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Student Code of Conduct

Generally, the College defines prohibited conduct for which a student may be held responsible as follows:

1. Acts of academic dishonesty or misconduct including, but not limited to, cheating and plagiarism.

2. Physical, sexual assault, threatening behavior or any unwanted conduct which threatens the health or safety of any person or the sanctity of the campus.

3. Substantial damage to College, public or private property.

4. Violation of rules governing the College; its facilities, documents and services:
A. Noise Violation or Quiet Hour Violation
B. Guest Policy Violation
C. Tobacco Free Policy Violation
D. Violations of rules governing the College, including but not limited to, unauthorized entry into or occupation of College facilities which are restricted to use; unauthorized access to, altercation, fabrication, or misuse of College identification cards, computer files or systems.
*[See also "Housing Agreement: Terms and Conditions of Residency", "Dining Services", "Academic Computing" and "Information Technology" sections of this handbook and "Parking and Traffic Regulations" brochure available from the Public Safety Department].

5. Disorderly conduct including acts which breach the peace, and/or are lewd, indecent or obscene and/or intentional disruption or obstruction of teaching, research, administration, disciplinary procedures, other College activities or activities authorized to take place on College property.

6. Failure to comply with directions of College, local, state or federal officials performing official duties. This shall include failure to give proper identification when requested.

7. Any violation of fire safety procedures or policies.

8. Acts of non-academic dishonesty, including, but not limited to, furnishing false information to any College, local, state or federal official and tampering with the election of any College recognized student organization.

9. Violation of a student's rights or privileges and sexual, verbal or written harassment, abuse and/or disrespect to any person [See also "Statement of Student Privileges"].

10. Any violation of federal, state, or local law not otherwise covered by the Student Code of Conduct [See also sections on alcohol, discrimination, drugs, hazing, gambling, Federal Educational Rights and Privacy Act, firearms/fireworks, rape and sexual assault, sexual harassment, and smoking.

Violation Levels
Violations of the Student Code of Conduct are generally grouped into three levels based upon their magnitude or seriousness. Multiple violations or the severity of a single violation may heighten the given sanction. Some acts of misconduct may fall within two or more standards of the Student Code of Conduct. In such cases, the College has the right to impose all of the sanctions available for all of the violations. Violation levels are generally described as the following:

Level One violations generally are breaches of the Student Code of Conduct which adversely affect the living community, be they within a House, Hall or Floor. Examples of Level One violations can include, but are not limited to: breaches of the Guest Policy, the Pet Policy, the Quiet Hours Policy, and the Posting Policy. Sanctions generally assigned to students for Level One violations are listed as items (a) through (e) below, but may include others. First-time alcohol offenses have an automatic sanction of (e) below, but may include others as well if so determined by the Hearing Officer.

Level Two violations generally are breaches of the Student Code of Conduct which adversely affect the Dean community at-large. Examples of Level Two violations can include, but are not limited to: disruptions in the normal operations of the College; misuse of computer files or systems; destruction of property; failure to comply with directions of College officials; vandalism; suspicion of and/or possession of marijuana; or possession of candles/incense. Second or third breaches of the alcohol policy are also considered Level Two violations (as are repeat violations of other College policies). Sanctions generally assigned to students for Level Two violations are listed as items (e) through (l) below, but may include others.

Level Three violations generally are breaches of the Student Code of Conduct which include threatening behavior and unwanted contact that may compromise the health and safety of the Dean community at-large or individuals, specifically. Examples of Level Three violations include, but are not limited to: use, possession or distribution of controlled substances; hazing; rape and/or sexual assault; harassment; possession or use of firearms; bomb threats; or physical assault. A fourth breach of the alcohol policy is also considered a Level Three violation. Sanctions generally assigned to students for Level Three violations are listed as items (m) and (n) below but may include others.

Note: Given the importance of quiet and calm during final exam periods, violations of the Student Code of Conduct during such periods may be considered more serious than similar violations at other times during the academic year and may be, therefore, cause for more severe sanctioning.

Hearing Procedures
Hearings shall be conducted by a Judicial Body according to the following guidelines:

a) Hearings shall be conducted in private.

b) Admission of any person to the hearing shall be at the discretion of the Judicial Officer and/or Chairperson.

c) In hearings involving more than one accused student, the chairperson of the Judicial Body, in her/his discretion, may permit the hearings concerning each student to be conducted separately.

d) The complainant and the accused have the right to be assisted at the hearing by any advisor they choose, except that the advisor may not be an attorney. The accused is responsible for presenting her/his own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a Judicial Body.

e) The complainant, the accused and the Judicial Body shall have the privilege of summoning and presenting witnesses, subject to the right of questioning by the Judicial Body. The Judicial Body has the discretion to assess whether witnesses are presenting information about relevant matters within their personal knowledge.

f) Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a Judicial Body at the discretion of the chairperson. Assumptions, speculations, or references to prior, unreported incidents will not normally be permitted.

g) All procedural questions are subject to the final decision of the chairperson of the Judicial Body.

h) After the hearing, the Judicial Body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated each section of the Student Code which the student is charged with violating.

i) The Judicial Body's decision shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct (preponderance of evidence). Technical rules of evidence and other "due process" rights associated with courts are not applicable to the College judicial process.

j) All charges of misconduct shall be presented to the accused student in written form. Generally, a time shall be set for a hearing between two and fifteen business days after the student has been notified. Maximum time limits for the scheduling of hearings may be extended at the discretion of the Judicial Body.

k) There shall be a single written record of all hearings before a Judicial Body, for use by the complainant. The record shall cite the violation(s), the decision (responsible or not responsible), a brief statement of the facts upon which the finding is based, and the rationale for the disciplinary sanction(s). There shall be no audio/visual recordings of hearings.

l) Failure to obey the summons of a Judicial Body or failure to attend one's own hearing does not preclude the case from still being heard and a decision being rendered.

m) Decisions made by a Judicial Body shall be final and in effect, pending the normal appeal process. Following a hearing, the Judicial Body shall advise the accused in writing of the decision of the hearing and of the sanction(s) imposed, if any.

n) The College reserves the right to resolve a case and sanction a student, including suspension or dismissal, without a hearing where such action is deemed necessary or appropriate by the Dean of Students.

Appeals
A decision reached by a Judicial Body may be appealed by the accused student(s) or the complainant(s). A request for an appeal must be submitted in writing to the Director of Judicial Affairs (or her/his designee) within five (5) business days of the decision. Reasonable efforts will be made to deliver the decision to the accused student(s) and the complainant(s) promptly following the decision, however the five business day deadline for appeal runs from the date of the decision, not receipt of the decision in writing.

The written request for an appeal must be based upon one or more of the following reasons:
a) Violation of College judicial procedures.
b) New evidence not reasonably available at the time of the hearing.
c) Improper or excessive sanction(s).
d) Decision not supported by the preponderance of evidence.

Upon receipt of the appeal, the Director of Judicial Affairs and/or an Appellate Body, will do one of the following:
a) Accept to hear the case at their discretion.
b) Refuse to hear the case for lack of sufficient reason for appeal.
c) Request another hearing.
d) Investigate and amend the decision and/or sanction.

In appeals involving claims of improper or excessive sanctions, decisions following appeal cannot result in more severe sanctions for the accused student.
When an appeal is denied, or at the end of the appeal process, the case will be considered closed, unless otherwise determined by the Director of Judicial Affairs.

As part of your educational sanction, you have been referred to The Judicial Educator on www.reslife.net.  Follow the instructions below to complete this module.

1)      Log onto the Website www.reslife.net.
2.)     Click on the link below the 4 pictures that says, The Judicial Educator.
3)      Enter the following username and password information into the login area:
                           Username: dean 
                           Password: bulldogs
4)      Click on the appropriate module, named above, and begin.
5)      After you have successfully completed the module, an e-mail notification form will appear.  Place the following e-mail address: jflaherty@dean.edu  into the notification form to notify the Residence’s Life Office that you have fulfilled your sanction.