Lehigh University

University Policy and Guidelines

Social Policy

The Social Policy is the result of the combined efforts of Lehigh University students, faculty, alumni and administration. It represents our attempt to describe the social climate we wish to establish and maintain at Lehigh. Its success is dependent upon the cooperation of students, faculty, administration and alumni to both understand and uphold the spirit of respect for self and others that is embodied in this policy.

Preamble

Our fundamental reason for existence as a university is for the education of students. It is recognized that education is not exclusively achieved in classrooms or laboratories. As a residential university, we seek a quality of social life that enhances the learning environment. To this end, Lehigh students are asked to make a pledge called the "Statement of Responsibility". The Social Policy is a set of goals and rules that we impose upon ourselves toward the affirmation and achievement of this pledge. It is intended as a guide for the entire Lehigh community, including students, faculty, staff, and alumni. The university does not encourage the use of alcoholic beverages by students. It is recognized that students need to make individual choices concerning the use of alcohol. The university supports the choice not to drink and actively discourages the misuse or abuse of alcohol. Intoxication in no way releases a student from full responsibility for his or her behavior and its consequences.

Statement of Responsibility

We, the students of Lehigh University, are committed to upholding the highest moral principles and allowing only that behavior which is considered socially acceptable. We recognize that any activity that infringes upon or denies the rights of others will not be tolerated. Deviate behaviors which we deem as being socially unacceptable include fighting, wanton destruction of property, illegal and irresponsible distribution of alcohol, as well as others discussed in the University Code of Conduct in the Lehigh Handbook. Furthermore, let it be understood that we will not tolerate racial, religious or sexual abuse or harassment of any kind, and that such behavior will call for the strictest of penalties.

We further recognize that within each living unit, whether it be a chapter house or residence hall, each member is charged with a responsibility for the behavior of every other member, so that the group as a whole will intercede when a member transgresses the boundary of socially acceptable behavior. By abiding by the principles of collective responsibility, we acknowledge that we are accountable for the actions of fellow students and are therefore committed to stopping unacceptable behavior before it occurs or while it is in progress to the best of our ability. In this way, we can establish and maintain a safe, enjoyable, and unintimidating atmosphere for all members of the Lehigh -community and community at large.

The university does not encourage the use of alcoholic beverages by students. It is recognized that students need to make individual choices concerning the use of alcohol. The university supports the choice not to drink and actively discourages the misuse or abuse of alcoholic beverages. Intoxication in no way releases a student from full responsibility for his or her behavior and its consequences. Members of the university community are reminded that the state laws of Pennsylvania pertaining to alcoholic beverages are applicable to the campus and, the responsibility for observance of the laws of Pennsylvania remains with each individual.

Social Policy Goals

Social gatherings at Lehigh University are by design part of our community's life together. We affirm certain goals as appropriate in relation to social gatherings:

1. The protection and safety of people.

2. The protection of property.

3. Respect for the rights of all individuals.

4. An enjoyable atmosphere conducive to positive social interaction.

5. The legal and responsible use of alcohol when it is included.

The Student Senate, administration, and indeed all the members of Lehigh will need to monitor the implementation of the Social Policy and initiate discussion to achieve observance or change, as appropriate, to the goals of the policy. The Social Policy rules will be reviewed at least annually. To this end, evaluation will be sought periodically from a sample of all parts of the community in addition to evaluations from leaders of the living units and from appropriate administrative staff.

Individual accountability

Unaffiliated students found responsible of consuming alcohol at an event affiliated with a fraternity or sorority will not be permitted to affiliate with a Greek letter organization for one year, and will not be permitted to live as a border in a chapter house for that year. Additionally, the police have always had the right to ask for age identification from all individuals and, in addition to any university disciplinary actions; students who violate the law are subject to arrest by campus or local police.

Financial support

In an effort to decrease the unregistered weeknight activity on the hill, and increase the amount of registered events on weekends, The University will subsidize 50% (fifty percent) of the cost of event staff through the spring 2002 semester. Once a fraternity has hosted four events, in one academic year, Student Affairs will assume the expense of hiring the event staff for the next eight events that chapter hosts. These 8 (eight) events must be held by the end of the following academic year. If a chapter is being investigated for, or has been charged with violating social policy, this arrangement is placed on hold, pending the outcome of a hearing. Any organization that has had their social privileges revoked for any period of time has the opportunity to start fresh and participate in the program as soon as their probationary period has been completed. A group of students and administrators will be convened during the spring 2002 semester to examine this plan and make recommendations regarding its continuation.

I. Rules Pertaining To Events Where Alcohol Is Present

There are two options for hosting events with alcohol: 1) the host provides the alcohol for those of legal age (twenty one or older), or 2) guests of legal drinking age bring alcohol with them to the event (as per the BYOB rules). In an effort to support some fraternity chapters in complying with their national organizations' regulations, BYOB is provided as an option. However, BYOB is no longer a Lehigh University regulation for hosting an event with alcohol.

A. Party Registration

1. Events must be registered by Thursday 11 a.m., the week prior to the scheduled event by completing a Social Event Registration Form in the Dean of Students Office of Fraternity and Sorority Affairs (Unique events and events where specific event staff are requested must be registered at different times. (See sec. VI.A.1-8 and sec. I.B.3 respectively.) Registration of the event does not constitute University approval of such events. This rule states an expectation that has to do with social events that take place on property owned or regulated by Lehigh University or University recognized groups. This also serves to notify appropriate University officials of social events without alcohol. This registration must include the times of the event and the individual registering an event with alcohol must be at least twenty-one years old.

2. The Office of Fraternity and Sorority Affairs will provide L.U. police directly with bracelets, 21-yr. old birthday books, and copies of the event registration forms. While the use of invitation lists is now optional, the host of the social event will be required to record, at the entrance to the event as part of the identification process, the student's name and campus box number. This list will be collected by the Event staff at the end of the event and will be kept on file in the Fraternity and Sorority Affairs Office

3. Bartenders for the event must be listed on the Social Event Registration Form, must be server trained, and appear on the approved bartender list in the Office of Fraternity and Sorority Affairs.

4. There will be no alcohol served or present at events from Sunday 2:00 A.M. until Friday 4:00 P.M. Hosts of social events must insure that alcoholic beverages are not served or present after 2:00 A.M. An event with alcohol may last a maximum of four (4) hours. Sponsoring groups are permitted to register more than one event with alcohol on a given date. However, there must be a break between events of at least 90 minutes, and the total amount of time a group can sponsor events with alcohol on a given date is six (6) cumulative hours.

5. There will be no alcohol served or present at events during the period of New Student Orientation or after the beginning of the Reading, Consultation and Study Period (RCS) each semester.

6. Hosting organizations are responsible for ensuring that any outdoor events are in compliance with city noise ordinances and conclude at the designated permitted time. City permits for outdoor events are required and must be obtained prior to the event. Alcoholic beverages are generally not permitted at outdoor events with the exception of registered tailgate parties. In addition, a sponsoring group may not host an indoor event with alcohol concurrently while also hosting an outdoor event where alcohol is prohibited.

7. All events will be open as long as hosts are maintaining an attendee's list as part of the identification process.

8. Any occasion deemed to be an event with alcohol that has not been registered with the Dean of Students Office will be considered an unregistered social event and will be subject to disciplinary action. An appropriate (but not exhaustive) test to determine whether an event is one that should be registered is as follows:

a. The event is in a student room or apartment and is a gathering of more than ten (10) persons where alcohol is present.

b. The event is in common areas (any area other than student bedroom) and is a gathering of more than fifty people (50) or more than twenty-five guests where alcohol is present.

B. L.U Event Security Staff At Functions Where Alcohol Is Present

1. At least two L.U. event security staff must be hired by the host organization to assist the host organization with the monitoring of the event and implementation of the social policies. Unique events such as in section VI will require more event staff. For the 2001-2002, School year the cost of the event staff will be split between the University and the host organization. In the 2002-2003 school year, the host organization will assume full responsibility for these costs.

2. The Social Event Registration form will serve as the means for requesting these staff.

a. The fees for the event staff must be paid by check at the time of registering the party. Failure to submit payment at the time of registration will result in the registration not being accepted.

b. Checks should be made out to Lehigh University Police Department.

3. Specific Event Staff may be requested (if they are available) if the following conditions are met.

a. When registering the event, the host must identify the name(s) of the event staff member(s) on the party registration form.

b. The request as well as the party registration must be turned into University Police and the Dean of Students Office 21 days prior to the event.

c. Canceling your event any time after a particular event staff has been confirmed for the host's event will result in the host assuming the full costs for the requested event staff member.

4. These L.U. Event Security staff will arrive ¸ hour prior to the scheduled start time of the event and remain throughout the duration of the social event. The Event Security staff will perform a pre-party check to verify that the event is set up appropriately according to the event checklist and that the permitted amount of alcohol is not exceeded. An event will not begin until all policies are properly observed.

5. In addition to the two L.U. Event Security staff, L.U. security guards will be patrolling the campus performing routine party checks during the event.

6. If a problem occurs during the event, the L.U. Event Security staff will be in constant communication with the L.U. police shift supervisor.

7. If a social event is cancelled for any reason, less than seven days prior to the event, the fees for event staff WILL NOT BE REFUNDED, as the staff will still have to be paid. If the event is cancelled seven days or more in advance the organization's check will be returned.

C. Entrance to the event

1. Only one entrance may be used for guests and residents to enter and exit the event.

2. At no time, may the number of persons inside the social event exceed the fire code for the common areas in which the event is taking place. The hosts and L.U. Event Security staff will monitor the number of individuals who enter and exit to help ensure compliance.

3. One of the L.U. Event Security staff will be stationed near the entrance to the event with the responsibility for checking individuals' L.U. ID and the Lehigh birthday book to determine if they are 21 years of age or older. Individuals who are 21 years of age or older may obtain a bracelet from the L.U. Event Security staff indicating that they are able to be served alcohol inside the event. Two members of the host organization will be present at the entrance to assist the L.U. Event Security staff with placing bracelets on individuals that have been determined to be 21 years of age or older, and maintaining the attendees list. The individuals assisting the L.U. Event Security staff are responsible for ensuring that only individuals determined to be of legal drinking age obtain a bracelet. The ID station where bracelets are distributed should be set up near the event entrance, must be clearly marked as such, and sufficiently lighted for good vision.

4. L.U. Event Security staff and members of the hosting organization working the entrance will check to be sure that no one brings alcohol into the event. As a result, backpacks may be checked and anyone carrying cups or containers with beverages in them will not be admitted.

5. To obtain a bracelet the only acceptable form of ID is a Lehigh ID. Guests are permitted to use a photo driver's license as proof of age, but they must be accompanied by their L.U. host to obtain a bracelet.

6. Bracelets will be different colors/designs for each date. Once an individual has been checked for ID and assigned a bracelet on a given date, they do not need to be rechecked for age at other events on that date. However, all other checks will be done for the individuals' entrance into another event.

7. All individuals who are responsible for assigned duties may not consume alcohol prior to or during the performance of their duties.

D. Distribution of Alcohol and Host Accountability

1. There may be only one bar area (location designated on the Social Event Registration Form) from which all alcohol will be distributed. Alcohol may not be distributed anywhere else other than from behind the designated bar area.

2. The second L.U. Event Security staff will be stationed inside the party near the bar area to monitor the distribution of alcohol and assist with any problems inside the party.

3. A formula will be utilized by the Dean of Students Office to determine the total amount of alcohol permitted at an event. The formula is based on the guideline of one drink per hour per person of legal drinking age. One drink is defined as a 12 oz. can of beer or 6 oz. of wine. An estimate will be calculated based on the percentage of 21 year olds in the general student population at L.U. This percentage of guests at an event will be estimated to be of legal drinking age for the purposes of determining the amount of alcohol permitted at the event. The permitted amount of alcohol will be designated on the event registration form by professional staff in the Office of Fraternity and Sorority Affairs. This designated amount of alcohol is the maximum amount permitted to be served and present at the event. Only 12 oz. cans of beer and wine boxes are permitted in the alcohol distribution area (no glass bottles or hard liquor). Wine should be dispensed in 6 - 8 oz. plastic cups.

4. Bartenders must be trained and on the approved list. Bartenders may only serve individuals with bracelets one drink at a time. Bartenders may distribute one 12oz. can of beer or one 6oz. plastic cup of wine to individuals with a bracelet. Any individual, 18 years of age or older, who has gone through appropriate server training may be a placed on an approved bartender list in the Office of Fraternity and Sorority Affairs.

5. The designated bar area must be attended at all times by at least two persons acting as bartenders. Approved bartenders are the only persons who may serve or distribute alcohol to guests. Bartenders may serve an individual only one drink at a time. No bartender may consume alcoholic beverages.

6. At a minimum there must be one pre-designated individual stationed near the alcohol distribution area, who is available throughout the duration of the event and will serve as the primary contact person for the L.U. Event Security staff as needed. This contact person is preferably an officer of the sponsoring organization and must be listed on the Social Event Registration Form.

7. The hosting organization(s) is responsible for ensuring that the social policy is followed during an event and that only persons 21 years of age or older are served alcoholic beverages. The hosting group will be held accountable for any violations of Lehigh University policies and/or PA State laws by individuals or the hosting group. Individuals who violate L.U. policies and/or PA law will also be held accountable for their actions.

8. Hosts must ensure that no one under the age of 21 possesses or consumes alcohol at the party. For example, passing of beers, drinks, etc. is prohibited. Furthermore, no one is permitted to bring alcohol into the party unless the party is registered as BYOB. In such a case, refer to section II, Guidelines pertaining to BYOB Events.

9. Designated servers must not serve any person who is underage (without a bracelet) or who is visibly intoxicated.

10. The bar area must be kept clean of any unattended cans and cups.

11. Irresponsible distribution of alcohol is prohibited. Such distribution includes:

a. Any occasion where the atmosphere or circumstances are such that the intended or likely outcome is to either abuse alcohol or become intoxicated. Examples of irresponsible distribution of alcohol include but are not limited to kegs, funnels, shot parties, hotel parties, Beirut games, pong ball, scorpion bowls, chugging contests or other organized drinking games.

b. An event where there is pressure or an expectation to consume alcohol.

c. An event where there is no diversion from drinking alcohol.

d. Serving alcohol to visibly intoxicated individuals

e. Kegs, beer balls, and grain alcohol are prohibited on campus.

E Food and Alternative Beverage

1. Hosts are responsible for providing sufficient non-alcoholic beverages during the duration of the event. Providing food is encouraged, but is at the discretion of the host organization. All non-alcoholic beverages must be kept cold in sealed, single serving containers, with bottled water comprising at least a portion of the non-alcoholic beverage supply.

2. Food and non-alcoholic beverages must be set up in a location separate from the alcohol distribution area.

3. At least two members of the hosting organization must attend the food and non-alcoholic beverage station to distribute the items, keep the area clean, and ensure there is a sufficient supply available.

4. The Office of Fraternity and Sorority Affairs will determine the amount of non-alcoholic beverages that need to be present at the event based on the estimated amount of attendees. This information will appear on the Social Event Registration Form

II. Guidelines pertaining to BYOB events

Although BYOB is still permitted in an effort to support some fraternity chapters to comply with their national organizations' regulations, it is no longer a L.U. regulation. Hosting organizations may choose to register an event as a BYOB event. It is the event host's responsibility to ensure that all social events taking place must conform to the Social Policy Rules and the following "Bring Your Own Beverage (BYOB) rules when the event is registered as a BYOB event:

A. Party Registration

1. Registering a BYOB is no different from an event in which the host is providing the alcohol, (section I. A. 1-8, and B. 1-7). The only difference is that the event must be identified as BYOB on your registration form.

2. If an event is registered as a BYOB event and alcohol is provided by the host, the event will be shut down.

B. L.U. Event Security staff

1. L.U. Event Security staff requirements are the same as in section I. B. 1-7.

C. Entrance to the event

1. Entrance procedures will be the same as is in section I. C., except for the following additions.

2. For events specifically designated as bring your own ("BYOB"), only those of legal age will be permitted to bring alcoholic beverages into the event.

3. Any person with proper I.D. who is at least 21 years of age may bring a maximum of four (4) 12-ounce cans of beer or four (4) 12-ounce wine coolers into an event. The formula to determine the amount of alcohol that a person can bring into an event is one (1) alcoholic beverage (as described above) per person per hour of the event. Glass bottles are not permitted.

4. For BYOB cocktail parties at houses whose national organizations and insurance allow distilled spirits, individuals who are at least 21 years of age, with proper I.D., may bring a maximum of one-half pint of distilled spirits (not exceeding 100 proof) or one 750 ml bottle of wine into an event. The event must be registered as a BYOB event and, as such, the sponsoring group must not provide any alcohol to guests.

1.All alcohol brought by guests must be in its original, sealed container.

2.A drink is defined as one (1) 12 oz. can of beer, one (1) wine cooler, six (6) oz. of wine.

D. Distribution of Alcohol and Host Accountability

1. Distribution procedures will be the same as is in section I. E. except for the following additions.

2. Event hosts (sponsoring groups) are responsible for ensuring that only persons 21 years of age and over are served alcoholic beverages. Providing alcohol to underage individuals in any situation (party or non-party) is prohibited. Activity prohibited includes but is not limited to leaving alcoholic beverages in locations where those under 21 may serve themselves (for example, an unattended case of beer in a lounge).

3. Host organizations cannot purchase alcohol to serve at a social event.

4. All alcohol brought by guests must be taken immediately to the bar area and given to a server. The server will present the guest with a punch card identifying the person (by name) and the brands and number of containers given. All alcohol must remain behind the bar area until redeemed and may be redeemed only by the person who brought it.

5. Guests who are of age and who have a bracelet may redeem a maximum of one alcoholic beverage at a time. An alcoholic beverage is one can of beer, one wine cooler or six (6) ounces of wine. The guest must return the container of the previous alcoholic beverage to receive another. The server will punch the card.

6. Unopened alcohol may be redeemed by the guest at the end of the social event or when the guest chooses to leave the function. Alcohol may not be redeemed by a visibly intoxicated individual.

E. Food and Alternative Beverage

1 Food requirements and procedures will be the same as is in section I. F

III. Guidelines pertaining to cocktail parties when host provides alcohol

A. Party Registration

1. Registering a cocktail party, in which the host is providing the alcohol, follows all the guidelines described in section I. A. and I. B. The only difference is that the event must be identified as a cocktail party on your registration form.

B. L.U. Event Security staff

1. L.U. Event Security staff requirements are the same as in section I. B.

C. Entrance to the event

1. Entrance procedures will be the same as is in section I. C, except for the following additions.

2. L.U. Event Security staff will be responsible for checking ID as described in section I.C. However, in addition to providing a bracelet for those individuals 21 years of age or older, the L.U. Event Security staff (with the assistance from a member of the sponsoring group) will also provide drink tickets to legal drinking age individuals which can be redeemed one at a time for an alcoholic beverage.

D. Distribution of Alcohol and Host Accountability

1. Distribution procedures will be the same as is in section I. D., except for the following additions.

2. At events registered as cocktail parties, the amount of tickets an individual receives will be based on the formula of one drink per hour per person (i.e. 3 tickets for a 3 hour party, 4 tickets for a 4 hour party). Bartenders at cocktail parties are responsible for ensuring that only individuals with bracelets and drink tickets receive one drink at a time.

3. For cocktail parties a drink is defined as one (1) 12 oz. Can of beer, one (1) wine cooler, six (6) oz. Of wine o one and one-quarter (1 ¹) oz. of distilled spirits.

E. Food and Alternative Beverage

1. Food requirements and procedures will be the same as is in section I. E.

IV. Non-Alcohol Events

IFC will sponsor at least one non-alcoholic party/social event each weekend over the course of the academic year. Panhellenic Council will require each sorority to sponsor at least on non-alcoholic party/social event per year.

A. Party Registration

1. IFC and Panhellenic Council will manage the registration process of their respective member organizations. The schedule of hosts, locations, dates and times for these events must be completed within the first two weeks of classes for each semester. The final schedule should be on file in the Fraternity and Sorority Affairs Office.

2. Lehigh University supports a sorority and a fraternity co-sponsoring a non-alcoholic event and also supports co-sponsorship with non-Greek organizations such as U.P. However, a non-alcoholic event must be sponsored by an IFC organization each weekend of the fall and spring semester and for nine weekends in the Spring Semester by a Panhellenic member organization. While it is not required, Lehigh University encourages organizations to hold some of these events on "The Hill"

3. All Non-Alcohol events must be registered according to the rules in I. A.

B. L.U. Event Security staff

1. Two L.U. Event Security staff must be hired for each non-alcohol event to assist with event security and to ensure that University policies and Pennsylvania state laws are not violated, and that alcohol is not present.

C. Food and Beverage

1. Food and non-alcoholic beverage requirements are the same for non-alcoholic social events as they are for social activities with alcohol (refer to section I. E).

D. Event Guidelines

1. The non-alcohol events should be similar in nature to events with alcohol, e.g. theme parties, bands, music, dancing, food and non-alcoholic beverages, etc.

2. Groups hosting these events are encouraged to seek assistance from Fraternity and Sorority Affairs or Student Activities for planning these or any other activities.

V. Tailgate Parties

A. Tailgate Registration

1. Tailgate parties must be registered by 3 p.m. Wednesday the week of the event. Tailgate parties may not exceed two hours in duration.

B. Distribution of Alcohol and Host Accountability

1. Event hosts (sponsoring groups) are responsible for ensuring that only persons 21 years of age and over are served alcoholic beverages. Activity prohibited includes but is not limited to leaving alcoholic beverages in locations where those under 21 may serve themselves (for example, an unattended case of beer in a lounge).

2. The maximum amount of alcohol permitted at a tailgate party is 8 cases of beer (12 oz. cans), or the equivalent combined amount of beer and wine. One alcoholic drink is either 12 oz. of beer or 6 oz. of wine. Therefore, one case of 12 oz. cans of beer (24 servings) is the equivalent of 144 oz. of wine. No glass bottles are permitted and wine must be in plastic bottles or wine boxes and distributed in plastic cups.

3. Hosting groups are responsible for staffing and monitoring the point of access to alcohol and complying with University personnel, regulations, and Pennsylvania state law.

4. Hosting organizations are responsible for the actions of their guests and are to utilize security staff if problems occur.

5. Irresponsible use of alcohol that promotes an atmosphere of abuse, e.g. shot-gunning, funneling, and the like are not permitted.

6. Any behavior which compromises the safety of individuals will not be permitted. This includes but is not limited to water/beer slides.

7. Failure to cooperate with security staff will result in disciplinary action against the individual and the sponsoring organization

C. Food and Alternative Beverage

1. Sponsoring organizations must provide sufficient and accessible food and non-alcoholic beverages as alternatives to alcoholic beverages during the duration of the event.

2. All non-alcoholic beverages must be kept cold in sealed, single serving containers, with bottled water comprising at least a portion of the non-alcoholic beverage supply. Food and non-alcoholic beverages must be set up in a location separate from the alcohol distribution area.

4. The University will determine the amount of non-alcoholic beverages that need to be present at the event based on the estimated amount of attendees. The amount of food is at the discretion of the host organization.

VI. Unique or Special Events

A. Fraternities who wish to sponsor "unique events", can do so if certain conditions have been met. For the purposes of simplifying the definition of "unique events" we will describe these social events as events which have some part of the house set-up in a manner that would otherwise not normally exist. The conditions for allowing such an event are:

1. An inspection of the premises demonstrates that the host and its guests will be safe and the social policy guidelines will be met.

2. Additional event staff will be necessary and are budgeted for by the Chapter

3. The special arrangements, (i.e. special physical set-ups) meet University as well as state, local and federal fire, health and safety requirements.

4. These events must be registered at least 10 days prior to the event. It is suggested that at least a 21 to 30 day timeframe be given so that questions can be asked and solutions can be found to problems.

5. The final approval for special exceptions will be made by the Office of Fraternity and Sorority Affairs on a case by case basis. Factors that will be considered include event type, event size, and chapter history.

VII. General Guidelines for All Events

A. Host Responsibility

1. The host is responsible for the safety and behavior of all guests. Students should inform their non-university guests of Lehigh's standards of behavior, particularly the "Statement of Responsibility" and Pennsylvania state law. The host is the group (e.g., residential unit, club, house, etc.) or individual that holds the party or sponsors the event. Hosts are expected to maintain, from all in attendance, a level of social behavior that supports our Social Policy goals.

2. Lehigh University encourages all organizations to train their members in Risk Management Policy and Procedure.

B. Security and Safety

1. The hosting organization is responsible for complying with the social policy rules. To that end, they must properly staff the event with members. With the assistance of L.U. Event Security Staff, the hosting organization must be:

i. Monitoring the flow of individuals in and out of the facility or party area

ii. Prohibiting those visibly intoxicated from entering

iii. Insuring compliance with the maximum capacity limit of the facility or party area

iv. Insuring that alcohol is not being served to any person under 21 years of age

v. Checking that all guests are either members of the Lehigh University community or their invited guests.

vi. Maintaining an attendance list

C. Proper Crisis Management (Good Samaritan Policy)

1. A host organization has a responsibility to look out for the well being of its guest. If a guest needs medical attention, the host organization is required to call an ambulance or the University Police to gain that assistance.

A. If an organization acts properly and seeks medical attention or police assistance this will be noted and brought forth prior to the sanctioning phase of any hearing that is related to the event where this happened.

B. Conversely if the host organization fails to seek medical attention (including transporting a student to the hospital instead of calling an ambulance.) this will also be brought forth prior to the sanctioning phase of a resultant hearing.

D. Social Host Training and Student Staffing of Events with Alcohol

1. All hosts of social events shall be required to take part in special social host training programs provided by the Dean of Students Office (or a TIPS program as required by some National Organizations) before they are permitted to host events.

2. Bartenders must be server trained and must appear on an approved bartender list located in the Dean of Students Office. These programs are specifically designed to assist in complying with the Social Policy. Students interested in becoming server trained should stop by the Fraternity and Sorority Affairs office.

3. Hosting organizations must provide, at a minimum, student staff for the following duties for the duration of an event:

i. Two server-trained bartenders (alcohol events only)

ii. Students assisting at the entrance/exit of event

iii. Students attending to the alternative food and beverage station

iv. 1 student to act as a contact person with the L.U. Event Security staff (at events with alcohol, this person must be stationed near the alcohol distribution area).

4. Students assigned duties listed in #3 may not consume alcohol prior to or during their assigned responsibilities.

E. Outdoor Events

1. Hosting organizations are responsible for ensuring that any outdoor events are in compliance with city noise ordinances and conclude at the designated permitted time. City permits for outdoor events are required and must be obtained from the Dean of Students Office prior to the event. Alcoholic beverages are not permitted at outdoor events with the exception of tailgate parties. In addition, a hosting group may not host an indoor event with alcohol concurrently while hosting an outdoor event where alcohol is prohibited.

F. Party Themes

1. Party themes and behavior should not be sexually, racially, religiously or otherwise offensive, and should not promote the irresponsible use of alcohol.

G. Advertisements

1. Reference to drinking or to alcoholic beverages may not be made in any advertising or promotion of social events. Prohibited are words, pictures, or drawings that denote or connote alcoholic beverages or the drinking of alcoholic beverages, or both. Party themes (alcohol and non-alcohol) and behavior should not be sexually, racially, religiously or otherwise offensive.

H. Litter

1. Hosts will be responsible for insuring that all in attendance dispose of cups and other disposable items before leaving the function in order to stop litter from accumulating in public or common areas. Therefore, a trash can will be placed at the principal entrance and exit of all social functions. Members of the sponsoring organization will remove all litter from the site of the event, that is the yard, driveway, and other such areas by 10:00 A.M. of the morning after the event.

I. Residence Halls

1. Parties with alcohol in predominantly freshman residence buildings and on predominantly freshman halls are prohibited. Predominantly freshman halls are defined as those whose population is comprised of 50% or more freshmen.

J. Non-Residential Living

1. University policy prohibits the distribution of alcoholic beverages in all non-residential buildings without special permission of the Dean of Students Office.

K. Sale of Alcoholic Beverages

1. The unlicensed sale of alcoholic beverages is in direct violation of the Pennsylvania State Law and will not be tolerated by the University. The sale of beverages includes the selling of tickets to events where alcoholic beverages are provided. In addition, the deliveries of quantities of alcohol to these groups on the Lehigh University campus is prohibited (i.e., beer truck deliveries).

2. No social dues may be utilized for the purchase of alcohol.

L. Review

1. Social Policy rules will be reviewed at least annually to determine their efficacy and appropriateness. The most current edition of the social policy implementation guide can be found on the World Wide Web at: http://www.lehigh.edu/~indost/handbook/hbcontents.htm and at: http://www.lehigh.edu/~indost/judicial.htm

Pennsylvania Laws

Members of the university community are reminded that the state laws of Pennsylvania pertaining to alcoholic beverages are applicable to the campus and, the responsibility for observance of the laws of Pennsylvania remains with each individual.

The attention of all students is directed to the Pennsylvania liquor, penal and vehicle codes partially summarized below:

1. All persons while in the Commonwealth of Pennsylvania are subject to the Pennsylvania liquor and crimes codes.

2. The law provides that any person less than 21 years of age who attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any alcoholic beverages within Pennsylvania is subject to automatic loss of motor vehicle operating privileges for up to two years or more and to other criminal disposition, including fines; arresting officers are required to notify parents or guardians of arrests made for under age drinking (18 Pa.C.S. 6308).

3. The purchasing with intent to sell or furnish, or the selling or furnishing of alcoholic beverages of any kind to persons under 21 years of age by any agency or person is prohibited (18 Pa.C.S. 6310.1). The law has been interpreted to mean that no person under 21 years of age may pay assessments which will be used in whole or in part for the purchase of alcoholic beverages.

4. Intentionally and knowingly furnishing alcoholic beverages to persons under 21 is illegal. According to this law, furnish means "to supply, give or provide to, or allow a minor to possess on the premises or property owned or controlled by the person charged".

5. It is unlawful to misrepresent one's own age to obtain alcoholic beverages or for such purposes to represent to anyone that another person is 21 years of age or older; misrepresentation of one's own age will result in automatic loss of motor vehicle operating privileges (18 Pa.C.S. 6307 and 6309).

6. The law prohibits the use of another's identification card or an unauthorized identification card to obtain alcoholic beverages or the carrying of an identification card bearing a false age or date of birth and provides for certain automatic minimum fines and loss of motor vehicle operating privileges (18 Pa.C.S. 6310.3). The law imposes heavy mandatory minimum fines ($ 1,000 for the first card and $2,500 for each subsequent card) for the manufacture, sale or attempted sale of false identification cards as well as possible imprisonment for up to two years (18 Pa.C.S. 6310.2).

7. It is unlawful to possess or transport any alcoholic beverages, e.g., beer, wine or liquor, not purchased according to Pennsylvania law.

8. Under Pennsylvania law a blood alcohol reading of 0.10% or more for an adult, and more than 0.20% for a minor, constitutes drunk driving ("driving under influence"). Refusal to take a breath, blood or urine test results in an automatic 12 month suspension of Pennsylvania vehicle operating privileges, as does a conviction for DUI (75 Pa.C.S. 1532, 1547 and 3731). It is unlawful for any person who is a driver in any vehicle to consume any alcoholic beverage or controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), in the vehicle while it is in operation on any highway in this Commonwealth. Possessing open containers of alcoholic beverages in a moving vehicle may result in the prosecution of the driver for illegal consumption while operating a motor vehicle (75 Pa.C.S. 3715).

9. It is unlawful for any person who is an operator or an occupant in any motor vehicle to be in possession of an open alcoholic beverage or controlled substance. The penalty for this is a summary offense.

The university expects every student to be aware of these laws and of his or her responsibility for compliance with them.

Controlled Substances

Students who are concerned about personal or group problems in this area are urged to seek assistance from any resources of the university or surrounding community. In particular, the Dean of Students Office, the Office of Alcohol and Other Drug, Programs, the Residence Life staff, the Counseling Service, Health Service staff, and the University Chaplain stand ready to assist any student in assessing his or her questions or concerns about drug use and abuse.

If a student has any questions with regard to the confidential nature of the information exchanged in a counseling relationship, he or she should broach such questions with the individual counselor at the outset of the relationship.

The university will not tolerate the sale of illegal drugs on campus. Where there is involvement in the trafficking of drugs, decisive action will be taken.

Students also should be aware that federal and state laws prohibit illegal possession, sale and trafficking in marijuana and other controlled substances. Some of the laws are very strict. For example, Pennsylvania law imposes a minimum jail term of at least two years as a mandatory sentence (without the possibility of probation, suspended sentence or ARD) upon a first offender 18 years or older who simply gives a controlled substance to a minor on or within 1,000 feet of the Lehigh campus or the grounds of any other school (18 Pa.C.S. 6314). For information on drug laws, contact the Dean of Students Office.

Guests

Lehigh is a predominantly residential institution where students' rooms are regarded as private living and study areas. Whenever rooms are shared, the right of each student to privacy is naturally limited by the rights of his or her roommate or roommates.Thus, the use of a room for social purposes should not be at the expense of another's legitimate use of the room for sleep or study.

Abuse of the university's position will be considered a violation of the interests of others and will subject offenders to disciplinary consideration.

Any student who brings guests to the campus is responsible for making relevant university regulations known to them and accepts responsibility for their conduct.

Guidelines for Cultural and Social Events

Cultural events sponsored by Lehigh University should reflect the broad purposes and objectives of the university in its search for truth, in its effort to enlighten minds and to prepare students for life in American society.

In this task Lehigh recognizes that free inquiry and free expression are indispensable to its attainment of these goals. Students must develop their capacity for critical judgment and individual choice. This is why the university does not and should not seek to impose a common morality on all students. Nevertheless, the university is part of society and, if student conduct departs too far from prevailing social expectations, a potentially severe conflict may arise with deleterious consequences for the university. Hence, the Lehigh community needs some general guidelines that will enable it to anticipate, avoid or mitigate potential conflicts of purpose and interest.

General guidelines. The following general principles are put forward as representing a broad consensus of student, faculty and administrative opinion:

1. Responsibility for the choice of cultural and social events rests, in the first instance, with the groups designated for such tasks.

2. No agreement on a set of absolute rules is possible, since a clear consensus on ethical issues is not present.

3. The absence of a moral consensus does not and cannot mean that the fights of any particular campus group are absolute. All Lehigh organizations operate within the context of the entire Lehigh community and hence they are held accountable by fellow students, by the faculty and ultimately by the trustees of the university for their actions.

4. In the exercise of their judgment concerning the choice of cultural and social events, all members of the Lehigh community must be prepared to accept restraints on their conduct. Such restraints are not an imposed censorship but reflect conduct that furthers mutually beneficial cooperation and ultimately the overall purposes of the university.

5. Self-imposed restraints are of the essence of civilized behavior in sophisticated social groups. At a minimum, these restraints recognize that:

6. Cultural and social choices reflect for good or ill on the entire Lehigh community. Hence, members of the Lehigh community must not knowingly offend by their choices significant sectors of the university.

7. Educated people should be aware of basic value differences that exist in society and cultivate a sensitive regard for the opinions of others.

Cultural Review Committee. The Cultural Review Committee consists of four faculty members, one selected by each college and the School of Education; four student members, one selected by each of these organizations: the Residence Halls Council, the Interfraternity Council, the Panhellenic Council, and the off-campus student's association; one faculty member and one graduate student selected by the Student Senate; one representative of the administration appointed by the President; and one member of the board of trustees invited by the President to serve on the committee. Those responsible for cultural and social events can turn to this committee for advice in applying the guidelines for cultural and social events.

All members of the Lehigh community will also be able to seek the advice of the committee regarding the selection of cultural and social programs.

Guest Speakers. The university affirms open inquiry and free discussion as necessary provisions for students' freedom to learn. Recognized student organizations are therefore free within the bounds of the law, good order, and the university's procedural requirements to invite and hear speakers of their own choosing.

With this freedom goes the responsibility to prepare adequately for the event so that it is conducted in a manner appropriate to the academic community. Thus, there should be opportunity for questions and statements at opposing views and a recognition that any speaker who is a guest of the university is entitled to a courteous hearing, regardless of his or her position. The sponsors have the responsibility to maintain good order; when good order cannot reasonably be assured an event may be postponed or canceled.

Finally, it should be made clear to the academic and larger community that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed, either by the sponsoring group or by the university.

The procedures are simple: (1) notify the Dean of Students Office (UC); (2) make room reservation in the usual manner with the main desk (see Services for Students University Center); (3) release off-campus publicity through the Office of Media Relations, 436 Brodhead Avenue.

Under normal circumstances, the university expects that speakers invited by student organizations are being brought for the academic community, which is defined to include students and faculty of neighboring colleges. The opening of meetings to the general public involves considerations beyond academic freedom and therefore requires approval through the President's office. Application for such approval should be made through the Dean of Students Office. (See related information in section on Guidelines for Cultural and Social Events.)

LEHIGH UNIVERSITY POLICY ON SEXUAL HARASSMENT

Purpose and Scope of this Policy:

Lehigh University strives to provide an educational, working, social, or living environment for all faculty, staff, students, and guests that is free from sexual harassment. Sexual harassment in any form is unacceptable behavior and will not be tolerated. This policy is designed to:

. Notify all members of the university community of what conduct is prohibited;

. Inform members of the university community about the procedures available within the university for addressing and resolving sexual harassment complaints;

. Ensure that all members of the university community are aware of their rights;

. Ensure that the due process rights of individuals accused of sexual harassment are protected.

This policy is University-wide. Procedures are described for faculty, staff, and student complaints.

Lehigh University continues to uphold principles of academic freedom and free speech. The free discussion of ideas can be achieved without intimidating or humiliating others because of their gender and without coercing sexual favors. For speech or conduct that takes place in a teaching context to be considered sexual harassment, such speech or conduct must also be persistent, pervasive, and not germane to the subject matter.

Definition of Sexual Harassment

This document defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where:

A submission to the conduct is made a term or condition of employment

Submission to or rejection of such conduct is used as a basis for employment decisions

The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or

The conduct has the purpose or effect of creating an intimidating, hostile offensive working environment.

There are two primary forms of sexual harassment:

1. Quid Pro Quo Sexual Harassment occurs when a supervisor or faculty member explicitly, or implicitly, promises or withholds job-related or education-related benefits based upon the employee's or student's acquiescence to the supervisor or faculty's sexual advances or behavior. The job-related benefit could be a promised raise, promotion, preferable assignment, or other benefit. The education-related benefit could be a grade, opportunities for mentoring and advising, or a letter of recommendation.

2. Sexually Hostile Work, Learning, Social or Li ving Environment occurs when an employee, student, or colleague is subjected to sexually offensive, demeaning, harassing or intimidating statements, jokes, gestures, pictures, touching, or other conduct which is sufficiently severe and pervasive to create a hostile work environment. The violating conduct may involve only one or a few very serious and offensive events, or may involve a pattern of harassing behaviors. A sexually hostile environment can be created by supervisors, co-workers, faculty, fellow students, or any other member of the university community.

Examples of Sexual Harassment

Sexual harassment can take different forms and the determination of what constitutes sexual harassment will vary according to the particular circumstances. Sexual harassment may involve behavior by a person of either sex against a person of the same or opposite sex. Examples of sexual harassment may include but are not limited to:

Seeking sexual favors or relationships in return for the promise of favorable grade or other academic opportunity.

Basing an employment-related action (e.g., hiring, salary increase, performance appraisal, termination) on a sexual favor or relationship.

Intentional and undesired physical contact, sexually explicit language or writing, lewd pictures or notes that create a work, educational, social or living environment that a reasonable person would find hostile or abusive.

Behavior That Can Lead to a Sexually Hostile Environment

Supervisory Conflict of Interest. A supervisor and employee, or faculty and student, sometimes develop a consensual romantic or sexual relationship. While this policy does not prohibit such relationships, it is a conflict of interest for one party to continue in any type of supervisory role. It is expected that the supervisor (e.g., graduate advisor, instructor, teaching assistant) will help the employee or student make other arrangements for the employee or student to receive the supervision he or she requires. For example, a doctoral advisor should confer with the student and department to identify and recruit another doctoral advisor. A supervisor and employee should work with their department and Human Resources for reassignment to another department or change in the supervisory relationship. In resolving this conflict of interest, the following policy applies:

. It is the responsibility of the person in the supervisory role to resolve the conflict of interest.

. If the conflict of interest is not resolved, the supervised person has the right to complain of sexual harassment even if the relationship was at one time consensual.

. Failure to resolve a conflict of interest puts the supervisor at risk for charges of sexual harassment.

Repeated Offensive Behavior. An isolated comment or incident does not usually create a sexually hostile work environment. The exception is if the incident is a serious act (e.g., an employee sexually assaults another employee or a faculty member humiliates a student in class with references to an intimate body area.) What also constitutes a sexually hostile work or educational environment is failure to honor requests to stop a behavior that a reasonable person would find hostile or abusive. For example, students in a class ask the faculty member not to tell lewd jokes, but he or she continues to do so. An employee asks her supervisor not to touch her, but he or she continues to do so.

Gender Stereotypes. Although not specifically sexual, gender-related comments can also contribute to a sexually hostile work environment. These include statements which stereotype or demean women or men. For example, it would be a gender stereotype to say to a woman "You are going to get pregnant, stay home, and not return to work." This isolated statement is not by itself sexual harassment, but could be used as evidence of a sexually hostile workplace.

Responsibility of Supervisors

It is the responsibility of supervisors (faculty and staff), deans, and department chairs to:

. Inform employees under their direction or supervision of these sexual harassment procedures;

. Notify the appropriate contact person when they receive reports or complaints of sexual harassment (see next section);

. Confront employees engaged in incidents of sexual harassment that they witness; and

. Implement any corrective actions that are imposed as a result of findings of sexual harassment.

Ways to Deal with Sexual Harassment:

The following guidelines are recommended for individuals who perceive that they may be victims of sexual harassment. These steps may resolve the situation (the harassment stops) or may provide evidence to strengthen a complaint. Whether or not these steps are taken, individuals have the right to file a complaint.

1. Be assertive and speak up. Ignoring the situation will not make it go away. Be honest and direct about your opinion of the behavior as soon as it is detected. Be polite, but firm. Don't apologize or smile when you confront the harasser.

2. Write a letter to the harasser. If verbally confronting the harasser is not an option, write a note. Be honest and direct about your disapproval of the actions. State clearly that you want the harassment to stop. Keep a copy.

3. Keep a diary. Keep clear and detailed accounts of the behavior and your feelings surrounding the events. Make sure you include the date, time, setting, and any witnesses.

4. Seek support from others. Confide in trusted people when harassment occurs. It is important for other people to know that these incidents are occurring.

5. Seek counseling. You are faced with a crisis that can damage your health, career, and confidence. Don't keep the problem to yourself.

6. Report the harassment. In taking these steps, individuals may decide to report the harassment. The information that follows describes how to file a complaint.

Complaint Reporting:

Any member of the university community who believes that he or she has been a victim of sexual harassment is encouraged to promptly confer with one of the following sexual harassment advisors. Supervisors who are concerned with the behavior of staff or students may also confer with these advisors.

Sexual Harassment Advisors:

Faculty: Vice Provost -- 758-3165

Staff: Manager, Employee Relations and Training -- 758-3897

Students: Associate Dean of Students -- 758-4165

Initial Consultation

These Sexual Harassment Advisors have been specially trained to explain the definition of sexual harassment, offer guidance on filing a complaint, and provide information about psychological counseling and support services. If after the initial consultation the complainant does not wish to pursue the matter, this conversation will be confidential and "off the record." The advisor will not contact the accused and no formal records will be kept that identify the complainant or the accused. However, if the complainant wishes to pursue the matter further, he or she must file a written complaint.

Sexual Harrassment Complaint

To make a complaint of sexual harassment, the complainant must describe the act or acts in writing, naming the accused and submit this dated, signed written complaint to the sexual harassment advisor. All charges must be described in detail in this written complaint. The accused is given a copy of this written complaint by the sexual harassment advisor.

Complaints Are Made in Writing to:

Faculty: Vice Provost

Staff: Manager, Employee Relations and Training

Students: Associate Dean of Students

In some cases, the complainant may begin the initial consultation with one advisor (e.g., student goes to the Associate Dean of Students), then make the formal written complaint to another (e.g., the complaint is against faculty and is given to the Vice Provost). Complaints are shared with the accused and informal resolution is initiated by the Sexual Harassment Advisor unless one of the parties requests a formal resolution (see Investigation Procedures).

Time Period to File a Complaint. Prompt reporting of a complaint is strongly encouraged, as it allows for rapid response to, and resolution of, objectionable behavior. Complaints should be filed in writing within six months after the last act occurred. The student judicial code allows for students to file a complaint at any time during their academic career, but prompt reporting is encouraged so that the situation can be resolved in a timely manner.

Unless extenuating circumstances precluded filing within six months, failure to file a complaint within this time period will result in dismissal of the complaint.

Filing Internally versus Externally. The complainant may elect to have a complaint handled internally (within the university) in accordance with the procedures described here; or may elect to file a formal charge with a federal or state agency authorized by law to investigate such claims. If a formal external procedure is used, or a lawsuit is filed, the university will proceed in the manner it believes appropriate under the circumstances.

Protection from Retaliation. Any form of retaliation against a person who files charges of sexual harassment is prohibited and may be subject to disciplinary action. This protection from retaliation also applies to anyone who appears as a witness in the proceedings.

Charged Party: Protection from Bad Faith Complaints. If the sexual harassment advisor, the university judicial office (student cases) or the investigation panel, determines that the complaint is malicious, or knowingly false, or fundamentally frivolous, such charges will be dismissed and the investigation will be promptly terminated.

Confidentiality. All individuals who are involved in the complaint reporting and investigation are obliged to maintain confidentiality of the proceedings. The Sexual Harassment Advisors will underscore the need for confidentiality when the investigation panels are formed. Notwithstanding these precautions, the university cannot and does not guarantee that confidentiality will be maintained by all parties involved. Confidentiality also does not mean withholding details of the complaint from the accused.

Investigation Procedures

Level One: Informal Resolution

In many instances, the written complaint of sexual harassment can be resolved by the Sexual Harassment Advisor through informal discussion and mediation without the use of a formal, investigation panel. The goal of this informal resolution process is to rectify the problem. No formal finding of guilt or innocence is obtained and no disciplinary penalty is imposed. Typically, the informal resolution process will involve separate discussions with the complainant and the accused, negotiation for changes in behavior through separate or joint discussions, and a written understanding signed by both parties. Because informal resolution follows a formal written complaint, the Sexual Harassment Advisor will keep this written understanding in a confidential file.

This written understanding can be shared with the investigation panel if a formal investigation follows related to the same incidents.

Level Two: Formal Resolution with Investigation

A formal complaint will be resolved by an investigation when:

. It is referred by the Sexual Harassment Advisor; or

. The complainant requests formal resolution; or

. The accused requests formal resolution.

Complaints Against Faculty. Complaints for formal resolution against faculty are referred to the Provost who appoints a special Ad Hoc Panel of five faculty members. The Panel elects a Chair who handles procedural and administrative aspects of the investigation. This procedure applies to all full-time, part-time, and adjunct faculty.

Complaints Against Staff. Complaints against staff that are referred for formal resolution are given to the appropriate Vice President. This Vice President will charge the Manager of Employee Relations and Training to conduct a thorough investigation of the situation. The investigation typically includes an interview with the complainant, the accused and witnesses or reference people requested by the complainant or the accused. This procedure applies to all staff including those who are enrolled as students or who work on research grants.

Complaints Against Students. Complaints against students are referred to the Dean of Students Office and will be processed through the University Student Judicial System Code of Conduct. For complaints of sexual harassment, students include all undergraduate and graduate students and those who are functioning as TAs, RAs, and GAs.

Complaints Against University Administrators. If the sexual harassment complaint is against the Provost or other Vice President, it should be filed with the President. A sexual harassment complaint against the President should be filed with the Board of Trustees.

Participation in Hearing Panels. The University shall indemnify any employee who serves at the request of the University in an investigative capacity pertaining to a sexual harassment charge.

It is not a condition of employment that a University employee must serve in an investigative capacity if requested to do so by the University. Furthermore, the University shall take no punitive action against an employee who refuses to serve in an investigative capacity.

Formal Faculty Hearings. The investigation for faculty will take the following steps. First, the panel will have a training session with one of the Sexual Harassment Advisors who will review the university's policy on Sexual Harassment and emphasize the need for confidentiality. Then the panel will receive copies of the written complaint and any other relevant material (e.g., written rebuttal from the accused). The panel will hold closed hearings to interview the complainant, the accused, and witnesses or reference people requested by the complainant or the accused. The complainant and the accused can each bring one advisor to the hearing.

The complainant and the accused each have the right to be accompanied by an attorney as their one advisor during their testimony. The attorney or advisor may provide advice to his or her client, but may not directly address the panel or be present during any proceedings besides the client's testimony. The attorney or advisor may not cross-examine any witnesses. The ad hoc panel has the right to have a university attorney present during any proceedings. If the accused or complainant plans to bring an attorney, advanced notice must be given to the chair of the hearing panel. If one party plans to bring an attorney, the chair will inform the other party of this intent. No witnesses may be accompanied in the hearing by an attorney. The panel reserves the right to determine whom to interview and will interview the complainant, the accused, and witnesses in separate, private sessions.

Both the complainant and the accused may submit a list of witnesses to the panel. The panel will make a reasonable attempt to interview all witnesses submitted by both parties. Both the complainant and the accused may additionally submit a list of questions to be addressed to various witnesses. Unless these questions are obviously of an improper or irrelevant nature, the committee will pose them to the indicated witness or witnesses.

The committee may, at its discretion, bar the accused, the accuser, or any other interested parties from hearing the direct testimony of any witness. However, all testimony shall be recorded, or otherwise transcribed. Moreover, all recordings, transcriptions, written statements or any other evidence pertaining to the case will be made available in their entirety to both accuser and accused. Both the accuser and accused have the right to communicate to the committee, either orally or in writing, any comments they may have regarding the testimony of other parties, or any of the other evidence pertinent to the case.

Both the complainant and the accused will be notified in writing of the decision of the formal hearing panel.

Student Formal Hearings. Procedures for the adjudication of student cases are detailed in the University Student Judicial System Code of Conduct.

Staff Formal Hearings. Similarly for staff, the Manager of Employee Relations and Training has the right to determine whom to interview and has the right to interview the complainant, the accused, and witnesses in separate, private sessions. The complainant and accused can each bring one informal advisor to the meeting who is not a relative or person with formal legal training.

Reports of the Hearing Panels.

When the investigation has been completed, a written report of findings and disciplinary actions is given as follows:

Faculty: The investigation panel's written report is given directly to the Provost in confidence with any recommendations for disciplinary action. The Provost determines the final actions to be taken and communicates these directly to the accused and the complainant. In the case of a finding of guilt and disciplinary action, the faculty member's Chair, Dean, and the President are also informed of the outcome. In no case shall any permanent disciplinary action be taken until all appeals to the Personnel Committee, if any, have been exhausted. However, the Provost may, at his or her discretion, impose at any point in the proceedings temporary work restrictions designed to separate the accused and the accuser.

Staff. The Manager of Employee Relations and Training will prepare a written report and present it to the Vice President confidentially. The Vice President will determine the appropriate actions to be taken and communicate these directly to the accused and the complainant. In the case of findings of guilt and disciplinary action, the employee's Supervisor and/or Manager and the President are also informed of the outcome.

Student: The Student Judicial System has been authorized to impose disciplinary sanctions directly. The procedures described in the Student Handbook for disciplinary action will be followed.

Disciplinary Action

Sexual harassment is a serious offense that cannot be tolerated in a work, living, or learning environment. Disciplinary action may include, but is not limited to:

. Corrective action or restitution

. Written reprimand

. Requirement to attend training

. Work restrictions

. Suspension

. Demotion with reduction in pay

. Student expulsion

Student expulsion requires a special procedure involving the Board of Trustees as described in the Rules and Procedures of the Faculty and therefore calls for the automatic implementation of the Appeals Process.

Termination of employment. A move for dismissal of a tenured member of the faculty requires a special procedure involving the Board of Trustees, as per the Rules and Procedures of the Faculty and therefore calls for the automatic implementation of the Appeals Process.

If the accused is a non-tenured faculty member, and if the Provost moves for dismissal of the accused, then the accused faculty member has the right to an automatic appeal to the Personnel Committee.

Right of Appeal

The accused may write a written appeal to:

Accused Who Is Making Appeal Appeal Is Made To:

Faculty -- Personnel Committee

Students -- Dean of Students to University Discipline Appeals Committee

Staff -- President

This written appeal must be made within 15 working days of receiving written notice of disciplinary action.

Grounds for appeal include: (1) information is available that was not available at the time of the hearing, (2) the university disciplinary procedures were violated in a way that probably adversely affected the outcome of the case; or (3) the sanction was unduly harsh and not justifiable.

For students, these appeals go to the University Discipline Appeals Committee for procedural review as described in the Student Handbook. For faculty, the Personnel Committee considers the appeal and makes a recommendation to the President.

For staff, the appeal goes to the President who will determine how to respond to the appeal. The President has the option of using a three member Problem Solving Committee to review the case as described in step four of the Problem Solving Process for Staff while retaining the authority to determine the final outcome of the appeal.

Time-frame for Investigations. The person or investigation panel who receives a complaint of sexual harassment will make every effort to respond to complaints in a timely manner.

Lehigh University Policy For Cases of Sexual Assault

Policy Statement

Lehigh University considers sexual assault, harassment and relationship violence to be acts that cannot be tolerated within the academic and residential environment of a caring community. Lehigh University will not tolerate violence toward or abuse of any member of the community by another. Such violence and/or abuse will include relationship violence, sexual harassment, rape and other forms of sexual assault perpetrated against any student, faculty member, staff member or any other person in the Lehigh University community.

All members of the University community and visitors to campus are encouraged to report incidents of violence, abuse and/or sexual offenses to the persons listed below. We will further encourage victims to seek criminal prosecution under the Pennsylvania Crimes Code.

Any student charged with such an offense will be subject to the judicial action outlined herein. Persons charged with such offenses may also be prosecuted under Pennsylvania criminal statutes.

Any faculty or staff member charged with such an offense will be subject to the Grievance Procedure in the Faculty Handbook.

Lehigh University is firmly committed to providing immediate care and support of all victims of sexual assault, harassment and relationship violence.

Educational Programs

Involving students in educating other students about rape is a key element in the success of Lehigh's I.C.A.R.E. (Individuals Concerned About Rape Everywhere) program. Utilizing a video created by students at Lehigh, the I.C.A.R.E. program is intended to heighten sensitivity about sexual violence, encourage improved communication and identify strategies and support systems for individual prevention and intervention. Since 1985, student program leaders, paired in coed teams, have challenged participants to recognize the importance of mutual respect as a critical aspect in successful relationships and effective communication. The combination of the presentation, the video, and discussion provides a setting for I.C.A.R.E. which encourages male and female students to consider personal values and issues of female assertiveness and male sensitivity.

Students also play an integral role in Lehigh's sexual harassment education program. Students paired with a member of the university's staff, provide interactive programs which are designed to assist people in understanding the social, moral and legal ramifications of sexual harassment. The program also provides information on the university's policies and procedures for reporting harassment and resource people who may be contacted for assistance.

If You Are Sexually Assaulted

1. Seek medical attention immediately: Do not change clothing. Do not shower, bathe, douche or brush teeth. Do not eat or drink anything. If possible, delay going to the bathroom until after you are examined (this preserves evidence of the assault). Hospital Emergency Room care is highly recommended. St. Luke's Hospital (954-4500) provides specialized care and support. St. Luke's will report the incident to the police, but you are not obligated to press charges or give information that makes you feel uncomfortable. If you are certain you do not wish to report the incident, you may seek medical attention at the Health Center.

2. Get emotional support: Tell someone you trust. You need to talk about this. The primary on-campus resource is the University Counseling Service (758-3880). Another excellent resource is the Crime Victims Council of Lehigh Valley (437-6611). Both have trained counselors available 24-hours a day who will talk with you on the phone or meet with you immediately. If you wish, they will also accompany you to the hospital.

3. Report the assault: Victims are urged to report all cases of sexual assault and sexual harassment. There are a number of trained people to provide support and assistance. If you have already decided to report an incident to the Lehigh University Police, call 84200. The Lehigh University Police will contact a trained victim support person who will come to be with you throughout the process. Remember, reporting an incident is different from prosecuting. You are not obligated after reporting an incident to cooperate in a criminal investigation.

If you're not sure what to do but need help, call one of the following resources. Each of these resources is available to help you, not force you to make any specific decisions.

Confidential Sources of Help

1. The University Counseling Center, 83880, in Johnson Hall, 4th floor.

2. The Health Center, 83870, in Johnson Hall.

3. Crime Victims Council Hotline, 437-6611.

4. A member of the Dean of Students Office, 84156, 84165, 84159, 86598. Their offices are located in the University Center and Rathbone Hall. If it's after hours and the offices are closed, call the Lehigh Police and ask them to contact the Dean on duty. (You do not need to tell the Police the reason for the call.)

5. Contact your Residence Life Coordinator.

Definitions

1. Excerpts from the Pennsylvania Crimes Code

a. 3121. Rape - A person commits a felony of the first degree when he engages in sexual intercourse with another person not his spouse:

1 by forcible compulsion;

2. by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

3. who is unconscious; or

4. who is mentally deranged or deficient that such a person is incapable of consent.

a. Whenever the term "rape" is used in this title or any other title, it is deemed to include spousal sexual assault as further defined in section 3128 (relating to spousal sexual assault).

b. 3122. Statutory Rape - A person who is 18 years of age or older Commits statutory rape, a felony of the second degree, when he engages in sexual intercourse with another person not his spouse who is less than 14 years of age.

c. 3123. Involuntary Deviate Sexual Intercourse - A person commits a felony of the first degree when he engages in deviate sexual intercourse (as defined below) with another person:

1. by forcible compulsion;

2. by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

3. who is unconscious;

4. who is so mentally deranged or deficient that such a person is incapable of consent;

5. who is less than 16 years of age.

Deviate sexual intercourse." Sexual intercourse per os or per anus between human beings who are not husband and wife, and any form of sexual intercourse with an animal.

d. 3125. Aggravated Indecent Assault - A person commits a felony of the second degree when he engages in penetration, however slight, of the genitals or anus of another with a part of the actors body for any purpose other than good faith medical, hygienic or law enforcement procedures if:

1. he does so without the consent of the other person;

2. he knows that the other person suffers from mental disease