Student Conduct

Preamble

As a Catholic, Dominican University, Barry stands for the human dignity and worth of every person. Members of the campus community must act out of mutual respect to establish an atmosphere of trust. We believe in values that foster the human respect for people to live, work, study and recreate together as a community. Enrollment in Barry University presumes an obligation on the part of the student to act at all times in a manner compatible with the university's purpose, processes and functions. Students are expected to uphold standards of personal and academic integrity and behavior. Further, students are expected to respect the rights and privileges of all members of the Barry University community. If the behavior or conduct of a student infringes on other members of the community or negatively impacts the institution, Barry University reserves the right to address the behavior through the student conduct process outlined in this publication.

The university, through the Division of Student Affairs, has established the Student Code of Conduct. Each student is required to abide by this code. The Student Code of Conduct is designed to assist in building an integrated, vibrant community that fosters the personal development of every Barry University student.

Conduct Expectations

Barry University students enroll voluntarily in a private, Catholic educational institution. Students who find their personal values incompatible with those of the university's, and/or are unable to respect the university's values, may wish to pursue their education at an institution which is more in line with their own personal values. Likewise, the university may ask students whose behavior is incompatible with the mission of, and principles held by, the university to leave the institution.

Students are expected to act responsibly and to avoid conduct detrimental in its effect upon themselves, their fellow students and the university, both on-and-off-campus. Students are expected to know and abide by all university rules, regulations, policies and standards, and by local, state and federal laws. Students are expected to uphold both the mission of the university and the Student Code of Conduct in action and deed while they attend Barry University. Ignorance of university rules and regulations will not be considered as an excuse for violations.

Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct procedures are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Due process, as defined within these procedures, assures written notice and a hearing before an objective decision-maker. No student will be found in violation of University policy without information showing that it is more likely than not that a policy violation occurred and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.

I. Definitions

  1. The term "University" means Barry University
  2. The term "student" includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate or professional studies. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuous relationship with the University or who have been notified of their acceptance for admissions are considered "students" as are persons who are living in the University residence halls, although not enrolled in this institution. The Student Code of Conduct does apply at all locations of the University, including the all sites in which the University conducts classes. It also applies to student studying abroad.
  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, performing assigned administrative or professional responsibilities.
  5. The term "member of the University community" includes any person who is a student, faculty member, staff member or any other person employed by the University. A persons’ status in a particular situation shall be determined by the Vice President of Student Affairs, or his or her designee.
  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 adjacent streets and sidewalks.
  7. The term "organization" means any number of persons who have complied with the requirements for University recognition.
  8. The term "Student Conduct Board" means any person or persons authorized by the Vice President of Student Affairs, or his or her designee, to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a rules violations has been committed.
  9. The term "Student Conduct Officer" means a University official authorized by the Vice President of Student Affairs, or his or her designee, to impose sanctions upon any student(s) found to have violated the Student Code of Conduct. The Vice President of Student Affairs, or his or her designee, may authorize a Student Conduct Officer to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Board.
  10. The term "shall" is used in the imperative sense
  11. The term "may" is used in the permissive sense.
  12. The Vice President of Student Affairs, or his or her designee, is that person designated by the University to be responsible for the administration of the Student Code of Conduct.
  13. The term "policy" means the written regulations of the University as found in, but not limited to, the Student Code of Conduct, the Housing and Residence Life Handbook, the University’s web page and computer use policy, and Graduate/Undergraduate Catalogs.
  14. The term "Cheating" includes, but is not limited to: (1) use of any unauthorized assistance in taking tests, quizzes, or exams; (2) use of sources beyond those authorized by the faculty member in writing papers, preparing reports, solving problems or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belong 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.
  15. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
  16. The term "Complainant" means any person who submits a charge alleging that a student violated the 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 the Student Code of Conduct as are provided to the Complainant, even if another member of the University community submitted the charge itself.
  17. The term "Respondent" means any student accused of violating the Student Code of Conduct
  18. The term "Advisor" means a person working with either the Complainant or Respondent. This person may be a friend, mentor, family member, attorney or other supporter a party chooses to advise them during the conduct process who is both eligible and available. All advisors are subject to the same campus rules, whether they are attorneys or not. Advisors may not present on behalf of their advisee in a meeting, interview or conduct meeting.

II. Student Code of Conduct Authority

The Vice President of Student Affairs, or his or her designee, shall develop policies for the administration of the student conduct system and procedural rules for the Student Conduct Board Hearings that are not inconsistent with the provisions of the Student Code of Conduct. Decisions made by a Student Conduct Board and/or Student Conduct Officer shall be final, pending the normal appeals process.

The University Student Code of Conduct shall apply to conduct that occurs on University premises, University sponsored activities, and to off-campus conduct that adversely affect the University Community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of acceptance for admission through the actual awarding of a degree, even though the conduct 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 even if their conduct 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 discipline matter is pending. The Vice President of Student Affairs, or his/her designee, shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus, on a case by case basis, at his/her sole discretion.

III. Proscribed Conduct

  1. Jurisdiction of the University Student Code
    The university, through the Division of Student Affairs, has established the Student Code of Conduct. Each student is required to abide by this code. The Code is designed to assist in building an integrated, vibrant community that fosters the personal development of every Barry University student. As a member of the Barry community, it is your responsibility to be familiar with the Student Code of Conduct and the university policies and procedures included in the Student Handbook.

    The University Student Conduct Code shall apply to conduct that occurs on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admissions through the actual awarding of a degree, even though conduct 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 even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Vice President of Student Affairs, or his or her designee, shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion

  2. Student Code of Conduct – Community Standards and Behavioral Expectations
    The University considers the behavior described in the following sub-sections as inappropriate for the University community and in opposition to the core values set forth in this document. These expectation and rules apply to all students, whether undergraduate, graduate, doctoral or professional. The University encourages community members to report to University officials all incidents that involve the following actions. Any student found to have committed or to have attempted to commit the following misconduct is subject to the sanctions outlined in Conduct Procedures.

    Integrity: University students exemplify honesty, honor and a respect for the truth in all their dealings. Behavior that violates this value includes, but is not limited to:

    1. Conduct Unbecoming of a Barry Student.Enrollment in Barry University presumes an obligation on the part of the student to act at all times in a manner compatible with the university's mission, core commitments and functions. Students are expected to uphold standards of personal and academic integrity and behavior. Further, students are expected to respect the rights and privileges of all members of the Barry University community.

    2. Falsification.Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification or financial instruments;

    3. Academic dishonesty.Acts of academic dishonesty as outline in the Academic Dishonesty Policy found in the Student Handbook and the University Catalogue.

    4. Unauthorized access.Unauthorized access to any University building (i.e., keys, cards, etc.) or unauthorized possession, duplication or use of means of access to any University building or failing to timely report a lost University identification card or key;

    5. Collusion.Action or inaction with another or others to violate the Code of Student Conduct;

    6. Trust.Violations of positions of trust within the community;

    7. Election Tampering.Tampering with the election of any University recognized student organization (minor election code violations are addressed by the Student Government Association);

    8. Theft.Intentional and unauthorized taking of University property or the personal property of another, including goods, services and other valuables;

    9. Stolen Property.Knowingly taking or maintaining possession of stolen property.

    Community: University students build and enhance their community. Behavior that violates this value includes, but is not limited to:

    1. Disruptive Behavior.Disruption of University operations including obstruction of teaching, research, administration, other University activities, and/or other authorized non-University activities which occur on campus;

    2. Rioting.Causing, inciting or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property;

    3. Unauthorized Entry. Misuse of access privileges to University premises or unauthorized entry to or use of buildings, including trespassing, propping or unauthorized use of alarmed doors for entry into or exit from a University building;

    4. Trademark. Unauthorized use (including misuse) of University or organizational names and images;

    5. Damage and Destruction. Intentional, reckless and/or unauthorized damage to or destruction of University property or the personal property of another;

    6. IT and Acceptable Use. Violating the University Computer Use Policy, found in the Student Handbook;

    7. Gambling. Gambling as prohibited by the laws of the State of Florida. (Gambling may include raffles, lotteries, sports pools and online betting activities. For more information, See Policies in Student Handbook, "Community Standards");

    8. Weapons. Possession, use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, or knives with a blade of longer than four (4) inches, including the storage of any item that falls within the category of a weapon in a vehicle parked on University property, (For more information see Policies in Student Handbook, "Weapons Policy";

    9. Tobacco. Smoking, tobacco or e-cigarette use in any indoor area, work area or living space owned or leased by the University. (For more information see Policies in Student Handbook "Smoking Policy".);

    10. Fire Safety. Violation of local, state, federal or campus fire policies including, but not limited to:

      1. Intentionally or recklessly causing a fire which damages University or personal property or which causes injury.
      2. Failure to evacuate a University-controlled building during a fire alarm;
      3. Improper use of University fire safety equipment; or
      4. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University property. Such action may result in a local fine in addition to University sanctions;
    11. Ineligible Pledging or Association. Pledging or associating with a student organization without having met eligibility requirements established by the University;

    12. Animals. Animals, with the exception of animals that provide assistance (e.g. seeing-eye dogs), and pets as outlined in the Residence Life Handbook, are not permitted on campus except as permitted by law;

    13. Wheeled Devices. Skateboards, roller blades, roller skates, bicycles and similar wheeled devices are not permitted inside University buildings, residence halls or on tennis courts. Additionally, skateboards and other wheeled items may not be ridden on railings, curbs, benches, or any such fixtures that may be damaged by these activities and individuals may be liable for damage to University property caused by these activities.

    Social Justice: Students recognize that respecting the dignity of every person is essential for creating and sustaining a flourishing university community. They understand and appreciate how their decisions and actions impact others and are just and equitable in their treatment of all members of the community. They act to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others. Conduct that violates this value includes, but is not limited to:

    1. Discrimination. Any act or failure to act that is based upon an individual or group’s actual or perceived status (sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, or sexual orientation, or other protected status) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the University’s educational program or activities;

    2. [Unwelcome] Harassment. Any unwelcome conduct based on actual or perceived status including: sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the victim and community.

      1. Hostile Environment. Sanctions can and will be imposed for the creation of a hostile environment only when [unwelcome] harassment is sufficiently severe, pervasive (or persistent) and objectively offensive that it unreasonably interferes with, limits or denies the ability to participate in or benefit from the University/College’s educational or employment program or activities;
    3. Retaliatory Discrimination or Harassment. Any intentional, adverse action taken by an responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant [or supporter of a participant] in a civil rights grievance proceeding or other protected activity [under this Code];

    4. Bystanding.

      1. Complicity with or failure of any student to [appropriately] address known or obvious violations of the Code of Student Conduct or law;
      2. Complicity with or failure of any organized group to [appropriately] address known or obvious violations of the Code of Student Conduct or law by its members;
    5. Abuse of Conduct Process. Abuse or interference with, or failure to comply in, University processes including conduct and academic integrity hearings including, but not limited to:

      1. Falsification, distortion, or misrepresentation of information;
      2. Failure to provide, destroying or concealing information during an investigation of an alleged policy violation;
      3. Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system;
      4. Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or following a campus conduct proceeding;
      5. Failure to comply with the sanction(s) imposed by the campus conduct system;
      6. Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.

    Respect: University/College students show positive regard for one self and each other and for the community. Behavior that violates this value includes, but is not limited to:

    1. Harm to Persons. Intentionally or recklessly causing physical harm or endangering the health or safety of any person;

    2. Threatening Behaviors:

      1. Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
      2. Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another;
    3. Bullying and Cyberbullying. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression;

    4. Hazing. Defined as an act that endangers the mental or physical health or safety of a student, or that 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. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent and/or failing to discourage and/or failing to report those acts may also violate this policy;

    5. Intimate Partner/Relationship Violence. Violence or abuse by a person in an intimate relationship with another;

    6. Stalking. Stalking is a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear (See Policies in Student Handbook "Stalking Policy" for further information);

    7. Sexual Misconduct. Includes, but is not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation (See Policies in Student Handbook "Sexual Misconduct Policy" for further information);

    8. Public Exposure. Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.

    Responsibility: University students are given and accept a high level of responsibility to self, to others and to the community. Behavior that violates this value includes, but is not limited to:

    1. Drugs. Use, possession or distribution of illegal drugs and other controlled substances or drug paraphernalia except as expressly permitted by law and the University/College’s Drug Policy (See Policies in Student Handbook for further information);

    2. Alcohol. Use, possession, or distribution of alcoholic beverages or paraphernalia except as expressly permitted by law and the University ’s Alcohol Policy (See Community Standards for further information); also, public intoxication or public displays of alcoholic beverages and the use or display of such in public areas in the residence halls and all other public areas of the campus;

    3. Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications;

    4. Failure to Comply. Failure to comply with the reasonable directives of University officials (this includes RAs and Public Safety officers) or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so;

    5. Financial Responsibilities. Failure to promptly meet financial responsibilities to the institution, including, but not limited to; knowingly passing a worthless check or money order in payment to the institution or to an official of the institution acting in an official capacity;

    6. Other Policies. Violating other published University policies or rules, including all Housing and Residence Life policies;

    7. Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.);

    8. Emergency Systems.Intentional misuse of emergency systems, including RAVE and call boxes. Also includes intentional misuse of any University fire alarm, firefighting equipment, or other safety devices, including entering false fire alarms;

    9. Violations of Law.Conduct in violation of Federal or State statues or local ordinances that threatens the health and/or safety of the University community or that adversely affects the educational environment of the University, regardless of whether such conduct has resulted in a conviction under such statue or ordinance. The University reserves the right to discipline its students for felonies/misdemeanors that may occur off campus. Such behavior often has the potential to be brought onto the campus thus disrupting the educational atmosphere and mission of the University; thus, it has to be addressed.

  3. Violation of Law and University Discipline

    1. University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of Students. Determinations made or sanctions imposed under the Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
    2. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because his or her status as a student. If the alleged offense is also being processed under the Student Code of Conduct, the University may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters are typically handled within the University Community. The University will attempt to cooperation with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Student Code of Conduct Hearing Procedures

The University, through the Vice President for Student Affairs, has the duty and collar disciplinary power to protect its educational purpose and objectives through setting standards of conduct.

The Student Conduct process aims to treat alleged victims and accused students with equal care and dignity and also to reach fair and correct results.

  1. Charges
    Any member of the University community, department or academic unit may register a complaint of violation of the Student Code of Conduct. A complaint may be directed to the Office of the Dean of Students, the Department of Public Safety or the Office of Housing and Residence Life. Any complaint should be submitted as soon as possible after the incident occurs, preferably with forty-eight (48) hours.

  2. Procedures

    1. A conduct officer will send out a "Notice to Talk" to the student(s) involved in the incident reported. A student will then have forty-eight (48) hours (not including weekends or holidays) to schedule a meeting.
    2. The Conduct Officer will meet with the student, read the incident report and alleged violation(s), and explain the conduct process. If the Student Conduct Officer determines that no violation has occurred, then the disposition is final and no further meetings will be held.
    3. If it is determined that a violation did occur and the Respondent admits responsibility for engaging in the alleged behaviors or actions, the Student Conduct Officer can assign sanctions and adjudicate the incident at this meeting. If there is more than one student involved in the same incident, the Student Conduct Officer will adjudicate the incident after meeting with all the students allegedly involved.
    4. If the Respondent does not admit responsibility for the alleged behavior and/or actions, the Student Conduct Officer will explain that:

      1. If it is a lower level violation (which is a violation in which would not result in sanction being Housings Privileges Suspended, Suspension or Expulsion), the student will go through an Administrative Conduct Meeting.
      2. If the level of violation is more serious in nature and the sanction could include suspension or expulsion, the student is allowed to choose between a Student Conduct Administrative Meeting or a Student Conduct Board Meeting.
    5. All charges presented to the Respondent must be in writing, with sufficient particularity and at least forty-eight hours before the conduct meeting or conduct board meeting is scheduled.
    6. All Student Conduct Meetings shall be conducted in private and closed to the public.
    7. If a Respondent does not appear for the hearing and does not, in the opinion of the Student Conduct Administrator or Student Conduct Board, give adequate reasons, the conduct meeting may continue and decisions may be made in the absence of the Respondent.
    8. Both Respondent and Complainant have the right to be assisted by an advisor of their choice. An advisor may be a friend, mentor, family member, attorney or other supporter a party chooses to advise them who is both eligible and available. All advisors are subject to the same campus rules, whether they are attorneys or not. Advisors may not present on behalf of their advisee in a meeting, interview or conduct meeting.
    9. The Complainant and the Respondent and their advisors shall be allowed to attend the entire portion of the conduct meeting at which information is received, excluding deliberations.
    10. The Complainant and Respondent are responsible for presenting his or her information, and therefore, advisors are not permitted to speak or to participate directly in any conduct meetings.
    11. In either Administrative or Student Conduct Board Meeting involving more than one Respondent, the Dean of Students, in his or her discretion, may permit the meetings concerning each student to be conducted either separately or jointly.
    12. The Respondent and Complainant may arrange for witnesses to present pertinent information at the conduct meeting. Witnesses must be members of the University community. Witness must be present to provide information to and answer questions from the Student Conduct Administrator or the Student Conduct Board. Character witnesses are not allowed to participate until the sanctioning phase.
    13. The Respondent shall be given an opportunity to speak on his/her behalf. S/he should have an opportunity to hear and question those who speak against him/her. In no case shall a Student Conduct Administrator at an Administrative Hearing or a Student Conduct Board consider statements against the Respondent unless s/he has been advised of their content and of the names of those who made them, and unless s/he has been given an opportunity to rebut unfavorable inferences, which might otherwise be drawn.
    14. 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 chairperson and at Administrative Hearing at the discretion of the Student Conduct Administration holding the conduct meeting.
    15. All information or matters upon which the decision is based must be presented at the conduct meeting.
    16. An audio recording will be done of all conduct meetings and will be maintained in Conduct Coordinator. This recording will be used only in cases of appeal which claim questions of improper procedure(s) at the conduct meeting. The recording will be destroyed once the forty-eight (48) hour period to appeal the sanction(s) has elapsed.
    17. The decisions reached by an Administrative and/or Student Conduct Board hearing are final, subject only to the student’s right of appeal.
  3. Adjudication Meeting

    1. Student Conduct Administrative Meeting
      1. Administrative meetings will be held by one conduct officer.
      2. Results of the Student Conduct Administrative Meeting (after meeting with all students involved), including all sanctions, will be given to the Respondent(s) in writing no later than twenty-four (24) hours (excluding weekends and holidays) after the meeting.
    2. Student Conduct Board Meeting
      1. A Student Conduct Board will consist of three voting members. These members may be students, faculty or staff. The Conduct Board will be chaired by the Dean of Students or his or her designee.
      2. Results of the Student Conduct Board Meeting, including all sanctions, will be given to the Respondent(s) in writing no later than twenty-four (24) hours (excluding weekends and holidays) after the meeting.
    3. Sanctions

      The Student Conduct Officer holding an Administrative Hearing and/or the Student Conduct Board are authorized to impose the following sanctions:

      1. Warning – a notice in writing that the student has violated institutional regulations.
      2. Redress (apology, either written or oral)
      3. Restitution – compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
      4. Fine
      5. Educational activity or project.
      6. Community service.
      7. Loss of privileges – denial of specified privileges for a designated period of time, including, but not limited to, restrictions from and/or limited access to specified areas of campus and/or university events.
      8. Behavioral contract – a set of appropriate actions imposed to provide an educational experience as well as conduct guidelines for an extended period.
      9. Housing probation – A written reprimand indicating that the student’s behavior has raised serious questions concerning the student’s status as a member of the University residential community. The student will be given a stated period during which his/her conduct will establish whether s/he is to be returned to good standing by having met definite requirements in behavior or whether s/he is to be suspended or expelled from the University. This sanction includes the probability of more severe sanctions if the student is found to violate any University regulation(s) during the probationary period.
      10. Housing Privileges Suspended – this may be for a definite period of time, after which the student is eligible to return or permanent separation from university housing.
      11. University probation – A written reprimand indicating that the student’s behavior has raised serious questions concerning the student’s status as a member of the University community. The student will be given a stated period during which his/her conduct will establish whether s/he is to be returned to good standing by having met definite requirements in behavior or whether s/he is to be suspended or expelled from the University. This sanction includes the probability of more severe sanctions if the student is found to violate any University regulation(s) during the probationary period. Students may not represent the university or hold office in any student organization during the period of probation.
      12. University suspension – separation of the student from the university for a definite period of time, after which the student is eligible to return. Readmission, however, is not automatic and is at the sole discretion of the University. Conditions for readmission must be specified. The student is not allowed to be on campus, any university owned or leased property, or attend any university event, on or off campus.
      13. University expulsion – permanent separation of the student from the university. The student is not allowed to be on campus, any university owned or leased property, or attend any university event, on or off campus.
      14. 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.
      15. Withholding Degree – the University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
      16. More than one of the sanctions listed above may be imposed for any single violation.
    4. Burden of Proof

      Determination of responsibility in any Student Conduct meeting/hearing shall be made on the basis of whether it is more likely than not that the Respondent violated the Student Code of Conduct or any other university policy.

    5. Interim Suspension

      In certain circumstances, the Vice President for Student Affairs, or his or her designee, may impose a University suspension prior to any Student Conduct Hearing.

      1. Interim Suspension may be imposed on a student only: 1) to insure the safety and well-being of members of the University community or preservation of University property; 2) to ensure the student’s own physical or emotional safety and well-being; or, 3) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.
      2. While on Interim Suspension, a student will not be allowed access to the campus, including all University owned or leased properties, including the residence halls and/or all University activities, on or off campus, or privileges as the Dean of Students may determine to be appropriate.
      3. Interim Suspension does not replace the regular Student Conduct process. At the time a student is summarily dismissed, the individual affected shall be informed of a right to a hearing without undue delay. The student shall remain dismissed until the hearing determines his/her status.
    6. Appeals
      Only cases in which result in loss of university housing, suspension and/or expulsion may be appealed.

      A decision reached, and/or sanction imposed, by a Student Conduct Administrator or a Student Conduct Board, may be appealed by the Respondent, in writing, within forty-eight (48) hours (not including weekend and/or holidays) of the decision.

      Appeals, regardless of the type of adjudication, shall be based only on:

      1. Questions of improper procedure and/or
      2. New evidence uncovered post hearing and/or
      3. Appropriateness of sanctions

      The response to the appeal shall be sent to the Respondent within forty-eight (48) hours (not including weekend and/or holidays) of receipt.

      Decisions of the Student Conduct Board and/or Student Conduct Administrator remain in effect until such time, if and when, an appeal is granted. All parties involved will be informed of the disposition of appeals.

    7. Student Conduct Records
      Other than expulsion from the University, disciplinary sanctions shall not be made part of the student’s permanent academic record (transcript). They will, however, become part of the student’s disciplinary record which is in turn part of a student’s education records. This applies both to the Complainant and the Respondent.

      Cases involving the imposition of sanctions, other than expulsion, shall be expunged from the student’s confidential record seven (7) years after final disposition of the case.

    8. Parental Notification
      The University may, in its discretion, send notice and/or copies of disciplinary documents to the parents or legal guardians of student involved in disciplinary matter. The University, in compliance with the Family Educational Rights and Privacy Act (FERPA), may send reports to parents or legal guardians of a dependent student as defined in the Internal Revenue Code. Students may opt to sign a FERPA waiver, allowing the University to community with his/her parents or legal guardians or other designated individuals.

      The University may also contact parents or legal guardians of students involved in alcohol and/or drug violation(s) if the student is under 21 years of age at the time of the violation.

    9. Interpretation and Revisions
      Any questions of interpretation or application of the Student Code shall be referred to the Dean of Students, or his or her designee, for final determination.

      The Student Code of Conduct shall be reviewed annually under the direction of the Dean of Students.

Amnesty

  1. For Survivors
    The University provides amnesty to survivors who may be hesitant to report to University officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result. However, records regarding the provision of amnesty will be maintained.

  2. For Those Who Offer Assistance
    To encourage students to offer help and assistance to others, University pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Dean of Students, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result. However, records regarding the provision of amnesty will be maintained.

  3. For Those Who Report Serious Violations
    Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the University are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result. Abuse of amnesty requests can result in a decision by the Dean of Students not to extend amnesty to the same person repeatedly.

Safe Harbor

Barry University has a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any University student brings their own use, addiction, or dependency to the attention of University officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.

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Acknowledgements

  1. Stoner, E.N. and Lowery, J.W., Navigating Past the "Spirit of Insubordination": A Twenty-First Century Model Student Conduct Code with a Model Hearing Script.
  2. The NCHERM Group: A Developmental Framework for a Code of Student Conduct: The NCHERM Group Model Code Project Private College/University Edition.