Faculty Handbook - Section V

A. The Honor System

"The Honor System at Randolph College demands that each student abide by the highest standards of honesty and integrity in her academic, social, and personal life. This charge has been fundamental to the conduct and governance of RC since the opening of the College in 1893. The effectiveness of the Honor System depends upon the concept of dual responsibility: individuals assume the responsibility for their own actions and those of other students. The resulting atmosphere of mutual trust and the opportunity for self-awareness and personal growth make the Honor System a precious inheritance and an essential part of student life."

-- Randolph College Academic Catalog

1. The Honor Pledge

"I pledge absolute honesty in my academic work and in all personal relationships at Randolph College. I will maintain the integrity of my word and I will respect the rights of others. Realizing that these standards are an integral part of life at Randolph College, I assume my obligation to uphold this honor pledge. If at any time I fail to live up to my obligation of this pledge, I will report myself to the Chairperson of the Judiciary Committee. I will also ask others to report themselves for any infraction of this pledge."

-- Student Handbook

2. Examination Pledge

"I pledge that I have neither given nor received unauthorized aid during this examination and that I have brought no unauthorized materials into this exam room. I also pledge that I will not discuss the content, form, or degree of difficulty of this exam except under circumstances which cannot result in communication of information about the exam to anyone who has not yet taken the exam."

3. A full description of the Honor System is given in the Student Handbook. This description includes:

a. The Honor Pledge.

b. Living Under the Honor System.

c. The Judiciary Process.

d. Outline of Responsibilities and Rights under the Honor System.

e. Plagiarism (definition, explanation, and examples).

4. Faculty Responsibilities

a. When assigning papers, book reviews, reports, pledge problems, or any other type of work to be completed outside of the classroom, faculty members must be specific about how the assignment is to be carried out. The faculty member must make clear rules of citation, forms of student collaboration, etc. (See also the Student Handbook section on "plagiarism.")

b. A professor who wants to have students carry out academic work under conditions described by the Examination Pledge may request that each student write the word "Pledged" beside her signature on her paper.

c. Any faculty member who detects a breach of the Honor Principle or has reason to suspect the honesty of a student's work should first inform the student of these doubts. If the explanation convinces the teacher that the doubts had no basis in fact, no further action is required. However, if there continues to be reasonable doubt or if the student admits the dishonesty, the faculty member should ask the student to discuss the matter with the chair of the Judiciary Committee, who in turn will discuss it with the faculty member.

B. Policy of Non-Discrimination in the Admission of Students

Randolph College admits students of any race, color, national and ethnic origin to all the rights, privileges, programs and activities generally accorded to students at the College. It does not discriminate on the basis of race, color, religion, handicap, national and ethnic origin in the administration of its educational policies, scholarship and loan programs, and athletics and other college-administered programs.

C. Statement on RC as an Equal Opportunity Employer

Randolph College does not discriminate in employment on the basis or race, color, national or ethnic origin, sex, or sexual orientation, age, religion, handicap, or veteran status. Although Randolph-Macon Woman's College is an exempt institution with regard to undergraduate admissions under Section 86.15(d) of the regulations to effectuate Title IX of the Education Amendments of 1972 as amended by Public Law 93-568 and published in the Federal Register of June 4, 1975, it is the College's intention to adhere to the letter and spirit of the law with a policy of non-discrimination on the basis of sex in all other aspects of its educational program and activities, including employment. Inquiries or complaints should be directed to the Personnel Office, Randolph-Macon Woman's College, 2500 Rivermont Avenue, Lynchburg, Virginia 24503. Telephone (804)846-9682.

 

HIPAA Privacy

The RC group health plan (the “Medical Plan”) and the flexible spending account plan (the “Flex Plan”) are subject to federal regulations under the Health Insurance Portability and Accountability Act (“HIPAA”) regarding the privacy of an individual’s health information held by the plans. These regulations apply to the group health plan and the flexible spending account plan offered by the College. These regulations do not apply to RC with respect to employment matters or matters other than the group health plan and the flex plan administration, nor do they apply to any other benefit plans sponsored by RC, even though some of those other plans create or receive health information.

In general, the HIPAA privacy regulations establish guidelines for and limits upon the Medical and Flex Plan’s use and disclosure of your individual health information held by the these plans. The two named plans have implemented privacy policies and procedures to ensure the privacy of your health information, as required under the regulations. In addition, RC has amended the plan documents to ensure that employees of RC who received or have access to health information from the Medical Plan or the Flex Plan protect the privacy of that information, as required by the regulations.

The College has prepared a Privacy Notice and Policy that describes the manner in which your health information may be used and disclosed by the Medical Plan and Flex Plan. It also explains your legal rights under the regulations. You may request a copy of the Privacy Notice and Policy by contacting Human Resources. You may also contact the Director of Human Resources if you have a complaint, such as where you feel your privacy rights have been violated.

 

COBRA

IMPORTANT INFORMATION

ABOUT YOUR COBRA CONTINUATION COVERAGE RIGHTS

What is continuation coverage?

Federal law requires that most group health plans (including the College’s group health plans) give employees and their families the opportunity to continue their health care coverage when there is a “qualifying event” that would result in a loss of coverage under an employer’s plan. Depending on the type of qualifying event, “qualified beneficiaries” can include the employee (or retired employee) covered under the group health plan, the covered employee’s spouse, and the dependent children of the covered employee.

Continuation coverage is the same coverage that the Plan gives to other participants or beneficiaries under the Plan who are not receiving continuation coverage. Each qualified beneficiary who elects continuation coverage will have the same rights under the Plan as other participants or beneficiaries under the Plan, including open enrollment and special enrollment rights.

 

How long will continuation coverage last?

In the case of a loss of coverage due to end of employment or reduction in hours of employment, coverage generally may be continued only for up to a total of 18 months. In the case of losses of coverage due to an employee’s death, divorce or legal separation, the employee’s becoming entitled to Medicare benefits or a dependent child ceasing to be a dependent under the terms of the plan, coverage may be continued for up to a total of 36 months. When the qualifying event is the end of employment or reduction of the employee’s hours of employment, and the employee becomes entitled to Medicare benefits less than 18 months before the qualifying event, COBRA continuation coverage for qualified beneficiaries other than the employee lasts until 36 months after the date of Medicare entitlement.

Continuation coverage will be terminated before the end of the maximum period if:

· any required premium is not paid in full on time,

· a qualified beneficiary becomes covered, after electing continuation coverage, under another group health plan that does not impose any pre-existing condition exclusion for a pre-existing condition on the qualified beneficiary,

· a qualified beneficiary becomes entitled to Medicare benefits (under Part A, Part B, or both) after electing continuation coverage, or

· the College ceases to provide any group health plan for its employees.

Continuation coverage may also be terminated for any reason the Plan would terminate coverage of a participant or beneficiary not receiving continuation coverage (such as fraud).

 

How can you extend the length of COBRA continuation coverage?

If you elect continuation coverage, an extension of the maximum period of coverage may be available if a qualified beneficiary is disabled or a second qualifying event occurs. You must notify the College’s Director of Human Resources of a disability or a second qualifying event in order to extend the period of continuation coverage. Failure to provide notice of a disability or second qualifying event may affect the right to extend the period of continuation coverage.

Disability

An 11-month extension of coverage may be available if any qualified beneficiary is determined by the Social Security Administration (SSA) to be disabled. The disability has to have started at some time before the 60th day of COBRA continuation coverage and must last at least until the end of the 18-month period of continuation coverage. The disabled qualified beneficiary, or his or her authorized representative, must notify the College’s Director of Human Resources before the end of the initial 18-month period of continuation coverage and provide verification of SSA’s determination that the disability commenced at some tine before the 60th day of COBRA continuation coverage. The disabled qualified beneficiary may be required to provide evidence that the disability has continued through the end of the initial 18-month period of continuation coverage. Each qualified beneficiary who has elected continuation coverage will be entitled to the 11-month disability extension if one of them qualifies. If the qualified beneficiary is determined by SSA to no longer be disabled, you must notify the Plan of that fact within 30 days after SSA’s determination by contacting the College’s Director of Human Resources.

Second Qualifying Event

An 18-month extension of coverage will be available to spouses and dependent children who elect continuation coverage if a second qualifying event occurs during the first 18 months of continuation coverage. The maximum amount of continuation coverage available when a second qualifying event occurs is 36 months. Such second qualifying events may include the death of the covered employee, divorce of separation from the covered employee, the covered employee’s becoming entitled to Medicare benefits (under Part A, Part B, or both), or a dependent child’s ceasing to be eligible for coverage as a dependent under the Plan. These events can be a second qualifying event only if they would have caused the qualified beneficiary to lose coverage under the Plan if the first qualifying event had not occurred. You must notify the Plan within 60 days after a second qualifying event occurs if you want to extend your continuation coverage. You may contact the Plan by contacting the College’s Director of Human Resources.

How can you elect COBRA continuation coverage?

To elect continuation coverage, you must complete the Election Form and furnish it to the College’s Director of Human Resources according to the directions on the form. Each qualified beneficiary has a separate right to elect continuation coverage. For example, the employee’s spouse may elect continuation coverage even if the employee does not. Continuation coverage may be elected for only one, several, or for all dependent children who are qualified beneficiaries. A parent may elect to continue coverage on behalf of any dependent children. The employee or the employee’s spouse can elect continuation coverage on behalf of all of the qualified beneficiaries.

In considering whether to elect continuation coverage, you should take into account that a failure to continue your group health coverage will affect your future rights under federal law. First, you can lose the right to avoid have pre-existing exclusions applied to you by other group health plans if you have more than a 63-day gap in health coverage, and election of continuation coverage may help you not have such a gap. Second, you will lose the guaranteed right to purchase individual health insurance policies that do not impose such pre-existing condition exclusions if you do not get continuation coverage for the maximum time available to you. Finally, you should take into account that you have special enrollment rights under federal law. You have the right to request special enrollment in another group health plan for which you are otherwise eligible (such as a plan sponsored by your spouse’s employer) within 30 days after your group health coverage ends because of a qualifying event. You will also have the same special enrollment right at the end of continuation coverage if you get continuation coverage for the maximum time available to you.

 

How much does COBRA continuation coverage cost?

Generally, each qualified beneficiary may be required to pay the entire cost of continuation coverage. The amount a qualified beneficiary may be required to pay may not exceed 102 percent (or, in the case of an extension of continuation coverage due to a disability, 150 percent) of the cost to the group health plan (including both the employer and employee contributions) for coverage of a similarly situated plan participant or beneficiary who is not receiving continuation coverage. The required payment for each continuation period for each option is described in the Election Form or in a notice that accompanies the Election Form.

 

When and how must payment for COBRA continuation coverage be made?

First payment for continuation coverage

If you elect continuation coverage, you do not have to send any payment with the Election Form. However, you must make your first payment for continuation coverage not later than 45 days after the date of your election. (This is the date the Election Form is post-marked, if mailed). If you do not make your first payment for continuation coverage in full not later than 45 days after the date of your election, you will lose all continuation coverage rights under the Plan. You are responsible for making sure that the amount of your first payment is correct. You may contact Sharon Saunders, Director of Human Resources, at (434) 947-8000, Extension: 4154, to confirm the correct amount of your first payment.

Periodic payments for continuation coverage

After you make your first payment for continuation coverage, you will be required to make periodic payments for each subsequent period of coverage. The periodic payments are due on a monthly basis by the 15th day of each month. If you make a periodic payment on or before the 15th day of the coverage period to which it applies, your coverage under the Plan will continue for that coverage period without any break. The Plan will send periodic notices of payments due for these coverage periods.

Grace periods for periodic payments

Although monthly payments are due on the 15th day of each month, you will be given a grace period of 30 days after the first day of the coverage period to make each periodic payment. Your continuation coverage will be provided for each coverage period as long as payment for that coverage period is made before the end of the grace period for that payment.

If you fail to make a periodic payment before the end of the grace period for that coverage period, you will lose all rights to continuation coverage under the Plan.

Your first payment and all periodic payments for continuation coverage should be sent to:

 

Randolph College

Attention: Cashier’s Office

2500 Rivermont Avenue

Lynchburg, Virginia 24503

 

For more information

This notice does not fully describe continuation coverage or other rights under the Plan. More information about continuation coverage and your rights under the Plan is available in your summary plan description or from your Plan Administrator.

If you have any questions concerning the information in this notice, your rights to coverage, or if you want a copy of your summary plan description, you should contact Sharon Saunders, Director of Human Resources, Randolph College, 2500 Rivermont Avenue, Lynchburg, Virginia, 24503, (434) 947-8000, Extension: 4154.

D. Immigration Reform and Control Act of 1986

The Immigration Reform and Control Act of 1986 requires employers to obtain verification of identity and eligibility to work in the United States from every employee.

Under this law, every employee, regardless of national origin, must present certain specified documentation to prove his/her identity and eligibility to work in this country (i.e., U.S. driver's license, original social security card, or other alternate documents as defined by the Immigration and Naturalization Service).

Employers are responsible for obtaining documentation from new employees and completing the I-9 form within three days of employment. An employee who cannot supply the proper identification within three days will not be allowed to return to the work place until such identification is produced and verified by the Director of Personnel.

E. Policy of Non-Discrimination on the Basis of Sex

Randolph-Macon Woman's College is an exempt institution with regard to undergraduate admissions under Section 86.15 (d) of the regulations to effectuate Title IX of the Education Amendments of 1972 as amended by Public Law 93-653 and published in the Federal Register of June 4, 1975. However, as a recipient of Federal financial assistance, coverage by Title IX includes all of the College's educational programs, activities, employment and benefits. It is Randolph-Macon Woman's College's intention to comply to the letter and spirit of the law with a policy of non-discrimination on the basis of sex. (See the Sexual Harassment Policy.)

F. Harassment Policy [Trustee Approval, October 21, 2006]

Randolph College is committed to the creation of a community in which learning and working can be carried out in an environment of human dignity. The College stands opposed to all forms of harassment, including sexual harassment, and will strive to prevent such conduct within the College community.

This policy is designed to deal with harassment complaints against faculty members in a reasonable and orderly fashion. A complainant may be any member of the College community, which includes faculty, administrators, staff, and students.

1. Definition of Harassment

a. Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of race, color, religion, sex, sexual orientation, national origin, age, disability, marital status, citizenship, or any other characteristic and that (i) has the purpose or effect of creating an intimidating, hostile, or offensive academic or work environment; or (ii) has the purpose or effect of unreasonably interfering with an individual's education or work; or (iii) otherwise adversely affects an individual's education or employment.

b. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (i) submission to such conduct is made, either explicitly or implicitly, a condition of an individual's employment; or (ii) submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting an individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with the individual's education or work; or (iv) such conduct creates an intimidating, hostile, or offensive academic or work environment.

2. Academic Freedom

This policy recognizes the tension that may exist between academic freedom and legal limits of expression. However, no part of this policy is intended to limit free discussion of the merits of any issue relating to gender difference or open inquiry into any material or issue relevant to the academic content of a course, including human sexuality.

3. Grievance Procedure

The College is committed to providing an effective system for dealing with conduct that is perceived as harassment. The goals of the grievance procedure are to ensure sensitive and fair handling of all complaints, to protect the legitimate interests of all parties involved, and to resolve a harassment complaint without resort to the legal process. Although the complainant is free at any time before or after making a complaint through the College's harassment grievance procedure to file an employment grievance or institute formal proceedings before a Federal or State agency, the College may at its discretion terminate any then-pending harassment proceeding if another College grievance proceeding or a formal proceeding before a Federal agency in instituted.

Complaints of harassment may be resolved through the informal process or through a formal hearing procedure, described in Section 8 below. Members of the College community are encouraged to resolve harassment complaints through the informal process whenever possible. The informal process is designed to provide assistance to, and an opportunity for, the parties involved to resolve the complaint in an informal manner. Having attempted resolution through the informal process does not preclude the complainant's use of the formal hearing procedure if he or she is not satisfied with the efforts to resolve the complaint through the informal process. In addition, a complainant may choose to utilize the formal procedure without having attempted resolution through the informal process.

Complaints may be made against an individual only by the person who claims to have been harassed by that individual, or by the College for the purpose of fulfilling its duty to maintain appropriate vigilance against conduct that constitutes harassment. When faced with evidence of harassment that compromises the ability of an academic department or program to execute its duties, appropriate representatives of such departments or programs may appeal to the College to take necessary actions toward restoring a proper work or learning environment.

This harassment grievance procedure must not be used to bring malicious or knowingly false complaints. Disciplinary action will be taken against any person who is found to have filed a knowingly false harassment complaint. If a harassment claim is not substantiated, the College may, with the agreement of the accused, take steps to restore the reputation of the accused individual, including expunging records or notification to persons who participated in the grievance proceeding(s).

4. Retaliation

Randolph College will not in any way retaliate against an employee, potential or former employee, or other community member who, in good faith, makes a complaint or report of harassment, or participates in the investigation of such. Retaliation against an individual for reporting in good faith a claim of harassment or cooperating in the investigation of same will not be tolerated and will itself be subject to appropriate discipline.

5. Confidentiality

Complaints of harassment will be dealt with according to established procedures that treat all information as confidential. Parties involved should not engage in public discussion of their cases. In order to perform its duty of maintaining appropriate vigilance against patterns of harassment, the College will maintain confidential records pertaining to complaints as indicated in the procedures described below.

6. Harassment Review Board

As a college-wide committee, the Harassment Review Board will be responsible for reviewing the College's harassment policies. The Board will consist of two faculty members, two staff members, and two students, appointed by the President. The chair will normally serve a one-year term and will be a faculty member. Faculty and staff members shall be appointed for three-year terms, with new members joining the Board as needed. Student members shall be appointed for one-year terms and may be reappointed.

The Harassment Review Board shall conduct a periodic review of this harassment policy and procedures and the College's educational efforts in conjunction with the Dean of the College, the Dean of Students, and the Director of Personnel Services. The Board shall submit an annual report to the President.

7. Educational Program

The Dean of the College, the Dean of Students, and the Director of Personnel Services shall be responsible for developing and implementing an annual plan for educating the College community with regard to harassment and for completing an evaluation of the Harassment Education program at the end of each academic year. This plan and the evaluation shall be submitted to the President for approval and review, respectively, and then communicated to the Chair of the Harassment Review Board.

8. Procedures

There are three Harassment Advisers: for faculty, the Chair of the Harassment Review committee [note: a faculty member may seek advice from the Dean of the College before talking with the Chair of the Harassment Review Committee]; for students, the Dean of Students; and for staff, the Director of Personnel Services.

8. A. Informal Process

Any member of the College community who thinks she or he has been the victim of harassment and chooses to seek more information about harassment or an informal remedy to the situation must contact her or his designated Harassment Adviser within six (6) calendar months of the occurrence of the alleged harassment. If the assistance of the Harassment Adviser is not sought within six (6) calendar months of the occurrence, the complaint may be dismissed.

The object of the informal process is to respond immediately to a complaint with actions designed to eliminate the real or perceived harassment. The goals of the informal process are to gather information, identify sources of conflict, analyze problems, and offer ways for resolving the complaint. The designated Harassment Adviser will discuss with the complainant the individual's concerns, clarify the College's policy and grievance procedure, and when appropriate remind her or him of the availability of counseling services for students and employees. The resolution process shall vary depending on the complainant's willingness to have her or his identity disclosed.

8. A. 1. If the complainant is willing to have her or his identity disclosed to the accused:

The designated Harassment Adviser (s) will attempt to work with the parties involved to resolve the matter informally. All parties shall be expected to sign an agreement that the process shall be conducted confidentially. The resolution process might involve any number of strategies, including the following:

individual meeting(s) between the designated Harassment Adviser (s) of the complainant and the accused;

written communication between the complainant and the accused;

mediated meeting(s) between the complainant and the accused, facilitated by their designated Harassment Adviser (s);

Every effort should be made to resolve a complaint within four (4) weeks of the initiation of the informal process. In the case of the involvement of more than one Harassment Adviser, they shall decide among them who will act as the lead adviser for communicating a proposed resolution, or failing that, one shall be appointed by the Dean of the College.

Based on information gathered from the complainant and the accused, the designated Harassment Adviser shall prepare a written resolution agreement she or he believes shall fulfill the goals of the informal process and is acceptable to all parties.

If the parties agree to a resolution of the complaint, the designated Harassment Adviser shall complete the following actions:

a. have the resolution agreement signed by both parties, provide each party with a copy of the signed agreement, and maintain the original of the signed agreement in the Harassment Advisers' confidential file; and

b. file a copy of the resolution agreement and all other correspondence, notes, and documentation related to the informal process with the College counsel, who shall maintain the materials while the accused is employed by the College.

If a mutually agreeable resolution cannot be reached, the designated Harassment Adviser shall:

c. send each party written notification of that fact and of the formal procedure for pursuing a harassment complaint and shall maintain a copy of the written notification in the Harassment Advisers' confidential file; and

d. file a copy of the written notification and all other correspondence, notes, and documentation related to the informal process with the College counsel, who shall maintain the materials while the accused is employed by the College. After this time, College counsel shall destroy all such records.

8. A. 2. If the complainant is not willing to have her or his identity disclosed to the accused:

The designated Harassment Adviser shall explain to the complainant that no official complaint shall exist until the complainant is willing to have her or his identity disclosed to that individual.

If the designated Harassment Adviser determines that it is in the best interest of the College to talk with the individual about whom the allegation has been made, the Adviser shall explain to that individual that no official complaint exists until the complainant is willing to have her or his identity disclosed. The Adviser shall notify the complainant in advance of talking with the accused individual, inform the complainant of the result of the meeting, and advise the complainant that she or he may still elect to seek resolution of the complaint.

If the Harassment Adviser discusses the allegation with the accused individual, the Adviser shall prepare a written summary of the actions the Adviser has taken in the matter, to be maintained in the Harassment Advisers' confidential file. The Adviser shall send a copy of the written summary to the accused individual and shall file a copy of the written summary and all correspondence, notes, and documentation pertaining to the situation with the College counsel, who shall maintain the materials while the accused is employed by the College. After this time, College counsel shall destroy all such records.

If the Adviser chooses not to discuss the allegation with the accused individual, the Adviser shall maintain no records pertaining to the matter.

8. B. Formal Procedure

A member of the College community who believes that she or he has been harassed by a faculty member and who wishes to use the formal procedure must submit a written complaint to the Chair of the Harassment Review Board within six (6) calendar months of the last occurrence of the alleged harassment, or within ten (10) days of a determination by the Harassment Adviser that a mutually agreeable resolution cannot be reached through the informal process. Failure to file a written complaint with the Chair of the Harassment Review Board within the specified time period may lead to dismissal of the complaint.

For the purposes of this formal procedure, unless otherwise specified, a day is defined as any day Monday through Friday that is not a College holiday, except in the event that either the complainant or the accused is a student, in which case a day shall be limited to only those weekdays on which classes are in session. The time periods indicated for the formal procedure may be enlarged upon reasonable request to the Chair of the Harassment Review Board by the complainant, the accused, or the College.

The complaint must contain the names of the complainant and the accused; the date(s), time(s), duration, and location(s) of the alleged conduct; the nature and facts of the alleged conduct; and the names of any witnesses. The Chair shall send the accused individual a copy of the written complaint within three (3) days of receiving the complaint. The accused shall have three (3) days within which to provide a written response to the Chair. As soon as the written response of the accused is received or after the three (3) days have elapsed, whichever comes first, the Chair shall meet separately with the complainant and the accused to review the complaint and the response and to review the harassment policy and formal procedure.

If the Chair determines during the initial meetings with the complainant and the accused that the alleged conduct does not constitute harassment as defined by this policy, the Chair shall notify the complainant and the accused in writing. The Chair may consult with any of the designated Harassment Advisers in making this determination. In this case, the complainant may appeal directly to the Dean of the College who, in consultation with the Chair and upon consideration of the evidence, may determine that a formal hearing is needed and should proceed as stated below.

If the Chair determines that the allegations may be well founded, the Chair shall schedule a formal hearing, explain to both parties the procedures for selecting the members of the Hearing Panel, and confirm the names of witnesses and evidence for each party (below). After completing these meetings, the Chair shall send the complainant and the accused written notification of the following:

a. the time, date, and location of the hearing;

b. a copy of the formal, written complaint and the response;

c. either an electronic or paper copy of the relevant Harassment Policy;

d. the names of those on the Hearing Panel, all witnesses who shall attend the hearing and the responsibility of the Chair to notify the witnesses of the date, time, and location of the hearing, and of their role in the hearing (this list shall be supplemented with additions if others are located or determined to have information to provide);

e. the nature of any evidence being presented;

f. the right to have a member of the R-MWC community as an additional adviser at the hearing and the responsibility to notify that adviser of the date, time, and location of the hearing;

g. the confidential nature of the proceedings and related materials; and

h. information about student and employee support services.

The hearing should be scheduled no fewer than three (3) days and no more than ten (10) days after both parties receive written notification of the hearing.

If the complainant is a faculty member, the Hearing Panel shall consist of the faculty members of the Harassment Review Board. If the complainant is a staff member, the Panel shall consist of the faculty and staff members of the Board. If the complainant is a student, the Panel shall consist of the faculty and student members of the Board. Either party may challenge the participation of potential members of the Hearing Panel by written appeal to the Chair before the hearing date, stating the reason(s) for the objection(s). If the Chair determines that the challenge has merit, the Chair will consult with both parties (and, if needed, the Dean of the College) to determine a suitable replacement. The entire hearing, except for the Hearing Panel's deliberations and votes, shall be audio-taped. The accused shall have access to the tape if such is needed for preparing an appeal.

The complainant, the accused, and the advisers shall be permitted to hear all testimony and ask questions. Witnesses shall be called one at a time. The order of the hearing shall be as follows:

a. opening statement of the Chair and presentation of the written complaint;

b. opening statement of the accused;

c. questions of the complainant and the accused;

d. witnesses and evidence submitted by the complainant (called by the Chair);

e. questions of each witness and of the complainant and the accused;

f. witnesses and evidence submitted by the accused (called by the Chair);

g. questions of each witness and of the complainant and the accused;

h. final statement by the complainant;

i. final statement by the accused.

Only Panel members may be present for deliberations. The Panel shall first vote on whether or not the accused is guilty of harassment. The Panel should reach its decision on the basis of whether sufficient evidence exists to substantiate or reject a claim of harassment. A decision of guilt shall require a majority vote.

If the accused is found not guilty, the Chair shall send written notification of the Hearing Panel's decision to the accused party and the complainant within three (3) days of the conclusion of the hearing.

If the accused is found guilty of harassment, the Hearing Panel shall then recommend a remedy. In arriving at its recommendation, the Hearing Panel shall consider the pervasiveness and the severity of the harassment, the requirements for limiting the Colleges' institutional liability, and any previous case in which the accused was found guilty of harassment in a formal hearing at the College, unless the decision was reversed on appeal.

If the accused is found guilty, the Chair shall send a written statement of the Hearing Panel's decision and recommended remedy to the Dean of the College within three (3) days of the conclusion of the hearing. The Dean shall be responsible for determining the remedy. Within three (3) days of the conclusion of the hearing, the Dean shall notify the guilty party and the complainant in writing of the Hearing Panel's decision, the remedy to be imposed, and information about the appeal procedure.

The Harassment Review Board Chair shall maintain in confidence all materials related to each case in which the accused party is found guilty. The file shall include a copy of the notification letters sent to the guilty party and the complainant, as well as documentation of the final outcome of any appeal process. In a case in which the accused was found not guilty or in which an appeal resulted in the reversal of a decision of guilt, materials related to the case shall not be maintained on campus; however, the Chair shall file all materials related to the case with the College counsel, who shall maintain the materials while the accused is employed by the College. After this time, College counsel shall destroy all such records.

9. Consensual Relations

As a matter of sound judgment and professional ethics, faculty and staff members are strongly cautioned against entering a romantic or sexual relationship with any student. Not only is such a relationship unethical, but it also places the faculty or staff member as well as the College in a vulnerable position with respect to a harassment claim. The potential for a claim of harassment is greater in a relationship between persons of unequal status and power, such as in a relationship between a faculty or staff member and student with whom she or he has a supervisory relationship. Voluntary consent by a student in such a relationship, even if present, is always suspect given the fundamentally unequal nature of status and power in the relationship. Supervisory relations include grading, advising, coaching, disciplining, or supervising the employment of a student; approving or recommending a petition or application made by a student; or making or enforcing a policy that directly affects a student. If found guilty of a harassment complaint, a faculty or staff member who is or was involved in such a relationship is subject to disciplinary measures.

The fact that a student has consented to a romantic or sexual relationship with a faculty or staff member does not protect that faculty or staff member, or the College, from the filing of a harassment complaint by the student. Faculty and staff should note that the College may act as a complainant for the purpose of fulfilling its duty to maintain appropriate vigilance against harassment.

Employees of the College are advised that a romantic or sexual relationship with an employee whom they supervise may be found to present a conflict of interest. The fact that an employee has consented to a romantic or sexual relationship with her or his supervisor does not protect that supervisor, or the College, from the filing of a harassment complaint by the employee. Employees are also advised that the College may act as a complainant for the purpose of fulfilling its duty to maintain appropriate vigilance against harassment.

Faculty and staff in a romantic or sexual relationship with a student or employee with whom they have a supervisory relationship face the risk under federal law of personal responsibility in terms of both litigation defense and liability exposure.

G. Drug-Free Workplace Policy

The College requires compliance with both the word and intent of the Drug-Free Workplace Act, the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), acts of the Virginia Assembly relating to drug and alcohol use, and Federal, State and Department of Education Regulations implementing such legislation. The Director of Personnel Services will issue the policy to all new faculty members. Additional copies of the Drug-Free Workplace policy can be obtained in the Personnel Office.

The established Randolph College policy, to conform to the applicable laws, is as follows:

The federal Drug-Free Workplace Act of 1988 requires institutions that receive federally-funded grants, including student aid, to undertake certain actions and adopt various procedures relating to the misuse of controlled substances in the workplace. As required by that statute, the Administrative Council has adopted the policy printed below:

The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and disciplinary action will be taken against any employee for violation of this policy. In the case of a faculty member, the regular processes will be used; in the case of a staff member, the final personnel action will be determined by the Administrative Council. Any discipline will depend on the circumstances, but could include termination of employment or could consist of requiring the employee to complete satisfactorily a drug abuse assistance or rehabilitation program.

As required by the law, each employee must, as a condition of employment, abide by the terms of this statement, and any employee who is convicted under criminal law of substance abuse while on College property or while performing duties for the College must notify the Director of Personnel Services within five calendar days of such conviction.

H. Statement on Copyright Responsibility

1. Single Copying for Teachers. A single copy may be made of any of the following by or for a teacher at his/her individual request for his/her scholarly research or use in teaching or preparation to teach a class.

a. A chapter from a book.

b. An article from a periodical or newspaper.

c. A short story, short essay or short poem, whether or not from a collective work.

d. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

[American Library Association's Librarian's Guide to New Copyright Law, 3rd printing 1977]

2. Multiple Copying for Classroom Use. Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion provided that:

a. The copying meets the tests of brevity and spontaneity as defined below.

b. Meets the cumulative effect test as defined below.

c. Each copy includes a notice of copyright.

3. Definitions

a. Brevity

(1) Poetry

(a) A complete poem if less than 250 words and if printed on not more than two pages, or

(b) from a longer poem, an excerpt of not more than 250 words.

(2) Prose

(a) Either a complete article, story, or essay of less than 2500 words, or

(b) an excerpt from any prose work of not more than 1000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

(Each of the numerical limits stated in a(1) and in a(2) may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.)

(3) Illustration. One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

(4) "Special" Works. Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience, fall short of 2500 words in their entirety. Paragraph a,(2) above notwithstanding, such special works may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.

b. Spontaneity

(1) The copying is at the instance and inspiration of the individual teacher, and

(2) The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

c. Cumulative Effect

(1) The copying of the material is for only one course in the school in which the copies are made.

(2) Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, not more than three from the same collective work or periodical volume during one class term.

(3) There shall not be more than nine instances of such multiple copying for one course during one class term.

[The limitations stated in c(2) and in c(3) above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

4. Prohibitions Relating to 1 and 2 Above. Notwithstanding any of the above, the following shall be prohibited:

a. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.

b. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.

c. Copying shall not:

(1) Substitute for the purchase of books, publishers' reprints or periodicals.

(2) be directed by higher authority.

(3) be repeated with respect to the same item by the same teacher from term to term.

d. No charge shall be made to the student beyond the actual cost of the photocopying.

I. Guidelines for Off-Air Recordings of Television Programs

1. A broadcast program may be recorded off-air simultaneously with broadcast transmission and retained by a not-for-profit educational institution for a period not to exceed the first 45 consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately.

2. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary, in classroom and similar places devoted to instruction, during the first 10 consecutive school days in the 45 day retention period.

3. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.

4. After the first ten consecutive school days, off-air recordings may be used up to the end of the 45 calendar day retention period only for teacher evaluation purposes.

All copies of off-air recordings must include the copyright notices on the broadcast program as recorded.

J. Student Grievance Procedures

For a student whose case involves an allegation of sexual harassment, see Section V.F. (Supra.).

Individual academic grievances will be handled in accordance with AAUP guidelines (AAUP, Policy Documents and Reports, 9th ed. (Washington, D.C., 2001), 113-4). In those cases in which a student believes that a faculty member has unfairly treated her, the first recourse should be a conference between the student and the faculty member. If the student is not satisfied with the result of the conference, she may then consult in succession, the chair of the department, the Vice President for Academic Affairs, and the Academic Personnel Committee. The Chair of the Academic Personnel Committee will convene the subcommittee on student grievances (three faculty and two student members).

The sub-committee will review the evidence of the complainant and discuss with the faculty member his or her response to the student's complaint. Following discussion the faculty members of the subcommittee will go into executive session and make a recommendation to the full Academic Personnel Committee as to how the grievance shall be resolved. The chair shall then relay the committee's recommendation to the Dean of the College, who, having provided a copy of the recommendation, will ask the instructor to implement it. If the instructor does not comply, the Dean, on notifying the instructor and the student, may take appropriate action. Only the Dean of the College, upon the written recommendation of the Academic Personnel Committee, has the authority to change a grade over the objection of the instructor. [Approved: Faculty, April 2, 2002; Trustees, May 4, 2002.]

K. Policy on Students with Disabilities

According to faculty legislation (Faculty, 9/7/92; Trustee 10/17/92), Randolph College is sensitive to the special needs of students with disabilities and is committed to providing support to all academically qualified students. While the College does not waive requirements for the degree or alter admissions requirements for any student and does not have a separate specialized program for students with disabilities, individual accommodations for a student with a disability may be designed in accordance with professional assessment and recommendations through the Director of the Learning Resources Center and Disability Services. Self-identification is required if individual accommodations are desired. Documentation (within the previous three years) must indicate diagnosis, evaluate the extent of the disability, and make specific recommendations. Appropriate testing must be administered by a licensed professional or agency and is necessary in order for the College to serve the student and match available resources to the student's needs. The College does not make assessments of disabilities but relies on professional assessments that students have obtained prior to or since enrollment concerning the appropriate accommodation.

Any student who has identified herself as having a disability is interviewed by the Director of the Learning Resources Center and Disability Services, who assists her in obtaining documentation and verifies and interprets the documentation received. No accommodation is provided for the student until this process is completed. Any student who requests accommodations directly from a faculty member should be referred immediately to the Director.

The Director furnishes the student with a "Letter of Accommodation," which the student uses to notify faculty members of the accommodations appropriate for her disability. A faculty member must not provide accommodations without the requisite letter of notification, and the only accommodations that may be provided are those listed in the letter. It is the student's responsibility to remind professors in a timely fashion of the need for implementing the accommodation. If a faculty member believes that additional and/or different accommodations are desirable for a particular course, the faculty member should consult the Director.

L. Information Technology Resource Policy

Introduction

This policy applies to all of the Randolph College community including students, faculty, administrators, staff, alumnae, contract employees, and those who may be granted a guest computer account on a request basis by the system administrator. For purposes of this policy, RCnet includes all computers and software owned by the College, any communications hardware and software provided by the College for the purpose of accessing its computers, and any computer network governed in part or whole by the College. Any member of the community who violates this policy is subject to disciplinary action as stated in this policy, and possible legal action under the Federal Electronic Communications Privacy ActIn addition,students are bound by the RCHonor Systemin the use of computer resources on campus.

This statement of policy is not meant to be exhaustive. The Information Technology Advisory Committee has the final authority about what is/is not considered acceptable use of computer resources.

Purpose of RCnet

Randolph College's computing resources are provided for the use of the Randolph College community for educational and academic purposes. Use of RCnet and all resources to which it is connected is a privilege, not a right. RCnet is a resource provided by the college as an educational tool to exchange information more efficiently.

The Information Technology Department manages the resources for the mutual benefit of all. Computing resources include labs used for general computing, computer classrooms used for instructional purposes, facilities required to maintain operations, and any computer that is connected to RCnet. Access to these facilities is a privilege granted to the College community. Users must conduct computing activities in a responsible manner, respecting the rights of other computer users and respecting all copyright and computing license agreements. All computing and networking resources should be used in an efficient, ethical, and legal manner. The following conditions apply:

Acceptable Use of RCnet

  • Use of accounts for instructional, research, or college-related activities takes priority over users playing games, participating in on-line chats/activities or sending/receiving personal e-mail.Information Technology, or a representative thereof, reserves the right to ask a user utilizing system resources for nonacademic purposes to logoff of the system to allow another user to use the system for academic purposes.
  • Use of computing resources for commercial purposes is prohibited, even if there is no financial gain involved. This includes, but is not limited to, use of e-mail and Web publishing.
  • Using the system in a way that deliberately diminishes or interferes with the use of the system by others is not allowed. This may include downloading large music and video files for recreational use during peak network usage. Using personally- or College-owned computers as file-serving/sharing systems is prohibited. To be more specific, while downloading large media files during normal business hours is discouraged, allowing other computers to gain access to files on your machine via the RCnet is not allowed.
  • No student may permit another to use her computer account.
  • Do not intentionally seek information on, obtain copies of, or modify files, passwords, or any type of data or programs belonging to another user unless specifically authorized to do so by the account owner for a specific purpose.
  • Printing is limited to academic or work-related documents.
  • Randolph-Macon Woman's College will not tolerate use of college facilities for indecent communications of any kind, including transmission of any obscene material. The word "obscene" where it appears in this policy shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value. Due to the nature of RC's privately owned network and equipment, prohibition of these materials is not subject to governmental free speech laws.
  • Do not develop or execute programs that could harass other users or otherwise damage or alter software configurations.
  • Intentional distribution of computer viruses is prohibited. As the RCnet Subscription Application states in its requirements, any student computer connected to the RC network must have virus protection software. RC provides automatically updated antivirus software to those PC users who connect to its network. However, it is the responsibility of the student to verify that the antivirus updates are current so that the computer is protected from the most recent viruses. Students who use Macintosh computers must provide their own virus protection software.
  • Follow established procedures as posted in the laboratories.
  • Sending e-mail chain letters to other users on or off campus will not be tolerated.
  • E-mail and newsgroup spamming is prohibited. "Spamming" is defined as sending unsolicited messages to multiple recipients. This does not include e-mail sent from authorized faculty and staff members to specific audiences.
  • Access to information on any RCnet server or other network resource is restricted to that which users have been previously authorized. Attempting to access unauthorized data or resources is a violation of this policy.
  • Using RCnet's resources to commit libel or slander is prohibited. Libel is defined as the dissemination of a false statement of fact or the act of defaming, or exposing to public hatred, contempt, or ridicule, by a writing, picture, sign, etc. Slander is defined as words falsely spoken that damage the reputation of another; the act of defaming or charging falsely or with malicious intent; or attacking the good name and reputation of someone.

Enforcement

Violations of this policy by staff or faculty will be referred to the Personnel Office or Dean of the College, respectively, for appropriate action and/or resolution.

Violations of this policy by students or other non-College personnel will be referred to the Information Technology Department for appropriate action and/or resolution.

Consequence of violating this policy may include suspension of a user's RCnet privileges, including e-mail. A second offense may result in computing privileges being permanently suspended.

A student who has had her RCnet privileges suspended has the right to request a hearing before an appeals panel. This panel's members include the Dean of Students, Dean of the College and the Director of Information Technology. This appeals panel has the final authority on computing privilege suspensions. If a student wishes to appeal a computer related privilege suspension, she should contact the Dean of Students.

Any use of the College's computer resources by a student that constitutes cheating or plagiarism will be referred to the Judiciary Committee in accordance with the procedures published in the Honor System section of the Student Handbook.

Sexual Harassment

Use of the computing resources for the display or transmittal (for example, messages sent through e-mail) of sexually explicit or abusive language, pictures or video that could be considered offensive may also be handled under the College's sexual harassment policy. A copy of this policy is available from the Dean of Students or the Personnel Office.

Electronic Privacy

The Information Technology department will make every effort to safeguard the privacy of e-mail and data files stored on servers. Users are, however, reminded of the following:

  • It may be possible, however unlikely, for individuals to obtain unauthorized access to users' e-mail or personal files.

  • The College may be ordered by a court of law to surrender communications that have been transmitted via e-mail.

  • If a user is under investigation for misuse of e-mail, his/her account may be suspended, and his/her e-mail read as it applies to the offense.

  • A user's e-mail may be purged after an appropriate period as determined by the RC e-mail postmaster whether or not the messages have been read.

  • Files stored on RCnet equipment are subject to evaluation and may be moved or purged depending upon file size and age.

  • Users are reminded that changing their passwords on a regular basis is mandatory and will help maintain privacy.

Information Technology Responsibilities

Information Technology staff provides access to the College community's existing software through the general computing labs, computing classrooms, and networks on campus. Hardware and software licenses that affect the facilities in the student computing labs and the computer classrooms will be monitored by the Information Technology department. The staff of Information Technology will make every effort to ensure the integrity of the computer resources and information stored on the network file server. However, Randolph-Macon Woman's College is not responsible for any loss of information.

User Accounts

Students will receive their e-mail and network account information during an Information Technology orientation session before classes start. Students who wish to have their personal computer connected to the RCnet must fill out theApplication for Campus Connection; found at: http://www.rmwc.edu/it/applicat.htm.

New faculty and staff members need to contact the Help Desk at x4005 to have their accounts set up.

Personal Computers

Students are able to connect their personal computers to RCnet from their residence hall rooms. While the Information Technology staff will provide support for connecting to RCnet, they cannot and will not troubleshoot problems related to the personal computer itself. Simple problems with personal computers may be reviewed, but general problems with hardware or software should be directed to the company from which it was purchased. If repairs are needed, the user must contact a dealer for service. For detailed information about support services or being connected to RCnet, please call the Help Desk at extension 4005.

User Web Space

Members of the RC community are provided space on specific servers for posting web pages accessible from the Internet. Users are allowed a maximum of 10Mb per user for web file space. All policies listed in this resource guide apply to web pages (i.e., copyright laws, invasion of privacy, etc.)

RC is the Internet Service Provider (ISP) for the college community, and under ISP laws of liability, RC has the right to determine what is and is not appropriate to be expressed on all web pages. All information deemed inappropriate by the respective governing bodies of the college will be removed, and the college will hold the individual responsible for any legalities or violations of this policy.

No links from any RCnet system or server will be made to individual student or unsanctioned student group web pages.

It is the users' responsibility to learn how to create web pages. RC will provide instructions and workshops on web development, but it is the users' overall responsibility to learn how to use the resource provided them.

Randolph College reserves the right to remove any web contents or refuse the right of any user to post web pages using college resources.

Computer Software

Randolph College negotiates site licenses with software vendors whenever possible for software products that are selected for extensive use, since these arrangements provide the College community with efficient access to computer programs that support the curriculum while ensuring the copyright owner a fair royalty. Software products that are not licensed to the College may also be used. However, copying is strictly limited except for backup purposes. Whether the software is transferred from the original to a hard disk or to an archival diskette, the backup copy is not to be used at all so long as the other copy is functional.

Copyright law is acknowledged to be inadequate in relation to the complexities of software use. EDUCOM/ Educause, a nonprofit organization that supports the use of technology in education, launched the EDUCOM Software Initiative, which developed a statement of principle intended for adaptation and use by individual colleges and universities. It is reproduced here in full:

The EDUCOM Code

Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community

Source: Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community issued by EDUCOM and ADAPSO

Software enables us to accomplish many different tasks with computers. Unfortunately, in order to get their work done quickly and conveniently, some people justify making and using unauthorized copies of software. They may not understand the implications of their actions or the restrictions of the U.S. copyright law.

Here are some relevant facts:

  1. Unauthorized copying of software is illegal. Copyright law protects software authors and publishers, just as patent law protects inventors.
  2. Unauthorized copying of software by individuals can harm the entire academic community. If unauthorized copying proliferates on a campus, the institution may incur a legal liability. Also, the institution may find it more difficult to negotiate agreements that would make software more widely and less expensively available to members of the academic community.
  3. Unauthorized copying of software can deprive developers of a fair return for their work, increase prices, reduce the level of future support and enhancement, and inhibit the development of new software products.

Respect for the intellectual work and property of others has traditionally been essential to the mission of colleges and universities. As members of the academic community, we value the free exchange of ideas. Just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, applications, data bases and code.

Therefore, we offer the following statement of principle about intellectual property and the legal and ethical use of software. This "code"--intended for adaptation and use by individual colleges and universities--was developed by the EDUCOM Software Initiative.

Software and Intellectual Rights

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution.

Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.

Questions You May Have About Using Software

A. What do I need to know about software and the U.S. Copyright Act?

Unless it has been placed in the public domain, software is protected by copyright law. The owner of a copyright holds exclusive right to the reproduction and distribution of his or her work. Therefore, it is illegal to duplicate or distribute software or its documentation without the permission of the copyright owner. If you have purchased your copy, however, you may make a back-up for your own use in case the original is destroyed or fails to work.

B. Can I loan software I have purchased myself?

If your software came with a clearly visible license agreement, or if you signed a registration card, read the license carefully before you use the software. Some licenses may restrict use to a specific computer. Copyright law does not permit you to run your software on two or more computers simultaneously unless the license agreement specifically allows it. It may, however, be legal to loan your software to a friend temporarily as long as you do not keep a copy.

C. If software is not copy-protected, do I have the right to copy it?

Lack of copy-protection does not constitute permission to copy software in order to share or sell it. "Non-copy-protected" software enables you to protect your investment by making a back-up copy. In offering non-copy-protected software to you, the developer or publisher has demonstrated significant trust in your integrity.

D. May I copy software that is available through facilities on my campus, so that I can use it more conveniently in my own room?

Software acquired by colleges and universities is usually licensed. The licenses restrict how and where the software may be legally used by members of the community. This applies to software installed on hard disks in microcomputer clusters, software distributed on disks by a campus lending library, and software available on a campus mainframe or network. Some institutional licenses permit copying for certain purposes. Consult your campus authorities if you are unsure about the use of a particular software product.

E. Isn't it legally "fair use" to copy software if the purpose in sharing it is purely educational?

No. It is illegal for a faculty member or student to copy software for distribution among the members of a class, without permission of the author or publisher.

Alternatives to Explore

Software can be expensive. You may think that you cannot afford to purchase certain programs that you need. But there are legal alternatives to unauthorized copying.

Site Licensed and Bulk-Purchased Software

Your institution may have negotiated agreements that make software available either to use or to purchase at special prices. Consult your campus computing office for information. Software available through institutional site licenses or bulk purchases is subject to copyright and license restrictions, and you may not make or distribute copies without authorization.

Shareware

Shareware, or "user-supported" software, is copyrighted software that the developer encourages you to copy and distribute to others. This permission is explicitly stated in the documentation or displayed on the computer screen. The developer of shareware generally asks for a small donation or registration fee if you like the software and plan to use it. By registering, you may receive further documentation, updates and enhancements. You are also supporting future software development.

Public Domain Software

Sometimes authors dedicate their software to the public domain, which means that the software is not subject to any copyright restrictions. It can be copied and shared freely.

Software without copyright notice is often, but not necessarily, in the public domain. Before you copy or distribute software that is not explicitly in the public domain, check with your campus computing office.

A Final Note

Restrictions on the use of software are far from uniform. You should check carefully each piece of software and the accompanying documentation yourself. In general, you do not have the right to:

  1. Receive and use unauthorized copies of software, or
  2. Make unauthorized copies of software for others.

If you have questions not answered by this brochure about the proper use and distribution of a software product, seek help form your computing office, from the software developer, or publisher.

Note: Copyright 1987 EDUCOM AND ADAPSO, with permission in brochure to use in whole or in part, providing the source is acknowledged.


Randolph College Copyright Policy

It is the intent of Randolph College that all members of the College community adhere to the provisions of the United States Copyright Law (Title 17, United States Code, Sect. 101, et seq.). The following policy statements and guidelines constitute a manual for anyone at the College who wishes to reproduce, alter, or perform works that are protected by copyright. Full text of the law and its legislative history, plus subsequent analysis and commentary, are available in the Lipscomb Library. Reference staff there can advise on problems that are not specifically addressed in this manual.

Members of the College community who willfully disregard the copyright policy do so at their own risk and assume all liability. A suspected violation by a student of the copyright law as explained in this Computer Resources Policy will be handled by the Student Judiciary Committee in accordance with the procedures published in the Honor System section of the Student Handbook. Violators may also be referred to the appropriate authorities.

Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. Publication is not essential for copyright protection, nor is the well-known symbol of the encircled "c." Section 106 of the Copyright Act (90 Stat 2541) generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

  • Reproduce copies of the work.

  • Prepare derivative works based on the copyrighted work.

  • Distribute copies of the work by sale, rental, lease, or lending.

  • Publicly perform the work (if it is a literary, musical, dramatic, or choreographic work or a pantomime, motion picture or audiovisual work).

  • Publicly display the work (if it is a literary, musical, dramatic, choreographic, sculptural, graphic, or pictorial work, including the individual images of a film for a pantomime).

The copyright owner retains these rights even when the work itself belongs to someone else. However, the rights are not absolute. They are subject to both "Fair Use" limitations, which apply to all media, and medium-specific limitations.

Fair Use

The doctrine of fair use, embedded in section 107 of the Copyright Act of 1976, addresses the needs of scholars and students by mitigating the rights of copyright ownership. However, what constitutes fair use is expressed in the form of guidelines rather than explicit rules. To determine fair use, consider the following four factors [from What Educators Should Know About Copyright, by Virginia M. Helm; Bloomington, IN, Phi Delta Kappa Educational Foundation, 1986]:

  • The purpose and character of the use, including whether the copied material will be for nonprofit, educational, or commercial use. This factor at first seems reassuring; but unfortunately for educators, several courts have held that absence of financial gain is insufficient for a finding of fair use.

  • The nature of the copyrighted work, with special consideration given to the distinction between a creative work and an informational work. For example, photocopies made of a newspaper or newsmagazine column are more likely to be considered a fair use than copies made of a musical score or a short story. Duplication of material originally developed for classroom consumption is less likely to be a fair use than is the duplication of materials prepared for public consumption. For example, a teacher who photocopies a workbook page or a textbook chapter is depriving the copyright owner of profits more directly than if copying one page from the daily paper.

  • The amount, substantiality, or portion used in relation to the copyrighted work as a whole. This factor requires consideration of 1) the proportion of the larger work that is copied and used, and 2) the significance of the copied portion.

  • The effect of the use on the potential market of the copyrighted work. This factor is regarded as the most critical one in determining fair use; and it serves as the basic principle from which the other three factors are derived and to which they are related. If the reproduction of a copyrighted work reduces the potential market and sales and, therefore, the potential profits of the copyright owner, that use is unlikely to be found a fair use.

See the Faculty Handbook Statement on Copyright Responsibility for additional copyright information.

M. Smoking Policy

Smoking IS PERMITTED on the Randolph College campus only in the following areas and circumstances:

Any smoker may smoke outside in areas specially designated for that purpose. Smokers must dispose of tobacco products properly and safely in receptacles provided. Note: Smoking is notpermitted on the porches, steps, or entrances and exits of any campus building.

Students and their guests may smoke in student rooms that are located in a designated smoking area, but only with the doors closed.

Students may smoke in designated Smoking Lounges located in the residence halls, but only with the doors closed.

Smoking is not allowed in the following areas:

Porches, steps, entrances, or exits of any College building.

Inside any campus building except as indicated above.

The College's smoking policy, which is in compliance with the smoking ordinance of the City of Lynchburg, may change due to revisions in campus, local, state, or federal regulations concerning smoking. The campus community will be duly notified of changes in the College's policy.