Student Conduct Regulations: A Way of Living

Preamble

Berea College is a learning community whose fundamental purposes are expressed in the Great Commitments, which have arisen from its historic Christian tradition. These purposes include not only the intellectual goals pursued through teaching, learning, and scholarship, but also the aesthetic, moral, spiritual, and communal goals pursued more broadly throughout the entire educational program. Students are to be guided by the Great Commitments, as well as the motto, “God has made of one blood all peoples of the earth.” As articulated in the Preamble to the Great Commitments, these statements of belief “shape the College’s culture and programs so that students and staff alike can work toward both personal goals and a vision of a world shaped by Christian values, such as the power of love over hate, human dignity and equality, and peace with justice.”

In light of its mission in the tradition of impartial love and social equality, Berea College welcomes all peoples of the earth to learn and work at the College. This means that the College welcomes all students and staff who seek to live and to learn at Berea in the context of our mission as expressed in the Great Commitments; but this does not mean that all behavior is considered acceptable. Given Berea’s inclusive welcome to all peoples of the earth, the College will not tolerate speech and acts that are harassing to anyone regardless of race, gender, religion, sexual orientation, or other such distinguishing characteristics.

This Preamble affirms values, principles, rights and responsibilities for a way of living in community at Berea College.

Berea College affirms the intrinsic worth of each individual as influenced by heredity, environment, personal choices, and life experience, and believes that difference and diversity enrich the quality of life for all. Each member of our community has responsibility for creating an environment which affirms intrinsic worth, promotes human dignity, nurtures individual potential, and fosters a sense of community and common purpose.

We affirm that personal integrity and honesty are essential for developing trust, which is the foundation of our community. With such a foundation, our community has the responsibility to nurture and maintain this trust personally, in the classroom, in the workplace and in all other areas of our community.

We affirm that personal responsibility and self-determination are essential for developing physical, intellectual, spiritual, social and emotional wholeness as individuals. Commitment to these values means that individuals enjoy broad areas of self-determination and personal choice so long as one’s actions do not infringe upon the rights of others within the context of this community.

We affirm the individual and collective right to free inquiry and to free expression, including the right to advocate courses of action appropriate to the fundamental purposes of our community. These actions must respect both the need to preserve the essential commitments of the College and the right of individual and collective expression of opinion or dissent.

Alcohol and Drug Policy

Student Alcohol and Drug Policy

Policy

Berea College complies with the Federal Drug-Free Schools and Communities Act of 1994 and Drug and Alcohol Prevention Regulations prohibiting the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance on Berea College Campus.

Federal, state and local laws prohibit (the illegal possession or misuse of drugs such as marijuana, barbiturates, amphetamines, prescription tranquilizers, LSD compounds, mescaline, psilocybin, DMT, narcotics (including cocaine), and opiates.) non-medical (illicit drugs) use and trafficking in drugs, hallucinogens, and narcotics. Kentucky state laws prohibit persons less than 21 years of age from using or possessing alcohol beverages. Providing alcohol to persons under 21 years of age is illegal. In Kentucky, operating a motor vehicle while under the influence of alcohol or controlled substance is a violation of law. All students, whether living on or off campus, must adhere to local, state and federal laws concerning alcohol use and are expected to conduct themselves in a manner consistent with Berea College’s community expectations.

The use of drugs and alcoholic beverages is inimical to the aims and purposes of our educational community. It can also be detrimental to individual members of the community. For both these reasons, Berea College prohibits the possession and use of drugs and alcoholic beverages on campus, or other college property, or while engaged in any College sanctioned or supported activities. In addition, possession of paraphernalia for the use of drugs is a violation of Federal and State laws as well as College regulations and is sufficient reasons to be subject to disciplinary action (link to Community Judicial Code and Student Conduct Regulations).

Health Risks Associated with Alcohol and Drug Abuse

The risks associated with the use of illicit drugs (including controlled substances) and the abuse of alcohol are numerous and include but is not limited to the following: physical and psychological dependence, damage to the brain, kidneys and lungs, high blood pressure, ulcers, sustaining or causing personal injury, arrested while driving under the influence or intoxicated and accidental death. There are other immediate risks associated with alcohol and drug abuse that students may be unaware, including: poor academic and work performance, poor social interactions, unwanted and inappropriate sexual activity and jeopardizing future career prospects.

*Internal Penalties and Sanctions

Policies and laws on drug use and use of alcohol on Berea College property apply to all students, faculty, and staff. Any student found to be in possession of or using drugs or alcohol will be subjected to disciplinary sanctions including possible suspension or expulsion (https://berea.smartcatalogiq.com/en/current/student-handbook/student-conduct-regulations-a-way-of-living/unacceptable-actions-rules-of-conduct/).

Students selling or trafficking illegal drugs are liable for the most serious judicial actions---dismissal from the College. Students who possess or use drugs in violation of state and federal laws are also in jeopardy of criminal prosecution.

Given the serious problems which can arise from alcohol and drug use, the College provides educational programs on these matters. No person should hesitate to seek answers to questions relating to drugs or to seek help from the College’s counseling or medical services. Students who seek counseling or medical assistance on campus as a result of the use of drugs or alcohol can do so with assurance that strict counseling and medical confidentiality will be observed. No campus disciplinary action will result from information which is disclosed within the bounds of mental health counseling or College Health Services medical confidentiality.

Berea College has a “zero tolerance” level regarding illegal possession or misuse of drugs or alcohol, or knowingly being in the presence of those who possess or misuse drugs or alcohol. Employees who engage in such activities are subject to disciplinary action up to and including termination of employment. As a condition of employment, each employee of the College agrees to abide by the terms of this statement. Independent of a decision to impose discipline, the College reserves the right to require that an employee who engages in prohibited conduct, participate in and successfully complete a drug abuse assistance or rehabilitation program.

Kentucky State Laws and Penalties Regarding Alcohol and Other Controlled Substances

The College provides the following information concerning state laws regarding the use, sale, and possession of alcoholic beverages and controlled substances, and also to warn of the serious legal penalties to which students and employees may be subject if they violate the laws.

All references are to the Kentucky Revised Statutes and are subject to change:

     KRS 222.202-Alcohol intoxication or drinking alcoholic beverages in a public place.
                  For the full text of this statute, see http://www.lrc.state.ky.us/KRS/222-00/202.PDF

     KRS 244.085-Minors not to purchase liquor or to misrepresent age.
                  For the full text of this statute, see http://www.lrc.ky.gov/KRS/244-00/085.PDF

     KRS 242.230-Traffic in alcoholic beverages in dry county prohibited.
                  For the full text of this statute, see http://www.lrc.ky.gov/KRS/242-00/230.PDF

     KRS 242.250-Distributing, soliciting or receiving contracts or orders in dry territory prohibited.
                  For the full text of this statute, see http://www.lrc.ky.gov/KRS/242-00/250.PDF

     KRS 189A.010-Operating a Motor Vehicle while under the influence of alcohol or other substance which may impair driving ability is prohibited.
                  For the full text of this statute and applicable penalties, see:
                    http://www.lrc.ky.gov/KRS/189A-00/010.PDF

     KRS Chapter 218A–Definitions, prohibited acts and penalties relating to the possession, use, and trafficking concerning controlled substances and paraphernalia.

                  For an index and full text of these statutes, see http://www.lrc.ky.gov/KRS/218A00/CHAPTER.HTM

      KRS 222.990-Involuntary Treatment for Alcohol and other Drug Abuse.

       For the full text of this statute and applicable penalties, see http://www.lrc.ky.gov/KRS/222-00/990.PDF

Federal Laws and Penalties Regarding Drug Trafficking

Federal laws also apply to trafficking in controlled substances. An outline of the penalties for violations of these laws may be found at: https://www.dea.gov/sites/default/files/2021-12/Trafficking%20Penalties.pdf.

Distribution of Policy: Measuring Effectiveness

Annually, Berea College will inform employees of the dangers of drug and alcohol abuse, the existence of this Policy and its penalties for violations, and of available drug and alcohol counseling, rehabilitation and assistance programs through (i) annual electronic notices of this Policy, (ii) dissemination of this Policy and information about resources and assistance regarding drug and alcohol abuse at new-hire orientation. Biennially, the College will review this program to determine effectiveness and to ensure that the College’s disciplinary sanctions are consistently enforced.
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Selected Institution-Wide Policies: https://berea.smartcatalogiq.com/en/current/faculty-manual/selected-institution-wide-policies/drug-and-alcohol-abuse-prevention-program/.

Medical Amnesty Policy

Medical Amnesty Policy

The Medical Amnesty Policy promotes the well-being and safety of all Berea College students in

situations involving medical risks from alcohol or drug consumption. Students involved in an

alcohol or drug policy violation who seek medical attention or assistance would be provided

amnesty from College judicial action and would include:

1. The student(s) who requested medical attention for themselves or another party;

2. Student(s) for whom medical attention was sought; and

3. Other involved students who assisted in contacting and complying with emergency

services.

The Office of Student Life may take action for the student(s) granted amnesty in one or more of

the following ways:

• Referral to an Alcohol and Other Drugs Counselor for an alcohol or drug assessment.

• Referral to Student Health Services.

• Referral to educational opportunities to assist in avoiding future high-risk choices.

• Initiate a Behavioral Contract that outlines specific strategies and interventions the

student will engage in to prevent future high-risk choices.

• Parental, guardian, or emergency contact notification.

Amnesty is only extended in the first instance in which a student needs individual assistance. A

student involved in an incident will not be cited for any offense under the Alcohol or Drug

Policy in the Student Conduct Regulations/Student Handbook but may be required to complete

alcohol/drug education and may receive a substance abuse assessment.

Medical amnesty will not be granted to students who refuse to cooperate with medical providers,

law enforcement, or College personnel when medical assistance is sought.

In cases where a medical professional or counselor believes a student referred to them is a

significant risk to themselves or is currently unable to handle the responsibilities of collegiate

life, it may be recommended for the student to take a medical leave of absence or be referred to

an administrative panel.

This policy does not apply to other violations of College policies or criminal offenses committed

while under the influence of an intoxicating substance. Medical amnesty only applies to

violations of the Student Conduct Regulations: A Way of Living and the Berea College Student

Handbook. This policy does not limit the actions of any law enforcement agency.

Responsibilities to Community: A Statement of Ideals and Expectations

As an educational institution committed to engendering the highest human and spiritual values in a Christian context that welcomes students of all faiths and backgrounds, a basic expectation of acting in terms of the highest moral principles is explicit. All students, as members of this community, are expected to live conscious of the kind of community Berea College is and of each individual’s contribution to sustaining that community. Thus, each and every student is expected:

To practice and promote in others commitment to the common good of the Berea College community;
To practice and promote in others respect for the dignity of every person;
To practice and promote in others personal integrity and honesty;
To practice and promote in others mutual trust as a foundation of community life;
To practice and promote in others responsible choices bound by respect for others' rights;
To practice and promote responsible, respectful inquiry and expression of ideas, whether by individuals, groups, or Berea College.

The Berea College community, as a steward of the Christian principles that brought Berea College into being, recognizes its responsibility to provide guidance for students in important areas of interaction and conduct. Drawing upon this historical inheritance and the challenges it poses to us all, we expect of our students high standards of personal conduct: to exercise tolerance and conflict resolution over violence and intimidation, to choose honesty in and out of the classroom, and to respect human sexual integrity in a way that encourages mature and faithful relationships and resists casual intimacy without responsibility. We encourage respect for the law while supporting the principle of nonviolent civil disobedience for reasons of conscience.

All students are expected to pursue these ideals in their own lives and to promote them in the lives of others. Berea College commits itself to guiding students in pursuing these ideals.

Unacceptable Actions: Rules of Conduct and Sanctions for Unacceptable Behaviors

Some actions infringe upon others' rights or otherwise directly undermine the kind of community Berea College is; such actions are unacceptable to the community. Therefore, certain kinds of actions and activities are prohibited and punishable by the College. The rules of conduct listed below govern Berea College student conduct on campus, on College property, and while students are participating in any officially sanctioned or supported activity on behalf of the College.

Punishments are as specified in these rules of conduct and sanctions, except that any repeat offender of these rules may be punished more severely, up to and including expulsion from the College.

The following general prohibitions of this code are articulated and then illustrated following the phrase 'such as;' these listed illustrations, however, are not intended to be exhaustive.

COVID-19 Expectations and Consequences

COVID-19 EXPECTATIONS AND CONSEQUENCES:

Strictly follow all of the College’s policies, including but not limited to its Student Code of Conduct regulations and all extraordinary health and safety policies of the College during the COVID-19 public health emergency. Any violation of this agreement may be grounds for immediate suspension and withdrawal from campus.

Immediately report any flu-like illness or other symptoms of COVID-19 to the Area Coordinator for your residence facility. Any violation of this agreement may be grounds for immediate suspension and withdrawal from campus.

Cooperate fully with College staff and local public health officials in the event of an outbreak of COVID-19 on or near the College campus, including potentially being isolated, quarantined, or hospitalized as well as cooperation with contact tracing and other public health response measures. Any violation of these policies may be grounds for immediate suspension and withdrawal from campus.

Understand that all of the College’s policies, including social distancing, the wearing of masks, and other public health requirements, will be strictly enforced. Any violation of these policies may be grounds for immediate suspension and withdrawal from campus.

Will not leave the City of Berea without advance permission to do so from the Associate Dean of Student Life. Any violation of this agreement may be grounds for immediate suspension and withdrawal from campus.

Comply with the College’s Special Motor Vehicle Policy. Any violation of this policy may be grounds for immediate suspension and withdrawal from campus.

Waive the usual judicial procedures and rights of appeal under the College’s Student Code of Conduct regulations for any violation of extraordinary College policies pertaining to the COVID-19 public health emergency.

(A) Violence

The following actions are unacceptable and thereby Berea College prohibits students to engage in such conduct on campus, or on College property, or while participating in any officially sanctioned or supported activity on behalf of the College:

Violence of any kind perpetrated on another person, including rape, such as various sorts of physical assaults or interference with others' legitimate movements;
Possession or use of weapons, firearms, or explosives.*

These prohibited acts are punishable by suspension or expulsion; in cases involving weapons or other circumstances that constitute an emergency, special judicial procedures apply. Cases deemed by the President or designee to be of an emergency nature will be referred to the Student Life Council for immediate action. In an emergency situation, the Vice President for Student Life may take disciplinary action pending completion of judgment by the Student Life Council.

*Except under relevant provisions of Kentucky Revised Statute 527.020(8)

(B) Offenses Against Persons

Any acts or course of actions aimed at specific persons in order to disgrace, threaten, intimidate, restrain, or injure them, whether the harassment be physical, verbal, or visual, whatever the medium used (such as electronic, telephonic, mail, etc.), and whatever the reason for the harassment (such as race, religion sexual orientation). (See Harassment.)
Unwelcomed behaviors of a sexual nature and any acts or course of actions that constitute sexual harassment, including rape and sexual assault and inappropriate and unwelcome behavior of a sexual nature. (See Sexual Harassment.)

These prohibited acts are punishable by a range of sanctions, from suspension or expulsion, depending on the nature of the harassment. Special reporting, adjudicative, and disciplinary procedures may apply, as specified in the College’s policies on harassment and sexual harassment.

(C) Property

Thefts of any kind, such as embezzlement, fraud, exploitation, or physical takings; thefts by any means, such as use of technology, checks, or forgery; and thefts of any kind of property, including others' ideas, exams, papers, copyrighted computer material, etc.;
Vandalism, defacing, abusing, or damage to others' property, including College property, land, books, library holdings, computer materials, etc.;
Unauthorized entry or presence in buildings, rooms, areas on campus, computer files, electronic accounts or programs.

These prohibited acts are punishable by restitution, punitive monetary damages, probation, suspension, or, in extreme cases, expulsion from the College. In cases involving thefts of academic property (such as plagiarism, cheating, exams, or papers), special reporting and adjudicative procedures may apply. (See Hutchins Library Material Use and Campus Safety and Security, and Network Usage Guidelines.)

(D) Dishonesty

Academic dishonesty of any kind, such as plagiarism, cheating, misrepresentation of authorship by ownership of work, etc. (See Academic Honesty and the Network Usage Guidelines.);
Presentation of false information, misrepresentations, or altered documents (such as identification cards, records, papers), whether they be academic, labor, financial aid, housing, etc.; misrepresentations or false testimony in any judicial body, whether in writing or orally.

These prohibited acts are punishable by fine, probation, compulsory work to address community needs, suspension, or, in extreme cases, expulsion from the College. In cases of academic dishonesty, special reporting and adjudicative procedures may apply. (See Academic Honesty.)

(E) Offenses Against the Community

Intoxication, whatever the cause, such as intoxication by alcohol, hallucinogens, or any illegal, controlled substance;
Possession, use, consumption, sale, or distribution (including trafficking) of alcohol or of any illegal, controlled substance;*
Disturbing the peace, being a nuisance, disorderly conduct, creating a safety hazard, or inordinately disruptive activities, whether committed individually or in assembly with others;
Lewd, lascivious, indecent, or obscene activities when imposed on others or in plain view of others, or in places openly accessible by others.

These prohibited acts are punishable by fine, probation, compulsory work to address community needs, suspension, or, in extreme cases, expulsion from the College. Participation in treatment, counseling, or education programs may also be required. (See Sanction Levels for Drug and Alcohol Violations.)

*While Berea College does not condone nor sanction the use of alcohol while participating in College-sponsored or approved activities, the consumption of alcoholic beverages by students engaged in international cultural immersion or international travel experiences shall not constitute a violation of the Rules of Conduct provided such consumption is consistent with rules and regulations of the host institution and with the culture and laws of the host country.

(F) State and Federal laws

Actions prohibited under Kentucky and/or Federal law are prohibited under the Rules of Conduct for Berea College. The College, however, reserves the right not to adjudicate acts of nonviolent civil disobedience for reasons of conscience.

College response need not await, depend upon, nor be constrained by any State provision for punishment or judicial process unless otherwise indicated in the Community Judicial Code or Student Conduct Regulations. Any student convicted of a crime may be suspended or expelled by the College.

Approved by the General Faculty April 12, 2001

Sanction Levels for Drug and Alcohol Violation

Berea College is committed to taking specific action in cases involving drug or alcohol violations as outlined in the Berea College Community Judicial Code and Student Conduct Regulations. Judicial outcomes may include, but are not limited to, the following:

Sanctions

Standard Sanctions

Violation of any rules of conduct that may lead to social probation, suspension or expulsion, or other appropriate and authorized sanctions.

Social Probation – a period of time (which may be indefinite) during which a student is under warning that any other violation of College policy will result in more severe sanctions, which may include suspension or expulsion. While on Social Probation the student will be considered “not in good standing” and limited in participating in certain college programs. See Probation.

Suspension – a defined period of time during which a student is not permitted to be on campus or engaged in any of the programs, courses, organizations, events, or activities associated with being a student at .Berea College. During the period of suspension, a hold designating such will be placed on the student’s account prohibiting registration, enrollment, attendance, or ability to earn credit for any credit or non-credit courses offered by the College. Once the period of suspension has been completed, the student is eligible to reapply provided the student has completed any other requirements required prior to return. Readmission is not guaranteed. During the period of suspension, the student is also banned from Berea College property unless otherwise stated.

Expulsion –the permanent termination of a student’s status at the College. This prohibits engagement in any of the privileges, courses, organizations, events, or activities associated with being a student at Berea College. This does not prohibit the transferring of credits earned to another college or university, but the expulsion is designated permanently on the student’s academic transcript. Unless otherwise stated, the student is also indefinitely banned from Berea College property. This is the most egregious sanction that Berea College can impose upon a student.

Alcohol Violations

First Offense:

$25 Fine
Completion of alcohol program
Social Probation
Community Service Hours
Recommended Counseling
Parental Notification

Second Offense:

$50 Fine
Social Probation
Community Service Hours
Recommended Counseling
Parental Notification
Suspension

Third Offense:

Suspension

Drug Violations

First Offense:

$75 Fine
Completion of drug program
Social Probation
Community Service Hours
Recommended Counseling
Parental Notification
Suspension

Second Offense:

Suspension

Residence Hall Rules and Regulations

Residential Policy for Students

Berea College is a residential college with particular educational objectives which are, in part, realized through its residential life program. Accordingly, all full-time students are required to live in one of the College’s residential facilities unless they are age 23 or older, a 5th year senior (eight full terms attended at Berea College), married, or a parent. International students are required to live on campus regardless of age. This practice results from the fact that the College’s commitment to serving international students recognizes their important contribution to diversifying and enriching the educational experience for all.

Residence hall students wishing to live off-campus must contact the Office of Residence Life for further information on how to apply. Any student who moves off campus after the beginning of the term is not eligible to receive a room and/or board refund.

Any student who has a room in a residence hall, but is found to be living off-campus, i.e. not sleeping in his or her room, or using the room only as storage, may be required to move back on to campus and may face judicial action to set conditions for continued enrollment. A student who does not comply is subject to dismissal.

Early Returns to Residence Halls

Students who are requested to return to campus for labor or orientation prior to the official date of return must get permission from the Office of Residence Life before arrival so that room arrangements can be made. Others who return to Berea early must find accommodations off campus until the scheduled date for their arrival.

Residence Hall Cancellations

Continuing or returning students holding residence hall reservations who wish to cancel must do so at least 15 days before the opening of a term. Cancellations must be made in writing directly to the Office of Residence Life at housing@berea.edu.

Absence from Campus Notification

In addition to notifying supervisors and instructors, any time students will be off campus more than two consecutive weekdays (except during official school breaks)—out of the residence hall and/or the classroom—they must inform the Campus Life Department of their plans, in advance, giving the date of return. Off-campus students who will not be attending classes or labor assignment for more than two consecutive weekdays also must inform the Campus Life Department at 859-985-3290 or campuslife@berea.edu.

Residence Hall Safety and Security

Residence hall exterior doors are locked around the clock. Residents have key or card access and visitors must page residents via an outdoor telephone to gain entrance. Fines are levied for propping doors and for use of alarmed doors. While the College respects the personal privacy of students in its residence hall rooms, provisions are made for staff to enter rooms in the event of a clear and present danger and, under certain conditions, when a search for prohibited items has been authorized. Residence halls can be entered for routine maintenance or safety inspections. (Also see Campus Safety and Security Emergency Evacuation, and other policies outlined in this section and the Student Conduct Regulations and Community Judicial Code sections of this site for more detailed information.)

Charging for Residence Hall Damages

A successful residence hall community requires a shared sense of positive interdependence. Each resident must realize his or her responsibility to every other resident because individual choices in a residence-hall environment have the potential to impact the entire community. Likewise, each resident has an important role to play in establishing and maintaining the standards by which the community will live. Therefore, in instances where the standards are not met by a member or members of the community, it is the responsibility of any member of the community to report such behavior. Any community member who fails to take advantage of any reasonable opportunity to do so therefore assumes a portion of the responsibility, as well as consequences for such action.

Smoking Regulations

Smoking is prohibited in the residence halls. Designated smoking areas are conveniently located throughout campus in proximity to the residence halls. (See Smoking and Smoking-on-Campus Policy.)

Visitation Policy

Residence halls have the privilege of co-ed visitation under the conditions specified by the Visitation Policy approved by the General Faculty in May 2008. First-year residence halls have no room visitation in the Fall term. The office of Residential Life will make a reasonable effort to identify residential areas that will permit no visitation for those students who express such a preference during room choosing.

Additional rules applying specifically to residence halls are published in the Residential Living Guide and Campus Life Department website.

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Student Handbook