Student Life and Related Policies

Alcohol and Other Drug Policy

INTRODUCTION

The Westfield State University policy and regulations pertaining to the possession and consumption of alcoholic beverages and the possession, use, distribution, and sale of illicit drugs are designed (1) to conform to the state and federal laws and/or (2) enhance the health, safety, property, and educational interests of all members of the university community. The purpose of the Alcohol and Other Drug Policy is to promote a campus environment that is compatible with and supportive of academic success and personal growth. A campus atmosphere dominated by overt use and abuse of alcohol and other drugs is contrary to this goal. Accordingly, any violation of the student conduct code and/or a violation of the federal, state, or local laws shall subject the offender to the university disciplinary process and/or to criminal prosecution. In accordance with the Higher Education Amendments of 1998 (Public Law 105-244) the University regulations and laws pertaining to alcoholic beverages and the possession, use, distribution, and sale of illicit drugs shall be strictly and consistently enforced.

Violations of this policy may result in criminal sanctions. Criminal convictions, even if sanctions are minimal, can adversely affect internship and job opportunities, admission to graduate or professional schools, and eligibility for training and financial aid opportunities. The Higher Education Act of 1998 states that students convicted under state or federal law for drug sale or possession will have their federal financial aid eligibility suspended. This includes all federal grants, loans, and work-study programs. Students convicted of drug possession will lose their eligibility for one year; two years for a second offense; and indefinitely for a third offense. Students convicted of selling drugs will be ineligible for two years; and indefinitely for a second offense. Eligibility can be regained through successful completion of an approved drug rehabilitation program. The filing of criminal charges does not prevent the University from imposing its own sanctions in addition to criminal penalties. These sanctions are described within the policy.

 POLICY – ALCOHOL

A. GENERAL PROSCRIPTIONS

1. No person under the age of twenty-one (21) may possess, use, be under the influence of alcohol, or be in the presence of alcohol or alcohol containers.
2. The delivery, gratuitously or for sale, of alcoholic beverages to a person under the age of twenty-one (21) is prohibited and shall constitute a major infraction of university regulations.
3. Drunken disorderliness is prohibited.
4. Operating a vehicle under the influence of alcohol (to any extent) is prohibited.
5. Intoxication, defined as being under the influence of alcohol to any extent, which involves University staff, causes a disturbance, or is a danger to persons or property, is prohibited.
6. The possession or use of kegs, punch bowls, beer balls, the functional equivalent, or any alcoholic containers, which indicate the probability of common source drinking or bar service, are prohibited and shall constitute a major infraction of University regulations.
7. Drinking funnels or any similar drinking devices are prohibited.
8. Each resident student of legal drinking age, living in a university apartment where alcohol is permitted, may only bring a restricted amount of alcohol into the apartment in which he/she lives. The alcohol may not be brought anywhere but to the apartment where the student lives. This restricted amount is no more than one case (30 pack or less) of beer or its alcoholic equivalent per week. No other students or non-students may bring alcohol anywhere onto the campus at anytime.
9. At any one time, each five or six-person university apartment where alcohol is permitted may contain no more than four cases (30 pack or less) of beer or its alcohol equivalent; each four-person apartment where alcohol is permitted may contain no more than two and two thirds cases (30 packs or less) of beer or its alcoholic equivalent; and each two or three-person apartment where alcohol is permitted may contain no more than two cases (30 packs or less) of beer or its alcoholic equivalent.
10. Alcoholic beverages and/or alcoholic beverage containers are prohibited from all residence hall rooms and areas where alcohol is prohibited.
11. Any gathering is prohibited (however large or small where: a) alcohol or alcohol containers are present; and b) any violation of the student conduct code occurs, including but not limited to where guest(s) under the age of twenty-one (21) are present.
12. Open containers of alcoholic beverages (seal broken) are prohibited from all public areas of the University.
13. The manufacturing of any alcoholic beverage is prohibited.
14. Alcoholic beverages shall not be for sale by anyone not licensed by the appropriate authority.
15. The promotion of and/or solicitation for any event or activity (wherever held) at which alcohol is to be served or made available for consumption and that is not sponsored by the University is strictly prohibited and will be considered a major violation on this policy. Prohibited conduct includes, but is not limited to, the advertisement or other promotion of events at area alcohol establishments when such advertisement or promotion takes place on the University’s campus or by means of the University’s network (including use of its network for e- mail or any web-based communication) selling or distributing tickets (whether on or off the University’s campus) for any such event, and participation in arranging group transportation for any such event.
16. Students are responsible for informing their guests of the University’s Alcohol and Other Drug Policy prior to any campus visit.  Any student will be held strictly accountable for an alcohol violation when their guest violates the alcohol policy.  Guests are defined as any person visiting the student whether or not the guest has signed into the residence halls through official procedures. 

B. ALCOHOL ENFORCEMENT/SANCTIONS

1. All violators of these regulations will be brought before the student conduct system for disposition of their cases and shall be subject to the following sanctions:

First Offense: Ten (10) hours of participation in community events or a work project and completion of University substance education classes. A $100 service fee for these classes will be assessed and made payable within thirty (30) days of a university student conduct procedure decision. Additional sanctions may be given for large amounts of alcohol or disorderly conduct. Individual exceptions regarding the modification of attendance at substance education classes will be based solely on academic reasons.

Second Offense: Suspension from University housing for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment. Depending on the availability of housing and current waiting list procedures, there is no guarantee that a student who is suspended from housing will be able to return to campus to live after their suspension is complete.

Third Offense: Suspension from the University for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment.

Major Offenses: The following violations are considered major offenses and shall meet minimally with an immediate suspension from housing for one (1) full academic semester or more.

a. The possession or use of alcoholic beverage containers such as kegs, beer balls, or the functional equivalent (whether full, partially full, or empty) as well as punch bowls or any container(s) that indicate the probability    of  common source drinking or bar service (whether full, partially full, or empty).

b. The delivery, gratuitously or for sale, of alcoholic beverages to a person under the age of twenty-one (21).

c. The promotion or solicitation of any alcohol related activity that is not sponsored by the University.

2. Additional information regarding the operation and effect of sanctions includes the following:

a. Failure of a student to follow through with a sanction will result in the automatic elevation of the sanction to the next level after the failure is proven through due process procedures published in the student conduct code.

b. Subsequent violations of the alcohol and/or marijuana portions of this policy in any combination whether both alcohol, both marijuana, or any combination of the two within a period of twelve months will result in progression to the next level of sanction. Unless indicated by other provisions in this policy, once a twelve month period has expired, the next violation shall meet with first level sanctions with an additional sanction of five (5) consecutive weekends of suspension from the University campus.

c. More than four (4) alcohol and/or marijuana violations or any combination thereof over the course of a student’s University career will result in a Limited Expulsion from the University.

C. GROUP FUNCTIONS

Permission for the use of alcoholic beverages for student group functions on University property or at University related events shall be obtained from the Vice President, Student Affairs (his/her designee) acting on the recommendation of the University Special Events Alcoholic Beverage Review Board. These procedures can be found in the Office of the Vice President, Student Affairs.

POLICY – OTHER DRUGS

A. DRUG PARAPHERNALIA

1. The use or possession of drug paraphernalia on the Westfield State University campus is strictly prohibited. Any student found in possession of drug paraphernalia and found responsible for such possession shall be placed on University probation for one (1) academic year and shall complete ten (10) hours of participation in community events or a work project and University substance education classes and pay the service fee of $100 for these classes within thirty (30) days of a University student conduct procedure decision.
2. A student found responsible for a second offense during their University career shall be subject to University housing suspension for one (1) full academic semester or more and completion of a counseling evaluation and any recommended follow-up treatment. A student found responsible for a third offense during their University career shall be subject to University suspension for one (1) full academic semester or more. Prior to returning to University housing and/or university, the student must provide verification of completion of a counseling evaluation and any recommended follow-up treatment. NOTE: Drug paraphernalia which contains matter that tests positive for an illicit substance may constitute possession (see section B below).

B. MARIJUANA USE OR POSSESSION

1. As marijuana is not allowed to be possessed or used under Federal law and only in limited circumstances under the General Laws of the Commonwealth, the use and/or possession of marijuana on any University property, owned or leased, is prohibited. Any student found responsible for use or possession of marijuana shall be subject to the following sanctions:

First Offense: Ten (10) hours of participation in community events or a work project and completion of University substance education classes. A $100 service fee will be assessed and made payable within thirty (30) days of a college student conduct procedure decision. Additional sanctions may be given for large amounts of marijuana. Individual exceptions regarding the modification of attendance at substance education classes will be based solely on academic reasons. Completion of a counseling evaluation within sixty (60) days of a student conduct procedure decision is also required.

Second Offense: Any student found responsible for a second offense shall be suspended from housing for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment. Depending on the availability of housing and current waiting list procedures, there is no guarantee that a student who is suspended from housing will be able to return to campus to live after their suspension is complete.

Third Offense: Suspension from University for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment.

2. Additional information regarding the operation and effect of sanctions includes the following:

a. Failure of a student to follow through with a sanction will result in the automatic elevation of the sanction to the next level after the failure is proven through due process procedures published in the student conduct code. 


b. Subsequent violations of the alcohol and/or marijuana portions of this policy in any combination whether both alcohol, both marijuana, or any combination of the two within a period of twelve months will result in progression to the next level of sanction. Unless indicated by other provisions in this policy, once a twelve month period has expired, the next violation shall meet with first level sanctions with an additional sanction of five (5) consecutive weekends of suspension from the University campus. 


c. More than four (4) alcohol and /or marijuana violations or any combination of either over the course of a student’s University career will result in a Limited Expulsion from the University.

d. Students who are held accountable for use of marijuana in the residence halls may also be subject to additional sanctions for violations of the University’s Residence Hall Policy and Smoke and Tobacco Free Policy.

C. OTHER DRUG USE OR POSSESSION

1. Any student found in possession of an illegal drug substance in any amount, no matter how minimal the amount, or found to be using such illicit drug substances and found responsible of such possession or use shall (this applies only to first-time offenders) be suspended from housing for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment. In addition the student will complete ten (10) hours of participation in community events or a work project and University substance education classes and be assessed a $100.00 service fee for these classes made payable within (30) days of a University disciplinary procedure decision.
2. Any student found responsible for a second offense of possession or use of an illegal drug substance during their University career shall be suspended from the University for one (1) academic year or more with the possibility of returning to the University pending completion of a counseling evaluation and any recommended follow-up treatment, and by the decision of the Vice President, Student Affairs with no right of return after a third offense.

D. POSSESSION WITH INTENT TO SELL OR DISTRIBUTE (This section applies to all drugs including marijuana)

1. Any student found responsible for possession with intent to sell or distribute any prescription or illegal substance will be expelled from the University with no right of return.
2. Evidence indicating possession with intent to sell or distribute any prescription or illegal substance may include, but not limited to, possession of a large amount of prescription or illegal substance, and/or possession of any amount of prescription or illegal substance combined with other evidence indicating intent to sell or distribute such as weighing devices, cash boxes, bank rolls/large sums of money, cultivating equipment, chemicals used in the manufacture of illicit substances, plastic bags or other quantifying devices.

E. DRUG SALE OR DISTRIBUTION (This section applies to all drugs including marijuana)

Any student found responsible for the sale or distribution of prescription or illegal substances or drugs on the Westfield State University campus will immediately be expelled from the University with no right of return.

F. TOBACCO PRODUCTS

1. Smoking and/or the use of tobacco products will not be permitted on any University property or University leased property including buildings, grounds, walkways, parking lots, wooded areas and all other property owned or operated by the University.
2. Smoking and/or the use of tobacco products in University owned or leased vehicles is prohibited. Smoking and/or the use of tobacco products is also prohibited in personal vehicles when those vehicles are on University property.
3. All campus constituents have a collective responsibility to promote the safety and health of the campus community and, therefore, share in the responsibility of policy compliance. Individuals observed smoking and/or using tobacco, in any form, are to be reminded, in a professional and courteous manner, of the University policy.
4. Students in violation of this policy shall be referred to the University student conduct system for disciplinary proceedings for repeated offenses. Employees in repeat violation of this policy will be referred to Human Resources.
5. To assist those who wish to stop the use of tobacco products, the Human Resources Department, the Health Services Department, the Counseling Center and the Employee Assistance Program (EAP) can direct employees and students to tobacco cessation programs which the university might provide.
6. Any questions regarding the interpretation of this Policy rest within the authority of the Vice President, Student Affairs (for students) and the Assistant Vice President for Human Resources (for employees).

G. PRESCRIPTION DRUGS

While Westfield State University regulates the consumption of alcoholic beverages and prohibits the use of marijuana or other illicit drugs, the university in promoting an environment directed toward wellness, recognizes that other legal substances may be used in harmful and abusive ways. In an effort to promote personal growth and problem solving without the use or abuse of substances, Westfield State University strongly discourages the abuse of any over the counter substances or prescription drugs. If the university has reasonable cause to believe that a student is abusing such drugs, the university may require the student to complete a counseling evaluation and any recommended follow-up treatment.

POLICY – ALCOHOL AND DRUG GUIDELINES

A. ADDITIONAL GUIDELINES

1. Students are responsible for informing their guests of the University’s Alcohol and Other Drug Policy prior to any campus visit. Any student will be held strictly accountable for an alcohol and/or drug violation when their guest violates the Alcohol and Other Drug Policy. Guests are defined as any person visiting the student whether or not the guest has signed in to the residence halls through official procedures.
2. Consistent with the Family Educational Rights and Privacy Act, the University shall notify the parent or legal guardian of students under twenty-one (21) years of age each time they have been found responsible for university alcohol and/or other drug policy violations. The University shall exercise discretion not to notify parents/guardians based on documented evidence of an abusive family situation.
3. For the purpose of this policy, Westfield State University “campus” is defined as all buildings (owned, leased, or operated by the University) and all surrounding outdoor property (owned, leased, or operated by the University), including but not limited to parking lots, grass, sidewalks, and forested land.
4. Intoxicated persons shall be subject to police intervention including protective custody, arrest, or other appropriate action. All costs for providing required monitors for intoxicated students and/or their guests will be billed to the student.
5. The University shall have the option to mandate that a student attend substance abuse counseling/education for assistance.
6. In any situation that the University deems to be an emergency, such as a situation where a student is arrested, placed in protective custody, or transported to a medical facility due to incidents related to alcohol and/or drug consumption, the University may notify a parent/legal guardian/or other persons
7. In the event that a student is suspended from University housing or from the University for any disciplinary infraction(s), including but not limited to, alcohol or other drug infractions, no refund will be given to the student, for any University fees or tuition, unless otherwise specified by federal law, state law, or University policy.
8. In the event that University staff deems a resident to be intoxicated, the student may be asked to return to his/her room, may be asked not to leave the residence hall, may be escorted to another hall in which he/she resides, or may be given other appropriate instructions. Failure to comply with legitimate staff requests/ instructions shall result in student conduct action.
9. Any backpack, bag or similar container that anyone carries onto campus shall be subject to inspection and search by a member of the university staff whenever there exists reason to believe that the container is being used to bring onto campus any alcoholic beverage or other material in violation of university policy.
10. In the event a guest, visitor, or non-student is deemed to be intoxicated by University staff, the host and guest shall be asked to remain in the residence hall until Public Safety personnel have determined if the intoxicated person is in a safe condition to leave the residence hall or have arranged for the person’s removal.
11. Students are cautioned that the possession or use of a false driver’s license or a false Massachusetts liquor purchase identification card is a criminal offense. A student alleged to be in violation of Massachusetts General Law, Chapter 90, Section 24B (possession or use of false driver’s license) or Chapter 138, Section 34B (possession or use of a false Massachusetts liquor purchase identification card) shall have the matter referred to the local district court or motor vehicle registry in addition to the student conduct system.
12. Students are encouraged and expected to seek help from the Public Safety, Residential Life, or Health Services staff when they witness others who are incapacitated due to alcohol or other drug use.
13. The following chart outlines sample alcoholic equivalents of one case (30 pack) of beer:
     

Units of Measurement

REVIEW

The responsibility for the formation of future Alcohol and Other Drug Policies and for annual review of existing policies shall rest with the Substance Abuse Advisory Committee and the Vice President, Student Affairs, whose recommendations shall be forwarded to the Student Government Association for consultation, and to the University President for review and implementation. All matters involving student personnel policies, including the Alcohol and Other Drug Policy, rest in the ultimate authority of the President and the Board of Trustees of the University.

Dissemination of this policy shall include inclusion in the electronic Student Handbook, the University Undergraduate Catalog, and other appropriate publications, discussion at all orientations of new and transfer students, and regular review and dissemination by Residential Life and Student Affairs staff.
 

Anti-Bullying, Mobbing, and Harassment Policy

Purpose

To educate the university community about bullying, to promote civility, and to take immediate corrective action when appropriate.

Definition

Bullying consists of abusive conduct relative to acts, omissions, or both, that a reasonable person would find hostile, based on the severity, nature, and frequency of the conduct and without regard to the method of delivery, such as verbal, written or electronic. Abusive conduct may include, but is not limited to: repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct of a threatening, intimidating, or humiliating nature; the sabotage or undermining of an individual’s work performance; or attempts to exploit an individual’s known psychological or physical vulnerability. A single act normally will not constitute abusive conduct, but an especially severe and egregious act may meet the standard.

Policy

Westfield State University accepts and endorses state Senate bill #699 “An Act Addressing Workplace Bullying, Mobbing, and Harassment, Without Regard to Protected Class Status” as proposed, and, further, accepts and endorses any and all amendments made to this bill, as well as the bill in its final form that is signed into law by the governor of the Commonwealth of Massachusetts.

In keeping with the Senate bill #699, Westfield State University prohibits conduct which may be interpreted as bullying or harassment as described in this policy. The university wishes to promote a friendly, welcoming, and healthy environment in conjunction with the university’s Mission Statement. Every individual is entitled to be treated with respect and to be free from bullying and harassment. All members of the university community are expected to behave in a manner which demonstrates proper regard for the rights and welfare of others.

Staff are required and students are strongly encouraged to provide support to individuals who are bullied or harassed and to report incidents to the appropriate university official.

This anti-bullying policy applies to the entire university community, including full-time and part-time administration, faculty, staff, students, contractors, consultants, and vendors. It includes conduct in the workplace and conduct in connection with work related travel and/or at university-sponsored events. It also expands harassment beyond the protected classes to include the entire university community.

Education/Prevention

This policy will be circulated each fall to all employees and students through the Diversity/Affirmative Action Office along with the annual distribution of the following: Affirmative Action/Equal Opportunity/Diversity Plan, Drug Free Schools and Communities Information, Sexual Misconduct Policy. Additionally, the Anti-Bullying Policy will be included in all electronic and paper versions of the University’s Policy Manual.

Disciplinary Action

Violations of this policy are subject to disciplinary action in accordance with university policy, collective bargaining, and the Student Handbook.

Procedures for Reporting

Normal channels of reporting alleged bullying will be used in accordance with the Student Handbook, collective bargaining agreements, and university procedures. Investigations of complaints of bullying will be done expeditiously and with the highest level of confidentiality.

Reporting Violations by Students

Complaints of bullying should be reported immediately to the Public Safety or Residential Life staff (24 hour operations). Complaints may also be reported to the Dean of Students or Student Conduct Office.

Complaints will be investigated and forwarded to the Student Conduct Office for review in a timely manner. Alleged student conduct violations stemming from complaints will be processed in accordance with the student conduct procedures outlines in the Student Handbook.

Reporting Violations by Employees, Contractors, Vendors

Complaints of bullying should be reported to the Assistant Vice President, Human Resources/Affirmative Action.

The Assistant Vice President of Human Resources/Affirmative Action will determine at what level the complaint will be investigated and what/if any corrective action should be administered. For example, an instance where an employee accuses a supervisor of bullying, the complaint may be referred to the area vice president.

Questions regarding reporting alleged violations of this policy may be directed to the Assistant Vice President of Human Resources/Affirmative Action.

Review

This document will be reviewed annually by the Assistant Vice President of Human Resources/Affirmative Action. Should related legislation become law, this policy will be reviewed immediately and revised in accordance with federal and state laws.

Computing Resources Policy

(The following text is taken from the University Computing Resources Policy. The entire text of this policy is available at the Office for Information Technology in Wilson Hall, Room 100. More information available on the portal at “myWestfield”)

The installation, for any purpose, or use of any peer-to-peer file sharing application (such as, but not limited to, KaZaA, FastTrack, Gnutella, BearShare, LimeWire, etc.) is not permitted on the Westfield State University network. In addition, any other network-based nonacademic application that consumes the University’s limited bandwidth may be limited or restricted. The C.I.O. of Information Technology/designee must approve the installation of any server or server-based application on the Westfield State University network.

Students who violate this policy by installing, continuing to have installed, or utilizing any component of peer-to-peer file sharing applications as established above, will be subject to disciplinary actions.

Hazing Law (Massachusetts General Laws, Chapter 269)

Section 17

Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.

The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.

Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.

Section 18

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.

Section 19

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.

Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgment stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of section seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the Board of Higher Education and in the case of secondary institutions, the Executive Office of Education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The Board of Higher Education and, in the case of secondary institutions, the Executive Office of Education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.

Sexual Misconduct Policy

A. Introduction

1. The University is committed to providing a working environment that is free of all forms of sexually abusive, harassing or coercive conduct. This policy seeks to protect the rights of all members of the University community and to have all individuals treated with respect and dignity.
2. Sexual misconduct includes sexual harassment, sexual assault, rape, and sexual exploitation or coercion of any nature. Acts of sexual misconduct are traumatizing events causing psychological and physical harm and can be among the most painful and upsetting events that can happen to a woman or a man. The University will not tolerate sexual misconduct in any form. Campus rape/sexual assault is a violation of Massachusetts criminal law, federal discrimination law, and a violation of the University code of conduct. A student or employee charged with rape/sexual assault can be prosecuted under the Massachusetts Criminal Laws. He/she may also be disciplined through the University. Even if the criminal justice authorities choose not to prosecute an alleged assailant, he/she may be subject to University disciplinary action including suspension or expulsion.
3. Sexual misconduct may occur between a male perpetrator and female victim, a female perpetrator and male victim, or between a perpetrator and victim of the same gender. Regardless of the gender or sexual orientation of the perpetrator or the victim, various forms of sexual misconduct are a violation of the law and university policy.

B. University Definitions

The following are educational definitions used by the University and are not intended to mirror Massachusetts General Laws.

1. Rape (Non-consensual Sexual Intercourse) – Entering into, engaging in, or continuing to engage in sexual intercourse, which involves an act of vaginal, oral, or anal penetration with another person when it occurs against that person’s will/without that person’s consent. Acquaintance rape (committed by a date, friend, or someone the victim knows casually) is defined the same as above and is the most prevalent form of rape on the University campus.
2. Sexual Assault (Non-consensual Sexual Touching) – Unwanted touching (not penetration), however slight, of an intimate part of another’s body (breasts, buttocks, groin, or genitals) or removing another’s clothing against that person’s will/without that person’s consent.
3. Sexual Exploitation – Other violations of a sexual nature, which are also subject to the provisions of this policy include, but are not limited to, non consensual videotaping or audio taping of sexual activity, engaging in peeping on others, sexting, internet dissemination of sexual materials, performing sexual acts in the presence of another without their consent, or any sexual exploitation, which is taking non-consensual sexual advantage of another for one’s benefit or for the benefit of others.
4. Sexual Harassment – Sexual harassment consists of unwelcome verbal, non-verbal and/or physical behavior of a sexual nature which has the effect of interfering with a person’s academic, employment or other status, or of creating a sexually intimidating, hostile, or offensive environment (see Sexual Harassment Policy).
5. Against A Person’s Will – Physical or verbal force, coercion, intimidation, or threats inflicted upon another person whenever that person indicates verbal or non-verbal resistance, however slight. Against a person’s will also means without that person’s consent. Consent is clear indication, either through verbal or physical actions, that parties are willing and active participants in the sexual act. Such authorization must be free of force, threat, intimidation, or coercion, and must be given actively and knowingly in a state of mind that is awake, conscious and rational and not compromised by alcohol or drug intoxication. Entering into, engaging in, or continuing to engage in intercourse with a person who you know to be, or should reasonably know to be incapacitated due to intoxication or unconsciousness or any helplessness making them incapable of consent, is a violation of this policy.

C. Procedures to Follow if You are a Victim of Sexual Misconduct

1. Go to a safe place as soon as you can. Contact someone you trust, a close friend, family member, staff member or a resident assistant, to be with you and support you.
2. Reporting the incident for investigation. Students should report incidents for investigation to Public Safety by calling 911. Public Safety will coordinate the notification to Local or State Police. Public Safety can also be contacted (non-emergency at x5262). You may also report the incident directly to the Office of Student Conduct or the Office of the Human Resources/Affirmative Action. These offices will work with Public Safety to investigate the incident. Although your privacy will be protected when you report through these offices, people who need to know may be told and information may be shared as necessary to investigate and adjudicate the matter. All efforts will be made to protect your privacy to the greatest extent.
3. Confidential Reporting. If you wish for the incident to remain completely confidential, reports may be made to a University Counseling Center, Campus Ministry, or an off-campus rape crisis agency. These offices may assist you in filing an official report for investigation with the Public Safety Office if you so choose.
4. Faculty and Staff Obligation to Report. Staff and faculty of the university outside of the offices of Counseling and Campus Ministry are obligated to report incidents of sexual misconduct to the Office of Public Safety and/or the Affirmative Action Title IX Coordinator within a timely manner, preferably not to exceed 72 hours. Such reports may be made as third party reports if the victim so chooses not to disclose their identity and/or the identity of the accused. Third party report forms are available through Public Safety, Student Conduct, or the Office of Human Resources/Affirmative Action.
5. It is important to preserve all physical evidence since this may be necessary in the proof of a criminal sexual assault. If possible, do not wash, eat, drink, douche, clean, use the bathroom, or change clothes. If you do change clothes, put all clothing you were wearing at the time of the attack into an unused or a clean paper bag.
6. Get medical attention as soon as possible. A medical examination can provide any necessary treatment and collect important evidence. Injuries may not be immediately apparent. Health Services and Public Safety personnel can assist in transporting you to the hospital.

D. Protocol to be Used by University Staff Following a Report of Sexual Misconduct

1. Offer immediate medical and emotional care for the victim’s well-being and for the documentation and collection of physical evidence of the assault.
2. Encourage the victim to speak with University Public Safety Officers and the Massachusetts State Police. Third party reports may be filed with University Public Safety and the Massachusetts State Police.
3. Based on the immediate needs of the victim, report the incident to appropriate University personnel such as:
   
   1. Vice President of Student Affairs;
   2. Director of Public Safety;
   3. Director of Counseling Center;
   4. Director of Health Services;
   5. Assistant VP, Human Resources/Title IX Coordinator;
   6. Director of Residential Life
4. If necessary, the Vice President for Student Affairs may conduct an immediate emergency administrative hearing process.
5. If necessary, modify on-campus living arrangements if the victim is in fear of his/her safety.
6. In order to protect the confidentiality of the victim, all requests for information from concerned students, parents, and press will be referred to the University Public Affairs Office.
7. If necessary, timely warning will be made by the Director of Public Safety/designee to the University community to protect the safety of others if the incident(s) reported are deemed to pose a substantial threat of danger to the community. This notification will not include any identifying information regarding the victim.
8. The Director of Public Safety or his/her designee and the Vice President for Student Affairs or his/her designee will inform the victim of the existence of the following options, any and/or all of which may be initiated by the victim and/or the University.
   
   1. Criminal prosecution
   2. Civil prosecution
   3. University disciplinary process and discrimination complaint procedures
   4. Alternative options including structured resolution agreements; mediation would not be used in cases of sexual assault, rape, or sexual exploitation.
   5. University-issued protective order and/or court issued restraining order
   6. Counseling and support services both on and off-campus.
   7. Opportunities for and assistance with a change in academic and living situations.

E. University Disciplinary Action

1. In addition to Massachusetts criminal procedures, if there is sufficient evidence to prove that sexual misconduct has occurred, the University will process the accused through standard University procedures outlined in the Westfield State University Student Conduct Code, Discrimination Complaint Procedures, or through appropriate bargaining unit agreements.
2. Students charged through the campus disciplinary system will be afforded the rights prescribed by the University conduct code, including the following:
   
   1. The right to reasonable notice, in writing, of the charges against him/her, the particular standard of conduct or regulation which the student has allegedly violated and the basic facts, including dates and times on which the charges are based;
   2. The right to review substantive evidence to be used against him/her;
   3. The right to a hearing before either the Student Conduct Board or an Administrative Hearing Officer as determined by the Vice President, Student Affairs/designee;
   4. The right to have a person or persons of his/her choice accompany him/her throughout the disciplinary proceedings. (This person may also advise and counsel, but may not represent the student to the Student Conduct Board or Administrative Hearing Officer, or enter into direct questioning);
   5. The right to question witnesses against him/her and to present witnesses on his/her behalf. The Board/Hearing Officer will have the right to determine whether questions should be directed through the Board for initial review.
   6. The right to be informed of the outcome of the hearing;
   7. The right to appeal as outlined in the Student Conduct Procedures; and
   8. The right to be treated with respect and dignity.
3. Victim (s) of sexual misconduct will be afforded rights not limited to the following:
   
   1. The right to choose any and all options as outlined in Section D, No. 8 of this policy.
   2. In the event that he/she elects to pursue the matter through University disciplinary procedures, the following rights shall be afforded:
      
      1. The right to have a person or persons of his/her choice accompany him/her throughout the disciplinary proceedings;
      2. The right to be present during the entire disciplinary proceeding;
      3. Should a victim testify, he/she would have the right to request a modification to the hearing setting during their testimony. Such examples include, but are not limited to, a physical partition that would serve to separate the accused and the complainant during the hearing; questions from the accused being directed through the Board for initial review; and the possible use of technology to provide for testimony given through closed circuit means. Determinations about such requests will be made by the Vice President, Student Affairs/designee;
      4. The right, as established in Massachusetts Law, not to have his/her personal sexual history (including that with the accused student) discussed during the hearing;
      5. The right to make a “victim impact statement” if the accused is found in violation of the University conduct code; and
      6. The right to be notified of the outcome of any disciplinary proceedings pursuant to the Campus Security Act, Sexual Assault Bill of Rights (April 29, 1994).
   3. In order to create an environment that encourages victims to report and pursue action relative to incidents of sexual misconduct, the University may choose not to pursue student conduct violations committed by the complainant (such as alcohol violations) related to the sexual misconduct incident. In those rare instances where violations are processed, they will be addressed through the use of educational methods such as counseling, community service, and/or educational workshops. Victims will not be subject to fines or removal from housing or the University.
   4. The right to be treated with dignity and respect.
   5. The right to appeal as outlined in the Student Conduct Procedures .

F. Sanctions

1. Any student found responsible of a charge of sexual misconduct will face sanctions ranging from suspension from housing through suspension or expulsion from the University.
2. The University reserves the right to broaden or lessen any range of consequences or recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior.

G. Campus Education/Prevention Programs

1. The University will provide information about acquaintance rape and other kinds of sexual assault during student and employee orientation meetings.
2. The University will sponsor periodic workshops designed to educate students in regard to sexual assault, including rape and acquaintance rape.
3. The University will distribute the information including the University Sexual Misconduct Policy which defines rape/sexual assault and provides options and services available to victims.
4. The University will provide special educational and training programs about sexual assault for professional and paraprofessional staff who must be prepared to respond in an appropriate and sensitive way to victims.
5. The University will use the campus media, such as the newspaper, radio, and television to heighten awareness of campus rape/sexual assault and its prevention.
6. The University will provide educational information about the involvement of alcohol and other drugs in acquaintance rapes and other sexual assaults.
7. The University will encourage its faculty to introduce information about sexual assault through reading and discussion in relevant classes.

H. On-And Off-Campus Resources/Contacts

1. Medical Treatment
   
   1. Student Health Services, Scanlon Hall - x5415
   2. Noble Hospital Emergency Room (24 Hours) – 568-2811
   3. Baystate Hospital Emergency/Sexual Assault Nurse Examiner – 794-3233
2. University Police and Other Police Information
   
   1. University Public Safety Office - x5262
   2. Westfield Police Department (Emergency) - 911
   3. Westfield District Attorney - 572-1454
3. Counseling and Emotional Support
   
   1. Counseling Services, Lammers Hall Annex - x5790
   2. YWCA of Western, MA (Springfield, MA) - 733-7100
   3. New Beginnings - 562-5739
   4. Every Women’s Center (Amherst)
      Resource and Referral - 413-545-0883
      (24 Hour Hotline) - 413-545-0800
4. University Offices
   
   1. Vice President/Dean of Student Affairs - x5400, x5421
   2. Director, Student Conduct—x5403
   3. Director of Residential Life - x5402
   4. Affirmative Action/Title IX Coordinator - x8106

Review

This document will be reviewed annually by the Office of the Vice President, Student Affairs.

Residence Hall Policy

A. Introduction

Residential Life promotes personal development and civic engagement. Successful on-campus living requires that all residents are aware of the impact that their actions and choices can have, not only on themselves but also on other residence hall community members. An important aspect of this process is understanding and abiding by University policies and state and federal laws.

Residents are responsible for what occurs in their assigned rooms/apartments; and also for the collective well-being of their respective communities. Students who violate policies may face student conduct system action, criminal prosecution, administrative room reassignment, loss of housing, service charges and/or other responses based on the nature and severity of the situation.

B. Alcohol and Other Drugs

See “Alcohol and Other Drug Policy” section of this Handbook.

C. Appliances and Electrical Devices

1. Electrical appliances/devices permitted in resident rooms: blenders, clocks, coffee makers with auto shut-off, computers, fans, hair dryers/curlers, humidifiers, irons with auto shut-off, air popcorn poppers, radios, razors; refrigerators (one per resident) bearing the UL seal, operating on up to 2.5 amps and having a capacity up to 4 cubic feet; stereos, TVs. Appliances should be Energy Star rated where available. Any appliance not being used in its intended manner may constitute a health and safety hazard and is subject to confiscation.
2. Electrical appliances/devices prohibited in resident rooms: air conditioners, candle warmers, “George Foreman grills” or similar devices, halogen lamps, heat lamps, heaters, hotplates, hotpots, sandwich makers, toasters, toaster ovens and other cooking devices. To preserve a safe, healthy environment, Residential Life shall confiscate prohibited appliances. Non-approved appliances will be removed immediately upon discovery and disposed of. Repeat violations will lead to sanctions up to and including a loss of housing.  Apartment Complex, Lansdowne, University Hall and New Hall residents may have one “George Foreman grill”/sandwich maker and one toaster or toaster oven per apartment in the kitchen area.
3. Residents in traditional halls may not have microwave ovens (except for approved Polarwave units rented through the University). Unapproved microwaves will be confiscated and disposed of. Apartment Complex, Lansdowne Place, University Hall and New Hall residents may have one microwave oven per unit in the kitchen area.
4. Since meal preparation in student bedrooms poses health and safety issues, approved appliances may be used within your room for snack preparation only. Use your hall’s kitchen facilities for meal preparation.
5. Extension cords must be UL approved and at least 16 gauge. Never run cords under carpets, through ceiling grids, or over door frames.  Never place large/heavy objects on top of cords, crimp cords or overload outlets (more than two items plugged in at once). Use power strips with circuit breakers and do not plug power strips/extension cords into other power strips/extension cords.
6. For safety reasons, students must always be in their rooms when ANY cooking or other potentially hazardous device or appliance is in use.
7. To promote energy conservation, the University strongly encourages the use of CFL and LED light bulbs wherever possible in student supplied lamps and devices.
8. Be careful with laptop computers, as they can cause fires when left unattended sitting on a bed or other flammable items.  Whenever possible, set laptops on a hard surface when charging or in use. 
9. The University may require removal of any item, or establish conditions for its continued presence and use, in the interest of preserving a healthful and safe environment.

D. Damage

1. The Clear Community Response Plan is a collaborative effort by Residential Life, residence hall Maintainers and residents to promote respect for our residence and for all who live and work in them. Residents are members of a large and interdependent community, and each persons’ actions have an impact on their neighbors and the University. The Plan is designed to make students aware of conduct that is damaging to the community and to remind students that damages and extraordinary cleaning charges should be kept to a minimum. If excessive changes occur in a hall, students are notified of what has taken place and given the opportunity to take responsibility before other steps are taken.
2. Residents of a building are responsible for damage and vandalism which occurs during the year. Damages are classified as:
   
   1. Personal - the resident’s room and all University furnishings and equipment present in these spaces. Apartment kitchens, living rooms and bathrooms are also considered personal space for billing purposes.
   2. Section - the hallways, lounges, bathrooms etc. shared by residents in a specified area of a building.
   3. Common Area - public areas such as hallways, floor lounges, bathrooms, stairwells, main lounges, lobbies, game rooms, courtyards, and grounds; and all University furnishings and equipment present in these spaces. Personal and common area charges will apply to all residents. Any hall may adopt section charges by a majority vote of the residents of that hall in September of each academic year. This decision may be revisited within the first three weeks of the spring semester if brought up for review via a petition signed by at least 25% of the residents of that hall.
3. At check-in, each resident receives a detailed Room Inventory Form (RIF). Carefully complete the RIF to avoid billing concerns at check-out. The RIF will be reviewed at check-out by the Residential Life staff. Costs for room damages, missing items, and extraordinary cleaning will be billed to residents. Complete and return your RIF within 48 hours of check-in to avoid a $50 improper check-in charge and possible room damage charges.
4. Common area damages which cannot be attributed to specific persons will be apportioned among all hall residents at the time those charges occurred. Common area charges will be billed to residents during the semester and/or at the end of the semester as needed. Residents can significantly reduce these charges by being vigilant and by reporting cleaning-and damage-related incidents immediately to a staff member.
5. Section damages which cannot be attributed to specific persons will be apportioned among all section residents at the time those charges occurred. Section charges will be billed to residents during the semester and/or at the end of the semester as needed. Residents can significantly reduce these charges by reporting cleaning- and damage-related incidents immediately to a staff member.
6. The Residential Life staff conducts room damage assessments upon checkout, at the end of each semester, and as needed.
7. Routine vs. extraordinary cleaning – Residence hall maintainers are responsible for daily cleaning of public areas, trash removal from designated areas, and routine minor repairs. They are not expected to clean extraordinary messes or student rooms. Where extraordinary cleaning is needed, the individual or building will be assessed a service charge based on the nature of the occurrence.
8. Repairs may be made immediately or on a cyclical basis, depending on the nature and severity. Damage repair fees are applied to those repairs regardless of when this work is completed.
9. Appeals of personal damage charges may be submitted to ‘Residential Life, Westfield State University, Westfield, MA 01086, ATT: Damage Appeals.’ Please state which charge is being appealed and why. ONLY appeals submitted in writing by the resident being charged, and within 60 days of the billing date will be considered. Common area and section damages may not be appealed, but students may review their hall’s itemized common area charges by contacting their Residence Director during the school year or by going to the ‘Residential Life’ page of the University website after February 1 (for fall semester charges) and July 1 (for spring semester charges).
10. Students responsible for repeated or significant damages face sanctions up to and including immediate loss of housing or University status in addition to restitution.
11. Students responsible for extraordinary cleaning charges face sanctions up to and including immediate loss of housing in addition to restitution; biohazard issues related to bodily waste WILL lead to immediate loss of housing and restitution.
12. Below is a partial list for some common cleaning and damage charges including parts and standard labor charges (all prices are subject to change, and may vary from hall to hall).

Note: Bent, damaged or broken keys will be replaced at no cost as long as there is no evidence of abuse.

13. Additional, contractually-mandated charges will be assessed to individuals or residence halls as applicable for service calls on evenings, weekends and holidays:
    
    Labor Charges/Electrician $175.00 per occurrence
    Labor Charges/Carpenter $150.00 per occurrence
    Labor Charges/Heating and Ventilation $200.00 per occurrence
    Labor Charges/Locksmith $175.00 per occurrence
    Labor Charges/Plumber $200.00 per occurrence
    
    Note: Facilities may change rates to comply with contractual minimums for these services.

E. Entry into Residence Hall Rooms

1. Residential Life conducts health and safety inspections of all residential areas including student bedrooms as needed to ensure that students are living in a safe, sanitary manner and in compliance with the Residential License Agreement. Advance notice of these routine inspections will be given.
2. Maintenance and Facilities and Operations personnel/designees may enter student rooms at any time to perform needed work.
3. University staff may enter a room in emergency or ongoing situations which are believed to present immediate danger to students and/or property.
4. The University may authorize an administrative room entry or search based on reasonable grounds for believing that the search will yield evidence that the resident is in violation of University/Residential Life policies.
5. Students should also be aware that search warrants, based upon probable cause that a crime has been/is being committed, are obtained by University personnel as needed.
6. Fire alarms will necessitate a health and safety check of each room to ensure building evacuation. Staff members are obligated to report any University policy violations noted during room checks.

F. Facilities

1. Bicycles/Motorcycles/Mopeds - Bicycle storage areas are provided in most halls. Bicycles stored in public areas are safety hazards and will be removed. Motorcycles/mopeds belong in designated parking areas only.
2. Cleanliness - Residents are responsible for cleaning and keeping their rooms, suites and apartments in a safe and sanitary manner and share responsibility for maintaining common areas such as kitchens, hallways, bathrooms, and lounges. Rooms, suites and apartments should not be decorated or arranged in ways that cause safety issues or extraordinary cleaning (such as chalking or painting walls, affixing permanent additions in rooms, or other similar actions). Trash and recycling materials should be deposited regularly in the designated containers. Extraordinary cleaning charges are assessed to individuals or the hall as needed. During normal maintenance hours these charges vary, depending on the situation. After normal hours, the minimum charge is $150 per incident.
3. Cable Television - Unauthorized connection to or modification of cable lines is illegal and can result in civil, criminal, and/or student conduct action.
4. Fire Alarms
   
   1. All residence hall occupants must evacuate the building immediately when a fire alarm sounds and remain at least 25 feet from the hall. Exit using the CLOSEST fire door, and learn alternate plans of escape if an exit is blocked, and await instructions from staff regarding an assembly point as needed.
   2. Any student who fails to evacuate a residence hall during a fire alarm shall be subject to sanctions up to and including loss of housing for repeat violations.
   3. Any student found responsible for deliberately causing a false fire alarm or tampering with fire safety equipment shall be immediately expelled from the University. This includes covering, affixing items to, or disabling any fire equipment; and damaging fire exit signs or otherwise compromising building evacuation.
   4. A $500 charge is assessed to any building where an alarm is activated falsely, negligently or maliciously. A $2000 reward is offered for information leading to the successful apprehension and prosecution of any person (s) responsible for causing a malicious fire or fire alarm.
   5. Students who cause an actual fire or trigger an alarm, either intentionally or through negligence, face sanctions up to and including expulsion from the University and a $500 service charge plus actual restitution for damages and clean-up.
5. Fire Safety
   
   1. Lighting, heating, decorative, or cooking devices with an open flame or burner are prohibited. This includes all candles (even those without wicks), incense, incense burners, candle warmers, and potpourri pots. Grills used for outdoor cooking must be used at least 25 feet away from all buildings. Candles, incense, incense burners, and non-approved appliances will be disposed of immediately upon discovery. Repeat violations will lead to sanctions up to and including loss of housing.
   2. Residence hall storage of gasoline, kerosene, lighter fluid, liquid propane or any flammable liquid, or machines using flammable liquids, is prohibited. Explosives, fireworks, and/or other hazardous materials may not be stored or used in or around the residence halls.
   3. In all residence halls the bedrooms, living areas, doorways, stairwells, windows and hallways must remain unobstructed.  Nothing may be hung in any residence hall windows, doorways, or from the ceiling.  At no time should sheets, blankets, or tapestries be hung on residence hall walls.  Wall decorations must not cover more than 30% of the wall space and should not be larger than ‘3x5’.  Door decorations must not be affixed within one foot of the top or bottom, or within six inches of the side edges, of any door.  Door decorations must not cover any room number, dor lock, or handle. 
   4. Most residence hall fireplaces are decorative only and not intended for use.
   5. Holiday decorations: Live trees and wreaths are not allowed. Lighted decorations may only be on when a person is in the room. Decorations must be fireproof and cannot cover hallways, exits or doors, appliances, or electrical fixtures and they must be removed in a timely manner.
   6. The University reserves the right to remove hazardous materials or devices, or items that are being used in an unsafe manner. Confiscated items are typically disposed of.
   7. Apartment Complex fire escape doors and stairwells are for emergency purposes only. Violations will lead to sanctions up to and including loss of housing.
   8. Students must not damage, tamper with, cover or deactivate any fire safety equipment, whether in rooms (heat/smoke detectors, etc.) or common areas (pull stations, exit signs, etc.). Violations will lead to sanctions up to and including expulsion from the University.
   9. The University may require removal of any item, or establish conditions for its continued presence and use, in the interest of preserving a healthful and safe environment.
6. Common Areas – Residence hall common areas include main lobbies, game rooms, student lounges, floor lounges, laundry rooms and other spaces. To preserve a comfortable living environment for all residents, please respect these shared areas. In particular, common area furniture and equipment provided for community use are NOT to be removed for personal use within a room. Students found with such items in their rooms face student conduct action, possible criminal charges for theft of state property, and will be charged a $100 service charge per item.
7. Painting Policy – Requests to paint common areas should be referred to the Residence Director.
8. Repairs – Many repairs can be completed by your hall’s maintenance staff. If you need a room repair or see a damaged item in a public area, please inform your RD or Maintainer. For major health/safety issues, please inform an RA, RD, Maintainer or Public Safety immediately. Please remember that most facilities and maintainer staff members typically work ‘first shift’ hours (6am-2pm), so non-emergency requests made later in the day are unlikely to receive attention until the following day at the earliest.
9. Roofs – Residence hall roofs, balconies, and exterior landings are not designed for resident use; students found in these areas face loss of housing.
10. Room Furniture
    
    1. Do not put beds on radiators, cinderblocks, or other furniture. Do not place mattresses on the floor. Waterbeds are not allowed.
    2. Desk bookshelves must remain affixed to the desktops.
    3. Room furniture can only be removed with the RD’s prior approval and will be stored in a designated area as space permits.
    4. Do not remove closet doors or stack room furniture unless that furniture is designated to be stackable (New Hall end tables, University Hall dressers). 
    5. Students are not allowed to bring large, upholstered furniture made for home use (including futons and beanbag chairs) into the residence halls, as they do not meet strict state-mandated standards for residence hall fire retardance.

G. Guest Policies

1. Definition - a guest is defined as any individual who is not currently assigned as a resident of that particular residence hall room.
2. Residents are responsible for the behavior of their guests. Hosts must ensure that guests abide by all University and residence hall policies. Guests who are not Westfield State University students will be banned from campus and face possible civil/criminal action for policy violations. Guests who are Westfield State University students face loss of guest visitation privileges and possible additional student conduct action as well as possible civil/criminal action for University policy violations.
3. In ALL cases, the rights of Westfield State University residents shall take precedence over the rights of guests. Specifically, residents have the right to prohibit or restrict guest presence in their own rooms, particularly in the case of overnight guests.
4. A guest’s stay may not exceed three (3) overnights in any week (Monday-Sunday). An extended pattern of visitation which, in the judgment of Residential Life staff, indicates illegal residence in a building or disrespect for a roommate’s rights may lead to immediate removal of the guest, disciplinary action, reassignment to another room, and/or loss of the host’s and guest’s sign-in privileges.
5. Guest Sign-In
   
   1. Any guest who is not a current Westfield Sate University student must be signed in and escorted at all times by the host. Failure to follow correct sign-in policy will result in guest removal from campus and guest restrictions for the host.
   2. Current Westfield State University students must provide a valid University ID upon request of Residential Life staff member or other University official as requested and upon entering a residence hall whenever the desk is staffed. Repeated failures to present ID as requested will lead to more stringent sanctions up to and including loss of housing.
   3. Any guest 18 years of age and older must provide a valid picture identification upon request of a University staff member and a document indicating date of birth (these may be the same document). Failure to provide valid identification will result in immediate guest removal.
   4. Any guest who is under 18 years of age must provide a valid ID and a document indicating date of birth (these may be the same document) and an emergency phone number as well as written authorization for the visit from a parent or guardian. Except for specially approved programs or circumstances, no guest under 16 years of age will be permitted to be signed into a residence hall without the presence of their parent or guardian. University staff members may call to confirm authorization for a visit. Underage guests who violate University policies will be required to leave and face parental notification.
   5. A resident may sign in up to two guests at any one time.
   6. At any time, each traditional room or apartment is limited to a maximum of three (3) times the number of residents present.
6. Commuters are welcome to visit the residence halls under these guidelines.
7. Guest policies may be changed at specially designated times such as Spring Weekend and others as identified by the Vice President, Student Affairs.

H. Keys and Residence Hall Access

1. Residence hall access keys and cards belong to the University and are assigned to residents for their personal use only. You are responsible for carrying your assigned keys and ID card at all times. Keys and ID cards are not to be loaned to anyone for any reason.
2. Lost keys - Report to your RD immediately so a lock change can be done. Students will be charged for a lock change for any keys that are lost or not returned.
3. Lockouts - Call Public Safety (x5262). The lockout service charge is $15.
4. Unauthorized possession or use of a University key or ID not officially issued to you, duplication of any University key or ID, or loaning of a University key or ID issued to you or any other person is a major offense and will result in suspension from housing or the University.

I. Occupancy Issues

1. Eligibility - Full-time (at least 12 credits) Westfield State University undergraduate Day students have first priority for on-campus housing. Bills must be paid in full.
2. Commuter students who go on exchange shall be commuter students when they return. Commuters may request on-campus housing at any time and are accommodated as space permits.
3. The Residential License Agreement (RLA) applies to both the fall and spring semesters; it sets forth the terms and conditions for living in the residence halls. It explains room assignment, billing, withdrawal and refund procedures, lists policies and outlines meal plan information. A signed Agreement is required of all residents; a copy will be returned for your reference. Room Reservation Deposits are non-refundable. Students who seek to leave housing before the end of the academic year are subject to a Cancellation fee.
4. Check-In/Check-Out Procedures
   
   1. Upon arrival, check in to your assigned room with a Residential Life staff member. This requires you to complete and sign a Room Inventory Form (RIF) and return it to the RA/RD. You will also receive your living area and mailbox keys. When you leave housing or change rooms/buildings, check out with an RA or RD, sign your RIF and return the keys. Failure to return your RIF within one week of check-in will result in a $50 improper check-in charge and will result in the assumption that the room was in completely satisfactory condition upon arrival.
   2. Failure to properly check in or out of a room will lead to a $50 fee plus applicable lock changes/key changes.
   3. To avoid charges, empty all drawers and closets, remove carpets, furniture, and personal belongings, and clean your room before leaving. Room cleaning fees start at $25. A per item removal charge will be assessed for large items such as carpets and furniture.
   4. No refund can be considered or processed until a resident has officially checked out of his/her assigned space. Any check-out done after regular business hours (Monday-Friday, 9:00a.m.-5:00 p.m.) will be processed as being effective on the next regular business day.
   5. Students no longer in housing who do not retrieve personal belongings within one week of departure will be charged for packing, storage and/or shipping of items. The University may also, at its option, dispose of or donate to charity any unclaimed items.
5. Room Changes
   
   1. Successful roommate relationships are an important learning component of the residential student experience and a responsibility shared by the roommates.
   2. Room changes requested in response to roommate conflicts are generally considered only after other options and educational processes have been explored.
   3. Students requesting to be re-assigned may be asked to take an active role in determining which available space is likely to be most successful for them.
   4. While individual needs weigh heavily in all decisions regarding room requests, the needs of the campus residential community-at-large and the integrity of the room allocation process are also key considerations.
   5. All room changes must be approved, and scheduled with, designated Residential Life professional staff members.
   6. When a student moves out of a room, it is the responsibility of the remaining resident (s) to rearrange furniture and storage space to accommodate a newly assigned roommate in anticipation of his/her arrival.
   7. All housing sign-up and room change processes and timeliness occur at the discretion of Residential Life and are subject to change.
   8. Students must not reside in on-campus spaces other than the ones to which they are assigned, and for which they are issued keys.
   9. All room assignments are subject to change by Residential Life at any time.
   10. In case of serious roommate conflicts in which residents are unable to resolve the situation, Residential Life will intervene and may, at its discretion, move any or all students involved in the interest of resolving the immediate conflict and preserving an appropriate living/learning environment.
   11. See also: Residential License Agreement and Terms & Conditions
6. Vacation periods and semester breaks - All residence halls are closed during official University recess periods and may not be entered at these times without prior Residential Life approval. Residents are to vacate the residence halls within 24 hours of their last final exam or by closing on the last day of finals, whichever comes first. Interim housing may be available during periods when the halls are closed. Associated fees, contract terms, and restrictions will be at the discretion of Residential Life.
7. All residents except those in the Apartment Complex, Lansdowne Place and New Hall must purchase a University meal plan. Exemptions from the meal plan will be considered for students providing legitimate medical documentation. Meal plan exemption forms may be obtained at Residential Life. Only completed forms received at Residential Life before the semester begins or within the first two weeks of classes will be considered. Be advised that the food service staff can make special accommodations for a variety of dietary needs.
8. Under-Capacity Rooms, Suites, and Apartments – The University, at its option, may choose to do any of the following regarding residents living in undercapacity rooms: 1) place a student in the empty space; 2) have students in partially full rooms move in together; 3) allow students living in undercapacity rooms to pay a “deluxe fee” to retain the room at its current, reduced capacity for the remainder of the semester. Students living in suites or apartments are responsible for maintaining those accommodations at full occupancy and may be required, at the University’s discretion, to consolidate within their existing apartment, move out of their apartment/suite to other on-campus accommodations or to pay an additional, prorated “deluxe fee” based on the number of vacancies. This provision is in place based on the popularity of apartments/suites and on the difficulty faced by the University in making student assignments into these type of housing.
9. Depending on the availability of housing and current waiting list procedures, there is no guarantee that a student who is suspended from housing will be able to return to campus to live after his/her suspension is complete.
10. On-campus living is a privilege, not an entitlement. Residents who demonstrate an inability to coexist with other residents in a residence hall room, section or community are subject to having their on-campus living privileges revoked for future academic years; and also face administrative reassignment and/or student conduct charges during the current academic year. Examples of such behavior include, but are not limited to: significant incidents of vandalism, threats toward or harassment of students or University employees in the residential setting, and other serious policy violations; or a persistent pattern of violating University and residence hall policies.
11. While residence hall suites and apartments may be co-ed, all bedrooms must be single-gender.

J. Personal Belongs

You are responsible for your belongings. Except as required by law, the University does not assume responsibility for loss of, or damage to, personal articles by fire, theft, or other causes. Residents are encouraged to acquire property insurance coverage.

K. Pets

No pets of any kind are allowed in the residence halls (except for service or assistance animals). Repeat violations will lead to sanctions up to and including loss of housing. Depending on the situation, residents will be held responsible for removing the pet; and for any costs associated with the care or removal of a pet.

L. Posting Policy

1. All posters, notices, petitions, and other publicity must be approved at the Office of Residential Life prior to residence hall posting. Approved items will then be posted in the halls by the Residential Life staff in appropriate areas. Posters may not be placed on windows, painted surfaces, or stairwells. Students/groups/organizations must be clearly identified on any postings. Items posted improperly will be discarded.
2. Individuals and groups wishing to advertise events or services that may be of interest to on-campus residents should contact the Office of Residential Life for permission. The Executive Director of Residential Life (or designee) reserves the right to refuse permission to advertise for those events or services that promote the use of alcohol or are insensitive to members of the campus community. Approved items will be then posted in the halls by the Residential Life staff in appropriate areas.

M. Quiet Hours/Consideration Hours

1. Campus-wide quiet hours are:

Quiet hours on weekend nights are set by the City of Westfield Noise Ordinance. All other times are “consideration hours” when students should respect the needs of others. The rights of students to study and rest take precedence over all other considerations.

2. If you have a concern about noise, first attempt to resolve the matter yourself with the student involved. If you still need assistance, contact a residence hall staff member or Public Safety.
3. The following are always violations of quiet/consideration hours:
   
   1. Use of sound equipment (stereos, amplifiers, subwoofers, musical instruments, air horns, etc.) which can reasonably be expected to inhibit residents’ study or sleep;
   2. Participation in sports activities in or near the residence halls;
   3. Shouting or playing stereos out of the windows;
   4. Disruptive gatherings in rooms, hallways, or lounges.
4. Immediately preceding and during final exams, quiet hours are in effect 24 hours a day. Quiet hours violations during this crucial period can result in removal from University housing for the remainder of the semester.
5. Repeated quiet hours violations indicate that a resident is unwilling or unable to respect the needs of others. Such situations negatively affect the educational environment and shall result in a written warning, probation, administrative room reassignment, or loss of housing for repeat violations. In addition, students may be required to remove equipment when its use has been disruptive to the environment.

N. Safety and Security

1. To maintain a safe environment, common doors that provide access to residential areas are locked at all times.  These doors can be opened with your University ID card. Other entrance doors are typically locked and alarmed at all times unless otherwise specified in your hall.  Exterior doors should never be propped open; violators will be subject to sanctions. Public Safety, Residential Life and other staff members provide coverage for each hall as assigned. For the protection of the community, students are expected to present their valid University ID with the current semester’s sticker upon entering a residence hall whenever the desk is staffed or as requested.
2. Sports - Due to potential danger to people and property, athletic activities are prohibited inside or within 25 feet of a residence hall (includes courtyards and parking lots).
3. Weapons – Possession, storage, or use of any weapon or other similar potentially dangerous or illegal device is prohibited on the University campus. Having a weapon or similar potentially dangerous devices in the residence halls, regardless of whether or not the weapon is considered by the owner to be a decorative toy, sporting, or collectible item, is a major offense.
4. Windows/screens - For safety reasons, dropping/throwing objects from windows, leaning out of windows, entering or exiting a hall through a window, and placing yourself or property outside a window, on a window sill or building ledge are prohibited. Screens must remain in place at all times or a $50 screen replacement service charge will be assessed.
5. Students who create a significant health and safety hazard in or near a residence hall, either intentionally or through negligence, demonstrate a lack of appropriate concern for the well being of other residents and face sanctions up to and including loss of housing.

O. Smoking/Tobacco Use

1. Smoking and/or the use of tobacco products will not be permitted on any University property or University leased property including buildings, grounds, walkways, parking lots, wooded areas and all other property owned or operated by the University (See Smoke Free/Tobacco Free Campus Policy).
   

P. Solicitation

Commercial activities, solicitations or advertisements are prohibited in or near University residence halls.

Review

Policy changes: Changes or updates in Residential Life policies and procedures shall be implemented after written communication from the Director of Residential Life or the Vice President, Student Affairs. Hall Councils may also choose to strengthen a policy by majority vote of the Council and approval by the Director of Residential Life but may not weaken or change its intent. All policies shall be reviewed annually by the Vice President, Student Affairs and any changes must be approved by the University President.