D&E Student Handbook, 2008-2009

The Davis & Elkins College Student Handbook is intended to provide relevant information to D&E students. The information herein is as accurate and up-to-date as possible, but this does not preclude the possibility of changes taking place during the academic year. Changes to the handbook will be shared with the campus community as they occur.

Student Rights and Responsibilities

Family Educational Rights and Privacy Act (FERPA) Davis & Elkins College complies with the provisions of the Family Educational Rights and Privacy Act of 1974. This act protects the privacy of educational records, establishes the right of students to inspect and review their educational records, and provides guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Copies of the policy established by the College in compliance with the Act are available in the Office of the Registrar.

Notice to All Students Regarding FERPA

Davis & Elkins College discloses "Directory Information" about our students throughout the year. This information consists of such items as name, address, major, dates of attendance, date of birth, phone numbers, participation in sports and activities, degrees and awards received, photographs, etc. Under provisions of the Family Education Rights and Privacy Act (FERPA), you may withhold disclosure of "Directory Information."

If you wish to have this informaiton withheld, complete the necessary form in the Office of the Registrar between August 26 and September 2. Forms may be completed after September 2, but the College cannot be responsible for information released prior to the completion of the form. The "Prevent Disclosure of Information" form will explain the consequences of withholding your "Directory Information" and transaction by transaction release of information.

The Act also permits disclosure of information from students' education records, without the written consent of students, to parents of a dependent student as defined in Section 152 of Internal Revenue Code of 1954, as amended. Davis & Elkins College considers all students less than 24 years of age as "dependent" for purposes of disclosure of information unless students complete a form in the Registrar's Office and provide appropriate documentation that they are "independent" of their parents for federal income tax purposes. Students need to give such written notification only once.

Privacy of Student Records 
In compliance with the Family Education Rights and Privacy Act of 1974 (the Buckley Amendment), Davis & Elkins College has interpreted this law for implementation as follows:

• Student = an individual currently or previously matriculated at D&E.
• Student records = files, documents, or other materials that contain information directly related to a student which are maintained by the College or by a person acting for the College.
• Directory information = information about students that is routinely released in the form of a directory or to those who inquire. D&E considers directory information to include the following: student’s full name, addresses (permanent, campus and local), telephone numbers, date of birth and citizenship, major, participation in officially recognized activities (e.g., athletics, theatre, music), enrollment status, photograph, weight and height of members of athletic teams, dates of attendance, degrees awarded and awards received, most recent previous school attended, classification.
• Non-directory information = information other than that above and that is only released to the student, parents in some cases, and College employees who need the information to do their jobs. Specific non-directory information includes grades, class schedule, financial information, social security number, student identification number,
  nationality, ethnicity, race, gender, academic standing (Probation, Dismissal).

An annual notification is distributed to all students via U.S. Mail and is available online and in the Registrar’s Office. This tells students their rights including:

• Students may review their records. (Note: notes belonging to a professor or staff member and intended for the professor/staff member’s own use are not subject to review by the student – unless the information is disclosed to someone else in the
  institution.)
• D&E will release “Directory Information” unless a student submits a form that
  prevents us from doing so. Forms are available in the Registrar’s Office.
• D&E considers unmarried students under the age of 24 to be a dependent of their
  parents – and therefore will release directory and non-directory information to their
  parents. A student under 24 may claim to be independent and must provide legal documentation of this status. If they are in fact independent then non-directory information would not be released to their parents.

To prevent the disclosure of non-directory as well as directory information any student,
regardless of age, may sign a form limiting such disclosure – including parents.

Statement of Non-Discrimination Davis & Elkins College is committed to assuring equal opportunity to all persons and does not discriminate on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, age, or handicap in its educational programs, activities, admissions, or employment practices as required by Title IX of the Educational Amendment of 1972, Section 504 of the Act of 1973 and other applicable statutes.   Inquiries concerning Title IX should be referred to the College Title IX Coordinator, Amrit Rayfield, Memorial Gymnasium, Davis & Elkins College, 100 Campus Drive, Elkins, WV 26241, telephone (304) 637-1252. Scott Goddard , Section 504 Coordinator, can be reached at Davis & Elkins College, 100 Campus Drive, Elkins, WV 26241.  

Campus Organizations

There are many ways for students to get involved at Davis & Elkins College.  Joining campus clubs and organizations can be fun and personally rewarding. These groups can provide excellent out of class learning experiences as well as opportunities for developing lasting friendships.

In order for an organization to be officially recognized, the organization must be approved by the Student Assembly. All approved organizations must maintain an accurate list of its officers and members with the Student Assembly Executive Board.  Members of any organization must maintain a 2.0 cumulative grade point average. Only students in good academic and social standing are eligible to represent the College in an official capacity. For more information, call the Student Assembly Office at 637-1203 or go to the Student Organizations page on this Web site.

Leadership Positions

Providing leadership for an organization requires a great deal of time and energy. Students should be careful to retain a proper balance between academic and extracurricular activities. Should a student fall below acceptable standards they will be asked to step down from certain leadership positions (any governing organizations or media groups). Students must remain in good standing (defined as a 2.0 or better with a full academic load) for each semester of service to retain the leadership position.

Greek System The Greek System at Davis & Elkins College is currently made up of two Fraternities and one Sorority. The governing bodies for the Greek system are the Inter-Fraternity Council (IFC) and the Panhellenic Council (Panhel). 

Each group has equal representation on their respective council. Each council meets regularly and at times together as one group.  These councils operate on the ideals of promoting cooperation and unification in matters of individual, College, and community benefit. The IFC and Panhel work together to foster a sense of Greek pride and unity.

All active members must maintain a minimum CGPA of 2.0. In addition, students interested in pledging must have a minimum CGPA of 2.0 to receive a bid. "Pledges" must maintain a 2.0 GPA at the end of the semester of pledging to be eligible for activation. More information on specific groups and their requirements for membership can be obtained from the Office of Student Life.

STATEMENT ON PLEDGING
Pledging is a crucial component of the Greek experience. These first experiences a person has as a member of a Greek organization will determine the value and significance of that commitment for each individual.  Because pledging is so crucial, we believe each organization must invest a great deal of effort and planning a pledge program which is a positive experience for both actives and pledges.

The ultimate goal of a pledge program is the integration of the pledge into the organization.  Thus, the program should be designed to create a fully functioning member at the time of initiation. The program should not be designed to test a pledge's desire to become a member or their worthiness to represent the organization.

Rush and pledge activities shall not exceed a maximum of eight weeks, specific dates to be determined by the IFC and Panhel.

The College assumes no legal responsibility for injuries or other damages suffered by students in any activity on or off the campus or in travel to and from such activities or for any related expense incurred.

Residence Life

Residential Living Rights & Responsibilities

Housing PolicyAll full-time students are expected to live on campus. Exceptions to this policy are those living at home with their parent(s), married students, independent-status students over 21 years of age, and those with special handicaps.

Application to live off campus is to be made through the Student Life Office. Approval to live off campus may be granted only to those who meet all three of the following criteria:

1.  90 or more semester hours earned

2.  21 years of age or older

3.  a 2.50 or above cumulative GPA

 

In the Spring and Fall semesters, deadlines will be set 30 days before the last day of class for applications for off-campus housing to be submitted to the Student Life Office. If approved, the College emphasizes that students who live off-campus cannot expect the College to be brought into any difficulties that may arise with a landlord or other business.

Living off-campus without proper approval will result in billing for board and the cost of double occupancy in the residence hall system.

The Residence Life Staff Students living in the residence halls have staff to support that residential community.  Each building has Resident Assistants and a Head Resident Assistant. Additionally, there is a Residence Life Coordinator assigned to support the building staff and the Dean of Students directly oversees the residential life program.

Resident Assistants (RAs) are full-time students who provide information and advice to other hall residents. Selected on the basis of leadership skills, RAs are available to answer questions about the College, help with personal, academic or other concerns which typically confront students, and to assist in discipline when necessary. They assist students by providing a listening ear or referring residents to appropriate persons for consultation. As members of the Student Life staff, they are responsible for the development of a healthy community environment within each residence hall.

Head Resident Assistants are selected for their exemplary work in the RA program and campus leadership. HRAs have primary responsibility to assist the RAs in difficult situations and to perform additional administrative duties.

Residence Life Coordinators are full-time administrative staff with responsibilities to support the student staff (RAs & HRAs) and to coordinate housing issues such as assignments and maintenance.

Residence Hall Governance Residence hall governance must play a significant role in shaping the life of the residence hall in both the physical and social dimensions. It is the responsibility of the students who live there to assist in developing a quality community living experience based on mutual respect and adult communications. The Student Assembly, along with the Student Life Office, has responsibility to develop the organizational function of hall government.

Residence Hall Guidelines

(The ABC's of Community Living)

Appliances
Large appliances such as refrigerators over 5.0 cubic feet, toaster ovens and portable heaters are not permitted as they present too great a drain on the electrical circuitry.  Small items such as popcorn poppers, irons, stereos, portable TVs, and hair dryers are permitted and should be used with appropriate safety and discretion.

Bicycles
Bicycles may not be stored in bathrooms, stairwells or hallways. Any motorized form of conveyance (i.e., motorcycle, jet ski, moped, etc.) is not permitted in any College building.

Care of Your Room
You are responsible for your room and its furnishings.  Your room will be inspected upon your arrival and departure.  Cost of damages or cleaning will be charged to your account after final inspection.  For health concerns, all rooms should be kept clean and orderly. 

Common Areas
Members of the College Maintenance/Housekeeping Staff maintain hallways, lounges, and bathrooms. Students are expected to be conscientious in fulfilling their responsibility to cooperate in the process. Responsibility for damages, trash or excessive filth in common areas, if it cannot be attributed to specific individuals, will be shared among residents. 

Concessions
The occasional sale of food or soft drinks by College-affiliated individuals or groups is allowed on campus with the permission of the Dean of Students and approved by the Director of Food Service.

Cooking
Permitted only in designated areas.

Fire
Know the location of fire alarms and extinguishers in your hall. Tampering with fire fighting and warning equipment could result in criminal prosecution and will include a fine of at least $250 but not exceed $500. Group fines will be assessed to floor, wing or suite areas. This regulation also applies to special housing for fraternities and sororities.

If there is an alarm:

1. Evacuate the building immediately.

2. Follow staff and fire department personnel instructions promptly.

Smoke Detector (repair/replacement)

Intentionally disarming or destroying a smoke detector will result in a $250 fine to replace detector and an automatic $250 fine.

Bonfires

Refer to Fire Policy under "Guidelines for Social Activities."

Incense/Candles/Open Flame

The burning of incense or candles is not permitted in the Residence Halls.

Hazardous Materials

Flammables, combustibles, and/or toxic materials are not permitted in or around any College building. 

Furniture
All furnishings in your room must remain there due to limited storage space. Furniture moved out of the room will result in a $100.00 fine. You are free to rearrange furniture not bolted to walls. Lounge furniture is for everyone's use - it is not to be removed from common areas.

Keys
The keys to your room and hall entrances are the student's responsibility. They are not transferable. If a key is lost, notify your Hall Director. You will be assessed $35.00 for the recoring/replacement of lock and room key; and, $35.00 for a lost entry key.

Littering
Intentional littering in residence halls and on campus property will result in a fine of $50.00 but not exceed $100.00 per incident. 

Musical Instruments
Due to noise concerns, musical instruments may not be played in or near the residence halls unless part of a registered party. The only exception to this policy are College-owned pianos.

Pets
Pets other than fish in small aquariums are not allowed in the residence halls. Any residence hall resident who disregards this policy will have to remove the pet immediately and will be subject to a fine. Students who fail to comply with this request will be referred to the Judicial Hearing Officer for disciplinary action. Students are also responsible for the actions of their guests and will be held accountable if a guest brings a pet inside a residence hall.

Rollerblades/Skates/Skateboards
For safety considerations rollerblades/skates/skateboards are not permitted on sidewalks, stairs, front campus roads or in College buildings.

Roofs Students are not permitted on the roofs of any College building for any reason.

Quiet Hours

Quiet hours in all residence halls will be from 11 p.m. unil 9 a.m. Sunday through Thursday; 2 a.m. until 9 a.m. Friday and Saturday. More restrictive quiet hours may be determined by the residents of a floor or suite. Hours will be appropriately posted.

Excessive noise is inappropriate at any time that it disturbs others. You may be asked to "turn it down" and can, if not complying, be subject to disciplinary action.

24-hour quiet hours are in effect starting at midnight on the last day of classes before exams.

Room Changes
Room change/requests are only permitted during the first two weeks of each semester, with special arrangements made for fraternity and sorority moves.

Room assignments are made on a yearly basis.  A request for a room change should be made to the Residence Life Coordinator, who will first assist you in resolving your concerns informally.  If you have made a good faith effort and cannot resolve the concerns, you will be given a Room Change Form.  This form must be completed, signed by all parties involved, and returned to the Residence Life Coordinator.  The form will then be forwarded to the Housing Coordinator, who has final approval of all changes.

If, during the semester, a roommate leaves unexpectedly, and the College has no other person to place in the room, no single room charge will be assessed on the remaining student's bill.  However, each student is responsible for selecting a roommate for the subsequent semester, or for paying the additional charges for a single room.  If the student wants a roommate and cannot find one, he/she should contact the Student Life Office for assistance.  The College reserves the right to place a second student in a room.

Room Inspection
Rooms may be inspected (common view observation) at any time by the Dean of Students or designate to ensure that students are abiding by the rules and regulations of the College. 

Room Painting
Students are not permitted to paint their rooms.

Search and Seizure

The procedure for College personnel to carry out search and seizure is as follows:

A.  Search requests will be issued only upon reasonable cause.

B. The object or objects sought shall be specifically described. There shall be no vague search requests.

C. Objects named in the search request will be taken from the room - leading to the charging of the student for the violation. At the same time all illegal substances or objects will be confiscated and those individuals in the room or assigned to the room could face disciplinary charges.

D. No one may issue a search request which he/she has requested.

E. Search requests may be requested by the following persons: President of the College, a Vice President, Dean of Students, Student Life staff or Chief of Security.

F. Search requests may be issued by the following persons: President of the College, a Vice President, the Dean of Students or, in their absence, a designate.

G. Search requests may be served (i.e., the search carried out) only by one of the following: the President, a Vice President, Dean of Students or designate and should include a member of the Residence Life Staff or Chief of Security.

H. Attempts will be made to have the parties responsible for the room present during the search but having these parties present is not a prerequisite for the search to begin. 

Security
Main entries to residence halls are locked at 11:00 p.m. through the week and midnight on Friday and Saturday (current exception International and Presidential).

Keep your door locked when you leave your room, even if you are just going down the hall.  The College IS NOT RESPONSIBLE FOR: money, jewelry, televisions, computers, stereos, or any other articles that you may own or have possession of in your room or common areas.

Smoking
Smoking is not allowed in residence halls or inside any campus building. Smokeless tobacco should be disposed of properly in trash receptacles, not in hallways, sinks or water fountains.

Visitation
Visitation hours for non-resident guests of the oppposite sex of any residence hall are: 8:00 a.m. to 12:00 midnight, Monday through Thursday, and 8:00 a.m. on Friday until midnight on Sunday. During these hours, any non-resident must be escorted within the building at all times by a resident of that facility. Visitors of the opposite sex are not allowed to use the residents' bathrooms. Each residence hall maintains a separate bathroom for visitors of the opposite sex.

 Guests: You are expected to acquaint your guests with hall and campus policies; remember you are responsible for their actions. No guests under the age of 18 or of the opposite sex will be permitted to stay overnight in the residence halls (unless they are members of your immediate family). Guests may not stay more than two (2) days. Guests must be registered with the Resident Assistant. Guests of the opposite sex may only stay in living areas designated for their sex (men in men's areas; women in women's areas).

Policies and Procedures

College Governance

Board of TrusteesThe governing body of Davis & Elkins College is the Board of Trustees, which has control and supervision of the affairs of the College. The Board of Trustees meets three times during the year and functions through standing committees. The President of the College and the administrative officer in a particular area serve as advisors to a specific committee. Two times a year selected students, faculty members, and administrators meet with the Board as part of the various standing committee meetings. The standing committees are as follows: 1) Academic Affairs; 2) Student Life; 3) Business and Finance; 4) College Advancement; 5) Enrollment Management; and 6) Religious Life.

Officers of the CollegePresident: The general responsibility for the daily operation of the College rests with the President.  He is empowered to implement policy as authorized by the Board of Trustees. The President of the College is the chief executive officer and administrative head of the institution and furnishes leadership in the various areas of the College.

All departments of the College, both administrative and educational, report to the President through the appropriate administrative officers. The President reports to the Trustees regarding the work and needs of the College, makes recommendations as are deemed necessary for the welfare of the College, and prepares an annual report.

Management Team : The administrative officers of the College consist of the heads of the following areas: 1) academic affairs; 2) business and finance; 3) advancement; 4) enrollment management; and 5) student life. These administrative officers are authorized by the Board of Trustees through the President to exercise delegated responsibilities for the operation of the College.

College SenateThe College Senate is the primary governing body on campus. As part of Davis & Elkins College's shared governance system, representatives from the Student Assembly, Faculty Assembly, College Staff, and Administration meet to discuss common concerns and propose or set institutional policy over a wide range of issues as authorized by the Board of Trustees. Standing committees of the College Senate include: 1) Executive; 2) Business and Grounds; 3) Campus Life; and 4)Technology and Learning Environment.

Faculty AssemblyThe Faculty Assembly consists of the President of the College, the Dean of the Faculty, all full-time faculty, and professional librarians. The Faculty Assembly addresses concerns regarding instruction, professional status of instructors, library facilities, and related matters. Standing committees of the Faculty Assembly include: 1) Executive; 2) Professional Affairs; 3) Appointment, Promotion and Tenure; 4) Curriculum; 5) Admissions and Academic Standing; and 6) Assessment.

Student AssemblyThe Student Assembly is made up of elected representatives and members of the assembly cabinet. The Student Assembly addresses policy issues on student life, campus activities, Student Assembly budget and recognition of student organizations. Officers of the Student Assembly are elected by vote of all full-time students during the Spring semester. Student Assembly representatives are elected in the Fall.  Standing committees of the Student Assembly include; 1) Budget; 2) Campus Life; 3) Executive; 4) Grievance; and 5) Residence Life.

Campus Safety & Security

Our security operation is designed to provide leadership to the community on safety issues. In modern times, Campus Security officials are charged with specific responsibilities of patrol and response. Our staff has a good working relationship with local law enforcement and can be helpful to you in many situations.  They MUST be informed of emergency situations that arise and can assist local emergency service providers (police, fire, medical personnel) with quick response.

Clery Act of Campus Security Act

The Clery Act requires higher education instituions to give timely warnings of crimes that represent a threat to the safety of students or employees, and to make public their campus security policies. It also requires that crime data are collected, reported and disseminated to campus.

Crime data are disseminated in a separate publication to all students and employees. Contact Campus Safety and Security for additional information.

Definition of Crime

Crime is defined here as those occurrences named in the Federal Student-Right-To-Know and Campus Security Act: murder; rape; robbery; aggravated assault (does not include simple assault or battery); burglary; motor vehicle theft; and liquor, drug, or weapons violations. Please refer to detailed definitions below.

Crime Definitions & Classifications

Criminal Homicide

Murder, non-negligent, and negligent manslaughter. Non-negligent manslaughter is the killing of a person through gross negligence.

Sex Offenses, Forcible or Non-forcible

A forcible sex offense is any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against that person’s will where the victim is incapable of giving consent, i.e., intoxicated. Non-forcible sex offenses are acts of "unlawful, non-forcible sexual intercourse," e.g., incest or statutory rape.

Robbery

The taking, or attempting to take anything of value from the control, custody, or care of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault

An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This offense is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

Burglary

The unlawful entry (breaking and entering) into a building or other structure with the intent to commit a felony or theft.

Arson

Willful or malicious burning or an attempt to burn a dwelling house, public building, motor vehicle or aircraft, or personal property.

Motor Vehicle Theft

The theft or attempted theft of a motor vehicle.

Theft

Unlawful taking of another's property.

Threats of Violence

Threats of bodily harm to another person.

Assault

Any unlawful touching of another that is without justification or excuse.

Liquor Law Violations

Violations of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages.

Drug Abuse Violations

Violations of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use.

Weapons Possessions

Violations of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

If you have any doubts whether to report something that has occurred, report it. The Department of Public Safety can then determine whether the event constitutes a crime that has to be collected and statistically reported. Your cooperation in timely reporting assists the College to issue timely warnings to the campus community. All crimes must be reported immediately.

West Virginia Sex Offender Registry

In conjunction with the Campus Sex Crimes Prevention Act, Section 1601 of Public Law: 106-386 (H.R. 3244), the State of West Virginia enacted the Sex Offender Registry in 1993, which authorized the State to release sex offender information to the public. A list of Class A registered sex offenders is provided on the West Virginia State Police Web site as a service to the community, http://www.wvstatepolice.com/sexoff/

Academic Services

Administrative Authority

The Board of Trustees of Davis & Elkins College has entrusted the President of the College with the responsibility and authority to develop and supervise the operation of a disciplinary policy. The President has designated the Dean of Students as the primary administrator in charge of maintaining and supervising the disciplinary policy as it relates to social behavior. Academic standards are developed by the faculty and are under the supervision of the Provost & Dean of Faculty.

The policies of academic and social standards are outlined in the Catalog and this Student Handbook. Rare occasions may arise when conduct is so inherently dangerous to the individual or to others in the community, or violates the fundamental standards of the College, that extraordinary action must be taken. Davis & Elkins College reserves the right to take necessary and appropriate action to remedy serious academic or social problems, including disciplinary warning, disciplinary probation for a stated period, suspension, dismissal and/or removal from the campus. Should this type of action become necessary by either the Provost & Dean of the Faculty or the Dean of Students, the President shall be informed prior to the action being taken.  Appeal of such extraordinary action is to the President of the College.

Academic Advising Davis & Elkins College believes that thoughtful and timely advising of students on academic matters is an important responsibility. The initial advising experience of a student, like the initial classroom experience, strongly influences the approach and adjustment to the college learning situation and, therefore, receives careful attention at Davis & Elkins College. The College prepares the Catalog and Student Handbook to provide students with details on policies and practices. These written materials, along with careful advisement, are designed to help students in reaching their academic goals.

Honors Program

The Honors Program at Davis & Elkins College courts philosophers in the root sense of that term: lovers of learning. In an atmosphere of inquiry, the program offers intellectual challenges, depth of investigation in chosen subjects and an opportunity to integrate thinking across disciplines. It demands active learning in the form of discussion, writing, and oral presentation. While the program is college-wide rather than departmental, its courses satisfy the curricular requirements of the regular academic program either as general education requirements or as electives. Entering students whose application reflects academic potential are identified by the Admissions Office and invited into the program.

Supervised by their mentors on the Honors Committee, students must sustain their academic performance. Freshman honors students are expected to earn at least a 3.0 GPA. From their sophomore year on, they must maintain a 3.2 cumulative GPA. Under exceptional circumstances, the Honors Committee may permit students not fully meeting these criteria to remain in the program on a semester-by-semester basis. In addition, Honors Program students who have achieved a minimum 3.6 cumulative GPA, have completed a minimum of 18 semester hours of Honors credits and have completed Honors 397, Senior Honors Project, graduate with the "Distinguished" citation. Students who complete all of the requirements except the GPA requirement will be awarded an "Honors Program Completion" cord to wear at graduation.

Students will devote 18 hours of their undergraduate careers to honors courses. In their first year, they will enroll in a writing-intensive English seminar. Over the next three years they will take four three-credit-hour seminars. These classes, occassionally team-taught and interdisciplinary, will bring students into close contact both with the fundamental texts in various fields and with their intellectual peers. This group includes their instructors, who will often be learning an unfamiliar subject along with the students. To remain in good standing in the program, students will take at least one and not more than two such seminars every year. Their honors experience will culminate in a senior thesis, typically of 30 pages, or a comparable project within their major or across departments.

The program's curriculum is not confined to the classroom. Honors seminars travel to cultural events and entertain visiting scholars. Mentors will encourage their charges to expand their learning in other ways -- for instance, by studying abroad or by conducting part of their coursework in a second language. At graduation, honors students will be eligible for the Purdum-Goddin Distinguished Graduate Award. All who have completed their courses and projects with the specified grade point averages will receive the citation "distinguished," as a sign of their intellectual odyssey.

Mentor-Assisted Program

Since its inception in 1988, the Mentor Assisted Program (MAP) has striven for the highest quality academic practices. The program has been designed for students who have 1) completed at least 24 semester hours of college work, 2) earned a GPA of 2.0 or above, 3) been away from formal education long enough to have acquired significant learning from professional and other out-of-school experiences, and 4) who show evidence of the motivation and the ability to do college level work.

The scope of the MAP is limited to selected majors. Nursing, for example, is not available through the MAP. A faculty mentor assists in developing a plan that describes the student's goals. It is critical to the progress of the MAP student to have regular sessions with the mentor to review accomplishments and plan next steps. The mentor assists the student in registering and meeting the requirements for graduation.

Further information abou the program is available from the Registrar's Office or the Office of Admissions.

Academic Appeals & ExceptionsStudents who wish to be exempted from, or make substitutions for, academic policies and requirements or to appeal a grade must file a petition with the Executive Committee of the College Senate, stating the nature of, and reasons for, the request. Course substitution forms are available in the Office of the Registrar.

Curriculum Matters The requirements for the various programs of study are outlined in the College Catalog, which is your collegiate contract.  Since these are frequently revised, a student normally follows the program as outlined in the Catalog for the year in which his/her first registration occurs.   It is important that a student be familiar with all sections of the Catalog.  The sections titled "The Academic Program" and the appropriate portions of the sections titled "Courses of Instruction" are the places where curriculum matters are described.

Leave of AbsenceSpecial permission for a Leave of Absence from the College may be granted by the Dean of Faculty if a student becomes ill or has other extenuating circumstances which leave the student unable to complete all course work. The student obtains the form for Leave of Absence from the Office of the Registrar and returns the form to the same office after completing all required steps. The student will normally receive a "W" for all enrolled courses. Students who have taken a leave under such circumstances are entitled to return to the College at the beginning of the following semester or following year without applying for readmission. The Office of Admissions will contact the student regarding procedures for returning to D&E.

Withdrawal

Students who find it necessary to withdraw from the College during the course of a semester or summer term must follow the official withdrawal procedure. The required form may be obtained from the Office of the Registrar. The completed form is to be returned to the Registrar's Office as well. The last day of class attendance will be the official date of withdrawal. The grade of "W" will be assigned to courses on the student's schedule unless other specific arrangements have been made. The final day for withdrawing from the College is the last day of classes as listed in the academic calendar. The withdrawal is not official until the form is received in the Registrar's Office. Students who leave college without officially withdrawing might have the grade of "F" assigned to couses on their schedules. The act of withdrawing from college terminates all relationships with the institution after financial accounts have been cleared.

Students who are required to withdraw from a course or from the college for disciplinary reasons before the deadline date indicated on the calendar for any given semester or term will receive a "W" in each currently enrolled course. Students withdrawing for disciplinary reasons after the given deadline date and before the official end of the semester or term can receive a grade of "F" in all currently enrolled courses.

Office of the Registrar The Registrar's office deals with registration and scheduling, course enrollment changes, grade reporting and record keeping, transcript preparation and certification, catalog and brochure preparation, Veteran Affairs, data processing of College records, and some institutional research and reporting activities. The office staff works closely with the Academic Dean, Faculty and Advisors, Computer Services personnel, and Student Life to carry out these activities. The goal of the Registrar's Office is to service the students and faculty promptly, equitably, and courteously.

Effective operations in the Registrar's Office depend on everyone knowing the rules and acting in conformance with the information and procedures used at the College. You should be sure to set aside a specific place for keeping your copy of the Catalog, your academic records, letters, grades, policy statements, etc. These materials provide the guidelines for acting responsibly as well as spelling out procedures to follow on academic matters.

Drug Use Policy

Davis & Elkins College strives to maintain a drug-free environment. The College expects all members of its community to abide by local, state and federal laws.

The use and/or distribution of illegal drugs and/or paraphernalia will result in adjudication through the College disciplinary process. The resulting findings may range from required satisfactory participation in a drug abuse assistance or rehabilitation program to dismisal and expulsion.

Refer to Code of Conduct: Proscribed Student Conduct for possible sanctions.

Drug Free Schools & Communities Act

Amendment of 1989

The Drug-Free Schools and Communities Act Amendment of 1989 requires that, as a condition of receiving funds or any other form of financial assistance under any Federal Programs, the College as an institution of higher education must implement a program to prevent illicit use of drugs and the abuse of alcohol by students and employees.  The information below is being provided in the spirit of the Act and as a service to the College community. For more detailed information about drugs and the risks they present to you, talk to your Resident Assistant or College Counselor. Additional materials are also available in the Student Life Office.

Controlled Substances - Uses & Effects

Policies & Guidelines

Dining Hall Regulations

In the Dining Hall, appropriate behavior is expected.  No one may remove food or dining hall property from the premises without proper authorization. No animals are permitted in the facility (except special services animals.) Any disruptive or discourteous behavior can be a matter for disciplinary action. The Director of Food Services has the authority to bar an offender from the dining hall for a stated period of time, informing the offender verbally, and in writing through the Student Life Office. There are no refunds due to meals lost during this time.

All students living on campus must participate in the meal plan. Special dietary needs/considerations should be submitted to the Student Life Office.

Harassment Policy Davis & Elkins College will not tolerate verbal or physical conduct by any member of the College community who harasses, disrupts or interferes with another's work or academic performance or which creates an intimidating, offensive or hostile environment.  Harassment of any kind will not be tolerated, including harassment on the basis of race, religion, color, sex, age, national origin, ancestry, sexual orientation, disability or familial status.

Sexual Harassment Policy

Section A. Rationale      
Sexual harassment is a form of sex discrimination which is illegal under Title VII of the Civil Rights Act of 1964 for employees and under Title IX of the Education Amendments of 1972 for students. The purpose of this policy is to set forth the College's unequivocal position regarding sexual harassment and the procedures to be implemented in order to carry out this policy. The College considers sexual harassment in the academic environment a completely unacceptable form of conduct. Davis & Elkins College students and employees are prohibited from engaging in any of the conduct described above.

Section B. Definition
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education or employment;

      

(b)  Submission to or rejection of such conduct by an individual is used as the basis for academic or work performance or creating an intimidating, hostile, or offensive academic or work or employment decisions affecting the individual; or

 

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or creating an intimidating, hostile, or offensive academic or work environment.

Section C. Policy
Davis & Elkins College's continuing policy is to provide students and employees an academic environment free from any form of sexual harassment. Sexual harassment in any manner or form is expressly prohibited. All claims of sexual harassment will be promptly and thoroughly investigated and corrective action taken if warranted by the results of the investigation. Such action may include disciplinary measures up to and including suspension or expulsion (if a student) or immediate discharge (if an employee).

Section D. Procedures
Any student who feels that he or she has been subjected to sexual harassment by a student or an employee of the College, and/or by guests of Davis & Elkins College, should report the incident in writing to the Dean of Students, located in the Student Life Office, Jennings Randolph Hall.

If the complaint involves the Dean of Students, the incident should be reported to the Vice President of Finance and Administration.

Complaints will be promptly and thoroughly investigated.  Investigations will be designed to protect the reasonable privacy interests of all parties concerned. Disciplinary and corrective actions will be taken dependent upon the circumstances and as appropriate.

The procedure for conducting investigations shall be as follows:

(a) The complaint should be in writing and filed as soon as possible after the alleged occurrence. It should specifically detail the allegations which gave rise to the complaint. An investigation may also be warranted in the absence of a complaint if circumstances put the College on notice of a potential problem.

(b) Upon receipt of the complaint, or if the circumstances otherwise warrant an investigation,   the investigator shall gather all pertinent documentation and interview all persons who have been identified as having knowledge of the incident(s) in question.

(c) The investigator shall issue his or her decision in writing within 30 calendar days after initiation of the investigation.

(d) During the investigation, while a demonstrated effort  will be made to protect the rights of all parties, confidentiality cannot be guaranteed.

(e) Sanctions:  If the investigation of harassment reveals that the complaint is without reasonable foundation, both parties will be so notified and will also be informed that no further action will be taken.   If, however, an individual is found to have violated the College's policy against harassment, appropriate disciplinary action, up to and including expulsion or dismissal, may be taken dependent upon the severity of the offense.

(f) Discipline or dismissal of a faculty member will follow the procedure outlined in the Faculty Handbook. The faculty member may initiate grievance procedures outlined in the Faculty Handbook in response to the decision and result of the findings on the complaint. Discipline or dismissal of an administrative staff  member will follow the procedure outlined in the Personnel Handbook. The administrative staff member may  initiate grievance procedures outlined in the Personnel Handbook in response to the decision and results of the finding on the complaint. Discipline or expulsion of a student will follow the procedures outlined in the Student Handbook, Student Code of Conduct.

Rape & Sexual Assault

Rape and sexual assault are crimes. The College, during the course of the academic year, sponsors educational programs (for both men and women) to heighten awareness of this problem. If an individual is accused of rape/sexual assault and is held responsible through the College disciplinary or community judicial process, a variety of sanctions can be imposed. For an explanation of these sanctions, please refer to Sanctions in the Code of Conduct section of this Handbook.

If a rape occurs, seek medical assistance immediately. Do not wash yourself or your clothes. This is important in the preserving of evidence that may be needed for proof of criminal sexual assault. Inform the doctor of what has happened and ask for a rape counselor for assistance.

If you are a victim of rape and need assistance in getting to the hospital or need help in contacting the police, talk to a member of the Student Life staff. We will assist you in any way we can.

If you are the accused in a rape case, you also have rights. Contact the Student Life Office for information and assistance. Both the accused and the accuser in the hearing process are entitled to the same opportunities to have others present (as specified in the hearing process) and be informed of the outcome.

Please remember, we can direct you to local agencies for counseliing assistance. In addition, to facilitate a recovery, the College will help the student/victim explore options and access available assistance in changing classes and living situations subsequent to an alleged sexual assault, provided such options are reasonably available.

Code of Conduct

Charge

All students, Resident Assistants, faculty members, and administrative staff are charged with the responsibility for referring violations of the Code of Conduct and/or residence hall contract to the Student Life Office for possible disciplinary action.

Student Conduct

Generally, institutional discipline is limited to conduct which adversely affects the College community's pursuit of its educational objectives. The College strongly believes that students are adults who are expected to take personal responsibility for their own conduct. The College has determined that the following behaviors and activities constitute a violation of College norms and/or regulations which are subject to sanctions. This listing is not to be considered exhaustive, but rather suggestive of the type of behavior found to be inappropriate.

1. Intentionally or recklessly causing physical harm to any person on College premises or at College-sponsored activities. This includes engaging in any form of fighting.

2. Intentionally or recklessly placing any person under mental duress or causing any person to be in fear of physical danger through verbal abuse, harassment, improper use of the Campus Communication Network, hazing, intimidation, threats or other conduct which threatens or endangers that person's emotional, mental or physical safety and well-being.  A violation will be considered aggravated if it occurs in connection with an actual or pending disciplinary proceeding.

3. Criminal sexual behavior on College premises or at College-sponsored activities including: the use or threatened use of  force to engage in any sexual act against the person's will and/or engaging in such behavior with a person who is unconscious or substantially mentally impaired (including an intoxicated individual); intentionally touching another person or making physical advances in a sexual way without the person's knowing consent.

4. Unauthorized use or possession of any weapon (licensed or otherwise) on College premises or at College-sponsored activities. This includes possession or use of BB guns, hunting knives, bows, etc.

5.  Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency on College premises or at College-sponsored activities.

6.  Intentionally or recklessly interfering with normal College or College-sponsored activities, including, but not limited to, teaching, research, College administration, and or City fire, police or emergency services.

7. Public intoxication or possession of open container of alcoholic beverage on College premises or College-sponsored events.

8. Providing alcohol to a person under 21 years of age.

 

9. Failure of an individual or group to comply with the College alcohol policy.

10. Use or possession of any controlled substance or illegal drug paraphernalia on College premises or at College-sponsored activities.

11. Unauthorized distribution or possession for purposes of distributing any controlled substance or illegal drug on College premises or at College-sponsored activities.

12. Intentionally or recklessly misusing or damaging fire safety  equipment.

13. Intentionally furnishing false information to College personnel.

14. Forgery, unauthorized alteration, or unauthorized use of any College document or instrument of identification.

15. Intentionally and substantially interfering with the freedom of  expression of others on College premises or at College-sponsored activities.

16. Theft of property or of services on College premises or at College-sponsored activities; possession of stolen property on College premises or at College-sponsored activities.

17.  Unauthorized presence in, or use of, College premises, facilities or property. This includes unauthorized presence in another student's room, any College building, or other College premises or property; this also includes unauthorized access or attempted access to any computer file, program, or facility.

18. Intentionally or recklessly destroying, damaging, or defacing College property or personal or corporate property found on College premises or at College-sponsored activities.

19. Intentionally or recklessly causing physical abuse or any form of suffering to animals on College premises or at College-sponsored activities.

20. Failure to comply with the directions of College officials, including, but not limited to, campus security officers, student  life administrators, residence life staff or faculty members acting in the performance of their duties.

21. Unauthorized use or possession of fireworks on College premises.

22. Public or semi-public nudity.

23. Presence when and where a violation of the Code of Conduct is occurring and failing to leave the scene and not notifying campus authorities of a violation of the Code of Conduct.

24. Violation of published College regulations or policies, as approved and compiled by the Dean of Students. Such regulations or policies include, but are not limited to, the College policies on alcohol and illegal drugs, the College policy on sexual harassment, the Student Housing Contract which includes policies pertaining to visitation, alcohol, quiet hours, security, pets, keys, room capacity, health and cleanliness, as well as those regulations relating to entry and use of College facilities, use of motor vehicles, use of  amplifying equipment, and misuse of identification cards.

25. Knowingly violating the terms of any disciplinary sanction imposed in accordance with this Code.

 

Disciplinary Procedures

Specific Campus Process

A. Violations of the Code of Conduct may be dealt with by members of the Student Life Staff or Security. Any Student Life Staff can respond to a problem situation.

B. Within five (5) work days (excluding any official College holidays) of receipt of the written incident report and ensuing investigation, an official charge will be made and notice served (there will be no second notice) on the accused by the Student Life Office. A hearing will take place after reasonable attempts to schedule all parties involved.

C. Disciplinary cases will be heard by a Hearing Panel or an Administrative Hearing Officer. The student may choose between these methods with the exception of cases in which severe penalties are the designated outcomes, should the student be held responsible for the infraction.

D. Administrative Hearing Procedure: In this setting, a member of the Student Life Staff will present the information collected concerning the incident to the Dean of Students or designee who will serve as the administrative hearing officer.  Procedural rules will be agreed upon prior to the hearing. Student responsibility will be determined  through the hearing by the Dean of Students or  designee. If the student is held responsible, the sanction is set. The student has the right to appeal to the President of the College. The initial appeal must be made within three (3) work days of the penalty being set.

E.  Hearing Panel: In this procedure, the student will be given a handbook and the code of conduct violations that will be presented. These two documents will be sent to the student within 24 hours from the time that the student is notified of the pending charges. The case is then presented according to the procedural outlines of the panel. Within 24 hours (one work day) of the close of the hearing, the panel will submit its decision and sanctions (if applicable) to the Dean of Students or his/her designee. It will be the responsibility of the Dean of Student Life or designee to notify the student accused and College authorities of the panel's decision and any applicable sanctions. An appeal of the decision may be made by either party within three (3) days after receipt of the official written notification of the panel's decision to the Executive Committee of the College Senate. Absent a timely appeal, the decision of the panel shall be final.

F. Parties appearing before a hearing panel or administrative hearing officer may be represented by an advocate. Advocate is defined as any person having a relationship to the College. Each academic year, the Student Assembly elects four members of the student body to act as "student advocates." These elected individuals are available to provide support/advice for any students desiring assistance. They may, as special circumstances require, speak on behalf of the student. They may not question witnesses or serve in an adversarial role. A request to consider special circumstances is made in advance of the hearing with the Hearing Officer. The panel makes the decision.  Faculty/staff (i.e. advisor, SLP instructor etc.) support for the student's request will be considered in the deliberation.

G. Legal counsel is permitted in the event there are possible pending criminal charges or the student faces possible suspension or expulsion. In these specific situations the student's attorney may be present to observe and advise, but may not address the Hearing Officer or panel. Special exemptions may be made, allowing the attorney to speak on behalf of the student if the student has a known history of the inability to present reasonable or cogent arguments in front of a group of people. The attorney may not question witnesses directly or serve in an adversarial role.

H. Official Notices: Students are expected to respond to official correspondence from faculty or administrative personnel. Failure to do so may jeopardize a student's current and/or subsequent enrollment.

I. Standard of evidence: Disciplinary cases brought before any College hearing body or administrative officer will use a burden of proof of -- preponderance of evidence.

Student Rights Summary

The guiding principle of College regulations is to promote student responsibility and accountability. It is a firm belief of Davis & Elkins College that students accused of a Code violation resulting in a hearing should anticipate certain rights. Those rights are as follows:

1. The right to a hearing and an avenue for appeal

 

2. The right to be presumed not responsible until responsibility is determined

 

3. The right to a timely hearing

 

4. The right to an advisor selected from among currently enrolled Davis & Elkins College students, staff or faculty members. Victims or complainants may also have an advisor present.

 

5. The right to call material witnesses from the community. (Material witnesses are those possessing direct knowledge of the case under consideration or those having technical or expert information relevant to the case.)

 

6. The right to a separate hearing upon request unless the charge is brought as an organization offense.

 

7. The right to question the accuser (face to face questioning is not guaranteed.)

 

8. The right to question any material witnesses or evidence (face to face questioning is not guaranteed.).

 

9. The right to challenge participation of a specific hearing panel member with a decision on the challenge made by the hearing officer.

 

10. The right to plead not responsible without fear of being tried for lying in relation to that plea if proven guilty.

 

11. The right to waive any of the above rights provided that it is done of the student's own free will.

Sanctions The following sanctions may be imposed as the result of a violation of the Student Code of Conduct. This listing is not to be considered exhaustive, but rather suggestive of the type of sanctions that can be imposed.

A. Reprimand: A verbal or written censure for violation of a regulation.

 

B. Parental Notification: Letter to parent or guardian of dependent student that states the nature of the student's school code violoation and related sanctions. The document will also list the sanctions for a second offense.

           

C. College Probation: College probation shall be for a specified time period, and involes conditions or restrictions identified at the time the probation is assigned. Eligibility to publicly represent the College in co-curricular activities, including (but not limited to) not-for-credit activities, athletics, choir, and theatre, is not permited during the period of probation. Loss of intramural participatoin, Greek organization participation, etc., may be affected depending on the specific restrictions listed at the time the sanction is applied. A copy of the notice of disciplinary probation is sent to parent or guardian of dependent student and to appropriate College personnel. Further violation will subject the student to more severe judicial action.

 

D. Social Probation: Social probation shall be for a specified time period and involves conditions or restrictions related to all College-related social functions. Eligibility to attend social functions including (but not limited to) Campus Activity Board (CAB) and Greek or other Social Organization events is not permitted during the period of probation. A copy of the notice of disciplinary probation is sent to parent or guardian of dependent students and to appropriate College officials. Further violation will subject the student to more severe judicial action.

 

E. College/Community Service: The student is assigned a number of hours of uncompensated labor to be completed either in the community or on campus in a specified time period.

 

F. Fines and Restitution: Fines and/or restitution to groups or individuals for damages to or misappropriation of property and violations of the Code of Conduct.

           

G. Educational Sanctions: Other possible sanctions may include letters of apology, responsibility papers, presenting educational programs on campus, etc.

          

H. Suspension from Residence Halls: Exclusion from living or visiting in College residence halls or sections within designated residential areas.

 

I. Suspension: Exclusion from classes, the residence halls, and other privileges and activities as set forth in a notice for a specified period of time. The student may be entitled to continue following the period of suspension.

          

J. Expulsion: The student is not eligible to continue at the College unless he/she applies and is re-admitted. Notice of expulsion is included on the student's permanent transcript.

Please Note - For Sections H, I and J, above, there are no refunds for prorated residence hall fees.

Sanctions for Violations of the Alcohol Policy

Under age possession/consumption/distribution, public use/open consumption, or distribution/possession in mass quantity.

First Offense

• Written reprimand
• Completion of Alcohol 101 Program
  

Second Offense

• 90 day social probation
• Substance Use Assessment
• Parental notification
• Fine — $100
  

Third Offense

• Two-semester College probation or subject to suspension
• Parental notification (if warranted)
  

Engaging in abusive, drunk and disorderly or excessively noisy conduct on College owned or controlled property.
(Impairment/Public Intoxication)

First Offense

• College or community service (50 hours completed in 16 weeks)
• Written reprimand
• Completion of Alcohol 101 Program
• Substance Use Assessment
• 90 day social Probation
• Fine — $100
• Parental notification
  

Second Offense

• Two-semester College probation
• Parental notification

Third Offense

• Hearing panel for consideration of suspension/dismissal

Sanctions for Violations of the Drug Policy Violations for illegal possession or use of a controlled substance that equate to misdemeanor violations.

First Offense

• College/community service (50 hours completed in 16 weeks)
• Two-semester social probation
• Substance Use Assessment
• Parental Notification
• Fine — $150
• Subject to unannounced room inspection

Second Offense

• Dismissal

Violations for manufacture, delivery or possession with intent to manufacture or deliver a controlled substance or other violations that would be considered felony offense.

First Offense

• Suspension with parental notification or
• Dismissal

Appeal Procedure The request for an appeal must be submitted in writing within three (3) days of the date of the decision. Failure to file a request for appeal in a timely manner constitutes a waiver of any right to an appeal. The basis for an appeal is limited to the following grounds:

1. The evidence presented at the hearing does not support the verdict.

2. The sanction(s) is/are excessively severe.

3.  New or newly discovered evidence is of a character which may substantially affect the outcome of the hearing.

4. A procedural error which substantially affected the outcome of the hearing.

Interim Suspension

Any student endangering/threatening the safety, health or welfare of him/herself or others may be subject to immediate removal from the campus by the Dean of Students, or in his absence, by any officer of the College, until such time as the appropriate review of the situation can be undertaken and a final decision rendered.

Organizational Sanctions A student organization and its officers may be held collectively or individually responsible for violations of College policy when those associated with the organization have received tacit or overt consent or encouragement of the organization or of the organization's officers when violating such policies. Sanctions for organizational misconduct may include revocation or denial of College recognition or other appropriate penalties commensurate with the infraction.

Off-Campus Behavior Although the College is not responsible or liable for student off-campus events or behavior, it does reserve the right, in the interest of protecting students from harm, to take action in response to behavior off campus that violates College expectations and policies and when the College's interests as an academic community are clearly involved.

Guidelines

The purpose of these guidelines is to help define/implement the responsible use and consumption of alcoholic beverages by groups and individuals associated with Davis & Elkins College. Any exceptions to these regulations must be authorized by the Dean of Students or designate. In addition, in order to discourage abuse of alcoholic beverages and assist those already in trouble, alcohol education and general counseling services are provided by the College.

Any group or individual preparing to sponsor a social activity involving the distribution of alcohol must obtain a copy of these guidelines in the Student Life office. You will be required to read and sign a copy of the guidelines indicating that you understand and accept what is outlined therein. This will be considered part of the social activity registration process. These guidelines are subject to administrative change and can be found in this Handbook.

Social activities not involving alcohol should be approved by either a Residence Life staff member, if in a residential facility, or the Dean of Students or designate, if anywhere else on campus.

General Statement on Alcohol

The policy on the use of alcoholic beverages will establish a general framework for specific College rules and regulations on the use of alcohol. In addition to the establishment of basic policies and regulations, it is understood that ongoing consideration concerning the use of alcoholic beverages at Davis & Elkins College must be made.

It is our intention to create a policy that is effective and enforceable; a policy that is easily understood and one that is fair to and consistent for all individuals and groups affected by it.

The emphasis of this policy, reflecting the overall mission of the College, is educational. The Board of Trustees and the Administration of the College, representing the different constituencies therein, accept that the decision to consume or not to consume alcoholic beverages is an important milepost on the road to the acceptance of adult responsibility. The representatives of the College also understand and endorse the laws of the State of West Virginia.

I.  It is a violation of the codes of the West Virginia Alcohol Beverage Control Commission to drink, consume, or permit drinking and consumption of alcoholic liquors including beer by anyone under the age of 21.

Important parts of the law are cited below:

A)   West Virginia Code 60-1-5 defines "Alcoholic liquor" as:... alcohol, beer, wine and spirits, and any liquid or solid capable of being used as a beverage, but shall not include non-intoxicating beer.  "Public place" shall mean any place, building or conveyance to which the public has, or is permitted to have access.

B)    West Virginia Code 60-3-22 states: alcoholic liquors shall not be sold/consumed by a person who is:

1)  less than 21 years of age;              

2)  a habitual drunkard;            

3)  intoxicated;              

4)  addicted to the use of any controlled substance as defined by any of the provisions of Chapter 60-A of this code; or

5)  mentally incompetent.

C) West Virginia Code 60-3a-24 (unlawful acts by persons states):    

1)  Any person under the age of 21 years who purchases, consumes, sells, serves or possesses alcoholic liquor is guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not to exceed $500 or shall be incarcerated in the county jail for a period not to exceed seventy-two hours, or both fined and imprisoned, or in lieu of such fine and imprisonment, may for the first offense, be placed on probation for a period not to exceed one year.

2)  Any person under the age of 21 years who, for the purpose of purchasing liquor from a retail licensee, misrepresents his or her age, or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own, or who illegally attempts to purchase liquor from a retail licensee, is guilty of a misdemeaner, and upon conviction, shall be fined in an amount not to exceed $50 or shall be imprisoned in the county jail for a period not to exceed seventy-two hours, or both such fine and imprisonment, or in lieu of such fine and imprisonment, may for the first offense, be placed on probation for a period not to exceed one year.

3) Any person who shall knowingly buy for, give to, or furnish to anyone under the age of 21 to whom they are not related by blood or marriage, any liquor from whatever source, is guilty of a misdemeanor and shall, upon conviction, be fined in an amount not to exceed $100 or shall be imprisoned in the county jail for a period not to exceed ten days, or both such fine and imprisonment.

         D) 60-6-9 Intoxication or drinking in public places;... A person shall not:

1)  Appear in a public place in an intoxicated condition;

2)  Drink alcoholic liquor in a public place;

3)  Drink alcoholic liquor in a motor vehicle, on any highway, street, alley or in a public garage;

4)  Tender a drink of alcoholic liquor to another person in a public place.

II.   As adults (18 years of age or older), it is the responsibility of any individual member of this College community to abide by the laws of West Virginia and to understand that the College will make reasonable efforts to support those same laws with sanctions associated with College rules and regulations.

Generally, the college expects its members to demonstrate respect and regard for the rights, property and persons of all individuals; to take responsibility for their own actions; and to act to reduce risks of damage and harm.

All members of the Davis & Elkins College community should be aware of West Virginia social host liability, which makes clear from case law that a host who renders substantial assistance to, or provides an environment hospitable to consumption of alcoholic beverages may be held liable for injuries caused to third parties.

Davis & Elkins College's mission statement states that "The College also encourages students to appreciate their cultural and spiritual heritage, to exercise self-discipline and social responsibility, and to develop the capacity to make rational judgments and intelligent commitments." This understanding of the purpose of a liberal education underscores the rationale for the College policy on alcohol.  The misuse and abuse of alcohol in whatever form is inconsistent with this fundamental commitment of the College to provide said education.

The College encourages and supports students who abstain from the use of alcoholic beverages. It also acknowledges that we live within a social environment which establishes, in law, a minimum age for the use of alcohol (21). The College does, however, permit the use of alcohol on campus in a manner consistent with the law. It also attempts to encourage responsible attitudes and behavior regarding the use of alcohol. We recognize the need for order and regulation in this process and will not tolerate disruptive behavior or conduct which infringes upon the rights of others in this academic community.

Alcohol Guidelines

These guidelines are subject to administrative change and can be made throughout the school year.

Only students 21 years of age or older may consume alcohol in their rooms and on campus. Resident students are responsible for their guests. Guests under the age of 21 may not drink and both the guest and host will be held responsible for their behavior. Alcohol found in the possession of, or in a situation involving individuals under the age of 21, will be confiscated. Neither party balls nor grain alcohol are permitted on campus, in student rooms or residence facilities at any time. Kegs of beer are only permitted in specific situations and must be clearly approved prior to the event. No open containers are permitted on campus except in specified areas or at special events sponsored by and posted accordingly by the College.

        I. All activities at which alcoholic beverages may be present must be approved by the Student Life Office. Most activities will be permitted only in the Pit, Ice House, Madden Cennter, Pavilion, Halliehurst, Graceland, or the Sigma Phi Epsilon Lodge. Activites with alcohol are generally not permitted in the residence halls and must be clearly approved prior to the event.

II. Grain Alcohol in any form is prohibited.

III. The Student Life Office will be responsible for:         

A) Providing educational programs concerning the responsible use of alcohol.      

B) Establishment of guidelines for any party at which alcohol is served.         

C) Authority for approval/denial and scheduling of any party serving alcoholic beverages.

IV.  The following guidelines shall exist when alcohol is served:

A) The use of alcohol shall be incidental to the purpose of the party.

1) Beer and wine will be the only alcoholic beverages approved by the Dean of Students.

2) At parties that serve beer and wine, drinks must be served only to individuals of age, one drink at a time.

B) Non-alcoholic beverages and food must be provided at every party.

1) Food and beverages must be provided at no cost to attendees.            

2) Low salt food items are recommended and encouraged (this excludes chips and pretzels); water alone is not considered a non-alcoholic beverage.     

3) A minimum of one case of non-alcoholic beverage must be available at every function where beer and/or wine is served. The final amount will be determined when completing the Event Registration Form.

C) An Event Registration Form must be completed and submitted to the Student Life Office at least 10 business days prior to the event. There will be no exceptions. Forms will be reviewed on a first come, first serve basis. Registration forms can be picked up in the Student Life Office.

1) For party approval the Student Life Office will consider:

a) the environment being set for the party;

b) the location;

c) the past history of the sponsoring group's social gatherings (abuse, damage, etc.);            

2) Parties that have no alcoholic refreshments need to be approved by the Dean of Students or designate, and

3) Alcohol events will generally not be approved for any day preceding a regular class day.

D). When registering an alcohol event, the sponsoring group must:            

1)  indicate who is responsible for clean-up. The College reserves the right to assign a housekeeper with charges going to the sponsoring group.         

2) name two members to serve as risk management personnel (who will not drink); and      

3) estimate approximately how many people will be attending. The group must also list what non-alcoholic beverages and food will be served and in what amounts.

E) No party will continue beyond the hour of 2:00 a.m. Earlier ending times can be set by the appropriate Resident Life staff, the Dean of Students, or designate.

F) Alcohol will not be served during the last 1/2 hour of the party.

G) A guide for alcohol amounts per 30 people of legal drinking age is as follows: beer = 13 six-packs (12 oz. containers), 2.6 - 12 oz. beers per person of legal drinking age, or wine = 9 liters.

H) All guests 21 years of age or older must be prepared to show identification indicating they are of age status. Any individual not showing this identification will not be provided alcohol by the sponsoring group or other guests. Any individual or groups providing alcohol to an underage person will be subject to disciplinary action.

I) At any time during an event should Security or a Student Life staff member see alcohol being consumed by an underage drinker or see any activity that signifies a problem or potential problem, he or she may do the following:

1) Give a warning to the individual and confiscate the alcohol;          

2) Have the individual leave the event;        

3) Close the bar (taps);           

4) Close the event.

J) No more than one alcohol event will be approved for one night nor shall one group receive  permission for more than one alcohol event per weekend.

K) If damages result from an alcohol event, the group hosting the event will pay for damage which cannot be assessed to individuals. The groups may be asked to pay a damage deposit for subsequent parties.

L) The sponsoring group/individuals will be held responsible for rules violations, misconduct or vandalism by any individual/group who has been found to be underage and under the influence as a result of direct participation in the event or from contributory negligence of the sponsoring group (i.e. serving underage individuals before or after they have already been drinking).

Remember, you are responsible for your guests.

V. Any organization can request up to three (3) parties per semester. On a limited basis, additional special events in support of the College (such as gatherings for Alumni or Parents) will be allowed.

Individuals attending sponsored social functions must provide their own beer or wine unless the sponsoring group hires an outside caterer with a license to serve/dispense alcohol and carrying the appropriate liability coverage. If a caterer is hired, alcohol may be provided in keg form.

VI. Individuals bringing their own beverage must follow these guidelines:      

A) Alcoholic beverages are limited to wine or beer unless special permission is given by the Student Life Office.

B) It is the responsibility of the individuals bringing the alcohol and that of the host to insure proper clean-up after the event.         

C) The Student Life Office will invest in receptacles for proper containment and recycling of beverage containers.

D) Alcoholic beverages brought by guests may not be mixed into any type of "punch."

Fire Policy

1. Any organization can be approved for no more than two fires per week.

2. Bonfires will only be approved with written documentation from the Elkins Fire Department.

3. Any fire that is more than 1 1/2 - 2 feet high will be considered a bonfire. Anything larger will be extinguished.

4. No fire will be approved more than one week in advance of the scheduled date of the fire and no later than 5:00 p.m. one day in advance of the scheduled activity. All requests must be made by Friday at 5:00 p.m.

5. Violations of this policy will be dealt with in the same manner as any violation of proscribed student conduct.

6. Fires can only be approved by the Dean of Students.

7. Student Life staff will be responsible for notifying Security.

8. Fires are not to be started with gasoline and highly flammable substances.  Special care should be taken when lighting fires to ensure that fires do not get out of control.

9.  The Student Life Office reserves the right to cancel a scheduled fire due to changing weather conditions.