Admissions Policy
Student Affairs Policy STAF 9.01

Information regarding policies for the Office of Undergraduate Admissions is included in the University of South Carolina Undergraduate Bulletin. For additional information, contact the Director of Undergraduate Admissions at 777-7700.

Student Affairs Policy STAF 8.11

The Career Center, located on the sixth floor of the H. William Close building, provides a wide variety of career related services to students, faculty, staff employers and alumni. All currently enrolled students, students who have been accepted for admission, and, on a limited basis, USC faculty and staff are eligible to use Career Center resources. Alumni are eligible to use the career services for a modest fee. Only currently enrolled students who meet eligibility requirements may participate in cooperative education. Students become eligible to participate in on-campus recruiting activities and USC Search, a resume referral service, two semesters before their graduation. Career Center services are available to USC System campus students under the same service delivery procedures utilized by Columbia campus students.

Student Affairs Policy STAF 8.17

In order to utilize employer services provided by the Career Center an employer must provide general information about the organization, such as products and services; job description information regarding the position for which employees are being recruited; and a signed statement on organization letterhead certifying the employer adheres to equal opportunity employment practices.

Third party organizations, such as executive search firms and/or personnel agencies may utilize Career Center services provided they release the name of their client organization to the Career Center, provide an Equal Opportunity Employment Statement from the client, and provide specific position information. Third party recruiters are prohibited from receiving resumes or interviewing for one client and referring candidates to additional clients without notifying the Career Center and the candidates and providing to the Career Center the required information for the additional clients. Third party agencies that prefer not to release client names may submit position information that will be posted in the Career Library.

All employers utilizing Career Center services are expected to adhere to the standards of professional conduct as defined by the National Association of Colleges and Employers (NACE) and abide by all common legal and ethical practices of recruiting and employment. If an employer is found to be in non-compliance with the professional, ethical, and/or legal standards of recruiting and employment, the organization will be banned from utilizing the services of the Career Center and utilizing other means on campus to recruit employees.

Student Affairs Policy STAF 8.15

Students who graduated from an accredited four year college other than USC within six months may be approved to use specific services as granted by the Associate Director of the Career Center. To obtain authorization, the graduate must submit a written request specifying which services he/she wishes to use.   Reciprocity services available on a fee basis include individual counseling sessions to deal with career and job change issues, assessment instruments and on-line resume referral/campus recruiting software (i.e., CareerConnections).  Other reciprocity services include use of the Career Library, access to on-line job listings and participation in career fairs.  All reciprocity clients are required to abide by the policies and procedures associated with these services.

Academic Affairs Policy ACAF 7.01

Introduction
The University operates and maintains a large network of computer systems ranging from large shared systems to desktop workstations connected together by networks and other communications systems of many types. Network connections are also maintained to the rest of the University campuses as well as to off-campus networks such as the Internet and BITNET.

The policy presented here applies to all computer systems of the University regardless of their operating system or manufacturer. As used in this policy statement, the term user refers to any person utilizing University computing or networking facilities. The term computer account refers to the user identification, logon/login identification, or other system specific terms issued to a user permitting access to a computer or network system.

Policy

Access to Computing Facilities

1. The facilities are made available to the faculty, staff, and students of the University, generally without charge. Facilities may also be made available to other users by special arrangement.
2. Only properly authorized persons may access USC facilities; proper authorization is provided by system administrators or their designates in the form of a computer account issued in the name of the authorized person.
3. Users may not permit any other person, including other authorized users, to access USC facilities through their personal computer account. It is recognized that in some cases it is necessary to share a computer account. For those specific cases, the account must be authorized by at least the next level of supervisory authority, and should only be used when the activities requiring the shared computer account are ongoing. All other activities must be conducted using the personal computer account.

User Responsibilities

1. In order to obtain access to a computer system, each user is responsible for supplying current information to the appropriate system administrator. This information may vary from system to system but may consist of specifying or verifying affiliation with the University or department or other related information. Providing false or misleading information for the purpose of obtaining access is a violation of University policy.
2. Each user is responsible for any and all activity initiated in or on USC facilities by their computer account.
3. Access to computing systems is provided in support of University-related activities. Commercial use unrelated to such activities is not permitted without reimbursement of all costs to the University. It is recognized that some personal use will be made of University systems, but this should be kept to a minimum.
4. Users are responsible for selecting secure passwords for their computer accounts and for keeping those passwords secret at all times. Passwords should not be written down in obvious places, stored on-line, or given to others. Passwords should never be given out to someone claiming to be a system or account administrator. These staff members have full-access privileges and do not need to know individual users’ passwords. If, for any reason, your password is divulged to another person, it should be changed immediately. Refer to the cautions at the end for additional recommendations.
5. Users are responsible for protecting their own files and data from reading and/or writing by other users, using whatever protection mechanisms are provided by the operating system in use. For microcomputer systems that lack built-in security safeguards, this may include physical isolation of the system from other users, depending upon the file contents. Users are responsible for picking up any printed output in a timely fashion to avoid theft or disposal.
6. Users are responsible for reporting any system security violation, or suspected system security violation, to the appropriate system administrator immediately.
7. Some USC facilities are made available on an unmonitored basis. It is the responsibility of every user to act in such a manner as not to cause physical damage to the equipment. Accidental damage, or damage caused by other parties, should be reported as soon as possible so that corrective action can be taken.
8. Much of the software is made available through licensing or other agreements with vendors that do not allow copying or further distribution. Copying or otherwise distributing any such software is not permitted.
9. Users attempting to gain access to systems and/or information for which they are unauthorized, or attempting to acquire the computer account and password of authorized users will be in violation of this policy.
10. Users who borrow hardware, software, or documentation from any lending collections are responsible for its proper care and for returning it in a timely fashion.
11. Users are responsible for obeying all official notices posted in terminal rooms, attached to USC equipment, and displayed in the log-on message of the day.

Sanctions
Violation of any portion of this policy may result in loss of account privileges, initiation of legal action by the University, and/or appropriate disciplinary action.

Common Recommendations Concerning Passwords
(a) Passwords should not be common words in any language, and should be at least five characters long.
(b) They should also not be closely associated with a user, such as being their name or initials in any form, the name of a child, friend or a pet.
(c) Many systems will force the periodic changing of the password. When changed, a numerical progression should not be followed (i.e. A1PLUS becomes A2PLUS).
(d) Do not use the month and year combination.
(e) When changing an account password, consider changing it on all computer systems requiring a password. This will make it easier to remember. However, if passwords on a particular system are stored without some type of encryption, they may be available to others who will then have access to all systems where you maintain an account. Where one password is used on several systems, the least secure system determines how safe your password is.
(f) One method of deriving a secure password is to think of a phrase with at least five to eight words in it that you are able to remember, and use the first, last or some other letter of each word as your password.

(published by the Computer Services Division of Libraries and Information Sciences)

These guidelines apply to you whether you are using University computers or are using your personal computer equipment while associated with the University.

Authorized Access
Only authorized users are allowed access to University computing resources.

You are responsible for any activity from your account. Do not let others use your account. Never give your password to anyone else.

Do not leave an active session unattended; always log off when you’ve completed your work.

Do not represent yourself as anyone else in email correspondence or web documents; do not imply you represent the University.

Privacy
University computing systems maintain strict safeguards to protect your privacy. Your accounts and files, however, can be compromised if you are lax in your gatekeeping!

Choose a password that will be easy for you to remember, but impossible for others to guess (a mix of letters and numbers is best, and steer clear of any word found in the dictionary). For example, the first letter of each word in an easy-to-remember phrase (Jane’s going to France next semester -- jg2fns) is a good choice. Change your password regularly!

Be advised that electronic mail should never be considered a completely secure means of communication. If your mail is addressed incorrectly it can end up in the hands of email administrators (best case) or unscrupulous others (worst case). Remember that FORWARD is a built-in function of all electronic mail packages -- anyone can easily forward your message to others. Never send anything via email you would mind seeing on the evening news!

Harassment
It is against the law and University policy to harass someone through email. Harassment is not tolerated in any form. The University gives full support to investigations of messages described as obscene, harassing, and/or threatening. Do no send or forward harassing, fraudulent, obscene, threatening, or defamatory messages or materials to anyone.

Other Legalities
Copyright, obscenity, libel, and other laws governing communication and publication apply to electronic media as well: communications that would be illegal or that would violate University policy in the “off line” world are equally illegal or in violation of University policy when they occur online.

Reasonable Use of Resources
• University resources should be used with discretion and with respect for others. University resources are shared, and should not be monopolized or used for personal gain.
• Commercial use and profit-making ventures are not permitted. Junk mail, spamming, chain letters, and sales pitches are forbidden.
• Copying or distributing proprietary software is forbidden.
• Plagiarism standards also apply to electronic media; do not copy without permission or misrepresent others’ ideas, images, or words as your own.
• Respect University equipment and systems.
• Use virus protection software (free copies are available from Computer Services) to protect yourself and others from possible malicious computer viruses.
• When transferring files via electronic mail, limit the size to approximately half-a-megabyte (this is approximately 100 pages of text); larger files can cause traffic problems and may be rejected by many email systems.
• Obtain other’s permission before forwarding mail sent to you in confidence.
• Regularly delete files and email messages you no longer need to safe system resources.
• If including email attachments, be sure your recipient can use the file format you send; not all formats are portable.
• Be courteous and careful when sending email. Sign your messages and include a subject. Proof your messages carefully to be sure they are addressed to the appropriate person(s) and are in an appropriate tone. Mail composed in haste can seem terse and offensive; a few moments rereading a message can save you embarrassment and difficulties later.

Reporting Violations
If you suspect your account has been compromised, or you feel you have been violated by others, please keep copies of all relevant electronic documents and contact Computer Services (security@sc.edu or call 777-1800) as quickly as possible. Computer Services will work with appropriate University officials to resolve any reported violations.

Consequences of Computing Abuse
Abuse of University computing systems and inappropriate electronic actions by members of the University community can result in the loss of computing privileges, initiation of legal action by the University, and/or appropriate disciplinary action.

Detailed University Computing Policies
For explicit polices related to computing and student conduct, refer to the computing policies website:
www.sc.edu/csd/policies.html

General Questions about Computing
Information on applying for University internet/email accounts, computer training, and general information on computing at the University are available from Computer Services, (803)777-1800.

General information, specifics for incoming students, and a collection of frequently asked questions are available from the Computer Services website: www.sc.edu/csd

1. The right to inspect and review the student's education records within 45 days of the day the University receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2. The right to request the amendment of the student's education records that the student believes are inaccurate or misleading.

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

If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. The University of South Carolina will disclose information from a student's education records only with the written consent of the student, except:

A. To school officials with legitimate educational interests;
A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the University has contracted to perform required functions (such an attorney, auditor, service provider, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.

B. To officials of other institutions in which the student seeks or intends to enroll provided that the student had previously requested a release of his/her record;

C. To authorized representatives of the U.S. Department of Education, U.S. Department of Defense (Solomon Amendment), U.S. Attorney General, INS, the ComptrollerGeneral of the United States, state education authorities, organizations conducting studies for or on behalf of the University, and accrediting organizations;

D. In connection with a student's application for, and receipt of, financial aid;

E. To comply with a judicial order or lawfully issued subpoena;

F. To parents of dependent students as defined by the Internal Revenue Code, Section 152;

G. To appropriate parties in a health or safety emergency; or

H. To the alleged victim of any crime of violence of the results of any disciplinary proceedings conducted by the University.

I. The University may disclose the result of a disciplinary proceeding to a parent or guardian so long as the student is under the age of 21 at the time of the incident and the proceeding has resulted in a violation of University drug or alcohol policies, or any federal, state, or local law.

             J. To students currently registered in a particular class,
             the names and email addresses of others on
             the roster may be disclosed in order to participate in
             class discussion.

The University of South Carolina has designated the following items as Directory Information: a student's name, electronic mail address, local and permanent mailing addresses and telephone numbers, semesters of attendance, enrollment status (full- or part-time), date of admission, date of expected or actual graduation, school, major and minor fields of study, whether or not currently enrolled, classification (freshman, etc.), type of degree being pursued, degrees, honors, and awards received (including scholarships and fellowships), weight and height of members of athletic teams, and whether the student has participated in officially recognized activities and sports sponsored by the University.

The University may disclose any of these items without prior written consent, unless the student has submitted a written request to the Office of the University Registrar not to release directory information pertaining to them. Requests will be processed within 24 hours after receipt. Telephone directories are published during the summer; students eligible to enroll for the upcoming fall term are listed in the printed directory unless the Office of the University Registrar is notified by May 31. The electronic directory is updated at the end of each business day; requests for non-disclosure will be honored with the next update after the request is processed by the staff of the Office of the University Registrar.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University of South Carolina to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 600 Independence Avenue, SW, Washington, DC 20202-4605.

Questions concerning this law and the University's procedures concerning release of academic information may be directed to the Office of the University Registrar at 803-777-5555.
 

Appeals

An appropriate hearing board will provide each student with an opportunity to challenge the content of University records, to ensure that the records are not inaccurate or misleading, and to provide an opportunity for the correction or deletion of any inaccurate, misleading, or otherwise inappropriate data contained therein. Such requests should be made through the Scholastic Standards and Petitions Committee of the individual colleges.

 

English Fluency in Higher Education Act

The University has established procedures to certify that all classroom activities are conducted by individuals with spoken and written proficiency in the English language at a suitable level. Student complaints concerning the English proficiency of an individual with classroom responsibilities should follow the academic grievance procedures.

Student Affairs Policy STAF 9.25

The policies governing Federal Title IV student aid programs originate from the Higher Education Act of 1965 as amended and as promulgated by the U.S. Department of Education through the Federal Register. Institutional financial aid policy is authorized by the University Scholarship and Student Financial Aid Committee.

Policies and procedures for the administration of financial aid and scholarships are maintained in the Office of Student Financial Aid and Scholarships. For additional information, contact the Director of Student Financial Aid and Scholarships at 777-8134.

Distance Learning and Instructional Services Policy DLIS 2.15

Policy
Making obscene or harassing telephone calls or electronic messages is illegal (South Carolina Code of Laws 16-17-430). Therefore, the University, through the Office of Communications and Computer Services, offers full assistance and cooperation to telephone companies and/or law enforcement agencies which are conducting investigations of phone calls or electronic messages described as obscene, harassing and/or life threatening involving any University telephone number or computer account. The Office of Communications and Computer Services acts only as a liaison to provide information and not as an investigative body.

Procedure
If the telephone call or electronic message is life threatening, immediately notify the University Police Department on the EMERGENCY TELEPHONE LINE (7-9111).

Telephone calls
1. Notice the ringing cycle to determine, if possible, whether the call comes from on or off campus.
2. Hang up immediately. Don’t argue with the offender.
3. Keep a log of the date, time and what was said.
4. Note whether the offender asks for a specific person.
5. Don’t call the phone company. Their policy is to direct you to Communications and/or the University Police Department.
6. Keep University officials (Police and Communications) informed of the progress of the calls.
7. Be willing to prosecute if an offender is identified.

Electronic Messages
1. Make a copy of offending message(s).
2. Call the University Police Department.
3. Be willing to prosecute if an offender is identified.

Student Affairs Policy STAF 3.05

No organization, registered or otherwise, officially or in fact, may participate in the activity of hazing.

Hazing is any activity undertaken by a group or organization or a member of that group or organization in which members or prospective members are subjected to activities which harass, intimidate, physically exhaust, impart pain, cause undue mental fatigue or mental distress, or which cause mutilation or alteration of the body or parts of the body. Such activities include but are not limited to, tests of endurance, submission of members or prospective members to potentially dangerous or hazardous circumstances, activities which have a foreseeable potential for resulting in personal injury, or any activity which by its nature is so profound that it would have a potential to cause severe mental anxiety, mental distress, panic, degradation, or public embarrassment.

Registered organizations and groups shall be permitted certain initiation ceremonies and activities, which when examined by the ordinary University student, would seem reasonable under the circumstances and justified in view of the purpose for which they are conducted.

It shall not constitute a defense to the charge of hazing that the participants took part voluntarily, that they voluntarily assumed the risks or hardship of the activity, or that no injury in fact was suffered.

For information on the South Carolina Hazing Law, the USC Hazing Policy, or to initiate a complaint for alleged hazing, contact the Director of Student Life (777-5782).

Student Affairs Policy STAF 1.03

The University of South Carolina recognizes AIDS (Acquired Immune Deficiency Syndrome) as a national health concern that impacts all segments of society including students. Current information provided by the Centers for Disease Control indicates that the HIV (Human Immunodeficiency Virus) is not transmitted by casual contact; therefore, University rules and regulations pertaining to student life and admission to the University shall not discriminate against students that have or may have been exposed to the HIV.

A student seeking professional help shall be offered assistance in a manner consistent with the professional ethics of the discipline offering the assistance. If administrative or medical decisions need to be made with respect to an individual student with HIV infection or AIDS the decision will be made on a case-by-case basis by appropriate University personnel. Strict confidentiality will be maintained in each case.

The Office of Disability Services is available to provide additional assistance and services for students, under provisions of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). The Section 504 and ADA coordinator for students on the Columbia campus will coordinate academic assistance and services. Students should call the Director of the Educational Support Services Center at 777-6742.

The American College Health Association has recommended that colleges provide their students with information concerning AIDS since AIDS education can help students understand how to prevent the spread of the HIV. The University of South Carolina encourages its departments and administrative areas to provide students with information where it can be done in a manner consistent with the mission of the department or administrative area.

The publications of the American College Health Association, the Centers for Disease Control, the United States Public Health Service, and the South Carolina Department of Health and Environmental Control shall be considered official reference sources for use by University of South Carolina professional staff in providing students with general AIDS information and establishing University policies and procedures. These sources shall also be used as primary reference sources when responding to general inquiries or addressing situations on the University of South Carolina campus. This policy reflects current information concerning AIDS and HIV infection. It will be revised and is subject to change as research provides more information on diagnosis, treatments and transmission. Revision will be the responsibility of the AIDS Advisory Committee.

Procedure
These facts, derived from the epidemiological data currently available, are the basis for the following guidelines that shall be the basis for implementing the University AIDS Policy.

University of South Carolina students who have AIDS or a positive HIV antibody test, whether they are symptomatic or not, should be allowed regular classroom attendance in an unrestricted manner as long as they are physically able to attend classes.

There is no medical justification for restricting the access of students with AIDS or a positive HIV antibody test to student unions, theaters, restaurants, cafeterias, snack bars, gymnasiums, swimming pools, recreational facilities, or other common areas.
In the programming of AIDS health education by the University of South Carolina, emphasis should be on the following:

1.       Even though they may be asymptomatic, persons with confirmed positive HIV antibody tests may transmit infection to others through intimate sexual contact or by exposing others to their blood; a woman with HIV infection may transmit the virus to her child before or during birth or by breast feeding.

2.       The efficacy of latex condoms in preventing infection with HIV is not absolute, but the consistent use of them in conjunction with spermicides containing nonoxynol-9 greatly reduces the chance of transmission through sexual intercourse.

3.       The sharing of needles used in the injection of illicit drugs (including steroids) is an efficient way to transmit HIV.

4.       Persons with documented HIV infection or those with behavioral risk factors for HIV infection should not donate blood, plasma, sperm, or other organs or tissues.

5.       Toothbrushes, razors, and other implements that may become contaminated with blood should not be shared.

6.       If any person has an accident involving bleeding, contaminated surfaces should be cleaned with household bleach freshly diluted one part bleach to ten parts water.

University of South Carolina students should have the opportunity to receive AIDS education information.

Consideration of the existence of AIDS or a positive HIV antibody test should not be part of the initial admission decision for those applying to attend the institution.

The University of South Carolina does not require students to respond to questions about the existence of AIDS or a positive HIV antibody test. It is, however, appropriate to encourage all students to inform campus health authorities if they have AIDS or positive HIV antibody test in order that the institution can provide them proper medical care. This, like all other medical information, must be handled in a strictly confidential manner in accordance with the procedures and requirements in effect in the institution.

The University of South Carolina does not routinely screen students for antibody HIV and does not advocate such screening. HIV testing as a part of a medical evaluation is available at the Thomson Student Health Center. HIV test results are managed in accordance with Health Center policy.

Student Health Service physicians are familiar with sources of testing for antibody HIV. HIV testing along with both pre- and post-test counseling are available through the Student Health Service.

Decisions about residential housing of students with AIDS or a positive HIV antibody test must be made on a case-by-case basis. Those making such decisions should keep in mind the fact that AIDS is a condition present in an individual, not one that inhabits a building. The best currently available medical information does not support the existence of a risk to those sharing dormitories with infected individuals; there may, however, be in some circumstances reasonable concern for the health of those with AIDS who might be exposed to certain contagious diseases (e.g., measles or chicken pox) in a close living situation. Health officers may wish to recommend that students with AIDS be assigned private rooms in the interest of protecting the health of these students. The standard additional rate for private rooms will be assessed.

Guidelines concerning the handling of confidential medical information about students with AIDS or a positive HIV antibody test follow the general standards included in the American College Health Association’s RECOMMENDED STANDARDS AND PRACTICES FOR A COLLEGE HEALTH PROGRAM and the Thomson Student Health Center medical records policies.

In general, it is recommended that no specific or detailed information concerning complaints or diagnosis be provided to faculty, administrators, or parents, without the expressed written permission of the patient in each case. This position with respect to health records is supported by amendment to the Family Education Rights and Privacy Act of 1974.

No person, group, agency, insurer, employer, or the staff member of the University of South Carolina should be provided any medical information without the prior specific written consent of the patient. Given the possibility of unintended or accidental compromise of the confidentiality of information, health officers should carefully weigh the importance of including any specific information regarding the existence of AIDS or a positive HIV antibody test in the medical records except in circumstances of medical necessity created by the evaluation of an illness.

Health officials and other institutional officers must remember that all medical information is confidential and that any unauthorized disclosure of it may create legal liability. The duty of physicians and other health care providers is to protect others only in very specific threatening circumstances. The number of people in the institution who are aware of the existence and/or identity of students or employees who have AIDS or a positive HIV antibody test should be kept to an absolute minimum, both to protect the confidentiality and privacy of the infected persons and to avoid the generation of unnecessary fear and anxiety among other students and staff.

There is no medical necessity for University officials to routinely advise others living in a dormitory of the presence in the residence halls of other students who have AIDS or a positive HIV antibody dealt with by educational programming, as discussed earlier in this statement. Similarly, University officials should make no attempt in any other setting to identify those students or employees who have AIDS or a positive HIV antibody test.

University health policy should encourage regular medical follow-up for those who have AIDS or a positive HIV antibody test. Special precautions to protect the health of immunologically compromised individuals should be considered during periods of prevalence of such contagious diseases as chicken pox and measles.

Those who are known to be immunologically compromised should be excused from institutional requirements for certain vaccinations as recommended by the CDC ACIP. Notably measles and rubella vaccines are safe, albeit somewhat less effective, in HIV infected persons.

University health services will use disposable, one-user needles and other equipment whenever such equipment will puncture the skin or mucous membranes of patients. Health care providers and other persons at risk of contact with blood and body fluids (housekeepers, athletic trainers, etc.) should use universal precautions when dealing with human blood and body fluids.

The University health service will strictly observe public health reporting requirements for HIV positive individuals. Patients who meet criteria for the definition of HIV must be reported to the state and local public health authorities. The detailed surveillance definition is included in: Centers for Disease Control: Revisions of Case Definition of AIDS for National Reporting — United States: Morbidity and Mortality Weekly Reports - update periodically.

All references to students in this policy and procedure statement apply equally to faculty, staff, and other employees.

Academic Affairs Policy ACAF 1.33

Policy
The University reserves the right to ownership of intellectual property arising out of research or other sponsored programs supported in whole or in part by grants, contracts, and other agreements from the Federal Government, or any agency thereof, or from a nonprofit or for-profit non-governmental entity, or from a gift to the University or to the Foundation of the University. In the case of federally-sponsored research, federal law (the Bayh-Dole Act) provides for University ownership of intellectual properties.

The term “intellectual property” shall be deemed to refer to items which reasonably appear to qualify for protection under the patent laws of the United States or other protective statutes, whether patentable thereunder or which appear to be commercially licensable, including other property subject to copyright, trade secret, trademark or masked works protection.

When research or work is sponsored, all contracts and agreements must be reviewed by the Office of Sponsored Programs and Research (SPAR). All contracts and agreements must contain a paragraph that sets forth the University’s rights to ownership of intellectual properties developed under such contracts and agreements.

In cases when the intellectual property paragraph deviates from the intent of the University to retain intellectual property rights, SPAR will collaborate with the Office of Technology Transfer and the faculty member(s) during the review process before the contract or agreement is finalized.

In the interest of transferring the resulting technology to the public domain, the University may grant to the sponsor a time-limited first option to negotiate a license agreement or other agreement to acquire the technology.
Whereas it is the intent of the University to adhere strictly to this policy on ownership of intellectual properties, on rare occasions or in unusual circumstances when the best interest of the University or the public good can be served, the University may consider granting an exception to this policy. The final decision rests with the Vice Provost for Research.

This policy applies to full-time and part-time faculty, all students (undergraduate, graduate, postgraduate), other agents and employees of the University and all other individuals who have made substantial use of the resources of the University.

This policy explicitly excludes any University claim to a discovery resulting from work not substantially supported by the University.

Nothing herein will conflict with any agreement between the University and the Federal Government or an outside organization.

Procedure
The University has established procedures for determining ownership, use, and equity distribution from intellectual property.

Procedures are outlined in detail in The Faculty Manual, under “Research.”

For a response to questions regarding intellectual properties, contact the Office of Technology Transfer at 803/777-9515.

Reason for Latest Revision
To clarify the role of the University in the ownership of intellectual property.

Student Affairs Policy STAF 1.01

The University of South Carolina considers it part of its educational mission to provide active support and encouragement of religious activities among its students, faculty, and staff. The aims of higher education include growth in awareness of a variety of religious commitments and practices, so that students may develop understanding of their own personal commitments, as well as respect for the commitments of others in the community. While professing no institutional preference, the University seeks to provide as much opportunity as possible for the articulation and expression of alternative and contrasting religious beliefs and practices.

As an integral part of this support and encouragement, the administration has established a policy of mutual benefit to both the University and the denominations, religions, and other religious groups sponsoring religious workers on campus. The University recognizes those persons who are properly qualified and accredited by their respective agencies. Furthermore, it extends the privilege of campus access and the opportunity to use University facilities as the recognized religious workers minister to students, faculty, and staff.

Sponsors are expected to maintain rigid standards of accreditation and high levels of professional competency for their appointed religious workers. They should ensure that their appointees have a genuine concern for the total religious life of the campus and a desire to work in harmony and cooperation with other recognized religious workers with respect for the integrity of the individual, other traditions, and the wider community of learning. Such a mutual relationship of work as this campus ministry requires, places certain obligations on both the University and the agencies providing religious workers at the University.

External Procedures
Denominations, religions, and other religious groups desiring University recognition shall submit a letter of appointment to the Vice President for Student Affairs from the appropriate national or regional organization. The letter should name the appointed religious worker and include:

• Certification that the appointee has appropriate training or ordination as required by appointing organizations;
• Indication of the ministry’s relationship, if any, to a recognized student organization;
• Agreement that the appointee will abide by University of South Carolina regulations; and
• Agreement that appointee will submit an annual report to the Chair of the University Committee on Religious Affairs and the Vice President for Student Affairs.

Internal Procedures
Upon receipt of a formal request for recognition, the petition shall be forwarded to the University Committee on Religious Affairs that shall determine whether it meets the established criteria. The criteria are:

1. Official appointment or endorsement by the appropriate national or regional organization;
2. Appropriate training or ordination as required by the religious organization;
3. Evidence of willingness to work in cooperation with the University and to abide by the University policies; and
4. Evidence of desire to work in harmony with other recognized religious workers.

In addition, the Committee will verify that the ministry being petitioned is not already represented on campus. In general not more than two persons from the same denomination, religion, or religious group will be recognized as chaplain(s) or religious counselor(s) as defined below. When two religious workers are recognized, the appointing agency should designate which person will serve as the University’s primary contact.

Following the review of a petition, the Committee will advise the Vice President for Student Affairs that the criteria have been met or identify the unmet criteria. The Vice President has authority to recognize religious workers and may choose to interview personally the candidates during the review process. The appointing agency will be notified of the approval of its petition (or criteria unmet if the petition is not favorably recommended by the Committee) by a letter from the Vice President. A copy of the letter will be sent to the President, the Chair of the Committee on Religious Affairs, the Religious Worker's Liaison, and the Chair of the Carolina Chaplain’s Association. The appointing agency may appeal a negative decision to the President.

Recognized religious workers shall be designated by the Committee as either religious workers or religious counselors as noted below:

Religious workers
1. The religious worker shall have an ecclesiastical appointment by the national or regional sponsoring body as a campus minister to the University and shall be responsible to an officer of that body or a committee established by it.
2. The religious worker shall have ordination and/or licensure by the sponsoring religious organization.
3. The religious worker shall assume responsibility for any staff associates working with his/her organization on campus.
4. The religious worker shall advise the program of a registered student religious organization or shall submit the names and signatures of ten currently enrolled students who endorse the program of the religious worker.

Religious Counselors
1. The counselors shall be appointed by the national or regional sponsoring organization as the advisor or director of the organization’s program at the University of South Carolina.
2. Each counselor shall advise the program of a registered religious organization or shall submit the names and signatures of ten currently enrolled students who endorse the program of the religious worker.
3. The counselor shall assume responsibility for any staff associates working with his/her organization on campus.
 

Recognized religious workers will be encouraged to participate in the Carolina Chaplains Association that is open to all persons recognized by the University Committee on Religious Affairs. Upon receipt of a copy of the Vice President’s letter granting recognition, the Chaplain’s Liaison will:

1. Notify the Personnel Office to authorize ID cards for religious workers, religious counselors, and staff associates.
2. Send the names of all newly recognized religious workers to:
   a. The Director of Parking and Vehicle Registration for issuance of appropriate parking decals and the Office of Communications for inclusion in the campus telephone directory; and
   b. The Chair of the Carolina Chaplains Association for invitation to participate in the Association.
3. Ensure that all newly recognized religious workers receive official University bulletins and announcements.

Privileges of Recognition
The University will grant to chaplains and religious counselors, the following rights and privileges on campus:
• Use of available University facilities as needed in their programs in accordance with usual University administrative procedures;
• Listing in appropriate University publications such as the campus telephone directory;
• Inclusion on the distribution list for official University bulletins and announcements circulated among faculty and staff;
• Access to religious preference information within the provision of the Buckley Amendment;
• Staff parking privileges on the campus; and
• Such other privileges as may be recommended by the Committee on Religious Affairs and approved by the Vice President for Student Affairs.

Responsibilities of Recognition
Recognized religious workers will accept responsibility for ministry to the religious life of the University community and the growth and development of the individual student. This responsibility obligates recognized religious workers to:
• Provide opportunity for religious instruction and worship in the tradition of the sponsoring body in a manner which contributes to the students’ moral, spiritual, and general development;
• Maintain respect for the diversity of religious commitments found in the campus community;
• Continue to work in harmony with other recognized religious workers;
• Submit annual report to the Chair of the University Committee on Religious Affairs by October 1st;
• Abide by all relevant University rules and regulations; and
• Represent high standards of personal, moral and ethical conduct on campus.

Student Affairs Policy STAF 1.09

Policy
Relationship violence, stalking, and sexual assault are related phenomena and can often occur in the same relationship. However, there are characteristics that are unique to each, and the University of South Carolina chooses to adopt separate policies in order to facilitate understanding and accessibility to resources. As a matter of policy, relationship violence, including harassment and stalking, will not be tolerated in the University community. Students are encouraged to use services provided by the Office for Sexual Health and Violence Prevention. The Office for Sexual Health and Violence Prevention (SH&VP) manages this policy.

Rationale
The University of South Carolina is an educational community bound by common standards of conduct and a commitment to its educational mission. Relationship violence is considered particularly troubling because it interferes with the educational mission by:
· Endangering the physical and emotional safety of community members;
· Damaging trust in the community;
· Offending the dignity and violating the autonomy of community members;
· Disrupting the academic progress of victims or survivors during the abusive relationship and during any subsequent attempt at recovery.

National statistics indicate that members of college communities are at significant risk of being physically, emotionally or sexually assaulted, most probably by someone known to or trusted by the victim. Studies have shown that both relationship violence and sexual assaults occur with disturbing frequency among college-age men and women but are very often unreported. In order to provide for the needs and care of victims, as well as to enforce behavior standards critical to our mission, it is important that all violations of this policy are reported to appropriate authorities, including the law enforcement officials or agencies with jurisdiction in the location of the incident.

Portions of this policy may parallel published laws, but are in no way intended to substitute or supplant those laws. As members of the University community, students are expected to comply with and abide by the University policies and guidelines, in addition to federal, state, and local laws whether off campus or on-campus. The use of alcohol and other drugs in conjunction with an incident of relationship violence does not mitigate accountability for the commission of these acts or diminish the seriousness of the offense.

University Definition
Relationship Violence: For the purposes of this policy and related procedures, the term RELATIONSHIP VIOLENCE is defined as: (1) Physical behavior (e.g. slapping, pulling hair, punching); (2) Threats of abuse (e.g. threatening to hit, harm or use a weapon on another, or other forms of verbal abuse); and (3) Emotional abuse (e.g. harassment) directed toward a current or former partner or spouse.

Also addressed by this policy is STALKING which is defined as a pattern of conduct that is intended to cause or does cause a person to fear: (1) Death or death of others important to that person; (2) Assault or assault of others important to that person; (3) Bodily injury or bodily injury of others important to that person; (4) Sexual assault or sexual assault of others important to that person; (5) Involuntary restraint or involuntary restraint of others important to that person; (6) Damage to property or damage to property of others important to that person; (7) Confinement or confinement of others important to that person, (8) Threats of harassment via electronic devices (e.g. e-mail, phone, fax). The relationship between the perpetrator and the victim may be a current or former partner or spouse, dating relationship, acquaintance, or stranger.

Criminal Definition
The South Carolina Code (SC Code Ann. Sec. 20-4-20, & 16-25-10) defines domestic abuse as “physical harm, bodily injury, assault or the threat of physical harm” directed toward “persons who have a child in common, and persons cohabiting or formerly cohabiting.” Given the nature of the University community, we choose to expand this definition of “domestic” to also include current or former dating relationships.

The South Carolina State Code (SC Code Ann, Sec. 16-3-1700) defines harassment as a “pattern of intentional, substantial and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in their position to suffer mental distress.” The law describes the punishment associated with a harassment conviction. Harassment is a Class B Misdemeanor and punishment can range from a $200 fine and 30 days in jail up to a $1,000 fine and not more than 1 year in jail.

The South Carolina State Code (SC Code Sec. 16-3-1700) defines stalking as a “pattern of words or conduct that is intended to cause, and does cause, a targeted person and would cause a reasonable person in the targeted person’s position to fear: (a) Death of the person or others important to that person; (b) Assault upon the person or others important to that person; (c) Bodily injury to the person or others important to that person; (d) Criminal sexual contact on the person or others important to that person; (e) Confinement of the person or others important to that person; and (f) Damage to the property of the person or others important to that person.”

The law describes the punishment associated with a stalking conviction. Stalking can be charged as a Class B Misdemeanor with punishment of a fine not more than $500 and imprisonment of not more than 30 days. Additionally, anyone convicted of two violations must be fined not more than $3,000 and imprisoned not more than 3 years, or both. Stalking can range from a Class B Misdemeanor to a Class D Felony with punishment of a fine not to exceed $1,000 and imprisonment of not more than 1 year to a fine of $10,000 and imprisonment of up to 15 years.

Immediate Response and Reporting
Victims of relationship violence and sexual assault/battery are encouraged to report the incident to law enforcement agencies and contact the Office for Sexual Health and Violence Prevention. University personnel should always encourage victims to report and fully disclose incident(s) of relationship violence to the police. If the victim is sexually assaulted, he/she is strongly urged to go through the rape protocol exam for medical attention and for the purpose of preserving important physical evidence of the assault. This evidence may be used if the victim chooses to pursue legal prosecution at a later date. The rape protocol exam should be completed as soon as possible. However physical evidence can be obtained up to 72 hours after the assault. It is also possible that other evidence can be collected beyond this time.

A victim/survivor may also choose to file a report with the University’s Office of Student Judicial Programs. An explanation of this procedure can be obtained by calling 777-4333. The discipline procedures are also described in a separate section below and published in the Carolina Community.

University community members are strongly encouraged to report incidents of relationship violence given the potential harm to persons, violations of community standards, and the need to monitor the campus climate. Any member of the university community may file an anonymous report that does not identify the parties involved with the Office for Sexual Health and Violence Prevention. This report may be filed regardless of any legal or university disciplinary action. This report provides University staff with information about the incident that may be valuable in their efforts to prevent future incidents and to educate other students about high-risk situations. Members of the university community who have knowledge about either an abusive incident or a sexual assault are strongly encouraged to file a report with the Office for Sexual Health and Violence Prevention, even if they opt not to identify the parties involved.

Victim’s Bill of Rights

• All students have the right to an environment free from physical assault, emotional abuse, sexual intimidation, or any behaviors that interfere with students attaining their educational goals.
• In keeping with spirit of the State of South Carolina’s Act 141: Victim and Witness Services, Victims of relationship violence who report their experience to University officials can anticipate that . . .
• University personnel will treat all incidents of relationship violence seriously.
• Victims will be treated with dignity and respect.
• Victims will be treated in a non-judgmental manner.
• Campus organizations and services that can assist victims will be identified.
• When a crime is reported to University officials, those officials will offer assistance in notifying proper authorities.
• In a student judicial hearing, the University brings allegations against the accused, and the victim assumes the role of a witness to the allegations.
• When a victim reports an incident of relationship violence and action is pursued against the alleged assailant, the incident will be investigated and adjudicated by appropriate criminal and/or University authorities.
• Victims have the choice to have an advocate accompany them through University disciplinary proceedings.
• A victim will be notified of the progress of the case, including initial contact with the alleged assailant and outcomes related to University discipline proceedings. Concerning these outcomes, the victim and charged student must respect the privacy rights of all involved.
• University personnel will cooperate in obtaining, securing and maintaining evidence (including a medical examination), necessary in legal proceedings.
• Victims will be informed of counseling services available.
• Victims can request immediate on-campus housing relocation, transfer of classes, or other steps to prevent unnecessary or unwanted contact or proximity to an alleged assailant. When possible, requests will be accommodated.

Discipline Policies and Procedures for Victim and/or Witness(es)
In publishing this policy the University does not intend to substitute or supersede related civil and criminal law. It is the policy of the institution to strongly encourage victims to report all incidents and violations to the law enforcement officials or agencies with appropriate jurisdiction and avail themselves of all the services and rights to which they are entitled by law.

Witnesses to or victims of any of the above-described misconduct may wish to contact the Office of Student Judicial Programs, if the accused party is a USC student. In this event, officials from that office will meet with the victim or witness to discuss the report and determine whether there is reason to believe a conduct code offense has occurred. At the same time, discipline procedures will be explained to the victim or witness, including the role of the victim, the witness, the accused, and the University. Also, possible resolutions will be explored. The victim will be notified about the progress of the investigation, including but not limited to the initial meeting with the alleged assailant.

During this initial meeting an investigative interview may be conducted. At the victim’s request or with his/her permission, an advisor, counselor, parent, friend, attorney, or a staff member with Sexual Health and Violence Prevention may attend this interview. The University representative will answer questions and provide general information about alternative options available to the victim or witness, including civil and criminal options. With the victim’s permission, the USC Police Department’s Victim/Witness Coordinator or a designee may also be present at the interview.

In accordance with the Victim’s Bill of Rights, if it is determined that there exists sufficient reason to believe a violation of a University policy has occurred, disciplinary procedures may be initiated. It is important to note that special accommodations can be made to facilitate victim-involvement in the student judicial proceedings. For example, the victim has the option to remain in the room during the entire student judicial hearing. Additional accommodations may include indirect questioning, special seating arrangements, etc.

It should be understood that victims and witnesses are not initiating Student Code of Conduct charges; the University is considered the complainant, and is responsible for continuing the investigative process. Victims and witnesses will be asked to contribute testimony and information to assist in the resolution of the complaint, as outlined in the Carolina Community. It should be reiterated that, consistent with the Victim’s Bill of Rights, the victim has the right to withdraw from the investigation at any time. Charges can be investigated on the basis of either a statement of relationship violence from the victim or a witness’s statement or complaint (i.e. residence hall staff, police, faculty, staff, and another student). The university may proceed with disciplinary action even when the alleged victim voluntarily chooses not to participate in the process. Additional questions or concerns regarding disciplinary proceedings should be directly addressed to the Office of Student Judicial Programs (777-4333).

Discipline Policies and Procedures for the Accused
At the beginning of the discipline process, individuals thought to have relevant information, including the accused, will be contacted and interviewed by a University official from the Office of Student Judicial Programs or a designee. If sufficient information is gathered to determine that there are reasonable grounds to proceed with the discipline process, charges will be filed under the Student Code of Conduct found in the Carolina Community.

Rights and services for accused student(s):

1.       Rights:
• The right to know the nature and source of the evidence used in the hearing process.
• The right to choose whether the case is heard by an Administrative or University Conduct Hearing.
• The right to present witnesses and material evidence relevant to the case.
• The right to an attorney or advisor to aid in the preparation and presentation of the case.

2.       Services:
• Access to services from the Counseling and Human Development Center and Thomson Student Health Center.
• Voluntary residence hall relocation when available.
• Consultation with an administrator on academic support services and referrals to community resources when appropriate.
• When appropriate and feasible, the Office of Student Judicial Programs may expedite access to campus and community resources on behalf of the charged student.

Accused parties should refer to the appropriate section of the Carolina Community, “Options for Resolution of Disciplinary Charges,” for information on their rights, responsibilities and the discipline procedures. Additionally, accused parties should refer to the section regarding the Victim’s Bill of Rights, to gain an understanding of the rights of victims of relationship violence.

Further questions or concerns on the part of the accused student should be directed to the Office of Student Judicial Programs (777-4333). Current community resources can be accessed by contacting South Carolina Coalition Against Domestic Violence and Sexual Assault at 256-2900.

Additional Information
For additional information on specific referrals, please refer to the Carolina Community. Campus resources include the University’s Victim/Witness Coordinator (777-8400), University Police (777-4215), the Office of Student Judicial programs (777-4333), the Office of Residence Life (777-4129), the Counseling and Human Development Center (777-5223), and Office for Sexual Health and Violence Prevention (Business Hours: 777-8248 and Emergency Evening Hours: 777-7619).

Student Affairs Policy STAF 1.08

As a matter of policy, the faculty, staff and students that comprise the University community will not tolerate sexual assault.

Services
The Office for Sexual Health and Violence Prevention, which may be utilized by all members of the University, is located on the lower level of the Thomson Student Health Center and may be contacted at 777-8248 (business hours)  or 777-7619 (emergency evening hours). This office can assist members of the University community with identifying resources for victims/survivors, crisis intervention, judicial processes, and providing educational programs. This office can also assist in coordinating all other services listed throughout this policy, eliminating the need for victims to make several phone calls.

Rationale
The University of South Carolina is an educational community bound by common standards of conduct and a commitment to its educational mission. Sexual assault is considered particularly abhorrent because it interferes with the educational mission by:
• endangering the physical and emotional safety of community members;
• damaging trust in the community;
• offending the dignity and violating the autonomy of community members; and
• disrupting the academic progress of victims or survivors during their recovery.

As a result the University provides the following services:
• resources aimed at reducing the risk of sexual assault, including educational programs for men and women;
• a statement of expectations for behavior with regard to sexual conduct;
• procedural interventions to offer support and information following a sexual assault; and
• campus judicial procedures that provide for the needs of victims or survivors and protect the rights of alleged assailants.

Statistically, members of college communities are at great risk of being assaulted or exploited sexually and most probably by someone known to or trusted by the victim. Studies have shown that sexual assaults occur with disturbing frequency among college age men and women but are very often unreported. In order to provide for the needs and care of victims, as well as to enforce the behavior standards critical to the University’s mission, it is important that all violations of this policy are reported to appropriate authorities, including the law enforcement officials or agencies with jurisdiction in the location of the incident.

Portions of this policy may parallel published laws, but are in no way intended to substitute or supplant those laws. As members of the University community, students are expected to comply with and abide by the University policies and guidelines issued below, as well as the laws of the State of South Carolina.

The use of alcohol and other drugs, in conjunction with an incident of sexual assault, does not mitigate accountability for the commission of this crime or diminish the seriousness of the crime. The use of a substance with the possibility of harm to another individual will be considered by the Administrative Hearing Officer, Carolina Student Judicial Council, or pre-hearing Adjudication Officer when determining responsibility and appropriate sanctions.

This policy is subject to change to comply with changes in relevant laws or University operating procedures.

Victim’s Bill of Rights
Victims of sexual assault who report their experience to University officials can anticipate that:

1. All sexual assaults will be treated seriously.
2. Victims will be treated with dignity and respect and in a non-judgmental manner.
3. Campus organizations and services that can assist victims will be identified.
4. When a crime is reported to University officials, those officials will offer assistance in notifying proper authorities.
5. When victims report and choose to pursue action against alleged assailants, assaults will be investigated and adjudicated by appropriate criminal and/or University authorities.
6. University personnel will not discourage victims from reporting, nor encourage them to under-report or report the incident as a lesser crime.
7. Victims may invite an advisor they choose to accompany them through University disciplinary proceedings.
8. A victim will be notified of the outcome of related University discipline proceedings. The victim and the charged student must respect the privacy of all involved.
9. University personnel will cooperate in obtaining, securing and maintaining evidence (including a medical examination), necessary in legal proceedings.
10. Victims will be made aware of any State or Federal laws regarding mandatory testing of sexual assault suspects for communicable disease and whether these professionals can notify a victim of the results of these tests.
11. Victims will be informed of mental health services available.
12. Victims will be afforded the opportunity to request immediate on-campus housing relocation, transfer of classes, or other steps to prevent unnecessary or unwanted contact or proximity to an alleged assailant when reasonably available.
13. All students have the right to an environment free from sexual or physical intimidation, or any continuing disruptive behavior, by persons sharing rooms or their guests, that would prevent a reasonable person from attaining their educational goals. Disruptive behavior of this nature should be reported to appropriate University staff, so it can be addressed.
14. The sexual history of the victim is not considered relevant to the truth of the allegation; therefore, information regarding sexual history external to the relationship between the victim and the alleged assailant will not be considered in discipline hearings.

University Definition
For the purposes of this policy and related procedures, the term sexual assault is defined as one or more of the following:

1. Offensive Touching Sexual Assault - the touching of an unwilling or non-consensual person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth, and/or clothes, covering them); touching an unwilling person with one’s own intimate parts: or forcing an unwilling person to touch another’s intimate parts.

2. Non-consensual Sexual Assault - unwilling or non-consensual penetration of any bodily opening with any object or body part. This includes, but is not limited to, penetration of a bodily opening without consent through the use of coercion.

3. Forced Sexual Assault - unwilling or non-consensual penetration of any bodily opening with any object or body part that is committed either by force, threat, intimidation, or through exploitation of another’s mental or physical condition of which the assailant was aware or should have been aware.

Healthy sexual activities involve mutually expressed consent. Consent is defined as follows:

*Both individuals are physically free and capable to act
*Both individuals are willing and clear about their intent to engage in sexual activities      *Silence may not in and of itself constitute consent
*Past consent of sexual activities does not imply ongoing future consent

Providing or making available to a victim, and/or using any substance (e.g. alcohol, GHB, rohypnol, etc.) will be considered by the Administrative Hearing Officer, Carolina Student Judicial Council, or pre-hearing Adjudication Officer when determining responsibility and appropriate sanction. Use of these substances in violating this policy may constitute “Forced Sexual Assault” and result in expulsion from the University. In addition, the use of these substances by an alleged assailant may constitute violation of other University policies, and the student may be charged with these violations as well (e.g. Drugs, Harm to Persons, Disorderly Conduct, Disruptive Activity, Alcohol, etc).

The use of alcohol and other drugs by either party, in conjunction with an incident of sexual assault, does not mitigate accountability for the commission of this offense or diminish the seriousness of the offense.

USC conduct regulations and disciplinary procedures consider abetting or being an accessory to any act prohibited by the general conduct regulations the same as a completed violation.

USC conduct regulations incorporate this definition by obliging students to comply with all published policies and procedures of the University. (See University Policies and Procedures section). Behaviors prohibited by this policy may also be prohibited by the general conduct regulations. These include but are not limited to: “Compliance with General Laws”, which requires students to comply with all published state, federal, and local laws; “Harm to Persons”, “Disorderly Conduct”, defined to include behaviors that unnecessarily disturb others, including unwelcome physical contact and/or threatening behavior; and/or which includes action which results in or has the potential for physically harming another person.

This policy is subject to change to comply with changes in relevant laws of University operating procedures. Please see the USC web page for the most recent updates.

Criminal Definition
As noted above, in publishing this policy the University is not intending to substitute or supersede related civil and criminal law. It is the policy of the institution to strongly encourage victims to report all incidents and violations to the law enforcement officials or agencies with appropriate jurisdiction and avail themselves of all the services and rights to which they are entitled by law.

It should be clearly understood that there is a fundamental difference between the nature and purpose of student discipline and criminal law. Regardless of the charge issued or procedures employed, sanctions issued by the University can be expected to be consistent with the educational mission of the institution.

According to USC’s Arrest Policy, students who are apprehended and charged by law enforcement agencies with felony criminal charges off campus are required to inform University officials. The University may bring disciplinary action against the student for the same incident if the alleged conduct is prohibited by the institution and/or if it is judged to be adverse to the recognized mission of the institution. University disciplinary procedures should be considered distinct and independent of any and all criminal procedures. Discipline procedures may precede, occur simultaneously, or follow and consider the results of court action. When necessary, temporary action may be taken in the form of summarily suspending, summarily restricting, or officially requesting no contact between the victim and assailant, as well as possible relocation or removal from the residence halls. Any of these measures may result in a student’s restricted participation in University events outside attendance of classes and appointments related to the resolution of discipline matters.

At this printing, the South Carolina State Code (SC Code Ann. Sec. 16-3-651 to 16-3-654) defines criminal sexual conduct, which includes rape, as “sexual intercourse, cunnilingus, fellatio, anal intercourse, and any intrusion, however slight, into anal or genital openings, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.” (SC Code Ann. Sec. 16-3-651)

The law goes on to describe three degrees of criminal sexual conduct:

First degree criminal sexual conduct involves a sexual contact (battery) using aggravated force, and/or in association with another crime such as kidnapping, robbery, extortion and burglary. First degree criminal sexual conduct is a felony and is punishable by imprisonment for up to 30 years.

Second degree criminal sexual conduct involves batteries accomplished or attempted with aggravated coercion. Batteries involving an assailant in a position of authority over the victim is also considered second degree criminal sexual conduct. Criminal sexual conduct in the second degree may be punished by up to 20 years imprisonment.

Third degree criminal sexual conduct involves batteries where force or coercion is used and/or the assailant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless, even though aggravated coercion is not used. Third degree criminal sexual conduct is a felony and punishable by up to 10 years in prison.

Immediate Care and Treatment Procedures for Victim
If an assault takes place on-campus: contact University police at 777-9111 or the Office for Sexual Health & Violence Prevention (SH&VP) at 777-8248 (business hour) or 777-7619 (emergency evening hours). SH&VP provides services for USC students who are survivors of sexual assault.  If an assault takes place off-campus: contact area police at 911 or SH&VP at 777-8248 (business hours) or 777-7619 (emergency evening hours).  Sexual Trauma Services (STS) of the Midlands is the community rape crisis center and is also available to assist survivors of sexual assault.  STS can be reached by calling 771-7273.  The Office for Sexual Health & Violence Prevention may refer on-call services to STS from time to time dependent upon staffing. 

If the sexual assault occurred within 72 hours, a rape protocol exam can still be administered at local hospitals.  However, the sooner a sexual assault is reported, the more likely evidence will still be present. To help preserve evidence, the victim is encouraged not to:
• bathe or douche.
• urinate.
• drink any liquids.
• If oral contact has occurred, the victim is encouraged to refrain from smoking, eating or brushing their teeth.
• If clothes are changed, soiled clothes should be placed in a paper bag (plastic destroys crucial evidence).  

University Police may transport the victim to an area hospital for medical attention and a rape protocol exam. USC Police will also contact the on-call advocate from the Office for Sexual Health & Violence Prevention to accompany the survivor at the hospital and provide options.  If the victim does not want to contact the police immediately, a friend or relative may transport the student to the hospital. The hospital staff may also contact the University Police and/or the police where the incident occurred, once the survivor arrives at the hospital.  If the victim chooses, the Office for Sexual Health & Violence Prevention advocate will assist the victim throughout the criminal process and inform the survivor of services available to them.  University Law Enforcement and Safety also has a Victim Witness Coordinator who can assist survivors with restraining orders, orders of protection and other legal advocacy services.

Medical attention is crucial to assess possible internal injuries or sexually transmitted diseases, as well as to collect medical evidence should the victim/survivor choose to pursue prosecution. The police will be contacted by the hospital to take possession of evidence collected while the victim/ survivor makes a decision about whether to pursue charges.

If a victim chooses not to go to a hospital, the victim is strongly urged to seek appropriate medical attention. The Thomson Student Health Center on provides quality, confidential medical services, or a victim may choose to visit another physician. Male survivors are provided care in the campus General Medical Clinic (777-3175) and female survivors receive services in the Women’s Care Clinic (777-6816)

Follow-up and Recovery Services for Victim
Research has shown that follow-up counseling is of significant benefit to a victim/survivor of sexual assault and/or related trauma. This counseling may be initiated at any time after an assault (from hours to years). On-or off-campus counseling and other services are available to a student victim whether the crime was reported or prosecuted.

• The Office for Sexual Health & Violence Prevention is located in the Lower Level of the Thomson Student Health Center. This office will assist victims in locating appropriate resources after a sexual assault. This office can also assist in coordinating all other services listed, eliminating the need for victims to make several phone calls. The office also provides education to students, staff, and faculty on the issues surrounding sexual assault by offering trainings, presentations, and campaigns, and resource information. The phone number is 777-8248 (business hours) and 777-7619 (emergency evening hours).
• The Sexual Trauma Services of the Midlands is an off-campus resource that provides short-term counseling, as well as crisis intervention. Services are provided for all victims, no matter when the assault occurred. The 24-hour hotline number is 771-7273.
• The Counseling and Human Development Center is an on-campus resource that provides up to 12 free counseling visits per year to students, and more visits on a fee-for-service basis. The phone number is 777-5223.
• The USC Law Enforcement and Safety Victim/Witness Coordinator will provide on-going assistance in pursuing criminal prosecution and financial services provided by the state. The phone number is 777-8400. This person can also put a victim/survivor in touch with other local Victim/Witness Coordinators.
• University Housing is available to assist a victim with housing needs, such as relocation. They also have trained professional staff who can assist the victim in locating assistance and services needed. They can be reached at 777-2481.
• The Office of Student Judicial Programs can assist a victim with filing a discipline complaint. The phone number is 777-4333.
• South Carolina Bar Association, Lawyer Referral Service, can assist victims in finding an attorney to represent them in civil and criminal proceedings. The phone number is 1-800-868-2284 or 799-7100.

Follow-up Services for Accused Party
Follow-up counseling may be of significant benefit to an accused party. On-or off-campus counseling and other services are available to an accused party whether or not the crime was reported or prosecuted.

• The Counseling and Human Development Center is an on-campus resource that provides up to 12 free counseling visits per year to students, and more visits on a fee-for-service basis. The phone number is 777-5223.
• The Domestic Abuse Center is located at 1300 Pickens Street. This office provides individual and group counseling for men and women who abuse their partners and community education and awareness. The phone number is 256-0468.
• University Housing is available to assist an accused party with housing needs, such as relocation, etc. Trained professional staff can assist the accused party in locating assistance and services needed. They can be reached at 777-2481.
• The Office of Student Judicial Programs handles the investigation and resolution of discipline complaints. The phone number is 777-4333.
• South Carolina Bar Association, Lawyer Referral Service, can assist accused parties in finding an attorney to represent them in civil and criminal proceedings. The phone number is 1-800-868-2284 or 799-7100.

Reporting
All victims of sexual assault/battery are encouraged to report the incident to law enforcement agencies. Regardless of whether the victim chooses to immediately involve law enforcement officials, the victim is strongly urged to go through the rape protocol exam for medical attention and for the purpose of preserving important physical evidence of the assault, which may be used if the victim chooses to pursue legal prosecution at a later date. The rape protocol exam should be done as soon as possible. Physical evidence can be obtained up to 72 hours after the assault, recognizing that as time passes, the quality of the evidence diminishes.

A victim/survivor may also choose to file a report to the University’s Office of Student Judicial Programs. An explanation of this procedure can be obtained by calling 777-4333. The discipline procedures are also described in a separate section below and published in the Carolina Community.

Whether legal or disciplinary action is desired, an anonymous report may be filed, at any time, with the Office for Sexual Health & Violence Prevention. This report provides University staff with information about the crime that may be valuable in their efforts to prevent future crimes and educate other students about high risk areas.

University officials who have knowledge about an assault are required to file an anonymous report with the Office for Sexual Health & Violence Prevention, 777-8248 (business hours), in addition to supporting the victim/survivor and referring that person to campus resources.

Discipline Policies and Procedures for Accused Party
To begin discipline procedures, individuals thought to have relevant information or testimony, including the accused party, will be contacted and interviewed by appropriate University officials. If sufficient information is available to conclude there is reason to believe, or “reasonable grounds” to do so, the University will issue charges from the general conduct regulations and offer the accused party opportunity to choose from among three possible hearing formats.

The accused party may choose a pre-hearing adjudication, in which the charged party or parties accept responsibility for the charge(s) and request to have sanctions determined by a hearing authority without a formal hearing.

Alternatively, the accused party may choose an administrative hearing, in which a University official is authorized to consider testimony and act as hearing officer, deciding whether the accused is responsible for the charge(s) as issued, and what the University response or sanction, if indicated, should be.

Also available to charged students is a hearing before the Carolina Student Judicial Council, a group of faculty, staff and students who are trained and authorized to conduct hearings to determine responsibility and appropriate sanctions.

In each of these hearing formats, the burden of proof shall be on the University as the complaining party. Decisions regarding responsibility of charges shall be based on a “preponderance of evidence” standard, meaning responsibility does not have to be proven beyond a shadow of doubt. The University need only demonstrate that the charged student is more likely than not responsible for the charge(s).

In these investigative hearings, regardless of the format chosen, hearing officers or Judicial Council members will not be restricted from testimony by technical rules of evidence. Charged students are assured a right of access to a list of witnesses invited to testify, as well as an opportunity to review all available physical and documentary evidence to be presented at the hearing. In these informal, non-adversarial hearings, there is no formal cross examination. Charged students are, however, entitled to question and rebut any evidence presented. In order to conduct a fair, orderly hearing, reasonable accommodations may be made in hearing procedures, such as indirect questioning, or special seating arrangements in the hearing room. Both the charged student and the victim may be accompanied by an advisor of their choice and remain present while all testimony is presented.

Should a hearing authority determine a student is responsible for the charges issued, it will ask the Office of Student Judicial Programs personnel about the student’s disciplinary history, then adjourn again to determine what sanctions are appropriate to the circumstances and individual. The hearing officers will attempt to respond in a manner that best provides for the educational goals of the process. Possible sanctions include permanent suspension, suspension for a period of time, suspension held in abeyance, disciplinary probation, restitution, an official warning, or any combination of these. Conditions, restrictions or specific prohibitions may be issued with or attached to any of these sanctions.

Educational Resources
The following offices within the University of South Carolina and the Columbia community provide a variety of educational offerings. There are many videotapes, books, brochures, and periodicals that are available for viewing and/or check-out. There are also several special events that take place during the year that focus on sexual assault and safety issues. Please see the following list.

 

On-Campus:

·        Sexual Health & Violence Prevention, Thomson Student Health Center, 777-8248 (business hours) or 777-7619 (emergency evening hours).

·        Law Enforcement & Safety, 1501 Senate Street, 777-8400

·        University Police Department, 1501 Senate Street, 777-4215, 777-9111(emergency)

·        University Housing, 1215 Blossom Street, 777-4129

·        Counseling and Human Development Center, Byrnes Building, 7th Floor, 777-5223

·        Office of Alcohol and Drug Programs, Russell House, 2nd Floor, 777-6688

·        Office of Greek Life, Lower Level, Russell House, 777-5780

·        Safe Zone (BGLTQ ally program), Office for Sexual Health & Violence Prevention, Thomson Student Health Center, Lower Level, 777-8248

·        Office of Student Judicial Programs, Byrnes Building, 2^nd Floor, 777-4333

 Off Campus: 

·        Sexual Trauma Services of the Midlands, 2001-D Greene Street, 771-7273

·        Sistercare, Inc. (Women’s Domestic Abuse Center) 765-9428

• Domestic Abuse Center (Male & Female Abuser Program), 1300 Pickens Street,        256-0468

Equal Opportunity Programs Policy EOP 1.02

Policy
Academic and employment discrimination on the basis of race, color, religion, national origin, gender, age, and disabling conditions violates federal law, state law and University policy. “Sexual harassment” is a particular form of gender discrimination, distinctive in both characterist