Student athletes competing in athletics at Lock Haven University shall be subject to all policies and regulations of the University, National Collegiate Athletic Association (NCAA), Conference affiliations (PSAC, A-10, EWL), the City of Lock Haven and the Commonwealth of Pennsylvania, as they pertain to conduct.
Athletics administrators, coaches and student athletes have the responsibility to model appropriate sportsmanlike behavior before, during and after intercollegiate athletic competitions.
If an athletics administrator, coach or student athlete violates any policy or regulation of the University, National Collegiate Athletic Association (NCAA), Conference affiliation (PSAC, A-10, EWL), the City of Lock Haven or the Commonwealth of Pennsylvania, they may be subject to disciplinary action.
In any and all situations, the University reserves the right to take disciplinary action in accordance with the University's Student Rights and Responsibilities procedures.
Individuals attending athletic events at Lock Haven University shall be subject to all policies and regulations of the University, National Collegiate Athletic Association (NCAA), Conference affiliation (PSAC, A-10, EWL), the City of Lock Haven and the Commonwealth of Pennsylvania, as they pertain to personal conduct.
Coaches, officials, athletics administrators and Public Safety officers shall take all precautions to prevent altercations and/or acts of disorderly behavior.
Coaches shall be responsible for the conduct of their teams. Athletics administrators shall make public address announcements or undertake preliminary intervention, as necessary, to prevent incidents from occurring. Public Safety officers and athletics administrators shall enforce all crowd control procedures.
Public Safety officers in attendance at home events in all sports shall position themselves in an area visible to players and spectators.
Public Safety officers shall anticipate problems and move to prevent them. They shall respond to specific requests from officials and/or athletics administrators.
The number of officers present at events shall be determined jointly by Public Safety and athletics administrators.
At the end of contests, and at halftime of contests, Public Safety officers shall ensure the safe transit of officials and visiting team(s) from the competition area to the locker room area. In the event that Public Safety officers are not in attendance, athletic administration will escort officials.
As required by the Federal "Drug-Free Work Place Act of 1988," P.L. 100-690, 120 STAT 4304 et seq, the Lock Haven University of the State System of Higher Education, Commonwealth of Pennsylvania, hereby declares as its policy that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited at any work place under the authority of the Board of Governors. Any employee violating the policy will be referred to the Commonwealth's employee assistance program and/or disciplined, in an appropriate manner, up to and including termination. Discipline, when appropriate, shall be taken under relevant provisions of collective bargaining agreements, Civil Service Policy or the System's Merit Principle Policy
The University has adopted the following statement as a part of the Network of Drug-Free Colleges and Universities.
Membership Guidelines. American society is harmed in many ways by alcohol abuse and drug use — decreased productivity, serious health problems, breakdown of the family structure, and strained societal resources. Problems of abuse have a pervasive impact upon many segments of society — all socio-economic groups, all age levels, and even the unborn. Education and learning are especially impaired by alcohol abuse and drug use. Abuse among college students inhibits their educational development and is a growing concern among our nation’s institutions of higher education. Recent national and campus surveys indicate that alcohol abuse is more prevalent than drug abuse and that institutions increasingly are requesting community support and mounting cooperative efforts to enforce their policies. The Network to Promote Drug-Free Colleges and Universities seeks the participation of colleges and universities who have made a solid commitment throughout their institution to:
Network members shall...
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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children’s education records. When a student reaches the age of 18 or attends a school beyond the high school level, these rights transfer to the student.
The educational goals of Lock Haven University strive to establish a belief that all individuals and groups have certain responsibilities to enhance the overall development of all students and to ensure their rights as members of the University community.
University policy therefore support organizations which are nurtured in an atmosphere of social and moral responsibility, respect for its members, and loyalty to the principles of higher education.
I. Definition. Hazing is defined as, but not limited to, any brutality of a physical nature or any activity which would subject an individual to extreme mental stress. Hazing includes any willful destruction or removal of public or private property and any activities which interfere with the educational goals of Lock Haven University. For purposes of this definition, any activity as described, upon which the initiation, admission into, affiliation with or continued membership in an organization is directly or indirectly conditioned, shall be presumed to be “forced” activity, in spite of the willingness of an individual to participate in such activity. This policy shall include all acts constituted as hazing on or off the University campus and in compliance with PA Act 175 and any other additionally enacted legislation.
PA ACT 175
Pennsylvania Act 175 of 1986 prohibits fraternities, sororities, and other student organizations from hazing applicants for membership or from hazing persons who are already members to maintain their memberships in organizations. An organization and its members are engaged in hazing if it engages in any activity, for purposes of initiation or continuing membership, which recklessly or intentionally endangers the physical or mental health of a student. This means any potential dangerous forced physical activity; any activity which could cause a student to suffer extreme mental stress, as well as any other form of forced activity potentially harmful to the mental health of dignity of a student.
Hazing activities include, but are not limited to: whipping, beating, forced calisthenics, exposure to elements, forced consumption of food, liquor, drugs (legal or illegal) or any other substance, sleep deprivation, forced exclusion from social contact, conduct which could result in extreme embarrassment, nudity, coerced sexual activity, confinement, physical restraint, or mental harassment.
An organization and its student members are also engaged in hazing if pledging, initiation or continuing membership activities cause the willful destruction of or removal of public property.
Act 175 provides that no student can consent to being hazed. Any activity falling within the definition of hazing activities is considered to be forced activity, subjecting the organization and its members to the full range of penalties.
Any organization found to have engaged in hazing may have its official recognition revoked. Any student who participates in hazing may be fined, suspended, or dismissed from the University via the University Judicial System. Hazing is also a criminal penalty, and students are subjected to arrest and prosecution under the Pennsylvania Crime Code. Conviction may result in a term of one year in addition to any other applicable penalty under the Pennsylvania Crime Code.
A. Physical Hazing
Purpose: This policy addresses the use of information technology resources (IT resources) at Lock Haven University of Pennsylvania (“the university”). IT resources are intended to support the university’s instructional, research, and administrative operations.
Scope: This policy applies to all users of IT resources owned or operated by Lock Haven University of Pennsylvania. Users include students, faculty, staff, contractors, and guest users of computer network resources, equipment or connecting resources. Use of the university’s IT resources signifies agreement to comply with this policy.
Objective: The objective of this policy is to create a framework to ensure that IT resources are used in an appropriate fashion, and support the university’s mission and institutional goals.
Policy: Use of the university’s IT resources is a privilege and signifies agreement to comply with this policy. Users are expected to act responsibly, and follow the university’s policies and any applicable laws related to the use of IT resources. This policy provides regulations to assure IT resources are allocated effectively.
While the university recognizes the role of privacy in an institution of higher learning, and will endeavor to honor that ideal, there should be no expectation of privacy of information stored on or sent through university-owned IT resources, except as required by law. For example, the university may be required to provide information stored in IT resources to someone other than the user as a result of court order, investigatory process, or in response to a request authorized under Pennsylvania’s Right-to-Know statute (65 P.S. §67.101 et seq.). Information stored by the University may also be viewed by technical staff working to resolve technical issues.
Definitions: Information Technology (IT) resources include, but are not limited to, all university owned or operated hardware, software, computing equipment, systems, networks, programs, personal data assistants, cellular phones, fax, telephone, storage devices, cable television, input/output, connecting devices via either a physical or wireless connection regardless of the ownership of the device connected to the network, and any electronic device issued by the university. IT resources include all electronic media, voice, video conferencing and video networks, electronic mail, and related mediums such as blogs, wikis, websites, and electronic records stored on servers and systems.
A. Responsibilities of Users of IT Resources
Purpose and Background: Lock Haven University recognizes that smoking and tobacco present a health and safety hazard which can have serious consequences for the University Community and the safety of Lock Haven University property.
Definition: For the purposes of this policy, “smoking and tobacco” shall mean all uses of tobacco, including cigars, cigarettes, pipes, and smokeless tobacco.
Policy: It is the policy of Lock Haven University to recognize the preferences of both non-users and users of tobacco as they affect the use of University buildings and facilities. When these preferences conflict, faculty, staff, and students will endeavor to find a satisfactory compromise.
Emergency and Inclement Weather Information Information about school delays, closings, and emergencies is available in a variety of ways:
Preamble: An academic community exists for the communication of knowledge and for the development of creativity and critical judgment in a sustained and independent search for truth. Lock Haven University supports the transmission of knowledge, the pursuit of truth, the development of students and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals.
As a member of the University’s community, students are encouraged to demonstrate critical judgment and to engage in activities that respect the rights and privileges of the individual and others. Academic freedom is essential to the functioning of this community of scholars.
Freedom to teach and freedom to learn are inseparable facets of academic pursuits. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus and in a community at large. The responsibility to secure and respect general conditions conducive to learning is shared by all members of the University community.
The goal of this University is to govern its members by fair and unobstructed measures of desired conduct. The governance includes activities students participate in through their academic work as well as their social activities. Behavior that deviates from these measures will be dealt with in accordance with the procedures that apply to this community and its standards.
Student Rights and Responsibilities Article I. No student shall be denied any educational or social opportunity because of race, religion, gender, creed, color, or national origin.
Article II. No full-time student shall be denied the right to vote for student government officials or in referendums affecting him/her with a validated university identification card.
Article III. Any student or student organization shall have the right of free expression (for example, personal physical appearance, publications and speech), so long as it does not conflict with the Constitution of the United States or federal and state law.
Article IV. Any student or student organization shall have the right to assemble, form, join or support an organization for any purpose so long as it does not conflict with the Constitution of the United States and/or federal and state law.
The University and student government shall have the right to require that an organization state its function and purpose in order to gain recognition on campus.
The University shall not discriminate against or punish any student for participation in any assembly or membership in any organization, so long as the assembly or organization is lawful under the Constitution of the United States and/or federal and state law.
Article V. Any student or student organization shall have the right to hear a speaker. This article is not intended to give the rights to commercial speech. Those routine procedures required by the institution before a guest speaker is invited to appear on campus shall be designed only to ensure that there is orderly scheduling of facilities and adequate preparation for the event, and that the occasion is conducted in a manner appropriate to an academic community. The institutional control of campus facilities shall not be used as a device of censorship. It shall be made clear to the academic and larger community that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed, either by the sponsoring group or by the institution.
Article VI. A student’s personal effects shall be free from seizure except as authorized by law and the code of conduct. The student shall be previously notified and present, if possible, during a search. Article VII. Activities of students may upon occasion result in violation of the law. In such cases, University officials should be prepared to advise students of sources of legal counsel and may offer other assistance. Students who violate the law may incur penalties prescribed by civil authorities. The student who incidentally violates institutional regulations in the course of his/her off-campus activity shall be subject to no greater penalty than would be imposed normally. University action shall be independent of community pressure.
Article VIII. Readmission after voluntary withdrawal. A student may elect to voluntarily withdraw from the University while criminal charges against him or her are pending in the external judicial system. In such an event, should the student wish to be readmitted to the University subsequent to his or her withdrawal, the student must petition the Dean of Student & Residence Life in writing, seeking readmission. The Dean of Student & Residence Life or designee shall determine whether readmission is appropriate at that time. The Dean of Student & Residence Life or designee shall have discretion to take into account any matters of fact, recommendations of Public Safety or other professionals, and/or other appropriate information, including from the student seeking readmission that is available. The Dean of Student & Residence Life or designee may impose such conditions on readmission as he/she determines are reasonable and appropriate. The determination of the Dean of Student & Residence Life or designee shall be appealable by the student seeking readmission to the Vice President for Enrollment Management and Student Affairs of the University. The University also reserves the right at any time and all times to commence campus disciplinary proceedings against any student.
Conduct Jurisdiction: The University reserves the right to take necessary action to protect the safety and well-being of the campus community, its students, faculty, facilities and programs. All students, regardless of where they live, are members of the academic community with the same basic rights and responsibilities. All students are subject to the student disciplinary code. Violations which occur off campus may be dealt with by the University.
Students are expected, as citizens, to abide by the laws and regulations of the City of Lock Haven, the Commonwealth of Pennsylvania and the United States of America, in addition to those of the University. Students who violate the law may incur penalties prescribed by civil authorities. In such cases when the University’s interests are involved, the authority of the University may be asserted. The President or designee shall determine if the interests of the University are involved and if judicial action is necessary.
Violation of a University regulation which is a violation of civil law or violation of civil law which affects the University shall be procedurally handled as a University disciplinary situation regardless of whether or not the courts prosecute. Disciplinary action at the University will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced. Finally, implementation of University disciplinary authority does not protect the student from, nor does the University necessarily consider it to be a substitution for, civil process or criminal prosecution.
Student organizations and groups formally approved by the University or its affiliates are subject to the same regulations as individual students. Cases shall be considered if a significant number of students involved in the alleged offense belong to an organization or group or if planning and leadership responsible for an alleged offense came from student members of an organization or group. Sanctions for group or organization misconduct may include probation, withdrawal of official recognition or limitations on the use of facilities and privileges afforded by the University, as well as other appropriate sanctions as provided in this code.
In general, the University’s disciplinary authority attempts to promote:
The following disciplinary sanctions comprise a range of official action which may be imposed for violation of regulations. One or more sanctions may be imposed. It should be noted that the University refund policy directs that 56 “when a student has been suspended or dismissed from the University for disciplinary reasons, refunds are not available.” Further, if the disciplinary action results in the loss of any University-contracted service for the student, no refund is available.
Disciplinary Warning: This written action is taken when the individual’s conduct or involvement merits an official admonition. The student is warned that further misconduct may result in more severe disciplinary action.
Disciplinary Probation: Probation Level l - A serious form of reprimand that is fitting for the type of violation or repeated violations as designated for a certain period of time by the Hearing Officer or University Judicial Board. In addition, the Hearing Officer/Judicial Board may impose additional requirements, not limited to letters of apology, research papers, community service or other activities. An individual or group may lose privileges including but not limited to specific activities, specific privileges and use of facilities. The student may, if deemed appropriate, represent the University in activities and hold office in student organizations during the time stipulated as probationary. The student is notified that further infractions of any University regulation may result in more stringent action being placed on his/her actions.
Disciplinary Probation Level II - The most serious level of disciplinary sanction short of suspension from the University. The student remains enrolled at the University under circumstances defined by the Hearing Officer or University Judicial Board. The student may not represent the University in any official capacity or hold office in any student organizations. The student is considered to “not be in good standing.” Examples representing the University in an official capacity are [but not limited to]: participation in varsity or non-varsity intercollegiate athletic events or teams, recognized student organizations, theater groups or productions, musical organizations, student government officials, or any official recognized responsibility as related to campus employment. This probation level indicates to the student that further violations[s] of any University regulations will result in more stringent disciplinary action, including but not limited to dismissal or suspension from the University. Additional restrictions may be placed on the student while on Level II probation, not limited to but including loss of on-campus housing privileges, restriction from campus events and activities. In addition, the Hearing Officer/Judicial Board may impose additional requirements, not limited to letters of apology, research papers, community service or other activities. An individual or group may lose privileges including but not limited to specific activities, specific privileges and use of facilities.
Creative Discipline: This action selected will commensurate with the offense. The objective of this sanction is education and rehabilitation. Such action could include letters of apology, research papers, community service, and other such creative educational activities.
Suspension of Privilege: An individual or group will lose privileges that allow him/her/them to participate in specific activities, use specific facilities, or exercise specific privileges. Imposition of this sanction shall also be noticed to the President.
Residence Hall/Suites/Apartment Complex Reassignment or Removal: This action is an involuntary reassignment to or removal from on-campus housing. Removal from the residence halls is for a designated period of time. Usually, a student is given forty-eight hours to remove all belongings from an assigned space. This may include restricted visitation privileges.
Suspension of Group Recognition: This action consists of the withdrawal for stated periods of time all or part of the official recognition of a group found in violation of University regulations. Such action may include conditions for reinstatement of recognition. Total removal or recognition shall result in complete suspension of the activity of the group. Imposition of this sanction shall also be noticed to the President.
Revocation of Group Recognition: This action is permanent cancellation of the official University recognition and privileges of a group found in violation of University regulations. This action shall result in complete suspension of the group. Imposition of this sanction shall also be noticed to the President.
Restitution Fines: The student or organization may be required to make payment to the University or to another specified person(s) or group(s) for damages incurred as a result of a violation of any provision of the Student Code of Conduct. Restitution Fines may be demanded by the University in addition to any other sanction applied. Restitution Fines may include an administrative fee for processing.
Interim Suspension: The President or his/her designee may suspend a student for an interim period pending full disciplinary proceedings whenever there is evidence that the continued presence of the student on the University campus poses a substantial threat to the safety and/or well-being of any person or persons, University property, or the property of others. An interim suspension may become effective immediately without prior notice. A student suspended on an interim basis shall be given an opportunity to appear before a hearing officer within 10 or less school days from the effective date of the interim suspension.
During an interim suspension, the student will be barred from all or part of the University’s premises. Any student under interim suspension who returns to the portion of campus to which he/she was barred without permission from the Dean of Student & Residence Life will be subject to dismissal and/or arrest for trespassing.
At the time the student is notified of the interim suspension, it will be determined whether or not the student may attend classes.
Pending felony charges may result in a suspension with a hearing occurring within thirty (30) days. Imposition of this sanction shall also be noticed to the President.
Suspension: This action is one of involuntary separation of the student from the University for a designated period of time. After this period of time, the student is eligible to return. The University Hearing Officer may establish additional requirements which must be fulfilled to his/her satisfaction, prior to reinstatement. The student shall not participate in any University sponsored activity and may be barred from University premises during suspension. Imposition of this sanction shall also be noticed to the President.
Dismissal: This action is one of the involuntary and permanent separation from the University. The student will also be barred from University activities and premises. Imposition of this sanction shall also be noticed to the President.
Any violation of the alcohol policy will subject the student to the following minimum disciplinary sanctions: NOTE:Off-campus violations shall also be considered in the levels of offense.First Offense
Any violation of the Illegal Drug and Drug Paraphernalia policy will subject the student to the following minimum disciplinary sanctions: NOTE: Off-campus violations shall also be considered in the levels of offense.
Level 1 Offense
Three distinct levels of disciplinary procedures have been designated to insure the rights of due process and a fair hearing. Incidents occurring in a residence hall that lead to a violation of its rules and regulations and/or conduct regulations stipulated in this document will be processed by a Hearing Officer and follow the guidelines outlined under Procedures for Handling Residence Facility Violations. Incidents that involve an individual who may be suspended from a residence hall or the University, student organizations, any part of campus buildings and grounds, or incidents off-campus, will be processed according to procedures outlined in Procedures for Conduct Violations. Incidents involving allegations of Sexual Misconduct will follow the Procedures for Title IX Complaints of Student Against Student.
Alleged incidents of conduct violations will be reviewed by a University Hearing Officer, the University Judicial Board, or the Title IX Judicial Board. Conduct violations receive a minimum sanction of disciplinary warning and a maximum sanction of dismissal from the University. Appropriate financial restitution is to be made as adjudicated by University Officials.
Hearings are conducted to resolve serious matters or repeated alleged violations of Code of Conduct regulations. The option of University Judicial Board may only be chosen if there are major questions of fact to resolve the charges and in which suspension or dismissal could be a result. The accused may select one of two hearing options listed below. However, at the discretion of the Dean of Student & Residence Life or designee, cases involving immediate health, safety or psychological issues will be reviewed by a University Hearing Officer or designee only. When processing through either option, the Dean of Student & Residence Life or designee will designate personnel to examine the allegation[s], to determine the actual charge[s] and to present the University’s case during the hearing, when appropriate.
An informal disposition of the disciplinary charge[s] can be achieved mutually by the student[s] and the University. Informal disposition may not be used for issues involving Sexual Misconduct.
A. University Hearing Officer
A formal appeal must be submitted in writing within five (5) business days of the receipt of the outcome of the hearing. Formal appeal of a decision reached by the University Hearing Officer must be made to the University Judicial Board. Formal appeal of a decision reached by the University Judicial Board will be to the University Hearing Officer. Failure to submit the appeal in writing within the allotted time will render the original decision final and conclusive.
An appeal must be based upon one or more of the following conditions:
Alleged incidents involving minor violations of the Student Code of Conduct and Residence Facilities Violations will be reviewed by the Dean of Student & Residence Life or designee. Violations of the Code may receive a disciplinary warning, disciplinary probation, creative discipline, suspension of privileges, restitution and/or reassignment or removal from a residence hall.
A. Preliminary investigation
Once a written complaint is received by a Residence Hall Director, an investigation will be conducted to determine if a violation has occurred. The Residence Hall Director will establish the charge(s) and the degree of the involvement of all parties. This may involve a discussion with the complainant.
The term University Judicial Board shall mean a judicial organization of at least three (3) members with authorization to hear incidents that involve Code of Conduct violations that may result in dismissal from the University.
The term University shall refer to the community of faculty, staff and students at Lock Haven University.
The term student shall include any person currently registered or in the process of registration at the beginning of an academic semester for a course, program or activity at the University.
The term faculty member shall mean any person employed by the University who holds academic rank or performs teaching or research duties.
The term staff member shall mean any person employed by the University or University affiliate or the Student Auxiliary Services, Inc. who is not considered faculty.
The term University premises and/or facilities shall mean all buildings or grounds owned, leased, operated, controlled or supervised by the University or the Student Auxiliary Services, Inc.
The term organization shall mean a group of persons who have complied with University requirements for registration or recognition or those of the Student Auxiliary Services, Inc.
The term Hearing Officer shall mean a Residence Hall Director, a Dean, or designee.
The term University Hearing Officer shall mean a Dean or designee.
The term University sponsored activity shall mean any activity on or off campus which is initiated, aided, authorized or supervised by the University or University affiliate.
The terms will or shall are to be used in the imperative sense, not imparting a choice.
The term may is to be deemed permissive, imparting a choice.
A. Statement of Purpose
Lock Haven University (“University” or “LHU”) is committed to providing an environment that establishes and promotes the safety, dignity and worth of all individuals. Sexual misconduct includes a variety of acts that are perpetrated against another without consent or when an individual is unable to freely give consent. Accordingly, the University will not tolerate any form of sexual misconduct, including sexual assault, rape, sexual harassment, sexual exploitation, domestic violence, dating violence, stalking or sexual abuse of any kind. It is the responsibility of the University community to assist students when reporting incidents of sexual misconduct and to work with appropriate officials to promote an educational environment that that will not tolerate sexual misconduct of any kind against students or visitors.
Internal complaints of sexual misconduct filed against students will be investigated and appropriate disciplinary action taken as determined through the University’s judicial process or LHU Sexual Harassment Policy.
In an on-going effort to prevent sexual misconduct of any kind and in addition to providing various security measures, the University is committed to making available, through a variety of channels, relevant educational information and programs.
It is University practice to comply with all federal and state-related statutes for reporting and publishing sexual offense statistics and to provide a safe environment for students and employees. Please see the Public Safety website through LHU’s website located at http://www.lockhaven.edu/publicsafety/. Our campus is not immune to incidents of violence and the University community will be educated about the impact sexual misconduct has on victims. Personal safety and crime prevention guidelines are published in the University’s Emergency Response Guide and on Public Safety’s website. All students, faculty and staff are encouraged to enroll in the e2Campus emergency text messaging alert system. In addition, yellow emergency call boxes are available throughout the campus.
B. Definition of Terms
Sexual misconduct covers a variety of acts that are perpetrated against another without consent or when an individual is unable to give consent freely. Anyone can be a victim regardless of their gender or sexual orientation. Sexual misconduct includes, but is not limited to, the following: Non-consensual sexual intercourse, non-consensual sexual contact, sexual harassment, and sexual exploitation.
Consent to Sexual Activity: Consent to sexual activity is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent can only be given by a person who has control of his/her mental and physical capabilities. Consent to sexual activity may be withdrawn at any time. Consent to one form of sexual activity does not equate to consent to another form of sexual activity. Previous sexual activity does not imply consent to any future sexual activity.
Non-Consensual Sexual Intercourse: Rape (date, acquaintance, and stranger) includes all acts of non-consensual sexual intercourse involving any penetration of a body cavity with a foreign object, tongue, digit, or genitalia. A rape occurs when imposed under any of the following circumstances:
a. When the complainant is incapable of giving consent for medical, developmental, or physical reasons, and this fact is known or reasonably should have been known by the person committing the act; or
b. When the act is committed without the person’s consent or is against the person’s wishes. Rape incorporates any or all of the following: the use of force, threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm; or
c. When the complainant is prevented from consenting or resisting because of incapacitation, intoxication, or unconsciousness at the time of the act.
Non-Consensual Sexual Conduct:
a. Sexual Assault: The imposition of non-consensual sexual conduct (excluding rape) by a person upon another person, without consent and/or by physical force. It includes, but is not limited to, caressing, fondling, or touching a person’s genitalia, buttocks, or breasts. It shall also be considered sexual assault when the complainant is compelled to caress, fondle, or touch the assailant’s genitalia, buttocks, or breasts.
b. Sexual Contact: Any non-consensual, intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or other orifice by a person upon another person, without consent and/or by physical force. Sexual Harassment: Any prohibited behavior defined under the LHU Sexual Harassment Policy.
Sexual Exploitation: Taking non-consensual sexual advantage of another. Sexual exploitation includes, but is not limited to, prostituting another person, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over another person, the non-consensual recording, photographing, or transmitting of identifiable images of private sexual activity and/or intimate body parts (including genitalia, groin, breasts or buttocks), knowingly allowing another person to surreptitiously watch otherwise consensual sexual activity, engaging in nonconsensual voyeurism, knowingly transmitting or exposing another student to sexually transmitted infection or diseases without the knowledge of the student, exposing one’s genitals in non-consensual circumstances or inducing another to expose their genitals, and sexually based stalking and/or bullying.
Dating Violence, Domestic Violence, Stalking:
a. Dating Violence: Violence committed by a person who is or has been in a romantic or intimate relationship with the complainant. Whether such a relationship exists will be gauged by the length, type, and frequency of interaction between the complainant and the respondent.
b. Domestic Violence: Misdemeanor and felony crimes of violence committed by the complainant’s current or former spouse, or the complainant’s current or former cohabitant who has been regarded as a spouse, or a person similarly situated under domestic or family violence laws, or a person with whom the victim shares a child in common, or anyone else against an individual protected under domestic or family violence laws.
c. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for their safety or other’s safety; or (B) suffer substantial emotional distress.
C. Support for Victims of Sexual Misconduct
All University staff will take all reports of sexual misconduct seriously and treat the complainant with sensitivity and respect. The University recognizes that sexual misconduct is more than an assault on an individual’s body, but is also an invasion on the individual’s dignity and sense of self. Out of respect for the individual choices available to a sexual misconduct victim and to support her/his privacy needs after an incident, the University leaves the decision to file a student judicial report, a formal sexual harassment complaint, or criminal charges up to the individual. Resources for assistance may be discussed, but all members of the University community shall abstain from demanding that the victim either report, not report, or under-report sexual misconduct. The University reserves its right to investigate an incident using all available information from any source, and will cooperate with the efforts of campus, local, state and federal law enforcement agencies to apprehend individuals who may have committed acts of sexual misconduct.
Victims who report sexual misconduct to the University Title IX Coordinator or other University officials are to be informed by that office of their options of available support services (see Section G, below) and options for filing charges. University personnel are advised to refer sexual assault victims who come to their attention to the University Title IX Coordinator.
Health care, counseling and other support services are available for student victims. The University Title IX Coordinator or other University official[s] may assist victims other than students through referral to resources similar to those available for students (see Section G, below).
D. University Complaint System and Student Rights
A student victim has the right to file a written complaint pursuant to the University judicial process. To file a formal written complaint, the victim should go to or call the University Title IX Coordinator or other University official or a judicial officer. At the Clearfield Campus, the student victim should go to or call the office of the Director of Clearfield Campus. The victim will have the right to file or not to file a complaint. The following rights of a complainant in sexual based misconduct will be afforded in all University student judicial procedures:
I. Sexual Harassment Policy Statement
It is the policy of Lock Haven University to prohibit sexual harassment. Lock Haven University is committed to providing a learning and working environment that enhances the dignity and worth of every member of our community. To this end, the community must be free of sexual harassment.
All employees, students, contractors and vendors are to comply with federal laws, state laws, regulations, and policies that relate to sexual harassment. The coverage of this policy extends to visitors on Lock Haven University campuses.
It must be understood that the University will take action to prevent sexual harassment. Any employee of the University found to be in violation of this policy will be subject to appropriate disciplinary action up to and including discharge. Students will be referred to the Office of Student and Residence Life for appropriate disposition up to and including dismissal from the University. Contracts of vendors are subject to all remedies.
II. Legal Authority
Harassment on the basis of sex is a violation of Title VII of the U.S. Civil Rights Act of 1964, 42 U.S.C §2000e et seq., Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq., the Pennsylvania Human Relations Act, 43 P.S. §951 et seq., and the Pennsylvania Fair Educational Opportunities Act, 24 P.S. §5001et seq.
III. DefinitionsComplainant: The person who is alleging the occurrence of sexual harassment.
Dating violence: Violence by a person who is or has been in a romantic or intimate relationship with the complainant. Whether such a relationship exists will be gauged by the length, type, and frequency of interaction between the complainant and respondent.
Domestic violence: Misdemeanor and felony crimes of violence committed by:
Investigating and Resolving Complaints of Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence Committed by Students Against Students Under the Sexual Harassment and Complaint Procedures Policy I. INTRODUCTION
Lock Haven University (University) is committed to providing a safe and nondiscriminatory environment for all members of the University community. The University prohibits sexual assault, sexual exploitation, domestic violence, dating violence, stalking, sexual harassment, and gender based harassment (together, “Sexual Misconduct”). These forms of Sexual Misconduct are defined in the University’s Sexual Harassment and Complaint Procedures (Policy) and the statement on Sexual Misconduct.
These PROCEDURES FOR COMPLAINTS AGAINST STUDENTS (Procedures) explain the process the University will follow when it receives a report alleging sexual misconduct by a student. The University will use these Procedures to investigate and adjudicate any such allegations and to impose disciplinary sanctions against students found responsible for violating the Policy.
Faculty, staff, and student employees who become aware of an incident of sexual misconduct involving a student must immediately report the incident to the University. The University encourages anyone who experiences or becomes aware of an incident to report it to the University through the following reporting options:
A Complainant may choose to make a report to the University to pursue resolution under these Procedures and may also choose to make a report to law enforcement. A Complainant may pursue either or both of these options at the same time. As set forth in the Policy, a Complainant who wishes to pursue criminal action in addition to, or instead of, making a report under these Procedures should contact law enforcement directly: