General University Policies

Notification of Rights Under the Family Educational Rights and Privacy Act (FERPA)

Walsh University is covered by, and subscribes to, the Family Educational Rights and Privacy Act (FERPA) – informally known as the Buckley Amendment. Passed by the U.S. Congress, Public Law 93-380, as amended and effective November 19, 1974.

This law permits students the right of confidentiality and the right to inspect and review their educational record as maintained by the appropriate offices and agencies of the University. Also, it affords students the right to request that amendments be made to ensure that their records are accurate.

Copies of the Act and the Federal Regulations are available for examination in the University Library, the Office of the Registrar, or by accessing the Department of Education’s FERPA web site at www.ed.gov.

FERPA information is published yearly online at www.walsh.edu, in the University catalog and in the student handbook.

Definitions

Student is any person who attends or has attended Walsh University.

Educational Record is any record in handwriting, print, tape, microfilm, electronic file or other medium maintained by Walsh University which directly relates to a student. The following exemptions are not part of the educational record or subject to FERPA:

  1. Personal records maintained by University staff/faculty if kept in the sole possession of that individual, and the information is not accessible or revealed to any other person — e.g., a faculty grade book.
  2. Employment records not contingent on student’s enrollment.
  3. Law enforcement records that are created by a law enforcement agency for that purpose.
  4. Medical and psychological records used solely for treatment.
  5. Alumni records disclosing information about a student who is not considered "enrolled."

Right to Inspect and Review Educational Records

Students have the right to inspect and review their educational records within 45 days of the day the University receives a request for access.

Procedure

A student should submit to the appropriate University official a written request that identifies the records to be inspected. Arrangements for access will be made by the University official, and notification will be given to the student of the day, time, and location where records will be inspected.

Exceptions

Students are granted the right to inspect and review all their educational records except for the following:

  1. Information regarding other students;
  2. Financial records of parents;
  3. Confidential letters of recommendation, confidential letters or statements of recommendation for admission, employment, or honorary recognition put in education files before 1/1/75.

Disclosure of Educational Records

Walsh University accords all rights under the FERPA Act to each student. Outside individuals or agencies will not have access to, nor will the University disclose any information from a student’s educational record without the written consent of the student. The University may, however, furnish information within the University’s community serving in the educational interest of the student (i.e., faculty, administration, support staff, advisors, campus security, campus student service departments such as financial aid and housing).

Exceptions made to the disclosure policy are:

  1. To University officials listed in the above paragraph;
  2. To federal/state educational officials in connection with legislative requirements;
  3. In connection with financial aid for which the student has applied;
  4. To organizations conducting studies on behalf of the University;
  5. To accrediting organizations; to the parents of dependent students (e.g., parent information listed on the FAFSA [Free Application for Federal Student Aid]);
  6. To comply with a lawful judicial order or subpoena;
  7. To appropriate individuals in health safety emergencies;
  8. Limited directory information.

Directory Information

Walsh University, in accordance with the FERPA Act, has designated the following information as "directory information." The University may release directory information to anyone without the student’s consent unless the student requests otherwise in writing to the Office of the Registrar PRIOR to the first day of the academic semester or term in which the request is to become effective. This will remain effective until removed by the student.

Information the University may release, unless the student wishes all information to be withheld, includes:

  1. Name;
  2. Address (local and home);
  3. Telephone (local and home);
  4. Major field of study;
  5. Participation in officially recognized University activities and sports;
  6. Weight and height of member of athletic teams;
  7. Dates of attendance;
  8. Enrollment status;
  9. Degrees and awards received;
  10. Most recent previous educational agency or institution attended.

The student has the right to consent to disclosures of personally identifiable information contained in the educational records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to University officials with legitimate educational interests. Personally identifiable information is information that, if disclosed, would make a student’s identity easily traceable — e.g., Social Security number. If a student does not want Directory Information released, he/she must contact the Office of the Registrar immediately.

Amendment of Educational Records

Under the FERPA Act, students have the right to request an amendment to educational records they believe are inaccurate, misleading, or in violation of their privacy rights under this Act. Procedures are as follows:

Students must submit a written request to the appropriate University official to amend a record. In doing so, the student should clearly identify the part of the record to be amended, and clearly state why it is inaccurate or misleading.

If the University determines that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.

If the University determines that it is not appropriate to change the record, the appropriate University official will notify the student of the decision. The student will be advised of his or her right to a hearing regarding the request for amendment. At that time, information regarding the hearing procedures will be provided to the student.

Compliance Office

Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by Walsh University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520

Medical Leave Policy

Any student who is experiencing personal/emotional/medical difficulties and is unable to complete academic and/or social responsibilities to Walsh University may request a medical leave of absence. Requests for medical leaves are initiated through Counseling Services located in the David Family Campus Center. A medical leave of absence does not guarantee a refund of tuition and fees. (*Please note: Graduate Program Leave Policies are located under the the Academic Policies & Procedures in the Graduate Catalog.)

Smoking Policy

All Walsh University buildings are smoke-free environments. Exceptions are made for the residence area of La Mennais Hall (Brothers’ residence). Additionally, Walsh University has implemented a policy regarding smoking in accordance with Ohio Revised Code Chapter 3794.

In view of the requirements of this legislation, and our desire to promote the health and well-being of students, visitors, faculty and staff, the University policy provides a working environment that is free from tobacco smoke. Smoking is not permitted in, or within 20 feet of, Walsh University buildings, shelters and indoor athletic facilities. Smoking is also not permitted in University vehicles.

The policy applies to all staff and students throughout University premises. It also applies to visitors, contractors and sub-contractors while on University premises.

Smoking is not permitted near entrances to any University buildings. Smoking receptacles have been removed from these entrance areas. Please do not throw cigarette butts on the ground near entrances. Designated smoking areas have been provided in certain areas with effective ventilation. In addition, smoking receptacles will be located in these areas. While smoking is permitted outdoors, we are asking that preferential consideration be given to non-smokers whenever it is clear they are exposed to involuntary smoke.

Appropriate signage, as required by the new law, has been added to all non-smoking areas including all University buildings, athletic facilities, and vehicles. In addition to complying with the new legislation, it is hoped that these efforts will have the following results: everyone will know where smoking is permitted and non-smokers will know that they can, with few exceptions, avoid contact with second-hand smoke if they so choose. Your cooperation is critical to making this effort a success.

Change of Regulations

Walsh University reserves the right to modify degree requirements, courses, schedules, calendars, regulations, fees, student life policies and procedures, and changes as may be deemed beneficial to the efficient operation of the University. Such changes become effective as announced by the proper University authorities.

Title IX and Walsh University 

Discrimination Policy

Statement of Policy 

Walsh University does not discriminate on the basis of race, religion, age, sex, sexual orientation, color, disability, national or ethnic origin, or status as a veteran, in policies and programs such as those specified below. This statement applies to all academic pro¬grams, all athletic programs, and to all policies and procedures concerning students and student activities. This statement applies to all personnel and administrative policies. In order to maintain its Catholic identity, Walsh University may prefer to hire individuals who are Catholic or who demonstrate adherence to the ideals expressed in the University Mission Statement. Finally, it is the policy of the University to maintain an environment free of sexual harassment and intimidation. 

It is the stated policy of Walsh University to promote and maintain a campus environment free from all forms of discrimination, intimidation, and exploitation, including sexual harassment. The use of one’s institutional position or authority to promote discrimination against any individual or group or to solicit unwelcome sexual relations with a member of the Walsh University community is incompatible with the mutual trust and respect among the University community fundamental to the mission of the University. Discrimination and sexual harassment are considered unethical and unprofessional activities, especially when they involve persons of unequal power, authority, or influence. Furthermore, discrimination and sexual harassment are illegal under Title VII of the 1964 Civil Rights Act. 

In accordance with the mission statement and compliance with nondiscrimination laws, Walsh University regards freedom from discrimination and sexual harassment an individual employee and student right protected by policy. Members of the Walsh community must stand against assaults upon the dignity and value of any individual. Walsh University is committed to freedom of expression; however, the value of free expression is undermined by acts of discriminatory harassment that harass, intimidate, or humiliate members of the community or create a hostile or offensive campus environment. Protected free expression ends when prohibited discriminatory harassment begins. 

It is imperative that members of the Walsh community know that discriminatory harassment will not be tolerated. 

DEFINITIONS 

Discriminatory behavior involves the singling out, excluding, or demeaning any individual on the basis of age, gender, religion, sexual orientation, race, ethnicity or national origin, disability or veteran status. 

Discriminatory harassment generally includes conduct (oral, written, graphic or physical) directed against any person or groups of persons because of age, gender, race, ethnicity or national origin, sexual orientation, disability, veteran status or religious preference, and that has the purpose or reasonably foreseeable effect of creating an offensive, demeaning, intimidating or hostile environment for that person or group of persons. Such conduct includes, but is not limited to, objectionable epithets, demeaning depiction or treatment, and threatened or actual abuse or harm. 

Sexual harassment includes unwelcome sexual advances, requests, for sexual favors, and other verbal, nonverbal, or physical contact of a sexual nature when: 

  1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
  2. submission to or rejection of such contact by an individual is used as the basis for academic or employment decisions affecting the individual;  
  3. such conduct has the purpose or effect of interfering with an individual’s academic or work performance or creating an intimidating, hostile or offensive working, educational, or living environment. 

Sexual harassment includes the following examples: 

  • demeaning verbal remarks that are lewd, obscene, or sexually suggestive in the form of jokes, teasing, or insults directed at a person or group 
  • inappropriate behavior of touching, pinching, patting, fondling, kissing, or cornering 
  • pressure for dates and/or sex 
  • requests for sex in exchange for grades, salary raises, or promotion. 

Any employee or student who may have been a victim of or is a witness of discrimination or harassment should proceed as follows: 

For issues involving discrimination or harassment based on gender, including sexual harassment, the Walsh University Title IX procedures govern these complaints.  Please contact Amy K. Malaska, Title IX Coordinator at 330-490-7321 or amalaska@walsh.edu.  

For issues involving race, religion, age, color, disability, national or ethnic origin or status as a veteran, please refer to the Walsh University Equity Board description and procedures.  Please contact the current chair of this Board, Kristi Campbell at 330-490-7105 or kcampbell1@walsh.edu  to address any questions you may have.  

Title IX

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

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

Title IX Coordinator

The Title IX Coordinator and Deputy Coordinators are responsible for overseeing complaints brought forward under Title IX and associated Walsh University policies to assure that these matters are being handled appropriately.  In addition, they are called to identify and address patterns of misconduct and systemic problems which may become evident as a result of investigations.  The Title IX Coordinator and Deputy Coordinators also serve as resources for anyone seeking additional information about the processes under this policy, about other resources that may be available to victims of misconduct covered by this policy, or who wish to file a complaint of an alleged violation of this policy.

Title IX Coordinator
Amy K. Malaska
Vice President for Student Affairs/Dean of Students 
103 David Center
2020 East Maple Street, North Canton, OH  44720
330-490-7321
amalaska@walsh.edu 

Speaking confidentially regarding sexual assault

Walsh University recognize a student may wish to speak confidentially about sexual assault.  If the student does not want to proceed with an investigation but needs personal support, it is important that students understand the Office of Civil Rights does not require campus mental-health counselors, pastoral counselors, health center employees, (or who is supervised by such a person) to report - without the student’s consent - incidents of sexual violence to the school in a way that identifies the student.   The counselor-client relationship is protected so students can seek the help they need.  

PROCEDURES FOR INSTITUTIONAL ACTION IN CASES OF ALLEGED DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, GENDER-BASED COMPLAINTS, STALKING AND RETALIATION

Title IX Authority

Title IX protects individuals from harassment connected to any of the academic, educational, extracurricular, athletic, and other programs, activities or employment of schools, regardless of the location.  Title IX protects both males and females from sexual harassment by any school employee, student, and a non-employee third party.  

If the assailant is a student, regardless of criminal or civil action, campus administrative action may be initiated through the Student Conduct system. 

Filing a Complaint

Any member of the University community may file a complaint of misconduct against students or employees. Complainants may approach the Title IX Coordinator or Title IX Deputy Coordinators directly.  Complaints asking for action on the misconduct are to be prepared in writing and signed by the complainant. Complaints against students are to be directed to the Assistant Dean of Students/ Chief Judicial Office, Bryan Badar.  Gender-based complaints against employees should be directed to the Director of Human Resources, Frank McKnight. Any complaint should be submitted as soon as possible after the misconduct takes place or becomes known.  In some situations however, the complainant may delay in filing a complaint.   Such delays may make it more difficult to secure evidence and witnesses; however, resolution is still possible.

It is the responsibility of those charged with upholding Title IX matters to ensure that investigations occur in all gender-based misconduct complaints. When a complaint is received by either Judicial Affairs or the Human Resources Office, an initial review will be conducted.  The initial review will be followed by a resolution process. The Title IX designated reviewer will determine the process of resolution of the complaint in consultation, if appropriate, with the complainant.

In the case of gender-based offenses, the Title IX investigator may take immediate measures to assist complainants in resuming educational activities while deciding what course of action, if any, to pursue against a respondent or while awaiting the results of a resolution process. Some interim measures can be utilized even when the decision is made not to file a complaint. Interim measures include but are not limited to, the following: providing an escort, changing the complainant’s course schedule or room assignment in the residence halls, arranging academic accommodations, waiving the service fee for on-campus health center services, and/or implementing appropriate educational or prevention strategies to address the environment in which the offense took place. Additional interim measures can be utilized in those cases where the complainant has filed a complaint. These include, but are not limited to, the following: issuing no contact orders, limiting the respondent’s access to campus, limiting the respondent’s access to facilities and activities, and changing the respondent’s course schedule or room assignment. When appropriate, the respondent may be placed on interim suspension.

Standard of Evidence

The standard of proof used for a student conduct case and all Title IX cases is a preponderance of evidence.  This means a greater than 50% chance (based on the evidence by the complainant) that the respondent is responsible for the university policy violation in the complaint.

Rights of the Complainant and the Respondent

The Complainant and the Respondent are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceedings by an advisor of their choice.  

Both the Complainant and the Respondent shall be simultaneously informed, in writing, of: 1) the outcome of any institutional disciplinary proceedings that arise from an allegation of domestic violence, dating violence, sexual assault, or stalking; 2) the institutions’ procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; and 3) any change to the results that occurs prior to the time that such results become final - and when such results become final.

Please refer to the Walsh University home page at www.walsh.edu  for the Title IX prompt at the bottom of the page for additional information regarding Deputy Title IX Coordinators contact information; Students rights during an investigation; procedures victims should follow if an incident of domestic violence, dating violence, sexual assault or staking has occurred; and additional resources.