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Stalking Policy

This policy applies equally to all members of the Nicholls community: students, faculty, administrators, staff, contract employees and visitors. The purpose of this policy is to provide a learning atmosphere, which is free of harassment or interference. The university is committed to providing an environment, in which visitors to and members of the campus community are provided with an atmosphere that enhances academic learning and considers the welfare of the community with the highest regard.

Stalking behavior will not be tolerated at Nicholls State University. Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or creating an intimidating, hostile or offensive learning and work environment. Incidents occurring on and/or off campus are subject to the university discipline process when such actions affect the learning environment or operations of the university.

Definitions
Stalking: The willful, malicious or repeated harassment and/or following of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include, but not limited to, the willful, malicious or repeated uninvited presence of the perpetrator at another person’s home, workplace, school or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats to her or his safety, mental health or physical health. Such behaviors and activities may include, but are not limited to, the following:

  • Repeated following or pursuing;
  • Threatening or obscene gestures
  • Non-consensual communication, including, but not limited to, face-to-face, telephone calls, voice messages, electronic mail, written letters, unwanted gifts, etc.;
  • Trespassing;
  • Vandalism;
  • Non-consensual touching;

These offenses may result in additional criminal charges.

Cyber stalking: (also known as online harassment or electronic stalking) the persistent offensive, threatening communication through the Internet, via e-mail, chat rooms or instant messaging or through other electronic means.

Reporting Procedures
The university strongly encourages individuals to report suspected stalking situations to the appropriate law enforcement agencies and university officials. Reporting the stalking incidents is the most effective way action can be taken against the alleged stalker. Victims are encouraged to use the following procedures:
If you are a victim of stalking, you can contact the following offices on campus for assistance. Services that can be provided are development of safety plans, academic assistance, housing considerations, assistance with the university disciplinary process and referrals to on-campus resources.

University Judicial Process
The Nicholls State University Office of Judicial Affairs will investigate a charge against a university student. When a complainant gives information to the student judicial officer about a stalking incident and accuses a university student of the offense, the judicial officer will have the discretion to impose appropriate temporary sanctions against the accused student pending a hearing. When any necessary investigation is complete, the judicial officer will notify the accused student of the charges and will handle the complaint through an administrative hearing or refer the case to the University Discipline Committee.

Penalties
The university will not tolerate stalking behavior. The penalty for students found guilty of a stalking offense under this policy may range from disciplinary probation to dismissal from the university as well as other sanctions deemed appropriate by the judicial officer or the University Discipline Committee.

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