Student Life Policies

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 the 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 Dean of Students (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 Coordinator of Student Conduct is that University official authorized by the 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 or off-campus, 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: Unwelcomed behavior toward a person or a group based upon, race, color, religion, sexual orientation, ethnicity, gender identity, national origin, disability or other characteristic protected by law or University policy.
• 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.
• 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.
• 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.
• Sex Discrimination: Sexual assault, sexual harassment, stalking, domestic or dating violence or other inappropriate sexual behavior. Refer to the complete Sex Discrimination 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:

• 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.
• 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.).
• Campus Computers and Network Acceptable Use: Using computer equipment or the university’s network in violation of the Acceptable Use policy is prohibited.
• 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.
• 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.
  • Class Instructors 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.
• Drugs: Possession or use of controlled substances which are prohibited by federal, state or local law, including related paraphernalia, or containers.
• 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,
• Forcible Entry: Any willful entering or attempted entering of any secured University premises or other secured property while on University premises.
• 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.
• 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 the Dean of Students Office 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 Coordinator of Student Conduct who determines whether a case will be resolved through Informal Resolution or through Formal Resolution, the latter of which involves an administrative or panel hearing.  The best judgment of the Coordinator 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 Coordinator.  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 informal resolution 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 sex discrimination are resolved with a process specific to those offenses as outlined in the college's Sex Discrimination Policy.

Should the need for a hearing arise the following principles of fundamental fairness are afforded to students responding 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 result of a hearing and any outcome(s) imposed.
• To request an appeal of the outcome(s) 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 sex discrimination are resolved through a grievance procedure specific to those types of violations, students are advised to review the University's Sex Discrimination Policy for protections that are afforded complainants and respondents involved in resolution of complaints of sex discrimination.

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 allegations of misconduct, 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 the Dean of Students (DOS) Office. Panels are drawn from the full membership of the Student Conduct Board which is an all-college committee.

The DOS administrator on the panel serves as the chair 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.  The Coordinator of Student Conduct 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 sex discrimination proceeding.  Students are advised to refer to the Sex Discrimination 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 Coordinator of Student Conduct 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 Coordinator of Student Conduct 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 Conduct Coordinator 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 Coordinator of Student Conduct, or his or her designee.

The Dean of Students 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 their 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 resolution outcome, considering any previous disciplinary action for which the responding party has been found responsible.

The result of the hearing and any associated outcome resolution(s) 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 resolution outcomes. Outcomes may be issued individually or a combination of outcomes may be issues. Such determinations are 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.

Resolution outcomes 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 impactful outcomes.
• Restrictions on participation or use: Restrictions may include but not be limited to, for a designated period 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 during which more impactful outcomes 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, 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 Coordinator of Student Conduct) 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 resolution outcomes that may be applied 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 Dean of Students via the form linked in the written notification of hearing outcome. 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 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 for 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 DOS who, with the Provost and 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 DOS and be delivered to the Dean of Students 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 managed by the Dean of Students Office.  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.  The Annual FERPA Notification of Student Rights is found here.

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 Dean of Students Office for no less than five years after the student's departure from DelVal.

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.

3. 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.
4. 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.
5. 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.
6. 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:

• The Office of Accessibility Services
  Delaware Valley University
  700 E. Butler Avenue
  Doylestown, PA. 18901
  Fax: 215.489.4804
  Email: accessibilityservices@delval.edu

Click here for materials for submission of disability documentation. 

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 Assignment and Change Policy
   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.
   
   The University assigns students to rooms in accordance with the University Housing Agreement. This agreement includes the expectation that students will reside in their housing assignment for the duration of the academic year. The University acknowledges the realities of shared living, which requires commitment, communication and compromise among all parties. The University provides resources to facilitate this communication and compromise. Students are expected to commit to fostering a productive roommate relationship. The University further recognizes the occasional need for change. In all cases, students will initially discuss any emerging tensions with roommates or other involved parties and then with their Resident Assistant (RA). The RA will act as an impartial mediator to encourage communication and agreement among the parties involved.
   
   If the involved parties do not abide by the agreements resulting from the mediation, or if tension persists, the process will transition to arbitration, which is facilitated by a professional staff member in the Office of Residence Life and Housing.
   
   If the conflict persists following arbitration, the professional staff member will determine any change to room assignments on a space-available basis in consultation with the Director of Residence Life and Housing. Submitting a Room Change Request does not circumvent the mediation and arbitration process. Generally, any student who submits a request for a room change will be referred to the mediation process.
   
   Room changes determined by professional staff in Residence Life are made on a space-available basis. Residence Life will make reasonable attempts to facilitate a smooth transition from one room to another. Different room styles have different rates, and a student’s account balance may change as a result of being reassigned.
   
   Room changes are not authorized until after the second week of each semester in order to ensure effective housing roster management and allow relationships to evolve. Unauthorized room changes present significant issues with respect to safety. Changing rooms without prior approval from the Office of Residence Life and Housing is a violation of this policy.
   
   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. The University reserves the authority to change a student’s housing assignment at its discretion.
   
   *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.
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 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.
    
5. 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.
    
6. 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.
    
7. 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.
    
8. 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.
    
9. 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. 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.
    

5. 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;
• 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/

The purpose of this policy is to establish procedures for Delaware Valley University’s response to reports of missing students, as required by the Higher Education Opportunity Act of 2008.

This policy applies to students who reside in on-campus housing and are deemed missing or absent from the College for a period of more than 24 hours without any known reason or which may be contrary to usual patterns of behavior.

I. Procedures for Designation of Emergency Contact Information

a. Housing Application Process: All resident students, as part of the application process, are required to supply emergency contact information and missing student contact information in order to complete a request to live on campus. This contact information is confidential, and both contacts need not be the same individual.

b. Registration process: All students have the opportunity during each semester’s registration process to designate an individual or individuals to be contacted by the college nor more than 24 hours after the time that the student is determined to be missing in accordance with the procedures set forth below. A designation will remain in effect until changed or revoked by the student.

c. All students, resident or not, are responsible for ensuring that the emergency contact information on file with the Registrar’s Office is accurate and current.

II. Notification Procedures for Missing Residential Students

a. Any individual who has information that a residential student may be a missing person must notify the Office of Public Safety (215-489-4444) as soon as possible.

b. The Office of Public Safety will gather all essential information about the residential student from the reporting person and from the student’s acquaintances. Such essential information will include, but not be limited, to the following: description of the student, clothes last worn, where student might be, who student might be with, cell phone number, vehicle description, class schedule, and status of student’s physical and mental well being.

c. Notification, contact, and follow up with the Dean of Students or designee will be made by Public Safety.

d. If the above actions are unsuccessful in locating the student or it is apparent immediately that the student is a missing person (e.g., witnessed abduction), the Office of Public Safety will contact the appropriate local law enforcement agency to report the student as a missing person and the local law enforcement agency will take charge of the investigation.

e. No later than 24 hours after determining that a residential student is missing, the Dean of Students or designee will notify the emergency contact (for students 18 and over or emancipated minors) or the parent/legal guardian (for students under the age of 18) that the student is believed to be missing.

f. Appropriate University Administrators will be notified by the Dean of Students or designee in accordance with this policy.

III. University Communications about Missing Students

Law enforcement personnel are best situated to provide information to the media that is designed to gain public assistance in the search for a missing person. As such, all communications regarding missing students will be handled by the appropriate local law enforcement agency, who may consult with the University’s Office of Marketing and Communications. All inquiries to the University regarding missing students, or information provided to any individual at the College about a missing student, shall be referred to the Office of Public Safety, who shall refer such inquiries and information to the appropriate local law enforcement agency.

Prior to providing the Delaware Valley University community with any information about a missing student, the Office Marketing and Communications shall consult with the Office of Public Safety and with the appropriate local law enforcement agency to ensure that communications do not hinder the investigation

Created: April 27, 2009

Updated September 2021

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.

To be in compliance with Section 2302-A: Regulation of On-Campus Credit Card Marketing, Delaware Valley University prohibits the marketing of credit card applications to students either on campus or using University email.