Student Life and Related Policies

Acceptable Use of Information Technology Resources

(The following text is taken from the Acceptable Use of Information Technology Resources Policy.  The entire text of this policy is available by contacting the Information Technology Services Department located in Wilson Hall, Room 100 or by going to www.westfield.ma.edu/university-policies, policy #0380.

Purpose

The purpose of this policy is to provide guidelines for the appropriate use of information technology resources at Westfield State University and establish sanctions for violations of this policy. 

Unacceptable Uses of University Information Technology Resources

The University permits limited, occasional or incidental personal use of its information technology resources.  Even when occasional usage is permitted, however, faculty, staff, students and other authorized users should use discretion when using information technology resources for personal reasons. 

The University prohibits the use of its information technology resources for the following purposes:

• In furtherance of any illegal act, including the violation of any criminal or civil laws or regulations, whether local, state, or federal;
• For any political purpose;
• For any commercial purpose;
• To violate any University policy;
• To discriminate against any person on the basis of any legally protected characteristic;
• To harass any person on the basis of any legally protected characteristic, including sex;
• To access or share sexually explicit, obscene, or otherwise inappropriate materials;
• To infringe any intellectual property rights;
• To gain, or attempt to gain, unauthorized access to any computer or network;
• For any use that causes interference with or disruption of network users and resources, including propagation of computer viruses or other harmful programs;
• To intercept communications intended for other persons;
• To misrepresent either the University or a person’s role at the University;
• To libel or otherwise defame any person;
• To use email or messaging services to threaten, harass or intimidate another person, for example, by broadcasting unsolicited messages, by repeatedly sending unwanted e-mail, or by using someone else’s name or user-id;
• To waste computing, network or technology resources, for example, by intentionally placing a program in an endless loop, printing excessive amounts of paper, or by sending chain letters or unsolicited mass mailings;
• To add, remove or modify equipment comprising the Information Technology resources at the University unless they have been explicitly authorized to make such changes by the Chief Information Officer or his representative;
• To install on the University’s network for any purpose or use any peer-to-peer file sharing applications.  In addition, any other network-based, non-academic application that consumes the University’s bandwidth may be limited or restricted.  The Information Security Officer must approve the installation of any server or server-based application on the University’s network. 

This list is illustrative and not exhaustive, and the University reserves the right to determine other prohibited activities and/or unauthorized uses that are not specifically identified in this policy. 

Administrative Medical Leave of Absence

Purpose

The purpose of this policy is to describe the University’s ability to initiate a student’s involuntary withdrawal from the University for certain extraordinary physical or mental health reasons.  As a rule, the policies and procedures stated in the Student Conduct Regulations are the preferred method for addressing student behavior.  Still, the University also recognizes in some instances involving underlying medical and mental health issues, the University is in a better position to take more appropriate actions in the best interest of the student and/or the University. 

The University may require a student to take a mandatory administrative leave of absence in the event the student has an illness, condition or behavior that poses a direct threat to the health and safety of the student and/or the campus community.  This policy attempts to address the difficulties with a humanistic approach by mandating an interim leave of absence and psychological evaluation with due process rather than dealing with the challenging behavior from a strictly disciplinary approach and/or dismissing the student from the University. 

Standards

A student can be placed on mandatory administrative leave of absence from Westfield State University or from the University Residence Halls, if it is determined that the student as a result of an extraordinary physical or mental health situation:

• Poses an imminent danger to self or others;
• Engages in or threatens to engage in directly and substantially impeding the lawful activities of others;
• Causes significant disruption to the academic or University-related activities of others;
• Lacks the capacity to respond to pending disciplinary charges or did not know the nature of wrongfulness of the conduct at the time of the offense; or
• Renders the student unable to live independently in University owned or leased housing or unable to provide their own health and welfare. 

These standards do not preclude removal from the University, or residence hall, in accordance with provisions of the residence hall room and board license, or other Westfield State rules and regulations.

The student will be expected to meet with the Dean of Students (or their designee) and will be informed in writing of the administrative leave of absence.  During an administrative leave of absence, the student will only be permitted on University property when approved, in writing, by the Dean of Students (or designee). 

When a student is medically withdrawn from the University, either involuntarily or voluntarily, the student may receive a withdrawal without academic penalty (no failing grades will be assigned) from the current semester.  A notation of “W” will be placed on the transcript and the student will only be eligible for refund if they meet the requirements of the normal Withdrawal Refund Policy Schedule as established by the Office of Student Accounts. 

Administrative Leave of Absence Hearing Procedures

1. Any student who is subject to an involuntary leave, withdrawal or administrative action shall be accorded a hearing. 
2. Any student may waive their rights hereunder, including the student’s right to a hearing.  The Dean of Students/designee may accept a student’s waiver of hearing for the purpose of resolution by agreement to voluntary leave, withdrawal or other action.
3. The hearing shall be informal and shall be conducted in accordance with the following guidelines:
   • The student will be informed in writing of the time, date and location of the informal hearing.
   • The case file and all other relevant reports and documents (i.e. discharge paperwork, personal medical provider recommendations, etc.) will be available for examination by the student in the Dean of Students’ Office during normal business hours.  The file need not include the personal notes that are not a part of the University’s own records.  Copies of any documents contained in the file shall be provided, upon their request, to the student. 
   • The informal hearing shall be conversational and non-adversarial. Formal rules of evidence will not apply.  The Dean of Students/designee shall exercise active control over the informal hearing.  Any person who disrupts the proceedings may be excluded. 
   • The student shall have the right to be assisted and counseled by a person of their choice.  This person may be present at the hearing to advise and counsel the student, but may not represent the student in the proceedings; unless the student is physically incapable of speaking on their own behalf. 
   • The student will be given reasonable time to ask relevant questions of any information provided at the informal hearing, as well as to present relevant information to the Dean of Student/designee.
   • The hearing may be conducted in the absence of a student who fails to appear after proper notice.
   • The Dean of Students/designee may permit a University official, and the health professional who prepared the evaluation, to appear at the hearing and to present evidence in support of any recommendation for involuntary administrative action or withdrawal.  This provision may be invoked in factually complicated cases when reliance upon a written evaluation may not be sufficient.
4. The Dean of Students/designee shall render a decision relative to whether the student should or should not have imposed upon them an involuntary administrative action or involuntary withdrawal from the University.  The Dean of Students/designee shall decide that a student should be subject to such action or such withdrawal only upon a determination, based on credible and persuasive information that one or more of the standards listed above been shown to exist. 
5. If the Dean of Students/designee decides that the student should be subject to such action or such withdrawal, her or she shall set forth their findings of fact and the reasons on which their decision is based.  In the case of an involuntary withdrawal, they shall also state the date after which a request for readmission will be considered and any conditions that must be fulfilled before any such request will be considered.  In most cases, at least one (1) full academic semester must have passed from the time of the withdrawal before the student is eligible to re-enroll and return to campus.  The decision of the Dean of Students/designee shall be transmitted to the student.

Administrative Leave of Absence Appeal Procedures

Students may appeal the Dean of Student’s/designee’s decision by filing an appeal within five (5) business days of the date of the decision to the Dean of Students Office.  Upon timely receipt of the appeal, the Dean of Students/designee shall submit written statements from the student and the Dean of Students/designee and any other supporting documentation to the appellate body for review.  The appellate body shall consist of members of the Student Conduct Board.  Within seventy-two (72) hours of receiving the appeal, the appellate body shall issue a written decision to the student in which it will uphold or deny the decision.  All appellate decisions are final.  Until a final decision has been rendered by the appellate board, the original decision remains in place. 

Re-Admittance Procedures

In order to return to the University from administrative leave of absence, a student may be required to:

1. Meet with the Dean of Students (or designee).  The Dean of Students/designee in considering an application for re-admission following such withdrawal, may request documentation from appropriate medical or mental health personnel to substantiate the student’s readiness to return to active study at the University.  As appropriate, the Dean of Students/designee may provide the student with written conditions (e.g., compliance with medical/mental health treatment recommendations) to be met for continued attendance.
2. Meet with a member of the Counseling Staff (if leave was due to a mental health issue).
3. Provide written consent for appropriate consultation among University offices and off-campus providers.
4. Contact Department of Residential Life to discuss on-campus opportunities after approval from the Dean of Students (or designee).

The Dean of Students will inform the student in writing of the approval or denial to return to the University and to return to University housing, if requested. 

Interpretation of Policy

Any questions regarding the interpretation of this policy shall rest within the authority of the Vice President for Enrollment Management and Student Affairs for final determination.  Any reasonable deviation from these procedures as determined by the Vice President for Enrollment Management and Student Affairs will not invalidate a decision or proceeding unless significant prejudice to a student may result. 

Alcohol and Other Drug Policy

Introduction

The Westfield State University’s (hereinafter “University”) policy and regulations pertaining to the possession and consumption of alcoholic beverages and the illegal possession, use, distribution, and sale of illicit drugs and controlled substances are designed to: (1) conform to state and federal laws, including the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act; and (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 this policy in the student code of conduct 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.  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 Prohibition

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 outside of approved or licensed locations or other permissive purposes.
2. The delivery or service, gratuitously or paid, 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. Public drunken disorderliness is prohibited on University property or at University sponsored activities or events.  Public drunken disorderliness is defined as any intoxication or impairment caused by the consumption of alcohol which causes a disturbance or is dangerous to self, others, or property or in any way requires the attention of University staff, police, or medical personnel.  
4. Operating a vehicle under the influence of alcohol (to any extent) is prohibited.
5. 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, on any University property, owned or leased, without prior authorization from the University, are prohibited and shall constitute a major infraction of University regulations.
6. Drinking funnels or any similar drinking devices and paraphernalia are prohibited on any University property, owned or leased.
7. Alcoholic beverages and/or alcoholic beverage containers are prohibited from all traditional residence hall rooms (Courtney Hall, Davis Hall, Dickinson Hall and Lammers Hall) and all other public areas of the University. 
8. Any gathering on University property is prohibited (however large or small where: a) any violation of the student code of conduct occurs, including but not limited to where guest(s) under the age of twenty-one (21) are present; and b) the gathering promotes the binge consumption of alcohol and/or encourages alcohol consumption, such as through drinking games.
9. Open containers of alcoholic beverages (seal broken) are prohibited in all public areas of the University except in authorized or licensed locations.
10. The manufacturing of any alcoholic beverage on University property, owned or leased, is prohibited.
11. Alcoholic beverages shall not be for sale by anyone not licensed by the appropriate authority and shall not be done on campus without authorization from the University.
12. 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 or approved by the University is strictly prohibited and will be considered a major violation of this policy. Prohibited conduct includes, but is not limited to, the advertisement or other promotion of events at authorized alcohol area 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 (on the University’s campus) for any such event, and participation in arranging group transportation for any such event.

B. Alcohol Enforcement/Sanctions

1. Students over the age of twenty-one (21) who choose to consume alcoholic beverages are responsible for their actions and should such behavior detract from the health, safety, property, and educational interests of the University community, these students will be held accountable through the sanctions process.  Students area also responsible for making their guests aware of the alcohol policy and may be held accountable for any inappropriate actions of their guests.  Generally, the influence of alcohol on a student’s judgment or behavior will not be accepted as a mitigating factor with respect to the resolution of an act of misconduct.  This applies to all persons regardless of age.  Sanctions can range from restrictions to residence halls and probation to expulsion.  Sanctions are determined on a case-by-case basis and are designed to help students consider their responsibility as members of the University community.  
2. 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 on campus housing 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.

• 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 any container(s) that indicate the probability of common source drinking of alcoholic beverages or bar service (whether full, partially full, or empty).
• The delivery or service, gratuitously or paid, of alcoholic beverages to a person under the age of twenty-one (21).
• The promotion or solicitation of any alcohol related activity that is not sponsored or approved by the University.

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

• 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 code of conduct.
• Subsequent violations of the alcohol portions of this policy and or drug portions of this policy reference in detail below, in any combination whether both alcohol, drug, or any combination of within a period of twelve (12) consecutive months will result in progression to the next level of sanction. Unless indicated by other provisions in this policy, once a twelve (12) consecutive 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.
• More than four (4) alcohol and/or drug violations or any combination thereof over the course of a student’s University career will result in a Limited Expulsion from the University.  Limited Expulsion is defined as a removal from the University.  Review for readmittance will be granted only after expiration of two calendar years from the time of removal. 

C. Group Functions

Alcohol may be served on campus or at University-sponsored events only under licensed conditions.  Permission and approval for the use of alcoholic beverages for student group functions on University property or at University related events shall be obtained from the Dean of Students, or their assigned designee acting on the recommendation of the University Alcohol Review Board.   Requests must be submitted at least (60) calendar days in advance of the event.  These procedures can be found https://www.westfield.ma.edu/documents/alcoholicbeverageseventapplication.

Student organizations may only hold functions/events with alcohol at an off-campus venue with a permanent license for alcohol service.

Policy - Other Drugs

A. General Prohibition 

1. The University has a no-tolerance drug policy.  Illegal drugs are prohibited on the property of the University and at all University sanctioned events, wherever located.  The University will enforce all applicable laws concerning illegal drugs.  
2. When illegal drug use is suspected, when the University is notified of illegal drug use, or when persons are apprehended in the presence of, in possession of, using or selling illegal drugs, appropriate steps will be taken to determine the facts involved, provide the appropriate due process and proceed to a just conclusion.  Persons determined by the University Police to be in possession of, using or selling illegal drugs may be prosecuted and/or referred for University disciplinary action.  
3. Suspected violators of this policy are subject to immediate suspension from the University or any area thereof pending completion of due process.  If following due process the suspected violator is found responsible, they may be subject to disciplinary action up to and including expulsion from the University and will also be subject to criminal prosecution under applicable laws.  

B. Drug Paraphernalia

1. The use or possession of drug paraphernalia (all equipment, products, devices and materials of any kind that may be used to plan, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack store, contain, conceal, distribute, dispense, inject, ingest, inhale or otherwise introduce into the human body an illegal drug or unlawful or unauthorized controlled substance) on the University’s campus is strictly prohibited.
2. All violators of these regulations concerning the possession of drug paraphernalia 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 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.

Second Offense:  Suspension from University housing suspension for one (1) full academic semester or more with readmission to occur after verification and 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 on campus housing after their suspension is complete.  

Third Offense:  Suspension from the University for one (1) full academic semester or more with readmission to occur after completion of a counseling evaluation and any recommended follow-up treatment.  NOTE: Drug paraphernalia which contains matter that tests positive for an illicit substance or marijuana may constitute possession and may lead to sanctions against the student.

C. Marijuana Use or Possession

1. As marijuana is not allowed to be possessed or used under Federal law, the use, distribution, and/or possession of marijuana, including marijuana prescribed for medical purposes, 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: 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 on campus housing  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:

• 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. 

• Subsequent violations of the alcohol portions of this policy and/or marijuana portions of this policy in any combination whether both alcohol, marijuana or any combination within a period of twelve (12) months will result in progression to the next level of sanction. Unless indicated by other provisions in this policy, once a twelve (12) 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. 

• More than four (4) alcohol or marijuana violations or any combination over the course of a student’s University career will result in a Limited Expulsion from the University.
• 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 Free/Tobacco Free Campus Policy.

D. 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 prescription medication without a prescription, or found to be using such illicit drug substances, or inappropriate use of prescription drugs 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, or inappropriate use of prescription drugs 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 Dean of students (or their designee).
3. Any student responsible for a third offense of possession or use of an illegal drug substance, or inappropriate use of prescription drugs during their University career shall be expelled from the University with no right of return.  

E. Possession With Intent to Sell or Distribute 

1. Any student found responsible after due process for possession with intent to sell or distribute any prescription drugs, marijuana or any illegal drug substance will be expelled from the University with no right of return.
2. Evidence indicating possession with intent to sell or distribute any prescription drugs, marijuana or any illegal drug substance may include, but not limited to, possession of a large amount of prescription drugs, marijuana or illegal drug substance, and/or possession of any amount of prescription drugs, marijuana or any 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 or distribution of illicit substances or other quantifying devices.

F. Drug Sale or Distribution

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

G. Smoke, Tobacco and Marijuana Free Campus

POLICY

1. Smoking and/or the use of tobacco and/or marijuana products is prohibited 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.  The only exception to this prohibition is that the smoking of tobacco cigarettes only may be allowed in designated areas approved by the University President and marked by appropriate signage. 
2. Smoking and/or the use of tobacco and/or marijuana products in University owned or leased vehicles is prohibited. Smoking and/or the use of tobacco and/or marijuana products is also prohibited in personal vehicles when those vehicles are on University property.
3. The use of edibles, THC Pills, and vaporizer devices including, but not limited to, hookah pens, marijuana pens and e-cigarettes is prohibited on all University property or University leased property as described in #1 above. 
4. 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 or marijuana, in any form in violation of this policy, are to be reminded, in a professional and courteous manner, of the University policy.
5. Students in violation of this policy shall be referred to the University student conduct system for disciplinary proceedings for repeated offenses (Employees in repeat violations of this policy will be referred to the Office of Human Resources, Title IX and Equal Opportunity).
6. To assist those who wish to stop their personal use of tobacco or marijuana products, the Office of Human Resources, Title IX, and Equal Opportunity, the Health Services Department, the Counseling Center and the Employee Assistance Program (EAP) can direct employees and students to tobacco and marijuana cessation programs which the University might provide.
7. Any questions regarding the interpretation of this Policy rest within the authority of the Vice President, Enrollment Management and Student Affairs (or their designee for students) and the Associate Vice President for Human Resources, Title IX and Equal Opportunity (for employees).

Policy - Alcohol and Drug Guidelines

A. Additional Guidelines

1. Consistent with the Family Educational Rights and Privacy Act, the University may notify the parent or legal guardian of students under twenty-one (21) years of age without the student’s consent each time the student has violated any law or policy concerning the use or possession of alcohol or a illegal or unauthorized substance.  The University shall exercise discretion not to notify parents/guardians based on documented evidence of an abusive family situation and will not provide specific information to parents/guardians regarding the incident or the student’s conduct history without a signed release from the student.
2. For the purpose of this policy, the University’s “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.
3. Persons found to engage in public drunken disorderliness 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.
4. In any situation that the University deems to be an emergency, such as a situation where a student is 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/emergency contact or other persons without the student’s consent.  
5. 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.
6. 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 reasonable suspicion that the container is being used to bring onto campus any alcoholic beverage or other material in violation of University policy.

Amnesty

Statement and Purpose

Westfield State University supports a safe and inclusive environment that enhances academic pursuits and student success.  A Medical Amnesty Policy benefits our campus by encouraging students to make responsible decisions in seeking medical attention in serious or life-threatening situations that result from alcohol and/or other drug use or abuse and in any situation where medical treatment is reasonably believed to be appropriate.  This policy seeks to diminish fear of disciplinary and conduct sanctions in such situations and to encourage individuals and organizations to seek needed medical attention for students in distress from alcohol and drug use.  

This policy does not grant “full immunity” to a student who acts under Amnesty (i.e., seeks emergency assistance on behalf of themselves, another student, or a friend experiencing an alcohol and/or drug related emergency) if a determination is made, independent of any information gained as a result of the call for medical attention, that Student Conduct charges are appropriate.  

Alcohol or other drug consumption (including but not limited to: excessive consumption; consumption of a dangerous or illegal substance; or consumption by someone with sensitivity) can cause serous harm or pose a threat to life.  Given these risks, students are encouraged to make responsible decisions and to seek medical attention in serious or life-threatening situations that result from alcohol and/or other drug consumption and to call the Westfield State University Police Department (413) 572-5262, (or 911 if off campus) for medical attention.  Students are also encouraged to seek help for any situation where medical treatment is reasonably believed to be appropriate when problematic use and/or abuse is an issue.  

Procedure

Westfield State University students who seek medical attention as a result of alcohol and/or illegal drug use are eligible for Amnesty and may not face formal action under the Westfield State University Student Code of Conduct.  Westfield State University students seeking medical assistance for another person during an alcohol or drug-related emergency while simultaneously violating a student conduct policy against alcohol or drug use or possession are also eligible.  Under the Student Code of Conduct, students are required to meet with a professional staff member in the Student Conduct Office within (5) class days of the incident.  The staff member, after evaluating the situation, will determine appropriate educational actions for the student per the University’s Alcohol and Other Drug policy.  Actions may include but are not limited to:  parental notification, an alcohol education workshop and/or meeting with an alcohol and other drug counselor and a written work project.  Students who are referred but fail to meet and complete the alcohol and/or other drug actions in their entirety may be subject to additional requirements.  In addition, if a registered student is transported to an emergency medical treatment center for intoxication or drug use, the student’s parents or guardians will typically be notified by a representative from the Office of Student Conduct if it is determined to be necessary to protect the health or safety of the student or other individuals.  

If the student is involved in any subsequent (i.e., repeat) alcohol and/or drug abuse incidents, the situation will be re-evaluated by the Office of Student Conduct to determine if the student qualifies for an Amnesty exemption.  The availability of Amnesty exemptions for students with repetitive violations will be determined on a case-by-case basis.  Typically, repeated situations will be handled through the Student Conduct process and will be considered for sanctioning purposes.  This subsection applies only to students receiving medical attention; students who help others seek medical assistance are not limited to any number of Amnesty exceptions. 

1. Amnesty applies to Westfield State University students who initiate and seek assistance and/or medical treatment on behalf of themselves, another student, or a friend. 
2. The protocol applies only to the Westfield State University Student Code of Conduct, housing policies, and registered student organization policies.  Law enforcement agencies may act within their jurisdictions in enforcing the laws enacted by the State of Massachusetts, the United States, or any other state or nation where jurisdiction may be invoked.  
3. Amnesty applies only to individuals’ use of alcohol and drugs where medical attention is needed.  It does not apply to other prohibited behavior such as distribution of illicit substances, property damage, harassment, or assault.  
4. Amnesty also applies to Westfield State University students who are victims of sexual assault and have also engaged in underage alcohol consumption or illegal drug use. 

Review

This policy will be reviewed every three years by the Dean of Students Office. 

Approved Animal Policy

Westfield State University is committed to making its educational programs and facilities accessible to people with disabilities. By policy, animals are not allowed in residential and administrative buildings on campus. However, a reasonable accommodation of a support animal in a student’s residence will be determined on a case by case basis as a modification to this policy. Students who require a support animal as a reasonable accommodation must register with the Banacos Academic Center as a student with a disability, fill out the Center’s reasonable accommodation request form and provide appropriate supporting documentation. This accommodation must be requested by the student annually. The University reserves the right to amend or make changes to this document as deemed necessary. Support animals are not allowed in any building on campus other than the assigned residence of the student approved fro the reasonable accommodation. Since these guidelines are primarily put into place to protect the health and safety of the handler, other community members, and the animal itself, please be aware that failure to abide by these guidelines may result in the immediate removal of the animal and/or Student Conduct Action.

• The student, hereinafter referred to as the “handler”, has sole responsibility for the care and conduct of the support animal. The University is not responsible for the care, conduct or supervision of any support animal.
• The handler must abide by all state and local laws regarding animals. The handler must provide the following to the Banacos Advisor when registering a support animal:
  • Proof of legally required vaccinations if the approved animal is a dog, cat, or ferret.
  • Proof of licensing in the City of Westfield if the approved animal is a dog.
• When an animal is taken out of the handler’s room/apartment/suite it must be kept harnessed/leashed or in a carrier, crate or cage under the control of the handler. Animals must not be left unattended when outside of the handler’s room.
• Animals must remain in the handler’s room/apartment/suite. Requests for expanded approval in other areas of the handler’s assigned residence hall must be approved by the Area Coordinator/Assistant Residence Director.
• The handler is responsible for utilizing the following approved waste guidelines:
  • Animals that make waste outdoors should do so on grass-covered areas. The Woodward Center, athletic fields, and areas being used by Intramurals are prohibited. The handler is responsible for immediate cleanup of the animal’s waste.
  • Animals who make waste indoors will need to have a litter box or other appropriate receptacle provided by the handler located in the handler’s bedroom. The handler is expected to clean waste receptacles regularly.
  • All animal waste must be disposed of in a designated trash receptacle outside of the residence hall.
• Animals, their crates, litter boxes and other related materials must be kept clean in an area designated by the Environmental Services staff in the handler’s residence hall. The handler will need to coordinate the use of the designated area with Environmental Services staff and Area Coordinator/Assistant Residence Director of the handler’s residence hall.
• The animal must not be left alone in the residence hall for more than ___consecutive hours (number of hours designated in individual agreements signed with Banacos Advisor). When leaving campus for more than the number of hours identified above, the animal must accompany the handler and may not be left in the care of another student.
• When the animal is left alone in the handler’s room the animal should be appropriately crated or caged to ensure it does not escape in case University staff need to enter the room.
• Animals must not constitute a direct threat to the safety of the handler or others.
• Animals must not make excessive noise that has the potential to disrupt other community members.
• The handler is presumed financially responsible for property damage caused by the animal including, but not limited to, cost of repairs, replacement or extraordinary cleaning of facilities or furnishings and any bodily injury or personal injury caused to other persons by the animal. Massachusetts General Law, Chapter 140, Section 155 includes additional liability information for handlers with dogs.
• Violations of these guidelines may be documented and reported to the Area Coordinator/Assistant Residence Director of the handler’s residence hall including observed violations by staff or others as well as violations discovered during Health and Safety Inspections.
• The handler is responsible for notifying the handler’s Banacos Advisor if the handler decides to no longer have their animal on campus.
• Since these guidelines are primarily put into place to protect the health and safety of the handler, other community members, and the animal itself, please be aware that failure to abide by these guidelines may result in immediate removal of the animal. Failure to abide by these guidelines is a violation of the Student Code of Conduct. Students violating these guidelines will be referred to the Student Conduct office.

In cases where the University determines it necessary to remove an animal from the residence halls, the University may board the animal at the place of its choosing until the emergency contact can retrieve the animal. The handler will be responsible for all costs associated with the removal and boarding of the animal.

Free Speech/Demonstration/Picketing Policy

Purpose

As an educational institution, Westfield State University supports the constitutional right of free speech.  Exposure to a wide array of ideas, viewpoints, opinions, and creative expression is an integral part of a university education, preparing students for life in a diverse global society.  The rights of freedom of speech, expression, petition and public assembly are basic and essential to an individual’s intellectual and social development.  At the same time, in light of the University’s commitment to allowing students and members of the community access to all services, resources and support, all activities, including expressive activities and speech, must be balanced in consideration of the University’s educational mission. 

Westfield State University supports the rights of individuals to exercise free speech, including but not limited to political, symbolic, or artistic speech, provided only that such does not materially disrupt normal University activities, create a clear and present danger of the commission of unlawful acts, or infringe upon the rights of others.

Westfield State University recognizes the right of individuals to exercise all forms of constitutionally protected expressive activities (i.e. symbolic speech) and free speech without prior restraint or censorship.  The university acknowledges that public discourse may include the discussion of controversial ideas, and the university will not limit public discourse based solely on its communicative content. 

The University also recognizes the fact that any individual or group may demonstrate.  Demonstrations must be carried out in such a way as not to inflict bodily injury; obstruct physical movement to, from, or within any place on the campus; nor to be disruptive of any activity on campus.  Such forms of demonstration may be (but not limited to) distribution of literature, silent or symbolic protest, vocal dissent, and/or picketing.  In the event any type of demonstration materially disrupts normal University activities, the University will take appropriate action.  All activities must be conducted in accordance with the reasonable and content-neutral time, place and manner restrictions set forth in this policy. 

It shall not be inferred or implied that the University endorses the messages expressed in accordance with this policy.

Policy

1. Faculty, staff and/or students must notify the Dean of Students 48 hours in advance of any demonstration and or picketing activity.
2. All students, faculty and staff  have a right to demonstrate on University property provided, however, that no such demonstration shall be permissible which for any reason of time, place, or type of behavior materially disrupts normal University activities, including, but not limited to class work or other University business, or involves substantial disorder or invasion of the rights of others. 
3. Campus buildings are for University business.  Any form of demonstration that interferes with normal University activities, including but not limited to, business in  office or classroom spaces is a violation of this policy.  Picketing is not permitted inside University buildings and within 15-20ft from the entrances of University buildings.
4. Demonstrators are prohibited from blocking free entry to or free exit from buildings, interfering with free movement, or presenting obstacles to regular University activities.  “Interfering with free movement” is defined as any physical denial or restriction of a person’s ability to freely reach or leave a given geographical area, or harassment, which prevents them from normal movement.  Obstacles include, but are not limited to, physical devices, bodies, or signs which cause interference with free movement or sounds which prevent normal communication. 
5. Speech or demonstrations that qualify as solicitations to commit crimes; harassment, threats, defamation, perjury, blackmail or obscenities, including child pornography; true threats; fighting words; incitement of imminent violence or lawless action is not protected speech under this policy.  These activities have a specific meaning and shall be interpreted in accordance with law. 
6. No person shall intentionally and substantially interfere with the freedom of expression of another person on University property or at University-sponsored activities. 
7. All persons shall comply with the directions of University officials lawfully acting in the performance of their duties.  Failure to cease any activity in violation of this policy or other University policies immediately following either written or oral notice by a University official shall also be a violation of this policy.
8. Any violation of this policy will subject the violators to applicable actions as defined in the Student Handbook, Equal Opportunity, Diversity and Affirmative Action Plan, collective bargaining agreements, and/or Massachusetts General Laws.
9. University organizations may sponsor a speaker or event, at the expense of the organization, under the University’s usual event registration procedures.  Such sponsorship does not necessarily imply that the views presented are endorsed by the organization or the University. 
10. All persons at an event or demonstration must respect the right to dissent.  Dissenters, however, may not disrupt the rights of the speakers to speak and/or the audience to listen.  Preventing speech from occurring by disruptive protest is prohibited.
11. Persons or organizations responsible for a demonstration or other expressive event must remove all resulting structures, signs, and litter from the area at the end of the event.  If this is not done, the persons or organizations responsible for the event will be held financially responsible for clean-up services.

Review

This policy will be reviewed every three years, and revised as needed, by the Director of Public Safety and the Dean of Students. 

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 Board 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 Board 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.

Housing Policy

Purpose

To describe the housing policies which apply to all Westfield State University (“University) residential students (“Residents”) and their visitors and guests while present in any of the residence halls, suites, and University Apartment complexes owned by the University. 

Policy

A. Introduction

Residential Life promotes personal development and community engagement. Successful on-campus living requires all residents to be aware of the impact that their actions and choices 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 suites; and also for the collective well-being of their respective communities. Students who violate policies may face student conduct action, criminal prosecution, administrative room reassignment, loss of housing, service charges and/or other disciplinary responses based on the nature and severity of the situation.

B. Alcohol and Other Drugs

All policies and regulations regarding the consumption and/or sale of alcoholic beverages on the University campus and its properties can be found in the Alcohol and Other Drug Policy section of the current Student Handbook.  These policies and regulations shall be in strict conformity with the appropriate Massachusetts General Laws, and with the regulations of the License Commission of the city of Westfield.  Common containers (i.e., kegs, party bowls, punch bowls, or other large containers) are not permitted within the residence halls.  The University also prohibits smoking, tobacco, and cannabis use indoors on all University property.  This policy extends to cigarettes, vaporizers, e-cigarettes, pipe tobacco, hookah tobacco, chewing tobacco, marijuana (cannabis), and any other products defined in the “Alcohol and Other Drug Policy” section of the current Student Handbook.  The University reserves the right to intitiate disciplinary procedures, up to and including removal from housing for any student to be found in violation of this policy.  

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/straightening tools with auto shut-off, humidifiers, irons with auto shut-off, air popcorn poppers, razors; radios/stereos, TVs. Appliances should be Energy Star rated when 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/wax warmers
   • George Foreman grills
   • Sandwich makers
   • Microwaves (not provided by the University)
   • Air fryers
   • Toasters
   • Toaster ovens or similar devices
   • Halogen lamps
   • Heat lamps, heaters
   • Hotplates
   • Hotpots

To preserve a safe, health environment, Residential Life shall confiscate prohibited appliances.  Non-approved appliances will be removed immediately upon discovery and stored by the University for two (2) business days in which students are allowed to request the retrieval of the item with the Residential Life Staff, and then transfer appliance off of University property.  After two (2) business days, the University will dispose of the confiscated item.  Repeat violations will lead to sanctions up to and including a loss of housing.  

Students living in the Apartment Complex, University Hall and New Hall may have one of each per apartment or suite in the kitchen area: of a “George Foreman” grill/sandwich maker, microwave, air fryer, and toaster or toaster oven.

3. The University provides Microfridge units (combination refrigerator/freezer/microwave oven) in each traditional hall bedroom.  Since we provide these units, we ask that students not bring additional mini refrigerators into the halls unless there is a unique need for a private mini refrigerator.  Residents in traditional halls may not have additional microwave ovens beyond the Microfridge unites provided by the University.  Unapproved microwaves will be confiscated and disposed of in the trash after two (2) business days in which students are allowed to request the retrieval of the item with the Residential Life Staff to then remove from University property.  Apartment Complex, University Hall and New Hall residents may have one microwave oven per unit in the kitchen area. 
4. For safety reasons, students must always be in their rooms when ANY cooking or other potentially hazardous device or appliance is in use.
5. 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.
6. Extension cords must be UL approved and at least 16 gauge. Students are prohibited from running 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.
7. To promote energy conservation, the University strongly encourages the use of LED light bulbs wherever possible in student supplied lamps and devices.  Strip lights are strongly discouraged as they can pose both a fire hazard and can lead to excessive paint damage when removed.  
8. Be careful with laptop computers, as they can cause fires when left unattended sitting on a bed or other flammable materials.  Whenever possible, set laptops on a hard surface when charging or in use. 
9. The University may require removal of any item, at anytime, or establish conditions for its continued presence and use, in the interest of preserving a health and safe environment.

D. Damage

1. Resident students are members of a large and interconnected community, and each persons’ actions have an impact on their neighbors and the University.  Residents are expected to work with the Residential Life staff to promote respect for our housing facilities and for all who live and work in them.  The University will make students aware of conduct that is damaging to the community and inform students of damages and extraordinary cleaning charges.  If excessive charges occur, 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 financially responsible for loss, damage, and vandalism which occurs during the academic 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. Common Areas - 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. Common area charges will apply to all residents.
3. At check-in, each resident completes a detailed Room Condition Report (RCR) in their MyHousing portal to avoid billing concerns at check-out. The RCR will be reviewed at check-out by the Residential Life staff. Costs for Personal damages, missing items, and extraordinary cleaning will be billed to residents. Students should complete their RCR within 48 hours of check-in to avoid a $50.00 improper check-in charge and possible Personal damage charges.  Students may be held responsible for prior damage if it is not noted on the RCR at the beginning of the year.  
4. Common area damages which cannot be attributed to specific persons will be apportioned among all hall residents at the end of each semester. Common area charges will be billed to residents at the end of the semester as needed.
5. Residential Life staff conducts Personal damage inspections and assessments as the conclusion of each semester or at the time of a resident’s checkout during the term. 
6. 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 individual student rooms. Where extraordinary cleaning is needed, the individual or building will be assessed a service charge along with overtime costs based on the nature of the incident.
7. Repairs may be made immediately or deferred to a break period, depending on the nature and severity. Damage repair fees are applied to those repairs within one (1) week of assessment or at the conclustion of each term regardless of when this work is completed.
8. Appeals of Personal damage charges may be submitted to housing@westfield.ma.edu, with the subject line: “ATTN: Damage Appeals.” Residents should state the charge(s) being appealed and why. ONLY appeals submitted by the resident being charged, within 30 days of the billing date will be considered. Common area charges may not be appealed, however students may review their hall’s itemized common area charges by contacting the Department of Residential Life.
9. Students responsible for repeated or significant damages, or extraordinary cleaning charges will face sanctions up to and including immediate loss of housing or University status in addition to restitution; biohazard issues related to bodily waste may lead to immediate loss of housing and restitution.  
10. Below is a partial and not all inclusive 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 $245.00 per occurrence
    Labor Charges/Carpenter $195.00 per occurrence
    Labor Charges/Heating and Ventilation $245.00 per occurrence
    Labor Charges/Locksmith $245.00 per occurrence
    Labor Charges/Plumber $245.00 per occurrence
    
    Note: Facilities may change rates to comply with contractual minimums for these services.

E. Entry into Residence Hall Rooms

1. The University may authorize an administrative room entry, wellness check, or search based on reasons sufficient for the University to believe that an occupant of the room may be physically harmed or endangered, University property is being endangered, there exists any other emergency, or that the resident is in violation of University or Housing policies.
2. Residential Life staff conducts regular 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 Housing Agreement (RLA).  Residential Life will also conduct inspections before housing facilities are closed for breaks and holidays.  Advanced notice of these inspections will be given.
3. University staff may enter residential areas to deliver confidential or sensitive communications between the University and the student.
4. Facilities and Operations personnel and designees may enter student rooms at any time to perform needed work.  Staff members are obligated to report any University policy violations noted during room checks. Unapproved items may be removed from rooms by a member of the Residential Life team. 
5. University staff may enter a room in emergency or ongoing situations which are believed to present immediate danger to students and/or property.
6. Students should also be aware that search warrants, based upon probable cause that a crime has been/is being committed, are obtained by University Police as needed.
7. Fire alarms may 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 and unapproved items may be removed from rooms.
8. If in the course of any entry being made pursuant to this section, illegal or restricted materials are found in plain view, the materials will be removed, and the affected student will be notified of the confiscation and face possible discipline proceeding. 

F. Facilities

1. Bicycles/Motorcycles/Mopeds - Bicycle storage areas are provided ouotside most halls. Bicycles stored in public areas are safety hazards and will be removed. Students shall be notified in writing of the removal.  Motorcycles/mopeds belong in designated parking areas only.  It is expected that bicycles will be removed at the close of each term.  Any property left will be donated and removed within two (2) business days. 
2. Cleanliness - Residents are responsible for cleaning and keeping their rooms, suites and apartments in a safe and sanitary manner.  Residents also 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 (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. Public Health Measures - Members of the University community are expected to comply with all mandates of the CDC, MDPH, and associated policies mandated by the University.  The University will conform to all policies as required by federal, state, and local public health officials.  The University reserves the right to change policies and procedures at any time in the interests of safeguarding public health.  Failure to comply with all University implemented public health policies and procedures will result in the removal from the residence hall community and forfeiture of all room and meal plan charges. 
4. Movie Streaming - Unauthorized connection to or modification of movie streaming IP addresses is illegal and can result in civil, criminal, and/or student conduct action.
5. Fire Alarms
   1. All residence hall occupants must evacuate the building immediately when a fire alarm sounds and must 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 may be subject to sanctions up to and including loss of housing.
   3. Any student found responsible for deliberately causing a false fire alarm or tampering with fire safety equipment may be subject to immediate expulsion 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.
   5. Students who cause an actual fire either intentionally or through negligence, or trigger an alarm, face sanctions up to and including expulsion from the University and a $500 service charge plus actual restitution for damages and clean-up.
6. 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. Kerosene, lighter fluid, liquid propane or any flammable liquid, or machines using flammable liquids, stored in residence halls 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 or ceilings or obstruct fire alarms.  Wall decorations must not cover more than thirty (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 (6) inches of the side edges, of any door.  Door decorations must not cover any room number, door lock, or handle. 
   4. Residence hall fireplaces are decorative only and are prohibited to use.
   5. 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.  All decorations must be removed in a timely manner.  Strip lights are strongly discouraged as they can pose both a fire hazard and can lead to excessive paint damage when removed.  Any costs associated with damage from string lights and LED light strips will be assessed to the student during the damage billing process. 
   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. Fire extis and Apartment Complex fire escape doors and stairwells are for emergency purposes only.  Triggering an alarm on a Fire Exit will result in a fine of up to $100.00.  
   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 and fines up to $500.00.
   9. The University may require removal of any item, or establish conditions for its continued presence and use, in the interest of preserving a healthy and safe environment.
7. 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, students must 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.
8. Repairs - Many repairs can be completed by the hall’s maintenance staff. If residents need a room repair or see a damaged item(s) in a public area, they should submit a maintenance request through their MyHousing portal.  For major health/safety issues, residents should inform an RA, Hall Director, Maintainer or University Police immediately. Please remember that most Facilities and Operations 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 - Residents are prohibited from entering and accessing residence hall roofs, balconies, and exterior landings; Violations will lead to sanctions up to and including a loss of housing. 
10. Room Furniture
    1. All University issued furniture must stay in the room.  No University room furnishings may be altered from their intended design or removed from the room by the resident.  Students are permitted to bring a personal desk chair.  However, the University desk chair must remain in the room.  
    2. Do not put beds on radiators, cinder blocks, or other furniture. Do not place mattresses on the floor. Waterbeds are not allowed.
    3. Desk bookshelves must remain affixed to the desktops.
    4. Do not remove closet doors or stack room furniture unless that furniture is designated to be stackable (i.e., New Hall end tables, University Hall dressers). 
    5. Students are not allowed to bring large, upholstered furniture made for home use (including but not limited to futons and beanbag chairs) into the residence halls, as they do not meet strict state-mandated standards for residence hall fire retardance.
    6. Students shall not make any changes or alterations to any on-campus property.  This shall include, but not be limited to, the addition or changing of any locks, removal of window screens, the alteration of the heating or lighting fixtures, or the painting of any surface.  

G. Guest and Visitor Policies

1. Definition(s) - A guest is defined as any non-student who is visiting the University.  A visitor is defined as any student who is not currently assigned as a resident of that particular residence hall and/or room.
2. Residents are responsible for the behavior and actions of their guests and visitors. Hosts must ensure that guests and visitors abide by all University and residence hall policies. Guests of Westfield State University students will be banned from campus and face possible civil/criminal action for policy violations. Visitors 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. Visitors face loss of visitation privileges and possible additional student conduct action as well as possible civil/criminal action for University policy violations. 
4. The rights of Westfield State University residents shall take precedence over the rights of guests/visitors. Specifically, residents have the right to restrict guest’s/visitor’s presence in their own rooms, particularly in the case of overnight guests/visitors.
5. A guest’s/visitor’s stay may not exceed three (3) overnights, consecutive or otherwise, in any week (Monday-Sunday). An extended pattern of visitation which, in the judgment of the Residential Life staff, indicates illegal residence in a building or disrespect for a roommate’s rights may lead to immediate removal and/or loss of guest/visitor privileges; and disciplinary action, reassignment to another room, and/or loss of guest/visitor hosting privileges for the resident. 
6. Guest Sign-In
   1. Any guest must be signed in and escorted at all times by the host student. Failure to follow correct sign-in policy will result in removal of the guest from campus and loss of guest visitation privileges for the host.
   2. Current Westfield State University students and visitors must provide a valid University ID upon request of the Residential Life staff or other University official as requested.  Repeated failures to present ID as requested will lead to more stringent sanctions up to and including loss of housing.
   3. Except for specially approved programs or circumstances, no guest under 16 will be allowed to be signed into a residence hall without the presence of their parent or guardian. 
   4. Any guest who is 16 or 17 years old 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 a completed authorization form for the visit from a parent or guardian - this form is available on the Residential Life web page.  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. 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. 
   6. A resident may host up to two (2) guests and/or visitors at any one time.
   7. At any time, each traditional room or apartment is limited to a maximum of three (3) times the number of residents present.
7. Commuters are welcome to visit the residence halls under these previously stated guidelines as visitors.
8. Guest/visitor policies may be changed at specially designated times such as Spring Weekend and other times as identified by the Dean of Students.

H. Keys and Residence Hall Access

1. Residence hall access keys and cards belong to the University and are assigned to specific residents for their personal use only. Students are responsible for carrying 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 - Residents should report to their Hall Director immediately so a lock change can be done. Students will be charged for a lock change as well as for any keys that are lost or not returned.
3. Lockouts - Call University Police at 413-572-5262. The lockout service charge is $15 per lockout service.
4. Unauthorized possession or use of a University key or ID not officially issued to the student, duplication of any University key or ID, or loaning of a University key or ID issued to the student or any other person is a major offense and may 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.  Housing is available for part-time students (less than 12 credits) as space is available.  Graduate student housing is available for any student who has been admitted to a graduate program at the University.  Eligible students must also sign the Housing Agreement (RLA) and pay all bills in full.  
2. The Housing Agreement found in the MyHousing portal applies to both the fall, winter, spring and summer 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 Housing Agreement is required of all residents; an electronic confirmation of completion of these forms and a copy of the documents will be emailed to the resident’s University email address.  Housing Deposits are non-refundable. Students who seek to leave housing before the end of the academic year are subject to a $750.00 Cancellation Fee following an approved petition for release.
3. Check-In/Check-Out Procedures
   1. Upon arrival, students are required to check into their assigned room according to the published check-in procedures.  This requires students to review and electronically sign a Room Condition Report (RCR) in their MyHousing account.  When a student leaves housing or changes rooms/buildings, they should check out with a Residential Life staff member, and electronically sign the RCR and return the key(s). Failure to return a RCR within 48 hours will result in the assumption that the room was in satisfactory condition upon arrival.
   2. Failure to properly check in or out of a room will lead to a $50 fee plus applicable lock change fees.
   3. To avoid charges, a room must be in the same condition as it was at move-in.  Room cleaning fees will be assessed. A per item removal charge will be assessed for large items such as carpets and furniture.
   4. For students leaving housing during the University refund period, no refund can be considered or processed until a resident has officially checked out of their assigned space. Any check-out done after designated business hours (Monday-Friday, 9:00a.m.-6:00 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 72 hours of departure will be charged for disposal and/or donation of items.
4. Room Changes
   1. The University is unable to guarantee that preference and roommate requests will be honored and reserves the right to assign a student to another room or residence hall at any time for reasons deemed sufficient by the University. 
   2. Room changes requested in response to roommate conflicts are generally considered only after other options and educational processes have been explored and exhausted.
   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 in advance with the Department of Residential Life.  Residents will be limited to three (3) volunatary room changes per term. 
   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 their arrival.
   7. All housing selection and room change processes occur at the discretion of the Residential Life staff 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.  Unapproved room changes completed by students without prior approval from the Department of Residential Life will result in an illegal room change fee of $50.00. 
   9. The University reserves the right to reassign a resident to another residence hall space at any time for reasons deemed sufficient by the University, and this Housing Agreement will remain in effect and will apply to the student’s occupancy of this other space. 
   10. In cases of serious roommate conflicts in which residents are unable to resolve the situation, the Department of 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.
5. Vacation periods and semester breaks - All residence halls are closed during official University breaks and may only be entered by students registered for break housing.  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; unless registered for interim housing during University breaks.  Associated fees, contract terms, and restrictions will be at the discretion of the Department of Residential Life.
6. Under-Capacity Rooms, Suites, and Apartments - The University, at its option, may choose to do any of the following regarding residents living in under capacity rooms: 1) place a student in the empty space; 2) have students in partially full rooms move in together; 3) allow students living in under capacity rooms to pay a “premium single fee” to retain the room at its current, reduced capacity for the remainder of the term.
7. 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.
8. Residence hall suites, apartments and rooms may be co-ed provided all of the students living in those areas are in agreement of the co-ed situation. 

J. Personal Belongings

Students are responsible for their own and their guest’s belongings. Except as required by law, the University does not assume responsibility for loss of, or damage to, personal articles damaged by fire, theft, or other causes. Residents are encouraged to acquire personal property insurance coverage if not covered by their homeowners insurance.  For more information please visit the Department of Residential Life website.

K. Pets

All pets and animals are prohibited in the residence halls with the exception of:

1. Service and support animals approved as an accommodation by the Banacos Center.  A resident with a disability who would like to request the use of a service or support animal due to that disability must make this request through the Banacos Center by August 15th for the next academic year (or by January 15th for the Spring Semester occupancy).  For more information please review the Approved Animal Policy in the current Student Handbook.  
2. Fish, defined as a gill-bearing aquatic craniate animal that lacks limbs with digits.  A maximum of one aquarium no larger than five (5) gallons is permitted in a residence hall room.  When departing for the semester breaks or any period greater than 72 hours, residents are required to take all fish with them and the aquarium must be unplugged. 

L. Posting Policy

1. All posters, notices, petitions, and other publicity must be approved by Residential Life prior to posting in Common areas. Approved items will then be posted in the halls 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 Department of Residential Life staff for permission. The 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. Quiet hours are set by the City of Westfield Noise Ordinance.  “Consideration hours” are when students should respect the needs of others and take place outside of the designated quiet hours. The rights of students to study and rest take precedence over all other considerations.  Quiet Hours are Sunday - Saturday from 10:00pm - 7:00am. 
2. If a student has a concern about noise, first attempt to resolve the matter yourself with the student involved. If you still need assistance, contact Residential Life or Public Safety.
3. The following are always violations of quiet/consideration hours:
   1. Use of sound equipment (amplifiers, subwoofers, 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.
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.

N. Safety and Security

1. Doors - 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. Weapons - Possession or use of firearms, explosives, fireworks, other similar materials, weapons, and/or potentially dangerous or lethal devices are prohibited on the University campus.  Such other materials, weapons, and/or potentially dangerous or lethal devices shall include, but are not limited to, knives (kitchen utensils or jackknives used for lawful purposes are excluded), swords, nunchuks, brass knuckles, throwing stars and guns of any nature including paintball guns, tasers or other electrical controlled devices, pellet guns and any gun having the capacity to shoot any kind of projectile are not permitted. 
3. Windows/screens - For safety reasons, dropping, dumping, throwing objects or liquids 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.
4. Cameras - Westfield State University employs a security camera system in residence hall public areas.  The surveillance of public areas is intended to deter crime and assist in protecting the safety and property of the University and its community members.  “Public areas” are areas made available for use by public including, but not limited to, campus grounds, parking areas, building exteriors, lobbies, hallways, entrances, and exits.  Areas of the University in which persons would not have a reasonable expectation of privacy, and to which access is restricted to certain people, such as storage areas and residence hall hallways, shall be considered public areas for the purpose of this Policy.  The University shall undertake all appropriate measures to protect an individual’s right to privacy and to maintain security information securely through its creation, storage, transmission, use, and deletion.  “Private areas” are areas in which a person has a reasonable expectation of privacy, including, but not limited to, residence hall rooms, bathrooms, shower areas, locker rooms and changing rooms.  Areas dedicated to medical, physical or mental therapy of treatment shall also be considered private areas for the purpose of this Policy.  Cameras will not be placed in private areas.
5. Behavior - Students are accountable for any behavior that infringes on individual and group rights, and/or jeopardizes the health and safety of individuals and property.  All residents have equal rights to use of lounge areas, hallways, bathrooms, and other common spaces and agree to respect the rights of other students in such areas.  These facilities include, but are not limited to, study lounges, main lounges, recreation rooms, laundry rooms, and public bathrooms.  Any student found to have jeopardized the health and safety of another individual may result in that student’s dismissal from the housing facility or other sanctions in accordance with University administrative procedures. 

O. Smoke, Tobacco and Marijuana Free Campus

Smoking and/or the use of tobacco and/or marijuana 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.  The only exception to this prohibition is that the smoking of cigarettes only may be allowed in designated areas approved by the University President and marked by appropriate signage.  (See Smoke, Tobacco, and Marijuana Free Policy).

P. Solicitation

Non-University commercial activities, solicitations or advertisements are prohibited in or near University residence halls.

Q.  Meal Plans

All residential students are required to have a meal plan.  Eligibility is by class year:  first, second, third, fourth and commuters.  All meal plans are to be purchased through MyWestfield under MyHousing/Dining.  Changes to meal plans must be done before the start of the semester. 

Review

Policy changes: Changes or updates to the Terms and Conditions of the Residential License Agreement shall be implemented after written communication from the Director of Residential Life or the Dean of Students.   All policies shall be reviewed annually by the Dean of Students.

Student Record and Privacy Regulations

The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, affords students certain rights with respect to their education records; 1) the right to inspect and review education records, 2) the right to request the amendment of an education record, 3) the right to provide written consent before the University discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and 4) the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The following policy outlines in more detail students’ rights and the Westfield State University procedures available to students in securing those rights under FERPA.

A. To Whom do These Regulations Apply?

• These regulations apply to all presently or formerly enrolled students, but not to applicants currently seeking, having been denied admission, or choosing not to enroll at the University.
• These regulations are published annually in the Student Handbook.

B. To What Records do These Regulations Apply?

• These regulations apply to “education records” originating from the university or from other educational institutions and are defined as “records, files, documents, and other materials which…contain information directly related to a student” and “are maintained by an educational agency or institution.”
• Broadly defined and outlined on the following page is a description of the types of records maintained by the University and the designated custodian of each type of record:

  • Type of Record	Custodian of Record
    Academic, Undergraduate	Registrar
    Academic, Graduate	Dean, Graduate and Continuing Education
    Admissions, Graduate	Dean, Graduate and Continuing Education
    Admissions, Undergraduate	Director, Admissions
    Athletics	Director, Athletics
    Disciplinary	Dean of Students
    Student Accounts	Director of Student Accounts
    Financial	Vice President, Administration and Finance
    Education (Student Teaching)	Dean of Education
    Financial Aid	Director, Financial Aid
    Career Services	Director, Career Services
    Veterans and Military Services	Veteran and Military Service Coordinator
    Residential Life	Director, Residential Life
    Title IX	Associate Vice President, Human Resources, Title IX and Equal Opportunity

• The term “education records” does not include:
  • Personal files of faculty and administrative staff personnel which are in the maker’s sole possession and not accessible or revealed to any other person except to a substitute who performs the maker’s duties for a temporary period.
  • Law enforcement records created by University Police which are kept separate from education records, are maintained for law enforcement purposes only, and are available only to law enforcement officials. Records created by University Police but maintained or used by another component of the university, for non-law enforcement purposes, are not considered law enforcement records.
  • Medical, psychiatric, or psychological records created and used only for the treatment of a student and available only to those providing the treatment, however, a physician or other appropriate professional of the student’s choice may review such records.
  • Employment records of non student employees of the university which relate exclusively to said employee in their occupational capacity and are not available for use for any other purpose.
  • Alumni records that the university receives or creates after an individual no longer attends the institution and that do not directly relate to the individual attendance as a student.
  • Grades on peer graded papers before they are collected and recorded by an instructor.
• The University maintains records in many mediums including, but not limited to handwriting, e-mail, electronic, print, tapes, microfilm, and microfiche.

C. Public/Directory Information

The University may, at its discretion make public the following information about a student unless the student specifically requests in writing that their prior consent be obtained: “Directory Information” includes a student’s name, campus address, home town/city and state, date and place of birth, school or University, major field of study, photograph, participation in officially recognized activities and sports, weight and height of member of athletic teams, dates of attendance, degrees and awards received, campus e-mail and enrollment status (full-time or part-time), and the most recent previous educational agency or institution attended by the student. Requests to suppress from public distribution the above-mentioned directory information are to be made in writing by the student and submitted to the Office of the Registrar. Requests to suppress directory information remain in effect until the student notifies the Office of the Registrar, in writing, their decision to reverse their original request to suppress.

D. Access Rights of Students

• Parent’s Financial Records and related parental financial information shall not be released to students. Any university office maintaining such records shall either store such records in a file separate from records subject to review or conspicuously stamp records “CONFIDENTIAL-NOT TO BE RELEASED.”
• Confidential evaluations and recommendations of students placed in education records prior to January 1, 1975, need not be released to students. All other education records of a particular student shall be open for inspection by that student unless access is restricted under paragraph #3 of this section.
• A student may waive their right of access to evaluations and recommendations submitted on or after January 1, 1975, with regard to admission to any educational agency or institution, an application for employment, or the receipt of an honor or honorary recognition, provided however, that the student must, upon request, be notified of the name of each person who has submitted such a confidential evaluation or recommendation; such evaluations and recommendations to be used only for the purpose intended; and a waiver may not be required as a precondition of admission to the institution or receipt from the institution of financial aid or any other services or benefits.

E. Disclosure of Educational Records

• The University will disclose information from a student’s education records only with the signed and dated written consent of the student, which includes the specific record to be disclosed, the purpose of the disclosure, and the parties to whom the disclosure should be made.
• The University may disclose information from a student’s record without their consent under the following exceptions:
  • To teacher and school officials who have a legitimate educational interest in the records. A school official is:
    • A person employed by the University in an administrative, supervisory, academic or research, or support staff position,
    • A person appointed to the Board of Trustees, or
    • A person/agency employed by or under contract to the University to perform an institutional service or function for which the University would otherwise use employees.
  • A teacher or school official has a legitimate educational interest if the official is:
    • Performing a task that is specified in his or her position description or by a contract agreement,
    • Performing a task related to a student’s education,
    • Performing a task related to the discipline of a student, or
    • Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid;
  • To teachers and officials of another school, upon request, in which a student seeks or intends to enroll;
  • To certain officials of the U. S. Department of Education, the Comptroller General, the Attorney General of the United States, and state and local educational authorities, in connection with certain state or federally supported education programs;
  • In connection with a student’s request for or receipt of financial aid, as necessary, to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid;
  • If required by a state law requiring disclosure that was adopted before November 19, 1974;
  • To organizations or other outside researchers conducting certain studies for or on behalf of the University;
  • To accrediting organizations to carry out their functions;
  • To parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1986;
  • To comply with a judicial order, a lawfully issued subpoena, and/or applicable sections of the US Patriot Act;
  • To appropriate parties in a health or safety emergency;
  • In connection with public information provided to the institution concerning registered sex offenders;
  • To the victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. This disclosure may only include the final results of the disciplinary proceeding conducted by the University. The university may disclose the results of the disciplinary proceeding, regardless of whether the university concluded a violation was committed;
  • The University may disclose only the final results of a disciplinary proceeding at the University if the student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and the student has been found responsible for a violation of the university policies. The University may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student;
  • Notification to 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 the parents/guardian based on documented evidence of an abusive family situation;
  • If the University initiates legal action against a parent or student or if the university is the subject of legal action, the University may disclose to the court the student’s educational records that are relevant to proceed with legal action as either the plaintiff or the defendant.
• Records released to any organization, agency, or individual shall be forwarded with notification that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the student except as provided by law.
• Each office which maintains education records shall maintain a record of each student which shall list all individual agencies or organizations which have requested or obtained access to such student’s education record, except as provided by law.

F. Procedures to Follow to Access a Record

• A request by a student or agency to inspect a record shall be made in writing to the custodian of the record or to the University Records Liaison Officer.
• If necessary, the Records Liaison Officer will contact the custodian of the education record requested.
• The student or agency will contact the Records Liaison Officer in approximately seven (7) days from the date of request to inquire about the completion of the processing procedure (This date must be no more than forty-five (45) days after the receipt of the request).
• The student or agency will contact the custodian of the education record requested to inspect their education record.
• Every office is obligated to tell a student who has accessed their record and why, except as provided by law.
• Every office is obligated to maintain a record of the persons or agencies who have had access to the record, except as provided by law.
• Students are obligated to properly identify themselves (student ID) before being shown their records.
• Students are obligated not to interfere with the operation of the office in which the record is being maintained.
• Students are obligated to examine the record during reasonable hours at the place the record is being maintained.
• Prior to giving a student their record for examination, all confidential data as outlined in Section D above will be removed.
• The examination of the record shall be supervised.
• The student may request and receive copies of their education record at a cost of $1 for first sheet and $.50 per additional page.

H. Challenge to Contents of Record

• After reviewing a record, a student has the right to challenge the contents of the record as being inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. A student may not challenge the correctness of a grade which has been assigned to their performance in a course but may challenge the accuracy of the recording of the grade. Challenge to the contents of records can be made as follows:
  • Upon deciding that some aspect of their records are inappropriate, the student shall so inform the designated person in the office where their records are maintained and shall attempt to resolve the problem through informal discussion with such person and the person in charge of that office.
  • If no agreement is reached through informal discussions, the student may submit in writing to the Vice President of the division responsible for the record, a request for a hearing, in order to challenge the contents of the record.
  • The hearing date will be scheduled within two (2) weeks (fourteen days) of the receipt of challenge request. All parties (student, custodian, and author) will be notified (Student may be accompanied by counsel of their choice).
  • All parties to the hearing will be requested to be present (student, custodian, and author).
  • The hearing will be conducted by the Vice President of the division responsible for the record with all parties given the opportunity to present evidence and to ask questions of each other. The hearing officer (the Vice President of the division responsible for the record or his/her designee) may ask questions of each party and request any information not provided. The hearing will be audio taped.
  • The decision of the hearing officer will be communicated to all parties in writing within two (2) weeks (fourteen days) after the hearing.
  • The decision of the hearing officer may be appealed in writing to the President of the University within two (2) weeks (fourteen days) of notice of the decision by any of the parties. The tape will be made available in a supervised setting to the individual appealing the decision.
  • The President will review the tape of the hearing, all written material presented, and any additional written material similarly made available to all parties.The decision of the President regarding the appeal will be communicated to all the parties in writing within two (2) weeks (fourteen days) of receipt of the written appeal.If the decision of the President does not result in an alteration of the education record as requested by the student, the student has the right to place with the education record a statement outlining their concern with the information contained in the education record and/or their reasons for disagreeing with the outcomes of the hearing and appeal. This statement shall remain a part of the record as long as that record is maintained by the intuition and shall always be released with the record to an authorized party.

I. Special Note

If you have any questions about the Family Education Rights and Privacy Act, or if you have problems in securing your rights under this Act, you may call (202) 732-2057 or write to: Family Policy and Regulations Office, Department of Education, 400 Maryland Avenue, S.W., Room 1087, Washington, DC 20202-4605. The contact persons for inquiries regarding FERPA or the University’s Student Records and Privacy Regulations is the Registrar, 579-3200.

Student Travel Policy

PURPOSE

To define the Westfield State University guidelines to be taken in connection with Department-sponsored and Student-sponsored travel.

POLICY

All travel by University students and advisors is to be funded according to the Commonwealth of Massachusetts (state) laws and regulations and University policies and procedures. The student traveler in addition to the student advisor(s) is responsible for ensuring adherence to applicable travel policies and procedures as outlined in the University Travel Policy (0390) and the Student Advisor Manual. All travel is contingent on available funds.

• All travel funds will be allocated by the Vice President for Administration & Finance to the appropriate department cost center under the approval of the area Vice President on an annual basis. Departmental travel expenses and student travel expenses are limited to and shall not exceed the amount budgeted and allocated.
• In determining the use of travel funds, departmental and administrative area supervisors and Vice Presidents shall consider the extent to which participating in the travel or activity requested will primarily benefit the University and the student.
• Reimbursements for travel related expenses must follow all University policies and procedures, state laws and regulations, and the applicable collective bargaining agreements regardless of the source of funds. Travel procedures and forms can be found on myWestfield > Documents > Administration and Finance > Travel Information.
• Prior to any travel, funds must be pre-approved and encumbered on a Request to Travel Form using the travel procedures.
• The University shall not reimburse any expenses for persons accompanying an advisor or student on a trip (i.e. spouse, child, guest, pet, etc.).
• Student travel is restricted to students registered with the University and must be approved in advance by the President or a Vice President. Such travel must contribute directly to the student’s education or benefit the University.

• In accordance with the Massachusetts Conflict of Interest Law (G.L. c.268A), employees/advisors are prohibited from earning personal frequent flier miles, hotel rewards, and other rewards or points during state or university funded travel.

TRAVEL ARRANGEMENTS

All University travel shall be arranged through the Institutional Travel Manager to include, but not limited to airfare, hotels, car rentals and conference registrations.

NON-REIMBURSABLE EXPENSES

Expenses of a personal nature, unreasonable or excessive expenditures, and those not specifically related to the conduct of University business are not reimbursable. Types of expenses that will not be reimbursed include, but are not limited to:

• Alcohol;
• Excessive or extravagant costs (e.g. exclusive restaurants and hotels);
• Personal entertainment;
• Travel insurance;
• Traffic, toll, or parking violations;
• Insurance for a personally owned car;
• Articles stolen from a personal or rental car; and
• Briefcase and luggage purchases.

REVIEW

This policy will be reviewed every three years by the Vice President for Administration and Finance and/or the Dean of Students.