FEDERAL AND STATE POLICIES

 

DRUG POLICY

The University will uphold the federal and state laws concerning the illegal use, possession, consumption, sale, trafficking, manufacturing, dispersing, and/or distribution of drugs, narcotics, controlled substances, counterfeit substances and drug paraphernalia. Any student found in violation of this policy will be referred to the Office of Student Discipline. If found responsible, he/she will be immediately sent to the Office of Student Discipline.

 

FEDERAL LEGAL SANCTIONS CONCERNING DRUGS AND ALCOHOL

Federal law penalizes the manufacture, distribution, possession with intent to manufacture or distribute and simple possession of drugs (“controlled substances”). Controlled Substances Act 21 U.S.C. Sections 841, 843(b), 844, 845, 846 (1988). The following is a list of punishments prescribed for each crime/ offense:

 

Crime/Offense

Jail Time

Fine ($)

1st Degree

10-20 years

Max $100,000

2nd Degree

10 years

Max $100,000

3rd Degree

5 years

Max $7,500

4th Degree

up to 18 months

Max $7,500

Disorderly Persons

 

 

(offense)

up to 6 months

Max $1,000

Petty Disorderly

 

 

(offense)

up to 30 days

Max $500

 

CONTROLLED DANGEROUS SUBSTANCES

Controlled dangerous substances are classified into five different schedules (I-V):

Schedule I

  1. Opiates (Dimepheptanol, Hydroxypethidine, Normethadone)
  2. Narcotics (Acetylcodone, Bensylmorphine, Heroin, Morphine, Nicocodeine)
  3. Hallucinogenic (LSD, Marijuana, Mescaline, Peyote, Psilocybin)

 

Schedule II

  1. Oxycodone (Percodan)
  • Fentanyl (Sublimaze)
  • Methadone (Dolophine)
  • Meperidine (Demerol)

Schedule III

  • Amphetamine (Biphetamine)
  • Phenmetrazine
  • Gluthethimide (Doriden)
  • Phencyclidine

Schedule IV

  • Barbital
  • Meprobamate (Equanil, Miltown)
  • Chloral hydrate
  • Phenobarbital (Donnatal, Bellergal)

Schedule V

  • Codeine
  • Codeine Phosphate (Robitussin)
  • Diphenozylate (Lomotil)

 

SUMMARY OF STATE OF ALABAMA DRUG LAWS

See Code of Alabama 1975 Criminal Code or website www.sos.state.al.us under Codes of Alabama

 

HEALTH RISKS ASSOCIATED WITH THE USE OF DRUGS AND ALCOHOL

Drug and alcohol abuses are problems of overwhelming proportions in our society today. While alcoholism may develop in anyone, it tends to first appear between the ages of 20 and 40 and may be more prevalent in persons with a family history of alcoholism.

 

WHAT ARE THE EFFECTS OF ALCOHOL AND DRUG USE?

Generally, drugs and alcohol impair how your brain takes in and sorts information. Users may feel they are at their best when in reality they are performing poorly. Use can also motivate crime to finance the use and can leave a criminal record behind, which impairs future activities.

 

Alcohol abuse is usually characterized by one of three different patterns:

  • regular daily intoxication, (2) drinking large amounts of alcohol at specifictimes, or (3) periods of heavy daily drinking.

 

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Chronic alcohol abuse can produce irreversible changes, including dementia, sexual impotence, cirrhosis of the liver and heart disease. Death can occur either as a complication of one of these chronic problems, or acutely, secondary to alcohol intoxication by poisoning or aspiration of vomitus or as the result of an automobile accident while driving intoxicated.

 

ALABAMA LAW PROHIBITING HAZING

§16-1-23

HAZING PROHIBITED; PENALTY

    • Hazing is defined as follows:
      • Any willful action taken or situation created, whether on or off any school, college, university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student, or
      • Any willful act on or off any school, college, university, or other educational premises by any person alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for the purpose of committing any of the acts, or producing any of the results to such student as defined in this section
      • The term hazing as defined in this section does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization. The term hazing does not include corporal punishment administered by officials or employees of public schools when in accordance with policies adopted by local boards of education.
  • No person shall engage in what is commonly known and recognized as hazing, or encourage, aid, or assist any other person thus offending.
  • No person shall knowingly permit, encourage, aid, or assist any person in committing the offense of hazing, or willfully acquiescing the commission of such offense, or fail to report promptly his knowledge or any reasonable information within his knowledge of the presence and practice of hazing in this state to the chief executive officer of the appropriate school, college, university, or other educational institution in this state. Any act of omission or commission shall be deemed hazing under the provisions of this section.

 

  1. Any person who shall commit the offense of hazing shall be guilty  of a Class C misdemeanor as defined by Title 13A.
  2. Any person who participates in the hazing of another, or any organization associated with a school, college, university, or other educational institution in this state which knowingly permits hazing to be conducted by its members or by others subject to its direction or control, shall forfeit any entitlement to public funds, scholarships, or awards which are enjoyed by him or by it and shall be deprived of any sanction or approval granted by the school, college, university, or other educational institution.
  3. Nothing in this section shall be construed as in any manner affecting or repealing any law of this state respecting homicide, or murder, manslaughter, assault with intent to murder, or aggravated assault. (Acts 1981, No. 81-824, p. 1466, §§ 1-6.)

 

ALABAMA CLEAN INDOOR AIR ACT

§22-15A-1

HISTORY

 

Effective date:

September 1, 2003

§ 22-15A-1. Short title.

This chapter shall be known and may be cited as the “Alabama Clean Indoor Air Act.” (Act 2003-314, p. 770, § 1.)

 

§ 22-15A-2. Legislative Findings.

The Legislature finds as follows:

Numerous studies have found that tobacco smoke may be a major contributor to indoor air pollution and that breathing secondhand smoke may be a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.

 (2) Health hazards induced by breathing secondhand smoke may include lung cancer, heart disease, respiratory infection, and decreased respiratory function, including bronchospasm. (Act 2003-314, p. 770, § 2.)

§ 22-15A-3. Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

  1. BAR AND LOUNGE. Any establishment which is primarily devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of beverages. Although a restaurant may contain a bar, the term “bar” shall not include the restaurant dining area.
  2. CHILD CARE FACILITY. Any facility caring for children.
  3. DEPARTMENT. The Alabama Department of Public Health.
  4. EMPLOYER. Any person, partnership, association, corporation, or nonprofit entity that employs five or more persons, including the legislative, executive, and judicial branches of state government; and any county, city, town, or village or any other political subdivision of the state; any public authority, commission, agency, or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government.
  5. GOVERNMENT BUILDING. Any building owned or operated by the state, including the legislative, executive, and judicial branches of state government; any county, city, town, or village or any other political subdivision of the state; any public authority, commission, agency, or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government.
  6. PUBLIC CONVEYANCE. A bus, taxi, train, trolley, boat, and any other means of public transit.
  7. PUBLIC MEETING. Any meeting open to the public unless held in a private residence.
  8. PUBLIC PLACE. Any enclosed area to which the public is permitted, including, but not limitedto, auditoriums, elevators, hospitals, nursing homes, libraries, courtrooms, jury waiting rooms and deliberation rooms, theatres, museums, common areas of retirement homes, restaurants, laundromats, health facilities, educational facilities, shopping malls, government buildings, sports and recreational facilities, places of employment, airports, banks, etail stores, and service establishments. A private residence is not a “public place.”
  1. SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
  2. SMOKING. The burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.
  3. SMOKING AREA. Any designated area meeting the requirements of Section 22-15A-7. (Act 2003-314, p. 770, § 3.)

 

§ 22-15A-4. Prohibition against smoking in public places;

exceptions.

    • No person shall smoke in a public place or at a public meeting except as otherwise provided in this subsection and in Section 22-15A-7. This prohibition does not apply to any of the following places:
      • Bars and lounges.
      • Retail tobacco stores and tobacco businesses.
      • Limousines used under private hire by an individual or corporation.
      • Hotel and motel rooms rented to guests, except for those rooms designated by the hotels and motels as “no smoking” rooms.
    • Smoking by patients in a chemical dependency treatment program or mental health program may be allowed in a separated well-ventilated area pursuant to a policy established by the administrator of the program that identifies circumstances in which prohibiting smoking would interfere with the treatment of persons recovering from chemical dependency or mental illness. (Act 2003-314, p. 770, § 4.)

 

§ 22-15A-5. Written smoking policies by employers; designation of nonsmoking areas.

  • By December 1, 2003, each employer having an enclosed place of employment may adopt, implement, make known, and maintain a written smoking policy which shall contain at a minimum all of the following requirements:
  • Any employee in a place of employment shall have the right to designate his or her work area as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by the employer.

 

 (2) Smoking shall be prohibited in all common work areas in a place of employment, unless a majority of the workers who work in that area agree that a smoking area will be designated.

  1. The smoking policy shall be communicated to all employees within three weeks of its adoption. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
  1. Notwithstanding any other provisions of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. (Act 2003-314, p. 770, § 5.)

 

§ 22-15A-6. Designation of smoking areas; requirements; nonsmoking policies.

 

  1. Pursuant to this section, the person in charge of a public place may designate an area for the use of smokers. Notwithstanding the foregoing, a smoking area may not be designated and no person may smoke in any of the following unless the area is enclosed and well ventilated:
  • Child care facilities.
  • Hospitals, health care clinics, doctors’ offices, physical therapy facilities, and dentists’ offices.
  • Elevators.
  • Buses, taxicabs, and other means of public conveyance.
  • Government buildings, except private offices.
  • Restrooms.
  • Service lines.
  • Public areas of aquariums, galleries, libraries, and museums.
  • Lobbies, hallways, and other common areas in apartment buildings, senior citizen residences, nursing homes, and other multiple-unit residential facilities.
  • Polling places.
  • Schools or other school facilities or enclosed school sponsored events for grades K-12.
  • Retail establishments, excluding restaurants, except areas in retail establishments not open to the public.
  • Lobbies, hallways, and other common areas in multiple-unit commercial facilities.
  1. If a smoking area is designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke, and no more than one-fourth of the total square footage in any public place within a single enclosed area shall be reserved and designated for smokers unless clientele dictates otherwise. No area designated as a smoking area shall contain common facilities which are expected to be used by the public.
  2. Nothing in this section shall be construed to prevent any owner, operator, manager, or other person who controls any establishment or facility from declaring and enforcing a nonsmoking policy in the entire establishment or facility.
  3. Notwithstanding any other provision of this section or this chapter, if any restaurant is deemed by its owner as being too small to have a designated smoking area, it shall be left up to the discretion of the owner if the facility will be a “smoking” or a “nonsmoking” facility. (Act 2003-314, p. 770, § 6.)

 

§ 22-15A-7. Posting of “No Smoking” and “Smoking Area”

signs; violations of chapter.

 

  1. A “No Smoking” sign or signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across, shall be prominently posted and properly maintained where smoking is prohibited by this act, by the owner, operator, manager, or other person in charge of the facility. “Smoking Area” signs shall also be posted as appropriate in public places.
  2. The person(s) in charge of a public place who observes a person in possession of a lighted tobacco product in apparent violation of this act shall inform that person that smoking is  not permitted in that area by law. (Act 2003-314, p. 770, § 7.)

§ 22-15A-8. Enforcement of chapter; reporting violations.

 

  1. The department, in cooperation with other agencies, shall enforce this chapter and to implement enforcement shall adopt, in consultation with the State Fire Marshal, rules specifying procedures to be followed by enforcement personnel in investigating complaints and notifying alleged violators and rules specifying procedures by which appeals may be taken by aggrieved parties.
  2. Public agencies responsible for the management and maintenance of government buildings shall report observed violations to the department. The State Fire Marshal shall report to the department observed violations of Section 22-15A-5 or Section 22-15A-6 found during its periodic inspections conducted pursuant to its regulatory authority. The department or division, upon notification of observed violations of Section 22-15A-5 or Section 22-15A-6 shall issue to the proprietor or other person in charge of the public place a notice to comply with Section 22-15A-5 or Section 22-15A-6, or both. If such person fails to comply within 30 days after receipt of such notice, the department or the division shall assess a civil penalty against him or her not to exceed fifty dollars ($50) for the first violation, not to exceed one hundred dollars ($100) for the second violation, and not to exceed two hundred dollars ($200) for each subsequent violation. The imposition of a civil penalty shall be in accordance with the Alabama Administrative Procedure Act. If a person refuses to comply with this chapter, after having been assessed a penalty pursuant to this section, the department or the division may file a complaint in the circuit court of the county in which such public place is located to require compliance.
  3. All fine moneys collected pursuant to this section shall be deposited into the State General Fund. (Act 2003-314, p. 770, § 8.)

§ 22-15A-9. Penalties.

Any person who violates Section 22-15A-4 commits a violation, punishable by a fine of twenty-five dollars ($25) for each violation. Jurisdiction shall be with the appropriate district or municipal court. A charge of a violation shall be treated in the same manner as a traffic citation. Any law enforcement officer may issue a citation pursuant to this section. (Act 2003-314, p. 770, § 9.)

§ 22-15A-10. Local laws, ordinances, or regulations.

 

Nothing in this chapter shall be construed to restrict the power of any county, city, town, or village to adopt and enforce local laws, ordinances, or regulations that comply with at least the minimum applicable standards set forth in this chapter. (Act 2003-314, p. 770, § 11.)

 

MONTGOMERY CITY NOISE ABATEMENT ORDINANCE NO. 69-2001

  1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Sections 27-1, 27-2, 27-3, 27-4, 27-5, and 27-6 of the Code of Montgomery and Ordinance 17-96 are hereby repealed in their entirety; and
  2. BE IT FURTHER ORDAINED, that the following is hereby adopted:
    • Purpose.

The making, creation and maintenance of loud, raucous, jarring, disturbing unnecessary, or unnatural noises, which are unusual for their time, place and use, affect and are detrimental to the public health, comfort, convenience, safety, welfare and prosperity of the citizens of the City. As a result of their necessity for the public interest, the provisions and prohibitions of this Chapter are enacted for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and peace of the City and its citizens with due concern for the rights of individuals and property owners.

    • Noise permit required.
      • It shall be unlawful for any individual or organization to make or create or to ask or pay another to make or create any noise that is raucous, jarring, disturbing, unreasonably loud or a nuisance to a reasonable person within the area of audibility, without first obtaining a permit in accordance with the procedures set forth in the Chapter. A permit is not authorized for a noise which will be repetitive in nature or made on a continuing basis.
      • For the purposes of this Chapter, audibility shall be measured by the auditory senses, words and phrases need not be discernible and bass reverberations are included.

 

3. Exceptions. Nothing in this Chapter shall be

construed to prohibit:

  1. The ringing of bells or chimes by religious organizations;
  2. Noises created by police, fire, rescue or other emergency vehicles or personnel;
  3. Live remote broadcasts by duly licensed radio stations upon business or public premises;
  4. Construction activity conducted or construction equipment operated upon residential, commercial, industrial or public premises during the time period between 7:00 a.m. and 7:00 p.m.
  5. Prohibited acts for which permit cannot be obtained.
    1. It is hereby declared a nuisance and shall be unlawful to operate or play any radio, stereo system, musical instrument or similar device which produces or reproduces sound, whether from a motor vehicle or by a pedestrian, in such a manner as to be plainly audible to any person other than the player or operator of the device at a distance of twenty-five (25) feet in the case of a motor vehicle or twenty-five (25) feet in the case of a pedestrian;
    2. It is hereby declared a nuisance and shall be unlawful to operate or play any radio, stereo system, television, phonograph, musical instrument or other similar device which produces or reproduces sound, whether from a business or residence, in such a manner as to be plainly audible at a distance of twenty-five (25) feet to any person inside a commercial, residential, multifamily dwelling or public place.
  6. Penalty for violation.

Any person convicted of violating any section of this Chapter shall be punished by a fine not to exceed five hundred dollars ($500.00). Each day any violation of this Chapter exists or continues to exist shall be a separate offense and punishable as such under this section.

 

  1. Noise permit application.

An individual or organization seeking a noise permit shall file an application with the City Clerk on a form provided by the City Clerk’s office.

  1. Time for Filing. An application for a noise permit must be submitted to the City Clerk at least fifteen (15) business days before the first day of the date or dates for which the permit is sought. Applications received less than fifteen (15) business days before shall not be considered unless the applicant can show the permitting authority good cause for failing to file the application in a timely manner.
  2. Contents. The application for a noise permit shall contain the following information:
    1. The name, address and telephone number of the person completing the application. If the individual is completing the application on behalf of an organization, the name, address, and phone number of the organization as well as the name, address and telephone number of the owner, manager or chairman of the organization;
    1. The name, address and telephone number of the individual or organization that will actually create the noise;
    1. A description of the noise that will occur, including whether the source of the noise will be live or mechanical;
    2. The reason why the noise will be made;
    1. The proposed date, time and length of the noise;
    1. A street address and general description of the location where the noise will occur, including, but not limited to, whether the property on which the noise will occur is a residence, park, church, commercial establishment or other;
    1. If the noise will be made in connection with a gathering of people, an estimate of the number of people involved.

 

F. Procedure for application, review and approval.

  1. Upon receipt of an application for a noise permit, the City Clerk shall forward copies of the application to the Mayor, the City Attorney, the Chief of Police, the Fire Chief, the Director of Planning Department, the Municipal Court Administrator, and the Finance Director within two (2) business days from the date the application was filed.
  2. The Mayor, the City Attorney, the Fire Chief, the Director of the Planning Department, the Municipal Court Administrator, and the Finance Director shall have five (5) business days to review the noise permit application and transmit, in writing, any comments, objections or recommendations regarding the noise permit application to the Chief of Police.
  3. The Chief of Police shall be the Permitting Authority and shall be responsible for issuing noise permits.
  4. In deciding whether to issue a noise permit, the Permitting Authority shall consider the following factors:

 

  •  
  • Whether the proposed activity or event complies with all applicable licensing, permitting and zoning laws and requirements of the City;
  • Whether the proposed activity, event or noise is reasonably likely to interfere with or jeopardize the health, welfare and safety of individuals in the vicinity, including, but not limited to, whether there is a history of violent acts arising out of past similar activities or events at the proposed location;
  • The nature of the activity, event or noise, including, whether the noise involves protected speech or expression;
  • The nature of the location, whether residential, commercial or other;
  • The proximity of the location to single or multi-family residences, churches and/or schools with consideration for the time of day the activity or event is to occur;
  • The length of time the noise will be made and
  • Any other factors deemed relevant to the decision-making process.

     

    5. When issuing a noise permit, the Permitting Authority may place limits, restrictions or conditions on the permit it deems reasonably necessary to preserve public health, safety and welfare.

    1. Contents of noise permit.

    Every noise permit shall state the following information:

     

      1. The name and address of the individual or organization being issued the permit;
      1. The location, date, starting time and approximate length of time the noise is to occur;
      2. Any limitations, restrictions or conditions on the permit; and
      3. Any other information the Chief of Police deems necessary to ensure compliance with the permit and the laws of the City.

     

    1. Duties of permittee; Invalidity of noise permit.

     

    A noise permit issued pursuant to this Chapter shall cease to be valid under any of the following circumstances:

      1. The permittee, individual or organization making or creating the noise fails to comply with all permit directions, limitations, restrictions or conditions and with all applicable City laws;
      2. The permittee or a designated representative is not present at the permitted location and able to produce the noise permit during the entire time the noise is being made or created; or
      3. The application for the noise permit contains a material misrepresentation which was not corrected before the noise permit was issued.

     

    1. Revocation of noise permit prior to permitted event or activity.

     

     

    The Chief of Police shall have the authority to revoke a permit prior to the activity or event, upon the joint concurrence of the Mayor and/or the City Attorney, granted pursuant to this Chapter for good cause but shown before doing so, shall give written notice to the permittee stating the grounds for revocation.

     

     

    ADOPTED this 20th day of November, 2001.

     

    SECTION 504 OF THE REHABILITATION ACT OF 1973

    This law replaces PL 94-142. IDEA expands services mandated under 94-142 to include autism and traumatic brain injury in its disability categories by requiring transition services as part of each IEP and by emphasizing outreach to children with disabilities from minority backgrounds.

     

    SECTION 504 OF THE REHABILITATION ACT OF 1973

    This was the first federal civil rights legislation designed to protect the rights of

    individuals with disabilities. The statues state in part:

    “No otherwise qualified handicapped individual in the United States shall, solely by reason of his or her handicap, be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance.” (29 U.S.C. 794)

     

    INDIVIDUAL MUST MEET THE FOLLOWING ELIGIBILITY CRITERIA TO RECEIVE SERVICES UNDER SECTION 504

    1. Have an impairment that substantially limits one or more major life functions;
    2. Have a history of such impairment;
    3. Be regarded as having such an impairment; and
    4. Be deemed to be “otherwise qualified,” despite the disability.

     

    PUBLIC LAW 101-336 THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

    ADA guarantees equal opportunity, for individuals with disabilities, in:

    1. employment,
    2. public services (includes state and local government and transportation),
    3. public accommodations,
    4. telecommunications and
    5. miscellaneous provisions.

     

     

    The ADA does not replace Section 504, but it draws much of its framework from 504. Essentially it prohibits discrimination against the same population and in many of the areas as 504 and expands the provisions to the private sector.

    DEFINITIONS

    Accused Student – an individual who is charged with committing a violation of the Code of Conduct.

    Adviser – any member of the faculty, staff or student body of the University can serve as an adviser. The role of the advisers is to give assistance, and they may not question nor address anyone other than their advisee. An adviser may not be an attorney or someone who attends law school.

    Assessment/Fine – a forced monetary compensation appropriate to the violation, including a motor vehicle violation.

    Charges and Specifications Letter – states the alleged misconduct and the date and time for a pre-hearing meeting and/or a hearing.

    Cheating – intentionally using or attempting to use unauthorized materials, information or study aids in any academic exercise; helping or attempting to help a student commit an act of dishonesty, including buying, selling or transmitting a copy of any examination or test before it shall have been administered and allowing another to copy information during an examination or other academic exercise.

    Class Day – any day in which regularly scheduled classes are in session.

    Community Service – a sanction involving work on a particular task or tasks for a specified number of hours.

    Complainant – the party that files the complaint against a student.

    Disciplinary File – the student discipline record maintained by the assistant vice president for Student Affairs.

    Disciplinary Probation – the placing of a student on social and behavioral restrictions for a specified length of time or until a stated condition is met. Further violations of regulations will result in consideration of his or her suspension from the University.

    Educational Sanctions – mandatory participation in a specific educational program, work assignment or the completion of a research assignment. The student is responsible for all related expenses.

    Expulsion – permanent separation of the student from the University.

    Faculty member – any person hired by the University to conduct classroom activities.

    Hearing – a hearing before the University hearing officer in which the complainant and the accused student have the opportunity to present testimony, evidence and arguments. A determination as to finding the accused student responsible or not responsible will be based upon evidence presented at the hearing and, if the accused student is found responsible, appropriate sanctions will be levied.

    Hearing Officer – the designated individual who has authority to conduct hearings on charges of alleged offenses as related to student conduct; for the investigation of grievances of all members of the University community in matters pertaining to University services, employee-student relations; and for the adjudication of contested violations of University motor vehicle regulations.

     

    Hearing Waiver Form – a form whereby the student who pleads responsible waives his or her right to a hearing and accepts the sanction(s) offered by the assistant vice president for Student Affairs; or pleads no contest and accepts the sanction(s).

    Incident Report – an accusation in written form which must be signed by an individual indicating that he or she has first-hand knowledge or strong reason to believe that a student has committed an offense.

    Loss of Privileges – denial of specified privileges for a designated period of time.

    Member of the University Community – any person who is a student, faculty member, University official or any other person employed by the University. Office of the Assistant Vice President – the administrative office of the University that is responsible for the efficient and fair operation of Student Discipline.

    Plagiarism – intentionally or knowingly using written or oral source of another in an academic exercise without proper identification of the source(s).

    Policy – the written regulations of the University as found in, but not limited to, The Pilot, the student handbook.

    Reprimand – an official written statement to the student that he or she has violated a University regulation. It is a warning that further misconduct may result in a more severe suspension.

    Residence Hall Expulsion – permanent separation of the student from the residence halls.

    Residence Hall Suspension – separation of the student from the residence halls for a specified length of time, after which the student is eligible to return.

    Restitution – forced compensation to the University or, in the case of private property, to the owner who has suffered the loss. This sanction is applied in cases involving damages to or theft of University or private property.

    Sanction – a penalty imposed upon a student after he or she either has admitted being responsible or has been found responsible by the hearing officer of having committed a violation of the Code of Conduct.

    Staff Member – any University employee performing employment responsibilities, excluding faculty and administrative personnel.

    Student – all persons taking courses at the University, both full-time or part- time, whether they reside on campus or commute. Persons who are not officially enrolled for a particular semester but who have a continuing relationship with the University are considered “students.”

    Subpoena – a letter of notice to the accused student stating that his/her hearing

    will be held on a specified date, time and location.

    Summary Suspension – students are temporarily removed from (not allowed on) campus pending a disciplinary hearing and a decision by the University hearing officer, unless special permission is given by the assistant vice president for Student Affairs.

    Suspension – forced withdrawal from the University for a stated period of time, after which readmission will be allowable. Suspension may extend for the remainder of the current semester or more semesters or until a specified condition is met.

    University – means Alabama State University.

    University-owned or controlled property – all land, buildings, facilities and other property in the profession of or owned, used or controlled by the University.

    Written Notice of Hearing – the formal written notification of the date, time and place of the hearing. The accused student must be given two not more than ten class days notice prior to the hearing day.

     

    ALABAMA STATE UNIVERSITY

    RESOLUTION

    IN-ROOM VISITATION

    WHEREAS, after careful analyses and research, the University has concluded that many HBCUs around the country allow students to have in-room visitation, and WHEREAS, a Pilot In-Room Visitation Program will be implemented on a limited basis in the Residence Halls where honor students and upperclassmen live. The Residence Halls included are: Martin Luther King Hall (fourth and fifth floors-Honor floors), Bessie Estelle Hall, and McGinty Apartments and WHEREAS, freshmen honor students living in Martin Luther King Hall and Bessie Estelle Hall will be allowed to have visitors on Monday-Sunday, from 7 p.m. -10 p.m.; and upperclassmen Sunday-Thursday from 7 p.m. -10 p.m. and on Friday-Saturday, 7 p.m. to 12 a.m. Since McGinty is strictly an upperclassmen facility, students living there will be allowed to have visitation on Sunday –Thurs- day from 7 p.m. to 10 p.m. and on Friday-Saturday from 7 p.m. to 12 a.m. and WHEREAS, this Pilot In-Room Visitation Program will be monitored each semester to determine whether students have abided by the rules and regula- tions and a report will be submitted to the Administrative Council and Board of Trustees for continuation. Students wishing not to participate in the program will be provided with spaces that are not included in the participating halls.

    THEREFORE BE IT RESOLVED: That the Pilot In-Room Visitation Program for Honor Students and Upperclassmen living in Martin Luther King Hall, Bessie Estelle Hall and McGinty Hall is recommended by the Student Affairs Commit- tee and approved and supported by the Administrative Council for approval and implementation beginning March 2008.

     

    RESOLVED AND APPROVED BY THE BOARD OF TRUSTEES OF AL- ABAMA STATE UNIVERSITY THIS 8TH DAY OF FEBRUARY, 2008