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C. University Library Disciplinary Regulations

The heart of an institution of learning is its library. The misuse of a library strikes at the very essence of the academic community and shows not only contempt for the institution but disregard for the rights of other members of the community. Accordingly, the University has adopted these library disciplinary regulations.

A. Offenses defined

The following acts shall constitute offenses against the University and shall be punishable by suspension of library privileges and/or fines, and/or suspension or dismissal/termination by the University, as determined by the appropriate authorities through the procedures outlined in sections B and C below.

1. Stashing or sequestering library materials within a University library for the exclusive use of an individual or group.

2. Willful or repeated failure to respond to recall or overdue notices.

3. Defacing or mutilating library materials, e.g., by marking or underlining or by tearing or cutting pages or parts of pages out of books or periodicals, or by damaging other formats such as microforms, maps, or electronic files.

4. Attempts to remove library materials from a University library without authorization, e.g., as detected by the activation of an electronic security system alarm or by inspection. Claimed inadvertence cannot be accepted as an excuse.

5. Theft of library materials.

B. Fines, other charges, and suspension of library privileges

The provost of the University has empowered the University Librarian, or his or her designee, at his or her discretion, to impose fines of up to $100 for each offense listed in section A, above. The amount in each case is to be commensurate with the gravity of the offense; the minimum fine for a listed offense is $10. All fines for listed library offenses are in addition to fines for overdue library materials or charges for lost materials generally assessed.

When applicable, a restitution charge will also be assessed for the repair of damages to or replacement of library materials, the costs of which are to be determined by the library.

In addition to any monetary fines, the University Librarian, or his or her designee, at his or her discretion, may suspend library privileges for one or more terms in cases where he or she deems it appropriate.

C. Formal disciplinary procedures

The offenses listed in section A.3–5, above, are also subject to disciplinary action up to suspension or dismissal/termination from the University. If the University Librarian determines that further disciplinary action may be warranted in addition to sanctions he or she is authorized to impose (see section B above), he or she will so notify the appropriate University officer listed below by letter, stating the charge against the offender, the evidentiary basis for his or her referral decision, and the action, if any, already taken:

1. In the case of an undergraduate student, to the chairman of the Executive Committee of Yale College;

2. In the case of a graduate or professional school student, to the dean of the appropriate school;

3. In the case of Yale staff members (non–bargaining unit), to the vice president for Administration;

4. In the case of bargaining unit employees, to the director of Employee Relations;

5. In the case of a faculty member, to the provost;

6. In the case of any other library user, to the secretary.

A copy of the letter will be sent to the offender at the same time. The University Librarian may request that he or she, or his or her designee, testify in any procedures that may lead to additional disciplinary action.

The University Librarian shall transmit to the provost a copy of all notices he or she sends to any of the officials listed above. In each case, the officials listed above shall send a report to the provost within a reasonable time following referral by the University Librarian, with a copy to the University Librarian, setting forth the results of the disciplinary procedures employed. Upon receipt of any such report from an official listed above, the provost shall take appropriate steps to oversee the enforcement of disciplinary action.

In the event that an alleged library offense involves the possible violation of one or more criminal statutes, the University Librarian, or his or her designee, may, at his or her discretion and after consultation with the provost, refer the matter to the appropriate law enforcement authority.