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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.

Respect for Oneself

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.

Respect for Others

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. Therefore, 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 for Property

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.

Respect for Authority

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. 

Personal Integrity

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. 

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.

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 Administrator” 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 Administrator to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Board.  The Vice President of Student Affairs, or his or her designee, may authorize the same Student Conduct Administrator to impose sanctions in all cases.
  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.

Student Code of Conduct Authority And Jurisdiction

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 Administrator shall be final, pending the normal appeals process.

Proscribed Conduct

A. 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. 

B. Code of Conduct

Any student found to have committed or to have attempted to commit the following misconduct is subject to disciplinary sanctions.

  1. Acts of dishonesty, including, but not limited to the following:
    1. Cheating, plagiarism, or other form of academic dishonesty.
    2. Furnishing false information to any university official
    3. Forgery, alteration, or misuse of any university document, record, or instrument of identification.
  2. Attempted or actual theft of and/or damage to property of the university and/or property of a member of the university community and/or other personal or public property, on or off campus.
  3. Unauthorized possession, duplication or use of keys to any university premises or unauthorized entry to or use of university premises.
  4. Abusive behavior – any action or situation which produces mental and/or physical discomfort for any member of the university community, or which places the individual or group in danger of physical or mental injury, including a student’s ability to participate in or benefit from the university’s program(s).   This behavior includes, but is not limited to:
    1. Sexual harassment – unwelcome conduct of a sexual nature.  It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.  Sexual violence is a form of sexual harassment.  This includes gender-based harassment, which may include acts of verbal, nonverbal or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
    2. Verbal harassment – statements incorporating abusive, obscene or threatening language.
    3. Physical harassment – use of, or threatened use of, physical force or violence
    4. Stalking – willfully, maliciously, and repeatedly following or harassing another person
    5. Any harassment on the basis of race, ethnicity, gender, disability, religion, or sexual orientation.
  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, including athletic teams.  The express or implied consent of the victim will not be a defense.  Apathy or acquiescence in the presence of hazing are not neutral acts; they are a violation of this rule.
  6. Disregarding the legitimate request of a University official (including RAs and Public Safety officers), to include failure to follow directions or obstructing assigned responsibilities of appropriate officials. This shall include failure to give identity or to show University identification card.
  7. The usage (including but not limited to consumption, injection, smoking/inhalation, etc.) manufacture, possession or distribution of illegal drugs in violation of Federal and/or Florida law and/or university policy.  This includes mind-altering substances, pharmaceutical and otherwise, including salvia divinorium, medical marijuana, and synthetic forms of banned substances, including but not limited to, K2, Spice, Black Magic, Bath Salts, etc.; inappropriate/illegal use or distribution of any pharmaceutical product; being in the presence of others while the above mentioned drug use is occurring; or possession of drug paraphernalia, including bongs. 
  8. Possession, manufacturing, consumption, distribution of alcoholic beverages and/or being under the influence of alcohol in violation of Federal, and/or Florida law and/or university policy.  Alcoholic beverages may not, in any circumstances, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
  9. Possession or use of firearms (or replicas), explosives (including fireworks), dangerous chemicals or other dangerous weapons, or the brandishing of any weapon or any other object in the menacing or threatening manner on institutionally-owned or controlled property. Weapons may be defined as an object or substance designed to inflict a wound, cause injury, or incapacitate. Weapons may include, but are not limited to, all firearms, pellet guns, stun guns, paintball guns, slingshots, material arts devices, knives, and clubs.
  10. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operation of the University and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any University building or area.
  11. Conduct that is disorderly, lewd, or indecent; breach or peace; or aiding, abetting, or procuring another person to breach the peace on university premises or at functions sponsored by, or participated in by, the university or members of the academic community.  Disorderly conduct includes but is not limited to:  any unauthorized use of electronic or other devices to make an audio or video record of any person while on university premises without his/or prior knowledge, or without his/her effective consent when such recording is likely to cause injury or distress.  This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, restroom, residence hall facility or any university facility or event.
  12. Violations of University policies or regulations governing student behavior and life of the campus and failure to inform personal guest of said policies and/or regulations. Being present during the commission, or having knowledge of, a violation of the University Student Code of Conduct constitutes permission or conducting of the act.  This includes failure to take an active role in assuring proper behavior of one’s guests.
  13. Tampering with fire equipment, exit lights, fire alarms, fire extinguishers or any other safety equipment or structures.
  14. Violating the visitation policy and/or housing agreement as outlined under Housing and Residence Life Policies and Procedures.
  15. Incurring financial obligations on behalf of a person, organization, or the University without consent or authority.
  16. Abuse of the Student Conduct System, including but not limited to:
    1. Failure to obey a notice from a Student Conduct Board or University official to appear for a meeting or hearing as part of the Student Conduct System.
    2. Falsification, distortion, or misrepresentation of information before a Student Conduct Board or official.
    3. Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.
    4. Institution of a student conduct code proceeding in bad faith.
    5. Attempting to discourage an individual’s proper participation in, or use of, the Student Conduct System.
    6. Attempting to influence the impartiality of a member of a Student Conduct Board or hearing prior to, during, and/or after a Student Conduct Code proceeding.
    7. Failure to comply with the sanction(s) imposed under the Student Code.
    8. Influencing or attempting to influence another person to commit an abuse of the Student Conduct Code System.
  17. Purporting to be or representing another person, an organization, or the University improperly without consent or authority.
  18. Theft or other abuse of computer facilities and resources, including, but not limited to:
    1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
    2. Unauthorized transfer of a file.
    3. Use of another individual’s identification and/or password.
    4. Use of computing facilities and resources to interfere with the work of another student, faculty member or university official.
    5. Use of computing facilities and resources to send obscene or abusive messages.
    6. Use of computing facilities and resources to interfere with normal operation of the university computing system.
    7. Use of computing facilities and resources in violation of copyright laws.
    8. Any violation of the University’s Computer Use Policy.
  19. Violating the University tobacco policy in specified facilities.
  20. Soliciting/selling for personal or organization profit without proper consent of University officials.
  21. Violation of other published University policies, rules and/or regulations.
  22. Any violation of Federal, state, or local law(s).

C. 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.  Student conduct processes and procedures are substantially secondary to the use of example, guidance, counseling, mediation and admonition in the development of responsible student conduct.  However, when these preferred means fail to resolve problems of student conduct, procedural safeguards allow for proper action while protecting the student from unfair imposition of serious penalties. 

A. 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 must be prepared in writing and directed to the Student Conduct Coordinator in the Office of the Dean of Students.  Any complaint should be submitted as soon as possible after the incident occurs, preferably with forty-eight (48) hours.

B. Procedures

The Student Conduct Hearing Officer will send out a “Notice to Talk” to the student(s) involved in the incident reported.  The notice will include the time and date of the meeting.  If the student does not appear at the meeting without prior notification, the conduct meeting may be held without the students and sanctions may be assigned.

C. Adjudication Levels

  1. Student Conduct Administrator Meeting
    1. The Student Conduct Administrator will meet with the student (Respondent) to determine if a violation of the Student Code of Conduct has occurred.  If the Student Conduct Administrator determines that no violation has occurred, then the disposition is final and no further meetings will be held.
    2. 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 Administrator 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 Administrator will adjudicate the incident after meeting with all the students allegedly involved.
    3. While meeting with the student, the Student Conduct Administrator may determine that there are other violations and may address these with the students during the meeting.
    4. If the Respondent does not admit responsibility for the alleged behavior and/or actions, the Student Conduct Administrator will conduct an inquiry of the alleged violation.  After the inquiry, if a determination is made by the Student Conduct Administrator that the student is more likely than not responsible for the violation, sanctions shall be assigned.
    5. Results of the Student Conduct Meeting, including all sanctions, must be given to the Respondent in writing no later than twenty-four (24) hours (excluding weekends and holidays) after the meeting.
    6. Possible sanctions at this level may include, but are not limited to:
      1. Warning - A notice in writing that the students is in violation or has violated University 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. Fines – previously established and published fines may be imposed
      5. Educational 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. Housing probation – A written reprimand indicating that the student’s behavior has raised serious question concerning the student’s status as a resident student.  The student will be given a stated period of time during which his/her conduct will determine whether s/he is to be returned to good standing.  This sanction includes the probability of loss of privilege of living in University housing.
      9. Loss of housing
      10. 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.
  2. Administrative or Student Conduct Board Hearing
    1. When Student Conduct violations indicate the alleged violation to be more serious in nature, with possible sanctions to include suspension or expulsion from the University, the Respondent being accused of the violation(s) may choose to have either an Administrative or Student Conduct Board Hearing.  These violations may include, but are not limited to:
      1. Sexual harassment
      2. Acts of violence
      3. Bias-related incidents
      4. Drug violations
      5. Major alcohol violations
      6. Possession of firearms
      7. Acts of dishonesty
      8. Hazing
    2. All charges presented to the Respondent must in writing, with sufficient particularity and at least forty-eight hours before the hearing is scheduled.
    3. All Student Conduct Hearings shall be conducted in private and closed to the public.
    4. 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 hearing may continue and decisions may be made in the absence of the Respondent.
    5. Both Respondent and Complainant have the right to be assisted by a campus advisor.  This advisor must be a University enrolled student or current faculty or staff member.  Attorneys will not be allowed in any hearing, whether Administrative or Student Conduct Board.
    6. The Complainant and the Respondent and their advisors shall be allowed to attend the entire portion of the Hearing at which information is received, excluding deliberations.
    7. 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 Hearing.
    8. In either Administrative or Student Conduct Board Hearings involving more than one Respondent, the Dean of Students, in his or her discretion, may permit the Hearings concerning each student to be conducted either separately or jointly.
    9. The Respondent and Complainant may arrange for witnesses to present pertinent information at the hearing.  Witnesses must be members of the University community and must be identified at least two weekdays prior to the Hearing.  Witness will provide information to and answer questions from the Student Conduct Administrator or the Student Conduct Board. 
    10. 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.
    11. 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 hearing.
    12. All information or matters upon which the decision is based must be presented at the hearing.
    13. An audio recording of the hearing will be maintained by the Student Conduct Coordinator.  This recording will be used only in cases of appeal which claim questions of improper procedure(s) at the hearing.  The recording will be destroyed once the forty-eight (48) hour period to appeal the sanction(s) has elapsed.
    14. A written record of the hearing will be maintained in the Office of the Dean of Students.
    15. The decisions reached by an Administrative and/or Student Conduct Board hearing are final, subject only to the student’s right of appeal to the Vice President for Student Affairs.
    16. The Student Conduct Administrator holding an Administrative Hearing and 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 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
      10. Loss of housing – 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.
  3. 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.
  4. Rules of Evidence
    Formal rules of process, procedure and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct meetings/hearings.
  5. Appeals
    1. Appeals of these Student Conduct Meetings must be submitted, in writing, to the Office of the Dean of Students.  A staff member will read the appeal and determine if it meets the requirements for an appeal.  These are:  questions of improper procedure and/or new evidence uncovered post hearing and/or claims of excessively harsh sanctions.
    2. If an appeal meets the threshold, it will then be assigned to an appeals officer which include, the Manager of Student Conduct, the Director of Housing and Residence Life, The Associate Director for Residence Education and the Dean of Students.  Appeals are reviewed at one of two levels as follows:
      1. The Vice President for Student Affairs or his designee will consider appeals for cases heard before the Student Conduct Board, including all sexual assault cases.
      2. All other hearing appeals will the assigned by the Office of the Dean of Students to other Appeal Officer. 
    3. The Office of the Dean of Students will forward the appeal along the student file to the appropriate Appeal Officer.  The student will be e-mailed with the contact information of the Appeal Officer and be directed to set up an appointment to discuss the appeal. 
    4. As a general rule, neither the sanctions resulting from a student conduct decision nor will any change in the status of a student be enforced until the appeal has been fully considered. However, each matter shall be considered on a case-by-case basis, taking into account, among other things, the health and safety of individual community members or the community as a whole.
    5. The Appeal Officer may decide the appeal or may remand the matter for a full or limited hearing to the original Conduct Body for further proceedings in the following circumstances:
      1. If it can be demonstrated that new evidence sufficient to alter a decision was unavailable or could not have been known to a party at the time of the original hearing.
      2. In the discretion of the University official reviewing the appeal, a remand is necessary in the interest of fairness.
    6. An Appeal Officer can amend violations and sanctions at their discretion based on the appeal request and information provided in the Student's file.
    7. A Complainant may appeal under the same terms and conditions as a Respondent in those instances when the University, in compliance with state and federal law, may disclose the outcome of a conduct proceeding to the Complainant.
    8. All appeal decisions are final. 
  6. 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.
  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 Vice President of Student Affairs, or his or her designee, for final determination.

    The Student Code of Conduct shall be reviewed every two years under the direction of the Dean of Students.

    Acknowledgements
    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.
    St. Louis University Office of Student Condcut

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