Student Guide - Rights as a Student
Your Rights as a Student
You have rights as a student that are protected by law. The following sections of the Student Guide summarize some of those rights which are guaranteed to you and all students.
- Rights of Access to Your Educational Records
- Statement for the Prevention of Drug & Alcohol Abuse
- Weapons, Fireworks, and Explosives
- Sexual Assault, Dating/Domestic Violence, Stalking and Harassment Policy
- Campus Crime Statistics
- Campus Sex Offenders Notification Policy
The Buckley Amendment to the Family Educational Rights and Privacy Act of 1974 extends to all former and presently enrolled students at JBU the right of access to certain educational records maintained by this institution. Student rights include:
- Inspection and review.
- Explanation or interpretation of contents.
- Duplication of the record at a standard fee of 10 cents per page.
- A formal hearing, if necessary, to challenge the contents of any such record.
"Educational records" include those records, files, documents and other materials which contain information directly related to a student and are maintained by this institution or by a person acting for this institution. Not included in this term are:
- Records in the sole possession of the maker thereof, which are not accessible or revealed to any other person.
- Records maintained by a professional or paraprofessional in medical or psychological treatment of the student and which are not available to anyone other than the persons providing such treatment.
- Records of employees of this institution who are not presently in attendance and which pertain solely to their employment.
- Confidential letters and statements of recommendation placed in the student's file prior to January 1, 1975.
- If the student first signs a waiver the student will not have the access to confidential recommendations subsequently compiled respecting:
- Admission to JBU.
- Application for employment.
- Receipt of honorary recognition.
6. Financial records of parents of students.
Requests for access to educational records should be submitted in writing directly to the school official responsible for custody of the records. A standard form, "Student Request to Review Record," is available at the registrar's office. Consistent with time and record security limitations, access must be granted or permission denied and a reason stated within 45 days of the request to review the record. Access will be denied only for reasons specifically authorized by the act and applicable regulations.
An informal record review and resolution of conflict is urged. If this process does not prove satisfactory, the student may petition the Student Rights Committee for a formal hearing. Petitions for a hearing should be submitted through the Registrar.
The Student Rights Committee has been appointed specifically to deal with student petitions under applicable federal laws and regulations, such as the Buckley Amendment. The student has the right to challenge the content of the record only on the ground that it is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student. No challenges will be heard regarding the merit upon which individual grades have been based. The record may be amended, based upon the Committee's findings, or the student may insert in the record a statement commenting upon or rebutting the document.
All determinations of the Student Rights Committee are subject to a final review by the President, if requested by the student in writing, within two weeks of the Committee's decision.
JBU's Response to the Requirements of the Family Educational Rights and Privacy Act:
A copy of the institutional policy adopted in response to the requirements of the Family Education Rights and Privacy Act may be obtained from the registrar's office. Any student having pursued the administrative remedy may submit a further appeal in writing to: The Family Educational Rights and Privacy Act Office (FERPA), Department of Health, Education, and Welfare, 330 Independence Avenue, SW, Washington, DC 20201.
Release of Personal Data
At its discretion, John Brown University may provide Directory Information in accordance with the provisions of the Family Education Rights and Privacy Act (FERPA). Directory Information is defined as the information which would not generally be considered harmful or an invasion of privacy if disclosed. Directory Information at John Brown University includes the following:
- Date and place of birth
- Major field of study and year in school
- Participation in officially recognized sports and activities
- Weight and height of members of athletic teams
- Dates of attendance
- Degrees and awards received
- The most recent previous educational agency or institution attended
- Parents' name and addresses
- Marital status (name of spouse)
- Religious preference
Students may request that Directory Information be withheld (non-disclosure) by submitting a Request to Withhold Directory Information. The Request to Withhold Directory Information form may be requested from the JBU Registrar's Office by calling 479-524-7158.
The behavioral expectations of JBU for every member of its community include prohibiting the possession, use or distribution of illicit drugs and alcohol on its property or as part of its activities.
Every employee of JBU with a drug and/or alcohol concern is provided one session with the university counselor for the purpose of assessment and referral to an appropriate therapist and/or agency in the area. Students may have as many sessions with the university counselor as the counselor deems necessary. Assessment and/or referral may be part of the process.
Behavioral Review and Actions
Students at JBU who are involved with alcohol and/or drug abuse are subject to review by the campus judicial system. The judicial process facilitates awareness, understanding and restitution while encouraging desirable behavior and inhibiting undesirable behavior. The specific sanctions of the judicial process are as follows: admonition, formal warning, developmental contract, disciplinary probating, restitution, fines, denial of privilege, suspension and dismissal.
Employees involved with alcohol and/or drug abuse are subject to review by the appropriate administrators. An employee who violates the code of conduct (which includes drug and alcohol abuse) is subject to discharge.
Students and/or employees who sell illicit drugs will have their relationship with the college terminated along with being referred to local authorities for prosecution.
Effects of Alcohol
Even the moderate use of alcohol can produce consequences such as impaired physical activity, slowed mental alertness, and dulling of conscience. Heavy drinking decreases control and judgment. Heavy drinking over long periods of time reduces both the quality and length of life. Lowered resistance to disease and irreversible damage to organs such as the brain, heart, liver, kidneys and stomach can occur. Beyond the physical problems lies social destruction, including dysfunctional family living.
Effects of Other Drugs
The following negative effects from the use of illicit drugs are cited to describe the danger involved in drug abuse:
- Cocaine - dependency, increased blood pressure, seizures, cardio respiratory collapse, severe mental disorders
- Amphetamines - temporary psychosis, dependency, heart disorders
- Marijuana - dependency, loss of coordination, brain lesions, lung tissue damage
- Barbiturates - addiction, apathy, loss of self-control, convulsions, coma
- LSD - hallucinations, recurring affects (flashbacks), brain damage, chromosomal breakdown
- Heroin - lethargy, convulsions, coma, liver problems, mental deterioration
State and Federal Penalties for Illicit Drugs and Alcohol
Illicit Alcohol. Students under the age of 21 who purchase or knowingly possess any alcoholic beverage are in violation of Arkansas State Law. In addition, any person who furnishes an alcoholic beverage to a person who is under 21 years of age violates state law.
Under the Arkansas criminal code, a person can serve up to 30 days in jail and pay a $100 fine for the crime of public intoxication. For furnishing an alcoholic beverage to a minor, the penalty can be as high as $500 and a one-year jail term (which can be increased to five years in the state penitentiary upon a second conviction). Various other offenses, such as minor-in-possession, furnishing alcohol to alcoholics or intoxicated persons, and possession or sale of untaxed liquor can carry fines up to $500 or six months in jail, or both.
Under the federal law of the United States, whoever transports alcohol into any district in which the sale of alcohol is prohibited "shall be fined not more than $1,000 or imprisoned not more than one year, or both."
Illicit Drugs. Under Arkansas law the fine for manufacturing or delivering (or possessing with the intent to manufacture or deliver) a controlled substance ranges from $10,000 to $250,000, depending on the classification of the substance. Prison terms for this crime range from 15 to 40 years, or life. Furthermore, these penalties may be doubled if the crime involves distribution of a narcotic drug to a minor.
Simple possession of a controlled substance — in a relatively small quantity — carries penalties ranging from a $1,000 fine/one year in prison for a first offense to $10,000/ 10 years for a third offense or possession of a Schedule I or Schedule II substance (such as cocaine).
The criminal sanctions under federal law for manufacturing or distributing (or possessing with the intent to manufacture or distribute) a controlled substance are similar to those under state law: three to 30 year prison sentences and fines from $10,000 to $250,000. Likewise, simple possession of a controlled substance carries a $5,000 fine, a one year term of imprisonment, or both, for a first offense. These penalties are doubled for subsequent offenses.
Review of Drug and Alcohol Abuse Statement
This statement is subject to biennial review by John Brown University in order to implement necessary changes and ensure consistent application.
Requirement to Report Violation
It is a requirement of the Drug-Free Workplace Act of 1988 that workplace drug convictions of employees be reported by the employee to his/her employer within five days of conviction. A condition of employment at JBU is that this requirement be adhered to.
Requirement to Support Drug-Free Policy
It is also a condition of employment that employees understand and support the Statement for the Prevention of Drug and Alcohol Abuse at John Brown University.
Arkansas State law prohibits the possession of guns on any campus or site. This includes all firearms, BB guns, pellet guns, paint pellet guns, Airsoft guns and all other devices which expel a projectile through a barrel by using energy generated by an explosion, burning substance, carbon dioxide cartridge, compresses air, etc. In addition, ammunition, martial arts gear, machetes, knives, bows and arrows, slingshots, and similar items that could harm others must be kept off campus and university property.
Students are not to carry weapons, fireworks or explosives in their vehicle or onto the premises or buildings affiliated with John Brown University.
Questions about state laws that apply to firearms should be directed to the Director of Campus Safety, Scott Wanzer at (479) 524-7403.
If you see suspicious activity on the main campus the emergency number is (479) 215-5000; on any of the sites and using a JBU phone dial 9-911.
The university is committed to the preservation of human dignity and the protection of students, and is particularly concerned about the possibility of student harassment, whether sexual, racial, ethnic or any other type. Harassment in any form — verbal, physical, or visual — is strictly against university policy and will result in immediate disciplinary action. Harassment of any type is strictly prohibited. It is a violation of state and local law and University regulations to commit a sexual assault (including rape).
Harassment is difficult to completely define but certainly includes slurs, threats, derogatory comments, unwelcome jokes, teasing or sexual advances and other similar verbal or physical conduct. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward a person because of his/her race, color, sex, national origin, age, disability, marital status, citizenship or any other characteristic protected by law or that of his/her relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s performance; or (iii) otherwise adversely affects an individual’s opportunities. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group and that is placed on walls or elsewhere on the campus or at outlying centers, or circulated in the workplace. Harassment on the basis of any other protected characteristic is also strictly prohibited.
Sexual harassment is unwelcome conduct of a sexual nature and may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature.
Sexual assault is attempted or unwanted sexual activity. Rape is defined as sexual penetration without mutual consent.
Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type and frequency of interaction.
Stalking means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.
Exploitation occurs when an individual takes sexual advantage of another person for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.
Consent. Conduct of a sexual nature is unwelcome or nonconsensual if it is offensive or not requested or invited. Silence, acquiescence or failure to complain prior to or during the conduct does not imply that the conduct is welcome or consensual. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Consensual romantic relationships in which one party maintains a direct supervisory or evaluative role over the other party poses a conflict of interest and may be less consensual than perceived by the individual whose position confers power. As such, persons with direct supervisory or evaluative responsibilities must bring those relationships to the timely attention of their supervisor.
Notice Of Nondiscrimination Or Nonretaliation. These policies should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in academic and social activities or discussions. In other words, no one should make the mistake of engaging in exclusion in order to avoid allegations of harassment. The law and the policies of John Brown University prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of attendance. The prohibitions against harassment and retaliation are intended to complement and further those policies, not to form the basis of an exception to them. The prohibited sex discrimination covers sexual harassment, including sexual violence [domestic violence, dating violence, sexual assault, etc]. Inquiries concerning the application of nondiscrimination,violence against women act and the campus crime act may be referred to the Title IX Compliance Officer, currently Vice President for Finance, Kimberly Hadley, at email@example.com.
If a sex offense, domestic violence, dating violence, sexual assault or stalking has occurred there are several options available:
- Contact Northwest Arkansas Rape Crisis Center (NWARCC) www.nwarapecrisis.org, 24/7 Hotline:1-800-794-4175. This is an advocacy agency that offers free services (including a free medical exam) at all hours. This option is highly suggested.
- Contact Campus Safety to make a report if the assault happened on JBU property. (This can be done anonymously.) www.jbu.edu/life/safety/
- Contact police (from the area where the assault happened) to make a report if the assault occurred off-campus.
- Go to a primary care physician. If the assault happened in the past, this might be an option to follow up with the student’s primary care physician. If the assault happened in the last 72 hours (or at any time), it is preferable to refer the student to NWARCC.
- Make a decision to do one or more of the above at a later date or take no action. In whatever option the individual chooses, it is vital to note the importance of preserving evidence as it may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, stalking or exploitation in obtaining a protection order from law enforcement.
John Brown University strongly encourages reporting of all perceived incidents of harassment or retaliation, regardless of the offender’s identity or position. Individuals who believe that they have been the victim of such conduct are strongly encouraged to discuss their concerns with their Resident Director, the Dean of Students, the Vice President for Student Development, or the University’s Title IX compliance officer (currently, the Vice President of Finance and Administration, Kimberly Hadley) at firstname.lastname@example.org. John Brown University encourages the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. While no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Any reported allegations of harassment, discrimination or retaliation will be investigated in a prompt, fair and impartial manner. The victim has the right to file a criminal complaint. There are several options regarding how to file a complaint with law enforcement and campus authority:
- The victim may themselves notify proper law enforcement, including Campus Safety or local police
- The victim may be assisted by Campus Safety in notifying law enforcement. The victim may decline to notify such authorities.
The institution will not only take steps to prevent retaliation but will also take strong responsive action if it occurs. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately and will be promptly investigated and addressed. Misconduct constituting harassment, discrimination or retaliation will be addressed. When needed, the institution will assist the victim in attaining protective measures, no-contact orders, restraining orders or similar lawful orders.
The victim may request and have the option to protective measures such as changes in academic, living, transportation and working situations, if such accommodations are reasonably available regardless of whether the incident is reported to campus safety or local law enforcement. These may include, but are not limited to, providing an escort between classes, moving residence halls, providing academic services and changing work positions or time schedules.
Campus And Community Services
Victims may contact any of the following resources for confidential information concerning counseling, mental health or medical services:
- Campus Safety Department: 479-524-7403
- University Health Center: 479-524-7320
- Student Counseling Office: 479-524-7251
- The Office of Christian Formation: 479-524-7213
- Any University Resident Hall Director
- NWA Rape Crisis 24 Hour Hotline: 800-794-4175 or 479-927-1020
The institution will work diligently to investigate all reports of harassment, sexual harassment, sexual assault, dating violence, domestic violence, stalking and exploitation. The institution shall provide a prompt, fair and impartial investigation in a manner that protects the safety of the complainant and promotes accountability. The investigation will be conducted by officials that have received training on issues related to harassment, sexual harassment, sexual assault, dating violence, domestic violence, stalking and exploitation and how to conduct an investigation and hearing process. The institution will use a preponderance of the evidence standard, simply, that it is more likely than not that sexual misconduct or violence occurred. All parties will have equal opportunity to present relevant witnesses and evidence. The complainant and the accused are entitled to the same opportunities to have others present during institutional proceedings, including the opportunity to be accompanied to any related meeting or proceeding by an adviser of their choice.The institution will begin investigating all reports immediately. A full investigation of the complaint, pending consent from the complainant [see “Confidentiality” section for more information] will begin within seven calendar days. A typical investigation can take up to 60 calendar days After this time, both parties will receive a response regarding the outcome of the complaint. If either party wishes to file an appeal, this needs to be received within seven calendar days of receiving notice of the official outcome. Written notification of the outcome of proceedings will be sent to both parties at the same time. At that time, the procedures for the accused and the victim to appeal the results will also be provided. The institution will take steps to prevent recurrence of any harassment and correct its discriminatory effects on the complainant. Responsive action to the incident of harassment, sexual harassment, sexual assault, dating violence, domestic violence, stalking or exploitation may include, but is not limited to, training, referral to counseling and/or disciplinary action such as warning, reprimand, housing reassignment, temporary suspension, dismissal or employment termination, as JBU believes appropriate under the circumstances. Additional policies and procedures as relevant may apply. See the Employee Handbook and the Student Handbook.
The institution will inform and obtain consent from the complainant before beginning an investigation. If the complainant requests confidentiality or asks that the investigation not be perused, the institution will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality. If the complainant asks for his or her name to not be disclosed, the institution’s ability to respond will be limited, but will include steps to limit the effects of the alleged harassment and prevent its recurrence. Publicly-available record keeping will be accomplished without the inclusion of identifying information about the complainant, to the extent permissible by law.
The institution will take proactive measures to prevent and create awareness of harassment, sexual harassment and violence. This will include educational programs to promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, stalking and exploitation. The institution will provide these programs for incoming students and new employees that will include what constitutes harassment, sexual harassment and violence; the school’s policies, filing a complaint, and disciplinary procedures; and the consequences of violating these procedures. These programs will also include safe and positive options for bystander intervention that an individual may take to “prevent harm or intervene” in risky situations; recognition of warning signs of abusive behavior and how to avoid potential attacks; and information on what to do if a student has been a victim of sexual harassment or violence, including the contact information for counseling. The institution will also provide ongoing prevention campaigns for students and employees on the above.
John Brown University encourages reporting of all perceived incidents of harassment, sexual harassment, sexual assault, dating violence, domestic violence, stalking and exploitation. If any person witnesses an incident occur, he or she is encouraged to report it to Campus Safety, a Resident Director, the Dean of Students, the Vice President for Student Development, or the University’s Title IX compliance officer. Any person who reports a situation shall be provided a written explanation of the Complainants’ rights and options.
Statistics for crimes committed on JBU's campus, non-campus buildings and public properties adjacent to campus are provided in compliance with the Crime Awareness and Campus Security Act of 1990 (Public Law 101-542). For a link to these statistics, click here: Campus Crime Statistics
For questions, contact the Campus Safety office at (479) 524-7403.
The Campus Safety Department maintains information on registered sex offenders for John Brown University. The office will be responsible for making notification regarding registered sex offenders associated with the University consistent with the state guidelines pursuant to Arkansas Code Annotated 12-12-901 and 12-12-1301-1303.
A written summary of campus guidelines and the notification plan for each offender will be maintained by the Campus Safety Department. Notifications will be made in conjunction and in cooperation with the Siloam Springs Police Department and in consultation with the President's Cabinet.