Talking to a counselor does not constitute reporting the incident; however, the counselor can help a student to report the incident if he/she chooses to do so. Talking to a counselor and/or reporting the incident can be initiated at any time. It does not have to be immediate and it does not depend on the collection of physical evidence. Members of the health and counseling services staff and the chaplain are confidential resources and do not investigate incidents. They do not make identifiable reports of incidents to College staff unless the student requests them to do so. Faculty, staff, and administrators outside of these three areas are not confidential resources. If a student discusses the incident with a College staff member or a faculty member (with the exception of therapists from counseling services, health services personnel and the chaplain) the staff member or faculty member must contact student affairs or public safety staff to file a report or an Anonymous Report of Sexual Misconduct as required by the Clery Act. 

In the immediate aftermath of sexual misconduct such as sexual assault or rape, medical care and the collection of physical evidence are very important. The individual should not shower, bathe, or change clothes and may be taken to the hospital emergency room or health services (717-867-6232, 9 a.m.–6 p.m., Monday–Friday) as soon as possible.

Incidents should be reported to one of the following offices:

• Vice President of Student Affairs and Dean of Students: ext. 7233, 717-867-6238
• Associate Dean of Student Affairs: ext. 6233, 717-867-6863
• Residential Life: ext., 6230, 717-867-6230
• Public Safety: ext. 6111, 717-867-6111

• Annville Township Police Department: 717-867-2711
• Sexual Assault Resource and Counseling Center: 717-272-5308
• Good Samaritan Hospital: 717-270-7500
• Hershey Medical Center: 717-531-8521

The decision of whether or not to report a case of sexual misconduct, sexual harassment, or sexually inappropriate behavior can be a difficult one, especially in the immediate aftermath of the incident. Talking with a trained counselor can be extremely helpful in dealing with the emotional trauma and in arriving at a decision about whether or not to report the incident. The counseling staff at Lebanon Valley College is available to help. All information will be held in strict confidence except as otherwise permitted by law.

Victim Advocacy Program
Lebanon Valley College has trained advocates who have been selected from our own faculty and staff. The purpose of providing an advocate to the complainant of sexual misconduct/assault is to offer support during a time or great stress. She/he may not fully be aware of what her/his options are based on her/his compromised position after the alleged misconduct/assault. The advocate can accompany the student throughout any part of the College process. A student-chosen advocate may offer support with regard to the emotional, medical, and legal ramifications after alleged sexual misconduct/assault on campus. The following individuals serve as LVC Victim Advocates:

• Dr. Marianne Goodfellow, Associate Professor of Sociology, Humanities 202, 717-867-6157, goodfell@lvc.edu
• Carol A. Miller, Head Field Hockey Coach, Arnold Sports Center, 717-867-6268, cmiller@lvc.edu
• James F. O’Brien, Arnold Sports Center Secretary, Arnold Sports Center, 717-867-6360, obrien@lvc.edu
• Venus Ricks, Director of Multicultural Affairs, Center for Student Engagement, 717-867-6165, ricks@lvc.edu

1. Identity of Title IX Coordinator and Deputies and OCR Information.

The following person has been designated as the College's Title IX Coordinator:

The following individuals have been designated as Deputy Title IX Coordinators:

Inquiries concerning the application of anti-discrimination laws may be referred to the Title IX Coordinator or Deputy Coordinators identified above or to the Office for Civil Rights, United States Department of Education. Visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the U.S. Department of Education office that serves your area, or call 1-800-421-3481.

2.Reporting

Any individual who believes he or she has been a victim of sexual misconduct, harassment, and/or discrimination in any form should bring the matter to his/her supervisor, and/or the Title IX Coordinator or any of the Deputy Coordinators.
All members of the faculty and administration and all supervisors are required to report incidents of harassment and/or discrimination, including but not limited to, sexual harassment and gender discrimination, sexual misconduct, and sexually inappropriate behavior, that they observe or of which they become aware through any means, to the Title IX Coordinator and/or any of the Deputy Coordinators. The College also encourages other staff members and students to report incidents of harassment and/or discrimination that they observe or of which they become aware, to the Title IX Coordinator or any of the Deputy Coordinators. 

When the victim of sexual misconduct is a minor or some other person unable to give consent, it is called sexual abuse. If you have suspicion of sexual abuse or any form of child abuse at LVC, you should report it to your supervisor, department chair, and/or the Title IX Coordinator or any of the Deputy Coordinators. If you are a supervisor or department chair who receives a report of suspected sexual or other child abuse, you must immediately inform one of the offices below. Such reports will be dealt with promptly, and confidentiality will be maintained to the greatest extent possible. 

• LVC Public Safety (24 hours): 717-867-6111 
• LVC Student Affairs: 717-867-6233 
• LVC Human Resources: 717-867-6415 

If you witness or otherwise have direct knowledge of an incident of sexual or other child abuse at LVC, you should report it to your supervisor or department chair, and/or the Title IX Coordinator or any of the Deputy Coordinators and to one of the offices above and, in addition, to local law enforcement authorities (see phone number below). You should take action to safeguard the victim if circumstances allow. 

• Annville Police Department: 717-867-2711
• In an Emergency, call 911 

• The health, safety, or well-being of any individual is in jeopardy
• An individual is in need of immediate medical assistance
• Criminal or questionable activity is in progress

3A. Investigation (Faculty, Administration, and Staff Respondents)

All reports/complaints will be taken seriously. The Title IX Coordinator will ensure that all reports/complaints are promptly, thoroughly, and impartially investigated. Unless otherwise directed by the Title IX Coordinator, all investigations will be conducted by the Human Resources Office, which may involve other offices, as appropriate. The investigator(s) will inform the Respondent about the College’s policy regarding such behavior, and advise the Respondent that retaliation is prohibited. In determining whether alleged conduct constitutes a violation of this policy, Lebanon Valley College will consider all relevant information and circumstances. Confidentiality will be maintained throughout the investigation to the extent practical and consistent with the College’s need to undertake a full and impartial investigation.

Absent exceptional circumstances, the investigation shall be conpleted and a written report submitted in a prompt manner. That report will be submitted to the general officer overseeing the Respondent.

a. Confidentiality. Confidentiality will be maintained throughout the investigation process to the extent practical and consistent with the College’s need to undertake a full and impartial investigation. College personnel shall refrain from disclosing any information in connection with student behavior or discipline in a manner that would tend to result in the identification of individual students. Nothing in this section shall prevent the disclosure of such information under circumstances required by law. Confidential records of complaints will be maintained by the Title IX Coordinator. Such records may be discoverable in a court of law (i.e., records may be subpoenaed or otherwise subject to discovery or court order).

Policy and Guidelines on Public Expression Activities
I. Policy Regarding Public Expression Activities
Freedom of Public Expression

Lebanon Valley College is committed to providing an environment where issues can be publicly discussed and explored. The freedom to exchange views publicly is essential to the life of the College. In order to provide an atmosphere in which open communication can occur without disrupting the academic mission or the daily functions of the College, the College is introducing this policy which shall govern all forms of public expression activity including campus meetings and forums, public demonstrations, public speeches, and the distribution and/or posting of written materials carried out in connection with these activities.

Lebanon Valley College affords all members of the College community (defined as currently enrolled students, currently employed members of the faculty, administration, and staff, and officially recognized student, faculty, administrative, or staff organizations) substantial privileges with respect to freedom of speech and expression. The College encourages a balanced approach in all communications and the inclusion of contrary points of view. This freedom, however, is subject to reasonable restrictions of time, place, and manner so that the activities do not intrude upon or interfere with the academic mission and daily functions of the College, or with other rights of members of the College community as defined under College policy.

Note that these policies and guidelines refer to public—out-of-class—activities, not to the conduct of classes themselves or to other normal course-related aca-demic activities where standards are determined by faculty practice and authority.

Basic Principles of Free Expression
Anyone choosing to engage in any form of public expression at the College must adhere to and observe these basic principles of freedom of expression:

In accordance with the free traditions of the College community, audiences shall be allowed to ask questions of speakers unless considerations of time, format, or the like indicate otherwise.

1. Groups or individuals engaged in public expression activities must take upon themselves the responsibility for seeing that reasonable order and decorum are maintained in their activities.
2. Public expression activities cannot be unlawful and must not violate or conflict with local, state, or federal laws. Such activities must not violate the College’s Harassment policy or any other College policy.
3. Public expression activities cannot jeopardize public or individual safety.
4. The public expression of views and opinions cannot prevent, impede, unduly obstruct, disturb, or interfere with the following:
• Regular academic activities conducted in classrooms, laboratories, study facilities, libraries, or other facilities
• Regular business activities of the College
• The regular functioning of the College’s residence hall communities
• Pedestrian or vehicular traffic
5. In accordance with the free traditions of the College community, audiences shall be allowed to ask questions of speakers unless considerations of time, format, or the like indicate otherwise.
6. The speaker’s ability to speak and the audience’s right to see and to hear a speaker may not be unreasonably impeded.
7. It is assumed that all events will be open to those wishing to attend unless publicity indicates that the event is for members only.
8. Non-members of the College community are not permitted to be actively involved as speakers, presenters, entertainers, etc. in public expression activities on College property (except as members of the audience at events open to the public) unless they are invited and sponsored by an academic/administrative department or a recognized student or faculty organization.

II. Guidelines for Public Expression Activity on Campus
To clarify expected behaviors for public expression activity, the College offers the following definitions and guidelines for such activity:

Examples of “Public Expression Activities”
Public expression activities include the following: assemblies, demonstrations, debates, forums, rallies, protests, picketing, public speeches, sit-ins, etc. that are held on College property and that are open to the general campus community.

Definition of “Members” and “Non-Members” of the College Community
Currently enrolled students, currently employed members of the faculty, administration, and staff, and officially recognized student, faculty, administrative, or staff organizations are understood to be “members of the College community” as used in this policy and these guidelines. In addition to individuals who do not belong to any of these identified groups, groups or organizations that include one or more persons who are not members of the College community as active participants in the planned speech/demonstration are considered “non-members of the College community.”

Definition of “Sponsor”
A sponsor is a recognized student or faculty organization or an academic or administrative department that invites a non-member of the College community to speak or demonstrate on campus. Individual members of the College community can serve as sponsors only through the support of their department or recognized organization.

Responsibilities of a Sponsor
The sponsor must agree to take on the following responsibilities for the on-campus activities of a non-College individual, group, or organization:

1. The sponsor is responsible for assuring that the activities of the sponsored individual or group are carried out in accordance with the expectations delineated in the College Policy on Freedom of Public Expression and these Guidelines.
2. The sponsor must be clearly identified in all publicity materials, and at the beginning of the event itself.
3. If the College determines that additional security measures are necessary to assure compliance with the Policy on Freedom of Public Expression, the sponsor must agree to such additional security and shall be responsible for the cost of these additional security measures.

Notice of Time of Public Expression
Public expression activities must be conducted at times such that they do not create a disruption of College work. Members of the College community engaging in public expression activities are encouraged to give prior notice of their plans to the vice president of academic affairs and dean of the faculty and vice president of student affairs and dean of students or their designees at least 24 business hours prior to the event. This prior notice will help assure that the policy and guidelines are followed.

In the case of public expression activities by individuals or groups that are not members of the College community, the sponsor of public expression activities by non-members of the College community must give prior notice of its plans to the vice president of academic affairs and dean of the faculty and vice president of student affairs and dean of students or their designees at least 48 working hours prior to the event. This prior notice will help assure that this policy and these guidelines are followed.

Location/Place of Public Expression Activities
The College reserves the right to designate the location of public expression activities both by members and non-members of the College community. The College may specify an area as being especially suitable for such activities such as the plaza of the Yuhas Commons as an example of a location that meets the basic requirements of the principles described in this policy and in these guidelines. Groups may be encouraged to consider the plaza of the Yuhas Commons as a primary location for public expression activities on campus. The College also reserves the right to relocate or suspend any assembly that becomes disruptive to the normal operations of the College or that violates College policy.

Manner of Public Expression on Campus
Principles of Free Expression: The Principles of Free Expression as set forth in the College’s Policy on Freedom of Public Expression must be followed.

College/Personal Property: Damage or destruction of property is prohibited.

Signs: Illuminated signs and flashing lights may not be used. Hand-held signs are permitted, but they may not be placed on or affixed to the ground or structures.

Amplification Equipment: The College reserves the right to restrict the use of amplification equipment in association with any public expression activity. The use of amplification must be approved by the College in advance of the activity, and can be prohibited altogether.

Structures: The placing or erecting of structures of any size or material is prohibited.

Pamphlets: Papers, pamphlets, and similar materials may be distributed in person by members of the College community or by sponsored non-members of the College community.

The Public Distribution and Posting of Written Materials
Members of the College community are permitted to publicly distribute written materials in accordance with the Policy and Guidelines on Freedom of Public Expression.

Non-members of the College community are not permitted to publicly distribute written materials on College property unless they are invited and sponsored by an academic or administrative department or a recognized student or faculty organization.

General Prohibition: Except as permitted herein, no poster, notice, handbill, or any other form of announcement or statement may be placed on, attached to, or written on any structure or natural feature of the campus such as the sides of doors or buildings, windows, the surface of walkways or roads, fountains, posts, waste receptacles, or trees.

Buildings: Postings within Campus buildings are permitted only on bulletin boards designated as “general purpose” bulletin boards.

No Other Locations: No postings may be made in any location other than those designated in these guidelines without prior approval from the vice president of students affairs and dean of students.

Identification: Any postings must clearly and prominently identify the organiza-tion/individual responsible for the posting.

Time period for posting: All postings must be dated. The College may remove any out of date postings.

Chalking: Chalking is not permitted on sidewalks, plazas, buildings, or on any brick surfaces.

Failure to comply with these guidelines: May result in removal of the posting in question.

III. Violation of Policy and Guidelines
The vice president of academic affairs and dean of the faculty and vice president of student affairs and dean of students or their designees will be responsible for administering this policy and the related guidelines. The vice president of academic affairs and dean of the faculty will, in general, oversee this policy with respect to faculty and administrators; The vice president of student affairs and dean of students will, in general, oversee this policy with respect to students. Violations of this policy and the related guidelines are subject to disciplinary sanctions. Violations will be resolved through the disciplinary process as set forth in the applicable guidelines regarding employees (faculty and administration) and students. Non-members of the College community acting in violation of this policy and/or the related guidelines will be required to leave campus and may be referred to the Annville Township Police Department in the event of violations of civil or criminal code.

College Policy on Alcohol

In accordance with the 1987 Commonwealth of Pennsylvania House Bill #749, the College is unequivocally opposed to any activity which does not contribute to the positive development and welfare of its students. Activities detrimental to the physical, emotional, educational, or moral welfare of students cannot be tolerated. Therefore, hazing is strictly prohibited.

Hazing is defined as any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of, or recognized as, an organization by an institution of higher education.

Hazing includes, but is not limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of food, liquor, drug, or other substance, or any other forced physical activity which could adversely affect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, exclusion from social contact, conduct which could result in embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual, or any willful destruction or removal of public or private property. For purposes of this definition, any activity as described above which may be required for affiliation with or continued membership in an organization is presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding. Prohibited activities and behaviors are also identified in Lebanon Valley College Pledging/New Member Program Practices and Regulations.

In Pennsylvania, any person who causes or participates in hazing commits a misdemeanor of the third degree.

Title IX
Title IX of the Educational Amendment Act of 1972 states, “No person in the United States shall, on the basis of sex, race, color, creed, age, and religious belief, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal assistance.”

Family Educational Rights and Privacy Act of 1974
The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, helps protect the privacy of student records. The Act provides for the right to inspect and review educational records, to seek to amend those records, and to limit disclosure of information within the records. The act applies to all institutions that are the recipients of federal funding.

Annually, Lebanon Valley College informs students of the Family Educational Rights and Privacy Act of 1974, as amended. This Act, with which the institution intends to comply fully, was designated to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students also have the right to file complaints with the Family Educational Rights and Privacy Act Office (FERPA) concerning alleged failures by the institution to comply with the act.

Local policy explains in detail the procedures to be used by the institution for compliance with the provisions of the Act. Copies of the policy can be found in the following offices: registrar, student affairs, and vice president of academic affairs and dean of the faculty. The policy is also printed in the Faculty Advising Handbook. The offices mentioned also maintain a Directory of Records which lists all education records maintained on students by this institution. Students should know that school officials within the institution may obtain information from educational records without obtaining written consent. Questions concerning the Family Educational Rights and Privacy Act may be referred to the Registrar’s Office.

Student Right-to-Know

Lebanon Valley College participates in student financial assistance programs under Title IV of the Higher Education Act of 1965. According to the requirements of the Student Right-to-Know legislation, the College is required to report annually the graduation rates within 150 percent of the normal time to complete a degree to students and prospective students.

The cohort of 454 full-time, first-time degree-seeking students who entered Lebanon Valley College in the fall of 2005 consisted of 231 men and 223 women. At the end of four years, 304 had completed a bachelor’s degree. At the end of the fifth year another 22 had completed a bachelor’s degree. By 2011, at the end of the sixth year, four additional students had completed a bachelor’s degree. The Student Right-to-Know Completion or Graduation Rate Calculation for the 2005 cohort is 73 percent. This information has been submitted to the U.S. Department of Education.

Detailed information on student retention and graduation rates is available in the Office of The Registrar.

Acceptable Use Policy for College Computing and Communications

In general, the College’s computing facilities and services are meant for Col-lege-related, non-commercial use. These facilities and services include: the central systems and network used for academic and administrative computing, along with their associated software and files; communications facilities such as dial-up and network access; other College-owned computers including those in departments and labs; and College-provided supplies and other materials.

The use of the College’s computing facilities and services is a privilege, not a right, granted by the College to its users. By using the facilities to store information, the user acknowledges the College’s right to access any file (including electronic mail files) on its systems as a part of responsible system management. The College, in turn, acknowledges that users are entitled to privacy. Therefore, when a computer system records that a file or directory is “owned” by a particular user, that file or directory, under normal circumstances, is treated as if it were the personal, private property of that user. However, the data stored on a College-owned computer system (although not necessarily the ideas contained therein) are ultimately the property of the College.

Most of the software provided by the College for use in its facilities and on its computer systems is governed by licensing agreements. By using such software, the user agrees to abide by the terms of those agreements as well as applicable local, state, and federal laws. Unauthorized copying or removal of such College-supplied software is specifically prohibited.

Furthermore, users may not use or attempt to use the College’s computing facilities and services in any way that deliberately interferes with the reasonable and private use of these facilities and services by others. The College reserves the right to revoke a user’s privilege to use any or all of the College’s computing facilities and services. Further action may be taken by the College should the user violate any of these policies. Such violations may also result in legal action should they involve such things as copyright laws and licensing agreements.

Judicial/Student Conduct System
Jurisdiction
In addition to providing a sound educational environment for intellectual pursuits, the College is concerned with developing socially responsible citizens. The educational and community living goals at the College require a concern for the quality of student conduct. Membership in the College community is a privilege, which may be rescinded with cause. Students have a responsibility to respect the rights of the individual and the collective rights of others. In order to guarantee the welfare and freedom of members of the community, the College has adopted rules and behavioral standards, which it considers necessary for the protection of individual rights and the preservation of the academic community. The Student Conduct Code reflects the College’s concern that high standards be maintained by students and student organizations. The judicial system exists to protect the rights of all of the members of the Lebanon Valley College community. It seeks to develop a sense of responsibility in students, and to teach students about desired behavior.

Lebanon Valley College expects its students to conduct themselves in all places and times in such a manner as to bring credit to themselves and to the College. College rules apply on all College premises and at all College activities, whether on or off campus. More broadly, the College specifically reserves the right to apply their rules to any student behavior even when off campus and unconnected to a school activity if the alleged conduct adversely impacts the College community or its objectives. The College reserves the right to review the conduct, including off-campus behaviors, of all student(s) from the date of enrollment to the date of graduation. The College also reserves the right to dismiss any student(s) whose conduct is detrimental to its welfare or whose attitude is antagonistic to its mission. Inappropriate student conduct on or off campus may result in College disciplinary action.

The Student Conduct Code identifies specific student behavior that is subject to disciplinary action. The Student Conduct Code addresses student behavior that violates the rights, privileges, or safety of person or property and the College’s pursuit of its educational goals. The Code is not a criminal code, therefore the general rules of criminal law and criminal procedures do not apply. Students are considered adults who are expected to assume personal responsibility for their actions and are responsible for observing the regulations of the larger community. Violation of civil or criminal law either on or off campus may result in the College’s review of a student’s conduct. Generally, an individual’s actions off campus are subject to the actions of civil authorities. (The College reserves the right, however, to take action for such off-campus behavior independently of civil authority when the interests of the College are involved. An action involving a student in a legal proceeding in a civil or criminal court does not free a student of responsibility for his or her conduct in a College hearing. If a student is charged in both jurisdictions, the College will proceed with its internal review according to its own schedule.)

All LVC students are required to report arrests/convictions that occur off campus. This includes, but is not limited to, situations that occur over breaks and summer months. Reports should be made to the Vice President of Student Affairs.

Groups or organizations formally approved by the College are subject to the same regulations as individual students. Any group or organization may be held accountable for the actions of any of its members if the misconduct is in anyway related to the living group or organization. Group misconduct may not officially be sanctioned by the entire membership in order to be considered grounds for disciplinary action against the group. There is no minimum number of group members who must be involved in an incident before disciplinary action may be taken against the entire group. A group may be held accountable if it is likely that the individual(s) would not have been involved in the incident if they were not member(s) of the group, or if, by group action, the incident might have been prevented. Individuals may also be held accountable for their actions when the group faces charges for a violation.

All students are responsible for being knowledgeable about living within College policy and the Student Conduct Code. Students involved in disciplinary difficulty are counseled on an individual basis, and, when necessary, administrative or official disciplinary action is taken.

Any member of the College community (student, staff, faculty) may bring a charge under this code against a student or student group.

Judicial/Student Conduct Authority