Facilities and Safety

Protection of Minors and Reporting of Child Abuse and Neglect Policy

Title: Protection of Minors and Reporting of Child Abuse and Neglect
Policy Owner: Office of Audit, Compliance & Ethics
Applies to: All personnel associated with the University including faculty, staff, volunteers, graduate and undergraduate students, interns, residents and fellows.
Campus Applicability: All University campuses including Storrs, regional campuses, the Law School and UConn Health (University)
Effective Date: April 1, 2016
For More Information, Contact Minor Protection Coordinator/Office of Audit, Compliance & Ethics
Contact Information: (860) 486-5682
Official Website: http://minorprotection.uconn.edu

1.  Reason for Policy

The University of Connecticut is committed to promoting a high quality, secure and safe environment for minors who are active in the University community. This policy and the accompanying procedures establish consistent standards intended to support the University in meeting its commitments to promote the protection of minors who participate in activities sponsored by the University and to inform all members of the University community of their obligation to report any instances of known or suspected child abuse or neglect.

2.  Applies to

This policy applies to all University employees, including faculty, staff, volunteers, graduate and undergraduate students, interns, residents and fellows. Except as provided below, it also applies to any activity that takes place on University property or is sponsored by the University and is open to the participation of minors.

This policy does not apply to: (1) events open to the public where parents/guardians or adult chaperones are invited / expected to accompany and supervise their children; (2) undergraduate and graduate programs in which minors are enrolled for academic credit or have been accepted for enrollment; (3) students who are dually enrolled in University credit-bearing courses while also enrolled in elementary, middle, and/or high school, UNLESS such enrollment includes overnight housing in University facilities; (4) minors employed by the University; (5) field trips or visits solely supervised by a minor’s school or organization; (6) patient-care related activities relating to minors; (7) non-university programs undertaking activities in or on University land or facilities under the sole supervision of said program; (8) university programs which take place outside of the University under the supervision of a separate organization; (9) licensed child care facilities; and (10) other activities granted advance and written exemption from part or all of the policy.

3.  Definitions[1]

A. Authorized Adult: A University employee, student, or volunteer (paid or unpaid) who has (1) successfully passed a Background Screening within the last four years, (2) completed the University minor’s protection training within the last year, and (3) has been registered with the University’s Minor Protection Coordinator.

B. University Sponsored Activities Involving Minors: A program or activity open to the participation of minors that is sponsored, operated, or supported by the University and where minors, who are not enrolled or accepted for enrollment in credit-granting courses at the University or who are not an employee of the University, are under the supervision of the University or its representatives.

C. Background Screening: A criminal history search that is consistent with University Criminal Background Check Policies, which has been successfully completed within the past four years. Such investigation may include the following searches by a nationally recognized background check vendor:

i.    Social Security Number verification/past address trace;

ii.   federal criminal history record search for felony and misdemeanor convictions covering, at minimum, the last seven years in all states lived in;

iii.   a statewide or county level criminal history record search for felony and misdemeanor convictions covering, at minimum, the last seven years in all states lived in; an;

iv.   sex offender registry searches at the county level in every jurisdiction where the candidate currently resides or has resided.

D. Child Abuse: A non-accidental physical injury to a minor, or an injury that is inconsistent with the history given of it, or a condition resulting in maltreatment, such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment.

E. Child Neglect: The abandonment or denial of proper care and attention (physically, emotionally, or morally) of a minor, or the permitting of a minor to live under conditions, circumstances, or associations injurious to the minor’s well-being. (Connecticut General Statutes § 46b-120(6))

F. Minor: Any individual under the age of 18, who has not been legally emancipated.

G. Mandated Reporter: An individual designated under Section 17a-101(b) of the Connecticut General Statutes as someone who is required to report or cause a report to be made of Child Abuse or Child Neglect. All employees of the University, except student employees, are Mandated Reporters under state law.

H. Minor Protection Coordinator: An individual designated by the University to develop procedures to implement this policy and best practices for the protection of minors involved in University Sponsored activities involving minors , and to provide coordination, training, and monitoring in order to promote the effective implementation of this policy.

[1] Several of these definitions are adapted in whole or in part from the Connecticut general Statutes. For additional guidance from the Connecticut Department of Children and Family Services about the definitions of child abuse and neglect, see http://www.ct.gov/dcf/cwp/view.asp?a=2534&Q=316956. (Las accessed 2/11/2016).

4.  Reporting Child Abuse or Neglect

Pursuant to state law, all University employees (except student employees) are Mandated Reporters of Child Abuse and/or Child Neglect and must comply with the reporting requirements in Connecticut’s mandated reporting laws. (Connecticut General Statutes Sections 17a-101a to 17a-101d)

Connecticut state law, requires that reports of known or suspected child abuse or neglect be made orally, as soon as possible, but no later than 12 hours to law enforcement or the Department of Children and Families (DCF), and followed up in writing within 48 hours.

DCF’s 24-hour hotline for reporting suspected Child Abuse or Child Neglect is (800) 842-2288, and additional guidance on these reporting requirements may be found here: http://www.ct.gov/dcf/cwp/view.asp?a=2556&Q=314384. (Last accessed 2/11/2016.)

University employees are protected under state law for the good faith reporting of suspected Child Abuse or Child Neglect, even if a later investigation fails to substantiate the allegations.

In addition to this statutory reporting requirement, University employees must also comply with any other University policies that impose additional reporting obligations, such as the Policy Against Discrimination, Harassment, and Related Interpersonal Violence.

5.  Requirements for University Sponsored Activities Involving Minors

To better protect minors participating in activities sponsored by the University, all Programs must meet the following requirements, in addition to any applicable federal, state, or local law, and University policies. Please Note: A more comprehensive description of the following requirements are detailed in the accompanying procedures.

A.   University Sponsored activities involving minors must register with the University’s Minor Protection Coordinator with sufficient advance notice to confirm the requirements of this policy have been met.

B.   No individual, paid or unpaid, shall be allowed to supervise, chaperone, or otherwise oversee any Minor who participates in University Sponsored activities involving minors unless he or she is an Authorized Adult.

C. All University Sponsored activities involving minors must implement standards to safeguard the welfare of participating minors, and must also comply with University standards included in the accompanying procedures.

D. All University Sponsored activities involving minors are subject to periodic audits to verify compliance with this policy and the accompanying procedures.

E. Any exceptions must be requested with sufficient notice and approved in writing by the Minor Protection Coordinator in consultation with Minor Protection Oversight Committee prior to the start of program operations.

6.  Enforcement

Violations of this policy may result in appropriate disciplinary measures in accordance with University By-Laws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements, and applicable Student Code.

Policy History

Policy Created: April 1, 2016 [Approved by the President’s Cabinet]

Procedures

Procedures for the Protection of Minors and Reporting of Child Abuse and Neglect can be found at: http://minorprotection.uconn.edu/wp-content/uploads/sites/1652/2016/03/Procedures-for-the-Protection-of-Minors-and-Reporting-of-Child-Abuse-and-Neglect.pdf. 

Contractor Parking Policy

Title: Contractor Parking Policy
Policy Owner: Planning Architectural & Engineering Services and Parking Services
Applies to: Contractors, Construction Managers and Workers
Campus Applicability: Storrs and Depot Campuses
Effective Date: January 2016
For More Information, Contact Parking Services
Contact Information: (860) 486-4930
Official Website: park.uconn.edu

Reason for Policy

Parking capacity on UConn’s Storrs campus is very limited and highly demanded.  Parking privileges on the Storrs campus must therefore be judiciously allocated among institutional stakeholders and contractors to maximize the benefits to each.

Applies to

This policy applies to all general and trade contractors, construction managers, trucking and delivery drivers and workers while conducting University-contracted business at the Storrs and Depot Campuses.

DEFINITIONS OF VEHICLE TYPES

Personal Vehicle

A personal (or worker) vehicle is one that is owned by an individual and primarily used to transport an individual or a group of individuals to and from a worksite or place of employment.

Contractor Vehicle

A contractor vehicle is one that is owned by a business and is primarily used for business.  Examples of contractor vehicles include pick-up trucks, work vans or company cars upon which the business identification is permanently displayed.

Construction Equipment

Construction equipment is a vehicle that is owned, leased or rented by a University-contracted business primarily for use on a construction site to perform specific construction work or specific construction activity.  Examples of construction equipment include cranes, mobile cranes, backhoes, front-loaders and rollers.

Construction Delivery Vehicles

A delivery vehicle is one that is primarily used to transport materials or personnel to or from a worksite. Examples of delivery vehicles include dump trucks, tractor trailers, flatbed trailers and shuttles.

GENERAL PARKING POLICIES

All contractor or personal vehicles that are parked at the University of Connecticut’s Storrs campus, Mansfield Depot campus, Bergin Property or any other University property are required to obtain and conspicuously display a University parking permit.  Parking permits and their associated parking privileges are specifically issued either to an individual worker or a contractor.  Although those parking privileges are for the assigned holder, the physical permits may be moved between vehicles and may be used either by the assigned permit holder or a designee.  Any vehicle that does not display a valid parking permit will be subject to ticketing and/or towing at the vehicle owner’s expense.  Egregious or repeated parking policy violations can also lead to the suspension, withdrawal or withholding of parking permits and privileges at the University’s sole discretion.  Parking by contractors or workers at the North Garage or South Garage, or overnight parking of personal or contractor vehicles on University property is prohibited, unless previously approved by the University Representative in conjunction with Parking Services.

Location of Parking for Workers

During the University’s academic year, from mid-August to mid-May, workers can request and receive parking permits for personal vehicles in designated parking areas on the Mansfield Depot campus and the Bergin Property.  These two locations are located on State Route 44 and are approximately two miles from the main Storrs campus.  Parking permits that authorize parking on the Mansfield Depot campus and Bergin Property will be issued to contractors and workers at no-charge and may be used in personal or contractor vehicles.  Parking permits are issued on a space-available and first-come, first-served basis.  There is no personal vehicle parking on the main Storrs campus for workers during the University’s academic year, except as specified herein.

During the University’s summer term (mid-May to mid-August), workers can request and receive no-charge parking permits for personal vehicles at designated parking lots at the perimeter of the main Storrs campus on a space available basis.  University Parking Services will assign separate and distinct contractor parking permits based on availability at locations in closer proximity to worksites, most typically on student parking lots such as Lots C, W and X.

Permitting Process

All parking permits can be obtained at the University’s Parking Services office located at 3 Discovery Drive in Storrs, CT.  The Parking Services office is open on all non-holiday business days, typically from 8am to 4:30pm.  Parking Services can be reached by telephone at (860) 486-4930 and by email sent to parkingservices@uconn.edu.

In order to obtain a parking permit, the University requires a valid driver’s license, current vehicle registration and proof of automobile insurance.  Parking permits are issued for a fixed term and any associated fees must be paid at the time of permit issuance.  Parking permits provided free of charge or purchased are typically issued for periods of one or more months, one or two semesters, or for one year (12 months).  Each calendar year is divided into three semesters: Spring semester (January – May), Fall semester (August-December), and Summer semester (June – August).  An expiration date for all University parking permits are established at the time of their issuance.  Permit holders are responsible for obtaining new parking permits prior to their expiry date when the extension of their privileges is needed.

An administrative Lost Permit fee of $20 must be paid before a replacement will be issued.  The fee will be incurred whenever a lost permit is replaced and irrespective of its original purchase price.  The lost permit will be expired before its replacement is issued and cannot be reused if it is subsequently found.  If a permit that is reported as lost is found to be in use, it will be considered stolen and the University will act accordingly.

Transportation

It is the workers and/or the Contractor’s responsibility to arrange for transportation between the parking areas and the worksites when needed.  Use of the University shuttle bus system by workers for daily transportation is prohibited.

The Contractor may provide shuttle services for workers if it deems it necessary or desirable.  Shuttles shall not be parked on University property overnight unless there is prior approval from the University Representative in conjunction with Parking Services and the daytime shuttle bus parking location, whether operating or unattended, must have prior approval from the University Representative in conjunction with Parking Services.

Perimeter Lot Parking During the Academic Year

Contractors may request parking for personal or contractor vehicles in closer proximity to the worksite on a perimeter student parking lot during the academic year for the fee of $50.00 per month, payable in advance of the permit issuance.  These types of permits may be purchased for up to a six month period.  Perimeter lot parking permits are subject to availability and provide parking only on the specified lot.  These exceptional requests will be reviewed on a case-by-case basis and decisions will be predicated on factors related both to the project and the efficient operation of the University’s parking system.

Day Permits

Construction workers or contractors who are only on worksites infrequently may request day parking permit for their personal or contractor vehicles.  Infrequent is defined as coming to campus no more than once a week.  The cost of a day parking permit is $12.00 per day, payable in advance of the permit issuance.  Day parking permits authorize parking in a specific parking lot and will be issued on a space-available basis.   Day parking permits generally authorize parking in close proximity to the worksite when possible and their privileges may include specific University employee and/or student parking locations.  At the University’s discretion, day permit issuance may be suspended to any Contractor should the Worker or Company request a day permit more frequently than what is permitted.

Limits of Liability 

Workers and Contractors with parking permits should recognize that the lighting in parking lots varies greatly between locations, and that the permit holder accepts the conditions of the lots in “as is” condition.  The University provides no security in the parking lots and makes no representations regarding the security of the premises.  All Workers and Contractors park and use the lots at their own risk and the University is not responsible for any damages or theft that occur to vehicles or persons while utilizing the parking permits or lots.    The Contractor and/or Worker shall be responsible for any damage or harm it causes to others or to the property of others and for any damage it causes to University property (excepting normal wear and tear from use of the parking lots.

SITE-SPECIFIC PARKING POLICIES

Parking of Vehicles inside the Perimeter of a Worksite

The University understands that a certain number of vehicles are required on worksites in order to conduct the work.  However, the University does not support and will actively work to prevent oversizing the perimeter of a worksite in order to accommodate daily worker parking inside the worksite.  This is particularly true when a project’s site logistics plans specify the use or loss of University parking capacity.  The parking of personal vehicles on a worksite is highly discouraged, and only contractor vehicles, construction equipment and delivery vehicles should be on the worksite.

Construction equipment parked on the worksite does not require a parking permit.  If not in use, the long-term storage of construction equipment on worksites or University property without specific written permission by the University representative and Parking Services is prohibited.  Construction equipment is expected to remain on the designated worksite within the perimeter of the worksite.

Contractor vehicles making occasional or periodic material deliveries or being used in conjunction with specific work on the worksite do not require a parking permit when they are idle within the perimeter of a worksite.  Parking permits must be displayed in delivery vehicles used to transport materials to a worksite if they require parking outside the perimeter of the worksite after unloading.

Parking of Vehicles at Construction Field Offices

For each worksite, the primary general contractor or construction manager may request up to three (3) worksite parking permits for contractor vehicles to park at construction trailers.  There is no cost for these three (3) worksite parking permits and these permits allow the parking of contractor vehicles for administration of the project.  The three worksite parking permits are intended to satisfy the needs of the contractors and subcontractors combined on most projects.

For large projects, the general contractor or construction manager may need additional worksite parking permits for contractor vehicles associated with the administration of a project.  These additional contractor vehicles are intended to be situated adjacent to a project field office.  Requests for additional permits will be reviewed on a case-by-case basis by the University Representative in conjunction with Parking Services.  Additional contractor parking permits will be issued at the sole discretion of the University.  If any additional worksite parking permits (beyond the above-mentioned three no-charge contractor permits) are approved for parking contractor vehicles adjacent to field offices (or elsewhere as authorized by the University Representative and Parking Services), each permit will cost $50.00/month, payable in advance of their issuance. When bidding work, Contractor shall not assume such increase in allowable worksite parking permits will be granted.

Worksite Logistics Considerations

When reviewing the site logistics for a project, and determining the perimeter of a worksite, non-construction equipment parking capacity should be excluded or minimized to the extent possible.  The use of parking capacity for the long-term storage of material is strongly discouraged.  If any existing parking areas are to be utilized during construction, the contractor shall take photographs of the area prior to utilization and restore the areas to “like new” condition, including the parking surfaces, curbs, sidewalks, lawn, soil de-compaction, plantings and any other surrounding area or items that are damaged during use.

As a limited resource, the loss of parking can be disruptive on the University’s operations, and the effects on parking from construction activities must be planned for and mitigated.  Parking Services and the Transportation Planner must have the opportunity to review the site logistics plan prior to their finalization whenever the University’s parking access or capacity will be affected by a project.

The parking of personal vehicles at construction trailers without a worksite parking permit is prohibited.  The general contractor or construction manager may utilize its worksite parking permits for parking at worksite trailers if approved in advance as part of its site logistics plans.

Policy History

Effective January 2016 (approved by President’s Cabinet)

Policy Against Discrimination, Harassment, and Related Interpersonal Violence

Including Sexual and Gender-Based Harassment, Sexual Assault, Sexual Exploitation, Intimate Partner Violence, Stalking, Complicity, Retaliation and Inappropriate Amorous Relationships

 

Title: Policy Against Discrimination, Harassment, and Related Interpersonal Violence
Policy Owner: The Office of Institutional Equity
Applies to: Students, All Employees, Contractors, Vendors, Visitors, Guests and Other Third Parties
Campus Applicability: All
Effective Date: January 1, 2016
For More Information, Contact Office of Institutional Equity
Contact Information: (860) 486-2943 & (860) 679-3563
Official Website: http://www.equity.uconn.edu and http://titleix.uconn.edu/
A PDF, Printer Friendly copy of this policy is available at: http://policy.uconn.edu/wp-content/uploads/sites/243/2016/07/2016-07-1-DiscHarassment.pdf
Related Documents:

CONTENTS

I.     STATEMENT OF POLICY

II.   TO WHOM THIS POLICY APPLIES

III. APPLICABLE PROCEDURES UNDER THIS POLICY

  1. WHERE THE RESPONDENT IS A STUDENT
  2. WHERE THE RESPONDENT IS AN EMPLOYEE
  3. WHERE THE RESPONDENT IS BOTH A STUDENT AND AN EMPLOYEE
  4. WHERE THE RESPONDENT IS A THIRD PARTY
  5. WHERE THE RESPONDENT IS A UCH STUDENT, EMPLOYEE OR THIRD PARTY

IV. TITLE IX COORDINATOR

V. UNDERSTANDING THE DIFFERENCE BETWEEN PRIVACY AND CONFIDENTIALITY

VI.EMPLOYEE REPORTING RESPONSIBILITIES

  1. TITLE IX REPORTING OBLIGATIONS
  2. CLERY REPORTING OBLIGATIONS
  3. CHILD ABUSE REPORTING OBLIGATIONS

VII.    COMPLAINANT OPTIONS FOR REPORTING PROHIBITED CONDUCT

  1. REPORTING TO LAW ENFORCEMENT
  2. REPORTING TO THE UNIVERSITY

VIII.   ACCESSING CAMPUS AND COMMUNITY RESOURCES

  1. REMEDIAL AND PROTECTIVE MEASURES
  2. INTERIM ACTIONS

IX. PROHIBITED CONDUCT UNDER THIS POLICY

  1. DISCRIMINATION
  2. DISCRIMINATORY HARASSMENT
  3. SEXUAL OR GENDER-BASED HARASSMENT
  4. SEXUAL ASSAULT
  5. SEXUAL EXPLOITATION
  6. INTIMATE PARTNER VIOLENCE
  7. STALKING
  8. RETALIATION
  9. COMPLICITY

X. INAPPROPRIATE AMOROUS RELATIONSHIPS

  1. INSTRUCTIONAL/STUDENT CONTEXT
  2. EMPLOYMENT CONTEXT

XI. PREVENTION, AWARENESS AND TRAINING PROGRAMS

XII.    OBLIGATION TO PROVIDE TRUTHFUL INFORMATION

XIII.   RELATED POLICIES

  1. STUDENTS
  2. EMPLOYEES

XIV.   POLICY REVIEW

I. STATEMENT OF POLICY

The University of Connecticut (the “University”) is committed to maintaining a safe and non-discriminatory learning, living and working environment for all members of the University community – students, employees, and visitors.  Academic and professional excellence can exist only when each member of our community is assured an atmosphere of safety and mutual respect.  All members of the University community are responsible for the maintenance of an environment in which people are free to learn and work without fear of discrimination, discriminatory harassment or interpersonal violence.  Discrimination diminishes individual dignity and impedes equal employment and educational opportunities.

The University does not unlawfully discriminate in any of its education or employment programs and activities on the basis of an individual’s race, color, ethnicity, religious creed, age, sex, marital status, national origin, ancestry, sexual orientation, genetic information, physical or mental disability (including learning disabilities, intellectual disabilities, and past or present history of mental illness), veteran’s status, prior conviction of a crime, workplace hazards to the reproductive system, gender identity or expression, or membership in any other protected classes as set forth in state or federal law.  To that end, this Policy Against Discrimination, Harassment and Related Interpersonal Violence, Including Sexual and Gender-Based Harassment, Sexual Assault, Sexual Exploitation, Intimate Partner Violence, Stalking, Complicity, Retaliation and Inappropriate Amorous Relationships (the “Policy”) prohibits specific forms of behavior that violate state and federal laws, including but not limited to Title VII of the Civil Rights Act of 1964 (“Title VII”), Title IX of the Education Amendments of 1972 (“Title IX”), the Violence Against Women Reauthorization Act of 2013 (“VAWA”), and related state and federal anti-discrimination laws. Such behavior may also require the University to fulfill certain reporting obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended by VAWA, and Connecticut state law regarding reporting suspected child abuse and neglect.

The University prohibits discrimination, as well as discriminatory harassment, sexual assault, sexual exploitation, intimate partner violence, stalking, sexual or gender-based harassment, complicity in the commission of any act prohibited by this Policy, retaliation against a person for the good faith reporting of any of these forms of conduct or participation in any investigation or proceeding under this Policy (collectively, “Prohibited Conduct”[1]).  These forms of Prohibited Conduct are unlawful and undermine the mission and values of our academic community. In addition, inappropriate amorous relationships with employees in positions of authority can undermine the University’s mission when those in positions of authority abuse or appear to abuse their authority.

The University adopts this Policy with a commitment to: (1) eliminating, preventing, and addressing the effects of Prohibited Conduct; (2) fostering a safe and respectful University community; (3) cultivating a climate where all individuals are well-informed and supported in reporting Prohibited Conduct; (4) providing a fair and impartial process for all parties in the investigation and resolution of such reports; and (5) identifying the standards by which violations of this Policy will be evaluated and disciplinary action may be imposed. In addition, the University conducts ongoing prevention, awareness, and training programs for employees and students to facilitate the goals of this Policy.

A student or employee determined by the University to have committed an act of Prohibited Conduct is subject to disciplinary action, up to and including separation from the University. Third Parties who commit acts of Prohibited Conduct may have their relationships with the University terminated and/or their privileges of being on University premises withdrawn.

It is the responsibility of every member of the University community to foster an environment free of Prohibited Conduct. All members of the University community are encouraged to take reasonable and prudent actions to prevent or stop an act of Prohibited Conduct. The University will support and assist community members who take such actions.

Retaliation against any individual who, in good faith, reports or participates in the reporting, investigation, or adjudication of Prohibited Conduct is strictly forbidden.

This Policy applies to all reports of Prohibited Conduct occurring on or after the effective date of this Policy. Where the date of the Prohibited Conduct precedes the effective date of this Policy, the definitions of misconduct in effect at the time of the alleged incident(s) will be used. The procedures under this Policy, however, will be used to investigate and resolve all reports made on or after the effective date of this Policy, regardless of when the incident(s) occurred.

II.   TO WHOM THIS POLICY APPLIES

This Policy applies to: students as defined in UConn’s Responsibilities of Community Life: The Student Code (“Students”); University employees, consisting of all full-time and part-time faculty, University Staff (including special payroll employees), UConn Health employees, professional research staff, and post-doctoral fellows (“Employees”); and contractors, vendors, visitors, guests or other third parties (“Third Parties”). This Policy pertains to acts of Prohibited Conduct committed by or against Students, Employees and Third Parties when:

  1. the conduct occurs on campus or other property owned or controlled by the University;
  1. the conduct occurs in the context of a University employment or education program or activity, including, but not limited to, University-sponsored study abroad, research, on-line, or internship programs; or
  1. the conduct occurs outside the context of a University employment or education program or activity, but has continuing adverse effects on or creates a hostile environment for Students, Employees or Third Parties while on campus or other property owned or controlled by the University or in any University employment or education program or activity.

III.  APPLICABLE PROCEDURES UNDER THIS POLICY

The specific procedures for reporting, investigating, and resolving Prohibited Conduct are based upon the nature of the respondent’s relationship to the University (Student, Employee, or Third Party). Each set of procedures referenced below is guided by the same principles of fairness and respect for complainants and respondents. “Complainant” means the individual who presents as the victim of any Prohibited Conduct under this Policy, regardless of whether that person makes a report or seeks action under this Policy.[2] “Respondent” means the individual who has been accused of violating this Policy.

The procedures referenced below provide for prompt and equitable response to reports of Prohibited Conduct. The procedures designate specific timeframes for major stages of the process, provide for thorough and impartial investigations that afford the Complainant and Respondent notice and an opportunity to present witnesses and evidence, and assure equal and timely access to the information that will be used in determining whether a Policy violation has occurred. The University applies the Preponderance of the Evidence standard when determining whether this Policy has been violated. “Preponderance of the Evidence” means that it is more likely than not that a Policy violation occurred.

A. WHERE THE RESPONDENT IS A STUDENT

The procedures for responding to reports of Prohibited Conduct committed by Students are detailed in Responsibilities of Community Life: The Student Code (“Student Code”) (http://community.uconn.edu/the-student-code-preamble/).

B.  WHERE THE RESPONDENT IS AN EMPLOYEE

The procedures for responding to reports of Prohibited Conduct committed by Employees are detailed in OIE’s Complaint Processes (http://www.equity.uconn.edu/discrimination/complaint-procedures/).

C.  WHERE THE RESPONDENT IS BOTH A STUDENT AND AN EMPLOYEE

  • The Student-Respondent procedures will apply if the Respondent’s primary status is as a Student;
  • The Employee-Respondent procedures will apply if the Respondent’s primary status is as an Employee.
  • If there is a question as to the predominant role of the Respondent, the University will determine which of the procedures applies based on the facts and circumstances (such as which role predominates in the context of the Prohibited Conduct). The Student-Respondent procedures typically will apply to graduate students except in those cases where the graduate student’s assistantship role predominated in the context of the Prohibited Conduct. Further, where a Respondent is both a Student and an Employee (including but not limited to graduate students), the Respondent may be subject to any of the sanctions applicable to Students or Employees.

D. WHERE THE RESPONDENT IS A THIRD PARTY
The University’s ability to take appropriate corrective action against a Third Party will be determined by the nature of the relationship of the Third Party to the University. The University will determine the appropriate manner of resolution consistent with the University’s commitment to a prompt and equitable process under federal law, federal guidance, and this Policy.

E. WHERE THE RESPONDENT IS A UCONN HEALTH STUDENT, EMPLOYEE OR THIRD PARTY Parties should contact the UConn Health Office of Institutional Equity by calling (860) 679-3563 or email: equity@uconn.edu.

IV.  TITLE IX COORDINATOR

Under Title IX:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

The Title IX Coordinator is charged with monitoring the University’s compliance with Title IX, ensuring appropriate education and training, coordinating the University’s investigation, response, and resolution of all reports under this Policy and ensuring appropriate actions to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects. The Office of Institutional Equity oversees reports involving Students, Employees and Third Parties.  The University has also designated Deputy Title IX Coordinators who may assist the Title IX Coordinator in the discharge of these responsibilities. The Title IX Coordinator and Deputy Title IX Coordinators receive ongoing appropriate training to discharge their responsibilities.

Concerns about the University’s application of Title IX may be addressed to the Title IX Coordinator.  Additionally, concerns about the University’s application of Title VII and/or other federal and state anti-discrimination laws may be addressed to the Office of Institutional Equity.

The Title IX Coordinator and Deputy Title IX Coordinators can be contacted by telephone, email, or in person during regular office hours:

Elizabeth A. Conklin
Associate Vice President, Office of Institutional Equity
Title IX Coordinator
Wood Hall, First Floor
elizabeth.conklin@uconn.edu
(860) 486-2943

Nancy Fitzpatrick Myers
Director of Investigations, Office of Institutional Equity
Deputy Title IX Coordinator
Wood Hall, First Floor
nancy.myers@uconn.edu
(860) 486-2943

Alexis Phipps Boyd
Deputy Title IX Coordinator, Office of Institutional Equity
Wood Hall, First Floor
alexis.p.boyd@uconn.edu
(860) 486-2943

External reporting options include the United States Department of Education, Clery Act Compliance Team (at clery@ed.gov); the United States Department of Education, Office for Civil Rights (at OCR@ed.gov or (800) 421-3481); the Equal Employment Opportunity Commission (at info@eeoc.gov or (800) 669-4000); and/or the Connecticut Commission on Human Rights and Opportunities ((800)-477-5737).

V. UNDERSTANDING THE DIFFERENCE BETWEEN PRIVACY AND CONFIDENTIALITY

The University is committed to protecting the privacy of all individuals involved in the investigation and resolution of a report under this Policy. The University also is committed to providing assistance to help Students, Employees and Third Parties make informed choices. With respect to any report under this Policy, the University will take reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and to take steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.

Privacy and confidentiality have distinct meanings under this Policy.

Privacy: Privacy means that information related to a report of Prohibited Conduct will be shared with a limited circle of University Employees who “need to know” in order to assist in support of the Complainant and in the assessment, investigation, and resolution of the report. All Employees who are involved in the University’s response to reports of Prohibited Conduct receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law.

The privacy of Student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the University’s FERPA policy.(http://policy.uconn.edu/2011/05/24/ferpa-policy/) The privacy of an individual’s medical and related records generally is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) and/or state laws governing protection of medical records. Access to an Employee’s personnel records may be restricted in accordance with Connecticut law and applicable collective bargaining agreements.

Confidentiality: Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers (and those who provide administrative services related to the provision of medical and clinical care), mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Connecticut law. The University has designated individuals who have the ability to have privileged communications as “Confidential Employees.” When information is shared by an individual with a Confidential Employee or a community professional with the same legal protections, the Confidential Employee (and/or such community professional) cannot reveal the information to any third party except where required or permitted by law. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18.

VI. EMPLOYEE REPORTING RESPONSIBILITIES

A.      TITLE IX REPORTING OBLIGATIONS

Most University employees are required to immediately report information about certain types of Prohibited Conduct involving any Student to the University’s Office of Institutional Equity.[3]  An Employee’s responsibility to report under this Policy is governed by his/her role at the University.  The University designates every Employee as either a Confidential Employee or a Responsible Employee.

Confidential Employee: Any Employee who is entitled under state law to have privileged communications.  Confidential Employees will not disclose information about Prohibited Conduct to the University without the permission of the Student or Employee (subject to the exceptions set forth in the Confidentiality section of this Policy). Confidential Employees at the University of Connecticut include:

      •  Student Health Services

      •  Counseling and Mental Health Services

      •  Employee Assistance Program

Responsible Employee: Any Employee who is not a Confidential Employee, and certain categories of student employees. Responsible Employees are required to immediately report to the University’s Office of Institutional Equity all relevant details (obtained directly or indirectly) about an incident of Sexual Assault, Intimate Partner Violence and/or Stalking (as defined in Section IX, below) that involves any Student as a Complainant, Respondent, and/or witness, including dates, times, locations, and names of parties and witnesses. [4] Reporting is required when the Responsible Employee knows (by reason of a direct or indirect disclosure) or should have known of such Sexual Assault, Intimate Partner Violence, and/or Stalking.  Responsible Employees include (but are not necessarily limited to) Faculty and Staff, Resident Assistants, Graduate Teaching Assistants, Graduate Research Assistants, and any student-employees serving as Campus Security Authorities (CSAs) when disclosures are made to any of them in their capacities as Employees.  This manner of reporting may help inform the University of the general extent and nature of Prohibited Conduct on and off campus so the University can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses.

Responsible Employees are not required to report information disclosed (1) at public awareness events (e.g., “Take Back the Night,” candlelight vigils, protests, “survivor speak-outs” or other public forums in which Students may disclose incidents of Prohibited Conduct; collectively, “Public Awareness Events”); (2) during a Student’s participation as a subject in an Institutional Review Board-approved human subjects research protocol (“IRB Research”); or (3) as part of coursework submitted to an instructor  in connection with a course assignment.  Even in the absence of such obligation, all Employees are encouraged to contact the Title IX Coordinator if they become aware of information that suggests a safety risk to the University community or any member thereof. The University may provide information about Students’ Title IX and/or other civil rights and about available University and community resources and support at Public Awareness Events, however, and Institutional Review Boards may, in appropriate cases, require researchers to provide such information to all Student subjects of IRB Research.

Dean, Director, Department Head and Supervisor Responsibility to Report Prohibited Conduct Where Either the Complainant or the Respondent is an Employee.  Under this Policy, Deans, Directors, Department Heads and Supervisors are required to report to the Office of Institutional Equity all relevant details about an incident of Prohibited Conduct[5] where either the Complainant or the Respondent is an Employee.  Reporting is required when such Deans, Directors, Department Heads and Supervisors know (by reason of direct or indirect disclosure) or should have known of such Prohibited Conduct.

All University Employees are strongly encouraged to report to the law enforcement any conduct that could potentially present a danger to the community or may be a crime under Connecticut law.

B.CLERY REPORTING OBLIGATIONS

Under the Clery Act, certain University employees are designated as Campus Security Authorities.  CSAs generally include individuals with significant responsibility for campus security or student and campus activities.  Based on information reported to CSAs, the University includes statistics about certain criminal offenses in its annual security report and provides those statistics to the United States Department of Education in a manner that does not include any personally identifying information about individuals involved in an incident. The Clery Act also requires the University to issue timely warnings to the University community about certain reported crimes that may pose a serious or continuing threat to Students and Employees. Consistent with the Clery Act, the University withholds the names and other personally identifying information of Complainants when issuing timely warnings to the University community.

C.      CHILD ABUSE REPORTING OBLIGATIONS

All University Employees except student employees are mandated reporters of child abuse or neglect as defined by Connecticut General Statutes Section 17a-101(b) and must comply with Connecticut’s mandated reporting laws.  See Connecticut General Statutes Sections 17a-101a to 17a-101d. All University Employees should refer to UConn’s Protection of Minors and Reporting of Child Abuse and Neglect Policy http://policy.uconn.edu/?p=6754) for detailed definitions and reporting information.

VII.   COMPLAINANT OPTIONS FOR REPORTING PROHIBITED CONDUCT 

There are two channels for reporting Prohibited Conduct. A Complainant may choose to report to the University and/or to law enforcement. These two reporting options are not mutually exclusive.  Therefore, Complainants may choose to pursue both the University process and the criminal process concurrently. The University will support Complainants in understanding, assessing and pursuing these options.

The first priority for any individual should be personal safety and well-being.  In addition to seeking immediate medical care, the University encourages all individuals to seek immediate assistance from 911, UConn Police, and/or local law enforcement.  This is the best option to ensure preservation of evidence.  The University also strongly urges that law enforcement be notified immediately in situations that may present imminent or ongoing danger.

A. REPORTING TO LAW ENFORCEMENT

Conduct that violates this Policy may also constitute a crime under the laws of the jurisdiction in which the incident occurred. For example, the State of Connecticut criminalizes and punishes some forms of Sexual Assault, Intimate Partner Violence, Sexual Exploitation, Stalking, and Physical Assault.  See Title 53a of the Connecticut General Statutes for the State of Connecticut’s Penal Code (https://www.cga.ct.gov/current/pub/chap_950.htm).  Whether or not any specific incident of Prohibited Conduct may constitute a crime is a decision made solely by law enforcement.  Similarly, the decision to arrest any individual for engaging in any incident of Prohibited Conduct is determined solely by law enforcement and not the University. Such decisions are based on a number of factors, including availability of admissible evidence.

Complainants have the right to notify or decline to notify law enforcement. In keeping with its commitment to take all appropriate steps to eliminate, prevent, and remedy all Prohibited Conduct, the University urges Complainants (or others who become aware of potential criminal conduct) to report Prohibited Conduct immediately to local law enforcement by contacting:

i. 911 (for emergencies)

ii. University Police (for non-emergencies)

1. Storrs (860) 486-4800

2. Avery Point (860) 405-9088

3. Greater Hartford (860) 570-5173

4. Law School (860) 570-5173

5. Stamford (203) 223-4270

6. Torrington (860) 236-9950

7. Waterbury (203) 236-9950

8. UConn Health (860) 679-2121

iii. State Policy (for conduct occurring off campus in Connecticut) (800) 308-7633

Police have unique legal authority, including the power to seek and execute search warrants, collect forensic evidence, make arrests, and assist in seeking protective and restraining orders. Although a police report may be made at any time, Complainants should be aware that delayed reporting may diminish law enforcement’s ability to take certain actions, including collecting forensic evidence and making arrests. The University will assist Complainants in notifying law enforcement if they choose to do so.  Under limited circumstances posing a threat to health or safety of any University community member, the University may independently notify law enforcement.

B. REPORTING TO THE UNIVERSITY

Complainants (or others who become aware of an incident of Prohibited Conduct) are encouraged to report the incident to the University through the following reporting options:

By contacting the Office of Institutional Equity by telephone, email, or in person during regular office hours (8am-5pm, M-F):

Office of Institutional Equity (Storrs and Regionals)
Wood Hall, First Floor
241 Glenbrook Road
Storrs, Connecticut
(860) 486-2943
equity@uconn.edu
www.titleix.uconn.edu
www.equity.uconn.edu

Office of Institutional Equity (UConn Health)
16 Munson Road, 4th Floor
Farmington, Connecticut
(860) 679-3563
equity@uconn.edu
http://equity.uconn.edu

There is no time limit for a Complainant to report Prohibited Conduct to the University under this Policy;[6]  however, the University’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Respondents may no longer be affiliated with the University. If the Respondent is no longer a Student or an Employee, the University will provide reasonably appropriate remedial measures, assist the Complainant in identifying external reporting options, and take reasonable steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.

The University will not pursue disciplinary action against Complainants or witnesses for disclosure of illegal personal consumption of drugs or alcohol where such disclosures are made in connection with a good faith report or investigation of Prohibited Conduct.

VIII.       ACCESSING CAMPUS AND COMMUNITY RESOURCES

The University offers a wide range of resources for all Students and Employees to provide support and guidance in response to any incident of Prohibited Conduct.  Comprehensive information on accessing University and community resources is contained online at the following sites:

  • Sexual assault, sexual exploitation, intimate partner violence, sexual or gender-based harassment, and stalking: titleix.uconn.edu
  • Discrimination and discriminatory harassment where the Respondent is an Employee or Third Party: equity.uconn.edu
  • Related Student Code violations where the Respondent is a Student: community.uconn.edu

Available resources include: emergency and ongoing assistance; health, mental health, and victim-advocacy services; options for reporting Prohibited Conduct to the University and/or law enforcement; and available support with academics, housing, and employment.

A. REMEDIAL AND PROTECTIVE MEASURES

The University offers a wide range of resources for Students and Employees, whether as Complainants or Respondents, to provide support and guidance throughout the initiation, investigation, and resolution of a report of Prohibited Conduct. The University will offer reasonable and appropriate measures to protect a Complainant and facilitate the Complainant’s continued access to University employment or education programs and activities. These measures may be both remedial (designed to address a Complainant’s safety and well-being and continued access to educational opportunities) or protective (designed to reduce the risk of harm to an individual or community). Remedial and protective measures, which may be temporary or permanent, may include no-contact directives, residence modifications, academic modifications and support, work schedule modifications, suspension from employment, and pre-disciplinary leave (with or without pay). Remedial measures are available regardless of whether a Complainant pursues a complaint or investigation under this Policy.

The University will maintain the privacy of any remedial and protective measures provided under this Policy to the extent practicable and will promptly address any violation of the protective measures. The University has the discretion to impose and/or modify any interim measure based on all available information, and is available to meet with a Complainant or Respondent to address any concerns about the provision of interim measures.

The University will provide reasonable remedial and protective measures to Third Parties as appropriate and available, taking into account the role of the Third Party and the nature of any contractual relationship with the University.

B. INTERIM ACTIONS

In addition to remedial and protective measures, an interim action may be imposed on a Student or student organization in accordance with The Student Code prior to the resolution of an investigation. Such action may be taken when, in the professional judgment of a University official, a threat of imminent harm to persons or property exists. Interim administrative action is not a sanction. It is taken in an effort to protect the safety and well-being of the Complainant and/or Respondent, of others, of the University, or of property. Interim administrative action is preliminary in nature; it is in effect only until there is a resolution of the student conduct matter.

University officials designated to impose an interim action through The Student Code include, but are not limited to, staff in Community Standards, Residential Life, and the Office of Institutional Equity.

IX.   PROHIBITED CONDUCT UNDER THIS POLICY[7]

Conduct under this Policy is prohibited regardless of the sex, sexual orientation and/or gender identity/expression of the Complainant or Respondent. Prohibited Conduct includes the following specifically defined forms of behavior: Discrimination, Discriminatory Harassment, Sexual or Gender-Based Harassment, Sexual Assault, Sexual Exploitation, Intimate Partner Violence, Stalking, Complicity, and Retaliation.

A. DISCRIMINATION 

Discrimination is any unlawful distinction, preference, or detriment to an individual that is based upon an individual’s race, color, ethnicity, religious creed, age, sex, marital status, national origin, ancestry, sexual orientation, genetic information, physical or mental disabilities (including learning disabilities, intellectual disabilities, past/present history of a mental disorder), veteran status, prior conviction of a crime, workplace hazards to reproductive systems, gender identity or expression, or membership in other protected classes set forth in state or federal law and that: (1) excludes an individual from participation; (2) denies the individual the benefits of; (3) treats the individual differently; or (4) otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a University program or activity.

Discrimination includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.  The University of Connecticut is committed to achieving equal educational and employment opportunity and full participation for persons with disabilities.  See Policy Statement: People with Disabilities (http://policy.uconn.edu/2011/05/24/people-with-disabilities-policy-statement/).

B. DISCRIMINATORY HARASSMENT

Discriminatory Harassment consists of verbal, physical, electronic or other conduct based upon an individual’s race, color, ethnicity, religious creed, age, sex, marital status, national origin, ancestry, sexual orientation, genetic information, physical or mental disabilities (including learning disabilities, intellectual disability, past/present history of a mental disorder), veteran status, prior conviction of a crime, workplace hazards to reproductive systems, gender identity or expression, or membership in other protected classes set forth in state or federal law that interferes with that individual’s educational or employment opportunities, participation in a University program or activity, or receipt of legitimately-requested services under either Hostile Environment Harassment or Quid Pro Quo Harassment, as defined below.

Hostile Environment Harassment: Discriminatory Harassment that is so severe, persistent or pervasive that it unreasonably interferes with, limits, deprives, or alters the conditions of education (e.g., admission, academic standing, grades, assignment); employment (e.g., hiring, advancement, assignment); or participation in a University program or activity (e.g., campus housing), when viewed from both a subjective and objective perspective.

In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including, but not limited to:

  • The frequency, nature and severity of the conduct;
  • Whether the conduct was physically threatening;
  • The effect of the conduct on the Complainant’s mental or emotional state;
  • Whether the conduct was directed at more than one person;
  • Whether the  conduct  arose  in  the  context  of  other  discriminatory conduct;
  • Whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities; and
  • Whether the conduct implicates concerns related to academic freedom or protected speech.

A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical.  An isolated incident, unless sufficiently serious, does not amount to Hostile Environment Harassment.

Quid Pro Quo Harassment: Discriminatory Harassment where submission to or rejection of unwelcome conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual’s education (e.g., admission, academic standing, grades, assignment); employment (e.g., hiring, advancement, assignment); or participation in a University program or activity (e.g., campus housing).

Discriminatory Harassment may take many forms, including verbal acts, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be humiliating or physically threatening.

C. SEXUAL OR GENDER-BASED HARASSMENT

Sexual Harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when the conditions for Hostile Environment Harassment or Quid Pro Quo Harassment are present, as defined above.

Sexual Harassment also may include inappropriate touching, acts of sexual violence, suggestive comments and public display of pornographic or suggestive calendars, posters, or signs where such images are not connected to any academic purpose.  A single incident of Sexual Assault (as defined below) may be sufficiently severe to constitute a hostile environment.

Gender-Based Harassment includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the conditions for Hostile Environment Harassment or Quid Pro Quo Harassment are present, as defined above.

D. SEXUAL ASSAULT

Sexual Assault consists of (1) Sexual Contact and/or (2) Sexual Intercourse that occurs without (3) Consent.

  1. Sexual Contact (or attempts to commit) is any intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, with any object(s) or body part, or, any intentional bodily contact in a sexual manner, even where the touching does not involve contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
  1. Sexual Intercourse (or attempts to commit) is any penetration, however slight, of a bodily orifice with any object(s) or body part. Sexual Intercourse includes vaginal or anal penetration by a penis, object, tongue or finger, or any contact between the mouth of one person and the genitalia of another person.
  1. Consent is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. The lack of a negative response is not consent. An individual who is incapacitated by alcohol and/or other drugs both voluntarily or involuntarily consumed may not give consent. Past consent of sexual activity does not imply ongoing future consent.

Consent cannot be given if any of the following are present: Force, Coercion or Incapacitation.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and/or coercion that overcome resistance.

Coercion is unreasonable pressure for sexual activity. Coercion is more than an effort to persuade, entice, or attract another person to have sex.  Conduct does not constitute coercion unless it wrongfully impairs an individual’s freedom of will to choose whether to participate in the sexual activity.

Incapacitation is a state where an individual cannot make rational, reasonable decisions because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place.  A person may be incapacitated due to the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition.  A person who is incapacitated lacks the capacity to give Consent because they cannot understand the “who, what, when, where, why, or how” of their sexual interaction.

The University offers the following guidance on Consent and assessing Incapacitation:

A person who wants to engage in a specific sexual activity is responsible for obtaining Consent for that activity. The lack of a negative response or protest does not constitute Consent. Lack of resistance does not constitute Consent. Silence and/or passivity also do not constitute Consent. Relying solely on non-verbal communication before or during sexual activity can lead to misunderstanding and may result in a violation of this Policy.  It is important not to make assumptions about whether a potential partner is consenting. In order to avoid confusion or ambiguity, participants are encouraged to talk with one another before engaging in sexual activity. If confusion or ambiguity arises during sexual activity, participants are encouraged to stop and clarify a mutual willingness to continue that activity.

Consent to one form of sexual activity does not, by itself, constitute Consent to another form of sexual activity. For example, one should not presume that Consent to oral-genital contact constitutes Consent to vaginal or anal penetration. Consent to sexual activity on a prior occasion does not, by itself, constitute Consent to future sexual activity. In cases of prior relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on the presence of Consent.

Once Consent has been given, it may be withdrawn at any time. An individual who seeks to withdraw Consent must communicate, through clear words or actions, a decision to cease the sexual activity. Once Consent is withdrawn, the sexual activity must cease immediately.

In evaluating Consent in cases of alleged incapacitation, the University asks two questions: (1) Did the person initiating sexual activity know that the other party was incapacitated? and if not, (2) Should a sober, reasonable person in the same situation have known that the other party was incapacitated? If the answer to either of these questions is “YES,” Consent was absent and the conduct is likely a violation of this Policy.

Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking or using drugs.  A person could be incapacitated due to other reasons which may include: sleep, prescribed or over the counter medication, mental or physical disability.  Alcohol-related incapacity results from a level of alcohol ingestion that is more severe than impairment, being under the influence, drunkenness or intoxication.   The impact of alcohol and other drugs varies from person to person.

One is not expected to be a medical expert in assessing incapacitation. One must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. Although every individual may manifest signs of incapacitation differently, evidence of incapacity may be detected from context clues, such as:

  • Slurred or incomprehensible speech;
  • Bloodshot eyes;
  • The smell of alcohol on their breath;
  • Shaky equilibrium or unsteady gait;
  • Vomiting;
  • Incontinence;
  • Combativeness or emotional volatility;
  • Unusual behavior; and/or
  • Unconsciousness

Context clues are important in helping to determine incapacitation. These signs alone do not necessarily indicate incapacitation.  A person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know who is here with you?

One should be cautious before engaging in Sexual Contact or Sexual Intercourse when either party has been drinking alcohol or using other drugs. The introduction of alcohol or other drugs may create ambiguity for either party as to whether Consent has been sought or given. If one has doubt about either party’s level of intoxication, the safe thing to do is to forego all sexual activity.

Being impaired by alcohol or other drugs is no defense to any violation of this Policy.

E. SEXUAL EXPLOITATION

Sexual Exploitation is purposely or knowingly doing or attempting to do any of the following:

  • Recording or photographing private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
  • Disseminating or  posting  images  of  private  sexual  activity and/or  a  person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
  • Allowing third parties to observe private sexual activity from a hidden location (g., closet) or through electronic means (e.g., Skype or livestreaming of images);
  • Prostituting another person; or
  • Exposing another person to a sexually transmitted infection or virus without the other’s knowledge.

F. INTIMATE PARTNER VIOLENCE

Intimate Partner Violence includes any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, domestic, or other intimate relationship.[8] Intimate Partner Violence may include any form of Prohibited Conduct under this Policy, including Sexual Assault, Stalking, and Physical Assault (as defined herein). Intimate Partner Violence may involve a pattern of behavior used to establish power and control over another person through fear and intimidation, or may involve one-time conduct.  A pattern of behavior is typically determined based on the repeated use of words and/or actions and inactions in order to demean, intimidate, and/or control another person. This behavior can be verbal, emotional and/or physical. Examples of Intimate Partner Violence include, but are not limited to:

  • Slapping;
  • Pulling hair;
  • Punching;
  • Damaging one’s property;
  • Driving recklessly to scare someone;
  • Name calling;
  • Humiliating one in public;
  • Harassment directed toward a current or former partner or spouse; and/or
  • Threats of abuse such as threatening to hit, harm, or use a weapon on another (whether Complainant or acquaintance, friend, or family member of the Complainant), or other forms of verbal threats.

Harming Behavior that includes, but is not limited to, the true threat of or actual physical assault or abuse and also includes harassment, is prohibited pursuant to The Student Code. Harming Behavior will be addressed under this Policy if it involves Discriminatory Harassment, Sexual or Gender-Based Harassment, Intimate Partner Violence, or is part of a course of conduct under the Stalking definition.

G. STALKING

Stalking occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear for the person’s safety or the safety of others, or to experience substantial emotional distress.

“Course of conduct” means two or more acts, including but not limited to acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property.

“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

“Reasonable person” means a person under similar circumstances and with similar identities to the Complainant.

Stalking includes “cyber-stalking,” a particular form of stalking in which a person uses electronic media, such as the internet, social networks, blogs, phones, texts, or other similar devices or forms of contact.

Stalking may include, but is not limited to:

  • Non-consensual communications (face to face, telephone, e-mail);
  • Threatening or obscene gestures;
  • Surveillance/following/pursuit;
  • Showing up outside the targeted individual’s classroom or workplace;
  • Sending gifts (romantic, bizarre, sinister, or perverted); and/or
  • Making threats.

H. RETALIATION

Retaliation means any adverse action taken against a person for making a good faith report of Prohibited Conduct or participating in any proceeding under this Policy. Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging in activity protected under this Policy. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of Prohibited Conduct. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct.

Retaliation can include, but is not limited to, actions taken by the University, actions taken by one Student against another Student, actions taken by an Employee against another Employee or Student, or actions taken by a Third Party against a Student or Employee.  See the University’s Non-Retaliation Policy [http://policy.uconn.edu/2011/05/24/non-retaliation-policy/].

I. COMPLICITY 

Complicity is any act taken with the purpose of aiding, facilitating, promoting or encouraging the commission of an act of Prohibited Conduct by another person.

X.   INAPPROPRIATE AMOROUS RELATIONSHIPS

For the purposes of this Policy, “amorous relationships” are defined as intimate, sexual, and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term.

A. INSTRUCTIONAL/STUDENT CONTEXT

All faculty and staff must be aware that amorous relationships with students are likely to lead to difficulties and have the potential to place faculty and staff at great personal and professional risk.  The power difference inherent in the faculty-student or staff-student relationship means that any amorous relationship between a faculty or staff member and a student is potentially exploitative or could at any time be perceived as exploitative and should be avoided.  Faculty and staff engaged in such relationships should be sensitive to the continuous possibility that they may unexpectedly be placed in a position of responsibility for the student’s instruction or evaluation.  In the event of a charge of Sexual Harassment arising from such circumstances, the University will in general be unsympathetic to a defense based upon consent when the facts establish that a faculty-student or staff-student power differential existed within the relationship.

  1. Undergraduate Students

Subject to the limited exceptions herein, all members of the faculty and staff are prohibited from pursuing or engaging in an amorous relationship with any undergraduate student.

  1. Graduate Students

With respect to graduate students (including but not limited to Master’s, Law, Doctoral, and any other post-baccalaureate students), all faculty and staff are prohibited from pursuing or engaging in an amorous relationship with a graduate student under that individual’s authority. Situations of authority include, but are not limited to: teaching; formal mentoring or advising; supervision of research and employment of a student as a research or teaching assistant; exercising substantial responsibility for grades, honors, or degrees; and involvement in disciplinary action related to the student.

Students and faculty/staff alike should be aware that pursuing or engaging in an amorous relationship with any graduate student will limit the faculty or staff member’s ability to teach, mentor, advise, direct work, employ and promote the career of the student involved with him or her in an amorous relationship.

  1. Graduate Students in Positions of Authority

Like faculty and staff members, graduate students may themselves be in a position of authority over other students, for example, when serving as a teaching assistant in a course or when serving as a research assistant and supervising other students in research.  The power difference inherent in such relationships means that any amorous relationship between a graduate student and another student over whom they have authority is potentially exploitative and should be avoided.  All graduate students currently or previously engaged in an amorous relationship with another student are prohibited from serving in a position of authority over that student.  Graduate students also should be sensitive to the continuous possibility that they may unexpectedly be placed in a position of responsibility for another student’s instruction or evaluation.

  1. Pre-existing Relationships with Any Student

The University recognizes that an amorous relationship may exist prior to the time a student enrolls at the University or, for amorous relationships with graduate students, prior to the time the faculty or staff member is placed in a position of authority over the graduate student.  The current or prior existence of such an amorous relationship must be disclosed to the Office of Institutional Equity and/or the Office of Faculty and Staff Labor Relations by the employee in a position of authority immediately if the student is an undergraduate, and prior to accepting a supervisory role of any type over any graduate student.

All faculty and staff currently or previously engaged in an amorous relationship with a student are prohibited from the following unless effective steps have been taken in conjunction with Labor Relations and the applicable dean or vice president to eliminate any potential conflict of interest in accordance with this Policy: teaching; formal mentoring or advising; supervising research; exercising responsibility for grades, honors, or degrees; considering disciplinary action involving the student; or employing the student in any capacity – including but not limited to student employment and internships, work study, or as a research or teaching assistant.

Similarly, all graduate students currently or previously engaged in an amorous relationship with another student are prohibited from serving in a position of authority over that student.

  1. If an Amorous Relationship Occurs with Any Student

If, despite these warnings, a faculty member, staff member, or graduate student becomes involved in an amorous relationship with a student in violation of this Policy, the faculty member, staff member, or graduate student must disclose the relationship immediately to the Office of Institutional Equity or the Office of Faculty and Staff Labor Relations.  Absent an extraordinary circumstance, no relationships in violation of this Policy will be permitted while the student is enrolled or the faculty or staff member is employed by the University.  In most cases, it will be unlikely that an acceptable resolution to the conflict of interest will be possible, and the faculty or staff member’s employment standing or the graduate student’s position of authority may need to be adjusted until s/he no longer has supervisory or other authority over the student.

In addition to the amorous relationship itself, a faculty, staff or graduate student’s failure to report the existence of an inappropriate amorous relationship with a student is also a violation of this Policy.  The University encourages immediate self-reporting, and will consider this factor in the context of any resolution that may be able to be reached.

B. EMPLOYMENT CONTEXT 

Amorous relationships between supervisors and their subordinate employees often adversely affect decisions, distort judgment, and undermine workplace morale for all employees, including those not directly engaged in the relationship.  Any University employee who participates in supervisory or administrative decisions concerning an employee with whom s/he has or has had an amorous relationship has a conflict of interest in those situations. These types of relationships, specifically those involving spouses and/or individuals who reside together, also may violate the State Code of Ethics for Public Officials as well as the University’s Policy on Employment and Contracting for Service of Relatives.

Accordingly, the University prohibits all faculty and staff from pursuing or engaging in amorous relationships with employees whom they supervise.  No supervisor shall initiate or participate in institutional decisions involving a direct benefit or penalty (employment, retention, promotion, tenure, salary, leave of absence, etc.) to a person with whom that individual has or has had an amorous relationship.  The individual in a position of authority can be held accountable for creating a sexually hostile environment or failing to address a sexually hostile environment and thus should avoid creating or failing to address a situation that adversely impacts the working environment of others.

  1. Pre-existing Amorous Relationships Between Supervisors and Subordinate Employees

The University recognizes that an amorous relationship may exist prior to the time an individual is assigned to a supervisor.  Supervisory, decision-making, oversight, evaluative or advisory relationships for someone with whom there exists or previously has existed an amorous relationship is unacceptable unless effective steps have been taken to eliminate any potential conflict of interest in accordance with this Policy.  The current or prior existence of such a relationship must be disclosed by the employee in a position of authority prior to accepting supervision of the subordinate employee to the Office of Institutional Equity and/or the Office of Faculty and Staff Labor Relations.  Working with the Office of Faculty and Staff Labor Relations, the relevant managers will determine whether the conflict of interest can be eliminated through termination of the situation of authority.  The final determination will be at the sole discretion of the relevant dean or vice president.

  1. If an Amorous Relationship Occurs or has Occurred between a Supervisor and his/her Subordinate Employee

If, despite these warnings, a University employee enters into an amorous relationship with someone over whom s/he has supervisory, decision-making, oversight, evaluative, or advisory responsibilities, that employee must disclose the existence of the relationship immediately to the Office of Institutional Equity and/or the Office of Faculty and Staff Labor Relations.  In consultation with appropriate University administrators, the relevant dean or vice president will determine whether the conflict of interest can be eliminated.  The final determination will be at the sole discretion of the relevant dean or vice president.  In most cases, it will be unlikely that an acceptable resolution to the conflict of interest will be possible.  If the conflict of interest cannot be eliminated, the supervisor’s employment standing may need to be adjusted.  In addition to the amorous relationship itself, a supervisor’s failure to report the existence of the relationship with a subordinate employee is also a violation of this Policy.  The University encourages immediate self-reporting, and will consider this factor in the context of any resolution that may be able to be reached.

XI. PREVENTION, AWARENESS AND TRAINING PROGRAMS

The University is committed to the prevention of Prohibited Conduct through regular and ongoing education and awareness programs. Incoming Students and new Employees receive primary prevention and awareness programming as part of their orientation, and returning Students and current Employees receive ongoing training and related education and awareness programs. The University provides training, education and awareness programs to Students and Employees to ensure broad understanding of this Policy and the topics and issues related to maintaining an education and employment environment free from harassment and discrimination.

For a description of the University’s Prohibited Conduct prevention and awareness programs, including programs on minimizing the risk of incidents of Prohibited Conduct and bystander intervention, see the University’s annual Clery reports (found online at:  http://publicsafety.uconn.edu/police/clery/about-clery/uconn-and-the-clery-act/ ).

XII. OBLIGATION TO PROVIDE TRUTHFUL INFORMATION

All University community members are expected to provide truthful information in any report, investigation, or proceeding under this Policy. Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of Prohibited Conduct is prohibited and subject to disciplinary sanctions under The Student Code (for Students), The Code of Conduct (for Employees), and any other applicable and appropriate University policy or policies. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated.

XIII.  RELATED POLICIES

A. STUDENTS

Responsibilities of Community Life: The Student Code: http://community.uconn.edu/the-student-code-preamble/

B. EMPLOYEES AND THIRD PARTIES

Policy Statement: People With Disabilities: http://policy.uconn.edu/?p=419
Protection of Minors and Reporting of Child Abuse and Neglect Policy: http://policy.uconn.edu/?p=6754
Non-Retaliation Policy: http://policy.uconn.edu/?p=415
Policy Statement: Affirmative Action and Equal Employment Opportunity: http://policy.uconn.edu/?p=102
Age Act Policy: http://policy.uconn.edu/?p=2007
Code of Conduct (employees): http://policy.uconn.edu/?p=140
Code of Conduct for University of Connecticut Vendors:  http://policy.uconn.edu/?p=2718
Policy on Employment and Contracting for Service of Relatives: http://policy.uconn.edu/?p=357

XIV. POLICY REVIEW

This Policy is maintained by the Office of Institutional Equity. The University will periodically review and update this Policy and will evaluate, among other things, any changes in legal requirements, existing University resources, and the resolution of cases from the preceding year (including, but not limited to, timeframes for completion and sanctions and remedies imposed).
[1] UConn recognizes that an individual may choose to self-identify as a victim or a survivor.  For consistency in this Policy, the University uses the term Complainant to maintain the neutrality of the Policy and procedures.

[2] Definitions for all forms of Prohibited Conduct can be found in Section IX of this Policy.

[3] Although this Policy is directed primarily to disclosures by Students, as explained herein certain supervisory employees are obligated to report disclosures about all types of Prohibited Conduct involving a University employee.

[4] While Employees are encouraged to report any form of Prohibited Conduct, only Sexual Assault, Intimate Partner Violence and Stalking must be reported under this Policy.

[5] These supervisory employees are required to report all forms of Prohibited Conduct where the Complainant or Respondent is an Employee.

[6]  This statement does not relieve Responsible Employees of their obligation to report Sexual Assault, Intimate Partner Violence and/or Stalking involving a Student immediately to the Office of Institutional Equity.

[7] These definitions may overlap with Connecticut criminal statutes in some cases, and provide greater protection in other instances.  Connecticut’s Penal Code may be found in Title 53a of the Connecticut General Statutes.  (https://www.cga.ct.gov/current/pub/chap_950.htm)

[8] Intimate Partner Violence includes “dating violence” and “domestic violence,” as defined by VAWA. Consistent with VAWA, the University will evaluate the existence of an intimate relationship based upon the Complainant’s statement and taking into consideration the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Security Camera Policy

Title: Security Camera Policy
Policy Owner: Division of Public Safety & Office of the General Counsel
Applies to: Faculty, Staff
Campus Applicability:  Storrs, Regionals, and the School of Law
Effective Date: September 12, 2014
For More Information, Contact Director of Public Safety
Contact Information: (860) 486-4806
Official Website: http://publicsafety.uconn.edu

I.          Scope

This policy applies to the University of Connecticut at Storrs, the University’s regional campuses and the University’s School of Law.  The determination of whether a facility leased by the University, whether as lessor or lessee, will be subject to this policy will be made by the Chief of Police on a case-by-case basis, taking into consideration factors including the location of the facility, facility attributes, and the terms of the pertinent lease agreement.

This policy applies to all faculty and staff employed by, and to all schools and departments within, the University.  This policy shall not apply to use of cameras for reasons unrelated to surveillance activity, including remote monitoring of facilities construction and progress, videotaping of athletic events for post-game reviews, the use of cameras in connection with human subject and animal research (which use shall be governed by University policies governing research) the use of cameras in certain laboratories to ensure safe research practices, and the use of cameras for legitimate educational purposes.  Nor shall this policy apply to cameras used by law enforcement in the following manners: covert operations for the purpose of criminal surveillance; or mobile cameras used in, on, or about law enforcement or parking services vehicles; or body-worn or otherwise portable cameras used during the course of investigations or normal law enforcement functions; or parking enforcement cameras.

 

II.         Purpose

The purpose of this policy is to provide guidelines for the use of security cameras on property owned and/or utilized by the University in a way that enhances security and aids law enforcement while respecting the privacy expectations of members of the University community.

The primary purpose of utilizing security cameras in public areas is to deter crime and to assist law enforcement in enhancing the safety and security of members of the University community and University property.  The primary use of security cameras will be to record video images for use by law enforcement and other University officials charged with investigating alleged violations of law or University policy.

The existence of this policy does not imply or guarantee that security cameras will be monitored in real time continuously or otherwise.

III.        RELATED POLICIES

  • Acceptable Use, Information Technology
  • University Code of Conduct
  • General Rules of Conduct
  • The Student Code

IV.        Definitions

As used within and for the purposes of this policy, the following terms are defined as follows.

Chief of Police: the head of the Division of Public Safety or his or her designee.

Private areas: areas in which a person has a reasonable expectation of privacy, including, but not limited to,non-common areas of residence halls, residence hall corridors, bathrooms, shower areas, locker and changing rooms and other areas where a reasonable person might change clothes.  Additionally, areas designed for the personal comfort of University employees or the safeguarding of their possessions, such as lounges and locker rooms, and areas dedicated to medical, physical, or mental therapy or treatment shall be considered private areas for the purpose of this policy.

Public areas: areas made available for use by the public, including, but not limited to, campus grounds, parking areas, building exteriors, loading docks, areas of ingress and egress, classrooms, lecture halls, study rooms, lobbies, theaters, libraries, dining halls, gymnasiums, recreation areas, and retail establishments.  Areas of the University in which persons would not have a reasonable expectation of privacy, but to which access is restricted to certain University employees, such as storage areas, shall also be considered public areas for the purpose of this policy.

Security camera: a camera used for monitoring or recording public areas for the purposes of enhancing public safety, discouraging theft and other criminal activities, and investigating incidents.
Security camera recording: a digital or analog recording of the feed from a security camera.

Security camera system: any electronic service, software, or hardware directly supporting or deploying a security camera.

V.         Responsibilities and Authority

Responsibility for oversight of installation, maintenance, and utilization of security cameras and associated policies, standards, and procedures is delegated by the President of the University to the Chief of Police. This responsibility includes:

  1. creation, maintenance, and review of a campus strategy for the procurement, deployment, and use of security cameras, including this and related policies;
  2. designation of the standard campus security camera system or service;
  3. authorizing the  placement of all security cameras;
  4. authorizing the purchase of any new security camera systems;
  5. reviewing existing security camera systems and installations and identifying modifications required to bring them into compliance with this policy;
  6. creating and approving campus standards for security cameras and their use; and
  7. creating and approving procedures for the use of security cameras.

VI.        Control Elements

VI.1      Training

 

All personnel involved in the installation, maintenance or monitoring of security cameras: (a) will be instructed in the technical, legal and ethical parameters of appropriate camera use; and (b) will receive a copy of this policy and provide a written acknowledgment that they have read and understood its contents.

VI.2      Security Camera Placement

  1. University Police shall be solely responsible for the oversight of temporary or permanent security cameras on campus.  As such, all installations must be approved by them.  Schools, departments and offices desiring the installation and use of security cameras shall submit a request for such installation to University Police.  All proposals for the deployment of security cameras will include proposed sites for the placement of notifying signs (see Section VI.3. below).  Installation of video security applications shall be the financial responsibility of the requesting school, department or office.
  2. University schools, departments and offices presently utilizing security cameras shall promptly advise the University Police Department, which will review the location and utilization of the cameras and identify actions necessary to bring such usage into conformance with this policy.
  3. Consistent with the requirements of state law, security cameras utilized by the University will not record or monitor sound.  Audio recordings shall be prohibited unless permitted by law and specifically authorized by the Chief of Police.
  4. Use of security cameras shall be limited to public areas. Video surveillance shall be not conducted in private areas of the campus unless specifically authorized by the Chief of Police pursuant to a search warrant or otherwise. If needed, electronic shielding will be placed in the security camera so that the security camera cannot be used to look into or through windows into private areas.
  5. Where Security Cameras are permitted in private areas, they will, to the maximum extent possible, be used narrowly to protect persons, money, real or personal property, documents, supplies, equipment, or pharmaceuticals from theft, destruction, or tampering.
  6. Security cameras shall not be directed at the windows of any privately-owned residence not located on University property.
  7. Inoperative, placebo, or “dummy” security cameras shall NEVER be installed or utilized, as they may lead to a false sense of security that someone is monitoring an operational camera.

VI.3      Security Camera Monitoring and Review

  1. The University Police may monitor and review security camera feeds and recordings as needed to support investigations and to enhance public safety.  It is not intended or expected that security cameras will be routinely monitored in real time.
  2. With the prior approval of the Chief of Police, other University personnel may monitor and review security camera live feeds and recordings for purposes of public safety.
  3. Monitoring individuals based on characteristics of race, gender, ethnicity, sexual orientation, disability, or other protected classification is prohibited.  Seeking out and continuously viewing people becoming intimate in public areas is prohibited.

VI.4      Notification Requirements

Except in emergency or investigative situations, all locations with security cameras will have signs displayed that provide reasonable notification of the presence of security cameras.  The placement of the signs and the text on the signs will be subject to the approval of the Chief of Police.

Notification signs shall be placed in conspicuous areas in close proximity to the security cameras.  For buildings with interior cameras, this shall include, at a minimum, the placement of signs at all primary building entrances.  All such signs shall contain a notification that the cameras may or may not be monitored.

VI.5      Use of Recordings

Security camera recordings, with the approval of the Chief of Police, shall be used for the purposes of enhancing public safety, discouraging theft and other criminal activities, and investigating incidents (including the release of recordings by the Division of Public Safety to external law enforcement agencies).  Recordings from cameras whose primary function is not security (such as classroom lecture capture) may, with the authorization of the Chief of Police, be used for these purposes.

Security cameras shall not be utilized to conduct personnel investigations, such as those related to (but not limited to) work place attendance or work quality.  However, the University may utilize routine security camera recordings in support of disciplinary proceedings against employees and/or students, or in a civil suit or other proceeding involving person(s) whose activities are shown on the recording and relate to the proceeding. For example, the situation could be an arbitration or other proceeding and the proceeding could be by or against such person. Information obtained in violation of this policy may not be used in a disciplinary proceeding against a University student or employee.

The use of security cameras and/or recordings for any purpose not detailed within this policy is subject to including §6 of the campus policy on the Appropriate Use of Computers and Network Systems.

Records of access to and release of, Security Camera recordings must be sufficient so as to demonstrate compliance with this policy.

VI.6      Protection and Retention of Security Camera Recordings

Video footage will be stored on servers accorded appropriate computer security with access by authorized personnel only.

Security camera recordings will be retained in accordance with the records retention policies of the State of Connecticut.  This retention period may be extended at the direction of the General Counsel or the Chief of Police or as required by law.

VI.7      Release of Recorded Material

Requests for release of recorded material must be approved by the Chief of Police.  Requests for release of recorded material set forth in subpoenas or other legal documents compelling disclosure should be submitted to the General Counsel.

VII.       Compliance

It shall be the responsibility of the Chief of Police to see that records related to the use of security cameras and recordings from security cameras are sufficient to demonstrate compliance with this policy.  Units that maintain or support security camera technology must also maintain records and configure systems to ensure compliance with this policy.  Before procuring security camera systems, units will need to ensure compatibility with the system identified as the campus standard by the Chief of Police.

The Chief Information Officer, or his or her designee, in conjunction with the Chief of Police, or his or her designee, may review the deployment and utilization of security cameras at the University, whenever and as frequently as they deem necessary. A finding that a school, department or office has failed to comply with the requirements of this policy may result in the loss of its privilege to support, maintain, or deploy security cameras and may result in other remedial action at the direction of the President or the President’s designee.

VIII.      Exceptions

Uses of security cameras beyond those described in this security camera policy shall be governed by applicable University policies and procedures.  Persons having questions about the use of monitoring cameras not subject to this policy should direct those questions to the Chief of Police or the General Counsel.

IX.        REVIEW OF POLICY

 

This policy will be reviewed, and revised as necessary, by the Department of Public Safety, annually or more frequently as circumstances require.

Facilities Operations & Building Services Guideline for Maintenance and Repair Services (Excludes UConn Health)

Title: Facilities Operations & Building Services Guideline for Maintenance and Repair Services
Policy Owner: Facilities Operations & Building Services
Applies to: Faculty, Staff, Students
Campus Applicability: All Campuses, except UConn Health
Effective Date: August 18, 2015
For More Information, Contact Facilities Operations & Building Services
Contact Information: (860) 486-3138
Official Website: http://fo.uconn.edu/

Facilities Operations and Building Services strives to provide services in a collaborative, respectful manner working to make our community a better place to study, live and work. This statement’s purpose is to communicate the scope of building maintenance and repair services provided to University of Connecticut community by the Department of Facilities Operations and Building Services.

Facilities Operations and Building Services is committed to providing maintenance and repair services to University-owned facilities for all structural and building systems. This includes all building systems identified on the original blueprints of buildings and those upgrades/modifications made to the original plans and excludes furniture, fixtures and equipment. Occupying units will not be expected to pay for this maintenance and repair.

These services include:

  1. Emergency maintenance: situations that require immediate intervention by trades workers to correct or mitigate a building maintenance problem or which can create unsafe conditions that may expose students, faculty, staff and/or visitors to health or safety related concerns and/or cause significant damage to the building, building systems, or
  2. Preventive maintenance: scheduled maintenance to prevent assets from wearing out/failing and maintain life cycle.
  3. Corrective maintenance: minor repairs to bring asset back into working order.
  4. Statutory maintenance: maintenance and repair to life safety systems; elevators, ADA requirements.
  5. Cyclical maintenance/replacement and updates of building finishes.
  6. Cyclical maintenance/replacement of classroom finishes and furniture.
  7. Basic custodial, snow removal & ice treatment, and landscape services.
  8. Infrastructure services such as water, sewer, steam, chilled water and power.

Facilities Operations and Building Services also provides maintenance and repair services necessitated by the particular operations or equipment of individual units. These services must be funded by the units requesting them. Similarly, Facilities Operations and Building Services is able to provide limited services on a reimbursable basis for small project renovations requested by departments that are cosmetic in nature, change the use purpose of a space, enhance the comfort factor for building occupants/users (ex: convenience kitchens), or mitigate excessive wear and tear on furniture and equipment, etc. The following criteria govern maintenance and repair services for which Facilities Operations and Building Services will charge units:

  1. Work that enhances the aesthetics, alters, or customizes a space for programmatic purposes, or involves a major change to interior finishes.
  2. Maintenance and repair of special classroom equipment; special lighting or sound installations; office furniture and furnishing; laboratory equipment; and other departmental property.
  3. Fabrication of cabinets, shelves, signs, name plates and other miscellaneous items.
  4. Furniture repair (excluding basic classroom furniture) and reupholstering.
  5. Special custodial or trash collection such as daily office cleanings, clean-ups, storage and office cleanouts above normal/routine service levels.
  6. Installation and service of equipment fundamentally required by or used for a unit’s research or other operational activity (such as special fire extinguishing equipment for laboratories, environmental chambers, refrigerators, freezers, autoclaves, spas, pools and uninterruptable power sources).
  7. Services required for the set-up/support of special events.
  8. Moving services.
  9. All facilities planning and design, or other professional services performed by consultants, architects, or engineers, in support of customer-funded projects.
  10. The manufacturer is responsible for fixtures and equipment under warranty. Instances which are covered by valid service agreements are the responsibility of the service agreement holder.
  11. All furniture, fixture and equipment upgrades and replacement costs are the responsibility of the owning unit.

 

In some cases, it may not be clear whether Facilities Operations and Building Services or the unit should bear the cost of maintenance or repair services. If they are not already addressed in a Service Level Agreement, such instances will be handled through discussion with constituent units, and may ultimately be decided by the Associate Vice president for Facilities Management in consultation with the Vice President to which the unit reports.

 

Adopted: 12/5/2013

Revised: 06/03/2014; 07/01/2014; 7/15/2014; 8/18/2015

Missing Student Policy

Title: Missing Student Policy
Policy Owner: UConn Police Department
Applies to: Faculty, Staff, Students
Campus Applicability:  Storrs
Effective Date: August 18, 2016
For More Information, Contact Captain Maggie Silver
Contact Information: 860-486-4800
Official Website: http://www.police.uconn.edu/

If a member of the university community has reason to believe that a student is missing, whether or not the student resides on campus, all possible efforts will be made to locate the student to determine his or her state of health and well-being through the collaboration of UConn Police, Dean of Students Office, Residential Life staff, and local law enforcement.

At the beginning of each year or upon matriculation, all students are given the opportunity to identify an individual to be contacted by the University in case of emergency.

This contact information is subject to the University’s FERPA Policy. (See: http://policy.uconn.edu/?p=368).

In addition, consistent with Clery Act requirements, all students living in on-campus housing are also given the option each year, or upon moving into on-campus housing, to designate a confidential contact for use in case the student is reported missing.  Although the same contact may be provided for both purposes, by law the missing student contact is distinct from the general emergency contact provided by all students, and is held to a higher standard of confidentiality than the general emergency contact.  It will be accessible only to authorized University personnel, and disclosed only to law enforcement personnel in furtherance of an investigation.  To help ensure timely and complete notification and investigation of all missing student situations, confidential missing student contact should be provided or updated at: https://student.studentadmin.uconn.edu/psp/CSPR/EMPLOYEE/HRMS/c/CC_PORTFOLIO.SS_CC_EMERG_CNTCT.GBL.

If a member of the university community has reason to believe that any student is missing they should immediately contact UConn Police at 860-486-4800.  

In missing persons cases, time is of the essence. Hence, we urge the community to contact UConn Police immediately upon suspicion that an individual is missing.  The UConn Police Department is committed to begin an investigation upon the first report.

The UConn Police department will initiate formal investigation or contact the appropriate law enforcement agency.

UConn Police will communicate and collaborate as appropriate with one or both of the following departments:

  • Dean of Students Office at (860) 486-3426
  • Residential Life Staff at (860) 486-9000

Within 24 hours of the determination that a residential student is a missing person, UConn Police will:

  • Notify the local law enforcement agency with jurisdiction, if other than UConn Police;
  • Notify the student’s designated missing person contact;
  • If the student is under the age of 18 years and is not emancipated, notify the student’s custodial parent or guardian

However, if the student is under 18 and is not an emancipated individual, UConn Police will notify the student parent or guardian as well as any other designated missing person contact.

 

Rules and Regulations for Control of Parking and Vehicles on the Grounds of the University of Connecticut

Title: Rules and Regulations for Control of Parking and Vehicles on the Grounds of the University of Connecticut
Policy Owner: Transportation, Logistics, and Parking Services
Applies to: Faculty, Staff, Students, Visitors
Campus Applicability:  Storrs and Regional Campuses (excludes UConn Health)
Effective Date: October 2013
For More Information, Contact Transportation, Logistics and Parking Services
Contact Information: (860) 486- 3628
Official Website: http://tlp.uconn.edu/

Note: The following is General Information regarding this policy. The complete Rules and Regulations for the Control of Parking and Vehicles on Campus (Revised October 2013) are available in PDF.

The University of Connecticut(“University” or “UConn”) is authorized by state law to promulgate rules and regulations concerning the parking and operation of all motor vehicles on its property.

The University of Connecticut’s Office of Transportation, Logistics, and Parking Services (TL&P) has overall supervisory responsibility for parking on the Storrs campus. Suggestions or complaints relating to parking policies or procedures should be addressed to the Parking Services Office (PSO) located on the Storrs campus at 3 North Hillside Road.  Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. (4:30 p.m. during University scheduled breaks) and can be reached by telephone at (860) 486-4930.

 

General Responsibility: Operating a vehicle on campus is deemed evidence of the vehicle operator’s acceptance and understanding of the University’s Parking and Traffic Regulations. Penalties for failure to adhere to these regulations can include fines, towing, immobilization of vehicle, and/or suspension or revocation of a University parking permit.

The University’s Parking Rules and Regulations apply to the main campus, located in Storrs, as well as to each of its Branch Campuses, to the extent applicable and indicated by signage.  These rules and regulations are in effect continuously throughout the calendar year, including semester breaks and summer months, and apply to any motor vehicle operated or parked at any time on University grounds.  A community member’s acceptance of employment at, or registration in, the University constitutes an agreement to abide by these rules and regulations.   It is the responsibility of all drivers to familiarize themselves with these rules and regulations. The use of a motor vehicle on University grounds is a privilege, not a right, and is available only under the conditions and rules governing that privilege at UConn. The UConn Police Department assists in the enforcement of the University’s parking rules and regulations.

 

Temporary, Emergency, and Special-Situation Restrictions and Changes.

During emergencies and other special situations (e.g., snowstorms, unusual crowds, university events, road or building construction), the TL&P or the UConn Police may temporarily suspend or otherwise modify specific regulations contained herein or otherwise posted.  Temporary regulations and restrictions have the full force and effect of permanent regulations.  A vehicle left unattended on University property during such emergency or special situations may be towed at the owner’s expense if parked in violation of temporary or permanent regulations or if such vehicle impedes traffic flow or snow removal operations.

 

Special Events at Jorgensen or Gampel Pavilion:A prepaid event fee may be charged during events held at Jorgensen Auditorium or Gampel Pavilion. Students and Faculty who have a valid permit for the area will not be charged an additional fee.

 

Accessible Van Service. The University provides an Accessible Van Service that is available for use by students and employees. For more information, please call (860) 486-4991 or visit the website www.transpo.uconn.edu

 

The Storrs Campus is primarily a pedestrian campus. All motor vehicles must stop for pedestrians in crosswalks in accordance with Connecticut state law. The maximum speed limit on campus is 25MPH. The maximum speed in all parking lots is 10MPH. These limits are in effect 24 hours per day.

Again, the complete Rules and Regulations for the Control of Parking and Vehicles on Campus (Revised October 2013) are available in PDF.

Approved by the Board of Trustees on August 8, 2012.

Working Alone Policy

Title: Working Alone Policy
Policy Owner: Division of Environmental Health and Safety
Applies to: University Students
Campus Applicability: Storrs, Regionals, Law School
Effective Date: January 2013
For More Information, Contact Environmental Health and Safety
Contact Information: (860) 486-3613
Official Website: http://www.ehs.uconn.edu/

POLICY STATEMENT

No student is permitted to Work Alone in an Immediately Hazardous Environment.

REASON FOR POLICY

This policy has been developed to minimize the risk of serious injury while Working Alone with materials, equipment or in areas that could result in serious injury or an immediate life-threatening hazard.

APPLIES TO

This policy applies to undergraduate, graduate, and post-doctoral students performing academic or research related work at the University of Connecticut Storrs, regional campuses and the Law School.

DEFINITIONS

Working Alone means an isolated student working with an immediately hazardous material, equipment or in an area that, if safety procedures fail, could reasonably result in incapacitation and serious life threatening injury for which immediate first aide assistance is not available.

Immediately Hazardous Environment describes any material, activity or circumstance that could cause instantaneous incapacitation rendering an individual unable to seek assistance.  Examples include but are not limited to: potential exposure to poisonous chemicals and gases at a level approaching the IDLH (Immediately Dangerous to Life & Health); work with pyrophoric and explosive chemicals; work with pressurized chemical systems; entering confined spaces; work near high voltage equipment; work with power equipment that could pinch or grab body parts and/or clothing; etc.

Unit Managers are managers, supervisors, principle investigators, faculty, Department Heads and others who are responsible for assigning work to students that involve potential exposure to immediately hazardous environments.

Safety Content Expert is a safety professional from the UConn Department of Environmental Health and Safety (EHS).  EHS provides guidance to Unit Managers and their designees regarding the proper classification of campus activities as Immediately Hazardous or not; and provides safety information regarding proper procedures and personal protective equipment needed.

Direct Observation means the assigned second person is in line of sight or close hearing range with the individual working in an Immediately Hazardous Environment.

ENFORCEMENT

Violations of this policy may result in appropriate disciplinary measures in accordance with University Laws and Bylaws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements and the University of Connecticut Student Conduct Code.

RESPONSIBILITIES

Unit Managers are responsible for identifying the risks and conditions that may place a student in an Immediately Hazardous Environment.  If unsure about a specific task or location, Unit Managers are advised to contact EHS to assist in recognizing/evaluating risks, and to help in developing appropriate hazard controls. The Unit Manager is also responsible to see that personnel are properly trained, proper procedures are in place, and that proper personal protective equipment is readily available and use is mandatory. This is documented by means of the Workplace Hazard Assessment form.

If the task/area is deemed a Working Alone situation, the Unit Manager must either:

a) Assign a second person for the duration of the immediately hazardous task or for work in immediately hazardous locations (confined spaces, elevated work area, etc.); or

b) Reschedule the work to a time when others are available to help monitor the welfare of the assigned student.

All personnel are responsible for notifying the Unit Managers of situations that present the possibility of a student Working Alone in an immediately hazardous environment.

Personnel assigned to keep watch must provide Direct Observation at all times while students are in an Immediately Hazardous Environment to prevent a Working Alone situation.

Students are directly responsible for adhering to all safety procedures, wearing appropriate personal protective equipment and to be current in training requirements.  Students shall not Work Alone in an area or on tasks that have been recognized as an Immediately Hazardous Environment.

Environmental Health & Safety (EHS) personnel shall, upon request, assist in identifying Immediately Hazardous Environments and Working Alone situations.  EHS shall assist in the anticipation, recognition and evaluation of hazards and provide expertise in developing controls to prevent injuries to personnel.  EHS will verify submitted area Workplace Hazard Assessment during routine inspections.

Recommended Safety Information Resources

Refer to the EH&S website for additional workplace safety requirements:

Policies, programs and procedures

Training

Forms

Alcohol and Other Drugs, Policy on

Title: Alcohol and Other Drugs, Policy on
Policy Owner: Department of Wellness and Prevention Services
Applies to: Students, Employees, Others
Campus Applicability: All Campuses except UConn Health
Effective Date: September, 2016
For More Information, Contact Department of Wellness and Prevention Services
Contact Information: (860) 486-9431
Official Website: http://www.wellness.uconn.edu/

 

In accordance with the Drug Free Schools and Campuses Act passed by Congress, the University of Connecticut is required to provide enrolled students, faculty and staff with various pieces of information regarding the unlawful use of drugs or alcohol on University property. The following information describes legal sanctions, health risks, available assistance and treatment avenues as well as University-imposed disciplinary standards.

Drug Free Schools and Campuses Act Notification Letter, January 2017

 

Use Of Space Heaters in University Buildings

Title: Use Of Space Heaters in University Buildings
Policy Owner: Environmental Health & Safety/UConn Fire Department
Applies to: Faculty, Staff, Students, Others
Campus Applicability: Storrs and Regional Campuses, and the Law School
Effective Date: February 6, 2012
For More Information, Contact Division of Environmental Health and Safety
Contact Information: (860) 486-3413
Official Website: http://www.ehs.uconn.edu/

PURPOSE

As stated in the University’s Health and Safety Policy, the University of Connecticut is committed to providing a healthful and safe environment for all activities under its jurisdiction. In keeping with this commitment, the University has developed this policy to protect the University community and its visitors from the significant fire and workplace safety risks posed by the use of space heaters.  This policy is in keeping with the requirements of the Connecticut Life Safety and Building codes and ConnOSHA and CT Department of Public Health regulations.

SCOPE

This policy applies to the use of space heaters by faculty, staff, students, and others in University-owned buildings at the Storrs and regional campuses and at the Law School.

POLICY STATEMENT

Space heaters pose serious fire and electrical hazards, and are not efficient from an energy use standpoint; therefore, the use of space heaters at the University is strongly discouraged. Their use should be reserved for times of heating system failures rather than as a means for supplementing an existing heating system.

University building occupants should first contact Facilities Operations Work Order Control (6-3113) to request assistance in adjusting the temperature of an area.  If Facilities Operations personnel determine that the work area cannot be heated to the satisfaction of the occupant(s), the temporary use of space heaters will be allowed with the following exceptions:

Space heaters are not permitted in residential occupancies unless issued by permit through the UConn Fire Department in emergencies.  Space heaters are not permitted, under any circumstances, in laboratories, inpatient units, storage areas, or areas not actively occupied by people.  However, space heaters will be permitted in laboratory office spaces.

ENFORCEMENT

The University Fire Department and the Department of Environmental Health and Safety reserve the right to inspect and declare “unapproved” any space heater that creates a safety hazard or is inappropriate to a particular location, based on specific circumstances or legal requirements.  If warranted, space heaters may be removed from service and taken to a designated storage area for later collection by its owner and subsequent removal from the University.

Violations of this policy may result in appropriate disciplinary measures in accordance with University Laws and By-Laws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements, and the University of Connecticut Student Conduct Code.

PROCEDURES

Approved Heaters

In order to ensure that all space heaters meet current safety guidelines, the University Fire Department and the Department of Environmental Health and Safety have approved a limited selection of space heaters for use within the University, which are available at Central Stores.
See approved space heaters here.

Effective Fall Semester 2003, all other space heaters currently in use must be taken out of service.  Department-owned heaters must be turned in as surplus to Central Storrs.  Privately owned heaters must be removed from the University.

Safe Use and Care

  • BEFORE OPERATING A HEATER, ALWAYS READ AND FOLLOW THE MANUFACTURER’S OPERATING INSTRUCTIONS.
  • To prevent overloading an electrical circuit, a space heater must be plugged into a circuit that is rated for 15 amps or more.
  • Always turn off a heater and unplug it when you leave the office.  NEVER leave an operating heater unattended.
  • Before use, ensure that the heater is clean and not covered with dust.  The cord must be in good condition and not frayed.
  • NEVER use an extension cord or power strip with a space heater.  It should be plugged directly into a permanent wall outlet (receptacle). Exception: Radiant Panel heaters may be used with extension cords or power strips rated for 15 amps or more.
  • Never run a power cord under a carpet or floor mat.
  • NEVER use a heater where flammable materials or vapors may be present.
  • Do not use space heaters under desks or in other enclosed spaces.
  • Do not place a heater near combustible materials such as papers, fabric, plastics, or office furniture.
  • Do not place a heater in or near wet areas or in high traffic areas such as exit ways.
  • ALWAYS maintain safe distance clearances around space heaters, as directed by the manufacturers’ instructions.
  • Inspect space heaters at least annually and have them repaired, as needed, by a qualified electrician.
  • Heaters that cannot be repaired must be discarded with the plug cut off to prevent inadvertent use by others.
  • Avoid placing space heaters near room thermostats.