W. Va. Code § 18B-1-6
This policy applies to all individuals while on the West Virginia School of Osteopathic Medicine (“WVSOM”) campus and on any other property owned or controlled by WVSOM. This policy sets forth limitations on dangerous weapons; forms of transportation, including bicycles, rollerblades, skateboards, scooters, and hoverboards; drones or other remote controlled aerial devices; tobacco and electronic/vapor cigarettes; fuel and open flame devices; pets, service animals, and miniature horses; concessions; and advertising on WVSOM property, and sets forth sanctions for those individuals who violate this policy.
The purpose of this policy is to provide for the safety and welfare of all individuals on WVSOM property. As the primary purpose of WVSOM is to educate students, this policy regulates certain conduct that may be distracting and detrimental to the maintenance of a safe educational environment.
Definitions
“Dangerous weapon” means knives other than folding pocket knives with blades three and one-half inches long or less, or those being used for food preparation; bladed weapons such as swords, razors or arrows; ammunition; explosives or explosive devices; nunchuka; and throwing devices with sharp or pointed edges. The term also includes "deadly weapons" as that term is defined in West Virginia Code § 61-7-2.
“Firearm” means any weapon which will expel a projectile by action of an explosion.
Conduct Prohibited
Carrying openly or concealed, possession, or storage of any firearm or other dangerous weapon is prohibited on the WVSOM campus and on all other property owned or controlled by WVSOM, in accordance with West Virginia Code § 61-7-14. This prohibition applies whether or not the individual is properly licensed or permitted to carry a concealed deadly weapon under state law.
The prohibitions set forth in Section 4.2.1 will be posted on signs at the main entrances to the WVSOM campus, at parking locations on the WVSOM campus, and at the main entrances to any other property owned or controlled by WVSOM.
The prohibitions set forth in Section 4.2.1 shall not apply to the following individuals, while acting in their official capacity:
Law enforcement officers or officials while on duty;
Individuals who have obtained advanced, express, written permission of the WVSOM President to possess the item(s) prohibited by this policy; or
Any member of the armed forces of the United States or of the State of West Virginia while such member is on duty, is carrying arms in a declared state of emergency, and the state of emergency includes the area in which the WVSOM property is located.
WVSOM recognizes that individuals may use a variety of means of transportation on campus. Therefore, WVSOM must impose limitations on the use of certain forms of transportation for the safety and well-being of the campus community and its visitors and to avoid unnecessary damage to state property.
All individuals using bicycles, rollerblades, skateboards, scooters, and hoverboards on the WVSOM campus or on any other property owned or controlled by WVSOM must do so in a manner that is safe for the operator, safe for all others on the WVSOM property, and does not damage the WVSOM property.
Individuals are prohibited from engaging in tricks (e.g., sliding, grinding, jumps) that involve any WVSOM property (e.g., stairs, steps, railings, benches, entrances to buildings). Loitering or “sessioning” on any WVSOM property for the purpose of attempting tricks or stunts is not permitted.
Individuals are prohibited from using bicycles, rollerblades, skateboards, scooters, and hoverboards in any WVSOM building for any reason.
The operation of drones or any remote controlled aerial device on WVSOM property is strictly prohibited without the advanced, express, written permission of the WVSOM President or the Vice President for Finance and Facilities.
The use of tobacco in any form or any electronic/vapor cigarettes on the WVSOM campus and on any other property owned or controlled by WVSOM is prohibited.
Open flame devices include, but are not limited to, candles (e.g., tea lights, votive, incense burners or similar devices), sparklers, incense, flammable gel in cans or other containers, pyrotechnic devices, smoke foggers, torches, butane burners, or any other flame-producing device.
Fuel and open flame devices are not permitted in any buildings owned or controlled by WVSOM, including offices, storage areas, and classrooms, except as follows:
The proper and safe handling of equipment or fuel associated with an open flame device officially performed during a sanctioned academic session with a WVSOM faculty member present, including teaching labs that traditionally use flames such as chemistry and science labs. Such academic sessions and teaching labs must use safe practices and have quick access to fire extinguishers and fire alarms.
Campus sanctioned functions where food service personnel are acting under safe and normal operational procedures to warm food in a function room or prepare food on an authorized grill outside of the building. Food service operations using portable cooking equipment to keep food warm are permitted within the industry guidelines; however, the flammable gel (e.g., sterno) or other warming devices must be placed on a non-combustible surface and the flame cannot be allowed close to combustible materials. Kitchen and food service operations should be conducted within the designed rooms for food service having operable exhaust hoods and automatic fire extinguishing systems.
Authorized traditional ceremonial practices. If a ceremony is approved by the Vice President for Academic Affairs and Dean or designee and supervised by a WVSOM faculty member or administrator, candles may be permitted for ceremonial purposes with the advanced, written approval of the Safety Compliance Officer and Security Coordinator. A fire extinguisher should be located within or immediately outside the room used for the ceremony and safety precautions must be reviewed by the employee coordinating the ceremonial event prior to the event. The open flame device cannot be left unattended and must be extinguished as soon as possible. After extinguishing the device, the identified faculty member or manager is responsible for assuring that no heat source is maintained from the open flame device before leaving the room. Where possible, battery operated candles are preferred.
Open flame candles for use on tables or decorative devices at special events are discouraged. Battery operated candles are preferred. The Events Coordinator and the Safety Compliance Officer and Security Manager may grant an exception if the user group can demonstrate that the candles will be on noncombustible bases and the candle flame will be protected.
Welding and soldering for building maintenance and repair by qualified personnel is permitted with the approval of the Facilities Director or designee and when in compliance with OSHA, NFPA, and State Fire Codes. Fire extinguishers must be present at work site.
Gas barbecue grills are permitted but only outdoors and at least three feet from the structure and away from combustible materials. Propane gas containers must be maintained in proper condition, stored in proper protective cabinets, and are not allowed inside the campus buildings.
Fuel or open flame devices may be permitted in other circumstances if the building or area is specifically designed for such devices or advance, written permission is granted by the Safety Compliance Officer, Security Coordinator, or Events Coordinator.
Approved fuel and open flame devices must be transported, stored, and maintained in appropriate fire safe containers.
Pets. No pets of any kind are permitted in WVSOM campus buildings or any other buildings owned or controlled by WVSOM.
Service Animals
“Service animal,” under the Americans with Disabilities Act (ADA) and consistent with West Virginia Code § 5-15-3, means a dog or other animal that is individually trained to do work or perform tasks for a person with a disability. The work or task a service animal has been trained to provide must be directly related to the person’s disability. Service animals are working animals, not pets. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
A service animal is permitted to accompany a person with a disability in all areas of a WVSOM facility that is normally open to the public, with the following exceptions:
If the service animal’s presence may compromise a sterile environment or creates legitimate safety concerns;
If the service animal is out of control and the handler does not take effective action to control it; or
If the service animal is not housebroken.
When it is not obvious what service an animal provides, limited inquiries by WVSOM staff are permitted to determine (i) whether the animal is a service animal required because of a disability and (ii) what work or task the animal has been trained to perform. WVSOM staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the animal, or ask that the animal demonstrate its ability to perform the work or task.
Miniature Horses.
In some circumstances, WVSOM will make reasonable modifications to this Section 9 to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
In determining whether reasonable modifications can be made to allow a miniature horse into a specific WVSOM facility, WVSOM shall consider (i) the type, size, and weight of the miniature horse and whether the facility can accommodate these features; (ii) whether the handler has sufficient control of the miniature horse; (iii) whether the miniature horse is housebroken; and (iv) whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
If WVSOM determines reasonable modifications can be made for a specific request, the requirements for service animals under Section 9.2 will apply to the miniature horse.
All solicitation and selling on the WVSOM campus and on any other property owned or controlled by WVSOM is prohibited, unless performed by organized groups connected with and recognized by WVSOM. Such activity must have the advanced approval of the WVSOM President.
Food and other concessions sponsored by off-campus individuals or organizations using WVSOM facilities for non-WVSOM sponsored events are prohibited.
In the interest of encouraging a free flow of information and exchange of ideas, notices, or advertisements of interest to the campus community may be posted on or about WVSOM campus facilities on a limited basis, as permitted by this section, with the approval of the President. Notices for events sponsored by student organizations shall be submitted for approval in advance to the Office of Student Affairs.
The posting of political campaign signs or advertisements for special interest groups or individuals on the WVSOM campus or on any other property owned or controlled by WVSOM is prohibited unless the same shall be a part of a scheduled event or program sponsored by WVSOM and approved in advance by the WVSOM President.
All approved signs, posters, and notices are to be placed on bulletin boards only. Advertisements placed elsewhere on campus shall be removed by an administrator, the building supervisor, or any employee so authorized by the President. Exceptions may be granted for WVSOM sponsored events.
The sponsor shall be responsible for the removal of all signs, posters, and notices immediately after the event.
Any individual who fails to comply with this policy will be subject to administrative action, up to and including expulsion, termination of employment, or removal from the WVSOM campus or other property owned or controlled by WVSOM. Persons not authorized under this policy who fail to comply with this policy may be considered trespassers and asked to leave the premises.
WVSOM security may confiscate any item or equipment prohibited by this policy or that is used in a manner not permitted by this policy.
Individuals who violate this policy will be responsible for any damage or injury to persons or property, including WVSOM property, and may be subject to criminal or civil liability.
This policy will be implemented using applicable WVSOM policies and procedures, and WVSOM faculty, staff, and student handbooks.