1.
Access to Benefits
Georgetown
University is built on a two hundred year commitment
to a Jesuit, Catholic understanding of undergraduate
education. In this tradition, the appropriate context
for undergraduate education is a community. A community
is characterized by an ethos, a shared, common vision,
in our case as a shared set of moral commitments and
a shared understanding of the nature of undergraduate
education. As a Jesuit, Catholic university, Georgetown
is committed to an understanding of education that
comprises not merely the transmission of knowledge
and skills, but the cultivation of virtues and the
formation of character respectful of the Catholic
vision.
It
is our hope that our extra and co-curricular programs
will provide opportunities for the development of
knowledge and skills, the cultivation of virtues and
the formation of character. We hope they will be the
source of community building and an opportunity for
celebration. Through the content of the activities
the members share, through the process of leading
and managing a club, through the shared experiences
of the members, these hopes can be realized.
The
Access To Benefits Policy was developed over a two
year period following the resolution of the lawsuit
brought by the Gay People of Georgetown University
over the university’s refusal to recognize their
organization.
The
policy was developed by a committee of students, faculty
and staff called together by the president of the
university and was chaired by Penny Rue, then Director
of Student Programs.
The
court had ruled that the university did not need to
recognize the Gay Student’s organization, but
it did need to grant them access to the benefits which
were received by other organizations, benefits such
as the use of university facilities, the ability to
apply for funding and office space, etc.
The
new policy does not use the term recognition, but
rather deals with the benefits which the organization
is granted by the university. The five Advisory Boards
(Volunteer and Public Service and Media Boards, Performing
Arts Advisory Council, the Student Activities Commission
and the Advisory Board for Sports) are charged with
granting access to new groups in their domain. The
five boards are advisory boards to the Vice President
of Student Affairs, who may accept or deny their recommendation.
Previous
to the lawsuit, the university had decided that specialized
groups such as religious groups or sports teams would
work only with the university departments which had
special knowledge of their activities; hence, all
religious organizations have access to benefits only
through Campus Ministries, and all sports teams would
have access to benefits only through Athletics. In
the Fall of 2000, the Center for Student Programs,
in conjunction with the Department of Athletics, created
the Advisory Board for Club Sports, which works out
of the Office of Student Programs. Access to benefits
can be granted by any university department. Delta
Sigma Theta and the Accounting Society, for example,
have access to benefits through the McDonough School
of Business.
Access
to benefits is open to any other groups which have
open membership, have at least twelve currently enrolled
full time undergraduate students as members, do not
duplicate any existing group, have a proper constitution,
and agree to comply with university policy. Groups
are not eligible if their purpose or activities are
unlawful or in violation of university policy, endanger
the safety of anyone or of university facilities,
threaten to disrupt or obstruct university functions,
foster hatred or intolerance of others, or “are
inconsistent with acceptable conduct at an American
University committed to the Roman Catholic moral tradition,”
are conducted secretly or as a fraternity or sorority
or are purely commercial or financially profitable
to group members.
Several
benefits are granted routinely when access to benefits
is granted. These include a mailbox, use of the University
mailing service, and inclusion in the SAC Fair. Groups
may apply for use of university labels and use of
University facilities, among other things. They may
apply to boards for offices and approval for selective
membership (such as the Gracenotes, or the College
Bowl.)
Particularly
because of the limited university facilities, ability
to apply for space on campus is a valuable and desirable
benefit. The university has decided that this benefit
will be tied to organizations which have been granted
access to benefits and have been determined to have
a purpose which will help “provide students
with the opportunities for the development of knowledge
and skills, the cultivation of virtues, and the formation
of character respectful to the Catholic vision.”
Students
who are not members of an organization who wish to
meet to discuss issues are able to reserve a classroom
under the University’s Speech and Expression
Policy. They will need to sign the statement on a
Classroom Request form acknowledging that they understand
that they must tell those attending the meeting that
it is not sponsored by Georgetown University or any
part thereof, and that they have access to classroom
space due to their status as a student at the University
through the Speech and Expression Policy, before their
request can be approved and taken to the Registrar’s
Office for scheduling of the classroom. They must
explain to individuals present at their meeting that
they have the room as a student under the Speech and
Expression Policy, and that they and/or their group
have no official affiliation with the university.
Students are not able to have classroom space if their
group falls into the six categories of specifically
prohibited groups, as listed above.
Members
of the community are also able to be in Red Square,
or Leavey Lobby to express their ideas.
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2. Advertising Policy for Student Media (-student publications, the student press and student radio, and TV stations)
As publisher/manager, the University retains the right to:
- Exclude advertisements for abortion services, (contraception, sperm donors) of any kind from any and all student media.
- Deny use of funds from any University budget for any media containing such advertisement.
- Take action through the procedures outlined below against any member of any editorial board approving such advertising.
- Exclude advertisements paid through an exchange of goods and/or service other than cash unless involved in a promotion approved by the media’s editorial board and cleared by the Center for Student Programs.
- Exclude advertisements of research papers or research assistance services of any kind.
- Exclude any advertising that promotes violation of the intention and spirit of the DC Code and/or Georgetown University regulations.
The University also reserves the right to specify further types of advertisements that it considers to be grossly unjust or inconsistent with the conscience of Georgetown as a Catholic, Jesuit educational institution and to prohibit such advertisements from student media. Any such future prohibitions must be made with the advice and consultation of the Media Board, must be specified in writing to all student media and must be added to the exclusionary rights of this policy on student media before denial of any allotted funds.
Only for proper and stated causes will editors and members of editorial boards be subject to sanctions and then only by orderly and prescribed procedures stated herein. No editor may be retroactively subject to sanction for previously unspecified transgressions.
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3.
University Alcohol and Other Drugs Policy
THE POLICY IS BEING UPDATED.
For the 2007-2008 University Alcohol Policy, please see the Office of Student Conduct web site at http://studentconduct.georgetown.edu.
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4.
Bias-Related Conduct
Philosophy
Georgetown
values the unique and vital contributions that diverse
members of the community bring to the educational
endeavor. We believe that exposure to and learning
from individuals with different backgrounds, perspectives,
and experiences are essential to the education of
citizens and future leaders in a global society. Creating
an open and inclusive community and protecting the
right of every individual and group to engage fully
in a free exchange of ideas and mutually respectful
dialogue requires a safe and welcoming environment
that is free of hostility and intimidation. We recognize
that part of ensuring rights to free speech and academic
freedom is the creation and protection of such an
environment.
For
these reasons, the Georgetown student community strives
to be inclusive, where all students are viewed as
equals, sharing the same rights, opportunities, and
responsibilities. Any act that has the purpose or
effect of unreasonably or substantially interfering
with an individual or group’s safety and security
by creating an intimidating, hostile, or offensive
educational, living, or working environment will not
be permitted.
I.
Relevant Definitions and Policies
While
Georgetown’s policies overall are imbued with
this philosophy, of particular importance are the
Speech and Expression policy (see Section 3: Policies)
and the Student Code of Conduct (see Section 4: Student
Conduct). This policy is also guided by the Policy
on Affirmative Action, the Policy on Sexual Harassment,
and the Ethos Statement.
The
Speech and Expression Policy states:
"All
members of the Georgetown University academic community,
which comprises students, faculty and administrators,
enjoy the right to freedom of speech and expression.
This freedom includes the right to express points
of view on the widest range of public and private
concerns and to engage in the robust expression of
ideas... As is true with society at large, however,
this freedom is subject to reasonable restrictions
of time, place and manner, as described herein, although
such restrictions shall be applied without discrimination
toward the content of the view being expressed or
the speaker."
Guidelines
for bias related infractions (see Section 4: Student
Conduct)
Bias-related
Student Code of Conduct (Code) violations are especially
intolerable in view of the University’s commitment
to respect for all members of the community. The term
“bias-related” refers to Code violations
that include language and/or behaviors which demonstrate
bias against persons because of, but not limited to,
others actual or perceived: color, disability, ethnicity,
gender, national origin, race, religion, and/or sexual
orientation.
By
its very nature, bias will be deemed an aggravating
circumstance to any violation of the Code, regardless
of its category. Consequently, bias-related violations
will result in a more serious sanction up to, and
including, permanent separation from the University.
Examples
of bias-related code violations include:
Actions
that result in the defacement of another's personal
property or University property (thereby constituting
defacement under the Code), which make use of slurs,
phrases, symbols, or conduct, or which are directed
at specific property that signifies group affiliation,
in such a way as to make an individual or group feel
intimidated or unwelcome because of their actual or
perceived color, disability, ethnicity, gender, national
origin, race, religion, and/or sexual orientation.
Any
intimidating, hostile, coercive, and/or offensive
act which is intentional or persistent (thereby constituting
harassment under the Code), which makes use of slurs,
phrases, symbols, or conduct, or which is directed
at specific individuals or groups of individuals,
in such a way as to make an individual or group feel
intimidated or unwelcome because of their actual or
perceived color, disability, ethnicity, gender, national
origin, race, religion, and/or sexual orientation.
Examples
of acts that would not be considered a bias-related
violation include:
Posting
flyers for public events on campus that use speech
that may be considered offensive or inflammatory by
another individual or group, where the posting is
done in a way that does not deface or destroy personal
or University property.
Expressing
ideas, thoughts, and feelings in public events (such
as speeches, dialogues, panel discussions, rallies,
etc…) that may be considered harsh or extreme
by another individual or group, where the expressions
do not amount to harassment.
II.
Procedures on Responding to Hostile or Unwelcome Behavior
The
following suggestions will assist students in deciding
how to respond when an individual or group acts in
a way that would cause them to feel uncomfortable.
Such behavior could be bias-related, but these guidelines
apply both to instances where bias is a component
and where it is not a component. In all cases, the
University community provides services and resources
that will assist students in processing and responding
to hostile or unwelcome behavior.
Students
should be aware that as empowering as it may be to
advocate for themselves, such advocacy is not always
the best or most appropriate choice in every situation.
No incident that involves physical violence or the
threat of physical violence should be addressed without
the assistance of a professional University staff
person, the Department of Public Safety (DPS), or
the Metropolitan Police Department. You should always
seek help if you are feeling unsafe or threatened.
a.
Informal procedures tend to concentrate on conciliation,
not sanctions, and stop short of filing a formal complaint
with the Office of Student Conduct. This is often
the best way to handle a situation that is not overtly
threatening and where the individual is open to discussion
or to exploring resolution. Some methods might include:
face-to-face conversation or writing a letter. These
are only suggestions. University staff is available
to consult with students prior to any communication
and to assist them in planning to utilize any informal
procedure.
Mediation
is another possibility for resolution. Mediation seeks
to increase both parties’ ability to communicate
and increase their understanding in order to resolve
the conflict in a mutually agreeable manner. The staff
members in the offices of Residence Life, Student
Conduct, Center for Minority Educational Affairs,
Health Education Services, and Off Campus Affairs
are trained and available to assist students through
a mediation process.
With
any of these methods, should the response be extremely
hostile or if the behavior does not desist, there
are University officials trained and able to assist
you. The following people could assist you in assessing
the situation and determining your next course of
action: any Residence Life Senior Staff person; Carolyn
Hurwitz, Sexual Assault Services Coordinator; Judy
Johnson, Director of Student Conduct; or Jeanne Lord,
Associate Dean of Students and Director of Off Campus
Student Life.
b.
Procedures for Initiating a Formal Complaint Although
some situations can be worked out informally, this
is not always the case. Some situations should receive
a formal review to determine the most effective course
of resolution. Incidents that place an individual
and/or the community at risk of physical or emotional
harm warrant the direct involvement of University
staff. In its section, How to File a Complaint (See
Section 4: Student Conduct), the Code of Student Conduct
details a step-by-step outline of the University’s
process.
All
students of Georgetown University should also be aware
of their rights, responsibilities, and duties under
local law. District of Columbia law provides enhanced
penalties for certain crimes in which bias plays a
role.
It
is the policy of Georgetown University Department
of Public Safety (DPS) to contact all relevant local
or federal law enforcement agencies in all cases where
bias-related crimes may have taken place. These agencies
will make their own independent determinations of
how to proceed with investigations and/or referrals
for prosecution. The decisions of the relevant law
enforcement agencies should not be viewed as a replacement
for Georgetown University’s procedures under
the Student Code of Conduct. Students may face penalties
under the Student Code of Conduct, regardless of the
outcome of any criminal investigation by public official.
However, Georgetown, at its sole discretion may allow
any pending criminal investigation to be concluded
before it proceeds.
a.
Reporting to the Community Georgetown publishes crime
statistics annually, including bias-related conduct,
in compliance with the Jeanne Cleary Disclosure of
Campus Security Policy and Crime Statistics Act. A
copy may be acquired by contacting the Department
of Public Safety. Further, as required by the Act,
the University provides timely warnings to the campus
community of certain crimes if they represent a threat
to students and employees.
III.
Services and Resources
The
University encourages all students to make use of
appropriate resources and will assist all persons
involved in an allegation of bias-related crimes.
The primary resources are the Associate Dean of Students
and the Director of Residence Life, both of whom are
located in the Office of Student Affairs, 530 Leavey
Center. The Director of Special Programs, located
in the Office of the Provost, 650 Bunn Intercultural
Center, is also a primary resource, especially if
the allegation involves an employee of the University.
Structures
are in place within Affirmative Action, Residence
Life, Counseling and Psychiatric Services, the Women’s
Center, the Center for Minority Educational Affairs,
Health Education Services, Campus Ministry, Student
Conduct, the Department of Public Safety, the Student
Primary Care Clinic, and the Vice President of Student
Affairs Office to support students throughout the
process. Each office is prepared to offer assistance
to students both on an emergency and an ongoing basis.
In addition to the previously mentioned resources
on campus, referrals for off-campus counseling and
support services can be provided for both the Complainant
and the Respondent upon request. All offices respect
and support students’ right to privacy.
IV.
Prevention and Educational Programs
In
addition to providing policies, protections and sanctions
related to acts and incidents of bias, Georgetown
has created a range of programs and educational resources
designed to create and promote the kind of open and
inclusive climate to which the University is committed.
These programs include: The Center for Minority Educational
Affairs, Women’s Center, Affirmative Action
Office, Diversity Working Group, Georgetown University
Incident Response Team, Safe Zone, and Diversity Ambassadors.
V.
Oversight
Oversight
of this policy is provided by the Office of the Vice
President for Student Affairs through the Disciplinary
Review Committee in collaboration with the Director
of Special Programs (Diversity Working Group and the
Incident Response Team).
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5.
Computer Systems Acceptable Use Policy
Revised:
October 28, 2005
Approved by the Faculty Senate January, 2006
STATEMENT:
This policy is designed to establish acceptable and
appropriate use of computer and information systems,
networks and other information technology resources
at Georgetown University. More importantly, it is
meant as an application of the principles of respect
and reverence for every person that are at the core
of Georgetown's Catholic, Jesuit identity.
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APPLICABILITY:
Anyone using Georgetown University information technology
resources. This includes all students, faculty and
staff, fellows, visiting scholars, affiliates, campus
visitors, Georgetown University Hospital employees
when they use GU resources, et al.
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GUIDING
PRINCIPLES:
The Georgetown University community is encouraged
to make innovative and creative use of information
technologies in support of education and research.
Access to information representing a multitude of
views on current and historical issues is allowed
for the interest, information and enlightenment of
the Georgetown University community. Consistent with
other University policies, this policy is intended
to respect the rights and obligations of academic
freedom. The University recognizes that the purpose
of copyright is to protect the rights of the creators
of intellectual property and to prevent the unauthorized
use or sale of works available in the private sector.
Also consistent with other University policies, an
individual's right of access to information technology
resources and materials should not be denied or abridged
because of race, creed, color, age, national origin,
gender, sexual orientation, or disability.
Georgetown
University computing and network resources are to
be used only for University-related research, instruction,
learning, enrichment, dissemination of scholarly information,
and administrative activities. The computing and network
facilities of the University are limited and should
be used wisely and carefully with consideration for
the needs of others. Computers and network systems
offer powerful tools for communications, education
and research among members of the University community
and communities outside the University. When used
appropriately, these tools can enhance dialog and
communications. When used unlawfully or inappropriately,
however, these tools can infringe on the beliefs or
rights of others
DISCLAIMER:
The University cannot protect individuals against
the existence or receipt of material that may be offensive
to them. As such, those who make use of electronic
resources and communications are warned that they
may come across or be recipients of material they
find offensive.
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RESPONSIBILITIES:
The University encourages all members of its community
to use electronic communications in a manner that
is respectful to others. The following examples, though
not covering every situation, specify some of the
responsibilities that accompany computer use at Georgetown
and/or on networks to which Georgetown is connected.
1. Functionality and
Availability
You must ensure that your actions and the computers
you own or that are assigned for your use do not negatively
impact the functionality and availability of the Georgetown
University computer systems, enterprise and application
systems, and network services. You must ensure that
your computer is properly maintained, including having
up-to-date anti-virus protection and operating system
patches. Responsible use of computing and network
resources requires users to realize that any attempt
to modify or extend resources could result in degradation
of systems or performance elsewhere on the network.
You must not disrupt routine operations by tampering
with any hardware, networks, applications, system
files or other users' files without authorization
or permission; circumventing or altering software
or physical protections or other restrictions placed
on computers, networks, software, applications or
files (other than your own files or applications you
manage). Similarly, you may not make resources available
to circumvent or alter software protections or other
restrictions placed on computers, networks, applications
or files (other than your own files).
2.
Computer Accounts
You must use only your own computer account(s), and
may not attempt to impersonate the identities of others.
You may not supply false or misleading data nor improperly
obtain another's password in order to gain access
to computers or network systems, data or information.
The negligence or naiveté of another person
in revealing an account name or password is not considered
authorization of use. You should not use the convenience
of file or printer sharing as justification for sharing
a computer account. You must not attempt to subvert
the restrictions associated with your computer accounts
or network access.
3.
Information Security
You are responsible and accountable for all use and
security of the electronic resources you own or use,
including but not limited to computer account(s),
passwords, personal computer(s), electronic data,
and network access. You should make appropriate use
of the software, system and network-provided protection
features and take precautions against others obtaining
access to your computer resources. You are responsible
for the security of all NetIDs, accounts and passwords
assigned for your use. Passwords must never be shared.
You are expected to abide by the Georgetown University
University Information Security Policy.
4.
Shared Resources
You may not encroach on another's use of computer
resources. Such activities would include, but are
not limited to, tying up computer and network resources
for illegally downloading or sharing music, movies,
software or other files, or other non-University related
applications; sending harassing messages; sending
frivolous or excessive messages, including chain letters,
junk mail, spam, and other types of broadcast messages,
either locally or over the Internet; using excessive
amounts of storage; launching attacks or probes, or
otherwise attempting to subvert the security of any
system or network at Georgetown University or on the
Internet; intentionally or irresponsibly introducing
any computer viruses, worms, Trojan Horses, spy ware,
or other rogue programs to hardware, software, systems
or networks at Georgetown University or on the Internet;
or physically damaging systems.
5.
Intellectual Property
You are responsible for making use of software and
electronic materials in accordance with copyright
and licensing restrictions and applicable university
policies. You may not use Georgetown University networks,
equipment and software to violate copyright or the
terms of any license agreement. No one may inspect,
modify, distribute, or copy proprietary data, directories,
programs, files, disks or software without proper
authorization.
6.
Publication
You should remember that information you distribute
through the University's web or other computing and
networking facilities is a form of publishing and
many of the same standards apply. For example, any
web publication attributed to Georgetown, even with
disclaimers, represents you and the University and
appropriate language, behavior and style is warranted.
7.
Personal Information
You should be cautious about making information about
yourself and others available on the Internet. The
University cannot protect you from invasions of privacy,
identity theft and other possible dangers that could
result from the individual's distribution of personal
information.
ADMINISTRATION
AND IMPLEMENTATION:
While respecting confidentiality and privacy, the
University reserves the right to examine all university
owned and operated computer systems and electronic/digital
resources. The University takes this step to enforce
its policies regarding harassment and the safety of
individuals; to prevent unauthorized reproduction
or distribution of proprietary software or digital
texts, images (moving and still) or music; to safeguard
the integrity of computers, networks, and data either
at the University or elsewhere; and to protect the
University against seriously damaging consequences.
The University may restrict the use of its computers
and network systems for electronic communications
when faced with evidence of violation of University
policies, or federal or local laws. The University
will comply with, and respond to, all validly issued
legal process, including subpoenas. The University
reserves the right to limit access to its networks
through University-owned or other computers, and to
remove or limit access to material posted or distributed
on University-owned comput
ENFORCEMENT:
All members of the University community are bound
by federal and local laws relating to civil rights,
harassment, copyright, security and other statutes
relating to electronic media. It should be understood
that this policy does not preclude enforcement under
the laws and regulations of the United States of America
or the District of Columbia. All users are expected
to conduct themselves consistent with these responsibilities
and all other applicable University policies. Abuse
of computing and/or network privileges will subject
the user to disciplinary action, as established by
the applicable operating policies and procedures of
the University. Abuse of networks or computers at
other sites through the use of Georgetown University
resources will be treated as though it occurred at
the University. When appropriate, restrictive actions
will be taken by system or network administrators
pending further disciplinary or legal action.
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RESOURCE(S)
AND OTHER APPLICABLE POLICIES AND PROCEDURES:
Guidelines
for Systems and Network Administrators
http://uis.georgetown.edu/policies/technology/snaguidelines.html
Procedures
in Support of the Computer Systems Acceptable Use
Policy
http://uis.georgetown.edu/policies/technology/acceptableuseprocedures.html
Reporting
incidents of electronic abuse
abuse@georgetown.edu
Spam
may be forwarded to spam@georgetown.edu
Hate
and Bias Reporting
http://www.georgetown.edu/student-affairs/biasreporting
University
Information Security Policy and Security Resources
http://uis.georgetown.edu/policies/technology/secpol.html
http://security.georgetown.edu/
Copyright
in the Information Age
http://www.georgetown.edu/policy/copyright/
DMCA
Information Site
http://uis.georgetown.edu/policies/technology/p2p.html
Broadcast
Communication Policy
http://uis.georgetown.edu/policies/technology/masscomm.html
Incidental
Personal Use of Electronic Resources Guidelines
http://uis.georgetown.edu/policies/technology/personaluse.html
Georgetown
University Human Resources Manual; including but not
limited to:
Policy Number 302, "Disciplinary Actions and
Dismissals"
http://www.georgetown.edu/hr/employment_services/policies.html
Policy
Number 401, "Professional Conduct"
http://www.georgetown.edu/hr/employment_services/policies/gu401.html
Policy
Number 403, "Confidential Information"
http://www.georgetown.edu/hr/employment_services/policies/gu403.html
Online
Resources
E-mail: http://uis.georgetown.edu/email/
Anti-Virus and other software, general information: http://uis.georgetown.edu/
Technical
Assistance
help@georgetow.edu
APPROVAL:
Adopted ad interim June 3, 1996
Modified: November 14, 1996
Approved by the Faculty Senate June 23, 1997
REVISION
REVIEW AND APPROVAL:
Revision
begun: October, 2004
Reviewed by the Information Services Management Council
Reviewed and approved by University Counsel April
22, 2005
Reviewed and approved in principle by the Computing
Services Advisory Committee May 12, 2005
Revised: June 22, 2005
Approved by the Vice President for Information Services
and CIO and University Counsel, June 22, 2005
Approved by the Vice President for Student Affairs,
October 7, 2005
Approved by the Faculty Senate, December 14, 2005
REVIEW CYCLE:
This policy will be periodically reviewed and updated
as appropriate.
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6.
Concessions and Student Businesses
In order to protect students from undue harassment, no one may act as an agent or sales representative for a person or business not affiliated with the University, solicit orders for or sell goods or services, deliver products, or collect funds for any purpose (including charitable purposes) whatsoever on the University campus (including in the residence halls) without prior written permission. Requests for such permission must be submitted to the Director of Student Programs, who will make decisions consistent with this policy in consultation with the Vice President for Student Affairs, the Vice President for University Facilities and Student Housing, and other University officials as appropriate.
In addition, students living in any housing owned by the University may not operate a private business or otherwise engage in commercial activities from these premises. This prohibition includes using a room address, room telephone, or University network connection to conduct any type of business activity, such as acting as an agent for an outside company, soliciting or collecting orders for goods or services, or selling or delivering products. Questions regarding whether an activity comes within this prohibition should be directed to the Director of Student Programs.
No unauthorized student group or individuals involved in a private enterprise are to use the name of “GEORGETOWN” or any other University trademark (including “GEORGETOWN UNIVERSITY,” “GU,” “HOYAS,” the University seal, the stylized “G,” or the Jack the Bulldog head design) in any manner. Furthermore, should a student or student group engage in a private enterprise or commercial activity, that enterprise or activity cannot conduct its business in any manner that would lead the University community, alumni, parents, or the public to believe that the enterprise is a student activity officially endorsed by the University, its student association or the Center for Student Programs.
Violation of this policy may result in referral for discipline under the Code of Conduct; termination of or other action under the Residence Hall & Townhouse Occupancy Agreement (where the prohibited conduct takes place in University housing); and/or legal action.
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7.
Consensual Sexual Relationships
Policy
on Consensual Sexual Relationships Between Senior
and Junior Members of the University Community
I.
Introduction
There
are various approaches an institution could take to
address the issue of consensual sexual relationships
between a "senior" and a "junior"
person. (See definitions below.) One extreme is to
ban all such relationships. The other is to pretend
such relationships do not exist. The University has
taken a middle ground in this policy.
The
policy not only points out the potential legal and
ethical pitfalls of consensual sex in the University
setting, but also, and more specifically in the section
called "Standards and Procedures," asserts
the University's right to protect the integrity of
its own operations from the conflicts of interest
and disruptions in the academic and employment environments
that can arise from consensual sexual activity involving
members of the University community.
II.
The Nature of the Problem
Consensual
sexual relationships between "senior" and
"junior" members of the Georgetown community
- that is, between two persons where one party (the
"senior") possesses direct academic, administrative
counseling, or extracurricular authority over the
other (the "junior") - do not violate laws
prohibiting sex-based discrimination. Nevertheless,
such relationships are a matter of significant concern
to the University because of the ethical and administrative
problems they can pose. Those problems are most severe
when a consensual relationship takes place between
a teacher (e.g., professor, teaching assistant, clinical
fellow) and a student and the student is enrolled
in one of the teacher's courses for which the student
will receive a grade, or when the student is likely
to be enrolled in such a course in the future. These
problems can also be very severe in a counseling setting
between counselors and counselees. Given the potential
for such problems, the University strongly recommends
that members of the University community avoid any
senior-junior consensual sexual relationships. This
recommendation has particular force with regard to
undergraduate students. At Georgetown University,
virtually all undergraduate students are between the
ages of eighteen and twenty-two, and many are living
away from home for the first time. Because of the
unique susceptibility of these young men and women,
teaching professionals are under a special obligation
to preserve the integrity of the teacher-student relationship
in situations involving undergraduate students. If
members of the community choose by mutual consent
to enter into such relationships, however, the University
requires that they take specific steps to minimize
the problems that may arise from them. Sanctions shall
be commensurate with the magnitude of the harm, if
any, caused.
III.
The Problems
There
are many ways problems can arise when a senior member
of the Georgetown community engages in a consensual
sexual relationship with a junior member. First, when
one person has the ability to grade, advance, promote,
recommend, or otherwise influence the employment or
academic status of the other, there is the possibility
that what appears to be a consensual relationship
is falsely perceived to be so. Some recipients of
sexual advances may fear that refusal will result
in loss of an employment or academic benefit. They
may go along with the requested relationship even
though it is in fact unwelcome to them (and may even
cause them psychological harm). The United States
Supreme Court has ruled that such a person is a victim
of illegal sexual harassment, and that a school can
be liable for monetary damages for a teacher's coercive
intercourse with a student. Apart from a policy of
avoiding legal liability for such conduct, the University
wants to ensure that it provides an environment free
from sexual coercion and intimidation in which to
study and work.
The
person in the position of authority who may desire
a sexual relationship with a junior nevertheless has
strong reasons to avoid it, since what seems initially
to be consensual may turn out to be unwelcome or coercive
from the perspective of the junior participants. The
junior participant may file an internal grievance
or a formal lawsuit, creating a risk that the person
in authority will suffer negative career consequences
and may have to pay damages to the victim. Because
of the serious consequences to the senior participant,
that person also subjects himself or herself to the
possibility of coercion or blackmail.
Even
when such a relationship is genuinely consensual (and
therefore does not constitute sexual harassment or
raise the other concerns noted above), the relationship
can cause problems for both parties and harm the academic
and work environment at the University. There is the
appearance and often the reality of a conflict of
interest on the part of both parties to the relationship.
Others may believe that the senior favors the junior
because of the sexual relationship, thus creating
an atmosphere of suspicion and resentment among other
juniors who think the junior in the relationship is
obtaining undeserved benefits. The junior person's
professional reputation or academic standing may be
injured because of the perception that the benefits
were due to the sexual relationship, rather than to
the junior's own work or study.
There
is also a serious risk that either party may exploit
the other. The senior person may be interested in
the junior solely for purposes of sexual gratification,
but the junior may construe that attention as related
to the junior's intellect, as revealed through his
or her studies or work. If the junior participates
in a sexual relationship and then discovers the true
situation, there is a potential for a damaging loss
of self-esteem by the junior (especially where the
two are teacher and young student and there is a significant
age disparity between them). There is also the risk
of the junior exploiting the senior. For example,
a junior might seek out a relationship solely because
of a desire to obtain some academic or employment
benefit from the relationship (such as a higher grade
or a promotion.)
IV.
Standards and Procedures
For
the reasons expressed in the previous section of this
Policy, the University strongly urges members of the
University community to refrain from engaging in consensual
sexual relationships with another member of the University
community when one person possesses direct authority
over the other, whether that authority is used by
one who is a teacher, counselor or supervisor of the
other or by someone who can directly influence the
academic or work status of the other (e.g., a senior
professor serving as a member of the tenure committee
for a junior professor, a professor serving as the
thesis advisor for a graduate student, a senior student
on the editorial board of a newspaper or journal voting
whether a junior student should attain the same status,
a supervisor filling out a performance evaluation
for his or her subordinate.
If
the two nevertheless commence such a relationship,
the University requires that they take the following
measures, in order to lessen or minimize the conflict
of interest and disruption of the academic and employment
environment that can arise in such situations. The
University emphasizes that the following measures
cannot eliminate entirely the substantial likelihood
of conflict and disruption, and that the course of
action strongly preferred by the University would
be for the two to refrain from engaging in consensual
sexual relations for as long as necessary to prevent
conflict and disruption.
1.
Relationships between Teachers and Students
The
University has determined that there is an inherent
conflict of interest when a faculty member and a student
simultaneously maintain both a direct student-teacher
relationship and a consensual sexual relationship,
and therefore prohibits simultaneous participation
in both roles. Thus, if one party to a consensual
sexual relationship is a student of the other person
in a course for which the student will receive a grade,
the student should immediately withdraw from the course
and should never again take a course with that teacher.
In such case it is the duty of the teacher to take
all steps, including if necessary consultation with
the appropriate Dean, to assure that the student's
enrollment in the course is promptly terminated. If
the student is not currently enrolled in any of the
teacher's courses when the relationship begins, the
student should refrain from taking any future course
with the teacher. The policy of not taking courses
with the teacher should continue even after the relationship
has ceased.
2.
Counselors and Counselees
Because
of the potential for emotional harm, individuals should
not engage in both a consensual sexual relationship
and an official counselor/counselee relationship.
If a consensual sexual relationship commences during
an official relationship, the official relationship
should immediately be terminated and never be started
again. Similarly, individuals in, or who have been
in a consensual sexual relationship should thereafter
never enter into an official counseling relationship.
3.
All Other Senior-Junior Relationships
In
any other situation where a senior has direct authority
over a junior, and can thus advance, promote, recommend,
or in any other way directly influence the academic
or work status of the junior, the senior person should
recuse himself or herself from any decision involving
the status of the junior. If the fact of refusal causes
the senior to experience difficulty with a superior,
the senior should explain the reason for the refusal
to the person in authority. The senior's obligation
to explain also exists where an unexplained failure
to participate might create an inference of a negative
evaluation of the junior by the senior.
VI.
Sanctions for Violations of this Policy, Review, Other
Limitations
1. Any teaching professional who violates the procedures
in Part III of this Policy, or any other individual
engaged in a consensual sexual relationship who violates
any of the procedures in Part III of this Policy,
shall be subject to sanctions commensurate with the
severity of the offense. The sanction shall be determined
in the case of a teaching professional, by the appropriate
Dean or Executive Vice President, after consultation
with the chair, if any, of the teaching professional's
department; and in the case of other individuals covered
by this section, by the appropriate director or other
supervisory official, including the Senior Vice President.
However, in the case of a student violating these
procedures sanctions shall be determined by the appropriate
Dean on that student's campus.
2. The imposition of any sanction imposed under this
Policy may be subject to review under any applicable
provision of an established University grievance procedure.
(Revised
5/8/98)
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8.
Illegal Drugs District of Columbia Law
The
possession, use, manufacture, and/or distribution
of illegal drugs (known under the law as “controlled
substances”) is strictly prohibited at all times
on University property, in University vehicles, or
in connection with any University activity or University
business by D.C. law, federal law, and University
policy.
D.C.
Law
The
term “controlled substance” is defined
in the D.C. Code, and includes, among many other materials,
cannabis (both marijuana and hashish), cocaine, PCP,
LSD and many narcotics.
Individuals
who are found to have violated D.C. laws relating
to controlled substances are subject to fines of up
to $200,000, and/or imprisonment for a term of up
to 25 years. Anyone who is found to have enlisted
or encouraged an individual under the age of 18 to
distribute or sell any controlled substance, is subject
to the same fines and term of imprisonment and an
additional fine of $10,000 and 10 years in prison.
Any person over 21 years of age who is found to have
distributed a controlled substance to someone under
18 years of age is likewise subject to a fine of up
to $200,000 and imprisonment for up to 50 years. A
finding that an individual has attempted to commit
any of these offenses makes the individual subject
to the same fines and terms of imprisonment as if
the crime were actually committed.
Individuals
may also be subject to a $1,000 fine or six-month
imprisonment for using, possessing, selling, or delivering
drug paraphernalia. Drug paraphernalia means items
used in connection with illegal drugs and includes,
but is not limited to, scales and balances designed
for measuring a controlled substance, blenders, bowls,
containers, spoons, and other devices used for mixing
or compounding a controlled substance; capsules, balloons,
envelopes, and any other containers used to package,
use, or store a controlled substance. The term also
embraces pipes (including chamber, carburetor, electric
and air-driven pipes), tubes, roach clips, cocaine
spoons and vials, bongs and ice pipes or chillers.
University
Policy
As
noted above and in the University’s Alochol
and Other Drug Policy (see http://www.georgetown.edu/student-affairs/handbook/policies/alcoholdrugs.html)
, the University’s Student Code of Conduct also
strictly prohibits the use, possession, transfer and/or
sale of illegal drugs (see http:/www.georgetown.edu/student-affairs/handbook
/conduct). In addition to whatever sanctions are imposed
by D.C. law enforcement authorities, students who
violate the University policy will be subject to disciplinary
action. The severity of the imposed sanction will
be appropriate to the violation, but may include suspension
and/or expulsion.
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9.
Georgetown University Student Organizations: Eligibility
for University Benefits
Georgetown
University is built on a two-hundred year commitment
to a Jesuit, Catholic understanding of undergraduate
education. In this tradition the appropriate context
for undergraduate education is a community. A community
is characterized by an ethos, a shared, common vision,
in our case as a shared set of moral commitments and
a shared understanding of the nature of undergraduate
education. As a Jesuit, Catholic university Georgetown
is committed to an understanding of education that
comprises not merely the transmission of knowledge
and skills, but the cultivation of virtues and the
formation of character respectful of the Catholic
vision.
It
is our hope that our extra and co-curricular programs
will provide opportunities for the development of
knowledge and skills, the cultivation of virtues and
the formation of character. We hope they will be the
source of community building and an opportunity for
celebration. Through the content of the activities
the members share, through the process of leading
and managing a club, through the shared experiences
of the members, these hopes can be realized.
The
following guidelines intend to provide a framework
for the responsible distribution of University resources
while building a community that is consistent with
the moral vision upon which this University was founded.
Eligibility
Criteria
Student
organizations wishing access to university benefits
must meet the following eligibility criteria. Access
to student club and organization benefits does not
indicate University recognition or endorsement of
the merits of any activity or objective.
Open
Membership
Because
of the University’s commitment to inclusiveness,
membership in a student organization must be nondiscriminatory
and open to the entire Georgetown University undergraduate
student community.
An
exception to this policy will be granted for performing
arts groups that wish to select members for performances
based on special criteria such as talent and individual
merit, academic councils which require enrollment
in a particular college, or class committees which
require attainment of a particular class standing.
Any other group that believes selective membership
is warranted must receive the approval of the Director
of Student Organizations and the appropriate advisory
board. All such groups will be required to demonstrate
that their selection process is integral to the success
of the group, is openly advertised and fair and is
non-discriminatory. This process will be reviewed
annually.
Organization
Size
A
group must have a minimum of 12 currently enrolled
full-time undergraduate student members in order to
be considered eligible for benefits. In order to preserve
opportunities for undergraduate students to gain leadership
experience, other individuals within the University
academic community may participate in a group’s
activities or programs but may not be members or otherwise
attempt to direct, lead or inappropriately influence
the group’s activities. Only members of the
University academic community are eligible for participation
in a student organization.
Non-Duplicative
A
group may not duplicate the purpose and/or activities
of an existing student organization. This provision
safeguards limited resources and encourages students
to work cooperatively when their interests and intentions
are similar.
Constitution
In
order to provide for basic democratic principles and
ensure the integrity of the organization, a group
must demonstrate that it has developed a sound constitution
as shown by inclusion of the following:
* purpose clearly articulated and accurately descriptive
of the group’s function
* free election of officers
* clearly articulated election process
* clearly articulated procedure for removal of officers
* voting membership and officers limited to currently
enrolled students
* specific definition of voting members
* procedure for amendment of the constitution
* reference to bylaws or other relevant documents
that will govern the group’s activities or functioning
Compliance
with University Policy
Groups
must agree to comply at all times with any and all
relevant University policies, procedures, rules, regulations
and guidelines. Since the views and activities of
student organizations are not necessarily reflective
of the University, all organizations are expected
to include in all publications issued (newsletters,
brochures, pamphlets, etc.), except those specifically
approved, an appropriate disclaimer. For example,
an appropriate disclaimer would read: “The views
expressed in this publication do not necessarily reflect
those of the administration, faculty or student body
of Georgetown University unless specifically stated.”
Groups
will not be eligible for access to benefits if their
purpose or activities:
* are unlawful or in violation of University policy;
* endanger or threaten to endanger the safety of any
member of the University community or of any of the
University’s physical facilities;
* disrupt or obstruct the functions of the University
or threaten such disruption or obstruction;
* foster hatred or intolerance of others because of
their race, nationality, gender, religion or sexual
preference, or are inconsistent with acceptable conduct
at an American university committed to the Roman Catholic
moral tradition;
* are conducted secretly or as a fraternity or sorority
(e.g. groups with discriminatory, secret or ritualized
membership practices);
* are purely commercial or financially profitable
to group members.
University
Benefits
The
following benefits are available to student groups
that meet the eligibility criteria and are given access
by the appropriate advisory board (PAAC, Media, SAC,
VPS, or Advisory Board for Club Sports.) Special eligibility
requirements or conditions on the scope or nature
of a group’s activities may be imposed by each
advisory board, or the Vice President of Student Affairs,
where appropriate.
Standard
Benefits
which are routinely granted when access is granted:
* Advice and counsel from the appropriate board
* A mailbox in the Center for Student Programs
* Access to the university mailing service
* Use of computers, copier, and fax machine in the
Student Activities Office
* Information about opportunities and events for student
organizations
* Inclusion in the SAC Fair and university ceremonies
Administrative
Benefits
which require an application and administrative staff
approval:
* Ability to apply for VPS vehicles
* Access to university computer label service
* Ability to apply for fund raising project
* Privilege to apply for a liquor license
* Support for events scheduled off campus
* Access to university facilities (indoor and outdoor)
for events and activities
The
process and criteria used to determine access to administrative
benefits are published in the Student Organization
Guide.
Board
Benefits
which require an application and Board or Lecture
Fund approval and final approval of the Vice President
of Students Affairs:
* Annual organizational budget allocation
* Office space
* Approval for selective membership
* Mid-year funding requests
* Budget revisions
If
you would like to gain access to benefits for your
group, visit the Center for Student Programs web page
to obtain information on the Access to Benefits procedure,
guidelines for, and a sample constitution, etc,. Once
familiar with that information, email the constitution
to swansonm@geoergetown.edu and set an appointment
with the Director of Student Organizations in 316
Leavey. Once the Director of Student Organization
has made sure the group is eligible and that the constitution
meets all university guidelines, the group will be
scheduled to appear at a meeting of the appropriate
advisory board. From the presentation of the original
constitution to the meeting of the advisory board
usually takes about a month. No group will be considered
by an advisory board before October 1 or after April
1 of any year.
Georgetown
University Constitution Guidelines
The
following outline and questions are designed to help
you write or update a constitution for your organization.
The constitution should contain statements concerning
enduring aspects of the organization. Items that are
subject to frequent revision should be included in
the By-Laws.
PREAMBLE
This
section should be a statement of the group’s
establishment. The preamble should contain the name
of the organization. The preamble should include the
date on which the Constitution was ratified or amended.
Article
I. Name
Section 1: What is the exact title of this organization?
Article
II. Purpose
Section 1: What is the purpose? Is it fostering a
broad educational goal? Does it have a social, cultural
or political aim? Why was the group founded? Be precise
enough so that a non-member would understand the group.
Section 2: This section should be a statement of the
group’s willingness to abide by all university
policies.
Article
III. Membership
Section 1: How does one become a member? How are voting
members identified? Voting members must be full-time
undergraduate students at the University. What is
the date in any one year by which one must join to
still be able to vote? Who keeps the official membership
list?
Section 2: Voluntary withdrawal of membership may
be provided for. Can a member remain in the organization
if she/he fails to pay dues?
Section 3: Membership must be open to all Georgetown
University full-time undergraduate students.
Article
IV. Officers
Section 1: How many officers are there? What are their
titles and duties? Will the officers constitute an
executive committee? Will your structure be hierarchical
or flat?
Section 2: Officers must be full-time undergraduate
students at the university.
Section 3: The only officer required is a Treasurer.
Article
V. Operations
Section 1: How are officers elected? What constitutes
a quorum? What type of ballot? Who may vote? When
are they elected, and for what period? Who is eligible
for office? When do officers assume office? How may
officers be removed? How will mid-year vacancies be
filled? You may wish to clarify the role of your advisor.
Article
VI. Finances
Section 1: Will there be membership dues?
Section 2: The organization will seek funding by application
to the appropriate advisory board ( Select the appropriate
one: SAC, Media Board, VPS Board, PAAC or Advisory
Board for Club Sports.)
Section 3: The group must express willingness to comply
with all financial policies, including placing all
funds in its University account.
Article
VII. Amendments
Section 1: How are amendments to be proposed and by
whom? Usually they are proposed at one meeting and
voted on at the next after notifying members. What
majority is needed for amendments to pass? What is
a quorum for this meeting?
BY-LAWS
(optional)
Your
constitution may also include a “Provision for
By-Laws” article or a clause pertaining to the
establishment of by-laws. The by-laws might include
some of the following items:
* Standing committees of the organization
* Ad-hoc committees of the organization which are
established for a single purpose, or 1-year commitment.
Such committees will be eliminated from the by-laws
once abolished or defunct.
* Policies pertaining to the time and location of
organizational meetings.
* Structures/purposes of committees.
Center
for Student Programs Sample Constitution
A
Constitution reflects the policies and procedures
of organizations. Since every organization is different,
constitutions will vary in their content. The following
sample constitution contains areas typically addressed
in constitutions and possible wording. When writing
a constitution, however, student organizations should
be sure that their constitution reflects the policies
and procedures of their particular organization.
CONSTITUTION
OF “Name of Organization”
Preamble
We,
the members of “Name of Organization”
do hereby establish this Constitution on (date ratified
or amended.)
Article
I. Name
The
name of the organization will be “Name of Organization,”
henceforth referred to as “Name of Organization.”
Article
II. Purpose
1. “Name of Organization” is established
for the purpose of developing leadership skills and
an awareness of the responsibility to participate
in public affairs.
2. “Name of Organization” understands
and is committed to fulfilling its responsibilities
of abiding by Georgetown University’s policies.
Article
III. Membership
1. Voting membership shall be limited to persons officially
connected with the University as enrolled full time
undergraduate students. In addition, the following
requirements are necessary to constitute voting membership.
* Payment in full of financial obligations as determined
by organization.
* Attendance at 75% of all meetings during a given
semester.
* Active participation in all activities sponsored
by “Name of Organization” unless the activity
interferes with either a class or job.
2. “Name of Organization” openly admits
undergraduate students to its membership and does
not discriminate on the basis of race, color, disability,
gender, ethnicity, national origin, religion or sexual
orientation.
Article
IV. Officers
1. Officers of “Name of Organization”
must be full-time undergraduate students enrolled
at Georgetown University.
2. Name of Organization” will be governed by
the following means:
1. An elected President (or other designated officer)
will preside at all meetings of “Name of Organization.”
The President will maintain the power to appoint all
committee chairpersons, shall present all motions
to the body present, and shall be present at 90% of
the meetings of “Name of Organization.”
The President is responsible for communication between
“Name of Organization,” its advisory board
(insert name,) and the Office of Student Programs.
2. “Name of Organization” shall also maintain
a Vice President. The Vice President’s duties
shall be to preside at all meetings and functions
that the President cannot attend.
3. Club members shall also elect a Treasurer who will
keep the lists of voting and active members, handle
all dues, accounts, expenditures, new members, rule
observances at stated meetings, protocol, etc.
Article
V. Operations
1. Voting Eligibility
Those members meeting all requirements of active membership
by (date during the year) as set forth in Article
III will be eligible to vote.
2. Election Process
1. All officers shall be elected by a majority vote
of eligible voting members of “Name of Organization.”
All elections will be held on an annual basis by February
15 of each academic year, at a meeting comprised of
quorum (50% + 1) of “Name of Organization’s”
members.
2. The President will take nominations from the floor,
the nomination process must be closed and the motion
seconded. The nominated parties will be allowed to
vote if they are eligible voting members.
3. All voting shall be done by secret ballot to be
collected and tabulated by the Secretary-Treasurer
and one voting member of “Name of Organization,”
to be appointed by the outgoing President.
4. Newly elected officers will assume office on (date),
except in the case of mid-term elections. Officers
elected mid-term will assume office immediately after
their election.
3. Removal
1. Any officer of “Name of Organization”
in violation of the Organization’s purpose or
constitution or failure to fulfill duties as stated
may be removed from office by the following process.
2. A written request by at least three members of
the organization.
3. Written notification to the officer of the request,
asking the officer to be present at the next meeting
prepared to speak in their own defense.
4. Written notification to the membership.
5. 75% of the voting membership must be in attendance
to vote on removal of an officer. A two-thirds (2/3)
majority is necessary to remove the officer.
4. Replacement
Should an officer resign or be removed, a special
election will be held one week after written notification
to all voting members. Mid-term elections shall be
conducted as specified in Article IV, Section 2.
5. Meetings
All meetings will occur on a weekly basis or other
regular basis at a time selected by “Name of
Organization” and will follow the procedure
set forth below:
* Attendance
* Report by the President
* Committee Reports
* Vote on all committee motions and decisions
* Any other business put forward by members of the
club
* Dismissal by the President
Article
VI. Finances
"Name
of Organization” will finance the activities
it engages in by the following means:
1. Membership dues (appropriate amount set by “Name
of Organization”.)
2. “Name of Organization” will submit
a budget to the (insert one-SAC, VPS Board, Media
Board, PAAC or Advisory Board for Club Sports) on
an annual basis and request funding appropriate for
the effective operation of the organization for each
year.
3. “Name of Organization” will conduct
all financial activities in accordance with university
policy and place all funds in its university account.
Article
VII. Amendments
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