the community Christmas Parade, the community Spoon Bread Festival, organized Street Dances, the Berea United and Diverse Celebration, etc.
• Organizers and participants must not:
  1. block pedestrian or vehicular traffic;
  2. directly confront passersby;
  3. block building entrances or exits;
  4. locate themselves on city streets or sidewalks without a city permit*;
  5. interfere with other College-sanctioned activities, e.g. class meetings or residence hall students’ studying or sleeping.
• Organizers must:
  1. abide by the pre-approved beginning and ending times;
  2. confine the event to the pre-approved location;
  3. notify Public Safety of the event (prior to Student Life approval) and arrange for Public Safety presence if needed;
  4. clean up the area before departing.

City Permit Process *

A formal letter of request including details of the event must be submitted to the Mayor, and the organization must submit an application form. Forms can be picked up at the City Clerk’s office in Berea. The Mayor or a designated City Official must approve this form. The application must be made at least 24 hours in advance, and requires an advance-processing fee of $50 if the Police Department or other City Office presence is needed.

Mayor Bruce Fraley

City of Berea

212 Chestnut Street

Berea, KY 40403

* The City permit covers public areas only and does not apply to use of any private property. The City reserves the right to accept or decline any applications or waive fees.

EDGE Program

EDGE (Empowering a Dynamic Generation through Education) is the name given to Berea College’s program that provides a laptop computer to every student. In addition to laptop computers, the EDGE program provides access to the campus network and the Internet from many locations, including classrooms and residence hall rooms, as well as access to software, classroom multimedia technology, technical support, and training. Students who graduate from Berea College receive ownership of their laptop computers upon completion of transfer of ownership documents available at the Information Systems & Services (IS&S) Technology Resource Center (TRC).

Participation in the Berea College EDGE student laptop computer program is required of every Berea College student. Regular full-time students are charged a technology fee of $185 per term ($370 per year) for the program. Part-time students also pay a technology fee as part of their access fee. These fees cover a portion of the cost of the program. Every student must sign an EDGE Student Participation Agreement and Network/ E-mail/Web Account Application form prior to being issued a laptop computer or a permanent network / e-mail / Web account at the college.

Students having difficulty with their EDGE laptops should bring them to the IS&S Technology Resource Center in the Computer Center adjacent to the Hutchins Library to receive assistance. If a laptop requires repair, a temporary replacement computer can be checked out. Students are responsible for their EDGE laptop computers and will be charged for the value of the computer if it is lost, stolen, or destroyed. Students are encouraged to purchase homeowners or rental insurance to cover the risk. In the event of damage to the computer or loss of components, students are charged a processing fee per incident plus the cost of repair parts. Equipment failure is covered by manufacturer warranty and such repairs are done at no cost to the student.

In their use of Berea College computing resources, students are expected to comply with the Berea College Computer and Network Policy, the Berea College IS&S Network Usage Guidelines and the Berea College Social Media Policy as well as other applicable College policies and federal, state, and local laws. Those policies cover security, privacy, copyright, acceptable use of e-mail, and other topics.

Related Links

• Student Laptop Support
• Information Systems & Services Policies and Guidelines

Emergency Evacuation

Individual Responsibility in Evacuation

A resident or user of any campus building has the responsibility to familiarize one's self with the evacuation procedure posted in each building. Be aware of evacuation routes and of the location of exits, stairwells, phones, and elevators.

Persons with disabilities who may need assistance should inform College personnel, including the Director of Disabilities and Accessibility Services and the Department of Public Safety, of the nature of the disability and the type of assistance that may be needed. Residential students also must inform their Hall Coordinator and Campus Life Area Coordinator of the accommodations needed. Students also should notify labor supervisors and instructors because evacuation may be required from the workplace, classroom, or laboratory.

Evacuation procedures begin with the sound of a building alarm. Immediately move to the nearest stairway and exit the building. Do not use elevators during fire evacuation. If immediate exit is not possible, move a safe distance away from the danger area.

Individuals who must stay in place until emergency personnel arrive should be sure to inform another person of their specific location so they can inform the emergency responders. If you are unable to make telephone contact, call Public Safety at 985-3333 (campus extension 3333) or dial 911 to provide information about their location. They should give their name and location and describe the emergency and any special needs they might have. (Also see Campus Safety and Security and the Department of Public Safety Web site at https://www.berea.edu/life-at-berea/student-life/department-of-public-safety.)

Education Abroad Policies

Policy on Education Abroad Funding

To encourage Berea College students to include international study in their degree program, the College makes available grants and loans to support international travel that earns academic credit. Because funding is limited and the goal is to enable as many students as possible to enrich their education, the number of times a student can receive financial support from the College is restricted. New and transfer students in their first two regular terms of study are ineligible for financial support. Students who are U.S. citizens can apply for funding to participate in an education abroad program (excluding internships, independent studies, or team-initiated studies). International students, already having an intercultural experience through study at Berea, can apply for institutional funding for one faculty-led Berea International Summer Term (BIST) course. International students generally will not receive funding to spend a term outside the United States. However, those majoring in a foreign language may be eligible for a scholarship from the Foreign Languages Program.

Policy on Probation and Education Abroad

Students must be in good standing to participate in approved education abroad opportunities, including, but not limited to, Berea Term Abroad (BTA), Berea International Summer Term (BIST) courses, internships, and independent or team-initiated studies. As such, students on labor, academic, and/or social probation are not permitted to apply for, register for, and/or participate in such opportunities. All students registered for education abroad opportunities will be subject to a mid-term labor performance review, and those found to be significantly deficient in meeting the required labor obligation will not be allowed to go abroad. Any student placed on probation during or at the end of the term preceding international study will not be allowed to participate in an education abroad opportunity, even if the student has been registered.

Exceptions to this policy must be approved by the Education Abroad Advisor and by the appropriate administrator: Academic Affairs for academic probation, the Dean of Labor for labor probation, or the Associate Vice President for Student Life for social probation.

Policy on Continuing Abroad for a Second Term

A student who participates in an approved full term-length education-abroad program may continue abroad for a second term of study and remain registered at Berea College only with the approval of both the academic advisor and the Education Abroad Advisor. This approval will be granted only under the following conditions: a revised curriculum plan is submitted demonstrating that the extension will not increase the total terms in the undergraduate program, the academic advisor endorses the revised curriculum plan, and no additional institutional financial aid is being requested.

Policy on Medical Immunizations for Education Abroad

Students participating in international study/travel opportunities are required to have received all of their childhood vaccinations and be up-to-date on other vaccinations that the US Centers of Disease Control and Prevention (CDC) recommends, such as ones to protect against COVID-19.

Additionally, students are required to receive all immunizations that the CDC requires to travel to a particular country or region; and Berea College's Center for International Education may require immunizations that the CDC merely recommends for that country or region.

For example, students hoping to study in Ghana, are required to:

A. Have all their routine (childhood) vaccinations and boosters.

B. Have their COVID-19 vaccinations and boosters.

C. Get vaccinated against Yellow Fever (something that is recommended by the CDC, yet required by the Center for International Education) prior to traveling to Ghana.

Related Links

• Immunization Policy

Emergency Contact Information

Students are required to keep up-to-date emergency contact information in their official student record. This information can be provided by the students using their MyBerea Web portal, or by visiting the Student Accounts window in Lincoln Hall. A hold will be put on the student’s account until the information is provided.

All residential students will be given the opportunity to designate confidential contact information as part of a housing selection process. Thereafter, the student will be responsible for updating contact information as needed.  

Related Links

• Missing Person Notification Policy for Residential Students

Funding Internships Policy

Internship

Berea College supports experiential education opportunities for students in the form of internships, and defines an internship as a supervised, credit-bearing, career-related learning experience in the workplace that allows students to apply knowledge acquired through their classes and studies to practical situations and problems. Such experiences promote engaged learning by helping students find connections between theory and practice, between learning in the classroom and learning outside the classroom, and between their academic interests and potential career possibilities.

Process and Learning: Learning is optimized when these experiences are intentionally designed to include reflection and assessment. A student participating in an internship will develop an Internship Proposal prior to the experience, meet with faculty sponsors, keep a reflective journal, complete a final paper, be evaluated by the internship site supervisor, give an oral presentation, submit a student evaluation of the experience, and receive a letter grade.

Academic Course Credit: Typically students may earn up to one course credit and meet the Active Learning Experience requirement with a successful internship. However, an internship may not be used to meet the Practical Reasoning (PR/PRQ) or any Perspective Area in the General Education Program. Internships are registered using a department (BIO, ANR, BUS, GST) rubric and are numbered 395 or 495 (495 is typically for capstone experiences). To be considered for course credit, the proposed experience must:

• further the student’s educational goals by enabling exploration of an educational area of interest
• provide the opportunity to gain skills relevant to a possible career choice
• support the student’s academic major/minor
• be approved by the student’s primary and secondary Faculty Sponsors, Department Chair (or the Associate Provost, if a GST internship), Academic Advisor, Study Abroad or International Advisor (if applicable), and the Internship Director

Eligibility/Hours/Timeline: Rising sophomores, juniors and seniors, who are not on probation, are eligible to participate in internships. Internship experiences are typically full-time in the summer and part-time in the fall or spring based on the following parameters:

• Summer: 30-40 hours per week for 8-10 weeks, with a minimum of 240 total work hours
• Fall/Spring: 12 hours per week for 15 weeks, with a minimum of 180 total work hours

Students should begin researching and identifying potential summer internships early, so they will be aware of early employer application deadlines (some are as early as September or October, although most are in January and February). Students should plan to attend resume and interviewing workshops, and consider scheduling appointments for resume assistance and interview coaching during the fall to be prepared to apply for internship positions early in the spring.

Pay/Funding: Internship employers are encouraged to provide some form of compensation to student interns, such as an hourly wage, a stipend, housing, meals, or transportation.  However, if the employer is unable to offer sufficient compensation, the College will help cover related costs for up to two internship experiences, subject to availability of institutional funds and in accordance with policies. Funding is available to students participating in full-time academic internships during the summer. Normally, no funding is available to students from the Office of Internships during fall or spring terms.  In order to obtain funding for an internship from any campus program, the internship must receive the approval of the Office of Internships.

Students who wish to participate in an internship should attend each of the prerequisite workshops, “Finding or Creating Your Ideal Internship” and “How to Receive Credit and Funding for Your Internship.” Visit https://www.beyondberea.org/ or contact the Office of Internships and Career Development at (859) 985-3656 to learn more about connecting with internship sites, policies regarding international internships, and the deadline for submitting internship proposals.

Approved by the Administrative Committee in October, 2017.

 

Hoverboard Policy

Consistent with the College’s Fire Prevention Policy, the use, possession or storage of Hoverboards, self-balancing scooters or similar devices are prohibited on Berea College property due to safety concerns, including but not limited to the risk of explosion, fire and spontaneous combustion. This prohibition applies to all persons and includes all residence halls, student family housing, college rental housing, academic buildings, other campus buildings, the Berea College Square, campus grounds, the College Farms and Forest, sidewalks, and parking lots. All such devices must be immediately removed from College property or turned over to Public Safety for temporary storage in a secure location until removal can be accomplished. This policy is effective immediately.

Hutchins Library Materials Use

The following regulations are designed to ensure equitable and reliable access to library materials. Copies of the full Circulation Policy are available at Hutchins Library and on the library’s Web site at www.berea.edu/hutchinslibrary.

Students use their bar-coded Student Identification card in order to check out or renew materials from Hutchins Library. No materials will be checked out or renewed without this personal identification card. Students are responsible for all materials checked out on their cards.

Berea College students working on course assignments have priority in the use of Hutchins Library computers.

Theft, misuse, or damage of materials will result in disciplinary measures against those responsible. Reports of any violations will be sent to the Director of Library Services (CPO LIB or ext. 3266) for appropriate action.

Insurance

Berea College does not carry insurance on personal property of students regardless of where such property is located. It is recommended that students insure their personal property through their parents’ or individual homeowner’s and/or vehicle insurance policies. (Also see Campus Safety and Security for tips on caring for property and valuables while on campus.)

Management of Behavioral Disturbances

Policy

Given the educational philosophy and residentiality of Berea College, the College will act in the best interest of the community as well as the individual.  Similar action may also become necessary when there is repeated documentation of behavior which indicates that a student is unable to be responsible for his/her behavior, to the extent that the behavior significantly interferes with the ability of other students to pursue an orderly course of living and study.  Should it be determined that the welfare of the student and community is being compromised by this behavior, the Office of the Vice President for Student Life will exercise its authority to protect the educational processes and purpose of the institution by taking one or more of the following steps:

1.  Notify parents or other responsible person(s).

2.  Notify police.

3.  Request professional health and/or psychological evaluation.

4.  Require that the student be placed in protective custody of police, parents, or hospital.

5.  Establish a Behavioral Contract that outlines specific strategies and interventions that the student will engage in to prevent future disturbances to the campus community.

6.  Require that the student be withdrawn.

Implementation

Determination will be based upon verification of a physical act, verbal statement and/or a demonstrated lack of the individual’s ability to be responsible for his/her behavior.  A designee of the Vice President for Student Life will make every reasonable attempt to meet with the student to inform the student that an involuntary withdrawal is being considered by an administrative panel; what the withdrawal would require and the reasons for the withdrawal being considered. The designee will explain the next steps in the process and provide the student with a copy of this involuntary withdrawal policy. The Designee will also review all other available options for the student to pursue, including a voluntary withdrawal, part-time student status, Leave of Absence, etc.

The student will be informed in advance of the time and location of the Administrative Panel meeting and be provided the opportunity to submit relevant information, behavioral contracts and present relevant witnesses from the College community. The Administrative Panel will consist of Designee of the Vice President for Student Life, Director of Counseling Services, and the Director of Student Success & Transition.

 A student may appeal the Administrative panel’s determination to the Vice President for Student Life. A student has two business days to request this appeal in writing. The Vice President for Student Life shall review all available information (i.e., all information considered by the Administrative Panel and any additional information subsequently made available by the student) and may seek additional information from the student. The decision from the Vice President for Student Life will be communicated in writing. The decision from the Vice President for Student Life is final.

Student Seeking to Return from an Involuntary Withdrawal

• The Administrative Hearing Panel will convene to review the student’s request for readmission.

• The Administrative Hearing Panel may or may not meet with the student.

• The Administrative Hearing Panel will notify the TRAAC (Transfer and Readmit Admission and Advising Committee) team in writing of their recommendation in a timely manner.

 

Missing Person Notification Policy for Residential Students

Berea College has established a policy and procedures for responding to reports of missing students, as required under the Higher Education Act of 2008. This policy applies to students who reside on campus and are deemed to be missing from the College for more than 24 hours without known reason.

Reports on students suspected to be missing should be directed to the Public Safety Office, which will conduct an investigation in cooperation with the Student Life Administrative Office. All resident students shall be given an opportunity to identify an individual to be contacted by the College in case the student is determined to be missing. Contact designations registered under this policy will be confidential. If a student is determined to be missing, Berea College will notify the designated contact person within 24 hours of such determination. If the student is under 18 years of age, the College is required to also notify the parent or guardian. Public Safety will also notify the Berea Police Department.

Missing Person Reporting Procedures

• Reports of missing persons should be directed to the Public Safety Office.
• Public Safety, working with the Associate Vice President for Student Life, and/or the Associate Dean of Student Life, will investigate the report.
• If the student is deemed missing, the Associate VP for Student Life and/or the Associate Dean of Student Life, will make every reasonable effort to notify the student’s designated missing person contact within 24 hours. If the student is under the age of 18, the student’s parent or guardian must also be notified.
• If the student is deemed missing, the Director of Public Safety will notify the Berea City Police within 24 hours.
• The Associate VP for Student Life, and/or the Associate Dean of Student Life, will also notify appropriate college officials and initiate any additional actions deemed in the best interest of the student.

Procedures for Designation of Missing Person Emergency Contact Information

All residential first-year students will be given the opportunity to designate confidential contact information as part of a required on-line orientation process. Thereafter, the student will be responsible for updating contact information as needed. All current and continuing students will be given the opportunity to provide and update confidential contact information within the first two weeks of every fall term.

Effective Date: July 1, 2010

Revision Date: July 1, 2010

Approved by: Vice President for Student Life

Submitted by:   Carla Roberts

Motor Pool Use

As of July 1, 2021, the Motorpool fleet for Berea College will no longer be available for utilization for Campus, as the College has transitioned these services to Enterprise.  While the College-owned fleet will not be fully dissolved initially, all reservations should be made through the Enterprise system.  In the event that a reservation necessary for College business continuity or operations is unavailable via the Enterprise system, the Public Safety Director can authorize usage of a College Motorpool vehicle on a case-by-case basis.

 

• Motor Pool Rates
• Motor Vehicle Decals
• Parking Areas
• Motor Vehicle Policy

Harassment Policy

Berea College, in light of its mission in the tradition of impartial love and social equality, welcomes all peoples of the earth to learn and work here. This means that the College welcomes all students and staff who seek to live and to learn at Berea in the context of the College’s mission as expressed in the Great Commitments. But this does not mean that all behaviors are considered acceptable. Given Berea’s inclusive welcome to all peoples of the earth, the College will not tolerate speech and acts that are harassing to anyone on account of race, gender, age, religion, sexual orientation, national origin, or other such distinguishing characteristics. (As adopted by the General Faculty, December 7, 2000; Revised by Administrative Committee, June 2011.)

Commentary:

Harassment prohibited by this policy includes verbal or physical conduct that, because of its severity and/or persistence, substantially interferes with the mutual respect and collegiality afforded all individuals at Berea College. In particular, harassment may include verbal or physical behavior directed at an individual that is abusive of that individual’s distinguishing characteristics, including race, gender, age, religion, sexual orientation, or national origin, to such an extent as to substantially interfere with the individual’s work or education or adversely affect one’s living conditions. 

In prohibiting harassment in all its forms, Berea seeks to preserve and enhance academic freedom for all members of the campus community. Nothing in this policy is intended to limit the freedom of inquiry, teaching, or learning necessary to the College’s educational purposes, or to inhibit scholarly, scientific, or artistic treatment of subject matter appropriate to an institution of higher education.

Reporting:

This policy applies to all persons enrolled or employed at Berea College.  Berea College is committed to investigating and resolving all complaints.  Such complaints should be directed via email to TitleIX@berea.edu or by phone to 859-228-2323.

Procedures for reporting, investigating, and hearing alleged violations of this policy involving faculty, staff or administration are found at Procedures for Reporting, Investigating, and Hearing Alleged Violations of Certain College Policies.

For cases involving student on student violations of this policy, offenders will be disciplined in accordance with provisions of the Student Judicial Code.

Motor Vehicle Policy for Students

Motor Vehicle Policy for Students

Possession of Motor Vehicles in the Berea Area by Residential Students

1. The policy is premised on the number of authorized student vehicles being limited to the current number of campus spots designated for students in the student lots.
2. Vehicle applications will be approved in the following order until the maximum capacity is reached, with some spots reserved for special circumstances:
   1. Seniors (classification 4); “independent” students (as verified by Student Financial Aid Services); students who are active members of a military reserve unit; and students whose homes (according to the address on the FAFSA) are greater than 6 hours (or 350+ miles) driving distance from Berea (as verified by appropriate documentation).
   2. Juniors (classification 3);
   3. Sophomores (classification 2);
   4. First-Year (classification 1).
3. Applications will be taken by the Department of Public Safety until the end of the first week of classes of each Term. Thereafter, approvals will be granted on a first-come, first-served basis. Applications for reasons other than student classification must be accompanied by appropriate documentation.
4. The Office of Student Life reserves the right to make selective exceptions under extenuating circumstances related to personal medical needs with documentation and review by Student Health Services (White House Clinics), or any non-normal circumstance.
5. Temporary permission (for up to two weeks) is given for other reasons. A certain number of parking places are reserved for parking by those who receive temporary permits. Applications should be submitted to Public Safety in the same manner outlined above.
6. A grace period allows for transportation to and from campus at the beginning and end of each term. During these periods, any student may have a vehicle in Berea as long as they are parked only in designated areas according to the parking regulations from Public Safety. The “grace period” consists of two (2) weeks at the beginning of each term and starts during move-in and two (2) weeks at the end of each term. 
7. The decal fee for students is $50 annually. Temporary, two-week permits cost $7 each. Decals will be charged to the Student Account. Parking decals must be displayed appropriately as specified by Public Safety. Giving, selling, or purchasing a decal for another student or registering a vehicle owned by another student is a violation of the Berea College Code of Conduct and will result in disciplinary action. (See the Community Judicial Code in the Student Handbook.)

Compliance with Parking Regulations

1. Parking regulations, monitoring and enforcement are administered by the Department of Public Safety. A copy of the rules and regulations associated with campus parking will be provided to each decal holder. This information also is available on the Public Safety webpage (www.berea.edu/public-safety). It is the responsibility of all members of the campus community to know and abide by these regulations. Citations are issued for noncompliance. Individuals to whom parking decals are issued are responsible for all parking and traffic violations associated with their vehicle, regardless of who is operating the vehicle.
2. Four (4) or more citations, within an academic year, may result in the vehicle being restrained (booted) at the owner’s expense.
3. Three (3) or more incidents of vehicle restraints (booted or towed) will be referred to the Campus Conduct Hearing Board (CCHB) for review and/or consideration.
4. Citations may be appealed within five working days, in writing or by email to the Office of Public Safety.  Appeals will be forwarded to the Parking Review Board. Appeals of parking citations should be submitted along with a Citations Appeal Form, available at Public Safety. Appeals must be based on verifiable evidence. Lack of knowledge of the regulations is not grounds for appeal.

Student Life Division Plans for Supporting Students and a Residential Community.

The Office of Student Life supports a revised Motor Vehicle Policy and will continue to promote student engagement and a residential living environment by developing accountability standards for reckless driving, accidents on campus, cars used for illegal activity, unauthorized cars, etc.

The Office of Student Life recognizes that there will continue to be students who do not own a personal motor vehicle. Current shuttle services would continue while Student Life works to develop more comprehensive resources and services for students who do not own a car.

 

Effective November 9, 2023

Approved by the General Assembly and College Faculty Assembly November 9, 2023.

 

Immunization Policy

Students matriculating at Berea College are required to have the following immunizations: DPT series with current Td or Tdap booster (within 10 years); polio series; meningococal; and two measles, mumps and rubella (MMR) injections after the first birthday. Immunization for hepatitis A & B and chicken pox, while not required, are highly recommended. Also recommended are TB screening and the human papilloma virus vaccine.

Exceptions to this policy may be made for a documented allergy to substances in one or more of these vaccines or on the basis of a sincere and genuine religious belief prohibiting a particular immunization. Such a medical or religious waiver must have been applied for on the appropriate College form (submitted to lsl@berea.edu) and granted by the Immunization Exception Committee.

Immunizations for Education Abroad:

Students participating in international study/travel opportunities are required to have received all of their childhood vaccinations and be up-to-date on other vaccinations that the US Centers of Disease Control and Prevention (CDC) recommends, such as ones to protect against COVID-19.

Additionally, students are required to receive all immunizations that the CDC requires to travel to a particular country or region; and Berea College's Center for International Education may require immunizations that the CDC merely recommends for that country or region.

For example, students hoping to study in Ghana, are required to:

A. Have all their routine (childhood) vaccinations and boosters.

B. Have their COVID-19 vaccinations and boosters.

C. Get vaccinated against Yellow Fever (something that is recommended by the CDC, yet required by the Center for International Education) prior to traveling to Ghana.

 

Revision Date: November 1, 2023

Submitted by: Student Life Adm. Office

Network Usage Guidelines

The following guidelines are of a general nature and clarify the Computer and Network Policy. The guidelines address common situations but are not meant to be exhaustive. Questions about acceptable use of Berea College computing and network resources should be directed to the Information Systems and Services department.

1. Computer and Network Policy applies to all users and usage of College owned computers and data and voice networks.
   1. The policy applies apply to all host computer systems, personal computers, software, data sets, and other resources which may be accessed by users of the Berea College data or voice communications network
   2. All network users, including Berea College faculty, staff, students or contractors or other parties are expected to comply as was agreed by their signature on the application for a network/e-mail account.
   3. By logging in to the network, a user consents to these guidelines and all other IS&S policies and procedures implemented under the Computer and Network Policy.
2. Limited personal use of computer and network resources is allowed, but priority is given to usage for College business and academic pursuits.
   1. Users of the Berea College data or voice network may access the Internet or make phone calls for personal purposes but the College is not responsible for the security and privacy of data or messages transmitted for such purposes.
   2. The College does not guarantee availability, reliability or capacity of Internet or voice connection for personal usage.
   3. Users may store a limited amount of personal data and documents not related to their work or study on a personal computer.  If storage is overloaded, users may be asked to remove such personal data and documents.
   4. Users assume full responsibility for the legality of any personal data and documents stored.
   5. Users are cautioned that Internet surfing, the display of videos or the use of audio materials on a personal computer during work time is likely to distract from efficient work and may be outside the bounds of their department’s acceptable practices.
3. Users of computer and network resources will abide by community decency standards, copyright restrictions and other legal requirements.
   1. Users may not utilize e-mail mailing lists, classified ads or other mass communications resources to advertise or sell regulated goods such as pharmaceuticals or firearms.
   2. Users may not utilize e-mail mailing lists, classified ads or other mass communications resources to harass, belittle or coerce other individuals or classes of persons.
   3. Users may not utilize e-mail, phone calls or other communications resources to harass or coerce another individual.
   4. Users may not utilize peer-to-peer upload/download software or services to obtain or distribute copyrighted material not specifically authorized to the service.
4. Users may not modify the campus network wiring or configuration.
   1. Network hubs, switches or wireless routers may not be added to an existing port.
   2. Personal computers may not be configured to serve as routers or gateways to other networks, internal or external to Berea College.
   3. Network names of computers, printers and other network attached devices may not be changed.
   4. Network wires may not be cut, spliced or moved from their installed location.
5. Users may not engage in activities which degrade network performance or which interfere with other users’ access to computer and network resources.
   1. Intentional spreading or creation of computer viruses is prohibited.
   2. Overloading network services by using hacking tools, e-mail spamming or other means are prohibited.
   3. Overloading network storage areas with personal or unnecessary data is prohibited.
   4. Initiation or propagation of e-mail chain letters is prohibited.
6. Users may not attempt to circumvent system security or information protection mechanisms.
   1. Use of hacking techniques to uncover security loopholes or to circumvent network security and gain access to folders, databases, hardware, or other material on the network to which one is not authorized is will not be tolerated.
   2. Any network user found to have hacking software or paraphernalia installed on a computer connected to the campus data network will face immediate suspension of network access privileges and may be subject to further disciplinary action.
   3. Any attempt to guess other user’s passwords, access codes or encryption keys is forbidden.
7. Users must respect institutional data confidentiality and others’ privacy.
   1. Unauthorized monitoring of electronic communications is forbidden.
   2. Attempts to gain unauthorized access to private information will be treated as violations of privacy, even if the information is publicly available through authorized means.
   3. Searching through directories to find unprotected information is a violation.
   4. Special access to information or other special computing privileges are to be used in performance of official duties only. Information obtained through special privileges is to be treated as confidential.
   5. As it relates to sensitive college data maintained on college-owned computers the following applies:
      1. Computers/Laptops: IS&S is responsible for the disposal of all College-owned computers, laptops and similar devices.  Drives on these computers are wiped to DoD-3 standard before the unit is sold or sent to recycling.
      2. CD’s/DVD’s: Standard practice is to shred CD’s and DVD’s using standard paper shredders with built in capacity to shred this media.  IS&S maintains such a shredder for this purpose.
      3. External Hard Drives:  External hard drives including USB drives should be wiped to DoD-3 standards before disposal.  Free software is available to do this such as CCleaner at http://www.piriform.com/ccleaner.
8. Users are responsible for all actions initiated from their login ID(s).
   1. Each user is assigned a personal login ID with a unique name associated with their College student or employee records.
   2. Users should not share access to their personal login ID with others.
   3. In some situations, a user may also be issued a non-standard ID which can be used on specific computers for a particular function.  The owner of a non-standard ID may share that ID with others, but he or she is responsible for all activity that occurs in sessions logged in under that ID.
   4. Passwords must be chosen in such a way that they cannot be easily guessed.  Network software will enforce a minimum level of password complexity.
   5. Workstations should be logged off or locked when left unattended.
   6. Users may set up network sharing on a personal computer issued for their use in order to provide other users access to data or other resources.  However, individuals are responsible for the content and legality of any information they choose to share.
   7. Users should avoid storing on paper on in computer files their passwords or other information that could be used to gain access to other campus computing resources.
   8. Network storage is provided to each individual user and to many groups such as employees in a department or students enrolled in a class.  Network storage may be used only to store material associated with a user’s work or study.
   9. Network software will enforce storage size limits on network storage resources.  Users are responsible for managing their stored data and documents within these size restrictions.
9. Users must comply with software licensing terms.
   1. Software licensed to Berea College may not be installed on a computer not owned by Berea College.
   2. Personal computer users may not install copyright protected software not licensed to the College on a College owned computer.
   3. Personal computer users may install public domain or open source software on their computer, but are cautioned that installing such software may disrupt the efficient operation of the computer.  If the computer requires service such software may be removed.
10. Access to network resources is provided only to those officially associated with Berea College.
    1. Withdrawn student accounts and stored data and documents will be deleted immediately upon receipt by IS&S of official notification of the change in status.
    2. Graduated student accounts and stored data and documents will be deleted between two and four weeks after their graduation.
    3. Faculty, staff or contractor accounts will be disabled or deleted when a user ceases official association with Berea College. All data and documents stored on personal computers or personal network folders will be deleted or copied to another location at the discretion of the departing individual’s supervisor.
    4. When faculty, staff or contractors are assigned a new position and/or responsibilities within Berea College, access associated with the former position will be revoked and access associated with the new position must be requested.
    5. No services will be provided to outside organizations or agencies that would normally be provided by other public or private agencies within the geographical areas of the campus without the prior approval of the campus president or authorized vice president designee.
11. Information Systems and Services manages all network resources.
    1. Only Information Systems and Services personnel or those authorized by the Chief Information Officer may be given physical access to College network servers, switches, routers and other equipment.
    2. Individual departments may operate a server connected to the campus network only with explicit permission from Information Systems and Services. Application for such permission is by letter to the Chief Information Officer.  An application letter needs to include the need, use, and information content of the server and needs to identify a Berea College faculty or staff member who will be ultimately responsible for the use, maintenance and content of the server.
    3. IS&S system administrators may access user’s files for the maintenance of networks and computer and storage systems (e.g., to create backup copies of data).
    4. IS&S system administrators will not intentionally inspect the contents of data files or e-mail messages or disclose such contents to any person other than the owner, sender, or an intended recipient without the consent of the owner, sender, or an intended recipient unless required to do so by law or to investigate complaints regarding files or documents alleged to contain material contrary to Berea College policies or applicable laws.

Ombudsman Person - Complaints from Students

When a complaint does not fit one of the published processes for adjudication, the student should contact the Ombudsman person for Students, Rachel Burnside, for guidance. (Their office is located in Danforth Hall and their email is burnsider@berea.edu).  Acting in the Ombudsman capacity, they inform relevant parties to such complaints and refers for action, mediates, or otherwise investigates the complaint, providing appropriate documentation of the complaint and action taken.

Intellectual Property Rights Statement

Introduction

Berea College is committed to providing an environment that supports the learning, teaching, scholarship, and creative activity of its faculty, students, and staff. Within that context, this Intellectual Property Rights Statement, the accompanying Copyright Policy and Patent Policy (collectively, the “Policies”) are intended to:

• Encourage excellence and innovation in teaching, scholarship, and creative activities;
• Identify and protect the intellectual property rights of faculty, staff, students, the College, and others whose work is used by members of the College community;
• Encourage the notion that creative, pedagogical, and scholarly works produced at Berea College should advance the state of knowledge and contribute to the public good;
• Acknowledge and preserve the traditional property rights of scholars with respect to products of their intellectual endeavors; and
• Help members of our College community conform to copyright law by identifying resources that serve to inform decisions about the fair use of work created and owned by others.

The Copyright Policy and Patent Policy address intellectual property interests protected by copyright and patent laws. Trade secrets, service marks and trademarks are the subject of other state and federal laws.

General Policy

Berea College expects all faculty, staff and students to respect and comply with copyright and patent laws in their use of others’ copyrighted materials and patented inventions. The College expects that all members of the campus community also will respect and comply with the legal rights of owners of trademarks, service marks and trade secrets.

The College affirms its commitment to the academic tradition that, except as otherwise provided by these Policies, student, faculty, and staff authors/creators remain the owners of their scholarly, pedagogical, and creative works and retain the associated intellectual property rights.

In general, U.S. copyright law affords protection to original works of authorship, certain derivative works and compilations (collectively, “Works of Authorship”) fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Original works of authorship include, inter alia, the following categories:

1. literary works;
2. musical works, including any accompanying words;
3. dramatic works, including any accompanying music;
4. pantomimes and choreographic works;
5. pictorial, graphic, and sculptural works;
6. motion pictures and other audiovisual works;
7. sound recordings;
8. architectural works;
9. teaching materials; and
10. computer programs and software.

It is not the intent of these Policies to change the relationship between author/creator and the College that has existed through the years in relation to copyright ownership of scholarly, pedagogical, or creative works.  However, authors/creators are encouraged to consider how to best disseminate their work to serve the greatest public good, including avenues such as traditional publication, release into the public domain, and open source licensing.

A patent is a specific type of intellectual property right that is granted by the US government to an inventor of any new and non-obvious solution to a technological problem. Under US patent law, inventions are owned by the inventor rather than by the employer unless the inventor agrees to assign rights in an invention to the employer or the invention constitutes a “work for hire".

Berea College is committed to academic integrity and compliance with copyright law, including “fair use” exceptions to the exclusive rights of copyright owners. The College provides resources to educate faculty, staff and students and help them make appropriate decisions about the use of copyrighted materials and requires that faculty, staff, and students educate themselves regarding the limits of “fair use” identified in Section 107 of the Copyright Act before relying on the fair use exception.

The College will disable access on its network or servers to any material that is determined to infringe upon a copyright, patent, trademark, service mark or trade secret. In addition, any member of the College community who disregards or infringes upon another’s copyright, patent, trademark, service mark or trade secret may be subject to disciplinary action.

For more information and resources concerning intellectual property rights issues, please contact the Office of Academic Affairs.

Berea College Copyright Policy

This policy applies to the ownership of copyrights in works of authorship created by Berea College students, staff, and faculty in the context of their relationship with the College.

In general, U.S. copyright law affords protection to original works of authorship, certain derivative works and compilations (collectively, “Works”) fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

I. Ownership

Berea College waives any copyright interest it may legally have to Works created by faculty. Examples include, without limitation, class notes and syllabi, pedagogical materials, books and articles, works of fiction and nonfiction, poems and dramatic works, musical and choreographic works, pictorial, graphic, and sculptural works, computer programs and educational software.

Berea College also waives any copyright interest it may legally have to Works created by students outside of their assigned campus labor. Examples include, without limitation, materials produced for a class assignment, an internship, student-led community service project or honors theses.

This policy, shared by many other colleges and universities, recognizes a long-standing tradition of encouraging scholarship and innovation in academic endeavors. Although technological advances have changed the media in which ideas may be fixed, Berea’s fundamental policy with regard to such Works remains one in which copyright ownership shall be held by the faculty or students who create the Work in academic and research activities subject to the provisions of Section II.

II. Exceptions

Institutional Works (or Works Made For Hire) - The College shall own the copyright interest in institutional Works, such as those produced in support of the College’s non-academic operations, external programs and student labor program. This includes Works created by non-faculty employees (either staff or student employees) within the scope of their employment. However, this does not include Works created by non-faculty employees under the supervision of a faculty member in academic projects. In such cases, the faculty member would usually retain copyright ownership, unless the College can claim ownership rights under an exception provided by this Policy. The College shall also own the copyright interest in Works created by faculty members made pursuant to an assigned administrative task or specific undertaking by agreement with the Office of Academic Affairs.

College-Sponsored Works - Berea shall own the copyright interest when it provides extraordinary financial support or institutional resources for a project. The following conditions provide a useful guide:

1. Ordinary Support for Faculty – Support that is available generally to faculty will not generate College claims of copyright ownership. An academic Work will not be treated as “made for hire” merely because it is created with College resources, facilities, or materials of the sort traditionally and commonly made available to faculty members. Examples of ordinary support include office or laboratory space, secretarial services, and access to generally available computer facilities and support.  Ordinary support also includes sabbatical leaves, professional development funds, and other regular, recurring institutional grants.
2. Ordinary Support for Students – Support that is available generally to students will not generate College claims of copyright ownership. Examples of ordinary support include student laboratory space and access to generally available computer facilities and support.
3. Extraordinary Support - Berea will share ownership of the copyright with author(s) when the College funds specific projects with extraordinary support involving substantial grants of money or provision of resources other than those listed above. Prior to the project commencing, there should be an agreement signed by the participating parties describing the project, the support being provided by the College and how the copyright is to be shared.

External Grants and Third-Party Agreements - Works created with external grant support in agreement with or under the sponsorship of a third party will be governed by the agreement with the third party. The Provost and the Dean of Faculty, along with the Vice President for Finance, must approve any agreement with a third party that involves use of College resources.

Berea College Patent Policy

This policy applies to the ownership of patents in works invented or created by Berea students, staff, and faculty in the context of their relationship with the College.

I. Disclosure

Inventions conceived or first reduced to practice using College facilities or developed under a sponsored research agreement shall be promptly disclosed by the inventor, in writing, to the Provost and the Dean of Faculty.

II. Ownership

Ownership of all patentable inventions conceived or first reduced to practice by faculty, staff or students shall belong to the inventor.

III. Exceptions

Extraordinary Financial Support or Use of Institutional Resources.  Inventions created with the use of extraordinary (i) financial support or (ii) institutional resources of the College shall belong to the inventor and the College according to terms negotiated and reduced to written agreement by the parties.  In such cases, the College shall be responsible to advance the costs of applying for and securing the patent or cede its interest to the inventor. 

External Grants and Third-Party Agreements - Inventions created with external grant support in agreement with or under the sponsorship of a third party will be governed by agreement with the third party. The Provost and the Dean of Faculty, along with the Vice President for Finance, must approve any agreement with a third party or under an external grant that requires use of Berea College resources.

IV. Revenues

Royalty distribution for patents covered under this Policy shall be as follows: All administrative and legal expenses incurred in connection with the patent will be deducted from the gross royalty income. After these deductions, the royalty income is divided not less than 50% to the inventor and not more than 50% to the College, as negotiated per written agreement of the parties.

As approved by the Administrative Committee, October 25, 2016

As approved by the General Faculty Assembly, December 6, 2016

As approved by the Board of Trustees, January 21, 2017

Revised titles July 2019

Leaves of Absence

On occasion, students may be well advised to take temporary leave of the College community. Leaves of absence may be granted for a variety of reasons: personal, medical, educational, occupational, or family related. Procedures and eligibility for applying for a personal or medical leave of absence can be directed to the Office of the Vice President for Student Life at this email address (lsl@berea.edu) and an academic leave can be requested at the Office of Student Success &Transition (sst@berea.edu).  The term in which a student is on leave of absence does not count towards total terms of attendance.

Please note that students who plan to study abroad in a regular term (fall or spring) must be on campus for the fall or spring term prior to the one of their study abroad experience.  Students who plan to study abroad in the summer term must be on campus the prior spring term.

Academic Leaves

Academic Leaves of Absence are designed to allow students to explore educational or occupational opportunities not available through the formal educational program and should be planned as early as possible for a subsequent term. Requests for academic leaves must be submitted to the Office of Student Success & Transition (sst@berea.edu) no later than the last day of registration for the next term.

Eligibility Requirements

To be eligible for a Leave of Absence, a student must have completed at least one regular term of attendance, may not be on any type of probation, and may not have financial obligations that cannot be reasonably met by the end of the current term. Students normally are not eligible for more than one Leave of Absence. Final approval and consideration beyond the parameters of this policy rests with the Enrollment Policies Committee.

Personal and Medical Leaves

Personal Leaves of Absence are appropriate during a current term of enrollment for extenuating personal circumstances that require absence for the remainder of the term. Requests for personal leaves should be directed to the Associate Vice President for Student Life not later than the last day to withdraw from a course for that term. Normally, leaves will not be granted beyond this date except in rare circumstances beyond the student’s control, e.g., for medical reasons.

Leave Conditions

A Leave of Absence may be no longer than one regular term. College credit earned while on leave is transferable to Berea under the stipulations for transfer credit set forth in the Berea College Catalog. Students on leave may not work in the Labor Program nor use some College services. Should a student for whom a leave has been approved fail to meet the eligibility guidelines, the leave will be revoked and the student must either enroll in the term for which the leave was approved or withdraw. Students who do not return at the end of the leave period will be withdrawn and must apply for readmission. Additionally, Title IV grant and loan aid may require repayment. Students approved for Leave of Absence are not subject to readmission policies unless the leave has been revoked or they fail to return as scheduled. (See “Readmission” in the Enrollment and Registration section of the Catalog.)

Leave of Absence Request Forms are available from the Office of Student Success & Transition (sst@berea.edu) and from the Student Life Office (lsl@berea.edu). Forms must be signed by the Academic Advisor and submitted to the appropriate office (see above) after completion.  Terms approved for a Leave of Absence are not counted towards total terms of attendance (see Eight-Term Rule and Extension of Terms). 

Probation

Students on any type of probation are restricted in some of their activities. (See the Academic Performance Standards section for more information about probation and suspension.) Students on probation (i.e., Academic Probation, Labor Probation, or Social Probation) may not receive travel grants for conferences or graduate school interviews, application fees for graduate schools or graduate school test preparation course fees. Students on probation may not participate in international study-travel programs, receive permission to have motor vehicles on campus, or be granted leaves of absence. In order to register for and/or participate in approved instructional programs outside the United States, students also must be free of all forms of probation. Students on any type of probation may not propose or participate in Independent Studies, Team Initiated Studies, Education Abroad, or Internships.

Exceptions to these policies must be approved by the body responsible for setting the terms of the probation.

See information on specific types of probation (academic, labor, and social) in the appropriate publications (Academic Probation in the College Catalog and Labor Probation in the Tools Manual),

Readmission

Readmission of Previously Enrolled Students

Previously enrolled students who wish to return to Berea must apply to the Transfer and Readmit Admissions and Advising Committee (referred to as TRAAC) for readmission. Applications are secured from and returned to the Admissions Office. All materials relative to requests for readmission for Summer or Summer term, including internal processing, must be received by March 31 or by April 30 for Fall term or by November 30 for Spring Term. Applications for readmission cannot be processed until all outstanding account balances are paid and loans are current. There is a $50 entrance fee required of returning students.

Previously withdrawn students may not be enrolled at Berea until one full regular term of attendance has passed after the term in which the withdrawal occurred. Unless otherwise designated at the time of suspension, a student who has been suspended cannot be considered for readmission until the passage of two (2) regular terms of absence.

Readmitted students will return to the College with the same academic, social, and labor standing assigned at the time of departure. If, at the time of withdrawal, the student is not in good standing for financial-aid purposes, a readmitted student is required to submit an appeal in order to be considered for Title IV and state financial-aid programs. Ordinarily, an application for readmission will not be considered in the case of a pending on-campus disciplinary charge and/or hearing until such a case has been adjudicated. (Also see “Financial Aid and Student Accounts” in the Catalog for more information.)

Readmission of Service Members (Veterans)

Students who voluntarily or by order of the U.S. Department of Defense, leave the College prior to earning a degree, spend more than 30 consecutive days in the uniformed services of the United States, and are honorably discharged are not required to compete for readmission to the College on the basis of academic, financial, or other qualifications—provided they return within a five-year period of time, not longer than three years from the last date of active service, and provided they have left Berea in good academic, social, and labor standing. Furthermore, such students will return to the College with the same academic, social, and labor status assigned at the time of departure. Readmission is not assured in the case of a rule violation charge or pending judicial hearing or when a student has not made satisfactory academic or labor progress toward a degree.

Eligible applicants must provide documentation that confirms dates of service along with readmission application materials. They are entitled to return to the institution as soon as feasible following the date of their completed application for readmission. Service members are not exempted from the requirement that they must resolve any financial obligations prior to the consideration of their application for readmission.

Records: Retention, Access, and Protection

In accordance with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended in 1976, and the USA Patriot Act of 2001 (as amended), the following policies are established by Berea College.

Contents of Files and Directories

FERPA permits educational institutions to designate certain items pertaining to the student as “directory information.” These points of information may be disclosed by the College without the consent of the student. At Berea College, the following types of personally identifiable information have been designated as “directory information”: the student’s name, address, telephone number, date and place of birth, dates of attendance, major and minor (if any), participation in officially recognized activities and athletics, weight and height of athletic team members, degrees and awards received, and most recent previous institution attended. Directory information may be released to parties having a legitimate educational interest in the information. A student may request that the College not voluntarily release any information to anyone, including in media or news releases. Students who wish to exercise their rights under the law to refuse to permit release of any or all of the categories of personally identifiable information with respect to themselves must notify the Vice President for Student Life in writing, preferably before completion of registration for the first term of enrollment for that academic year.

Student records are defined as those records created to assist the offices of the Registrar, Admissions, Labor Program Office, Residential Student Life Office, Student Success & Transition, and Institutional Research and Assessment in their support of basic institutional objectives and any records identified by student name that contain personally identifiable information in any medium. Each of these offices maintains a list of the documents routinely kept in files retained by that office. Permanent student records are defined as those kept in perpetuity by the institution. The permanent records consist of the original admission application, and the academic and labor transcripts. Copies of the Records Retention and Disposal Schedule are available from the Student Life Administrative Office. FERPA information is located on the Registrar's Copies of the Family Educational Rights and Privacy Act of 1974 (as amended), which is commonly known as “FERPA”, are available in the reference section of the Library, and at the U.S. Department of Education. For information on the USA Patriot Act of 2001 (as amended), see the Association of Research Libraries.

Student Review of Records

A. Access to Records

Upon written request, a student may inspect and review those educational records maintained by the College for that student. Upon receipt of a written request, the office holding the requested records must make them available to the student within 30 days. Typically, student records must be reviewed in the office housing that set of records. Students may make a written request for copies of Berea-only materials contained in their files. At this time, there is no charge for copying these records.

Under the law, a student has the right to challenge any information contained in the record that the student believes is inaccurate, misleading, or otherwise in violation of one’s privacy or other rights. Provision is made under the law for a hearing should the matter not be resolved between the student and the person responsible for the file in question. Request forms for such a hearing and information about the procedures to be followed are available from the Office of the Registrar. Under the law, such a hearing may not be convened to contest grades. (See Appeals of Grades.)

B. Exclusions

Students may see all recommendations (references) written on their behalf except for recommendations to which the student has waived the right of access. At the time the student applies for admission, financial aid, placement services, or for any other service requiring recommendations, the student will be given the opportunity to waive the right to see the completed recommendation. The College may not require the student to waive this right. Whether a student has waived the right to access, the student may request a list of names of all persons who have written references contained in that student’s file.

Students may not have access to financial records of their parents or to any information therein unless there is a signed release.

Records of College counselors and Student Health Services are confidential and may not be reviewed personally by the student, although the student may request in writing that another appropriate professional person of the student’s choice review these records. Any cost of such a review is the responsibility of the student.

Access to Records

A. Release of Records

The College will not permit access to or the release of educational records of a student, including grades and transcripts, other than directory information without the written consent of the student to any party except:

1. College officials who have legitimate educational interest;
2. authorized representatives of the Comptroller General of the U.S., the Department of Education, or an administrative head of an education agency, in connection with an audit or evaluation of federally-supported educational programs;
3. in connection with a student’s application for, or receipt of, financial aid or scholarships or in connection with the continuation of such aid or scholarship;
4. State or local officials or authorities to whom such information is specifically required to be reported (provided that statute was adopted prior to November 14, 1974);
5. educational research organizations with the understanding that personally identifiable material may not be transmitted to a third party;
6. educational accrediting agencies;
7. in compliance with the provisions of the USA Patriot Act of 2001, under which the College is obligated to release educational records (pursuant to an ex parte order) to a representative of the U.S. Attorney General in connection with a terrorism investigation or prosecution. The College is not permitted under the USA Patriot Act of 2001 to place a disclosure notice in the student’s file in the case of this type of records release;
8. in compliance with a civil judicial order or lawfully issued subpoena. The College must comply with the order even if the student cannot be reached although every reasonable effort will be made to notify the student (except in the case of the USA Patriot Act of 2001);
9. parents or guardians, as provided below.

B. Written Consent

Written consent by the student to release educational records to a third party must specify the records to be released and the recipient of such records. Request forms for the release of appropriate records will be made available in each office containing educational records.

C. Notification of Parents

Berea College recognizes the importance of support and interest of parents and families of students in all areas of the college program. Students are encouraged to share information about their experience and programs with their families. Normally, information regarding the status and progress of students 18 years of age and older is shared with parents by the College under the procedures to follow. Exceptions may be made in unusual circumstances upon request of the student and approval of the Director of Student Academic Records and Accounts for academic information and the Vice President for Student Life for other information. The College supports and follows the provisions of FERPA, which protects students from indiscriminate use of student records. FERPA permits, but does not require, provision of billing information to parents of financially-dependent students (for financial aid purposes, whether a student is “financially independent” or “dependent” is determined by federal tax laws and financial aid regulations). The parents of a “financially dependent” student may make a written declaration that the student is currently a dependent pursuant to IRC Section 152 AND may request educational records.

1. Letter of Notification —Parents, guardians, next-of-kin, or another person designated by the student will be sent a letter providing information about the academic calendar, including the dates for registration and confirmation and the dates grades are released to students via the College’s secure Web site, along with a summary of how grades are defined by the College. Students are encouraged to discuss their courses, grades, and experiences at the College with their families. The College will honor requests by students that the letter of notification not be sent home. Requests are to be made in writing to the Office of the Registrar (CPO 2168, Berea College, Berea, KY 40404) no later than the end of the registration period.
2. Emergencies —Parents, guardians, or other persons indicated in the appropriate student records will be notified in cases of emergency. (See Emergency Contact Information.) The Student Life Administrative Office, shall determine whether an emergency exists.

Reinstatement to Good Standing

Unless otherwise specified at the time of suspension, the official status of the suspended student for academic reasons will be reflected in the academic record as “Academic Suspension” for the passage of one regular term, after which time the student is returned to “Good Standing,” thereby permitting enrollment at another institution.

All students who are suspended from Berea College automatically are placed in the category “not in good standing” until the end of the next regular academic term, unless the governing body (e.g., the Student Admissions and Academic Standing Committee, the Labor Program Council, etc.) specifies a different length of time.

All students in the category “not in good standing” will have such denoted on all transcripts until the end of the next regular academic term, unless the governing body has specified a different length of time. In the latter case, “not in good standing” will be indicated on the transcript until that time period has expired. All students who are expelled from Berea College will have that indicated on all transcripts permanently.

Returned Checks (Insufficient Funds)

If a check is returned by a bank to Berea College for insufficient funds, the person receiving the benefit from the returned check is responsible for repayment to Berea College along with a $15 fine in the form of cash or money order within thirty (30) days.Two returned checks (even if repaid) will result in suspension of check-cashing privileges for the remainder of the term, with the exception of checks issued by Berea College. Thereafter, any ONE returned check will result in the permanent suspension of check-cashing privileges, with the exception of checks issued by Berea College.

Search Policy

Official searches must be authorized by the Vice President for Student Life, the Associate Vice President for Student Life, or the Associate Dean of Student Life. In the absence of these persons the College President or the Provost may authorize a search.

Two staff members of the College must be present during a search. One of these two people should be a member of the Student Life staff. If these staff members are not available, others, such as a security officer or College Faculty member may be present. In the case of a search for weapons, both of the two required persons must be of non-student status.

In the event of a clear and present danger, the student should be present if available. If the student is not present, a note will be left giving the date and names of the persons involved in the room search and a description of any item that has been confiscated.

A signed receipt will be left describing any item taken. If nothing is taken, a signed note will be left indicating a search was conducted. Either statement will indicate that a written report on the search will be available in the Student Life Administrative Office.

In the event of a search for prohibited objects presenting no immediate danger, the person conducting the search has the responsibility for attempting to locate the student on campus in order for the student to be present during the search. At least one of the following students must be present if the occupant cannot be located: a House Council member, a student residence hall staff member, or a Student Government Association officer.

In the search for specified objects, any additional item that is prohibited under College regulations may be confiscated and used in separate campus judicial procedures. If necessary, the student may be required to open personal baggage and other personal material that is sealed. If the student cannot be immediately located, baggage and other personal material may be retained by those conducting the search until the student is present to open it.

When searching for weapons, nothing but the weapon(s) may be used as evidence against the student in campus judicial procedures. However, additional items that are discovered during a room search could result in separate charges and a separate hearing through the campus judicial procedures.

After any search, a report will be written by the person conducting the search. The report will include name of complainant (unless the search was for weapons or involved intimidation or a clear and present danger situation), the administrator who authorized the search, the reasonable cause that was established, the persons present during the search, and the events and procedures of the search. A copy of the report of any search will be made available, upon request, to the student, to the judicial body hearing charges related to the search, and to any person authorized to review search incidents.

In the event of a danger involving health or safety of students, possible presence of weapons or any items that may have been used for intimidation, rooms or vehicles may be searched on the basis of information supplied in person by any individual without revealing the identity of the individual.

Sexual Assault: Frequently Asked Questions

How can physical evidence be preserved?

It is normal for someone who has been sexually assaulted to want to feel “clean”; however, bathing and other actions can destroy important physical evidence. You should refrain from showering, drinking, eating, douching, urinating, chewing gum or changing clothes until a medical exam can be done. If clothing has already been removed, it should be placed in a paper bag or pillowcase (not a plastic bag).

What happens if I go to the ER?

1. You have the choice to go to the Emergency Room for a sexual assault exam (cost normally covered by the Victim’s Fund established by the state) or medical attention (Emergency Room expenses will be billed to the student).
2. You may also choose to have a medical exam done by College Health Services during office hours (8:30am – 5:00pm M-F). This cost is covered by the student health fee. If you go to the ER for a sexual assault exam, the hospital staff is required to call a Bluegrass Rape Crisis Center advocate and the police.
3. If a sexual assault exam is requested, the victim must indicate that she/he is considering pressing charges so that a Rape Kit is made available to preserve evidence collected from the exam. This in no way obligates the victim to press charges but ensures that critical evidence is collected should a decision to press charges be made any time in the future. (Note: There is no statute of limitations on the crime of rape; however, rape kits are typically disposed of after 6 months).

The victim will be encouraged to provide a statement to the police officer before leaving the hospital. This statement accompanies the completed Rape Kit but it is not an agreement to press charges. A victim has the right to refuse to speak with a police officer or may choose to do so at a later date.

Do I have to talk to Public Safety and/or to a Police Officer?

No. You have the right to refuse to speak with Public Safety and/or to a police officer. You also have the right to speak with Public Safety and/or a police officer at a later date. Please keep in mind that critical evidence may be lost should you wait to make a statement and/or press charges and that a full investigation cannot be done without your cooperation.

What is involved in a sexual assault examination?

Either the ER doctor or, if requested, a Sexual Assault Nurse Examiner (SANE) will conduct a thorough medical examination to assess for injury and collect evidence that can be used if charges are pressed. The exam takes 2-3 hours and requires a lengthy list of samples to be collected for analysis, including pubic hair, finger nails, vaginal or penile and anal fluids, pictures of bruises or wounds, etc.

If I had been drinking at the time of the assault, will I get in trouble for drinking if the sexual assault is reported?

The College is committed to caring for and supporting anyone who has been sexually assaulted regardless of the circumstances surrounding the assault. If there are alcohol, visitation, or other policy violations connected to an assault situation, accommodations can be made so that you are not penalized for these infractions.

What should I do if I am worried about seeing the other person around campus?

If you are concerned about your safety or reasonable comfort as you participate in campus events, class, or labor, the College will try to adjust housing assignments, class and labor schedules, etc. Depending on the circumstances, the College may also issue a Cease and Desist order limiting further contact between the individuals involved.

Nondiscrimination Policy

It is the policy of Berea College not to discriminate on the basis of race, color, religion, national origin, ethnicity, age, sex, physical or mental disability, pregnancy status, marital status, sexual orientation, gender identity, genetic information or covered veteran’s status in its admissions policies and all of its programs, activities or employment practices. This policy is intended to comply with the requirements of Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, regulations of the Internal Revenue Service, and all other applicable federal, state and local statutes, ordinances and regulations.

Approved by the General Faculty Assembly (December 2015) and the Board of Trustees (April 2016).

The following persons have been designated to handle inquiries regarding the nondiscrimination policies:

 

Title:	Vice President for Diversity, Equity and Inclusion
Name:	Dwayne A. Mack
Address:	CPO 2027
Telephone No.:	859-985-3369
Title:	Title IX Coordinator and ADA Coordinator
Name:	Joslyn Glover
Address:	CPO 2075
Telephone No.:	859-985-3606

Community Aspirations Statement

Berea College strives to create a rich learning community that welcomes and respects “all peoples of the earth.”[1]  In the context of the Great Commitments[2] and its long-standing tradition of “impartial love,” Berea seeks to provide a community of social equality that is welcoming of diversity. For that reason, discrimination of any form is contrary to Berea’s values. This includes, for example, any personally identifiable differences such as those identified in the non-discrimination statement,[3] but also extending to national or regional origin, accent or dialect, and cultural background.

A number of groups contribute to the Berea College community. Faculty are appreciated and value one another for their academic talents, participation in the shared task of responsible instruction, engaged advising of students, and labor supervision. Administrators and staff members engage in all facets of the campus and  participate in the education of students through operation of Centers and departments, provision of learning resources such as the library and information technology, participation in residential education, and supervision within the Labor Program. Students inspire one another and members of the community through stories of enterprise and initiative, by taking full advantage of the learning opportunities offered by the College, and moving on to lives of service and accomplishment. In their relationships and in their academic work and labor, students conduct themselves with honesty and integrity.

Interactive relationships and engagement not only within but also between these groups form the foundation of Berea’s academic community. Members of each group learn from and educate the others. Faculty and staff partner in providing an engaged and transformative educational experience for all of Berea’s students and enjoy learning from one another as colleagues. This rich learning community encompasses students as well, both when they are on campus and later when they are in the world as Berea graduates. Learning in the Berea community is mutual and reciprocal, and governance is shared and collaborative.

Berea College values freedom of expression and collegiality. Education and edification both proceed through rich engagement and honest sharing of knowledge, perspectives, and insights. Hindrances to dialogue and free expression can very much impede learning. The concept and application of academic freedom at Berea College protect these values and are articulated in the Faculty Manual.[4] While these rights and responsibilities specifically apply to teaching faculty at the College, they should also be taken as a guide for other members of the community, along with the Workplace Expectations.[5]  Dialogue, engagement, and learning, however, can also be limited when prejudice, discrimination, or insensitivity result in the discouragement and silencing of members of the community. The Berea College community functions best when all members are doing everything possible to learn from one another, when all make charitable assumptions regarding the intent of others, and when all value rich dialogue and commit to responsibility and sensitivity in their engagement with others.

Relationships extending beyond the College are also important, and in all these interactions members of the College community strive to be good neighbors, as does the institution itself. The College values the good will and respect of the City and its residents as well as that of visitors to the area. Bereans are aware that their dealings and activities will influence views of others about the school and its mission. They aim to be good citizens and to participate actively and positively in civic life, striving to conduct their affairs so as to enhance the quality of life for all, and respecting the property and interests of others. Bereans realize the value and necessity of challenging one another and those others who share this place with us for purposes of education and to promote necessary social change, but endeavor to do so in ways that avoid the giving of unnecessary offence.

This statement of community aspirations describes the values that the students, faculty, staff and alumni of Berea College are encouraged to endorse and to uphold. This statement does not mandate these values and is not intended to restrict any person’s conscience or academic or personal freedoms. It is hoped that all Bereans will choose to make these values their own and to live by them on campus, in the local community, and in the wider world.

Approved by the General Faculty Assembly, February 9, 2016

Smoking (Tobacco Free Campus Policy)

Tobacco-Free Campus Policy

I.  Policy

As of July 1, 2019, the use of all tobacco products is prohibited on all property that is owned, operated, leased, occupied, or controlled by the College. “Property” for purposes of this policy includes the farm, forest, buildings, athletic venues, grounds, sidewalks, parking lots, and vehicles, as well as personal vehicles in these areas. This policy will be followed as a standard rule of conduct in the Student and Employee Handbooks.

II.  Rationale

Berea College acknowledges and supports the findings of the Surgeon General that tobacco use in any form, active or passive, is a significant health hazard that can lead to premature death, heart disease, and lung cancer, even among non-tobacco users. The College further recognizes that environmental tobacco smoke has been classified as a Class A carcinogen and that there is no safe level of exposure to environmental tobacco smoke, a recognized toxic air contaminant.

In light of these health risks and the College’s commitment to providing a safe and healthy working and learning environment for its students, employees, and visitors, Berea College has adopted a TOBACCO-FREE campus policy.

III.  Definitions

“Tobacco Products” means all forms of tobacco, including, but not limited to, cigarettes, cigars, pipes, water pipes (hookah), bidis, electronic nicotine delivery systems, electronic non-nicotine delivery systems, smokeless tobacco products, and any product that produces smoke or vape. “Tobacco products” do not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

“Electronic nicotine delivery systems” include vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e-cigarettes or e-cigs), and e-pipes.

“Electronic non-nicotine delivery systems” include devices labeled as not containing nicotine.

“Smokeless tobacco” includes chewing tobacco, dip, snuff, snus, and dissolvable products including lozenges, orbs, sticks, and strips.

“College community” refers to faculty, staff, students, contractors, volunteers, customers, and visitors working, learning, or visiting a Berea College owned property.

IV.  Entities Affected

This policy applies to all members of the College community.

V.  Exceptions

Tobacco use may be permitted on College-owned rental properties according to the provisions of the applicable lease agreements managed through the office of the Vice President for Operations and Sustainability. 

VI.  Implementation

Consistent with the eight Great Commitments, we must treat those who use tobacco products with respect, dignity, and care as we seek to implement and enforce this policy. The health and wellness education programs at the College perform an important function by demonstrating and promoting healthy lifestyles through activities such as the curtailment of the use of tobacco products. For those seeking assistance, tobacco cessation programs are available to faculty, staff, and students, and the College encourages participation in these programs. For more information, contact Thrive! Wellness at Wellness@berea.edu or (859) 985-3968.     

VII.  Compliance and Enforcement

All members of the Berea community share in the responsibility of adhering to and enforcing this policy. The success of this policy depends upon the thoughtfulness, consideration, and cooperation of those who use tobacco products and those who do not. Informational rather than punitive enforcement is the intent of this policy.  However, violations of this policy will follow the standards set forth in the Student and Employee Handbooks.  

Approved by the General Faculty Assembly, April 3, 2018.

 

Procedures for Reporting, Investigating, and Hearing Alleged Violations of Certain College Policies

Berea College is committed to investigating promptly and resolving all complaints of conduct violating the College’s Sexual Misconduct Policy or other policies concerning prohibited discrimination, or the College’s policy on consensual relationships between employees and students (any of the foregoing being referred to as a “Violation”). Prohibited discrimination is defined as unfair or unequal treatment on the basis of any distinguishing characteristic protected by law or the College policy (see Nondiscrimination Policy).

The College provides the following procedures (the "Procedures") for reporting and investigating allegations and hearing complaints involving students, faculty, or staff. These Procedures may also be used, at the discretion of the President of the College, in other matters involving alleged violations of College policy where no specific investigative or hearing procedures have been designated. These Procedures are not used for matters arising under the College's Title IX Sexual Harassment Policy.

Complaints (other than those alleging sexual misconduct) involving only students (as both complainants and respondents) fall under the jurisdiction of the Student Conduct and Judicial Codes. Claims of harassment, sexual misconduct, etc., directed toward third parties such as College contractors or vendors are not within the scope of these Procedures and will be addressed administratively or otherwise.

A person who believes that they have been the victim of a Violation or desires to report a Violation may choose to pursue and resolve the situation privately without invoking these Procedures.  However, pursuing the matter privately does not preclude subsequent use of these Procedures. Students or employees of the College seeking information or having questions related to these Procedures may contact the Title VII/IX Coordinator.

Reporting

1. If a person (a) who believes that they have been the victim of a Violation, or (b) has firsthand knowledge of a Violation (such person being referred to as the “complainant”), chooses to pursue the allegation through the informal or formal hearing processes described below, they begin by making a complaint to the College’s Title VII/IX Coordinator. (A “complaint” is defined as a written communication from a complainant that leads to investigation and action.) 
2. A complainant may wish to make a record of the behavior constituting the Violation, including the date and a description of exactly what happened, who said or did what, and any other observations. The names of any witnesses to the incident may also be recorded. Such a record is best made promptly to ensure its greater reliability.
3. The Title VII/IX Coordinator will contact the person accused of a Violation (the “respondent”), provide the person with a copy of the complaint, and ask that a written response to the complaint be submitted by a specified date. 
4. The Title VII/IX Coordinator shall discuss with the complainant and respondent any interim/supportive measures (such as changing housing or labor assignments, workplace accommodations, security escorts or class schedule changes) that are appropriate prior to resolving the complaint.
5. If a person believes they may have committed a Violation, that person (the “respondent”) may elect to report the matter to the College’s Title VII/IX Coordinator or the respondent’s supervisor, and both will keep a record of the incident.  

Investigation

1. The Title VII/IX Coordinator will investigate or assign investigators to investigate any complaint of an alleged Violation and inform the respondent as soon as this is appropriate during the investigative process.
2. If there is an initial determination that there is no reasonable basis upon which to conclude that the alleged Violation has occurred, the Title VII/IX Coordinator will notify the complainant, the respondent, and any appropriate administrator or other staff member who has been involved in the investigation, and the compliant will be dismissed. The complainant may, within five calendar days of such a dismissal, appeal to the President for review of the Title VII/IX Coordinator’s action. The respondent will be notified if an appeal is submitted. The decision of the President on any such appeal is final and binding, and said decision is simultaneously conveyed in writing to the complainant, the respondent, and anyone else the President believes should be informed.
3. If there is an initial determination that there is a reasonable basis to believe that the alleged Violation has occurred, the Title VII/IX Coordinator will report the matter to the appropriate senior administrator (usually the vice president of the College division in which the respondent is employed) and will advise the complainant of options in resolving the complaint. The Title VII/IX Coordinator will also inform the respondent of the complaint if this has not already occurred during the investigation.
4. The Title VII/IX Coordinator may recuse from participation in a case, when appropriate, and a substitute for the Title VII/IX Coordinator will be appointed by the President.

Actions

A complaint not dismissed by the Title VII/IX Coordinator can be resolved informally or through a formal hearing process utilizing these Procedures.

Resolving Complaints Informally

1. The complainant, whether student, faculty, staff member, or administrator, may request to have the matter informally resolved by the senior administrator (usually the Vice President of the Division in which the respondent is employed) to whom the respondent reports. The respondent must also be informed of this choice of process. If the parties cannot agree on an informal process, the complaint will be acted upon in the formal process as provided in these Procedures.
2. Informal processes may vary, depending on the circumstances surrounding the complaint, but the senior administrator who is asked to examine the complaint must begin the process as soon as possible after they have received the complaint and investigative report but in no case more than 15 calendar days after receipt.
3. In resolving complaints informally, the senior administrator must consult with the Title VII/IX Coordinator regarding appropriate action in order to provide fair and consistent responses to similar matters across campus.
4. If the complaint is informally resolved to the satisfaction of the complainant, respondent, and senior administrator, the administrator shall simultaneously provide a statement of resolution in writing, including any terms of the agreement, to the complainant, respondent, and the Title VII/IX Coordinator.
5. Either party may choose to end the informal process at any time and move directly to the formal hearing procedures. If a complaint being handled informally cannot be resolved, then a formal hearing may be requested (as described below).

Resolving Complaints through the Formal Hearing Process

1. If the parties fail to agree to informal resolution, the formal hearing process shall be initiated. The matter will proceed even if any party chooses not to participate. The written complaint shall serve as the charges submitted to the hearing panel.
2. Formal complaints will be heard by a panel chosen from the pool of elected members of the Campus Conduct Hearing Board. The panel shall consist of three persons selected by the President of the College according to policy governing the Campus Conduct Hearing Board. The President shall name the panel’s chairperson. The hearing process should begin as soon as possible and the panel must ordinarily conclude its work no less than 15 calendar days after the complaint has been submitted to the panel. Once the panel is appointed and organized, the panel’s chairperson or the appropriate administrator shall give the complainant and respondent at least two calendar days’ notice of the time and place of the hearing.
3. To the extent reasonably possible, hearings shall be conducted in a manner that does not inflict additional emotional trauma.  Requests for special hearing accommodations shall be addressed to and decided by the College’s Title VII/IX Coordinator.
4. Except in extraordinary circumstances, the respondent is entitled to confront the accuser(s) and any witnesses at the hearing. The right of confrontation may be waived by the absence or gross misconduct of the respondent. The complainant and the respondent may each have one personal advisor present at the hearing. Such advisor(s) must be a full-time member of the faculty, staff, or administration of the College. Persons not directly involved in the hearing are not allowed to attend.
5. Other than the complainant and respondent, those who may testify are normally limited to witnesses or persons with personal knowledge of the incident or those who investigated the incident. Character witnesses are not permitted either for the complainant or respondent. Any available documentary evidence (e.g., email, letters, written documents or other records) that the parties intend to introduce should be submitted to the panel Chair in advance of the hearing.
6. The standard of proof in a formal hearing is whether, based on all the evidence presented, a reasonable person would conclude that it is more likely than not that the alleged Violation did occur (preponderance of evidence standard).
7. The Title VII/IX Coordinator, Director of Human Resources, or another member of the faculty, administration, or staff of the College appointed by the President, will serve in an advisory capacity to the hearing panel and may be present for the formal hearing, but such advisors may not participate in the deliberations, findings or recommendations of the hearing panel.
8. Both the complainant and the respondent shall be kept informed of the status of the formal process by the Title VII/IX Coordinator.
9. If the hearing panel concludes that the alleged Violation has occurred, the Title VII/IX Coordinator then shall provide whatever information there may be to the panel about other Violations involving the respondent of which the respondent has been previously informed and any disciplinary action taken. The Title VII/IX Coordinator may be asked to provide a recommendation regarding disciplinary action that may be warranted in a given case. The hearing panel will then deliberate regarding sanction recommendation(s).
10. The hearing shall conclude with the panel verbally stating the decision and, if applicable, the recommended sanction(s).
11. Within 15 calendar days following the hearing, the panel must submit a written report of its findings and recommendation(s) to the President. Upon receipt, the President shall provide a copy of this report to both the complainant, the respondent, and the Title VII/IX Coordinator or whoever served in the advisory capacity for the hearing panel. 
12. If the respondent is a member of the College Faculty and believes that the underlying facts of the alleged Violation and findings of the hearing panel for the complainant have been based upon speech or behavior in a classroom, laboratory, public lecture, or comparable environment that is protected by academic freedom, they may appeal the findings in writing to the Faculty Appeals Committee within 15 calendar days, showing cause for the claim of academic freedom. If the appeal is accepted, the Faculty Appeals Committee must hear the claim as soon as possible and submit its findings to the President and respondent within 15 calendar days after the conclusion of its hearing.
13. Either the complainant or the respondent may request the President to reconsider the findings of the panels of either the Campus Conduct Hearing Boar or the Faculty Appeals Committee. Such request for reconsideration are limited to two circumstances: (1) the discovery of new evidence bearing on the complaint; and (2) indications that improper procedures were employed in the investigation or in the formal hearing. The request for reconsideration must be made in writing within five calendar days after the parties have received the original report of findings from the President.
14. The President weighs the recommendations of the hearing panel (and, if applicable, the Faculty Appeals Committee) and any request for reconsideration in arriving at a decision. That decision is simultaneously conveyed in writing to the complainant, the respondent, the chairperson of the panel, Title VII/IX Coordinator, and anyone else the President believes should be informed. If the respondent is an employee, the decision shall also be forwarded to Human Resources. The President may provide such information in the written statement including details from the panel's reports, as the President deems appropriate.
15. The decision of the President on the findings and sanctions in any case is final and binding.

General Guidelines

1. In the reporting, investigating, and hearing of alleged Violations, every effort shall be made to ensure confidentiality and the privacy of the parties involved, but complete confidentiality cannot be guaranteed, particularly if formal charges are filed. Requests for confidentiality shall be addressed to and decided by the College’s Title VII/IX Coordinator. At all stages, investigations, administrative hearings, and formal hearings complaints are to be handled discreetly and expeditiously. Every effort will be made to contain hearsay and to minimize the potential for harmful effects on the individuals involved and the College community.
2. Both the complainant and the respondent shall be assured of fair treatment throughout the investigation, informal resolution and formal hearing processes. Retaliation or intimidation by either party is prohibited by law and College policy; neither will be tolerated. Any such retaliation or intimidation is subject to disciplinary action up to and including termination or expulsion.
3. Fabricated charges of alleged Violations or false testimony are serious offenses. Persons found to have fabricated charges or testified falsely will be subject to disciplinary action up to and including termination or expulsion.
4. At least annually, the Title VII/IX Coordinator shall inform the President of reports of alleged Violations and the results of any investigations or complaints.
5. All references in these Procedures to “calendar days” shall mean all days except those days officially designated as College-wide holidays each year by the College’s Office for Human Resources.

Disciplinary and Remedial Measures

When a Violation has been determined to have occurred, disciplinary measures shall be appropriate to the severity of the incident. Discipline may include one or more of the following actions: warning, reprimand, required letter of apology, changed assignment, relocation of office, required counseling, suspension, demotion, loss of salary, and other appropriate penalties, up to and including termination. A finding of a violation of Non-Consensual Sexual Intercourse must result in suspension or termination.  For students, discipline may include probation, suspension, expulsion or other sanctions as provided under the Student Conduct Code, except a violation of Non-Consensual Sexual Intercourse must result in suspension or expulsion. The College shall undertake reasonable measures to remedy the Violation and prevent recurrence.

 

Options Beyond the College

Individuals may have legal recourse beyond these Procedures.  In particular, a complainant may file a formal complaint with the Office of Civil Rights (OCR) under Title IX (for employees or students), with the Equal Employment Opportunity Commission (EEOC) under Title VII (for employees), file a civil lawsuit or pursue a criminal complaint with law enforcement authorities.

Solicitation

The intent of the campus solicitation policy is to ensure non-interference with the educational activities and business operations of the College. It is the general policy of the College not to serve as a meeting place wherein vendors can solicit employees or students.

No off-campus individual or organization may distribute literature; advertise; solicit customers; recruit volunteers, employees, or members; seek donations; or make sales on campus. This policy does not apply to individuals or organizations who are invited to campus by authorized Berea College administrative personnel as part of an approved College activity or event, i.e., United Way Drive.

Request for exception should be referred to the Associate Dean of Student Life or the Vice President for Student Life and to the Vice President of Operations and Sustainability for employees.

Research Involving Human Subjects

Requirements and Procedures

Purpose of the Requirements and Procedures

Berea College requires that all research involving human subjects, whether funded or not funded, or subject to Federal regulations or not, will be designed such that

• The welfare and rights of human subjects are adequately protected and informed consent given, if required. (See section C. below for a description of projects exempt from the institutional requirement of informed consent.)
• Human subjects are not placed at unreasonable physical, mental, or emotional risk as a result of research.
• The necessity and importance of the research outweighs the risk to the subject.
• The researcher(s) is/are qualified to conduct research involving human subjects.
• The researchers maintain overall ethical principles. 

“Research” is defined as, “a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program which is considered research for other purposes. For example, some demonstration and service programs may include research activities” [45 CFR 46.102(d)].

A “human subject” is defined as, “a living individual about whom an investigator (whether professional or student) conducting research obtains: data through intervention or interaction with the individual or identifiable private information” [45 CFR 46.102 (f)].

The purpose of the information below is to make certain that faculty, staff, and students understand the guidelines that must be applied to research involving human subjects and to ensure that they feel supported by the institution as they undertake such research projects. Faculty and staff should feel free to discuss this document and human subject research with the Provost, the designee of the Provost, or the Chair of the Berea College Institutional Review Board (IRB).

A. Membership of the Berea College Institutional Review Board

The IRB must be sufficiently qualified through the experience and expertise of its members and the diversity of their backgrounds, including considerations of their racial and cultural heritage and their sensitivity to issues such as community attitudes, to promote respect for its advice and counsel in safeguarding the rights and welfare of human subjects. In this regard, the Berea College IRB will include members who reflect the racial and cultural heritages of the College’s staff and student body and those of the surrounding community.

The IRB shall consist of a minimum of (5) voting members, including one (1) member appointed by the Provost who is not otherwise affiliated with the institution and who is not part of the immediate family of a person who is affiliated with the institution. Each newly appointed member will ideally serve a term of three (3) years, with individual terms sequenced to overlap and thereby allow for continuity of membership. The Provost will recommend an IRB Chair asking for concurrence during the regular September meeting each year. If a member of the IRB is directly associated with a proposal before the IRB, that member must be absent from any discussion and vote on that proposal.

In particular, appointments to the IRB will provide for the following areas of expertise and experience:

• at least one (1) member whose primary disciplinary training and concerns are in the social sciences;
• at least one (1) member whose primary disciplinary training and concerns are in the natural sciences;
• at least one (1) member who is knowledgeable in the areas of institutional commitments and regulations, applicable law, and standards of professional conduct and practice;
• at least one (1) member who is not otherwise affiliated with the institution and who is not part of the immediate family of a person who is affiliated with the institution; and
• at least one (1) member who previously has conducted substantial research involving human subjects and whose research was subject to an IRB review.

The IRB will meet no fewer than three (3) times each year to review research proposals involving human subjects. Members of the IRB will receive training in the regulations of the College and IRB training through the CITI program.  An administrative assistant will be assigned by the Provost to the IRB to ensure that accurate record-keeping is maintained.

B. Procedures for Approval of a Proposed Project

All research involving human subjects to be conducted by students as part of faculty- or staff-supervised work must be reviewed, approved, and supervised by the faculty or staff member. Such faculty member becomes responsible for such research or project as the Primary Investigator (PI) and remains responsible for the compliance of that research with ethical research standards, including IRB review, applicable at Berea College. No student may conduct research involving human subjects without a supervising faculty or staff member who has agreed to serve as the PI for that research.

Once research is submitted to the IRB for review, the Chair, the full committee or the Chair’s designee will take one or more of the following actions:

• Determine the authority of the IRB to review the research proposal.
• Determine whether the research proposal is exempt from review under applicable federal guidelines.
• Approve the research or project through expedited or full-committee review.
• Disapprove the research or project through full-committee review.
• Modify the research.
• Conduct continuing reviews of the research or project.
• Observe and/or verify changes to the research or project.
• Suspend or terminate approval of the research or project.
• Observe and/or verify the informed consent process and the research or project procedures.

Researchers, or in the case of students the faculty or staff supervisor acting as PI, are free to consult with the IRB about any issue of compliance under these requirements and procedures. Members of the College community affected by research may bring their concerns to the IRB as well.

C. The IRB Application

The IRB will provide an application process for faculty or staff seeking approval of research involving human subjects. Applications for IRB approval of such research or project must contain, at a minimum, information that allows IRB members to assess:

• Basic Required Information:
  • The qualifications of the principal investigator (PI) and any collaborators
  • A complete description of the proposed work
  • Provisions for the adequate protection of rights and welfare of subjects
  • Compliance with pertinent federal and state laws/regulations and institutional policy
  • Consideration of any special requirements for Department of Health and Human Services and Food and Drug Administration-regulated research (in addition, other funding agencies may also have similar requirements or expectations)
• Analysis of Risks and anticipated Benefits
  • Identification and assessment of risks and anticipated benefits
  • Determination that risks are minimized
  • Determination that risks are reasonable in relation to potential benefits
• Informed consent
  • Clear and full explanation of the informed consent process and documentation to be used for the study.
• Assent process
  • Assent process and documentation protocol
  • Explanation of the process for receiving and documenting the affirmative agreement of those legally responsible for any minor or decisionally-impaired individual who may participate
• Selection of subjects
  • Equitable selection in terms of gender, race, ethnicity
  • Benefits are distributed fairly among the community's populations
  • Additional safeguards are provided for vulnerable populations susceptible to pressure to participate
• Safeguards
  • Ensure that subject recruitment does not invade individuals' privacy and that procedures are in place to assure that the confidentiality of the information collected is monitored
• Research plan for collection, storage, and analysis of data
  • Clinical research studies often include data safety monitoring plans and/or data safety monitoring boards (DSMB). The IRB will review the plans to ensure they are adequate to protect human subjects
• Research design / methods
  • Are appropriate, scientifically valid and therefore, justify exposing subjects to potential risks

• Additional information – Special Populations 
  • About identification, recruitment and safeguards if the research involves special populations

D. Expedited Review by the IRB

In deciding whether any research involving human subjects qualifies for expedited review by the IRB, the Chair will apply the standards maintained by federal law.  Therefore, in considering expedited review, the Chair may not grant such review if the proposed research involves any work with prisoners, surveying or interviewing of children, or observations of public behavior of children when any investigator participates in the activities being observed. The Chair may grant expedited review if the research involving human subjects meets both of the following two criteria. The first criterion is that the research may not involve more than “minimal risk” to the individuals involved, meaning that the probability and magnitude of harm or discomfort anticipated in the research are not greater in and of themselves than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests.

The second criterion that must be met is that the research clearly conforms to one of the following nine (9) categories: (1) clinical studies on drugs or medical devices for which an investigational new drug (IND) or an investigational device exemption (IDE) application is NOT required (or a study with a cleared/approved medical device that is being used in accordance with its cleared/approved labeling); (2) the collection of blood samples by finger stick, heel stick, ear stick, or venipuncture; (3) the prospective collection of biological specimens for research purposes by noninvasive means; (4) the collection of data through noninvasive procedures routinely employed in clinical practice (for example, physical sensors that are applied either to the surface of the body or at a distance and do not involve input of significant amounts of energy into the subject or an invasion of the subject's privacy, weighing or testing sensory acuity, magnetic resonance imaging, electrocardiography, electroencephalography, thermography, detection of naturally occurring radioactivity, electroretinography, ultrasound, diagnostic infrared imaging, doppler blood flow, and echocardiography, moderate exercise, muscular strength testing, body composition assessment, and flexibility testing where appropriate given the age, weight, and health of the individual), provided that the noninvasive procedure must not involve general anesthesia or sedation routinely employed in clinical practice or procedures involving x-rays or microwaves, and provided that where medical devices are employed, they must be cleared/approved for marketing (studies intended to evaluate the safety and effectiveness of the medical device are not generally eligible for expedited review, including studies of cleared medical devices for new indications); (5) research involving data, documents, records, or specimens that have been collected or will be collected solely for non-research purposes (such as for medical treatment or diagnosis); (6) collection of data from voice, video, digital, or image recordings made for research purposes; (7) research on individual or group characteristics or behavior; (8) continuing review of research previously approved by the IRB where the research is permanently closed to the enrollment of new subjects, all subjects have completed all research-related interventions, and, the research remains active only for long-term follow-up of subjects, or where no subjects have been enrolled and no additional risks have been identified, or where the remaining research activities are limited to data analysis; or, (9) continuing review of research not conducted under an investigational new drug (IND) application or investigational device exemption (IDE) and where categories two through eight (2-8) do not apply.

Upon receipt of a request for IRB review, the IRB Chair may determine that an expedited review is appropriate in certain cases. The Chair may conduct that expedited review or designate one of the other members of the IRB to conduct that expedited review. In no case is the Chair required to grant an expedited review, even if the research appears to meet the criteria set forth above. Based on this determination, the Chair or designated IRB member must determine the following during the expedited review process:

• Have the risks to subjects been minimized using procedures that are consistent with sound research design?
• Are the risks reasonable in relation to anticipated benefits?
• Is the selection of subjects equitable?
• Are adequate procedures in place to ensure privacy and confidentiality?
• Is there a plan to monitor the data and safety of the subjects, if necessary?
• Will informed consent be sought and appropriately documented?
• Are safeguards in place to protect vulnerable populations?

As the result of an expedited review, the Chair or a Chair’s designee may approve the research as presented, or ask for modifications of the research or project before giving final approval. The Chair or the Chair’s designee may not deny approval during an expedited review. Any research or project that does not receive final approval during an expedited review must be submitted by the IRB Chair for full IRB review.

E. Full IRB Committee Review Process.

During a full committee review, the IRB must meet the following requirements:

• The review must be conducted at a convened meeting of the IRB. A majority of IRB members (a quorum) must be present at the meeting.
• At least one member whose primary concerns are in nonscientific areas must be present at the meeting.
• In order to approve research, the IRB must determine that all of the applicable requirements specified in 45 CFR 46.111 (and if applicable, 21 CFR 56.111) are satisfied.
• A majority of the members present at the meeting must approve the research.
• IRB members who have a conflict of interest in the research or project may provide information to the IRB but cannot participate in the review or be present for voting. Members with a conflict do not count toward the quorum for the review of that research or project.
• The IRB must notify the PI(s) and the institution in writing of its decision to approve, modify or disapprove the research or project.
• The IRB must keep detailed documentation of meeting activities including attendance, voting on actions, the basis for the actions, and a written summary of the IRB discussion of controverted issues and their resolution.

Federal policy lists Basic Criteria that the IRB must apply [45 CFR Part 46.111 and 21 CFR Part 56.111] when reviewing research involving human subjects. To approve such research, the IRB must determine that:

• The risks to subjects are minimized.
• The risks are reasonable in relation to any anticipated benefits to the subject, and to the advancement of knowledge.
• The selection of subjects is equitable.
• Informed consent will be sought.
• Informed consent will be documented.
• Where appropriate, the research plan makes adequate provisions for monitoring the data collected to ensure safety of subjects.
• There are adequate provisions to protect the privacy of subjects and to maintain the confidentiality of data.
• Where any of the subjects are likely to be vulnerable to coercion or undue influence, additional safeguards have been included in the study to protect subjects.

The IRB must determine that these conditions exist at the time of initial review and at each subsequent review conducted by the IRB.

F. Informed Consent Form Checklist

The checklist below is provided to ensure that each of the following components are included in all Informed Consent forms used for research involving human subjects at Berea College.

• The Informed Consent form is written in a language understandable to the subject or their legal representative.
• The Informed Consent form is written in a consistent voice either first, second, or third person (not a combination) with the exception of the Voluntary Consent section, which is written in the first person.
• Each page of the Informed Consent form is on original Berea College letterhead, except in cases of collaborative projects when the letterhead from a hospital, university, etc. is acceptable.
• If the research is externally funded, the funding agency is listed under funding source.
• The title of the study and the name, address, and telephone number of the investigator(s) is listed.
• If the principal investigator is a student, the address and telephone numbers of the student's research supervisor(s), clinical supervisor(s) are listed.
• The telephone number 859-985-3486 is listed for contact with the IRB.
• A statement that the study involves research and an explanation of the purpose of the research is included.
• A concrete description of the study procedures, including the amount of time subjects are being asked to contribute and the nature of the questions or data to be collected, is included. Any procedures which are experimental are identified and any alternative procedures are disclosed.
• A description of any risks and possible discomforts to the subject, if any, is included.
• A description of any benefits to the subjects is included. If no benefits are expected, this is stated.
• A statement describing the extent to which confidentiality will be maintained is included in addition to a clause which states that all information obtained is strictly confidential unless disclosure is required by law.
• If subjects will be compensated for their participation, a statement has been included addressing this.
• A statement that participation is voluntary, that refusal to participate involves no penalty, and that the subject may discontinue participation and have any data collected (connected directly to that participant as subject) destroyed at any time is included.
• A statement indicating whom the subject can contact for any questions about the study is included.
• The Informed Consent contains no language through which the subject is made to waive any of one's legal rights or which releases the investigator, the sponsor, or the institution from liability for negligence.
• The entire paragraph under the Section-Voluntary Consent on the Informed Consent form appears in boldface and the first sentence reads: “I have read this consent form (or it has been read to me), and I fully understand the contents of this document and voluntarily consent to participate.”
• A space for the subject’s signature, the date, and the signature of a witness is provided.
• An assent form completed and signed by a responsible party is included for subjects below 18 years of age.

Student Publication

Berea College acts as a publisher to The Pinnacle student newspaper—funded by student fees and advertising revenue, and supported by the College through provision of office space, limited equipment, and other resources.

Editors and certain other staff positions are paid positions in the College’s Student Labor Program. Editors ordinarily serve for one year, though contracts may be renewed for a subsequent year. Student editors have responsibility for upholding publications policy established by the Student Life Council and for determining content of the publications. In carrying out their responsibilities, students should request advice and guidance from the Faculty Advisor, Staff Administrator, or the Student Life Council.

A Staff Administrator serves as the publication's labor supervisor and monitors publication's budgets.

A Faculty Advisor shall be approved by the Student Life Council for the publication. Faculty advisors serve for at least two, but not more than three, consecutive years.

The Student Life Council serves as the publication board to insure that each publication operates in the best interests of the College. The Council approves hiring and, if necessary, dismissing student editors. For The Pinnacle Online a Pinnacle Online Web Advisory Committee also represents the Student Life Council and reports to it upon request. The Committee is comprised of the student editor, the faculty and staff advisors, the College’s IMC Web Communications Manager, and an IS&S representative.

Revised and approved by the Student Life Council.

Sexual Misconduct Policy

Section 1: Introduction

Berea College (the “College”) prohibits Sexual Misconduct as described in this policy. The College is committed to raising awareness of issues relating to Sexual Misconduct and its prevention, providing training and continuing education for students, staff and faculty, and providing adequate resources for prompt assistance to victims of Sexual Misconduct.

Specifically, it is the policy of the College that designated faculty and staff members take immediate and appropriate steps to investigate and act when the College knows or reasonably should know of possible Sexual Misconduct. When Sexual Misconduct is determined to have occurred, the College shall take prompt and effective steps reasonably calculated to end the misconduct, prevent its recurrence, and, as appropriate, remedy its effects. All complaints shall be processed in accordance with the procedures established in this policy.

It is also the policy of the College to prohibit retaliation against any student, faculty, or staff member filing a complaint alleging Sexual Misconduct or participating as a witness, and to ensure that person's safety as necessary, including taking interim steps to protect the person prior to the final outcome of any investigation.

The College is committed to resolving complaints promptly and equitably and to providing a safe and nondiscriminatory environment for all students, faculty, or staff members, free from Sexual Misconduct. This also includes complaints involving parties of the same sex.

Section 2: Scope of Policy

All of College’s students, faculty, staff, and campus visitors are covered by this policy. This policy applies on all College property, on all property at which the College holds educational programs or activities, and on all means of transport utilized by or on behalf of the College for students, faculty, and staff. This policy applies to all of the College’s educational programs and other activities, including BIST study abroad programs.  For purposes of this policy, all references to the campus shall include the College forest, farms, and other real property owned by Berea College. This policy may be applicable to the effects of off-campus misconduct that effectively deprives someone of access to Berea College's educational program or has continuing effects on campus.

The College has a separate policy and procedures pertaining to Sexual Harassment as defined under Title IX. This Policy does not apply to any matter arising within the scope of the College's Title IX Policy.

Section 3: Assistance Following an Incident of Sexual Misconduct

The College offers assistance and non-judgmental support to any party involved in a claim of Sexual Misconduct. Both complainants and respondents can expect to be treated with care and respect from the time the College becomes aware of an incident, through the entire process and afterwards. All parties are encouraged to utilize both on-campus and off-campus resources for assistance.

The College shall take prompt steps, as necessary, to protect a Complainant once the College has notice of a claim of Sexual Misconduct. The College shall take supportive measures, including academic, residential, labor, and workplace accommodations, to protect the Complainant and witnesses as necessary while any criminal or campus investigation is underway and before the outcome of any investigation. In the event of an alleged off-campus Sexual Misconduct incident affecting one or more members of the College community, the College shall endeavor to protect the Complainant and the College community in the same manner as if the Sexual Misconduct had occurred on campus.

a. Immediate Assistance - In the event of Sexual Misconduct, various resources are available to students and other victims:

1. Trained on- and off-campus counselors who can provide an immediate confidential response in a crisis and persons who can accompany a victim to the hospital or other health care provider:

   College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor. 

   College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.

   Ampersand Sexual Violence Resource Center: 1-800-656-4673

   Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

2. Emergency phone numbers for on and off-campus safety, law enforcement and other first responders, including the Title VII/IX Coordinator:

   Campus Safety/Police: 859-985-3333 (on-campus ext. 3333)

   Local (Berea) Police: 859-986-8456

   Ambulance: 911

   Title VII/IX Coordinator: 859-228-2323 (on-campus ext. 2323)

3. Health care services are available as follows: 

   Off-Campus: (White House Clinic): 859-985-1415 *After hours/holidays, call St. Joseph Hospital Berea (859-986-3151) and ask for the Physician on-call for Berea College health services.

   Off-Campus: (St. Joseph's Hospital -Berea) 859-986-3151

4. A Sexual Assault Nurse Examiner (SANE) can be found or a rape kit can be obtained at:

   Off-Campus: (St. Joseph’s Hospital – Berea): Can be requested in the Emergency Room, 859-986-3151 (Hospital Main number) or 859-986-6527/6528 (Emergency Room).

   Off- Campus: (Baptist Health – Richmond): Can be requested in the Emergency Room, 859-623-3131 (Hospital Main number) or 859-625-3290 (Emergency Services).

Any victim of Sexual Misconduct should be aware of the options to seek treatment for injuries, preventative treatment for sexually transmitted diseases, and other services. Victims are encouraged to discuss with health care providers, campus officials, and/or first responders the option of seeking medical treatment to preserve evidence.

b.   The preservation of evidence in incidents of certain sexual misconduct is critical to potential criminal prosecution and to obtaining restraining orders, and particularly time sensitive. Berea College informs the Complainants of the importance of preserving evidence by taking the following actions:

1. Seek forensic medical assistance at the Berea Hospital or other local medical facility, ideally within 120 hours of the incident (sooner is better)
2. Avoid showering, bathing, washing hands or face, or douching, if possible, (but evidence may still be collected even if you do).
3. Try not to urinate.
4. If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
5. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence).
6. Seeking medical treatment can be essential even if it is not for the purposes of collecting forensic evidence.

During the initial meeting between the Complainant and the Title VII/IX Coordinator, the importance of taking these actions will be reiterated, if timely.

The College will provide counseling services without charge to a Complainant if the College determines that counseling is necessary as a part of its obligation to protect the Complainant while the investigation is ongoing. First responders shall consult with Complainants regarding what information needs to be withheld to protect each person’s identity. The College shall notify the Complainant of options to avoid contact with the Respondent and allow Complainant to change academic and extracurricular activities or Complainant’s living, transportation, labor, or workplace situation as feasible. The College shall ensure that the Complainant is aware of (a) the Complainant’s Title VII or Title IX rights, (b) any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and referrals to legal assistance, and (c) the right to report a crime to campus or local law enforcement. The College shall not dissuade a Complainant from filing a criminal complaint at any time before, during or after the College’s internal investigation.

c.   Ongoing Assistance

1. Counseling, Advocacy and Support (On and Off Campus)
   1. Counseling and support services for victims of Sexual Misconduct determined to be reasonably necessary by the College, whether a victim chooses to make an official report or participate in the College’s disciplinary process or criminal process, include:

      College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor. 

      College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.  

      Ampersand Sexual Violence Resource Center: 1-800-656-4673

      Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

   2. Confidential counseling, advocacy, health, mental health, or sexual-misconduct-related sources, can be found both on and off campus as follows:

      College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

      College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.

      Ampersand Sexual Violence Resource Center: 1-800-656-4673

      Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

   3. Ongoing support during the College’s disciplinary process or the criminal process (for complainants or respondents) can be found as follows:

      College Counseling Services: 859-985-3212 (on-campus, ext. 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

      College Chaplains (in the Campus Christian Center): 859-985-3134 (on-campus, ext. 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.

      Ampersand Sexual Violence Resource Center: 1-800-656-4673

      Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

2. Academic Accommodation and Other Supportive Measures
   1. The College can provide immediate steps and interim measures to ensure the safety and well-being of both parties, such as no contact orders, the ability (for students) to change residence halls, labor schedules, alter academic schedules, withdraw from/retake a class without penalty, access academic support (e.g., tutoring) and (for faculty or staff) change workplace schedules/arrangements.
   2. The College may be able to provide additional supportive measures for any party, such as no contact orders and (for students) changing the respondent's living arrangements, course schedule, or labor assignment or (for faculty or staff) changing workplace schedules/arrangements.

Section 4: Title VII/IX Coordinator

The President shall designate at least one employee to coordinate the College’s efforts to comply with and carry out responsibilities under this policy. The current Title VII/IX Coordinator is Joslyn Glover. The coordinator shall have knowledge of Title IX requirements, of the College's policies and procedures on sexual harassment and of all complaints of Title IX issues throughout the College. The College shall appropriately train the coordinator in all areas over which the coordinator has responsibility. The coordinator shall be informed of all reports and complaints regarding conduct prohibited by this policy, even if the report of complaint was initially filed with another individual or office. The Title VII/IX Coordinator shall have the same knowledge, training and responsibilities as concerns the College’s obligations under Title VII.

Section 5: Definitions

As used in this policy, the following phrases and words shall have the meanings set forth below:

Coercion - Unreasonable pressure for sexual activity, which can include use of express or implied threats of violence or other act of retaliation or other intimidating behavior that puts a person in immediate fear, to compel that person into sexual activity.

Complainant(s) – The person claiming to be a victim of Sexual Misconduct and, as appropriate, persons reporting Sexual Misconduct. 

Consent - A knowing, voluntary, and clear permission by word or action to engage in sexual activity. 

Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset by both parties is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given at any time, as long as the withdrawal is reasonably and clearly communicated by word or action. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, it remains for the College to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Consent is relationships must also be considered in context. When parties consent to bondage, discipline/dominance, submission/sadism, masochism (BDSM) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force violence, or even saying "no" may be part of the kink and thus consensual, so the College's evaluation of communication is kink situations should be guided by reasonableness, rather than strict adherence to policy that assumes non-kink relationships as a default.

Counseling Employees - Pastoral and professional counselors employed by the College in these roles who are licensed by the Commonwealth of Kentucky and other non-licensed employees working under the direct supervision and control of licensed professional counselors.

Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. This definition does not include acts covered under the definition of Domestic Violence.

Domestic Violence - A felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim, (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under any applicable domestic or family violence laws, or (e) any other person against an adult or youth victim who is protected from that person’s acts under any applicable domestic or family violence laws.

Educational Setting - All of the College’s academic programs and other activities of whatever nature on the College’s campus, the College’s farms, forest, other property owned by the College and at every other location where the College conducts authorized programs or activities.

Force - The use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent.

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Incapacitation - A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. A Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. "Should have known" is an objective, reasonable person standard.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the "who, what, when, where, why, or how" of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual's state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restrain, and/or the consumption of incapacitating drugs.

Intimidation - The intentional act of coercing, threatening, or frightening someone to engage or not engage in conduct of a sexual nature against that person’s will.

Hostile Environment - “Hostile Environment” means activity or conduct that is severe or pervasive and objectively offensive that it interferes with, limits, or effectively denies a person's ability to participate in or benefit from the College’s program or in their place of employment.

Non-Consensual Sexual Contact - Any physical touching of a sexual nature that is not preceded by consent or that continues after a previous consent is withdrawn.

Non-Consensual Sexual Intercourse - Any sexual intercourse that is not preceded by consent or which continues after a previous consent is withdrawn. “Sexual intercourse” includes vaginal or anal penetration by a penis, object, tongue, or finger and oral copulation.

Required Reporters - All employees of Berea College (including all administrators, faculty, and staff, other than student labor).

Respondent - An individual who has been reported to be the perpetrator of conduct that could constitute a violation of this policy.

Retaliation - Any materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated in or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure. 

Sexual Exploitation - Taking non-consensual or abusive sexual advantage of another for one's own benefit or for the benefit of anyone other than the person being exploited, and conduct which does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation include, but are not limited to:

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed).
• Invasion of sexual privacy.
• Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person's consent), including the making or posting of revenge pornography.
• Prostituting another person.
• Engaging in sexual activity with another person while knowingly infected with a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection.
• Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person's ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity.
• Misappropriation of another person's identity on apps, websites, or other venues designed for dating or sexual connections.
• Forcing a person to take an action against that person's will by threatening to show, post, or share information, video, audio, or an image that depicts the person's nudity or sexual activity.
• Knowingly soliciting a minor for sexual activity.
• Engaging in sex trafficking.
• Creation, possession, or dissemination of child pornography.

Sexual Harassment - Unwelcome conduct of a sexual nature. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly as a requirement of employment or participation in a College program or activity, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment, grading or other College decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working, academic, or campus environment.

The College recognizes two types of sexual harassment: quid pro quo (something for something) and hostile environment misconduct. Quid pro quo harassment occurs where sexual activity is sought in exchange for an actual, tangible job or academic benefit. In this policy, quid pro quo harassment differs from the Title IX Sexual Harassment Policy, because the respondent may be an employee or a student. Hostile environment misconduct takes place where the conduct is so frequent or severe it creates an environment in which an individual’s professional or academic performance is impaired or such person’s ability to function within the College community is hindered. 

Sexual Misconduct - Any act of Sexual Harassment, Non-consensual Sexual Contact, Non-consensual Sexual Intercourse, Sexual Exploitation, Stalking, Dating Violence, Domestic Violence, or any act that creates a Hostile Environment or any act of retaliation against a Complainant or anyone involved in a grievance procedure under this policy.

Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others, or (b) suffer substantial emotional distress. As used in this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a person under similar circumstances and with similar identities to the victim.

Title IX Coordinator - The person designated as such by the President of the College or a person temporarily designated by the Title VII/IX Coordinator to serve in that capacity during the Title VII/IX Coordinator’s incapacity or absence from the College’s campus.

Section 6: Reporting Policies and Protocols

The College encourages victims of Sexual Misconduct to talk to somebody about what happened so victims can get the support they need and so that the College can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality:

• Some employees (Counseling Employees) are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”
• All other employees (Required Reporters) are required to report all of the details of an incident (including the identities of both the complainant and respondent) to the Title VII/IX Coordinator.  A report to these employees (called “Required Reporters”) constitutes a report to the College.

This policy is intended to make all persons, including students and their parents, if appropriate, aware of the various means of reporting and confidential policies available to them - so they can make informed choices about where to turn should they or their students become a victim of Sexual Misconduct and so they will know how to report any problems which may subsequently arise.

a.    Reporting Required - All College faculty and staff must be aware of their own reporting responsibilities and the importance of informing Complainants of (1) the reporting requirements of Required Reporters, (2) the option to request confidentiality and available confidential advocacy, counseling, or other support service, and (3) the right to file a complaint with the College and to report a crime to campus or local law enforcement.  All Required Reporters shall promptly report incidents of Sexual Misconduct to the Title VII/IX Coordinator, subject to the exemption for the College’s Counseling Employees.

b.    Required Reporters - Required Reporters shall report to the Title VII/IX Coordinator all relevant details about the alleged Sexual Misconduct that the student or other person has shared and from which the College will need to determine what occurred and attempt to resolve the situation. Before a person reveals information that the person wishes to keep confidential, a Required Reporters should make effort to ensure that the victim understands: (1) the Required Reporter’s obligation to report the names of the alleged perpetrator and victim involved in the alleged Sexual Misconduct, as well as relevant facts regarding the alleged incident to the Title VII/IX Coordinator or other appropriate College officials, (2) the victim’s option to request that the College maintain the victim’s confidentiality which the College will consider, and (3) the victim’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services. All Required Reporters shall report the names of the alleged perpetrator (if known), the person(s) who experienced the alleged Sexual Misconduct, others involved in the alleged Sexual Misconduct, as well as relevant facts, including the date, time and location to the Title VII/IX Coordinator. Required Reporters do not need to determine whether the alleged Sexual Misconduct actually occurred or if a Hostile Environment has been created before reporting an incident to the Title VII/IX Coordinator.

c.    Requests for Confidentiality - Upon receipt of a complaint of Sexual Misconduct by the Title VII/IX Coordinator, the College must act immediately to protect the Complainant while keeping the identity of the Complainant as confidential as reasonably possible.  The Title VII/IX Coordinator and other appropriate College personnel shall determine, consistent with state and local law, whether appropriate law enforcement or other authorities should be notified. The Coordinator shall evaluate requests for confidentiality and determine when such requests shall be honored.  The coordinator shall make reasonable efforts to respect requests for confidentiality.  In the event the College determines that it can respect the Complainant’s request for confidentiality, the College shall take all reasonable steps to respond to the complaint consistent with the request and to determine what interim measures are appropriate, necessary, or possible.  In the event the College determines it must disclose the Complainant’s identity to a Respondent, the College shall inform the Complainant prior to making the disclosure.

d.  Reporting Options - Complainants may use any combination of the following options to report Sexual Misconduct:

1.    Criminal Complaint - Criminal complaints are filed with local law enforcement officials and the College is not involved in that process.  Criminal complaints can be filed with the following agencies:

Berea City Police: 859-986-8456

Kentucky State Police: 859-623-2404

2.    Institutional Complaint - Institutional complaints are filed with the College, and upon receipt of the complaint, the College will initiate an investigation by the College in accordance with this policy.  If you wish to file an institutional complaint, you may file a complaint with the Title VII/IX Coordinator.  The names and contact information for the College’s Title VII/IX Coordinator and assisting Title IX Officers are available at https://www.berea.edu/title-ix.

3.      Report to Required Reporters - Reports made to Required Reporters, are required to be relayed to the College's Title VII/IX Coordinator and will initiate a prompt and appropriate response by the College in accordance with this policy.  Required Reporters are identified in Section 5.  Required Reporters can be found across campus.  The Title VII/IX Coordinator is a Required Reporter, as are members of the Title IX team. You can report Sexual Misconduct to any Required Reporter.

4.  Privileged and Confidential Reporting - Either as an alternative to the reporting options listed above or in lieu of reporting Sexual Misconduct to the individuals or offices listed above, persons may make privileged and confidential reports of Sexual Misconduct to certain health or mental health providers or to certain pastoral counselors.   Reports to these persons are privileged and will remain confidential so long as the respondent does not represent an immediate threat to the campus community. Privileged and confidential reports may be made to:

    Off-Campus Health Provider and Contact Information:

White House Clinic: 859-985-1415 *After hours/holidays, call St. Joseph Hospital (859-986-3151) and ask for the Physician on-call for Berea College health services.

    On-Campus Mental Health Care Provider and Contact Information:

Counseling Services: 859-985-3212 (on-campus, extension 3212) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to the on-call counselor.

    Off-Campus Mental Health Care Provider and Contact Information:

Ampersand Sexual Violence Resource Center: 1-800-656-4673

Bluegrass Regional Comprehensive Care, Richmond: 859-623-9367

    On-Campus Pastoral Counselor and Contact Information:

College Chaplains (in the Campus Christian Center) – 859-985-3134 (on-campus, extension 3134) *After hours/holidays, call Public Safety (ext. 3333) and ask to speak to a chaplain.

Reports of Sexual Misconduct may be made by third parties (individuals who were not the alleged victim or perpetrator) or anonymously to the Title VII/IX Coordinator or any other Required Reporter.  To encourage reporting and participation in the process, the Title VII/IX Coordinator exercises discretion and does not report minor policy violations to other College offices - such as underage consumption of alcohol or the use of illicit drugs - related to the main incident being investigated. This does not apply to more serious allegations such as physical abuse of another or illicit drug distribution.

Section 7: Investigation and Grievance Procedures

The College has adopted and published institutional procedures for the investigation and resolution of discrimination and other complaints, including complaints of Sexual Misconduct under this policy.  These procedures are published online in the Student Handbook, Faculty Manual, and College Catalog. You can access the procedures here.

Section 8: Prevention and Education

This policy shall be accessible to persons with disabilities. This policy, reporting forms, information and training shall be accessible to students who are English language learners. This policy shall be distributed on campus in such a way that all persons, regardless of their immigration status, including undocumented students and international students, are aware of their rights under applicable law. 

1. Bystander Intervention - The College shall utilize bystander intervention as a tool to prevent Sexual Misconduct. In implementing the bystander-focused prevention methods, the College shall implement the common components of bystander intervention and delivery methods.
2. Campus Assessments - The College shall conduct climate surveys. In addition, the College shall aggregate data about Sexual Misconduct incidents on campus to identify patterns or systemic problems related to Sexual Misconduct.

Section 9: Training

Student Training - The College shall provide training for students and/or student employees, which shall include: (a) encouragement to report incidents of Sexual Misconduct, (b) information on how to report Sexual Misconduct to campus safety or local law enforcement and the ability to pursue law enforcement proceedings simultaneously with a Title IX grievance, (c) general information on Sexual Misconduct Policy, (d) what constitutes Sexual Misconduct under the College’s policies, (e) the College’s definition of consent as applicable to sexual conduct, including examples, (f) information on when unwelcome sexual conduct creates a Hostile Environment, (g) places where students can seek confidential support services, (h) reporting and confidential disclosure options, (i) grievance procedures used to process complaints of Sexual Misconduct, (j) disciplinary code provisions relating to Sexual Misconduct as well as the consequences of violating those provisions, (k) effects of trauma on victims (l) the role alcohol and drugs often play in Sexual Misconduct incidents, including the deliberate use of alcohol and/or other drugs to perpetuate Sexual Misconduct, (m) strategies and skills for bystanders to intervene to prevent possible Sexual Misconduct, (n) protections against retaliation, (o) persons on campus to whom students can confidentially report incidents of Sexual Misconduct, (p) an explanation that students do not need to determine whether incidents of Sexual Misconduct created a Hostile Environment or actually occurred before reporting the incident, and (q) other information relevant to reducing or eliminating incidents of Sexual Misconduct and mitigating its effects.

Resident Advisers Training - The College shall provide the following training for Resident Advisers: (a) information on how and where students can seek confidential support services, (b) contact information for local rape crisis centers or other off-campus resources so that RAs can provide this information to students, and (c) reporting and other responsibilities for RAs.

Faculty and Staff Training - The College shall provide training, on an annual basis, for all faculty and staff about Sexual Misconduct and the prohibition of Sexual Misconduct, under this policy. Training shall include practical information about (a) how to prevent and identify Sexual Misconduct, including same-sex Sexual Misconduct; (b) behaviors that may lead to and result in Sexual Misconduct; (c) the attitudes of bystanders that may allow conduct to continue; (d) the potential for revictimization by responders and its effect on students or other victims; (e) appropriate methods for responding to a student or other victim who may have experienced Sexual Misconduct, including the use of nonjudgmental language; (f) the person(s) to whom such misconduct must be reported.

Special Training for Required Reporters - Required reporters are those employees defined in Section 5. Required reporters shall be trained so that they will know how to respond properly to Sexual Misconduct reports.

Special Training for Title VII/IX Coordinator and Others Involved in Grievance Procedure - The College shall require training for the Title VII/IX Coordinator, others who receive complaints, investigators, and grievance adjudicators

Special Training for Pastoral and Professional Counselors - The College advises pastoral and professional counselors to inform students:

• Of their right to file a complaint with the College and a separate complaint with campus or local law enforcement.
• They are available to assist the student in filing such complaints.
• Title IX includes protections against retaliation.
• The College officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs.

Pastoral and professional counselors shall be trained to ensure that they understand the extent to which they may keep a report confidential and to avoid disclosing personally identifiable information.

Approved by Administrative Committee: March 31, 2015; April 7, 2015, September 29, 2020

Approved by General Faculty Assembly: April 7, 2015, November 18, 2020

Adopted by the Board of Trustees: April 18, 2015, January 23, 2021

Effective Date: August 1, 2015

Title IX Sexual Harassment Policy

Berea College is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, free from sexual harassment and retaliation. Consistent with its mission and the Great Commitments, Berea values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.

1. Applicable Scope

The purpose of this policy is prohibition of sexual harassment and retaliation as mandated by the U. S. Department of Education under regulations set forth in 34 CRF § 106. When an alleged violation of this policy is reported, the allegations are subject to resolution using Berea College policies, as determined by the Title IX Coordinator, and as detailed below. Other inappropriate behaviors outside the scope of this policy may be addressed under different policies and procedures adopted by the College.

When a Respondent is a member of the Berea College community, a grievance process is available regardless of the status of a Complainant, who may or may not be a member of the Berea College community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, invitees, and vendors.

The following policy and procedures have been developed and adapted for use by the College in collaboration with the Association of Title IX Administrators (ATIXA), which requires the following notice: “ATIXA 2020 Interim Model Sexual Harassment Policies and Procedures. Use and adaptation of this model with citation to ATIXA is permitted through a limited license to Berea College. All other rights reserved. ©2020. ATIXA.”

2. Glossary of Defined Terms

• Advisor means a person chosen by a party or appointed by the College to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
• Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment; or retaliation for engaging in a Protected Activity.
• Complaint (formal) means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment or retaliation for engaging in a Protected Activity against a Respondent and requesting that the College investigate the allegation.
• Confidential Resource means an employee who is not a Required Reporter of notice of harassment, and/or retaliation (irrespective of Clery Act Campus Security Authority status).
• Day means a business day when the College is in normal operation, excluding weekends and holidays. This includes business days when classes are not in session.
• Directly Related Evidence is evidence obtained as part of an investigation connected to the complaint that is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation). Such evidence is not relied upon by the investigation report, but is retained for the record in accordance with Title IX regulations.
• Education program or activity means locations, events, or circumstances where the College exercises substantial control over both Respondent and the context in which the sexual harassment occurs and includes any building owned or controlled by a student organization recognized by the College.
• Final Determination means a conclusion by the preponderance of the evidence that the alleged conduct did or did not violate policy.
• Finding means a conclusion by the preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).
• Formal Grievance Process is the method of formal resolution designated by the College to address conduct that falls within the policies included below, and which complies with the requirements of the U. S. Department of Education’s Title IX Regulations (34 CFR §106.45).
• Grievance Process Pool includes any investigators, hearing officers, and appeal officers who may perform any or all of these roles (though not at the same time or with respect to the same case).
• Hearing Decision-Maker or Panel refers to those who have decision-making and sanctioning authority within Berea College’s Formal Grievance process.
• Investigator means the person or persons charged by Berea College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
• Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
• Official with Authority (OWA) means an employee of the College expressly vested with responsibility to implement corrective measures for harassment, and/or retaliation on behalf of the College.
• Parties include the Complainant(s) and Respondent(s), collectively.
• Protected Activity means any right or privilege secured by law or this policy, or the making of a report or complaint, participating or refusing to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.
• Relevant Evidence is evidence that tends to prove or disprove an issue in the Complaint.
• Remedies are post-finding actions directed to the parties and/or the community as mechanisms to address safety, prevent recurrence, and restore equal access to the College’s educational program.
• Required Reporter means an employee of the College who is obligated by policy to share knowledge, notice, and/or reports of harassment and/or retaliation with the Title IX Coordinator. (This is not to be confused with reporting mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials.)
• Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment; or retaliation for engaging in a Protected Activity.
• Resolution means the result of an informal or Formal Grievance Process.
• Sanction means a consequence imposed by the College on a Respondent who is found to have violated this policy.
• Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence.
• Title IX Coordinator is the official designated by Berea College to ensure compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.

3. Title IX Coordinator

Berea College’s Title VII/Title IX Coordinator serves as the Title IX and ADA Coordinator as well as overseeing certain aspects of the College’s compliance obligations and other related policies.

4. Independence and Avoidance of Conflicts of Interest

The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and the following procedures. Members of the Title IX Team are selected and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.

To raise any concern involving bias, conflict of interest or misconduct by the Title IX Coordinator, contact the President of Berea College, 210 Lincoln Hall, Phone: 859-985-3520, Fax: 859-985-3915,. Concerns of bias or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator.

5. Administrative Contact Information

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and the following procedures, may be made internally to:

Joslyn Olinger Glover
Title VII/IX Coordinator
Title IX Office
Location/Address: Lincoln Hall 006, CPO 2075
(859) 228-2323
Email: titleix@berea.edu
Web: https://www.berea.edu/title-ix/

The following are Officials with Authority at Berea College: Vice President for Diversity, Equity and Inclusion, Title VII/IX Coordinator and Associate VP for Human Resources.

For a current listing of Title IX Team members, please refer to https://www.berea.edu/title-ix/.

Inquiries may be made externally to:

Assistant Secretary
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100

Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

6. Notice/Complaints of Harassment, and/or Retaliation

Notice or complaints of sexual harassment and/or retaliation may be made using any of the following options:

1) File a complaint with, or give verbal notice to, the Title IX Coordinator, Lincoln Hall 006, CPO 2075, (859) 228-2323, titleix@berea.edu, https://www.berea.edu/title-ix/. Such a report may be made at any time by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator or any other official listed.

2) Report online, using the College’s Title IX Office reporting form, available at: https://cm.maxient.com/reportingform.php?BereaCollege&layout_id=31. Anonymous reports are accepted and can give rise to a need to investigate. The College provides supportive measures to all Complainants, which is impossible with an anonymous report. Because reporting carries no obligation to initiate a formal response, and as the College respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows the College to consider supportive measures.

7. Supportive Measures

The Title IX Coordinator makes supportive measures available to the parties promptly upon receiving notice or a complaint. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to Berea College’s education program or activities, including measures designed to protect the safety of all parties or the College’s educational environment, and/or deter harassment, and/or retaliation.

Berea College will inform the Complainant, in writing, that they may file a formal Complaint either at that time or in the future, if they have not done so already.

The College will maintain the privacy of the supportive measures, provided that privacy does not impair the College’s ability to provide the supportive measures. The College will minimize academic/occupational impacts and will implement measures in a way that does not unreasonably burden either party.

These actions may include, but are not limited to:

• Referral to counseling or Employee Assistance Program
• Academic extensions of deadlines, or other course-related adjustments
• Implementing modifications of work, labor, or class schedules
• Providing campus safety escorts
• Implementing mutual contact restrictions (no contact orders) between the parties
• Altering labor, work or housing assignment(s)
• Leaves of absence
• Increased security and monitoring of certain areas of campus
• Any other actions deemed appropriate by the Title IX Coordinator

8. Emergency Removal

The Title IX Coordinator may, in consultation with the Vice President for Student Life, remove a student Respondent entirely or partially from the College’s education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal.

9. Promptness

All allegations are acted upon promptly by the College once it has received Notice or a formal Complaint. The complaint process can take 60-120 business days to resolve, typically over a span of 3-6 months. There may be exceptions and extenuating circumstances, however, that can cause a resolution to take longer, but the College will avoid all undue delays within its control.

Any time the general timeframes for resolution outlined in this policy will be delayed, the College will provide written notice to the parties of the delay, its cause, and an estimate of the anticipated additional time that will be needed as a result of the delay.

10. Privacy

Every effort is made by Berea College to preserve the privacy of reports. The College will not knowingly share the identity of: (i) any individual who has made a report or complaint of harassment, discrimination, or retaliation; (ii) any Complainant, (iii) any individual who has been reported to be the perpetrator of sex discrimination, (iv) any Respondent, or (v) any witness. The College will also make every effort to preserve the privacy of all records, proceedings and actions in connection and consistent with this policy and related procedures. The College’s privacy obligations are subject to exceptions as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as otherwise required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures. Berea College reserves the right to determine which College officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

11. Application of Policy; Jurisdiction

This policy applies to the education program and activities of Berea College, to conduct that takes place on the campus or on property owned or controlled by the College, at College-sponsored events, or in off-campus locations owned or controlled by recognized student organizations, all in the United States.

The Respondent must be a member of Berea College’s community in order for its policies to apply. If the Respondent is unknown or is not a member of the College community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.

Even when the Respondent is not a member of the Berea College’s community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator. In addition, Berea College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from College property and/or events.

All vendors serving Berea College through third-party contracts are subject to the policies and procedures of their employers, or to these policies and procedures to which their employer has agreed to be bound by their contracts.

12. Time Limits on Reporting

There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

When notice/complaint is affected by significant time delay, the College will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of notice/complaint.

13. Online Sexual Harassment

This policy shall be interpreted broadly to include online and cyber manifestations of any of the behaviors prohibited by these policies, when those behaviors occur in or have an effect on the College’s education program and activities, including use of the College’s networks, technology, or equipment.

14. Sexual Harassment Prohibited; Definitions

Under provisions of Title IX, Sexual Harassment is prohibited at Berea College. Acts constituting Sexual Harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved. The College has adopted Title IX’s definition of Sexual Harassment in order to address the unique environment of an academic community.

Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as conduct on the basis of sex/gender or that is sexual that satisfies one or more of the following:

1) Quid Pro Quo:

a. an employee of the College,
b. explicitly or implicitly conditions the provision of an aid, benefit, or service of Berea College,
c. on an individual’s participation in unwelcome sexual conduct.

2) Sexual Harassment:

a. unwelcome conduct,
b. determined by a reasonable person,
c. to be so severe, and
d. pervasive, and,
e. objectively offensive,
f. that it effectively denies a person equal access to Berea College’s education program or activity.

Note: Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

3) Sexual assault, defined as:

a) Sex Offenses, Forcible:

○ Any sexual act directed against another person or having another person touch you sexually, forcibly, or without consent,
○ without the consent of the Complainant,
o including instances in which the Complainant is incapable of giving consent.

b) Sex Offenses, Non-forcible:

o Incest:

1) Non-forcible sexual intercourse,
2) between persons who are related to each other,
3) within the degrees wherein marriage is prohibited by Kentucky law.

o Statutory Rape:

1) Non-forcible sexual intercourse,
2) with a person who is under the statutory age of consent of 16 years of age.

For the purposes of this policy a “sexual act” referred to in subsection 3 (a) above includes:

Forcible Rape:

○ Penetration,
○ no matter how slight,
○ of the vagina or anus with any body part or object, or
○ oral penetration by a sex organ of another person,
○ without the consent of the Complainant.

Forcible Sodomy:

○ Oral or anal sexual intercourse with another person,
○ forcibly,
○ and/or against that person’s will (non-consensually), or
○ not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Sexual Assault with an Object:

○ The use of an object or instrument to penetrate,
○ however slightly,
○ the genital or anal opening of the body of another person,
○ forcibly,
○ and/or against that person’s will (non-consensually),
○ or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Forcible Fondling:

○ The touching of private body parts of another person (buttocks, groin, breasts),
○ for the purpose of sexual gratification,
○ forcibly,
○ and/or against that person’s will (non-consensually),
○ or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

4) Dating Violence, defined as:

a. violence,
b. on the basis of sex,
c. committed by a person,
d. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

i. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
ii. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
iii. Dating violence does not include acts covered under the definition of domestic violence.

5) Domestic Violence, defined as:

a. violence,
b. on the basis of sex,
c. committed by a current or former spouse or intimate partner of the Complainant,
d. by a person with whom the Complainant shares a child in common, or
e. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
f. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Kentucky, or
g. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Kentucky.
In order to categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

6) Stalking, defined as:

a. engaging in a course of conduct,
b. on the basis of sex,
c. directed at a specific person, that

i. would cause a reasonable person to fear for the person’s safety, or
ii. the safety of others; or
iii. suffer substantial emotional distress.

For the purposes of this definition—

(i) Course of conduct means two or more acts, including, but not limited to, acts in which Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
(ii) Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
(iii) Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

As used in the offenses above, the following definitions and understandings apply:

Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent.

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Coercion: Coercion is unreasonable pressure for sexual activity, which can include use of express or implied threats of violence or other act of retaliation or other intimidating behavior that puts a person in immediate fear to compel that person into sexual activity.

Consent is:

● knowing, and
● voluntary, and
● clear permission
● by word or action
● to engage in sexual activity.

Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset by both parties is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given at any time, as long as the withdrawal is reasonably and clearly communicated by word or action. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on the College to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Consent in relationships must also be considered in context. When parties consent to bondage, discipline/dominance, submission/sadism, masochism (BDSM) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual, so an evaluation of communication in kink situations should be guided by reasonableness, rather than strict adherence to policy that assumes non-kink relationships as a default.

Incapacitation: A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.

15. Retaliation

The College and members of the College community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any Protected Activity, including any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The College will take appropriate action to protect individuals who have been retaliated against or who have a reasonable basis to believe that they may be subjected to retaliation.

16. Required Reporting

While all members of the College community are encouraged to report actual or suspected sexual harassment or retaliation, the following are required to report: all employees of Berea College (including all administrators, faculty and staff, other than student labor).

Persons considering confiding in others on campus should be aware of the confidentiality and reporting requirements of others. On campus, some confidantes may maintain confidentiality and are not required to report actual or suspected sexual harassment. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared.

If a Complainant expects formal action in response to their allegations, reporting to any Required Reporter will connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.

The following sections describe the reporting options at Berea College for a Complainant or third-party (including parents/guardians when appropriate):

a. Confidential Resources

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:

● On-campus counselors at Counseling Services (students only)
● Employee Assistance Program
● On-campus College Chaplains at the Campus Christian Center
● Off-campus (non-employees):

o Licensed professional counselors and other medical providers
o Local rape crisis counselors
o Domestic violence resources
o Local or state assistance agencies
o Clergy/Chaplains
o Attorney(s) for the Complainant

All of the above-listed individuals may be expected to maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor, or when required to disclose by law or court order.

Campus counselors and/or the Employee Assistance Program are available to help free of charge and may be consulted on an emergency basis during normal business hours.

Berea College employees (i.e., Counselors at Counsel Services and College Chaplains) who are confidential resources will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, patient, or parishioner.

b. Required Reporters and Formal Notice/Complaints

Required Reporters must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.

Required Reporters must also promptly share all details of acts, circumstances or behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.

Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from Berea College. Supportive measures may be offered as the result of such disclosures without formal College action.

A Required Reporter who fails to report an incident of sexual harassment or retaliation of which they become aware may be subject to disciplinary action.

Though this may seem obvious, when a Required Reporter is engaged in harassment or other violations of this policy, they still have a duty to report their own misconduct. The College, however, is not on notice when a harasser is also a Required Reporter unless the harasser does in fact report themselves. A Required Reporter who is themselves a target of harassment or other misconduct under this policy is not required to report their own experience, though they are, of course, encouraged to do so.

17. When a Complainant Does Not Wish to Proceed

If a Complainant does not wish for their name to be shared further, does not wish for an investigation to be undertaken, or does not want a formal complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the College’s duty to ensure the safety of the campus and to comply with state or federal law.

The Title IX Coordinator has discretion to determine whether the College proceeds with a case when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment.

The Title IX Coordinator must also consider the effect that a Complainant’s non-participation may have on availability of evidence and the College’s ability to pursue a Formal Grievance Process fairly and effectively.

The College’s ability to remedy and respond to notice may be limited if the Complainant does not wish to proceed with an investigation and/or grievance process. In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow that request to be honored, the College will offer informal resolution options (see below), supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action. If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date.

18. False Allegations and Evidence

False and/or malicious accusations under this policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination.

Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under various College policies.

19. Discretion on Reporting Collateral Misconduct

To encourage reporting and participation in the process, the College’s Title IX Office exercises its discretion and does not report minor policy violations to other College offices – such as underage consumption of alcohol or the use of illicit drugs – related to the incident. This does not apply to more serious allegations such as physical abuse of another or illicit drug distribution.

20. Revision of this Policy

This Policy, including the procedures that follow, supersede any previous policies and procedures of Berea College addressing sexual harassment and/or retaliation under Title IX. The College will periodically review and update this policy to assure compliance with Title IX. Any such changes shall be effective immediately upon being posted at www.berea.edu.

The Title IX Coordinator may make minor modifications to the procedures described in this policy during resolution processes, such as to accommodate summer and holiday schedules, provided that such changes do not materially affect the substantive rights of any party. The College may also vary procedures materially with notice (on the College’s website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Policy and the accompanying procedures.

If applicable laws or regulations change, or court decisions alter, the requirements of Title IX in a way that impacts this document, this document will be construed consistent with the most recent government regulations or judicial holdings.
This policy does not create legally enforceable protections or private rights of action beyond the protection of the background state and federal laws which frame such policies and codes, generally.

RESOLUTION PROCEDURES FOR ALLEGED VIOLATIONS OF THE TITLE IX SEXUAL HARASSMENT POLICY

Berea College will act on any formal or informal notice/complaint of violation of the policy on Sexual Harassment and Retaliation (“the Policy”) that is received by the Title IX Coordinator or any other Official with Authority by applying these procedures.

The following procedures apply only to qualifying allegations of sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) involving students, staff, administrators, or faculty members under the College’s Title IX Sexual Harassment Policy.

1. Notice/Complaint

Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of the Policy, Berea College initiates a prompt initial assessment to determine the next steps Berea College needs to take.

The Title IX Coordinator will initiate at least one of three responses:

1) Offering supportive measures because the Complainant does not want to submit a formal complaint; and/or
2) An informal resolution (upon submission of a formal complaint); and/or
3) A Formal Grievance Process including an investigation and a hearing (upon submission of a formal complaint).

The Formal Grievance Process is used to determine whether or not this policy has been violated. If so, the College will promptly implement effective remedies designed ensure that it is not deliberately indifferent to harassment or discrimination, their potential recurrence, or their effects.

2. Initial Assessment

Following receipt of notice or a complaint of an alleged violation of this Policy, the Title IX Coordinator engages in an initial assessment, typically in one to five business days. The steps in an initial assessment can include:

• If notice is given, the Title IX Coordinator seeks to determine if the person impacted wishes to make a formal complaint, and will assist them to do so, if desired.

o If they do not wish to do so, the Title IX Coordinator determines whether to initiate a complaint because a violence risk assessment indicates a compelling threat to health and/or safety.

• If a formal complaint is received, the Title IX Coordinator assesses its sufficiency and works with the Complainant to make sure it is correctly completed.
• The Title IX Coordinator reaches out to the Complainant to offer supportive measures. 

• The Title IX Coordinator works with the Complainant to ensure they are aware of the right to have an Advisor.
• The Title IX Coordinator works with the Complainant to determine whether the Complainant prefers a supportive and remedial response, an informal resolution option, or a formal investigation and grievance process.

o If a supportive and remedial response is preferred, the Title IX Coordinator works with the Complainant to identify their wishes, assesses the request, and implements accordingly. No Formal Grievance Process is initiated, though the Complainant can elect to initiate one later, if desired.
o If an informal resolution option is preferred, the Title IX Coordinator assesses whether the complaint is suitable for informal resolution and may seek to determine if the Respondent is also willing to engage in informal resolution.
o If a Formal Grievance Process is preferred, the Title IX Coordinator determines if the misconduct alleged falls within the scope of Title IX:

 If it does, the Title IX Coordinator will initiate the formal investigation and grievance process, directing the investigation to address:

• an incident, and/or
• a pattern of alleged misconduct, and/or
• a culture/climate issue, based on the nature of the complaint.

 If it does not, the Title IX Coordinator determines that Title IX does not apply (and will “dismiss” that aspect of the complaint, if any), assesses which policies may apply, which resolution process is applicable, and will refer the matter accordingly. Please note that dismissing a complaint under Title IX is solely a procedural requirement under Title IX and does not limit other authority of the College to address a complaint with an appropriate process and remedies.

3. Dismissal of Complaint or Allegations

(i) Mandatory Dismissal. Pursuant to the Title IX regulations, 34 CFR §106.45, the College must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

1) The conduct alleged in the formal complaint would not constitute sexual harassment as defined above, even if proved; and/or
2) The conduct did not occur in an educational program or activity controlled by the College (including buildings or property controlled by recognized student organizations), and/or the College does not have control of the Respondent; and/or
3) The conduct did not occur against a person in the United States; and/or
4) At the time of filing a formal complaint, a complainant is not participating in or attempting to participate in the education program or activity of the College.

(ii) Discretionary Dismissal. The College may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:

1) A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
2) The Respondent is no longer enrolled or employed by Berea College; or
3) Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon any dismissal, the College’s Title IX office will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. This dismissal decision is appealable by any party under the procedures for appeal provided below.

4. Counterclaims

Counterclaims are permitted. The College uses the Initial Assessment, described above, to assess whether the allegations in the counterclaim are made in good faith and in a timely manner. Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur. Counterclaims may be resolved through the same investigation as the underlying allegation, or, at the discretion of the Title IX Coordinator, in a separate proceeding.

The College is obligated to ensure that the grievance process is not abused for retaliatory purposes. Counterclaims not made in good faith will be considered retaliatory and may constitute a violation of this policy.

5. Right to an Advisor

The parties may each have an Advisor of their choice present with them for all meetings, interviews, and hearings the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available. For the purposes of this policy “available” means the party cannot insist on an Advisor who does not have the inclination, time, or availability to participate. Also, the Advisor cannot have conflicting roles, such as being a Title IX administrator who has an active role in the matter, or a supervisor who must monitor and implement sanctions. For students, their academic advisor may, but is not required to, serve an Advisor for purposes of this policy.

Upon request, parties may have a second Advisor for good cause shown. The decision to grant this request is at the sole discretion of the Title IX Coordinator and will be granted equitably to all parties.

a. Who Can Serve as an Advisor

The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with the party throughout the resolution process. The parties may choose Advisors from inside or outside of the Berea College community.

The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. If the parties choose an Advisor from the pool available from Berea College, the Advisor will be trained by the College and be familiar with these resolution processes. If the parties choose an Advisor from outside the pool of those identified by Berea College, the Advisor may not have been trained by the College and may not be familiar with these policies and procedures.

Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing.

b. Advisors in Hearings/Berea College-Appointed Advisor

Under Title IX regulations, cross-examination is required during the hearing, but must be conducted by the parties’ Advisors. The parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have an Advisor for a hearing, Berea College will appoint a trained Advisor for the limited purpose of conducting any cross-examination.

A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor. If the party’s Advisor will not conduct cross-examination, the College will appoint an Advisor who will do so thoroughly, regardless of the participation or non-participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses will also be conducted by the Decision-Maker(s) during the hearing.

c. Advisor’s Role in Meetings and Interviews

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

Berea College cannot guarantee equal advisory capabilities among Advisors chosen by the parties. If one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney.

d. Pre-Interview Meetings

Advisors may request to meet with the administrative officials conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and Berea College’s policies and procedures.

e. Advisor Violations of Berea College Policy

All Advisors are subject to the College’s policies and procedures. Advisors are expected to advise their advisees without disrupting proceedings. The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or other Decision-Maker(s) except during a hearing proceeding, during cross-examination.

The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and may disqualify the Advisor from further involvement in the case.

f. Sharing Information with the Advisor

The parties may wish to have the College share documentation and evidence related to the allegations with their Advisors. Parties may consent, in writing, to the sharing of this information directly with their Advisor or other individuals if they wish.

g. Privacy of Records Shared with Advisor

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by Berea College. The College may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by these privacy expectations.

h. Expectations of an Advisor

Berea College generally expects an Advisor to adjust their schedule to allow them to attend meetings relating to a case when planned, but the College may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

The College may also make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.

i. Expectations of the Parties with Respect to Advisors

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) business days before the date of their first meeting with Investigators (or as soon as possible if a more expeditious meeting is necessary or desired).

Parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured. Parties are expected to inform the Title IX Coordinator of the identity of their hearing Advisor at least two (2) business days before the hearing.

6. Resolution Processes

Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accordance with College policy. Although there is an expectation of privacy around what Investigators share with parties during interviews, the parties have discretion to share knowledge and evidence with others if they so choose, with the exception of information the parties agree not to disclose related to Informal Resolution, discussed below.

a. Informal Resolution

Informal Resolution may include three different approaches:

• When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to address the situation.
• When the parties agree to resolve the matter through an alternate resolution process, usually before a formal investigation takes place.
• When the Respondent accepts responsibility for violating policy, and desires to accept a sanction and end the resolution process (similar to above, but usually occurs post-investigation).

To initiate Informal Resolution, a Complainant needs to submit a formal complaint, as defined above. A Respondent who wishes to initiate Informal Resolution should contact the Title IX Coordinator. All parties must consent to the use of Informal Resolution.

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process.

Prior to implementing Informal Resolution, the College will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the Berea College.

The College, acting through the Title IX Coordinator, will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

The Title IX Coordinator maintains records of any Informal Resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Informal Resolution are not appealable.

b. Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria above.

If Informal Resolution is applicable, the Title IX Coordinator will determine whether all parties and the College are able to agree on responsibility, sanctions, and remedies. If so, the Title IX Coordinator implements the accepted finding that Respondent is in violation of College policy and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary.

This result is not subject to appeal once all parties have assented, in writing, to all agreed upon terms of resolution. If the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.

When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

c. Negotiated Resolution

The Title IX Coordinator, with the consent of the parties, may negotiate and implement an agreement to resolve the allegations that satisfies all parties. Negotiated resolutions are not appealable.

7. Grievance Process Pool

The Formal Grievance Process relies on a pool of individuals appointed by the College (“the Pool”). Members of the Pool are announced in an annual distribution of this policy to all students, employees, prospective students, and prospective employees. The list of Pool members and a description of the Pool can be found at www.berea.edu/title-ix/.

a. Pool Member Roles

Members of the Pool are trained, and may serve in in the following roles, at the direction of the Title IX Coordinator:

● To provide appropriate intake of and initial guidance pertaining to complaints
● To serve in a facilitation role in Informal Resolution or Alternate Resolution
● To act as an Advisor to the parties
● To investigate complaints
● To serve as a hearing facilitator (process administrator, no decision-making role)
● To serve as a Decision-Maker regarding the complaint
● To serve as an Appeal Decision-Maker

b. Pool Member Appointment

The Title IX Coordinator, in consultation with the President or designee, appoints the Pool, which acts with independence and impartiality and aspires to be reflective of the College’s diversity. This does not preclude the College from having all members of the Pool go through an application and/or interview/selection process. Although members of the Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different cases, the College can also designate permanent roles for individuals in the Pool, using others as substitutes or to provide greater depth of experience when necessary. This process of role assignment may be the result of particular skills, aptitudes, or talents identified in members of the Pool that make them best suited to particular roles.

c. Pool Member Training

The Pool members receive annual training as a group. This training includes, but is not limited to:

• The scope of Berea College’s Sexual Harassment and Retaliation Policy and Procedures
• The scope of Berea College’s education program or activity
• How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes
• How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias
• Any technology to be used at a live hearing
• Issues of relevance of questions and evidence
• Issues of relevance to create an investigation report that fairly summarizes relevant evidence
• How to determine appropriate sanctions in reference to sexual harassment and/or retaliation allegations

Specific training is also provided for Appeal Decision-Makers, Advisors (who are Berea College employees), and Chairs. All Pool members are required to attend these trainings annually. The materials used to train all members of the Pool are publicly posted here: www.berea.edu/title-ix/.

d. Pool Membership

The Pool includes:

• 2 or more members of the Academic Affairs administration and/or faculty
• 2 or more members of the administration/staff
• 1 or more representatives from Human Resources
• Other trained Decision-Makers, who may be appointed by the College

Pool members are usually appointed annually. Individuals who are interested in serving in the Pool are encouraged to contact the Title IX Coordinator.

8. Formal Grievance Process: Notice of Investigation and Allegations

The Title IX Coordinator will provide written “notice of the investigation and allegations” (“NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who is to be given advance notice of when the NOIA will be delivered to the Respondent. The NOIA will include:

• A summary of all of allegations,
• The identity of the parties involved (if known),
• The misconduct being alleged,
• The date and location of the alleged incident(s) (if known),
• The specific policies implicated,
• A description of the applicable procedures,
• A statement of the potential sanctions/responsive actions that could result,
• A statement that the Respondent is presumed not responsible for the reported misconduct unless and until a determination of responsibility is made at the conclusion of the grievance process,
• A statement that determinations of responsibility are made at the conclusion of the process and that the parties and their Advisor will be given an opportunity to inspect and review all directly related and/or relevant evidence obtained during the review and comment period,
• A statement about the College’s policy on retaliation,
• Information about the privacy of the process,
• Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor,
• A statement informing the parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process.

Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges.

The NOIA will be in writing and delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official Berea College records, or emailed to the parties’ Berea College-issued email or designated accounts. Once mailed, emailed, and/or transmitted in person, notice will be presumptively delivered.

9. Resolution Timeline

Berea College will make reasonable efforts to complete the resolution process within 60 to 120 business days, including appeal, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.

10. Appointment of Investigators

Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints one or more Pool members to conduct the investigation, usually within two (2) business days of determining that an investigation should proceed.

11. Ensuring Impartiality

Any individual materially involved in the administration of the resolution process, including the Title IX Coordinator, Investigator(s), and Decision-Maker(s), may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent. The College operates with the presumption that the Respondent is not responsible for reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.

The Title IX Coordinator will screen assigned Investigator(s) to ensure there are no actual or apparent conflicts of interest or disqualifying biases. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Pool member will be assigned and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with Vice President for Diversity, Equity and Inclusion.

12. Investigation Timeline

Investigations are completed expeditiously depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.

Berea College will make a reasonable effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

13. Delays in the Investigation Process and Interactions with Law Enforcement

Berea College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, requests from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions.

The Title IX Office will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. The College will promptly resume its investigation and resolution process as soon as feasible. During such a delay, the College will implement supportive measures as deemed appropriate.

Berea College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

14. Steps in the Investigation Process

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses, obtaining available and relevant evidence.

All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.

Investigator(s) write(s) a comprehensive investigation report, fully summarizing the investigation, all witness interviews, and addressing all relevant evidence. Appendices including relevant physical or documentary evidence will be included.

Prior to the conclusion of the investigation, the investigator(s) provide(s) the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of evidence directly related to the allegations, including evidence upon which the College does not intend to rely in reaching a determination, for a ten (10) business days review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten days.

The Investigator will incorporate any relevant feedback, and the final report is then shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) business calendar days prior to a hearing. The parties are also provided access to any evidence that was not included in the report.

15. Role and Participation of Witnesses in the Investigation

Witnesses, including those who are employees of Berea College, are encouraged to cooperate with and participate in the College’s investigation and resolution processes.

Although in-person interviews for parties and all potential witnesses are ideal, circumstances (e.g., study abroad, summer break, pandemic, or other special circumstances) may require individuals to be interviewed remotely. Skype, Zoom, FaceTime, WebEx, or similar technologies may be used for interviews if the Investigator(s) determine that timeliness or efficiency dictate a need for remote interviewing. The College will take appropriate steps to reasonably ensure the security/privacy of remote interviews.

16. Recording of Interviews

No unauthorized audio or video recording of any kind is permitted during investigation meetings. If Investigator(s) elect to audio and/or video record interviews, all participants must be made aware of audio and/or video recording.


17. Evidentiary Considerations in the Investigation

The investigation does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) the character of the parties; or 3) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

18. Referral for Hearing

Provided that the complaint is not resolved through Informal Resolution, once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing.

The hearing cannot be less than ten (10) business days from the conclusion of the investigation –when the final investigation report is transmitted to the parties and the Decision-Maker–unless all parties and the Decision-Maker agree to an expedited timeline.

The Title IX Coordinator will select appropriate Decision-Maker(s) from the Pool.

19. Hearing Decision-Maker Composition

Berea College will designate a single Decision-Maker or a three-member panel from the Pool, at the discretion of the Title IX Coordinator. The single Decision-Maker will also Chair the hearing. With a panel, one of the three members will be appointed as Chair by the Title IX Coordinator.

The Decision-Maker(s) will not have had any previous involvement with the investigation. The Title IX Coordinator may elect to have an alternate from the Pool sit in throughout the hearing process in the event that a substitute is needed for any reason.

Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as Decision-Makers. Those who are serving as Advisors for any party may not serve as Decision-Makers in that matter.

The Title IX Coordinator may not serve as a Decision-Maker or Chair in the matter but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter do not create a conflict of interest. Otherwise, a designee may fulfill this role. The hearing will convene at a time determined by the Chair or designee.

20. Evidentiary Considerations in the Hearing

Any evidence that the Decision-Maker(s) determine(s) is relevant and credible may be considered. The hearing does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) the character of the parties; or 3) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Berea College employs a progressive discipline system, so previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility. This information is only considered at the sanction stage of the process, and is shared during this stage of the process by the Title IX Coordinator.

The parties may each submit a written impact statement prior to the hearing for the consideration of the Decision-Maker(s) at the sanction stage of the process when a determination of responsibility is reached. The written impact statement shares with the Decision-Marker(s) the effects of the allegations on the party.

After deliberations, the Decision-Maker(s) renders a determination based on the preponderance of the evidence received; whether it is more likely than not that the Respondent violated the Policy as alleged.

21. Notice of Hearing

No less than ten (10) business calendar days prior to the hearing, the Title IX Coordinator or the Chair will send notice of the hearing to the parties. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.

The notice will contain:

• A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result.
• The time, date, and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities.
• Any technology that will be used to facilitate the hearing.
• Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Decision-Maker(s) and parties to see and hear a party or witness answering questions. Such a request must be raised with the Title IX Coordinator at least five (5) business days prior to the hearing.
• A list of all those who will attend the hearing, along with an invitation to object to any Decision-Maker on the basis of demonstrated bias. This must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing and will likely result in a postponement of the hearing.
• Information on how the hearing will be recorded and on access to the recording for the parties after the hearing.
• A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing will not be considered by the Decision-Maker(s). For compelling reasons, the Chair may reschedule the hearing.
• Notification that the parties may have the assistance of an Advisor of their choosing at the hearing and will be required to have one present for any questions they may desire to ask of the other party and witnesses. The party must notify the Title IX Coordinator if they do not have an Advisor, and Berea College will appoint one. Each party must have an Advisor present. There are no exceptions.
• A copy of all the materials provided to the Decision-Maker(s) about the matter, unless they have been provided already.
• An invitation to each party to submit to the Chair an impact statement pre-hearing that the Decision-Maker will review during any sanction determination.
• An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.
• Notification that parties cannot bring mobile phones or other electronic devices into the hearing, except if approved by the Title IX Coordinator.

Hearings for possible violations that occur near or after the end of an academic term and are unable to be resolved prior to the end of term will typically be held as soon as practicable after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the College and remain within the 60-120 business day goal for resolution.

22. Alternative Hearing Participation Options

If a party or parties prefer not to attend or cannot attend the hearing in person, the party should request alternative arrangements from the Title IX Coordinator or the Chair at least five (5) business days prior to the hearing.

The Title IX Coordinator or the Chair can arrange to use technology to allow remote testimony without compromising the fairness of the hearing. Remote options may also be needed for witnesses who cannot appear in person. Any witness who cannot attend in person should let the Title IX Coordinator or the Chair know at least five (5) business days prior to the hearing so that appropriate arrangements can be made.

23. Pre-Hearing Preparation

The Chair or hearing facilitator, after any necessary consultation with the parties, Investigator(s) and/or Title IX Coordinator, will provide the names of persons who will be participating in the hearing, all pertinent documentary evidence, and the final investigation report to the parties at least ten (10) business days prior to the hearing.

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless all parties and the Chair assent to the witness’s participation in the hearing. The same holds for any evidence that is first offered at the hearing. If the parties and Chair do not assent to the admission of evidence newly offered at the hearing, the Chair may delay the hearing and instruct that the investigation needs to be re-opened to consider that evidence.

The parties will be given a list of the names of the Decision-Maker(s) at least five (5) business days in advance of the hearing. All objections to any Decision-Maker must be raised in writing, detailing the rationale for the objection, and must be submitted to the Title IX Coordinator as soon as possible and no later than one day prior to the hearing. Decision-Makers will only be removed if the Title IX Coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).

The Title IX Coordinator will give the Decision-Maker(s) a list of the names of all parties, witnesses, and Advisors at least five (5) business days in advance of the hearing. Any Decision-Maker who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses, and Advisors in advance of the hearing. If a Decision-Maker is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Title IX Coordinator as soon as possible.

During the ten (10) business day period prior to the hearing, the parties have the opportunity for continued review and comment on the final investigation report and available evidence. That review and comment can be shared with the Chair at the pre-hearing meeting or at the hearing and will be exchanged between each party by the Chair.

24. Pre-Hearing Meetings

The Chair may convene pre-hearing meeting(s) with the parties and their Advisors to invite them to submit the questions or topics they (the parties and their Advisors) wish to ask or discuss at the hearing, so that the Chair can rule on their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or provide recommendations for more appropriate phrasing. However, this advance review opportunity does not preclude the Advisors from asking a question for the first time at the hearing or from asking for a reconsideration based on any new information or testimony offered at the hearing. The Chair must document and share with each party their rationale for any exclusion or inclusion at a pre-hearing meeting.

The Chair, only with full agreement of the parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the investigation report or during the hearing.

At each pre-hearing meeting with a party and their Advisor, the Chair will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator(s) may be argued to be relevant. The Chair may rule on these arguments pre-hearing and will exchange those rulings between the parties prior to the hearing to assist in preparation for the hearing. The Chair may consult with legal counsel and/or the Title IX Coordinator or ask either or both to attend pre-hearing meetings. Pre-hearing meeting(s) will not be recorded.

25. Hearing Procedures

At the hearing, the Decision-Maker(s) has the authority to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the sexual harassment, and/or retaliation, even though those collateral allegations may not specifically fall within this policy.

Participants at the hearing will include the Chair, any additional panelists, the hearing facilitator, the Investigator(s) who conducted the investigation, the parties, Advisors to the parties, any called witnesses, the Title IX Coordinator, and anyone providing authorized accommodations or assistive services.

The Chair will answer all questions of procedure. Anyone appearing at the hearing to provide information will respond to questions on their own behalf.

The Chair will allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the Decision-Maker(s) and the parties. Following their testimony, such witnesses will be excused.

26. Joint Hearings

In hearings involving more than one Respondent or in which two (2) or more Complainants have accused the same individual of substantially similar conduct, the default procedure will be to hear the allegations jointly.

However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent with respect to each alleged policy violation.

27. Order of the Hearing – Introductions and Explanation of Procedure

The Chair explains the procedures and introduces the participants. This may include a final opportunity for challenge or recusal of the Decision-Maker(s) on the basis of bias or conflict of interest. The Chair will rule on any such challenge unless the Chair is the individual who is the subject of the challenge, in which case the Title IX Coordinator will review and decide the challenge.

The Chair then conducts the hearing according to the hearing script. At the hearing, recording, witness logistics, party logistics, curation of documents, separation of the parties, and other administrative elements of the hearing process are managed by a non-voting hearing facilitator or the Title IX Coordinator. The hearing facilitator may attend to: logistics of rooms for various parties/witnesses as they wait; flow of parties/witnesses in and out of the hearing space; ensuring recording and/or virtual conferencing technology is working as intended; copying and distributing materials to participants, as appropriate, etc.

28. Investigator Presents the Final Investigation Report

The Investigator(s) will then present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Decision-Maker(s) and the parties (through their Advisors). The Investigator(s) will be present during the entire hearing process, but not during deliberations.

The Investigator(s) gather, assess, and synthesize evidence, but make no conclusions, engage in no policy analysis, and render no recommendations as part of their report. Neither the parties nor the Decision-Maker(s) should ask the Investigator(s) their opinions on credibility, recommended findings, or determinations, and the Investigators, Advisors, and parties will refrain from discussion of or questions about these assessments. If such information is introduced, the Chair will direct that it be disregarded.

29. Testimony and Questioning

Once the Investigator(s) present their report and are questioned, the parties and witnesses may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the Chair. The parties/witnesses will submit to questioning by the Decision-Maker(s) and then by the parties through their Advisors (“cross-examination”).

All questions are subject to a relevance determination by the Chair. The Advisor, who is seated during questioning, will pose a question orally (in a live and direct fashion), the proceeding will pause to allow the Chair to consider the question’s relevance, and the Chair will determine whether the question will be permitted, disallowed, or rephrased.

The Chair may invite explanations or persuasive statements regarding relevance with the Advisors, if the Chair so chooses. The Chair will then state their decision on the question for the record and advise the party/witness to whom the question was directed, accordingly. The Chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

The Chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Chair has final say on all questions and determinations of relevance. The Chair may consult with legal counsel on any questions of admissibility. The Chair may ask Advisors to frame why a question is or is not relevant from their perspective but will not entertain argument from the Advisors on relevance once the Chair has ruled on a question.

If the parties raise an issue of bias or conflict of interest of an Investigator or Decision-Maker at the hearing, the Chair may elect to address those issues, consult with legal counsel, and/or refer them to the Title IX Coordinator, and/or preserve them for appeal.

30. Refusal to Submit to Cross-Examination and Inferences

If a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attend the meeting (either in-person or remotely), or they attend but refuse to submit to questioning, then the Decision-Maker(s) may not rely on any prior statement made by that party or witness at the hearing (including those contained in the investigation report) in the ultimate determination of responsibility. The Decision-Maker(s) must disregard that statement. Evidence provided that is something other than a statement by the party or witness may be considered.

If the party or witness attends the hearing and answers some cross-examination questions, only statements related to the cross-examination questions they refuse to answer cannot be relied upon. However, if the statements of the party who is refusing to submit to cross-examination or refuses to participate in the hearing are the subject of the allegation itself (e.g., the case is about verbal harassment or a quid pro quo offer), then those statements are not precluded from admission.

The Decision-Maker(s) may not draw any inference solely from a party’s or witness’s non-participation in the hearing or refusal to answer cross-examination or other questions.

If charges of policy violations other than sexual harassment are considered at the same hearing, the Decision-Maker(s) may consider all evidence it deems relevant, may rely on any relevant statement as long as the opportunity for cross-examination is afforded to all parties through their Advisors, and may draw reasonable inferences from any decision by any party or witness not to participate or respond to questions.

If a party’s Advisor of choice refuses to comply with the rules of decorum established under this policy for the hearing, the College may require the party to use a different Advisor. If a Berea College-provided Advisor refuses to comply with the rules of decorum, the College may provide that party with a different Advisor to conduct cross-examination on behalf of that party.

31. Recording Hearings

Hearings (but not deliberations) are recorded by the College for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.

The Decision-Maker(s), the parties, their Advisors, and appropriate administrators of the College will be permitted to listen to the recording in a controlled environment determined by the Title IX Coordinator. No person will be given or be allowed to make a copy of the recording without the Title IX Coordinator’s permission.

32. Deliberation, Decision-making, and Standard of Proof

The Decision-Maker(s) will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. If a panel is used, a simple majority vote is required to determine the finding. The preponderance of evidence standard of proof is used. The hearing facilitator may be invited to attend the deliberation by the Chair, but is there only to facilitate procedurally, not to address the substance of the allegations.

When there is a finding of responsibility on one or more of the allegations, the Decision-Maker(s) may then consider the previously submitted party impact statements in determining appropriate sanction(s). The Chair will ensure that each of the parties has an opportunity to review any impact statement submitted by the any other party. The Decision-Maker(s) may – at their discretion – consider the statements, but they are not binding.

The Decision-Maker(s) will review the statements and any pertinent conduct history requested from the appropriate administrators and will determine the appropriate sanction(s) in consultation with other appropriate administrators, as required.

The Chair will then prepare a written deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence not relied upon in its determination, credibility assessments, and any sanctions. This report is typically three (3) to five (5) pages in length and must be submitted to the Title IX Coordinator within two (2) business days of the end of deliberations, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.

33. Notice of Outcome

Using the deliberation statement, the Title IX Coordinator will work with the Chair to prepare a Notice of Outcome. The Title IX Coordinator will then share the letter, including the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors within five (5) business days of receiving the Decision-Maker(s)’ deliberation statement.

The Notice of Outcome will then be shared with the parties simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official College records, or emailed to the parties’ College-issued email or otherwise approved account. Once sent, notice will be presumptively delivered.

The Notice of Outcome will articulate specific policy or policies reported to have been violated and will contain a description of the procedural steps taken by Berea College from the receipt of the harassment report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held.

The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the College is permitted to share such information under state or federal law; any sanctions issued which the College is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to Berea College’s educational or employment program or activity, to the extent the College is permitted to share such information under state or federal law (this detail is not typically shared with the Respondent unless the remedy directly relates to the Respondent).

The Notice of Outcome will also include information on when the results are considered by the College to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.

34. Sanctions

a. Factors considered when determining a sanction/responsive action may include, but are not limited to the following:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• Previous allegations involving similar conduct
• The need for sanctions/responsive actions to bring an end to the sexual harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of sexual harassment, and/or retaliation
• The need to remedy the effects of the sexual harassment, and/or retaliation on the Complainant and the community
• The impact on the parties
• Any other information deemed relevant by the Decision-Maker(s)

The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.

The sanctions described in this policy are not exclusive of, and may be in addition to, other actions or sanctions imposed by external authorities.

b. Student Sanctions

Sanctions for a student or student organization who has engaged in sexual harassment and/or retaliation include:

• Probation
• Suspension
• Expulsion
• Other sanctions as provided under the Student Conduct Code
• Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate
• Suspension or expulsion will result following a determination of sexual assault by forcible rape, forcible sodomy, or sexual assault with an object

c. Employee Sanctions

Sanctions for an employee who has engaged in sexual harassment and/or retaliation include:

• Warning
• Reprimand
• Required letter of apology
• Changed assignment
• Relocation of office
• Required counseling
• Suspension
• Demotion
• Loss of salary
• Termination
• Other Actions: In addition to or in place of the above sanctions/responsive actions, Berea College may assign any other responsive actions as deemed appropriate
• In the case of a faculty Respondent, a referral to the Dean and Faculty Status Council for possible discipline under terms of the Faculty Manual
• Suspension or termination will result following a determination of sexual assault by forcible rape, forcible sodomy, or sexual assault with an object

35. Withdrawal, Graduation or Resignation While Charges Pending

a. Students: If a student withdraws or graduates from the College, the resolution process may continue in their absence. Berea College will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged sexual harassment and/or retaliation. This may include the College barring the withdrawn or graduating student from Berea College property and/or events.

The student who withdraws or leaves, without graduating, while the process is pending may not return to Berea College unless and until all sanctions have been satisfied.

b. Employees: If an employee resigns with unresolved allegations pending, they will not be eligible for future employment with the College.

Notwithstanding the withdrawal or resignation of a party, Berea College will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged sexual harassment and/or retaliation. This may include the College barring the resigned employee from Berea College property and/or events.

36. Appeals

Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the Title IX Coordinator within 5 business days of the delivery of the Notice of Outcome.

The Appeal Decision-Maker/panel will be designed by the Title IX Coordinator from the Pool and if it is a panel a Chair will be designated. (see Section 7) No Appeal Decision-Maker will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process.

The Request for Appeal will be forwarded to the Appeal Decision-Maker/Chair for consideration to determine if the request meets the grounds for appeal (a Review for Standing). This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

a. Grounds for Appeal

Appeals are limited to the following grounds:

(A) Procedural irregularity that affected the outcome of the matter;
(B) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
(C) The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

If the Request for Appeal does not meet any of the grounds set forth above, the request will be denied by the Appeal Decision-Maker/Chair and the parties and their Advisors will be notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Decision-Maker/Chair will notify the other party(ies) and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigators and/or the original Decision-Maker(s).

The other party(ies) and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigators and/or the original Decision-Maker(s) will be mailed, emailed, and/or provided a hard copy of the request with the approved grounds and then be given 5 business days to submit a response to the portion of the appeal that was approved and involves them. All responses will be forwarded by the Chair to all parties for review and comment.

The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed to determine if it meets the grounds in this Policy by the Appeal Decision-Maker/Chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator(s) and/or original Decision-Maker(s), as necessary, who will submit their responses in 5 business days, which will be circulated for review and comment by all parties.

Neither party may submit any new requests for appeal after this time period. The Appeal Decision-Maker/Chair will collect any additional information needed and all documentation regarding the approved grounds and the subsequent responses, will be shared with the Appeal Panel if applicable, and the Appeal Decision-Maker/panel will render a decision in no more than 5 business days, barring exigent circumstances. All decisions will be made using the preponderance of evidence standard.

A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which the College is permitted to share according to state or federal law, and the rationale supporting essential findings to the extent Berea College is permitted to share under state or federal law.

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official College records, or emailed to the parties’ Berea College-issued email or otherwise approved account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.

b. Sanctions Status During the Appeal

Unless otherwise provided, sanctions imposed as a result of a hearing are stayed during the appeal process. Supportive measures may be reinstated, subject to the procedures referenced above.

If any of the sanctions are to be implemented immediately post-hearing, but pre-appeal, then emergency removal procedures (detailed above) for a hearing on the justification for doing so must be permitted within 48 hours of implementation.

c. Appeal Considerations

● Decisions on appeal are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so.
● Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.
● An appeal is not an opportunity for Appeal Decision-Makers to substitute their judgment for that of original Decision-Maker(s) merely because they disagree with the finding and/or sanction(s).
● The Appeal Chair/Decision-Makers may consult with the Title IX Coordinator on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained.
● Appeals granted based on new evidence should normally be remanded to the original Investigator(s) and/or Decision-Maker(s) for reconsideration. Other appeals may be remanded at the discretion of the Title IX Coordinator or, in limited circumstances, decided on appeal.
● Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing).
● In rare cases where a procedural error cannot be cured by the original Decision-Maker(s) (as in cases of bias), the appeal may order a new hearing with a new Decision-Maker(s).
● The results of a remand to a Decision-Maker(s) cannot be appealed. The results of a new hearing can be appealed, once, on any of the three available appeal grounds.
● In cases in which the appeal results in reinstatement to Berea College or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

37. Long-Term Remedies/Other Actions

Following conclusion of the resolution process, and in addition to any sanctions implemented, the Title IX Coordinator may implement and/or request additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the sexual harassment and/or retaliation, remedy the effects, and prevent reoccurrence.
These remedies/actions may include, but are not limited to:

• Referral to counseling or Employee Assistance Program
• Academic extensions of deadlines, or other course-related adjustments
• Implementing modifications of work, labor, or class schedules
• Providing campus safety escorts
• Implementing mutual contact restrictions (no contact orders) between the parties
• Altering labor, work or housing assignment(s)
• Leaves of absence
• Increased security and monitoring of certain areas of campus
• Any other actions deemed appropriate by the Title IX Coordinator

At the discretion of the Title IX Coordinator, certain long-term support or measures may also be provided to the parties even if no policy violation is found.

When no policy violation is found, the Title IX Coordinator will address any remedies for the Respondent to ensure no effective denial of educational access or employment opportunity.

The College will maintain the privacy of any long-term remedies/actions/measures, provided such privacy does not impair its ability to provide these remedial measures.

38. Failure to Comply with Sanctions and/or Interim and Long-term Remedies and/or Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-Maker(s) (including the Appeal Chair/Panel). Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from Berea College. A suspension under this provision will only be lifted when compliance is achieved to the reasonable satisfaction of the Title IX Coordinator.

39. Recordkeeping

Berea College will maintain the following records for a period of at least seven years from the dates of their creation:

1. Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;
2. Any disciplinary sanctions imposed on the Respondent;
3. Any remedies provided to the Complainant designed to restore or preserve equal access to Berea College’s education program or activity;
4. Any appeal and the result thereof;
5. Any Informal Resolution and the result thereof;
6. All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any persons who facilitate an Informal Resolution process. Berea College will make these training materials publicly available on Berea College’s Title IX website or upon request for inspection by members of the public; and
7. Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including:

a. The basis for all conclusions that the response was not deliberately indifferent;
b. Any measures designed to restore or preserve equal access to Berea College’s education program or activity; and
c. If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

The College also will maintain any and all records pertaining to these processes in accordance with applicable state and federal laws.

40. Disabilities Accommodations in Resolution Processes

Berea College is committed to providing reasonable accommodations and support to students, employees, or others with disabilities to ensure equal access to the College’s resolution processes. Anyone needing such accommodations or support should contact the Director of Disability & Accessibility Services or Human Resources, who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

Policy and Procedures – Approved by Administrative Committee and adopted by the President on an interim basis, effective August 14, 2020

Approved by the General Faculty Assembly – September 23, 2020

Board of Trustees Review and Approval – October 17, 2020

Student Right-to-Know and Campus Security Act

In compliance with the Student Right-to-Know and Campus Security Act, Public Law 101-542, information on completion and graduation rates is available upon request from the Office of Institutional Research and Assessment (CPO 2177, 310 Lincoln Hall, Berea, KY 40404; ext. x3790; online at www.berea.edu/ira). Information regarding campus crime is available upon request from the following offices and departments: Public Safety, Human Resources, Labor Program Office, Student Life Administrative Office, and Admissions. (Also see Campus Safety and Security and Residence Hall Regulations and other safety-related policies and procedures.)

Withdrawals from the College

A student who intends to discontinue enrollment at Berea College first should discuss his or her plans with the Academic Advisor. If the student still wishes to withdraw, they should go to the Office of Student Success & Transition to begin the withdrawal process. (See “Voluntary Withdrawal” under Types of Withdrawal for important advice.)

It is very important to notify the College of any change in enrollment status to ensure that records are current and all processes are completed correctly and in a timely fashion. Once the withdrawal process is completed, the student is expected to leave campus within 48 hours, unless special permission has been granted.

If a student has registered for courses in a current or future term, it is the student’s responsibility to inform the Registrar and Director of Student Accounts of any change in enrollment status as soon as possible. Otherwise, the student might be charged with a term of attendance and receive grades of “F” for courses from which the student has not withdrawn officially.

Tobacco-Free Campus Policy

I.  Policy

As of July 1, 2019, the use of all tobacco products is prohibited on all property that is owned, operated, leased, occupied, or controlled by the College. “Property” for purposes of this policy includes the farm, forest, buildings, athletic venues, grounds, sidewalks, parking lots, and vehicles, as well as personal vehicles in these areas. This policy will be followed as a standard rule of conduct in the Student and Employee Handbooks.

II.  Rationale

Berea College acknowledges and supports the findings of the Surgeon General that tobacco use in any form, active or passive, is a significant health hazard that can lead to premature death, heart disease, and lung cancer, even among non-tobacco users. The College further recognizes that environmental tobacco smoke has been classified as a Class A carcinogen and that there is no safe level of exposure to environmental tobacco smoke, a recognized toxic air contaminant.

In light of these health risks and the College’s commitment to providing a safe and healthy working and learning environment for its students, employees, and visitors, Berea College has adopted a TOBACCO-FREE campus policy.

III.  Definitions

“Tobacco Products” means all forms of tobacco, including, but not limited to, cigarettes, cigars, pipes, water pipes (hookah), bidis, electronic nicotine delivery systems, electronic non-nicotine delivery systems, smokeless tobacco products, and any product that produces smoke or vape. “Tobacco products” do not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

“Electronic nicotine delivery systems” include vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e-cigarettes or e-cigs), and e-pipes.

“Electronic non-nicotine delivery systems” include devices labeled as not containing nicotine.

“Smokeless tobacco” includes chewing tobacco, dip, snuff, snus, and dissolvable products including lozenges, orbs, sticks, and strips.

“College community” refers to faculty, staff, students, contractors, volunteers, customers, and visitors working, learning, or visiting a Berea College owned property.

IV.  Entities Affected

This policy applies to all members of the College community.

V.  Exceptions

Tobacco use may be permitted on College-owned rental properties according to the provisions of the applicable lease agreements managed through the office of the Vice President for Operations and Sustainability. 

VI.  Implementation

Consistent with the eight Great Commitments, we must treat those who use tobacco products with respect, dignity, and care as we seek to implement and enforce this policy. The health and wellness education programs at the College perform an important function by demonstrating and promoting healthy lifestyles through activities such as the curtailment of the use of tobacco products. For those seeking assistance, tobacco cessation programs are available to faculty, staff, and students, and the College encourages participation in these programs. For more information, contact Thrive! Wellness at Wellness@berea.edu or (859) 985-3968.     

VII.  Compliance and Enforcement

All members of the Berea community share in the responsibility of adhering to and enforcing this policy. The success of this policy depends upon the thoughtfulness, consideration, and cooperation of those who use tobacco products and those who do not. Informational rather than punitive enforcement is the intent of this policy.  However, violations of this policy will follow the standards set forth in the Student and Employee Handbooks.  

Approved by the General Faculty Assembly, April 3, 2018.

 

Social Media Policy

Introduction

Berea College's rich and diverse use of social media allows us to share, in a public way, the many qualities and strengths of our academic institution. From that perspective, Berea intentionally uses social media to advance the institution and build relationships with important constituencies, such as prospective and current students, friends, and alumni. The platforms used to accomplish this include Facebook, Twitter, Linkedin, YouTube, Instagram, Snapchat, and new and emerging platforms.

The College also recognizes the open nature of social media. It is often used for both personal and professional purposes. Your role can become ambiguous as you contribute to conversations occurring on social media sites. It may not always be clear when you are speaking on behalf of the College or sharing personal/professional opinions. This policy is intended to help members of the Berea College community navigate through this ambiguity and clarify certain responsibilities for those individuals who post material online on behalf of the College. It is important to remember that online interactions are subject to the same professional expectations, policies, guidelines and laws that apply to face-to-face interactions with students, parents, alumni, donors and members of the media. This policy applies to all individuals conducting official business on behalf of the College, including faculty, staff, and students in their labor positions or when representing a student group affiliated with the College. 

Section 1: Institutional and Organization Social Media Accounts

Institutional Social Media Accounts:
Berea College has institution-moderated social media accounts managed by the Office of Marketing & Communications (MC) and Alumni Relations. These official accounts on Facebook, Twitter, LinkedIn, YouTube, Instagram and Snapchat are identified as “Berea College.” Posts from these accounts are designed to represent the College’s brand, its Great Commitments, dedication to transformative learning, and service to stakeholders. These are the official social media outlets of the College and the only accounts for which the College is institutionally responsible.

Organization Social Media Accounts:
Individual departments, centers, programs, student organizations and special projects may sponsor separate social media account(s). These are not official “Berea College” accounts and are not managed by MC. These accounts are referred to as “institution-sponsored” accounts because they are publicly affiliated with the College through name, logo, branding, etc. These accounts must have at least two administrators. One must be a staff or faculty member of the College. Staff administrators are available from the MC office (https://www.berea.edu/mc/ or 859-985-3018). Institution-sponsored social media accounts should register with the online Social Media Directory, managed by MC.  The content and views of Organization Social Media Accounts are the responsibility of the individual sponsor(s).

Section 2: Laws, Regulations and Policies that Govern Online Posts

Protect confidential and proprietary information:
Do not post confidential or proprietary information about Berea College students, employees or alumni. All persons posting material must follow applicable state or federal laws or regulations such as FERPA and HIPAA, as well as NCAA regulations. Adhere to all applicable institutional policies and legal requirements regarding privacy, confidentiality and property rights.

Respect copyright and fair use:
When posting, be mindful of the copyright and intellectual property rights of others and of the College. For guidance, consult the Berea College Intellectual Property Rights Statement.

Use Berea College intellectual properties only with permission:
No user may establish social media accounts that use the Berea College logo or other intellectual properties such as photography, video, artwork and/or publications copyrighted to the College without authorization from the College. For more information, or for permission to use Berea College intellectual properties, contact MC at  mc@berea.edu or  at 859-985-3018.

Data Collection and GDPR:

Any institution sponsored account conducting paid advertising or any other type of data collection via social media must ensure full compliance with General Data Protection Regulations (GDPR). Contact MC for guidance as needed.

Title IX

Please note that Title IX regulations supersede this policy on any post whether organizational or personal that constitutes harassment. For further assistance with Title IX regulations or concerns contact the Title IX office at titleix@berea.edu or 859.228.2323.

Disseminating official information:
The division of Alumni, Communications and Philanthropy is responsible for posting and publishing official information online on behalf of the College. While organizations, clubs, groups and departments are encouraged to have social media pages, no person or group may impersonate the official Berea College social media accounts by representing their page or group as the official Berea College Office of Marketing & Communications. This policy pertains to Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn, YouTube, Google+, as well as new and emerging platforms.

The Associate Vice President of Marketing and Communications (859-985-3912) and the Media Relations Manager (859-985-3020) serve as the College’s primary contacts with local, regional and national print and electronic media. All Berea College employees who are approached by a media representative regarding any matter of College business are required to refer such inquiries to either of these individuals. MC staff members welcome information about professional activities, student accomplishments, innovative courses or teaching strategies, special events or other developments of potential interest to the media. Having this information on a timely basis helps bring important matters to the public’s attention.

Section 3: Follow Brand Style Guidelines

The College expects departments, centers, programs, student organizations and special projects using social media on its behalf to abide by the official standards for brand, graphics and style as set in the Brand and Graphics Standards Manual. This includes using appropriate graphic and logo elements for Facebook, Twitter and Instagram. For other sites or accounts, consult with the Marketing & Communications office, which administers these guidelines and can provide account- and program-specific guidance.

Note: Always use proper grammar and appropriate text descriptions for images or video when posting images or videos containing text to remain in compliance with federal accessibility requirements. Communicate with your followers as you would real people in professional situations, without overly pedantic or “composed” language. Do not be afraid to bring in your own personality when appropriate. Draft posts in a program that can detect spelling and grammatical errors, and proofread before you post.

Avoid offensive images, graphics, slang or words that may not reflect well upon the College. When selecting images to publish be thoughtful in ensuring they reflect our mission (embodied in the Great Commitments) and accurately represent the diversity of our community.

Since Berea is a work college, any student workers who compose content for social media usage should have appropriate staff or faculty members review the content before it is posted. What you write and publish–including the way in which you name and graphically brand or customize your social media accounts–can have a profound effect on external perceptions of Berea College.

Section 4: Social Media Best Practices

When maintaining an institution sponsored account please utilize these guidelines as best practices as often as possible.

Presence and Maintenance

• Social media accounts at Berea College must be logged into a minimum of once per day to monitor and respond to posts, comments, mentions, etc.
• Be present and responsive. Having an official social media account at Berea requires diligent maintenance and upkeep, including answering users’ questions and monitoring comments. Establishing and then abandoning or not regularly checking a social media channel is not allowed.
• Frequency of updates varies for each channel. Use an editorial calendar to schedule content creation (and subsequent publication) more efficiently. Don’t hoard content and post it all at once.
  • You may consider giving multiple people in your department access to post if you feel that will help the accounts remain more up-to-date.

Measurement and Analytics

• Measurement and analytics are key to assessing your success in social media.
• Study the data provided by the respective analytics functions in Hootsuite,  Facebook (Insights), Twitter (analytics.twitter.com) and YouTube (Insights). Determine relevant statistics and track them over time.
• Match analytics information against content and engagement to determine what caused certain results.
• Use this information to better understand your audience and to inform content decisions.

Community Building

• Be personable and accessible, while keeping in mind the guidelines offered here. Having a personality and a voice will help you build your audience.
• Once you have established your social media presence, cross-promote on your various channels, both online and offline. If you have a brochure or a website, drive people to your social media channels, and vice versa. Just because people are very active with your Twitter account doesn’t mean they don’t need a pamphlet or to visit your  website.
• Don’t judge your success solely on numbers. While it is tempting to use views, fans or followers as a metric by which to assess your engagement in social media, it is not the ideal measurement. With social media, quality supersedes quantity. Every community is different. You may have fewer followers on Twitter, but if you are cultivating a highly-engaged community, the number of followers means little.

• Success with building community via social media is not an end result; it is a process. You have to be present and engaged consistently over time, and you have to measure the effectiveness of that engagement over time.

Approved by Administrative Committee, January 2019

 

Student Accounts, Term Bills, and Payment Plan

Upon enrollment, each student at Berea College is assigned a Student Account. This account contains charges for housing, meals, required fees, and selected educational items such as books, supplies, and institutional fees and fines. Financial aid for educational costs also is credited to this account.

To confirm enrollment and validate the student ID, student account balances from the previous term must be paid in full.  In addition, all charges for the current term must be paid or resolved prior to the first day of classes for each term.  If the current term charges cannot be paid in full by the first day of classes, a payment plan must be arranged through the Office of Student Financial Aid Services.  Payment plans for the current term may include a combination of payments by cash, check, or credit card; use of labor earning via payroll deduction (50% or more); or additional aid such as institutional or federal loans.

Once the student account is paid for a prior term, students will be able to charge books through the College's on-line Bookstore.  Other educational costs and College fines also may be applied to the account. These charges and any charges remaining as part of a payment plan must be resolved in order to register for upcoming terms. (Continuing students must have paid their Term Bill below $100 before being able to register for upcoming terms.)  Student financial aid cannot be used to cover any fines.

Charges remaining on the account or incurred after registration must be resolved by the end of the term. Special financial aid for upcoming terms (e.g., grants for travel abroad) will not be released until the account balance is paid in full.

The College establishes fees and charges under the following circumstances:

• as a charge for some service or materials to be used by the student;
• as a privilege to do something out of the usual pattern;
• as a means of defraying administrative costs that are involved in making materials and services available; and/or
• as a deterrent (fine or disciplinary charge)

Student Health Services

Medical Authorization for Minors

Students who are younger than 18 years old at the beginning of their first term at Berea College must have consent for treatment signed by a parent or legal guardian before they can register for classes.

Health Services

Student Health Services (operated by White House Clinics through Berea Primary Care) is the health services provider for students.  http://www.whitehouseclinics.com/index.htm

Student Health Services of Berea Primary care is operated by White House Clinics. There are 8 offices in the region and students may be seen at any location.  Most students will find it most convenient to go to Berea Primary Care which is located in St. Joseph Berea Hospital through the main hospital entryway (not through the Emergency Room entrance).

Services provided by Student Health Services include:

• acute care (sore throats, urinary tract infections, bronchitis, sexually transmitted diseases, etc.)
• chronic care (diabetes, high blood pressure, etc.)
• screenings/health maintenance (pap smears, sports and other physicals, health education, and flu vaccinations,etc.)

Tetanus boosters, meningitis, hepatitis A & B, and various other immunizations necessary for travel to certain countries are provided by Student Health Services to patients at cost.

Allergy injections ordered by an allergist are administered to students during regular Student Health Services hours at no charge.  Tuberculosis (TB) screening is also provided.

Students are entitled to unlimited visits at Student Health Services for no additional charge each term after the required health fee has been paid. Student’s dependents may utilize Student Health Services for an additional health fee (also must be paid each term.)

Student Health Services of White House Clinics has a strong network for specialty care, and provides referrals for various procedures, tests, specialists and sub-specialists that are not covered by the student health fee and may be charged to the student’s insurance including:

• x-rays,
• medically necessary diagnostic studies (MRI, CT Scan, etc.)
• other tests as determined
• specialty physicians as medically warranted

Dental Coverage

Covered Dental Treatment:

Dental Services provided by White House Clinics to Berea College Students, the following dental care:

• Emergency Dental Evaluation -dental examination for toothache, fractured teeth, pain, swelling, oral trauma, etc.
• Comprehensive Examination -x-rays, oral examination, diagnosis and treatment planning
• Periodic Examination -6 month and/or 12 month exams and cleanings
• Restorative procedures -fillings completed with either amalgam (silver) or composite (tooth color) materials
• Extractions -including simple and some surgical extraction
• Root Canal Therapy -limited to anterior and premolar
• Post-Operative Dental Care
• Oral Cancer Screening
• Dental Prophylaxis -routine cleanings
• Periodontal Scaling and Root Planing -deep cleanings below the gum line for patients diagnosed with gum disease
• Periodontal Maintenance -follow up exams after Scaling and Root Planing appointments
• Sealants
• Fluoride Varnishes
• Patient Education and Case Management

TREATMENT NOT COVERED:

Co-pays and co-insurances will apply. White House Clinics will bill insurance. Students will be responsible for the payment of all charges which are not covered by insurance, such as:  Crowns, Bridges, Partials, and Dentures.

Some services may be referred for specialty care at the sole discretion of the treating dentist. The cost for visits to specialty dentists or for specialty care will not be included in or covered by the Comprehensive Fee.

The following are examples, and not an exhaustive list, of circumstances that may result in a referral for specialty care:

• Extractions;
• 3^rd molars (wisdom teeth);
• patients with complex or compromised health histories;
• patients requiring sedation;
• complex extraction cases;
• Root Canal Therapy;
• Molar root canals;
• complex anterior and premolar cases;
• Sedation - Any patients requiring sedation or nitrous oxide in order for services to be performed will be referred out as White House Clinics do not provide these services.

Student Health and Dental Service Appointments

For an appointment at Student Health or Dental Services call (859) 985-1415.

Prescriptions ordered for students may be filled at the student’s expense at any of the White House Clinics pharmacies, or at a pharmacy of the student’s choice.

Prescriptions are not covered by the College health-insurance policy.

Counseling Services

Professional counseling and psychological services are provided by licensed therapists through Berea College Counseling for students who may wish to discuss academic, personal, psychological, or social problems. The services provided are confidential and free of charge to all students. Anyone seeking confidential counseling services should contact Counseling Services (ext. 3212) to arrange an initial intake interview. During the intake interview, a licensed therapist will assess the student’s needs to determine appropriate services. Individual, group, or couples counseling, further assessment, or a referral to another department or service may be recommended. Students wishing to talk with someone off-campus may contact New Vista, Richmond, Kentucky, (859-928-8000) or a private therapist of their choice. However, students will be responsible for payment of any charges incurred when using off-campus resources. (Also see Management of Behavioral Disturbances.)

Missed Counseling Appointment Charge Policy

Students who miss College scheduled appointments for psychiatric consultation without giving 24 hours prior notice will be assessed a $15 missed appointment fee that will be charged to the Student Account.

Summer Services

Students who pay the summer health fee will receive the same medical services as provided during the school year.

Health Insurance Requirement

All students attending Berea College are required to carry health insurance. Students who have insurance through a group health plan of a parent(s) or under a parent's individual health insurance plan are not required to carry health insurance through the College if the student is under the age of 26.  The College will continue to offer its student health insurance plan to international students and to students outside of Kentucky whose insurance coverage cannot be used outside of their state.  See College Insurance Plan and Plan Year.

For students eligible for the College policy, the insurance premium is part of the Student Expense budget and reflected there as a fee. Students’ dependents may be added to the College plan at an additional premium.

Under the College policy, benefits and exclusions are explained in a brochure sent to each student along with an insurance card each term. This card must be presented when seeking medical care, other than at Student Health Services, such as at an emergency room or a specialist’s office. Students are responsible for submitting claim forms.

Hospitalization

Inpatient services, including some surgeries, are available at St. Joseph Berea Hospital. All costs of hospitalization, including specialists' fees, will be billed to the student's insurance.  Any outstanding balance will be the student's responsibility.

After-Hours Care

When Student Health Services is closed, an on-call physician at St. Joseph Berea Hospital can be accessed by calling the hospital operator (859-986-3151) and asking for the physician on call for Berea Student Health Services or call Berea Primary Care at (859-985-1415) and select the after hours care prompt to be routed to St. Joseph Berea Hospital for a physician call back.

Student Health Services Hours of Operation:

Monday, 8:30-4:30

Tuesday, 8:30-7:00

Wednesday, 8:30-4:30

Thursday, 8:30-4:30

Friday, 8:30-4:30

On Saturdays, students can access White House Clinics Berea location, 8:00-noon, and the Richmond location from 8:00-5:00.

Emergencies

If a situation is deemed a health/illness emergency, care should be sought at the St. Joseph Berea Hospital Emergency Room.  Emergency room expenses not covered by insurance are the student/patient’s responsibility.

Ambulance

If a student has an emergency while in Berea and is unable to get to the clinic or hospital, an ambulance should be called through 911.  As soon as possible, Public Safety (ext. 3333) or a member of Residence Life staff should also be contacted to further assist as needed. The student is responsible for the ambulance charge.

Off-Campus Emergencies

When a health emergency arises during approved off-campus activities, the College designated person-in-charge shall confer with medical providers at the Student Health Services if at all possible.  When the emergency is such that the student can safely be brought back to campus, s/he will be placed in the care of the medical staff at Student Health Services.  When an emergency is such that the student cannot be brought back to campus safely, the student shall be cared for at the nearest appropriate facility.

Confidentiality

The relationship between physicians, other health-care providers, counselors and patients is always confidential.  Patient records are confidential and all records are managed according to HIPAA, the Health Insurance Portability and Accountability Act guidelines.  Patient information is not shared with other college personnel or parents without the informed, written consent of the student/patient except in cases of extreme urgency in which the life or safety of the patient or other persons is at risk.

At times, health providers may be required by law to report infectious diseases to public health officials.  Patients will be informed when reporting of this information is mandatory.

Student Health Services complies with and abides by the provisions of HIPAA.  Patient access to professional records also is subject to the Records Access and Protections provision in this publication.

Medical Absence Excuses

Student Health Services staff will not provide written absence excuses due to illness or office visits.  Students who miss class or work for medical reasons should tell the instructor or supervisor in advance, if possible.  Instructors or supervisors may request supporting information, as appropriate, in writing with the student’s signed authorization for release of medical information or confirmation.

Student International Travel Policy

Berea College enjoys its ability to provide some support for its students who study or serve in international locations. The College permits the use of funds for student international travel to support one trip of any kind (credit or noncredit) per student during the student’s years at the College. Proposals for travel will be evaluated in a competitive process and will be subject to available funds. No funding will be provided for independent studies, team-initiated studies, or internships in international settings. No institutional funding or fundraising will be provided for performance groups beyond that available through restricted endowed accounts held by academic departments.

Each student who plans to travel internationally as a student of Berea College (regardless of the type of international travel experience) must complete the “International Travel Form,” which students can obtain from the Center for International Education.

Effective Date: June 3, 2009

Approved by: Enrollment Policies Committee

Transportation Policy

Policy Purpose

The purpose of this policy is to ensure the safe operation of Berea College owned, leased, or rented vehicles; to ensure the safety of the drivers and passengers; and to minimize the physical damage to vehicles and reduction of third party claims against Berea College.

Policy Statement

It is Berea College’s policy that all Berea College-owned, leased, or rented vehicles be operated in a safe and responsible manner. All vehicle operators must possess a valid state driver’s license and, if under the age of 26, have a current Defensive Driving Card. Only approved drivers shall operate any Berea College owned, leased, or rented vehicle. All approved drivers shall be expected to operate any Berea College owned, leased, or rented vehicle in a safe and responsible manner. Any approved drivers that are found to be misusing any Berea College owned, leased, or rented vehicle shall not be allowed to operate a Berea College owned, leased, or rented vehicle until such time that the driver in question can regain approval. Failure to comply with the procedures detailed in this policy may result in disciplinary action or termination of motor vehicle privileges.

Use of Berea College Vehicles

Berea College owned, leased, or rented vehicles shall be used only for Berea College business or academic activities that are in accordance with the policies as set forth by Berea College. Berea College business is defined within the Transportation Policy as an approved activity that promotes the mission of Berea College through the areas of academic/non-academic activities, labor and employment, service, and Student Life activities including approved clubs and organizations. Personal use of any Berea College owned, leased, or rented vehicles shall be prohibited. 

1. Authorized drivers—employees, including part-time and student employees, and registered volunteers are the only individuals authorized to operate Berea College owned, leased, or rented vehicles. Students are authorized to operate a vehicle provided they have departmental approval and driving is related to Berea College business or academic activities. A valid driver’s license is required for all drivers.
2. The driver is responsible for the protection and safe operation of the vehicle. The operator should obey all traffic laws and rules of safe driving, and the operator is responsible for traffic violations and fines including parking violations.

Driver Responsibilities

1. Present a current and valid state driver’s license.
2. Submit a completed “Authorization Form” for approval for use of Berea College owned, leased, or rented vehicle.
3. Completion of a driving records check. 
4. Completion of Berea College Defensive Driving program (if under the age of 26).
5. Agree to operate Berea College owned or leased vehicles in accordance with local, Federal laws and Berea College policies.

Departmental Responsibilities

1. Ensure that only approved and properly trained drivers operate Berea College owned, leased, or rented vehicles.
2. Remove from service any departmentally owned vehicles that have become unsafe and have them repaired immediately.
3. Submit completed “Authorization forms” to Public Safety for all prospective drivers within the department.

Enforcement

Failure to comply with the procedures detailed in this policy may result in disciplinary action or termination of motor vehicle privileges.

Use of Passenger Vans

When passenger vans are utilized for Berea College authorized travel the following guidelines shall apply:

1. Drivers must be 18 years or older.
2. Single day total driving mileage per driver should not exceed 5 consecutive hours or 500 consecutive miles.
3. Drivers must have completed a Defensive Driving Class and be in possession of a current Defensive Driving card.
4. Drivers must have completed a Van Driver’s Safety Defensive Driving Class and be in possession of a current Van Driver’s Safety Defensive Driving card.
5. Submission of a list of approved secondary drivers for trips that may require driving in excess of 5 consecutive hours or 500 consecutive miles.

Any questions about the Motor Vehicle Safety Policy should be directed to the Office of Public Safety at ext. 3333.