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Notice of Nondiscrimination
In compliance with federal law and applicable Missouri statutes, the University does not discriminate on the basis of sex, disability, age, race, color, national origin, religion, sexual orientation, or veteran status in admission to or employment in its education programs or activities.
The University complied with the regulations implementing Title VI and Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments Act of 1972; Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and other state and federal laws and regulations.
Inquiries: Inquiries concerning the University’s compliance may be referred to Sally Herleth, Human Resources Director, 101 McClain Hall; 100 East Normal Street, Truman State University, Kirksville, MO 63501. Telephone (660) 785-4031.
Inquiries may also be directed to the Office for Civil Rights via - OCR.email@example.com.
(Approved and Adopted by the Board of Governors December 1, 2012)
Anyone who believes they have been discriminated against on the basis of sex, disability, age, race, color, national origin, religion, sexual orientation or veteran status in violation of the University’s Notice of Non-Discrimination or who has been sexually or racially harassed in violation of the University’s Harassment Policy may bring a grievance under the University’s published procedures.
COMPLAINTS Anyone who wishes to pursue a grievance related to actions in violation of the University’s Notice of Non-Discrimination Policy or have been sexually or racially harassed may initiate a complaint procedure by contacting Sally Herleth, Human Resources Director, McClain Hall 101, 100 East Normal Street, Truman State University, Kirksville, MO 63501, telephone (660) 785-4031. All grievances pursued under this procedure will be promptly and thoroughly investigated and decided within the designated time frames at each stage of the grievance process as set out below.
Complaints should be filed within 180 days of when the discrimination or harassment occurs.
Truman students may opt to either: (1) bring a grievance under this procedure through the Director of Human Resources or (2) they may pursue a complaint under the Student Conduct Code, if the Student Conduct Code is applicable in their particular circumstance by contacting the Dean of Student Affairs, Dr. Lou Ann Gilchrist, 1110 Student Union Building, 100 East Normal Street, Kirksville, MO 63501, telephone (660) 785-5404.
Upon receipt of a complaint, the Human Resources Director or the Director’s designee (hereinafter collectively identified as “Director”) shall proceed to gather information pertinent to the allegations of the complaint. This information gathering phase should be complete within 20 days of receipt of the complaint.
The parties will be notified of the disposition of the complaint at each stage of the process.
HEARINGS Within 10 days of the completion of the information gathering process, the Director will convene a meeting with the complaining party and the person who is alleged to have engaged in discriminatory behavior to attempt a resolution to the grievance. At this meeting, if the complaining party so desires, the Director will proceed to schedule a hearing on the matter at a date and time that is suitable to the parties. The hearing date will begin within 20 days of the completion of the meeting with the parties.
The Director will assemble a hearing board to consider the complaint. The hearing board will consist of two University employees designated by the Director after consultation with the parties. The employees selected to serve on the hearing board will have supervisory experience in managing and disciplining employees. Parties to the hearing will be afforded the opportunity to object to inclusion of persons on the board based on concerns about conflict of interest or bias.
Upon the agreed date, the hearing board will conduct a hearing at which the parties will be given full opportunity to present evidence. The parties may compel the attendance of witnesses to this hearing to the extent that it is within the authority of the University to do so. These proceedings will be recorded for later review, if needed, and all exhibits will be preserved as well. Parties may offer both written and oral submittals to the board. Within 10 days after conclusion of the hearing, the hearing board shall issue a finding of facts and a determination on the merits of the complaint along with a recommended action and shall provide the findings, determination and recommendation to the parties involved. If none of the parties objects to the recommendation within 10 days of its issuance, the recommendation shall be final and binding on all concerned.
APPEALS If either the complaining party or the party who is alleged to be in violation of the University policies objects to the recommendation of the hearing board, that person may appeal the decision of the hearing board by so notifying the Director in writing. The appeal hearing will be conducted by the President of the University or the President’s designee (hereinafter collectively referred to as “President”). As referenced above, the parties must request an appeal within 10 days of the hearing board’s issuance of findings.
The appeal will be based on a review of the record and any objection raised by the parties regarding adherence to the process. The Director will forward the complete hearing record to the President within 15 days of the appeal request. The President will not accept evidence or hear witnesses but will review the record of the matter to determine whether the earlier hearing decision is fairly and reasonably supported by the evidence and to determine if any prejudicial error occurred in the hearing of the matter by the hearing board. The President may refer the matter back to the hearing board for additional action or fact finding if the record is deemed inadequate for any reason. The President will issue a written determination within 30 days after the complete record is forwarded to the President. The President’s determination is final.
If at the conclusion of this process, a violation of the University’s discrimination policy is established, appropriate corrective and remedial actions will be taken.
TIME FRAME The time frame set out in the procedure above is intended to ensure that complaints are resolved in a reasonable time, taking into the account the needs for a rapid determination for the complaining party and a fair and just hearing for the accused party. Minor deviations from the time frame are permitted when needed in order to achieve these goals.
CONFIDENTIALITY Throughout the grievance procedure, all parties and participants shall maintain confidentiality to the extent practicable, in a manner consistent with the principles of due process and the grievance process.
RETALIATION PROHIBITED Retaliation against a person who files a complaint of discrimination, including sexual or racial harassment, or persons who participate in related proceedings is strictly prohibited. Such retaliation shall be considered a separate offense subject to additional disciplinary process.
Educational Rights and Privacy
The University complies with the Family Educational Rights and Privacy Act of 1974 and thereby treats student educational records in a confidential manner. The University discloses information from a student’s educational record only with the student’s written consent, except as permitted by law. Permitted disclosures include University personnel who have a legitimate educational interest, officials of other institutions in which a student seeks enrollment, federal and state educational authorities under certain circumstances, officials connected with a student’s request for or receipt of financial aid, parents of a dependent student, persons named in a judicial order or lawfully issued subpoena, and appropriate parties in a health or safety emergency.
Students are expected to do their own academic work. Any student involved in cheating on a paper, an examination or in any other form of academic dishonesty is subject to disciplinary action, including suspension or expulsion from the class, the student’s academic program, or the University.
It is the responsibility of faculty members 1) to inspire in their students an appreciation of and a desire for honesty in academic work; 2) to discourage dishonesty and to protect the honest student; and 3) to take appropriate action in instances of dishonesty. Such action may include the reduction or elimination of a dishonest student’s score for an affected test or project, the lowering of a grade for the affected class (including the assignment of an “F” grade), or the expulsion of a student from the affected class.
Serious cases of academic dishonesty are reported by the faculty member to his or her Department Chair and to his or her Dean, who may take additional disciplinary action against the dishonest student, including suspension or expulsion from classes in the School. The Dean reports the dishonesty to the Vice President for Academic Affairs, who may also report it to the Dean of Student Affairs. The Dean may also report the dishonesty to the School in which the dishonest student is enrolled as a major; the Dean of this School may suspend or expel the student from the academic program in the major. The Dean of Students may also suspend or expel the student from the University as outlined in the Student Conduct Code for incidents of academic dishonesty.
Disciplinary action by a faculty member for academic dishonesty may be appealed to the Dean of the faculty member’s School. Disciplinary action decisions by an academic Dean may be appealed to the Vice President for Academic Affairs for review and final decision. Disciplinary action by the Dean of Student Affairs for academic dishonesty may be appealed through the same process as other disciplinary actions by the Dean of Student Affairs for student misconduct.
Student Conduct and Behavior
In order to provide the best possible environment for personal and intellectual growth, the University has established regulations to guide student conduct, a summary of which may be found at conduct.truman.edu. Residence hall life is unique and therefore additional guidelines exist to ensure the safety and comfort of on-campus students. These regulations are detailed in The Residence Life Handbook available at http://reslife.truman.edu/information/handbook/index.asp.
Citizenship and Community Standards
The Office of Citizenship and Community Standards is charged with the administration of the Student Conduct Code. The Student Conduct Code creates an expectation of behavior that the University views as acceptable and appropriate for students and student organizations. The University recognizes the significance of students’ rights. Those rights include freedom of expression, autonomy, procedural protection, and the respect for personal integrity of all members of the community and their property. By ensuring those individual rights, the University fosters an environment conducive to students’ success and well-being. By doing so, students respect the dignity, rights, and property of the University and its members.
Citizenship and Community Standards is committed to resolving allegations of misconduct under the Student Conduct Code in a manner consistent with its principles of fairness, honesty, and integrity. Citizenship and Community Standards acknowledges the importance of balancing the interests of the individual student or student organization and the community at large, as well as protecting the integrity of the institution and its values. To that end, the Office of Citizenship and Community Standards is dedicated to creating and promoting a purposeful, inclusive, caring, responsible, just, and celebrative community of learners at Truman. The Office is committed to developing responsible citizens and leaders through investment in students’ holistic learning, ethical growth, and character development.
A variety of resources and information including the Student Conduct Code, directions for reporting student or student organization misconduct, a misconduct referral form, and a sanctioning guide are available on the http://conduct.truman.edu website. The Office of Citizenship and Community Standards is located in Student Union Building (Student Affairs Office). Phone: (660) 785-4111. Facsimile (660) 785-5403. E-mail: firstname.lastname@example.org.
Mutilation of Library Materials
The learning process is hindered for many students by the misuse, mutilation, and abuse of library materials. As a result of this concern for student learning, anyone apprehended in the mutilation or theft of library materials is prosecuted under the applicable law and/or made subject to University discipline through standard disciplinary channels.
Students are expected to keep local and permanent addresses current with the University at all times during their enrollment. Each semester, students are required to update or verify their local address and telephone number. Local address and telephone number changes may be made through the student’s TruView account or in the Registrar’s Office. Permanent address changes for currently enrolled students should be made in the Registrar’s Office, McClain Hall 104. Students are responsible for all information sent to their mailing address from University offices and personnel conducting University business.
Each currently enrolled student is provided with an e-mail address that is considered their official campus e-mail address during their enrollment at Truman. Students are expected to check this e-mail address regularly or ensure that their campus e-mail is forwarded to a reliable address that is checked regularly. Students are responsible for all information sent to their official campus e-mail address from the University.
A student is expected to be present at all classes. Regular class attendance is necessary in order for a student to achieve the desired standard of academic achievement. Irregular attendance normally results in lower levels of achievement. Students are therefore expected to contact instructors as soon as possible when an absence occurs.
It is University policy that each instructor determines and communicates the attendance requirements for the class. Only the instructor can excuse missed classes or assignments. When a conflict arises, a student is expected to resolve his or her situation first with the instructor, and if that fails, with the instructor’s Department Chair and then the Dean. If unresolved issues remain, an Attendance Policy Appeals Committee exists to hear appeals.
An appeal of the instructor’s attendance policy is not sustained unless there is clear and convincing evidence that it was applied in an unreasonable manner or is in violation of widely held ethical or legal principles.
GUIDELINES AND PRINCIPLES:
- The University entrusts the faculty with the responsibility of determining how absences affect student grades, recognizing that the instructor is in the best position to judge which educational activities are most critical in achieving the course’s outcome objectives. The instructor is also best suited to determine what alternate means, if any, may most closely approximate those objectives if the student is unable to participate in the original educational activity/assignment.
- University faculty must strive to ensure that all students in a given class are evaluated equitably.
- University faculty are encouraged, whenever possible, to accommodate students who must miss class for important reasons. These reasons may include family and personal emergencies, special religious observances, representing the University at an on- or off-campus event, and extraordinary opportunities that lie beyond the classroom.
- University faculty should make an attendance policy available to students in a written format within the first week of the class. The policy should be reasonably clear and help students understand how absences might affect their learning and grades. Not every eventuality can be foreseen, and the individual instructor may need to make a judgment in an individual case beyond the details outlined in this policy.
- Students are encouraged to consult with faculty about absences, in advance if possible, to resolve scheduling conflicts.
- The University community recognizes that on occasion, an Attendance Policy Appeals Committee may be called upon to review and settle disputes that result from either an inconsistent application of an instructor’s policy, or from the policy itself. Such an appeal should occur only after the student first seeks a satisfactory outcome with the instructor, and, if that fails, with the instructor’s Department Chair and then the Dean.
- Also, before any meeting with the Department Chair, Dean, or the Attendance Policy Appeals Committee, the faculty member is asked to provide a copy of the attendance policy in question as well as documentation of the student’s attendance in the course. The faculty member is allowed to provide input at all levels of discussion.
- If the dispute is not resolved with the instructor, the student may initiate an appeal at the departmental level no later than fourteen calendar days after the first day of class of the following semester, spring or fall. If the grievance is not resolved at the departmental level, an appeal may be submitted to the Dean of the School of the instructor no later than fourteen calendar days after receiving written notification of the Department’s decision. After receiving written notification from the School, the student may appeal to the Attendance Policy Appeals Committee c/o the VPAA Office within fourteen calendar days. Once final grades have been issued, a student who intends to file a grade appeal where attendance is involved needs to file grade and attendance issues together as a single appeal according to the procedures in the grade appeal policy.
Policy for a Drug-Free and Alcohol-Free Campus
Code of Policies of the Board of Governors, section 16.030.
Truman endorses the following statement of policy to prevent the use of illicit drugs and the abuse of alcohol by students and employees. “The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on all property owned or operated by the University, herein referred to as the University campus. The manufacture, distribution, dispensing, possession, or use of intoxicating liquor is also prohibited on the University campus, except for those times, places, and purposes approved by the President of the University. The presence of persons under the influence of unlawful drugs or intoxicating liquor, regardless of where the use or consumption of such drugs or liquor may have occurred, is also prohibited on the University campus. Any employee who violates this policy will be subject to disciplinary action, up to and including termination of employment, and any student who violates this policy will be subject to disciplinary action, up to and including expulsion from the University. As a condition of their employment, due to the University’s receipt of federal grants, employees of the University, both full-time and part-time, 1) must abide by the prohibition against controlled substances, and 2) must notify the University, no later than five days after their conviction, of any criminal drug statute conviction for a violation occurring on the campus.”
DRUG AND ALCOHOL ABUSE PREVENTION PROGRAM
- Code of Policies of the Board of Governors (Sec. 8.050 and Sec. 16.030, Code of Policies): The following acts are prohibited and any student found to have committed, to have attempted to commit, or to have willfully aided or abetted these acts of misconduct is subject to disciplinary sanctions. Public intoxication on University premises or use, possession or distribution of alcoholic beverages on University premises, when such use, possession or distribution is prohibited by law or University regulations. Use, possession or distribution of narcotic or other controlled substances, except as expressly permitted by law.
- Applicable Legal Sanctions: Illicit drug purchase, possession and use is a crime under state and federal law. The Kirksville City Code and Missouri law prohibit a variety of alcohol related conduct, including the purchase or possession of alcohol by one under 21 years of age. Violations of law are punishable by fines, imprisonment or both.
- Health Risks: Numerous health risks are associated with the use of illicit drugs or the abuse of alcohol. Repeated use of either drugs or alcohol can lead to dependence. Use of illicit drugs and abuse of alcohol causes a substantial number of health problems and can be fatal. Contact the Student Health Center in the McKinney Center (785-4182) for a complete description of the health risks associated with use of illicit drugs and alcohol abuse.
- Available University Services: Students and employees seeking additional information about the effects of drug or alcohol use or seeking assistance for alcohol or drug related problems should contact the Student Health Center (785-4182) or University Counseling Services (785-4014) for referral information. Employees seeking information regarding benefit coverage and/or the employee assistance program may contact the Benefits Coordinator (785-7480).
- Sanctions: Disciplinary sanctions will be imposed on students and employees for violations of the University policy governing illicit drugs and alcohol. Sanctions may range from referral for rehabilitation to expulsion, termination of employment and referral for prosecution.
- Further information: For further information about drug and alcohol issues or to receive a more complete description of the health risks associated with drug use and alcohol abuse and the relevant legal sanctions, contact the Student Health Center in the McKinney Center (785-4182).
It is the policy of Truman State University that no person shall be subject to harassment on account of their sex, disability, age, race, color, national origin, religion, sexual orientation or veteran status.
Harassment is generally defined as conduct (whether physical, verbal, graphic or written) which is related to a person’s status in one of the protected classes listed above and which is sufficiently severe, pervasive or persistent so as to create an intimidating, hostile or offensive environment for working or learning, thereby interfering with or limiting the ability of that person to participate in or benefit from the services, activities or privileges provided by the University.
Disability harassment constitutes prohibited discrimination based on disability. (examples: students who tease or ridicule or taunt other students because of their disability and employees who refuse to meet a disabled student’s approved accommodation needs may be in violation of this policy.)
Sexual harassment constitutes prohibited discrimination on the basis of sex and is more particularly described in the University’s Sexual Harassment Procedures. (examples: students who taunt another student with sexual comments or demands or an employee who directs sexual comments towards a particular student may be in violation of this policy.)
Racial harassment constitutes prohibited discrimination on the basis of race. (examples: students who direct racial epithets toward another student on account of their race or employees who give disparate treatment to a student on account of their race may be in violation of this policy.)
Examples provided in the above paragraphs are intended to be for illustrative purposes only and are not intended to be all inclusive.
If an employee of the University (administrator, teacher or staff) receives a report or becomes aware of disability, sexual or racial harassment or if an employee of the University receives a report or becomes aware of harassment related to any of the protected classes of persons listed above, the employee will report this to either his/her supervisor or to Sally Herleth, Human Resources Director, McClain Hall 101, 100 East Normal Street, Truman State University, Kirksville, MO 63501 telephone (660) 785-4031, who shall ensure that such report shall be immediately investigated and disciplinary action taken where appropriate.
Employees who violate this policy are subject to disciplinary action including reprimand, suspension and dismissal from the University. Students who violate this policy are also subject to discipline pursuant to the Student Conduct Code through the office of Student Affairs and such discipline may include suspension and expulsion from the University.
Employees who believe they are the subject of disability, sexual or racial harassment or other harassment in violation of this policy may make a complaint to their supervisor or to Sally Herleth, Human Resources Director, McClain Hall, room 101, 100 East Normal Street, Truman State University, Kirksville, MO, telephone (660) 785-4031. Students who believe they are the subject of disability, sexual or racial harassment or other harassment in violation of this policy may make a complaint to Beth Kral, Office of Citizenship and Community Standards, Student Affairs, Student Union Building 1110, 100 East Normal Street, Truman State University, Kirksville, MO., telephone (660) 785-4111.
University residence hall staff under the supervision of the Office of Student Affairs will review any information sent by the University to parents, guardians or the spouse of any student who is seriously injured or who dies to prevent information that is racially discriminatory or racially harassing from being sent to such persons or, in the alternative, will decline to forward any information that is not inspected and approved.
(Approved and Adopted December 11, 2012)
Sexual Harassment Policy
Code of Policies of the Board of Governors, section 15.010.
The University is committed to the advancement of knowledge, to freedom of thought and inquiry, and to the personal, social, and intellectual development of its students. The University has a professional and ethical responsibility to provide a healthy living, learning, and working environment and a climate of academic freedom for all its members - students, faculty, and staff. To foster educational development and promote true academic freedom, the University requires an environment in which no person is intimidated, exploited, or coerced. These goals cannot be attained where sexual harassment exists. This policy is designed to promote behavior that supports personal and social development in an environment that fosters academic performance and intellectual growth. Its purpose is to ensure the academic freedom of everyone while protecting the rights of all.
Any student who believes he or she has been harassed by a member of the faculty or staff, or by another student, may obtain assistance by contacting Counseling Services, the Office of the Dean of Student Affairs, or the EEO/Gender Equity Office.
Accommodations for Persons with Disabilities
Persons with disabilities may obtain information as to the existence and location of services, activities and facilities of the University that are accessible to and usable by persons with disabilities by contacting the persons identified below.
Employees and job applicants with disabilities who seek information related to their work should contact the Office of Human Resources, Sally Herleth, Director, 101 McClain Hall, 100 East Normal Street, Truman State University, Kirksville, MO. 63501. Telephone (660) 785-4031.
Students with disabilities who seek information related to their academic program should contact Vicky Wehner, Coordinator of Student Disability Services at the McKinney Center, 100 East Normal Street, Truman State University, Kirksville, MO 63501. Telephone (660) 785-4478.
Other persons with disabilities who seek information as to the existence and location of University services, activities or facilities should contact Traci Hill in the office of the President at 200 McClain Hall, 100 East Normal Street, Truman State University, Kirksville, MO 63501. Telephone (660)-785-4100.