Student Accountability

It is the policy of Union University that bullying, abuse, molestation, discrimination and harassment within our community, in any form, is prohibited. For the purposes of this policy, harassment is defined as unwelcome conduct, whether verbal or physical, based upon a person’s protected status (race, color, gender, age, religion, marital status, national origin, veteran status, or disability as defined by applicable federal and state laws and regulations) and which affects tangible job benefits or opportunities; interferes with work performance, or creates an intimidating, hostile, or offensive work/learning environment. In most instances, harassment involves an abuse of power or authority by an individual who has control over the employment or academic status of another. However, harassment can occur between peers (e.g., student-against-student harassment).

One form of harassment, sexual harassment, merits a more detailed discussion. Special provisions relating to sexual harassment are included in the following section.

All members of the University community are urged to immediately report all incidents of harassment whenever they occur. The following sections address the Requirement to Report, Complaint Procedure, and Protection from Retaliation for all instances of harassment.

Further information concerning sexual harassment, sexual violence, domestic violence, dating violence, sexual assault or stalking, including provisions of Title IX, the Campus SaVE Act and the Violence Against Women Reauthorization Act, can be found on the Student Accountability, Policies and Resources site.

Union University is committed to providing its faculty, staff, and students with an environment free from explicit and implicit coercive sexual behavior used to control, influence, or affect the well-being of any member of the University community. No student or employee, male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, whether verbal, written, or physical. This includes inappropriate behavior from a member of the same sex. Sexual harassment of any type will not be tolerated and is expressly prohibited. Those who engage in sexual harassment may be subject to civil and criminal penalties. Sexual harassment is grounds for disciplinary action, which may include reprimand, demotion, dismissal, expulsion, or other appropriate action, depending upon the nature of the harassment.

In addition to this policy, Union has a comprehensive Title IX policy that prohibits sex discrimination, including sexual harassment. Union will handle any instances of sexual harassment that fall under Title IX in accordance with Union’s Title IX policy. In the event there is any conflict between the Title IX policy and this policy, Union’s Title IX policy, if applicable, applies over this policy. Union’s Title IX Coordinator or Deputy Title IX Coordinators will determine whether a complaint of sexual harassment qualifies under Title IX or this policy. Information about Union’s Title IX policy is available on the Title IX Resource Page on Union’s website.

Sexual harassment is especially destructive when it threatens relationships between teachers and students, or supervisors and subordinates. Through control over grades, salary decisions, changes in duties or workloads, recommendations for graduate study, promotion, etc., a teacher or supervisor can have a decisive influence on a student, staff, or faculty member’s career at the university. Sexual harassment in such situations constitutes an abuse of the power inherent in a faculty member’s or supervisor’s position. Faculty and staff are asked to be especially sensitive to the fact that they are in a position of authority over students and that authority carries with it a responsibility to be mindful of situations in which they are dealing with students in private, one-on-one associations both on and off-campus.

Sexual harassment does not refer to occasional compliments of a socially accepted nature. It refers to behavior that is not welcome; is offensive; harms morale; creates a hostile, intimidating, or offensive work environment; and which consequently interferes with work effectiveness. Normal, courteous, mutually respectful, pleasant, or non- coercive interactions acceptable to both parties are not considered to be sexual harassment. Sexual harassment is unwanted sexual attention of a persistent or offensive nature made by a person who knows, or reasonably should know, that such attention is unwanted. Sexual harassment includes sexually oriented conduct that is sufficiently pervasive or severe to unreasonably interfere with an employee’s job performance or create an intimidating, hostile or offensive working environment. Sexual harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered on its own would not be harassing. Students and employees are prohibited from harassing other students and employees whether or not the incidents of harassment occur on the University premises and whether or not the incidents occur during working hours.

Sexual harassment encompasses a wide range of conduct. The examples listed below are not intended as an exhaustive list of prohibited conduct.

1. Physical assaults of a sexual nature, such as rape, sexual battery, molestation or attempts to commit these assaults, and intentional physical conduct that is sexual in nature (e.g. pinching, patting, touching the body, brushing up against, tickling, hugging, kissing, or other similar physical conduct).
2. Continued or repeated unwelcome offensive behavior including sexual flirtations, advances, propositions or other sexual comments (e.g. whistling, leering/ogling, lewd gestures, noises, off-color or suggestive language; lewd remarks, innuendoes, sexual jokes, or comments about a person’s body, appearance, sexuality or sexual experience). This includes behavior directed at or made in the presence of any individual who indicates, or has indicated in any way, that such conduct in his or her presence is unwelcome.
3. Preferential treatment or promises of preferential treatment to a student or employee for submitting to sexual conduct, including soliciting or attempting to solicit any individual to engage in sexual activity for compensation or reward.
4. Displaying or distributing any written or graphic material, including calendars, posters, drawings and cartoons that are sexually suggestive, sexually demeaning or pornographic.
5. Threats and demands to submit to sexual requests as a condition of employment or academic status (e.g. assignment, compensation, advancement, career development), as well as offers of job benefits, or academic opportunity in return for sexual favors.

Sexual harassment may result from an intentional or unintentional action and can be subtle or blatant. The context of events and the totality of the circumstances surrounding those events are important in determining whether a particular act or series of events constitutes sexual harassment.

In order for the University to take appropriate corrective action, it must be aware of any instance of harassment or related retaliation. Therefore, the University requires anyone who believes that he or she has experienced or witnessed sexual or other form of harassment, including prohibited activities against minors visiting Union campuses for university sponsored events, or related retaliation to seek assistance from the appropriate campus resource (as outlined in the next section) by coming forward promptly with concerns or complaints. Any university employee who is made aware of sexual harassment or sexual misconduct/violence is required to report it to the appropriate administrator as outlined below.

Anyone who believes that he or she has experienced or witnessed sexual or other form of harassment must report such conduct to Union’s Title IX Coordinator or Title IX Deputy Coordinators.

A person may also report the inappropriate conduct by using the Title IX Incident Report Form, which is available on the Title IX Resource Page on Union’s website. All reports are automatically forwarded to the Title IX Coordinator and Deputy Coordinators. Supervisors must deal expeditiously and fairly with allegations of sexual harassment within their department, taking all complaints or concerns of alleged or possible harassment seriously. They are to ensure that harassment or inappropriate sexually oriented conduct is reported to the Title IX Coordinator or Deputy Title IX Coordinators immediately so that the Coordinator may determine if this policy or Union’s Title IX Policy applies.

Supervisors should take any appropriate action to prevent retaliation or prohibited conduct from reoccurring during and after any investigations or complaints. Supervisors who knowingly allow or tolerate sexual harassment or retaliation are in violation of this policy and subject to discipline.

If a student or employee believes that he or she has been subject to sexual harassment or any unwanted sexual attention, they should make their unease and/or disapproval directly and immediately known to the harasser whenever possible.

If the Title IX Coordinator or Deputy Coordinator determines this policy applies, the contact person will complete a written incident report and forward it to the Associate VP of Human Resources.

To ensure the prompt and thorough investigation of a sexual harassment complaint, the complainant should provide a written record of the date, time and nature of the incident(s) and the names of any witnesses.

The University will handle the matter with as much confidentiality as possible. The University will conduct an immediate investigation in an attempt to determine all of the facts concerning the alleged harassment. The investigation will be directed by the Associate VP of Human Resources. However, if someone from that office is the subject of the investigation, the Office of the Provost (faculty) or the Dean of Students (staff or student) will direct the investigation.

The Associate VP of Human Resources, or the leader of the investigation, is responsible for ensuring that both the individual filing the complaint and the respondent are aware of the University’s sexual harassment policy and investigation. He or she is to explore informal means of resolving sexual harassment complaints and may notify the police if criminal activities are alleged.

As a part of the investigation of the claim of sexual harassment, the contact person, the complainant, and the respondent will be asked to provide statements regarding the incident. Once the report is reviewed and investigation is concluded, a finding may be that sexual harassment did occur, and corrective action (reprimand, demotion, dismissal, or other appropriate action) will be communicated in writing to the complainant and respondent. Appeals to this process may be conducted in accordance to the most recent revision of the faculty handbooks under the sections entitled “Violation of Standards of Conduct” or “Grievance Procedures.”

All documents, except disciplinary action documents, related to an incident will remain in a file other than the employee’s personnel file. Although filed separately, all personnel related files will be kept in the Office of Human Resources. In cases involving students, all documents will be maintained by the Office of the Dean of Students.

There will be no retaliation of any kind against individuals who, in good faith, report instances of sexual or other form of harassment, or who participate in or are witness to a procedure to redress a complaint of sexual or other form of harassment is prohibited not only by University policy but also by state and federal law. Retaliation is a serious violation which can subject the offender to sanctions independent of the merits of the harassment allegation. Any individual found to have violated this provision will be subject to disciplinary action, up to and including dismissal.

This policy applies to all students enrolled in health related academic programs at Union University.

All alcohol and drug test results, evaluation and counseling reports and other related information obtained as a result of this policy will be treated in a confidential matter. Access to this information will be limited to those who have a need to know and will be kept separately from a student’s academic record.

Any of the following actions constitutes a violation of the policy and may subject a student to disciplinary action including immediate termination from the program:

• Consuming or being under the influence of alcohol, smoking or using smokeless tobacco on University property, at a clinical site, or as a representative of Union University.
• Using, selling, purchasing, transferring, possessing, manufacturing, or storing an illegal drug or drug paraphernalia, or attempting or assisting another to do so, while on University property, in a clinical site or as a representative of Union University.
• Using any prescription drug without a current, valid prescription or being under the influence of any prescription drug without a current, valid prescription. A valid prescription is one that is issued by a licensed health care provider authorized to issue such prescription and used for its intended purpose as prescribed before any expiration date. This includes prescription stimulants without a valid, current (within 6 months) psychosocial evaluation.
• Using any drug (over the counter or prescription, regardless of possession of a valid prescription), that has the potential to impair judgment while on University property, a clinical site or while serving as a representative of Union University.
• Refusal to test.
• Conviction of illegal possession and/or illegal distribution of drugs or alcohol.

• Applicant Testing: All applicants accepted into a health-related academic program may, depending on the program requirements, be required to submit to an initial drug screen upon enrollment. This will be at the student’s expense.
• Random Testing: The student may be selected at random for drug and/or alcohol testing at any interval determined by the University. When selected for random testing the student must visit the designated laboratory within twenty-four (24) hours of notification.
• Reasonable Suspicion Testing: Union University may ask the student to submit to a drug and/or alcohol test at any time it feels that the student may be under the influence of drugs or alcohol, including, but not limited to, the following circumstances: evidence of drugs or alcohol on or about the employee’s person or in the employee’s vicinity, unusual conduct on the employee’s part that suggests impairment or influence of drugs or alcohol, negative performance patterns, or excessive and unexplained absenteeism or tardiness.
• Post-Incident Testing: Any student involved in an on-campus or clinical site incident which injures the student, another student or a patient under circumstances that suggest possible use or influence of drugs or alcohol in the incident may be asked to submit to a drug and/or alcohol test.
• Monitoring Testing: Any student participating in a prescribed treatment program will be required to submit to drug testing as indicated by that treatment plan at the student’s expense.

All testing will be performed by designated laboratories certified by either the SAMHSA (Department of Health and Human Services) or other governmental entity. Testing shall be in accordance with industry standards and in accordance with any applicable federal and state laws. The collection procedures shall be designed to ensure the security and integrity of the specimen provided by each student and those procedures shall follow chain-of-custody guidelines.

A Medical Review Officer shall be designated to receive all laboratory results from every type of test and assure that an individual who has tested positive has been afforded an opportunity to justify the test result. If the MRO determines that there is no legitimate explanation for the positive result, such result will then be considered a verified positive test result.

When testing is accomplished by urinalysis testing, it shall be accomplished by split specimen collection. The split specimen will be stored at the initial laboratory until the analysis of the primary specimen is completed. If the primary specimen is negative, the split will be discarded. If the primary specimen is positive, the split will be retained for testing if so requested by the student through the Medical Review Officer. When notified of a positive test result, a student may request a retest of the split specimen within forty-eight (48) hours of notification. The student will be responsible for the costs associated with the retest.

Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved testing device. If the initial test indicates an alcohol concentration of 0.04 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test will be observed and performed between fifteen minutes and no more than 30 minutes from the completion of the original test.

Students who are convicted of any alcohol or drug related violation under state or federal law or who plead guilty or nolo contendere (i.e. no contest) to such charges must inform the University in writing within five (5) days of the conviction or plea. Failure to report a conviction will result in disciplinary action, up to and including dismissal from their academic program and University.

Union University will be responsible for costs associated with the random, reasonable suspicion and post incident screening process. However, students are responsible for costs associated with enrollment and pre-clinical drug testing, participation in approved assistance programs, outpatient and/or inpatient recommended treatment plans and follow-up. Failure to comply will result in program dismissal.

While it is the desire to the University to promote a wellness plan that supports the grace filled community of the University, there are many external factors (e.g. licensing boards and clinical facility requirements) that may prohibit the student’s ability to complete program requirements and may therefore result in program and Universtiy dismissal. If this occurs, the University is not liable for any effects this may cause in being unable to foster the student’s completion of the program’s academic requirements.

If a student is allowed to reenroll in the academic program, an individualized plan will be established by the chair, program director, and/or dean in providing an avenue to promote academic success. The student will have the option to abide by the plan or withdraw from the academic program and University. Reinstatement to continue with original cohort may occur if the suspension is cleared promptly within the semester it occurs. Reenrollment to continue with a subsequent cohort may occur if the suspension is cleared after more than one semester.

The purpose of the Values Violation Process is to give fundamental fairness and consistency to a student who has possibly violated a Union University Value. A student who has been charged with a values violation and thus alleged to be involved in an inappropriate behavior will be granted these rights in the judicial process.

1. Any student, faculty, staff, parent, or guest may present an oral or written report (incident report form) of the facts as they know them regarding the alleged violation.
2. This report is referred to the Vice President for Student Life, Director of Residence Life/Dean of Student Life, Residence Director, or Program Chair. If there is substantial evidence to support the alleged violation, he/she will arrange a meeting with the student. In the case of allegations of academic dishonesty or grade appeals, the faculty member, chair and/or Dean of the school will arrange a meeting with the student. Please refer to the Academic Grievance Policy for the process regarding any academic violation allegations or grade appeals. (See the “Grievance Procedures (Academic)” section of this handbook.)
3. The student will receive written or verbal notification from the Vice President for Student Life, Director of Residence Life/Dean of Student Life, Residence Director, or Program Chair that there is an alleged judicial violation and meeting. Failure by the student to appear for a scheduled meeting of which he/she had been officially notified will necessitate a decision be made by the University without the student’s input. A summons to a judicial meeting takes precedence over any University class or activity.
4. Subsequent to the meeting, the degree of involvement will be established, and a repercussion will be given.
5. The student will receive written notification outlining the findings of the judicial meeting, value(s) violations, and any assigned repercussions. Faculty advisors (and if applicable, coaches and the athletic director) will be copied on all judicial letters.
6. Any student has the right to appeal the decision of any disciplinary meeting if the student believes the treatment received was unjust, all the facts in the situation were not taken into consideration or the action taken was too severe for the behavior involved. (See the “Appeals Process” section of this handbook for further details).
7. Registration for subsequent terms or the conferral of academic degrees may be withheld and a student who may be in a position of leadership will be asked to temporarily step down from that position until the resolution of allegations of values violations has been resolved.

1. Procedures. The student will be informed verbally or in writing of the judicial process detailed in the Campus Life Handbook.
2. Meeting. Depending on the type of violation, the student will be heard by the Dean of Student Life/Director of Residence Life, Residence Director, Vice President for Student Life, faculty member, Chair, Program Director, or Academic Dean. Depending on the nature of the violation, appeals will be considered by the Vice President for Student Life, Program Director, Chair, Academic Dean of the school or college, Faculty/student judicial appeals committee, the adult/graduate appeals committee, or Provost. The procedure for addressing academic violations is found in the Academic Grievance Procedures section of the Campus Life Handbook.
3. Evidence. The student will be informed of all the evidence connecting him/her to the alleged values violation.
4. Testimony. The student may offer personal testimony or decline to testify against oneself, and request permission to bring personal witnesses to the meeting.
5. Counsel. The student may request to bring a personal witness to the meeting in the role of friend, advisor, and counselor.

Union University offers an appeal process to all students who believe the facts surrounding their judicial/student conduct decision merit an appeal. This Appeal Form must be completed and submitted within ten (10) business days after receiving notice of disciplinary repercussions.

Please note you will need your case number when submitting this request. Your case number can be found on the letter sent to you outlining the findings of your case and any repercussions assigned.

A student may appeal a decision based on one of the following reasons:

1. All the facts in the situation were not considered.
2. The action taken does not align with the behavior involved.
3. The Student did not receive due process as outlined in this Campus Life Handbook.

This Appeal Form must be complete and detailed. Students are not guaranteed an interview with those hearing the appeal. All judgments on an appeal may be made solely on the information written in the appeal. This information must be directly related to one of the three reasons above.

The student will be provided an official written notification detailing the decision to accept or deny the appeal.

Academic grievances or grade appeals should be submitted through the Academic Grievance/Grade Appeal form.

Student Complaints should be submitted through the Student Complaints form.