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Alcohol and Drug Policy and Prevention Programs

Bay Path University is an alcohol-free and drug-free campus. If a Bay Path student is using or in possession of alcohol, drugs or controlled substances (without medical authorization), he or she is subject to one or a combination of the following sanctions:

Possession of alcohol:

First Offense – Community Service to match the severity of the offense.

Second Offense – Community Service and fine to match severity of the offense and meeting with Campus Counselor.

Possession, use, or sale of illegal drugs:

First Offense – Suspension or dismissal from the University.

The University reserves the right to involve local law enforcement authorities for violations of the above policy. Violators are subject to University disciplinary action, criminal prosecution and/or imprisonment. No tuition, room or board refunds are made in the event of a student’s dismissal/expulsion for violation of tis policy. Bay Path University reserves the right to enter students rom or automobile for the purpose of inspection if in the opinion of University officials, a student’s personal safety or the safety of others in the Bay Path community is in jeopardy.

Bay Path is a smoke-free campus. Smoking is prohibited in all buildings. Smokers are requested to dispose all smoking materials in the proper metal receptacles out of doors. A $50 fine will be charged for each offense.

To assist students and employees, the University provides the following resources:

Alcohol and Drug Education: University Health Services, Employee Assistance Program

Counseling Services: Counseling Center, Health Services, Employee Assistance Program

Referral Services: Counseling Center, Health Services, Employee Assistance Program

Firearms and Weapons

Firearms and weapons are not permitted on campus. Anyone bringing a firearm or weapon on campus or in possession of a firearm or weapon will be expelled. Students must possess Massachusetts Firearms Identification Card (obtainable from the Longmeadow Police Department) to carry mace or pepper spray. Disciplinary action will be taken in the event mace or pepper spray is discharged inappropriately on campus.

Violations of University policies may lead to dismissal. In such a case, the student will be informed of the violations and the reasons for the disciplinary action in writing. If a student is dismissed, within two days of the decision, they may request a hearing with a review board consisting of the Dean’s designee, the Program Chair of the major, and a faculty member of their choosing. The review board will convene with a seven-day period of receipt of a hearing request. The Director of Student Life will be present at the hearing for the purpose of presenting the University’s case. The student has the option of presenting in person or presenting their petition in writing. A final appeal may be made to the Provost and Vice President for Academic Affairs.

Hazing

The University forbids the hazing or harassment of any student on or off the campus. Hazing refers to any conduct or activity, which willfully or recklessly endangers the physical or mental health of any Bay Path student or other person. Any student who organizes or participates in hazing will be subject to dismissal. Further, hazing is a criminal offense I the Commonwealth of Massachusetts and is punishable by fine and/or imprisonment.

Chapter 269 of the General Laws (Section 17) states that “whoever is principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a House of Correction for not more than one year, or by both such fine and imprisonment.” The term “hazing,” as used in this section and Sections 18 and 19, shall mean “any conduct for method of initiation into any student organization, where on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to weather, forced consumption of any food, liquor, beverage, drug or others substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person to extreme metal stress, including extended derivation of sleep or rest or extended isolation.”

Section 18. “Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than on thousand dollars.”

Section 19. “Each school or college shall issue to every student under its authority or operating on or in conjunction with its campus or school, and to every member, plebe, pledge, or applicant for membership in such a group or organization, a copy of this section and Sections 17 and 18.”

Anti-Discrimination Policy

Bay Path University complies fully with all federal and state laws and regulations prohibiting decimation with respect to any (1) applicants for admission or employment, (2) students, (3) employees, or (4) volunteers of the University.

Should any student complaints arise despite Bay Path’s policies of non-discrimination on grounds of race, color, age, religion, national origin, sex, sexual orientation, handicap, ancestry, participation in discrimination complaint related actives, genetics or active military or veteran status, the review and apply procedures which follow should be utilized as grievance procedures for prompt and equitable resolution of the dissatisfaction. This policy incorporates by reference the requirements of Title VI, Civil Rights Act of 1964; Title IX, the Education amendments of 1972; Sections 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; and all other applicable federal and state laws, statutes, regulations, and executive directives. Any inquiries regarding these matters may be directed to Bay Path’s Title IX Coordinator and Affirmative Action Officer, the Dean of Planning and Student Development.

Anti-Harassment/ Anti-Discrimination

It is the goal of Bay Path University to promote an educational environment that is free of discrimination and illegal harassment, including sexual harassment. Discrimination and illegal harassment, including sexual harassment of students occurring at the University or in other settings in which students may find themselves in connection with their educational programs is unlawful ad will not be tolerated by the University. Further, any retaliation against an individual who has complained about discrimination and harassment or retaliation against individuals for cooperating with an investigation of a complaint is similarly unlawful and will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by students.

Because Bay Path University takes allegations of discrimination and illegal harassment, including sexual harassment seriously, we will respond promptly to these complaints and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Please note that while this policy sets forth the University’s goals of promoting and educational environment that is free of discrimination and illegal harassment, including sexual harassment, the policy is not designed or intended to limit our authority to discipline or take action for conduct which the University deems unacceptable, regardless of where that conduct satisfies the definition of decimation or illegal harassment, including sexual harassment.

Definition of Sexual Harassment

In Massachusetts, the legal definition for sexual harassment is the: “Sexual harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

Submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term of condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or, such advances, requests or conduct have the purpose or effect of unreasonably interfering with and individuals education by creating an intimidating, hostile, humiliating or sexually offensive educational environment. Under these definitions, direct or implied requests for sexual favors in exchange for actual or promised educational opportunities or benefits constitutes sexual harassment.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, hat is unwelcome and has the effect of creating an environment that is hostile, offensive, intimidating, or humiliating to students may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:

-Unwelcome sexual advances whether they involve physical touching or not;

-Sexual epithets, jokes, written or verbal references to sexual conduct, gossip regarding one’s sex life;

-Comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;

-Displaying sexually suggestive objects, pictures, cartoons;

-Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;

-Inquiries into one’s sexual experiences;

-Unwelcome discussion of one’s sexual actives.

All students should take special note that, as stated above, retaliation against individuals for cooperating with an investigation of a discrimination or harassment complaint is unlawful and will not be tolerated by this organization.

Procedure for Complaints

If any student believes she or he has been the victim of discrimination or harassment, the student has the right to file a complaint with the University. This may be done in writing or verbally.

If you would like to file a complaint you may do so by contacting the Dean of Planning and Student Development, Bay Path University, 588 Longmeadow Street, Longmeadow, MA 01106, telephone 413-565-1358. The Dean is also available to discuss any concerns you may have to provide information to you about our policy on harassment and our complaint process.

Complaint Investigation

When we receive a complaint, we will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation will include a private interview with the person filing the complaint and with the witnesses. We will also interview the person alleged to have committed the discrimination or illegal harassment. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the alleged offense of the result of the investigation.

If we find that the allegations in the complaint have been established by the investigation, we will act promptly to eliminate the offending conduct and where it is appropriate, we will also impose disciplinary action.

Disciplinary Action

If it is determined that inappropriate conduct has been committed we will take such action as is appropriate under the circumstances. Action may include such forms of disciplinary action as we deem appropriate under the circumstances.

State and Federal Remedies

In addition to the above, if you believe you have been subjected to discrimination or illegal harassment, you may file a formal complaint with either or both of the government agencies set forth below. Using our complaint process does not prohibit you from filing a complaint with these agencies. Each of the agencies has a short time period from alleged offense for filing a claim (EEOC-180 Days; MCAD-6 months).

Massachusetts Commission Against Discrimination (“MCAD”)

Boston Office: One Ashburton Place – Room 601, Boston, MA 02108 (617) 994-6000

Springfield Office: 436 Dwight Street, Room 220, Springfield, MA 01103 (413)739-2145

Equal Employment Opportunity Commission

One Congress Street, 10th Floor, Boston, MA 02114 (800) 669-4000

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