Policies & Regulations
Policies & Regulations
Arkansas State University-Mountain Home is committed to offering all students, employees, applicants for employment, and other interested parties the rights and protections afforded them by federal and state laws. ASU-Mountain Home ensures that the following laws and regulations will be carried out as they pertain to those constituencies:
Section 504 of the Rehabilitation Act of 1973
Title II of the Americans with Disabilities Act of 1990 (Title II)
Title IX of the Education Amendments of 1972 (Title IX)
The Age Discrimination Act of 1975 (Age Act)
TITLE IX OF EDUCATION AMENDMENTS
Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federallyfunded education program or activity.
Title IX benefits both males and females, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Under this law, males and females are expected to receive fair and equitable treatment in all areas of public schooling including recruitment, admissions, educational programs, and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual, discrimination and athletics. Arkansas State University has designated a Title IX coordinator for each campus. Any incidence of sexual discrimination including sexual harassment or sexual violence should be reported to the Title IX coordinator who will take prompt action to secure a full and equitable review. In the event the sexual discrimination allegation is against the Title IX coordinator, the report should be made to the Office of University Counsel.
SEXUAL DISCRIMINATION IN THE ASU SYSTEM
Arkansas State University is committed to providing an educational and work environment for its students, faculty, and staff that is free from sexual discrimination including sexual harassment, sexual assault, sexual violence, stalking, domestic violence, and dating violence. No form of sexual discrimination will be tolerated.
Sexual Harassment is defined as unwelcome gender-based verbal or physical conduct that is severe, persistent or pervasive and occurs when:
Submission to, or toleration of, such conduct is made a term or condition of instruction, employment, or participation in other university activities;
Submission to, or rejection of, such conduct is used as a basis for employment or education decisions affecting the individual; or
Such conduct has the effect of unreasonably interfering with an individual's education or employment performance or creating an intimidating, hostile, or offensive university environment.
Sexual assault occurs when a person is subjected to an unwanted sexual act by force or threat without consent. Sexual acts occur without consent when they are perpetrated against a person’s will or where a person is incapable of giving consent due to minority, intellectual impairment, or use of mind altering substances such as drugs or alcohol.
Sexual violence includes sexual assault but may also consist of an attempt to obtain a sexual act or sexual advances using coercion which do not result in a completed sexual act.
Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.
Domestic Violence is defined as felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Arkansas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic of family violence laws of the State of Arkansas.
Dating Violence is defined as violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship.
It is important to preserve all evidence of sexual discrimination, especially if the discrimination is also a criminal offense, such as sexual assault, sexual violence, stalking, domestic violence, or dating violence.
Supervisors and staff members must recognize that their positions necessarily embody unequal power relationships with their subordinates and students. Because of the inherent power differences in these relationships, the potential exists for the less powerful to perceive a coercive element in suggestions relative to activities outside those appropriate to the professional relationship. It is the responsibility of supervisors and staff members to behave in such a manner that their words or actions cannot reasonably be perceived as coercive.
Each campus has a Title IX Coordinator who is charged with investigating allegations of sexual discrimination including sexual harassment, sexual assault, sexual violence, stalking, domestic violence and dating violence. Employees with supervisory responsibilities and university police personnel must report incidents of sexual discrimination either observed by them or reported to them to the Title IX Coordinator who will conduct an immediate, thorough, and objective investigation of all claims. If sexual discrimination has occurred, appropriate remedial action commensurate with the severity of the offense will be taken up to and including termination. All reports, complaints, and investigations are treated with discretion and confidentiality is maintained to the extent allowed by law.
The Title IX Coordinator will notify the appropriate law enforcement agency of all reports of sexual assault, sexual violence, stalking, domestic violence or dating violence. The person who has allegedly been subjected to sexual discrimination may also contact law enforcement and may seek an order of protection, no contact order, or similar order. The Title IX Coordinator will assist the person alleging to be subjected to sexual discrimination with locating resources for counseling, medical treatment, legal advice, victim advocacy, or other services.
Each campus within the Arkansas State University System provides educational materials and programs on sexual discrimination. Contact the Human Resources Department or Title IX Coordinator for information on awareness and prevention of sexual discrimination.
The University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual discrimination in order to protect individuals’ rights and personal safety. Such measures include, but are not limited to, modification of campus living or employment arrangements, interim suspensions from campus, no contact or communications requirements, leave with or without pay, and reporting the matter to law enforcement. Persons reporting allegations of sexual discrimination must follow the Sexual Discrimination Grievance Procedure.
RETALIATORY ACTION PROHIBITED
Retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice is prohibited by law and Arkansas State University. Any person who needs further explanation or who believes he or she has been retaliated against should contact the Human Resources Department.
Freedom of Expression
No rights are more highly regarded at ASUMH than the first amendment guarantees of freedom of speech, freedom of expression, and the right to assemble peaceably. ASUMH remains firmly committed to affording each member of the university community the opportunity to engage in peaceful and orderly protests and demonstrations. However, these activities must not disrupt the operation of the university. Additionally, such opportunities must be provided on an equal basis and adhere to the basic principle that the university will remain neutral as to the content of any public demonstration. In order to achieve this objective, while at the same time insuring that the institution fulfills its educational mission, the university has the responsibility to regulate the time, place, and manner of expression. Through such regulation, equal opportunity for all persons can be assured, order within the university community can be preserved, university property can be protected, and a secure environment for individuals to exercise freedom of expression can be provided.
The following provisions and regulations shall apply to faculty, staff, students, student organizations, and visitors:
Speeches and Demonstrations. The area designated as the Freedom of Expression Area for speeches and demonstrations at ASUMH is at the flag court located on the west side of the campus. This area will generally be available for this purpose between 8:00 a.m. and 5:00 p.m. Monday through Friday. Use of this area for speaking, demonstrating and other forms of expression will be scheduled through the vice chancellor for administrative affairs in order to accommodate all interested users.
Distribution of Written Material. Non-commercial pamphlets, handbills, circulars, newspapers, magazines and other written materials may be distributed on a person-to-person basis in the following designated areas:
• Freedom of Expression Area
No stand, table or booth shall be used in the Freedom of Expression Area without permission from the vice chancellor for administrative affairs. The university maintains a position of neutrality as to the content of any written material distributed on the campus under this policy.The distribution of commercial materials and publications is prohibited.
Marches. Marches may take place on the streets of the campus. In order to insure the safety of all individuals, the vice chancellor for administrative affairs must approve plans for an event of this nature at least 3 business days in advance.
Provisions. In order that persons exercising their freedom of expression not interfere with the operation of the university or the rights of others, the following stipulations shall apply, without exception, to any form of expression and will be used to evaluate any plan requiring approval. Reasonable limitations may be placed on the time, place and manner of speeches, demonstrations, distribution of written material, and marches in order to serve the interests of health and safety, prevent disruption of the process, and protect against invading the rights of others.
Events that may obstruct vehicular, pedestrian or other traffic must be approved at least 3 business days in advance by the vice chancellor for administrative affairs.
Use of sound amplification on campus is regulated and must be approved by the vice chancellor for administrative affairs at least 3 business days in advance.
There must be no obstruction of entrances or exits to the buildings.
There must be no interference with educational activities inside or outside of buildings.
There must be no impediment to normal pedestrian or vehicular traffic or other disruptions of university activities.
There must be no interference with scheduled university ceremonies, events or activities.
Damage or destruction of property owned or operated by the university, or damage to property belonging to students, faculty, staff or guests of the university is prohibited. Persons or organizations causing such damage shall be held financially responsible.
Persons or organizations responsible for a demonstration or other Freedom of Expression event must remove all resulting structures, signs and litter from the area at the end of the event. If this is not accomplished, persons or organizations responsible for the event shall be held financially responsible.
There must be compliance with all applicable state and federal laws and university policies, rules and regulations.
Visitors to the campus and all others violating these regulations regarding time, place and manner of speech and demonstration will be subject to immediate eviction or removal from the campus and may be subject to appropriate legal action.
Safe & Drug Free Schools & Communities Act
The purpose of the SDFSCA is to support programs that: (1) prevent violence in and around schools; (2) prevent the illegal use of alcohol, tobacco, and drugs; (3) involve parents and communities; and, (4) are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that promotes student academic achievement.
ASUMH seeks to maintain an educational and working environment free from the influence of alcohol.
The unlawful manufacturing, distributing, dispensing, possessing or using of alcoholic beverages on any property owned or maintained by Arkansas State University – Mountain Home or as a part of university activity is strictly prohibited. Possession of any alcoholic beverages in educational facilities or recreational facilities is prohibited unless specifically authorized by the Chancellor for special events only and confirmed by written agreement setting out the terms controlling the use of university property for the special event. Under no circumstance shall any student or student group be authorized to possess alcoholic beverages in any educational facility or recreational facility. The sole exception to student possession of alcohol as set out above shall be for students of lawful age who attend a special event authorized by the Chancellor. This policy is adopted to comply with all current laws and regulations relating to the Federal Drug-Free Schools and Communities Act and the Drug-Free Workplace Act.
Students who violate this policy are subject to appropriate disciplinary action, up to and including dismissal. The university may refer violations to the appropriate state and federal authorities for criminal prosecution.
ASUMH seeks to maintain an educational and working environment free from the influence of unlawful drugs.
The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance on any property owned or maintained by ASUMH or as a part of university activity is strictly prohibited. This policy is adopted to comply with all current laws and regulations relating to the Federal Drug-Free Schools and Communities Act and the Drug-Free Workplace Act.
Treatment and Support
Resources and support for students related to drug and alcohol prevention, counseling, and referrals are coordinated through the Office of Student Support Services. Students seeking assistance should contact the Office of Student Support Services at (870) 508-6168, email firstname.lastname@example.org, or visit room R312 in Roller Hall. Faculty and staff seeking assistance should contact the Office of Human Resources at (870) 508-6200, email email@example.com, or visit room C119 in the Vada Sheid Community Development Center.
Tobacco Free Campus
As of August 1, 2009, Arkansas State University-Mountain Home is a tobacco-free campus. All forms of tobacco, including cigarettes, smokeless tobacco, cigars, and pipes, are prohibited on campus. This includes in buildings, on university property, in parking lots, and in vehicles on parking lots/streets owned by the university. Thank you for your cooperation in making ASUMH tobacco free.