HPU News for September 2011

HPU's Annual Legal Notifications

September 19, 2011

Annual Legal Notifications:

  • Alcohol & Drugs Policy & Programs
  • Emergency Contact Information
  • Family Educational Rights & Privacy Act
  • Network/Wireless Access Policy: Unauthorized Distribution of Copyrighted Material
  • Sexual Harassment/Sexual Assault Policy
  • Sex Discrimination, Harassment, and Assault: Title IX Coordinators

Please read the following as they pertain to your responsibilities and rights under these policies. Additional information can be found at Student Right-to-Know Information.

Source: Registrar’s Office

Alcohol and Drugs Policy and Prevention Programs

The Drug-Free Schools and Communities Act affords students programs "to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities." To review the Alcohol and Other Drugs policy and get details on programs, services, and resources, students can go to the Student Handbook located on HPU Pipeline (Resource Tab under Current Publications) or go to www.hpu.edu/studentlife and click on "HPU Student Handbook" under Related Links.

Emergency Contact Information

In cases when the student’s health and safety are of concern, HPU will notify the emergency contact designee. Every student must provide HPU with the name and contact information of at least one individual who could be contacted in the event of an individual emergency:

  • Under the age of 18 (unless emancipated) must provide contact information of at least one custodial parent/guardian.
  • Over the age of 18 may designate anyone of their choosing to be the emergency contact.

Students are required to update their primary cell phone and emergency contact information in order to keep the information current.

Dean of Students Office

Family Educational Rights and Privacy Act of 1974 (FERPA)

The Family Educational Rights and Privacy Act of 1974 (FERPA) affords students certain rights with respect to their education records. These rights are:

(1)   The right to inspect and review student education records within 45 days of the day the University receives a request for access.

Students should submit to the University Registrar, a written, dated, and signed request that identifies the records(s) they wish to inspect (including the requestor’s full name, date of birth, and student identification number). The University Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University Registrar, the Registrar will advise the student of the correct official to whom the request should be addressed.

(2) The right to request the amendment of a student education record that the student believes is inaccurate, misleading, or otherwise in violation of their right to privacy.

Students who wish to ask the University to amend a record should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it should be changed.

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

(3) The right to provide written consent before the University discloses personally identifiable information contained in student education records, except to the extent that FERPA authorizes disclosure without consent.

The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is defined as a person employed by the University in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance com mittee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

The University designates the following as “directory information” and may, upon inquiry, be disclosed at the University’s discretion without prior consent of the student:

a. Name of student
b. Local and other addresses
c. Local and other telephone numbers
d. E-mail addresses
e. Date of birth
f. Dates of attendance
g. Enrollment status (full time, part time, etc.)
h. Major field of study
i. Education level (i.e. undergraduate, graduate)
j. Class standing (i.e. freshman, sophomore, etc.)
k. Previous educational institution(s) attended
l. Degrees received and dates of conferral
m. Honors and awards received
n. Participation in officially recognized activities and sports
o. Weight and height of members of athletic teams

HPU is under no obligation to release directory information to anyone who inquires. FERPA only states that an institution may release directory information. When in doubt, HPU will not release directory information and may require that a written release from the student be provided before directory information may be released.

Students have the right to restrict the release of their directory information. To exercise this right, a student must submit a signed request in writing to the HPU Registrar’s Office in person or by mail, 1164 Bishop Street, Suite 216, Honolulu, HI 96813. A request form is available at the Registrar’s Office or in downloadable format via the HPU Registrar/FERPA website www.hpu.edu/FERPA.   Once the request is filed it becomes a permanent part of the student’s record and shall remain in effect until the student instructs Hawai‘i Pacific University, in writing, to have the request removed.

The University will not disclose official transcripts and/or information not identified as “directory information” to non-school officials without prior written consent from the student, or provided as an exception to the law under FERPA.

(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by Hawai‘i Pacific University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington DC 20202-4605

Questions regarding the rights and release of information that this Act provides to Hawai‘i Pacific University students should be directed to the University Registrar:

Registrar’s Office
1164 Bishop Street, Suite 216
Honolulu, HI 96813
Tel. (808) 544-0239
E-mail: registrar@hpu.edu

More references can be found at: www.hpu.edu/FERPA

Registrar’s Office

Network/Wireless Access Policy

Network/Wireless Access Policy: Unauthorized Distribution of Copyrighted Material

The University is committed to respecting the rights of copyright holders and complying with copyright law.  As a globally focused University environment supporting research, creative works, and undergraduate and graduate learning, the University recognizes that the exclusive rights of copyright holders are limited under federal copyright law by provisions supporting our educational, research, and teaching endeavors, including the right to make a fair use of copyrighted materials and the right to perform or display works in the course of face-to-face teaching activities. The laws in this area are complex and failure to comply with restrictions on use can subject the University to penalties. All members of the community are encouraged to learn more about copyright, fair use and work, to obtain permission when necessary, and to operate within the requirements of copyright laws.

The unauthorized distribution of copyrighted material, including peer-to-peer file sharing, may subject a student to civil and criminal penalties. The University’s network and internet access may not be used to illegally copy/download copyright-protected material, and/or violate federal or state laws related to the use of the internet. Students violating this policy, including unauthorized peer-to-peer file sharing, illegal downloading or unauthorized distribution of copyrighted material using the University’s information technology system may receive disciplinary sanctions under the Code of Student Conduct, including temporary or permanent deactivation of access privileges, disciplinary action, referral to state or federal authorities, and expulsion from the University. In addition, as the downloading of material at times will utilize excess bandwidth, the University at times may regulate the downloading of files via Internet access. In the event that the University is issued a lawful subpoena for information residing on our network, such information will be disclosed to civil or criminal authorities.

The University offers information on options for legal alternatives for downloading or otherwise acquiring copyrighted materials. For example, the Library research tools on HPU Pipeline (refer to the Libraries tab) are available for students or a librarian may assist students to gain access to copyrighted materials in the library databases. For a list of sites to legally download digital music and videos, go to www.educause.edu/legalcontent. Many of these sites charge and students should carefully read the terms and conditions of the license agreement so that individuals understand the fees they may incur. These sites are run by third parties and the University does not endorse or evaluate these providers. 

To review the Network/Wireless Policy and get more information on Civil and Criminal Penalties for Violation of Federal Copyright Laws, students can go to the Student Handbook located on HPU Pipeline (Resource Tab under Current Publications) or go to www.hpu.edu and mouse over Student Life and then click on "Student Handbook" under the Student Services column.

Dean of Students Office

Sexual Harassment/Sexual Assault Policy

It is the goal of Hawai‘i Pacific University to provide students, faculty, and staff with an environment free from sexual discrimination, which includes sexual harassment and sexual violence. The Sexual Harassment/Sexual Assault Policy (available in full format in the Student Handbook) outlines the definition of sexual harassment and sexual offenses, policy concerning amorous (Romantic/Sexual) relationships, reporting procedures, procedures for the resolution, provisions for students who have been subjected to sex offenses, sexual assault prevention and education programs, and resources to victims and survivors of sexual assault.

In order to take prompt and equitable corrective action, the University must be aware of sexual harassment, sexual assault, or related retaliation. Therefore, members of the HPU community who believe that they have been sexually harassed, sexually assaulted, or know of someone who may have been sexually harassed or sexually assaulted by a student, faculty, staff, or vendor/supplier are advised to bring the matter to the attention of the Title IX Coordinator or the Deputy Coordinators listed below. Additionally, members of the community may contact the Associate Director of Safety and Security (236-3597 or 722-2709) or the HPU Compliance Hotline (1-877-270-5054 or www.tnwinc.com/hpu, 24 hours a day, 7 days a week from any location) to report sexual harassment or sexual assault.

Sex Discrimination, Harassment, and Assault: Title IX Coordinators

Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in education. It reads: 

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Title IX of the Education Amendments of 1972; 34 C.F.R. Part 106. Sex discrimination includes sexual harassment and sexual assault. 

Below are the staff members who have primary responsibility for complaints of Title IX sex discrimination, harassment, and assault:

Title IX Coordinator

Jan Boivin
EEO/Affirmative Action Officer
 and Title IX Coordinator
Hawai‘i Pacific University
1132 Bishop Street, Suite 310
Honolulu, HI 96813
Telephone: (808) 544-1187
E-mail: jboivin@hpu.edu

Any complaint of sex discrimination, sexual harassment, and sexual assault can be made to the Title IX Coordinator, who is responsible for overall administration of discrimination-related grievance procedures for faculty, staff, students, and other members of the University community.

Title IX Deputy Coordinators

For students:

Marites McKee
Dean of Students
1188 Fort Street Mall, Ste. 105
Honolulu, HI 96813
Telephone: (808) 544-0277
E-mail: mmckee@hpu.edu

If you have a complaint against a student for sex discrimination, sexual harassment, and sexual assault, in addition to contacting the Title IX Coordinator you have the option of contacting the Dean of Students. 

The Dean of Students is responsible for Title IX compliance for matters involving students, including administration of grievance procedures for all complaints against students.

For athletics:

Natasha Subotic
Associate Athletics Director for Compliance
1060 Bishop St. Suite 400
Honolulu, HI 96813
Phone: (808) 356-5214
E-mail: nsubotic@hpu.edu

If you have a complaint about gender equity in athletics programs, you should contact the Associate Athletics Director for Business Affairs and Senior Woman Administrator, who is responsible for Title IX Compliance in matters related to gender equity in athletics programs.

If you have a complaint against a student, coach or administrator for sex discrimination, sexual harassment, or sexual assault, in addition to contacting the Title IX Coordinator you have the option of contacting the Associate Athletics Director for Business Affairs and Senior Woman Administrator, who will facilitate the handling of the complaint with the appropriate office.

Dean of Students Office