"The Green Pages" Student Handbook '07-'08

Code of Conduct, 2007-2008

Code of Student Conduct

I. Introduction and Purpose
Jacksonville University students are expected to contribute to the development and sustenance of a community characterized by respect, caring and honesty.  This expectation calls for behavior which demonstrates the five principles of student conduct: respect for oneself, respect for others, respect for property, respect for authority, and honesty.

The Code of Student Conduct encourages students to take responsibility for positively contributing to our living and learning community.  The University affords certain rights to students and expects in return that students will conduct themselves in a mature and responsible manner that best represents the institution and themselves.  If, however, the behavior or conduct of a student infringes on other members of the community or negatively impacts the institution, the University reserves the right to address the behavior through the judicial procedures prescribed herein.  Students are responsible for being fully acquainted with the student handbook, University catalogue, and all other rules and regulations pertaining to students, and for complying with them accordingly.

Principles of Student Conduct

Respect for Oneself
The University values all of its students and is concerned with their total development.  Therefore, it is appropriate to set expectations for personal integrity, which encourage students to appreciate their own talents, to take themselves and their academic pursuits seriously and to enhance the quality of their lives.  When an instance of disrespect for self is known, the University will routinely respond to a student engaging in self-destructive behaviors - behaviors which might impede an individual’s ability to enjoy the privileges of education and to fulfill his/her obligations as an educated leader.  Students engaging in such behaviors are also encouraged to seek help from the University community.

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, without which there is no community.  Therefore, Jacksonville 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 or nationality, and avoid all forms of harassing or offensive behaviors.

Respect for Property
The mission we share depends upon 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 Jacksonville University that authority especially 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.  They help to define the atmosphere which supports and fosters the University’s common mission.  Additionally, these individuals provide structure to preserve the well-being and freedom of community members and an orderly environment in which all can develop.  The successful exercise of authority depends in part on the respect it enjoys from the community it serves.

Honesty
Jacksonville University’s educational mission reflects a commitment to the development of the whole person.  While at the University, students are expected to demonstrate the personal characteristic of honesty and integrity in all aspects of their campus life, both inside and outside the classroom. 

Jacksonville University students enroll voluntarily in a private, independent educational institution which embodies these principles.  Students who find their personal values incompatible with those of the University, and who 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.

II. Student Judicial Authority and Responsibility
Under the authority of the charter of the University, the Board of Trustees has designated that the President and his/her designees provide a nurturing and respectful environment for learning and living.  Consequently, the University has developed guidelines and regulations for student conduct which will enhance and support that undertaking.  Responsibility for the student judicial system is delegated to the Dean of Students, who is the chief student judicial officer of the University. Professional Residential Life staff members and other trained administrators/staff members may be designated as judicial officers, at the discretion of the Dean of Students.

III. Definitions
When used in this Code, the following definitions are applicable:
STUDENT:  A person who is registered for one or more credit courses and/or non-credit courses. A person who has not officially enrolled for a particular term but has a new or continuing relationship with the University may be classified as a student.
FACULTY MEMBER:  Any person hired by the University to conduct academic or classroom related activities.
UNIVERSITY or INSITUTION: Refers to Jacksonville University.
UNIVERSITY OFFICIAL: Any person employed by the University performing assigned administrative or professional responsibilities, including student staff members.
GROUP or ORGANIZATION:  Any number of persons who have complied with the formal requirements of University recognition for groups and organizations.
UNIVERSITY PROPERTY or UNIVERSITY PREMISES:  All land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University.

IV.  Procedural Protections for Accused Students
Students who are accused of violating the Code of Conduct are entitled to the following procedural protections.  Accused students are responsible for fully familiarizing themselves with these procedural protections, and presenting any questions in this regard prior to scheduled disciplinary conferences and hearings.

1. Notice of the alleged violation and a summary of the alleged misconduct upon which the violation is based.
2. To offer a relevant response to the alleged violation and alleged misconduct.
3. Notice of any scheduled disciplinary conferences or hearings.
4. To challenge the appointment of any hearing board member with prior knowledge of the events which are the subject of the hearing (does not apply to disciplinary conferences).
5. To have a student, faculty or staff member from the University community accompany them as an advisor for support in a disciplinary conference or hearing.
6. To receive written notification of the outcome of the disciplinary conference or hearing.
7. The right to privacy in the conduct of disciplinary conferences and hearings and record keeping, in accordance with the terms of the Family Educational Rights and Privacy Act of 1974 and any other relevant federal or state regulations.
8. To appeal sanctions assessed in a disciplinary conference or hearing.

Violations which occur during times, including but not limited to final exam weeks, may result in the forfeiture of certain procedural protections in order to resolve the matter in a timely manner.  The University reserves the right to adjust the Disciplinary Process as it determines necessary in order to assure fairness, order, efficiency or the physical and emotional security of individuals.

V. Statement on Victims
The University will take reasonable measures to assist students who are victims of acts by other students that violate the Code of Conduct and/or other University policies.  The Dean of Students or a designee will meet with student victims and discuss the student disciplinary process as well as reasonable options which are available to assist victims in continuing their educational experience at the University.

VI.  Prohibited Student Conduct
The behaviors detailed below provide students with general notice of prohibited conduct.  The list is not designed to be all-inclusive, but should serve as examples of unacceptable student behavior, and thus be broadly read.  The following actions, in addition to violations of all other rules and regulations relating to students, constitute conduct for which students may be disciplined.

1. Endangering or causing physical harm to any person.  Causing reasonable apprehension of such harm.  Other conduct which endangers the health or safety of any person including, but not limited to: verbal abuse, threats, intimidation, harassment or coercion.
2. Sexual assault, attempted sexual assault, other non-consensual sexual activity, or sexual harassment.
3. Attempted or actual theft, wrongful appropriation, and/or damage to property or of services belonging to the University, a member of the University community, or other entities permanently or temporarily associated with the University, or knowingly possessing stolen property.
4. Dishonesty or furnishing false information to the University.  Furnishing false information to the University during the investigation or hearing of a disciplinary matter.
5. Forgery, alteration, destruction, or unauthorized use of University documents, records, and/or instruments for identification.
6. Damage to, destruction of, vandalizing, and/or unauthorized selling of University property or property belonging to others.  Littering or dumping trash on grounds or common areas.
7. Having a registered vehicle with the University which has been cited with an excessive number of parking violations.
8. Failure to satisfy promptly, after notice, all financial obligations with the University and/or agencies either permanently or temporarily associated with the University.
9. Unauthorized use, access, or misuse of the University’s information technology and computing resources and/or facilities.
10. Any act of arson, falsely reporting a fire or other emergency, falsely setting off a fire alarm, misusing or damaging fire or life safety equipment.
11. Possession, use or storage of, while on university property or university premises, any weapons or incendiary devices including but not limited to, firearms, air and paintball guns, knives, fireworks, or ammunition.
12. Unauthorized sale, attempted sale, use, distribution, manufacture, dispensing, or possession of any controlled substance, alcohol (when unauthorized), illegal drugs or drug paraphernalia on University property, University premises or at University sponsored activities.
13. Underage drinking on university property, university premises, or at any University sponsored activity, whether on or off campus.  Possessing, storing, dispensing, or consuming alcoholic beverages in the presence of anyone who is under the age of 21 on University property or premises.  Being under the age of 21 and in the presence of alcoholic beverages.  Possession of kegs or other common containers of alcoholic beverage.
14. Refusal or failure to respond to a request to report to a University administrative office, a disciplinary conference, or disciplinary hearing board.
15. Failure to comply with the directives of, or failure to identify oneself to (upon request), University officials acting in the performance of their duties.  Verbally threatening, abusing or harassing University officials acting in the performance of their duties.
16. Disorderly conduct, lewd, indecent or obscene behavior, or public intoxication on University property, University premises or at University sponsored activities.
17. Interfering with, obstructing, or disrupting normal University or University sponsored activities, including but not limited to studying, teaching, research, disciplinary proceedings, University administration, residence hall living, student activities or fire, police or emergency services.
18. Violating the terms of any disciplinary sanction imposed in accordance with the Code of Conduct.
19. Failure to appear and give testimony at University disciplinary proceedings, following proper notification.
20. Interfering with the freedom of expression of others on University premises or at University sponsored activities.
21. Maturing or causing to be initiated any false report, warning or threat of fire, explosion or other emergency on University property, University premises or at University sponsored activities.
22. An attempt to commit or to be an accessory to the commission of any act in violation of the Code of Conduct or other rules and regulations pertaining to students.  Inciting other students to violate the Code of Conduct or other rules and regulations pertaining to students.
23. Commission of an act or an attempt to commit an act which may be considered a violation or local state, or federal law, whether such conduct occurs on- or off-campus.
24. Violation of rules and regulations governing the use of motor vehicles on University property, University premises or at University sponsored activities.
25. Participation in, or inciting of, activities which disrupt the normal operations of the University, infringe on the rights of other members of the University community, and/or obstruct the freedom of movement, either pedestrian or vehicular, on University property and premises.
26. Unauthorized use of or entry into University facilities and/or unauthorized possession of keys or other instruments of access to facilities.
27. Hazing, defined as an act which endangers one’s mental or physical health or safety, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as condition for continued membership in a group or organization.

VII. Referral to Disciplinary Conferences and Hearing Boards
The disciplinary process is an educational tool that assists in determining responsibility for misconduct, and provides a method to redirect behaviors toward patterns more acceptable to the University community.

Upon receipt of reports or other information which allege a potential violation of the Code of Conduct or other rules and regulations pertaining to students, Division of Student Life staff members will conduct a preliminary review of the matter. Students will typically be referred to an informal disciplinary conference (as described in Section VIII of this Code) with a staff member from the Division of Student Life or other designee.  Students may also be referred to a formal hearing before a designated hearing board (as described in proceeding sections of this Code).  The Dean of Students has full and complete discretion to refer any and all student cases to the hearing venue deemed most appropriate.  During periods when timely hearing procedures cannot be conducted, and in instances when the number of cases to be heard cannot be scheduled in a timely manner, alternative procedures may be adopted to efficiently and fairly resolve cases.  Students should be advised that conduct violations which disrupt the academic endeavors of the institution, such as those occurring during final exam week, may result in the forfeiture of certain procedural protections in order to resolve the matter in a timely manner.

Failure to Participate/Appear
Students summoned to a disciplinary conference or hearing board are expected to appear as scheduled.  Students who fail to appear will be considered in violation of Prohibited Student Conduct Number 14 (Refusal or failure to respond to a request to report to a University administrative office, a disciplinary conference, or disciplinary hearing board).  A conference or hearing will be held in the student’s absence, and the student will be notified in writing of the sanction(s) imposed.

Closed Proceedings
All preliminary meetings, disciplinary conferences, and hearings are closed processes open only to Disciplinary Conference Officers, Hearing Board members, the accused student(s), the student’s University advisor, and relevant called witnesses. The disciplinary process serves an educational rather than legal purpose; therefore students are not allowed legal or parental representation during a disciplinary conference or hearing, unless express written permission to that effect has been granted by the Vice President for Student Life.

Concurrent Civil or Criminal Action
Disciplinary action may be initiated against a student charged with a violation of local, state or federal law which is also a violation of the Code of Conduct and/or other rules and regulations pertaining to students when both violations result from the same factual situation, without regard to pending civil litigation, criminal arrest, and/or prosecution.  Disciplinary proceedings as set forth in this Code may be carried out prior to, simultaneously with, or following external civil or criminal proceedings.

VIII. Disciplinary Conferences
Students accused of alleged violations will typically be referred to an informal disciplinary conference with a staff member from the Division of Student Life or other designee, referred to as the “Disciplinary Conference Officer”.  Students will be provided with reasonable notice of a scheduled disciplinary conference.  At such a conference, students will be provided with notice of the alleged violation and an account of the alleged misconduct upon which the violation is based.  Students will be afforded the opportunity to offer a relevant response to the alleged violation and alleged misconduct.  Accused students will be required to answer fully any questions asked of them by the Disciplinary Conference Officer.  During the course of the conference, students are expected to uphold the Code of Conduct and be honest at all times.  For a student to be found responsible for violation the Code of Conduct and/or any other rules and regulations pertaining to students, it should be determined that it is more likely than not that an alleged incident occurred.

If the Disciplinary Conference Officer does not believe additional investigation is warranted, a determination as to responsibility will be made, and if applicable, a sanction determined.  The Disciplinary Conference Officer will provide the student with written notification of the outcome of the disciplinary conference.

IX.  University Judicial Board
The University Judicial Board is authorized to handle violations of University regulations and policies.  The University Judicial Board is typically comprised of faculty, Student Life staff members, and/or students and is chaired by the Dean of Students or his/her designee. The University Judicial Board is authorized to hear cases which may result in sanctions up to and including suspension from the University. 

Following the assignment of a case to a the University Judicial Board, the Dean of Students, or his/her designee, will provide the accused student with written notice of the alleged violation; an account of the alleged misconduct upon which the violation is based; and the date, time, and location of the scheduled hearing.

The Board will conduct the hearing in a manner consistent with the disciplinary process of the University.  Following the hearing, the Board will provide the recommended finding(s) and sanctions to the student and notify the Dean of Students.  The Dean of Students will then formally notify the student in writing of the findings and sanction(s) to be imposed.

During the course of a judicial hearing, students are expected to uphold the Code of Conduct and be honest at all times.  The accused student will be required to answer fully any questions asked of him/her by members of the hearing board.  Additionally, the hearing board will have the right to require the presence and testimony of witnesses relevant to the case.  As a condition of their enrollment at Jacksonville University, students are required to appear as witnesses and give testimony unless excused for cause.  Students who fail to appear after proper notice will also be considered in violation Prohibited Student Conduct Number 14 (Refusal or failure to respond to a request to report to a University administrative office, a disciplinary conference, or disciplinary hearing board).

Should the hearing board decide it requires additional information or testimony to resolve the case, a second hearing date will be scheduled to review this information. 

Accused students have the opportunity to have a student, faculty or staff member from the University community accompany them as an advisor for support in a hearing.  Advisors are not permitted to speak, present information, or substitute for the student’s role in offering information or questions.  The University reserves the right to bar individuals from participating as advisors who have failed to observe the standards of conduct, who have failed to assist and advise students properly on the process or who have otherwise disrupted the judicial process.  The Vice President for Student Life shall have sole discretion for making such determination.  The University does not warrant the competency of any faculty, staff member, or student chosen to act as an advisor.

During the process of deliberation regarding responsibility and sanctions, Board members will make decisions based on the information available for their review, including, but not limited to, all testimony from witnesses, written statements, and other relevant information.  Hearsay may be considered in the deliberation process.  For a student to be found responsible for violation the Code of Conduct and/or all other rules and regulations pertaining to students, it should be determined that it is more likely than not that an alleged incident occurred.  The student will be provided written notification of the hearing outcome.

X.  Procedures for reviewing misconduct by student groups
Student groups may be accused of violating the Code of Conduct, and be held responsible either individually or collectively, if violations by those associated with the group received the tacit or overt consent or encouragement of the group or its officers.  Possible violations will be referred to the Division of Student Life for processing under the provisions of the Code of Conduct.  Sanctions for a student group may include revocation of the group’s recognition by the University, as well as other appropriate sanctions.

Cases involving student groups will normally be heard by the Director of Campus Activities/Student Commons, or a designated student judicial board. 

Student groups will be accorded the same hearing and appeal procedures provided for students herein, except where noted in the following section.

XI.  Procedural Protections for Accused Student Groups
Student groups accused of violating the Code of Conduct and/or other Jacksonville University policies are entitled to the following procedural protections.

1. Notice of the alleged violation and an account of the alleged misconduct upon which the violation is based.
2. To offer a relevant response to the alleged violation and alleged misconduct.
3. Notice of any scheduled disciplinary conferences or hearings.
4. To challenge the appointment of any hearing board member with prior knowledge of the events which are the subject of the hearing.
5. To have a faculty or staff member or alumni/graduate member accompany them as an advisor for support in a disciplinary conference or hearing.
6. To receive written notification of the outcome of the disciplinary conference or hearing.
7. To appeal sanctions assessed in a disciplinary conference or hearing.
8. Groups accused by the University will not have the opportunity to question persons who have filed reports adverse to them, as the University serves as the complainant in these cases.

XII.  Sanctions
The purpose of disciplinary sanctions is to redirect students’ behaviors toward patterns more acceptable to the University community, if such redirection is feasible; and/or to protect the University community from possible harm or injury.  Mistakes and/or poor choices by students present “teachable moments” and the University uses these opportunities to redirect unacceptable conduct.  This information is promulgated to assure that students are aware of the potential consequences of their misconduct.  Sanctions for misconduct will be determined on a case to case basis, utilizing three main criteria:

1. The nature of the offense;
2. The precedent, if any, established at the University for similar offenses; and
3. The previous disciplinary history of the student, if any, and the student’s attitude and behavior throughout the disciplinary process.

Students should be aware that a history of conduct violations may affect their housing assignments if they are residential students.  Students, who fail to comply with University directives and/or discipline sanctions, may have holds placed on the release of their grades, records and/or transcripts by the Student Life Office.

Minimum Sanctions for Alcohol and Drug Policy Violations
The University seeks to educate students on the potential impacts of their choices with respect to alcohol and drugs, while at the same time holding students highly accountable for their actions.  Consequently, students violating regulations regarding the possession, use, manufacture, and/or distribution of alcohol and other drugs can expect to face serious consequences for their actions.  These are minimum sanctions – the circumstances of a case may dictate that additional and more severe sanctions be imposed.

Alcohol Violations

Other Drug Violations

Other Sanctions
The University may impose any of the following sanctions on a student or group of students:

Positive Actions
Positive Actions are required activities intended to engage the student in a positive learning experience related to the student’s inappropriate behavior.  Positive Actions should allow students to reflect upon their inappropriate behavior, to learn about the behavior in which they engaged, and to gain an understanding of why it is inappropriate or unacceptable.  Such actions may include engaging in a campus or community service project, attending or presenting a program related to the implications of the student’s conduct, writing a paper, or engaging in some type of personal assessment or counseling.

Non-paid work for the University or for a specified administrative area of the University may be assigned to students, in addition to any other sanctions which may be imposed.  Students may also be required to perform community service work in a specific field related to their violation.  Community service hours required to fulfill a sanction may not be applied toward the University required community service component of the core curriculum.

Warning
A warning serves as notice to a student, either written or verbal, that he/she has failed to meet the University’s expectations for student conduct.  The warning will include a caution that the continuation or repetition of such behaviors will result in more serious penalties.

Reprimand
A reprimand is formal action censuring the student for failure to meet the University’s expectations for student behavior.  Reprimands are issued to the student by the official taking the action.

Restitution
A student whose actions deprive the owner of possession of, damage, deface or destroy any University or personal property shall be required to restore said property by replacement or by monetary reimbursement, in addition to any other sanctions which may be imposed.  Restitution charges will be placed on the students’ University accounts and must be paid in full immediately.

Fines
Monetary fines may be assessed against students as future deterrents of violations, in addition to any other sanction which may be imposed.  Fines will be placed on the students’ University accounts and must be paid in full immediately.

Notice to Parents
The University may at its discretion, and when it considers such action to be appropriate, notify the parents of students involved in disciplinary matters.  Usually, the University, in compliance with the Family Educational Rights and Privacy Act (FERPA) of 1974, will only notify the parents of a dependent student as defined in Internal Revenue Code, section 152, (1954).  However, as a condition of remaining at Jacksonville University a student may be required to notify his/her parents of his/her disciplinary standing with the University.

The Higher Education Act of 1998 gave universities who receive federal funding authority to notify parents for any drug or alcohol violation.  When the University believes it is in students’ best interest, the Dean of Students or designee will require a student to contact his/her parents regarding their disciplinary status, and have the parents confirm this notification.

Residential Probation
Residential probation, in conjunction with other possible sanctions, is applied to cases in which residential students’ behaviors are disruptive to the residential community.  Students are placed on residential probation for a period of time, and any further violations during the probationary period may result in immediate removal from the residential facilities and additional disciplinary sanctions.  (See “Suspension from Residential Facilities” below.)

Disciplinary Probation
Disciplinary probation is a notice to the student that his or her behavior is of such a nature as to place that student in jeopardy of removal from the University.  A student is placed on disciplinary probation for a specified period of time, and specific obligations are outlined.  During this period, the student must demonstrate the ability to comply with University rules, regulations and all other stipulated requirements.  Any violation of this probation or other University policies may result in the student being immediately removed from the University community.

Suspension from Residential Facilities
Serious infractions of residential life regulations or patterns of misconduct may lead to the suspension of a student from the residential facilities.  This sanction requires the immediate removal of the student from the residential community, cancellation of the housing contract, and forfeiture of any residential fees paid.

Deferred Suspension
Deferred suspension is used for repeated offenses of a less serious nature or for offenses found serious enough to warrant suspension, but where the specific circumstances of the case mitigate the offense. Deferred suspension is a designated period of time during which a student is given the opportunity to demonstrate the ability to abide by the community's expectations of behavior articulated in the Code of Conduct.  If the student is found in violation of any university rule during the time of Deferred Suspension, the Suspension takes effect immediately without further review. Additional student conduct sanctions appropriate to the new violation also may be taken. A student who has been issued a Deferred Suspension sanction is deemed “not in good standing” with the university for the duration of the suspension period.

Interim Suspension
Students may be immediately suspended from the University for a period of time following a serious violation of policy, if it is determined an immediate and/or imminent danger may exist to the student, others, or property.  This suspension will be implemented immediately and a disciplinary conference or hearing will follow.  Typically, students placed on interim suspension are immediately removed from the campus and the residential facilities.

Students who are arrested and/or jailed by an off-campus agency for a serious crime are subject to immediate interim suspension from the University, pending a review of the case by the Dean of Students or designee. 

Jeopardy
A student may be placed in jeopardy while pending criminal, civil and/or university charges are being resolved.  This sanction may be imposed concurrently or independent of other sanctions.

Suspension
Suspension from the University involves the exclusion of the student from participation in any academic or other activities of the University for a specified period of time.  Written notification of this action will be provided to the student.  Suspension from the University also involves the following:

1. The suspension will be noted on the student’s disciplinary record with the University;
2. The student will be withdrawn from all courses for the semester in which the violation occurred;
3. The student shall forfeit fees paid according to the normal refund schedule of the University;
4. The student is banned from campus, must refrain from visiting the University property, premises, or attending University-sponsored activities unless prior written permission has been granted by the Dean of Students; and
5. The suspension may include any other disciplinary action that is judged to be of value to the student.

Reinstatement from Suspension
When a student has concluded a suspension period, he/she must submit a letter to the Vice President for Student Life requesting reinstatement and provide documentation that he/she has taken action to positively address the issues which lead to the suspension. The student may return to the University only after the Vice President for Student Life has made an affirmative decision in this regard.

Dismissal
Dismissal is permanent expulsion from the University; it may be ordered as a result of very serious violations and/or repeated offenses.  In addition to forfeiting all tuition, room and board fees paid, the student suffers all the other losses and restrictions imposed upon suspended students.  Dismissed students additionally forfeit all academic credit for from all courses carried for the semester in which the violation occurred; and are never again eligible to apply for re-admission to the University at any time.

Departure from Campus Following Suspension or Dismissal
Any student, who has been suspended or dismissed from the University for disciplinary or other reasons, must leave the premises immediately after being notified of such action.

Postponement of Activity, Participation and Conferring of Honors and Degrees
The University reserves the right to delay or postpone the involvement of a student in any University-related activity, or delay or postpone the conferring of any honor or degree while any student disciplinary investigations or procedures, including appellate procedures, are pending.

Other Possible Sanctions
Other possible sanctions which may be assessed against students include, but are not limited to:

1. University facilities restrictions, with the exception of to attending classes, or required class functions;
2. Restriction from extracurricular campus events and programs;
3. Notification sent to the student’s academic advisor and when applicable, the Athletic Department and/or the NROTC program; and/or
4. Restriction from representing the University in any public performance, athletic event, committee, organization, or from holding any student government office or office in any recognized student organization, or participating in any organized University function;
5. Ineligibility to receive financial assistance from any funds provided by the University, including grants, scholarships, waivers, etc.; and
6. Ineligibility to hold an on-campus job (i.e. work study, institutional or third party).

XIII.  Appeal Process
When a student or student group is formally notified of the findings from a disciplinary conference or hearing board, the student has the right to appeal the findings or results of the hearing to the Dean of Students.  (In cases initially heard by the Dean of Students, appeals should be directed to the Vice President for Student Life.)  Such appeal requests must be filed in writing no later than three (3) University business days after receipt of the written results of the disciplinary conference or hearing. Appeals from students found responsible by the Disciplinary Conference Officer or hearing board will only be granted on the following grounds:

1. The sanction imposed is grossly disproportionate to the offense (including any consideration of the student’s prior offenses).
2. The student was not afforded his/her procedural protections as outlined in the Code of Conduct, and this significantly affected the student’s ability to receive a fair conference or hearing.
3. New information has become available since the initial conference or hearing which would have significantly altered its results.

In most cases, the Dean of Students (or Vice President for Student Life, when applicable) will only review written appeal requests, the case file, and written findings from a Disciplinary Conference or Hearing Board.  All sanctions assessed from a disciplinary conference or hearing board will remain in effect during the appeal period and process, until such time as they are reversed or modified.

Following review of the appeal request, the Dean of Students (or Vice President for Student Life, when applicable) may elect to void the decision, uphold the decision, alter the sanctions, or return the case to the Board or Officer for further consideration. The decision of the Dean of Students (or Vice President for Student Life, when applicable) in all appeal reviews will be final.

XIV.  Special Administrative Evaluation
The University reserves the right to deny admission, continued enrollment, or re-employment to any applicant or student whose personal history and background indicate that his or her presence at the University would endanger the health, safety, welfare or property of him/herself or members of the academic community, or interfere with the orderly and effective performance of the University’s functions.

A student may be subject to special requirements or sanctions, including suspension or dismissal from the University, for actions not otherwise covered in the Code of Conduct if it is determined from the student’s behavior that he or she:

1. Lacks the capacity to understand the nature of the accusation against him/her, or to respond and participate in the disciplinary process;
2. Poses a danger to self or others; and/or
3. Has become gravely disabled (lacks the ability to care for himself/herself).

In such instances, the case will be referred to the Dean of Students, who may schedule an evaluation of the student by appropriate medical and/or mental health care professionals either on or off-campus. Students must consent to evaluation as a condition of their enrollment or continued matriculation.  Any student who refuses to participate in any such evaluation may be dismissed or suspended as determined appropriate by the Dean of Students.  The student may also elect to seek an independent medical or psychological evaluation (at their own expense), for purposes of this review.

In addition, it may be necessary for the safety and health of the student and or community that he/she be transported to a treatment facility. If the University and/or its agents deem necessary, community authorities will be contacted in order to assist in this regard.

The University reserves the right to adjust the Disciplinary Process as it determines necessary in order to assure fairness, order, efficiency or the physical and emotional security of individuals.