ShepherdUniversity Board of Governors

March 9, 2006

Agenda Item No. 5

FINAL ADOPTION OF REVISED

POLICIES 2, 3, 4, 6, 8, 12, 13, 16 AND 18

On February 6, 2006 drafts of revisions forthe above referenced policies were distributed for public comment. As of the publication of the agenda book, no comments were received from the campus community about any of the revisions. A limited number of comments were received from several staff at the HEPC. Most of the suggestions offered were technical in nature or otherwise helped clarify language.

For each policy, the following pages include one copy, with changes reflected in underlining for new language and strikethroughs for deleted language, and one “clean” copy showing the proposed new version of the policy.

The following resolutions are recommended for adoption by the Board:

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 2,Change in the Organization of Colleges, Schools, Divisions, Departments or Other Administrative Units, as presented in the agenda book, to become effective immediately.

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 3,Naming or Renaming of Building or Organizational Units, as presented in the agenda book, to become effective immediately.

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 4,Sexual Harassment, as presented in the agenda book, to become effective immediately.

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 6,Grade Point Average for Baccalaureate and Masters Degrees, as presented in the agenda book, to become effective immediately.

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 8,Holidays, as presented in the agenda book, to become effective immediately.

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 12,Alcoholic Beverages on Campus, as presented in the agenda book, to become effective immediately.

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 13,Ethics, as presented in the agenda book, to become effective immediately.

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 16,Assignment of Academic Credit and Financing Noncredit Instruction, as presented in the agenda book, to become effective immediately.

RESOLVED,That the Shepherd University Board of Governors approves the revisions to Policy 18,Social Justice, as presented in the agenda book, to become effective immediately.

SHEPHERDCOLLEGEUNIVERSITY

BOARD OF GOVERNORS

POLICY 2

TITLE: CHANGE IN THE ORGANIZATION OF COLLEGES, SCHOOLS, DIVISIONS, DEPARTMENTS OR OTHER ADMINISTRATIVE UNITS

SECTION 1. GENERAL

1.1 Scope -This policy establishes the procedures to change administrative organization within the institution.

1.2 Authority - West Virginia Code §18B-1-6, §18B-2A-4

1.3 Filing Date -Effective Date – , Amending the January 10, 2002 Version of the Policy.

SECTION 2. POLICY

2.1 The Board hereby finds that the organizational structure of the University is as set forth in the attached chart, Appendix A, and such structure is hereby ratified and approved by the Board.

2.2Approval by the Board of Governors is required prior to implementation of the following changes in the organizational structure of the institution:

2.21.1 Creating any new college, school, division, or department that provides instruction, which units are designated as category [1] in Appendix A;.

2.21.2 Renaming of any existing college, school, division, or department that provides instruction or is otherwise designated as category [1] in Appendix A;.

2.21.3 Creating any new administrative division or unit headed by an individual who reports directly to the President as designated as category [1] in Appendix A.

2.32The President shall provide written notification to the Eexecutive Ccommittee prior to discontinuing, combining, or reorganizing any existing college, school, division, department, center, institute, or other administrative unit which provides instruction (designated as category [1] in Appendix A) or creating any new non-instructional administrative unit designated as category [2] in Appendix A.,other than those specified in Subsection 2.1.3.

2.43The President's written notification pursuant to Section 2.3 to the Eexecutive cCommittee shall confirm that appropriately elected faculty, classified staff, and student representatives and/or organizations were consulted prior to implementing or seeking approval of any change governed pursuantby to this policy. The notification shall also include the appropriate revision to Appendix A, and the President is authorized to amend Appendix A to reflect changes under Section 2.3.

2.5The Board delegates to the discretion of the President the authority to make organizational changes as to units not designated as category [1] or [2] units on Appendix A.

APPENDIX A

BOG

PRESIDENT

Academic Affairs (Vice President of) [1]

School of Arts and Humanities (Dean of) [1]

Department of Art [1]

Department of English and Modern Languages [1]

Department of History [1]

Department of Mass Communications [1]

Department of Music [1]

School of Business and Social Sciences (Dean of) [1]

Department of Accounting [1]

Department of Business Administration and FACS [1]

Department of Economics [1]

Department of Political Science [1]

Department of Psychology [1]

Department of Social Work [1]

Department of Sociology and Geography [1]

School of Education and Professional Studies (Dean of) [1]

Department of Education [1]

Department of Health, Physical Education and Recreational Studies [1]

Department of Nursing Education [1]

School of Natural Sciences and Mathematics (Dean of) [1]

Department of Biology [1]

Department of Chemistry [1]

Department of Computer Sciences, Mathematics and Engineering [1]

Institute for Environmental Studies [1]

Academic Advisement [2]

Athletics (Director of) [2]

Graduate Education (Dean of) [1]

Honors Program (Director of) [1]

Libraries and Information Sciences (Dean of) [2]

RBA Program [1]

Teaching and Learning (Dean of) [1]

Academic Support [1]

Administration and Finance (Vice President of) [1]

Comptroller [2]

Auxiliaries (Director of) [2]

Facilities (Director of) [2]

Information Technology (Director of) [2]

Procurement (Executive Director of) [2]

Advancement (Vice President of) [1]

External Affairs (Executive Director of) [2]

Enrollment Management (Vice President of) [1]

Admissions (Director of) [2]

Financial Aid (Director of) [2]

Registrar [2]

General Counsel [1]

Human Resources (Director of) [2]

Public Safety (Director of) [2]

Student Affairs (Vice President of) [1]

Assistant VP and Dean of Students [2]

Assistant VP and Director of Residence Life [2]

Dining Services (Director of) [2]

Multicultural Affairs (Director of) [2]

SHEPHERDUNIVERSITY

BOARD OF GOVERNORS

POLICY 2

TITLE: CHANGE IN THE ORGANIZATION OF COLLEGES, SCHOOLS, DIVISIONS, DEPARTMENTS OR OTHER ADMINISTRATIVE UNITS

SECTION 1. GENERAL

1.1 Scope -This policy establishes the procedures to change administrative organization within the institution.

1.2 Authority - West Virginia Code §18B-1-6, §18B-2A-4

1.3 Effective Date – , Amending the January 10, 2002 Version of the Policy.

SECTION 2. POLICY

2.1 The Board hereby finds that the organizational structure of the University is as set forth in the attached chart, Appendix A, and such structure is hereby ratified and approved by the Board.

2.2Approval by the Board of Governors is required prior to implementation of the following changes in the organizational structure of the institution:

2.2.1 Creating any new college, school, division, or department that provides instruction, which units are designated as category [1] in Appendix A;

2.2.2 Renaming of any existing college, school, division, or department that provides instruction or is otherwise designated as category [1] in Appendix A;

2.2.3 Creating any new administrative division or unit headed by an individual who reports directly to the President as designated as category [1] in Appendix A.

2.3 The President shall provide written notification to the Executive Committee prior to discontinuing, combining, or reorganizing any existing college, school, division, department, center, institute, or other unit which provides instruction (designated as category [1] in Appendix A) or creating any new non-instructional administrative unit designated as category [2] in Appendix A.

2.4 The President's written notification pursuant to Section 2.3 to the Executive Committee shall confirm that appropriately elected faculty, classified staff, and student representatives and/or organizations were consulted prior to implementing or seeking approval of any change governed by this policy. The notification shall also include the appropriate revision to Appendix A, and the President is authorized to amend Appendix A to reflect changes under Section 2.3.

2.5The Board delegates to the discretion of the President the authority to make organizational changes as to units not designated as category [1] or [2] units on Appendix A.

APPENDIX A

BOG

PRESIDENT

Academic Affairs (Vice President of) [1]

School of Arts and Humanities (Dean of) [1]

Department of Art [1]

Department of English and Modern Languages [1]

Department of History [1]

Department of Mass Communications [1]

Department of Music [1]

School of Business and Social Sciences (Dean of) [1]

Department of Accounting [1]

Department of Business Administration and FACS [1]

Department of Economics [1]

Department of Political Science [1]

Department of Psychology [1]

Department of Social Work [1]

Department of Sociology and Geography [1]

School of Education and Professional Studies (Dean of) [1]

Department of Education [1]

Department of Health, Physical Education and Recreational Studies [1]

Department of Nursing Education [1]

School of Natural Sciences and Mathematics (Dean of) [1]

Department of Biology [1]

Department of Chemistry [1]

Department of Computer Sciences, Mathematics and Engineering [1]

Institute for Environmental Studies [1]

Academic Advisement [2]

Athletics (Director of) [2]

Graduate Education (Dean of) [1]

Honors Program (Director of) [1]

Libraries and Information Sciences (Dean of) [2]

RBA Program [1]

Teaching and Learning (Dean of) [1]

Academic Support [1]

Administration and Finance (Vice President of) [1]

Comptroller [2]

Auxiliaries (Director of) [2]

Facilities (Director of) [2]

Information Technology (Director of) [2]

Procurement (Executive Director of) [2]

Advancement (Vice President of) [1]

External Affairs (Executive Director of) [2]

Enrollment Management (Vice President of) [1]

Admissions (Director of) [2]

Financial Aid (Director of) [2]

Registrar [2]

General Counsel [1]

Human Resources (Director of) [2]

Public Safety (Director of) [2]

Student Affairs (Vice President of) [1]

Assistant VP and Dean of Students [2]

Assistant VP and Director of Residence Life [2]

Dining Services (Director of) [2]

Multicultural Affairs (Director of) [2]

SHEPHERDCOLLEGEUNIVERSITY

BOARD OF GOVERNORS

POLICY 3

TITLE : NAMING or RENAMING of BUILDINGS or ORGANIZATIONAL UNITS

SECTION 1. GENERAL

1.1 Scope - Policy regarding the naming or renaming of buildings or organizational units at the institution.

1.2 Authority - West Virginia Code § 18B-1-6, §18B-2A-4

1.3 Filing Date - Effective Date – , Amending the January 10, 2002 Version of the Policy.

SECTION 2. POLICY

2.1 Approval by the Board of Governors is required for the naming or renaming of buildings and organizational units, such as schools and colleges, at the institution.

2.2The President of the institution, is responsible for making the recommendations to the Board to name a building or organizational unit for appropriate persons in recognition of providing or securing significant financial resources, as may be defined by criteria established by the President in consultation with the Executive Committee..

2.3 A building or organizational unit may be named for an individual if that individual has rendered distinguished service to the institution or made a significant contribution. The individual may not have been employed at the institution during the three (3) previous years.

SHEPHERDUNIVERSITY

BOARD OF GOVERNORS

POLICY 3

TITLE : NAMING or RENAMING of BUILDINGS or ORGANIZATIONAL UNITS

SECTION 1. GENERAL

1.1 Scope - Policy regarding the naming or renaming of buildings or organizational units at the institution.

1.2 Authority - West Virginia Code § 18B-1-6, §18B-2A-4

1.3 Effective Date – , Amending the January 10, 2002 Version of the Policy.

SECTION 2. POLICY

2.1 Approval by the Board of Governors is required for the naming or renaming of buildings and organizational units, such as schools and colleges, at the institution.

2.2The President is responsible for making the recommendations to the Board to name a building or organizational unit for appropriate persons in recognition of providing or securing significant financial resources, as may be defined by criteria established by the President in consultation with the Executive Committee.

SHEPHERDCOLLEGEUNIVERSITY

BOARD OF GOVERNORS

POLICY 4

TITLE: SEXUAL HARASSMENT

SECTION 1. GENERAL

1.1 Scope - This policy defines sexual harassment, provides guidelines for filing sexual harassment complaints and explains what action will be taken against those found to have engaged in sexual harassment.

1.2 Authority - West Virginia Code § 18B-1-6, §18B-2A-4 . A policy statement issued by the Office for Civil Rights of the U.S. Department of Education on the interpretation of the following: Title IX of the Education Amendments of 1972 and Equal Employment Opportunity Commission (EEOC) interpretative guidelines issued in March, 1980; and subsequent federal court decisions on the subject of sexual harassment.

1.3 Effective Date - , Amending the January 10, 2002 Version of the Policy.

SECTION 2. POLICY

2.1 It is the policy of the Board of Governors to maintain a work and educational environment free from all forms of sexual harassment of any employee, applicant for employment or student. Sexual harassment in any manner or form is expressly prohibited. It is the responsibility of the institution to provide educational opportunities to create this free environment and to take immediate and appropriate corrective action when sexual harassment is reported or becomes known. Supervisors at every level are of primary importance in the implementation and enforcement of this policyrule.

SECTION 3. DEFINITION

3.1Sexual Harassment Definition - Sexual harassment is intended to be defined consistent with EEOC and United States Department of Education guidelines. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

3.1.1 submission to such conduct is an explicit or implicit condition of employment;

3.1.2 submission to or rejection of such conduct is used as the basis for employment decisions; or

3.1.3such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance, or creating an intimidating, hostile or offensive work or educational environment.

SECTION 4. FILING of COMPLAINTS

4.1The institution shall maintain a formal complaint procedure for the handling of sexual harassment complaints and assure appropriate dissemination of information concerning it to faculty, staff, and students. The President shall designate one or more persons who shall receive training in facilitating the proper resolution of complaints with the authority to investigate and report to the President. In cases involving the President, the complaint shall be filed with the Chair of the Board of Governors.

4.2

4.34.1.1 Employees - Any employee who feels he or she is being sexually harassed should contact his or her immediate supervisor. If this is not appropriate, employees shall report such alleged misconduct to other designated personnel. Supervisors are to make every effort to ensure that such problems are resolved promptly and effectively.

4.4Students - Any student who feels he or she is being sexually harassed should contact one or more of the designated persons for assistance.

4.5

4.64.2 Any student, supervisor, agent or other employee who is found, after appropriate investigation, to have engaged in the sexual harassment of another employee or a student will be subject to appropriate disciplinary action. Depending on the circumstances, sanctions may include termination or expulsion.

4.1Official Process: Informal Resolution of Harassment Complaints

Informal resolution of complaints, when possible, can be an effective way of correcting misconduct. The process is as follows:

(1)A victim or third party submits a complaint to the campus Ombudsperson. An initial meeting between the Ombudsperson and complainant takes place. All options are explained by the Ombudsperson.

(2)If the Informal Resolution option is chosen, the complainant may engage in the following actions:

a.Opt for a meeting with the alleged harasser and the Ombudsperson. All parties are permitted to bring support persons (friend, family member, colleague, etc.). The Ombudsperson can limit the number of support persons present to a reasonable number. The Ombudsperson will serve as mediator, listening to all views and establishing a resolution document or mediation agreement as appropriate.

b.Opt for the Ombudsperson to meet with all parties separately. The Ombudsperson listens to all views, presents views of opposing parties to each other, and establishes a resolution document or mediation agreement as appropriate.

(3)The resolution document or mediation agreement may include a "no-contact arrangement" and/or other provisions. The outcome of the informal resolution should meet the satisfaction of all parties to the fullest extent possible. If the complainant is not satisfied, the Ombudsperson will review other options available.

(4)Records, including the resolution document, are submitted to the office of Ombudsperson for filing.

(5)The Ombudsperson will follow-up with parties within two weeks of the resolution if one was reached. Additional follow-up contacts will be made as needed.

(6)Proceedings and records will be confidential to the fullest extent possible. If additional complaints arise subsequently as to the same employee, the earlier records may be evidence of a continuing practice of misconduct.

(7)Complainants should act in a timely fashion. The Ombudsperson will, in all cases, attempt to resolve informal complaints within two weeks of notification of the complaint.

4.2Official Process: Formal Resolution of Harassment Complaints

Any student who feels that informal resolution of a complaint will not be or has not been satisfactory should file a formal written complaint with the Ombudsperson.

(1)Since the passage of time makes the resolution of complaints more difficult, it is recommended that the written complaint be filed as soon as possible from the date of the incident(s).

(2)A complaint filed against a professor by a student currently enrolled in the professor's class should be made as soon as possible. The student may choose to have the complaint held confidentially until the end of the semester, at which time the complaint will be resolved. But some situations may require immediate action on the part of the University.

(3)A complaint against another student will be referred to the Assistant Dean of Students for management as a student disciplinary matter.

(4)The President shall annually designate an eight-member body made up of four faculty and four staff. The Ombudsperson will randomly select two panelists from the same group as the person accused and one panelist from the other group to investigate each formal complaint. Immediate supervisors of the accused or the accuser, or any person with a specific, known bias, will be excluded from serving on the three member panel. The formation of the panel will be completed within two weeks of the submission of the written complaint, except where extenuating circumstances require additional time.

(5)When a formal written complaint against an employee is received by the Ombudsperson, a three-member panel will be selected (as noted in number 4) and copies of the complaint will be given to panel members. Panel members will conduct such investigation into the facts and circumstances of the complaints as may be deemed appropriate by any of the panel members.

(6)The panel may meet with the accuser, accused, and any witnesses relevant to its investigation, but shall at all times act collectively as a group and not individually. The investigation will be completed within four weeks of the formation of the panel, except where extenuating circumstances require additional time.

(7)The panel shall prepare a written report of its factual findings and conclusions regarding the merits of the complaint. This report may, if applicable, include dissenting conclusions. If the report finds any part of the complaint to be meritorious, then the report will designate appropriate action with respect to the perpetrator. The panel will complete the written report within one week of the close of the investigation, except where extenuating circumstances require additional time.