Student Code of Conduct

Student Code of Conduct

The mission of the Office of Student Affairs is to cultivate an authentic Catholic community.  Such a community requires hospitality, openness, and a willingness to call each other to something greater.  In order to create such place and for the intellectual, social, moral, emotional, and spiritual development of students, this code and the standards it puts forth have been written.

Conduct Code Outline

Part I: 

Purpose

By entering the University of Dallas community, you are accepting the values and standards outlined in the Code of Conduct. The Code of Conduct seeks to promote the welfare of individuals and the protection of property. As a faith-based educational community the Code is not simply designed to prohibit misbehavior or serve as a means of punishment for violations of the Code, but also to encourage the development of character qualities that the community hopes to promote such as individual responsibility and self-discipline. The University of Dallas is an educational community. Its purpose is to promote wisdom, truth, and virtue. The Code of Conduct is an opportunity for the development of those values within the community.

Part II:

Definitions

Code of Student Conduct: Standards of conduct and procedures established to provide a full and fair opportunity for review of alleged student misconduct.

Complainant: An individual who files a complaint alleging a violation of the Code of Student Conduct. 

Consent: A clear, unambiguous and voluntary verbal agreement between participants to engage in sexual activity. A verbal “no” even if perceived to be indecisive constitutes a lack of consent. Consent cannot be gained by force, by ignoring or acting without regard to the objectives of another, or by taking advantage of the incapacitation of another, where the student knows or reasonably should have known of such incapacity. Use of alcohol or drugs may impair an individual’s capacity to freely consent and may render an individual incapable of giving consent. Consent is absent when the activity in question exceeds the scope of consent previously given. 

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, the frequency of the interactions between the persons involved in the relationship. 

Day: Monday through Friday during regular university business hours unless otherwise specifically noted. 

Director: Refers to the Director of Student Affairs unless otherwise noted and may also refer to a designee appointed by the Director to fulfill a specific responsibility. 

Domestic Violence: Violence committed by a current or former spouse intimate partner, current or former cohabitant, a person with whom the victim shares a child in common, or by a person who is cohabitating with, or has cohabited with the victim as a spouse, or by a person similarly situated to a spouse of a victim under the domestic or family violence laws of Texas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Texas. Domestic violence includes any behavior that may intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or would someone.

Greater Weight of the Evidence: Standard of review in the student conduct process which evaluates whether allegations are more likely than not to have happened. 

No Contact Order: Order issued by either the Director of Student Affairs or an officer of Campus Security prohibiting contact between individuals. A no contact order may be imposed as a sanction or as a directive during the investigation of an allegation of student misconduct. 

Reconsideration: An opportunity for a student to present new information to the Director of Student Affairs in order to modify a finding of misconduct and/or imposed conduct sanctions. 

Reasonable Student: A student who is found or alleged to have engaged in an act or acts in violation of the Code. 

Senior Vice President: Refers to the Senior Vice President for Enrollment and Student Affairs. 

Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for another’s own advantage or benefit, or to benefit or advantage anyone other than the person being exploited, including but not limited to, non-consensual video or audio-taping of sexual activity or undetected viewing of another’s sexual activity. 

Sexual Harassment: Unwelcome, unsolicited and offensive conduct that is severe or pervasive and tends to injure, degrade, disgrace, or show hostility toward a person because of a person’s gender, including but not limited to unwelcome sexual advances, requests for sexual favors, sexual violence and other verbal, nonverbal or physical conduct of a sexual nature.

Sexual Misconduct: Conduct including sexual harassment, sexual exploitation, and/or sexual violence. 

Sexual Violence: Physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent due to the victim’s use of drugs or alcohol or other disability, including age. Sexual violence includes, but is not limited to rape, sexual assault, sexual battery or sexual coercion. 

Sexual Coercion: The use of manipulation or threat to force someone to have sex. 

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress. Stalking is evaluated considering whether a reasonable person under similar circumstances, and with similar identity to the victim would consider the activity stalking. An activity will be considered a “course of conduct” if it involves two or more acts, in which the stalker follows, monitors, observes, surveys, threatens or communicates to or about a person or interferes with a person’s property either directly or indirectly or through a third party and by any means. A “course of conduct” can involve any method, device or means including physical stalking or cyber stalking. “Substantial emotional distress” results in significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling

Student: An individual taking courses at the University, either full-time or part-time, in person, on line or studying abroad including on the Rome campus, and pursuing either undergraduate or graduate studies, including individuals who withdraw from the University during the conduct process; those who are not currently enrolled in courses but who have a continuing relationship with the University and those who have applied readmission to the University.

Title IX Coordinator: University official responsible for monitoring and coordinating university compliance with Title IX. 

University Community: The collective group of students, faculty, staff, university officials and any other person employed by or contributing to the University.

University Premises: All buildings, facilities, land and other property that is owned, used or controlled by the University, including property owned and controlled in Rome, Italy.

University Privileges: Special benefits that are granted by the university and enjoyed by students, including but not limited to, residing in university residence halls, participating in social events or university sponsored activities, election to student leadership positions, permission to operate or park a personal motor vehicle on campus, access to all university premises open to students, and engaging in campus employment.

Part III: 

Scope

The Code of Student Conduct (“the Code”) is a University policy adopted by the University President based on authority delegated by the University Board of Trustees. The Code is implemented and enforced by the Director of Student Affairs (“Director”) under the direction of the Sr. Vice President for Enrollment Management and Student Affairs (“Sr. Vice President”). The University President has ultimate executive authority over all university matters. The Code applies to all university students and conduct that occurs on university premises, including the Rome campus, at university activities and any off campus conduct that could adversely affect the university community and/or pursuit of the university’s educational mission, or that could create a hostile environment for a student on campus. The Director decides whether the Code will apply to student off campus conduct on a case-by-case basis. A student is responsible for their conduct from the time of admission to the University through the award of a degree, or such other time as their relationship with the university is formally ended. Each student is responsible for conduct between academic semesters, during the academic year and during periods between terms of enrollment. The Code applies to student conduct even is a student withdraws from the University during the conduct process. 

Part IV:

Academic Integrity

Matters of academic integrity are reviewed and enforced under the authority of the Provost and faculty. Students engaged in acts which may constitute both academic dishonesty and misconduct as defined in the Code may be subject to sanctions under both authorities

Part V. 

Residence Hall Rules and Regulations

Students and guests in university residence halls are subject to the rules and regulations governing residence halls. In the event of a conflict between the residence hall rules and regulations and the Code, the Code shall take precedence subject to the discretion of the Director of Student Affairs.

Part VI:

Violations of the Law and the Code

Students may be accountable to criminal or civil authorities for conduct which may also violate the Code. The conduct process will normally proceed even if related criminal or civil proceedings are pending and sanctions will not be reconsidered even if related criminal charges are dismissed or otherwise resolved.

Part VII:

Re-Enrollment

Conduct Review of Applicants for Re-Enrollment 

1. The Director of Admissions will refer applicants for re-enrollment to the Director of Student Affairs to consider alleged misconduct that could violate the Code and could impact re-enrollment, including falsification of re-enrollment documents. The Director will review the alleged misconduct to consider the individual’s potential to benefit from university attendance as well as the welfare and safety of the school community.

2. The Director may recommend that an applicant not be re-enrolled or that the student be conditionally re-enrolled with appropriate sanction(s) when evidence indicates that the former student has:

  1. Engaged in acts that were disruptive to the normal operations of another educational institution.
  2. Falsified the re-enrollment forms.
  3. Engaged in conduct prohibited by the Code.
  4. Been formally charged for a crime.
  5. Been convicted of a crime and still subject to criminal penalty, including but not limited to imprisonment, parole and/or probation.

3. A student who is declined re-enrollment based on misconduct may request a meeting with the Director to discuss a decision regarding re-enrollment. The decision of the Director relating to re-enrollment issued following such a meeting is final.

Part VIII:

Records

Documents that are created and maintained as part of the conduct process are subject to the protections of the Family Education Rights and Privacy Act (FERPA), 20 USC § 1232g. FERPA provides specific exceptions for disclosure of disciplinary records in certain circumstances, including disclosure of the final results of any disciplinary action to consider misconduct involving an alleged crime of violence or non-forcible sex offenses to the victims of the alleged misconduct, regardless of whether the Director concluded a violation was committed and disclosure without student consent to parents of students under 21 years of age who are found responsible for violations of the Code related to drugs or alcohol.

Conduct records are maintained in the Office of Student Affairs. A student may request that permanent conduct records related to expulsion or suspension be destroyed by submitting a written request to the Director, including the specific basis for the request. The Director will evaluate requests on a case-by-case basis and the decision the Director will be final.

Discussion of an alleged violation of University policies should be limited to only those University officials with a legitimate educational need to be involved and the involved student(s). Individuals who are not members of the University community (i.e., parents, legal counsel, etc.) may not be present for conduct hearings/conversations. If a student wishes for his/her parent(s) or legal guardian(s) to have information pertaining to a conduct incident, the student must sign a FERPA release form which is available in the Office of Student Affairs.

Part IX:

Categories of Misconduct

Students are expected to make positive contributions to the university community and to assume responsibility for misconduct that deviates from the standards set forth in the Code. Sanctions may be imposed upon any student found to have committed or to have attempted to commit the following misconduct:

University Community

Acts affecting the university community, including but not limited to:

1. Engaging in disruptive or obstructive activity that interferes with university or university-sponsored activities including teaching, learning, research or normal business operations, or that otherwise breaches the peace.

2. Failing to comply with a reasonable directive of a university official acting in the performance of their duties.

3. Interfering with emergency services, including campus safety, fire or local or state law enforcement services.

4. Engaging in disorderly, lewd, indecent or obscene conduct including recording another’s image in violation of their reasonable expectation of privacy and without effective consent.

Health, Safety or Welfare

Acts affecting health, safety or welfare, including but not limited to:

1. Engaging in physical and/or verbal abuse, fighting, domestic violence, dating violence, threats, intimidation, harassment, coercion, physical or electronic stalking or any other conduct which threatens or endangers the health, safety or welfare of any person whether such activity occurs in person or through written medium including social networking posts, texts or emails.

2. Hazing, as defined in Texas law, including engaging in, soliciting, encouraging, directing, aiding or intentionally, knowingly or recklessly permitting behaviors such as physical brutality, risk of harm to mental or physical health or safety, intimidation, threat or ostracism, mental stress, humiliation, or other behaviors adverse to health or human dignity in association with pledging, initiation, affiliation with, holding office in, or maintain membership in a student organization or group; or having firsthand knowledge of the planning of hazing or of its occurrence and failing to report it to university authorities.

3. Arson or the irresponsible use of fire, explosives or other objects that are dangerous or flammable.

4. Possession or use of firearms, explosive fireworks, other weapons or dangerous chemicals. Any object that could potentially inflict injury or cause harm that is used in a threatening, careless or aggressive manner is considered a weapon.

5. Use, possession or distribution of narcotics or other controlled substances, except as permitted by law including possession of drug associated items or paraphernalia.

6. Use, implied use, possession or distribution of alcoholic beverages, except as expressly permitted by law and university policy or regulation; public intoxication; driving under the influence; driving while intoxicated.

7. Creating a safety hazard in any form, including setting a false fire alarm, reporting a false emergency or threat, misusing or interfering with fire equipment, smoke detectors, extinguishers or hoses, failing to follow fire drill or other emergency procedures.

8. Engaging in or attempting to engage in acts of sexual misconduct, sexual assault, sexual harassment, sexual exploitation, sexual violence or sexual coercion as defined by state, international and federal law and university policy.

Property or Services

 Acts affecting property or services, including but not limited to:

1. Theft of property or services and knowingly possessing stolen property.

2. Intentional or reckless destruction or damage to university property, or property of a member of the university community.

3. Unauthorized possession, modification, duplication or use of keys or access devices to enter any university premises.

4. Unauthorized entry to or use of University premises.

Intellectual Property

Acts affecting intellectual property, including but not limited to:

1. The use or distribution of the original work of another (whether copyrighted or not) without the express consent of the owner, including but not limited to the unauthorized downloading of copyrighted music and the distribution for commercial or personal purposes, or creation of derivative works from written materials created by faculty or staff, without expressed written permission of the originator. To the extent that conduct overlaps with plagiarism or other matters defined as academic integrity issues, such matters will be consider in accordance with the university academic integrity policy.

2. The use or distribution of a trademark, including the university trademark, without the expressed written consent of the owner.

Computing Resources or Technology

Acts affecting computing resources or technology, including but not limited to:

1. Unauthorized access, use or misuse of university computing resources, systems or data, including use of computing facilities to send obscene, threatening or abusive messages, or to disrupt university operations.

2. Disrupting university computer operations, or the availability of computing resources.

3. Using another’s identification, password or other credentials to access university computing resources.

4. Unauthorized sharing of copyrighted materials through electronic means.

5. Initiating or contributing to attacks against external networks or university systems.

Interfering with the Conduct Process

Interfering with the conduct process, including but not limited to:

1. Failing to comply with the request of a university official to participate in the conduct process, including failing to appear at a meeting with the Director.

2. Falsifying, distorting or misrepresenting information at any stage of the conduct process; or knowingly initiating a false complaint.

3. Disrupting or interfering in the conduct process in any way.

4. Attempting to discourage an individual’s participation in or access to the conduct process.

5. Retaliating or engaging in any threatening behavior against any person participating in the conduct process.

6. Harassing (verbal, written or physical) and/or intimidating any person participating in the conduct process, including university officials or students.

Violation of Laws or University Policy

Violation of international, federal, state or local law (whether convicted or not) or university policy.

Right to Action

The University reserves the right to take action based on any conduct not specifically identified above whenever, in the judgment of the Senior Vice President, action in accordance with this Code is considered to be in the best interests of the University

 

Part X:

Sanctions for Misconduct

The university believes in a restorative and educational conduct process. The university takes seriously any violation of the Code and desires to provide students with opportunities to learn from their mistakes. To this end, the university, as part of the conduct process, will assess sanctions as needed to help form and develop students toward a life of wisdom, truth, and virtue. Sanctioning is at the discretion of the conduct officer. Repeated or egregious violations may result in more serious sanctions. Students found in violation of the Code may be subject to one or more of the following sanctions. Other sanctions may also be identified as deemed appropriate by the Director.

Warning

Warnings are filed and remain on a student’s conduct record. Warnings are not subject to review by the Committee on Student Discipline or the Sr. Vice President.

Written Paper

Student may be required to produce a reflection or research paper. This paper, the topic, and the requirements are at the discretion of the conduct officer. However, the paper will never be longer than 6 pages in length. Written papers are not subject to review by the Committee on Student Discipline or the Sr. Vice President.

Seminar

Student may be required to attend a seminar. This seminar will create a space for students to reflect on their experiences and decisions at the university and to share ways they can make better decisions in the future. Seminars are frequently the given sanction for a first violation involving alcohol. Required attendance at a seminar is not subject to review by the Committee on Student Discipline or the Sr. Vice President.

Restitution or Fines

Student may be required to pay a monetary fine or participate in community service to compensate the university or a member of the university community for damages caused by misconduct. Restitution and fines are not subject to review by the Committee on Student Discipline or the Sr. Vice President.

Loss of University Privileges

Student access to university privileges, including current or potential leadership positions, may be limited or removed temporarily or permanently. Lost privileges are not subject to review by the Committee on Student Discipline or the Sr. Vice President. The Rome Office consults with the Office of Student Affairs about a student’s eligibility to participate in the Rome Program.

Disciplinary Probation

Student receives a written reprimand and is placed on probation, which includes the probability of a more severe sanction if a student violates the Code again during the probationary period.

  1. Level I disciplinary probation – automatically expires after a specific period of time. Level I disciplinary probation is not subject to review by the Committee on Student Discipline or the Sr. Vice President.
  2. Level II disciplinary probation – remains in effect during the remainder of the student’s academic career (including future enrollments). Level II disciplinary probation may be reviewed by the Committee on Student Discipline but may not be reviewed by the Sr. Vice President. 

Suspension 

Student will be formally separated from the university for a specific period of time after which the student is eligible to return. While suspended, the student cannot earn academic credit at the University of Dallas. If suspension occurs during the semester, no credit will be awarded for the semester and the student will not be eligible for incomplete grades. During the period of suspension students may not enter university premises or attend university sponsored events without prior written approval from the Director. The University may establish conditions to be satisfied during the period of suspension or requirements for re-entry. Suspension may be reviewed by the Committee on Student Discipline and by the Sr. Vice President.

Expulsion 

Student will be permanently separated from the campus community. The student is prohibited from entering university premises or attending university sponsored events. If expulsion occurs during the semester, no credit will be awarded for the semester and the student will not be eligible for incomplete grades. Expulsion may be reviewed by the Committee on Student Discipline and by the Sr. Vice President.

University Withdrawal 

Student may be administratively withdrawn from a class, a course, or all courses. A withdrawn student may also be prohibited from entering university premises and barred from re-enrollment until specific conditions are met. Reasons for university withdrawal include, but are not limited to:

  1. To prevent disruption of the education process.
  2. The student failed to respond to an official summons from a university official.
  3. The student has been suspended or expelled from the university.

University withdrawal is not subject to review by the Committee on Student Discipline or the Sr. Vice President.

Immediate Suspension

Immediate removal from all or part of the university premises while the conduct process is pending when a violation reasonably indicates that the student’s continued presence poses a substantial or immediate danger to the health, safety, or welfare of any member of the university community or to the university premises. Immediate Suspension is not subject to review by the Committee on Student Discipline or the Sr. Vice President.

No Contact Order

The Director, an official of Campus Security or the Sr. Vice President may impose a limited or campus-wide No Contact Order between parties involved in a conduct matter when the fear of retaliation and/or harassment may be present. Specific instructions will accompany the No Contact Order outlining expected behavior including face-to-face contact, correspondence, email, social media or telephone. Friends, relatives and other acquaintances are also prohibited from contact on behalf of either party. A no-contact order is not subject to review by the Committee on Student Discipline or the Sr. Vice President.

Part XI:

Conduct Process  

Administration

The conduct process proceeds under the direction of the Director of Student Affairs. The Director retains discretion to appoint a designee to act on behalf of the Director. Throughout the Code reference to the Director should also be considered to include reference to a designee of the Director.

Complaint Methods

Campus Safety Reports - Officers from the Campus Safety Office (CSO) write reports outlining violations of University policies by students, other members of the University community, and campus guests. They also generate reports documenting health and safety calls (i.e., ambulance, fire alarm, etc.). These reports are sent via email to Student Affairs and Residence Life staff.

Incident Reports - Resident Assistants document Code of Conduct violations and incidents that take place in the residence halls. When Resident Assistants (RA) are aware of a violation of University policies, they complete an on-line Incident Report (IR) form. Appropriate staff members are notified via email and can view the report on the Advocate Judicial System.

Conduct Complaints - University of Dallas community members, including students, faculty, staff, guests and visitors, may file a conduct complaint against a student alleging a violation of the Student Code of Conduct. University conduct complaint forms are available from the Office of Student Affairs web page. The University may institute an investigation or proceeding based on information it receives even if not filed as a formal student conduct complaint.

Preliminary Investigation

1. Investigation of Complaints - The director will investigate all suspected and reported violations of the code whether initiated internally without a formal complaint or when referred by students, faculty, staff, campus security, local law enforcement, guests, visitors or any other credible third party source.

a. Upon receiving a complaint, the director will designate an investigator who may be a member of the staff of the office of student life or campus security. In certain investigations, the title ix coordinator may also participate jointly in an investigation as described below.

b. The director will notify the title ix coordinator upon receipt of a complaint of sexual misconduct, domestic violence, dating violence and stalking subject to the requests for confidentiality as described below. The director will coordinate with the title ix coordinator throughout the investigation and will similarly coordinate with any law enforcement agencies that may be involved as appropriate. 

2. In matters of sexual misconduct, domestic violence, dating violence and stalking: 

a. Prior to beginning an investigation, the Director will review issues of confidentiality with the Complainant. If the Complainant requests confidentiality or requests that the complaint not be pursued, the Director will take all reasonable steps to investigate the complaint and will respond in the manner consistent with the Complainant’s request so long as doing so will not prevent the University from meeting its obligations under federal law. The Director will inform the Complainant that confidentiality in the conduct process cannot be assured.

b. If a Complainant insists that she/he remain anonymous in the investigation, the Director will inform the Complainant that such a request will limit the University’s ability to respond to the complaint. The Director will evaluate Complainant’s request for confidentiality in the context of the University’s responsibility to provide a safe and nondiscriminatory environment for all students.

c. The Director will inform Complainants and Responsible Student that retaliation will not be tolerated and that steps, such as No Contact Orders may be taken to prevent retaliation, and that strong action will be taken if retaliation occurs.

d. The Director will complete an investigation of allegations within sixty (60) calendar days of receiving notice except in exceptional circumstances as determined based on the availability of witnesses, the number of witnesses or the volume of documents to be collected and/or reviewed. The Director will regularly update the Complainant and if appropriate the Responsible Student on the status of the investigation.

e. The Director will notify the Complainant about the right to file a criminal complaint with appropriate law enforcement officials; however, a Complainant’s decision not to file a criminal complaint will not preclude the Director from proceeding with a requested investigation. Students who have not already contacted the Title IX Coordinator for cases involving sexual misconduct, domestic violence, dating violence or stalking will also be informed of the right to file a complaint with the Title IX Coordinator.

f. The Director will notify the Title IX Coordinator upon receipt of a complaint of sexual misconduct subject to the requests for confidentiality communicated by the Complainant. The Director will coordinate with the Title IX Coordinator throughout the investigation as set forth in university policy and will similarly coordinate with local law enforcement as appropriate.

3. Following the preliminary investigation the Director may take any of the following actions:

a. If the Director finds no information or evidence to support an alleged violation of the Code, the complaint will be closed with no further action. In cases of alleged sexual misconduct, domestic violence, dating violence and stalking, a notice that no further action will be taken will also be provided to the Complainant. 

b. If the Director finds reasonable cause to believe that a student may have engaged in conduct in violation of the Code, the Director will determine which of the following processes will be followed based on the nature and severity of the violation and/or whether the student alleged to have engaged in misconduct has a prior history of misconduct: 

i. Informal resolution will be assigned in cases that are likely to be resolved through mutual agreement to sanctions or in situations where the student has accepted responsibility for the misconduct.

ii. Administrative review will be assigned for minor violations that are not expected to result in a sanction of suspension or expulsion.

iii. Review by the Committee on Student Discipline will be assigned for misconduct that may result in suspension or expulsion. All alleged cases of sexual misconduct, dating violence, domestic violence and/or stalking will be assigned directly to the Committee unless during the investigative process the Responsible Party accepts responsibility for the alleged misconduct and does not seek to challenge the proposed sanction.

Notice of Complaint

1. Following a preliminary investigation and if a complaint is not otherwise closed, the Director will provide notice to the student alleged to have engaged in the misconduct (“Responsible Student”) which will include:

a. A summary of the alleged misconduct, the section of the Code that may have been violated and the possible sanctions.

b. The process that the Director has selected for resolution of the complaint including a date by which the student is expected to contact the Director to schedule the next step in the disciplinary process.

2. The Notice of Complaint will be delivered by hand-delivery, regular mail or emailed to a student’s official university email account. Students are responsible for maintaining a current, accurate mailing address with the University Registrar and for regularly reviewing their university email account.

3. In cases of alleged sexual misconduct, domestic violence, dating violence and/or stalking, the Notice of Complaint will be delivered concurrently to the Complainant. 

Informal Resolution

At the discretion of the Director and with mutual agreement, an alleged violation of the Code may be resolved informally. A final decision reflecting the mutual agreement of all parties, including the Director on behalf of the University, will be final with no subsequent proceedings.

1. Mediation between parties will not be considered to resolve allegations of sexual misconduct, domestic violence, dating violence and/or stalking.

2. Any student may refuse to engage in the informal resolution process at any time in which case the Director will determine whether the case should be referred for administrative review or review by the Committee on Student Discipline.

3. If the Director is unable to resolve a complaint informally, the case should be referred for administrative review or review by the Committee on Student Discipline at the discretion of the Director.

Administrative Review

The Director will hold a disciplinary conference with a Responsible Student to review the student’s alleged misconduct and to provide an opportunity for the student to respond directly to the alleged violation.

 

1. The Responsible Student may present relevant information regarding the alleged misconduct including witness information, documents, or any other information that would assist the Director in reaching a decision.

2. The student may be accompanied by an advisor but must represent him/herself at the conference. If the student will be accompanied by an attorney, the student must provide advance notice to the Director so that the University may also have counsel present.

3. If the Director determines after investigation and the disciplinary conference that the greater weight of the evidence indicates that a student engaged in misconduct in violation of the Code, the Director will deliver a Notice of Conduct Findings to the student which will identify the violation and will also include notice of the assigned sanctions. The decision of the Director will be final except for sanctions assigned as Level II Disciplinary Probation which may be appealed to the Committee on Student Discipline as described below.

4. If the Director determines that no violation of the Code has occurred, the student will be notified of the finding and no further action will be taken.

5. Reconsideration – If new information regarding misconduct or the reasonableness of the assigned sanction is made available within three (3) days after the Notice of Conduct Findings is issued, a student may request reconsideration by the Director. The Director may extend the timeframe in the interest of fairness. All sanctions may be reconsidered, but only if new information is available. 

Committee on Student Discipline

1. Review by the Committee on Student Discipline may be initiated either by:

a. Direct referral of a complaint by the Director.

b. By written appeal delivered to the Director by a Responsible Student who may be subject to level II disciplinary probation following an Administrative Review. In such cases the Responsible Student must submit a request for review to the Director no later than three (3) days after the date on the Notice of Conduct Finding. An appeal initiated by a Responsible Student to consider level II disciplinary probation will only be considered by the Committee on any one or more of the following grounds:

i. Substantial new evidence exists, which, if heard would likely change the outcome of the case.

ii. The procedure followed in the administrative review was flawed and therefore the result was either unfair or arbitrary.

iii. The sanction is inconsistent with previous sanctions and is therefore arbitrary or unfair.

c. In matters of sexual misconduct, domestic violence, dating violence or stalking, a Complainant may request review before the Committee directly. The Complainant must submit a request for review to the Director no later than three (3) days after the Notice of Complaint is issued.

2. The Committee will also be convened at the request of a Complainant in cases of alleged sexual misconduct, domestic violence, dating violence or stalking upon notice that the complaint will be closed based upon a lack of reasonable basis to proceed.

Proceedings Before the Committee on Student Discipline

1. A student seeking review of level II disciplinary probation must file a request for Committee review with the Director no later than three (3) days after receiving the Notice of Conduct Findings.

2. A Complainant in the case of alleged sexual misconduct, domestic violence, dating violence and stalking may file a request for Committee review with the Director no later than three (3) days after receiving the notice from the Director that the issue will be closed based on a lack of reasonable basis to proceed.

3. A Committee Chairperson will be appointed by the University along with three other members including at least one (1) representative from the faculty. Members of the Committee will be appointed from among a pool of qualified and trained University faculty staff and students except that students will not be appointed to a committee to consider cases of alleged sexual misconduct, domestic violence, dating violence and stalking. A student requesting Committee review may object to the presence of a Committee member prior to the start of the review based on a concern for the committee member’s capacity to make a fair and objective decision. Requests to remove a committee member will be decided by the chairperson. If objection is raised to the appointed chairperson, the decision regarding removal will be made by the Senior Vice-President.

4. The committee chairperson will schedule a date for a requested committee review which will typically be no fewer than ten (10) or more than twenty (20) days after the request was submitted. Time frames may be adjusted by the committee chair in the interest of fairness. Notice of the scheduled date will be provided to the student requesting the review.

5. No fewer than five (5) days before the scheduled review, the student requesting the review and the Director must submit the following information to the committee chair:

a. A written summary of their position,

b. A list of individuals, who will speak to the alleged misconduct on their behalf as witnesses,

c. A list of documents to be presented to the committee.

6. The committee chair will provide copies of all information submitted in advance of the committee review to all involved parties no fewer than three (3) days prior to the review.

7. The committee chair will preside over the committee review and make all decisions regarding review procedures.

a. Reviews will be conducted informally and will not apply traditional rules of courtroom evidence.

b. All parties will have equal time to present to the committee.

c. Committee members may ask questions of any individual making a presentation during the review; however, in cases of sexual misconduct, dating violence, domestic violence and sexual assault, all questions must be directed through the chairperson.

d. Students and the Director will have the opportunity to give a final summation of their case.

e. In matters of sexual misconduct, dating violence, domestic violence and stalking, the Complainant may not be required to appear in person. Complainants may be permitted to appear by telephone or other appropriate technology or configuration that will avoid direct confrontation with the Responsible Student.

f. In cases of sexual misconduct, the Director will not consider or entertain information relative to the past sexual history of the Complainant or the Responsible Student, except as it may directly relate to the incident being considered. Additionally, any use of alcohol or drugs at the time of the incident will not be considered as a mitigating circumstance. 

8. Committee reviews are not open unless approved by the chairperson.

9. Except as set forth in paragraph 5, students requesting reviews must attend in person. Except in emergency circumstances, if the requesting party fails to attend the review, the review may be dismissed and the decision of the Director will be final or the committee will issue a final decision in the absence of the Responsible Student.

10. A party requesting a review must present to the committee on their own behalf. A party may be assisted by an advisor, including an attorney, but only the student party may address the committee or ask questions. Attorneys will not be permitted to present evidence or argument before the Committee. Should a party be accompanied by an attorney, the University will also have an attorney present.

11. The Director must show, by the greater weight of the evidence, that the student engaged in conduct in violation of the Code and/or that the sanction imposed was reasonable based on the circumstances.

12. Within a reasonable period of time after the review concludes, the chairperson will provide the students, and in matters of sexual misconduct, domestic violence, dating violence and stalking, the Responsible Student and the Complainant with a summary of the committee’s findings and conclusions. Notices related to matters of sexual misconduct, dating violence, domestic violence and stalking will be prepared in compliance with FERPA. In cases of level II disciplinary probation, the committee may uphold, modify or reject the decision of the Director. The Director will take appropriate action based on the findings of the committee. The findings and conclusions of the committee are final, subject to review by the Senior Vice President in matters of suspension and expulsion.

Review by the Seniors Vice President

1. Within three (3) days of the committee decision to suspend or expel a Responsible Student, either the Responsible Student, the Director, or in matters of sexual misconduct, domestic violence, dating violence or stalking the Complainant may request a review by the Senior Vice President. The request for review must be submitted in writing and must outline the basis for the request. Appeal to the Senior Vice President is only permitted in the following circumstances:

a. Substantial new evidence exists, which, if heard, would likely change the outcome of the case.

b. The original hearing procedures were substantially flawed and therefore unfair.

c. The sanction is arbitrary and highly inconsistent with previous sanctions.

2. The Senior Vice President may request additional information but in general will review the matter based on the information presented and considered by the committee.

3. The Senior Vice President may uphold, reject or modify the decision of the committee and the decision will be final. In matters of sexual misconduct, domestic violence, dating violence or stalking, the final decision will be prepared in accordance with FERPA and delivered to both the Complainant and the Responsible Student.

Immediate Interim Suspension

1. A student may be immediately suspended from all or part of the university premises when alleged misconduct reasonably indicates that:

a. The presence of the student on the university premises poses substantial or immediate danger to the health, safety or welfare of any member of the university community or university property.

b. The student’s continued presence on the university premises poses substantial or immediate danger to the student’s own health, safety or welfare.

c. The presence of the student on the university premises poses a definite threat of disruption or interference with normal operations of the university.

2. Immediately suspended students will be immediately precluded from engaging in any activities, programs or events on the university premises or sponsored by the university.

3. An immediate suspension will remain in effect until the formal disciplinary process is complete unless otherwise altered by the Director.

4. An immediate suspension cannot be reviewed by the Committee.

5. In matters of sexual misconduct, domestic violence, dating violence or stalking, a Complainant may be provided notice regarding an immediate suspension in accordance with FERPA.

Effective Date of Sanctions 

Unless a student has been immediately suspended, any sanction imposed by the Director or the Committee will not take effect until the conduct process is complete.

Timeframes

1. Timeframes set forth in the Code are goals and the University’s inability to meet a timeframe will not render the procedures invalid.

2. Timeframes may be extended by mutual agreement of all parties or by approval of the Senior Vice President.

3. The timeframe for investigation of a matter of sexual misconduct, domestic violence, dating violence or stalking may be extended by the Senior Vice President based on the anticipated complexity of the investigation and the severity and extent of the alleged conduct. An extension of the stated timeframe for investigation will be communicated upon approval to all parties.

4. In matters of sexual misconduct, domestic violence, dating violence and stalking, the Director will deliver investigation updates to the parties no less than weekly during the investigation.

Part XII:

Revisions and Modifications

The President may amend or modify the requirements of the Code, as deemed warranted and appropriate in the President’s sole discretion.