UNIVERSITY OF NEW HAVEN
STUDENT CODE OF CONDUCT
The educational process is ideally conducted in an environment that encourages reasoned discourse, intellectual honesty, openness to constructive change, and respect for the rights of all individuals. The Student Code of Conduct is designed for the promotion and protection of such an environment at the University of New Haven.
The university embraces the philosophy that personal and academic freedom must be preserved and recognizes that the exercise of individual rights must be accompanied by an equal responsibility to assure that the same rights are not denied to others. By accepting membership in the university community, a student acquires the rights as well as the
responsibilities of that community. The university's approach to student discipline is an educative and preventive one. Discipline is the concern of the entire university community: student body, faculty, administration, and staff. Acting in the belief that representative student groups should share responsibility with other university personnel for enforcing campus policies and rules, the university allows provisions in its disciplinary process for student involvement in the resolution of student conduct matters.
University students are recognized as being both citizens in the larger community and members of an academic community. In their roles as citizens, students are free to exercise their fundamental constitutional
rights. Rights and responsibilities under local, state, and national laws are neither abridged nor extended by status as a student at the University of New Haven. However, as members of the academic community, students are expected to fulfill all responsibilities which accompany their membership. When the educational purpose of the institution is affected by the conduct of students, the university must exercise its disciplinary responsibilities in accordance with the authority of the Board of Governors of the University of New Haven and local, state, and federal laws. The administration of discipline for all students at the university is under the leadership of the Dean of Students, who shall:
1. Determine the composition of Student Conduct Boards and Appeals Review Boards and determine which Student
Conduct Board or Appeals Review Board shall be authorized to hear each matter.
2. Develop policies for the administration of the student conduct system and procedural rules for the conduct of the Student Conduct Board Hearings and the Appeals Review Board that are not inconsistent with provisions in the Student Code of Conduct. Decisions made by the Student Conduct Board and/or Student Conduct Administrator shall be final, pending the normal appeal process. In the case of an appeal, the decision of the Appeals Review Board shall be final.
The University of New Haven Student Code of Conduct shall apply to conduct that occurs on university premises, at university- sponsored activities, and to offcampus conduct that has the potential to adversely affect the university community, its reputation, and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, including without limitation conduct that may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment, and conduct that is not discovered until after a degree is awarded. The Student Code of Conduct shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. When students are alleged to have violated a law of the community, state, or nation, the university will not request special consideration for those individuals because of their status as members of the university community. The office of the Associate Provost for Student Affairs and Dean of Students is available to inform students of sources of legal and other appropriate assistance. It should be noted that unlawful acts, civil and criminal, committed off or on campus are inconsistent with university standards and educational goals. Students who are alleged to have committed, or have been convicted of committing, such acts may be subject to suspension, dismissal, and/or other sanctions at the discretion of the Dean of Students. In the case of serious circumstances, when it has been determined that a clear and present danger to the university community exists, a decision may be made by the university without a hearing. There will be no appeal of this decision. Prosecution of a student by federal, state, or local authorities will not preclude disciplinary action by the university. University disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of the Codeof Conduct. Certain proceedings under this Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus, even if the student is cleared of such charges. Effective with its publication, the material contained in this document shall serve as the official description of the student disciplinary system for the University of New Haven. References to this disciplinary system contained in such other publications as the catalog, the Residential Life section of the Student Handbook, and the Housing Agreement shall be derived solely from this source. In case of any conflicts or inconsistencies with any other rules, regulations, policies, and directives now existing, this Code of Conduct shall govern and shall be enforced by the university. The most current copy of university regulations will be found on the university's website.
1. The term "university" means the University of New Haven and all related campuses including all land, buildings, facilities, and other property owned, used, leased, or under the control of the university.
2. The term "student" includes all persons taking courses at the university, both full-time and part-time, pursuing undergraduate, graduate, or professional studies. Graduate students who serve as assistants or otherwise, and all other students employed part-time, are classified as students rather than as faculty or other university employees. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the university, or who have been notified of their acceptance for admission are considered students as are persons who are living in university residence halls although not enrolled in this institution. A person shall be considered a student during the period while the student is under suspension from the institution. The Student Code of Conduct applies at all locations where the university offers its educational programs.
3. The term "faculty member" means any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.
4. The term "university official" includes any person employed by the university and performing assigned administrative or professional responsibilities.
5. The term "member of the university community" includes any person who is a student, faculty member, or university official and any other person employed or retained by the university. A person's status in a particular situation shall be determined by the Vice President for Academic and Student Affairs.
6. The term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university, including but not limited to off-campus facilities and adjacent streets and sidewalks.
7. The term "university property" means all real and personal property owned or used by the university and includes without limitation all such property in the possession of, or subject to the control of, the university.
8. The term "organization" means any number of persons who have complied with the formal requirements for university recognition/registration.
9. The term "group" means three or more persons who are associated with each other and who have not complied with university requirements for registration as an organization.
10. The term "registered student organization" means a group or association of students which has complied with the requirements of registration as enumerated by the Office of the Dean of Students.
11. The term "university-sponsored activity" means any activity on or off campus which is initiated, aided, authorized, participated in, or supervised by the university.
12. The term "Student Conduct Board" means any person or persons authorized by the Associate Provost for Student Affairs and Dean of Students to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a rules violation has been committed.
13. The term "Student Conduct Administrator" means a university official authorized on a case-by-case basis by the Associate Provost for Student Affairs and Dean of Students to impose sanctions upon students found to have violated the Student Code of Conduct. The Dean may authorize a Student Conduct
Administrator to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Board. The Dean may authorize the same Student Conduct Administrator to impose sanctions in all cases.
14. The term "Appeals Review Board" means any person or persons authorized by the Associate Provost for Student Affairs and Dean of Students to consider an appeal from a Student Conduct Board's determination as to whether a student has violated the Student Code of Conduct or from the sanctions imposed by the Student Conduct Administrator.
15. The term "shall" is used in the imperative sense.
16. The term "may" is used in the permissive sense.
17. The Associate Provost for Student Affairs and Dean of Students is that person designated by the University President to be responsible for the administration of the Student Code of Conduct.
18. The term "policy" means the written regulations of the university as found in, but not limited to, the Student Code of Conduct, Student Handbook, university web page and computer use policy, and Graduate/Undergraduate Catalogs.
19. The term "cheating" includes but is not limited to: (1) the use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) the use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the university faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion; (5) other conduct of a like or similar nature.
20. The term "plagiarism" includes but is not limited to: (1) the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment; (2) the unacknowledged use of materials prepared by another person or agency engaged in the selling and/or distribution of term papers or other academic materials; (3) other conduct of a like or similar nature.
21. The term "Complainant" means any person who submits a charge alleging that a student violated this Student Code of Conduct. When a student believes that s/he has been a victim of another student's misconduct, the student who believes s/he has been a victim will have the same rights under this Code as are provided to the Complainant, even if another member of the university community submitted the charge itself.
22. The term "Accused Student" means any student accused of violating this Student Code of Conduct.
VI. PROSCRIBED CONDUCT
Rules and Regulations
Any student found to have committed or to have attempted to commit the following is conduct is subject to the disciplinary sanctions outlined in Article VII:
1. Academic misconduct: a. cheating, plagiarism, or other forms of academic dishonesty; b. using unauthorized books, notes, or other sources of information during an examination; c. submitting another person's work as one's own, to include copying papers, reports, or laboratory results and presenting material from another source, either directly or by paraphrase, without acknowledgment; d. doing work for which another person will receive credit, to include allowing one's examination answers, reports, or laboratory results to be submitted by another as his/her own work; e. submitting the same work for more than one course without express written permission in advance; f. unauthorized reading, removing, or copying of any academic record maintained by any member of the faculty or administration; g. violation of Chapter 949-b of the Connecticut General Statutes entitled "Academic Crimes."
2. Actual or threatened abuse, physical assault, or injury to persons.
3. Actual or threatened sexual assault, which includes, but is not limited to, unwanted sexual touching. (Refer to the Sexual Harassment Policy.)
4. Harassment and/or intimidation: conduct causing alarm, or recklessly creating a risk, by: a. threatening to commit crimes against persons or their property; b. exhibiting, distributing, posting, or advertising publicly offensive, indecent, or abusive matter concerning persons; c. using abusive or obscene language or making obscene gestures or any act of public indecency; d. sexual harassment, including, without limitation, making unwelcome sexual advances or requests for sexual favors; e. making personal slurs or using epithets based on race, sex, ethnic origin, disability, religion, sexual orientation, or other protected category; f. harassment or intimidation of persons involved in a university disciplinary hearing or of persons in authority who are in the process of discharging their responsibilities; g. any threats, harassment, unwanted sexual advances, intimidation, personal slurs delivered via any electronic communications such as email or the World Wide Web. (Refer to Internet, Email, and Computer Policies.)
5. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.
6. Detaining anyone on university property in a room, building, or other area by force, threat, or intimidation or in any other way restricting their freedom of movement.
7. Disorderly conduct: conduct causing inconvenience, annoyance, or alarm, including any action which can reasonably be expected to disturb academic pursuits or to interfere with or infringe upon the privacy, rights, privileges, health, or safety of the university community.
8. Electronic Devices: cellular phones, pagers, and other electronic devices shall not be used in a manner that causes disruption in the classroom, library, or any university-owned or university-operated facilities. This includes abuse of cellular devices with photographic capability. Utilizing these devices for the purposes of photographing test questions or for other forms of academic misconduct or illegal activity is prohibited, as is photographing individuals in secured areas such as lavatories or locker rooms. Taking photographs of any individuals against their will or without their knowledge is strictly prohibited.
9. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other activities of the university, including its public service functions on or off campus, or of other authorized non-university activities, when the act occurs on university premises.
10. Violation of the university substance abuse policy.
11. Violation of the university alcoholic beverage policy.
12. Behaviors or activities which are a danger to the safety of self or others.
13. Possession of a firearm either loaded or unloaded except in the case of certified police officers.
14. Possession and/or use of weapons, fireworks, or other hazardous materials or replicas of firearms. A weapon is any object or substance which is capable of causing injury, including, without limitation, all firearms, facsimile firearms, paintball guns, air guns, switchblade knives, knives with blades four or more inches in length, dangerous materials and chemicals such as "mace" or teargas, but excluding normally available over the- counter self-defense chemical repellents.
15. Possession and/or use of laser pointers, except in the case of official classroom presentations.
16. Possession and/or use of bombs, facsimile bombs, or other explosive devices or the threat, verbal or written, that any such bomb or explosive device has been or may be implanted in or upon any property of the university or elsewhere.
17. Violation of fire regulations. This includes, but is not limited to, failure to comply with administrative building or residence hall evacuation procedures, tampering with fire protection apparatus, causing false fire alarms, arson, and unauthorized use of electrical equipment.
18. False reporting of emergency. The false report of a bomb, fire, or other emergency in any building, structure, or facility by means of activating a fire alarm or emergency telephone or in any other manner.
19. Destruction, vandalism, abuse, misuse, theft, attempted theft, or unauthorized use/possession of personal/ university property or facilities.
20. Unauthorized entry into or presence in any university building or facility.
21. Falsification, forgery, misuse, or modification of any university document, record, or instrument of identification.
This includes, but is not limited to, transcripts, registration materials, withdrawal forms, grade reports, identification cards, time cards, absence excuses, applications, contracts, and agreements. It also includes furnishing false information to a university official, office, or disciplinary body.
22. Violation of the university's Acceptable Computer and Network Usage Policy.
23. Unauthorized possession, duplication, or use of keys to any university premises or unauthorized entry to or use of university premises.
24. Violation of Housing and Food Service Agreements and related policies.
25. Violations of university motor vehicle and parking regulations.
26. Violations of the Student Demonstration Policy.
27. Violation of local, state, or federal laws as stated in Article IV.
28. Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university-sponsored or supervised functions.
29. Interference with firefighters, police officers, student patrol, or other university employees engaged in performance of their official duties.
30. Failure to comply with the directions of or to provide identification to any properly identified member of the university administration, police department, faculty, or staff engaged in the performance of official duties. 31. Abuse of the disciplinary system, including but not limited to: a. failure to appear at a hearing as requested by a Student Conduct Board or university official; b. falsification, distortion, or misrepresentation of information before a Student Conduct Board; c. disruption or interference with the orderly conduct of a disciplinary proceeding; d. institution of a disciplinary proceeding knowingly without cause; e. attempting to discourage an individual's proper participation in, or use of, the disciplinary system; f. attempting to influence the impartiality of a member of a Student Conduct Board prior to and/or during the course of a disciplinary proceeding; g. harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a disciplinary proceeding; h. failure to comply with sanction(s) imposed under the Student Code of Conduct; i. influencing or attempting to influence another person to commit an abuse of the disciplinary system.
32. Unauthorized use of the name or insignia of the University of New Haven.
33. Holding a raffle or lottery on campus property without proper university and other approval.
34. Organized gambling and/or participation in any gambling activity that involves bookmakers, parlay cards, or any other similar method.
35. Unauthorized or fraudulent use of the services provided by or damage to the university telephone system.
36. Misuse of the emergency telephone system.
37. Violations of policies and regulations which pertain to student organizations and activities, including, but not limited to, registration/recognition, elections, scheduling of facilities, and use of university funds.
38. Violation of the university policy on solicitation or sale of material on campus.
39. Failure to meet a financial obligation to the university. This includes, but is not limited to, refusal to pay delinquent accounts and use of worthless checks or money orders in payment to the university or its authorized vendors.
40. Possession of dogs, cats, or other animals on university property except for service dogs.
41. Violation of published university policies, rules, or regulations. The above are examples of misconduct but are not intended to be an exhaustive listing. Students are required to engage in responsible social conduct that reflects credit upon the university community and to model good citizenship in any community.
VII. STUDENT CONDUCT CODE
A. CHARGES AND STUDENT CONDUCT
1. A complaint against a student for a violation of the Student Code may be brought by any member of the university community or by a university official on behalf of the university. Complaints must be prepared in writing on the standard complaint form, in a letter or memorandum, or on an Incident Report Form. (Forms may be obtained from University Police, Dean of Students' Office, or Office of Residential Life.) Complaints must contain the name(s) of the individual(s) involved and circumstances of the complaint, including specific dates, times, and locations, and name(s) and address(es) of the person(s) filing the report. Complaintsshould be submitted as soon as possible after the event takes place, preferably within 14 days, but generally must be filed no later than 90 days from the date of the incident to one of the following offices: Dean of Students, Residential Life, or University Police.
2. The Student Conduct Administrator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties and the Student Conduct Administrator. In such event, the disposition shall be final, and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter as the Student Conduct Board or a member thereof. If the student admits to the violation but agreement is not reached as to what the sanction should be, subsequent proceedings, including a hearing if necessary, shall be limited to determining the appropriate sanction(s). 3. The student will be notified that a complaint has been filed against him/her. All charges shall be presented to the Accused Student in written form. A time shall be set for a Student Conduct Board Hearing, not less than five nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of Student Conduct Board Hearings may be extended at the discretion of the Student Conduct Administrator. 4. The Accused Student shall have access to the complaint that may be used against him/her, except University Police reports when criminal matters are pending. Access shall be defined as the ability to review records in the presence of a Student
Conduct Administrator. This information will be available in the Dean of Students' Office. 5. Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by Article VII(A)(7) below: a. Student Conduct Board Hearings normally shall be conducted in private. b. The Accused Student shall have the right to admit responsibility, not admit responsibility, or remain silent at the hearing. If the Accused Student chooses to remain silent, it will be assumed that the student is not admitting responsibility, and the hearing will proceed. c. The Complainant, Accused Student, and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student
Conduct Board and/or its Student Conduct Administrator. d. In Student Conduct Board Hearings involving more than one Accused Student, the Student Conduct Administrator, at his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly. e. The Complainant and the Accused Student have the right to be assisted by an advisor they choose who is a member of the university community and may not be an attorney. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. f. The Complainant, the Accused Student, and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be asked by the
Accused Student and/or Complainant to be answered by each other or by other witnesses. Deviations from this procedure will be at the discretion of the Student Conduct Administrator. Questions of whether potential information will be received shall be resolved by the chairperson of the Student Conduct Board. g. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the Student Conduct Administrator. h. All procedural questions are subject to the final decision of the Student Conduct Administrator. i. After the portion of the Student Conduct Board Hearing concludes in which all available pertinent information has been received, the Student Conduct Board determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Accused Student has violated the Student Code. k. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Student Code.
l. Normal rules of process or procedure and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
6. There shall be a single verbatim record, such as a tape recording, of all Student Conduct Board Hearings before a Student Conduct Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the university.
7. If an Accused Student, with notice, does not appear before a Student Conduct Board Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.
8. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness
during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined by the sole judgment of the Dean of Students to be appropriate.
9. All determinations of responsibility will be based only on the information presented before the hearing body, but previous or current disciplinary action taken against students will be used in the consideration of the sanction.
10. Written notification of the hearing body's decision and a short decision rationale will be mailed within five (5) working days after the conclusion of the hearing.
11. The hearing body will prepare a written justification for the sanction imposed in each case. This justification shall be included as part of the student's disciplinary file.
12. Except where they have waived the right to a formal hearing, students have the right to appeal the written decision of the hearing body within five (5) working days of receipt. Criteria for appeal shall be stated on the appeal form. Appeal criteria are explained elsewhere in this handbook.
13. Students generally have the right to continue in their student status until the conclusion of disciplinary proceedings, except in those instances where interim suspension procedures are applied.
The following sanctions may be imposed upon any student found to have violated the Student Code:
1. Case Dismissed. Any action which closes a case for either of the following reasons: a. The complainant(s) withdraws the complaint prior to the convening of the original hearing body unless the Dean of Students considers it to be in the interest of the university to continue the matter. b. A not responsible finding is reached by the hearing body.
2. Warning. A notice in writing to the student that the student is violating or has violated institutional regulations and indicating that repetition of infractions of university regulations will result in more severe disciplinary action.
3. Probation. A written reprimand for a specific violation. Probation is for a designated period of time during which a student must show a positive change in behavior and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. Disciplinary probation is a status which may involve restrictions, conditions, or terms imposed for a definite period of time which may include but are not limited to ineligibility to participate in university activities or events, periodic contact or counseling with a designated member of the university community, restrictions on access to university facilities and/or housing areas, and change of housing assignment.
4. Loss of Privileges. Denial of specified privileges for a designated period of time. Such action includes but is not
limited to use of a specific university facility, campus motor vehicle parking and operating privileges, and social privileges. The Student Conduct Board must specify the date after which the student may regain these privileges.
5. Fines. Previously established and published fines may be imposed.
6. Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
7. Discretionary Sanctions. Work assignments, essays, service to the university, or other related discretionary assignments. A work project or special assignment imposed by a Student Conduct Board. Failure to complete a discretionary sanction by the date set by the Student Conduct Board will result in further disciplinary action.
8. Parental Notification. Notification to a student's parents that the student has been involved in a violation of the Code of Conduct.
9. Residence Hall Suspension. Prohibition of the student from living in or visiting the residence halls for a specified period of time. The student may not reapply for a residence room until the suspension is concluded. This sanction can include such measures as suspension from the halls for specified time periods, such as weekends.
10. Residence Hall Expulsion. Permanent prohibition of the student from living in or visiting the residence halls.
11. University Suspension. Separation of the student from the university for a definite period of time during which the student is excluded from classes, residence on campus, and all privileges and activities of the university. During a period of suspension, a student is not permitted on university property without the written permission of the Dean of Students. Suspension is recorded on the student's academic record for the period of the suspension and removed upon completion of the suspension period. Upon termination of the suspension period, the student may petition the Dean of Students for reinstatement to his/her former student status; readmission/ reinstatement must be approved by the Dean. The university reserves the right to readmit or deny readmission to a student following a period of suspension.
12. University Expulsion. Permanent termination of student status without possibility of readmission to the university. An expelled student is not permitted on university property. A sanction of expulsion must be reviewed and approved by the Vice President for Academic and Student Affairs and the President before it becomes effective. Expulsion is recorded on the student's academic record.
13. Revocation of Admission and/or Degree. Admission to or a degree awarded from the university may be revoked for fraud, misrepresentation, or other violation of university standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
14. Withholding of Degree. The university may withhold awarding of a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including completion of any sanctions imposed.
15. Sanctions Applicable to Student Clubs, Groups, and Organizations. If a recognized student organization violates a policy or regulation of the university or local, state, or federal law, one or more of the following sanctions may be imposed. a. Those sanctions listed above in Article VII (B) 1-6. b. Loss of selected rights and privileges for a specified period of time. c. Deactivation, defined as loss of all privileges, including university recognition, for a specified period of time. More than one of the sanctions listed above may be imposed for any single violation. In each case in which a Student Conduct Board determines that a student and/or group or organization has violated the Student Code, the sanction(s) shall be determined and imposed by the Student Conduct Administrator. In cases in which persons other than, or in addition to, the Student Conduct Administrator have been authorized to serve as the Student Conduct Board, the recommendation of the Student Conduct Board shall be considered by the Student Conduct Administrator in determining and imposing sanctions. The Student Conduct Administrator is not limited to sanctions recommended by members of the Student Conduct Board. The Dean of Students reserves the right to review and alter sanctions imposed by a Student Conduct Administrator or Student Conduct Board. Following the Student Conduct Board Hearing, the
the Student Conduct Administrator shall advise the Accused Student, group and/or organization (and a complaining student who believes s/he was the victim of another student's violent conduct including sexual assault) in writing of its determination and of the sanction(s) imposed, if any. The complainant bears the responsibility of pursuing the matter before a Student Conduct Board. The complainant may withdraw his/her Notification of Complaint only by submitting a written statement to the Dean of Students prior to the convening of the original Student Conduct Board. In that case, the Dean of Students will notify the appropriate parties as soon as possible thereafter. However, the university reserves the right to pursue disciplinary action in cases where the complainant chooses to withdraw a complaint. In instances in which psychological or medical problems may be indicated, the Dean of Students or designee may refer the student for appropriate counseling or treatment. Individuals found to be in violation of the specific conditions of their suspension or expulsion may be subject to further disciplinary action and/or criminal prosecution.
C. PARENTAL NOTIFICATION
The Dean of Students or designee has the authority to determine when and by what means to notify parents or guardians when students under the age of 21 are found to have committed serious or repeated violations of university policies related to the possession, use, or distribution of alcohol or drugs. The Dean of Students or University Police may also notify parents or guardians of student health or safety emergencies. If university personnel perceive that a student is engaging in behavior that is a risk to himself/herself or others, the student may be transported to an emergency room for evaluation.
D. ACADEMIC HONESTY VIOLATIONS Violations of university standards for academic honesty, including but not limited to plagiarism, will be sufficient reason for an F in the course and will be reported to the Dean of Students. A second violation may be cause for expulsion from the university.
E. EMERGENCY AND EXTRAORDINARY
It is impossible to anticipate every circumstance under which the disciplinary authority of the university must be exercised. Also, it is possible that compelling circumstances may require that certain procedures normally afforded students be suspended by the university. Students who pose a serious risk of imminent harm (e.g., threats of violent acts against students and/or staff) will be expelled immediately.
In certain circumstances, the Dean of Students, or a designee, may impose a university or residence hall suspension prior to a Student Conduct Board Hearing.
1. Interim suspension may be imposed only: a. to ensure the safety and wellbeing of members of the university community or preservation of university property; b. to ensure the student's own physical or emotional safety and wellbeing; or c. if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the university.
2. During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other university activities or privileges for which the student might otherwise be eligible, as the Dean of Students or the Student Conduct Administrator may determine to be appropriate.
3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Board Hearing, if required.
4. Unless modified by the Dean, the student's activities during the interim suspension are subject to the same restrictions and conditions set forth under regular suspension. Interim suspension shall continue until a hearing results in the reinstatement, suspension, or expulsion of the student.
5. If the Student Conduct Board recommends suspension or expulsion, the interim suspension shall continue during any period of appellate review.
6. If the Student Conduct Board recommends disciplinary action less severe than suspension, the period of interim suspension shall be lifted.
7. Unless the student is suspended or expelled from the university as the result of the hearing process, he/she will be assisted by the Provost's Office in the making up of academic requirements, to the extent feasible.
8. Resident students will normally be given no more than two (2) hours to vacate the residence hall if interim suspension is imposed. Students who violate the terms of any interim suspension shall be subject to further disciplinary action and possible arrest. The university reserves the right to continue the interim suspension of a student without a hearing in cases where offcampus legal action is pending against that student. The interim suspension will continue until such time as the matter has been resolved through off-campus proceedings and a hearing before the Dean of Students or designee. Students under interim suspension from the university and/or residence halls pending a disciplinary hearing are not entitled to a reimbursement of their tuition, housing, and other fees for the period of interim suspension. If after six months, or within 30 days of the final disposition of a criminal case, there is no change in the status of interim suspension or interim residence hall suspension, the suspension shall become permanent and result in expulsion from the university or the residence halls. A student may apply for one or more extensions for periods of 90 days for good cause as determined by the university. It is the responsibility of the student to contact the Dean of Students regarding any circumstances affecting his or her status. A student who withdraws prior to a disciplinary case's being heard will not be permitted to return to the institution as a student in the future. A Permanent Administrative Withdrawal will be noted on the student's transcript.
1. A decision reached by the Student Conduct Board or a sanction imposed by the Student Conduct Administrator may be appealed by the Accused Student(s) or Complainant(s) to an Appeals Review Board within five (5) working days of the date of receipt of the original written decision. If no appeal is made within the prescribed time period, the original decision of the Student Conduct Board shall be final, conclusive, and effective immediately. Such appeals shall be in writing and shall be delivered to the Student Conduct Administrator or his or her designee.
2. An appeal shall be limited to a review of the verbatim record of the Student Conduct Board Hearing and supporting documents for one or more of the following purposes: a. To determine whether the Student Conduct Board Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed
procedures, giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a
basis for sustaining an appeal unless the Appeals Review determines that significant prejudice resulted from such deviation. b. To determine whether the decision reached regarding the Accused Student was based on substantial information; that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred. c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed. d. To consider new information sufficient to alter a decision or other relevant facts not brought out in the original hearing because such information and/or facts were not known or available to the person appealing at the time of the original Student Conduct Board
3. If an appeal is upheld by the Appeals Review Board, the matter may be returned to the original Student Conduct Board and Student Conduct Administrator for re-opening of the Student Conduct Board Hearing to allow reconsideration of the original determination and/or sanction(s) or recommend a change in the original decision to the Dean of Students. If an appeal is not upheld, the matter shall be considered final and binding upon all involved.
VIII. DISCIPLINARY RECORDS
All records of disciplinary action are maintained confidentially in the Dean of Students' Office. In cases that involve suspension or expulsion from the institution, the necessary academic and administrative departments are notified. Action involving expulsion from the university shall be recorded on the academic transcript. No one outside of the institution shall have access to a student's disciplinary record, nor will the Associate Provost for Student Affairs and Dean of Students disclose any information in these records without the written consent of the student involved except as may be provided in the Family Rights and Privacy Act of 1974 (described elsewhere in the Student Handbook) or as otherwise required by law. Unless otherwise defined by the student on the student permission form, access shall be defined as the ability to review records in the presence of a Student Conduct Administrator. Students wishing to review their disciplinary records may do so by making a written request to the Dean of Students' Office. Records will be made available within one (1) working day from the date of the request. Students who believe that their disciplinary records contain information that is inaccurate, misleading, or otherwise in violation of privacy or other rights should follow procedures described in the Family Rights and Privacy Act of 1974 in order to correct them. Disciplinary records shall be retained for a minimum period of seven (7) years from the date the student leaves the university. Records of suspension or expulsion shall be retained indefinitely.
IX: INTERPRETATION AND
A. Any question of interpretation or application of the Student Code shall be referred to the Dean of Students or his or her designee for final determination.
B. The Student Code shall be reviewed every two years under the direction of the Student Conduct Administrator.