Second St. Joseph's Hazing Lawsuit
Second St. Joseph's Hazing Lawsuit
Second St. Joseph's Hazing Lawsuit
CIVIL ACTION
NO. 2015 cv ________
Plaintiff,
JURY TRIAL DEMANDED
v.
SAINT JOSEPHS UNIVERSITY,
5600 West City Ave
Philadelphia, PA 19131
and
TERRI ADAMS
5600 West City Ave
Philadelphia, PA 19131
Defendants.
COMPLAINT
I.
INTRODUCTION
1.
This action is brought pursuant, inter alia, to Title IX of the Education Amendments of 1972
codified at 20 U.S.C. 1681 et seq (Title IX), and arises from a widespread and well
known culture of abusive and sexually charged hazing on the womens softball team at Saint
Josephs University (SJU or the University) which was known, encouraged and tolerated
by the team coach, Defendant Terri Adams, and others at the University. The indifference,
encouragement and toleration exhibited by the Defendants was the proximate cause of severe
This case, filed on behalf of Jane Doe II, is factually related to a separate action previously
filed on behalf of a separate Plaintiff identified as Jane Doe (Doe I) and captioned Doe v.
Saint Joseph's University, et al, U. S. D. C. E. D. Pa, Civil Action No 15 2799 MSG (May
2015) (the Doe I Action).
3.
In addition to the allegations in the Doe I Action, Plaintiff herein ( Doe II) makes additional
allegations specific to Plaintiff as well as based upon additional information which has come
to light since the filing of Doe I. These additional allegations include, but are not limited to:
a.
b.
SJU wherein Coach Adams completely failed to protect Plaintiff, again in violation
of her duties, and instead improperly accused Plaintiff of being shady and the
source of leaks to the press. paragraphs 87 through 94 below.
II.
4.
This Court's jurisdiction to adjudicate Plaintiffs civil rights claims under Title IX is
predicated, inter alia, upon 28 U.S. C. 1331 and 1343.
5.
Plaintiff invokes the Court's supplemental jurisdiction pursuant to 28 U.S.C. 1367 as her
additional claims arise out of a common nucleus of operative facts.
6.
Plaintiff invokes the Courts diversity jurisdiction pursuant to 28 U.S.C. 1332 as Plaintiff
is domiciled in a state other than Pennsylvania and Defendants are both domiciled in and
residents of Pennsylvania. The amount in controversy is in excess of $150,000, exclusive
of interest and costs.
7.
8.
III.
PARTIES
9.
Plaintiff Jane Doe II (Doe II or Plaintiff) is a 19 year old female Catholic college
athlete who is a United States citizen domiciled in a state other than the Commonwealth of
Pennsylvania.
10.
Defendant Terri Adams (Coach Adams) is a citizen and resident of the Commonwealth
of Pennsylvania and an employee of SJU employed as the head coach of the womens
softball team.
IV.
FACTUAL BACKGROUND
12.
At all material times, SJU was receiving federal funding, as contemplated by Title IX, 20
U.S.C. 1681, et seq.
13.
SJU implemented and executed policies and customs in regard to the events that resulted in
the deprivation of Plaintiffs constitutional, statutory and common law rights.
14.
The University is responsible for ensuring that all of its employees are properly trained and
supervised to perform their jobs.
15.
The University is responsible for the acts and omissions of an employee when the employee
is acting within the scope, course, and authority of his or her employment, and on behalf of
their employer.
16.
At times relevant herein, upon information and belief, SJUs employees identified in this
Complaint were acting in the course and scope of their authority at SJU and on behalf of SJU
(as well as for their own benefit and on their own behalf).
A.
17.
Upon information and belief, prior to Plaintiffs matriculating at SJU, there was a
widespread culture of harassment on the womens softball team including sexual conduct
creating a hostile environment which was known to SJU and not properly addressed or
4
remedied by SJU in violation of Title IX. It is believed that this misconduct was consistent
with the misconduct described below and in the Complaint filed in the Doe I Action.
1.
18.
For instance, during the 2010-2011 school year a freshman identified herein as Jane Roe
was being solicited by Coach Adams to join the softball team. Coach Adams emailed this
student a list of signals for her to memorize and invited the student to join the team for
meetings and workouts. Roe arrived a few minutes early for the first meeting to which she
was invited and noticed inappropriate physical and verbal behavior by team members in the
locker room (including discussions of dildos, vibrators and nipples) being condoned by
Coach Adams. After Coach Adams introduced Roe as a new member of the team, Coach
Adams started reviewing the hand signals with the team. After demonstrating the first signal
a team member asked Coach Adams whether Coach Adams was sure she had demonstrated
the correct signal to which Coach Adams responded oh sorry and started salaciously
rubbing her nipples in circles with her tongue out in a lewd and sexually suggestive manner.
This improper sexually charged conduct by Coach Adams caused the existing teammates to
laugh.
19.
Several days later Roe delivered her physical/medical forms to Coach Adams. A nearby
member of the softball team then commented in a lewd, sexually suggestive and
inappropriate manner, to Coach Adams with words to the effect oh, those are her [Roes]
physical forms? I would like to give her a physical. This comment was tolerated and
condoned by Coach Adams who laughed in response.
20.
Throughout Roes relatively brief interactions with Coach Adams, Coach Adams incessantly
and repeatedly called her cute or adorable or words to that effect. At some point in her
freshman year, Coach Adams called Roes father stating words to the effect that I hope I
did not make [Roe] uncomfortable by calling her adorable so often, she is just so darn cute.
21.
Following the above incidents, and in the early part of the spring semester of 2011, Roe
determined that the culture and environment on the SJU womens softball team was
inappropriate, harassing, insulting and demeaning. Roe determined that she could not
continue on the softball team. Roe informed Coach Adams and was unable to play Division
I college softball as a result.
22.
Upon information and belief, despite knowledge of her own inappropriate behavior and that
of team members which created a sexually charged and hostile environment, Coach Adams
took no action to address or remediate such misconduct as she was obligated to do.
23.
Upon information and belief, other members of the SJU softball coaching staff and other
members of the athletic department had actual knowledge of the inappropriate sexually
charged misconduct on the softball team creating a hostile environment and took no action
as they were obligated to do.
24.
After Roe quit the softball team in the spring semester of 2011, she was the subject of
repeated harassment and retaliation by Adams who variously tried to convince her return to
the softball team as a valuable asset to the team and punished her and retaliating against her
for refusing to play on the softball team by stymying other softball opportunities of Roes
including depriving Roe and others she associated with from access to playing fields and
equipment at SJU.
2.
25.
As set forth in the Doe I Action Complaint, Doe I matriculated at SJU in the fall of 2013 on
an athletic scholarship to play on the SJU softball team.
26.
In October 2013, Doe I was subjected to an initiation week of sexually charged hazing and
harassment as described in the Doe I Action Complaint. The hazing and harassment
described in the Doe I Action Complaint is similar to the hazing and harassment forced upon
Doe II as set forth below.
27.
During the Doe Is initiation week in the Fall of 2013, one of the incoming freshman that
year became so drunk at an initiation week party that she required emergency room
treatment for alcohol poisoning. Upon information and belief, Coach Adams accompanied
this other teammate to the hospital and was aware of the multiple violations of SJU policies
at that time but failed to properly further report the incident within SJU and/or failed to
properly act to protect teammates, and future teammate including Plaintiff, from further
violations of policy and law.
28.
In the middle of the 2013 initiation week in the Fall of 2013, the entire team was told to
report to the off campus house of upperclass members of the softball team where the team
was informed that Coach Terri Adams had emailed or texted seniors on the team to tell the
seniors that the Administration had found out about the initiation and hazing and that the
initiation and hazing was suspended.
29.
Upon information and belief, Kenneth W. Krimmel, Assistant Director of Academic Services
for Student-Athletes, Compliance, Office of Athletics at SJU was aware of the hazing and
misconduct on the softball team in 2013 and likely before 2013.
30.
Upon information and belief, despite the fact that Coach Adams and the SJU Administration
were aware of the initiation and hazing occurring on the softball team, no formal
investigation took place in 2013 2014 (or before that time) with regard to any violations
of SJU policy, including the Community Standards Policy, Alcohol Policy, Policy
Prohibiting Discrimination, Harassment and Retaliation; Bullying Policy; Hazing Policy or
Sexual Violence Policy (which are described more fully below).
31.
Upon information and belief, had a proper response been made with a proper investigation
in years prior to the 2013 2014 school year, Plaintiff would not have been subjected to the
hazing and misconduct described in this Complaint.
32.
Upon information and belief, had a proper response been made with a proper investigation
in the Fall of 2013 during the initiation and hazing week that year, Plaintiff would not have
been subjected to any hazing and misconduct as described in this Complaint.
33.
Instead of discharging her duties as an employee of SJU and reporting the hazing and
misconduct, Coach Adams never put a stop to such misconduct and instead endorsed it by
allowing it continue and actively engaged in such misconduct herself. For instance, during
Doe Is freshman year and thereafter, Coach Adams started calling Doe I Sippy and/or
Sippy Shit in Pants explaining that Doe I was worthless and was no better than shit in
pants. Coach Adams called Doe I these demeaning and derogatory names in front of other
members of the softball team, thereby humiliating, harassing and bullying Doe I.
34.
In addition there was a culture of teammates calling each other sexually charged and
demeaning nicknames in Coach Adams's presence without any intervention by Coach
Adams.
35.
Following the initiation week in the Fall of 2014, Doe I continued to be victimized, harassed,
demeaned and belittled by her team, often in front of Coach Adams.
36.
In addition, Doe I was constantly berated about her sexual orientation by other teammates
who told her that she was gay and she should come out of the closet and other language to
that effect. Moreover, other teammates who befriended Doe I (eventually including Plaintiff
Doe II) were called lesbians for associating with Doe I.
37.
The foregoing conduct continued and worsened throughout Doe Is freshman year. She felt
helpless, defenseless, worthless, demeaned, and victimized.
38.
During the 2013 2014 school year, another underaged player on the team would frequently
arrive at practice in a taxicab drunk. This misconduct was known to the coaching staff and
tolerated.
39.
In the Spring of 2014, a graduate assistant coach made reference to Doe I to some of the
misconduct during the Fall of 2013 initiation week which confirmed Doe Is knowledge and
belief that the coaches knew about the initiation misconduct and never addressed the
situation.
3.
40.
In July 2013, Doe II played in a softball tournament in Florida at which time she was
between her Junior and Senior years of high school. During that tournament, Plaintiff was
scouted by SJU Assistant Softball Coach Gary Falasca. Coach Falasca spoke with Plaintiff
and her mother informing them that SJU was interested in recruiting Plaintiff and inviting
them to visit the SJU campus. During this meeting Coach Falasca spoke highly of the quality
of the SJU Division I softball program including its level of play, the integrity of the team
9
and coaching staff as well as the Christian family values of SJU and the team.
41.
Shortly thereafter, Plaintiff visited SJU and met with Defendant Head Coach Terri Adams
along with other members of the coaching staff. At various times during this visit, Coach
Adams again promoted the quality of the SJU Division I softball program including its level
of play and the integrity of the team and coaching staff. Coach Adams repeated several times
that the student athletes and their well being were the number one priority.
42.
During a discussion held in Coach Adams office, Coach Adams again promoted the values
and integrity of the softball program. In order to demonstrate these values, Coach Adams
drew a pyramid diagram which demonstrated how family came first, then school, then
softball, and finally social life. Coach Adams stressed how family oriented the SJU softball
program was and contrasted the SJU program with the programs at Temple and Manhattan
College by saying how ghetto and impolite people at Temple and Manhattan College
were.
43.
Coach Adams told Plaintiff how the softball players were like her children and how much
she cares for each player. Coach Adams stated that if a player were homesick or struggling
with their grades or had personal problems, Coach Adams and SJU were there to support the
players. Coach Adams further informed Plaintiff that the girls on the team were very close,
that they protected and took care of each other in order to get through these common
struggles.
44.
Coach Adams told Plaintiff that the year Plaintiff would arrive (2014), SJU was bound to
win an A10 championship because of the bond that the team had and how passionate and
hungry the senior class was going to be.
10
45.
Coach Adams (and Assistant Coach Brook Dareff) then gave Plaintiff a tour of the locker
room and facilities at SJU during which they informed Plaintiff that the education at SJU
was amazing and stated that all of the programs and people at SJU were there to help the
student athletes succeed in their classes. For instance, Coach Adams talked about the study
hall hours, the tests from past players that she kept for future players to study from, tutoring,
and how she allowed players to take off from practice during midterm and finals weeks to
deal with the stress. Coach Adams stated that the softball field helped players get away from
their stress and that the team was a fun and loving environment.
46.
At the conclusion of the foregoing promotion of SJU, Coach Adams on behalf of SJU made
Plaintiff an offer of a full tuition scholarship and informed Plaintiff that she had a limited
time period in which she had to give them a final answer as they had other players on a
waiting list.
47.
48.
After committing to attend SJU, Coach Adams would frequently call, email, and watch
Plaintiff play in tournaments in the summer and fall of her high school senior year. Coach
Adams would often talk to Plaintiff and Plaintiffs mother expressing how excited Coach
Adams was for the upcoming season, what a wonderful team and environment existed at SJU
and how much fun it was going to be.
49.
During the Fall of 2013, during Plaintiffs official campus visit as a high school senior,
Plaintiff met with Dominick J. DiJulia, Vice President and Athletic Director of SJU. Mr.
DiJulia reaffirmed the positive values of SJU as well as its softball program including how
11
Plaintiff also met with Kenneth W. Krimmel, Assistant Director of Academic Services for
Student-Athletes, Compliance, Office of Athletics at SJU. Mr. Krimmel talked about all the
safety nets in place for the student athletes. Mr. Krimmel extolled the advantages of an SJU
education., discussing with Plaintiff the importance of an SJU education and how a diploma
from SJU was significant.
51.
During this visit (while Plaintiff was still a senior in highschool), Plaintiff stayed with
members of the team and watched them practice along with other recruits who would be in
Plaintiffs incoming freshman class. Members of the team asked Plaintiff and the other
recruits about their sexuality and religious background. The recruits were asked by team
members to identify who they thought were lesbians on the team. The recruits (who were all
underage) were told to go to a party at the off campus house of members of the softball team
where alcohol was served. Plaintiff was subjected to peer pressure from team members to
drink and was ostracized for not drinking. The recruits were also told to lie to Coach Adams
about what occurred and were told to tell Coach Adams that they played Pictionary. The
following day, Plaintiff cried to her mother due to this mistreatment. Plaintiffs mother told
Plaintiff that she just had to get to know the girls on the team better.
52.
After this visit, Coach Adams again repeatedly contacted Plaintiff to discuss the upcoming
year, promote the quality of the SJU softball team and reassure Plaintiff that SJU was a
warm and welcoming environment.
53.
12
SJU was committed to the Catholic Jesuit tradition and sought to empower students
by instilling Christian values including social justice, appreciation of diversity,
tolerance and that the softball team operated consistent with these values. SJUs
values communicated to Plaintiff in this regard were consistent with the University
and Athletic Department Mission Statements described more fully herein;
b.
c.
SJU takes care of their softball players and that Coach Adams treats the players as
if they were her own children;
d.
SJU had abundance of safety nets in place for the student athletes to excel in school,
and that if Plaintiff (or any athlete were having difficulties of any kind) they would
have every resource of SJU available to them;
e.
Plaintiff would receive a top rated education on a Division I softball team and that
Plaintiff would be well taken care of such that she would be safe, secure, have an
emotionally stable and supportive environment with the full resources of SJU at her
disposal.
54.
Based upon all of defendants representations and solicitations, Plaintiff decided to attend
SJU based upon the strength and values of their softball program and the offer of an athletic
scholarship.
55.
At no time prior to accepting the softball scholarship or matriculating to SJU did Defendants
explain to Plaintiff that there was actually an existing widespread culture of harassment on
the womens softball team, including sexual conduct creating a hostile environment which
13
was tolerated by Coach Adams, administrators and others at SJU. Had plaintiff known this,
she would not have attended SJU.
56.
As set forth more fully herein, SJUs pre-matriculation representations to Plaintiff set forth
above were false and known to be false by the Defendants.
57.
Plaintiff matriculated at SJU in Philadelphia in the Fall of 2014. She was provided either
electronically and/or physically with a copy of the Adult Student Handbook attached hereto
as Exhibit A (the Student Handbook) and or a handbook which was substantially similar
or identical.
58.
Plaintiff was also provided a copy of the Saint Josephs University Student-Athlete
Handbook 2014-2015 attached hereto as Exhibit B (the Athlete Handbook). The Athlete
Handbook incorporates the Student Handbook (Exhibit B at 4) and further expounds upon
SJUs policies and procedures as specifically applied to student athletes.
59.
The Student Handbook sets forth SJUs Mission Statement which included the following:
Saint Josephs University is a Catholic and Jesuit university that instills
in each member of its academic community: a love of learning and of
the highest intellectual and professional achievement; moral
discernment reflecting Christian values; and a transforming
commitment to social justice. Saint Josephs is a private Independent
and Comprehensive university.
The defining element of Saint Josephs intellectual tradition
experienced by all of its undergraduate students is its strong and
integrative core curriculum in the liberal arts that informs their study
of particular disciplines. While remaining true to that humane and
formative tradition, Saint Josephs now embraces the challenge of
excellence in graduate education in both the arts and sciences and in
business. Our understanding of the centuries-old Jesuit educational
vision of concern for the individual student (cura personalis)
establishes effective and rigorous teaching and learning as a primary
value. Since teaching and learning in the modern academic context
require research at both the undergraduate and graduate level, the
14
include: searching for God in all things, pursuit of the greater good,
the service of faith together with the promotion of justice, and effective
compassion for the poor and those in need.
For the Universitys defining institutional ideals to matter at the
regional, the national, or the international level, they need to be
realized and expressed within an inclusive environment marked by
trust and enriched by a diversity of ideas, cultures, and religious
commitments. The contemporary Ignatian vision of educating men
and women for others assumes a Saint Josephs University
community-students, staff, and faculty that exists as a vital cultural
plurality, aware of and committed to its central identity, while yet open
and welcoming to all.
Exhibit A at 7 8.
60.
The Athlete Handbook provides a further mission statement of the SJU Athletic Department
as follows:
The Mission of the Athletic Department at Saint Joseph's
University reflects the Ignatian Mission of the University by
using the programs within Athletics as a way of developing
the whole person and preparing men and women for others.
The Athletic Department, therefore, strives
Exhibit B at 3.
61.
The Student Handbook has other sections pertinent to this litigation including the
following:
TITLE IX COORDINATOR
Title IX prohibits discrimination on the basis of sex in education
programs or activities operated by recipients of Federal financial
assistance. Saint Joseph's University is required to uphold Title IX in
all educational programs. If the institution knows or reasonably should
know about harassment (including sexual violence) that creates a
hostile environment, Title IX requires immediate action to: eliminate
the harassment; prevent its recurrence and address its effects.
Exhibit A at 22.
UNIVERSITY POLICIES, REGULATIONS, & GUIDELINES
... To support the continuation of a positive, safe and educational
setting, the University has adopted an array of policies and
regulations. Should any member of the University community violate
established policy, the University has in place processes intended to
educate which includes in some instances the need to discipline the
violator, and thus deter further violations by that and/or other
individuals. This handbook includes most policies in full, as well as
some excerpts from more lengthy policies. ...
Id. at 23.
62.
One policy described in the Student Handbook was the Community Standards Policy which
stated in part as follows:
COMMUNITY STANDARDS
Approved by University Council: April, 2008; Revised July 2010, July
2011, July 2012, August 2013
The Mission Statement of Saint Josephs University shapes the
17
Another policy described in the Student Handbook was the Alcohol Policy which stated
in part as follows:
ALCOHOL POLICY
Saint Josephs policy on the use of alcohol combines observance of
state law, protection of the overall community and reduction of high
risk behavior by students. Consistent with our Catholic, Jesuit mission,
the alcohol policy is guided by the care and concern for the individual
person and the welfare of other students. It should be understood that
the University in no way is a co-sponsor to off campus alcoholic
events unless it has specifically stated this prior to the event. To
reflect its commitment to alcohol awareness, the University calls upon
key individuals and departments to educate the University community
on the dangers of alcohol abuse and to enforce policies on alcohol
use
Exhibit A at 46. See also the Athlete Handbook, Exhibit B at 12. The Alcohol Policy as set
forth in the Student Handbook goes on to state:
Examples of alcohol violations include, but are not limited to:
1. underage possession and/or consumption of alcohol;
2. knowingly furnishing, transporting, and/or allowing minors to
consume alcohol;
3. use of alcohol resulting in involuntary, erratic and/or abusive
19
behavior;
5. involvement in the high risk use of alcohol;
6. exceptional number of persons observed in a residence on campus
or off campus when an open container of alcohol is present;
7. open container of alcohol in public area.
Students are expected to immediately report conduct or activity which
poses a danger to the community or its members.
For example, all students are expected to seek appropriate assistance
for themselves or others in situations where help is needed to ensure
proper care of a person who is significantly intoxicated or under the
influence of drugs. Students should not hesitate to seek help because
of fear of disciplinary action.
In most circumstances, the help seeker and the student in need will
not be charged with a policy violation under the University Community
Standards system. Although students may be required to meet with
a University official regarding the incident, Saint Josephs University
will support and encourage this behavior by treating it as a health and
safety matter, not as a disciplinary incident. In rare circumstances,
such as cases of repeated, flagrant, or serious violations of the
Community Standards (e.g., bodily harm, sexual violence,
physical or verbal abuse or harassment, distribution of drugs,
hazing, theft) or violations that caused the harm to another
person requiring emergency response, a students behavior may
be considered more than a health and safety matter.
Exhibit A at 47 (emphasis supplied).
64.
Another policy described in the Student Handbook was the Bullying Policy which stated in
part as follows:
BULLYING POLICY
Bullying behavior creates feelings of defenselessness, fear, and
injustice and undermines a persons dignity. The University strictly
prohibits bullying. Bullying is severe, pervasive, or persistent actions
of a person (or group of persons) directed towards another person or
group of persons in a severe, pervasive, or persistent manner, which
are intended to hurt, intimidate, degrade, humiliate, and/or undermine.
20
Another policy described in the Student Handbook was the Policy Prohibiting
Discrimination, Harassment and Retaliation which stated in part as follows:
PROHIBITING
RETALIATION
DISCRIMINATION,
HARASSMENT
AND
I. Preface
In keeping with Saint Josephs Universitys (Saint Josephs or
University) mission as a Catholic, Jesuit University and a formal and
informal community of faith, we must hold ourselves to a high
standard of respect and fairness in our personal conduct and
interactions. As such a community, we espouse that each individual
is entitled to certain basic protections. These protections include, but
are not limited to:
!
21
III. Definitions
A. Protected Categories: The law prohibits discrimination and
harassment on the basis of sex/gender, race, age of 40 or over, color,
religion, national origin, ethnic origin, sexual orientation, disability,
marital status, and military and military veteran status.
B. Discrimination: Unlawful discrimination occurs when an individual
is treated less favorably because he or she is a member of a
protected category. Discrimination adversely affects a persons
employment or education; it includes the denial of academic or
employment opportunities, and differentiates in terms and conditions
of employment on the basis of membership in a protected class.
C. Harassment: Harassment means any unwelcomed, unsolicited
and offensive conduct that tends to injure, degrade, disgrace or show
22
gestures;
(d.) Sexual advances, propositions, flirtations, requests
or pressure of any kind for sexual favors;
(e.) Physical contact or intimidation.
IV. Processing Discrimination, Harassment and Retaliation
Reports and Complaints
A. General Provisions
***
2. Reports and complaints of discrimination and harassment
should be made as soon as possible after the incident(s) occurs.
All reports and complaints will be investigated promptly and
appropriate action will be taken as expeditiously as possible
under the circumstances presented. The University will respect the
privacy of the complainant, the respondent, and the witnesses, if any,
in a manner consistent with the Universitys obligations (legal or under
this Policy) to investigate the matter, protect the
individuals involved, take appropriate remedial action, and comply with
any discovery or disclosure obligations required by law. This means
that, although confidentiality will be respected, it cannot be
guaranteed.
3. The University may investigate a report or complaint of
discrimination or harassment regardless of whether the
complaining party desires the University to pursue the report or
complaint, if the University has cause to believe that the action
reported or complained of constitutes a violation of this Policy,
breach of applicable law or a threat to the University community.
4. All students and employees should report any discrimination or
harassment, experienced by themselves or another, to the
appropriate University officer: Title IX Coordinator or EEO/AA
Officer (see Section B below). No student or employee should
assume that the University already knows about a particular
situation or event.
5. Retaliation: The University prohibits retaliation against any
individual who complains of a violation of this Policy or assists
in providing information about a complaint of discrimination,
including complaints of sexual, racial or other unlawful harassment.
24
The Policy Prohibiting Discrimination, Harassment and Retaliation was also restated in
the Athlete Handbook (Exhibit B) with some additional pertinent language as follows:
Persons Covered:
This policy prohibits harassment toward any member of the SJU
community faculty, students, administration, professional
and staff, including union members. When the complainant
and the respondent are both students, the existing
procedures for Community Standards violations will be
followed.
Definition of Harassment:
Harassment is unwelcome severe, pervasive or persistent
verbal or physical conduct, directed at an individual based
upon race, age of 40 or over, color, religion, national origin,
ethnic origin, sex/gender, sexual orientation, disability,
marital status, military leave, veteran status and any other
status protected by law, which unreasonably disrupts or
interferes with anothers academic or work performance, or
which creates an intimidating, offensive or hostile
environment. Examples of unacceptable conduct include the
use of insulting epithets, racial or ethnic slurs or nicknames,
the display of insulting or offensive cartoons, pictures,
slogans or symbols, intimidation through physical acts or
threats of violence or other conduct that is so objectively
offensive as to alter the conditions of the victim's academic
experience or employment.
Harassment based on sex/gender includes unwelcome sexual
advances, requests for sexual favors, and other
communication (oral or written, including electronic mail) or
physical behavior of a sexual nature when (a) submitting to
that conduct is explicitly or implicitly a term or condition of
employment or academic standing; (b) submitting or refusing
to submit to that conduct is used as a basis for any decision
affecting an individuals employment or academic standing;
or that conduct has the purpose or effect of creating an
intimidating, hostile or offensive working or academic
environment. Sexual harassment covers harassment by men
toward women, women toward men, men toward men, and
25
Another policy described in the Student Handbook was the Policy on Hazing which
stated in part as follows:
POLICY ON HAZING
Hazing is defined as any action or situation created intentionally,
whether on or off campus premises, to produce mental or physical
discomfort, embarrassment, harassment, or ridicule. Saint Josephs
University prohibits all forms of hazing. The Anti-Hazing Law of
Pennsylvania states that any person who causes or participates in
hazing commits a misdemeanor of the third degree. It also includes
the willful destruction or removal of public or private property in its
definition of hazing. Individuals found responsible of hazing may be
fined, placed on probation, suspended or dismissed. Likewise,
organizations, clubs and teams may be fined, placed on probation or
disbanded. Other sanctions also may be appropriately issued. Aside
from the legal aspect of hazing, the University believes that hazing is
contrary to the Christian teaching of human dignity and contradicts an
environment of friendship, maturity and charity within its collegiate
community.
Exhibit A at 79 80. This Policy on Hazing was also stated in the Athlete Handbook,
Exhibit B at 9 10.
68.
Another policy described in the Student Handbook was the Sexual Violence Policy which
stated in part as follows:
SEXUAL VIOLENCE POLICY
A. Purpose
***
Saint Josephs University (Saint Joseph's or University) is
committed to providing an institutional environment where all persons
may pursue their studies, careers, duties, and activities in an
atmosphere free of threat of sexual violence. Sexual harassment of
students, employees and any member of Saint Josephs University
community interferes with the expectation that students and
employees will learn and work in an environment that is free from
discrimination. Sexual violence, as defined by the University, may also
26
constitute a crime.
B. Policy
The University does not tolerate Sexual Violence on its campus, at
University-sponsored events, or off-campus, by any member of the
Saint Joseph's community (faculty, students, administrators, staff
including union members, and volunteers). Conduct that is determined
to constitute Sexual Violence is not only a violation of the Policy and
reprehensible in any context, but it is also a matter of particular
concern in an academic community in which students, faculty, staff,
volunteers and visitors are connected by strong bonds of dependence
and trust. As such, all members of the community are expected to
report acts of Sexual Violence.
In addition to University action, a member of the Saint Joseph's
community who has violated this Policy (the respondent) may be
prosecuted under applicable criminal statutes of the location where
the alleged offense occurred. S/he will be subject to internal University
investigative and/or disciplinary proceedings regardless and
independent of any criminal process.
***
C. Sexual Violence
The Office for Civil Rights (OCR) states that Sexual Violence includes
rape, sexual assault, sexual battery, and sexual coercion (Ali, Dear
Colleague Letter, 2011, pp. 1-2).
!
!
!
70.
In or about the Fall of 2014, Plaintiff was subjected to the initiation and hazing on the
softball team in a week long hazing ritual (which upon information and belief had been
repeated over the course of many years with the knowledge of employees of SJU including
its softball coaching staff).
71.
As set forth more fully below, for a period of many years, upperclass members of the softball
team would commence the week long hazing ritual by, inter alia, delivering a letter to the
freshman players purported from the upperclass members (the Initiation Letter) to each
freshman filled with inappropriate sexually charged harassment and designed to terrorize and
intimidate the new members of the team explaining they were scum and low level swine
who must endure the coming harassment in order to be considered actual members of the
team. Plaintiff was delivered a version of this letter which was either identical to the
language below or substantially identical:
([Name of upperclass team member 1 redacted]): Freshmeat, you
may have thought that you were a part of this team from the moment
you walked onto the field. THAT IS NOT TRUE!! You are scum, low
level swine, who only got a glimpse of this team from the outside. This
is your deliverance week, a time to realize your place, the lowest rung
on the totem pole! Remember that and never forget it. This week is
28
time to show respect to your upperclassmen. You are not on this team
just yet. You must make it through this week in order to fully
understand the bond we have as teammates. I licked [Head Coach]
Terris FUPA [Fat Upper Pussy Area]!!
([Name of upperclass team member 2 redacted]): This week will
not be easy. There are rules and regulations you must follow. If they
are not followed there will be dire consequences. This letter is yours
as a group. It is to be shared but never lost! Someone must have it
with them at all times. If you so not, the entire class suffers. I am
turned on by [Assistant Coach] Brooke [Darreff]s sexy chicken legs!
([Name of upperclass team member 3 redacted]): Some general
rules that must be followed by all...never allow anyone in an
authoritative position in the university of your friends know what you
are doing or why you are doing it. This is between the softball team
and the softball team only!! If you break this trust you will suffer the
worst of all consequences. [Head Coach] Terri has sexy facial hair!
([Name of upperclass team member 4 redacted]): At the end of the
week you will be rewarded according to your cooperation and
participation during the week. As a class you are expected to create
an original dance to song Wannabe by the Spice Girls!! You have a
lot to live up to; expectations are very high so you better practice. You
will perform this dance on Friday night as a group, in full costume. I
love doing DROM [Dynamic Range of Motion exercises] naked!
([Name of upperclass team member 5 redacted]): Each of you is
going to show us your true self this week based off of your Spice
Hawk Identity. It is your job to figure out which spice you are; Sporty
Hawk, Baby
Puritan Hawk, Posh Clueless Hawk, Ginger
Chatterbox Hawk, and Scary Frisky Hawk. Your costumes for Friday
must be CREATIVE and reflect the spice hawk each of you represent!
Lick a Dick!
([Name of upperclass team member 6 redacted]): You are NOT
ALLOWED to use ANY form of social media (including Instagram,
Twitter, or Facebook), WE WILL BE WATCHING! In addition to the
rules in your personal letters that you will be receiving, as a group you
are expected to have dinner together every night. You will sit together
and no one else will sit with you and you WILL be checked on by an
upperclassman. Im an ass clown!!!
([Name of upperclass team member 7 redacted]): You are
29
During the week long hazing period in the Fall of 2014, Plaintiff along with other freshman
members of the softball team were forced to undergo hazing in violation of numerous SJU
policies including those described above. The conduct directed at Plaintiff and her freshman
teammates included the following:
a.
Being blindfolded and then forced to touch the buttocks of other players. One of the
buttocks plaintiff was forced to touch was naked and covered in mayonnaise. This
demeaning forced touching of a naked mayonnaise covered buttocks was video taped
without Plaintiffs consent and then electronically shared via social media amongst
the team members and possibly others;
b.
30
Being forced to give a lap dance on a senior member of the softball team;
d.
Being forced to answer sexually charged questions in a group setting including, but
not limited to: whether she was a virgin; whether she watches pornography, whether
she was the dominant person in her sexual encounters; whether she had received
anal sex; whether she was a lesbian; to describe awkward sexual encounters; her
body count (meaning the number of sexual partners she has had); and to describe
her first time having intercourse.
e.
Being forced to perform a sexually explicit song titled Or Nah by a band called
The Weekend which was video taped without her permission and then shared with
an unknown number of other members of the team (and possibly others) via
Snapchat, an internet based social media application. This song contains the
following obscene, demeaning, sexually degrading lyrics (which is just the first verse
of a multi verse song):
Do you like the way I flick my tongue or nah?
You can ride my face until you dripping cum
Can you lick the tip then throat the dick or nah?
Can you let me stretch that pussy out or nah?
I'm not the type to call you back tomorrow
But the way you wrappin 'round me is a prob
Ain't nobody tryna save ya
Baby, get that paper
Probably got a lot of other bitches owe you favors
Pussy so good, I had to save that shit for later
Took her to the kitchen, fucked her right there on the
table
She repping XO to the death, I'm tryna make these
bitches sweat
I'm tryna keep that pussy wet, I'm tryna fuck her and
her friends
31
f.
Being forced in a group setting in front of members of the softball team, members
of the baseball team and other members of the SJU student community, to place
condoms on one or more bananas placed between her legs in the groin area to
simulate having a penis;
g.
Being forced to call an upper class member of the softball team each night to sing her
a lullaby;
h.
Being forced to drink alcohol, including Jell-O shots, despite the fact that she was
a minor;
i.
Being forced to simulate sexual intercourse by humping a wall every time a certain
song was played;
j.
Being instructed not to look directly at upperclass members of the softball team she
encountered on campus;
k.
Being instructed and forced to call upperclass members of the softball team by
nicknames (including sexually suggestive nicknames such as pornstar princess) and
performing physical acts (including simulating oral sex on a male). Freshman
members of the team were given strikes if they failed to use the correct nickname or
perform the correct physical act and were told that the freshman with the most strikes
at the end of the week would be punished.
l.
Being locked in a pitch black room at the off campus house of upperclass members
of the softball team;
m.
Being forced by a former SJU softball player (who had graduated in 2014 and went
on to work at another local university) to
32
i.
walk and crawl around the track linking arms at night in the freezing cold
multiple times; and
ii.
Be transported in the back of a van and told to drink a baby bottle of liquid
comprised of alcohol and various items from the kitchen cabinets, such as
ketchup, mustard, mayonnaise, etc. (with the further threat that they would
be locked into the van until each one of them drank the liquid);
n.
o.
Being forced to repeat a chant about Coach Adams including the words suck my
yahoo
p.
Being forced to clean the off campus house of upperclass members of the softball
team including being forced to clean the cats litter box despite the fact that Plaintiff
informed the upperclass members of the team that she was allergic to cats (and as a
result of which plaintiff suffered breathing problems)
q.
Being forced to stand outside in the freezing cold for at least an hour;
r.
Being forced to attend mass late at night and told to pray to God for forgiveness for
all of their sexual transgressions;
s.
Being forced to name all the teams in the Atlantic 10 Conference and being punished
for making any mistakes by being forced to perform, planks, pushups and jumping
jacks in the middle of Church Road with traffic;
t.
u.
Being forced to watch another member of the team perform a lap dance on a team
member;
33
v.
Witnessing a team member being forced to call upperclass members of the team each
night and ask sexual questions such as how to perform oral sex;
w.
Being assaulted by being pushed and checked into walls during a scavenger hunt;
x.
y.
z.
Being locked in a bathroom and made to memorize a set of rules, then being yelled
at when she forgot any rule and forced to take a jell-O shot with alcohol; and
aa.
Being otherwise belittled and demeaned by upperclass members of the softball team
in a private and a group setting;
73.
During this initiation week in the Fall of 2014, Plaintiff refused to engage in certain other
activities but was forced to witness her fellow freshman teammates engage in these activities
including:
a.
Being forced to pretend they were receiving an orgasm from Coach Terri Adams;
b.
Being forced to simulate oral sex on a wine bottle held between an upperclassmans
legs to simulate a penis.
74.
During the initiation week in the Fall of 2014, a sophomore was required by Coach Adams
to give a PowerPoint presentation on alcohol consumption to the entire team and the
coaching staff due to this students over-consumption during the prior years initiation week.
Coach Adams told Plaintiff how out of control the prior years numerous events during the
initiation had been and that this students PowerPoint presentation was part of her
punishment from the prior year.
34
75.
During the initiation week in the Fall of 2014, and at a seminar including all student athletes,
Kenneth W. Krimmel, Assistant Director of Academic Services for Student-Athletes,
Compliance, Office of Athletics at SJU, noticed that members of the softball team were
wearing odd or inappropriate clothing as part of the hazing on the softball team and
commented to another freshman member of team in Plaintiffs presence words to the effect
that this was the kind of stuff that got the team in trouble last year.
76.
The day following the comment by Mr. Krimmel, upperclass members of the softball team
yelled and reprimanded the freshman members of the team informing them that Coach
Adams had texted the team captain (a senior) about the hazing telling the team captain to
cut the shit out or words to that effect and reprimanding the freshman for having allegedly
had their parents complain to the administration about the hazing on the team. The hazing
continued however.
77.
During the 2014 2015 year, Plaintiff was repeatedly bullied by upper class members of the
softball team who would tell Plaintiff words to the effect that she was worthless and not
physically or mentally fit. One senior member of the team threatened Plaintiff that she would
shove a ball down Plaintiffs throat.
78.
Due to Plaintiffs youthful looks, other players on the team would taunt her about her
physical development and make comments like have you even got your period yet.
79.
Plaintiff was also repeatedly called a lesbian for associating with Doe I.
80.
Upon information and belief, the coaching staff including Coach Adams was well aware of
the bullying, harassment and intimidation of Plaintiff and failed to intervene and instead
endorsed and tolerated such misconduct.
35
81.
For instance, Plaintiff witnessed Coach Adams making sexually or otherwise inappropriate
remarks to players such as calling players biblically dirty, threatening to rip players
heads off and shit down [their] necks, and discussing her sex life with her husband.
82.
Plaintiff also witnessed other players and Coach Brooke Dareff mock Doe I.
83.
At no time did Coach Adams or anyone else at SJU initiate an investigation pursuant to
SJUs written policies or otherwise act to protect Plaintiff or other similarly situated
teammates.
84.
Instead, when Plaintiff approached Coach Adams to describe some of the difficulties
Plaintiff was having with other players on the team, Coach Adams called her shady
meaning that she was untrustworthy and Coach Adams refused to listen to what Plaintiff had
to say.
85.
As a result of the abusive harassment by the SJU softball team (both during the freshman
week initiation and thereafter), Plaintiff was extremely stressed, was often reduced to tears
and her academic performance suffered.
86.
Doe Is mother spoke with Coach Adams in or about January 2015 in a lengthy meeting
lasting 2 to 3 hours or more. Coach Adams told Doe Is mother words to the effect that
Coach Adams would look out for misconduct with regard to Doe I and that things would get
better. However, Coach Adams did nothing and the situation only continued to worsen for
Doe I. This continued inactivity meant a continuation of the sexually charged abusive and
improper hazing for all freshmen on the team including Plaintiff.
87.
In the Spring of 2015, there began to be news reports of the hazing and misconduct on the
softball team. Teammates and coaches assumed Doe I was the source of these reports and
36
Doe I began to be retaliated against by members of the team who made threatening
comments to her, including threats that members of the team would rip her head off and
shove a softball down her throat. Plaintiff was further scared of the situation on her own
behalf.
88.
On or about April 2, 2015, the local ABC news affiliate, Channel 6, aired a news report
disclosing the accusations of hazing which described and depicted the Initiation Letter
reproduced above. At or about that time, one or more news crews arrived on the SJU
campus just as the softball team and coaches were boarding a bus to travel to George Mason
University in Virginia, approximately 3 hours away.
89.
Upon boarding the bus, Assistant Coach Gary Falasca also told team members that the media
had found out about the hazing because their parents had big mouths and need to learn to
keep their fucking mouths shut or words to that effect.
90.
On the bus trip to George Mason University other players accused Plaintiff of texting with
Doe Is mother, supplying Doe Is mother with a copy of the initiation letter quoted above,
and helping bring the hazing to light. Teammates threatened to fight Plaintiff and to rip
[her] f[-]ing phone out of [her] hands to prove she had been communicating with Doe Is
mother. Plaintiff was assaulted on the bus when another teammate slammed a seat back into
her as retaliation. Teammates called her a liar, a mole, a rat, and sexually charged abusive
names. Teammates threatened to physically harm Plaintiff. Coach Adams and other
employees and agents of SJU were on this bus trip which lasted approximately three hours
and failed to intervene, protect Plaintiff or assist Plaintiff in any way. Instead they allowed
the improper, abusive and bullying conduct to continue in violation of their duties under law
37
Upon arriving in Virginia, the team stayed at a hotel. The following morning on April 3,
2015, Plaintiff was approached on the hotel elevator by two upperclass members of the
softball team who verbally assaulted Plaintiff calling her inappropriate sexually suggestive
names. Outside the elevator, and behind Plaintiffs back she overheard these teammate state
words to the effect that they wanted to fuck her up and beat the shit out of her.
92.
That morning, Plaintiff was again confronted by other teammates who again called her a liar,
and sexually charged abusive names. At one point during the pre-game practice, upperclass
members of the team stole Plaintiffs mobile phone to search for evidence of Plaintiff
communicating with Doe Is mother.
93.
Plaintiff retreated to the bathroom during the pre-game practice in tears. A group of
teammates followed Plaintiff into the bathroom and continued to harass her calling her a liar
and accusing Plaintiff of being responsible for leaking information about the abusive and
harassing conduct on the team. After the pre-game practice, Plaintiff was sitting in the
dugout obviously distraught. Coach Adams asked Plaintiff to go to the bathroom with her
to discuss why Plaintiff was crying. Plaintiff explained the situation and Coach Adams again
told Plaintiff numerous times that she was shady and that Plaintiff was overreacting.
Coach Adams told Plaintiff she was being irrational and stated in an accusative tone words
to the effect that well, obviously one of the freshman are behind it so who is it if its not
you?
94.
Plaintiff stayed in the bathroom and called her parents who drove over six (6) hours to
Virginia and picked Plaintiff up. From that point forward, Plaintiff no longer practiced or
38
Upon information and belief, during the course of the ensuing investigation, Coach Adams
actively impeded the investigation by informing the players on the team to plead the fifth
while being investigated and that this kind of drama happened last year and nothing will
happen, or words to that effect.
96.
During the course of the investigation, one of the upperclass softball players wrote an open
letter of apology to the SJU community at large and admitted that the initiation week
described above was a long standing tradition of the SJU softball team enacted her freshman
year (2012-2013) and which she understood at the time had been enacted in previous years.
By way of example, this upperclass member of the team also admitted that the harassing
Initiation Letter (described and reproduced above) had been handed down for many years
amongst upperclass softball team members for use in the hazing during initiation week:
Lastly, the letter given to the freshmen. Nobody on this team wrote
that letter, it has been passed down for years (I have no idea how
many). One of the traditions was to pass on that letter to each
freshmen class. Yes, that letter has some mean things in it that
people could have taken the wrong way ...
97.
Plaintiff has been forced to withdraw from SJU and her softball scholarship at SJU.
98.
Prior to being picked up by her parents in Virginia, and while Plaintiff was being victimized
by her teammates and the Defendants misconduct, Defendants failed to provide Plaintiff
with the academic, athletic, mental health and other supportive services which they had
claimed were available and which they were responsible to provide. Defendants also
knowingly failed to implement or enforce their own policies purportedly designed to protect
persons in Plaintiffs position and instead endorsed and supported such victimizing
39
misconduct.
99.
Prior to the Spring of 2015, and while Plaintiff was being victimized by her teammates and
the Defendants misconduct, Defendants failed to intervene and instead condoned the
misconduct which they knew of.
100.
b.
c.
Suffering the dehumanizing effects of this type of hazing and bullying including
feelings of worthlessness and loss of a positive college experience;
d.
e.
Feeling that she must leave SJU for her physical and mental well being despite being
on a softball scholarship;
f.
g.
h.
Having to leave SJU and now having to pursue her academic options elsewhere;
i.
j.
Denial of access to the full benefit and opportunity of her education at SJU.
101.
102.
Plaintiff further seeks attorneys fees and litigation costs including all fees and costs as may
be allowed under 42 U.S.C. 1988, 28 U.S.C. 1920 and Federal Rule of Civil
Procedure 54.
40
COUNT I
VIOLATION OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972
103.
The foregoing and subsequent paragraphs are incorporated by reference as though set forth
at length.
104.
The Defendants acts, omissions, policies and customs resulted in the sexual harassment,
harassment, a hostile environment based upon sexual misconduct, assault, battery,
intentional infliction of emotional distress and other misconduct upon Plaintiff. By way of
example, SJU and Coach Adams fostered, knew of and condoned for a period of years
a culture of pervasive sexual harassment on the womens softball team in violation of its
own stated policies and which it knew to be harmful to its student athletes.
105.
Plaintiff was denied equal educational opportunities in violation of Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681-1688.
106.
Plaintiff was denied access to the full benefit and opportunity of her education at SJU in
violation of Title IX.
107.
By its actions and inactions before and after the misconduct described in the Complaint,
Defendant SJU acted with deliberate indifference to the rights of Plaintiff and other female
student athletes on the womens softball team to a safe and secure educational environment,
thus materially impairing Plaintiffs ability to participate in and benefit from the activities
of SJU, and denied them access to educational benefits and opportunities on the basis of
gender, in violation of the requirements of Title IX.
108.
As a direct and proximate cause of Defendants unlawful actions including violations of Title
IX, Plaintiff is entitled to actual and compensatory damages in an amount to be determined
41
by a jury.
109.
SJU, through its employees and administrators including but not limited to the womens
softball coaching staff, had actual knowledge of the discrimination and harassment being
perpetrated upon members of the softball team and, at times, participated in such
misconduct.
110.
failing to take immediate and appropriate action over a course of years to investigate
or otherwise determine what occurred with regard to known harassment and hazing
on the womens softball team, or, being deliberately indifferent thereto;
b.
failing to take prompt and effective steps to end the sexual violence, sexual
harassment and other misconduct and failed to prevent its recurrence or address its
effects;
c.
d.
e.
f.
42
h.
111.
The actions of the Defendants at issue in this Complaint were willful, deliberate, and
malicious, thereby entitling Plaintiff to an award of punitive damages in an amount to be
determined by a jury.
COUNT II
RETALIATION UNDER TITLE IX OF THE EDUCATION AMENDMENTS OF 1972
112.
The foregoing and subsequent paragraphs are incorporated by reference as though set forth
at length.
113.
114.
SJU retaliated against Plaintiff for engaging in protected activities, namely, for raising
awareness of the culture of sexual harassment through hazing experienced by her and other
students at SJU.
115.
SJU, by and through its coaching staff, intimidated and threatened Plaintiff on account of her
having exercised her rights under Title IX by attempting to raise awareness of the sexually
43
Plaintiff is entitled to recover damages from Defendants proximately resulting from their
acts of retaliation including compensatory damages.
COUNT III
NEGLIGENCE
117.
The foregoing and subsequent paragraphs are incorporated by reference as though set forth
at length.
118.
Defendants each owed duties to Plaintiff and breached those duties resulting in harm to
Plaintiff.
119.
Defendants failed to inform Plaintiff of the actual culture of the SJU softball team during the
recruiting process and misled Plaintiff by giving her false assurances and false information
which Plaintiff relied upon to her detriment.
120.
Defendants failed to train and supervise their subordinates to properly perform their job
responsibilities.
121.
Once Plaintiff matriculated at SJU, Defendants further breached their duties by failing to act
appropriately under the circumstances as described in this Complaint.
122.
44
COUNT IV
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
123.
The foregoing and subsequent paragraphs are incorporated by reference as though set forth
at length.
124.
125.
Plaintiff suffered emotional distress as a direct and proximate result of the Defendants
misconduct.
126.
COUNT V
BREACH OF CONTRACT
127.
The foregoing and subsequent paragraphs are incorporated by reference as though set forth
at length.
128.
Defendants formed a contract with Plaintiff as embodied in the Student Handbook and the
other policies and procedures of SJU as well as the oral promises used to induce Plaintiff to
attend SJU.
129.
Defendants breached their contract with Plaintiff by failing to enforce their own policies,
failing to investigate known or suspected (including repeated) violations of the policies and
failing to protect the welfare and well being of Plaintiff despite promises to do so.
130.
Defendants breaches of contract foreseeably caused Plaintiff harm including the emotional,
psychological and physical harm alleged in this complaint.
45
COUNT VI
PROMISSORY ESTOPPEL
131.
The foregoing and subsequent paragraphs are incorporated by reference as though set forth
at length.
132.
133.
SJUs promises and representations to Plaintiff were false and misleading and resulted in the
damage to the Plaintiff as aforesaid.
134.
Said promises and representations were material in that, inter alia, Plaintiff relied to her
detriment upon same and established and accepted a scholarship and attended SJU in
reliance upon same.
135.
Plaintiff justifiably relied upon Defendants promises to her detriment causing damages.
COUNT VII
Unfair Trade Practices and Consumer Protection Law (UTPCPL)
Plaintiff v. SJU
136.
Plaintiff incorporates by reference all of the foregoing and subsequent paragraphs as though
fully set forth at length herein.
137.
SJU engaged in unfair methods of competition and/or unfair or deceptive acts or practices
in violation of the Unfair Trade Practices and Consumer Protection Law 73 Pa. C.S.A 2011 et seq. (UTPCPL).
138.
The Unfair Trade Practices and Consumer Protection Law (UTPCPL) was designed to
promote full disclosure of information to consumers and to equalize market position and
strength of the consumer vis-a-vis the seller.
139.
In that regard, the UTPCPL requires an expansive reading which reaches unfair and
46
SJU is a person as defined pursuant to 73 Pa. C.S.A. 201-2 and is engaged in trade or
commerce as defined pursuant to 73 Pa. C. S. A 201-2.
141.
Plaintiff was a purchaser within the meaning of Section 201-9.2 of the UTPCPL.
142.
Defendants specifically intended Plaintiff to rely upon their words and conduct as set forth
in this Complaint to recruit Plaintiff to SJU as a softball player and to have her remain at
SJU.
143.
144.
SJUs services were primarily for personal, family or household purposes of Plaintiff within
the meaning the UTPCPL.
145.
SJU engaged in unfair and/or deceptive trade practices under the UTPCPL, including but not
limited to:
a.
b.
47
c.
Advertising goods or services with intent not to sell them as advertised. See 73 P.S.
201-2(4)(ix);
d.
Failing to comply with the terms of the written guarantee/warranties as stated in the
Student Handbook.
e.
146.
RELIEF REQUESTED:
WHEREFORE, Plaintiff requests the following equitable and legal relief:
a.
That the Court declare that Defendants actions, policies, and practices complained
of herein violated Plaintiffs rights under Title IX of the Education Amendments of
1972;
b.
Injunctive relief requiring Defendant SJU to take effective steps to prevent sex-based
discrimination, harassment and/or violence creating of a hostile environment in its
education and athletic programs; fully investigate suspected incidents of such
misconduct; appropriately respond to all such misconduct; and mitigate the effects
of such misconduct by eliminating any hostile environment that may arise from or
contribute to it.
c.
That Defendants be permanently enjoined from violating the rights of Plaintiff and
others under Title IX of the Education Amendments of 1972;
48
ADULT
STUDENT HANDBOOK
2013-2014
EXHIBIT A
Table of Contents:
I. General Information.p.2 p.9
Student Life Mission Statement, Letter from the President, Academic Calendar,
Contact Information, University Mission Statement, Campus Map
II. Department Information.p.10 p.22
Administrative Contacts and Department Details
III. University, Regulations, and Guidelines.p.23 p.97
IV. Adult Academic Program Departments.p.98
EXHIBIT A
EXHIBIT A
Dear Students,
Welcome to Hawk Hill. For our first-year students, congratulations and
thank you for choosing Saint Josephs University. Of all the universities you
considered, you chose to become a member of our educational community.
I am delighted by your choice. Your decision and indeed your academic
accomplishments make you part of an elite group of students and, upon
graduation, an elite group of alumni.
To our returning students, welcome back. I am looking forward to seeing
many of you again and meeting some of you for the first time. I anticipate
another successful academic year as we work together to make Saint
Josephs an even more engaging educational community.
As a Catholic and Jesuit university, Saint Josephs is dedicated to the pursuit
of the magis, a spiritual attitude that encourages us to strive to choose the
greater good, which leads to excellence in all that we do. This attitude
captures the essence of Saint Josephs. By engaging in the educational
opportunities offered to you here at SJU, you will be transformed. These
Jesuit ideals of liberal arts education were born more than 470 years ago and
are cultivated today by some 200 Jesuit higher educational institutions
throughout the globe. Whats more, these Jesuit ideals are meant to be
transformative as they will lead you to possess broadened perspectives of
life and enriched abilities to become an engaged and contributing global
citizen for the 21st century.
The intellectual challenges you will face from our accomplished faculty, the
service opportunities that are offered, the athletic endeavors that await you,
and the spiritual support and stretching will contribute to your personal and
interpersonal transformation.
This handbook for the 2013-2014 academic year will help you to make the
most of your Saint Josephs University experiences.
Become familiar with all that we have to offer so that you will enjoy your
college years to their fullest. Today and throughout the rest of your life, carry
these ideals with you and share them selflessly.
Best wishes for a successful and rewarding year!
Sincerely,
EXHIBIT A
Academic Calendar
Fall 2013
Classes Begin
Aug 26 (Mon)
Sep 2 (Mon)
Sep 3 (Tue)
Oct 14 (Mon)
Classes Resume
Oct 16 (Wed)
Oct 17 (Thr)
Oct 21 (Mon)
Oct 25 (Fri)
Oct 28 (Mon)
Nov 27 (Wed)
Classes Resume
Dec 2 (Mon)
Last Day
Dec 9 (Mon)
Reading Day
Dec 10 (Tue)
Dec 11 (Wed)
Dec 17 (Tue)
Dec 20 (Fri)
Intersession 2014
Classes Begin
Jan 2 (Thr)
Jan 2 (Thr)
Jan 9 (Thr)
Jan 15 (Wed)
Jan 21 (Tue)
EXHIBIT A
Spring 2014
Classes Begin
Jan 16 (Thr)
Jan 20 (Mon)
Jan 27 (Mon)
Mar 10 (Mon)
Classes Resume
Mar 17 (Mon)
Mar 20 (Thr)
Mar 28 (Fri)
Mar 31 (Mon)
Mar 31 (Mon)
Apr 17 (Thr)
Apr 18 (Fri)
Apr 21 (Mon)
Apr 22 (Tue)
May 1 (Thr)
May 5 (Mon)
Reading Day
May 6 (Tue)
May 7 (Wed)
May 13 (Tue)
Commencement
May 17 (Sat)
May 19 (Mon)
Summer I 2014
Classes Begin
May 19 (Mon)
May 26 (Mon)
May 30 (Fri)
June 26 (Thr)
July 1 (Tue)
Summer II 2014
Classes Begin
June 30 (Mon)
July 4 (Fri)
July 11 (Fri)
Aug 7 (Tue)
Aug 12 (Tue)
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priorities of the Society of Jesus which include: searching for God in all
things, pursuit of the greater good, the service of faith together with the
promotion of justice, and effective compassion for the poor and those in
need.
For the Universitys defining institutional ideals to matter at the regional, the
national, or the international level, they need to be realized and expressed
within an inclusive environment marked by trust and enriched by a diversity
of ideas, cultures, and religious commitments. The contemporary Ignatian
vision of educating men and women for others assumes a Saint Josephs
University community-students, staff, and faculty that exists as a vital cultural
plurality, aware of and committed to its central identity, while yet open and
welcoming to all.
The Universitys Ignatian identity derives from its founding by the Society of
Jesus in 1851 and from the subsequent shaping of the Universitys
development by the evolving world view of the Society. In ways consistent
with its nature as a university,
Saint Josephs espouses the educational priorities of the Society of Jesus
which include: searching for God in all things, pursuit of the greater good,
the service of faith together with the promotion of justice, and effective
compassion for the poor and those in need.
For the Universitys defining institutional ideals to matter at the regional, the
national, or the international level, they need to be realized and expressed
within an inclusive environment marked by trust and enriched by a diversity
of ideas, cultures, and religious commitments. The contemporary Ignatian
vision of educating men and women for others assumes a Saint Josephs
University community-students, staff, and faculty that exists as a vital cultural
plurality, aware of and committed to its central identity, while yet open and
welcoming to all.
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DEPARTMENT INFORMATION
For information on grading, changing courses, absence from class,
transcripts, etc., see the College of Arts and Sciences and the Erivan K. Haub
School of Business catalog.
ADULT STUDENT LIFE
Senior Director - Dr. Nancy Komada
Administrative Assistant - Emilie Linthicum
Barbelin 122, 610-660-1074
The role of the Adult Student Life Office is to assist both undergraduate (CPLS &
HDC) and graduate College of Arts & Sciences and the Haub School of Business,
on campus and online, to overcome obstacles associated with a multi-tasked
lifestyle and to provide Student Life resources to foster academic success.
Programs and individual coaching sessions enable these adult and graduate
students to connect with University resources, explore academic options and
develop strategies for meeting their goals.
AIR FORCE ROTC, AEROSPACE STUDIES DEPARTMENT
Commander - Lt. Col. James Turnbull
AFROTC Building, 2443 N. 54th Street, 610-660-3190
COLLEGE OF ARTS & SCIENCES
Interim Dean - Dr. Jeanne Brady
Barbelin 115, 610-660-1282
ATHLETICS
Vice President - Dominick DiJulia
Hagan Arena, 610-660-1707
BOOKSTORE
2461-83 North 54th Street
610-660-3170
The Bookstore supplies all course-related items including new, used and rentable
textbooks and offers a wide selection of snacks, magazines, health and beauty
aids, imprinted school clothing and gifts, greeting cards, newspapers, school and
office supplies. The Hawk Card, cash, MasterCard, VISA, Discover, American
Express and Travelers Checks are accepted with two forms of identification.
Regular Bookstore hours during Fall and Spring semesters are:
Monday-Thursday: 9:00 a.m. - 7:00 p.m.
Friday: 9:00 a.m. - 5:00 p.m.
Saturday: 11:00 a.m. - 5:00 p.m.
Sunday: 12:00 p.m. - 5:00 p.m.
Check the Bookstore website for special event store hours
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CAMPUS RECREATION
Director - Corey Shannon
OPake Recreation Center, 610-660-1703
Located in the OPake Recreation Center on the Maguire Campus of the
University, the Department of Campus Recreation provides recreational
programming and activities to the entire university community.
The OPake Recreation facilities include a state of the art Fitness Center,
basketball courts, a swimming pool, locker room and a large multipurpose room.
Additionally, the complex is surrounded by playing fields to accommodate
outdoor activity.
Complex Hours:
Monday-Thursday: 7:00 a.m. - 10:00 p.m.
Friday: 7:00 a.m. - 9:00 p.m.
Saturday: 12:00 p.m. - 9:00 p.m.
Sunday: 12:00 p.m. - 9:00 p.m.
Adjusted hours are in effect during the summer and holidays.
Further, Campus Recreation coordinates student athletic competition at both the
intramural and the club level. The intramural sports program consists of numerous
leagues and activities conducted at SJU throughout the academic year.
Competition at the club level provides the opportunity to challenge outside
opponents in a competitive setting. Please see the Campus Recreation website for
a full listing of club sports. A wide range of fitness programming including fitness
assessments and prescribed workout programs are available as a free service to all
students. Additionally, group exercise classes such as aerobics, yoga, pilates, and
bootcamp are available for a small fee.
Equipment will be provided only for recreational instruction, intercollegiate
athletics, and intramural activities. (Generally, individuals should supply their own
equipment).
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DINING SERVICES
Director - Thomas Rizzo
Campion First Floor, 610-660-1054
The Food Court, located in Campion Student Center features The Hawk Wrap,
Subway Sandwich, Grille Works, WAWA coffee, fresh housemade soups, grab
n go snacks and cold beverages, plus daily featured specials. The Food Court is
located on the first floor of the Campion Student Center.
The hours are as follows:
Monday-Thursday: 7:30 a.m. - 11:00 p.m.
Friday: 7:30 a.m. - 8:00 p.m.
Saturday/Sunday: 7:00 p.m. - 11:00 p.m.
The Residential Restaurant offers something for everyone. Daily features highlight
specials at any one of our eight stations, including the Home Zone, the Grill,
Pizza-by-the-slice, housemade soups, Made-to-Order Action or pasta stations. Or,
simply build your own salad at the Produce Market and Self-Serve Deli. Finish
your meal off with our delicious desserts or Scoop-Your-Own Eddys Ice Cream at
the hard ice cream station.
The Residential Restaurant is located on the first floor of the Campion Student
Center. The hours are as follows:
Monday-Friday:
Breakfast: 7:30 a.m. - 10:30 a.m.
Lunch: 11:00 a.m. 2:00 p.m.
Lite Lunch: 2:00 p.m. - 4:30 p.m.
Dinner: 4:30 p.m. - 8:00 p.m.
Friday Dinner: 4:30 p.m. - 7:00 p.m.
Saturday/Sunday:
Continental Brunch: 9:30 a.m. 11:00 a.m.
Brunch: 11:00 a.m. 3:00 p.m.
Dinner: 4:30 p.m. 7:00 p.m.
P.O.D. Markets and P.O.D. Express are available for grab n go snacks and
beverages in the following locations around campus. Hours are subject to change
without notice.
Mandeville Hall
Monday-Thursday: 8:00 a.m. - 8:00 p.m.
Friday: 8:00 a.m. - 2:00 p.m.
Saturday-Sunday: Closed
Bellarmine Hall
Monday Thursday: 8:00 a.m. - 8:00 p.m.
Friday: 8:00 a.m. - 2:00 p.m.
Saturday-Sunday: Closed
The Post Learning Commons Library Caf
Monday- Thursday: 10:00 a.m. - 8:00 p.m.
Friday: 10:00 a.m. 2:00 p.m.
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Merion Hall
Monday-Thursday: 8:00 a.m. - 8:00 p.m.
Friday: 8:00 a.m. - 2 p.m.
Saturday/Sunday: Closed
Campion Student Center
Monday-Friday: 10:00 a.m. - 11:00 p.m.
Saturday: 12:00 p.m. - 11:00 p.m.
Sunday: 4:00 p.m. - 11:00 p.m.
Cosi and Starbucks are adjacent to campus for your convenience.
Cosi
2461 North 54th Street
Monday- Thursday: 11:00 a.m. - 9:00 p.m.
Friday: 11:00 a.m. - 7:00 p.m.
Saturday/Sunday: 11:00 a.m. - 6:00 p.m.
Starbucks
203 City Ave
Monday - Thursday: 7:00 a.m. - 7:00 p.m.
Friday: 7:00 a.m. - 3:00 p.m.
Saturday / Sunday: 8:00 a.m. - 5:00 p.m.
Service hours during the summer and University breaks will be posted in the
dining center and online.
Dining Policy
1. Lost ID cards must be reported to the security office as well as CardSmith to
prevent misuse of your account. Temporary dining passes are available at the
dining services office. First temporary pass is free, the second temporary pass is
$3.00, the third is $6.00, etc. Proper ID is needed.
2. All plates, cups, utensils or any other university property (e.g. chairs, tables,
etc.) may not be removed from the dining hall.
3. Shoes and shirts must be worn at all times in the dining center.
4. Pets, with the exception of service animals, are not permitted in the dining
center.
5. Smoking is not permitted in any dining area.
6. The throwing of food or any other object is strictly prohibited because of the
potential for injury.
7. Busing of all plates, napkins, silverware and such is requested at the completion
of your meal. Please be aware and courteous to your fellow students who will be
dining in the same area.
8. Proper behavior is expected of all students, guests, and staff members at all
time.
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9. All persons in the dining center are expected to cooperate fully with the Dining
Service managers, security, and University staff members.
10. Violation of dining center rules will result in disciplinary sanctions.
FAITH-JUSTICE INSTITUTE
Director Virginia Goulding Johnson, Ph.D.
Mary Margaret Wolfington Hall, 610-660-1574
The Faith-Justice Institute promotes social analysis and critical thought around
contemporary justice issues. Rooted in the Jesuit spirit of the service of faith in the
promotion of justice, the Institute offers opportunities for students and faculty to
participate in education for social change.
The Institute fulfills its goals through a variety of programs including Faith-Justice
Studies minor, Service-Learning courses, Outreach Lectures and justice-based
events, as well as course-based immersion experiences.
IIGO FIRST YEAR EXPERIENCE
Director - Dr. Kim Allen-Stuck
Assistant Director - Dan McDevitt
St. Thomas Hall, 610-660-1339
Email: [email protected], Twitter @inigoSJU
The goal of the Iigo First Year Experience is to transform individual
undergraduates into a community of men and women with and for others.
Through intentional community building initiatives first year students connect
with one another and with the University as a whole. The Iigo First Year
Experience provides the framework for a smooth transition to college life. The
ultimate goal of the program is to create a sense of belonging for all first year
students while exposing them to the time-honored ideals of the Jesuit education
known around the world.
HAWK CENTRAL
Hawk Central is SJU's student-focused service center where counselors are
available to meet with students and families to help them understand how to
analyze and assess their needs and make well-informed decisions related to the
registration process, student academic records, financial assistance, and billing.
Our counselors are dedicated to providing a seamless student experience across
multiple channels (in person, email, or by phone) while resolving questions or
concerns.
Email: [email protected]
Fax: 610-660-1019
Phone: 610-660-2000
Barbelin 121
Monday- Friday 9:00 AM- 5:00 PM
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MAIL SERVICES
Barbelin Ground Floor, 610-660-1180
[email protected]
Monday-Friday 8:30 a.m. 4:30 p.m.
Saturday: 8:30 a.m. 12:00 p.m.
PACKAGE CENTER
Science Center 204, 610-660-1371. Email: [email protected]
Monday-Friday: 8:00 a.m. - 11:00 a.m. and 3:00 p.m. - 4:30 p.m.
Students are notified by SJU e-mail if a package for them has been delivered to the
Package Center. Students can pick-up packages during the above noted times.
Must have valid SJU ID to pick up a package.
OFFICE FOR MISSION
Vice President for Mission Dr. E. Springs Steele
Mary Margaret Wolfington Hall, 610-660-3290
OFFICE OF MULTICULTURAL LIFE
Director Dr. Shoshanna Edwards-Alexander
Campion 229, 610-660-1140
OFF CAMPUS & COMMUTER STUDENT LIFE
Assistant Director for Off Campus and Commuter Student LifeDenys Davis
Campion 238/239, 610-660-1003
PUBLIC SAFETY AND SECURITY
Director - John Gallagher
Barbelin 15, 610-660-1111
The Department of Public Safety and Security website includes up-to-date
information on the department, parking information and crime statistics. There is
also a crime bulletin page where information on any problems happening in or
around campus can be found.
The Universitys security officers are not police officers and they do not carry
firearms; any criminal investigations are conducted by one of the two law
enforcement agencies which are responsible for coverage at Saint Josephs
University.
Because the safety and security of the University is the shared responsibility of all
who live, work and study on the campus, members of the University community
are encouraged and expected to use common sense where personal safety is
concerned and to report any suspicious or criminal activities to the Department of
Public Safety and Security at 610-660-1111.
Emergency phones are located throughout the campus both inside and outside of
campus buildings. Dialing is not required on these phones. When the receiver is
lifted, the phone automatically calls Public Safety and Security.
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Escort Service
An escort service is available for transportation between on-campus locations and
nearby off campus apartment complexes not on the scheduled University shuttle
system by calling 610-660-1010. Walking escorts will also be provided upon
request for travel between on-campus locations after dark. Students are
encouraged to use these services rather than to walk alone.
Parking and Traffic Regulations
Parking a motor vehicle on campus is a privilege which may be withdrawn from
any individual who fails to comply with the regulations that are found at
www.sju.edu/resources/security/parking.
Identification Cards
Identification cards will be issued to all members of the Saint Josephs community.
The card must be carried at all times on campus, and produced upon the request
of a University employee. Identification cards are non-transferable and subject to
confiscation, and disciplinary sanctions if used by any person other than the
person to whom it was issued.
If your card is lost or stolen, contact the Department of Public Safety and Security
immediately. A replacement card will be issued for a fee of $20.
CCTV (Closed Circuit Television) System
The Universitys purpose in installing and using cameras in certain locations of the
University is twofold: security and deterrence.
Absent legal process, information obtained through the use of these cameras will
be viewed only by authorized University personnel and will be used internally by
the University primarily, but not solely, for these purposes.
RESIDENCE LIFE
Director - John Jeffery
LaFarge Residence Center, 610-660-1060
STUDENT EDUCATIONAL SUPPORT SERVICES
Assistant Vice President - Jacqueline Starks
Bellarmine Hall, Ground Floor, 610-660-1081
SESS provides the following academic and personal support services:
LEARNING RESOURCE CENTER
Bellarmine Hall, Ground Floor, 610-660-1775
The LRC offers walk-in and scheduled tutoring sessions in most entry level
courses. The LRC also provides students with study strategy workshops and
individual study skills assessment and practice. Supplemental Instruction, which is
assigned to historically challenging courses, holds bi-weekly review sessions for
students who are enrolled in the course. Students can view the LRC webpage for a
full list of services as well as information regarding workshops and appointments.
EDUCATIONAL SERVICES FOR STUDENT ATHLETES
Bellarmine Hall, Ground Floor, 610-660-1729
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In most circumstances, the help seeker and the student in need will not be
charged with a policy violation under the University Community Standards
system. Although students may be required to meet with a University official
regarding the incident, Saint Josephs University will support and encourage
this behavior by treating it as a health and safety matter, not as a disciplinary
incident. In rare circumstances, such as cases of repeated, flagrant, or
serious violations of the Community Standards (e.g., bodily harm, sexual
violence, physical or verbal abuse or harassment, distribution of drugs,
hazing, theft) or violations that caused the harm to another person requiring
emergency response, a students behavior may be considered more than a
health and safety matter.
How does the Community Standards Process Begin?
Any member of the University community (complainant) may file a
complaint against a student(s) or student organization (respondent)
alleging violation of the Community Standards.
An incident report completed by a Public Safety or Residence Life staff
member or a written complaint prepared by any other member of the
University community and directed to the Office of Community Standards1
begins the process. In the case when the University initiates an incident
report, it becomes the complainant. A complaint shall be submitted as soon
as possible after the event takes place, preferably within one week;
however, the timeliness of a complaint shall be determined by the Vice
President for Student Life/Associate Provost based on the fact and
circumstances presented.
Can the University Impose Interim Remedial Measures?
If at any time during the Community Standards process, the University
through the VPSL determines that a students participation in activities on
campus would be disruptive to the Community Standards process or risks
harm to another student, him or herself, or the broader University
community, the University may impose interim remedial measures. During
this time, the student may be restricted in his/her access to the residence
halls, and/or to the campus (including classes), and/or all other University
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The composition of each panel shall consist of at least one faculty member,
one student, and one administrator/staff. Board Members shall disqualify
themselves from serving on a Community Standards Board case if they
believe in good faith that they cannot be objective in the matter. The
respondent and complainant may object to a member for cause in writing at
least 48 hours before the hearing. The Moderator shall rule on all objections
and replace any disqualified members.
What Happens Before the Hearing?
Upon receiving notice of an alleged violation, the appropriate Hearing
Officer or Moderator shall notify the respondent via University email. The
process of the hearing will be outlined in the notice. In addition, in the case
of serious violations of the Community Standards, a prehearing meeting
shall be scheduled, which is part of the Community Standards process. A
pre-hearing meeting is a part of the Community Standards process. In order
to schedule a hearing, class schedules are reviewed to find a common
available time. Students are expected to attend their hearings or to forfeit the
opportunity to provide information orally.
The respondents failure to attend the hearing does not limit the Hearing
Officer, PRB, or CSB from making a decision based upon available
information. If a student misses a hearing due to an emergency, it is the
students responsibility to contact the Hearing Officer or Moderator within
24 hours after the scheduled hearing. No student may be found to have
violated the Community Standards solely because the student failed to
appear.
As with all hearings, in matters involving allegations of sexual harassment,
the respondent and complainant are entitled to equal process. Complaints
will be resolved promptly and fairly, normally in no more than 60 days.
What is a Community Standards Advisor?
At any time during the Community Standards process, the respondent or
complainant may consult with an advisor from the community. An advisor is
a member of the University community who is permitted to consult with the
student throughout the process, including accompanying the student at a
hearing, pre-hearing meeting, and/or pre-appeal meeting. Advisors are not to
speak or ask questions on behalf of the student during the hearing. NonUniversity advisors, including parents and legal counsel, are not allowed to
serve as advisors or attend the hearing. The Office of Community Standards
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Absent other considerations, the appeals panel may review all available
information pertaining directly to the appeal, and in most cases shall make a
decision within five business days of the appeal request period expiring. The
appeals panel may 1) replace the sanction with another which may be more
severe, less severe, or otherwise different; 2) remand the case for
reconsideration; 3) direct the case for a new hearing.
The appeals panel will convey their decision in writing to both parties, in
the case of crimes of violence, sexual harassment including sexual violence,
or retaliation of the aforementioned. Absent a remand for further
investigation, the outcome of the appeals process is final. If the appeals
panel finds no merit to the appeal, the decision of the original hearing shall
stand. During the appeals process, the sanctions are in effect unless the Vice
President for Student Life/Associate Provost decides otherwise and/or the
VPSL imposes an interim suspension/conditional attendance as highlighted
above
What is the Policy on Retention of Discipline Records?
Community Standards violations and sanctions shall not be made part of the
students permanent academic record, but shall become part of the students
educational record. Student discipline records not relating to expulsion from
the University are kept for five years after the conclusion of the semester last
attended by the student. Student discipline records relating to expulsion
from the University are kept permanently. Case notes shall not be made a
part of the students educational record, and will be destroyed upon the
conclusion of the appeal period. Records are maintained by the Office of
Community Standards and are generally confidential except in the case of
subpoena, student consent (including background checks), or as provided
above.
Interpretation and Revision
Any question of interpretation regarding the Community Standards shall be
referred to the Vice President for Student Life/Associate Provost (VPSL) for
final determination. A review of the Community Standards shall be
coordinated by the VPSL every three years, but may be revised when
deemed appropriate.
ACADEMIC HONESTY POLICY
[This policy was approved by the University Council on May 20, 1982,
revised by University Council April 20, 1995, and approved by the
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President April 27, 1995, and further amended by the University Council
October 21, 2004 and March 19, 2009.]
The University exists primarily to sustain the pursuit of knowledge. Learning,
to have true value, must be linked to a sense of honesty and integrity. It is
the responsibility of every person in the academic communityfaculty
members, students, administratorsto ensure that dishonesty is not
tolerated.
Personal and communal integrity have always been fundamental in Jesuit
education, and a sense of honor must be kept alive in every activity at Saint
Josephs University.
In order to recognize the essential contribution of honor to University life,
an official Academic Honesty Policy has been adopted. This policy
addresses violations in two categories: acts of dishonesty in formal courses
and acts of dishonesty outside those courses.
1. Acts of dishonesty in formal courses In all courses, except for assignments
where the instructor has explicitly directed otherwise, each student has the
responsibility to submit work that is uniquely his or her own.
All of this work must be done in accordance with established principles of
academic integrity. Specific violations of this responsibility include, but are
not limited to, the following:
a. cheating, copying, or the offering or receiving of unauthorized assistance
or information in examinations, tests, quizzes, reports, assigned papers, or
special assignments, as in computer programming, studio work, and the like;
b. the fabrication or falsification of data, results, or sources for papers or
reports, as in laboratory reports;
c. any action which destroys or alters the work of another student;
d. the multiple submission of the same paper or report for assignments in
more than one course without the prior written permission of each
instructor;
e. plagiarism, the appropriation of information, ideas, or the language of
other persons or writers and the submission of them as ones own to satisfy
the requirements of a course.
Plagiarism thus constitutes both theft and deceit.
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under section 2, above, normally rest with the Provost or his or her
designee, hereinafter referred to as the Vice President.
Primary responsibility for investigating infractions filed as complaints under
section 5, below, and for determining the sanctions also rests with the Vice
President. Whenever an infraction is alleged, the faculty member or the Vice
President shall summon the student to an interview.
4. Interview
a. Notice
An attempt to notify the student by letter or phone must be made within 10
consecutive days of the discovery of the alleged infraction. An interview is
to be held as soon as possible after the student is notified of the alleged
infraction.
However, cases in which the time frame cannot be met will not be
dismissed for this reason alone.
b. Penalties
i. Under section 1, above: After a review of the evidence, if a student is
found guilty of an infraction, depending on its severity, the faculty member
must either record a grade of zero or failure for the examination or
assignment, or record a grade of failure for the course. In cases of failure for
the course, withdrawal from the course is not permitted; in cases of failure
or the grade of zero for an assignment or examination, withdrawal from the
course must have the written approval of the responsible faculty member.
ii. Under section 2, above: After a review of the evidence, if a student is
found guilty of an infraction (excepting those under section 2.e.), depending
on its severity, the Vice President must either suspend or dismiss the student.
If a student is found guilty under section 2.e., one or more of the following
sanctions may be imposed: restitution, fine suspension, or dismissal. In cases
of suspension, no credits for courses taken during the suspension will be
accepted towards graduation requirements.
c. Files.
In all cases where a student is found guilty, the names of the principals, the
pertinent dates, and the nature of the offense must be communicated in
writing to the Office of the Registrar to be maintained in a separate,
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confidential file. In cases of second offenses, the Director of the Office of the
Registrar shall immediately notify the Chair of the Academic Honesty Board.
5. Complaints
Any member of the academic community may file with the Vice President a
written complaint against a student alleging that an infraction has occurred.
If, after prompt investigation, the Vice President finds that the complaint may
be justified, the Vice President shall investigate further, hold an interview
with the student, and also notify the instructor of the course involved.
6. Academic Honesty Board
a. Composition. The Academic Honesty Board shall consist of seventeen
members: a chair; eight faculty members, including two from each of the
four divisions (business, humanities, social sciences, and natural
sciences/math); and eight students, including two from each of the four
constituencies (CA&S, HSB, College of Professional and Liberal Studies, and
Graduate Programs). All members, including the chair, shall be nominated
by appropriate deans or student governments and appointed by the Vice
President, with consideration given to anyone interested in serving on the
Board. All members shall serve two-year terms which are renewable. In the
event that the chair is temporarily unable to convene the board, he/she will
designate one of the eight faculty members to act as chair until such time as
the chair is again able to convene.
Six Board members, including the Chair (or his/her designate) and at least
one student representative, constitute a quorum in order to conduct
business. Decisions of the Board shall be rendered by a simple majority of
those present. The Chair (or his/her designate) shall vote only in the case of
a tie.
b. Appeals and Referrals. An accused student may appeal to the Board in
order to contest a determination of guilt if he or she believes the decision to
have been unsubstantiated or procedurally unfair. The responsible faculty
member or the Vice President may refer a case to the Board if he or she
believes because of the severity of the offense that the penalties specified
under section 4.b., above, are inadequate.
All appeals and referrals must state grounds and must be made in writing to
the Chair within seven days after notification of the decision.
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Access to Facilities: Persons with HIV infection will not be denied access to
any University facility.
Housing: Students with HIV infection shall be allowed to live in residential
housing. However, reasonable concern for the health of such students may
suggest in certain circumstances the option of providing a private room.
Such a decision will be made after consultation with a physician of the
students choice. An outbreak of measles or chicken pox may demand
special provisions for HIV infected students. Such students shall be exempt
from any requirements for vaccinations against measles and rubella.
Care: Students and employees with the HIV infection are strongly
encouraged to inform campus health authorities so that the University may
alert them to special risks and to support them in their situation. The
University health service is not equipped to treat HIV infected persons, but it
can identify care-providers for such persons.
Testing: The University will not undertake campus-wide mandatory testing
of either employees or students for the antibody to HIV. Student Health and
the Counseling Center will provide information to those who seek voluntary
testing, but no testing will be done by campus personnel.
Confidentiality: Health records are treated as confidential. No information
about HIV infection will be provided to faculty or administrators without the
expressed written consent of the patient in each case. (Of. Family Education
Rights and Privacy Act of 1974). There is no medical or other reason to
inform students in a residence hall or classroom or dining hall of the
presence of persons with HIV infection. The University will strictly observe
the public health reporting requirements and report cases of AIDS to the
local public health authorities.
Conclusion: Should anyone in the University community contract HIV
infection of AIDS Related Complex or AIDS, those members of the
University who become aware of the situation should show great
compassion and charity in their dealings with the infected person. The
institution will not tolerate abusive behavior toward any members of this
community who suffer from the HIV infection. Further information may be
found in AIDS on the College Campus, a special 65-page report by the
American College Health Association.
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ALCOHOL POLICY
Saint Josephs policy on the use of alcohol combines observance of state
law, protection of the overall community and reduction of high risk behavior
by students. Consistent with our Catholic, Jesuit mission, the alcohol policy
is guided by the care and concern for the individual person and the welfare
of other students. It should be understood that the University in no way is a
co-sponsor to off campus alcoholic events unless it has specifically stated
this prior to the event. To reflect its commitment to alcohol awareness, the
University calls upon key individuals and departments to educate the
University community on the dangers of alcohol abuse and to enforce
policies on alcohol use:
The Assistant Director of Student Outreach & Support coordinates alcohol
education and programming as well as annual Alcohol Awareness events,
and assists students with issues concerning alcohol usage.
Members of the Division of Student Life and The Office of Public Safety
and Security assist in implementing and enforcing the policy.
The Advisory Council on Alcohol, Drug & Student Health assists the Vice
President for Student Life/Associate Provost by making recommendations
concerning policy.
The following two paragraphs constitute the official Alcohol Policy as
approved by University Council (May 12, 1987) and the President:
In compliance with the laws of the Commonwealth of Pennsylvania, no
person under twenty-one years of age shall attempt or carry out the
purchase, possession, consumption or transport of alcoholic beverages on
University property or at any event sponsored by the University. No student
or employee of the University shall attempt or carry out the transfer of any
form of identification for the purpose of falsifying age in order to secure
alcohol. No student or employee of the University shall give permission or
render assistance in the sale, furnishing, or providing of alcohol to any
person under twenty-one years of age.
Only under the conditions clearly stipulated in the University guidelines is
the possession or consumption of alcoholic beverages by students twentyone years of age and older permitted. This conditioned permission should
not be interpreted to mean that the University encourages the use of
alcoholic beverages. Furthermore, the University considers intoxication,
disorderliness or offensive behavior deriving from the use of alcoholic
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FREEDOM OF ASSEMBLY
This Policy was approved by the College Council on March 13, 1969, and
by the General Assembly on May 13, 1969
Freedom of assembly in a college community can be understood only in the
context of academic freedom and human rights. Recognizing that a healthy
pluralism of ideas is essential for personal growth, Saint Josephs University
supports the freedom of members of its community to assemble peacefully
on campus to discuss and demonstrate their views and feelings on matters of
concern. The University will endeavor to protect the appropriate exercise of
this from disruption and interference.
Since such assemblies are a supplement to existing channels of
communication in the community, and since only a segment of the
University will ordinarily be involved, the rights and freedoms and normal
activities of other members of the University must be acknowledged and
respected. A consciousness of the social dimensions of the University
community, and recognition of the dignity of its commitment to education
must also guide exercise of freedom.
Space and facilities at Saint Josephs are limited, and the legitimate demands
of the community necessitate orderly procedures for their allocation. Groups
desiring use of space on campus are required to notify the office responsible
for coordination of campus facilities. Depending on the needs and the size
of the expected group, and in consideration of other functions and events on
campus at the time of the scheduled assembly, suitable indoor or outdoor
space will be noted for the groups use. Advance notice will generally insure
adequate accommodation.
If the occasion for an extraordinary assembly should arise, the regular
operations and special functions of the University must be no less respected.
If a scheduled or unscheduled assembly becomes, by location or by its
nature, disruptive of its rights and freedoms in the University community,
the Vice President for Student Life or a delegate will consult with those in
assembly and advise them of the necessary remedies.
In most cases, maintaining of order, compliance with existing University
regulations, or simple relocation will be sufficient remedy.
Deliberate interference with or disruption of the regular operations or
authorized activities of the University are direct violations of academic
freedom, and will not be tolerated. The use of force and promotion of fear
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User Responsibilities
If you or your guest use the Universitys computing resources or facilities,
you have the following responsibilities in addition to those described in the
preceding sections:
1. Use only those computer services, networks and accounts which the
University has authorized for your access.
2. Use accounts only for the purpose(s) for which they have been issued.
3. Be responsible for all use of your accounts and for protecting each
accounts password. Users are not allowed to divulge computer account
passwords. Passwords should consist of a mix of 7 or 8 alphanumeric
characters, and should be changed frequently throughout each semester of
use. Do not use easily identifiable personal information such as names,
telephone numbers, birth dates, etc.
4. Immediately report unauthorized use of your accounts to the Office of
Information Technology.
5. University communications systems (electronic mail, electronic
messaging, and similar services) may not be used for unlawful purposes or
purposes that violate other University policies or guidelines. The latter
include, but are not limited to, sexual or other forms of harassment.
Electronic communication may not be used for commercial purposes except
under the direction of the University.
6. Ensure that all software that you use is properly licensed. Do not use or
share unlicensed software including computer programs, music files and
other digital media. The unauthorized sharing of music files and other digital
media is a violation of the Digital Millennium Copyright Act and you are
potentially liable for damages. Take reasonable and appropriate steps to see
that all hardware and software license agreements are faithfully executed on
any system, network, or server that you operate.
7. Cooperate with system administrator requests for information about
computing activities. Under certain unusual circumstances, a system
administrator is authorized to access your computer files.
8. You are held responsible for the actions of your guest(s). Violations of
computing resource policy committed by any guest will be attributed to that
guests sponsor.
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9. You are responsible for making backup copies of your documents and
personal software.
10. The use of electronic mail is to be treated as the use of postal services.
Email messages are owned by the user to whom they are addressed. Do not
attempt to read, delete or otherwise tamper with email belonging to another
user. Do not attempt to distort or forge the address information of email
messages. Do not send harassing or offensive email.
11. You may not attempt to gain control of any files or computers without
the prior consent of the owner of those files. The system administrator
does not give consent for users to attempt to gain control of any network
servers, routers, or switches. The system administrator does not give consent
for users to look around the file systems on any server.
The University is not responsible for loss of information from computing
misuse, malfunction of computing hardware or software, external
contamination of data or programs. The staff in Information Technology
units such as Network Services and all other system administrators must
make every effort to ensure the integrity of the Universitys computer
systems and the information stored thereon. However, users must be aware
that no security or back-up system is 100 percent foolproof.
Penalties for Misuse of Computing and Information Resource
Privileges
Abuse of computing resources is subject to disciplinary action. If the Office
of Information Technology has a sufficiency of evidence to indicate that
intentional or malicious misuse of computing resources has occurred, and if
that evidence points to the computing activities or the computer files of an
individual, any or all of the following steps will be pursued to protect the
user community:
1. Notify the users project director, instructor, academic advisor, or
administrative officer of the investigation.
2. Refer the matter for processing through the Universitys Community
Standards process.
3. Suspend or restrict the users computing privileges during the
investigation, including inspecting that users files, diskettes, and/or tapes.
Disciplinary action may include the loss of computing privileges and other
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Resolution Officer
Appropriate Academic Dean
Administrator, Staff
(Students, please consult with the Director of Services for Students with
Disabilities for assistance in identifying the appropriate Vice President.)
The Resolution Officer will contact the complainant to acknowledge the
formal grievance, to explain the students rights, and to advise the student of
the investigative sources including timetables.
The Resolution Officer may name a designee to conduct an adequate,
reliable and impartial investigation who will then report the findings to the
Resolution Officer. The designee shall have the same powers to conduct the
investigation as the Resolution Officer and will use the same guidelines as
indicated below. The Resolution Officer will attempt to resolve the
grievance to the parties mutual satisfaction.
3. The complaint will be investigated using the following guidelines:
a. The investigation shall be completed as expeditiously as possible, but not
to exceed 20 business days when classes are in session and 30 business
days when not in session.
b. Federal laws and University policy will be reviewed with the parties
involved.
c. The Resolution Officer will act as an impartial fact finder in the matter.
The Alleged Non-Complying Party will have an opportunity to review the
complaint and to respond to it, in writing, forwarding the response to the
Resolution Officer.
d. Both parties will be interviewed by the Resolution Officer. Both parties
may provide witnesses names (with permission) and pertinent information
regarding the matter.
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General Provisions
The advisor may be someone who holds a J.D., so long as the person holding the J.D. is
not then engaged in the active practice of law and discloses and affirms these
circumstances to the Intake Officer prior to attending any meetings in this capacity with
the advisee party.
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Consulting Procedure
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B.
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C. Complaint Procedure
1. Filing a Complaint
Members of the University community who believe that they have
experienced conduct that may be a violation under this policy can make a
complaint with the appropriate Intake Officer at any time, or following the
consultation and/or mediation process. The complaint should be in writing,
but if the complainant is unable or unwilling to submit a complaint in
writing, then the Intake Officer shall prepare a report summarizing the
complainants allegations. The failure of the complainant to put the
complaint in writing does not relieve the University of its obligation to act in
accordance with legal/policy requirements in response to the information
provided by the complainant.
The Intake Officer shall promptly forward the written complaint or summary
report of the Intake Officer to an appropriate Investigator. A person is not
required to utilize the consultation or mediation procedure before filing a
formal complaint.
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(c.) The investigation shall address facts and issues relating to the complaint,
which may include, but are not limited to:
i. The type of conduct complained of
ii. The frequency of the conduct
iii. The date and location of the conduct
iv. The factual circumstances
v. The relationship between the parties
vi. The effect of the respondent's conduct on the complainant
vii. The awareness of the respondent of the complainant's concerns
viii. The awareness of the supervisor of the complainant's concern
ix. The identity of witnesses
x. The statement of witnesses
xi. Prior steps taken to resolve the issue
xii. Additional resources available to resolve the issue
(d.) During the investigation, every reasonable effort shall be made to
protect the privacy rights of all parties; however confidentiality cannot be
guaranteed.
5. Investigation Report
(a.) Upon completion of the investigation, the Investigator shall report in
writing to the following person:
i. For complaints asserted against faculty, the Provost and EEO/AA
Officer;
ii. For complaints asserted against staff, including administrators, the
Vice President for Human Resources and EEO/AA Officer;
iii. For complaints asserted against students, the Title IX
Coordinator;
iv. For complaints asserted against independent contractors,
volunteers, trustees and visitors, the Vice President for Human
Resources and EEO/AA Officer.
(b.) The report shall address the facts and issues that were investigated under
section (4)(c), above.
(c.) The report shall include an outcome (see 6(a) below)
(d.) The complainant and the respondent shall have the opportunity to view
a copy of a summary of the investigation, with information redacted in
compliance with FERPA and other legal considerations regarding privacy.
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This summary shall include the following: date of report, parties, witnesses,
dates of investigation, summary of allegations, policy involved,
determination of credibility, findings of fact, conclusions, and name of
investigator.
6. Outcomes and Recommendations
(a.) The outcomes of the investigation are:
i. a finding that it is more likely than not that the alleged violation
occurred;
ii. a finding that it is more likely than not that a violation did not
occur;
iii. a determination, one way or the other, could not be made.
If other conduct that might be a violation of other University policies is
discovered or identified during the course of the investigation, this conduct
must be reported to the appropriate University official and shall be subject
to a separate process.
7. Sanctions:
(a.) If the Investigator has concluded, based on findings of fact and a
determination of credibility, that a violation of policy has occurred,
sanctions may be imposed by the appropriate administrator as follows:
i. In the case of staff, including administrators, the Vice President for
Human Resources;
ii. In the case of faculty, the Provost;
iii. In the case of students, as dictated by the Community Standards
process;
iv. In the case of independent contractors, volunteers, trustees and
visitors, the Vice President for Human Resources and EEO/AA
Officer in consultation with appropriate university officials.
(b.) Sanctions include corrective and/or disciplinary action.
(c.) Corrective action may include:
i. an order to avoid future contact with the complainant
ii. a requirement for an apology
iii. a transfer (e.g., to another department, class, office, residence)
iv. participation in counseling and/or training
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ii. The appellant(s) shall bear the burden of establishing one or more
of these grounds for appeal. Appeals submitted for other reasons or
past the five (5) business days shall not be considered.
Appeals shall be considered by a panel of three (3) trained appeal
board members drawn from a pool of five (5). The five (5) appeal
board members shall be recommended by the Executive Committee
of University Council and appointed by the President for staggered
terms of three (3) years. The respondent and complainant shall be
informed of the three (3) panel members in advance of the appeal to
allow for objection to a member of the appeals panel in writing at
least 48 hours before the scheduled consideration of the appeal.
iii. Absent other considerations, the appeal panel shall make a
decision within five (5) business days after the appeal period
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In the case of faculty, if after the appeal under this policy is concluded, the sanction
remains termination, discharge or dismissal from the University, the party to be
terminated, discharged or dismissed shall have the right to follow procedures regarding
separation from the University as provided in the Faculty Handbook [Separation and
Appeals Procedures].
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The University official may meet with the parties separately, or meet
with them together, but in no event will either party be required to be
present for the meeting with the other party without the full and
informed consent of both parties to do so. In no event, will a party who
has asserted a claim of sexual violence, sexual assault and/or sexual
harassment be required to be present in such meeting with the person
accused of engaging the conduct at issue.
D. Examples of measures that interim relief may include:
i. Transfer
ii. Suspension (full or partial)
iii. An order to avoid or restrict contact
iv. Change in Housing
v. Administrative leave with or without pay
E. The University is also obliged to take effective corrective action
promptly, when it appears that a hostile environment has been created
by some form of discrimination or harassment. This corrective action
may include changes to University policies and/or services.
VII. Consensual Romantic and/or Sexual Relationships
Romantic/sexual relationships between employees (including faculty and
athletic staff) and students with whom they also have an academic,
supervisory or evaluative relationship, or between an employee and his or
her subordinate, are fraught with the potential for exploitation and may
compromise the Universitys ability to enforce its policy against sexual
harassment. Employees must be mindful that the authority that they exercise
in their interactions with students and subordinates may affect the decision
of a student or a subordinate to enter into or end a romantic or sexual
relationship. Even when both parties have initially consented, the
development of a sexual relationship renders both the employee and the
institution vulnerable to possible later allegations of sexual harassment, in
light of the significant power differential that exists between faculty members
and students, athletic staff members and student athletes, or supervisors and
subordinates. Such relationships can also become the basis for a complaint
of harassment or discrimination by a colleague who is adversely affected by
them.
As a result, the University prohibits all faculty and staff from engaging in or
pursuing romantic/sexual relationships with students whom they are
currently supervising, teaching, advising, or providing services to.
Moreover, anyone involved in such a relationship with someone other
than a student -- over whom he or she has supervisory power must recuse
himself or herself from decisions that affect the compensation, evaluation,
employment conditions, instruction and/or academic status of the
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Off-Campus Resources
Complaints of discrimination or harassment may also be filed in a timely
manner with the following government agencies:
Equal Employment Opportunity Commission
801 Market Street, Ste. 1300
Philadelphia, PA 19107-3127
800/669-4000
Office of Civil Rights
U.S. Department of Education
100 Penn Square East, Ste. 515
Philadelphia, PA 19107-3323
Pennsylvania Human Relations Commission
110 N. 8th Street, Ste. 501
Philadelphia, PA 19107
215/560-2496
Philadelphia Commission on Human Relations
601 Walnut Street, Ste. 300 South
Philadelphia, PA 19106
215/686-4670
Resources Cited in this Document
http://www.aaup.org/report/1940-statement-principles-academic-freedomand-tenure
http://www.aaup.org/AAUP/pubsres/policydocs/contents/stud-rights.htm
http://www.aaup.org/AAUP/pubsres/policydocs/contents/statementonprofess
ionalethics.htm
Effective: June 2013
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the factual basis of the incident or incidents related to Section Two. The
student may be assisted at this meeting by an advisor from the University
community.
5. The student has the right, upon request, to appeal to the President for a
review of the processes used and to the Vice President for Student Life for an
independent review/evaluation and recommendation by a mutually
acceptable physician, psychologist or psychiatrist. The student may initiate
an appeal, in writing, any time within seventy-two hours of the oral
notification of the decision. The Vice President for Student Life will decide if
the appeal will temporarily delay the implementation of the Required Leave
of Absence.
6. The student may request a voluntary leave of absence in place of a
required leave of absence within thirty days of the written notification of the
decision.
7. When a student is given a required health leave during the course of a
semester, any record of grades or registration for courses for that semester
will be expunged from the students record. Refund will be given for tuition,
room, board, and fees that may have been paid for the semester and any
financial aid monies awarded to the student will be returned to the
appropriate University or government source.
8. When a student on required leave is ready to return to Saint Josephs
University, he or she must arrange for the health professional who has
evaluated or treated him/her during the withdrawn period to forward a
written report to the University physician and/or Director of the Counseling
Center. The report should provide medical and behavioral evidence that the
student is ready to resume studies at the University and that his or her
presence does not pose a threat to the health or safety of self or others. The
student must also schedule an interview with the University physician
and/or Director of the Counseling Center. The written report by the students
health professional must be received at least one week prior to the
interviews. Subsequent to the evaluation, the University physician and/or
Director of the Counseling Center will provide the Associate Dean of the
appropriate College and the Vice President for Student Life a written
statement confirming that the student is ready to resume studies at the
University. The University physician or Director of the Counseling Center
may make recommendations to the Vice President for Student Life regarding
conditions of return. The student will receive written notification of
conditions. The students request to return will be in the form of a written
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statement to the Associate Dean of the appropriate College and the Vice
President for Student Life. A written evaluation with recommendations from
the University physician or Director of the Counseling Center will
accompany the students request. The student must submit his/her request to
return to the University no later than July 1 for the fall semester or
December 1 for the spring semester. The final decision regarding a students
request to return to the University is made by the Vice President for Student
Life.
9. A student may be given a health leave for one semester or for two
consecutive semesters. If he or she does not return to the University after
that time, the status will be changed to a withdrawal.
SEXUAL ACTIVITY POLICY
Passed by University Council, April 15, 1992
Saint Josephs University must insist that the environment in the residence
community be one that supports individual rights and fosters mutual respect.
Non-marital sexual intercourse, on campus at anytime, is behavior unacceptable
to the University. Students involved in activity of this nature will be subject to
disciplinary action and/or counseling.
SEXUAL VIOLENCE POLICY
A. Purpose
The purpose of this document is to:
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All acts of Sexual Violence may be reported to the Office of Public Safety &
Security. However, a report may instead be made to the Title IX Coordinator
(if the respondent is a student), the Vice President for Student Life (if the
respondent is a student), the Provost (if the respondent is a faculty member)
or the Vice President for Human Resources (if the respondent is an
employee who is not a faculty member, or is an independent contractor,
volunteer, trustee and visitor). Victims of Sexual Violence should report to
Public Safety if they are unsure of the status of the respondent.
Furthermore, there are services available for individuals (complainants,
respondents and/or witnesses) who wish to seek help confidentially.
Specifically, the only persons who do not make reports, to which names are
attached, are the Counselors in the Counseling and Psychological Services
Department (CAPS) and physicians (when functioning within the scope of
their licenses), and priests (when serving in their pastoral capacities).
While it is clearly best to report the alleged act of Sexual Violence
immediately, reports may be made at any time preferably prior to the last
date of enrollment or employment of the complainant or respondent.
The Title IX Coordinator will be given access to school law enforcement unit
investigation notes and findings as necessary for the Title IX audit/oversight
so long as it does not compromise the criminal investigation.
C. Sexual Violence
The Office for Civil Rights (OCR) states that Sexual Violence includes rape,
sexual assault, sexual battery, and sexual coercion (Ali, Dear Colleague
Letter, 2011, pp. 1-2).
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Investigation:
In line with the requirements of the Office of Civil Rights and at the request
of the Office of Student Life, when the respondent is a student, the Office of
Public Safety & Security will conduct a prompt, thorough, and impartial
investigation and prepare a factual report that will be conveyed to the
Community Standards Office.
Hearing Process:
When the respondent is a student, the alleged offense will be handled under
the Community Standards process as a potential violation, along with any
other alleged violations of the Community Standards in connection with the
incident. (This is in addition to any criminal procedures that the complainant
chooses to pursue.) In most cases, allegations of Sexual Violence shall be
heard by the Community Standards Board, consistent with the published
Community Standards process. http://www.sju.edu/communitystandards
The appeal process is included in the Community Standards process.
Any question of interpretation regarding the Community Standards shall be
referred to the Vice President for Student Life for final determination. The
University may exercise discretion by addressing other potential violations of the
Community Standards which may become apparent during the
investigation/hearing process in a way fair to both parties and based on the
specific circumstances. Any other potential violations will be addressed in
addition to the Sexual Violence allegation.
F. Procedures for Employee Allegations of Conduct Involving University
Employees, Independent Contractors, Volunteers, Trustees or Visitors
When the respondent is a non-student, the alleged offense will be handled
under the Complaint Procedure of the Policy Prohibiting Discrimination,
Harassment and Retaliation. Mediation is not employed for allegations of
Sexual Violence.
G. Non-Retaliation Statement
The University prohibits retaliation against any individual who makes a
complaint of Sexual Violence or participates in the investigation of such a
complaint.
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Anyone who believes s/he has been retaliated against for invoking this
Policy, opposing violations of this policy, or participating in an investigation
should report the matter promptly to the Office of Public Safety & Security.
Again, however, a report may instead be made to the Title IX Coordinator (if
the respondent is a student), the Vice President for Student Life (if the
respondent is a student), the Provost (if the respondent is a faculty member)
or the Vice President for Human Resources (if the respondent is an
employee who is not a faculty member, or is an independent contractor,
volunteer, trustee and visitor).
Complaints of retaliation will be investigated and dealt with as any other
complaint brought under this Policy.
Complaints made in good faith under this policy will not result in any
adverse action against the complainant, and no other person who
participates in good faith in an investigation will be treated adversely
because of that participation. However, if an investigation results in a
finding that the complainant knowingly accused another falsely of an act of
Sexual Violence, then the complainant will be subject to appropriate
sanctions, up to and including termination of employment or, in the case of
students, permanent separation from the University.
H. Education
Sexual Violence education and prevention resources are available on the
University web site at
http://www.sju.edu/int/academics/cas/sociology/rapeeducation/.
The Office of Public Safety & Security annually publishes campus security
reports that include statistics on campus crimes and arrests for certain
specified categories of offenses. The report also describes policies related to
campus security. The reports are distributed electronically to all current
students and employees and, upon request, to applicants for enrollment or
employment, and they are available on the Universitys web site at
http://www.sju.edu/int/resources/security/annualreport.html. The student
newspaper regularly publishes incidents of crime on and around campus.
These periodic reports are supplied by the Office of Public Safety & Security
on a weekly basis during the fall and spring semesters.
In addition, the Office of Public Safety & Security conducts an annual
security presentation to incoming first-year students and transfer students at
Orientation. This presentation includes information about how to develop
personal protection plans, including protection against rape.
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LIABILITY DISCLAIMER
Saint Josephs University assumes no responsibility for
the loss, destruction or theft of students personal
possessions. Students are encouraged to inventory
their personal possessions periodically, affix their
names on all personal possessions, and/or record and
maintain in a safe place, the serial numbers of
personal possessions. Moreover, students are
encouraged to obtain personal property insurance for
their personal possessions, in that the Universitys
insurance program covers only University property
and does not extend to the personal property of
students. Students participating in University athletic
or other activities do so at their own risk. The
University provides reasonable supervision for these
activities, but assumes no responsibility for accident,
loss, injury, or death resulting from such activity.
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Graduate Business
o http://www.sju.edu/majors-programs/graduate-business
o Mandeville Hall
o [email protected] (for all Graduate Business inquiries)
Department websites are the best place for students to find up-to-date
information on course schedules and University information. You are strongly
encouraged to visit your program website often. Be sure to also visit MySJU for
all necessary information.
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2014-2015
EXHIBIT B
2014/2015
student-Athlete Handbook
Table of contents
Athletic Department Mission Statement ...... . . .. . .. . .... . 3
University.
Hazing ................................... .. . . .. .. . . .. . 10
Prohibiting Discrimination,Harrassment, ..... . . ... . . .... . 10
sexual Violence Policy ................... . .... . ... . . ... . 11
Alcohol Policy ... .... ...................... ............ 13
Drug Testing Program-NCAA and SJU ........ ...... . ...... 14
EXHIBIT B
Proscribed conduct
Behavior violating standards as set forth in the Student
Handbook, The University catalog, appropriate organizational
constitutions and by-laws, room/board contracts and
other University bulletins or failure to meet the University's
expectations, violates the University's Student Code and
is subject to disciplinary action by the University. Acts of
dishonesty as defined by the University's Academic Honor
Policy are addressed by that Policy and not through the
University' student Discipline Process.
EXHIBIT B
Academic Integrity
compliance
student-Athlete Experience
communication/Liaison
Compliance committee:
The University Faculty Athletic Representative will serve as
Chair and representatives from the following campus offices
will serve as members of the Compliance Committee:
Admissions
Financial Aid
Registrar
Dean of the Haub School of Business
Dean of Arts and Sciences
Treasurer's Office
EXHIBIT B
If you are not satisfied with the progress speak to the head coach.
o
After these steps are taken and you are still experiencing difficulties
request a meeting with the Director of Athletics. It is important to
document the problem and the response you receive from each
individual with whom you speak.
EXHIBIT B
If at any time you feel you are a victim of hazing or in any way feel
harassed you are strongly encouraged to speak to a University or Athletic
Department Administrator.
<Please review Grievance Procedure in the
additional procedures!.
10
Definition of Harassment:
Harassment is unwelcome severe, pervasive or persistent verbal or physical
conduct, directed at an individual based upon race, age of 40 or over, color,
religion, national origin, ethnic origin, seX/gender, sexual orientation,
disability, marital status, military leave, veteran status and any other status
protected by law, which unreasonably disrupts or interferes with another's
B. Policy
The University does not tolerate Sexual Violence on its campus, at
University-sponsored events, or off-campus, by any member of the Saint
Joseph's community <faculty, students, administrators, staff including
union members, and volunteers!. conduct that is determined to constitute
Sexual Violence is not only a violation of the Policy and reprehensible in
any context. but it is also a matter of particular concern in an academic
community in which students, faculty, staff, volunteers and visitors are
connected by strong bonds of dependence and trust. As such, all members
of the community are expected to report acts of sexual Violence.
In addition to University action, a member ofthe Saint Joseph's community
EXHIBIT B
11
who has violated this Policy lthe respondent> may be prosecuted under
applicable criminal statutes of the location where the alleged offense
occurred. S/he will be subJect to internal University investigative and/
or disciplinary proceedings regardless and independent of any criminal
process.
An individual who believes that s/he has been subjected to sexual Violence
lcomplalnantl is urged to report such conduct Immediately to the Office of
Public Safety & security 1610-660-1111) and/or the local police <911>.
The complainant should be medically examined as soon as possible. Once
the complainant contacts the Office of Public Safety & security, slhe will
receive support and information regarding options for moving forward.
Evidence, including clothing, drinks, glasses, bed linens, etc., should be
preserved. In order to preserve evidence, the complainant should not
shower or bathe. Additional information on support is set forth later in
this Polley under section H. These support services are also available for
individuals who are unsure whether they have experienced conduct that
might be a violation of this Policy.
Any member of the University community (complainant> may file a complaint
against another member of the University community I respondent>.
All acts of Sexual Violence may be reported to the Office of Public Safety &
security, However, a report may Instead be made to t he Title IX coordinator
Iff the respondent Is a studentJ, the Vice President for student Life lif
the respondent Is a student!, the Provost Clf the respondent Is a faculty
memberl or the Vice President for Human Resources Clf the respondent Is
an employee who is not a faculty member, or Is an independent contractor,
volunteer, trustee and visitor>. Victims of sexual Violence should report to
public safety If they are unsure of the status of the respondent.
Furthermore, there are services available for individuals (complainants,
respondents and/or witnesses> who wish to seek help confidentially.
Specifically, the only persons who do not make reports, to which names are
attached, are the Counselors in the counseling and Psychological Services
Department ICAPSl and physicians lwhen functioning within the scope of
their licenses>. and priests lwhen serving in their pastoral capacities>.
While it Is clearly best to report the alleged act of sexual Violence
immediately, reports may be made at any time preferably prior to the last
date of enrollment or employment of the complainant or respondent
The Title IX Coordinator will be given access to school law enforcement
unit investigation notes and findings as necessary for the Title IX audit/
oversight so long as It does not compromise the criminal investigation.
12
c. sexual Violence
The Office for Civil Rights IOCR> states that Sexual Violence includes rape,
sexual assault, sexual battery, and sexual coercion !Ali, Dear Colleague
Letter, 2011. pp. 1-2>.
Sexual intercourse without consent is rape.
sexual contact without consent is sexual assault.
The touching of a person in an intimate part of the body without consent
Is sexual battery.
Subjecting a person to sexual contact as a result of the use of physical or
psychological pressure or threats, or the consumption of alcohol or drugs
without consent is sexual coercion.
The key Is effective consent. Specifically, consent is informed, freely ana
actively given, and requires clear communication between all persons
involved In the sexual encounter. consent is active, not passive. Consent
can be communicated verbally or by actions. Consent cannot be procured
by use of physical force, compelling threats, or intimidating behavior.
In whatever way consent is communicated, it must be mutually
understandable. Silence, in and of itself, cannot be interpreted as consent.
It is the responsibility of the Initiator of sexual contact to make sure that sl
he understands fully what the person with whom s/he is involved wants
and _does not want sexually. Consent to one form of sexual activity does
not Imply consent to other forms of sexual activity. Previous relationships
or consent does not Imply consent to future sexual acts.
Effective consent cannot be given by minors, mentally disabled individuals
or person's Incapacitated as a result of drugs or alcohol, including so called
"date rape" drugs. Incapacitation is a state where one cannot make a
rational, reasonable decision because s/he lacks the ability to understand
the "who, what, when, where, why and how" of their sexual interaction.
Certain conduct that may violate this Polley may also be considered a
crime under Pennsylvania law !See, http://www.pameganslaw.state.pa.us/
Crimecode.aspx?dtl.
EXHIBIT B
13
14
EXHIBIT B
15
General
Policies regarding the academic performance of student-athletes shall be
guided by the philosophical position that SJU athletes are student first
and foremost and their major purpose at the University is the completion
of the baccalaureate degree. While conflicts between class attendance
are inevitable due to the nature of athletics programs and the amount
of travel required to complete a nationally competitive schedule of
athletic competition, the Department shall make every effort to insure
that athletic participation does not negatively affect student-athletes'
academic performance.
Academic Advising Information
The Office of Educational Support Services provides academic advising,
tutoring and academic counseling to all student-athletes. Studentathletes are strongly encouraged to utilize the services offered by the
Office of Educational support services.
Re-entry Testing
A student-athlete who has had his or her eligibility to participate in
intercollegiate sports suspended as a result of a drug and alcohol violation,
may be required to undergo re-entry drug and/or alcohol testing prior
to regaining eligibility. The Director of Sports Medicine or Head Athletic
Trainer shall arrange for re-entry testing involved in the student-athlete's
case indicates that reentry into the intercollegiate sports program is
appropriate.
Follow-up Testing
A student-athlete who has returned to participation in intercollegiate
sports following a positive drug test under this policy may be subject
to follow-up testing. Testing will be unannounced and will be required
at a frequency determined by the Athletic Director or his/her designee
in consultation with the counselor or specialist involved in the student
athlete's case.
social Networks
Remember that you are a representative of Saint Joseph's University and
are responsible for your conduct on and off campus, which includes the
use of social networks such as FacebooK, lWitter, Pinterest and lnstagram.
Be mindful of the content, messages and photos you place on these sites
as they could be detrimental to your reputation and that of your team.
16
EXHIBIT B
17
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Tutors are familiar with the terms of NCAA Bylaws 16.3.2 and 16.3.3. A
tutor may not type papers. write papers. complete projects. or arrange
for a student-athlete to receive special academic treatment as a result of
the student's status as an athlete. Additional tutoring services, including
peer tutoring and supplemental instruction, are available in the Learning
Resource center.
second Miss:
The following will be contacted by email: Student-athlete, coach, The
Director of Athletics and the Director of ESSSA <e-mail generated by the
Learning Specialist>
Third Miss:
A meeting will be held with the following in attendance: student-athlete,
coach, Learning Specialist and The Director of ESSSA. <meeting arranged
by the Director of ESSSAI
Fourth Miss:
Student will be removed from tutor or Learning Specialist schedule until
the following semester.
Progress Reports: Monitoring the academic progress of all studentathletes Is part of the responsibility of the Office of Educational support
services for Student-athletes. To be most effective In this task, progress
reports are sent to each student-athletes professors twice a semester.
The progress reports provide a brief pointed report of each studentathlete's attendance, attitude, participation and academic progress In the
classroom.
Books: Student Athletes, whose athletic scholarship covers the cost of
course related books, are to obtain their booKs at the University Bookstore
and University Press. Proper SJU ID will be checked at checkout.
At the conctusron of the semester. or when a student athlete withdraws
from a course prior to semester's end. must return the books to the
Assistant Director of Compliance Services. Student-athletes must be
aware that they may not set! books back to the bookstore.
Procedure for Obtaining Books
<for student-athletes who receive books as part of their scholarshiP I:
TUtor-Scheduling
Student athletes are to contact a staff member in Educational
Support services for Student Athletes to secure the services of a
tutor.
Students-athletes are to meet with a member of ESSSA to determine
the tutoring services needed.
The Learning Specialist contacts tutors and sets up the dates and
times for student athletes is to meet with a tutor.
Tutoring sessions are held in the Office of ESSSA, located in Science
Center, 113. The exception is during weekends, when the library
should be used. If you are going to meet outside the Office of
ESSSA, you must confirm that with a staff member in ESSSA.
During the initial meeting the student athlete and tutor share
contact information in the event a tutor appointment needs to be
changed.
If an appointment needs to be changed it is the responsibility of the
student athlete to contact the tutor. The tutor must be contact two
hours before the scheduled session. If the tutor is not contacted
the session will count as a 'missed appointment" and the tutor is
paid for the session.
18
Missed Appointments:
First Miss:
The following will be contacted by email: Student-Athlete, Coach and the
Director of ESSSA <e-mail generated by the Learning specialist>.
.9
EXHIBIT B
19
20
in our day colleges, the maximum number Of courses allowed for any
one summer will normally be two. For exceptional reasons, the Dean
may grant permission for a third course. Registration and payment for
summer courses are governed by the regulations and procedures of the
summer sessions.
Degree credit is granted for courses taken in summer sessions only
when the student has secured In advance written permission from the
appropriate Dean. summer school courses that are a part of the GER or
major course requirements must be taken at Saint Joseph's university
unless the course is not being offered that summer and Is necessary for a
student to maintain normal academic progress or the proper sequence of
courses In his or her major field of study. such courses. as well as elective
courses. must be taken at a four-year college.
Permission from the appropriate Dean to register for summer courses at
Saint Joseph's or at other Institutions is ordinarily sought during the pre registration period of the spring semester.
summer sessions: Registration fOr summer courses will begin in the
month of April and end on the flrst day of each summer session. studentathletes Interested In taking a summer class need to meet with the
Office of Educational support services for student-athletes to discuss
their class selections, class options and the financial requirements for
taking the summer course.
Awarding ot Financial Aid for student Athlgtes enrolled In a summer session
Per NCAA rules a student athlete may receive athletic aid for a summer
session. The amount of athletic aid a student athlete may receive Is to be
In prop ortion to the amount of aid received during the academic year. A
student athl ete who has been approved to attend a summer session and
meets one of the requirements of the approved uses of summer session
courses for matriculated students as outlined above. may receive
athletic ald. The student athlete must receive a financial aid form from
the Office of Educational support services for student Athletes.
Please note:
Student athletes who fail to complete the PLS summer registration
form provided by the Office of Educational support Services for
Student Athletes will not receive athletic aid.
student athletes who fail a course in the previous academic year
due to absence, i.e. FA, will not be eligible for financial aid for
summer courses.
Student Athletes approved for an online course may receive athletic aid if
the following conditions are met:
The student athlete has a cumulative grade point average of 3.0 or
greater.
The online course is only offered during the summer session.
The online course is the only course offered that will allow the
student athlete to meet percentage of degree requirements for the
ensuing fall term.
The student athlete is required to remain on campus to complete
the online course.
student Athletes enrolled in a for-credit course that requires an
internship may receive athletic aid for the course if approved by the
appropriate dean and the Office of Educational Support services for
Student Athletes. The Internship must be part of the major or minor
degree program to which the student athlete is seeking. Paperwork
for the internship must be processed prior to the start of the summer
sessions to which the student athlete will complete the internship.
EXHIBIT B
21
Awarding of Room and Board costs fOr a Student Ath lete enrolled In a
summer session
student Athletes on athletic aid that covers the cost of room and board
may receive a room and board allowance for the summer session if the
student athlete is enrolled in a summer session and meets one of the
requirements of the "approved uses of summer session courses for
matriculated students" as outlined above.
student athletes who have been approved by the dean and by the Office
of Educational support Services for student Athletes to take an online
course or a for-credit course that requires an internship may receive
athletic aid to cover the costs of room and board if the student athlete
must remain on campus to complete the online course or internship.
1. Initial Ellqlbilitv
al NCAA standards
First year student-athletes must satisfy the NCAA Initial eligibility standards which
include:
Proof of graduation from high school.
successful completion of a core curriculum of at least 16 academic courses.
A grade point average and standardized test score within the NCAA Initial
Eligibility Index.
bl SJU Polley for Initial Eligibility:
Incoming freshman student-athletes are mandated by the NCAA to be certified by
the NCAA Eligibility center and be enrolled as full time students 112 credit hours or
morel to be eligible for competition, practice and athletically related financial aid.
cl
2. continuing Eligibility
NCAA Basic and Progress Toward Degree requirements applicable to all studentathletes include the following:
al Basic Requirements for competition
Basic requirements for practice/competition
Progress Toward Degree requirements
Academic year requirements
Progress-Toward-Graduation benchmarks
Degree credit- Designation of Program of studies
22
EXHIBIT B
23
24
3. Transfer Eligibility
General
To be eligible for competition, a transfer student-athlete must meet
the following credit-hour requirements based on attendance at the
previous institution for the specific time and may use any hours of
academic credit earned at any institution.
one semester- six hours Of academic credit.
one academic year- 24 hours of academic credit.
Three semesters - 30 hours of academic credit.
Four semesters- and thereafter: six semester of academic
credit during the previous academic term and 110% of Degree
requirements.
International transfers do not need to meet six-hour requirement.
Other progress-toward-degree and transfer legislation applies.
Four-Year College Transfer
Men and women's Basketball and Baseball
A student who transfers to a member institution from any
collegiate institution is required to complete one fUll academic
year Of residence at the certifying institution before being eligible
to compete for or to receive travel expenses from the member
institution.
All other Sports
one-time transfer rule -The student transfers to the certifying
institution from another four-year collegiate institution, and all of
the following conditions are met
The student is a participant in a sport other than baseball and
basketball
The student has not transferred previously from one four-year
institution unless, in the previous transfer, the student-athlete
received an exemption.
The student is in good academic standing and meets the
progress toward degree requirements.
If the student is transferring from an NCAA or NAJA member
Institution, the student's previous institution shall certify in
writing that it has no objection to the student's being granted
an exception to the transfer-residence requirement.
If the transfer student-athlete meets the above criteria he/she is immediately
eligible for competition.
1Wo-Year College Transfer A student who transfers to a member institution from a two-year
college or from a branch school that conducts an intercollegiate
athletics program must complete an academic year of residence
unless the student meets the following
Qualifier:
Has spent at least one fUll-time semester or one full-time quarter in
residence at the two-year college !excluding summer sessions>;
Has presented a minimum grade-point average of 2.500 and
Has satisfactorily completed an average Of at least 12-semester or
quarter hours Of transferable-degree credit acceptable toward any
baccalaureate degree program at the certifying institution for each
full-time academic term of attendance at the two-year college.
Non-Qualifier
Has graduated from the two-year college;
Has completed satisfactorily a minimum of liS-semester or
72-quarter hours Of transferable-degree credit acceptable toward
any baccalaureate degree program at the certifying institution,
including six semester or eight quarter hours of transferable
English credit and three semester or four quarter hours Of
transferable math credit;
Has attended a two-year college as a full-time student for at least
three semesters or four quarters !excluding summer termsl; and
Has achieved a cumulative grade-point average of 2.500
If the transfer student-athlete meets the above criteria, then he/she is
immediately eligible for competition.
EXHIBIT B
1.1nitial Eligibility
a. General
The CEC will review the fOllowing reports at its August Meeting:
The NCAA EC report. by sport, indicating student eligibility
The Office of Educational support services fOr student-athletes
report. by sport, showing the number of credit hours each
incoming student-athlete is enrolled fOr the upcoming semester.
Incoming student-athletes will be certified fOr competition by the FAR
ifthey are:
listed on the Eligibility center as "Final = and
listed as enrolled full time 112 credit hours or morel
v:
26
3. Transfer Eligibility
The transfer student-athlete is bound to continuing eligibility
certification. as outlined in section 507.1 121 Continuing Eligibility, once
he/she has been enrolled full-time at the certifying institution.
al SJU Procedure for Determining Academic eligibility of a transfer
student-athlete:
The Director of compliance shall contact the institution from which
the student-athlete is transferring to determine the student-athlete's
eligibility to compete athletically. A transfer student-athlete is bound to
the NCAA transfer rules that apply to the type of institution from which
the student-athlete is transferring li.e.. 2 year or 4 year institution!.
The Associate Director of Admissions shall complete a transfer credit
evaluation ofthe unofficial transcript, !business courses must be
approved by the Dean of the Business Schoon to determine if the
transfer student-athlete is admissible.
If the Admission Office determines that the transfer student-athlete is
admissible, then the Admissions counselor shall complete a transfer
evaluation fOrm based on the final official transcript when it is
received. The transfer evaluation form lists the number of transferable
courses and credit hours. The Admissions Office shall give the transfer
evaluation form to the Director of compliance who shall incorporate the
form into the information that is provided to the continuing Eligibility
committee at its meeting prior to the start of the academic term.
The student-athlete is bound to continuing eligibility certification. as
outlined in section 507.1 121 continuing Eligibility, once the transfer
student-athlete has been enrolled full-time at the certifying institution.
International Prospective Student-Athletes are held to NCAA Initial,
continuing or Transfer Student-Athlete guidelines as outlined in section
507.
EXHIBIT B
27
Financial Aid
SJU Policy on Financial Aid: student athletes are permitted to receive
financial aid <athletic or institutional> that covers the cost of attendance
<tuition, fees, room , board , books, and required course related materials).
SJU Procedure for Renewal, Non-renewal, or Reduction of Financial Aid
The Assistant Director Of Compliance will provide each Head coach with a
list Of student-athletes who received aid in the previous academic year.
The Head coach is to notify the Assistant Director of compliance of the
student-athletes who will continue to receive aid and the amount the
student-athlete will be awarded for the subsequent academic year.
If a Head coach decides to reduce or not renew aid of a student-athlete for
the subsequent academic year, the coach is to note why the aid will not be
renewed or why the aid will be cancelled.
tn the event a student-athlete 's aid will not be renewed for the second
semester, the Head Coach is to notify the Assistant Director of compliance.
The Assistant Director of compliance will notify the Director of Athletics and
the Director of compliance.
The Assistant Director of Compliance will prepare the Athletic Award Letter,
<or non-renewal/ cancellation letter! complying with the following NCAA
rules:
28
Appeal Process
The student-athlete must state in writing their request for a hearing.
The request is to be sent to the Director of Financial Aid.
The financial aid office will then arrange a hearing with the Scholarship
committee and the student-athlete. The hearing will take place at a
time and place determined by the Scholarship committee but within a
reasonable time frame.
The student should submit these materials to the financial aid office as
soon as possible <within 15 days after the student receives notification
that the grant is being canceled). The student may request an in-person
hearing before the Scholarship committee. The Scholarship Committee
reviews the appeal , and their decision is final. There is no appeal beyond
the Scholarship committee hearing. The student receives a written
response as soon as possible.
Upon receipt of the student's request for an appeal hearing, the Director
of Financial Aid will notify the Department of Athletics. The Department
of Athletics will provide a written account of the circumstances that
resulted in the student's athletic grant being cancelled, any supporting
documentation, including all relevant NCAA and Atlantic 10 conference
rules/regulations, and the names of any witnesses that the Department
wishes to have testify on its behalf <it should be noted that the witnesses
would be limited to those individuals who have a direct knowledge of the
circumstances surrounding the cancellation of the student's athletic aid>
The Department of Athletics must provide this statement to the Financial
Aid Office five <S> working days prior to the hearing.
The Director of Financial Aid will request of the student a description of the
circumstances which led to the cancellation of the athletic grant, reason
why the student believes the decision of the Department of Athletics
to cancel was unjust, any supporting documentation, and the names of
witnesses that the student wishes to have testify on his/her behalf. Ut
should be noted that witnesses would be limited to those individuals who
have direct l<nowledge ofthe circumstances surrounding the cancellation
of the student's athletic aid>. This information is to be submitted to the
Director of Financial Aid five <5> days prior to the hearing.
The Director of Financial Aid will contact members of the Scholarship
Committee to advise that the NCAA appeal hearing is necessary. The
committee shall be comprised of the current Scholarship committee, as
well as the Faculty Athletic Representative.
The Director of Financial Aid will advise the student and the Department
of Athletics of the date, time, and location of the appeal hearing, within
thirty <30l calendar days of the receipt of the request for an appeal; such
notification will be provided to the student and the Department of Athletics
no later than five (5) working days prior to the scheduled hearing date.
Student-athlete Opportunity:
Background: The student-athlete Opportunity Fund <SAOF) is intended to
provide direct benefits to student-athletes or their families as determined
by conference offices. As a guiding principle, the fund shall be used to
assist student-athletes in meeting financial needs that arise in conjunction
with participation in intercollegiate athletics, enrollment in an academic
curriculum or that recognize academic achievement. Accordingly, receipt
of the student-athlete Opportunity Fund monies shall not be included
in determining the permissible amount of financial aid that a member
institution may award to a student-athlete. Further, inasmuch as the fund
is designed to provide direct benefits to student-athletes, the fund is not
intended to be used to replace existing budget items.
29
EXHIBIT B
EMPLOYMENT
Employment During the Academic Year:
Student-athletes are permitted to earn legitimate on and off campus
employment income during semester or term time.
Please note:
The student-athlete may not receive anv remuneration for the value or
utllity that the student-athlete may have for tne employer because of the
publicity, reputation. fame, or personal following he or she has obtained
because of athletic ability.
The student-athlete is to be compensated only for work actually
performed. and
The student-athlete is to be compensated at a rate commensurate with
the going rate in that locality fOr similar services.
30
31
EXHIBIT B
Exit Interviews:
As per NCAA Rules, the institution's director of athletics,
senior woman administrator or designated representatives
cexcluding coaching staff members! shall conduct exit
interviews in each sport with a sample of student-athletes cas
determined by the institution! whose eligibility has expired.
Interviews shall include questions regarding the value of the
students' athletics experiences, the extent of the athletic time
demands encountered by the student-athletes, proposed
changes in intercollegiate athletics and concerns related to
the administration of the student-athletes specific sports.
Saint Joseph's University Policy: Exit Interviews:
The Faculty Athletic Representative CFARJ writes the instrument
used for the Exit Interview.
CThe questionnaire is designed to generate responses on the
experiences encountered as a SJU student-athlete and as a
team member. This will include their athletic and academic
experiences, their player-coach relationship, their input on
how the experience could be improved, and their input into
how they could be better supported by the Department.!
Procedure:
The Director of compliance conducts a meeting with all
student-athletes, whose eligibility will be exhausted, to inform
the student-athletes of the purpose of the exit interview and
to ask the student-athletes to complete the questionnaire.
CThe meeting is conducted approximately one month prior to
the end of the fall and the spring seasons!.
The exit interview is an online instrument and is sent to the
student-athletes via e-mail.
All completed Exit Interviews are submitted to the FAR, who
then analyzes the information and writes the Exit Interview
report. The report is circulated to the President, the Senior
Vice President, Vice-President for Student Life, the VicePresident for Athletics/Athletic Director and the Board on
Athletic Policy.
32
33
EXHIBIT B
Permissible
o Identified medical expense benefits Incidental to a student's participation In
Intercollegiate athletics Including but not limited to:
o Athletics medical Insurance
o Glasses, contact lenses or protective eyewear fOr student-athletes who
require visual correction In order to participate
o Counseling expenses related to the treatment of eating disorders
o Medical examinations
Benefits Gifts and Services
Permissible
o Promotional activity, prize. A student-athlete selected through a random
drawing open to the general public or the student body, may receive a prize
as part of a promotional activity.
o Occasional meals. A student-athlete or an entire team may receive an
occasional family home meal from an institutional staff member.
o Local transportation. Staff members may provide reasonable local
transportation to student-athletes on an occasional basis.
Non-permissible
Student-athletes are not permitted the use of the following:
o University or staff member automobile
o University Telephone without charge or at a reduced cost.
o
The permissible and non- permissible awards and benefits list provided is
only a summary. Please consult with the Director of Compliance if further
details are needed.
34
A maximum of $40 per day to cover all acrual costs of entertaining the
prospect, excluding the cost of meals and admission to campus athletics
events. It Is permissible to provide the student host with an additional $20
per day For each additional prospect the host entertains. St\Jdentattlletes
who serve as hosts musr provide receipts tor the $40 per diem and/or
return un-used funds.
A complimentary meal, provided the student host is accompanying the
prospect during the prospect's official visit.
credit card
Please note the following rules as they apply to the studentathlete's role in the recruitment of a Prospective studentAthlete.
35
EXHIBIT B
Practice seasons
Practice Log - During the playing season
Per NCAA Bylaw 17.1.6 there is a time limit on countable
Athletically Related Activities !CARAl that may be conducted
duri~g the playing Season. The playing season is the period
of t1me between the date of an institution's first officially
recognized practice session and the date of the last practice
session or date of competition, whichever occurs later.
The total hours in a seven day cycle must not exceed twenty
!201 hours. One off day per week cycle is required and no more
than four !41 hours of CARA are permitted in a day. A date of
competition is three !31 hours.
Practice Log - Out of playing season
during the academic year
A student-athlete's participation Is allowable only in the
countable athletically related activities <at the direction of a
coaching staff member> tor a total of eight hours in a week:
reQuired weight training ana conditioning activities held at the
direction of or supervised by an Institutional staff member.
A student-athlete's participation In CARA is prohibited two Clays per
week; however a coaching staff member is permitted to reQuire a
student-athlete to participate in Individual skill instruction while
limiting such Instruction to two hours within the limit of eight
hours of athletically related activities per week. No more than four
student-athletes may participate In skill instruction with a coaching
staff member.
36
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EXHIBIT B
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PLEASE NOTE:
Student-athletes are not permitted to participate on outside
teams during the academic year, except during any official
vacation period published in the institution's catalog.
The participation on outside teams includes competition in
tournaments, exhibition games, or other activities.
If a student-athlete has a question regarding "outside
competition , contact the Director of compliance.
1
1
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39
EXHIBIT B
Draft -In soorts other than basketball, an enrolled studentathlete may enter a professional league's draft one time
during his or her collegiate career without jeopardizing
eligibility In that sport, provided the student-athlete is not
drafted and within 72 hours following the draft he or she
declares his or her intention to resume participation in
intercollegiate athletics.
In Basketball, during the summer of during the academic year
while not a full-time student, a student-athlete may accept
actual and necessary travel, and room and board expenses
from a professional sports organization to attend that
organization's pre draft basketball camp.
In Any sport, you may not:
Agree to have your picture or name used to promote a
commercial product.
Accept such things as gifts, meals, loans Of cars or money
from athletic interest groups or people within the athletic
program at the University.
Be represented by an agent or organization to market your
athletic skill or reputation.
Receive any benefit that is not available to other students
at the University.
Participate in a summer league not approved by the
NCAA. IYou must have written permission from an
Athletic Department Administrator for summer league
participation.>
If you are in doubt about an activity, ask.
40
41
EXHIBIT B
Phone numbers:
Dr. Lori Rafferty, ATC
Bill Lukasiewicz, ATC
Ryan Obsniuk
Sal Capone
2.
3.
X1699
X3234
X3238
X1701
2.
3.
4.
s.
6.
7.
Athletic Training:
Decisions regarding athletic injuries and health of athletes
are made by a physician or in the absence thereof, a
member of the athletic training staff, who determines
when the athlete may return to activity and prescribe the
rever of activity arrowed.
The athletic training room is for the varsity athletes of SJU. The
hours are Monday- Friday 10 AM to 6 PM. Weekend hours may
varv. <Last treatment commences at 5 PMl.
42
43
EXHIBIT B
Room Procedure
n-avel and Meals: As a general policy, the University will provide for each
meal that the university cannot or does not provide for the studentathlete during travel time or practice times when university meals are not
provided. Provision for meals is left to the coaches' discretion. Athletes are
required to sign a form distributed by the coaches each time they receive
meal money.
Most teams at Saint Joseph's travel by charter bus when possible lor by
university bus or vans for local contests or practices>. While traveling,
student-athletes are reminded that they are representatives of Saint
Joseph's University and are expected to behave accordingly.
Planning I Supervising of Team n-avel: Travel plans for each sport team are
planned in advance of a sport season ana always made with the health ana
safety of the student-athletes as the main priority. Other considerations
include distance, costs, supervision ana SJU and NCAA guidelines.
The Associate Athletic Director/Business Manager and the Associate
Athletic DirectorNarsity Programs review each sport schedule to outline
tentative travel plans for each sport. The head coach reviews the tentative
travel plan with the Associate Athletic Director/Business Manager and
the Associate Athletic DirectorNarsity Programs. Agreed upon mode of
travel, hotel ana date of departure and return are put into writing ana
forwarded to the SJU Travel Manager. The travel manager coordinates
plans and issues requests with transportation companies and hotels.
Once these plans are confirmed a team travel itinerary is forwarded to
the Associate Athletic Director/Business Manager, the Associate Athletic
Director/ varsity Programs and the Head coach.
Travel plans, although confirmed, are subject to review and change
throughout the season.
Vans are used to transport student-athletes locally for practice or
competition. vans are driven by certified van drivers. (Certified van
drivers attend a mandatory van Training session and are approved by SJU
security after a driver's license check is performed.> Vans are inspected
ana maintained by SJU following the Vehicle Management Guide. A bus is
available for local travel of sport teams. A professional driver operates
the bus. In addition SJU contracts with a Bus Company for other travel.
Throughout the year several trips are made by airplane.
44
.l
.,.
-.......
EXHIBIT B
45
Student-Athlete's Responsibilities:
1.
2.
3.
occasionally in other sports, gamblers will contact studentathletes, coaches and staff attempting to gain information
that might be useful in gambling activities. Student-athletes,
coache~ and staff shOuld only speak with non-university
personnel in interviews that are prearranged by the Athletic
Communications Office. These Interviews mav take place in
person or by telephone. The Athletic communications staff
member will arrange the interview at a convenient time for
the student-athlete coach and media member.
46
...
..
....
..
EXHIBIT B
47
Men's
Women's
Basketball
Phil Martelli, x1706
[email protected]
Basketball
Cindy Griffin, x171 0
[email protected]
Baseball
Fritz Hamburg, x1718
[email protected]
Rowing
Mike Irwin, x1730
[email protected]
Cross Country/Track
Mike Glavin, x3249
[email protected]
Golf
Bob Lynch, x1759
Softball
Terri Adams, x1734
[email protected]
Rowing
Gerry Quinlan, x1730
[email protected]
Cross Country/Track
Kevin Quinn, x1731
[email protected]
Field Hockey
Michelle Finegan, x1764
[email protected]
Lacrosse
Lacrosse
Taylor Wray, x1733
[email protected]
Soccer
Don D'Ambra, x1763
ddambra@sju .edu
Tennis
lan Crookenden, x3368
[email protected]
....
....
...
....
....
._.
......
---
Soccer
Jessica Manella, x3367
[email protected]
Tennis
lan Crookenden, x3368
[email protected]
48
49
EXHIBIT B
Information
610-660-3070,
50
51
EXHIBIT B
/~-{;_/,
S/d3
CIVILCOVERSHEET
Case 2:15-cv-03123-NIQA
Document 1-3 Filed 06/04/15 Page 1 of 3
herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
he Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
TIONS ON NEXT PAGE OF THIS FORM.)
I. {a) PLAINTIFFS
DEFENDANTS
III. CITIZENSHIP OF PRINCIPAL p ARTIES (Place an "X" in One Box for PlaintifJ
U.S. Government
Plaintiff
0 2
U.S. Government
Defendant
deral Question
(US. Government Not a Party)
Diversity
(Indicate Citizenship ofParties in Item Ill)
0
0
0
0
0
0
0
0
0
0
110 Insurance
120Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
I 90 Other Contract
195 Contract Product Liability
196 Franchise
0
0
0
0
0
0
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
PERSONAL INJURY
0 365 Personal Injury Product Liability
0 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 3 80 Other Personal
Property Damage
0 385 Property Damage
Product Liability
use 881
0 5
0 3
Foreign Nation
0 6
!J
0
0
0
0
R'RmmllS- O
0
0
0 820 Copyrights
0 830 Patent
0 840 Trademark
l!)l'"""-'"l!l
0 2
@Nif~@ill
0
0
0
0
0
DEF
0
I
861
862
863
864
865
H!A (1395ft)
Black Lung (923)
DIWC/DIWW (405(g))
SSID Title XVI
RSI ( 405(g))
0
0
0
0
a
0
0
0
0
,lJ
I~ 1 Ongmal
0 2 Removed from
Proceeding
""'
State Court
Remanded from
Appellate Court
04 Reinstated or
0 5 Transferred from
Reopened
0 6 Multidistrict
Another District
(specify)
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VII. REQUESTED IN
0
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE
(See instructions):
WDGE
i (\ <!_:v.ces;s
DEMAND$
,'j 1.:SO,Dc:O
~~~
JURY DEMAND:
DOCKET NUMBER
JUDGE
]llf Yes
0 No
JblN/- 4 2015
06/04/2015
RECEIPT#
MAG.JUDGE
mR THE
us1Nl
approprl~
AN!~ Nl~,::~:~:EF::~::b~::;,,~,=~:,:
assignment to
ar
Address of Plaintiff: c/o Derek E. Jokelson, Esquire, 230 South Broad Street, 10th Floor,
'
. r:;;J
Address ofDefendant:Saint Joseph's University, 5600 West City Avenue, Philadelphia, PA 19131
P~ceofAccident. ~c~emorTransaction:_P_h_il_a_d_e~lp~h~.-ia~,_P_A
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Use Reverse Side For Additional Space)
ore of its stock' 1
Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning
(Attach two copies of the Disclosure Statement Forni in accordance with Fed.R.Civ.P. 7.1 (a))
YesD
YesD
Case Number: _ _ _ _ _ _ _ _ _ _ _ Judge _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date T e r m i n a t e d : - - - - - - - - - - - - - - - - - - Civil cases are deemed related when yes is answered to any of the following questions:
I. ls this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court'1
YesD
NoR
2. Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously terminated
action in this court 9
YesD
NoiX
3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pending or within one year previously
tern1inated action in this court?
YesD
No5{:
4. ls this case a second or successive habeas corpus, social security appeal, or prose civil rights case filed by the same individual?
YesD
CIVIL: (Place
A
I.
NoOJ.::
B.
2. o FELA
2.
3.
Assault, Defamation
4. o Antitrust
4.
5.
6.
7.
Products Liability
8.
Products Liability -
9.
Asbestos
(Please specify)
ARBITRATION CERTIFICATION
(Check Appropriate Category)
I, Derek E. Jokelson
, counsel of record
by certify:
D Pursuant to Local Civil Rule 53.2, Section 3(c)(2), that to tUJ;>--.KJJ
$150,000.00 exclusive of interest and costs;
D Relief other than monetary damages is sought.
81047
Attorney I.D.#
NOTE: A trial de novo will be a trial by jury only ifthere has been compliance with F.R.C.P. 38.
I certify that, to my knowledge, the within case is not rel
JUN -4 2015
Derek
81047
Attorney-at-Law
Attorney l.D.#
Jane Doe
CIVIL ACTION
NO.
In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for
plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of
filing the complaint and serve a copy on all defendants. (See 1:03 of the plan set forth on the reverse
side of this form.) In the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on
the plaintiff and all other parties, a Case Management Track Designation Fonn specifying the track
to which that defendant believes the case should be assigned.
SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
(a) Habeas Corpus - Cases brought under 28 U.S.C. 2241 through 2255.
( )
(b) Social Security - Cases requesting review of a decision of the Secretary of Health
and Human Services denying plaintiff Social Security Benefits.
( )
(c) Arbitration - Cases required to be designated for arbitration under Local Civil Rule 53.2.
( )
( d) Asbestos - Cases involving claims for personal injury or property damage from
exposure to asbestos.
( )
(e) Special Management - Cases that do not fall into tracks (a) through (d) that are
commonly referred to as complex and that need special or intense management by
the court. (See reverse side of this fonn for a detailed explanation of special
management cases.)
June 4, 2015
Date
(215) 735-7556
Telephone
Attorney-at-law
(215) 985-0476
FAX Number
Jane Doe
Attorney for
[email protected]
E-Mail Address
Q
(x