Campus Policy Statement

Minnesota State University Moorhead encourages students, employees and other university community members to be fully aware of the safety issues occurring on the campus and to take action to prevent and to report criminal and inappropriate activities. Personal awareness and applying personal safety practices are the foundation of a safe community. This report is prepared to provide members of the campus community with information concerning crime statistics, safety and security practices and policies, and to comply with the Jeanne Clery Act.

Minnesota State University Moorhead monitors criminal activity and maintains a three year statistical history on the main campus, at the Regional Science Center and at off-campus facilities owned or rented by Minnesota State University Moorhead or recognized university organizations (Public Law 101-542). Any criminal activity reported at the Regional Science Center will be reported in a separate category from the main campus.

Minnesota State University Moorhead has no authority to require the Moorhead Police Department, Clay County Sheriff’s Department or the judicial court process to take any action in connection with a reported crime. Minnesota State University Moorhead encourages prosecution of all criminal violations through the criminal courts and, if appropriate, the campus conduct process for violations committed on campus by other students.

The University currently has a number of policies and procedures relating to campus security and safety, and it expressly reserves the right to modify them or adopt additional policies or procedures at any time without notice. Such changes may appear in successive issues of this report.

2. AUTHORITY:
Security staff are employees of Minnesota State University Moorhead and are not certified or sworn peace officers, but are authorized, when appropriate, to make a citizen’s arrest. Normally, a citizen’s arrest is made only in the presence of a Moorhead Police Officer.

3. CRIME PREVENTION PROGRAMMING:

Minnesota State University Moorhead provides a variety of crime prevention programs and services including;

A. Escorts:
The Security Dispatch Center, 1025 7th Avenue South is staffed 24 hours a day, 365 days a year. Patrol officers are on duty 24 hours a day also. Personal escort services are conducted on a 24 hour basis by foot patrol officers. Calls for escorts should be made to Campus Security (2449). Escorts are normally conducted within the perimeter of the campus.

Security staff normally patrol the campus 24 hours, seven days a week. The Security Dispatch Office (1025 South 7th Avenue, 236-2449) is staffed on a 24-hour basis and monitors the University’s 3 radio systems, fire alarm system, emergency weather radio, building access system and the campus operator line when the University offices are closed. The Dispatch Office also serves as the Housing and Residential Life paging service.

Campus Security staff are available to take criminal reports, in person or by telephone, at any time. Individuals are encouraged to come to the Campus Security Office (1025 South 7th Avenue or 236- 2449) to complete writtens statements. Individuals making the report may receive a copy of their report by asking at the time of making the report or at a later date by showing appropriate identification.

Minnesota State University Moorhead normally distributes the Annual Campus Report to students via post card notification indicating that the report is available on the Internet; a copy of the report is sent to employees via campus mail; and a copy of the report is sent via US Mail to prospective students or employees who request it. The Annual report is available on the Internet and can be accessed through the University’s computer webpage at

http//www.mnstate.edu or accessing the report directly at http//www.mnstate.edu/security/crimereport.htm

Copies of the University’s past Annual Crime Reports may be viewed at the Reserve Desk of the University’s Livingston Lord Library.

In cases where the alleged perpetrator is a student and taking the same classes as the complainant, the complainant may request the Minnesota State University Moorhead Registrar to change class sections. Such requests will be granted if reasonably available and if a complaint has been filed with Campus Security and/or the Moorhead Police Department. If desired, Campus Security staff will assist individuals in making a report to the city police.

In cases where the alleged perpetrator and the complainant live in the same residence hall, the complainant may request the Director of Housing & Residential Life to change, temporarily or permanently, their housing assignment. Such a request will be granted if reasonably available and if a complaint has been filed with Campus Security and/or the Moorhead Police Department.

Campus Security provides assistance in presenting programs on campus safety and security. Campus Security develops and presents educational programs in the areas of crime prevention, sexual assault awareness, fire prevention, annoying phone calls, personal safety, etc. Campus Security works closely with the Moorhead Police and Fire Departments and the F-M Rape & Abuse Crisis Center in presenting programs. Campus Security has available brochures, flyers, pamphlets, movies, videos and posters concerning various safety and security issues.

The Minnesota State University Moorhead Health Center and Counseling and Personal Growth Center provide staff to aid students in coping with a variety of issues including sexual assault awareness, personal safety, alcohol and drug abuse.

Specific programming by the Health Center included presentations to each First Year Experience classes on alcohol and drug abuse awareness and relationship issues. One hour seminars on risks of alcohol abuse are presented annually for all athletes, as well as, two hour Alcohol Learning Experience classes for sanctioned students.

The Human Resource Department conducts various safety and security sessions for University employees on a as needed basis.

The Campus Security Department coordinates a sexual awareness program (1) during fall semester. In addition, department staff will conduct departmental safety and security sessions (4) upon request.

During the University’s Fall Orientation, programs on safety and security are presented to incoming freshman including sessions on personal safety (2), sexual assault awareness (2) and self defense (2).

In cases of reported aggravated assault, arson, burglary, motor vehicle theft, criminal homicide, forcible and non forcible sex offenses and robbery, if the Director of Security determines there may be a continuing threat or danger to the university community The University will publish a warning through any or all of the following media: campus bulletins, campus radio station, campus newspaper, residence hall bulletins and residence hall cable system, e-mail, etc.

4. STUDENT DISCIPLINE:

Individuals or individual members of organizations in violation of the rules and regulations of the university are subject to disciplinary action by the University Conduct Committee, University Conduct Officer, University Administrator or their designee responsible for the judicial process.

The complete Student Conduct Statement of the University may be found in the Student Handbook or by requesting a copy from the Office of Student Development.

5. PERSONAL SECURITY RECOMMENDATIONS:

A. Protect Yourself:
Security staff are available to assist you in protecting yourself by providing regular foot and/or vehicle patrols, safety and security programs, as well as, various safety and security posters and brochures. However, only you can protect yourself by being aware of your surroundings and taking appropriate steps in preventing crime from happening. Only you can lock your door, secure your valuables, call for an escort, etc.

Even if you have taken the necessary precautions, you may be a victim of a crime. If that should happen, please report the situation immediately to Campus Security, and/or the Moorhead Police Department.

If you feel that there may be an area of the campus that is unsafe, please bring your concern the attention of the Director of Campus Security or the Vice President of Student Affairs.

Campus Security, Residence Life, Health Center and/or the Counseling Center staff and the Moorhead Police Department are all willing to provide programs on any safety and security issue.

1. Lock your door—Even if you are only going to the bathroom or into the room next door. A surprising number of thefts from rooms are accomplished while the resident is on the same floor, but has just stepped out for "a minute." It takes approximately 30 seconds to walk into your open room and steal your valuables.

2. Lock your door when you are asleep.

3. Do not prop open outside building doors that are supposed to be locked. These doors are locked for your, and other residents, protection.

4. Do not loan your keys to anyone— not even a friend. They may not be as careful with them as you are and may lose or misplace them, just long enough for the wrong person to gain possession.

5. Do not leave keys lying around in public places or in your coat or jacket pocket when you’re not wearing it.

6. Carry car keys on a separate ring from your room key and other keys. Do not put your name and address on your key rings. It is as easy to use the key to steal as it is to return them.

1. Protect your belongings by engraving your personal identification on your valuables.

2. Personal property (purses, briefcases, calculators, etc.) should not be left unattended.

3. Lock your door whenever you leave your room or office. Always lock your door when sleeping. Always lock your car doors.

4. Do not open the exterior doors to strangers, or nonresidents. Always escort visitors to and from the main entrance doors.

5. Protect all valuables in your room or office. Do not leave valuables in plain view.

6. Take valuables home with you during vacations.

7. You are encouraged to open a savings or checking account rather than allow large sums of money to accumulate in your room. If you open a checking account, remember the number of the last check written. The theft of a single check can go undetected until a bank statement discloses a forgery.

1. Always lock your car doors and never leave your keys in the vehicle.

2. Try to park your car in a well-lit area.

3. Avoid leaving property where it is visible.

1. Park your bicycle where you can observe it if at all possible. Lock your bicycle.

2. Bicycle thefts are on the rise. Case-hardened heavy locks and chains afford the best protection.

3. Record serial and model numbers of your bicycle. Engrave the bicycle with your operation identification number.

1. Avoid walking alone at night.

2. Refrain from taking shortcuts; walk where there is plenty of light and traffic.

3. Call Campus Security for an escort (2449).

1.Avoid walking or jogging alone after dark. If you must travel alone at night, use the Minnesota State University Moorhead Escort Service (2449) to escort you to your on-campus destination or locations near campus.

2.Walk along well lighted routes.

3. Be alert to your surroundings. If you suspect you are being followed, run in a different direction, go to the other side of the street and yell for help, or head quickly for a lighted area or group of people.

4.Have your keys ready when returning to your car, residence hall or apartment.

1. Watch for suspicious persons in and around university buildings and parking lots. Do not pursue them. Call Campus Security immediately. Call Campus Security if you should enter your room and find an unapproved stranger inside, regardless of their "cover story".

2. Door-to-door soliciting is not permitted in University residence facilities. Violations of this rule should be reported to your hall director immediately.

3. Report thefts and property losses immediately to Campus Security.

4. Be safety and security conscious at all times.

6. FIRE SAFETY:

All University buildings, except the Maintenance

Building, are equipped with automatic fire alarm systems.

Nelson Hall, the University’s only high rise residence

hall, is equipped with an automatic sprinkler system.

Moorhead Fire Department is called to respond to all fire

alarms prior to determination of the cause. Students,

employees and visitors are subject to criminal citation

and/or university discipline for failure to evacuate when an

alarm is sounding.

In 1999 Minnesota State University Moorhead responded

to 142 fire alarms on campus. 102 were in the University

residence halls and included, 43 mechaniical problems, 7 false alarms (pulled station), 16 as a result of dust from construction, 38 as a result of unattended cooking. Of the 40 alarms in the academic buildings there were, 19 mechanical problems, 3 false alarms (pulled station), 16 as a result of dust from construction, 2 as a result of unattended cooking.

One alarm was reported at the Regional Science Center as

a resuplt of contractors working on the system.

1. Pull a fire alarm station if the alarm has not already been activated. As you exit, knock on as many doors as you can and shout a warning to the occupants of the building.

2. Leave the building immediately.

3. Attempt rescue efforts only if there is no immediate or foreseeable danger to yourself. Otherwise, immediately inform a Campus Security Officer, Moorhead Police Officer, or Moorhead Fireman where you last saw the individual.

4. Call Campus Security (2449) to verify they have received computer notification of the alarm and give the dispatcher any information about the alarm.

5. Do not enter the building without a fire official’s permission.

1. If there is smoke in the room, remain next to the floor.

2. If possible, put a wet towel over your mouth and nose.

3. Before passing through any entrances feel the door. If it is hot, do not open it.

4. If you can open the door (if it is not hot to the touch), brace yourself against the door and open it slowly in order to make sure there is not heat or heavy smoke on the other side. If there is, close it immediately.

5. If you are able to leave the room through the door, close it as you exit.

6. Go to the nearest exit or stairway. Do not use an elevator.

7. If the nearest exit is blocked by fire, heat or smoke, go to an alternate exit.

8. If all exits on the floor are blocked, go back to your room, close the door, open the window as described below, wave something out the window and shout for help. Call Campus Security (2449) and give them your room number.

9. Open the windows from the top, if possible (to let out the smoke and heat) and then from the bottom (to let in fresh air).

10.After evacuating the building, stand clear of it. .

If you see any suspicious activity on or near the campus,

call Campus Security immediately (2449). Do not

assume that what you observe is an innocent activity or

that it has already been reported.

7. ANNUAL REPORTS:

Annual Campus Security Report Statistics

1998 Campus Security Statistics

1998 Science Center Security Statistics

A. Complaints:
The University’s Annual Security Report includes criminal reports made to Campus Security and/or the Moorhead Police Department, for the main campus, and the Clay County Sheriff's Department for the Regional Science Center. The Annual Security Report includes reported crimes alleged to have occurred on the campus and facilities owned or rented by Minnesota State University Moorhead and/or recognized student organizations (PL101-542). As required, reported crime will also be identified by location of occurrence.

1. Criminal Homicide*

Murder and nonnegligent manslaughter

Negligent manslaughter

2. Sex Offenses

Forcible

Non-Forcible

3. Robbery

4. Aggravated assault

5. Burglary

6. Motor vehicle theft

7. Arson*

* Added to mandated list by federal legislative action in October 1998.

In the interest of safety Minnesota State University also includes the following additional criminal and safety data:

1.Simple Assault

2. All other larceny including any classifications of all other larceny, theft from building, theft of bicycle, theft from motor vehicle, theft of motor vehicle parts

3. Vandalism including any classifications of vandalism,destruction of property and graffiti

4. Missing Persons

5. Fires

6. False Fire Alarms

Minnesota State University Moorhead will report if any of the above criminal reports are also hate crimes. These reports shall be classified according to category of prejudice including race (ra), gender (ge), religion (re), sexual orientation (so), ethnicity (en) or disability (di).

Minnesota State University Moorhead reports the number of arrests on campus, to the extent that the university is able to obtain such information from the Moorhead Police Department and the Clay County Sheriff's Department, for:

1. Liquor law violations.

2. Drug abuse violations.

3. Weapons possession violations.

Minnesota State University Moorhead reports the number of persons referred for campus disciplinary action for:

1. Liquor law violations.

2. Drug abuse violations.

3. Weapons possession violations.

In the interest of public safety Minnesota State University Moorhead has begun, with the 2000 Annual Security Report, to include several other criminal categories including simple assaults, all larcenies and vandalisms.

The Director of Security serves as the primary liaison, concerning campus safety, criminal activity and security services, with all law enforcement agencies. The Director, or his/her designee, shall make classification decisions concerning campus criminal reports. The Director shall defer to local law enforcement professionals when there is doubt about appropriate classification. Minnesota State University Moorhead also follows the FBI Uniform Crime Report "hierarchy rule." In reports with multiple alleged crimes only the most serious will be listed.

1. Campus: any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and any building or property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

2. Student Residences: a subset of ‘On Campus’ crimes which includes only those crimes that were reported to have occurred in dormitories or other residential facilities.

3. Noncampus Buildings or Property: any building or property owned or controlled by a student organization recognized by the institution; or any building or property (other than a branch campus) owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes; is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

4. Public Property: (1) all public property, including Moorhead streets, sidewalks, and parking facilities, that is within the outer perimeter surrounding all property and buildings on the campus of the institution that are adjacent to one another; (2) any sidewalk, street or parking facility immediately adjacent to any property or building on the outer perimeter described in clause (1); and (3) any street, sidewalk or parking facility immediately adjacent to any facility or property within the same reasonably contiguous geographic area that is outside the perimeter described in clause (1) and is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.

5. A Business Day is defined as Monday through Friday, excluding any day when the institution is closed.

6. Referred For Campus Disciplinary Action: Written referral of any student to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction.

7. Campus Security Authority: (1) A police or campus security department maintained by an institution. (2) An individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses. (3) An official of an institution who has significant responsibility for student campus activities, including, but not limited to, student housing, activities, student discipline and campus judicial proceedings.

8. Professional Counselor: An employee of an institution whose primary responsibility is providing psychological counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification.

THE FOLLOWING POLICIES CONCERN REPORTING CRIME OCCURRING ON THE CAMPUS OF MOORHEAD STATE
UNIVERSITY.

8. CRIME REPORTING POLICIES:

1. The Campus Security Department is located in 1025 7th Avenue South or 2449. The Campus Security Department is the office of official record for all criminal reports made on campus. Students, University employees and visitors are encouraged to report immediately any and all criminal activity to Campus Security (1025 7th Avenue South - 236-2449) and/or the Moorhead Police Department (Law Enforcement Center, 915 9th Avenue North, 299-5111).

2. Campus Security works closely with the Moorhead Police Department, Clay County Sheriff’s Department and State and Federal Law Enforcement agencies to track and respond to campus criminal activity.

3. Criminal reports, and any statements relating to these reports, made to Campus Security will be forwarded to the Moorhead Police Department.

4. The Campus Security Department maintains a Daily Log that lists the identifying report number, initial classification, date, time, general location and, if known, the disposition of each criminal report within two business days of the report being received by Campus Security. This information may be delayed in being placed on the Daily Log in cases where such disclosure is prohibited by the Minnesota Data Privacy Act or where such disclosure may jeopardize the confidentiality of the victim.

5. When alleged perpetrators are identified as students, the case will be forwarded to the University Conduct Officer for investigation and appropriate action. Criminal investigation, arrests and prosecution can occur independently and at the same time as the campus judicial process.

6. The Security staff will assist the Moorhead Police in any investigation, as requested.

7. All allegations will be investigated, if feasible. If Campus Security, the Moorhead Police Department or the Clay County Sheriff's Department "conclude that the allegations reported are not substantiated by the facts or the law, no campus crime need be disclosed as a statistic." (Federal Register, April 29, 1994).

8. Reports will be classified by the Director of Campus Security in conjunction with the appropriate police agency according to the FBI Uniform Crime Report definitions.

9. Minnesota State University Moorhead monitors and records student criminal activity at both on and off campus locations of student organizations recognized by the University, including student organizations with off-campus housing facilities.

10. The University normally requires a written complaint, and the assistance of the complainant in the disciplinary process, unless the University determines that there is a clear danger to the victim and/or the university community.

1. All students or University employees who become aware of an alleged violation of a University policy, student code of conduct, civil or criminal law should report the complaint or allegation to their supervisor and the Director of Security immediately after becoming aware of the situation. Pertinent information will need to be provided at that time including date, time and who was involved. The Federal Register, dated April 29, 1994, expands those required to make reports by defining Campus Security authorities to include "officials of the institution who have significant responsibility for student and campus activities, but not including counselors." The November 1, 1999 Federal Register further defines who is required to report.

2. Any criminal activity should be reported directly to Campus Security and/or the Moorhead Police Department. However, the following have been identified as being required to report situations of a criminal nature, that have come to their attention, to Campus Security:

Activities Organization Coordinator, Admissions Director, Affirmative Action Officer, Alumni Director, Area Directors, Athletic Director, Athletic Trainer, Assistant Director for CMU Facilities, Assistant Coaches, Assistant Registrar, Associate Vice President for Academic Affairs, Associate Registrar, Associate Director of Student Development, Career & Placement Services Director, Coaches, Co-Director of the MSUM Pre-School, Deans, Department Chairs, Director of International Programs, Director of the Regional Science Center, Disability Services Coordinator, Financial Aid Director, FYE Program Director, Hall Coordinators, Health Promotions Coordinator, Health Center Director, Heatlh Center Nurses, Housing & Residential Life Director, Housing & Residential Life Associate Director, Human Resource Director, International Student Advisor, Intramural Director, Judicial Officers, Multicultural Student Affairs Coordinator, New Center Director, Parking Coordinator, Personnel Aide, Personnel Aide Senior, Personnel Officer Senior, President, Registrar, Resident Assistant, Student Development Director, Student Organization Advisors, Student Teaching Abroad Director, Student Union Director, Student Union Executive Director, University Bookstore Supervisor, Vice President for Academic Affairs, Vice President for Administrative Affairs, Vice President for Student Affairs, Volunteer Services Coordinator as well as, any assistants, associate and assistants to for those listed above.

According to the Federal Register, April 29, 1994, "the function of these administrators is not to determine whether a crime took place - that is the function of the law enforcement professionals working within the criminal justice system - but with respect to these regulations to report the alleged crime, that was received in good faith, to the appropriate law enforcement personnel, either campus or local police."

3. Failure to report criminal activity to Campus Security in a timely manner may result in disciplinary action by the University.

4. When reports are made to Campus Security, the Director of Security shall determine if a threat continues to exist to the campus community. If it is determined that such a threat continues to exist, a warning will be sent out, via appropriate methods, informing the campus community.

5. University employees and students, who are not members of the Campus Security staff, are encouraged to assist anyone reporting alleged criminal activity in contacting Campus Security and/or the Moorhead Police Department in order to file a criminal report.

6. Student organizations which have control of any facility are encouraged to report safety and security concerns to Campus Security, 1025 7th Avenue South or 2449; or to the Director of Security (299-5869).

9. CRIME REPORTING PROCEDURES:

A. All criminal activity occurring on campus should be reported immediately to Campus Security (1025 7th Avenue South or 2449) and/or the Moorhead Police Department (9-911).

B. Attempt to obtain a description of the offender(s), including sex, age, race, hair, clothing, and distinguishable features. Attempt to obtain a description and license number of any vehicle involved. Note the direction taken by offenders or vehicles and report these to Campus Security or the police. Do not attempt to investigate this situation on your own.

C. Preserve the crime scene: Do not touch any items involved in the incident. Close off the area of the incident and do not allow anyone in the crime area until Campus Security and/or the Moorhead Police arrive.

D.The Campus Security staff will assist the complainant in completing criminal reports.

E. Reports may be made to Campus Security and/or the Moorhead Police Department either by telephone or in person.

F. Anyone filing a criminal activity complaint with Campus Security should recieve a copy of the University’s Complainant’s Bill of Rights.

10. REPORTING PROCEDURES FOR CRIMINAL ACTIVITY COVERED BY THE CAMPUS SECURITY ACT:

A. Alcohol Violations:
The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition).

Minnesota State University Moorhead enforces the Minnesota drinking laws, including prohibition of use by persons under 21 years of age, and University policy. Possession or consumption of alcoholic beverages is prohibited anywhere on university property regardless of age. The only exception is authorized use for special (nonstudent) functions. Only the President may authorize such programming use.

If the person is not cooperative or it is determined that they are underage, the Moorhead Police may be called to assist. The Campus Security staff may press charges in these situations. Normally, if the individuals involved are students they may be referred through the campus, or residence hall, disciplinary system.

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

1. Victims residing in the same residence hall as the alleged perpetrator may request to be moved to different facilities pending the conduct hearing or court trial. The University will accommodate such requests if space is available.

2. The name of the alleged perpetrator(s) will be forwarded to the Campus Conduct Officer for appropriate action.

The unlawful entry of a structure to commit a felony or a theft. Includes forcible entry, unlawful entry with no force and attempted forcible entry.

1. Be careful to preserve physical evidence. Don't allow others to walk through the area or to touch anything. Keep the area secured.

2. The report should include specific information about any property taken including brand name, color, serial numbers, and any identifying marks or characteristics.

Are violations of Federal, State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroine, codeine,); marijuana; synthetic narcotics (demerol, methadone); and dangerous nonnarcotic drugs (barbiturates, benezedrine).

The possession, use or sale of illegal drugs (other than by a doctor's prescription) is prohibited on university property. Minnesota State University Moorhead enforces both Minnesota and Federal drug laws regarding the use, possession and sale of illegal drugs.

The theft or attempted theft of a motor vehicle.

The willful, non-negligent killing of one human being by another.

No information will be provided by University personnel concerning the circumstances of the report until authorized by the appropriate police personnel.

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

1. Be careful to preserve evidence. Don't allow others to walk through the area or to touch anything. Keep the area secured.

2. The report should include specific information about any property taken including brand name, color, serial numbers, and any identifying marks or characteristics.

Forcible: Any sexual act directed against another person, forcibly and/or against that person's will: or not forcibly or against the person's will where the victim is incapable of giving consent.

1.Types:

a. Forcible Rape - The carnal knowledge of a person, forcibly and or against that person's will, or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

b. Forcible Sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will, or not forcibly against the person's will, where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

c. Sexual Assault With An Object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will, or not forcibly or against the person's will, where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

d. Forcible Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will, or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

2. Procedures:

a. Every effort should be expended to ensure that physical evidence is properly maintained and protected. Do not bathe, douche, use the toilet, or change clothing. Note anything about the location. If you have been raped, you should seek medical treatment immediately regardless of whether you report the matter to the police.

b.Survivors of sexual assault may request that no further action be taken by the University. The University will attempt to comply unless the University determines that there is a clear danger to the survivor of the sexual assault or the university community. The University encourages the use of the courts and the campus discipline system.

c. Campus Security will accept third party reports. Third party reports contain information about the incident, with the exception of the survivor's identity.

d. If requested by the survivor of a sexual assault, a third party report may be made by the Director of Campus Security to the Moorhead Police Department. The survivor’s name normally will not be used or released.

e. A survivor of a sexual assault is encouraged to seek medical attention at a hospital or clinic of their choice and seek counseling through the Rape and Abuse Crisis Center (a rape counselor is located in Hendrix Health Center, Dahl Hall) or the MSU Counseling Center located in Bridges Hall 260.

f. If the alleged perpetrator is identified, the case will be forwarded simultaneously to the University Conduct Committee and to the Moorhead Police Department for appropriate action.

g. The University normally will not take any disciplinary action against a member of the campus community without a written complaint and the assistance of the complainant in the disciplinary process, unless the University determines that there is a clear danger to the survivor or the university community.

h. The survivor of a sexual assault and the alleged perpetrator may be accompanied by an advocate/advisor at any campus disciplinary proceeding concerning the sexual assault complaint. (Refer to the Student Handbook for more information).

i. The survivor of a sexual assault will be informed of the outcome of any campus disciplinary proceeding concerning the sexual assault complaint, consistent with laws relating to data practice. Generally, this information should not be disclosed to the public.

j. University authorities will inform sexual assault survivors of their rights to assistance from the office of the Crime Victim’s Ombudsman and the Crime Victim’s Reparations Board, and will provide assistance in contacting these offices.

Unlawful, non-forcible sexual intercourse.

1. Types

a. Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

b. Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.

2. Procedures: (Refer to procedures in Sex Offenses - Forcible section)

The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.

For safety reasons, explosives, firearms, ammunition and other lethal weapons (such as bows and arrows, knives, etc.) are prohibited on campus. The University does not store these items.

11. REPORTING PROCEDURES FOR CRIMINAL ACTIVITY NOT COVERED BY THE CAMPUS SECURITY ACT:

1. Obscene or threatening telephone calls should be reported to Campus Security immediately. Other harassing telephone calls should be reported if they persist. If you receive such a call, remain calm and hang up and report the call to Campus Security immediately.

2. The Moorhead Police Department or the University may request the telephone company to place tracing equipment on the telephone through the telephone company office. This is done if the person receiving the telephone calls is willing to file a written complaint and follow through with prosecution if the perpetrator is located. The telephone company has its own policy regarding when, and if, they will place any tracing equipment.

3. Be sure to record the time of the call and what was said or happened.

4. The University will normally not pay the expense of changing telephone numbers.

1. Please provide as much detail about the call as possible. Writing the message, word for word, may assist the law enforcement personnel in identifying the perpetrator.

2. Listen to the detail of the threat, e.g., background noises, how statements are made, location of bomb and time of detonation.

3. Campus Security, in compliance with University policy, will contact appropriate campus personnel and community agencies to aid in determining building evacuation.

Violence between two people living in the same household. If a report has been made to Campus Security and is pending court or campus disciplinary action, appropriate on-campus escort services will be provided, if requested. If the victim requests, the University will attempt to provide alternative housing for on-campus residents and change classes.

Exposing oneself's private parts is a crime in Minnesota.

An individual missing under unusual circumstances.

The University will begin an immediate investigation, with in the scope of its authority. Moorhead Police normally do not begin an investigation, without a strong indication of foul play, until the person has been missing at least 24 hours during the week and 48 hours on weekends.

An unlawful attack by one person upon another without inflicting severe or aggravated bodily injury.

1. Determine if anyone needs medical attention?

2. Keep the combants away from each other.

3. Be careful to preserve evidence. Don't allow others to walk through the area or to touch anything. Keep the area secured.

4. The report should include specific information about what was said by whom and who did waht.

A theft from building is classified as "from within a building which is either open to the general public or where the offender has legal access." This category also, includes any other thefts and larcenies.

1. Be careful to preserve evidence. Don't allow others to walk through the area or to touch anything. Keep the area secured.

2. The report should include specific information about any property taken including: brand name, color, serial numbers, and any identifying marks or characteristics.

1. The Minnesota State University Moorhead campus is for the use of the university employees, students, their escorted guests and those on official business with the university. All others are subject to being charged with trespassing.

2. Visitors are reminded that access to campus buildings is limited to normal business hours.

12. REPORTING OF SEXUAL OFFENSES AND HARASSMENT:

Minnesota State University Moorhead’s policy on sexual harassment is governed by the Minnesota State Colleges and Universities System’s policy. Minnesota State Colleges and Universities is committed to a policy of nondiscrimination in employment and education opportunity. No person shall be discriminated against in the terms and conditions of employment, personnel practices, or access to and participation in, programs, services, and activities with regard to race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, or membership or activity in a local commission as defined by law.

Harassment of an individual or group on the basis of race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, or membership or activity in a local commission has no place in a learning or work environment and is prohibited. Sexual violence has no place in a learning or work environment. Further, the Minnesota State Colleges and Universities shall work to eliminate violence in all forms. Physical contact by designated system, college, and university staff members may be appropriate if necessary to avoid physical harm to persons or property.

This policy is directed at verbal and physical conduct that constitutes discrimination/harassment under state and federal law and is not directed at the content of speech. In cases in which verbal statements and other forms of expression are involved, MnSCU will give due consideration to an individual’s constitutionally protected right to free speech and academic freedom.

A complete copy of University’s policy may be obtained from the Affirmative Action Officer, 214B Owens Hall, 236-2229.

In support of the system policy, Minnesota State University Moorhead reaffirms the policy that sexual harassment, including violence, abuse and harassment, will not be tolerated. Every effort will be made to assure that all members of the university community are provided an atmosphere free from sexual harassment. To prevent sexual offenses and harassment, educational efforts will be undertaken to inform employees and students of their responsibilities regarding such behavior, how to identify and eliminate sexual harassment and what steps can be taken if instances of sexual harassment are experienced.

Minnesota State University Moorhead conducts a number of programs aimed at preventing sexual offenses and making the community aware of the potential of such crimes. These programs include conducting nightly security patrols of the campus, providing escorts, inspecting the campus for potential dangerous areas and implementing programs to inspect campus lighting and shrubbery. In addition educational programs concerning sexual assault awareness are provided by residence hall staff, Campus Security, health center and counseling offices. The University also provides a sexual harassment program called "The Invisible Line" for members of the University community.

A guiding principle in the reporting of sexual assault is to avoid re-victimizing the sexual assault survivor by forcing the person into any plan of action. Sexual assault survivors may contact any one of several Minnesota State University Moorhead departments or community services for assistance. The following resources provide immediate aid or on-going consultation for survivors of sexual assault:

1. Every attempt is made to maintain the anonymity of the sexual assault survivor. Every attempt will be made not to release names to the media unless requested by the sexual assault survivor. Names and addresses of survivors are released to the Moorhead Police Department. Campus Security will attempt to provide support and advice for sexual assault survivors. Each report of sexual assault will be investigated in order to provide better protection to the survivor of a sexual assault and all members of the campus community. Sexual assault survivors should be aware of the need of the University to release information regarding the fact that an assault has occurred for the protection and safety of others.

2. The Department of Campus Security will be the office of official record for reports of sexual assault, as it is in all reported law violations. Students and University employees are encouraged to contact Campus Security to report any information regarding assaults.

3. Sexual assault survivors have the right to have reports made anonymously (third party) to the Moorhead Police Department. Campus Security will assist the survivor in making this report if the survivor so wishes. In these situations, the name of the complainant will not be forwarded. Third party reports may prevent the University and the Moorhead Police Department from actively investigating the criminal activity.

4. If the Director of Security determines that a threat continues to exist for the community, information about the reported sexual assault will be reported to the campus community whether reported by a sexual assault survivor or through a third party report. As much detail as possible regarding location, date and time of the assault, and any information which might help identify the assailant will be reported. The University will inform the campus community of reported sexual assaults by posters, appropriate notices, campus newspaper, radio station, local media and/or the residence hall cable TV system.

5. Each report will be taken as presented by the complainant. Appropriate criminal classifications will be determined after a review of all facts by Moorhead Police/Sheriff Department personnel.

6. The University will take appropriate action to safeguard the alleged survivor and at the same time protect the rights of the alleged perpetrator. If the survivor of a sexual assault requests, the University will attempt to provide, if reasonably available, alternative housing for on-campus residents as well as changing classes.

7. The University normally will not take any disciplinary action against a member of the campus community without a written complaint and the assistance of the complainant in the disciplinary process, unless the University determines that there is a clear danger to the victim or the university community.

EMERGENCY NUMBERS

Campus Security   2449

Moorhead Police   9-911

MSUM Affirmative Action Officer   2229

MSUM Hendrix Health Center   2211

FM Rape and Abuse Crisis Center    293-7273

MSUM Counseling and Personal Growth Center    2227

Minnesota Relay Service    1-800-627-3529

13. DISCIPLINARY PROCEDURE FOR SEX OFFENSES:

The university disciplinary process is an option for any person wishing to report a case of student misconduct. In order for the university to address behavior through the Student Conduct System, a written complaint must be filed with the University Conduct Officer. Any criminal complaint is reported to Campus Security and the local law enforcement center for investigation.

Acts of sexual violence, assault or abuse, such as rape, acquaintance rape, or forms of non-consensual sexual activity are criminal behaviors. These acts will be swiftly investigated and will subject an individual to complaints and disciplinary sanctions under the Systems' Nondiscrimination/Harassment/Violence policies or the University's Student Conduct Code as well as referral to appropriate law enforcement agencies.

Victims of sexual violence may report incidents to the appropriate university authorities including the Campus Security Office, the Affirmative Action officer, the Student Affairs office, or the University Conduct Officer.

See Victim's Rights, Minnesota State Statutes Section 135A.15 Rights of Accuser and the accused regarding witnesses/advisors.

Both the accuser and the accused have the right to call a reasonable number of witnesses to testify on their behalf. These witnesses will be subject to cross-examination by both parties. Names of all witnesses must be submitted to the University Conduct Officer no later than twenty-four hours in advance of the hearing.

Both the accuser and the accused have the right to have an advocate (or advisor) present at the hearing; however, the advocate/advisor cannot speak in your place or cross-examine witnesses.

Both the accuser and the accused will be informed of the outcomes of any campus disciplinary proceeding concerning the complaint of a sexual offense according to Minnesota Government Data Practices, Minn. Stat.
Ch. 13. This information should not be disclosed to the public generally.

Students found guilty of violations of serious cases, such as rape or other forcible or non-forcible sex offenses are subject to suspension, expulsion, or eviction from student housing in addition to other possible University sanctions. See the Student Conduct Code listed in the Student Handbook for a complete description of sanctions.

THE FOLLOWING POLICIES
CONCERN SECURITY AND REPORTING EMERGENCIES ON CAMPUS

14. MEDICAL SERVICES AND
EMERGENCIES:

A. Students, faculty, staff and visitors are encouraged to seek medical and emergency assistance (ambulance and fire) by calling 9-911 directly. Individuals may contact Campus Security (2449) for assistance.

B. Notify a Resident Assistant or Hall Director if the situation occurs in a residence hall.

C. Non-emergency medical needs or assistance should be referred to Hendrix Health Center, located in the basement of Dahl Hall.

D. If emergency transportation is necessary, an ambulance will be summoned. The cost of an ambulance is the responsibility of the "patient." If the "patient" refuses transport, there is no charge. There is no charge to the person who calls the ambulance for the "patient."

15. EMERGENCY RESPONSE TO A DEATH ON CAMPUS:

A. Notify Campus Security (2449) and/or the Moorhead Police Department immediately.

B. The room or area where the death occurred should be secured pending the arrival of police department personnel.

1. Nothing should be moved or removed.

2. Witnesses should remain in the area. They may be located in another room.

3. Campus Security will coordinate the response and ensure that the following occurs:

a. Secure the area.

b. Identify the people who discovered or have information about the incident.

c. Contact the Vice President of Student Affairs (2171) and the Vice President of Administrative Affairs (2156).

d. In the case of a death of a student, refer to the policy on the Death of a Student.

e. It is the policy of Moorhead State University that no information will be released without consultation with the Moorhead Police department personnel. The release of information may be limited by the Policy on the Release of Information.

16. FIRE ALARM PROCEDURES IN UNIVERSITY BUILDINGS:

A. Fire alarms are always to be taken seriously. Contact Campus Security (2449) and/or the Moorhead Police Department (9-911) immediately.

B. The building fire alarm system is activated in two ways;

1. Automatically, by the smoke detection system,

2. Or manually, at pull stations.

C. Should you see or smell smoke prior to an automatic smoke detector alarm activation, you should immediately pull the nearest fire alarm, leave the building and contact Campus Security from another building (2449).

D. When a fire alarm has been activated everyone is to evacuate the building immediately.

E. Persons with disabilities, or special needs, who are unable to move down the stiarwells should move to a stairwell or designated rescue refuge area. Caution should be used as to not block traffic. Rescue personnel should be notified of any persons left in the building.

F. Only the Moorhead Fire Department can authorize an alarm to be reset and building reentry when the building is safe.

G. Anyone who does not leave the building in the event of a fire alarm or drill is subject to campus discipline and to possible criminal charges. Misuse of any fire equipment is grounds for disciplinary action.

H. After the fire has been extinguished, the area should be kept secure until the Moorhead Fire Department authorizes cleanup.

17. TORNADOES AND STORMS:

Tornadoes can occur any time during the year. However, the threat of tornadoes and high winds in our area will likely be more prevalent during the months of April through October.

Severe Weather/Tornado Watch:

A watch is an indication of where and when the probabilities are highest that severe weather and/or a tornado could occur. A watch is a statement that severe weather/tornado could occur because conditions are present. The National Weather Service will issue a watch bulletin to local authorities as well as to the local radio and TV stations. Campus Security will notify, by computer email, identified University personnel, including the University President, Vice Presidents, Security Personnel, Physical Plant Director, Residence Life, Library, Department Chairs, Department Secretaries, Maintenance, Heating Plant and Concordia Director of Security of the watch. In addition, announcements will be made over KTZ and WNRZ radios systems.

Severe Weather/Tornado Warning:

When a severe weather/tornado sighting occurs, the National Weather Service alerts all weather stations and local authorities. If severe weather/tornado is approaching, the warning will be a continuous sounding of the city’s emergency sirens. Campus Security will attempt to notify, by telephone, those University officials identified above of the warning. Announcements will be made over KTZ and WNRZ radios systems.

Notification to Persons with Disabilities:

On an annual basis, the University assigns specific areas of the campus to faculty, staff and administrative personnel, who in the event of an emergency requiring evacuation of a building, are responsible for assisting/directing students and staff with disabilities in the evacuation of the area. Furthermore, classroom faculty and co-workers are designated as needed to assist individuals with disabilities in their classrooms/work areas to evacuate the building/areas in the event of any emergency.

What to do if. . .
We encourage students, faculty and staff to take a minute and determine safe areas BEFORE a storm arrives. The approach of severe weather may be announced by sirens located throughout the community and through local radio and television programs. It is recommended that all persons pre-plan "safe areas" for for their buildings. In case of an approaching tornado, the following procedures are recommended:

A. Move to the nearest building and locate safe place to wait.

B. Assist any physically challenged individuals, if needed.

C. Move to, or stay on, the lowest floor of any building.

D. Stay in central corridors away from glass; cover your face with folded arms.

D. Stay away from windows.

E. Leave corridor doors open.

F. Do NOT use any elevator.

G. Some areas that should be considered the safest are:

Ballard – Laundry room, kitchen, basement bathroom, room closets
Bridges – Inside hallways by faculty offices, bathrooms

Center for Business – first floor classrooms and inner offices without windows

Comstock Memorial Union – Underground, lower level bathrooms, Rec and Outing center (away from glass) any room without windows
Dille Center for the Arts – Lower level, first floor corridors, any windowless room
Dahl – Center lounges, stairwells, basement lounge, vending area and basement hallways
Flora Frick – Print shop, areas without windows
Grantham – Basement, bathrooms, corridors (away from glass in lounge), stairwells
Grier – basement level, except mechanical room
Hagen – Outer offices, lower level corridors
Heating Plant – Basement
Holmquist – Corridors away from lounge windows, study rooms, interior stairwells
Houses – basement
King Biology – first floor bathrooms, King 110, inner officers or hallways without exterior windows, lower level stairwells
Kise – Move to Comstock Memorial Union lower levels away from windows.
Library – Audio visual dept., basement, hallway between circulation desks
Lommen – Basement, first floor corridor away from windows/glass
MacLean – Basement, bathrooms, east-west hallways
Maintenance – Interior rooms and corridors without windows
Murray – Bathrooms, interior rooms, lower level hallway away from glass
Nelson – Stairwells, bathrooms, study rooms, basement, laundry rooms, utility rooms, corridors (away from lounge area)
Nemzek – North section bathrooms, offices, locker rooms, first floor corridors without windows. Note: The Fieldhouse is not considered a safe area
Owens – First floor bathrooms, post office, inner area of the Business Office, basement.
Snarr East – Bathrooms, corridors, floor lounge away from glass, janitor/trash room
Snarr South – Stairwells, bathrooms, corridors, elevator lobbies
Snarr West – Stairwells, bathrooms, laundry rooms, trash rooms, floor lounges
Weld – Lower level hallway, bathrooms, and first floor hallways to faculty offices
Regional Science Center – basement, interior rooms or corridors without windows, bathrooms

18. INJURIES:

1. Employees: All accidents or injuries occurring on the University campus should be reported immediately to the Personnel Office if the injured party is a faculty, staff or student worker.

2. Non-Employees: All accidents occurring on the university campus shall be reported immediately to the Office of the Vice President for Administrative Affairs if the injured party is not an employee of the institution.

B. Reporting Procedure:

A State of Minnesota Incident Report (At-00008-03) form should be completed by a University employee for injuries involving non-university people. This report should be submitted to the Office of Administrative Affairs, 206 Owens Hall.

19. HAZARDOUS WASTE:

A. If hazardous waste accumulation or improper storage is suspected, please notify the Office of Administrative Affairs, 208 Owens Hall, 236-2156.

B. If a hazardous waste spill is suspected, please contact Campus Security (2449) and/or Moorhead Police Department (9-911) immediately.

C. In cases of suspected hazardous waste spills, the area is to be evacuated and secured. University staff, including security, are not to enter the building area until admitted by appropriate authorized personnel. Specific policies are on file in the Office of Administrative Affairs.

THE FOLLOWING POLICIES CONCERN SECURITY AND ACCESS TO CAMPUS FACILITIES, INCLUDING RESIDENCE HALLS, AND SECURITY CONSIDERATIONS USED IN THE MAINTENANCE OF CAMPUS FACILITIES.

20. SOLICITATION IN UNIVERSITY BUILDINGS AND GROUNDS:

A.The University reserves the right to determine time, place and manner of all solicitation or activities on University property.

B. Solicitation is any approach made with the purpose of making a request, plea, suggestion, petition or enticement for support, opinion, funds, time or assistance.

C. The exchange of information and ideas by lawful means shall not be excluded by this policy, but such activities should respect each individual’s person and freedom.

D. There are separate policies pertaining to solicitation for some campus buildings such as the Comstock Memorial Union and the residence halls. In these cases, the separate policy pertaining to that area must be followed.

E. Solicitation by agents of nonprofit, commercial or campus organizations is not permitted without express written approval of Administrative Affairs Office, 208 Owens Hall. The University can deny approval or impose restrictions on agents of such organizations as to the date and time solicitation will occur, the number of people involved, the type and methods of solicitation, and the areas of the particular academic building to be covered.

F. Applications shall be public record, and any complaints regarding a solicitor shall be made to the office responsible for granting permits and to the person or group in charge listed on the application.

G.Those engaged in solicitation shall respect the rights of all persons to be free from forceful, verbal or physical contact.

H.Any individual who feels that his or her individual rights have been violated by solicitation of any form may file a complaint against the responsible individual or organization at the Student Organization Resource Center or Administrative Affairs Office.

I. Violations may result in suspension of privileges and may subject the violator to arrest for trespassing.

J. The city streets, sidewalks and boulevards adjacent to city streets are not considered University property.

K. In the residence halls, violations, and/or problems should be reported immediately to the appropriate Hall Director and Campus Security.

L. Department chairs assign faculty offices on a non-permanent basis, subject to the approval of the Vice President for Administrative Affairs.

M.Classrooms are assigned by the Registrar.

N. Special requests for the use of campus facilities, including scheduling use of residence halls or space on MSU grounds, should be forwarded to Scheduling Services, 201E Maintenance Building (2400).

21. DISTRIBUTION OF LITERATURE:

A. Minnesota State University Moorhead departments and recognized student organizations are free to distribute printed materials on campus without prior approval. The source of the information and the name of the organization must be stated on all materials.

B. There are separate policies pertaining to distribution of literature for some buildings on campus, including Comstock Memorial Union, Kise Commons and the residence halls. In these cases, the existing policy pertaining to that area must be followed.

C. The organization and individual students participating are held responsible for the content of the information.

D. Distribution at university-wide events, registration, in classrooms and in the library are not permitted.

E. To maintain the appearance of campus grounds, materials may not be affixed to trees, signs or posts.

F. Posting material on walls, in or outside, of buildings is not permitted. Bulletin boards are available in buildings for this purpose.

G. Placement of portable announcement boards on campus is prohibited without permission.

H.There are special regulations regarding distribution of literature that apply to candidates for Student Senate. This information is available upon request from the Student Senate Office, Comstock Memorial Union.

I. Violators of this policy may be subject to referral to Campus Conduct and/or loss of privileges.

J. Violations of this policy should be reported to the appropriate campus office and Campus Security.

22. RESIDENCE HALL ACCESS AND VISITORS:

A. After the first class day of fall semester, residence hall exterior doors are normally locked.

B. Residents are encouraged not to prop doors open and not to open these doors for anyone other than their

guests.

C. Residents who lock themselves out of their rooms should contact their respective residence hall desks. After hours contact a member of the residence life staff.

D. All non-residents of the building should be escorted.

23. BUILDING ACCESS & MAINTENANCE:

The Minnesota State University Moorhead campus is for the use of the faculty, students, staff, their escorted guests and those on official business with the university. All others are subject to being charged with trespassing.

Visitors are reminded that access to campus buildings is limited to normal business hours.

Students, faculty, staff and visitors are encouraged to report needed repairs to the Office of Administrative Affairs for all academic areas. Requests for repairs/ maintenance in the food service and residence halls should be addressed to the Housing Office. Requests for repairs or maintenance in Comstock Memorial Union should be reported to that main office.

The following guidelines are designed to provide maximum security and protection for all concerned and still provide convenient access to buildings:

A. Keys are issued to authorized faculty, staff and students only.

B. Exterior building doors should not be blocked open when the doors are locked.

C. Building evacuation is mandatory for all fire alarms.

D. Individual academic buildings are normally open from 7 A.M. until after evening classes and for scheduled weekend classes and special events. Employees and students in buildings after normal hours should have a university I.D. in their possession and present it when requested.

E. Faculty or staff who appear to be the last persons in a building should ask unauthorized people to leave the premises or contact Campus Security (2449). The building should be secured when the last employee leaves. In buildings that have outside windows, employees should close and lock them before leaving the building.

F. On-campus telephones are located in most building hallways for emergency calls to Campus Security. These telephones are also capable of calling 9-911.

G. Problems related to people in buildings after hours should be reported to Campus Security (2449) immediately.

24. PARKING:

A. Each student, faculty and staff member who operates a vehicle on the campus must register each vehicle and pay a fee for a parking permit that is to be displayed on a hanger from the rear view mirror. A metered lot is available for campus visitors. Short-term or temporary permits are also available for guests and visitors in the Parking Office, Owens Hall 209.

B. Permits are needed at all times to park in any residence hall lot. All other commuter and faculty/staff lots require a permit Monday through Friday from 7 A.M. to 5 P.M.

C. All persons operating motor vehicles on the university campus shall do so at their own risk. No responsibility shall be assumed by the university, the State of Minnesota or the City of Moorhead for loss of property, damage to the vehicle while parked, damage which may be incurred through the process of impounding a vehicle, or for any damage or loss sustained while on the campus.

D. A complete copy of the University’s Parking and Traffic Regulations is available in the Parking Office, Owens Hall 209, 236-2675.

25. COMPLAINANT’S BILL OF RIGHTS:

The University encourages students, faculty, staff and visitors to report any and all criminal activity occurring on the campus to either Campus Security, 1025 7th Avenue South, 2449, or the Moorhead City Police Department, 915 9th Avenue North, 299-5111. A copy of the Complainant's Bill of Rights may be obtained from Campus Security, Ballard Hall.

26. SOUND AMPLIFICATION:

A. To minimize disruption of normal university operations, outdoor amplification is not generally permitted without prior approval.

B. In situations where amplification might not interfere with University operations, a permit may be obtained from the Moorhead City Council, if prior approval has been obtained from the Office of the Vice President of Student Affairs.

C. To obtain procedures for a city permit, please visit the Office of the Vice President of Student Affairs, Owens 206.

D. Violators of this policy may be subject to referral to campus conduct and/or loss of privilege.

E. Violations of this policy should be reported to the appropriate campus office and/or Campus Security.

27. RELEASE OF INFORMATION:

A. The release of information relating to an emergency security situation on the campus will normally be made by the Vice President of Student Affairs or their designee.

B. If the information requested to be released was collected because the student was or is a patient in the University Health Service, it may be released to a family member or other appropriate person in accordance with acceptable medical practice or a written statement authorizing release from the student.

C. Information contained in Campus Security files may be released by the Director of Security as appropriate pursuant to state and federal law.

D. In all other instances, information can generally be released only with the student’s written permission, pursuant to a valid court order, or if it is determined by the Vice President of Student Affairs or their designee that an emergency exists which provides a serious threat to the student’s or others’ health and safety. It must be further determined that knowledge of the requested information is necessary to meet the emergency, that the people receiving the information are in a position to deal with the emergency and that time is of the essence in dealing with the emergency. If there is doubt about whether or not to release the information, we are advised not to release. Federal and State laws provide that educational data may be released to the parents of a dependent student. However, the university, in formulating its data privacy policy, has determined that educational records will not be made available to parents without written consent of the student.

28. Non Discrimination Statement:

Minnesota State University Moorhead is committed to a policy of nondiscrimination in employment and educational opportunity. No person shall be discriminated against in terms and conditions of employment, personal practices, or access to and participation in programs, services, and activities with regard to race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, or membership or activity in a local commission as defined by law. Inquiries regarding compliance should be referred to the Affirmative Action Officer, 214B Owens Hall (236-2229).

29. Winter storm emergencies:

About 90% of the students and employees of Moorhead State University live in the immediate Moorhead/Fargo area. Consequently, if travel is possible in the two cities, the university will usually try to avoid calling off classes and/or closing the campus. Each individual must take into account their own circumstances for travel to Moorhead and decide accordingly whether or not it is safe for them to travel.

A. Authority:

Statutory Authority: 1994 Minnesota Statutes, Section 43A.05, Subdivision 4.

The authority to cancel classes and close the college or university campuses when a weather or other emergency exists resides with the president or the president’s designee. Cancellation of classes does not excuse any employee from work. The closure of State agencies by the Commissioner of the Department of Employee Relations does not apply to MnSCU institutions.

Positions and employees of the college or university who provide services that are essential to the preservation of the State’s investments during campus closings due to weather conditions are considered "weather essential" employees and as such, will not be excused from work during campus closings.
B. Responsibilities:

The President has delegated to the following persons the responsibility for implementing this plan:

Vice President of Student Affairs - decisions about the cancellation of classes.

Vice President of Administrative Affairs - decisions about the closure of school/personnel matters.

C. Staffing Requirements:

The following Moorhead State University personnel are considered to be "weather-essential" and as such, will not be excused from work duty during campus closings necessitated by weather conditions.

University Administrators

All Physical Plant employees

All Heating Plant employees

All Building Services employees

Housing supervisors, General Maintenance

Workers, and Residence Hall Directors

All Security personnel

D. Internal Operating Procedures:

When a campus closing is declared, college or University employees are excused from work with pay. A campus closure applies to all employees without regard to labor contracts. Weather or other emergency-essential employees who are not excused from work will be paid at their regular rate of pay.

Notification to Persons with Disabilities:

On an annual basis, the University assigns specific areas of the campus to faculty, staff and administrative personnel who, in the event of a weather emergency, are responsible for notifying/assisting/directing students and staff with disabilities.

Notification of Campus:

Details regarding the anticipated length of closure and when we expect to open will be communicated as soon as possible after a closing has been announced. The following will be notified about this information.

1. Minnesota State University Moorhead Telephone Operator (218) 236-2011

2. Minnesota State University Moorhead Campus Security (218) 236-2449

3. Tri-College Office (701) 231-8170

4. Minnesota State University Moorhead Early Education (218) 236-2214 or 236-2028

5. Minnesota State University Moorhead Continuing Studies (218) 236-2395

6. Local radio and TV stations

7. Minnesota State University Moorhead Web Page www.mnstate.edu

30. SKATEBOARD, IN-LINE SKATE, AND BICYCLE POLICY:

A. Purpose:

It is the responsibility of Minnesota State University Moorhead to reduce hazardous conditions and the destruction of property belonging to or under the control of the university. The sidewalks and grounds of Minnesota State University Moorhead have been traditionally shared with all members of the Moorhead Community. Restrictions on use have been rare and only imposed when matters of safety and security were the main concern. As the recreational use of skateboards, in-line skates and bicycles has increased greatly, so has the concern over the safety hazards and the damage they have created.

B. Policy:

1. Skateboards, in-line skates and bicycles are prohibited

from operation inside any university building.

2. Skateboards, in-line skates and bicycles are permitted

on university property for the purpose of transportation

only.

a. Jumping, stunts and imprudent operations are

prohibited on university property.

b. Use of skateboards, in-line skates and bicycles on

ramps is prohibited at all times.

c. Pedestrians have the right of way on all sidewalks.

C. Procedures:

The following procedures shall be utilized when any violation of this policy is observed.

a. Any individual observed operating a skateboard,

skates or bicycle in violation of this policy will be

stopped.

b. The operator will be informed of the university

policy restricting skateboard, in-line skates and

bicycle use.

c. If the operator becomes uncooperative or is a repeat

offender, contact Campus Security.

31. Management of Dead Animals, Birds, or Fish for Art Purposes:

1. Any student, staff, or faculty wanting to bring a dead

animal/bird/fish on University property must first

obtain written permission from their departmental

Chairperson.

2. The requesting person must have an established

timeline (how long will it be used) and a valid reason

for use.

3. The use of dead animals/birds/fish in art projects is

rare. However, if improperly handled could be

considered a potential health hazard. Therefore, it’s

recommended the Department of Environmental

Health and Safety be contacted (236-2998) to discuss

proper handling and disposal procedures for each

specific case. Consideration and discussion will take

place regarding:

a. Prolonging the decomposition process

b. Handling of unpreserved bones

c. Restricted areas for storage and/or work

d. Project labeling

e. Proper use of personal protective equipment

f. Disposal techniques

4. Under no circumstances will any dead animal/bird/fish be displayed on the University campus unless properly preserved. Proper preservation consists of taxidermy, formaldehyde solutions, etc.

32. Smoking Policy:

Policy Statement
Minnesota State University Moorhead recognizes that tobacco smoke is a hazard to the health of its students and employees. To protect the health of the non-smoking University community, the University designates all buildings as smoke-free except for some student living areas in University housing. Smoking in vehicles and equipment owned or leased by the University is prohibited. Smoking in University housing and at outdoor events on campus is restricted to designated areas. To the extent possible, the University will provide access to cessation programs to help smokers and employees who presently use tobacco products.

Guidelines:
1. Smoking is prohibited at all Minnesota State University Moorhead facilities, including private offices within facilities, open-air athletic facilities, and in Residence Halls, except areas that are specifically designated as "smoking-permitted" areas.
2. Smoking will be permitted outside of University facilities provided smokers are located a minimum of 20 feet from doorways, windows, and ventilation systems to prevent smoke from entering the buildings and facilities and it does not interfere with safety and public access.
3. Rooms assigned to individuals in residence halls may be designated as "smoking permitted" areas (except floors designated as non-smoking) provide that all individuals assigned to the same room agree that smoking will be permitted in that room. No cigars or pipes may be smoked in any smoking permitted areas.
4. Smoking is prohibited in all vehicles or equipment owned or leased by the University.
5. Smoking at outdoor events (specifically including those in the stadium) is restricted to designated areas, not in seating or assembly areas.
6. Visitors to Minnesota State University Moorhead are covered by this policy as temporary members of the University Community.
7. Exceptions: This policy does not prohibit the lighting of tobacco by an adult as part of a traditional Native American spiritual or cultural ceremony, in an otherwise no-smoking area. In addition, persons who believe their situation requires an exception to this policy may request an exemption. Petitions may be addressed to Environmental Health & Safety.
8. Enforcement: All University students and employees are expected to share the responsibility for informaing others of the policy. Problems unresolved will be referred to Environmental Health & Safety and/or Security for assiatance and interpretation of the policy, and, if necessary, to higher administrative levels of the University.
9. Designated Smoking Areas: Designated smoking areas will be established and reviewed annually by the Office of Administrative Affairs, and where it is deemed that the best interests of the University is served. Adjustments will be made accordingly.
10. Smoking Cessation: The University encourages its students and employees not to use tobacco products, and as resources permit, will provide access to smoking cessation programs.

Smoking Policy Authority Information and Suggestions:

Smoking in educational facilities in Minnesota is governed by the Clean Indoor Act, sections 144.411 through 144.417. It..."prohibits smoking in those places of work where the close proximity of workers or the inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of nonsmoking employees"...

It provides that..."the proprietor or other person in charge of a public place shall make reasonable efforts to prevent smoking in public places"... The Office of Administrative Affairs acts as the proprietor for Minnesota State University Moorhead facilities. Section 144.413, Sub-division 2, of the Clean Indoor Act appears to permit smoking in private offices. However, the ventilation systems at Minnesota State University Moorhead are not adequate to prevent persons outside of offices from exposure to smoke pollution from persons smoking in offices, as required in section 144.414 sub-division 2, therefore smoking is not permitted in private offices.

Any member of the University Community may recieve information and make suggestions on this policy by written communication to the Office of Administrative Affairs, Room 208 Owens Hall.

33. Workplace Violence Policy

Introduction:

In 1992, the Minnesota Legislature adopted the following act (Minn.Stat. 1.5):

Freedom From Violence

The State of Minnesota hereby adopts a policy of zero violence. It is the state policy that every person in the state has a right to live free from violence.

In furtherance of this policy, Minn.Stat. 15.86 mandates that each agency of sate government adopt a goal of zero tolerance of violence in, and around, the workplace.

Each agency is also encouraged to develop a plan that describes how the agency will (1) seek to eliminate any potential for violence in and around the agency workplace; and (2) seek to eliminate any potential for violence by affecting the attitudes and behavior of the people that the agency serves or regulates.

Goal

It is the goal of Minnesota State University Moorhead to achieve a work environment which is free from threats and acts of violence. The university will not tolerate workplace violence of any type, from any source. This includes threatening or violent actions by employees directed against other employees, by employees directed against students, or visitors, and by students, or visitors directed against university employees.

Policy
It is the policy of Minnesota State University Moorhead and the responsibility of its managers, its supervisors and all of its employees to maintain a workplace free from threats and acts of violence. The university will work to provide a safe workplace for employees, students and visitors to the university.

The university’s policy on work-related violence includes:
*The university will actively work to prevent and eliminate acts of work-related violence. *The university will respond promptly, positively, and aggressively to deal with the threats or acts of violence. This response will include timely involvement of law enforcement agencies, when appropriate. *The university hereby adopts, and will work to enforce, a policy prohibiting possession of firearms and other dangerous weapons in the workplace. *Incidents of work-related threats or acts of violence, will be treated seriously by the university. Reports of such acts will promptly be investigated, and management will take action, as necessary, to approrpiately address each incident. *The university will take strong disciplinary action, up to and including discharge from State employment, against employees of the university who are involved in the commission of work-related threats of acts of violence. Students engaging in such behavior will be dealt with in accordance with the student code of conduct. *The university will support criminal prosecution of those who threaten or commit work-related violence against its employees, students, and visitors to its work environment. *Pursuant to Minnesota Statute 15.86, this policy does not create any civil liability on the part of the State of Minnesota.

PLAN FOR IMPLEMENTING ZERO TOLERANCE OF VIOLENCE IN, AND AROUND, THE WORKPLACE

1. The University Will Provide A Safe Workplace. The university is committed to ensuring that the workplace provides for the safety of employees, and students, and visitors for reasonable protection from workplace violence.

2. The University Will Attempt to Reduce the Potential for Internal Workplace Violence By Positively Affecting the Attitudes and the Behavior of its Employees.
* Creating a low-risk work environment: Administrators, managers and supervisors are expected to promote positive behavior, and to lead by example, by treating employees with the respect and dignity each person deserves. Emphasis will be placed on creating a workplace where established standards of conduct are clear, commiunicated, and consistently enforced, and where discipline is used fairly and appropriately to deal with instances of unacceptable behavior.

* Supervisory Training: Managers and supervisors will be provided with training in how to deal with workplace-related threats and acts of violence. This training will focus on prevention, recognition and de-escalation of violence, will include suggestions for appropriate responses to threats and acts of violence, and will identify those resources which are available for use once a potential problem has been identified, or an incident has occurred.

* Employee Training: Employees will be given the opportunity to receive training in threat awareness, and appropriate responses to aggressive, threatening and violent behaviors. Assessment of additional training needs from employees will be made upon request of the unit supervisor, and appropriate training programs will be developed and presented.

* Employee Counseling and Assistance: The university will encourage use of the Employee Assistance Program (EAP). The EAP is primarily an assessment, short-term counseling and referral agency. While supervisors, union representatives, or family members may encourage employees to seek help from the EAP, the decision to use the services must be a voluntary one. Employees may also choose to seek assistance from private health services to deal with pressures, stress, emotional problems, or other personal issues which could, if ignored, lead to threats or acts of violence.

* Self-help: Informational bochures and other media will be used to make all employees familiar with the services offered by the EAP, and the university will provide information on how to take advantage of those services. Information will also be provided about other options for the resolution of personal and work-related problems which may have a potential for escalating to a violent incident. Employees will be encouraged to utilize all available resources.

3. The University Will Effectively Deal With Threats of Violence, and With Actual Incidents of Violence.
Supervisory Responsibilities: Managers and supervisors have primary responsibility for ensuring a safe work environemnt. Managers and supervisors are specifically empowered to take immediate action to resolve or stabilize violent situations in the workplace, and to protect people from harm. Supervisors will ensure that, when a threat is made or a violent incident occurs, appropriate incident response resources are notified immediately. Supervisors and managers will also ensure that appropriate disciplinary responses to internal workplace violence & aggression are made, and coordinate these efforts with the Human Resources Office.

4. The University Will Work to Eliminate Dangerous Weapons from the Workplace.
Dangerous Weapon Prohibition: Effective immediately, the possession of any dangerous weapon, to include any firearm, in any university premises by any person other than a law enforcement officer in the course of his/her duty, is strictly prohibited. University perosnnel are prohibited from possessing any dangerous weapon, to include any firearm, while on official duty. See Appendix A, for a list of dangerous weapons included in this prohibition.

Exceptions: In the course of a general academic and work application, faculty and staff may possess and use knives that may exceed three (3) inches to complete course work or job tasks.

Those who are registered to carry concealed weapons must inform University Public Safety of the registration number and the type of weapon carried.

PLAN IMPLEMENTATION Copies of this policy and plan will be distributed to all employees, and will be posted on employee bulletin boards. Managers and supervisors will be responsible for informing employees of this policy and plan, and for enfocing compliance with them. This policy and plan will be provided to all current and new employees. A copy of this plan will also be available in the university library.

The university will continue to provide information about the services available through the Employee Assistance Program, to help employees deal with concerns and issues related to workplace or family violence. Training needs will be assessed, and training sessions for managers, supervisors, and employees will be developed and presented. The university will work to further advance this plan, and will identify and address specific action items.

The University Director of Human Resources and Director of Campus Security will assume responsibility for coordinating the university response to workplace-related threats and acts of violence. Managers and supervisors will continue to have primary responsibility for ensuring a safe workplace, for monitoring and resolution of employee conflicts or disputes, for taking appropriate corrective action when potentially violent situations develop and for working with the Human Resources Director when threats or acts of violence occur.

APPENDIX A

DANGEROUS WEAPONS

For purposes of this Plan and Policy, the following items are considered to be "dangerous weapons":

&any weapon which, per applicable law, is illegal to possess

*any firearm, loaded or unloaded, assembled or disassembled, including pellet, "BB", and stun guns (electronic incapacitation devices)

*replicate firearms, as defined in Minn. Stat. 609.713

*knives (and other similar instruments) with a blade length of more than three inches, other than those present in the workplace for the spectific purpose of food preparation and service

*any "switchblade" knife

*"brass knuckles", "metal knuckles", and similar weapons

*bows, cross-bows and arrows

*explosives and explosive devices, including fireworks and incendiary devices

*"throwing stars", "numchucks", clubs, saps, and any other item commonly used as, or primarily intended for use as, a weapon

*any object that has been modified to serve as, or has been employed as, a dangerous weapon

34. Drug-Free Workplace and Schools:

Purpose:
The purpose of this policy is to set forth the University’s policy regarding alcohol and other drug use, including unlawful drug use or abuse in the workplace in accordance with the Drug Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D), and Drug Free Schools and Communities Act Amendments of 1989 (Public Law 101 -226). A copy of the Drug Free Workplace information is enclosed in the class registration brochure and may be obtained from the Registrar's Office or Health Center.

The University recognizes the reality of chemical dependency and is aware of its occasional presence in the University community. As a safeguard against this dependency, numerous campus organizations provide prevention programs to the Minnesota State University Moorhead community.

The University encourages and provides reasonable assistance to any student, faculty or staff member who seeks information on chemical dependency or treatment for chemical dependency. Various departments, including Housing, Security, Health Center, Counseling & Personal Growth Center, and Personnel provide information and prevention programs for those seeking help with substance abuse.

Campus Policy:
Minnesota State University Moorhead (MSUM) is committed to creating an educational environment that encourages cognitive and affective development, where students and campus community members make informed and responsible choices. Supporting the ideals of responsible choice, MSUM has established policies prohibiting the use of alcohol and illegal substances. It is the policy of Minnesota State University Moorhead, in accordance with Minnesota State law, that the use of or possession of illegal drugs on the University campus, including the residence halls or at University-sponsored events off-campus, is prohibited. In compliance with the Minnesota State Colleges and Universities Board policy, the illegal use of or possession of alcohol is prohibited on the University campus and at University sponsored off-campus events. Students who use, possess or distribute alcohol or illegal drugs on campus will be subject to disciplinary and legal action, as set forth in the Conduct Statement of the University. Sanctions may include but are not limited to:

1. Completion and/or presentation of an education program.

2. Completion of community service hours.

3. Referral to the Counseling Center, Hendrix Health Center or other appropriate department.

4. Suspension or separation from the University.

5. Referral to law enforcement agencies for prosecution of felony, gross misdemeanor or misdemeanor charges.

6. Expellation from the University.

CAMPUS RESOURCES

Hendrix Health Center............................236-2211

Services are confidential and available to MSUM students. Please call for more information about services available.

Counseling Center.................................236-2227

Housing Office......................................236-2118

Security Office......................................236-2449

Services are confidential and free.

Substance awareness programs and services are offered through various offices. Contact the Hendrix Health Center, Counseling Center or Housing Office for information.

STATE EMPLOYEE ASSISTANCE PROGRAM

Lakeland Mental Health.................(218) 233-7254

Employee Assistance Program available for MSUM employees providing a professional assessment of possible alcohol or drug problem. Please call for more information.

COMMUNITY RESOURCES

Dakota Heartland Health Systems....(701) 280-4100

MeritCare Medical Center...............(701) 234-6000

Southeast Human Service Center.....(701) 298-4500

Employee Policy
No employee shall report to work under the influence of alcolhol, marijunana, controlled substances or other drugs which affect hes/her alertness, coordination, reaction, respones, judgement, decision making or safety.

No employee shall operate, use, or drive any equipement, machinery, or vehicle of the University/State while under the infulence of alcohol, marijuana, controlled substances, or other mood altering drugs. Such employee is under affirmative duty to immediately notify his/her supervisor that he/she is not in appropriate mental or physical condition or operate, use or drive University/State equipment.

During work hours or while on the Unniversity/state’s premises, no employee shall use, sell, possess, or transfer alcoholic beverages, with the following exceptions: Consumption, possession, sales, or purchse of alcohol when authorized by the Commissioner under separate statutory or executieve agency. Possession of alcohol while being transported in a University/State vehicle in compliance with applicable statutory requirement. Possession of alcohol while in an employee’s personal vehicle on the Unversity/State’s premises in compliance with applicable statutory requirments.

Additionally, employees shall not participate in these activities during break or during overtime work.

No employee shall engage in off-duty sale, purchase, transfer, use or possession of illegal drugs or controlled substances which may have a negative effect on an employee’s ability to perform his/her work for the University/State. In such circumstances, the employee is subject to discipline.

Employees are discouraged from consuming alcoholic beverages during lunch or dinner meals when resuming immeditately thereafter to perform work on behalf of the University/State’s business, any employee whose condition or behavior adversely affects his/her work performance shall be subject to possible discipline, up to and including discharge.

When an employee is taking medically authorized drugs or other substances which may alter job performance, the employee is under an affirmative duty to notify the appropriate supervisor of higher temporary inability to perform the job duties of his/her position.

Supervisors shall notify the Director of Human Resources before notifying the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession at work or on University premises.

When appropriate, the Univerity shall also notify licensing boards.