Student Life Policies

These policies directly relate to the University’s core values and our commitment to creating an environment that affirms respect for self and others, and that seeks excellence, accountability and integrity in all things.

Student Code of Conduct

Maintaining a safe and respectful environment that supports learning and student success is the goal of the student conduct process as described in the Student Code of Conduct. The privilege of being a student at Delaware Valley University carries with it certain responsibilities for behavior. Students, as adults, bear ultimate responsibility for their actions.

The information that follows will describe the University's expectations for students and how the University will respond to behavior that runs counter to those expectations. All students are expected to review and uphold the Student Code of Conduct.

The Code of Conduct is designed to create an environment on campus in which all students are able to reach their potential in a safe and responsible environment. The Code sets forth expectations for behavior, and outlines educational procedures regarding student conduct.

The goals for the University's Student Code of Conduct differ from those of the criminal justice system. Education and accountability to community are the top priorities of the student conduct process. Principles common to a courtroom do not apply here. Rather, we rely on educational procedures that balance individual learning and community welfare.

In resolving issues of student misconduct or violation of stated policies, Delaware Valley University uses the standard of “preponderance of the evidence” to determine a student's responsibility for violations of policies. This means that it is “more likely than not,” that the behavior occurred, based upon the information provided through the course of the review of the behavior in question. Students are entitled to fundamental fairness in procedures to resolve issues of misconduct, which means having the right to receive appropriate notice about specific behaviors of concern and to be able to respond to those concerns. In the case of formal proceedings students are afforded the right to be assisted by an advisor and to appeal the outcome of hearings.

The Vice President for Campus Life and Inclusive Excellence and Dean of Students (VPCLIE/DOS) is the person designated by the University President to be responsible for the oversight of the Student Code of Conduct and its administration. The Chief Student Conduct Officer is that University official authorized by the VPCLIE/DOS to administer the Code and its proceedings.

The University's expectations for student conduct apply to on-campus behavior, to behavior while studying on a University-sponsored program abroad, and to off-campus behavior that occurs while the student is enrolled at the University.

In situations involving violation(s) of law, students are advised that they are responsible for their actions and any consequences imposed by authorities outside the institution. In cases where student behavior is in violation of law and of the Student Code of Conduct, the University reserves the right to take action independent of and in addition to any action by civil or governmental agencies. On-campus resolution does not prevent or limit a student's access to the state and federal justice systems.

Student conduct is considered open for review under this policy from the time that a deposit is placed for admission to the University.

The University's expectations for student conduct are designed to create an environment that supports academic and personal success and that fosters respect and concern for people, ideas, property and community. While it is impossible to list every possible violation, the section that follows provides specific guidance about conduct that violates our expectations.

Prohibited Conduct:

  1. Type I Violations: The University has determined that certain violations, identified as Type I violations, are of such a serious nature that they are more likely than not to result in suspension or expulsion from Delaware Valley University.

    Type I violations are those that cause, or have the potential to cause, significant adverse consequences for the safety, health and/or well-being of the student, others, or the community at large.

    • Adulteration of Food and/or Beverage: The intentional placement of illicit drugs or other substances into the food or beverage to be consumed by others, without their knowledge and consent.
    • Assault: Intentional physical contact with a person resulting in injury or substantial pain.
    • Bias motivated incident: Behavior directed toward a person or a group based upon sex*, race, color, religion, sexual orientation*, ethnicity, gender identity*, national origin, disability or other characteristic protected by law or University policy. *These behaviors are addressed via the University’s Sexual Misconduct Policy.
    • Harassment and Abuse: Physical, verbal or psychological abuse, intimidation or other conduct that threatens or endangers the health, well-being or safety of oneself or of any specific person or persons.
    • Controlled Substances: The distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited by federal, state or local drug laws.
    • Hazing: Abusive affiliation practices (hazing) include any act that endangers or has the potential for endangering the mental or physical health or safety of a student or others. These prohibited acts include destroying or removing public or private property for the purpose of initiation, admission into, affiliation with or for continued membership in a group or organization, including athletic teams. (For additional details, see the complete Hazing policy in the Student Policy Guide).
    • Fire Safety Violations: Tampering with fire safety equipment and/or the intentional or reckless starting of a fire.
    • Firearms, Weapons and Explosives: All members of the University community, including faculty, staff, and students, as well as visitors to DelVal, are prohibited from possessing firearms, explosives or weapons (hereafter collectively referred to as “weapons”) on the premises of the University or in any building under University control or at any University–sponsored event without the explicit authorization of Delaware Valley University, whether or not a federal or state license to possess the same has been issued to the possessor.
    • Sexual Misconduct: Sexual assault, sexual harassment, stalking, domestic or dating violence or other inappropriate sexual behavior. Refer to the complete Sexual Misconduct policy for a comprehensive treatment of how such behavior is defined and addressed.
  2. Type II Violations: Examples of serious misconduct or disruptive behavior that is incompatible with DelVal's standards will be reviewed under our conduct system and may, based upon review and circumstances, result in sanctions up to and including suspension from the College:
    • Alcohol: Students are expected to comply with the Alcohol Policy as noted in the Student Policy Guide.
      • Underage Possession – It is a violation of this policy to possess or consume alcohol under the age of 21. It is also a violation of this policy to furnish alcohol to underage persons. It should be noted that students under the age of 21 could be considered to be in possession if they are in the presence of alcohol.
      • Excessive Quantity – It is a violation of this policy to possess excessive amounts of alcohol, serve alcohol in common source containers (e.g. kegs, punch bowl, etc.) or possess distilled spirits in excess of 40 proof (20% ABV).
      • Public Consumption – It is a violation of this policy to consume or possess an open container of alcohol in common spaces (e.g. common lounges, hallways, academic buildings, outdoors, etc.).
      • Other Violations – It is a violation of this policy to consume alcohol in a manner that could be dangerous or disruptive; this includes paraphernalia that promotes excessive consumption (e.g. funnels) and indications of drinking games (e.g. beer pong, card games, etc.).
    • Complicity: Condoning, supporting or encouraging a violation of University policy. Students and organizations will not facilitate, support or encourage any violation of the Code of Conduct or established University policies by others. Students who anticipate or observe a violation of university policy are expected to remove themselves from the situation and/or notify the Department of Public Safety.
    • Campus Computers and Network Acceptable Use: Using computer equipment or the university’s network in violation of the Acceptable Use policy is prohibited.
    • Drugs: Possession or use of controlled substances which are prohibited by federal, state or local law, including related paraphernalia, or containers.
    • Acts of Dishonesty and Deception: An act of dishonesty that intends to deceive, including but not limited to: academic misconduct; forgery, alteration or misuse of any University document, record, or instrument of identification; furnishing false information to any University official.
    • Disorderly Conduct: Conduct that is disruptive, obscene, causes a public alarm, or has the potential for harm or disruption of the academic mission and activities of the University.
    • Disruptive Classroom Behavior: Conduct that inhibits or interferes with normal classroom operation, includes but is not limited to: refusal to comply with faculty direction; inappropriate, disrespectful, or uncivil responses to the comments or opinions of others; arriving late/leaving early without a reasonable excuse; use of personal electronic devices, such as cell phones and tablets, without permission, and ; harassment, ridicule, or intimidation of other members of the class and/or the instructor.

      Members of the faculty may require a disruptive student to leave the classroom or instructional site for the remainder of the class and, if necessary, summon Public Safety to remove the student. If, after the appropriate hearing or intervention, a student is permanently removed from the course, a grade of “W” will appear on the transcript.

    • Failure to Comply with Directions of a University Official: Students and organizations are expected to follow the directions of University officials and not hinder any employee (including student employees) in the performance of their duties.
    • Health and Safety Hazards: Any possession, behavior, or environment created that poses a hazard to others' health or well-being, for example through the creation of unsanitary conditions.
    • Theft and Property Damage: Theft or damage to University property or the property of others, as well as any attempt to steal or damage such property is not tolerated.
    • Forcible Entry: Any willful entering or attempted entering of any secured University premises or other secured property while on University premises.
    • Unauthorized Access or Use of Facilities: Unauthorized access or presence in/on, or unauthorized use of University buildings and other facilities is prohibited. The improper possession, use or duplication of keys, key cards or other means of gaining access to buildings is also unacceptable, as is the misuse of the card-access system.
    • Violations of Law: Students and organizations are expected to obey federal, state, and local laws. Any violation of such laws on campus or which affects the University or members of its community is also a violation of the Code of Conduct.
    • Violations of Policy: Students and organizations are expected to comply with all policies or regulations published in hard copy or available electronically on the University website that is not otherwise covered by this Code of Conduct.

Any member of the Delaware Valley University community may make a complaint through Public Safety or Campus Life and Inclusive Excellence about student behavior that violates the Code of Conduct. A process of review and resolution is implemented when the actions of a student(s) or organization violate the Delaware Valley University Code of Conduct. This section describes the ways in which this occurs.

Generally, reports of violations are reviewed by the Chief Student Conduct Officer who determines whether a case will be resolved through Informal Resolution or through Formal Resolution, the latter which involves an administrative or panel hearing. The best judgment of the chief conduct officer will prevail to establish a resolution method that best meets the needs of the circumstances involved in the case to be heard.

Factors considered include but may not be limited to: clarity of facts at hand, degree to which student assumes responsibility for the behavior, sensitivity of the incident and privacy considerations, student's conduct record, and seriousness of the offense.

Informal Resolution

Informal Resolution (IR) is an approach to resolving conduct concerns when the:

  • facts of the incident are not in dispute
  • student(s) involved has accepted responsibility for the behavior
  • likely outcome given the offense will not alter a student's status with the University.
  • behavior does not represent a pattern of similar types of misconduct

An IR involves a conversation between the student involved and a party(ies) appointed by the chief conduct officer. Amicable and respectful discussion is expected throughout the process.

The goal of the meeting is to address the issue of concern, resolve conflict, and restore the student's relationship and standing within our community. This is achieved through outcomes mutually agreed to by the University and the student given the situation at hand.

Because the outcomes of informal resolution conversations are mutually developed and agreed upon by parties involved, an appeal of the process and its result is not permitted. If the parties are unable to agree on the outcomes of the informal resolution proceeding, any party may request that the matter be resolved through formal resolution proceedings. Other than when the honesty of any person or organization offering information during the formal resolution process is at issue, no statements made during the informal resolution process may be used during the formal resolution proceedings.

Type I violations which have the likely outcome of altering a student's status with the University are not eligible for review under Informal Resolution.

Proceedings of IR meetings are not recorded, and the outcomes do not appear on a student's conduct record; however, the outcome of an Informal Resolution will be taken into consideration if additional violations occur.

Formal Resolution

When a conduct violation is not eligible for review under the Informal Resolution process, or where a party has so requested, Formal Resolution proceedings will be initiated. There are two options for Formal Resolution: an administrative hearing or a panel hearing with representatives drawn from the Student Conduct Board (SCB). Hearings involve a more formal set of procedures which are described in this section.

Students are advised that Type I behaviors may only be resolved through a Formal Resolution process. Further, violations which involve sexual misconduct are resolved with a process specific to those offenses and which is outlined in the college's Sexual Misconduct policy.

Should the need for a hearing arise the following principles of fundamental fairness are afforded to students who are asked to respond to a complaint or report:

  • To receive written notice of the complaint.
  • To receive written notice of time and place of the hearing within a reasonable period of time. Generally, conduct hearings are resolved within 60 days from report to final resolution.
  • To appear in person and present information on their own behalf, to call witnesses, and to ask questions of anyone present at the hearing. In determining responsibility for the alleged violation, the University will permit witnesses of fact but not character.
  • To elect not to attend a hearing. In such cases, the hearing shall be conducted solely on the basis of the information available.
  • To refuse to answer or make a statement. However, decisions will be based on the information available.
  • To have at the hearing a member of the faculty, administration, or student body who may provide support but not participate in the hearing. Individuals other than those listed above, including but not limited to family members and attorneys, will not be admitted.
  • To receive written documentation of the outcome of a hearing and any sanctions imposed.
  • To request an appeal of the outcome of a hearing based on specified grounds.

Students who may bring forward a complaint can expect:

  • To be treated with dignity and seriousness.
  • To be reasonably free of intimidation that may occur because of a case.
  • In a case of assault, to be informed of the status and outcome of the case.
  • To have at the hearing a member of the faculty, administration, or student body who may provide support but not participate in the hearing. Individuals other than those listed above, including but not limited to family members and attorneys, will not be admitted.
  • To receive or be referred to appropriate support services.

Because complaints of sexual misconduct are resolved through a grievance procedure specific to those types of violations, students are advised to review the University's Sexual Misconduct policy for protections that are afforded complainants and respondents involved in resolution of complaints of sexual misconduct.

Consistent with the philosophy of the student conduct system as an educational process to review breaches of our community standards, formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.

Panel Hearings:

Cases referred for resolution by a panel drawn from the Student Conduct Board are generally those which involve more serious cases, where a student's status at the institution may be altered if they are found responsible for the behavior, or, situations which represent a pattern of less serious violations which must be reviewed in totality.

Panel Hearing participants:

A panel consists of five members: two students, a faculty member, a staff member, and an administrator from Campus Life and Inclusive Excellence (CLIE). Panels are drawn from the full membership of the Student Conduct Board which is an all-college committee.

The CLIE representative to the panel serves as the administrator for the hearing whose role is to:

  • Facilitate the hearing;
  • Make determinations on matters of procedure and compliance;
  • Facilitate deliberations to assist the panel in weighing critical factors such as community impact, stakeholder concerns, student development and success, residential impact and others

Advisors:

Students involved as a respondent or a complaint in a formal resolution proceeding may be assisted by an advisor. This person may help prepare the student for the hearing and may accompany the student to the hearing. An advisor must be a current student, faculty member or staff member of Delaware Valley University. This person must not have a law degree and cannot speak on behalf of the responding party or complaining party during the hearing. Parents may not serve as advisors. CLIE will assist any party in identifying an advisor, if requested.

Please note that the guidelines for advisors and who may serve in this role differ in the instance of a sexual misconduct proceeding. Students are advised to refer to the Sexual Misconduct Policy if appropriate.

Hearing Procedures:

Whether a formal resolution of student conduct concerns occurs in an administrative hearing, or through a Student Conduct Board panel hearing, the following basic procedures are followed:

  1. Reports of alleged conduct violations are reviewed by the Vice President of Campus Life and Inclusive Excellence/Dean of Students (VPCLIE/DOS) or designee who determines: a) whether a student may have violated University policy; b) whether the review of alleged misconduct will be informal or formal; and c) if formal, whether an administrative hearing or panel hearing.
  2. A notice letter provides a student with information about the policy violation(s) that are alleged to have occurred. In addition, the letter provides a student with the date, time, and place of the hearing, as well as the name(s) of the person(s) reviewing the case. Email is the University's official means of communication and students are expected to check it. Failure to do so will not be grounds for altering the timeline of proceedings.
  3. A student who wishes to contest his or her hearing officer or panel member(s) based upon a perceived conflict of interest should contact the VPCLIE/DOS or designee as soon as possible, but in no less than one full business day before the hearing. A conflict of interest exists where, based upon facts and circumstances, the hearing officer or panel member cannot listen without bias or render a fair and impartial decision.
  4. At the time appointed for the hearing, the panel or administrative hearing officer will listen to and consider all relevant information. Information supporting the violation(s) alleged may come from documents or oral information from the complaining party and other individuals.
  5. The responding party shall be provided with an opportunity, and is encouraged, to respond to the allegations and present any information available to support his/her position regarding the alleged violation(s). Parties and other individuals who offer information at a hearing are expected to respond to questions presented via the hearing panel chair and/or by the panel members themselves. Requests to reschedule must be submitted to the VPCLIE/DOS or designee at least two business days prior to the hearing. Requests must come directly from the student receiving a notice letter.
  6. Student Conduct Board hearings are audio-recorded. The audio recording is created for two limited purposes only: for reference by the hearing board or officer during deliberations and for review by the appellate officers during an appeal. No other recordings of conduct proceedings are allowed and no other access to the recordings is permitted. The audio recording is destroyed following the conclusion of the proceedings, including all appeals. Once all the information has been presented, everyone will be dismissed from the hearing room so that the panel or administrative hearing officer may deliberate in private.
  7. If a hearing must be held at or after the end of the semester and/or a hearing panel cannot reasonably be convened, those cases will proceed to an administrative hearing with the Chief Conduct Officer, or his or her designee.

The VPCLIE/DOS or designee may invoke interim measures (up to and including separation from the University) for any behavior that, in their judgment, poses an ongoing risk of harm to the safety or well-being of the individual or other members of the campus community.

Pending formal resolution of a situation as provided by the Code of Conduct procedures, a student may be denied access to the entire campus. When applying interim measures, the University will make reasonable effort to permit a student to continue his/her coursework pending a hearing to resolve the behavior(s) in question.

A majority of members of a hearing panel must support a finding of responsibility for a violation. The University relies on the "preponderance of the evidence" standard to determine responsibility which means that the alleged violation was more likely to have occurred than not.

Upon reaching a finding of responsibility, the hearing body shall determine the sanction, considering any previous disciplinary action for which the responding party has been found responsible.

The result of the hearing and any sanction imposed are communicated to the responding party. Generally, this will occur within five (5) business days from the date of the hearing. There are some violations, as determined by law, for which a victim or victims will be notified about the outcome of a hearing.

Hearing panels or administrative hearing officers who find a student or organization responsible for a violation of the Code of Conduct may issue outcomes and/or sanctions. Sanctions may be issued individually or a combination of sanctions may be imposed. The determination of sanctions is based upon a number of factors, including: the interest of the University community; the impact of the violation on the community, its members or its property; any previous conduct violations; and any mitigating or aggravating circumstances.

Outcomes and sanctions that may be imposed upon any student found responsible for violations under this policy include but are not limited to:

  • Education: Educational activities, programs or interventions.
  • Warning: A notice in writing that institutional regulations have been violated and that subsequent violations may result in more serious outcomes.
  • Restrictions on participation or use: Restrictions may include but not be limited to, for a designated period of time loss of ability to hold office in any club or organization; restriction from participation in university programs (varsity athletics or other co-curricular or academic programs); loss of access to facilities or equipment; housing restrictions or limitations. A student may lose his/her privileges or be subject to more severe disciplinary sanctions and/ or suspension if found in violation of any policy during their period of restriction, no matter how minor.
  • Housing Restriction(s): Housing restrictions include, but are not limited to, restricted access to any or all parts of residence halls, the loss of room selection/lottery privileges, relocation to another residence hall facility, requirement to move on-campus at the student’s own expense, removal of guest privileges, and/or restriction from autonomous housing options.
  • Restitution /Restoration: Restitution includes the reimbursement for damages to or the misappropriation of property. Restoration includes the performance of appropriate services to repair or otherwise compensate for damages. Restitution and restoration may also include personal apologies, or other direct efforts to compensate for or address an issue.
  • Assessment and Evaluation: Referral for various assessments, evaluations or sessions may be indicated. This includes, but is not limited to; substance abuse evaluation, threat assessment evaluation, conflict mediation, or other assessments.
  • Probation: Conduct status in place for a designated period of time during which more severe sanctions for subsequent violations are indicated. Probation may impose limits on students' participation in certain student programs and activities.
  • Suspension*: Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for return may be specified. A student suspended from the University may not participate in classes or other University activities and may not be on University property (except by appointment, arranged in advance with the Associate Dean of Students or designee) for the period of time specified in the notice of suspension. Suspension may be stayed at the discretion of the hearing body with specific conditions to be specified to the student.
  • Expulsion*: Permanent separation of the student from the University. A person expelled is denied the rights and privileges of inclusion in the DelVal community both as a student and as an alumnus. Persons expelled from the University are completely banned from campus and not permitted on University property, or at University-sponsored events at any time, for any reason. Expelled persons found to be in violation of this order are subject to arrest for Criminal Trespass.

*University refund policy directs that when a student has been suspended or expelled that refunds are not available except for a pro-rated board refund.

Students are advised that in addition to the sanctions/outcomes that may be imposed for violations of the Code of Conduct, there may be other consequences of their behavior. For example, a student’s immigration status may be adversely affected, financial aid may be impacted, he or she may not be eligible for other campus opportunities, including but not limited to membership or participation in certain organizations, certain honors, awards and scholarships, leadership positions, study abroad, club sports or varsity athletics.

Decisions made through a formal resolution process can be appealed within five (5) business days from the date of notification of the decision. The appeal must be based on one or more of the following grounds:

  • Procedures set forth in the Code of Conduct were not followed
  • New or relevant information, not available at the time of the hearing, has arisen
  • The sanction was excessive for the nature of the offense

Appeals must be in writing and submitted to the VPCLIE/DOS. The appeal shall consist of a plain, concise and complete written statement on the grounds for the appeal. The appeal will be heard by the VPCLIE/DOS and/or their designee(s) which may include a panel drawn from the Student Conduct Board comprised of members not involved in the original decision.

The appellate body shall consider the merits of an appeal only on the basis of the information provided in the written request for appeal, the report of the hearing officer or panel, information obtained during individual meetings with the parties, original hearing officer or panel, and victim, and, if necessary, the hearing audio recording.

In cases where the sanction alters the status of the student or organization, the appellate body may request to meet with the student or organization. Any decision of an appellate panel shall be made by majority vote. The appellate body must be persuaded to act by clear and convincing reasons. The responding party will be notified of the decision on the appeal by letter within three business days, or as soon as reasonably possible after the decision is rendered.

All appellate decisions are final, with the exception of cases of expulsion. In such cases the responding party may make a second appeal to the VPCLIE/DOS who, with the Vice President for Academic Affairs, will conduct the final appeal. An appeal of expulsion must be based on the same grounds as above, and be made in writing, addressed to the VPCLIE/DOS and be delivered to the Campus Life office within five (5) business days from the date of notification of the decision by the appeals panel.

Copies of outcome letters are maintained in a student's file in the office of Campus Life. Such records shall be used in reviewing any further conduct, developing sanctions, and shall remain a part of a student’s conduct record for all purposes.

All resolution proceedings, whether informal or formal, are conducted in compliance with the requirements of FERPA and University policy. No information shall be released from such proceedings except as required or permitted by law (including FERPA) and University policy. (link to FERPA policy)

Generally, it is the policy of Delaware Valley University to obtain consent from a student before releasing information from a student’s record, including proceedings from Student Code of Conduct hearings, to parents. There may be times when in the judgment of the University that the release of such information to parents is appropriate and not otherwise prohibited by FERPA or other applicable laws. In such cases the University reserves the right to release information without student consent.

Informal resolution is an administrative proceeding, and matters resolved through informal resolution processes are not part of a student’s conduct files, subject to the exception noted in the previous description of the Informal Resolution section.

In most cases, conduct files of students who have not been suspended or expelled are destroyed upon their graduation. The conduct files of students who have been suspended or expelled from the University are maintained in the office of Campus Life for no less than five years after the student's departure from DelVal.

 

This comprehensive policy addresses the manner in which Delaware Valley University will: prevent sexual misconduct; encourage and respond to reports of sexual misconduct; and comply with applicable laws, specifically: Title IX of the Education Amendments of 1972; Title IV of the Higher Education Act of 1965; the Family Educational Rights and Privacy Act of 1974; the Jeanne Clery Disclosure of Campus Security Policy Campus Crime Statistics Act and the Campus Sexual Violence Elimination Act (SaVE Act) passed in March 2013 as part of the Violence Against Women Reauthorization Act (VAWA).

The policy addresses:

  • Purpose and scope
  • Role of Title IX Coordinator and other key personnel
  • Definitions of prohibited conduct
  • Definition and explanation of concept of "consent"
  • Support and resource information for victims of sexual assault
  • Prevention education requirements
  • Confidentiality and private options for reporting
  • Formal reporting options for university and law enforcement response
  • Investigation and resolution procedures
  • University's reporting and record-keeping requirements
  • Resources, support and contact information
  • Related policies and guidelines

Delaware Valley University does not discriminate on the basis of sex in the administration of any of its educational programs or activities, including but not limited to admissions, financial aid, athletics and employment policies and practices, as required by Title IX of the Educational Amendments of 1972, which states that:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Gender and sex-based misconduct is a form of discrimination under Title IX.

One of our University's values is to respect all people. Members, guests and visitors of our campus have the right to be free from all forms of gender and sex-based misconduct, examples of which can include acts of sexual harassment, sexual violence, domestic violence, dating violence and stalking.

For these reasons, Delaware Valley University has a zero-tolerance policy in regard to sexual misconduct. The university is committed to eliminating sexual misconduct, preventing its recurrence and addressing its effects to ensure that all students have equal opportunity to be engaged in campus life and benefit from the university's educational programs.

The information contained within this policy describes the manner in which this commitment will be fulfilled.

This document sets out procedures, confidential resources, prohibited conduct, educational resources, and guidance to assist those who have experienced or been affected by sexual misconduct whether as a complainant, a respondent, or a third party.

The policy applies to all students regardless of sexual orientation or gender identity, addresses student-to-student misconduct, and applies to such conduct that may occur both on-or-off campus.

After reviewing this document, students will have the knowledge and information that will allow them to:

  • Understand what sexual misconduct is and what conduct is prohibited;
  • Find sources of support, information and resources to address sexual misconduct;
  • Understand ways to prevent sexual misconduct against themselves or others;
  • Know how to make a report or complaint; and
  • Understand the process by which the university responds to complaints.

The Title IX Coordinator is the responsible employee of the University with major responsibility for the development, implementation and monitoring of meaningful efforts to comply with Title IX. Responsibilities include: coordinating any investigations of complaints under Title IX; insuring a coordinated and integrated response across the University through education, training, policies and support; maintaining a centralized reporting, investigatory and record-keeping process; and the administration of a prompt, fair and impartial grievance process.

The Title IX Coordinator is assisted by designees who have responsibility for managing the grievance process for student-to-student complaints of sexual misconduct. The following personnel serve in these roles:

Title IX Coordinator
Tim Poirier
Dean of Students
timothy.poirier@delval.edu
215.489.2215

Designees
Cindy Transue
Director of Public Safety
cynthia.transue@delval.edu
215.489.2905

Kelly Hojnacki
Assistant Dean of Student Development
kelly.hojnacki@delval.edu
215.489.2215

Evelia Hunter
Assistant Dean of Student Development
evelia.hunter@delval.edu
215.489.4471

The Title IX Coordinator convenes the University's Central Review Team (CRT), the body responsible for investigating and responding to complaints of sexual misconduct (see Section X). The CRT is also responsible to work with various campus partners, community partners, and government agencies to ensure that the University provides and supports a coordinated and systemic network of effective prevention and response.

An understanding of the terms associated with this policy is essential. Sexual misconduct is the umbrella term used in this policy to describe a broad range of behaviors prohibited by law and under this policy. Sexual misconduct includes the following behaviors which, if alleged, will be reviewed under the University's investigation and resolution process for sexual misconduct complaints, which is outlined under Section X of this policy.

Under this policy, Sexual Misconduct includes:

Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for favors, and other forms of verbal, physical or electronic behavior of a sexual nature. Specific examples of sexual harassment include but are not limited to: touching of a sexual nature; making sexual comments, jokes or gestures; writing graffiti or displaying sexually explicit drawings, pictures or written materials; calling others by sexually charged names; spreading sexual rumors; rating students on sexual performance; circulating or creating e-mails, websites or other forms of social media of a sexual nature.

A hostile environment is created when sexually harassing conduct is sufficiently severe, persistent or pervasive, with the result that the behavior unreasonably interferes with or limits someone's ability to take advantage of the University's educational programs and activities.

A single or isolated incident of harassment may create a hostile environment if the incident is sufficiently severe. Anyone can be a victim and harassment that occurs between members of the same sex will be treated the same as that between members of different sexes.

Sexual Assault

Sexual assault is defined as physical sexual acts perpetrated without consent or against a person's will; where a person is incapable of giving consent, for example because of the use of drugs or alcohol or due to an intellectual or other disability; and through coercion or force. The concept of consent is explored more fully later in this policy. Sexual assault takes two forms:

  • Non-consensual intercourse/penetration
    Engaging or attempting to engage in any sexual intercourse with another person without effective consent. Intercourse includes acts of oral, vaginal, or anal penetration, however slight, by an object or body part.
  • Non-consensual contact
    Engaging, or attempting to engage in any touching or contact, however slight, of a sexual nature without effective consent. Includes but is not limited to kissing, and other intentional contact with the breasts, buttock, groin or genitals or touching another with any of these body parts, or forcing another to touch you or themselves with any of these body parts.

Domestic Violence

Domestic violence is violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Pennsylvania, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

Dating Violence

Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined based on consideration of the following factors: 1) length of the relationship, 2) the type of relationship and 3) the frequency of interaction between the persons involved in the relationship.

Exploitation

Occurs when a student takes a non-consensual or abusive sexual advantage of another for his/her own benefit, or to benefit of anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples include but are not limited to: invasion of sexual privacy; non-consensual video or audio recording of sexual activity; knowingly transmitting a sexually transmitted disease; sexting or public distribution of images of a sexual nature without another's consent.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to; fear for his or her safety or the safety of others; suffer substantial emotional distress; and/or that creates a hostile environment.

Cyber-stalking is a particular type of stalking in which electronic media (the internet, social media and networks, blogs, cell phones, texts, or other similar devices or forms of contact) are used to pursue, harass, or to make unwelcome contact with another person.

Retaliation

Retaliation is behavior to seek revenge or retribution against any individual who makes or is connected to the bringing forward of allegations of harassment or discrimination. Delaware Valley University has a zero-tolerance policy for retaliatory behaviors which will be addressed with severity.

Complicity

The act of contributing to, assisting with or facilitating behavior in violation of the policies set forward in this document.

Gender-based harassment

As distinguished from sexual harassment, is the harassment of any individual or group within the university based on gender identity, or sexual orientation, whether or not such acts involve physical conduct that is sexual in nature. Gender-based harassment may include but not be limited to verbal or nonverbal acts, physical aggression, or intimidation.

False reporting

Falsely reporting and/or falsely accusing an individual of sexual harassment or any of the behaviors under the umbrella of that definition is a serious violation of policy. Intentionally providing false/and or inaccurate information regarding an allegation of prohibited conduct under this policy is considered serious misconduct. Good faith reports for which a respondent is not found to be responsible is not considered false reporting.

Our University's core value to respect all people relates to the concept of consent, an issue that figures prominently in complaints of sexual misconduct. In a sexual context, respecting another person means understanding that we do not have the right to act upon another person sexually unless and until they give clear permission to do so.

Consent means giving permission for sexual activity to occur. Consent to engage in sexual activity must be informed, knowing and voluntary prior to and during sexual activity. Consent is active, not passive, and is demonstrated through clear and mutually understood gestures and words that signal a willingness to engage in sexual activity. Silence cannot be interpreted as consent. Obtaining consent is the responsibility of the individual who wishes to initiate sexual activity.

Consent to sexual activity can be withdrawn at any time. Further, consent to one type of sexual activity may not, in itself, be taken to imply consent to another type of sexual act.

The influence that drugs and alcohol is an important consideration in understanding the concept of consent. The use of alcohol or other drugs can have unintended consequences and can create an atmosphere of confusion and impaired judgment over whether consent is freely and effectively given. Being under the influence of drugs and/or alcohol does not diminish the responsibility of the initiator of sexual activity to obtain consent and is never an excuse for sexual misconduct.

There are several circumstances under which consent cannot be freely given, nor should it be assumed to have been given:

  1. Incapacitation 
    A person may not engage in sexual activity with another person who the initiator knows, or should reasonably have known, is incapacitated as a result of alcohol or other drugs. Incapacitation is a state where a person lacks the capacity to appreciate the nature of giving consent to participate in sexual activity. Physical markers indicate an inability for a person to give affirmative consent which is required for sexual activity to occur. Examples may include but are not limited to vomiting, falling/inability to walk or stand; incoherent speech, unresponsive behavior.
  2. Coercion 
    The use of fraud or force to compel another person to engage in sexual activity does not constitute consent. Examples of fraud or force include but are not limited to physical force, threats, intimidation, or coercion.
  3. Current or prior intimate partner relationship 
    The existence of a relationship between parties does not confer consent nor should consent be presumed. Clearly understandable agreements about sexual activity are still expected within the parameters of an intimate partner or dating relationship.

Because the University is committed to eliminating sexual misconduct, students are strongly encouraged to talk with someone about what has happened to them so that victims can receive support and the University can respond appropriately.

Students who wish to discuss or formally report an incident should know that faculty and staff members at Delaware Valley University have differing abilities to maintain privacy of information upon learning of an incident.

You should know that:

  • Certain personnel on campus (and off campus) can offer confidentiality -- providing support, advice and options without any obligation to tell anyone unless a student requests that they do so, or if there is an imminent risk of harm to someone.
  • Other personnel can provide privacy in the advice and support they can offer. While they are not required to report specific, personally identifying information (unless there is concern for your safety or that of others), they do have an obligation to report that something has occurred, without specifics or names. This limited reporting keeps the University's Title IX Coordinator informed about the nature of incidents on campus for purposes of tracking patterns, evaluating campus wide procedures and providing remedies for the campus community.
  • Finally, some personnel, who are designated by the university as "responsible employees," are required to act on a specific report, which means they have an obligation to report the specifics of an incident to the Title IX coordinator for review and investigation.

The Options

Generally there are four options, classified as informal and formal, for discussing an incident.

  • Informal reporting 
    The option of discussing an incident for the purposes of support or guidance, without expectation or desire for the university to act on the incident. Informal reporting may occur by:
    • Confidentially discussing an incident with the following university or community resources:

      Counseling Services (on-campus) in Elson Hall
      Phone number: 215.489.2317
      After 4:30 p.m. weekdays and weekends call Public Safety 215.489.2315

      Health Services (on-campus) in Elson Hall
      Phone number: 215.489.2252
      After 4:30 p.m. weekdays and weekends call Public Safety 215.489.2315

      Network of Victim Assistance (off-campus)
      1.800.675.6900 (NOVA victim assistance hotline, available 24 hrs/day)
       

    • Privately discussing an incident with campus personnel (faculty, staff, and/or volunteers not designated as "responsible employees" for support and guidance). Examples of personnel in this category include those without supervisory responsibility or authority to address sexual misconduct including but not limited to:
      • Faculty
      • Advisors to student organizations
      • Admission, financial aid, bursar, registrar and finance personnel
      • CSPD staff
      • Academic affairs/support (tutoring, learning support, student success)
      • Certified athletic trainers
      • Dining and facilities staff
      • Custodial and facilities staff
      • Administrative assistants and clerical

        Victims wishing to speak with someone on campus about an incident are encouraged to first ask about the level of confidentiality or privacy that will be afforded to the conversation.

        Limits of confidentiality and privacy: Victims who choose to speak informally with personnel who can extend confidentiality or privacy must understand that a victim's desire for confidentiality means that the University may be unable to conduct an investigation into an incident, or pursue action against the alleged perpetrator.

  • Formal reporting 
    Defined as a report with the desired intent to initiate an investigation. Details about formal reporting to the university follow in section VIII of this policy. Formal reporting may occur by:
    • Making a formal report to the university through a "responsible employee," Public Safety, the Title IX Coordinator or Title IX deputy which will result in the university evaluating and investigating as appropriate.
    • Making a formal report to law enforcement and/or the Office of Civil Rights (OCR). The university will actively assist in the process of formal reporting to local law enforcement.

      University personnel are annually trained on their reporting roles and obligations and are able to identify for students into which category of reporting obligation they fall.

  • On-line reporting: Reports of sexual misconduct can also be submitted via the University’s on-line reporting form by clicking this link. On-line reports can be made anonymously, should the reporting party desire to do so. Please review the form carefully for information about the reporting options.

Immediate assistance

If a sexual assault has occurred, the university is committed to providing a variety of support and assistance to victims. Medical care following an assault is important to ensure the victim's safety and well-being, to evaluate any injuries, to consider pregnancy prevention, for preventative treatment for sexually transmitted diseases, and other health services.

Medical attention and resources

Immediate medical care, a sexual assault medical exam, and the services of a Sexual Assault Nurse Examiner (SANE) can be accessed locally at:

  • Doylestown Hospital Emergency Services
    595 West State Street
    Doylestown, PA. 18901
    215.345.2586

Prior to going to the hospital, victims are encouraged to contact the Network of Victim Assistance (NOVA) hotline at 1.800.675.6900. Hotline advocates are available to provide counsel and information, and can arrange advocacy support at the hospital.

Preserving evidence

Any victim of rape, domestic violence, dating violence, sexual assault and/or stalking is advised to take steps immediately to preserve any evidence they may have in their possession and/or on their person. This evidence can be important proof if the victim chooses to pursue a protective order and/or criminal charges in the future.

Seeking medical treatment is an important option to preserve evidence for the future. If evidence is to be collected, go immediately to the hospital; avoid food, drink, smoking, showering or changing clothes as much as possible. It is OK if you've done some of these things, as there may still be evidence to collect. Other material, such as sheets, pillow cases or other fabric, are best placed in a paper bag for transport to the hospital where they can be evaluated for evidence.

Students are strongly encouraged to seek medical care and are advised that the hospital will notify police that an assault has occurred and that evidence has been collected. Students are not obligated to speak with police or to pursue a criminal complaint. For victims age 18 or older, a sexual assault medical exam may be completed anonymously.

Students who would like the support of a victim advocate to accompany them to the hospital are strongly encouraged to contact NOVA, a local Network of Victim Assistance. The contact information is below.

Confidential resources for support and information after an assault:
Students can receive confidential support and information both on and off campus without making a report to the university or law enforcement.

  • Counseling Services (on-campus) in Elson Hall
    Phone number: 215.489.2317
    After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444
  • Health Services (on-campus) in Elson Hall
    Phone number: 215.489.2252
    After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444
  • Network of Victim Assistance (NOVA) – off campus
    24-Hour Phone Number: 800.675.6900
    www.novabucks.org
    A victim advocate can accompany a student to the hospital or health provider
  • A Woman's Place – off campus
    Phone number: 800.220.8116
    www.awomansplace.org

Emergency assistance and response

  • Office of Public Safety – Delaware Valley University
    Phone number: 215.489.4444
  • Doylestown Hospital Emergency Services
    595 West State Street
    Doylestown, PA. 18901
    Phone number: 215.345.2586
  • Central Bucks Regional Police Department
    Non-emergency line: 215.345.4143
  • Doylestown Township Police Department
    Non-emergency line: 215.348.4201

In the event of an emergency, where seconds count, dial 911.

Academic accommodations and other measures

Upon notice of a sexual assault, the University will take interim measures as needed to protect the safety, and emotional and/or physical well-being of parties involved in a report and the university community. These measures are taken regardless of whether a victim wishes to pursue action through local law enforcement. A request for interim measures may be made by any party involved in a report. Such measures may include:

  • No-contact directives
  • Changes in class schedules
  • Withdrawal from classes with no penalty
  • Changes in living arrangements
  • Change in work arrangements
  • Counseling or other supportive services
  • Medical services
  • Academic support services
  • Escort services to ensure safe movement on campus

In cases where the report of sexual harassment or violence poses an ongoing threat or risk to individuals or to the university community, the university may place an individual or organization on Interim Separation -- from the university, from residence, or from specified activities.

Under the expectations of Title IX, the University has a set of obligations and procedural responses to evaluate and address reported incidents of sexual misconduct in a manner designed to end the behavior, prevent its recurrence and to ensure the safety of the reporting student and the Delaware Valley University community.

A formal report occurs when a victim of sexual misconduct makes a report to institutional personnel directly responsible for investigating an incident, or to a "responsible employee" of the university.

A formal report results in an initial assessment of any risk of harm to individuals or to the campus community, and any steps necessary to address those risks. The initial evaluation will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, an investigation may continue depending on a variety of factors, such as the request of the complainant not to proceed and the risk posed to the any individual or the campus community by not proceeding.

Institutional Officials

The following personnel comprise the University's Central Review Team (CRT) and are trained and charged to investigate and resolve complaints (see Section X for process). A complainant may bring a complaint of sexual misconduct directly to:

Tim Poirier
Dean of Students & Title IX Coordinator
timothy.poirier@delval.edu
215.489.2215

Cindy Transue
Director of Public Safety
cynthia.transue@delval.edu
215.489.2905

Kelly Hojnacki
Assistant Dean of Student Development
kelly.hojnacki@delval.edu
215.489.2215

Evelia Hunter
Assistant Dean of Student Development
evelia.hunter@delval.edu
215.489.4471

Reports to the university result in a procedural response, described throughout this document, to ensure the safety of the reporting student and the Delaware Valley University community. The university will respect and safeguard the privacy of reporting individuals while meeting the university's responsibility to maintain a safe learning environment.

"Responsible Employees"

Victims also have the option of making a report through a "responsible employee" of the university. For the purposes of this policy, the following staff positions are designated as "responsible employees." A report to them serves as notice to the university, which will initiate an investigation (see Section X).

  • Presidents and vice presidents of the university
  • Associate and assistant vice presidents, Deans (and associates and assistant deans)
  • Directors and associate or assistant directors
  • Coaches and assistant coaches of athletic teams
  • Administrators with supervisory responsibilities (directors, work-study supervisors)
  • Public Safety
  • Human Resources
  • Residence Life professional staff
  • Resident Assistants (RA's)
  • Student Involvement professional staff

When a report is made to a responsible employee, a victim has the right to expect that the University will take timely and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. It is the obligation of a responsible employee to make a report to the Title IX coordinator or deputy, outlining the details shared by the complainant.

Retaliation for reporting

No individual will be subject to retaliation for making a reasonable and good faith complaint as described above regarding: unlawful harassment or discrimination; cooperating in the investigation of alleged unlawful harassment or discrimination; or otherwise opposing unlawful harassment or other discrimination. The university will not tolerate retaliatory behavior.

Engaging in retaliation or abusing this policy is a form of prohibited conduct under this policy.

Third-party and anonymous reporting

By encouraging reporting and responding to same, the University signals its commitment to eliminate sexual misconduct on campus. For this reason, the University, through the Title IX Coordinator or other member of the CRT, will evaluate and investigate reports of sexual misconduct that are made through third-parties or anonymous reporting.

On-line reporting: Reports of sexual misconduct can also be submitted via the University’s on-line reporting form by clicking this link. On-line reports can be made anonymously, should the reporting party desire to do so. Please review the form carefully for information about the reporting options.

Reporting to local law enforcement

Victims may choose to pursue resolution through local law enforcement as well as through the university's processes if the alleged violation is also a crime. Criminal acts under the scope of this policy include but are not limited to: assault, stalking, rape, domestic violence, and dating violence. Contact information for outside law enforcement is provided below:

Central Bucks Regional Police Department
Non-emergency line: 215.345.4143

Doylestown Township Police Department
Non-emergency line: 215.348.4201

Emergency assistance: Dial 911

The University strongly encourages and supports victims and complainants in choosing this option and will assist as requested in connecting individuals with appropriate local officials. Delaware Valley University's main campus straddles two local municipalities and the university operates other facilities (e.g. the Gemmill Campus, the Roth Farm). The Department of Public Safety is available for guidance in determining the appropriate jurisdiction and contact information.

Pursuing action through local law enforcement does not prevent the university from taking action as well, or from a complainant requesting formal action by the university. The university's conduct proceedings differ in mission and purpose from the criminal justice system and represent two separate processes. For that reason, reports made to the university will be evaluated and may proceed through university grievance procedures independent of any action being pursued through the criminal justice system.

Office of Civil Rights (OCR)

Complaints of violations under Title IX, or inquiries regarding same, may also be referred to the Office for Civil Rights of the U.S. Department of Education at the following address:

Philadelphia Office
Office for Civil Rights
U.S. Department of Education

The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: 215-656-8541
FAX: 215-656-8605
TDD: 215-656-8604
e-mail: OCR_Philadelphia@ed.gov

The University is committed to providing members of the university community a safe place to live and learn. Because of this commitment, the university will respond with procedures that provide a fair, prompt and impartial resolution to reports of sexual misconduct that occur on or off our campus.

Because of the unique nature of sexual harassment complaints and the university's requirements to resolve them in a manner consistent with Title IX, the resolution process for sexual misconduct cases is related to but distinct from the university's student code of conduct. Sexual misconduct is a violation of the university's student code of conduct. The manner in which such cases are investigated and resolved differ from cases of a non-sexual nature that are resolved through the student code of conduct.

The University's Title IX Central Review Team (hereafter CRT), comprised of the Title IX Coordinator/Chief Student Conduct Officer, the Director of Public Safety and the Deputy Title IX Coordinator is the body primarily charged with ensuring that all reports of sexual misconduct are evaluated in a fair, prompt and impartial manner.

Investigation defined

For the purpose of this policy, an investigation is a fact-finding and decision making process to determine: 1) whether or not the conduct occurred and was in violation of the policy; and 2) if the conduct did violate the policy, what actions will be taken to end the behavior, eliminate the hostile environment and prevent its occurrence, which may include imposing sanctions on the perpetrator and providing remedies for the victim and the broader campus community.

Initial evaluation and response

Any formal report will result in an initial assessment of any risk of harm to individuals or to the campus community and any steps necessary to address those risks. The initial evaluation will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, an investigation may continue depending on a variety of factors, such as the request of the complainant not to proceed and the risk posed to the any individual or the campus community by not proceeding.

Complainant confidentiality and university action

When a formal report comes forward, but the complainant wishes or requests to remain anonymous, or requests that the matter not be pursued, the university will balance and evaluate this request against the responsibility to provide a safe and non-discriminatory environment for all university community members, considering factors such as: 1) the seriousness of the alleged harassment; 2) the respective ages and positions of the complainant and the respondent; 3) whether there have been other harassment complaints against the respondent; and 4) the respondent's right to receive information if such information is maintained in an "education record" under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 C.F.R. Part 99.

At all times, the University will seek to respect the request of the complainant, and where it cannot the university will consult with the complainant and keep him/her informed about the planned course of action.

Investigation process

Delaware Valley University employs a two-step process for resolving student-to-student sexual misconduct complaints. The resolution process combines the expertise of individuals who by position and training are best suited to assume this responsibility for the university, maximizes the privacy of those involved in the complaint, and maintains the engagement of the University's Student Conduct Board, the body generally charged with resolving student conduct that violates university policy.

While each case is unique, steps of the investigation process generally include: 1) preliminary interview of the complainant by the CRT; 2) collection of additional information relevant to the report which may include, but is not limited to, interviewing the respondent and any other individuals who may have relevant information, and gathering any physical or medical evidence available. An investigation may also include consideration of prior allegations of, or findings of responsibility for, sexual harassment or misconduct by the respondent. Evidence of a prior consensual dating relationship or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual misconduct

Information gathered during the investigation will be used to evaluate the appropriate course of action, provide for the safety of the individual and the university campus community, and impose remedies as necessary to address the effects of the alleged conduct. The report and recommendations (redacted of personally identifiable information) prepared by the CRT is presented to a hearing panel from the Student Conduct Board for review and ratification in finalizing a determination of responsibility under this policy.

The CRT's report and recommendation, with personally identifiable information redacted, is forwarded to a Conduct Board panel, comprised of one member of the faculty, one student, and one member of the staff, for review and ratification. A member of the CRT represents the findings and recommendation of that group to the board.

What follows are specific procedural issues and protections relevant to the investigation under this section of the Sexual Misconduct Policy.

Rights of the complainants and respondents

Students participating in a Sexual Misconduct Policy investigation are afforded the same rights of fundamental fairness which are part of the University's Student Conduct process and include:

  • The right to have appropriate notice of concerns about specific behavior
  • The opportunity to be assisted by an advisor of their choice
  • The opportunity to respond to the concern
  • The opportunity to appeal the initial hearing outcome if grounds for appeal are met
  • The right to present witnesses in support of or response to matters of fact

Additional rights for all parties relevant to a Sexual Misconduct Policy investigation include:

  • Simultaneous written notice of the outcome of an investigation
  • Right to be informed of options for counseling and support
  • An investigation panel that is trained for the task and that has no prior relationship with either party that would render them impartial

Additional rights for complainants:

  • Right to be informed of options to notify law enforcement
  • Right to be notified of options for changing academic or living situation, or other remedies

Timeline

An investigation will be conducted promptly and come to conclusion within 60 days, although this time frame may be extended as necessary to achieve thorough and reliable gathering of the relevant facts. Throughout the investigation, the university will make a commitment to regular and timely communication with complainant and respondent on the progress of the investigation.

The University reserves the right to reasonably adapt the time frames or processes described in this policy in light of the nature of the complaint and the time of year during which it was received, to ensure a full and fair investigation and resolution, or due to other similar significant factors.

Standard of proof

Consistent with the Department of Education's Office for Civil Rights requirements, Delaware Valley University uses the standard of "preponderance of the evidence" to determine a student's responsibility for violations of our policies. This means that the Central Review Team will decide whether it is "more likely than not," that the behavior occurred and violated the policy, based upon the information provided through the course of the investigation.

Role of the advisor

An advisor is an individual who may assist a student in preparing for the investigation and who may accompany the party that he or she is assisting to the meeting(s) with the Central Review Team. Advisors are not advocates for the party they are assisting and their role is not to speak on behalf of a complainant or respondent during any meetings.

Students participating in a Sexual Misconduct Policy investigation are entitled to be assisted by an advisor of their choice during the process.

Students who intend to bring a practicing attorney as their advisor of choice are required to provide the CRT with notice of this intent in advance of any meeting(s). This will allow the CRT to inform other parties involved and to encourage all parties (including the University) to be assisted by the presence of such an advisor.

Witnesses

All parties in a hearing have the right to request that the CRT meet with witnesses who may have information that goes to the determination of facts in a case. Because all parties have the right to understand what information may be presented in a Sexual Misconduct Policy investigation, the names of any witnesses must be submitted to the Title IX Coordinator in advance of a meeting. Such communication should include: 1) The names of any witnesses that either party wishes the CRT to meet with; 2) a written statement and/or description of what each witness observed, if not already provided during investigation; or 3) a summary of why the information the witness has is relevant to making a determination of responsibility in the investigatory process.

The CRT will determine if the witnesses identified for inclusion have information relevant to the finding of facts in the case. Witnesses must have direct, credible information about the specific allegation. Generally speaking, personnel who respond to and are involved with any aspect of a complaint of sexual misconduct will not be permitted as witnesses, nor will confidential support providers (counseling/health services) for either party. Students may always introduce information about their own health or counseling records into the investigation process.

Training of investigative personnel

Members of the CRT have been identified for inclusion in that role by virtue of their positions and training. The CRT meets regularly to continually explore current issues related to prevention and response to sexual misconduct on university campuses, and to review emerging compliance mandates and guidelines.

The members of the CRT, chaired by the Title IX coordinator, provide training to other participants in the student conduct process on issues of non-discrimination, sexual harassment and misconduct, intimate partner violence, dynamics of gender violence, and the proper resolution of allegations under this policy. Ongoing training for the CRT and Conduct Board also includes, but it not limited to, burden of proof, standard of proof, questioning parties and witnesses, assessing credibility and relevance of information, evaluating consent, determining incapacitation, victim/offender behavior, and sanctioning.

Records and confidentiality

The report of the CRT is maintained with the Title IX Coordinator as a Sexual Misconduct Policy case file.

A copy of the outcome report will also become a part of the student's conduct file maintained in Campus Life for reviewing any subsequent behavioral violations and determining sanctions of same.

Student records are maintained for a period of three years after a student graduates or terminates from the university with the exception of records associated with a recommendation of suspension or expulsion which are maintained indefinitely.

Sexual Misconduct Policy case files constitute "educational records" under the Family Educational Rights and Privacy Act (FERPA) and are subject to its release and confidentiality provisions.

No information shall be released from such proceedings except as required or permitted by law and University policy.

Generally, the policy at Delaware Valley University is to obtain consent from a student before releasing information from a student's education record to parents. When in the judgment of the University a release of information to parents is appropriate for health and safety, and when such release is not in violation of FERPA or other applicable privacy laws, the university reserves the right to notify parents.

Students have a right to request a copy of their educational records and may do so through a written request to the Dean of Students or designee.

In situations where a victim chooses to pursue action through local law enforcement, the University will cooperate with the sharing of all information and records.

Notice of outcome

The outcome of an investigation will be communicated simultaneously to the respondent and the complainant. Generally, the outcome of the hearing will be final and communicated to the parties within five (5) business days from the date the investigation is concluded and will be provided in writing. Any changes as may occur through an appeals process will be similarly communicated to the respondent and complainant.

The investigation process outlined above may yield four levels of response: voluntary resolution; sanctions for individuals found responsible for sexual misconduct; remedies and accommodations for the victim; and any additional remedies for the university community.

Voluntary resolution among parties involved
This outcome may be employed if the Central Review Team determines that such an outcome between parties might be an appropriate response given the investigatory process. This outcome may include practices of restorative justice and dialogue. Because outcomes of such a resolution are mutually developed and agreed upon, there is no process of appeal for cases resolved in this manner.

Voluntary resolution or mediation is never an option in instances of sexual assault, domestic violence, or dating violence.

Outcomes and sanctions for those found responsible for violations
Those found responsible for violations of this policy are subject to a full range of actions including any civil or criminal charges which may accompany such acts.

The following outcomes and sanctions may be imposed upon any student found responsible for violations under this policy:

Education
Educational activities, programs or interventions

Warning
A notice in writing that institutional regulations have been violated.

Probation
A written reprimand in place for a designated period of time and noting the probability of more severe sanctions for subsequent violations during the period of probation. Probation may impose limits on students' participation in certain student programs and activities.

Restrictive Probation
Restrictions may include but not be limited to, for a designated period of time: loss of ability to hold office in any club or organization; restriction from participation in university programs (varsity athletics, or other co-curricular or academic programs); loss of access to facilities or equipment; housing restrictions or limitations. A student may lose his/her privileges or be subject to more severe disciplinary sanctions and/ or suspension if found in violation of any regulations during their restrictive probationary period, no matter how minor.

No Contact Order
Respondent instructed to have no contact with the victim through any means including: verbal, telephonic, electronic, written, or through third parties. This can be imposed by the University or a student(s) can request it, based on the circumstances of an incident.

Assessment
Professional evaluation or assessment of problematic behavior and appropriate treatment by a certified professional.

Suspension
Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

Expulsion
Permanent separation of the student from the University.

The determination of sanctions is based upon a number of factors, including: the harm suffered by the complainant; any ongoing risk to either the complainant or the community posed by respondent; the impact of the violation on the community, its members, or its property; any previous conduct violations; and any mitigating or aggravating circumstances.

Remedies and accommodations for the victim

The result of the investigation process may include actions to address and remediate the misconduct for the victim, such as:

  • No-contact directives
  • Changes in class schedules
  • Withdrawal from classes with no penalty
  • Changes in living arrangements
  • Change in work arrangements
  • Counseling or other supportive services
  • Medical services
  • Academic support services
  • Escort services to ensure safe movement on campus

Additional remedies for the University community

The investigative process may result in remedies for the campus community at large, in order to address the effects of the sexual misconduct. Such remedies may include but not be limited to:

  • Designating an individual specifically trained in providing trauma-informed services to victims and those affected by sexual assault to be available to meet with individuals;
  • Training or retraining university personnel on university's responsibilities to report and address allegations of sexual misconduct;
  • Developing information and educational materials related to sexual misconduct prevention and response that can be distributed to all students;
  • Conducting regular bystander education;
  • Issuing policy statements about the University's zero tolerance policy;
  • Conducting, in cooperation with student leaders, a campus "climate check" to assess the efficacy of prevention and response efforts;
  • Training for groups of particular students impacted by an incident -- if for example sexual violence created a hostile environment within a team, residence hall, or other student group; and
  • Informational (prevention, safety) emails to students after an event.

Appeals

Both parties involved in a Sexual Misconduct investigation have the right to appeal the findings and recommendations of the CRT. Appeals may be made based on the following grounds:

  • Procedures set forth in this policy were not followed
  • New information not available at the time of the resolution process has become available.

Appeals shall be made in writing, and delivered within five business days to the Vice President for Campus Life and Inclusive Excellence:

April Vari, D.Ed.
Vice President for Campus Life and Inclusive Excellence
Delaware Valley University
700 E. Butler Avenue
Doylestown, PA. 18901
april.vari@delval.edu
215.489.2413
Office: Student Center

If grounds exist, the appeal, which consists of a review of written case materials and files, will be considered by the Vice President for Campus Life and Inclusive Excellence and the Vice President for Academic Affairs within five (5) business days from receipt.

Results of the appeal will be communicated simultaneously, and in writing (via electronic mail) to both parties within five (5) business days from the date the appeal review concluded. Appeal decisions are final.

The University educates students about sexual misconduct through several means. New students are required to complete Sexual Assault Prevention© before matriculating. Sexual Assault Prevention© is an online Title IX and Campus SaVE Act education program that combines sexual assault and bystander intervention education.

Sexual Assault Prevention© is complemented by a required program that occurs during the fall orientation program. Currently, the required fall program is "Zero Shades of Gray" which addresses issues of consent, bystander intervention and supporting survivors of sexual assault.

All students annually receive a copy of the Sexual Misconduct Policy to continue these educational efforts. Additionally, all students receive a publication from Campus Life entitled: Delaware Valley University Support and Resource Guide for Sexual Misconduct.

During the course of each academic year, offices within the Division of Campus Life and Inclusive Excellence sponsor or co-sponsor at least one program each semester on matters related to sexual misconduct.

The Office of Public Safety conducts annual Clery Training for all Campus Security Authorities (CSA). Clery Act training includes but is not limited to sexual assault, domestic violence, dating violence and stalking. Additionally, Human Resources provides training on the University's Sexual Misconduct Policy and Title IX training annually for all employees and faculty of the University.

Additional training for the Title IX coordinator and deputy(ies), law enforcement, "responsible employees," members of the Student Conduct Board, and victim advocates is designed and implemented by the University's Central Review Team, which partners with community and government agencies and campus partners who have expertise and perspective on these issues.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses.

The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights, and was amended again in 1998 to expand the reporting requirements.

The Clery Act requires colleges and universities to:

  • Publish an Annual Security report (ASR);
  • Have a public crime log;
  • Disclose crime statistics for incidents that occur on campus, in unobstructed public areas immediately adjacent to or running through the campus, and at certain non-campus facilities;
  • Issue timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees (names of victim's are withheld as confidential);
  • Devise an emergency response, notification, and testing policy;
  • Compile and report fire data to the federal government and publish an annual fire safety report; and
  • Enact policies and procedures to handle reports of missing students.

The Campus Sexual Violence Elimination Act, or Campus SaVE Act (SaVE), is a 2013 amendment to the federal Jeanne Clery Act. SaVE was designed by advocates along with victims/survivors and championed by a bi-partisan coalition in Congress as a companion to Title IX that will help bolster the response to and prevention of sexual violence in higher education. President Obama signed the measure into law as part of the Violence Against Women Reauthorization Act of 2013 on March 7, 2013.

To increase transparency about the scope of sexual violence on campus, SaVE requires that colleges and universities guarantee victims enhanced rights, provide for standards in institutional conduct proceedings, and provide campus community-wide prevention educational programming.

The University, beginning with the 2013 calendar year, collects and reports statistics for domestic violence, dating violence and stalking (as defined by the Violence Against Women Act) occurring on-campus, on public property within and adjacent to campus, and at non-campus properties like off-campus student organization housing and remote classrooms. Institutions are already required to report sexual assault statistics.

The University's Annual Security Report is available on the University's website.

In accordance with regulations, the University collects statistics from a broad range of campus officials including Resident Advisors, Deans and athletic coaches, campus police or security, and local law enforcement. The law requires disclosures to protect the confidentiality of victims in these statistical disclosures as well as any public record keeping, to the extent provided by law.

The law requires that "campus security authorities" report crime statistics for inclusion in the University's Annual Security Report. "Campus security authorities" include, but are not limited to, officials of the University with significant responsibility for students or campus activities. CSA's are trained and assessed annually.

A crime will be considered "reported" when it is brought to the attention of a campus security authority by a victim, witness, or third party.

Campus Security Authority - The following are defined by the Jeanne Clery Act as Campus Security Authorities:

  • Campus Security/Police Departments
  • Individuals with Campus Security Responsibility - Any individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department, such as an individual who is responsible for monitoring entrance into institutional property.
  • Individuals Designated by the Campus - Any individual or organization specified in an institution's statement of campus security policy as one to which students and employees should report criminal offenses.
  • Officials with Significant Responsibility for Student and Campus Activities - An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting in those capacities. Examples of this category are: Deans of Students, Student Housing Officials, Students Discipline Officials, Students Judicial Affairs Officials, Officials who oversee a student center, Officials who oversee student extracurricular activities, Director of Athletics, Team Coaches and Faculty Advisors to student groups.

Responsible Employees

The University is on notice that an act of sexual misconduct has occurred if a responsible employee knew or should have known about the behavior. Responsible Employees are required to act on a specific report, which means they have an obligation to report the specifics of an incident to the Title IX coordinator, for review and investigation (section X).

Responsible employees are those employees who: have authority to take action to redress sexual misconduct; who have been given the duty of reporting incidents of sexual misconduct to the Title IX coordinator; or whom a student could reasonably believe has the authority or duty to redress the sexual misconduct.

At Delaware Valley University the following personnel are identified as "responsible employees"

  • Presidents and vice presidents of the university
  • Associate and assistant vice presidents, Deans (and associates and assistant deans)
  • Directors and associate or assistant directors
  • Coaches and assistant coaches of athletic teams
  • Administrators with supervisory responsibilities (directors, work-study supervisors)
  • Public Safety
  • Human Resources
  • Residence Life professional staff
  • Resident Assistants (RA's)
  • Student Involvement professional staff

When a report is made to a responsible employee, a victim has the right to expect that the University will take timely and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. It is the obligation of a responsible employee to make a report to the Title IX Coordinator or deputy, outlining the details shared by the victim.

Responsible employees are trained annually by the CRT on Title IX, reporting procedures and expectations, the University's policy generally, and strategies for sensitively responding to those who come forward with complaints.

Prohibited relationships

A romantic or consensual sexual relationship between a faculty member and a student currently enrolled in his/her class is not permitted. Faculty and/or staff members may not supervise students, employees or University community members with whom they have a romantic or sexual relationship. If such a relationship exists, it is a conflict of interest and arrangements must be made to ensure a faculty/student or supervisor/employee reporting relationship does not occur.

Child protection policies

While any individual may, and is encouraged to, report child abuse whenever and wherever it occurs, all employees, students who work or volunteer with individuals under the age of 18, consultants, sub-contractors, adjunct faculty, volunteers, or those affiliated in any way with Delaware Valley University are required to make a report whenever the person has reasonable cause to suspect that a child under the age of 18 is a victim of child abuse.

University employees, students, volunteers, and/or outside contractors who suspect child abuse shall immediately notify the individual's supervisor unless the alleged perpetrator is the individual's supervisor. If an employee, student, volunteer, or outside contractor does not know to whom a report should be made, the individual should report the alleged abuse to the Delaware Valley University Human Resources Department at 215.489.2346. Upon notification, the supervisor or Human Resources shall report the suspected child abuse.

The obligation to report suspected child abuse to a supervisor is in addition to the requirement for reporting to the local police and the Department of Public Welfare. The complete policy and expectations of Delaware Valley University in this regard can be found on the Human Resources site of the University portal.

Below is a comprehensive listing of all resources, offices and contact information referenced in this policy.

Emergency assistance and response

  • Department of Public Safety – Delaware Valley University
    Phone number: 215.489.4444
  • Doylestown Hospital Emergency Services
    595 West State Street
    Doylestown, PA. 18901
    Phone number: 215.345.2586
  • Central Bucks Regional Police Department
    Non-emergency line: 215.345.4143
  • Doylestown Township Police Department
    Non-emergency line: 215.348.4201

In the event of an emergency where seconds count, dial 911.

Confidential support – on and off campus:

  • Counseling Services (on-campus) in Elson Hall
    Phone number: 215.489.2317
    After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444
  • Health Services (on-campus) in Elson Hall
    Phone number: 215.489.2252
    After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444
  • Network of Victim Assistance (NOVA) – off campus
    24-Hour Phone Number: 800.675.6900
    A victim advocate can accompany a student to the hospital or health provider
  • A Woman's Place – off campus
    Phone number: 800.220.8116

Formal reporting to the University

  • Title IX Coordinator
    Tim Poirier
    Dean of Students
    timothy.poirier@delval.edu
    215.489.2215
    Student Center
  • Director of Public Safety
    Cynthia Transue
    cynthia.transue@delval.edu
    215.489.4444
    Department of Public Safety Office - Welcome Center

Reporting to local law enforcement

  • Central Bucks Regional Police Department
    Non-emergency line: 215.345.4143
  • Doylestown Township Police Department
    Non-emergency line: 215.348.4201
  • Emergency assistance: Dial 911

Policy questions​

General questions regarding these regulations and policies or student complaints of student-to-student discrimination or harassment may be referred to:

April Vari, D.Ed.
Vice President for Campus Life and Inclusive Excellence
215.489.2250
Office location: Second floor, Student Center

Questions specifically regarding Title IX or sexual harassment or violence may be referred to the following official who has been designated by the University to serve as the Title IX Coordinator:

Tim Poirier
Dean of Student Development
timothy.poirier@delval.edu
215.489.2215
Student Center

Inquiries regarding Title IX may also be referred to the Office for Civil Rights of the U.S. Department of Education at the following address:

Philadelphia Office
Office for Civil Rights
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: 215-656-8541
FAX: 215-656-8605
TDD: 215-656-8604
e-mail: OCR_Philadelphia@ed.gov

RESIDENCE HALL POLICIES

A safe and welcoming environment that supports students’ academic success and fosters personal achievement is the goal of the residential experience at Delaware Valley University. All students play an active role in their resident.

 

  1. Noise
    All members of the Delaware Valley University community are expected to respect the rights of students to live in a community environment that is free from excessive noise, enabling community members to pursue academic success. Although it is reasonable to expect that some campus events and/or activities will produce noise, the noise should be appropriate for the time, location and circumstances. It is the responsibility of community members to regulate their behavior and conduct themselves in a manner that provides an environment conducive to academic success. Any community members who object to the time, place, and/or level of noise in the community have the right to request that the noise level be lowered. When community members cannot come to agreement on an acceptable level of noise, the appropriate response is to ask either a Resident Assistant for assistance in mediating the situation, or to contact Public Safety for assistance.
     
  2. Visitation and Guests

    *Guest(s) refer to non-student(s).

    Students may host other students and guests in their rooms at any time. Before hosting, roommates are to establish agreed upon expectations for hosting other students and guests. The desire for privacy by one roommate takes precedence over the desire for room visitors by the other roommate. All visitors, other students or guests, are expected to adhere to the Community Standards of the University. Students are responsible for the actions of their guests at all times.

    Due to size, residence halls are not equipped living accommodations for anyone who is not assigned to a room by the Residence Life Office. Therefore, students may host a maximum of two guests at any one time. Staff will follow up with any student who is deemed to be providing living quarters for someone who is not assigned to that room.

    Guests who visit the residence halls any night between 10 pm and 8 am must register at the Welcome Center. Registered guests must be at least 17 years of age (16 if they are a prospective student) and have a valid form of photo ID. An official university guest pass will be given to each registered guest to give to the residential staff.Guests who are under 17 years of age and are family relations to a student may register as an overnight guest only if accompanied by a parent or legal guardian at all times. The parent/guardian must also be registered as an overnight guest.
    Vandalism
    Destruction or damage of University or other students’ property and/or activities that require excessive cleaning is unacceptable in the community. Responsible students will be accountable include but not limited to repair, replacement and/or excessive cleaning costs. When responsible students cannot be identified, the floor/building community may be held accountable.

  3. Propping and Forcible Opening of Doors
    Due to comprising the safety of the hall community, propping and forcible opening of residence hall doors is prohibited at all times. Responsible students will be held accountable, including but not limited to repair/replacement costs. A student who is locked out of a residence hall may contact the Office of Public Safety and Security to gain entry. The Office of Public Safety and Security can assist students with malfunctioning or replacing lost student ID cards.
     
  4. Smoking
    For fire safety reasons, smoking is not permitted in any residence hall at any time, including students’ rooms, lounges, bathrooms or other common areas. This includes the use of E-cigarettes, vaporizers or any other smoking device. Smoking outside of a residence hall is prohibited within 15 feet of any door or window. It is expected that smoking be conducted in a courteous fashion that respects the community and living space of other students. This includes disposing of all smoking waste (butts, ashes, matches, and packaging) in the appropriate containers provided.
     
  5. Smokeless Tobacco 
    In the residence halls, students may use smokeless tobacco products. Makeshift spittoons (dip/spit cups) must be disposed of properly in sealed containers.

Delaware Valley University is committed to providing access to education and to provide reasonable accommodations to students with disabilities who have a medically documented need. A reasonable accommodation is an exception to the usual rules, policies, practices or services a student with a disability may need to have equal opportunity to benefit from educational programs and services.

The University will evaluate requests for an exception to the current pet policy for students seeking to be accompanied in their residential setting by an Emotional Support Animal (ESA) as a reasonable and appropriate accommodation for a documented mental health disability. The ESA will be considered when the student has provided appropriate medical documentation accompanying a request for an ESA as an accommodation and when there is an identifiable relationship or nexus between the student’s disability and the assistance that the animal provides.

This policy is an agreement between the University and the student that places significant responsibility on the animal owner to humanely care for their ESA while causing no disturbance, harm or damage to the community or facility.

The University reserves the right to restrict certain animals by type in accordance with public health alerts that may be issued.

REASON FOR POLICY

The University regulates the presence of animals in residence halls as a matter of established policy which limits acceptable animals in residence to fish/aquatic animals in tanks up to 10 gallons, and small caged animals approved through participation in a special interest program. However, the US Department of Housing and Urban Development obligates housing providers to provide reasonable accommodation for any assistance animal, including emotional support animals, under the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973. While this obligation also includes regulation by the Americans with Disabilities Act (ADA), ESA’s are explicitly not covered under the ADA.

SCOPE

This policy applies to students that reside in University Housing and who make a request for an emotional support animal in residence.

DEFINITIONS

Disability: The Fair Housing Act defines disability as a physical or mental impairment that substantially limits one or more major life activities. Under this definition, an impairment is a disability if it substantially limits the ability of the person to perform a major life activity as compared to the average person in the general population without a disability.

Emotional Support Animal: An Emotional Support Animal (ESA) is an animal that provides emotional support for the benefit of an individual with a documented disability and which alleviates the functional effects of that disability. To qualify, the animal must be necessary as a component of a treatment plan to afford a student with a mental health disability an equal opportunity to use and enjoy a residence hall room or campus dwelling.

PROCEDURES FOR REQUESTING AN EMOTIONAL SUPPORT ANIMAL IN HOUSING

To request an ESA in student housing, students must submit the following materials:

  • A completed Request for Disability Accommodation Form, including:
    • All student-completed sections pertaining to requests for ESA’s
    • A signed consent for release of information which allows a University representative to correspond with the treating medical professional about the documentation accompanying the request. This is optional; however not providing it may result in the request being denied if the documentation provided by the clinician is not sufficient for review and evaluation
    • A personal statement which describes how the animal mitigates a limitation of a major life function resulting from the disability
    • Details on the specific animal being requested
    • Details on the student’s plan for care of the animal
  • Documentation of the disability-related need for the support animal, submitted by a qualified treating medical professional. Such documentation will follow the requirements outlined in the Request for Disability Accommodation form Appendix C.

Submit the request and accompanying materials in person, by fax, email, or by mail to:

  • Learning Support Services
    Delaware Valley University
    700 E. Butler Avenue
    Doylestown, PA. 18901
    Fax: 215.489.4804
    Email: sharon.malka@delval.edu

Materials for submission of disability documentation are available at http://www.delval.edu/disabilities.

Upon submission of request materials and verification of a disability, a student making a request will be invited into an individualized and interactive conversation about the request and the student’s circumstances to determine if the request for an ESA constitutes a reasonable accommodation.

DETERMINATION OF REASONABLE ACCOMMODATION FOR EMOTIONAL SUPPORT ANIMALS

Living in campus housing offers a unique experience as part of life on a university campus. Due to the nature of housing in campus residence halls and apartments, students share rooms and living spaces of various types and sizes. Delaware Valley University, through the housing office does not limit residents to specific room or building assignments due to a disability-related need for an ESA.

All requests are given consideration on an interactive case-by-case basis to afford individualized attention. Disability documentation is confidentially evaluated by Learning Support Services staff. Subsequent to evaluation establishing a disability, staff from Residence Life may be involved with Learning Support Services to determine if the ESA is a reasonable accommodation.

The University reserves the right to assess living situations as a part of the determination of reasonable accommodation. To ensure that the presence of an animal will not place undue burden on other residents or fundamentally alter the housing program, Delaware Valley University, in consultation with the resident and other parties as necessary, may consider criteria below in determining whether the request is reasonable:

  1. Whether the presence of the animal would infringe upon another resident’s ability to use and enjoy their housing space (e.g., allergies, fear or anxiety around animals, etc.)
  2. Whether the available and/or assigned housing space is appropriate for the animal given type, size, breed, and requirements for exercise and space.

EXPECTATIONS ASSOCIATED WITH APPROVED EMOTIONAL SUPPORT ANIMALS

ESAs are considered as an accommodation to permit students with disabilities the full enjoyment of the residential and housing experience. As such, ESA’s are not afforded the same access to campus and public facilities as service animals under the ADA.

ESA’s, as housing accommodations, occupy a residential space with their student except for the animal’s bodily needs such as for elimination.

Residents with approved ESAs must accept an Agreement of Expectations for maintaining an approved support animal within the residential community prior to having their animal on campus. The Agreement covers minimum standards and expectations for conduct and cleanliness and is intended to be consistent with the University’s Policy on Animals on Campus. The University does not allow a grace period for the training of an ESA in residence to meet minimum conduct standards.

The University may require, and reserves the right, to remove a support animal at any point in time if the Agreement has been breached.

Student Housing will not require a resident to pay an extra fee for an approved support animal other than in cases in which the animal creates harm to the physical facilities beyond normal wear and tear.

ESA approvals are made for a specified term or academic year and must be annually updated.

APPEAL AND GRIEVANCE PROCEDURE

A student who feels they have been unreasonably denied a request for an ESA must pursue their grievance through the established University grievance process. The process outlines a pathway for informal and formal resolution procedures.

A student with a concern about discrimination surrounding their request for an ESA may file a complaint with the Department of Housing and Urban Development. This complaint must be filed with HUD within one year of the alleged denial. To file a complaint:

  • Call 1.800.669.9777 or TTY 1.800.927.9275; or
  • Complete the online complaint form on the HUD internet site: http://www.hud.gov; or
  • Mail a completed complaint form or letter to:
    • Office of Fair Housing and Equal Opportunity
      Department of Housing and Urban Development
      451 Seventh Street, S.W. Room 5204
      Washington, D.C. 20410-2000

Concerns or incidents involving the behavior, safety, welfare or unauthorized presence of Emotional Support Animals should be reported to the Department of Public Safety. These concerns may be brought to an appropriate review committee, based on the concern, for consideration and response. This committee has the authority to require mediation or referrals to student conduct.

AGREEMENT OF EXPECTATIONS FOR ANIMAL OWNERS/HANDLERS

Delaware Valley University recognizes that ESA’s can play a substantial role in therapy and treatment of students with documented mental health disabilities. The University is also a leader in the offering of academic programs in the animal sciences and as such, has heightened sensitivity to and expectations for the humane treatment of animals. The agreement below outlines what is expected of ESA owners on campus.

Any student who is approved for an Emotional Support Animal (ESA) will be required to meet with a designated Housing/Residence Life staff member to review and agree to the following requirements. Inability to follow these expectations may result in the University’s request for removal of the animal from housing.

  1. Student agrees to abide by local and state ordinances pertaining to licensing and rabies vaccination of animals and must be prepared to demonstrate this knowledge and provide evidence of compliance. Cats and dogs must be spayed or neutered and current on vaccinations appropriate for the species and in documented good health. Student agrees to adhere to care plan as submitted in accordance with the application for an ESA.
  2. Unlike a service animal, ESA’s are not granted access to places of public accommodation; the animal’s presence is restricted to the student’s room except for the animal’s need for exercise and natural relief. When outside of the room for such reasons, the animal must be under the control of the owner using a carrier or physical leash.
  3. Student is required to clean up after and properly dispose of animal waste in a safe and sanitary manner including appropriate disinfection.
  4. Animal bedding cannot be laundered in common residence hall laundry units.
  5. If the ESA is a dog, it must be housebroken, and cats must be litter box trained. All animals must be crated during times the student is absent from the room.
  6. Student is financially responsible for all actions of the animal including but not limited to physical damage beyond normal wear, bodily injury or infestation. A student’s living accommodation must be kept clean with no odors from the animal disruptive to others. The student’s living accommodation may be inspected for fleas, ticks or other pests associated with the animal and if detected, the student is responsible for the remediation.
  7. Student is responsible for appropriate management of the animal. Disruptive (excessive noise) and aggressive behavior from the animal cannot be permitted and cannot disrupt normal residence hall operations. The University reserves the right to require the animal to be removed from housing.
  8. An ESA may not be left alone overnight in University housing to be cared for by another student. The ESA may not be housed in another student’s living accommodation. If the student/owner is gone overnight or for an extended period, the ESA must accompany the student.
  9. If it becomes necessary to remove the animal from housing for failure to meet terms of this agreement, the student is obligated to fulfill the terms of the housing contract for the remainder of the contract term.
  10. The ESA is permitted in University housing for the duration necessary as indicated by the treating clinician. The student will submit an annual renewal form and clinician updates for permission to have an ESA that is connected to the annual room selection process.
  11. Residence life, facilities and public safety personnel may enter student rooms, without prior notice, as needed for maintenance, repairs, in the case of emergencies or policy violations, and for fire drill and health and safety inspections during hall closings. Animals are expected to be secured when the resident is not in the room for the animal’s safety and the safety of staff or emergency personnel.
  12. In the case of an emergency, the University is not responsible for evacuating the animal nor for permitting an owner access to their residence to retrieve an animal in an emergency, such as a building fire.

Agreement between the ESA owner and Delaware Valley University

I have read and understand my responsibilities as an Emotional Support Animal (ESA) owner as outlined above. Should I fail in my responsibilities, I understand that my approved accommodation may be suspended, and/or I may be charged with a violation of student conduct policies.

 

  1. Housing Agreements
    Prior to residing in University housing, each student signs a Housing Agreement. This document serves as a binding agreement between the student and the University pertaining to the terms of residing on campus. Housing Agreements are effective from the moment they are signed until the completion of the applicable academic year.

    Graduating Senior Exception:
    A student may request to reside in on-campus housing while enrolled in less than a minimum full-time course load (not less than 6 credits) provided the student is enrolled in the final semester of the program of study and the Registrar certifies the student is carrying (for credit) all remaining courses necessary to complete degree requirements. Requests are reviewed on a case-by-case basis. This exception does not apply to policies on student financial aid or scholarships; students should contact the Financial Aid Office prior to submitting this request to evaluate the financial impact of carrying less than a minimum full-time course load.

    Should a student break the signed agreement by withdrawing from campus housing prior to the completion of the academic year, a Housing Agreement Termination Fee will be applied using the following fee schedule: between signing of the agreement and June 1 – $300.00 fee; after June 1 until the end of the applicable academic year – $600.00 fee. Students who move off campus during a term will not be granted a room refund once 60% of the term has been completed.

    *This fee does not apply to students graduating, transferring, withdrawing from the university, taking a leave of absence, student teaching, or working at an internship approved by the appropriate department and related to their academic program.
     

  2. Room Assignments
    In order to reside in on campus housing, students are to maintain full-time undergraduate status each semester as defined by the Registrar’s Office. Any exceptions to this policy are at the discretion of the Residence Life Office.

    Room and board charges cover a period of thirty (30) weeks during each University year. When a student requests a room, the reservation is considered to be for a complete academic year, and the student will be billed accordingly. Each student is assigned an individual bed space in a residence hall room and should only occupy that space. Students can anticipate all bed spaces being assigned in their designated residence hall rooms. Additionally, students are to use the room to which they are assigned as their primary residence and sleeping quarters on campus. Students who sleep/stay in other students’ rooms on campus excessively will be considered making an unauthorized room change.
     

  3. Housing Accommodations for Medical and Mental Disabilities
    Any student in need of special housing accommodations based on a specific medical or mental health condition must submit a formal request to Learning Support Services. All requests must be submitted using the official request form, which can be found at www.delval.edu/disabilities. All request forms must be completed by a treating medical professional. The documentation will be reviewed and the student will be notified of approval status.
     
  4. Room Changes
    To request to change a room assignment, students must first submit a Room Change Request form. No students are permitted to change rooms until the request is approved. Changing rooms without approval may result in conduct follow up.

    *In suite style housing, students are assigned to a specific bedroom and are to follow the same Room Change process even to change bedrooms within the suite.
     

  5. Room Re-Assignment
    The University reserves the authority to change a student’s housing assignment at its discretion.
     
  6. Room Keys
    Each student is issued a numbered key for his/her assigned residence hall room. For safety purposes, residence hall room keys may not be duplicated or loaned to another student or individual. If a residence hall room key is lost, the University locksmith will replace the lock and issue new keys. The student is responsible for the replacement costs.

    *A student locked out of his/her room may contact residential staff or the Office of Public Safety and Security at x4444; a student locked out will be given access to his/her assigned residential room only.

    Each student is to return his/her assigned key during checkout procedures from the residence hall room. Should a student fail to return the assigned key within 48 hours of checking out, the lock will be replaced and the student will be responsible for the replacement costs.
     

  7. Check-In/Check-Out
    Each student is responsible for completing a Room Condition Report (RCR) online upon move-in. The form is used to note the condition of the room, including walls, furniture, flooring and common areas. Students should report immediate concerns to residential staff to have the concerns addressed. Having a completed form on file from each student is helpful as staff will refer to the completed RCR at the end of the year when completing room inspections.

    Upon check out, the residence hall room is to be in the same condition as when the student moved in. Each student is responsible for removing all personal belongings and cleaning the room and its contents, including the microfridge. Once this process is completed, each student will return the room key during check-out procedures. Should a student not uphold these expectations, the student may be subject to appropriate cleaning and/or repair/replacement fees.

    Please note, should a student withdraw from University housing, all check-out expectations still apply. Any personal property not removed within the designated timeline determined by the University may be disposed of by the University at its discretion.
     

  8. Damage Assessment
    Each student is responsible for the care and cleanliness of the assigned room, as well as, the common and public spaces in the respective residence hall. Professional staff will complete final inspections of all residence halls at the conclusion of the final hall closing for the academic year.

    Staff will reference the Room Condition Report completed by each student at move-in to determine applicable damage/replacement and cleaning fees. Applicable fees will be added to student accounts and notice of fees will be communicated to students. Students are offered an opportunity to appeal applied fees.
     

  9. Room Maintenance
    Should a student have a facilities issue with the residence hall room, the student should communicate the concern to a Resident Assistant, the Residence Life Office, or directly to the Maintenance Department at x2228. For facility emergencies (water leaks/floods, smoke, fire, sparks, etc.), contact the Public Safety and Security Office at x4444.
     
  10. Semester Break Housing
    Residence halls are closed to students during vacation periods such as Thanksgiving break, winter break, and spring break. Students who need to stay on campus over the breaks for university-related reasons must request to stay on campus and receive approval from the Residence Life Office.
     
  11. Summer Housing
    Students may reside on campus for the summer if they are working on campus, taking summer courses on campus, or working an off-campus position approved by the Center for Student Professional Development for the Experience 360 program. Additionally, students may only reside on campus for the summer if they are registered for housing for the following fall semester.

 

  1. Personal Property/Liability
    Each student is responsible for his/her personal belongings and is strongly encouraged to lock the door to the residence hall room and/or suite at all times for security of belongings and safety of the student. Should a student have a concern about missing items, the matter may be reported to the Public Safety and Security Office, located in the Welcome Center. Additionally, each student is advised to insure personal belongings as the University is not responsible for the loss or damage of any person’s property for any reason and does not insure any personal belongings against any type of damage or theft.
     
  2. Prohibited Items
    For the safety of each student and the community, the following items are not permitted in the residence halls:

    Any cooking or heating appliance with a hot plate or exposed coil
    Air conditioners not supplied by the University
    Grills and associated items, including charcoal, lighter fluid, propane gas or other flammable substances
    Weapons, firearms, ammunition, or any other dangerous projectiles (including BB & pellet guns)
    Water beds
    Power strips and extension cords other than “Fire Shield” and “Woods” brand products
    Any flammable or incendiary material including candles, incense, fireworks, or explosives
    Halogen or heating lamps
    Cut plants, such as natural Christmas trees and wreaths, live potted trees, and hay bales
    Battery-operated personal transport devices and/or their batteries, such as “hoverboards” or powered scooters (effective January 15, 2016)
     

  3. Microwave Ovens and Refrigerators
    Microwave Ovens – Students are not permitted personal microwave ovens in residence hall rooms. Students who desire a microwave oven in a residence hall room are required to rent or purchase a combination microwave/refrigerator unit (MicroFridge) through the approved third-party vendor, Campus Specialties, Inc. www.mymicrofridge.com

    Refrigerators – Students are permitted one (1) personal refrigerator per residence hall room, including any MicroFridge units obtained through the approved third-party vendor. Personal refrigerators may be no larger than 3.1 cubic feet capacity. Rooms occupied by 3 or more students are permitted two (2) personal refrigerators per room, including MicroFridge units.
     

  4. Pets
    Each student is permitted to care for non-venomous, fully-aquatic (unable to survive outside of an underwater environment) animals in the residence halls. Aquatic environments may not exceed a total of 10 gallons of water in one or two aquariums per residence hall room. All other pets are not permitted to enter/visit any of the residence halls for any reason.

    *There are designated pet-friendly floors/residence halls. These communities contain separate guidelines that can be viewed online through the Residence Life page of MyDelVal.
     

  5. Room Modification
    Each student is encouraged to arrange and decorate his/her room to create the most comfortable environment. Students are encouraged to keep in mind when decorating to avoid using materials that may cause damage to the room. For safety reasons, students are asked to remember the following:

    Artificial plants (such as holiday trees) may be no more than 4 feet in height and labeled by the manufacturer as being constructed out of fire-resistant materials.
    Window screens may not be removed from windows for any reason. Additionally, students may not use windows as entry points to their rooms or residence halls.
    University furniture is not to be removed from lounges, computer rooms, or student rooms for any reason.
    Dismantling of University furniture is not allowed.
    Each bedroom is an individual assignment and must retain the occupants and originally as- signed sets of furniture. In suite style housing, students may not reorganize the suite by turning one of the bedrooms into a “living room” or by turning the common room into a bedroom.
    With the exception of University provided furniture, lofts and bed risers higher than 6 inches are not permitted in the residence halls. Bed risers may not be makeshift or homemade (i.e., cinder blocks lumber etc.).

    Students are welcome to add additional seating in their residence hall rooms. For fire safety reasons, there are guidelines around the number and size of furniture pieces permitted. Students may have furniture pieces with a maximum combined seating capacity of 3 people. Room furniture is to be arranged in a way that does not block access to and from the room, as well as, does not impede the door from opening and closing.

    *Centennial Hall 6-person suites may have furniture pieces with a maximum combined seating capacity of 3 people in the living/common room in addition to the furniture that is provided by the University.
     

  6. Storage
    Students may leave personal belongings in their rooms during Thanksgiving, winter, and spring breaks. Outside of these designated breaks, students are responsible to remove their belongings. The University does not provide storage for student belongings.

1.Entry of Room by University Personnel

Delaware Valley University is dedicated to preserving students’ rights to study, to reflect, to have quiet, and to rest in their rooms. However, the University maintains the authority to enter and inspect any student’s room at any time.

Staff members from Campus Life and the Public Safety and Security Department are authorized to enter a student’s room for reasons including, but not limited to, potential emergency situations, investigation or enforcement of University policy, determining occupancy, inspecting for health and safety reasons, and for routine inspections. The Maintenance Department is authorized to enter a student’s room to provide for maintenance, make repairs, or for facility emergency situations.

Every effort is made to ensure that the personal belongings of students are not disturbed unless deemed necessary by the staff members involved in the situation.

University staff members are authorized to enter rooms with law enforcement officials to determine whether a violation of the federal, state, or local law has occurred. Any information gathered from this entry may be used in University disciplinary proceedings.

2.Health and Safety Checks
For community safety and residence hall security purposes, Residence Life staff members perform Health and Safety Checks of every occupied residence hall room at specified times during the academic year. These checks typically occur during residence hall closings. Staff members will complete the checks in pairs. A copy of the completed Health and Safety form is left in every room once the check is completed. Residence Life staff will follow up with any students where concerns were noted.

3.ID Cards
Students are expected to carry a University-issued ID card at all times. Student ID cards must be presented when requested by a University official. Students may obtain a replacement for a lost or damaged ID card from the Public Safety and Security Office, located in the Welcome Center, and the student will be responsible for any fee associated with the replacement.

4.Fire Safety
Tampering with fire detection equipment, fire alarms, fire extinguishers, or setting off a false fire alarm are serious community safety concerns and are designated as a Type I violation in the Student Code of Conduct. Any violation of the Fire Safety policy compromises the safety of all residents, and as such are more likely than not to result in a student’s separation from the University.

Each residence hall room is equipped with a smoke detector. For the safety of the community, students are not permitted to remove the batteries from the smoke detector. If the smoke detector in a student’s room signals a need for new batteries, students should report the matter to residential staff or contact the Maintenance Department at x2228. With the sole exception of lighting cigarettes outside of the residence halls, unauthorized fire in or around the residence halls is prohibited.

5.Fire Drills and Procedures
Fire drills must be conducted for all residence halls at least once per semester. When a fire alarm sounds, all individuals of the building are expected to leave the building using the nearest exit as quickly as possible. To ensure safety and to account for each resident, it is required that once outside the building residents of each residence hall regroup in these areas:

  • Barness, Cooke, and Ulman Halls: Meet in Levin Dining Hall.
  • Berkowitz, Goldman, Samuel, and South Halls: Meet in the Work Gym lobby.
  • Centennial and Work Halls: Meet in the Life Sciences Building lobby

Students may only return to the building when a university official gives the notice that it is safe to do so.

*During inclement weather, it is recommended that students wait inside another building (such as the gym or the Student Center) until a University official has indicated students can return to the building.

 

Statement of Policy

Delaware Valley University prohibits animals from college-controlled buildings, except for those animals that are specifically approved as per this policy. In addition, while on college-controlled property, animals must be attended and restrained at all times, and may be on campus for short recreational periods only.

Reason for Policy

The University wishes to uphold federal, state, and local laws and regulations; ensure the health and safety of its community, including its legitimately resident animals; preserve the integrity of its grounds, buildings, and other property; and support a healthful educational environment that respects the rights of individuals.

Policy

The University prohibits individuals from bringing dogs or other animals inside any college-controlled buildings, except for those animals that are approved as exempt from this policy (see complete policy for definitions of approved animals). In addition, while on college-controlled property, animals must be attended and restrained at all times and waste removal shall be enforced. Animals shall not be permitted in areas where prohibited by official signs or notice. Animals may not be kept on campus for extended periods of time, and may only be on campus for short recreational or visiting purposes.

Animals, both running free and brought to campus, pose a significant liability risk to the college and its community members. This policy standardizes the college’s position on the management of animals. Animals can pose a threat to the health and safety of the campus community, as well as to a healthful educational environment (through allergy, excessive noise, animal bites, and disease transmission via fleas, ticks, parasites, viruses, bacteria, etc.). Individuals with disabilities are at particular risk. For instance, dogs running freely pose a particular hazard to individuals using service animals.

Animals on campus can be very destructive, causing damage to grounds, buildings, and property. This policy applies to all college-controlled grounds and spaces. This includes, but is not limited to, residence halls, living units, academic buildings, administrative offices, outdoor spaces on campus, and off-campus locations controlled by the college.

Note: Individual entities may have more restrictive policies which apply only to their areas and/or for special events. This policy applies to all animals, unless specifically approved herein (see the "Approved Animals" segment of this document, below).

Definitions

Attended and Restrained – In the immediate vicinity of an owner, and either on a leash of six feet or shorter, in a cage, or, in the case of a certified Service Animal, voice-controlled, To be considered attended, an animal may not be left fastened to a stationary object. Research and Teaching Animals – Animals that are officially part of DelVal’s teaching, research, and/or clinical programs.

Service Animal – A guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

University Controlled Property – Property that is owned, operated, or maintained by the College.

Approved Pets and Other Animals

The following animals are permitted on college-controlled property:

  • service animals while performing their duties (owners must properly dispose of their service animals’ waste);
  • research, clinical, and teaching animals (used directly in support of the college's missions of research and teaching);
  • animals-in-training participating in DelVal approved programs;
  • Pets in residence hall in accordance with the DelVal Student handbook.
  • On-duty police dogs;
  • Animals which reside with employees of the college living in DelVal owned properties.

In addition, exemptions may be granted for events involving animals. To be granted such an exemption, an individual must make a specific request through the Institutional Animal Care and Use Committee (IACUC) at least 3 weeks prior to the activity—see final section of the Policy for procedure of notification.

Failure to Comply

Violation of these regulations may result in administrative and/or disciplinary action to the owner.

Unattended or Unrestrained Animals

When a member of the college community observes or becomes aware of an unrestrained or unattended animal, a reasonable attempt will be made to locate the animal's owner. If the owner is located, compliance with college policy shall be requested. When appropriate, other measures, including disciplinary or administrative action may be invoked. If attempts to find the animal's owner are unsuccessful, the Department of Public Safety and Security will contact the Bucks County SPCA at 215.794.7425 to remove the animal from university property.

Procedures

For Immediate Assistance - Where there is clear and immediate danger to person or property, contact the Department of Public Safety at Security at 215.489.4444 (or 4444 from a campus telephone).

To Report a Violation - To report an animal that is loose or unattended or to report an animal bite, contact the Department of Public Safety and Security at 215.489.4444.

Persons bringing non-approved animals inside a college controlled building or into a posted prohibited area should be asked to remove the animal from that location. If they refuse to do so, contact the Department of Public Safety and Security at 215.489.4444

Institutional Animal Care and Use Committee (IACUC)

Notification of animal activity for a class or other activity to the DVU Institutional Animal Care and Use Committee (IACUC) shall be made at least 3 weeks prior to the activity. This notification should be to the chair (Dr. Kathryn Ponnock), secretary (Ms. Rebecca Hughes) or attending veterinarian (Dr. Pamela Reed) of the committee. The person receiving notification will notify the other two upon receipt of this notification. A brief description of the animal use, the sponsoring faculty/staff member, the sponsoring class/group and the dates of the use should be included in the notification.

The chair of the IACUC will decide and/or consult with other IACUC members (if necessary) to decide if the use constitutes need for a protocol and full review by the IACUC. They will then inform the person notifying the IACUC about the animal use as to this decision and advise them about procedures for submitting protocols for review by the IACUC if necessary. This shall take place within 2 business days of the original notification so that the faculty member/group sponsoring the activity has sufficient time before the event for approval (IACUC review and approval takes a minimum of 2 weeks). The IACUC is responsible for monitoring animal use on this campus to make sure we are compliant with the laws because our small animal lab is a USDA licensed facility. Therefore the IACUC needs to be notified about all animal use on this campus, including use of legitimately resident animals.

The attending veterinarian of the small animal facility may address concerns to the sponsoring faculty member or group regarding health of visiting animals and impact on animals legitimately residing on campus. These concerns will need to be addressed before the activity can be approved.

The IACUC sends out biannual surveys to faculty about animal use in classes and research. If the use is ongoing and either has 1) active protocols approved by the IACUC or 2) been deemed exempt from reviewed protocols and the faculty member has responded to these surveys, notification about each separate incident of animal use is not necessary.

Pennsylvania law clearly states that:

  • It is illegal for any person under 21 years of age to possess, attempt to purchase, consume, or transport any alcoholic beverages within Pennsylvania.
  • It is illegal for any person to sell or give alcoholic beverages of any kind to a person who is under 21 years of age.
  • It is illegal for any person to misrepresent his or her own age or the age of any other person to obtain alcoholic beverages.

The University is not responsible for enforcing the laws of Pennsylvania but fully and openly cooperates with local, state, and federal authorities in enforcement of these laws. All students are responsible for abiding by the laws of the Commonwealth.

In alignment with current Pennsylvania Law, the University policy on alcoholic beverages is as follows:

  • For those students and their guests who are of legal age, alcoholic beverages are to be confined to resident rooms with doors closed, except as allowed at a Registered Social Event. All students in a room where alcohol is present will be considered in constructive possession if any person present is under the age of 21.
    • All individual students or guests in any student room must be of legal age when alcohol is present. In suite-style rooms where of age and underage students reside, alcohol must remain in the bedroom with the of age residents.
  • Students under the age of 21 may not possess or consume alcohol.
     
  • Alcohol possession and consumption is prohibited in all common spaces (common lounges, hallways, academic buildings, outdoors, etc.).
     
  • Alcoholic beverage quantities are restricted to the following amounts:
    • Alcoholic beverages with alcohol content by volume (ABV) of greater than 20% are prohibited on any part of campus or at sponsored off-campus events. The only exception is within the confines of permanent staff and faculty residences.
       
    • Bulk amounts or common sources of alcohol are expressly prohibited on campus, except as allowed at a Registered Social Event. Examples of bulk amounts and common sources of alcohol are kegs, beer balls, jug wines, and punch bowl mixers.

      Students may possess a total of 2 alcohol units in each room. 1 unit of alcohol consists of:
       

    • UNIT A: 32 fluid ounces of alcoholic beverages with ABV of 10%-20% (typically wine and liquors, approximately one quart, or one standard 750mL bottle)
       
    • UNIT B: 180 fluid ounces of alcoholic beverages with ABV below 10% (typically beer and malt beverages, approximately 15 standard 12oz bottles, 11 pints, or 4 large 40 oz. bottles)
  • Empty alcohol containers and paraphernalia are considered violations of this policy. These items include, but are not limited to, wine bottles, beer cans/bottles, liquor bottles of any size, shot glasses, beer bongs and funnels.
     
  • Due to the dangerous nature and encouragement of over consumption of alcohol, drinking games are prohibited in the residence halls at all times. Such games include but are not limited to beer pong, flip cup, kings, quarters, etc.
     
  • University officials may confiscate any items that violate this policy and confiscated material may not be returned.
     
  • The University reserves the authority to prohibit the possession and use of alcohol by any person, room, floor, or building, as it deems necessary.

Information regarding laws and associated penalties related to alcohol may be found in the Pennsylvania crimes code, linked here:

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18

Information regarding the procurement, possession, distribution and licensing requirements related to alcohol in the Commonwealth of Pennsylvania can be found here:

https://www.lcb.pa.gov/Legal/Pages/default.aspx

Health information related to the consumption of alcohol can be found here:

https://www.niaaa.nih.gov/alcohol-health

 

Statement of Policy

Delaware Valley University will not tolerate any form of possession, use and/or distribution of controlled substances, including paraphernalia, which are prohibited by federal, state or local law. Concerns of this nature will be formally addressed through the student conduct process. Depending on the circumstances, suspension or expulsion from Delaware Valley University is possible.

Definition of Terms

  1. Distributing
    Deliver, sell, pass, share, or give any controlled substance determined to be illegal from one person to another or to aid therein.
  2. Possession
    Possess or hold without any attempt to distribute any controlled substance, determined to be illegal.
  3. Paraphernalia
    Examples include any and all types of drug paraphernalia including but not limited to bongs, water pipes, roach clips, pipes, bowls or any items modified or adapted so that they can be used to consume controlled substances. These items are not allowed on University property and will be confiscated when found.

Information regarding laws and associated penalties related to the possession, manufacture, transportation and distribution of illegal drugs may be found in the Pennsylvania crimes code, linked here:

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18

Information regarding United State federal laws and penalties related to the possession, manufacture, transportation and distribution of controlled substances may be found in the United Stated Code linked here:

21 U.S.C. Title 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL:

https://www.deadiversion.usdoj.gov/21cfr/21usc/

Health information related to the use of illegal drugs can be found here:

https://www.drugabuse.gov/

 

INTRODUCTION

Delaware Valley University is committed to creating and fostering a safe and healthy campus community built on the core values and hazing is a serious violation against these values. Respect all people, live each day with purpose, and act as one learning community with one purpose are values that guide Hazing Prevention at Delaware Valley University. We believe students should not be demeaned or exposed to harm when pursuing involvement in campus life. Joining a university organization and/or team is a serious commitment reflecting the core values and as such hazing is not tolerated nor should be part of any campus group’s educational process and membership.

As part of these efforts, and in compliance with Pennsylvania law, the University compiles and reports a five-year report on hazing incidents. Five Year Hazing Incident Report.

DEFINITIONS

Hazing is a serious felony under the Commonwealth of Pennsylvania. Both the Commonwealth and thus the Delaware Valley University has defined hazing. Key to anti-hazing and hazing prevention efforts is the Timothy J. Piazza Antihazing Law. The Pennsylvania Crimes Code provides the complete language for state law.

  1. In addendum to Pennsylvania, Delaware Valley University definition of hazing
  • Hazing is any action taken or situation created involving and/or returning members as part of joining, maintaining membership, or holding a leadership position, regardless of the individual’s willingness to participate, that
    • Violates federal, state, local, and campus
    • Humiliates, degrades and individual or groups
    • Intentionally or unintentionally endangers an individual (mentally,. Physically, emotionally)
  • Organizational definitions
    • Members of the ‘University Community’ refers to its faculty, staff, students, volunteers, coaches, organizations, groups, teams, alumni, and individuals who can be presumed to be connected to the University.
    • An ‘organization’ is defined as persons enrolled as students at the University who are associated with each other and have completed the process of being a recognized student club or organization with the Office of Student Involvement and the respective student governing council.
    • A "group" is defined as persons who are associated with the University and each other, but are not a recognized organization or are not required to register as an organization including, but not limited to varsity athletic teams, administrative units, academic departments, musical or theatre groups through a department, residence halls, student paraprofessional staff, intramural teams, etc.

HAZING PREVENTION POLICY

Hazing in any form is prohibited. This policy applies to all students of the university community. This policy applies to all behaviors on or off Delaware Valley University property. Implied or expressed consent of a university community member to hazing is not a defense under the policy.

  1. Activities or situations that violate the policy shall include but are not limited to the following:
  • Forced consumption and/or excessive use of alcohol, food or drugs.
  • Paddling, beating or physical abuse of any kind
  • Sleep or Food deprivation
  • Physical or psychological harm
  • Personal servitude
  • Withholding of privileges granted to other members
  • Forced confinement, abandonment and kidnapping
  • Degrading or humiliating activities or games
  • Unreasonable exposure to weather and unsafe environments
  • Any activity that interferes with academic pursuits
  • Activities that are inconsistent with university policy and/or local, state and federal law
  • Any form of sexual misconduct as stated in university policy

2. False accusations of hazing are prohibited and may result in loss of university privileges.

3. Retaliation against any university community member(s) who reports hazing is prohibited and may result in loss of university privileges.

4.Responsibility for a violation may be attributed to an organization, its members and officers.

5.Prevention and enforcement of the policy is a responsibility of the university, its organizations, its members and officers.

6.Any proof that an organization or member had knowledge of a violation and did not discourage or notify university officials will bear responsibility for the violations.

7.In addition to the university policy, the following applies:

  • Student-athletes and teams shall follow policy and guidelines set forth by the governing sports organization
  • Fraternal organizations shall follow policy and guidelines set forth by their respective chartering organization and umbrella councils
  • All groups and organizations shall follow policy and guidelines set forth by the Office of Student Involvement and any respective governing body

REQUIREMENTS FOR REGISTERED STUDENT ORGANIZATIONS

  1. All elected/appointed student clubs and organizations presidents shall acknowledge and sign off that they have received the hazing prevention policy, in order for their organization to be a recognized student organization. In doing so, they agree, both personally and on behalf of the club or organization, that they will comply with the Hazing Prevention Policy.
  2. All elected/appointed presidents shall educate their membership on a minimum annual basis regarding the applicable policies regarding hazing.

RIGHTS OF THOSE WHO REPORT HAZING

All those who report hazing incidents have the right to report confidentially. In the case of someone who reports anonymously, they waive their rights. Those who reports confidentially, maintain the rights below. As defined as:

  1. Confidential Reporting: When reporting alleged or potential hazing activities, a person may request that his or her name be kept confidential. The identity of the reporter will be included in reports and utilized for follow-up from staff.
  2. Individuals who have been victims of hazing and truthfully report the activities to the appropriate officials at Delaware Valley University may not be individually charged in violation of this regulation.
  3. Individuals who have knowledge of a hazing incident they did not participate in, and truthfully report it to the appropriate officials at Delaware Valley University, will not be charged in that particular hazing incident.
  4. Any group or organization seeking assistance with preventing hazing from occurring in future membership, even if that group or organization has participated in hazing behaviors in the past and discusses what formerly occurred, may not be charged in violation of hazing from these previous incidents with consideration due to the fact the group or organization is providing a good faith effort in eliminating hazing from any future membership process.
  5. Groups or organizations that self-report hazing as the first report of the hazing incident will be given the opportunity to change those behaviors without the immediate threat of the group or organization being charged in violation of the hazing regulation.
  6. Any group or organization that does self-report hazing behavior to the appropriate authorities at Delaware Valley University must identify the individuals responsible for the hazing behaviors. Any individuals who are found to be responsible of hazing behaviors will still be subject to disciplinary actions appropriate to the behavior.
  7. Hazing incidents are a violation of Pennsylvania state law, and as such, any hazing incidents that are reported to the appropriate officials at Delaware Valley University may be reported to outside law enforcement.

RIGHTS OF THOSE ACCUSED OF A HAZING VIOLATION

Rights of the complainants and respondents:

1.Fundamental fairness: in any student conduct resolution process, students are entitled to be treated with fundamental fairness which may be characterized by:

  • The right to appropriate notice of concerns about specific behavior
  • The opportunity to be assisted by an advisor
  • The opportunity to respond to the concern
  • The opportunity to appeal the initial hearing outcome if grounds for appeal are met

2.Rights specific to accused violators of the hazing prevention policy. The individual, group or organization that are accused of Hazing retain specific rights, namely:

  • The individual or group or organization accused of violating the hazing incident must be properly notified of the incident they are being accused of including a date and time of a hearing or information about an investigation that will occur.
  • Prior to the hearing, the accused will be informed of the information that will be presented against them in the hearing and the accused will be given adequate time to prepare for the hearing.
  • The individual or group accused of a hazing incident may choose to seek out legal advice, but a lawyer may not accompany the individual or group to the hearing.
  • A hearing panel that is fair, trained for the task at hand, and that has no prior relationship with either party or the facts at hand that would render them impartial
  • The accused individual or group will not be held responsible for their actions or behaviors until after a hearing is held, all information is presented and a decision has been made by the panel. Delaware Valley University reserves the right to suspend participation by an individual in a group or organization or suspend an entire group or organization during the time the incident is being investigated. After a decision is reached, if the individual or group or organization is found to be innocent, the suspension will be lifted.
  • The opportunity to ask questions of the complainant/respondent and any witnesses via the panel
  • The opportunity to present information in support of or response to the allegations prior to the panel’s deliberation
  • The opportunity to participate in the hearing in person and to be present throughout its entirety (with the exception of panel deliberation)
  • The right to request participation in the hearing by suitable means that would not require physical proximity to the respondent, to be reviewed in advance to ensure that said method in no way disadvantages the respondent’s right to a fair review.
  • The right to not have their academics interrupted during the investigation process.
  • Notice, in writing of the outcome of the hearing and any appeals
  • The right to appeal the outcome should grounds for appeal be met

CONDUCT PROCEDURES

  1. Violation of this policy may result in corrective action outlined in the Student Code of Conduct. Determination of responsibility shall be performed through the conduct proceedings outlined in the Student Code of Conduct.
  2. Alumni or visitors involved in alleged violations of this policy may be issued a persona non grata, or ban from campus, as outlined in the Student Code of Conduct as well as be reported to Public Safety.
  3. Violations of this policy are subject to referral to appropriate University offices, regional and national affiliated offices, as well as local law enforcement entities.
  4. A student or student organization may be subject to interim suspension as outlined in the Student Code of Conduct.
  5. Violation of this policy by a registered Delaware Valley University student will result in appropriate sanctioning outlined in the Student Code of Conduct. Determination of responsibility shall be performed through the conduct proceedings outlined in the Student Code of Conduct.
  6. Students continuing to act in the name of a suspended or expelled student organization may be in violation of an existing sanction under this policy and, as such, could be subject to charges under the Student Code of Conduct.

HAZING PREVENTION RESOURCES AND ADDITIONAL INFORMATION

Authority for the investigation and enforcement of this policy is vested with the Division of Campus Life and Inclusive Excellence.

A person/organization desiring to report an incident of hazing can seek advisement from a staff member of one of the following appropriate University Offices:

  • Public Safety — 215.489.2315
  • Campus Life and Inclusive Excellence — 215.489.2215

When reporting an alleged or potential act of hazing, please include as much information as possible about the incident(s), including the following:

    • Date and location
    • Description of activities
    • Organization involved
    • Name of and description of students involved
  • Confidential Reporting — When reporting alleged or potential hazing activities, a person may request that his or her name be kept confidential. The identity of the reporter will be included in reports and utilized for follow-up from staff.
  • Complaints or reports of activities believed to be hazing will be directed to the Division of Student Affairs.
  • Questions or concerns about this policy should be directed to the Division of Campus Life and Inclusive Excellence.
  • Certain resources on and off-campus are available- providing support, advice, and options. These resources are:
    • Counseling Services (on-campus) in Elson Hall
      Phone number: 215.489.2317
      After 4:30 p.m. weekdays and weekends call Public Safety 215.489.2315
    • Anti-Hazing Hotline- 1.888.Not.Haze
STUDENT EXPRESSIVE RIGHTS POLICY

A. Statement of Philosophy

As an institution of higher learning, Delaware Valley University supports its students in their civil expression of thoughtful views. We espouse a set of core values that call upon us to value the world of ideas and differences and respect all people. These values are inspired by the ideals of our founder, Rabbi Joseph Krauskopf, who emphasized respect for all people and ideas, and honored knowledge with practice and progress for the common good. Our community endeavors to cultivate curiosity and honor diversity. We engage with ideas that challenge us and with people different from ourselves, showing deep respect for diverse points of view and backgrounds. Our mission is to encourage students to develop the requisite skills and spirit of inquiry that enrich and inform their lives in service to society.

Delaware Valley University affords all members of the student body substantial privileges and protects the rights of all members of the student body with respect to speech and expression, balanced with the responsibilities that such privileges bring in any community. The autonomy to express ideas, views and engage in discourse is essential to the life of the University. Making independent judgements about the worth and legitimacy of ideas, contesting ideas and responsible dissent are all means of exposing errors in reasoning and the process of discovering truth.

The university recognizes that some ideas and forms of expressions may evoke different reactions from members of our community. Some ideas will be viewed as unpleasant and distasteful by some, perhaps even most, members of the campus community. However, participating in an environment where there is a diverse range of opinions, perspectives, and experiences contributes to our educational mission and the university is therefore committed to fostering this type of environment. The University will use the educational means at its disposal, including mediation, public forums, sponsorship of debate and discussions, to promote civil discourse and reasoned debate.

This expressive rights policy outlines the principles and practices by which the university supports expressive diversity on campus. The policy fosters a culture of open inquiry as part of the education of students. Each member of the community is free to express their point of view on, or opposition to, any issue of public interest within reasonable restrictions of time, place and manner. Each member of the community is also expected to help guarantee the ability of other community members to express themselves freely. No group or individual has the right to interfere with the legitimate activity of other authorized persons and groups as interference with expression compromises the University’s goal of valuing the world of ideas and differences.

B. Time, Place, and Manner Guidelines for Public Expression on Campus (Events) General

1. Demonstrations, speakers, the distribution or posting of leaflets, statements, petitions, chalking, and other forms of public expression are permitted on the campus within reasonable restrictions on time, place, and manner. Public expression includes assemblies, demonstrations, debates, forums, rallies, protests, picketing and speakers (“public expression”) that are held on University property and are open to the general campus community.

  • Public expression cannot be unlawful and must not violate or conflict with local, state, or federal laws.
  • Public expression must not violate University policy and cannot jeopardize public, personal or individual safety.
  • The public expression of views and opinions cannot prevent, unduly obstruct, or interfere with the normal operations of the University. Normal operations of the University include:
    1. Academic activities, such as classes, labs, activities in any academic building, etc.
    2. Business activities of the University.
    3. Events or speakers hosted in accordance with University policy by academic departments, administrative departments, or registered student organizations.
    4. The functioning of the University’s Residence Hall buildings.
    5. Access to any University facilities.
  • Persons and organizations not affiliated with the University are not permitted to be involved in public expression on University property unless they are invited and sponsored by a recognized student organization.

2. Sponsorship Responsibilities

  • A Sponsor, defined as a recognized University organization, academic department, or administrative department that invites persons and organizations not affiliated with the University to speak or demonstrate on campus, shall have the following responsibilities:
  • The Sponsor is responsible for assuring that the activities of the sponsored group are carried out in accordance with the expectations delineated in the University Policy on Expressive Rights and these guidelines that support the Policy.
  • The Sponsor of any individual or group engaging in public expression on University property must be clearly identified in all publicity materials for the event, and at the beginning of the event itself.
  • If the Vice President for Student Affairs and Dean of Students (in consultation with other University staff/faculty members) determines that additional security measures are necessary to assure compliance with the Policy on Expressive Rights, the Sponsor must agree to such additional security and shall be responsible for the cost of these additional security measures.
  • Individual members of the University community can serve as sponsors only through the support of a recognized student organization.

3. Prior Notice

  • For public expression by student members of the University community: individual or groups of students, clubs, teams, and organizations of the University are encouraged to give prior notice of their plans to the Vice President for Student Affairs and Dean of Students, or designee, at least 2 business days prior to the event. Faculty who serve as advisors of clubs and organizations are encouraged to remind students about these guidelines. This prior notice will help assure that this policy and these guidelines are followed.
  • For public expression by persons and organizations not affiliated with the University of the University community: Student organization sponsors (from the University community) of public expression activity by non­members of the University community must give prior notice of their plans to the Vice President for Campus Life and Inclusive Excellence and Dean of Students (VPCLIE/DOS), or designee, at least five (5) business days prior to the event. This prior notice will help assure that this policy and these guidelines are followed.

4. Location

  • For public expression by members of the University community: The University reserves the right to relocate or suspend any assembly that becomes disruptive to the normal operations of the University or that violates University policy.
  • The area in front of the Life Sciences Building and the Student Center Courtyard have been designated as acceptable locations for outdoor demonstrations. Demonstrations or events may not interfere with access to the buildings.
  • For public expression by persons and organizations not affiliated with the University (but invited and sponsored by a recognized student organization): The University reserves the right to designate the location for these events, to help assure that this policy and these guidelines are followed.

5. Amplification Equipment

The University reserves the right to restrict the use of outdoor amplification equipment in association with any public expression activity. The use of amplification for student protest or demonstration must be approved by the VPCLIE/DOS, or designee, in advance of the activity, to insure that its use does not create an unreasonable disruption to University activities.

6. Building of Structures

The University reserves the right to restrict the building of any structure or the placement of flags, decorations, artwork or other objects in campus public space in association with public expression. The building of any structure or placement of decorative objects or artwork on campus property must be approved by the VPCLIE/DOS, or designee, in advance of the activity. This approval insures that the structure does not create a safety hazard or an unreasonable disruption to University activities, removal in a timely manner after approved installation period, and any costs associated with the structure.

7. Objections to Public Expression Activity

The University recognizes that individuals or groups may be opposed to certain acts of public expression. Disagreement with different opinions is acceptable; however, hindering, vandalizing, silencing or obstructing the message of a community member compromises the University’s goal of creating an environment where issues can be openly discussed. An individual or group wishing to protest at an event may do so as long as:

  • The protest is held in accord with the Time, Place, and Manner guidelines detailed in this policy.
  • The speaker’s ability to speak and the audience’s right to see and to hear are not unreasonably impeded. Other examples of silencing that are unacceptable are vandalizing bulletin boards, tearing down poster or flyers, crossing out or erasing chalking.

C. Time, Place, and Manner Guidelines for Public Distribution of Written Materials (Posting Policy)

1. Overview

Students and student organizations are permitted to publicly distribute written materials in accordance with this Policy and Guidelines on Expressive Rights. Persons or organizations not affiliated with the University are not permitted to publicly distribute or post written materials on University property.

Prohibited Content

Written materials which contain the following are prohibited and the University will remove postings, leaflets, or chalking which:

  • Violate law or University policy
  • Promote or incite behavior violating law or University policy
  • Constitute a demonstrable threat or harassment to an individual or group
  • Defamation, defined as causing harm to the reputation or livelihood of an individual or group
  • Consist of obscene images, photos, symbols or representations
  • Contain unapproved commercial advertisements
  • Disrupt the normal operations of the University (as defined in section B(1)(c) of this policy)

3. Location Guidelines for Posting of Written Materials

  • General Guidelines
    1. Posting is permitted only on designated boards or other areas designated for posting. No windows, including windows or glass panels in or beside doors, may be covered.
    2. Students or organizations posting information may place one (1) posting on each board or designated posting area.
    3. Postings on designated boards or posting areas may not exceed an area measuring 11 inches by 17 inches in size.
    4. Individuals posting materials may not remove the postings placed by other groups and may not cover up other postings. Removing or covering the unexpired postings of other students or groups is a violation of this policy.
    5. Advertising events with alcohol is limited to only those events which are fully compliant with the Social Event Policy and approved by the Office of Student Involvement.
    6. Please see additional guidelines below (see items contained at section 3(b) through (f) of this policy set forth below).
  • Student Center Building

    Posting is permitted only on designated bulletin boards. No posting is permitted on boards designated for administrative department use.
     

  • Academic and Administrative Buildings, Including the Library

    Postings are permitted only on designated bulletin boards and designated posting areas. No posting is permitted on boards designated for academic or administrative department use without permission from the department, including the posting of information on whiteboards and chalkboards.
     

  • Residence Halls

    Postings are permitted only on designated bulletin boards and designated posting areas which may include one posting on hallway walls. No posting is permitted on boards designated for use by the Office of Residence Life without permission from the office. No windows, including windows or glass panels in or beside doors, may be covered.
     

  • Other Locations

    No postings may be made in any location other than those designated in these Guidelines without prior approval from the VPCLIE/DOS, or designee.

4. Information Required for Posting Written Materials

  • Identification of Individual or Group Responsible for Posting

    As stated in Section C of this policy above, students, student organizations, and academic or administrative departments are permitted to publicly distribute written materials. Any postings must clearly identify the name of the organization or individual responsible for the posting. In addition, contact information for the organization or individual must be included. Specifically, a valid Delaware Valley University email address or valid University group alias email must be clearly visible on the poster. Flyers without a valid DelVal email address will be removed.
     

  • Dates and Time Period for Posting
    1. All postings must be dated. For posters advertising events which must include the date of the event, posters may go up no more than 4 weeks prior to the event and must be taken down by the sponsoring organization or individual within 48 hours of the conclusion of the event.
    2. Posters not affiliated with an event must list the date the poster was first posted. These posters may remain up for no more than 2 weeks and must be taken down promptly after two weeks. Any out of date postings may be removed by the University.
  • Chalking

    Chalking is permitted on concrete walkways and pathways not covered by a structure. Chalking is not permitted on buildings, walls, covered entryways, or covered patio areas. It is a violation of policy to remove chalking placed on campus in accordance with this policy. Chalking in non­ sanctioned areas may be removed by the University. A guideline for chalking is that rain should be able to wash the chalking away.

5. Campus Media Organizations

  • The principles of free inquiry, expression, and dissent articulated above also apply to the University’s student communications media. The freedom of student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, such as the avoidance of libel, slander, obscenity, undocumented allegations, and the techniques of harassment and innuendo. All student communications media must explicitly state that the opinions expressed are not necessarily those of the University or student body. Editors and managers of student communications media are protected from arbitrary suspension or removal because of student, faculty, administrative, or public disapproval of editorial policy or content. Orderly procedures for the selection and removal of editors and managers are established by the organization involved and subject to review by the Division of Campus Life and Inclusive Excellence or its delegate.
  • As Delaware Valley University assists student communications media by providing funds and facilities, it may incur legal liability for the content and operation of such publications. Within the limits imposed by such canons of responsible journalism as are catalogued above, the University is committed to freedom of expression in order that student communications media may preserve their integrity of purpose. When these limits are exceeded, the University reserves the right to take such action as may be necessary by virtue of its legal responsibility and need to defend against potential liability.

6. Resources and Reporting of Concerns

  • The VPCLIE/DOS is responsible for administering this policy. The Office of Student Involvement is available to serve as a resource for students or groups planning events or written materials according to this policy.
  • Any concerns or question regarding events, postings, sheet signs, chalking, or other distributed material which may be in violation of the Expressive Rights Policy should be reported to the Office of the Vice President for Campus Life and Inclusive Excellence in the Student Center, Room 204, or to the staff listed below, or by calling 215-489-2215. For urgent matters outside of normal business hours, please contact Public Safety at 215-489-4444.
    1. Dr. April Vari, Vice President for Campus Life and Inclusive Excellence and Dean of Students
    2. Tim Poirier, Dean of Student Development
    3. Andrew Moyer, Assistant Dean of Students and Director of Student Involvement
  • Reported and alleged violations of this policy will be investigated by the Office of Student Development. The institution employs the reasonable person standard to review content believed to violate the prohibited content outlined in Section C(2). Students or student organizations in violation of this policy will be referred to the Dean of Student Development for conduct adjudication, according to process outlined in the Student Code of Conduct.
    1. Type II Violations: Examples of serious misconduct or disruptive behavior that is incompatible with DelVal's standards will be reviewed under our conduct system and may, based upon review and circumstances, result in sanctions up to and including suspension from the University.
      • Violations of Policy: Students and organizations are expected to comply with all policies or regulations published in hard copy or available electronically on the University website that is not otherwise covered by this Code of Conduct.
  • Violations of law or violations of this policy may be referred to the local law enforcement. Arrests and criminal charges are separate from the University’s conduct process
  • Additional University Policies that either supplement or cover topics not covered in the Student Expressive Rights Policy are below.

University Course Catalog

Student Life Policies (Will be included in this accordion)

*Portions of this policy reflect the language and principles of a 2015 Report of the Committee on Freedom of Expression at the University of Chicago; the American Association of University Professors Joint Statement on Rights and Freedoms of Students; and the PEN America report And Campus for All

Approved by the DVU Board of Trustees on May 12, 2017