Legal Matters
Western New England University is required by various state and federal statutes to publish information about certain legislation that may affect some or all of our students. That information is presented below.
Student Absence Due to Religious Beliefs
The General Laws of Massachusetts, Chapter 151C, Section 213 states the following: "Any student in an educational or vocational training institution, other than a religious or denominational educational or vocational training institution, who is unable, because of his religious beliefs, to attend classes or to participate in any examination, study, or work requirement on a particular day shall be excused from any such examination or study or work requirement, and shall be provided with an opportunity to make up such examination, study, or work requirement which he may have missed because of such absence on any particular day; provided, however, that such makeup examination or work shall not create an unreasonable burden upon such school. No fees of any kind shall be charged by the institution for making available to the said student such opportunity. No adverse or prejudicial effects shall result to any students who avail themselves of the provisions of the section."
Controlled Substances Act
Part of the federal omnibus drug legislation is the “Drug-Free Workplace” Act of 1988. Under the provisions of this legislation federal grants or contracts must certify that they will provide drug-free workplaces; individuals receiving funding directly from the federal government will also have to certify that their conduct will be drug free. In the case of colleges and universities, the Department of Education has said individual Pell Grant recipients will have to certify that they are drug free to receive their student aid awards.
If colleges and universities do not promote drug-free workplaces, drug-free awareness programs, or establish procedures for reporting violations, they are subject to sanctions including suspension of payments, suspension or termination of grants, or debarment, thus ineligible to receive grants or awards from a federal agency during the term of debarment.
Students applying for financial aid involving federal funding must certify that they are drug free, and that they will remain drug free, in order to receive such federally-funded student aid awards. Appropriate forms for such certification are available in Enrollment Services.
No fees of any kind shall be charged by the institution for making available to the said student such opportunity. No adverse or prejudicial effects shall result to any students who avail themselves of the provisions of this section.
Confidentiality of Student Records
The Family Educational Rights and Privacy Act (FERPA) of 1974 (revised 1988, 1993) assures students the right to inspect and review all University records, files, and data directly related to them, with the exception of medical and psychiatric records, confidential recommendations submitted before January 1, 1975, records to which a student has waived the right of access, and financial records of the student's parents. The Privacy Act also prohibits the distribution of grades to parents or guardians without the prior written consent of the student, or a statement of dependency from the parent when the student is a dependent under the criteria of the Internal Revenue Code.
The Privacy Act requires the University to respect the privacy of education records but provides the right to make public at its discretion, without prior authorization from the individual student, the following personally identifiable information: name of student; local and permanent addresses and telephone numbers (including cellular telephone numbers); email address; class year; school or division of enrollment and major field of study; enrollment status; date and place of birth; dates of attendance at Western New England University, nature and dates of degrees, honors and awards received; weight and height of student athletes; participation in officially recognized sports and activities; and high school and any institution of higher learning previously attended.
A student may limit the release of the above information by submitting a written request to Enrollment Services. However, drug- and alcohol-related incidents, which violate federal, state, or municipal laws, or any University policy related thereto, may be disclosed to parents under the following circumstances: (1) the student is under the age of 21, and (2) the University determines that the student has committed a disciplinary violation with respect to the use or possession of alcohol or drugs. Further details on the issue of privacy are also available at Enrollment Services.
Discrimination/Harassment/Sexual Misconduct/Title IX Policy
Western New England University is committed to the principle of equal opportunity in education and employment. The University prohibits discrimination against any employee, applicant for employment, student or applicant for admission on the basis of any protected class. Protected classes include age, color, creed, disability, ethnicity, gender identity, gender expression, genetics, national origin, pregnancy, race, religion, ancestry, sex, sexual orientation, genetics, active military or veteran status or any other protected category under applicable federal and state or local law.
The University provides equal access and participation in all University activities without regard to sex. Sexual misconduct including sexual harassment, sexual assault and sexual exploitation are forms of sex discrimination and prohibited under Title IX of the Higher Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and Chapters 151B and 151C of the Massachusetts General Laws. If this conduct occurs off campus, it may fall under the purview of Title IX and Title VII and the University reserves the right to act on incidents occurring off campus.
In addition to the above-mentioned regulations, the University also complies with the Violence Against Women Reauthorization Act of 2013 (VAWA reauthorized in 2022), the Clery Act, and the Campus SaVE Act.
Because the University takes allegations of discrimination/harassment seriously, the University will respond promptly to complaints of discrimination/harassment and will take appropriate action where it is determined that such inappropriate conduct has occurred. Furthermore, the University will act promptly to eliminate the conduct and impose such corrective action and sanctions as necessary.
This policy applies to any individual of either sex who participates in the University community as a student, faculty, staff member, visitor, or any other persons having dealings with the institution.
The Chief Human Resource Officer (CHRO) serves as the EEO Officer and ADA 504 Coordinator and oversees the University’s compliance efforts with discrimination and equal opportunity. The Title IX & Compliance Officer serves as the Title IX Coordinator.
Internal inquiries or reports about violations of this policy may be made to:
Title IX Coordinator
Sarah C. Butterick
Title IX & Compliance Officer
Rivers Memorial, Room 109
(413) 782-1216
sarah.butterick@wne.edu
ADA/504 Coordinator, Equal Employment Opportunity Officer
Lucinda Donnelly
Associate VP of Human Resources
Rivers Hall, Room 104
(413) 782-1343
Deputy Title IX Officers
Lori Mayhew-Wood
Associate Athletic Director (Operations) and Senior Woman Administrator
Email: lori.mayhew@wne.edu
Phone: (413) 796-2230
Office: The Caprio Alumni Healthful Living Center (CAHLC)
Jordan G. Hall
School of Law Associate Dean of Student Affairs
Email: jordan.hall@law.wne.edu
Phone: (413) 782-1376
Office: Law School Dean Suite
Beth Hill
Director of Community Standards and Education
Email: beth.hill@wne.edu
Phone: (413) 782-1368
Office: Student Affairs, Campus Center, Room 225
Michelle Clark
Assistant Registrar
Email: michelle.clark@wne.edu
Phone: (413) 796-2078
Office: Enrollment Services, D'Amour Library
Amy Burton
Assistant Dean for Student Affairs, Assistant Professor of Occupational Therapy
Email: amy.burton@wne.edu
Phone: (413) 796-2010
Office: College of Pharmacy & Health Sciences
Michael Vallee
Head Athletic Trainer
Email: michael.vallee@wne.edu
Phone: (413) 782-1599
Office: The Caprio Alumni Healthful Living Center (CAHLC)
Inquiries may be made externally to Office for Civil Rights (OCR)
US Department of Education 400 Maryland Ave SW Washington, DC 20202-1100
Customer Service Hotline # (800) 421-3481
Facsimile (202) 453-6012
TDD# (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Office for Civil Rights,
Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109-3921
Telephone: (617) 289-0111
Facsimile: (617) 289-0150
Email: OCR.Boston@ed.gov
Boston Office-EEOC
John F. Kennedy Federal Building 475 Government Center
Boston, MA 02203
Phone: 1-800-669-4000
Fax: 617-565-3196
Complaints can be filed Monday through Friday, from 8:30am to 3:00 pm.
Massachusetts Commission Against Discrimination (MCAD)
436 Dwight Street, Room 222
Springfield, MA 01103
Accommodation of Disabilities
The University is committed to full compliance with the American with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against qualified persons with disabilities.
The Associate Vice President of Human Resources has been designated as the ADA/504 Coordinator for the University, responsible for coordinating efforts to comply with all disability laws.
Employees requesting reasonable accommodation should complete the ADA Accommodation Request Form found on the Human Resources web page.
Students requesting accommodation should contact the Office of Student Accessibility Services located in Herman Hall, Room 105.
Firearms Possession
The General Laws of the Commonwealth of Massachusetts “(MGLC. 269 Section 10 (j))” prohibit the unauthorized possession of any firearm on the campus of any college or university within the Commonwealth. Students should be aware that the Commonwealth of Massachusetts strictly enforces its firearm laws. In Massachusetts, conviction for the illegal possession of a firearm carries a mandatory one-year jail sentence.
Hazing
Under Massachusetts General Laws, Chapter 269, Sections 17, 18, and 19, any form of "hazing" is considered to be a criminal offense punishable by a fine and/or imprisonment. Furthermore, persons who witness or have knowledge of hazing incidents and fail to report them are also subject to similar penalties.
Each Western New England University student organization and athletic team, at the beginning of the academic year, and every student, at the time of registration, is provided with a copy of the Massachusetts General Laws concerning hazing. The officers of student clubs and organizations are required to sign a formal statement acknowledging receipt of such regulations and verifying their adherence to refrain from any harassment or activities which may serve to cause embarrassment to prospective members, initiates, or pledges. Any student organization found to be involved in such hazing or harassment of members or prospective members will have its recognition immediately withdrawn and be required to disband. Individual organizers and participants in hazing will be subject to strong disciplinary action, including immediate dismissal from the University.
Immunizations and Health Record Requirements
The laws of the Commonwealth of Massachusetts and Western New England University Health Services require all full-time students to present evidence of immunization against measles, mumps, rubella, diphtheria, tetanus/pertussis, hepatitis B, varicella and meningitis. This requirement may be met by credible medical documentation or laboratory confirmation of immunity known as titers.
Immunizations may be received in Health Services and will be billed to insurance. Immunization history is included in the admission physical examination documentation and is to be submitted to Health Services by August 1. Students may not be allowed to move on campus, and or, begin classes without the required admission document and immunization record.
Selective Service Registration
All male students who have not served either on active military duty or are not members of the Reserves and/or National Guard, or are not citizens of specific Federated States or Trust Territories, within 30 days of their 18th birthday must register with Selective Service. Furthermore, under Federal Regulations, Subpart C-Statement of Educational Purpose and Selective Service Registration Status, Sections 668.31, .32 and .33, appropriate registration with Selective Service is necessary before receiving any funds under Title IV, Higher Education Act Programs. The student can register for Selective Service during the FAFSA application process or by going online to www.sss.gov. Until this has been done, he is ineligible to receive Title IV funding, including Perkins Loans, Ford Direct Loans, Supplemental Loans, Pell Grants, Work-Study, and similar federal monies.
Smoke-Free Environment
In compliance with Massachusetts Smoke Free Workplace Law, M.G.L. Ch. 270 §22, the University is instituting a new smoking policy. This policy prohibits the use of any smoking paraphernalia, including electronic cigarettes and/or vapor smoking devices, within 25 feet of any University building, its entrance or windows. Furthermore, no smoking is permitted within any University building, academic or residential. The University anticipates the full cooperation of its students, faculty, staff, vendors, and visitors as to their compliance with this policy.
Student Right-to-Know and Campus Security Act (Clery Act)
The University is in compliance with the federal Student Right-to-Know and Campus Security Act which requires colleges to disclose graduation rates for students and to make available certain statistics and campus security policies. According to the requirements, data in these areas were tabulated beginning July 1, 1991, and reported during the summer of 1992 and each summer thereafter. It is the University’s policy to provide information concerning security services available on campus. The University also practices the policy of notifying the University community as soon as possible after the commission of any crime that might portend personal danger to either students or employees. Campus crime statistics are available from the University’s Department of Public Safety. Enrollment Services makes available data on graduation rates, athletic participation rates, and financial support.
Pursuant to the Campus Sex Crimes Prevention Act, any member of the Western New England University community may obtain information provided by the Commonwealth of Massachusetts as to any registered sex offender who may be enrolled or working at the University by contacting the Department of Public Safety.
Universal Health Care
The Commonwealth of Massachusetts passed the Universal Health Care Act in 1988. Its provisions require that all full-time and three-quarter-time students be covered by health insurance that contains comprehensive, specified areas. Students must either enroll in the policy provided by the University or negotiate a hard waiver stipulating that the personal coverage already possessed contains all of the required coverage. No student can be admitted to class until one of the above options has been exercised.