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Automobiles

Students living in the University’s residence halls are not permitted to maintain vehicles (except bicycles) on campus. Any resident student found to be maintaining a vehicle (except a bicycle) on campus will be subject to disciplinary action. Students with disabilities may request permission to maintain a vehicle on campus from the Office of Disability Services.

Intellectual Property

Introduction

As a creative community of teachers, artists and scholars, The University of the Arts (hereafter the “University”) is committed to encouraging the creation of new works, new ideas, and new forms of creative and scholarly expression. With that in mind, we have established a “Policy on Intellectual Property” (hereafter the “Policy”) that is intended to protect the interests of those who create as well as the interests of the University itself, which supports this creative and scholarly work.

1. Purpose & Scope: This Policy expresses the University’s approach to ownership of intellectual property. It covers all those who are a part of the University – faculty, staff, students, visiting artists, visiting scholars, or other participants enrolled, employed or affiliated with the University, and this Policy governs in all circumstances, unless the University has modified it through a specific agreement connected to a sponsored or commissioned work or as part of work under a grant or contract. Should there be any conflict between the provisions of this Policy and the terms of a separate agreement between the University and one of the individuals listed above, the terms of that separate agreement will govern.
2. Terminology: The following terms are used throughout the Policy and are defined in Appendix A
   1. Copyright
   2. Patent
   3. Trademark and Service Mark
   4. University Employee
   5. Students
   6. Work
   7. Sponsored Work
   8. Student Work
   9. Commissioned Work
   10. Work Made for Hire
   11. Independent Academic Effort or Creative Activity
   12. Substantial University Resources
3. The Rights of the Creator of IP works: We are indebted to the following institutions for their work on intellectual property policy which has informed this statement: Art Center College of Design, Berklee College of Music, Boston College, California Institute of the Arts, Carnegie Mellon University, Cornell University, Indiana University, Ithaca College, Maryland Institute College of Art, Rhode Island School of Design, Savannah College of Art and Design, Tisch School of the Arts, University of California, University of Minnesota, University of Rochester, University System of Maryland, Stanford University, Washington University in St. Louis, and Wheaton College.
   1. Faculty and Staff Work

      As a general rule, the University does not claim copyrights in journal articles, books, lectures, musical compositions, creative works, or other copyrightable works that are created through independent academic effort or creative activity and that are intended to disseminate the results of academic research and scholarship, and/or to exhibit forms of artistic expression on the part of faculty, staff, and students.

      Exceptions to this general rule include works that are sponsored works, commissioned works, or works involving the use of substantial University resources (see Section V and Appendix A), or works made for hire. (See Appendix A and also Section IV for the University’s ownership rights and rights of use.) Curricular proposals are deemed to be works made for hire. The University does not claim copyrights to syllabi created by faculty in the employment of the University. However, the University retains the right to use and reproduce syllabi for educational purposes.

      In terms of commissioned or sponsored works that are deemed works made for hire, the commissioning party is legally the author and thus owner of any such works. If a work made for hire is developed jointly by employees and/or students of the University and a non-University party, the copyright of the resulting work will be jointly owned by the University and that party, unless modified in a written agreement.

      Ownership of all patents relating to employee works and sponsored works is discussed in the section of this Policy that addresses patents.
      
      In the case of the use of substantial University resources, the authorizing parties within the University will develop a written agreement with the user of those resources to determine possible reimbursements, sharing of royalties, or other systems of compensation back to the University.
       
   2. Student Work
      
      The University makes no claim of copyright ownership in works created by undergraduate and graduate full-time, part-time, exchange, and “special status students” working on their own, or developed in the context of a course, i.e., without the use of substantial University resources, and outside of any employment by the University. The University also makes no claim of copyright ownership in works that are not sponsored, contracted, or commissioned by the University. Note the following rules:
      1. Students working on a project governed by an existing written agreement to which the University is a party are bound by all terms of that agreement.
      2. Students hired to carry out specific tasks that contribute to a copyrighted or patented work of the University retain no rights of ownership in whole or in part to that work or to the student’s contribution to that work.
      3. Students working collaboratively with University employees on projects that result in copyrighted or patentable works are granted the same rights and subject to the same limitations of ownership as would the employees working on their own. However, students working collaboratively with University employees are required to produce, sign, notarize, and file a written agreement outlining their rights before commencing on such projects. Either party has the right to initiate such agreement.
   3. Independent Contractor Work
      
      As a general rule, the University will only retain the copyright in a work that is created by an independent contractor if the University has specifically ordered or commissioned the work and if a written agreement designating the work as a “work made for hire” and/or requiring assignment of the copyright rights in the work has been executed and signed by both parties. Subject to this rule, all University employees will be considered independent contractors with respect to any work that bears no relation to their employment as defined by their regular employment contract, and/or if they do not receive additional compensation beyond that specified in their regular employment contract and/or do not use substantial University resources. Similarly, all University students will be considered independent contractors if the work carried out bears no relation to existing student employment and/or if they do not receive additional payment for the work and/or do not use substantial University resources.
       
   4. Patentable Work
      
      This Policy administers claims to patent ownership according to the procedures outlined below.
      1. General Principles
         1. Upon becoming aware of a potentially patentable invention or discovery, e.g., a potentially patentable article, method, apparatus or composition of matter, an employee of the University is required to report such finding promptly to the Office of the Provost if it has been created within the scope of employment as defined by the employment contract or job description, or if it is the result of substantial use of University resources. Such invention or discovery, if patentable, may be deemed the property of the University.
         2. All patentable work undertaken as a sponsored or commissioned work shall be deemed the property of the University unless otherwise provided for in a separate written agreement.
         3. Normally, all patentable work done by students created in a course shall belong to them. However, work that involves substantial University resources must be reported to the Office of the Provost and, if patentable, may be deemed the property of the University.
      2. Reporting Procedure
         1. This report should be made in the form of the completed Invention/Discovery Disclosure Form in effect at the time such invention or discovery is made.
         2. Upon the report of potentially patentable work, the University may decide to pursue an investigation into the patentability of the specific invention or discovery through the use of appropriate legal and technical counsel. All costs for such an investigation will be borne by the University. If the investigation reveals that the invention or discovery may be patentable, the University will decide whether to commence the patent application process, again bearing all fees and costs.
         3. In the case of inventions or discoveries that are the subject of applications filed by the University, all right, title and interest to the inventions or discoveries, including the applications and any patents issuing therefrom vests with the University, and all employees and students subject to this clause do hereby assign and agree to assign all such right, title and interest to the University and to sign all documents considered necessary by the University to perfect and/or record the ownership rights of the University set forth herein.
      3. Ownership and Royalties
         1. If the University does not pursue an initial patentability investigation with respect to an employee’s invention or discovery, or if the University decides upon investigation not to pursue a patent, or if the University discontinues pursuit of a patent at some point in the patent application process, the University may, in its sole discretion, which will not be unreasonably withheld, reassign ownership to the employee within a reasonable amount of time to be determined by the Intellectual Property Review Council (IPRC), which is described in Section VI below. At the employee’s request, the University will provide written notification to the employee of the University’s intent not to pursue a patent and a statement allowing the employee to pursue the patent.
         2. In those cases where the University fulfills its obligations to pursue the patent, and succeeds in securing that patent, the University will make the appropriate licensing arrangements, where applicable. All costs for such procedures are to be borne by the University, but will be recovered by the University from accumulated net income prior to any inventor or University distributions. The subsequent accumulated net income, including gross royalties, and licensing fees from the patented discovery, device, or system, less all related direct expenses, will be divided as follows, unless the parties agree otherwise in writing:
            
            The inventor’s share will be divided among his or her co-inventors, assistants, and any other relevant parties, as determined by a prior contract between the inventor, co- inventors, assistants, other relevant parties and the University. The inventor’s share will continue regardless of his or her subsequent employment status with the University. The Patent License Agreement Form attached hereto reflects the University’s standard approach to licensing patent rights, but such approach may be changed or modified at the sole discretion of the University.
             

            	first $5,000 net	$5,001-$50,000 net	above $50,000
            Inventor	100%	50%	40%
            University	0%	50%	60%

            If after a patent is obtained by the University and after a reasonable amount of time and reasonable amount of effort there has been no successful licensing of the patent, the inventor may apply to the Intellectual Property Review Council (IPRC) to have the patent re-assigned to him/her. However, reassignment shall be at the sole discretion of the University, which shall not be unreasonably withheld. In the event of such a reassignment the inventor shall grant to the University a royalty-free, non-exclusive, worldwide license to employ the invention(s) for the sole use of the University, unless the University specifically waives its right to such a license, in writing.  

4. University Ownership Rights and Rights of Use:

   The University retains the royalty-free right to archive, use and reproduce works that it does not own, including faculty, staff, and student works, and the work of independent contractors using University facilities, not subject to “work made for hire” agreements. The University’s use is limited to non-commercial use, e.g., uses in support of education and scholarship, research, exhibition, archiving, accreditation, development, alumni relations, and promotion of the University and its activities generally.

   The University retains ownership of sponsored works, commissioned works, or works involving the use of substantial University resources (see Appendix A and Section V), or works made for hire (see Appendix A). The University retains all such rights unless they are modified by the specific terms of a written agreement. The rights of the University to a non-exclusive, global license to use and reproduce copyrighted materials for educational, research, and promotional purposes must be included in any agreement with a non-University sponsor.
   1. Trademarks

      The University of the Arts, on behalf of itself and other such established University entities, claims ownership and exclusive right to use all relevant marks. This Policy is designed to protect the reputation of the University and related entities, and to prevent income from being generated through illegal or unapproved use of the University marks. The University’s marks include any and all names, logos, insignias, and related words, phrases, and images used by the University and its related entities.

      No University mark may be used without the prior, written authorization of the appropriate authorities in the University. However, faculty, staff, and students may use the mark for professional identification or affiliation. All products and services bearing the University’s marks and distributed for sale or other promotional purposes are subject to the licensing policies of the University.

      All requests for use of University marks must be submitted in writing to the Director of University Communications. If the party seeking permission to use a University mark is an entity outside of the University, be it a business, institution, organization, or an individual, that party must sign a license agreement with an official agent of the University authorizing its use of the requested University mark(s). The Director of University Communications retains information concerning what names, logos, insignias, and related words, phrases, and images currently comprise the University’s marks.
5. Substantial Use of University Resources: Although “Substantial University Resources” is defined (see Appendix A), it is acknowledged that such resources and their use may change over time, with changes in technology, physical infrastructure of the University, modes of employment, etc. Therefore, this Policy allows the Intellectual Policy Property Review Council (IPRC) to review the definition of “substantial use” in a regular manner in order to establish an appropriate standard. At the same time, this Policy allows appeal by all parties to the IPRC, as described below.
    
6. Review Scheme:

   There will be an Intellectual Property Review Council (IPRC), comprising members drawn from the faculty, staff and administration of the University. The IPRC will comprise seven members, four of whom must be faculty. Membership in the IPRC will be determined on a yearly basis before the end of the academic year by the Provost in consultation with the standing members of the IPRC. Each year, the IPRC will designate three standing members, who will continue in service into the subsequent year.

   The IPRC is responsible for reviewing appeals regarding ownership, questions arising out of the substantiality of the use of University resources, and related disputes. The IPRC will make annual recommendations to the Provost on changes to this Policy, working from issues that have arisen that academic year, and based on recent changes in the general legal, technological, academic, and business environment. All changes to this policy will be made available to the University community.

   During the academic year, the IPRC is required by this Policy to address all issues brought to it within 15 working days, and present a preliminary response in writing within 30 working days from the day on which the issue was first presented to the administration and those parties involved in the question. While issues may be submitted to the IPRC during the summer, the IPRC’s review cycle will not begin until the first work day of the subsequent semester. A final resolution in writing will be issued in a timely matter, which may not exceed 60 working days from the date on which the issue was presented, such resolution to be submitted to the appropriate administrators and the involved parties.
    
7. Reservation of Rights: The University reserves the right at any time in its sole discretion to modify and/or make changes to the Policy as advisable or appropriate. The University agrees, however, that it will endeavor to notify the entire University community through both print and electronic means of its intention to make modifications and/or changes to the Policy at least 30 working days prior to their enactment.
    
8. Effective Date: This Policy is effective from October 31, 2008 and will remain in effect until modified or revoked by the University.
    
9. Jurisdiction: The University shall have the right to determine the most appropriate forum for any litigation and in addition to applicable federal laws, the laws of the Commonwealth of Pennsylvania without regard to choice of law provisions shall also apply in interpreting any contract or property issues raised by this Policy.
   
   Accepted with the intention of being legally bound under the laws of the Commonwealth of Pennsylvania.

Appendix A: Definitions of Terms Used in Policy

1. Copyright: Copyright is the intangible property right granted for a limited period of time by federal statute (Title 17 of the U.S. Code) for an original work of authorship fixed in any tangible form of expression. Copyright provides the owner of a “work” (defined in F.(a) below) with a number of exclusive rights including the exclusive right to reproduce the work, to prepare derivative works based on the work, to distribute the work by sale or otherwise, to display the work publicly and to perform the work publicly (if relevant).
2. Patent
: A United States patent is a property right granted by federal statute that permits the owner to exclude others from engaging in a number of activities including the making, using, selling or importing of a claimed invention throughout the United States for a set period of time. In the United States, an invention must be useful, novel, and non-obvious to be eligible for patent protection. Similar rights are granted in other countries, but the discussion of Patents in this Policy will focus specifically on United States patent rights.
3. Trademark and Service Mark: 
A trademark or service mark is a distinct word or phrase, name, symbol, device, picture, graphic or some combination of these elements that is used in trade to identify goods or services. A trademark/service mark (hereinafter collectively, a “mark”) serves both to identify the source of goods/services and to distinguish those goods and services from the goods and services of others. A mark owner can prevent other entities from using the same or a similar mark in a manner that dilutes famous marks of others, or to identify overlapping or related goods and services.
4. University Employee: 
A University Employee is a full-time or part-time faculty member, visiting faculty, artist, scholar, or fellow (as defined in the Faculty Handbook attached hereto), or a full-time or part-time staff member (as defined in the Staff Handbook attached hereto), or student, who is employed by the University or who is working under a University contract, either expressed or implied.
5. Students
: A Student is a regularly registered, full- or part-time, undergraduate or graduate at the University. It includes students attending the University as “special status students”: e.g., as participants in Professional Institute for Educators (PIE), Continuing Education (CE), the Pre-College or Saturday programs; or in exchange programs or through special grants or fellowships.
6. Work: 
A Work in this Policy is defined as any intellectual property that may be:
   1. a copyrightable expression, including literary works; musical works (including any accompanying words); dramatic works (including any accompanying music); pantomimes and choreographic works; pictorial, graphic, and sculpture works; motion pictures and other audio-visual works; sound recordings; and architectural works. These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”
   2. a patentable composition, method, device, article or other technology, or system, as defined by United States federal statute.
   3. goods or services that merit a trademark or service mark.
7. Sponsored Work: 
A sponsored work is a Work (as defined above) that is produced or created pursuant to a written agreement between the University and a sponsor. Sponsored works do not include works created through independent academic effort or creative activity, even when based on the findings of the sponsored project, so long as an agreement does not state otherwise.
8. Student Work: 
A student work is a Work that is produced or created by a registered full-time or part- time undergraduate, graduate, or “special status student” of the University without the substantial use of University facilities or equipment or the direct use of University funds (where student financial aid and/or scholarships would not be considered “University funds”), that is produced or created outside of any employment by the University, and that is not sponsored, contracted, or commissioned by the University.
9. Commissioned Work: 
A commissioned work is defined as a Work that is produced or created pursuant to a written agreement with the University and for University purposes by (a) individuals not under the employ of the University and/or (b) University employees acting outside the scope of their regular University employment, as determined by their existing University employment contract.
10. Work Made for Hire
: A “work made for hire” is defined by the United States Copyright Act (Section 101) to be a copyrightable work “prepared by an employee within the scope of his or her employment.” Pedagogical, scholarly, and artistic works are typically not considered by the University to be “works made for hire.” Pedagogical and scholarly works include scholarly articles and papers written for publication in journals, presentations and scholarly papers prepared for seminars and conferences, and teaching materials, including classroom lectures, seminars, presentations, and online media. Artistic works include but are not limited to photography, film, audio-visual works, sculpture, painting, choreography and the like. Curricular proposals are deemed to be works made for hire.
    
    The Copyright Act also notes that a work made for hire includes “a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.”
    
    Examples of works made for hire include software programs created within the scope of an employee’s duties by a staff programmer for a computer company, a newspaper article written by a staff journalist for the newspaper that employs him/her, and a musical arrangement or ditty written for a music company by a salaried arranger on its staff.
11. Independent Academic Effort or Creative Activity
: Independent academic effort or creative activity is defined as the inquiry, investigation, research, or creative activity that is carried out by faculty, staff and students of the University that advances knowledge or the development of the arts, sciences, humanities, or technology where the specific direction, methodology, and content of the pursuit is determined by the faculty, staff member(s), or student(s) without the direct assignment, supervision, or involvement of the University.
12. Substantial University Resources
: Any substantial use of University equipment, facilities, time, personnel, and monetary expenditures is considered a use of “substantial University resources.” This use does not include resources commonly provided to University faculty and staff, such as offices, library facilities, basic artistic facilities, and everyday telephone, computer, and computer network support. However, substantial time spent in the use of these latter resources may constitute the use of “substantial University resources.” Resources not considered “commonly provided” include specially procured equipment or space, additional staffing or personnel, utilization beyond normal work hours of University personnel, and monetary expenditures that require a budget. Faculty may use the basic artistic facilities unless use infringes on student use of those facilities for coursework.

Non-academic Grievances

In the course of day-to-day interactions within the University, students may encounter circumstances which lead them feel that a member of the University community (including faculty, staff, or administration) has not treated them with respect or fairly considered the students’ point-of-view. For redress of such grievances, students are strongly encouraged to address their concern first in direct conversation with the person in question. If resolution is not possible after such dialog, the student should submit a letter or e-mail (from his/her UArts e-mail account) describing the grievance to the direct supervisor of the given faculty member, staff member or administrator, with a copy sent to the individual against whom the student has the grievance. A student seeking assistance with a non-academic grievance may meet with the Associate Vice President for Student Services for guidance.

Please note that non-academic grievances must be filed no later than the end of the semester following the semester in which the incident occurred.

A student with a grievance pertaining to an academic matter, sexual harassment or an alleged violation of the Student Code of Conduct should consult specific sections (Academic Grievances, Sexual Harassment, Student Code of Conduct) of the Course Catalogue and/or Student Handbook for a full explanation of procedures in such cases. See Student Handbook.

Office of Educational Accessibility

Students seeking accommodations and services through Office of Educational Accessibility are expected to self-advocate and disclose fully the nature of their disability. Federal regulations require that students provide appropriate documentation of a disability which substantially limits one or more major life activities to Disability Services before accommodations can be made. Accommodations are tailored to the specific needs of each individual student in order to maximize their potential and will, therefore, differ from student to student. Such accommodations are not retroactive, and any work done prior to self-disclosure through Disability Services, regardless of other avenues of disclosure, is to be evaluated without regard to accommodations which may be provided following self-disclosure. The failure to provide accommodations prior to self-disclosure shall not constitute grounds for a grade appeal based on a disability and will not be taken into consideration for any work done prior to faculty notification through the Office of Disability Services.

While disclosure of a disability is voluntary, students are highly encouraged to meet with the Disability Services Advisor as early in their UArts career as possible to ensure the highest levels of success. The Disability Services Advisor is available for regular appointments as well as drop in consultation on issues related to your experience at the University of the Arts.

School Closings

In the case of inclement weather, there are a number of ways to determine if the University is open. Check status early and often, as information can be updated at a moment’s notice.

Call (215) 717-6000 or (215) 717-6996.
Visit http://www.uarts.edu
Check your UArts e-mail account.
Sign-up for UArts Alerts

Tune in to any Philadelphia television station or visit their websites:

• http://www.cbs3.com
• http://www.wpvi.com
• http://www.nbc10.com
• http://www.myfoxphilly.com
• http://www.kyw1060.com or tune in to KYW News Radio 1060 (UArts is number 116)

To check the status of Continuing Education courses, call (215) 717-6095. A determination will be made by 2 p.m. for weeknight classes and 7:30 a.m. for weekends.
Please refer to the Academic Calendar for scheduled school closings and holidays. Regularly observed holidays include New Year’s Day, Martin Luther King Jr. Day, Memorial Day, the 4th of July, Labor Day, Thanksgiving and the following day, and Christmas. Students must be permitted to observe all religious holidays required of their faith and their practice, with the understanding that they remain responsible for all work missed or required. Some religious holidays, Yom Kippur in the Jewish faith, or Good Friday for Catholics, among others, will likely involve a number of students missing class. Faculty should plan their syllabi so as to avoid to the fullest extent possible exams or other major events on such days.

Sexual Harassment & Other Prohibited Harassment

The University of the Arts is committed to maintaining an environment in which students, faculty, and staff can pursue academic, artistic, and professional excellence. This environment can be secured only through mutual respect and unconstrained academic and professional interchange among faculty, staff, and students. Faculty, staff, and students of the University are entitled to participate in and obtain the benefits of University programs, activities, and employment without being discriminated against on the basis of their gender, race, color, religion, age, ethnicity, national origin, short or long term disability, sexual orientation, gender expression, veteran status, economic status or political affiliation. The University regards any act of sexual harassment or harassment because of gender, race, color, religion, age, ethnicity, national origin, short or long term disability, sexual orientation, gender expression, veteran status, economic status or political affiliation to be a violation of the standards of conduct required of all persons associated with the institution. The prohibition against sexual harassment and other forms of harassment applies to all interactions occurring on campus, in University facilities, or within the context of University-related activities. The rights defined by this policy apply to all faculty, staff, and students of the University, and the obligations are binding on all faculty and staff as part of their employment, regardless of tenure or years of service, and all students, regardless of academic status. Harassment constitutes a serious offense and the University will take all necessary disciplinary actions to eradicate it from the University. Those who commit harassment prohibited by this policy are subject to the full range of discipline, up to and including immediate dismissal from the University faculty or employment, or expulsion from the University, as appropriate. The prohibitions set forth in this policy include acts of retaliation against members of the University community who have filed complaints under this policy.

What is Harassment/Sexual Harassment?

Harassment can take many forms, and is not necessarily sexual in nature. It may be, but is not limited to, unwelcome physical contact, intimidation, words, messages and sometimes even jokes and pranks. Keys to determining whether conduct is harassment include (i) whether it is unwelcome or unwanted; (ii) whether it is of the type that a reasonable, objective person would find offensive, hostile, or abusive; and (iii) whether the harassment is based on a protected status such as gender, race, or religion. The term “sexual harassment” has a special meaning and refers to unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, advancement, or success at the University; (2) submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual; or (3) such conduct has the purpose or effect of creating an intimidating, hostile, offensive, or abusive working or educational environment, or otherwise unreasonably interferes with an individual’s terms and conditions of employment or enrollment as a student. Sexual harassment also may include:

• unwanted physical contact or conduct of any kind, including sexual touching, lewd gestures, or flirtation;
• unwelcome sexual advances or propositions;
• requests for sexual favors;
• verbal abuse, threats, or jokes of a sexual nature;
• demeaning, insulting, intimidating, or sexually suggestive comments about an individual or his or her dress or body;
• the display in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects, words, or pictures, including nude photographs;
• the broadcast, publication, communication, or electronic mailing of demeaning, insulting, intimidating, or sexually suggestive written or recorded messages or images.

Although these examples of conduct may constitute harassment, it must be stressed that some of the types of conduct outlined above do not always rise to the level of prohibited harassment. Each situation must be evaluated in context. Similarly offensive conduct directed at an individual because of his or her gender, race, color, religion, age, ethnicity, national origin, short or long term disability, sexual orientation, gender expression, veteran status, economic status or political affiliation also may constitute prohibited harassment.

Staff/Student Interaction-Additional Prohibitions

In addition to the general prohibitions against harassment of any type, the University imposes an obligation on its staff members with regard to their interactions with students. No staff member may ask for a date, make a sexual advance to a student, or in any other way become romantically or sexually involved with a student. This rule is for the protection of students, staff, and the University. If a staff member has any doubt or question about whether his or her relationship with a student violates this policy, the staff member should refrain from further interaction with the student and contact the Director of Personnel Services for advice. A staff member may not use, in any way, his or her status as a staff member to intimidate a student or advance a personal or sexual relationship.

Procedures for Reporting Sexual Harassment

A student, employee or faculty member who feels that he or she has been the victim of harassment, must promptly report, either orally or in writing, the harassment to the (i) the Director of Personnel Services, who also serves as the Equal Opportunity Officer for the University, or (ii) the Provost when the alleged harassing party is a member of the faculty; or (iii) the Vice President for Student Affairs, Dean of Students when the alleged harassing party is a student. The matter should be reported as soon as possible after the conduct has occurred, so that it can receive prompt and appropriate attention. If, for any reason, the student, employee, or faculty member is uncomfortable discussing such matters with one of the above officials, he or she must promptly report the matter to the President, or if they are unavailable, to the most senior available administrator. In the event that a complaint of harassment formal or informal, written or oral, from the alleged victim or otherwise is made to an administrator, faculty member, or staff supervisor other than those specifically identified above, that administrator, faculty member or staff supervisor must: (a) inform the person making the complaint that the matter will be referred to the Director of Personnel Services; (b) ask the person making the complaint to write down the conduct or event(s) believed to be harassment, or record the complaint and obtain the alleged victim’s agreement that the record is accurate; and (c) promptly report, either orally or in writing, such complaint to the Director of Personnel Services. Every University administrator, faculty member, and staff supervisor has a duty to maintain a workplace/educational environment free of any form of harassment.

Investigation Process

In the event of any report, orally or in writing, of harassment, a prompt inquiry will be made to determine whether any harassment has occurred. If a preliminary inquiry into the matter indicates there may be validity to the charges, then the University will promptly proceed with a formal, thorough, and impartial investigation. If such a formal investigation proceeds, interviews and/or statements will be obtained from all available involved parties, including the accuser, the accused, and witnesses, if any. If applicable, documents and other evidence will be reviewed. During the investigation, intermediate measures such as scheduling changes to avoid contact between the parties may be taken to ensure that further harassment does not occur. The investigator(s), upon completion of the factual investigation, will reach factual conclusions, summarize them in writing, and report them to the Director of Personnel Services. Based upon the factual investigation and conclusions, and any other information that becomes available, the Provost, Vice President for Student Affairs, Dean of Students, or Director of Personnel, in consultation with the investigator(s), will reach a conclusion as to whether harassment occurred.

Remedial and Disciplinary Measures

If harassment is found, the University will take immediate steps to stop the harassment, implement appropriate corrective and disciplinary action, and initiate any necessary preventive measures to ensure the harassment does not occur again. Even if the University concludes that harassment did not occur, or that it is unable to determine one way or the other what occurred due to the lack of verifiable or credible evidence, the University may take disciplinary or preventive measures, such as training and monitoring, to ensure harassment does not occur in the future. Within 14 days of the complaint to one of the above officers (or after a longer period, if needed), the Director of Personnel Services, in conjunction with the Provost, or the Vice President for Student Affairs, Dean of Students, as applicable, has the authority, after investigation, to resolve the matter with or without the imposition of sanctions. A written record of the complaint, any investigation, and the resolution of the complaint will be kept in a confidential file in the Director of Personnel Service’s office. Any conclusion from the inquiry or investigation will be communicated to both the accuser and the accused, stressing the confidentiality and anti-retaliation provisions outlined in this policy. The accuser and the accused shall have the right to review the written factual findings and conclusions of the investigator.

Further Review

If the complaining party or the accused party is not satisfied with the resolution of the matter, he or she may request a meeting with the President within seven days of being informed of the proposed resolution. The complaining party and the named harassing party have the right to appear before the President, or the President’s designated representative for the matter, to provide information and to answer questions. The Provost may provide additional information relating to the investigation and alleged harassment. At the conclusion of any such review, the President shall either affirm the prior conclusion or recommend alternative action. A written determination will be issued, and both the complaining party and the accused will be informed of this decision. No further University review is available. If a recommendation for dismissal is not upheld after exhaustion of the tenured faculty appeal process, the President shall nonetheless take remedial actions, including disciplinary actions short of dismissal, which are reasonably calculated to prevent any future harassment. Such actions are not subject to further review.

Retaliation Prohibited

Retaliation or reprisal of any kind against anyone reporting allegations of harassment, or cooperating in an investigation of such a report, is strictly prohibited. Such retaliation shall be considered a serious violation of this policy and shall be punishable by discipline up to and including termination, regardless of whether the charge of harassment is substantiated. Examples of prohibited retaliation include: threatening reprisals against the employee or student who complained or cooperated in the investigation; unfairly changing the evaluations, assignments, or working conditions of such a student or employee; or otherwise continuing any harassment against such person. If an employee or student is found to have intentionally lied about a claim of harassment, or brought the claim in bad faith, knowing that the allegation is false, then that employee or student may be subject to discipline.

Questions Regarding the Harassment Policy & Procedure

All questions regarding this Policy and Procedure should be directed to the Director of Personnel Services or to the Vice President for Enrollment, Retention and Student Affairs.

Smoking Policy

The University of the Arts maintains a smoke-free environment. Smoking is permitted only out of doors.

Solicitation

In an effort to assure a productive and harmonious work environment, persons not employed by the University of the Arts may not make solicitations or distribute literature at the University at any time for any purpose.

The University recognizes that students and alumni may have interests in events and organizations outside the University. However, students and alumni may not make solicitations or distribute literature concerning these activities on the University campus or by electronic mail.

Substance Abuse Policy

The members of the University of the Arts community and their health and safety are of paramount concern. The University will not tolerate drug and alcohol abuse, as it imperils the health and well-being of its faculty, staff, and students, and threatens the operation of its educational programs.

The use, possession, or distribution of illegal drugs and abuse of other controlled substances, in or out of class, or on University premises is inconsistent with law-abiding behavior expected of all students, and may result in discipline, up to and including expulsion.

The University prohibits the illegal and/or unauthorized manufacture, sale, or delivery, holding, offering for sale, possession, or use of any controlled substance as defined under the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. Section 780-102, the Uniform Controlled Substances Act, the Uniform Narcotic Drug Act, or the Federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 301 et seq., on University property.

Such controlled substances for the purposes of this policy shall include but not be limited to alcoholic beverages, narcotics, hypnotics, sedatives, tranquilizers, stimulants, hallucinogens, and other similar known or habit-forming drugs and/or chemicals as defined under the aforesaid laws.

Workplace Violence

The University is committed to maintaining a safe working, learning, and living environment for all members of the University community.

Threats, acts of aggression, and violence are unacceptable in the University community. Any such threat or violent act, regardless of intent, will be considered serious misconduct and may be the basis for disciplinary action, up to and including dismissal.

In addition, the University prohibits the possession of firearms, explosives, and other dangerous weapons on campus and at University functions off campus.