1 In accordance with federal regulations Rudae s School of Beauty Culture is providing this packet to all students on an annual basis. This packet includes the school s policies for the Drug and Alcohol Abuse Prevention Program, Campus Security Information, and the Right to Privacy: FERPA Policy. If you have any questions, you may direct them to the school office.
2 Drug and Alcohol Abuse Prevention Program Standards of Conduct The Drug and Alcohol Abuse Prevention Program policy applies to all Student and all employees. The unlawful possession, use, or distribution of illicit drugs, alcohol, and inhalants are strictly prohibited at this institution. Students or employees not complying with this standard will be subject to institutional sanctions. The prohibitions for use, possession, and distribution of illegal drugs, alcohol, or inhalants apply to all persons on school property or as part of any school activity. Institutional Sanctions Immediate termination from employment, or in the case of a student for school, will be imposed for the use, distribution or possession of illicit drugs, alcohol, or inhalants, The institution will notify the student or employee in writing if the institution becomes aware of any violation of this policy. The student or employee may request a formal hearing after receiving said notice. Three (3) members from the faculty and staff will comprise the hearing board. If the student or employee fails to request a hearing within three (3) business days then immediate termination will take place. If a student or employee requests a hearing, the board will notify the student or employee of the date the hearing will take place. The student or employee has the right to be represented by legal counsel for this purpose. The hearing board will take testimony from all individuals involved in the case. The institution s administration will then be notified of the board s decision. In all cases the hearing board s decision will be final. The institution s administration will then notify the student or employee of the board s decision. Your Legal Sanctions, Health Risks Associated with Use and Abuse of Drugs and Alcohol, and Drug and Alcohol Counseling/Treatment Availability. See Attachment #1 Attachment # 1: Drug and Alcohol Prevention Program Notice to Students and Employees Rudae s has established a Drug and Alcohol Free Awareness Program (DAFAP). The DAFAP encompasses the following four phases: Phase One WARNING OF THE DANGERS OF DRUG AND ALCOHOL ABUSE: Drug and alcohol use impairs memory, alertness and achievement. It erodes the capacity to perform, think and act responsibly. It may be grounds for termination of your enrollment with the institution or other legal action. SCHEDULE A specifically details the uses and effects as it relates to alcohol. Phase Two THE INSTITUTION HAS A POLICY OF MAINTAINING A DRUG AND ALCOHOL FREE LEARNING ENVIRONMENT All students and employees are hereby notified that the unlawful manufacture, distribution, dispensing, possession or use of illicit drugs and alcohol is prohibited in the institution s learning environment. Any student or employee must notify the institution of any criminal drug and alcohol statute conviction for a violation occurring in the learning environment no later than five days after such conviction. In compliance with the Drug-Free Workplace Act of 1988, the institution s workplace consists of the following locations:
3 Rudae s School of Beauty Culture, Inc. Coldwater Crossing 5317 Coldwater Road; Fort Wayne, IN , or, any teaching site, or any off-site location (i.e. field trips, job placement, luncheons, meetings, etc.) where the activities are in any way related to the institution. Phase Three LISTING OF THE AVAILABLE LOCAL DRUG COUNSELING, REHABILITATION AND ASSISTANCE PROGRAMS: Please refer to SCHEDULE B. Phase Four NON-COMPLIANCE WITH THE TERMS OF THIS INSTITUTION S DRUG-FREE WORKPLACE STATEMENT Non-Compliance will result in the following action being taken by the institution: a. The student or employee would be required to actively participate in a drug or alcohol abuse assistance or rehabilitation program approved by Federal, State or local health, law enforcement or other appropriate agency. Attached SCHEDULE C contains a description of the applicable legal sanctions under local, State and Federal law for unlawful possession, use or distribution of illicit drugs and alcohol. b. Community service with one of the above stated agencies. c. Termination of enrollment. Schedule A ALCOHOL USES AND EFFECTS Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol causes marked impairments in higher mental functions, severely altering a person s ability to learn and remember information. Very high doses cause Respiratory depression and death. Of combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described. Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intakes is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Alcohol withdrawal can be life threatening. Long - term consumption of large quantities to vital organs such as the brain and the liver. Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics. Schedule B DRUG COUNSELING, REHABILITATION AND ASSISTANCE PROGRAMS 1. Alcohol Drug Treatment Referral Fort Wayne, Indiana Cocaine Anonymous Fort Wayne, Indiana Washington House Treatment Center Fort Wayne, Indiana Alcoholics Anonymous Fort Wayne, Indiana
4 5. For other, see the Yellow Pages Drug Abuse & Addition Information and Treatments Schedule C FEDERAL PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF A CONROLLED SUBSTANCE 21 U.S.C. 844 (a) 1 st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both. Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000 or both, if: a) 1 st conviction and the amount of crack possessed exceeds 5 grams. b) 2 nd conviction and the amount of crack possessed exceeds 3 grams. c) 3 rd or subsequent conviction and the amount of crack possessed exceeds 1 gram. 21 U.S.C. 853 (A)(2) AND 881 (A)(2) Forfeiture of personal and real property used to possess or facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack) 21 U.S.C. 861 (A)(2) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance. 21 U.S.C. 844a Civil fine up to $10,000 (pending adoption of final regulations). 21 U.S.C. 853a Denial of Federal benefits, such as student loans, grants, contracts and professional and commercial licenses, up to 1 year for the first offense, up to 5 years for second and subsequent offenses. 18 U.S.C. 922(g) Ineligible to receive or purchase a firearm. Miscellaneous Revocation of certain Federal licenses and benefits, e.g. pilots licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies. NOTE: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply. LOCAL PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF A CONTROLLED SUBSTANCE AND ALCOHOL: In addition to the aforementioned Federal and the following State sanctions, local ordinances generally provide for legal sanctions for unlawful possession or distribution of illicit drugs and alcohol. STATE OF INDIANA PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF A CONTROLLED SUBSTANCE
5 Blood Alcohol Level of.08 (Differs by State) 1 st Offense: (Differs by State) 2 nd Offense: (Differs by State) Penalties in Indiana Statutory Penalties (Maximums): Classification Imprisonment Fine Class C Felony 2 to 8 years (5 usually) up to $10,000 Class D Felony 1 to 4 years (2 usually) up to $10,000 Class A Misdemeanor up to 1 year up to $5,000 Class B Misdemeanor up to 180 days up to $1,000 Class C Misdemeanor up to 60 days up to $500 Class B Infraction none up to $1,000 Class C Infraction none up to $500 In addition to the penalties shown above, police will confiscate and dispose of all alcoholic beverages and containers (including kegs and taps) involved in any violation of the alcoholic beverage laws. Automobiles or other vehicles used to transport alcohol illegally may also be seized and disposed of. Campus Security Information This information is required under Public Law The following data will provide you with campus security policies and statistics concerning the occurrence of criminal offenses on campus, non-campus building/property, public property, and dorms/ residential facilities on campus. Should you witness a crime in process or are a victim of a crime, Rudae's requests that you follow this procedure: During school hours, notify the School Director and the Fort Wayne Police Department immediately (refer to the phone numbers listed on Campus Crime Statistics summary). If a crime occurs during non-school hours and no faculty or staff member is available, notify the Fort Wayne Police Department immediately and the School Director as soon as possible during normal business hours. Remember: Preserving evidence for proof of a criminal offense is very important. Rudae's does not recognize any off campus student organizations that would be covered under this act. The purpose and authority of campus security personnel is limited to securing the premises and protecting the facility. The enforcement authority of campus security personnel is limited to the enforcement of campus rules and regulations. Incidents that go beyond the scope of campus security personnel are referred to and investigated by the local law enforcement agency (if applicable). All crimes that are reported will be posted in the break room within a day of the reporting. To ensure the accurate and prompt reporting of all crimes, authorized administrative personnel will take a full written statement from involved parties and witnesses at all reported emergency or criminal incidents. The written statements are included as part of a written report and such statements may be used by campus security personnel (if applicable) and local/state law enforcement authorities for the purpose of criminal apprehension and/or crime prevention. Criminal incidents may also be reviewed by the institution's administrative staff for the purpose of disciplinary action. All students are informed about campus security procedures and practices on orientation day on campus.
6 Everyone should remember that personal safety begins with you. The following should be considered: When walking on campus, be aware of who and what is around you. Try not to walk alone and avoid streets and secluded pathways or alleyways. Do not carry large amounts of cash. Keep your motor vehicle in good running condition. Always lock your car and remove all packages and any valuables. Try to park in a well lighted area. Look under your car as you approach it. Do not leave books or personal property unattended in the, student lounge or clinic area. Sexual assault prevention programs are available at the Fort Wayne Woman s Bureau (non-emergency) Counseling for sex offense victims is available at the Rape Crisis Hotline (Fort Wayne Woman s Bureau) If applicable and reasonably available, the institution will change the academic and living situation of a student after an alleged sex offense. If any disciplinary proceedings are held in cases of an alleged sex offense, both the accuser and the accused have the opportunity to have other present. Both the accuser and accused will be informed of the institution's final determination of any institution disciplinary proceeding and any sanction imposed against the accused. The following sanctions may be imposed regarding rape, acquaintance rape, or other forcible or non-forcible sex offences: If convicted, expulsion. The institution is in compliance with the Drug Free Schools and Communities Act of 1989 (Public Law ). All students and employees should refer to the handouts given during orientation "Drug and Alcohol Prevention Program" for information concerning the campus policies and individual responsibilities required under this Act which is available at the public library. Crime Statistic Information is available at the following web address. RIGHT TO PRIVACY: FERPA POLICY In compliance with the Family Educational Rights to Privacy Act of 1974, Rudae s School of Beauty Culture insures the release of personal information only on written instruction from the student; and/or parent or guardian (if student is a dependent). All inquiries in regards to a student s record should be directed to the administrative offices. Release of information is done on a separate request for each single release to: parents, prospective employers, or pertinent agencies. The student understands their records will be maintained for at least seven (7) years. The student attests that the privacy act was explained to them on or prior to their first day of class. The student also understands that NACCAS and the Department of Education auditing agency will have access to the student files without prior consent from the student, parent or guardian. Family Educational Rights and Privacy Act (FERPA) Family Policy Compliance Office (FPCO) Home
7 The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies. Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR 99.31): School officials with legitimate educational interest; Other schools to which a student is transferring; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to a student; Organizations conducting certain studies for or on behalf of the school; Accrediting organizations; To comply with a judicial order or lawfully issued subpoena; Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific State law. Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. For additional information, you may call USA-LEARN ( ) (voice). Individuals who use TDD may call Privacy of Student Information (FERPA Rules) The Family Educational Rights and Privacy Act (FERPA) sets limits on the disclosure of personally identifiable information from school records, and defines the rights of the student to review the records and request a change to the records. With exceptions such as those noted in this section, FERPA generally gives postsecondary students the right to review their education records, to seek to amend inaccurate information in their records, and to provide consent for the disclosure of their records. These rules apply to all education records the school keeps, including admissions records (only if the student was admitted) and academic records as well as any financial aid records pertaining to the student. Therefore, the financial aid office is not usually the office that develops the school s FERPA policy or the notification to students and parents, although it may have some input.
8 Student s & parents rights to review educational records Rudae s will provide a student with an opportunity to review his or her education records within 45 days of the receipt of a request. The school is required to provide the student with copies of education records, or make other arrangements to provide the student access to the records, if a failure to do so would effectively prevent the student from obtaining access to the records. While the rights under FERPA have transferred from a student s parents to the student when the student attends a postsecondary institution, FERPA does permit a school to disclose a student s education records to his or her parents if the student is a dependent student under IRS laws. Note that the IRS definition of a dependent is quite different from that of a dependent student for FSA purposes. For IRS purposes, students are dependent if they are listed as dependents on their parent s income tax returns. (If the student is a dependent as defined by the IRS, disclosure may be made to either parent, regardless of which parent claims the student as a dependent.) Prior written consent to disclose the student s records Except under one of the special conditions described in this section, a student must provide written consent before an education agency or school may disclose personally identifiable information from the student s education records. The written consent must state the purpose of the disclosure, specify the records that may be disclosed, identify the party or class of parties to whom the disclosure may be made, and be signed and dated. If the consent is given electronically, the consent form must identify and authenticate a particular person as the source of the electronic consent, and indicate that person s approval of the information contained in the electronic consent. The FERPA regulations include a list of exceptions where the school may disclose personally identifiable information from the student s file without prior written consent. Disclosures to school officials Some of these disclosures may be made to officials at your school or another school who have a legitimate interest in the student s records. Typically, these might be admissions records, grades, or financial aid records. Disclosure may be made to: other school officials, including teachers, within the school whom the school has determined to have legitimate educational interests. to officials of another postsecondary school or school system, where the student receives services or seeks to enroll. Disclosures to government agencies Disclosures may be made to authorized representatives of the U.S. Department of Education for audit, evaluation, and enforcement purposes. Authorized representatives includes employees of the Department such as employees of the Office of Federal Student Aid, the Office of Postsecondary Education, the Office for Civil Rights, and the National Center for Education Statistics as well as firms that are under contract to the Department to perform certain administrative functions or studies. In addition Disclosure may be made if it is in connection with financial aid that the student has received or applied for. Such a disclosure may only be made if the student information is needed to determine the amount of the
9 aid, the conditions for the aid, the student s eligibility for the aid, or to enforce the terms or conditions of the aid. A school may release personally identifiable information on an F, J, or M nonimmigrant student to U.S. Immigration and Customs Enforcement (formerly the Immigration and Naturalization Service) in compliance with the Student Exchange Visitor Information System (SEVIS) program without violating FERPA. Disclosures in response to subpoenas or court orders FERPA permits schools to disclose education records, without the student s consent, in order to comply with a lawfully issued subpoena or court order. In most cases, the school must make a reasonable effort to notify the student who is the subject of the subpoena or court order before complying, so that the student may seek protective action. However, the school does not have to notify the student if the court or issuing agency has prohibited such disclosure. A school may also disclose information from education records, without the consent or knowledge of the student, to representatives of the U.S. Department of Justice in response to an ex parte order issued in connection with the investigation of crimes of terrorism. Documenting the disclosure of information Except as noted below, the school must keep a record of each request for access and each disclosure of personally identifiable student information. The record must identify the parties who requested the information and their legitimate interest in the information. This record must be maintained in the student s file as long as the educational records themselves are kept.
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