Enforcement and ComplianceChap. 9.ppt

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1、Enforcement and Compliance Chap. 9,Regulatory Tools: 5 (or 6) “P”s (review from Ch. 2) Public ownership (provides maximum control) Permission set minimum standards (often nothing more than a “registration” for record-keeping purposes) for engaging in action Promotion/Protection subsidies, loans, tax

2、 incentives (credits, exemptions, deductions), liabilities imposed on competitors Prescription more detailed requirements establishing conditions for behavior (accompanied by inspections, reviews, reporting) Prohibition criminalize behavior,A.P.A., 551(10) and (11) (on p. 551 of text),(10) sanction

3、includes the whole or a part of an agency - (A) prohibition, requirement, limitation, or other condition affecting the freedom of a person; (B) withholding of relief; (C) imposition of penalty or fine; (D) destruction, taking, seizure, or withholding of property; (E) assessment of damages, reimburse

4、ment, restitution, compensation, costs, charges, or fees; (F) requirement, revocation, or suspension of a license; or (G) taking other compulsory or restrictive action; (11) relief includes the whole or a part of an agency - (A) grant of money, assistance, license, authority, exemption, exception, p

5、rivilege, or remedy; (B) recognition of a claim, right, immunity, privilege, exemption, or exception; or (C) taking of other action on the application or petition of, and beneficial to, a person;,Types of Sanctions (penalties) Civil compensatory damages Civil punitive damages Reduction/loss of fundi

6、ng/benefits Denying/revoking licenses or permits Administrative fines Criminal sanctions Economic (loss of trade/business; denial or loss of tax-exempt status),Types of Sanctions (penalties) Enforcement techniques Consent settlements Advisory opinion Industry guide Cease and desist order Affirmative

7、 disclosure & corrective order,Compliance Model: Factors Which Impact the Degree of Rule Observance,Characteristics of the Rules Characteristics of the Rules Enforcers Characteristics of the Rules Beneficiaries Characteristics of the Regulated,Chapel Attendance & Etiquette,The University specifies t

8、hat daily chapel service be held with attendance mandatory for students taking nine or more credit hours a semester.Appropriate attitudes and behaviors for the foundation of the Chapel experience are expected. Chapel etiquette a. Be on time b. If tardy, be sure to check with the appropriate chapel c

9、hecker before walking quietly to your seat. c. If you are more than 10 minutes late, you will be counted absent. d. You are allowed 10 unexcused absences per semester, as well as five written excuses for illness. The written excuses must be turned in within seven days of the absence. After these abs

10、ences, any other absence from chapel must have a Student Services deans approval or a note from a medical professional. e. No food or drink is permitted in the auditorium. f. Men should remove caps during chapel. g. Lap tops, cell phones and head phones may not be used during chapel. h. Appropriate

11、respect for speakers and others is expected.,Chapel disciplinary action The accumulation of more than the 10 allotted unexcused absences will result in Chapel Disciplinary Action. This may include one or more of the following: 1. A decreased number of allowed absences for the next semester. 2. Chape

12、l probation: The number of allowed absences for the next semester is decreased, and the student is not allowed to participate in international programs, attend social club functions or apply for privileged housing.Chapel appeals process When a student has been disciplined for excessive chapel absenc

13、es by one of the Student Services Deans, he/she has the right to appeal this decision to the Chapel Attendance Committee. This committee is composed of several faculty members and two students who will hear the case and make a decision based on the information presented to them. The request for appe

14、al shall be filed through the office of the assistant vice president for Student Services, who in turn will arrange the meeting with the Chapel Attendance Committee.,Bible Absentee Policy,Attendance is compulsory regardless of the grade being earned. The student is allowed one week of unexcused abse

15、nces. A student who accumulates excessive unexcused absences will be penalized on his or her final grade at the rate of 3 percentage points per class hour missed beyond the above-designated maximum allowed. Students who miss more than three class hours beyond the maximum permitted will be referred t

16、o the Bible Attendance Committee for disciplinary action. Failure to attend Bible class may result in suspension from the University.,Honesty and Integrity,Students are expected to maintain the highest standards of morality, integrity, orderliness and personal honor. A responsibility of those in the

17、 University community is to follow established rules and guidelines in order for the community to function more effectively. Harding University views each person as an individual with certain responsibilities to the University community and reserves the right to refuse admittance or dismiss any stud

18、ent whose lifestyle is not consistent with the Christian principles that Harding represents. Harding University considers the following to be in conflict with her mission, and therefore prohibited participation in these will result in disciplinary action: 1. Dishonesty in any form, including academi

19、c misconduct; plagiarism; falsification of excuses, tests and assignments; forgery; signing out of the dorm falsely; and lying to University officials. 2. Gambling or wagering on or off campus. 3. Entering false fire alarms, bomb threats, or tampering with other fire safety equipment. 4. Unauthorize

20、d entry into University facilities or unauthorized possession of keys to University facilities. 5. Misuse of Electronic Devices. Cellular phones, pagers and other electronic devices shall not be used in a manner that causes disruption in the classroom, library, chapel, or within any college owned or

21、 college-operated facility. Abuse of any electronic devices with photographic capabilities, use of devices for purposes of photographing test questions or other notes and materials is clearly a violation of academic honesty and will not be tolerated. Photographing individuals in secured areas such a

22、s bathrooms, locker rooms and other areas where there is a reasonable expectation of privacy and/or taking photographs of an individual against their will is strictly prohibited. Electronic transmission of photographs of any person without express permission is strictly prohibited. Students who misu

23、se electronic devices will be subject to dismissal from the University.,Honesty and Integrity,6. Theft of someone elses property. The sale of someone elses property without his or her permission will be dealt with as theft. In this age, theft would also include sharing music and movies illegally. Th

24、is would mean if you download music or movies from sources that do not own the copyright of the music, e.g. KaZaa, Gnutella, Morpheus and others, you are stealing that music or movie. If you copy and share music with other people, that too is theft on your part and on the part of those who copy the

25、music or movies from you. If you are discovered engaged in this while at Harding University, especially if you use Harding IT resources to accomplish this, it will be considered theft and be dealt with according to this Code of Conduct. (You may also have to face consequences from other authorities,

26、 such as police.) 7. Destruction, misuse, damage or deliberate defacing of University, city, county, state or personal property. 8. Harassment in any form, including sexual harassment. 9. Hazing of any kind. 10. Assault or battery. 11. Display of an attitude that is contrary to the Christian purpose

27、 for which Harding exists. 12. Possession and/or use of any firearm/weapon or replica of a firearm/weapon on campus. 13. Use of fireworks on campus. 14. Insubordination, including failure to respond, to any school official. 15. Any violation of federal, state or local laws.,Social Wellness,Harding U

28、niversity holds to the biblical principle that sexual relationships are unacceptable to God outside the context of marriage. Sexual immorality in any form will result in suspension from the University. Visiting in the residence of a single member of the opposite gender, even though others are presen

29、t, without permission is prohibited. Staying overnight in a motel, hotel or any such arrangement with a member of the opposite gender will result in suspension, although explicit sexual immorality may not have been observed. Students are prohibited from possessing or displaying pornographic material

30、s of any type. This includes the use of vulgarity, profanity, and any offensive language or offensive symbols. Students are not allowed to social dance or go to dance clubs, bars, or other inappropriate places of entertainment. The illegal, unauthorized use or abuse of Harding Universitys telephone

31、or computer system is prohibited. (See section on Acceptable Use of Harding Universitys Information Technology.) Men and women are discouraged from excessive public displays of affection.,Personal Wellness,As a Christian university community, we will attempt to take an approach to problems with alco

32、hol or drug use characterized by compassion and encouragement, without prejudice on the one hand, and with directness, consistency and firmness on the other. The consumption, possession or storage of alcoholic beverages of any kind is prohibited. This prohibition includes on- or off-campus locations

33、. Violation of this policy will result in suspension from the University. Harding forbids the use, possession, distribution, or sale of drugs or drug-related paraphernalia. Violation of this policy will result in suspension. The University has a right to require a student to immediately participate

34、in a polygraph test, drug test (either blood or urine), or breath test. The use of tobacco in any form is not permitted at any time.,Disciplinary Sanctions,Any or all of the following can be imposed for a given infraction. Warning: a written or verbal reprimand. Disciplinary Probation: probation for

35、 a specified period of time. It may carry with it other conditions to be met (e.g., restriction of participation in extracurricular activities, restriction from holding student office or joining student organizations, etc.). Special Action: designed to enhance the educational intent of the disciplin

36、ary process. Examples include: change in University housing and restriction of residential privileges, payment of damages, extracurricular activity restrictions, community service, educational sanctions, and counseling referrals. Suspension: a bar from attending the University for a specific period

37、of time. It carries with it the following conditions: Must remain off campus during the period of suspension. May not live or board in University facilities. Expulsion: a permanent bar from attending the University. IMPORTANT DEFINITION: “Harding student” is defined as any person who has registered

38、for courses at the University, even though such person is not, at the time of the incident, attending classes. Therefore, any student who has registered for classes, but who has not actually attended classes, or is away for holidays between semesters, or who is living away from the Harding campus in

39、 the summer, is still considered to be a Harding student and subject to the rules and regulations of Harding University.,Dress Code,dress code for men and women permitted: *Jeans should be neat, clean, and relatively free of the tattered and worn look. *Shorts should have at minimum a 6-inch inseam

40、and only are worn on Saturday and Sunday and after 2 p.m. Monday through Friday unless for specific athletic participation. (Shorts for athletic participation should be at least mid-thigh in length. Tight or form-fitting attire, such as spandex or biker shorts, are not acceptable as outerwear.) not

41、permitted: *Shorts may not be worn before 2 p.m. or in: a. Classes. b. Chapel. c. Lyceum or American Studies programs. *You may not have bare feet in chapel, classes or other buildings. *You may not wear unusual apparel or have unusual hair color or hair styles. *You may not wear in public any garme

42、nts designed as underwear, sleepwear or exercise clothing. women permitted: a. Tops must have at least a 2-inch shoulder strap. b. Skirts and dresses must have hemlines to the knee. c. Clothes must be modest and becoming, not low-cut, tight or revealing. not permitted: a. Tight-fitting attire. b. Ex

43、posed midriff or hips. c. Halter tops. d. Skirt slits above the knee. e. Body piercing, except ears.,Dress Code,banquet dress code: a. Dresses may not be strapless. b. Must not reveal any cleavage. c. Skirt slits must not extend above the knee. d. Any opening in the back must not extend below the na

44、tural bra line. e. Dresses should be modest and becoming, not with a low-cut neckline, tight or revealing. men permitted: a. Neatly trimmed hair off the collar. b. Neatly trimmed beards. c. Tank tops and body shirts are limited to athletic participation only; shirts must be worn at all times. not pe

45、rmitted: a. Extreme hairstyles such as ponytails, extreme dyes, etc. b. Body piercing, except ears. c. Caps, hats and do-rags in classes or chapel.,Analyze the phenomenon of student rule compliance/non-compliance at Harding University using the “compliance model“ in Chapter 9 of our text as the basi

46、s of your analysis. You do not need to include every item in that model in your analysis, but you do need to include the ones (presumably there will be several) you think are most significant in explaining student behavior. Identify the areas of campus life in which you think the highest level of non-compliance is to be found. Explain the dynamics (reasons/factors) for this level of non-compliance Make recommendations for achieving a higher level of compliance in these areas.,Your Assignment,