Campus Policies

Alburty Pool
Social and Alcohol Policy
Drugs
Campus Appearance
Commuter Student Lockers
Complaint Procedure
Discrimination and Harassment
Sexual Misconduct
Fraternization
Emergency Preparedness
Rhodes Alert System
Extreme Weather
Tornado Safety
Outdoor Warning Siren
Fireworks
Noise Reduction
Outside Cooking Grills
Pets on Campus
Posting signs
Smoking
Solicitation on Campus
Student Organizations
Fraternities and Sororities
Weapons

 

Alburty Pool

The Alburty Swimming Pool is to be used only during posted hours of operation when pool staff is present. Unauthorized use will minimally result in a $100 per person fine, and is a punishable trespassing offense. Violators may be prosecuted. 

Social and Alcohol Policy

Philosophy
In 2009, led by a group of students, the College adopted the following statement:

As a community we embrace the vision of a healthy and balanced social environment, grounded in trust and open communication among faculty, staff, and students. Such an environment fosters personal and community growth and embodies a sense of responsibility and accountability to self and others. This vision depends upon each member’s commitment to achieve and maintain inclusiveness, consistency, continual education, and the growth of shared traditions. This is our duty to one another.

Rhodes supports behavior and social interactions that are:

• legal,
• responsible,
• healthy, and
• reflective of our community values.

Expectations and Procedures

Responsible and Healthy Behavior

• There is a time and place for alcohol consumption that is consistent with certain college activities and times of day. Behavior should demonstrate respect for the campus, its visitors, and its community.
• Reasonable and safe consumption happens when drinking is done in moderation and not toward a goal of inebriation. When drinking is the focus of an activity or gathering, consumption is less likely to be reasonable and safe. Drinking during or before certain high-risk activities or in conjunction with health conditions or medications is dangerous to both the student and his or her surrounding community.
• Public intoxication is not a community value or activity endorsed by the social policy or alcohol policy of the College. Public intoxication is defined as a state of inebriation indicating impaired judgment, visible intoxication, or behavior that endangers or threatens the welfare of self and others.
• Good Samaritan Statement: The health and safety of students is a priority for the Rhodes community. Because of this, the College has adopted a Good Samaritan Statement, and students are expected to assist fellow community members by utilizing this service. Students are to contact Campus Safety or Residence Life staff when they believe an impaired/intoxicated student is in need of assistance. In case of a medical emergency, students should call 911. When a student or organization calls for assistance, neither the student/organization, nor the impaired student will be subject to an alcohol violation, unless the student involved demonstrates a repeated lack of care for him/herself and the campus community. This policy does not protect students from violations of other college policies, such as threatening/causing physical harm, sexual assault, harassment, damage to property, hazing, etc. This policy likewise does not prevent action by local and state authorities. Staff members will record names of intoxicated students to allow for appropriate follow-up, which may result in timely completion of alcohol education programs, assessment, or treatment, depending upon the level of concern for the student’s health and safety.
• In order to promote safer alcohol consumption and individual responsibility, common containers and mass sources – including kegs and stockpiles of beer or other alcohol – are not permitted.

Hosting Events and Parties
All events planned and hosted by Rhodes College departments and registered organizations must use the Events Management System to:

• Reserve the location (indoor, outdoor, and off-campus) seven days prior to the event start date. If coordination with other departments listed below, arrangements are needed at least three days in advance.
• Arrange catering through Aramark and request any of the following: set-up from Physical Plant (chairs, tables, stage, etc.), AV equipment from the Barret Media Center, Campus Safety if cash is collected or security is needed, and publicity through Communications.
• In planning of events where alcohol is anticipated, the host will work with the advisor (if student group) or the VP for Finance and Business Affairs (faculty and staff) and Campus Safety to plan logistics and procedures related to compliance with the law, organizational rules and by-laws, and the well-being of guests.
• Advertising for events must follow the Posting Signs Policy in the Student Handbook.
• Clean-up of events on campus must be completed by 8 a.m. the following morning unless an earlier time is requested in advance.

Regulatory and Contractual Compliance

• Aramark is Rhodes College’s approved contract vendor for food and beverages. To consume alcohol in the Lair, it must be purchased through Aramark.
• In compliance with the National Collegiate Athletic Association, possession and consumption of alcohol is prohibited at National Collegiate Athletic Association athletic events.
• No organization shall furnish alcoholic beverages to students on campus or at any College function.
• Requests for exceptions to these procedures should be made to the Dean of Students for student groups or the VP for Finance and Business Affairs for other groups.

Legal Behavior   

The following summary is provided to promote increased awareness of the Tennessee laws concerning alcoholic beverages. This summary is not intended to be a restatement of the law nor a summary of all of the laws relating to alcoholic beverages. All members of the Rhodes community are responsible for compliance with the state laws governing the use of alcohol.

Regarding alcohol consumption, according to Tennessee law, it is illegal:

1. For any person or group of legal drinking age to sell, furnish, or provide alcoholic beverages to any person under twenty-one years of age;

2. For any person under the age of twenty-one to purchase, receive, or possess alcoholic beverages;

3. For any person to make a false statement to the effect that he or she is twenty-one years of age or older for the purpose of obtaining alcoholic beverages;

4. For any person or group to sell alcoholic beverages without a license;

5. For any person or group of legal drinking age to sell or furnish any alcoholic beverages to any person who is known to be visibly intoxicated, or to any person who appears to habitually drink alcoholic beverages to excess, or to any person who appears to be a habitual user of narcotics or other habit-forming drugs.

Regarding alcohol and driving a motor vehicle, according to Tennessee law, it is illegal:

1. To drive or be in physical control of a motor vehicle if a person is under twenty-one years of age and register .02 or more blood-alcohol content (BAC); for individuals who are twenty-one or over, the blood-alcohol test level is set at .08.

2. To consume any alcoholic beverage or possess an open container of alcoholic beverage while operating a motor vehicle.

Partial summary of punishments for offenses related to alcohol and motor vehicles:

1. The offense of driving while impaired (.02 or greater BAC) for a person under age twenty-one (21) is a Class A misdemeanor punishable by a driver’s license suspension of one (1) year and by a fine of two-hundred fifty dollars ($250). As additional punishment, the court may impose public service work.

2. The offense of driving while the driver is in possession of an open container of alcohol, or of a beverage containing any amount of alcohol, is a Class C misdemeanor punishable by a fine to be established by the court.

3. The first DUI offense (.08 or higher BAC) is punishable by 48 hours minimum jail time, one (1) year suspension of license, $350 minimum fine, 11 months and 29 days probation, and participation in an alcohol treatment program.

4. The second DUI offense (.08 or higher BAC) is punishable by 45 straight days minimum jail time, two (2) year suspension of license, $600 minimum fine, 11 months and 29 days probation, and treatment.

5. The third DUI offense (.08 or higher BAC) is punishable by 120 straight days minimum jail time, three (3) to ten (10) year suspension of license, $1,100 minimum fine, 11 months and 29 days probation, and treatment.

6. The fourth DUI offense (.08 or higher BAC) is punishable by 150 straight days minimum jail time, five (5) year suspension of license, $3000 minimum fine, and 1 to 6 years probation or parole.

Violations and Sanctions

In light of our Vision and policy we seek to establish an appropriate system for addressing violations of our community, remembering our commitment to fostering an atmosphere of personal and communal development.
· To emphasize learning versus punishment
· To promote development
· To emphasize success and support
· To support responsibility and judgment of individuals and groups.

Student violations of this policy are on a two-tiered system. “Level 1” Violations include, but are not limited to, the possession or consumption of alcohol if under the age of 21 or providing alcohol to underage students. “Level 2” Violations include, but are not limited to, alcohol intoxication or substance induced behavior that places a student at risk in terms of health and safety issues. The adjudicator determines the level of the violation.

Students in violation will:

1. Dispose of all alcoholic beverages in his or her possession or the alcoholic beverages will be confiscated and disposed of by a College staff member;
2. Receive a written or oral warning that current or future policy violation(s) may result in more severe sanctions and/or administrative action at the discretion of the adjudicator.

Below is a general framework of sanctions one may expect if found in violation of the Social and Alcohol Policy. Individual circumstances have substantial impact on the outcome of any given case:

Level 1 Violation

• 1st Violation  - $100 Fine, Alcohol Education, Letter of Warning
• 2nd Violation - $150 Fine, Community Service, Substance Evaluation, Letter of Warning, Disciplinary Probation
• 3rd Violation - $200 Fine, Community Service, Substance Evaluation, Parent Notified, Disciplinary Probation, Letter of Warning, Suspension
• 4th Violation -  Suspension, Parent Notified

Level 2 Violation

• 1st Violation - $150 Fine, Parent Notified, Substance Evaluation, Community Service, Letter of Warning
• 2nd Violation - $200 Fine, Parent Notified, Substance Evaluation, Community Service, Disciplinary Probation , Letter of Warning, Suspension
• 3rd Violation - $250 Fine, Parent Notified, Substance Evaluation, Community Service, Suspension 

Alcohol Education –designed to increase awareness of health, safety and legal issues surrounding alcohol misuse;
Substance Evaluation – evaluation for substance abuse issues at the counseling center;
Parent Notified – The parent will be notified via telephone.
Other Sanctions – see section on “Disciplinary Sanctions”

Failure to complete the required sanction(s) within six (6) weeks will result in: (1) the inability to register at enrollment clearance for the following semester until requirements are met; and (2) other sanctions may be applied.

Special Note: Any violation that includes drinking and driving on campus will likely result in a suspension of parking and driving privileges for the rest of the student’s college career at Rhodes.

Alcohol Awareness   

Rhodes is committed to providing students, faculty, and staff with factual information about alcohol as well as confidential referrals for professional assistance in the event that they are needed. An awareness of the negative effects of alcohol consumption may assist you in your efforts to make safe and responsible choices about alcohol. Educational programs will be organized and conducted annually to promote continued awareness and encourage an attitude of genuine concern and care for others. Information concerning responsible use, effective party planning, indications of abuse or addiction, and resources for assistance are available for you or someone you care about in the Counseling and Student Development Center.

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Drugs

Drug Free Workplace

Rhodes complies with the requirements of the Drug-Free Workplace Act of 1988. The College will not tolerate the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance or the misuse of medications or other legal drugs on the Rhodes campus. Such activity is a threat to the personal safety of the people who work and live on the campus, and a threat to the reputation and mission of the College. Such conduct:

1. Violates the law;
2. Compromises the physical and mental health of those involved; and
3. Threatens the fabric of the community by introducing unlawful elements.

The students, faculty, and staff of Rhodes are responsible for knowing and complying with all applicable state and local laws that make it a crime to possess, sell, deliver or manufacture those drugs considered to be “controlled substances” by the state of Tennessee. Any member of the Rhodes community who violates the law is subject to both prosecution and punishment by civil authorities and to disciplinary proceedings by the College.

Students, faculty, or staff at Rhodes are subject to disciplinary action for the possession, manufacture, use, sale, or distribution (by either sale or gift) of any quantity of any prescription drug or controlled substance or for being under the influence of any prescription drug or controlled substance, except for the appropriate use of an over-the-counter medication or for the prescribed use of medication in accordance with the instructions of a licensed physician. Controlled substances include, but are not limited to, marijuana, cocaine, cocaine derivatives, heroin, amphetamines, barbiturates, LSD, PCP, and substances typically known as “designer drugs” such as “ecstasy” or “eve.” Possession of paraphernalia associated with the use, possession or manufacture of a prescription drug or controlled substance is also prohibited. Students, faculty or staff also are subject to disciplinary action for the misuse or abuse of mind-altering substances (e.g., Amyl Nitrate, Ephedrine, etc.).

The penalties to be imposed by the College may range from probation to suspension or expulsion from one’s place of residence, to expulsion from enrollment, or termination from employment. However, the following are minimum penalties.

Student Penalties

The minimum penalty for a first-time violation of the Drug Policy for misuse or abuse of legal drugs or the illegal use or possession of a prescription drug, controlled substance or drug paraphernalia will be a $100 fine, disciplinary probation for a full year, and a requirement for participation in a drug abuse education and/or treatment program. Parental notification is also likely. Any student who violates the Drug Policy for misuse or abuse of legal or illegal use or possession of a prescription drug, controlled substance or drug paraphernalia for a second time will likely be suspended from the College for at least one year.

Failure to complete a required drug class or a drug evaluation within six (6) weeks will result in the inability to register at enrollment clearance for the following semester until requirements are met. Other sanctions may also apply.

The penalty for sale, manufacture for sale, or distribution of a prescription drug, controlled or mind-altering substance, or drug paraphernalia will be expulsion from the College.

Employee Penalties

All Rhodes College employees are responsible for compliance with the College Drug Policy. The following employee regulations represent the College’s policy concerning illegal drugs:

1. While at work, all employees are prohibited from being under the influence of illegal drugs. Violations of this regulation will be subject to discipline, including termination.

2. The sale, possession, transfer, or purchase of illegal drugs on College property or while performing College business is strictly prohibited. Any such actions will be reported to appropriate law enforcement officials and is cause for immediate termination.

3. Employees, who exhibit chronic erratic or unusual behavior, incur excessive absences or incidents of tardiness, are involved in a work-related accident or otherwise give the College reasonable cause to believe they are under the influence of drugs will be subject to drug and alcohol testing.

Appeals Process: Employees will have the right to appeal any disciplinary action that is consistent with the appeals process as described in the College Handbook..

Summary of State Law Concerning Drugs 

The following summary of the Tennessee Code Annotated is provided to promote increased awareness of the Tennessee laws concerning controlled substances. This summary is not intended to be a restatement of the law nor a summary of all of the laws relating to controlled substances. All members of the Rhodes community are responsible for compliance with laws concerning controlled substances.

It is a criminal offense to knowingly manufacture, deliver, sell, or possess with the intent to manufacture, deliver, or sell controlled substances. The State of Tennessee defines seven categories of controlled substances. Depending upon the type and quantity of substance, felony penalties include fines ranging from $5,000 to $500,000 and imprisonment for not less than one year to not more than 60 years.

For misdemeanor possession of a controlled substance, the penalty is imprisonment of not more than 11 months and 29 days and a $2,500 fine.

The term “drug paraphernalia” means any equipment, products, and materials of any kind which are primarily used, intended for use, or designed for use by the person in possession of them, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance. (T.C.A. 22-42A-1)

The maximum penalty for unlicensed possession of drug paraphernalia is a Class A misdemeanor with imprisonment up to 11 months and 29 days in jail and a $2,500 fine.

The maximum penalty for the unlicensed possession of drug paraphernalia with intent to sell, deliver, or manufacture a controlled substance is a Class E felony with imprisonment for not less than one year nor more than six years, or a fine of not more than $5,000, or both..

Health Risks

People who abuse alcohol or drugs risk damage to both their mental and physical health. The following information includes some health risks associated with misuse of alcohol and drugs.

Alcohol. Alcohol consumption causes a number of changes in behavior and physiology. Even low doses significantly impair judgment, coordination, and abstract mental functioning. Statistics show that alcohol use is involved in a majority of violent behaviors on college campuses, including acquaintance rape, vandalism, fights, and incidents of drinking and driving. Continued abuse may lead to dependency, which often causes permanent damage to vital organs and deterioration of a healthy lifestyle.

Cannibis (Marijuana, Hashish). The use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce coordination and energy level. Users often have a lowered immune system and an increased risk of lung cancer. The active ingredient in marijuana, THC, is stored in the fatty tissues of the brain and reproductive system for a minimum of 28 to 30 days.

Hallucinogens. Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, violent PCP episodes may result in self-inflicted injuries.

Cocaine/Crack. Cocaine users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature, followed by depression. Crack, or freebase rock cocaine, is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, convulsions, and even death.

Amphetamines. Amphetamines can cause a rapid or irregular heartbeat, tremors, loss of coordination, collapse, and death. Heavy users are prone to irrational acts.

Heroin. Heroin is an opiate drug that causes the body to have diminished pain reactions. The use of heroin can result in coma or death due to a reduction in heart rate..

Confidential Drug and Alcohol Resources and Clinical Services:

The Center for Counseling and Student Development
Moore Health and Counseling Center
901-843-3128

Lakeside Behavioral Health System
2911 Brunswick Rd, Memphis, TN 38133
901-377-4733

Memphis Alcohol and Drug Council/NCA, Inc.
1430 Poplar Ave., Memphis, TN 38104
901-274-0056

Memphis Area Intergroup Association (Alcoholics Anonymous)
1835 Union Avenue Suite 302, Memphis, TN 38104
901-726-6750

Methodist Health Care/Lamar Campus/Addictions Services
Methodist Central
1265 Union Ave., Suite 105 Sherard, Memphis, TN 38104
901-726-2996

Mid-Town Mental Health Center
427 Linden, Memphis, TN 38126
901-577-0200, ext. 370

Charter Parkwood Hospital
8135 Goodman Rd., Olive Branch, MS 38654
662-895-4900

Southeast Mental Health Center
3810 Winchester, Memphis, TN 38118
901-369-1400

Veterans Administration Medical Center – Alcohol and Drug Unit
(for veterans and families only)
1030 Jefferson Ave., Memphis, TN 38104
901-532-8990, ext. 5706

Other Helpful Numbers
Rhodes College Chaplain 901-843-3849
Rhodes College Campus Safety 901-843-3880
Southern Poison Center 800-222-1222
Crisis Center Hotline 901-274-7477
Emergency Medical Services 911
Narcotics Anonymous 901-276-5483
Al-Anon/Al-Ateen 901-323-0321
Adult Children of Alcoholics (ACOA) 901-323-0321
Alcohol and Drug Help Line 901-452-0923
LINC (Library Information Center) 901-415-2700

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Campus Appearance

1. Major changes or additions made in the appearance of the campus should be made only with the approval of the Vice President for Finance and Business Affairs and the President.

2. "Campus Art." Rhodes promotes the arts and artistic expression. The Clough-Hanson Gallery exhibits student work periodically. "Campus Art" is defined as works of art requested to be displayed outdoors on the campus. Campus art reflects not only the expression of the artist, but can be perceived as reflecting the views or values of the College. Therefore the principles listed under Campus Regulations should be carefully considered. Works of art that qualify for outdoor display on the Rhodes campus shall be works of art intended as ends in themselves, such as those found in galleries or sculpture gardens. Works that qualify for outdoor display on the campus shall not include items of advocacy or protest or items of information such as posters. (See policy on posting.)

Commuter Student Lockers   

Lockers for commuter students are located in the Bryan Campus Life Center. To receive a locker assignment, contact the Assistant Athletic Director..

Complaint Procedure   

Students with complaints or concerns regarding College policy should address their concerns to the Dean of Students.

Discrimination and Harassment

Rhodes College’s Commitment to Diversity

A diverse learning community is a necessary element of a liberal arts education, for self-understanding is dependent upon the understanding of others. We, the members of Rhodes College, are committed to fostering a community in which diversity is valued and welcomed. To that end, Rhodes College does not discriminate -- and will not tolerate harassment -- on the basis of race, gender, color, age, religion, disability, sexual orientation, and national or ethnic origin.

We are committed to providing an open learning environment. Freedom of thought, a civil exchange of ideas, and an appreciation of diverse perspectives are fundamental characteristics of a community that is committed to critical inquiry. To promote such an academic and social environment we expect integrity and honesty in our relationships with each other and openness to learning about and experiencing cultural diversity. We believe that these qualities are crucial to fostering social and intellectual maturity and personal growth.

Intellectual maturity also requires individual struggle with unfamiliar ideas. We recognize that our views and convictions will be challenged, and we expect this challenge to take place in a climate of open-mindedness and mutual respect.

I. Rhodes College Statement
Discrimination and harassment on grounds of race, gender, color, age, religion, disability, sexual orientation, and national or ethnic origin are forms of misconduct that undermine the institutional mission of the College and thus will not be tolerated. All members of the College community are responsible for maintaining an environment of mutual respect for all persons.
The College’s policy on sexual misconduct is contained in a separate section. This section contains the College’s policy governing other forms of harassment as well as discrimination. The Dean of Students is responsible for ensuring that students are informed of this policy. The Dean of the Faculty and the Director of Human Resources are responsible for taking necessary steps to notify College faculty and staff of the provisions of this policy.
Rhodes College reserves the right to modify these policies and procedures as needed in order to maintain the environment of mutual respect for all persons that is an objective in issuing this present document.

II. Definitions
Discrimination – the act of denying opportunities, resources, or access to an individual or group based on race, gender, color, age, religion, disability, sexual orientation, and national or ethnic origin.

Harassment – actions meant to demean, debase or injure and based on race, gender, color, age, religion, disability, sexual orientation, national or ethnic origin, whether intentional or unintentional.
Harassment can include hostile or intimidating verbal or written communications, physical threats or intimidating conduct based on a person’s race, gender, color, age, religion, disability, sexual orientation, national or ethnic origin that adversely affects the individual and that interferes with a person’s ability to function successfully in her or his academic, work, or social life at Rhodes. Freedom of expression does not include the right to intentionally and maliciously aggravate, intimidate, ridicule or humiliate another person.
It is necessary to consider the intentions and knowledge of the alleged offender in determining whether harassment in violation of this policy has occurred. Even if you don’t know who is responsible for the incident, it is important for students to report incidents of alleged harassment to the Associate Dean of Students.
Both discrimination and harassment may be subject to legal action based on applicable laws. Any act that is thought to constitute a crime should be reported to the Director of Human Resources and the Director of Campus Safety.

Retaliation – Anyone who retaliates against any individual making complaints of discrimination or harassment, or anyone making a false or malicious charge against an employee or student of Rhodes College is in violation of this policy and will be subject to sanctions accordingly.

III. Geographic Jurisdiction
To fall within the jurisdiction of these procedures, the act of discrimination or harassment must have been committed against a Rhodes student or employee by another Rhodes student or employee (a) on College-owned or leased property or (b) at a College-related function. Because students may also be sanctioned for conduct which constitutes a hazard to the health, safety, or well being of members of the College community or which is detrimental to the College’s interest whether such conduct occurs on campus, off campus or at College-sponsored events, the College reserves the right to pursue disciplinary action of off-campus incidents on a case by case basis.

IV. Employee (faculty and staff) Concerns
All employee complaints of discrimination or harassment, including sexual harassment, whether the complaint involves alleged discrimination or harassment must be reported by the employee to the Director of Human Resources or to the Dean of the Faculty.
The Director of Human Resources receives the complaint from the student when the accused is an employee of the College, either staff or faculty. Student complaints against faculty or staff are not subject to the optional procedures outlined in this policy.

V. Student Concerns
Students have several options for handling this situation. You may decide first to talk with the alleged offender yourself in the event that he or she seems unaware of the effects of his or her behavior. You can talk with any RA (resident advisor), faculty, staff or administrator about your sense of being harassed or discriminated against. However, keep in mind that, because harassment and discrimination are destructive to the entire College community, Rhodes will not tolerate such behaviors. Therefore, all RAs, faculty, and administrators are mandated by College policy to report knowledge of allegations of harassment or discrimination to the appropriate office. RAs, faculty, and administrators of the College are expected to keep conversations alleging discrimination and harassment limited to those parties who are responsible for enforcing this policy.

Note: Employee complaints of discrimination or harassment are not subject to the procedural options outlined in this policy.

Counseling Center staff, the Chaplain, the Nurse, and Physicians may be bound by professional ethical requirement to keep conversations with clients confidential. Those professional confidentiality requirements and applicable law will dictate whether information provided to those persons will be shared with others.
Students are strongly encouraged to consult with the Associate Dean of Students, to ensure that any alleged harassment or discrimination may be addressed appropriately and according to the policy of the College and applicable laws.

Reporting Process and Follow up Procedures

The basis or grounds of a complaint should be discussed with the Associate Dean of Students. If the alleged incident of harassment appears to violate any applicable laws, the Associate Dean of Students will report the incident to the Director of Human Resources and the Director of Campus Safety, as required by such laws. The College cannot file charges on a student’s behalf, but the Associate Dean of Students will inform the student about the legal avenues that he or she can pursue. 

Described below are three processes for resolution of a complaint. A complaint by the student may be addressed by using the following processes: individual action (option I below), mediation (option II below), or formal complaint (option III below). However, the College at all times reserves the right to address the complaint without regard to the resolution process chosen by the student. Violation of this policy could result in suspension or expulsion.

If after meeting with the Associate Dean of Students, the student complainant decides to make a Formal Complaint, the Associate Dean of Students registers the Formal Complaint to the Dean of Students or designee.

Investigations will be arranged for and conducted as promptly and in as confidential a manner as possible. Investigations will include discussions with both the complainant and the alleged offender. Inquiries may also be made of other persons who may have knowledge about or related to the alleged incident. The investigator may outline to the complainant the investigative actions that will be taken and the anticipated time frame for completing the investigation.

It is important that the schedule allow for a thorough investigation. The amount of time needed may vary with the nature of the alleged incident.

Alleged violations by students will be dealt with by the procedures outlined below for an administrative hearing.

Procedural Option I — Individual Action

Pursuing some type of individual action to resolve a problem either before or instead of a formal complaint process is not uncommon. While individual action is no substitute for good policy and procedure and may not be advisable in certain situations, it can be an important tool for educating the alleged offender (who may be unaware of the impact of his or her behavior) and restoring the victim’s sense of dignity. Examples of individual action include:

1. Talking to the alleged offender about the incident. You may wish to take someone with you for support.

2. If the behavior continues, you may want to keep a log of times, dates, places, witnesses, the nature of the discrimination or harassment, what the alleged offender said and did, how you responded, etc.

3. Writing a specific kind of letter to the person whom you believe has discriminated against or harassed you that includes:

a. The writer’s factual account of what happened, but without any subjective evaluation of such. This account should be as detailed as possible, including dates, places, and descriptions of the incidents.

b. A description of how those events made or still make the writer feel, and what the writer wants to happen in the future. This part may be very short, since most writers usually just want the behavior to stop, e.g., “Please do not say these things to me again.”

The letter should be delivered only to the alleged offender either in person or via email. The writer is encouraged to keep a copy of any letter written to the alleged offender.

If the letter does not achieve its purpose, the letter can be used to support further complaints. Ideally, the letter will be a way to prompt a conversation with the alleged offender. If you think an official of the College should be involved, then you should meet with the Associate Dean of Students who can explain further options to you..

Procedural Option II — Mediation

The mediation process provides an official administrative alternative to the informal procedure above. It is intended to allow those involved in alleged discrimination or harassment to discuss their respective understandings of the incident with each other with the assistance of the Associate Dean of Students. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. Its goal is to facilitate the resolution of the incident.
Requests for mediation are filed in writing with the Associate Dean of Students. A request may be filed either by the complainant or by someone who has been accused of discrimination or harassment. Both the complainant and alleged offender must voluntarily enter into mediation. The Associate Dean of Students will work with both parties to determine their willingness to participate in mediation and to verify that mediation is their choice at this time among the alternatives provided by the College.

Mediation Procedures. When both parties have agreed to mediation, the Associate Dean of Students or a trained designee will initiate the mediation process. The Associate Dean of Students (or his/her designee will contact both parties to set the date, time, and location of the mediation session(s). Every reasonable effort will be made to begin mediation within one week after the complaint is filed and to complete the mediation session(s) within one week of their initiation.

The only parties present at the mediation session(s) will be the parties directly involved in the incident and the mediator. During the mediation process the mediator may:

1. Ask the complainant and then the alleged offender to give their versions of the incident in question, including both factual information and their feelings;
2. Identify key issues that emerge in the first step and make these known to both persons;
3. Seek the agreement of both parties on the issues;
4. Facilitate discussion as the two parties consider each issue more completely and as they generate solutions for each; and
5. Work with both parties to develop a written document that will include a statement of agreement on each issue. Any activity or behavior that either party has agreed to perform following the mediation should be included in this agreement. In particular, the mediation agreement must include the agreement of both parties not to compel the mediator to provide testimony or to provide his or her notes in any process outside the mediation procedure.

The written mediation agreement shall be signed by both parties and approved by the Associate Dean of Students or the designated mediator.

Because participation in the mediation process is entirely voluntary and the final result is a product of mutual agreement, this process cannot be appealed. If either party is dissatisfied with the mediation process, at any time prior to signing of a written agreement, that party may request that the mediation process cease. A Formal Complaint Process (Option III) may be pursued by the complainant at any point prior to the signing of the statement of agreement if the complainant or alleged offender requests that the mediation process cease.

In order to promote honest and direct communication among the parties and the mediator and to facilitate the completion of agreed-upon terms, all statements made in the mediation process must remain confidential, and as noted above the parties to the mediation procedure must agree not to compel the mediator to provide testimony or to provide his or her notes in any process outside the mediation procedure. The Associate Dean of Students’ office keeps copies of the complaint form, the mediation agreement, and any documentation concerning completion of or non-compliance with the agreed-upon activities or behavior.

In the event that a Formal Complaint Process is initiated after some part of the mediation process has taken place, only the Written Complaint (see below) will be forwarded to the administrator in charge. Only the party making the statement may disclose statements made during the mediation process in the investigation or hearing processes. Violations of the terms of the mediation agreement should be brought to the attention of the Associate Dean of Students, who will set in motion a Formal Complaint Process..

Procedural Option III — Formal Complaint Process

A Formal Complaint Process may be initiated when the seriousness of the alleged violation warrants it or when mediation does not produce a resolution. A Formal Complaint Process is requested by the person allegedly victimized.

Formal Complaints are initiated by submitting a Written Complaint to the Associate Dean of Students. The Associate Dean of Students meets with the complainant to discuss the complaint and to help the complainant determine whether it is indeed appropriate to go ahead with a Formal Complaint.

If the meeting concludes with a decision to go forward with the Formal Complaint Process, the Associate Dean of Students forwards the Written Complaint to the appropriate administrator for adjudication or referral to the appropriate judicial council (Reference SRC Policy).

If the alleged incident of harassment appears to violate any applicable laws, the Associate Dean of Students will report the alleged incident to the Director of Human Resources and the Director of Campus Safety, as may be appropriate under applicable law. The College cannot file charges on the complaining student’s behalf.

A Formal Complaint should be filed as soon as possible after the occurrence to facilitate a prompt and thorough investigation. In every case, an investigation will be conducted as promptly and in as confidential a manner as possible.

Appeals

Either the complainant or the accused may appeal the decision of the administrator/Social Regulations Council. The appeals procedure is outlined in the Rhodes College Student Handbook, Regulations and Appeals section (for hearings conducted by an administrator) and in the Social Regulations Constitution section (for SRC hearings).

The appeals officer/SRC shall provide the accused, the complainant and the Dean with copies of the appeals officer’s/SRC’s final decision. The decision may include affirmation, reversal or modification on the original decision. This decision shall be final..

If You Think You Have Been Discriminated Against or Harassed by a Campus Organization

You should report the incident to the Associate Dean of Students. The Associate Dean, in consultation with the Dean of Students, will recommend the best procedure for resolution of such complaints.

The Dean of Students may impose sanctions upon student organizations up to and including the temporary or permanent loss of status as a recognized campus organization. Sanctioning an organization does not preclude the College from taking action against individual members who are alleged to have led or participated in the incident. Those individual members will be dealt with according to the procedures outlined earlier in this document..

Campus Resources:

Dean of the Faculty
300 Halliburton Tower
843-3795

Dean of Students
4th Floor Burrow
843-3885

Associate Dean of Students
4th Floor Burrow
843-3885

Assistant Dean of Students
4th Floor Burrow
843-3885

Counseling Center
Moore Moore Counseling Center
843-3128

Chaplain’s Office
310 Briggs
843-3849

Director of Human Resources
Human Resources - Modular
843-3750

Director of Campus Safety
Spann
843-3880

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Sexual Misconduct

Opening Statement

Rhodes College is committed to providing a working, educational, social, and residential environment for all members of our College community, including all faculty, staff, and students, that is free from any form of sexual misconduct including harassment and assault. Sexually abusive behavior is harmful to both the learning environment and the sense of community the college is trying to foster among students, faculty, staff, and administrators. This policy aims to maintain a consistent, compassionate, campus-wide mechanism for assisting Rhodes students who have been sexually assaulted or harassed by a Rhodes student or employee regardless of where or when the incident occurred..

Sexual Harassment

Sexual harassment is a form of misconduct that undermines the institutional mission of the College. Sexual harassment may be defined as unwelcome sexual advances, requests for sexual favors, physical conduct, written, verbal or electronic communication or printed materials of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience;

2. Submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting such individual; and/or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work, academic performance, participation in co-curricular activities, or creating an intimidating, hostile, or offensive working, learning, social, or residential environment.

Sexual harassment can take many forms, and the determination of what constitutes sexual harassment will vary according to the particular circumstances. Sexual harassment may be described generally as unwelcome sexual behavior that a reasonable person would find offensive and that adversely affects the working, learning, or campus-living environment. Such conduct can have the effect of unreasonably interfering with academic performance and create an intimidating, hostile, or offensive learning environment, thereby infringing upon the rights of third parties and the rights of the Rhodes community member to whom it is directed..

Sexual Assault

Sexual assault will not be tolerated in the Rhodes community. It may be punishable by both civil and criminal legal action and constitutes a serious violation of the Standards of the Rhodes Community and the Sexual Misconduct Policy.

Non‐consensual sexual intercourse:
• any sexual intercourse (anal, oral, or vaginal),
• however slight,
• with any object,
• without consent.

Non‐Consensual Sexual Contact:
• any intentional sexual touching,
• however slight,
• with any object,
• without consent

Sexual exploitation:
Occurs when a student takes non‐consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
· prostituting another student;
· non‐consensual video or audio‐taping of sexual activity;
· going beyond the boundaries of consent (such as letting friends hide in the closet to watch consensual sex);
· engaging in peeping;
· knowingly transmitting an STI or HIV to another student.

Notes on the above policies:

Consent is informed, freely and actively given, using mutually understandable words or actions which indicate a willingness to do the same thing, at the same time, in the same way, with each other. Students are strongly encouraged to talk with each other before engaging in sexual behavior, and to communicate as clearly and verbally as possible with each other. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same thing, in the same way, at the same time, with one another.

Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.

Previous relationships or consent cannot imply consent to future sexual acts.

Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion.

Sexual activity with a person one knows to be - or should know to be— mentally or physically incapacitated (by alcohol or other drug use, mental disability, sleep, the taking of a so-called “date-rape” drug, unconsciousness or blackout) constitutes violation of this policy. Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction.

Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

Sexual activity includes:
· Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

· Intercourse, however slight, meaning vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact).

Reporting Sexual Misconduct

It is the responsibility of managers, supervisors, department chairpersons, directors and President’s Office Staff to ensure that employees and contract employees under their direction or supervision are informed of this policy. In order to promote and uphold the College’s commitment to an environment free of sexual misconduct, it is the responsibility of all members of the College community (excluding staff counselors, physicians and nurses, and the Chaplain) to report alleged violations of this policy to the appropriate College official. Allegations involving a faculty or staff member should be reported either to the Dean of the Faculty or the Director of Human Resources. Allegations against a student should be reported to the Director of Student Conduct or the Dean of Students. Investigations will be conducted as promptly and in as confidential a manner as possible. Anyone who retaliates against any individual making complaints of sexual misconduct, or anyone making a false or malicious charge against a member of the community is in violation of this policy and will be subject to sanctions accordingly.

Violations of this policy involving college employees will be dealt with according to Rhodes policies regarding “Dismissal for Cause” and “Employee Discipline.” Allegations against students will be dealt with by the procedure outlined below.

Students who wish to report violations of this policy by other students should file a complaint with the Director of Student Conduct or the Dean of Students. Students are encouraged to have a trusted friend accompany them for support as they work with these College staff to determine the best course of action for them. Rhodes staff are required by law to ask students who report any degree of criminal sexual conduct occurring on Rhodes property if they wish to file a police report, though filing such a report is not required. If a student chooses to file a report, the Memphis Police Department, in coordination with Rhodes Campus Safety, will interview the student and determine if she or he wishes to press criminal charges. Students retain the right to determine for themselves whether or not to pursue criminal charges. Students who wish to pursue criminal or civil charges are encouraged to seek the advice of an attorney. A student who chooses not to press criminal charges may still pursue any of the administrative options outlined below with the College. Any complaints filed with the College or law enforcement should be filed as soon as possible after the occurrence to facilitate a prompt and thorough investigation.

Any student who is the victim of sexual misconduct (whether on or off campus) is encouraged to use the confidential services of the Counseling and Student Development Center (843-3128). Information regarding incidents disclosed to Counseling Center Staff is confidential and will not be reported to College administration, parents, or law enforcement agencies without the express written consent of the student. Students who have been sexually assaulted may also use the off-campus services of the Memphis Sexual Assault Resource Center (272-2020). MSARC services are available 24 hours a day.

Any member of the College community can file a third party report with the Director of Student Conduct, Dean of Students, or Counseling Center detailing an incident involving sexual misconduct.

Resources
Whom Can I Talk To?

A more important question may be, “Whom can I trust?” especially if you were subjected to sexual misconduct by someone you know. If you wish to speak with someone on campus in confidence, we recommend seeking assistance from the Student Counseling Center or the Chaplain. Confidentiality will only be broken in cases of clear and imminent danger to self or others and for alleged child or elderly abuse. You can also talk with any RA, faculty, staff or administrator about the misconduct. Keep in mind, however, that because sexual misconduct is destructive to the entire College community, Rhodes will not tolerate such behaviors. Therefore, all RAs, faculty, staff and administrators - with the exception of the Counseling Center staff, the Chaplain, the College Nurse and Physicians - are mandated by the College policy to report any knowledge gained regarding allegations of sexual misconduct. This isn’t to discourage you from talking with someone! This is to ensure that any perpetrators of sexual misconduct will be held accountable according to our policy and that Rhodes will continue to be a safe place in which to live and study.

Peer support:

Rhodes College Peer Advocates: 901-230-6504

The Peer Advocates are staffed by students trained to support people who feel they have suffered some kind of harassment or assault. Its members are trained to assist students in navigating the process for reporting and, if appropriate, addressing sexual misconduct. The Peer Advocates cannot promise confidentiality but are committed to supporting students through these difficult circumstances in partnership with other Rhodes College resources and staff. Someone will answer this phone 24 hours a day.

Confidential resources:

Rhodes Counseling and Student Development Center
Moore Moore Building, Ext. 3128
Professional staff provide free and confidential short-term counseling services to all Rhodes students.
Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday.

Rhodes Chaplain
310 Briggs, Ext. 3849
The Chaplain is available to provide free and confidential support to all Rhodes students.
Office hours are 8:30 a.m. to 5 p.m., Monday through Friday.

To file a complaint:
Campus Administration
To report harassment/assault by:
Students: Contact the Director of Student Conduct or the Dean of Students, ext. 3885
Faculty: Contact the Dean of Faculty, 223 Palmer Hall, ext. 3795
Faculty, Staff and Contract Employees: Contact the Director of Human Resources, ext. 3750

Rhodes Campus Safety, Ext. 3880
Campus Safety Officers can help victims locate a safe place and alert any needed assistance. Officers are also trained to help secure a crime scene.. 

For assistance immediately following a sexual assault:
Memphis Sexual Assault Resource Center
2675 Union Ave. Ext.; Memphis, TN 38112
24-hour contact number:  272-2020
MSARC provides free and confidential medical, counseling and advocacy services to any Shelby County resident victimized by a sex crime. Medical services are available on a walk-in basis Monday through Friday, 8:30 a.m. to 4 p.m. After 4 p.m. on weekdays and anytime on weekends, persons needing medical services must report to the police initially to get treatment, but are not required to pursue criminal charges. MSARC medical services can be provided within the first 48 hours after an assault. These services include: (1) gathering a “rape kit” in the event criminal charges are pursued; and (2) providing prophylactic treatment to prevent the contraction of a sexually transmitted disease or pregnancy. After 48 hours, but within 72 hours, MSARC can provide prophylactic treatment, but cannot collect a “rape kit.” After 72 hours, persons are referred to a private physician for medical follow-up. Counseling and advocacy services are available at any time after the assault from MSARC.

Memphis Police Department
201 Poplar Ave.; Memphis, TN 38103
Emergency  911
General Reports  545-2677
Sex Crimes Squad  545-5330

The police encourage prompt reporting after an assault. Sexual assault survivors can call the general reporting number or the Sex Crimes squad to report an assault. Initial police reports are taken by the precinct in which the assault occurred. Sex Crimes obtains a report from the precinct and interviews the survivor. Once evidence is gathered and a determination is made regarding a specific offender, Sex Crimes provides the Attorney General’s office with information so that a determination regarding prosecution can be made. Steps in prosecution may include: initial report to the police, police interview, police statement taking, police investigation and determination on prosecution. If cause is found for prosecution, the next steps will involve a preliminary hearing in court, a grand jury hearing and a criminal court trial.

Procedural Options

The College offers three procedural options for the resolution of cases of the Sexual Misconduct Policy when the complainant and respondent are Rhodes students. Students will receive guidance from College staff on the most appropriate avenues for addressing their particular circumstances. Procedural Options II and III provide an opportunity for both parties in the dispute to present their versions of the incident and to come to an understanding about the nature of the incident and its effect on the complainant, the respondent and the College community. It must be noted that the use of any of these procedures does not preclude the use of other dispute resolution options, including civil and/or criminal legal action. These options may proceed regardless of progress of any related criminal investigation or hearing. Though the Director of Student Conduct is described as the administrator of these procedures, a substitute may be designated if circumstances dictate as such.

Procedural Option I — Individual Action. In cases of sexual harassment, it is not uncommon for students to pursue some type of individual action to resolve a problem, either before or instead of a formal complaint process. While individual action is no substitute for good policy and procedures nor advisable in certain situations, it can be an important tool for ending sexual harassment and/or restoring the victim’s sense of personal control and dignity. In the event that individual action does not resolve the problem, students are strongly encouraged to consider the other procedural options available. Examples of individual action include:
1. Create a personal account of times, dates, places, witnesses, the nature of the conduct, what the respondent said and did, how you responded, your feelings about what happened, etc.
2. Tell a supportive friend, co-worker, family member or counselor about it. This can help ease the feelings of isolation and shame, and give you another perspective on what happened.
3. Write a letter to the respondent. This could be a factual account, description of how the events in question make the writer feel, and/or expectations and hopes for the future. This letter can be formally delivered to the respondent with no expectations of a specific response, but the act of writing and sending such a letter can help the affected student begin to deal with the difficult circumstances involved. Should a student choose to write a letter, he or she should be prepared for a response letter or other contact from the respondent. Though it is not required, a student may engage in a dialogue with the respondent to try to resolve the situation. However, should either party at any time feel threatened by the other, further contact should cease and the Director of Student Conduct should be informed in efforts to identify a more productive means of resolution.

Procedural Option II — Mediation. The mediation process provides an alternative to the Administrative Hearing Process (Option III). It is intended to allow the two or more students involved in alleged sexual misconduct to discuss their respective understandings of the incident with each other with the assistance of a trained mediator. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. Its goal is to facilitate the resolution of the incident to the satisfaction of both persons involved.
Requests for mediation should be filed in writing with the Director of Student Conduct. Mediation is available only while the respondent is a Rhodes student. Both students must voluntarily enter into mediation. The Director will work with both parties to determine their willingness to participate in mediation and to verify that mediation is their choice at this time among the alternatives provided by the College. Mediation is not a suitable resolution process for instances of sexual assault.

Mediation Procedures. When both parties have agreed to mediation, the Director will assign a mediator from the staff or faculty of the College. The Director will listen to valid objections by either party about the choice of a mediator and may choose another mediator. The mediator will contact both parties to set the date, time and location of the mediation session(s). Every reasonable effort will be undertaken to select the mediator within two weeks of the request and to hold the mediation within two weeks of that selection.
The only parties present at the mediation session(s) will be the students directly involved in the incident and the mediator. During the mediation process the mediator will:
1. Ask the complainant and then the respondent to give their versions of the incident in question, including both factual information and their feelings;
2. Identify key issues that emerge in the first step and make these known to both persons;
3. Seek the agreement of both parties on the issues;
4. Facilitate discussion as the two parties consider each issues more completely and as they generate solutions for each; and
5. Work with both parties to develop a written document that will include a statement of agreement on each issue. Any activity or behavior that either party has agreed to perform following the mediation should be included in this agreement.
The written mediation agreement shall be signed by both parties and approved by the Director. In the event that either party violates this agreement, the Director may assign a sanction to that party without limitation. If either party feels the terms of the agreement have not been met, he or she may contact the Director. The Director shall ask the mediator to investigate the allegation of noncompliance by discussing the allegation with both parties and consider any evidence presented by either party on the issue of noncompliance. The mediator will present the evidence to the Director and if the allegation is supported, the Director shall determine the appropriate sanction and notify both parties. Because participation in the mediation process is entirely voluntary and the final result is a product of mutual agreement, this process cannot be appealed.
If either party is dissatisfied with the mediation process, at any time prior to signing of a written agreement, that party may request that the mediation process cease. An Administrative Hearing (Option III) may be pursued by the complainant at any point prior to the signing of the statement of agreement if the complainant or respondent requests that the mediation process cease.
In order to promote honest and direct communication among the parties and the mediator and to facilitate the completion of agreed-upon terms, all statements made in the mediation process must remain confidential. In the event that an administrative hearing is requested after some part of the mediation process has taken place, only the complaint will be forwarded to the Director. Neither party may use statements made by the other during the mediation process in the investigation or hearing processes. The Student Conduct Office will keep copies of the complaint form, the mediation agreement, and any documentation concerning completion of or non-compliance with the agreed-upon activities or behavior.

Procedural Option III – Administrative Hearing. An Administrative Hearing is the method for the formal adjudication of cases involving sexual misconduct among students. The hearing encourages an open exchange of information within the framework of this confidential procedure. While every effort will be made to ensure fairness for the parties involved, the process shall not be bound by rules of criminal or civil procedure. All participants in all stages of the hearing process shall keep information learned in the course of the hearing, including the outcome of the hearing, confidential.
The Director of Student Conduct presides over Administrative Hearings and convenes the Misconduct Hearing Board, which is composed solely of administrators and staff. The Administrative Hearing should be undertaken with as much impartiality as possible. As such, members chosen to hear the case should alert the Director to any conflicts of interest and decide jointly with the Director if they should recuse themselves from the case. Once bias has been addressed in this manner, the complainant and respondent will both have the opportunity to review the names of those hearing the case and voice any concerns to the Director, who will decide whether to make substitutions on that basis.
Students who believe that they have been victims of sexual misconduct while enrolled at Rhodes and desire an administrative hearing should file a written complaint with the Director. If the incident was a sexual assault, the student is encouraged to consider whether to report the matter to the appropriate law enforcement authorities. Any complaints filed with Rhodes administration or law enforcement should be filed as soon as possible after the occurrence to facilitate a prompt and thorough investigation. The Director shall designate a member or member(s) of the Sexual Misconduct Hearing Board to investigate the complaint of sexual misconduct, along with any other charges associated with the complaint. The report of this investigation shall be submitted to the Director. If, after the investigation, the Director finds that there is reason for a hearing, the Director shall inform the parties involved in writing. The respondent shall be provided the following information:
1. The nature of the charges;
2. The name of the complainant;
3. The date, time and place of the Administrative Hearing; and
4. The name or names, when applicable, of those selected from the Sexual Misconduct Hearing Board who will participate in the Administrative Hearing with the Director.
If, after the investigation, no substantial reason is found to warrant further action, the Director will notify both parties that the matter will be resolved by other means. The Director shall meet with the complainant and the respondent at least three days prior to the hearing if reasonably possible. At this time, the Director shall review the hearing procedures and discuss any procedural questions raised.

Administrative Hearing Procedures

1. Persons Present. During the Administrative Hearing, only the complainant, the respondent, the Director and the members of the Hearing Board shall be present. The Director has the discretion to determine whether, and under what circumstances, the respondent may physically confront the complainant. The Director may choose to have the College’s attorney present at the hearing; in this case either party may choose to have an attorney present as well. Such attorneys’ participation shall be limited to attendance at the proceedings and advice to their respective clients; they may not address the Hearing Board or ask questions. Otherwise, attorneys will not participate in this process. Witnesses other than the complainant, the respondent and their representatives may remain in the room only while giving their statements and answering questions, unless the Director and other involved parties agree otherwise.

2. Rules of Procedure and Evidence. The Director shall make all determinations with regard to procedure and evidence. The Director has the discretion to determine whether, and under what circumstances, the respondent may physically confront the complainant; if deemed necessary and/or appropriate, the hearing may proceed such that the two are separated or participate from separate locations. The Director shall not be bound by the rules of procedure or evidence applicable to judicial or administrative proceedings. The Director may adopt such rules of procedure, if any, the Director deems appropriate. The Director may allow any evidence that the Director determines to be competent, material, and relevant to the matter under consideration.

3. Recording. The Director shall arrange for the proceedings to be recorded and shall arrange for the recording to be available to either party upon request until after all appeal options are exhausted.

4. Statements. The parties may make opening statements at the beginning of the hearing and closing statements at the end of the hearing. The complainant shall have the right to make the first statement and a rebuttal closing statement. Members of the hearing board may pose questions in order to clarify these statements.

5. Presentation of Evidence. First the complainant and then the respondent shall have the right to present any witnesses, documents and other evidence. The complainant shall have the right to present rebuttal evidence following the presentation of the respondent’s evidence.

6. Decision. The Director, after careful consideration of the evidence and advisement from the panel members, will provide to both parties the Director’s decision including the Director’s (a) conclusions as to the alleged offenses and (b) sanctions, if any, imposed against the respondent.

7. Sanctions. If the Director finds the respondent in violation of any charge, the Director may impose any sanction the Director deems appropriate. Possible sanctions are listed on page 16 of the Student Handbook.

8. Appeals. Either the complainant or the respondent may appeal the decision of the Director by notifying the Dean of Students or designee of his or her intent to appeal within two business days after the receipt of the written decision. A written statement outlining the grounds for the appeal shall accompany notification of appeal. Grounds for appeal are limited to alleged error in the procedure, alleged errors in the interpretation of this policy, and allegations that the conclusion or sanction is unsupported by the record. The Dean or designee shall provide the respondent, the complainant and the Director with copies of the Dean’s decision. The decision may include affirmation, reversal or modification on the Director’s decision or sanction. The Dean’s or designee’s decision shall be final.

Rhodes will make every reasonable effort to protect the privacy of the individuals involved in consultations, informal complaints, and hearings, insofar as it is feasible, considering Rhodes’ duty to investigate the complaint and take appropriate action.

Sexual Misconduct Education Committee

Rhodes has established the Sexual Misconduct Education Committee to assist in the enforcement of these policies, to educate the Rhodes community and to advise the Counseling and Student Development Center about outreach programming. The Committee includes a Convener (Director of Counseling and Student Development), two students (one man, one woman), two staff (one man, one woman) and two faculty members (one man, one woman). The Dean of the Faculty, the Dean of Students and the Vice President for Finance and Business Affairs, acting jointly, will make the appointments.

Reducing the Risk of Sexual Assault

No one can eliminate the risk of sexual assault. It can happen to anyone, no matter how intelligent or careful they are. There are steps we can all take to reduce the risk of being assaulted or of committing assault. Keep the safety tips below in mind and practice them.

· According to the Center of Addiction and Substance Abuse, 90% of all sexual assaults involve alcohol or drug use, so if you choose to drink, drink responsibly. If you are drunk or high, you may not recognize behaviors which place you at risk. Assume that if you are having sex with someone who is drunk or high, you probably do not have that person’s consent.

· Only consume drinks that you have poured or that come in a presealed container that someone opened in your view. Premixed drinks can have more alcohol than you might want. Also, new drugs like Rophypnol (also known as roofies, ropy, etc.) can be dissolved in drinks, and can cause you to lose consciousness quickly. If you lose track of your drink at a party, get a new one. Don’t drink anything that has been sitting unattended.

· If you leave a party with a new friend, first let close friends know where you are going and when to expect you back.

· Double-date on the first few dates if you don’t know your date well.

· Know that being invited back to someone’s room does not equal the gaining or giving of consent for sexual activity of any degree.

· Stop your friends if you see them doing something that puts them at risk for either committing sexual assault or for being sexually assaulted..

What to Do if You Have Been Sexually Assaulted

Go to a safe place. You will likely be in shock after a sexual assault. Go where you have friends you can trust. Do not bathe, shower, douche, urinate, defecate, or brush your teeth after the assault. It’s understandable that you will want to cleanse yourself, but before you do you will need to think about reporting the assault.

Talk with someone you trust. Many people believe that assault is a taboo subject. However, that is not true! Talking with someone you trust will help you begin healing from the assault. Talking will also let people in your life know how to help you. A friend or trained counselor may also be able to help you sort through your thoughts about reporting it to the authorities.

Seek medical help. Medical help is important to 1) ensure that you are physically okay, 2) preserve evidence in the event that you do want to report the crime, and 3) protect you from the possibility of sexually transmitted diseases or pregnancy.

Report it. Sexual assault is a serious matter that affects not only you but others who may be victims in the future. You must do your part to help the College protect you and other potential victims.

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Fraternization

As an educational institution Rhodes College is committed to maintaining an environment in which its faculty members, students, administrators, and staff members are safe, can be trusted and count on others to be trustworthy, and receive and extend to others respect as human persons. Indeed, mutual respect among faculty members, students and administrators is an essential ingredient in the educational process and the greatest care must be taken that it not in any way be eroded.

Virtually all faculty members, administrators, and staff members are, or can appear to be, in a position to exercise power or authority, directly or indirectly, over students, whether or not an individual student is enrolled in their classes, are subject to their direct supervision, or have some form of business to transact with offices at the College. Many students are at a stage in their development when they may be particularly vulnerable to the influence of faculty members, administrators, and staff members who are in positions where they can affect the terms and conditions of a student’s standing at the College.

If a student consents to a romantic relationship with a faculty member, administrator, or staff member, the existence of such a relationship could have unintended adverse effects on the educational environment of the College. In some cases such a relationship can end unhappily or become problematic, resulting in charges of sexual harassment, and even physical or psychological abuse.

Some circumstances in which faculty members, administrators, and staff members work with students can have the potential for the exploitation of students. For example, a work-study student might be asked to perform services that go beyond the terms and conditions of the work-study assignment, e.g. child care, personal business transactions. In such cases, it must be clear that the student may decline such personal invitations without any adverse consequences. It may be that a work-study student will respond to an invitation to provide personal assistance, but this relationship must be one in which the student volunteers, is offered and accepts a fair wage for services, and one which bears no relationship to the continuation of or the evaluation of the work-study assignment.

Because of the commitment to maintaining an environment that supports our educational goals Rhodes College prohibits romantic, sexual, and exploitative relationships between college employees and students. In the event that any such relationship is reported and confirmed the college employee is subject to employee disciplinary procedures up to and including termination in the case of administrators and staff members, or dismissal for cause in the case of faculty members. The policies and procedures for employee disciplinary procedures and dismissal for cause apply in all such cases.

There are exceptional circumstances in which the spouse or partner of a college employee is a student at the College. This fraternization policy does not apply in such circumstances. The Provost, in consultation with the Director of Human Resources, is the administrative officer who determines whether an exceptional circumstance applies.

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Emergency Preparedness

Rhodes provides planning to minimize danger to life, health, and property from emergencies or other critical incidents should they arise. Included in planning are necessary and prudent steps to assure continuity of operations and restoration of academic and other activities as quickly as possible following an emergency.

The foundation for such planning is based on the following priorities:

· Protection of human life.

· To prevent and minimize personal injury.

· Reduce exposure of Rhodes’ physical assets.

· Optimize loss control for assets where exposure cannot be reduced.

· Restore normal operations as soon as possible.

With these priorities as a foundation, the plan facilitates a quick and efficient move from normal to emergency operations and back.

Rhodes Alert System

The college utilizes a mass communication system capable of emailing, texting, and calling all students, faculty and staff in an emergency. This system is used to communicate delays and closures due to inclement weather, as well as alerting the community to present or continuing threats that may be present..

Extreme Weather   

Rhodes′ extreme weather policy provides for making a decision to close or to delay opening the College when weather conditions warrant. There are four specific provisions for communicating that decision to all students, faculty and staff. These procedures will be used only if Rhodes closes or if its schedule is altered. If the College is closed or opening is delayed, all Physical Plant and Campus Safety personnel should contact their supervisors for information about their schedules.

1. Outdoor Warning Siren
The college is equipped with an outdoor warning system. When the county activates the tornado siren, the college will do the same. The siren will continue to alert until the weather hazard has past.

2. Rhodes Alert System
The college utilizes a mass communication system capable of emailing, texting, or calling all students, faculty, and staff in an emergency. This system is used to communicate delays and closures due to inclement weather, as well as alerting the community to present or continuing threats that many be present.

3. Weather-line
A message will be left in a voice-mail box, which can be accessed by all students, faculty, and staff. The number for that weather line is 843-3943.

4. Local Media
The decision will be communicated to the following local media stations, which will announce the decision. Please do not call them for closing or opening information. 

WMC-TV CH. 5
WREG-TV CH. 3
WKNO FM 91.1
WMC AM 790
WMC FM 100
WREC AM 600
Rock 103 FM

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Tornado Safety

Whenever possible, weather alerts will be issued by Campus Safety and the Dean of Students via email to all faculty, staff, and students with Rhodes e-mail accounts.

Tornado Watch – There is a chance of a tornado forming.

Tornado Warning – A tornado has been seen or detected by radar.

In the event the civil defense sirens are activated, a Tornado Watch has been elevated to a Tornado Warning, and faculty, staff, and students should seek shelter immediately. Please be aware that testing of the civil defense sirens occurs every Wednesday at 3:30 pm and requires no response.

If indoors when a Tornado Warning is activated:

· Move quickly to a safe interior area without windows;

· Move to the lowest level of a building using a stairwell;

· Stay away from windows, doors, and exterior walls;

· Do not go outdoors.

If outdoors when a Tornado Warning is activated:

· Get inside a building if possible;

· Stay away from trees, power lines, and utility poles;

· Find a low lying area, such as a ditch, stay low, and cover your head and neck to avoid flying debris.

Remain in a safe location until the sirens stop sounding and then return to offices and classrooms to resume work, assuming that no damage or dangerous condition has been created on campus as a result of the storm. Weather updates are available at:
http://www.weather.com/
http://www.wmcstations.com/

Outdoor Warning Siren

The college is equipped with an outdoor warning system. When the County activates the tornado siren, the college will do the same. The siren will continue to alert until the weather hazard has past. When this siren is activated it will be preceded by verbal instructions. All community members must follow the instructions and seek shelter..

Fireworks

Memphis ordinance prohibits the use of fireworks in the city. Possession or use of fireworks is prohibited on the Rhodes campus by College policy.

Noise Reduction

The following noise reduction policy is established for the Rhodes campus:

1. Live or amplified music on the Rhodes campus must cease by midnight or upon complaint on Sunday through Thursday nights, and by 1:00 a.m. on weekends (Friday and Saturday nights).

2. Quiet Hours begin in all Residence Halls at 10pm Sunday-Thursday. On Friday and Saturday evenings quiet

hours begin at 1:00 a.m.

3. All music or other sound, from whatever source, at any fraternity house, residence hall room, social room, or any other location on the Rhodes campus must be kept at a reasonable level at all times. The location of the event, the day of the week, and the time of day will be taken into consideration in determining what constitutes a “reasonable” sound level. Any sound that is easily audible outside the immediate area of its source must conform to the standards set forth in the preceding paragraph, particularly with respect to the stated days and times.

4. Both registered or informal events must comply with the policy; it is the collective responsibility of those participating in such events to ensure compliance.

5. Any College official has the authority to require compliance and report violations of this policy.

Violations of the noise policy may result in a monetary fine and other possible disciplinary action.

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Outside Cooking Grills

There are a number of outside cooking grills available for student use in common areas. The use of grills is prohibited within 50 feet of any residence building.

Pets on Campus

No pets are allowed on campus without being properly leashed by the owner/handler. No pets are allowed inside any campus structure/building. Exception to this is for the visually impaired or other such disability use. Petitions for other exceptions are to be directed to the Director of Campus Safety for consideration. All dogs and/or cats on campus grounds outside of campus buildings are to be on a leash at all times or will be subject to removal by appropriate public agency. Further, pets will not be allowed into any areas that serve food and/or beverage, except for circumstances noted above.

Posting signs

Advertising special events and meetings is a key factor in the success of an organization’s activities. Certain policies and courtesies are outlined below regarding the posting of publicity items.

1. The name of the organization responsible for posting must appear on the poster material.

2. All posters, flyers, and signs must be posted in such a manner that they may be easily removed and do not damage or deface the surface to which they are attached.

3. Off-campus organizations may not post without prior approval from the Student Development and Academic Services Office.

4. Individuals or organizations who post materials are responsible for removing these materials no later than 48 hours after the event has taken place.

5. No organization or individual with posters for display may cover or remove any other approved posters that have not gone beyond their assigned posting dates.

6. All posters, signs, advertisements, and displays are subject to the “not socially offensive” standard, such as no personal attacks or obscenities. Content must not violate the College’s policy on Harassment and Discrimination or the Commitment to Diversity.

7. No posters, flyers, or displays of any kind may be attached to the fence surrounding the campus, to a window of a door, sculptures or statues.

8. No mention of alcohol should be on fliers.

Violations of the posting policy may be sanctioned by the Social Regulations Council or an administrative hearing officer.

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Smoking

Certain public areas of the campus are designated as “smoke-free.” Classified as “No Smoking” areas are all interior spaces of all buildings and the exterior space within 25 feet of the entrances to all buildings.

In order for Rhodes to have an environment that is relatively free of pollutants or other substances that may be hazardous to one’s health, members of the campus community are encouraged to direct those who choose to smoke to areas not designated as “smoke-free.”

All residence hall space is non-smoking, including student rooms, social rooms, and hallways. A violation of the smoking policy is also a violation of the fire safety policy..

Solicitation on Campus

Solicitations of any type, including, but not limited to fliers, free samples, roaming vendors or recruiters are prohibited on campus without prior approval as outlined below:

Solicitation on campus by outside groups, companies or organizations requires an invitation and prior approval by a sponsoring campus department or student organization and advisor. Approving outside organizations should include a stationary location, a defined time period, the name of the escorting host (must be a Rhodes College community member), and the nature of the solicitation. The information must be placed on the Events Management System.
Solicitation on campus by recognized student groups should be requested through the Events Management System.

Locations available for solicitation are available in the Events Management System. Solicitation may not take place within the residence halls.

Student Organizations

Authority, Responsibility, and Accountability for student organizations are delegated along the following line:

Head of Student Organization

Director of Student Activities

Dean of Students

The Dean of Students has the authority, responsibility, and accountability for student affairs and student organizations..

A. Student Organization Recognition

An organization seeking College recognition should first contact the Director of Student Activities. The organization must submit a completed Student Organization Registration form. The completed form along with a proposed constitution and a roster of active members should be submitted to the Director of Student Activities for review. The constitution must meet the minimum stipulations (see sample constitution in Student Organization Guidebook). The Director of Student Activities will then submit the completed new student organization materials to the Rhodes Student Government (RSG) for consideration.

Rhodes Student Government will vote to recommend to the Dean of Students whether or not the group should be a Recognized Student Organization.

With the exception of nationally-affiliated fraternities and sororities that have received official approval from the Dean of Students, official recognition by the College will be granted to organizations who meet with the following requirements: (1) the organization’s purpose is not in conflict with the mission of the College and (2) the membership of the organization is not exclusive (i.e., the organization must be open to all Rhodes students who are interested in membership).

The RSG Treasurer and Student Organization Relations Chairman will notify the organization in writing within one (1) week of the RSG’s decision. If denied, a written explanation of the denial along with the procedure for appeal must be included.

The decision of the Rhodes Student Government may be appealed in writing to the Dean of Students.

The officers of recognized student organizations are responsible for the actions of their respective organizations. Neither the Dean of Students nor the Rhodes Student Government controls or is responsible for actions taken by student organizations.

Student groups may not schedule activities during finals, including reading days..

B. Applying for Funding

Once the College recognizes a student group, the organization may apply to receive financial support. Recognized status does not guarantee funding by the College.
The Allocations Board and Rhodes Student Government will consider the following stipulations before any allocated funds are approved:
The organization must be a Recognized Student Organization with a current constitution with a completed Student Organization Registration on file with the Rhodes Student Government and the Office of Student Involvement.
The organization must be open to all Rhodes students who are interested in membership.
The purpose of the organization must not be political as defined by the United States Tax Code. Namely, an organization must not be empowered for one or more of the following purposes:
“To devote more than an unsubstantial part of its activities to attempting to influence legislation by propaganda or otherwise; or directly or indirectly to participate in or intervene in (including the publishing and distribution of statements) any political campaign on behalf or in opposition to any candidate for public office; or to have objectives and to engage in activities which characterize it as an ‘action’ organization as defined in paragraph (c)(3) of this section” (Reg. 1.501 (c)(3)-1 (b)(6), General Rule, page 39. 003. United States Tax Code).

C. Organization Accounts and Equipment

Recognized Student Organizations will be given a College account in which allocated funds will be kept. Each Student Organization will receive a monthly budget statement from the RSG Treasurer. It is the responsibility of the organization′s President and Treasurer to monitor monthly expenditures and income. Money from an organization′s account may be obtained in one of two ways.
Cash. A petty cash voucher will be issued in situations that require $100 or less. Petty cash vouchers are obtained from Rhodes Express.
Check. A check request form may be obtained from Rhodes Express. All check request forms must be authorized by the organization’s advisor or the Director of Student Involvement. Check requests must be turned in to the Accounting Office no later than 5:00 pm on Wednesday for a check to be issued on Friday of that same week. Checks can be mailed to a specified address or can be picked up from Rhodes Express after 2:00 pm on Friday. Proper documentation such as company invoice or receipt(s) is needed for all check requests. Complete mailing address and social security number for honorarium or stipend is required.
Monies not used by the end of the fiscal year (June 30) will be turned back over to the College. Overages will be taken out of the organization′s budget for the next year.
All equipment purchased with College funds is the property of Rhodes and must be inventoried annually at the conclusion of the season (for club sports) or academic year. Appropriate storage, administration and maintenance of equipment are the responsibility of the respective student organization.

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Fraternities and Sororities

1. Purpose and Ideals.

By emphasizing the development of their members as concerned participants in their chapter, the College community, and the greater Memphis community, the fraternities and sororities support the ideals of loyalty and responsible citizenship. The fraternities and sororities encourage support of the honor system, active participation in campus life, and the establishment of lifelong friendships. An important goal in each group is to support the Rhodes mission of educating students to live lives of genuineness and excellence by encouraging each member’s growth intellectually, emotionally, and socially. Fraternities and sororities stand for character, dignity, scholarship, and college loyalty.

Fraternities and sororities at Rhodes share in the academic mission of the College not only by setting academic standards that must be met for initiation and continued participation in each chapter, but also by recognizing and rewarding outstanding scholarship within individual chapters and among the groups involved in the fraternity and sorority community. For those members experiencing academic difficulties, chapters actively encourage and support efforts to improve.

Service to others is a principle upon which the College and the fraternity and sorority community are founded. This principle is nurtured and practiced through organized group service projects, the encouragement and appreciation of individual acts of service and giving, and the advancement of the understanding that service to others is a lifelong responsibility.

Recognizing that fraternities and sororities make significant contributions to the college community, participate actively in leadership roles on campus, enhance school spirit, encourage support of their alma mater, and generally enhance the realization of the college’s mission, Rhodes is committed to the support and development of each chapter.

2. Rights and Responsibilities.

When there is commitment to common purposes, rights and responsibilities are defined in order that all parties might better understand their roles in relationship to one another..

A. Fraternal Organization Responsibilities. The fraternities and sororities have the responsibility of fulfilling their mission and college cooperation.
Each chapter will promote academic achievement among its membership.
Each chapter will responsibly schedule events with consideration for the best interests of students’ academic work and with no event requiring students to miss class.
Each chapter will actively engage in service to the campus and the Memphis community.
Each chapter will abide by and enforce general campus regulations.
Each chapter will comply with the agreement for grounds maintenance for fraternity and sorority yards.
No fraternity or sorority will engage in any hazing activities.
Each National Panhellenic Conference, North-American Interfraternity Conference, and National Pan-Hellenic Council chapter will actively participate in their respective governing council.

B. College Responsibilities. As the fraternities and sororities actively support the mission of Rhodes, the College will support a positive atmosphere for the chapters and work with them in their efforts.
The College will officially recognize each chapter and its national organization.
The College will support the chapters in their recruitment efforts.
The College will provide an academic report each fall and spring semester to the chapter president, advisor(s), and national organization.
The College will assist chapters and councils in scheduling events and when possible provide facilities and event planning support.
The Director of Student Activities will serve as a liaison to the college, a source of information, serve as a resource for educational materials and programs, assist with any national organization expansion, and generally support the chapters.
The College reserves the right to amend the College Handbook. Appeals concerning proposed changes should be directed to the Dean of Students.
The College reserves the right of approval of application of the proceeds of any property damage insurance payments.

3. Legal Issues and Liability.

The local chapters of each national fraternity and sorority are responsible for obtaining and maintaining, in conjunction with their national organization, the proper insurance coverage..

4. Evaluation and Review.

At the end of the academic year each chapter will submit an annual report outlining its accomplishments in support of academic achievement, College and community service, and educational programs. Should the chapter be required to submit to its national office a document which includes all of the above, a copy of that document may be submitted as its report to the Director of Student Activities.

Each chapter will submit to the Director of Student Activities copies of its governing documents (constitution, bylaws, handbook, etc.) as requested. These documents are subject to review by the Dean of Students to determine that chapter policies are in keeping with college policies.

5. Judicial Process for Violations of Regulations or Standards of Conduct.

A chapter’s violation of college regulations or failure to adhere to expected standards of conduct will be adjudicated by the appropriate student judicial body or administrator, as determined after initial review by the Director of Student Conduct in conferral with the Director of Student Activities. Persistent or extreme violations at the Chapter level may result in withdrawal of recognition by the College.

A chapter may appeal the findings of violation of regulations or standards of conduct in writing to the Director of Student Conduct, unless otherwise directed in the sanctioning letter. Appeals must be based on the same grounds listed under the Rhodes College policies of Student Conduct in the Student Handbook. In the event that an incident is adjudicated by a judicial body, that body’s appeal guidelines govern the appeal for that finding.

6. Hazing.

Hazing, which is an action taken or situation created to produce mental or physical discomfort, embarrassment, harassment or ridicule, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. No organization member shall condone hazing. Any student or student organization found in violation of hazing may be subject to suspension or expulsion from the College.

Weapons

Rhodes College strictly prohibits possession of weapons of any type by students, employees or visitors on all College property, including but not limited to firearms, B-B guns, pellet guns, bows and arrows, hunting knives, explosives or any other object that could be used as a deadly weapon. Violators are subject to suspension, expulsion, termination, criminal prosecution or any combination of sanctions appropriate.

Any violation of this policy should be reported immediately to Campus Safety at 843-3880. Prohibition of such weapons extends to the property and/or vehicles controlled by a subject if on campus and/or in the immediate surrounding areas of campus. Questions regarding this policy should be directed to the Director of Campus Safety.

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