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XIV. Organizational Conduct

Organizational Prohibited Conduct

Inherent in university recognition of student organizations is the obligation of each organization to conduct activities in accordance with university rules and policies and with applicable laws. Registered student organizations are required to comply with the written rules and policies of the university.

It is the responsibility of the officers of each organization to ensure that the organization complies with the Code of Student Conduct and to actively oppose and prevent any planned organizational activity that may violate the Code. It is also the obligation of the officers to advise and counsel individual members of their organization whose conduct could lead to misconduct charges against the organization.

The full policy of Organizational Prohibited Conduct as outlined in the Code of Student Conduct may be found within The Lowdown.

RECORD KEEPING

All student disciplinary records are confidential and subject to the privacy protection granted by the Family Educational Rights and Privacy Act (FERPA). FERPA gives certain rights to parents regarding these records. These rights are transferred to students who are enrolled in postsecondary education.

Generally, USA must have written permission from the eligible student before releasing any information from their conduct records. However, FERPA allows schools to disclose records, without consent, to certain individuals or organizations, including but not limited to the following:

  • University officials within the institution determined by the institution to have a legitimate educational interest in the information (e.g., it is necessary for that official to a) perform his/her job; b) perform a task related to the student’s education; c) perform a task related to the discipline of the student; d) provide a service or benefit relating to a student or the student’s family, such as health care, counseling, job placement or financial aid).
  • Certain government officials in order to carry out lawful functions.
  • Individuals who have obtained court orders or subpoenas, though the student must be given notice before such records are released.
  • Accrediting organizations.
  • Circumstances listed in Victim’s Rights.
    The complete written policy and procedures for compliance with FERPA are available from the Student Conduct Administrator. Student disciplinary records will be kept on file in the Office of the Dean of Students and the Student Conduct Administrator. When necessary, notices of decisions and sanctions will also be sent to University Police and the Director of Housing. Files will be kept for ten years from the student’s last violation of the Code of Student Conduct. These records will then be shredded unless otherwise required by law or university policy. In cases involving suspension or expulsion or in which all sanctions have not been satisfactorily completed, files will be kept permanently.

Title IX and Sexual Misconduct Policy

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."
          --Legal Citation: Title IX of the Education Amendments of 1972 and its implementing regulation at 34 C.F.R. Part 106 (Title IX)

Title IX prohibits sex discrimination in educational institutions that receive federal funding. Discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual coercion, stalking, and domestic/intimate partner violence.

Sex discrimination includes sexual harassment and sexual violence. A significant power differential exists between faculty and students. Therefore, faculty members are prohibited from participating in sexual and/or romantic relationships with students enrolled in their classes or with students whom they otherwise evaluate, grade, or supervise or avoid situations that would require them to evaluate, grade, or supervise students with whom they have or have had sexual and/or romantic relationships. If such a situation arises, a faculty member must report the situation immediately to his/her immediate supervisor prior to taking any such evaluative actions.

The Title IX Office is dedicated to supporting the university’s commitment to creating an environment where students, faculty, staff, and visitors are free from discrimination, sexual harassment, and sexual violence. The Title IX Office takes all allegations of sexual misconduct seriously and will promptly respond and thoroughly investigate and resolve all complaints of sexual misconduct in accordance with the university’s Sexual Misconduct Policy. We are committed to supporting all university community members by providing fair and equitable services and resources.

For questions or concerns about Title IX, please contact:
Deidra Byas, Title IX Coordinator
Athletic Annex Suite 50
6001USA South Drive
Mobile. Al 36688
(251)460-7280
deidrabyas@southalabama.edu

To file a confidential Title IX incident report, please scan the QR code below or visit the Title IX webpage at:
https://www.southalabama.edu/departments/studentaffairs/titlenine/. The Sexual Misconduct Policy and Complaint Resolution Procedures can also be found on the Title IX webpage and in the University’s Policy Library at:
https://www.southalabama.edu/departments/compliance/policylibrary/policy.html?doc=4E370511-C617-4CB8-AD1A-70B1F9E4C094.