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AIDS Guidelines
Current knowledge indicates that students or employees with AIDS, ARC (AIDS Related Complex) or a positive HTLV-III (Human T-Lymphotrophic Virus Type III) antibody test do not pose a health risk to other students or employees. The best current medical information about the disease and its transmission clearly demonstrates that AIDS is not transmitted by any form of casual interpersonal contact. The virus that causes AIDS is fragile and does not survive and multiply in the air, on inanimate objects or on environmental surfaces.

In order to promote an educational program directed at the prevention of AIDS and the reduction of fear surrounding the disease, and to protect the rights of students and employees with AIDS, the following University guidelines and recommendations have been developed:

  1. The AIDS committee will be composed of appointed members from the faculty, administration staff, student body and Student Development division. A member of the local community will be asked to serve in a resource capacity. The purpose of the AIDS committee will be to a) serve as the coordinating body for the University AIDS program; b) make recommendations for change of the AIDS policy and guidelines; and c) oversee the education efforts to inform the University community about AIDS. The AIDS committee chairperson will make reports and submit recommendations to the Council of Residential Studies via the Student Development Committee. 
  2. The guidelines will be individually applied, taking into account the psychological, physical and behavioral characteristics of the individuals involved. Members of the University community who know or suspect they are infected with the AIDS virus are encouraged to seek assistance from the University and community support group for medical treatment and counseling.
  3. Screening for AIDS virus infection shall not be a requirement for employment eligibility or the University entrance by a student. 
  4. A student's or employee's medical diagnosis is personal information, and such information, if known, shall not be released without the written permission of the student or employee, except as otherwise provided by law. 
  5. The University will provide education and information about AIDS and its transmission to concerned employees or students.

The education program will have two main objectives:

  1. to give students and employees the facts they need about AIDS-how it is and how it is not spread, and how individuals through their own choices about personal behavior can avoid acquiring or spreading the AIDS virus; 
  2. to encourage employees and students to show understanding and compassion for those who already have been infected.

University Employees
The University shall provide reasonable accommodations to employees with AIDS as with any other disability or handicap. The determination of whether an AIDS virus infected employee should be permitted to remain engaged in normal work activity shall be made on a case-by-case basis by a team composed of the employee and/or his/her representative, the employee's physician and the appropriate University personnel.

University Students
The determination of whether an infected student should not be able to attend classes or participate in University activities shall be made on a case-by-case basis by a team composed of the student and/or his/her representative, attending physician and appropriate University personnel.
(Adopted by the University Board of Trustees, October 14, 1988.)


Student Records & Release of Student Information Policy
The Family Educational Rights and Privacy Act (FERPA) afford students certain rights with respect to their education records. They are:

  1. The right to inspect and review the student's education records within 24 days of the day the University receives a request for access.

    Students should submit to the senior vice president for residential university, registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
  2. The right to request the amendment of the student's education records that the student believes is inaccurate or misleading.

    Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

    If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
  3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

    At its discretion, the University may provide directory information in accordance with the provisions of the act to include: student name, local and home address, University E-mail address, local telephone number, date and place of birth, major field of study, name of advisor, academic classification, class schedule, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, participation in officially recognized activities and sports, and weight and height of members of athletic teams.

    Students will be notified annually of their right to nondisclosure, but must notify the Registrar's Office within a specified amount of time if they intend to exercise their right. Students must file a nondisclosure form with the Registrar's Office.

    Records other than directory information may be released under the following circumstances: 1) through the written consent of the student; 2) in compliance with a subpoena; 3) to the student's parents by submission of evidence by the parents that the student is declared as a dependent on the parents' most recent federal income tax form.

    The institution is not required to disclose information from the student's educational records to the parents of a dependent student. The University may; however, exercise its discretion to do so.

    At the University's discretion, violations of federal, state and local law, or of any policy of the University governing the use or possession of alcohol or a controlled substance may be reported to parents if the student is under the age of 21 and the University determines that the student has committed a disciplinary violation with respect to such use or possession.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA are:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202-4605

Request for nondisclosure will be honored by the University for only one academic year; therefore, authorization to withhold directory information must be filed annually in the office of the Registrar. Refer to annual notification for specific guidelines.

This statement is not the FERPA policy in its entirety. For specific details concerning FERPA, contact the Office of the Registrar at extension 5340.

It's Our Policy
In accordance with federal laws and regulations and Board of Trustees mandates, Upper Iowa University has established several basic policies to protect employee rights and ensure safety in the workplace. These are set forth below.

Nondiscrimination Policy
Article XV of the Upper Iowa University Bylaws states: "In administering its affairs, the University shall not discriminate against any person on the basis of race, creed, color, national or ethnic origin, sex, sexual orientation, age or physical disability."

The University is committed to providing all of its students, faculty, staff, and visitors with equal access to its programs, events, and facilities. To this end, and in compliance with Section 504 of the Rehabilitation Act of 1973, Upper Iowa University has made some reasonable modifications to its buildings and grounds that allow students, faculty and staff, including those with limiting visual or hearing impairments, equal access to the regular programs and degree objectives offered by the University. These modifications include auxiliary aids, modification in classroom locations, and/or adjustment of classroom techniques and practices.

Persons wishing additional information about this policy, for assistance to accommodate individual needs, or for lodging of any complaints or grievances under it should contact the Residential University EO Officer, PO Box 1857, Fayette, IA 52142, (563) 425-5347; or the Extended University EO Officer, PO Box 1857, Fayette, IA 52142, (563) 425-5394.

Sexual Harassment Policy
Statement of Policy

Upper Iowa University is committed to maintaining for employees and students a working and learning environment free from sexual harassment. Behaviors that inappropriately assert sexuality as relevant to employee or student performance are damaging to this environment. Sexual harassment by any member of the University is in violation of both law and University policy and will not be tolerated in the University community. Matters involving sexual harassment will be dealt with promptly and confidentially by the appropriate University officials.

Definitions of Sexual Harassment
Harassment on the basis of sex is in violation of Section 703 of Title VII of the Civil Rights Act of 1964, as amended, Title IX of Education Amendments of 1972 and the Iowa Civil Rights Act (Chapter 601A of the Iowa Code).

Employees. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as: "Unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature constitutes sexual harassment when: 1) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of instruction, employment or participation in other University activity; 2) submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile or offensive University environment."

Students. Sexual harassment of students is in violation of Title IX of the Education Amendments of 1972; which prohibits sex discrimination in education. Academic sexual harassment is the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs that student's full enjoyment of educational benefits, climate or opportunities. Unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when grades or educational progress are made contingent upon submission to such conduct, or when the conduct has the purpose or effect of interfering with the individual's academic performance, or when creating an intimidating, hostile or offensive educational environment.

Sexual harassment can occur between 1) students, 2) faculty and students and 3) staff and students. In determining whether an alleged conduct constitutes sexual harassment, consideration should be given to the record as a whole and to the totality of the circumstances, including the nature of the alleged sexual advances and the context in which the alleged incident occurred. Retaliation against an employee or student for filing a sexual complaint is grounds for a subsequent harassment complaint.

Responsibilities and Grievance Procedures
General
. While it is the responsibility of all employees and students of the University to conduct themselves in such a way as to contribute to an environment free of sexual harassment, the responsibility falls especially upon University administrators and supervisors. Should an administrator or supervisor have knowledge of conduct involving sexual harassment or receive a complaint of sexual harassment that involves a University student, employee or agent under his/her administrative jurisdiction, immediate steps must be taken to deal with the matter appropriately, whether or not invoked by a grievance procedure. Taking positive steps to sensitize employees and students with respect to this issue also is a responsibility of University administration.

Procedures. Individuals who believe they have been sexually harassed may obtain redress through the established procedures of the University. An employee or student may report sexual harassment to his/her immediate supervisor, the vice president who has administrative jurisdiction, Affirmative Action/EO Officer, or Dean of Student Development. Because of the sensitive nature of the situations involving sexual harassment, and to assure speedy and confidential resolution of grievances, the University has established informal and formal grievance procedures for handling complaints involving sexual harassment. Informal procedures may be used but are not required to precede the formal procedures.

  1. Informal Grievance Procedure. An employee or student may discuss a sexual harassment grievance with the immediate supervisor, vice president who has administrative jurisdiction, Affirmative Action/EO Officer, and/or Dean of Student Development. After receiving the complaint, the supervisor, vice president, Affirmative Action/EO Officer, and/or Dean of Student Development may discuss the matter with all those involved, individually or collectively, in an effort to resolve the matter. If the employee or student is not satisfied with the informal efforts, he/she may then use the formal procedures.
  2. Formal Grievance Procedure. Formal procedures may be initiated by the aggrieved employee or student, or by an administrative official of the University subsequent to a failure to resolve the complaint at the informal level. A formal grievance relating to a complaint of sexual harassment may be initiated by an employee or student either in lieu of informal procedures or where informal efforts have failed.

A student may file a written and signed complaint with the Affirmative Action/EO Officer or Dean of Student Development. The complaint shall be submitted as soon after the sexual harassment has occurred as is possible, but not more than 60 days after the occurrence.

Retaliation Prohibited. This policy seeks to encourage students and employees to express freely, responsibly and in an orderly way their opinions and feelings about any problem or complaint of sexual harassment. Any act by a University employee or reprisal, interference, restraint, penalty, coercion or harassment-covertly or in covertly-against a student or an employee for responsibly using the policy and its procedures interferes with free expression and openness. Accordingly, such acts violate this policy and require appropriate and prompt disciplinary action.

Frivolous or False Charges. This policy shall not be used to bring frivolous or malicious charges against fellow students, faculty members, or employees. Disciplinary action under the appropriate personnel policies concerning personal misconduct shall be taken against any person bringing a charge of sexual harassment in bad faith.

Advisory Committee and Education Programs. At the beginning of each academic year, the Vice President for Residential University and the Senior Vice President for Extended University shall submit recommendations to the President for a committee of six to eight members to advise and assist the Affirmative Action/EO Officer in maintaining a University environment that is free of sexual harassment. Final approval of the members shall come from the President. The Sexual Harassment Advisory Committee shall include not less than two faculty members, two staff/hourly employees, and two students, with the Affirmative Action/EO Officer. The committee shall meet at least once a year and shall submit an annual report to the President by the close of the academic year.

The purpose of the Sexual Harassment Advisory Committee is 1) to serve as the coordinating body for the program on sexual harassment; 2) make recommendations for change or revision of the sexual harassment policy or procedures; and 3) oversee the education effort to inform the University community about sexual harassment. The chairperson of the Sexual Harassment Advisory Committee will make reports and submit recommendations to the President.

The University makes known its sexual harassment policy to students, faculty and employees by using such means as student, faculty and employee handbooks, residence hall and general student meetings, faculty and employee meetings, orientation programs and other efforts as deemed appropriate.

(Adopted by the University Board of Trustees, November 1989.)

 
 
 

Last Updated 8/12/08