Code of Student Conduct
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.
Core Values of Student Conduct at Barry University
- Integrity: University student exemplify honesty, honor and a respect for the truth in all of their dealings.
The University values all of its students and is deeply concerned with their total development. Therefore it is appropriate to set expectations for personal integrity. These expectations encourage students to appreciate their own talents, take themselves and their academic pursuits seriously and enhance the quality of their lives. The university will routinely respond to students engaging in self-destructive behaviors—behaviors which might impede individuals' abilities to enjoy the privileges of education and to fulfill their obligations as an educational leader.
- Community: University students build and enhance their community.
One value of learning lies in understanding what knowledge can contribute to the community. It is expected that students will be open to learning, including learning about and respecting persons and cultures different from their own. Members of the campus community must act out of mutual respect to establish an atmosphere of trust.
- Social Justice: University students are just and equitable in their treatment of all members of the community and act to discourage and/or intervene to prevent unjust and inequitable behaviors.
Barry University expects its members to treat one another with sensitivity, consideration, understanding, tolerance and an active concern for the welfare of others. The university is particularly concerned that its members show respect for others regardless of race, creed, gender, disability, sexual orientation, ethnicity or nationality. All forms of harassing or offensive behaviors must be avoided. Bias related incidents will receive the most severe sanctions deemed appropriate to the incident, up to and including expulsion from the university.
- Respect: University students show positive regard for each other, for property and for the community.
Authority derives legitimacy from the commitment to act on behalf of the common good. At Barry University that authority resides in the officers of the university, its faculty, administration and staff – each of whom has been charged with responsibilities essential to the orderly operation of the university. These individuals serve as leaders and model by example the university's expectation for all its members. In this respect they help to define the atmosphere which supports and fosters the university's common mission
The University expects the responsible use of all property, including such tangible goods as buildings, library materials, equipment and green space. Respect for property also involves helping to foster a well maintained environment, a sense of security, tranquility and accomplishment. This principle requires students to respect both personal and institutional property, both inside and outside the university community.
- Responsibility: University students are given and accept a high level of responsibility to self, to others and to the community.
Barry University's mission reflects a commitment to the development of the whole person. Especially appropriate in a university community are the virtues of truthfulness, honesty and personal honor. The university expects students to live by policies of the university community and to follow local, state and federal laws. As a Catholic, Dominican university, Barry expects all students to demonstrate the personal characteristics of honesty and integrity in all aspects of their campus life, both inside and outside the classroom. Students are expected to realize values of mutual care and responsibility in their personal relationships.
Students at Barry University are provided a copy of the Code of Student Conduct annually in the form of a link on the University website. This link is also provided in a postcard given to every student while obtaining or validating their student ID card. Students are responsible for having read and abiding by the provisions of the Code of Student Conduct.
The Code of Student Conduct and the student conduct process apply to the conduct of individual students, both undergraduate and graduate, including law students and all university-affiliated student organizations. For the purposes of student conduct, the University considers an individual to be a student when an offer of admissions has been extended and thereafter as long as the student as a continuing educational interest in the University.
The University retains conduct jurisdiction over students who choose to take a leave of absence, withdraw or have graduated for any misconduct that occurred prior to the leave, withdrawal or graduation. If sanctioned, a hold may be placed on the student's ability to re-enroll and/or obtain official transcripts and/or graduate and all sanctions must be satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduate, the University may invoke these procedures and should the former student be found responsible, the University may revoke that student's degree.
The Code of Student Conduct applies to behaviors that take place on the campus, at University-sponsored events and may also apply off-campus when the Dean of Students or designee determines that the off-campus conduct affects a substantial University interest. A substantial University interest is defined to include:
- Any situation where it appears that the student's conduct may present a danger or threat to the health or safety of him/herself or others; and/or
- Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
- Any situation that is detrimental to the educational mission and/or interests of the University.
The Code of Student Conduct may be applied to behavior conducted online, via email or other electronic medium. Students should also be aware that online postings such as blogs, we postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. The University does not regularly search for this information but may take action if and when such information is brought to be attention of University officials. However, most online speech by students not involving University networks or technology will be protected as free expression and not subject to this code, with two notable exceptions:
- A true threat, defined as a "threat a reasonable person would interpret as a serious expression of intent to inflict bodily harm upon specific individual";
- Speech posted online about the University or its community members that causes a significant on-campus disruption.
The Code of Student Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of the University may seek resolution of violations of the Code of Student Conduct committed against them by members of the University community.
There is no time limit on reporting violations of the Code of Student Conduct; however, the longer someone waits to report an offense, the harder it becomes for University officials to obtain information and witness statements and to make determinations regarding alleged violations.
Though anonymous complains are permitted, doing so may limit the University' ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as; possible to the Office of the Dean of Students and/or the Office of Public Safety.
Violations of the Law
Alleged violations of federal, state and local laws may be investigated and addressed under the Code of Student Conduct. When an offense occurs over which the University has jurisdiction, the University conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident.
The University reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint (additional grounds for interim suspension are outline further in this section). Interim suspensions are imposed until a hearing can be held, typically within 10 working days. Within that time, the suspended student may request an immediate hearing from the Dean of Students to show cause why the interim suspension should be lifted. This hearing may resolve the allegation, or may be held to determine if the interim suspension should be continued. The interim suspension may be continued if a danger to the community is posed and the University may be delayed or prevented from conducting its own investigation and resolving the allegation by the pendency of the criminal process. In such cases, the University will only delay its hearing until such time as it can conduct an internal investigation or obtain sufficient information independently or from law enforcement upon which to proceed. This delay will be no longer than ten working days from notice of the incident unless a longer delay is requested in writing by the complaining victim to allow the criminal investigation to proceed before the University process.
Students accused of crimes may request to take a leave from the University until the criminal charges are resolved. In such situation, the University procedure for voluntary leaves of absence is subject to the following conditions:
- The responding student must comply with all campus investigative efforts that will not prejudice their defense in the criminal trial; and
- The responding student must comply with all interim actions and/or restrictions imposed during the leave of absence; and
- The responding student must agree that, in order to be reinstated to active student status, they must first be subject to, and fully cooperate with, the campus conduct process and must comply with all sanctions that are imposed.
Conduct StandardsA. Student Code of Conduct - Core Values 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 violated this value includes, but is not limited to:
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 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.
Falsification. Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification or financial instruments;
Academic dishonesty.Acts of academic dishonesty as outline in the Academic Dishonesty Policy found in the Student Handbook and the University Catalogue.
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;
Collusion.Action or inaction with another or others to violate the Code of Student Conduct;
Trust.Violations of positions of trust within the community;
Election Tampering.Tampering with the election of any University recognized student organization (minor election code violations are addressed by the Student Government Association);
Theft. Intentional and unauthorized taking of University property or the personal property of another, including goods, services and other valuables;
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:
Disruptive Behavior.Substantial disruption of University operations including obstruction of teaching, research, administration, other University activities, and/or other authorized non-University activities which occur on campus;
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;
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;
Trademark. Unauthorized use (including misuse) of University or organizational names and images;
Damage and Destruction. Intentional, reckless and/or unauthorized damage to or destruction of University property or the personal property of another
IT and Acceptable Use. Violating the University Computer Use Policy, found in the Student Handbook
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");
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";
Tobacco. Smoking, tobacco or e-cigarrete 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".)
Fire Safety. Violation of local, state, federal or campus fire policies including, but not limited to:
- Intentionally or recklessly causing a fire which damages University or personal property or which causes injury.
- Failure to evacuate a University-controlled building during a fire alarm;
- Improper use of University fire safety equipment; or
- 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;
Ineligible Pledging or Association. Pledging or associating with a student organization without having met eligibility requirements established by the University.
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.
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:
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.
[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.
- 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.
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].
- Complicity with or failure of any student to [appropriately] address known or obvious violations of the Code of Student Conduct or law;
- 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.
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:
- Falsification, distortion, or misrepresentation of information;
- Failure to provide, destroying or concealing information during an investigation of an alleged policy violation;
- Attempting to discourage an individual's proper participation in, or use of, the campus conduct system;
- 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;
- Failure to comply with the sanction(s) imposed by the campus conduct system;
- Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.
Respect: University/College students show positive regard for each other and for the community. Behavior that violates this value includes, but is not limited to:
Harm to Persons. Intentionally or recklessly causing physical harm or endangering the health or safety of any person.
a) 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.
b) Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.
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.
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.
Intimate Partner/Relationship Violence. Violence or abuse by a person in an intimate relationship with another;
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);
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);
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:
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);
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 of the residence halls and all other public areas of the campus;
Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications;
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;
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.
Other Policies. Violating other published University policies or rules, including all Housing and Residence Hall policies;
Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.)
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.
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.
1 Adapted, with gratitude, from Penn State University.