Conduct Policies and Procedures

Conduct Policies and Procedures

Student/Institutional Relationship

Through enrollment at Marywood University, students accept the responsibility to meet all academic requirements and to act in accordance with the University’s mission, core values and policies. The University accepts a corresponding responsibility to make decisions which promote the community’s well-being and guarantee appropriate process to its members. All members of the community are responsible for reporting and/or responding to potential policy violations.

Philosophy of Conduct

A vital part of a college education for students is the opportunity to develop and strengthen values and attitudes which guide responsible behavior in all areas of life. The conduct program challenges and supports students to learn about the consequences of their actions and to enhance their growth and development as mature adults.

The Joint Statement and Rights and Freedoms of Students is the reference document for the establishment of the conduct program. To that end, the program strives to provide a fundamentally fair process in which behavior that infringes on others’ rights, the common good and/or the University’s rights as corporate entity is addressed. The conduct process values community rights over those of the individual and promotes an educational atmosphere for students to learn to behave within the context of a University guided by a distinct mission and values.

Through involvement in the conduct process, students will have the opportunity to learn: to self-advocate appropriately; to reflect on their choice of behaviors; and, to live responsibly in a diverse and interdependent University and global communities.

General Provisions

The Dean of Students is authorized to define and interpret the conduct policies and to manage the conduct program. Academic policy violations normally are adjudicated by an academic dean or designee. All correspondence with students related to the conduct process is through University e-mail that students are responsible to check regularly. The standard of evidence in the conduct program is that of a preponderance of information, at least 51% certainty.

The conduct process is separate from and independent of the system of criminal and civil law, regulations and ordinances. The University will cooperate appropriately with civil authorities in the enforcement of the law. If civil authorities are involved, the University may present conduct charges concurrently. If a student faces charges in a court and in the University conduct system because of the same violation, the University may postpone its conduct hearing until civil proceedings are completed. The Dean of Students will make that decision.

Rules and Regulations

The conduct process usually is limited to behavior that negatively affects the pursuit of educational objectives and support of the University’s core values. No specific policy statement can apply to every situation. The following behavior is subject to the conduct process:

1. Dishonesty: All forms of dishonesty including lying, cheating, plagiarism, providing false or misleading information, forgery, alteration, or fraudulent use of documents or identification. (See also Academic Honesty Policy)
2. Disruptive Conduct: Disruption or obstruction of University activities or operations.
3. Abuse: Harassment, stalking, bullying, physical or verbal abuse, or similar actions of intimidation or coercion including sexual assault, sexual harassment, and hazing. (See also Civil Rights and Hazing Policies)
4. Endangering Conduct: Any self inflicted action or inaction that is a danger to a student’s health, safety or welfare or that inhibits the student’s success at the University.
5. Weapons: Illegal or unauthorized possession of firearms, other weapons, or dangerous chemicals or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others. (See also Deadly Weapons and Fireworks Policy)
6. Fireworks and Explosives: Unauthorized use, possession or storage of fireworks, explosives, or hazardous materials on University property. (See also Deadly Weapons and Fireworks Policy)
7. Theft: Unauthorized possession or use of the property of another.
8. Damage/Vandalism: Damaging, making unusable, or vandalizing University property or the property of another.
9. Failure to Comply: Failure to comply with the direction of University officials in the performance of their duties.
10. Alcohol: Regardless of the person’s age, the possession, use or distribution of alcoholic beverages, being in the presence of such violation (constructive possession), possession of empty alcohol containers, or being intoxicated on campus. (See also Alcohol & Controlled Substances Policy and Medical Amnesty Policy)
11. Drugs: Possession, use, manufacture or distribution of illegal or controlled substances except as expressly permitted by law, being in the presence of such violation, possessing paraphernalia to assist in the possession, use, manufacture or distribution of such substances, or use of non-controlled substances for intoxicating purposes or effects. (See also Alcohol & Controlled Substances Policy)
12. Indecent Conduct: Indecent, profane or obscene conduct.
13. Failure to Act: In the presence of a violation, failure to intervene or confront, notify University staff or leave the area.
14. Failure to Respect Each Person: Demonstrated lack of civility in resolving disputes and disagreements.
15. University Regulations: Violation of any published University regulations.
16. Laws: Violations of any federal, state or local laws.

Medical Amnesty

This policy assures the community that when a student’s health and safety are in danger due to intoxication, alcohol poisoning or other drug-related emergencies, students who seek help for themselves or others will not be subject to conduct action for a violation of the University Alcohol and/or Other Drug Regulations. In such cases, student(s) will be required to meet with the Dean of Students shortly thereafter to address the issues that caused the risk to the student’s well-being. To assist students learn from the experience, the student(s) may be required to complete an alcohol/other drug assessment and/or to participate in counseling. A repeated pattern of similar incidents or failure to cooperate with the Dean of Students will be responded to on an individual basis and could result in conduct action. If additional or egregious policy violations occur during the same incident, the Dean of Students reserves the right to adjudicate the non-alcohol related violations.

Off-Campus Behavior

Enrollment at Marywood University is a voluntary decision, which includes a student’s acceptance of the responsibility to meet academic requirements and to behave consistently with the University’s policies, purposes and objectives at all times, on campus, off campus and in cyberspace. In a case in which criminal charges are involved, the University reserves the right to pursue conduct charges. NOTE: The University reserves the right to alert civil authorities to problems on or off campus. Concerns likely to be reported are those involving physical endangerment, illegal substances, or those resulting in complaints from the local community.
Students as Neighbors: Most students who live temporarily in the local community make positive contributions, but all must understand the behavior expected of them as residents of these communities. Students should demonstrate respect and concern for all members of both communities and behave as responsible citizens. Furthermore, the University reserves the right to refer any student involved in University policy violations and/or disruptive or offensive behavior off campus to the conduct system for investigation and action. Such behavior includes, but is not limited to: excessive and/or unreasonable noise; rude and abusive language; disruptive activities; illegal use, sale, and/or distribution of alcohol or other drugs; and, related violations of local community standards. Students should understand that conduct investigation and charges will be initiated when the University’s interest, reputation, and/or capacity to function as an academic community is involved.

Conduct Procedures

Conduct cases will be handled in accordance with the University conduct policy of appropriate process. Any member of the University community may file an incident report against any student, student group, or student organization for alleged violations of University rules, regulations, or policies. Incident reports should be forwarded to the Dean of Students, Director of Housing and Residence Life or the Chief of Campus Safety.

1. The person(s) making the charges will provide the following in writing:
   1. Date of the incident
   2. Name and address of the student(s) involved
   3. A statement of the circumstances
   4. Names/addresses of witnesses
2. The individual(s) making the charges must identify themselves in the report. Individuals wishing to remain anonymous may request that an incident be investigated, however, the filing of formal charges requires submission of some form of evidence of which the accused must be informed.
   The Dean of Students or designee will appoint a Residence Director or other professional staff member to conduct a preliminary investigation of the charges. The Preliminary Hearing Officer will review the charges and consult with all parties to determine if adjudication is warranted.
3. The accused student(s) will receive a notice of the charges and be notified to report for a preliminary hearing by e-mail. At the preliminary hearing the charges and the conduct procedures will be explained and discussed. A copy of the charges (adjudication form) will be reviewed with the accused at the preliminary hearing.
4. If a student fails to meet with the Preliminary Hearing Officer, the preliminary hearing may take place in his/her absence. The student may be subject to conduct action up to Probation without further consultation.
5. At any stage of the investigation or adjudication of conduct charges, an accused student may refuse to answer any question(s) without the decision being held against him/her.
6. Should the Preliminary Hearing Officer determine a conduct hearing is not justified, he/ she will find the student not responsible or will assign another form of resolution.
7. Attendees at the preliminary hearing include the accused and the Preliminary Hearing Officer only. In the case of an alleged violation of the Endangering Conduct policy, a Counseling Center staff member may also be present.
8. The Preliminary Hearing Officer may take conduct action up to and including Probation. When circumstances warrant Suspension or Dismissal, these actions are recommended to the Dean of Students. NOTE: In accordance with federal law, “In cases of violence or sexual assault the accuser and the accused shall be informed of the outcome of any campus disciplinary proceedings brought alleging a sexual assault.”
9. After the conclusion of the preliminary hearing, a student may request further adjudication only when she/he disagrees with the finding of Responsible. When the student requests further adjudication or the Preliminary Hearing Officer determines that further conduct consideration is warranted, the following steps are initiated:
   1. If the student requests further adjudication, he/she must request a formal hearing in a letter to the Dean of Students within three (3) days after the preliminary sanction has been communicated. The letter should indicate the preferred means of further adjudication as explained in item b. of this section and the reason for requesting a formal hearing.
   2. The student chooses adjudication by:
      (1) The Conduct Board; or,
      (2) An Administrative Hearing Officer.
   3. A copy of the written charges is forwarded to the Chair of the Conduct Board or Administrative Hearing Officer.
   4. The accused student has no less than five (5) days from the conclusion of the Preliminary Hearing to prepare for the hearing.
   5. The Dean of Students notifies the Conduct Board or the Administrative Hearing Officer and the accused of the date, time, and location of the hearing.
10. Should the Conduct Board be inoperative, the Dean of Students or designee reserves the right to adjudicate the case.
11. To request that the sanction imposed during a preliminary hearing be reconsidered, the student must send a letter to the Dean of Students within three (3) days after the preliminary sanction has been communicated. The letter should indicate:
    
    1. The policy that was violated and the sanction that was imposed;
    2. The reason(s) why the accused believes the sanction should be revised;
    3. What sanction the student believes should be imposed and what the student will learn from the sanction;
    4. A statement of how the accused student’s conduct history, if any, relates to the sanction; and,
    5. What the student has learned during the process.

Administrative Hearing Officers: The Dean of Students or his/her designee will be the Administrative Hearing Officer unless he/she served as the Preliminary Hearing Officer or circumstances clearly suggest it would be in the student’s best interest for another person to act as the Administrative Hearing Officer. With the student’s approval, the Preliminary Hearing Officer may be appointed as the Administrative Hearing Officer. Administrative Hearing Officers are empowered to take conduct action up to and including Probation. Administrative Hearing Officers recommend Suspension or Dismissal to the Dean of Students.

Conduct Board: The Conduct Board is composed of 15 members: six faculty members, six full-time undergraduate students, and three full-time graduate students. The Student Government Association (SGA) appoints the student members of the Board after consultation with the current board members. The Executive Committee of the Faculty Senate appoints the faculty members. A panel of two faculty members and three students is drawn. Two faculty members and two students constitute a quorum. A student will be selected as chair for each hearing and one member will serve as the recorder. The Board decides responsibility for alleged violations, interprets rules and regulations as they relate to individual incidents and community values, and determines sanctions when appropriate.

Conduct Hearing Procedures

1. The hearing will be private, unless the student requests an open hearing. Requests for an open hearing must be made in writing to the Dean of Students at least 24 hours prior to the hearing. At an open hearing, only members of the University community (defined as staff, faculty, administration, students) may observe the hearing, with the exception of the Board’s deliberation. The hearing is not to be interrupted by observers and the chair may ask observers to leave if determined necessary.
2. A tape recording or a written record will be made.
3. The charges and evidence will be presented by the Dean of Students or his/her representative on behalf of the University or by the individual making the charges.
4. The accused and the individual filing the charges are entitled to be accompanied by a Marywood faculty member, administrator, or student whose role will be advisory in nature. No one outside of the University community may attend a conduct hearing. The Advisors’ names must be submitted to the Dean of Students at least 24 hours prior to the hearing.
5. A formal hearing includes opening and closing statements from both parties. Normally, witnesses are not present throughout the hearing.
6. Any party may present witnesses subject to the Chair’s or Hearing Officer’s determination of the witnesses’ relevance to the case. The accused, members of the Board or the Hearing Officer may ask questions of anyone involved in the proceedings. The parties involved are responsible for contacting appropriate witnesses and informing them of the date, time, and location of the hearing. Names of witnesses and/or the advisor must be submitted to the Dean of Students at least 24 hours in advance of the hearing. Witnesses normally are not present throughout the hearing. Exceptions based on the judgment of the Chair or the Hearing Officer may be made. Requests for exceptions to this procedure must be made in advance to the Dean of Students or his/her designee.
7. If, for the lack of sufficient reason as judged by the Chair or the Hearing Officer, an accused student fails to appear at the hearing, the presiding officer may conduct the hearing without the presence of the accused. If the absence is unexcused, the accused will forfeit any rights to appeal. No recommendation or imposition of sanction will be based solely upon the failure of the accused to appear at the hearing.
8. The Chair or Hearing Officer will make known the decision to the Dean of Students and submit the record of the hearing and a written statement of the reasons for the decision. The Dean of Students will notify the accused student only in writing/e-mail of the decision.

NOTE: In accordance with federal law, “In cases of violence or sexual assault the accuser and the accused shall be informed of the outcome of any campus disciplinary proceedings brought alleging a sexual assault.”

Procedures for Appeal

1. The accused student or individual filing a conduct report may appeal the decision of the Conduct Board or Administrative Hearing Officer by stating so in a letter to the Vice President for Student Life within five (5) days after the decision has been communicated orally or in writing/e-mail to the student. The student must demonstrate in the letter one or more of the following:
   
   1. that s/he did not receive a hearing consistent with the principles of appropriate process;
   2. that the sanction was arbitrary or capricious;
   3. that certain relevant evidence was not reviewed; or,
   4. that new evidence is available.
2. For an appeal to be heard, the Vice President must agree that the student has demonstrated one or more of the reasons listed in #1.
3. Normally, an appeal will be limited to a review of the report of the Conduct Board or the Administrative Hearing Officer. Such a review, when granted, is the final appeal step in the University disciplinary process.
4. When grounds for an appeal have been established, one of the following procedures will be followed:
   
   1. The Vice President for Student Life may accept the report as presented or as subject to a specific reduction in the sanction imposed; may return the case to the Conduct Board or Hearing Officer for further proceedings; or, may dismiss one or more of the charges entirely.
   2. An Appeal Board may be established. The Appeal Board will include an administrator appointed by the Vice President for Student Life and two representatives from the Conduct Board designated by the Vice President for Student Life. The Vice President will sit as Chair (ex-officio) of the Appeal Board. Board decisions in all cases are advisory to the Vice President. The Appeal Board will determine the procedure to follow after consideration of the specific case. The Appeal Board will adhere to the principles of appropriate process as stated in the University’s conduct procedures.

Sanctions

Conduct action is based on the seriousness of the offense, individual circumstances, and the best interest of the University community and the student’s education and growth. Sanctions will be stated in writing and maintained as a formal record in the Dean of Students Office. A combination of sanctions may be invoked when appropriate. Students who repeatedly violate policy will be assigned progressively more serious sanctions. The sanction or combination of sanctions, which may be imposed upon individuals or organizations, include the following:

Conduct Warning

A Conduct Warning is a written notice that the student’s behavior required conduct proceedings. The nature and circumstances of the conduct does not deserve further action, but the warning is recorded in the Office of the Dean of Students for future reference for the duration of the student’s enrollment.

Restitution

Restitution is the reimbursement for damage, destruction or misappropriation of property on University premises. When imposed, restitution to the University or a member of the University community will be made in addition to a previously defined sanction.

Fines

Fines are penalty fees payable to the University depending on the degree of infraction. The amount is determined by the Preliminary Hearing Officer, Conduct Board, or Administrative Hearing Officer.

Redirective/Educational Projects

These projects or programs promote the education of the student through experiences that enhance personal growth, improve understanding of the community, and/or contribute to the larger community outside of the University.

Restricted Access

Restricted Access, commonly known as a No Trespassing Notice, or No Contact order, is official notification that an individual is not welcome to visit campus facilities or a specific community member(s). This may be administered for a specific building or general areas of the campus with or without a termination date. The University may request intervention of civil authorities if an individual violates this restriction.

Removal from University Housing

A student may be dismissed from living in University Housing and/or banned from visiting University residence facilities. Students with board contracts receive a pro-rated refund; no reimbursement is provided for the balance of a housing agreement.

Conduct Hold

A Conduct Hold is a restriction placed on a student’s academic records for failure to complete a sanction, to pay a fine/restitution, or to attend a preliminary or formal hearing. A conduct hold prevents the student from registering for classes and receiving grades, and/or other services normally provided by the Registrar’s Office.

Probation

Probation is a sanction that includes a period during which the student must demonstrate the ability to comply with University rules, regulations, and/or other conditions imposed. Students who are recipients of University scholarships and are placed on Probation may be subject to gradation or removal of that scholarship during the term of probation. Since the majority of undergraduates are legal dependents of their parents/guardians, the University reserves the right to contact parents and/or guardians when the sanction of Probation has been imposed. Any additional violation of University policy, however minor, may result in Suspension or Dismissal. Probation may be administered in two forms.

1. Specific Probation: with or without conditions, is imposed for a specific period of time. Conditions may include any combinations of the sanctions listed above, plus the loss of privileges.
2. General Probation: imposed for the student’s tenure at the University.

Interim Suspension

Interim Suspension is the temporary suspension of a student’s enrollment, housing, or other University privileges, pending full consideration of a conduct case. The Dean of Students or his/ her designee must determine there is a reasonable cause to believe a student has violated any of the University’s rules and regulations and that danger or disruption will be present if the student is permitted to remain on campus or in University housing to impose an Interim Suspension.

Suspension

Suspension is the termination of student status for a specified period of time. Conditions of reinstatement are included in the order of suspension. A suspended student is charged fees for the semester in which the suspension occurs in accordance with the published University Withdrawal and Refund Policy Statement. A grade of “W” is assigned for the same semester courses remaining on the student’s transcript. A statement of the student’s status is sent to the Vice President for Academic Affairs, the Vice President for Enrollment Management, and the Registrar and the record of the sanction is maintained for seven years in the Dean of Students Office. Since the majority of undergraduates are legal dependents of their parents/ guardians, the University reserves the right to contact parents and/or guardians when sanctions of Suspension from the University Housing or Suspension/Dismissal from the University are imposed. Independent students should notify the Dean of Students of their independence and verify that status if requested.

Dismissal

Dismissal is the permanent termination of student status and separation from the University. A dismissed student is charged full fees for the semester in which the dismissal occurs in accordance with the published University Withdrawal and Refund Policy Statement. A grade of “W’ is assigned for the same semester courses remaining on the student transcript. A statement of the student’s status is sent to the Vice President for Academic Affairs, the Vice President for Enrollment Management and the Registrar and recorded permanently in the Dean of Students Office. Since the majority of undergraduates are legal dependents of their parents/guardians, the University reserves the right to contact parents and/or guardians when sanctions of Suspension from University Housing or Suspension/Dismissal from the University are imposed. Independent students should notify the Dean of Students of their independence and verify that status if requested.