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Page 1: Concord University Athletic Staff Manual file · Web viewConcord University Athletics Mission Statement. Our mission is to provide an atmosphere that will create the following three

Concord University Athletic Staff Manual

Concord University Athletics Mission Statement

Our mission is to provide an atmosphere that will create the following three outcomes:

1. Serve the Community Dynamic engagement initiatives Promote individual and team service opportunities Proudly promote and represent Concord University and the region

2. Foster Scholarly Activity Development of academic enrichment opportunities Recognize academic success Integrate with the academic community

3. Support Liberal Arts Based Education “Academics provide the preparation necessary for success in life, while athletics

develop the self-esteem and confidence necessary to put the preparation into action”

Championship experience for each “recruiting generation” Integrate with the academic community

Concord University Athletic Department Philosophy

1. The program of intercollegiate athletics is and will be administered in accordance with a state of philosophy that is consistent with the purpose and goals of Concord University, the Mountain East Conference, and the NCAA.

2. The intercollegiate athletic program at Concord University endeavors to contribute to the total education of each individual student athlete by providing a disciplined teaching/learning experience outside the classroom.

3. The athletic program strives to provide an environment of wholesome competition to assist in the development of responsible citizens.

4. Student-athletes may develop their athletic interest and potential through a variety of intercollegiate sports, which are financially supported within the University’s budget.

5. The intercollegiate program also endeavors to stimulate the engagement of the entire community. It strives to create positive image contributing both to the recruitment of students and to support of the University from its many publics.

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Concord University Athletic Staff Manual

6. Principles of student-athlete well-being will be protected and enhanced Concord University Athletic Aid

Head Coaches will be responsible for keeping up to date lists of student-athletes on athletic aid. All students’ athletes will be eligible under the NCAA, MEC, and Concord University regulations. Head Coaches will be responsible for having the renewal - non-renewal list to the Assistant Athletic Director.

Athletic Aid Award may only be offered One Year at a time per NCAA Bylaw 15.3.3.1The renewal of institutional financial aid based in any degree on athletics ability shall be made on or before July 1 before the academic year in which it is to be effective. The institution shall promptly notify in writing each student-athlete who received an award the previous academic year and who has eligibility remaining in the sport in which financial aid was awarded the previous academic year (per NCAA Bylaw) whether the grant has been renewed or not renewed for the ensuing academic year. Notification of financial aid renewals and nonrenewal must come from the institution's regular financial aid authority and not from the institution's athletics department Per NCAA Bylaw 15.3.5.1

1. Athletic Aid may be Reduced or Canceled during the period of the Award per NCAA Bylaw 15.3.4.1 Institutional financial aid based in any degree on athletics ability may be reduced or canceled during the period of the award, if the recipient:

A. Renders himself or herself ineligible for intercollegiate competition per Coaches recommendation;

B. Fraudulently misrepresents any information on an application, letter of intent or financial aid agreement (Per NCAA Bylaw);

C. Engages in serious misconduct warranting substantial disciplinary penalty (Per NCAA Bylaw); or

D. Serious Misconduct1. Includes violating institutional policy2. Arrest by local, state, or federal law enforcement3. Indictment by local, state or federal law enforcement

D. Voluntarily withdraws from a sport at any time for personal reasons; however, the recipient's financial aid may not be awarded to another student-athlete in the term in which the aid was reduced or canceled. Further, if the financial aid is canceled before a regular academic term (e.g., preseason practice period), the aid may not be provided to another student-athlete-athlete during the ensuing academic term.

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Concord University Athletic Staff Manual

E. NCAA Bylaw 15.3.4.1.1 Fraudulent Misrepresentation If a student-athlete is awarded institutional financial aid on the basis of declaring intention to participate in a particular sport by signing a letter of intent, application or tender, action on the part of the grantee not to participate (either by not reporting for practice or after making only token appearances as determined by the institution) would constitute fraudulent misrepresentation of information on the grantee's application, letter of intent or financial aid agreement and would permit the institution to cancel or reduce the financial aid.

F. NCAA Bylaw 15.3.4.1.2 An institution may cancel or reduce the financial aid of a student-athlete who is found to have engaged in misconduct by the university's regular student-athlete disciplinary authority, even if the loss-of-aid requirement does not apply to the student-athlete body in general.

G. The student-athlete is not eligible to take part in Countable Athletically Related Activities per NCAA Bylaw 17.02.1 as applied to NCAA Bylaw 17.1.6 in part due to ineligibility due to NCAA, MEC, Concord University, or Team Regulations as signed upon by the student-athlete prior to joining the team for that term or academic year.

2. Student-athlete must be eligible for competition in order to receive Athletic Aid during their initial year of enrollment at CU. The student must satisfy one of the following;

A. Be certified a Qualifier or Partial Qualifiers by the NCAA Eligibility Center for students with less than two semester of college attendance per NCAA Bylaw

B. Or satisfy the appropriate NCAA Transfer regulations for Student Athletes transferring from a Two Year or Four Year Institution.

C. Student-athlete or guardian signs a professional sports contract, agrees in

writing or verbally to be represented by any person not related to the student-athlete for the purpose of signing with a professional team or accepts money from someone other than a parent or legal guardian. This provision applies while student-athlete has eligibility remaining per NCAA Bylaw 14.2

3. The Student-Athlete has the right to a hearing for any removal of athletic aid. A group outside the Athletic Department will conduct this hearing. The student must request this hearing in writing to the Director of Director of Financial Aid and The Faculty Athletic Representative within 30 days of issuance of the removal memo.

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Concord University Athletic Staff Manual

Eligibility

Checking Eligibility:

New Recruits – Each sport will be responsible for keeping an up to date tracking for freshmen and transfers. Coaches will be responsible for contacting the prospects for missing documentation and paperwork needed by the university or eligibility center. The earlier this is done there will be less problems when the academic year begins.

Returning Students – Each sport will be responsible for meeting with the compliance office at the end of each semester when grades are posted and rolled into academic history. The compliance office will notify head coaches when meetings will be scheduled. It is important that the Head Coach attend this meeting because it is the ultimate responsibility of the Head Coach to be responsible for their team’s eligibility.

Monitoring Eligibility:1. 12 hour or full time enrollment checked on a workday daily basis.2. The passing of 9 or more hours each semester. 3. End of semester check for GPA.4. Progress towards degree in spring and fall of each year.5. Eligibility committee will finalize each student/athletes eligibility.6. Must maintain a 2.0 GPA to compete

On Tuesday by 12:00 noon of each week, please e-mail the compliance office at [email protected] [email protected], [email protected], and your athletic trainer with notification of any changes made to the squad list. For example if a player quits the squad or is dismissed or anything of that nature. We will need an e-mail even if there is not a change in the squad list. In addition, coaches need to keep up to date records on who participates in each contest and who does not. Sometime stat sheets will not provide all the information. This will be used if a question rises if a red-shirt is to be administrated.

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Concord University Athletic Staff Manual

Fundraising

All Sports are encouraged to fundraise. The Director of Athletics should coordinate all fundraising activities prior to the event or activity.

NCAA Appeals

The Director of Athletics must give approval before any Appeals (NCAA Eligibility Center/ NCAA Regulation) is made to the NCAA.

NCAA VIOLATIONS

Secondary violation: A secondary violation is an isolated or inadvertent violation that provides or intends to provide only minimal recruiting, competitive or other advantages. Secondary violations do not include extra benefits or any significant recruiting benefits. If a school commits several secondary violations, they may collectively be considered a major infraction. Secondary violations occur frequently and are usually resolved administratively.

Major infraction: A major infraction is any violation that is not considered secondary. Major infractions usually provide an extensive recruiting or competitive advantage. Alleged major infractions are investigated by enforcement staff and can lead to severe penalties against the school and involved individuals.

WHAT TO DO IF YOU HAVE COMMITTED A VIOLATION

As soon as you have discovered a violation in your sport, please contact the compliance office and the Director of Athletics as soon as you discover the violation. If it is a secondary violation, the Secondary Violation Form will be completed with detailed penalties and sent to the MEC office. If it is a major violation, we will immediately contact the MEC office and the NCAA committee on infractions.

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Concord University Athletic Staff Manual

Playing and Practice Seasons

Concord University Athletic Staff members will follow NCAA Playing and Practice 17 in all related activities. For example, staff members must keep in mind some of the following:

1. Countable hours in both the playing season and outside the playing season. This includes daily and weekly hours.

2. Minimum and maximum number of contests allowed each season.3. Start date and end date each season. For both practice and playing.4. For individual sports, make sure there is the correct number of student/athletes and

an event and have the minimum number of contests to count for NCAA requirements.5. Bylaw 17.1.6.2 – All countable athletically related activities outside of the playing

season are prohibited one week prior to the beginning of the final examination period through the conclusion of the institution’s final examination.

Each sport will completed the Concord University Student Athlete Weekly Hourly Log. This will be turned into the compliance office on Tuesday by 12:00 noon for the preceding week.

Minimum Contests and Participants Requirement for Sports Sponsorship

In each sport, the institution’s team shall engage in at least a minimum number of intercollegiate contests (against four year, degree-granting collegiate institutions) each year. In the individual sports, the institution’s team shall include a minimum number of participants in each contest that is counted toward meeting the minimum-contest requirement. The following minimums are applicable.

Team Sports: Minimum Contests: Maximum Contests:Baseball 24 50Basketball 22 26Football 8 11Soccer 10 18Softball 24 56Volleyball 9 26

Individual Sports: Minimum Contests: Minimum Participants: Maximum Cross Country 5 5 7Golf 6 5 21Tennis 10 5 25Track and Field (Indoor) 4 10 18Track and Field (Outdoor) 4 14 18

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*Please refer to sport specific sections in Bylaw 17 for exemptions

Recruiting

Concord University Athletic Staff members will follow NCAA Recruiting rules Bylaw 13 in all recruiting activities. Coaches will use the various forms to ensure rules compliance, and every coach in the recruiting process is responsible for all documentation. All Concord University Athletics will document the following activities.

Please remember to follow your specific sport recruiting calendars. Your sport calendar may be found in the NCAA manual.

Before going off campus to recruit staff members must pass the NCAA Certification Test.

1. Unofficial Visit Form – This is to be completed and turned in to the compliance office on Monday of each week by 12:00 noon.

2. Official Visit Form – This is a two-part form. The first section is to be completed by the coach of the prospect. The second section is to be completed by the compliance office before the visit. This will ensure all documentation is in order before the visit is approved. This must be turned into the compliance office at least seventy-two hours before the visit. (PLEASE REMEMBER THE COMPLIANCE OFFICE ALSO COACHES A SPORT SO MAKE SURE YOU PLAN TO GET APPROVAL IN AN SUFFICIENT AMOUNT OF TIME) During the visit and after the visit complete the form and return it to the compliance office by 12:00 noon on Mondays of each week.

In addition, on each unofficial and official visit please provide each prospect with the packet of graduation information, initial-eligibility standards, and banned drug list.

Transfers - Concord University Athletic Staff members will follow NCAA rules when pertaining to transfers both of the 4-year and 2-year variety. The staff member needs to contact the compliance office with the information and a transfer release and tracer form can be sent. This will help determine if a student will be released and check academic and athletic history. A second form needs to be sent at the conclusion of the semester to verify the academic information.

Sexual Harassment Policy

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CONCORD UNIVERSITY BOARD OF GOVERNORSPolicy No. 37

 

PREFACE Concord University is committed to providing faculty, staff, and students with a work and educational environment free from all forms of sexual harassment. Therefore, sexual harassment, in any manner or form, of Concord University students and employees is a violation of University policy and expressly prohibited. Sexual harassment is demeaning, degrading, and illegal. It affects an individual’s self-esteem, and can have a negative impact on an individual’s work or academic performance. Therefore, this policy shall encompass all academic faculty, including adjunct and temporary; all staff and other employees on the University payroll; and students enrolled in programs under the auspices of Concord University. It is the responsibility of the University to provide educational opportunities and to take appropriate corrective action when sexual harassment is reported or becomes known. Moreover, it is the responsibility of the University to keep this policy up-to-date and distribute this policy to the University community through publications (particularly faculty and student handbooks), websites, new employee orientations, student orientations, and other appropriate channels of communication.

Section 1. GENERAL. 1.1 Scope: This rule defines sexual harassment, provides guidelines for filing sexual harassment complaints, and explains what action will be taken against those found to have engaged in sexual harassment. 1.2 Authority. W. Va. Code §18B-1-6. A policy statement issued by the Office for Civil Rights of the U. S. Department of Education on the interpretation of the following: Title IX of the Education Amendments of 1972 and Equal Employment Opportunity Commission (EEOC) interpretative guidelines issued in March 1980; and subsequent federal court decisions on the subject of sexual harassment. 1.3 Effective Date: 8/2/07 1.4 Approved by Concord University Board of Governors 6/19/07 Section 2. SEXUAL HARASSMENT RULE. 2.1 It is the rule of Concord University to maintain a work and educational environment free from all forms of sexual harassment of any employee, applicant for employment, or student. 2.2 Sexual harassment in any manner or form is expressly prohibited. 2.3 It is the responsibility of the University to provide educational opportunities to create this sexual harassment free environment and to take immediate and appropriate corrective action when sexual harassment is reported or becomes known. 2.4 Supervisors at every level are of primary importance in the implementation and enforcement of this rule.

Section 3. DEFINITION AND CONSENSUAL RELATIONSHIP GUIDELINES

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3.1 Sexual harassment is intended to be defined consistent with EEOC and United States Department of Education guidelines. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: 3.1.1. Submission to such conduct is an explicit or implicit condition of employment or academic achievement. 3.1.2 Submission to or rejection of such conduct is used as the basis for employment or academic decisions or: 3.1.3 Such conduct has the purpose or effect of: 3.1.3.1 Unreasonably interfering with an individual's work or educational performance, or: 3.1.3.2 Creating an intimidating, hostile or offensive work or educational environment, or: 3.1.3.3 Causing a reasonable person mental injury, fear, or emotional distress. 3.2 Although the University acknowledges that consensual relationships are within the realm of individual privacy, it is necessary to advise that these relationships, particularly those occurring between supervisors and staff members, between faculty and students, or between staff and students, can lead to circumstances that can be interpreted as sexual harassment. Consensual relationships can also be interpreted as causing hostile or offensive work environments when other staff members or students believe that person(s) are receiving favorable treatment in employment or educational decisions. 3.2.1 Student-Teacher Relationships 3.2.1.1 It is a University policy violation for a faculty or staff member to engage in an amorous, dating, or sexual relationship with a student. 3.2.1.1 Where there is an existing or preexisting amorous, dating or sexual relationship, the individual with the power or status advantage shall notify their immediate supervisor. 3.2.1.2 The supervisor has the responsibility for making arrangements to eliminate or mitigate a conflict whose consequences might prove detrimental to the University or to either party in the relationship. 3.2.1.3 Persons engaging in such conduct may be subject to disciplinary action. 3.2.2 Supervisor-employee relationships 3.2.2.1 The University views as inappropriate any amorous, dating, or sexual relationship with a power differential between an administrator, manager, supervisor, or staff employee when the superior has the authority, influence, or responsibility with regard to that employee. 3.2.2.1 Where there is an existing or preexisting amorous, dating or sexual relationship, the individual with the power or status advantage shall notify their immediate supervisor. 3.2.2.2 The supervisor has the responsibility for arranging to eliminate or mitigate a conflict whose consequences might prove detrimental to the University or to either party in the relationship. 3.2.2.3 Persons engaging in such conduct may be subject to disciplinary action

Section 4. COMPLAINT PROCEDURES

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4.1 Requirement for Filing Complaints 4.1.1 Any current employee, student or applicant to Concord University, regardless of whether he or she is applying for employment or for admission as a student (herein referred to as complainant) may file a sexual harassment complaint with the Vice President of Student Affairs. A sexual harassment complaint involving the Vice President of Student Affairs should be filed with the President. 4.1.2 A complaint may be filed with the Vice President of Student Affairs or President without first discussing the issues with any other University official. However, it is encouraged that individuals first attempt to resolve the complaint by bringing the issue to their or the accused’s supervisor or next level supervisor, unless the complaint involves activity that can be considered a sexual assault. 4.1.3 A complaint should be filed within forty five (45) days following the alleged act of harassment, or the date on which the complainant knew or reasonably should have known of said act. 4.2 Requirements for Handling Complaints 4.2.1 Personnel Involved: The Vice President of Student Affairs shall be charged with investigating the complaint. The Vice President of Student Affairs shall have the responsibility of appointing investigators, who shall be trained and certified in investigative procedures. The Vice President of Student Affairs, investigators involved in the complaint, and/or the complainant may request the help or advice of a trained Sexual Assault Response Team (SART) person if necessary. The investigation shall proceed as soon as possible within the times set in this policy following any report of sexual harassment. All results shall be reported to the President, who will carry out sanctions if warranted. If criminal activity is determined, the Vice President of Student Affairs shall report its findings to both the President and the Office of Public Safety. During all interviews regarding a sexual harassment charge, both the complainant and the accused shall have the right to be accompanied by an advocate or professional counsel. Both individuals shall also have the right to clarify or respond to the accusation in writing and to be apprised in writing of the outcome of the complaint. 4.2.2 The University’s Vice President of Student Affairs shall: 4.2.2.1 Receive a complaint and assist the complainant in defining the charge and completing the complaint form. The Vice President of Student Affairs and/or the complainant can request the assistance of a trained SART person if necessary; 4.2.2.2 Apprise the person(s) named in the complaint (herein referred to as the respondent) and the appropriate administrative offices of the allegation and notify them that no retaliation may occur; 4.2.2.3 Assist the individuals named in the complaint in interpreting the charge; 4.2.2.4 Take no retaliation or reprisal against the complainant, others related to the complainant, or persons involved in the complaint investigation; 4.2.2.5 Obtain a response to the complaint within fifteen (15) working days, excluding breaks, after receipt of the allegations;

4.2.2.6 Upon receipt of the response from the respondent named in the complaint, investigate the complaint further if necessary and appropriate, having access to all necessary

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documents and the right to interview witnesses, including the complainant and the respondent;4.2.2.7 Issue a finding on the case, in writing, to all individuals named in the complaint within twenty-five (25) working days, excluding breaks, of completion of the investigation; 4.2.2.8 Make recommendations for the resolution of the complaint; and 4.2.2.9 Monitor the recommendations for implementation, and see that appropriate action is taken without retaliation against the complainant or respondent. 4.2.3 The respondent shall: 4.2.3.1 Provide a response to the charge within ten (10) working days, excluding breaks, after receipt of the charge. 4.2.3.2 Take no retaliation or reprisal against the complainant, others related to the complainant, or persons involved in the complaint investigation. 4.2.4 The complainant is responsible for: 4.2.4.1 Whenever possible, attempting to resolve complaints through their or the accused’s supervisor. If such discussions fail to resolve the complaint, the complainant may seek a review of his or her complaint in accordance with subsections below. 4.2.4.2 Contacting the University’s Vice President of Student Affairs, the Office of Public Safety, and/or SART for advice and/or counseling if there is a concern about being sexually harassed, and 4.2.4.3 Filing a complaint of sexual harassment with the University’s Vice President of Student Affairs, as set forth herein, if the situation remains unresolved. 4.2.5 No employee of the University shall retaliate against either a complainant or respondent or any witness, or against any person whom s/he believes to be either a complainant or respondent or witness, nor will s/he encourage any other person to do so.

Section 5. ACTIONS TO BE TAKEN 5.1 ENGAGED IN SEXUAL HARASSMENT: Any student, supervisor, agent or other employee who is found, after appropriate investigation, to have engaged in the sexual harassment of another employee or a student will be subject to appropriate disciplinary action. Depending on the circumstances, sanctions may include termination of employment or expulsion. 5.1.1 This section does not limit the University’s right and authority to discipline any respondent who has been found to have committed sexual harassment. 5.2 DISHONEST OR FRIVOLOUS COMPLAINTS: Any student, supervisor, agent or other employee of the University who is found, after appropriate investigation, to have engaged in intentional false accusation, or the bringing of false charges shall be subject to disciplinary action, which could include suspension or expulsion to the extent allowed by the Board of Governors. 5.3 CONFIDENTIALITY: The confidentiality of all parties involved in a sexual harassment charge shall be strictly respected insofar as it does not interfere with the University's obligation to investigate misconduct allegations and to take corrective action.

5.4 SEXUAL ASSAULT, ABUSE, OR BATTERY: In all reported accusations of sexual assault, abuse, or battery, the Director of Public Safety and the appropriate law enforcement agencies

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shall be the primary investigators, and shall follow procedure as with any crime investigation pursuant to state statute.

Section 6. RETALIATION:Any student, supervisor, or employee who files a report, or otherwise takes action with regard to a sexual harassment complaint shall be protected from retaliation. Retaliation is a grieveable offense. Any student or employee found guilty of retaliation shall be disciplined to the maximum extent allowed.

SOCIAL NETWORKING WEBSITE NOTICE AND INTERNET POLICY

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Coaches working in intercollegiate athletics at Concord University is a privilege that imposes certain obligations and responsibilities on athletic staff. As ambassadors for the University you are held in high regard and are expected to portray a positive image at all times; the actions of one staff member can put the entire department in a negative light. With this in mind, the department of athletics understands the popularity and usefulness of such sites and supports their use by Athletic Staff;

No inappropriate or offensive comments are posted; Any information placed on the website(s) do not violate MEC Sportsmanship, or NCAA Regulations regarding Amateurism, Sportsmanship, Ethical Behavior, Recruiting Rules and/or Banned Substance list;

Photos and/or comments posted on these sites do not depict team related or college –identifiable activities (Including wearing/using uniforms or gear inappropriately)

Posting pictures, videos, comments, or posters that condone drug use related activity. This includes but is not limited to images that portray the personal use of marijuana and drug paraphernalia; posting of photos, videos, comments, or posters that show personal use of alcohol and tobacco. Examples would be holding cups, bongs, kegs, and/ or shot glasses etc.

Facebook, Twitter, and any other social networks that have increased in popularity are used by everyone throughout the campus and worldwide. Athletic Staff may not be aware that third parties including media, faculty, opposing teams, future employers, and NCAA Officials can easily access their profiles and view all personal information. This includes pictures, comments, and videos. Inappropriate materials found by third parties affect the perception of the student, the athletic department and the University.

Please be aware anything posted about your team and team members need to be posted in a positive manner. Do not post items about your team and team members in a negative way. That can include on and off the playing areas.

Penalties will be determined on a case-by-case basisIt is recommended that Athletic Staff immediately review and regularly monitor any internet sites that may have posted to ensure posting are consistent with NCAA and MEC rules. For reasons of safety and privacy, it is recommended that Athletic Staff refrain from posting personally identifiable information.

Email PolicyConcord University

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Issued 2/17/05Revised 3/13/08

Policy: This policy establishes the applicability of law and other Concord University policies relating to electronic mail. The University recognizes that principles of academic freedom and shared governance, freedom of speech, and privacy of information hold important implications for electronic mail and electronic mail services. The University affords electronic mail privacy protections comparable to that which it traditionally affords paper mail and telephone communications.

The University encourages the use of electronic mail and respects the privacy of users. It does not routinely inspect, monitor, or disclose electronic mail without the holder’s consent. Nonetheless, subject to the requirements for authorization, notification, and other conditions specified in this policy, the University may deny access to its electronic mail services and may inspect, monitor, or disclose electronic mail when required by and consistent with the law. The University will not attempt to regulate the content of your electronic mail and accepts no responsibility for the content of electronic mail.

Although it is impossible to ensure the confidentiality of any electronic message stored or communicated through the computing facilities, this policy articulates the procedures adopted to provide users with a secure mail environment. Electronic mail is a privileged communication between the parties involved and will be subjected to the same protection afforded traditional paper mail.

Purpose: The purpose of this policy is to describe (1) Qualifications for Email, (2) Postmaster Responsibilities, (3) Undelivered Email, (4) Email Violations, (5) Discovery of Illegal Activity, (6) File Backup, (7) Email Maintenance, (8) Email Violations Procedure, and (9) General Information and Definitions.

(1) Qualification for Email: All Concord University faculty, staff, students, and alumni qualify to receive an email account. Email accounts will be automatically created for any person who is an entering student. Information about these accounts is attainable through the University Computing Services department on the second floor of the Rahall Technology Center. Accounts are issued to persons having a valid Concord ID and/or driver license.

(2) Postmaster Responsibilities:

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The postmaster is the person assigned responsibility for dealing with email related issues at Concord University. It may be necessary at times for the postmaster to read an electronic mail header that has failed to reach its destination to determine, if possible, the intended addressee and redirect the message to the correct address. However, it is not the practice of the postmaster to read or to discuss the content of any message. The postmaster is a staff member of Concord University Computer Services department. The postmaster will read the mail only to the extent necessary to assist in proper mail delivery. Copies of the messages will not be retained after successful redirection, nor will the postmaster discuss the contents of the messages with others.

(3) Undeliverable Mail: The computer system automatically forwards all undeliverable mail to the designated postmaster and/or returns it to the sender. This is a standard feature of many mail systems. Typically, the postmaster checks the address and, where appropriate, re-sends the message to the correct address. In general, incorrectly addressed outgoing mail is ignored, while incoming email is redirected to its intended recipient.

(4) Email Violations: In general, policies and restrictions outlined in state (Electronic Mail Protection Act, West Virginia Statute, and House Bill 2627) and federal laws and the Faculty, Classified Staff or Student Handbooks are applicable when using electronic mail. Specific examples include, but are not limited to the following: • Forged Mail- It is a violation of this policy to forge an electronic mail signature or to make it appear as though it originated from a different person. • Intimidation- It is a violation of this policy to send electronic mail that is abusive or threatens an individual's safety. The use of electronic mail for sexual, ethnic, religious, or other minority harassment is also prohibited. Known threats to personal safety will be reported to Public Safety. • Harassment- It is a violation of this policy to use electronic mail to harass an individual. This includes sending or forwarding chain letters, deliberately flooding a user's mailbox with automatically generated mail, inappropriate e-mail messages, and sending mail that is deliberately designed to interfere with proper mail delivery or access. • Unauthorized Access- It is a violation of this policy to attempt to gain access to another person's mail files regardless of whether the access was successful or whether or not the messages accessed involved personal information. • Illegal Use of Mail Services- It is not only a violation of this policy to send copyrighted materials electronically - it is a federal offense. All violations will be dealt with severely. Any other illegal use of electronic mail will also be dealt with severely and/or reported to the proper authorities.

• Chain Letters/Junk Email – It is a violation of University policy to send chain letters and junk email. A chain letter is a letter sent originally through national and international mail services

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Concord University Athletic Staff Manual

and now through networks such as the Internet. The original intent was for young people, mostly students, to meet peers of the world. Writers shared such things as their community environment, their schools, their friends, and many times about their family life. Junk email is email sent as commercial transactions, personal business, and other non-university activities. The negative side to chain letters and junk email on the Internet, or any other network, is that it fills the net and the mail servers with useless junk at the expense of the subscribers that use the Internet mail legitimately. • Spam– It is a violation of University policy for anyone to “Spam” from University mail servers. Spam is exploiting servers or similar broadcast systems for purposes beyond their intended scope. • Hoaxes– It is a violation of University policy to distribute an email hoax with the intention to mislead or trick other into believing or accepting or doing something, to bring about the belief in or acceptance of what is actually false. • Attachments – Attachments are any items added in addition to the original email being created. Attachments must adhere to the section on illegal use of the mail services above. Attachments have a direct affect on all mail servers and recipients, so an attachment should not exceed 10 MB. Large attachments should never be sent in mass mailing.

(5) Discovery of Illegal Activity: Any messages whose content is clearly illegal should be reported to the “University Computing Services Help Desk”, appropriate campus official(s) or to the Public Safety Office. Such items might be discovered as part of normal Postmaster activity, dead letter processing, contact from local/state/government agencies or other tasks. Examples might include messages containing illegally obtained credit card numbers, telephone authorization codes, grade reports, criminal conspiracy, illegal transmission of copyrighted materials, or similar items. Users will be held accountable for all actions performed with their email account, including those actions performed by other individuals because of user negligence. (6) File Backup: Mail files are copied as a routine aspect of system backups. This is an automatic process that does not involve any human reading of the files copied. Such practices are not considered a violation of privacy. (7) Email Maintenance:Accumulating old email is similar to saving your old letters in order to re-read them in the future. Storage of electronic email requires disk storage on a server or the user’s computer. The user controls storing email on their computer, but email stored on the University server is subject to the Email Postmaster, and the Postmaster retains the right to delete items from any mailbox and/or the trash folder that are older than 6 months. This does not affect Microsoft Outlook, Eudora, or other POP3 users.

(8) Email Violations Procedure:

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Concord University Athletic Staff Manual

Guidelines for handling violations to this policy are the same as those outlined in the “Acceptable Use” policy.

The University reserves the right to authorize disconnecting a user's account if the user represents a threat to system or mail integrity. As part of an investigation, the University may examine mail files, logs, and any other appropriate documents or testimony. The appropriate Faculty, Staff or Student Handbook, local, state or federal law, shall determine any necessary disciplinary action. If any provision of this policy is ruled invalid under law, it shall be deemed modified or omitted to the extent necessary, and the remainder of the policy shall continue in full force and effect. (9) General Information and Definitions: What Is Electronic Mail? Electronic mail (email) is a computer-based system for exchange of messages and other information, which may include textual and numeric data, computer programs, and graphics. Email is one of the most common applications of time-shared computers, mainframe computer networks, and local area networks of microcomputers. Email also fulfills a widespread need for rapid, easy, inexpensive communication with individuals and groups.

How Does Electronic Mail Work? Electronic mail applications vary across many software and hardware environments, but in essence, is a computer-enhanced memorandum that usually includes the following: • To – The “To” is the email address of the person or person(s) receiving the email. This is normally in the form of a user account, the “@” sign, and the machine name of the email server (e.g. [email protected]). The email address is similar to a number and street address used for sending a letter via the U. S. Post Office. • From – The “From” is the email address of the sending the email. Similar to the “To” address above. • Date - The “Date” is automatically included by the system. • Subject - The “Subject” line is usually a few key words typed by the sender. • Body – The “Body” is the content of the memorandum is entered either from the keyboard or by including a previously composed file (such as from a word processor). The completed memorandum is sent to the recipient(s), who later can issue a command to read, reply, delete, print, forward, or file.

Email Uses: • Day-to-day communication traditionally accomplished by phone, postal service, and overnight courier is probably the most common use of email. Electronic mail is timely and convenient, and provides inexpensive access to colleagues. • List serves - subscribing to interest-group lists is yet another email application.

Email Access:

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Concord University Athletic Staff Manual

To use electronic mail at Concord University, it is necessary to have an email account, which is unique for each user. This prevents anonymous email and establishes the electronic address for each email user to which electronic mail can be received from other email users on or off campus. Each email account is protected, in part, from unauthorized access by requiring the use of a unique password to identify the legitimate user. Administrators, faculty, and staff may request an email account. While Concord University does not prohibit the use of email for personal reasons, users should be aware that the primary intention of providing email service is to support the educational mission and conduct the daily business of the University.

Pornography and ICT Facilities PolicyConcord University

Issued 2/17/05Revised 3/13/08

Policy StatementThe University aims to prevent its staff, students, visitors and contractors from having unnecessary contact with pornographic material accessed through information and communication technologies (ICT). Contact with such material may not only be offensive but could also be construed as a form of harassment. All types of harassment are unacceptable, discriminatory and, in certain circumstances, unlawful. This Code aims, in particular, to prevent and address harassment arising from the use of University ICT facilities, or ICT facilities used on University premises, to access, display, generate, distribute, forward or store pornographic material. The University seeks to maximize the opportunities afforded by ICT for teaching, research, and administration however; these facilities must be used acceptably, responsibly, and legally. In particular, using ICT facilities to access, display, generate, distribute, forward or store material which may be offensive, pornographic, obscene or abusive is unacceptable and, in many cases, illegal. All such incidents will be treated seriously and could provide grounds for disciplinary action leading to dismissal or expulsion from the University. The University takes breaches of this Code seriously and will co-operate with efforts to prosecute anyone using its ICT facilities unlawfully. If University ICT facilities are used in connection with pornographic material, a complaint should be made to the Director of Computer Services, the Director of Academic Technologies, the Director of Human Resources, or the head of department/division who will decide if the matter should be reported to Campus Police Office or if it can be dealt with by the University procedures outlined below.

Reasons for this Policy

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Concord University Athletic Staff Manual

Using ICT facilities in connection with pornographic material is unacceptable to the University and may be contrary to criminal legislation. Furthermore, using ICT facilities in connection with pornographic material also contravenes the University’s Code on Harassment. Harassment has legal implications in various types of legislation, including Health and Safety law. This policy also helps to ensure that University staff, students, visitors and contractors conform to the University’s Acceptable Use Policy for ICT, which defines accessing, or making ICT pornography available as unacceptable. If such activities are not discouraged the University’s internet link could be suspended and this would have far-reaching negative implications.

Definitions

ICT pornography is understood by the University to be material of an explicit sexual nature which is made available, displayed, generated, distributed, forwarded or stored using ICT facilities such as the internet, software packages, email, storage devices, mobile telephones or computer hardware. The pornographic material may be in the form of visual texts, including photographs or moving images, such as video files including mpg, avi, and ram files, or written texts and may depict, for example, bestiality, pedophilia, sexual torture, incest, lewd display of genitalia, or depictions of lewd sexual activity.The University acknowledges three exceptions to the Code outlined here. Firstly, the University is mindful that there is legitimate study and research into ICT pornography and associated issues and this is the only reason for deliberately accessing such material. Individuals must be able to show that the access is necessary to their work or studies and they are expected to exercise discretion to ensure that the spirit of the Universities Acceptable Use Policy is not contravened. They should take great care also that the material is not stored or displayed in a way that would offend others who may come into contact with it. Additionally, there may be incidents involving the unsolicited receipt of ICT pornography and the University would NOT discipline an individual in such circumstances.

ICT Pornography Complaints Procedure

Action may be taken at two levels to address complaints of ICT pornography and these are outlined below. In less serious cases, it may be sufficient that disciplinary action is taken by the appropriate University authorities, such as Systems Managers. Other cases will be referred to Campus Police. A member of the Campus Police will decide on the severity of the offence. In general, the University will hand to the police incidents in which there is: pornographic material involving moving images; pornographic text or images with personal reference to the recipient; pornographic material circulated from Concord University to other organizations; pornographic material of a pedophile nature or containing references to bestiality. Advice on dealing with complaints about ICT pornography can also be obtained from the Director of Computer Services, Director of Academic Technologies, Director of Human Resources, or the Director of Campus Police. Faculty/Staff

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Concord University Athletic Staff Manual

Any member of the faculty or staff found to have transgressed the Acceptable Use Policy with regard to ICT pornography will be subject to disciplinary action in accordance with their Conditions of Service. Disciplinary action may take the form of a verbal or written warning and, for serious misconduct, demotion, transfer or dismissal. Incidents of a more serious nature will also be referred to the Campus Police and the University authorities will be informed.

Students

Any student found to have transgressed the Acceptable Use Policy with regard to ICT pornography will be subject to disciplinary action. If appropriate, the incident may be dealt with by the Systems Manager or Head of Department. Incidents of a more serious nature will be referred for action under the major offences procedure, or to the Campus Police. There will be no further University action normally until the outcome of a police investigation when the Student Disciplinary Panel will consider the incident.

Monitoring

Incidents of ICT pornography dealt with by the University including those referred to the Campus Police will be tracked on an annual basis by Computing Services.

Responsibilities

The co-operation of all University staff, students, contractors and visitors is essential to ensure the success of this policy. The University is committed to acting positively to prevent in addition, address incidents involving ICT pornography and is involved in a program of staff training to heighten awareness about this important matter.