CONDUCT SYSTEM

1. COMMUNITY EXPECTATIONS

1. INTRODUCTION

As a Jesuit and Catholic University, John Carroll University strives to foster the fullest development of its students in an atmosphere of care and concern.  The Jesuit value of cura personalis, the care of each and every individual, along with the University’s mission to inspire individuals to excel in learning, leadership, and service call us to promote the growth and development of the whole person.  This is also articulated in the University’s core values that call for the creation of a rigorous approach to scholarship, an inclusive community where differing points of view and experience are valued, a commitment to sharing our gifts, and an appreciation that our personal and collective choices can build a more just world.  Our community holds high expectations of how we live and interact with each other as we are all interconnected and thus the actions of one of us has an effect on us collectively.  Respect for self, respect for others, respect for property, respect for authority, and honesty, both within and outside the University community are the foundations for our standards of conduct.  In order for our community to thrive, all members must be active in contributing to an environment where people feel safe, sustained, engaged, challenged, and appreciated.  We must also hold ourselves and each other accountable for our actions as a part of our community life.

2. STUDENT CODE OF CONDUCT

Students enrolling in John Carroll University assume an obligation to behave in a manner compatible with the University’s function as an educational institution. The purpose of the Student Code of Conduct, herein referred to as the Student Code, is to establish the expectations regarding students’ behavior, and to expand upon the rights and responsibilities of students. These guidelines are not arbitrary legislation but have, as their primary purpose, the welfare of students and the entire John Carroll community. They have been formulated with the objective of directing and channeling the efforts of John Carroll students toward a successful University life.

The University is dedicated not only to learning and the advancement of knowledge, but also to the whole development of persons within the Catholic and Jesuit traditions. The University seeks to achieve these goals through a sound educational program that includes clear policies governing student rights and responsibilities. Since all members of this institution freely affiliate with this University, they make a decision to be bound by the rules, regulations, and principles of the University community.   The Student Code of Conduct applies to behavior both on and off campus.

Certain behaviors are incompatible with the above standards and are unacceptable in the University community. For these reasons, they are subject to disciplinary action by the University. Examples of such behaviors include, but are not limited to, the following:

1. Lack of Respect for Self
   1. Violating the University alcohol policy. This includes, but is not limited to, such behaviors as underage students being in the presence of or using alcoholic beverages, possession of a false identification indicating an underage person is at least 21 years old, or any student being intoxicated and/or incapacitated, on or off campus. It should be understood that the effects of alcohol do not relieve individuals of their responsibility to themselves and/or the community. (See full University alcohol policy, page 25 of the Community Standards Manual.)
   2. Violating the University drug policy.  This includes, but is not limited to, such behaviors as being in the presence of or possessing, using, distributing, and/or selling narcotics, drug paraphernalia, other drugs, or any controlled substance illegally.  It must be understood that the effects of drugs do not relieve individuals of their responsibility to themselves and/or the community.
   3. Engaging in behaviors which put the individual in danger.
      
2. Lack of Respect for Others
   1. Physically or verbally abusing, assaulting, threatening, endangering, or harassing any person.  This includes all written, oral, and electronic forms.
   2. Engaging in harassment based on race, ethnicity, gender, sexual orientation, ability, or religious affiliation.  This includes all written, oral, and electronic forms.
   3. Engaging in sexual assault, sexual exploitation, sexual harassment, non-consensual sexual contact and/or stalking as defined by the Sex Offense Policy.
   4. Participating in hazing which includes actions or situations that do or could result in mental, emotional, or physical discomfort; embarrassment; harassment; ridicule; or endangerment whether intentionally, for fun, or by consent.
   5. Misusing or interfering with fire equipment, or failing to follow fire drill or other emergency procedures. This includes tampering with, or disregard for, security precautions in the residence halls or other University premises.
   6. Interfering with the safety and/or health of a member of the University community, on or off campus.
   7. Possessing, using, or selling firearms, other weapons (such as pellet, paint, or BB guns, and weapons used in the practice of martial arts) or incendiary or explosive devices including fireworks on University premises.
   8. Engaging in behavior that is disruptive of the living and learning environment on campus or the living environment off campus.
   9. Throwing food or engaging in other disruptive behavior in the dining hall, Inn Between or other food service locations.
   10. Participating in lewd or indecent misconduct.
   11. Hosting guests whose actions violate University policies. It is the responsibility of each student to inform his/her guest(s) of University policies and community expectations for behavior.  Student hosts may be held responsible for the actions of their guest(s) on University premises and at University sponsored events off campus.
       
3. Lack of Respect for Property
   1. Engaging in the unauthorized entry into, use of, or occupancy of University premises.
   2. Engaging in the theft of, misuse of, damage to, or destruction of institutional, group, or private property, including library materials, computers, or computerized information.
   3. Engaging in arson or the irresponsible use of fire.
   4. Possessing property that is not your own, such as room keys or University identifications.
      
4. Lack of Respect for Authority  
   1. Intentionally interfering with any normal function of a University-sponsored activity, on or off campus.
   2. Violating published policies and/or rules governing residence halls, student organizations, or the University.
   3. Engaging in illegal gambling.
   4. Failing to comply with the directions of University employees acting in the performance of their duties. This includes, but is not limited to, Campus Safety Services personnel, Residence Life staff, or Dining Services staff.
   5. Engaging in acts or deeds that violate existing federal, state, county, or municipal laws or ordinances.
   6. Refusing to show or surrender University identification upon request by University employees acting in the performance of their duties.
   7. Failure to appear before the Dean of Students or designee.
   8. Not cooperating with any Student Conduct Administrator/Board by not being forthcoming and honest with information.
   9. Not complying with disciplinary actions imposed in a timely manner.
      
5. Dishonesty  
   1. Engaging in any form of dishonesty, including cheating, plagiarism, fabrications, or assisting others to do so. Normally, individual instances of academic cheating or plagiarism are handled by the faculty member and department. (See Academic Honesty Policy.)
   2. Knowingly furnishing false identification to the University. Misrepresenting information about oneself or others when providing information to a University official acting in the performance of his/her duties. 
   3. Engaging in forgery, alteration, or the unauthorized use of University records, documents, or instruments of identification.
   4. Misusing financial assistance (aid) through fraud and/or abuse.
   5. Violating a printed policy issued by Academic Affairs.

The above examples are illustrative rather than exhaustive.  In the event that there arises some ambiguity, inconsistency or need for clarification in this statement, such definition, interpretation or clarification shall be decided by the Dean of Students.

Students should consult the Undergraduate/Graduate Bulletins, this Community Standards Manual, the Residence Life housing contract, and other published University policies for a more complete list of expectations and regulations. 

2. DISCIPLINARY ACTIONS

If a student is found responsible for violation(s) of the John Carroll University Student Code of Conduct, disciplinary action will be taken.

In most circumstances, standard minimum actions will be used to address student behavior found to be in violation of the University’s alcohol policy, drug policy, and policy regarding fire alarms and firefighting equipment.  In all other cases, there are no standard disciplinary actions for violation of the Student Code.  Infractions lead to sanctions ranging from positive actions and University warnings to expulsion. The University seeks first and foremost to educate its students and make decisions regarding disciplinary actions from an educative perspective.  The descriptions provided below are intended to inform students of the range of possible consequences for failing to uphold the Student Code.  In each case, factors such as the nature and gravity of the incident, the motivation underlying the behavior, the student’s conduct history, and precedent in similar cases will be considered in determining the appropriate disciplinary action(s).
 
The disciplinary actions listed below may be used separately or in combination with one another.  Failure to comply with any disciplinary action will result in additional conduct charges and may result in additional disciplinary action(s).

1. Positive Actions

Positive actions are required activities intended to engage students in a positive learning experience related to the students’ inappropriate behaviors and allow students to reflect upon their inappropriate behaviors, learn new information about the behaviors in which they engaged and why it is inappropriate or unacceptable, and/or educate other students so they do not find themselves in similar circumstances.  This type of disciplinary action may include, but is not limited to, engaging in a campus or community service project, attending or presenting a program related to the implications of the students’ conduct, writing a paper, conducting interviews, or engaging in some type of personal assessment, mediation, advising, or counseling.

2. University Warning

A University Warning is a formal, written notice that the behavior or set of behaviors is inappropriate and violates the basic expectations of students as set forth in the Student Code.

3. Restitution/Financial Penalties

Restitution requires a student to pay for damages to and/or destruction or loss of University property, property of members of the University community, or of visitors to the University.  Restitution is also applicable for misappropriation of University funds, or for other expenses incurred as a result of violations of the Student Code.  The amount of restitution is dependent on the extent of damage/loss as well as what is determined to be the most appropriate way for a student to make amends for the damage/loss s/he caused.  The amount, form, and method of payment for restitution are decided by a Student Conduct Administrator. Financial penalties will be imposed on students who are dismissed from the residence halls and/or students who are suspended or expelled from the University.

4. Fines

For some offenses, fines may be imposed and the amounts depend on the infractions.  Money collected will be used to support educational programming. Delinquent fines may be assessed to the student’s billing statement.

5. Limitations on Activities and/or Access

Limitations on activities or access are assigned if the prohibition from participation in certain activities, events, or facilities has been determined to be in the best interest of the student and/or the University.  Limitations on activities and/or access may include, but are not limited to, a fixed period of ineligibility for service as an officer or member of any University organizations, or as a member of any University committees, boards, or councils, or as a participant in any intercollegiate activity; ineligibility to receive or maintain any award from the University; prohibition from attendance at social events; restricted entrance into various University buildings; or restriction from all forms of  contact with certain person(s).

6. Residence Hall Probation

Residence Hall probation is a formal notice to the student that s/he has engaged in behavior that is unacceptable in the residence halls (this includes off campus housing administered by the Office of Residence Life), and that if continued or other inappropriate behavior follows, more severe action may be taken, including the possibility of housing contract termination, University probation, deferred suspension, suspension, and/or expulsion from John Carroll University.  Residence Hall probation is for a fixed period of time that is determined by the Student Conduct Administrator/Board.  Official notice of residence hall probation may be provided to the student’s parent(s)/guardian(s) if the student is a dependent.

7. Residence Hall Reassignment

This action involves moving a student out of his/her assigned room, hall/wing, or building for a specific period of time or permanently.  This usually carries a visitation restriction to the previously assigned room, floor/wing, or building.  It may be necessary to move the student to a temporary space until a permanent space becomes available.

8. Residence Hall Suspension

A responsible living environment in the residence halls requires all members of the community to respect other residents’ rights for safety, security, and reasonable quiet.  Serious disruption of, or continued disregard for, the hall community can lead to removal from that community. This action calls for separation of the student from the residence halls for a period of time, after which the student is eligible to return. Conditions for returning may be specified.  Financial penalties will apply. Students who are suspended from the residence halls lose visitation privileges in any University housing during the period of their suspension. Written notification of this action may be provided to his/her parent(s)/guardian(s) if the student is a dependent.

9. Termination of Housing Contract

Repeated and/or serious violations of the terms of the housing contract may result in the termination of the housing contract and the immediate removal of the student from the residence halls, financial penalties, and loss of visitation privileges in any University housing. Written notification of this action may be provided to his/her parent(s)/guardian(s) if the student is a dependent. 

10. University Probation

University probation is a formal notice to the student that the activity in question is unacceptable and that, if continued or if other inappropriate behavior follows, more severe action may be taken, including possible suspension or expulsion from John Carroll University. University probation is for a specific period of time and can include such restrictions as denial of the opportunity to participate in extra-curricular activities or events, to perform in the name of the University, to serve as an officer of a student organization, or to reside in University housing. Additionally, students who have been placed on University probation for a period of more than 15 weeks will be limited in the options they may have for housing for the following year. Specifically, those students who are required to live in the residence halls for the following year will be assigned to a room by the Office of Residence Life after all other returning students have the opportunity to sign up.  (See page 53 of the Community Standards Manual for a complete explanation of these restrictions.) Written notification of this action may be provided to his/her parent(s)/guardian(s) if the student is a dependent.

11. Deferred Suspension

Deferred Suspension is for a specific period of time and is a formal notice to the student that the activity in question is unacceptable and very serious.  Suspension will remain deferred unless disciplinary actions assigned are not completed and/or unless continued inappropriate behavior follows. Additional violations of the Student Code will most likely result in suspension or expulsion from the University. In addition to housing restrictions noted under University probation, students who have been placed on Deferred Suspension for a period of more than 15 weeks will not be permitted to reside in Bernet Hall or any off campus properties administered by the Office of Residence Life for the following year.  Written notification of this action may be provided to his/her parent(s)/guardian(s) if the student is a dependent.

12. Suspension

Suspension from the University involves the exclusion of the student from participation in any academic or other activity of the University for a specified period of time and may include prohibiting the student from being on University premises. Written notification of this action will be provided to his/her parent(s)/guardian(s) if the student is a dependent. Suspension during a semester in progress will result in withdrawing the student from all registered classes and the application of any financial penalties. Suspended students may need to apply for readmission and may need to comply with certain conditions upon re-admittance. Additionally, suspended students may not participate in housing selection, limiting the options they may have for housing upon their return.  Students who have been suspended may not live in Bernet Hall or any off campus properties administered by the Office of Residence Life.

Reinstatement from Suspension

When a student has concluded the suspension period and completed the conditions accompanying the suspension, s/he must submit a letter to the Dean of Students or designee requesting reinstatement and provide evidence that s/he has satisfied the terms of the suspension.  The student may return to the University only after an affirmative decision has been made by the Dean of Students or designee.

13. Expulsion

Expulsion is a serious University disciplinary action and involves the permanent exclusion of the student from the University. This action also includes being permanently prohibited from being on the campus and all University owned or controlled off campus properties. An expelled student is not eligible for re-admission. Financial penalties will apply. Written notification of this action will be provided to the student’s parent(s)/guardian(s) if the student is a dependent. 

14. Revocation of Admission

Admission to the University may be revoked if it was obtained through fraud or misrepresentation, or if the student or potential student otherwise violates University standards.

15. Revocation of Degree Awarded

A degree awarded from the University may be revoked if it was obtained through fraud or misrepresentation or for other serious violation of University standards committed by a student prior to graduation.

16. Denial or Postponement of Awarding of Degree or Honor

A degree not yet awarded may be withheld despite a student’s completion of academic requirements, if the academic requirements were fulfilled through fraud or misrepresentation or the student committed a serious violation of University standards previous to graduation.  A degree or honor may also be temporarily withheld while any student conduct procedures or actions are pending.

Student Organization Disciplinary Actions

The actions of undergraduate and graduate student organizations are expected to be consistent with the Student Code.  If members of a student organization or students representing the group violate the Student Code, disciplinary action will be taken against the group as a whole, its officers, and/or individual members.  The following actions may be imposed if a student group or organization is found responsible for violation of the Student Code:

1. The actions described above in Section II A. Positive Actions, B.  University Warning, C.  Restitution, D. Fines, or E. Limitations of Activity and/or Access.
2. Written or verbal notification to national organization representatives, officers, and/or advisors.
3. Loss of Privileges—Denial of access to University owned facilities, removal of services performed by the organization, and/or denial of attendance or participation in activities and programs.
4. Social Probation—Probationary status for not less than one month, during which time the organization is restricted from participating in any combined social function with individuals or other student organizations outside its own membership.
5. Probation of Student Organization—Probationary status for a specified period, typically not less than one semester, during which time the organization will be required to fulfill specific conditions before reinstatement to good standing.
6. Suspension of Student Organization—Separation from the University for a specified period, typically not less than one semester.  This includes the loss of all rights and privileges of student organizations, including the use of University facilities.  The organization will be on probationary status for one year following completion of the suspension.
7. Termination of Student Organization—Permanent separation of a student organization from the University.

All decisions about and actions imposed on student organizations or groups will be kept in a file in the Dean of Students’ office.  Prior conduct actions will be reviewed if there are subsequent violations by the student organization.  Such actions may be considered when deciding an appropriate disciplinary action.

3. STUDENT CONDUCT PROCEDURES

1. Overview

Community expectations pertain to all students attending John Carroll University.  Students who are found responsible for violating University standards will receive one or more of the disciplinary actions noted above.  To determine if a student is responsible for a conduct violation, the student conduct procedures described below will be followed.

Any member of the University community may report an alleged policy violation of the Student Code.  The Dean of Students’ office, the Office of Residence Life, and Campus Safety Services can assist with this process.  Any report should be submitted as soon as possible after the event takes place, preferably within ten (10) business days.  In cases of serious misconduct, the University reserves the right to act on reports no matter when they are submitted.  The University will investigate all reports.

In cases where there may be a witness to an alleged violation, or in cases where a student who believes s/he has been a victim of another student’s misconduct requests that the University pursue the case even though s/he is unwilling to further participate in the process, or in cases in which pursuing the case is in the best interest of the University, the University reserves the right to pursue a case to its conclusion as the complainant.

A Student Conduct Administrator may conduct an investigation to determine if the report merits charging a student with a violation(s) of the Student Code.  If a student is charged with a violation, the Student Conduct Administrator will decide whether the case will be handled through an administrative hearing or a student conduct board hearing.  In some cases, the Student Conduct Administrator may offer the students involved in an incident the opportunity to substitute a student conduct hearing with a student conduct conference (described below).

The involved students identified in the conduct referral will be notified and will be asked to appear at the hearing.  All parties will be asked to provide written and/or verbal testimony and to explain what happened.  A determination of responsibility will be based on conduct referrals and the evidence presented at the hearing.

The hearing shall follow the procedures outlined in Section III, G.  During the hearing an accused student will have certain rights.  (These are described in Section III, G, 2.)  A written or electronic record shall be made of all administrative and board hearings.  In board hearings where recommendations are appropriate, the board will submit its recommendations to a Student Conduct Administrator.  At the conclusion of the hearing process, an accused student will have the right to appeal the disciplinary decision based on the criteria listed in Section III, H.

2. Notification

1.  The accused student will be notified by the Student Conduct Administrator at least two (2) business days before the hearing.  Included in the notification will be the date, time, location, and nature of the hearing, including a description of the specific violations of the Student Code s/he allegedly committed.  All communications to the student may be verbal, but must subsequently be confirmed in writing.

2.  The written hearing notification may be sent to the student’s residence, to the student’s University mailbox, or may be communicated to the student via e-mail to the student’s John Carroll e-mail account.  Students are expected to check their e-mail on a frequent and consistent basis and act in a timely manner as outlined in the Official Communication policy.  (See page 43 of the Community Standards Manual)

3.   The hearing notification will include a link to the University website where the student may access information describing the student conduct process, information about witnesses, advisors, and a listing of potential disciplinary actions.  Also included in the notification will be a notice about whether the formal hearing will be held by a Student Conduct Administrator or a Student Conduct Board.

3. Administrative Hearing

An administrative hearing is a formal hearing conducted by one (or two) Student Conduct Administrators.  The Student Conduct Administrator(s) will review all of the evidence, make a determination of responsibility or recommend the findings, and assign or recommend a disciplinary action as appropriate.  The administrative hearing will follow the procedures outlined in Section III, G.

4. Student Conduct Boards

Student Conduct Boards (Student Union Hearing Board, University Hearing Board) will conduct formal hearings on all cases assigned to them for the purposes of reviewing the evidence, and determining or recommending a finding of responsibility and disciplinary actions to the Student Conduct Administrator as appropriate.  The non-voting board chairperson will arrange for the hearing, chair the session(s), and develop a written statement including the determination of responsibility or recommended findings and the assigned or recommended actions(s) from the Student Conduct Board.  The board hearing will follow the procedures outlined in Section III, G.

5. Student Conduct Conference

In some cases, the Student Conduct Administrator may offer the student(s) involved in an incident the opportunity to substitute a Student Conduct Conference for a student conduct hearing.  The Student Conduct Conference can only take place if there is no student who believes s/he has been a victim in the incident, if the charged student accepts responsibility for the inappropriate behavior, and if the accused student elects the option of a Student Conduct Conference and waives the right to a student conduct hearing.  A Student Conduct Conference involves the following elements:

• it replaces a conduct hearing;
• does not require two (2) business days written notice;
• no written or electronic record is kept;
• usually does not involve in-person witness testimony;
• is usually considered an option only for students who have not been found responsible for prior violations of the Student Code;
• can lead to the imposition of disciplinary action for inappropriate behavior

Following the conference, the Student Conduct Administrator will determine appropriate disciplinary action (with consultation as appropriate), and communicate the action to the student in writing within five (5) business days following the conduct conference.

6. Organizational Hearing

An organizational hearing is a formal hearing conducted by one or more Student Conduct Administrators.  This type of hearing is conducted when there is a violation of the Student Code on premises rented, operated, or controlled by the organization; during an organization event; in any situation sponsored or endorsed by the organization; or in any event an observer would associate with the organization.  The Student Conduct Administrator(s) will review all of the evidence, make a determination of responsibility or recommend the findings, and assign or recommend a disciplinary action for the organization and/or individual member(s) as appropriate.  An organizational hearing differs from an administrative hearing in the following ways:

1. The organization’s advisor (faculty, administrator, staff, alumni, or other [excluding parents/guardians and lawyers]) is invited to attend the hearing.
2. The organization’s president and executive officers will usually officially represent the organization at the hearing, although additional officers and/or members of the organization may be invited to the hearing.
3. The organization will be asked to submit a written statement about the incident and its members’ involvement that will be used during the hearing. Otherwise, the organizational hearing will follow the procedures outlined in Section III, G.

7. Student Conduct Hearing Procedures

This section describes the format of the hearing and the rights of the accused student in a hearing process.  It also includes information about witnesses, advisors, the decision-making process, and the communication process.

1. Hearing Format
1. A single record consisting of written notes, tape recording, or other methods selected by the Student Conduct Administrator will be made of all hearings. (In cases with a possible outcome of suspension, expulsion, revocation of admission, revocation of degree awarded, or denial of awarding of a degree or honor, the hearing will be electronically recorded.)  This record will be retained for one month following the hearing or until the conclusion of any appeal process, whichever is longer.  The record will then be destroyed, except in cases of suspension, expulsion, revocation of admission, revocation of degree awarded, or denial of awarding of a degree or honor, when the electronic record shall be retained with the student’s record.
2. The Student Conduct Administrator/Board chair may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the students involved during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by other means, where and as determined in the sole judgment of the Dean of Students or designee, to be appropriate.
3. At the beginning of the hearing the students involved and advisors will be introduced to others who are present. 
4. The accused student will be informed of the alleged violations of the Student Code and will be advised that s/he has rights specified in Section III, G, 2.
5. The Student Conduct Administrator will read the conduct referral and ask the accused student to respond.
6. The complainant will be asked to describe what happened, and the accused student will have the opportunity to respond.
7. All communication between the students involved will be directed to the Student Conduct Administrator/Board chairperson.  The Student Conduct Administrator/Board Chairperson will decide which questions to ask of each person.
8. The Student Conduct Administrator/Board chairperson may reasonably limit the scope and time devoted to each matter or item of discussion during hearings, as well as the number of persons testifying.
9. The Student Conduct Administrator/Board chairperson will decide the order of witnesses and when they will be in the hearing room.
10. The Student Conduct Administrator/Board chairperson and/or members of the Student Conduct Board may ask questions of any students involved during the hearing.
11. At the conclusion of the hearing, the students involved and advisors will be asked to leave the room.  These individuals will not be present during the deliberations of a Student Conduct Administrator/Board.
12. All procedural questions are subject to the final decision of the Student Conduct Administrator.
    
    
2. Student Rights
   
   In the hearing notification letter and again at the beginning of the hearing, the accused student will be advised that s/he has the rights listed below.  Students with any questions about their rights are encouraged to contact the Associate Dean of Students.
   1. The student is entitled to be presumed not responsible, and be given an explanation of the conduct system and charge(s).
   2. The student is entitled to freedom from harassment or retaliation by others involved in the incident.
   3. The student is entitled to the use of all available internal and external support services in dealing with the aftermath of the situation.
   4. The student is entitled to object to a member of a Student Conduct Board for reasons of official or personal conflict of interest.
   5. The student is entitled to be present throughout the hearing, but not during the deliberation of the Student Conduct Administrator/Board.
   6. The student is entitled to the presence of an advisor from the University community, excluding legal counsel and/or parents/guardians.
   7. The student is entitled to remain silent (i.e., not to testify against him/herself) but must be informed that if silence is maintained, the case will be decided on the evidence presented.
   8. The student is entitled to freedom from having irrelevant personal history discussed during the conduct hearing (relevance to be determined by the Student Conduct Administrator).
   9. The student is entitled to know all evidence and testimony presented against him/her and to view pertinent materials supporting the case against him/her.
   10. The student is entitled to present pertinent evidence and the testimony of witnesses, excluding character witnesses, to substantiate his/her case and to comment upon and respond to the charges against him/her.
   11. The student is entitled to propose questions to be asked of others involved with the exception of advisors.
   12. The student is entitled to written documentation of the outcome of the conduct hearing.
   13. The student is entitled to make a written appeal of the disciplinary decision within five (5) business days of the date of notification of that decision.  University disciplinary actions are appealed to the Dean of Students.

Witnesses are entitled to freedom from harassment or retaliation by anyone due to their participation in the conduct hearing.

3. Attendance
   
   All conduct hearings will be closed to everyone except those persons specifically provided for in this procedure or persons whose presence at the hearing is authorized by the Student Conduct Administrator.
   
   If a student fails to attend a scheduled hearing, the hearing may proceed in his/her absence.  Under these circumstances, the information in support of the charges shall be presented and considered. Such an absence by the accused student will not be the reason to conclude that the accused student is responsible.  Such an absence by the complainant or student who believes s/he has been a victim of the accused student’s misconduct could result in a finding of “not responsible” for the alleged violations due to lack of evidence or information.  Such an absence will not be considered grounds for appeal.
   
   In cases involving more than one accused student, a Student Conduct Administrator or Chair of the Student Conduct Board may decide to conduct the hearings separately or jointly.
   
   Where two or more cases involving common occurrences or the same student(s) are pending simultaneously, the Student Conduct Administrator may decide to consolidate the hearing of such cases, or hear them separately.
   
   
4. Witnesses
   
   The accused student is responsible for arranging for witnesses testifying on his/her behalf to appear at the hearing.  Students who believe they have been a victim of the accused student’s misconduct, and the Student Conduct Administrator may also invite witnesses to appear at the hearing.  In the exceptional event that a witness is unable to attend the hearing, the witness may write or record a statement and discuss the statement with the Student Conduct Administrator before the scheduled hearing.  The Student Conduct Administrator is to be notified not less than one (1) business day before the hearing, of those persons intending to provide testimony, whether in person or in writing.  The Student Conduct Administrator/Board chairperson may reasonably limit the scope and time devoted to witness statements.  Witnesses are typically asked to comment only on the event(s) pertinent to the charges, not the character of the accused student(s)
   
   
5. Evidence
   
   In all cases, the procedures will not be subject to limiting rules of evidence.  Evidence will consist of oral and written testimony, incident reports, and any other material directly related to the incident.  Other evidence may also be considered and will consist of such things as second hand reports and circumstantial evidence.  The Student Conduct Administrator/Board chairperson may reasonably limit the scope of evidence considered in the hearing.

If during the course of the hearing the facts bear out that the accused student is responsible for any other violation(s) of the Student Code, it is the responsibility of the Student Conduct Administrator/Board to make a determination of responsibility or recommend the findings and assign or recommend the disciplinary action, as appropriate, for such violations.

6. Advisor
   
   The accused student, and a student who believes s/he has been a victim of the accused student’s misconduct in cases of a sex offense or other violent action, may have one advisor present at the hearing.  The advisor is a member of the John Carroll community who is not an attorney or a parent/guardian.  (In cases that involve an alleged violation of the Sex Offense Policy, the student who believes s/he has been a victim of the accused student’s misconduct may have an advisor that is not from the John Carroll University community but that person may not be an attorney or a parent/guardian.)

If the student wants to have an advisor present, the student must notify the Student Conduct Administrator of this fact in writing no later than two (2) business days before the hearing. The advisor serves as a support person and is intended to be of direct assistance to the student before, during, and after the hearing and therefore shall be allowed to attend the entire portion of the hearing at which information is received (excluding deliberations). The students involved are responsible for presenting their own information, and therefore, advisors are not permitted to speak at a hearing. A student should elect an advisor whose schedule allows attendance at the scheduled date and time for the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.

7. Substitution of Members/Quorum
   
   If a member of the Student Conduct Board believes that s/he is not qualified to serve on the board for personal or official reasons, that member may disqualify him/herself.  A student whose case is before the board may not object to the membership of the board except for reasons of official or personal conflict of interest.  The board chairperson will determine the validity of such objections and his/her determination shall be final.  If necessary, the board chairperson will replace the disqualified board member with a substitute.
   
   For the purpose of hearing any case that comes before a board, the presence of five voting members shall constitute a quorum.  A decision agreed to by a majority of the sitting board shall be the decision of the board.
   
   
8. Decisions and Communications
   
   At the conclusion of the conduct hearing, the accused student will be informed as to when the decision will be made and communicated.  Conduct decisions that result in positive action, University warning, restitution, fines, and/or residence hall probation will be made by the Student Conduct Administrator/Board and communicated to the accused student in writing within three (3) business days of the conclusion of the hearing.  All other findings and disciplinary actions will be made after consultation with and approval by the administrators indicated below:

Disciplinary actions of limitation on activities, residence hall reassignment, residence hall suspension, termination of housing contract, University probation, and/or deferred suspension will be reviewed and approved by the Associate Dean of Students. Cases heard by the Associate Dean of Students will be reviewed and approved by the Dean of Students.

Disciplinary actions of suspension, expulsion, revocation of admission, revocation of degree awarded, denial or postponement of awarding of degree or honor will be reviewed and approved by the Dean of Students.
The official receiving the recommendation may accept or change the recommended finding and/or disciplinary action.  The final decision will be communicated in writing to the accused student and the student who believes s/he has been a victim of the accused student’s misconduct if applicable, by the Student Conduct Administrator within five (5) business days of the conclusion of the hearing.  In the event that the written notification is delayed, notification of the delay and when the decision should be expected will be communicated.

All communication to students will be transmitted through the University’s e-mail system and/or in person.  Individual circumstances may permit or require communication by whatever means is necessary to reach the student promptly and reliably.  Following reasonable efforts to deliver any communication to a student personally, an indirect or substituted mode of delivery may be attempted. 

8. Appeals

1. Overview

A conduct decision made or disciplinary action(s) assigned may be appealed by the accused student. The Associate Dean of Students* will determine if there are grounds to warrant an appeal. *(Note—For cases in which the Associate Dean of Students makes the conduct decision, the Dean of Students will assume the appeal role described in this section.  For cases in which the Dean of Students makes the conduct decision, the Vice President for Student Affairs will assume the appeal role described in this section.)

Except as required to explain the basis of new evidence, an appeal shall be limited to review of the written or electronic record of the initial hearing and supporting documents for one or more of the following purposes:

1. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
2. To determine whether the decision reached regarding the accused student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.
3. To determine whether the disciplinary action(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed. Review of the disciplinary action(s) may not result in more severe disciplinary action(s) for the accused student.
4. To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the accused student appealing at the time of the original hearing.
   

2. Time Line
   
   A student has five (5) business days after receipt of the written notification of a conduct decision to file an appeal with the Dean of Students’ office.  Failure to appeal within the five (5) business day period waives the right to appeal.  Disciplinary actions will not be implemented while an appeal is under consideration.
   
   
3. Documentation
   
   The appeal must be in writing and must contain the following:

• the completed Request for Appeal Form which can be obtained in the Dean of Students’ office;
• a statement explaining in detail why the student is contesting the findings or the action(s);
• copies of any documents that will substantiate or clarify the appeal request.
  

4. Review of an Appeal Request
   
   Within five (5) working days of the receipt of the material pertinent to the appeal, the administrator hearing the appeal will notify the student in writing of his/her decision to deny the request for an appeal, to inform the student of the outcome of an administrative appeal decision or to accept the appeal for review by the University Appeals Board.  If a delay occurs in the receipt of the supporting material, or additional time is needed to review the material, this administrator will notify the student of the delay within five (5) working days of the appeal filing date.
   
   
5. Administrative Appeal Option
   
   An administrative decision to grant or deny an appeal may be made at the discretion of the administrator hearing the appeal.  This administrator may impose one of the following actions:

• affirm the conduct decision and thus deny the appeal;
• modify the conduct decision;
• return to the original Student Conduct Administrator/Board for a new or partial rehearing;
• refer the case to a new Student Conduct Administrator/Board (make up) for a new or partial rehearing;
• overturn the conduct decision.
  

6. University Appeals Board
   
   If an appeal is referred to the University Appeals Board (UAB), the student will be informed of the date and time when the committee will review the student’s written appeal material.  The administrator hearing the appeal will promptly provide all appeal materials to the UAB for its consideration.  The UAB will confine its review to the issues raised in the written appeal and will consider the appeal based only on the material, questions, and evidence from the original hearing submitted in writing and the written or electronic record of the hearing.  The student or others, including witnesses, will not appear before the board unless specifically invited by the board in order to obtain clarification about a specific point in the appeal.

Upon completing the review of the appeal the board will submit its recommendation to the administrator hearing the appeal in writing within two (2) business days.  The board is limited to recommending one of the five (5) actions listed in Section III, H, 5, of this document.

The student will be informed in writing of the decision of the administrator hearing the appeal within five (5) business days after the board has made its recommendation to the administrator.  The disposition of the case by the administrator shall be final.

4. SPECIAL CIRCUMSTANCES

1. Sex Offenses or other Acts of Violence

A person reporting being a victim of sex offenses or other acts of violence by a John Carroll University student shall have additional rights under the Student Code. The person who believes s/he has been a victim of the accused student’s misconduct is entitled to an explanation of available options for redress, including an explanation of the conduct system.

A no contact directive may be issued by a Student Conduct Administrator to any or all parties involved in the case, including third parties.  The person who believes s/he has been a victim of the accused student’s misconduct will be notified should that occur. The person who believes s/he has been a victim of the accused student’s misconduct may elect to have an advisor (excluding legal counsel and or parent(s)/guardian(s) accompany her/him throughout the conduct process including any initial meeting, conference, and the hearing.  Prior to the hearing, the person who believes s/he has been a victim of the accused student’s misconduct will be required to make a formal statement (normally a signed written statement) describing the incident.  The accused student will be given an opportunity to respond with his/her own formal statement.  The person who believes s/he has been a victim of the accused student’s misconduct has the right to be present throughout the hearing, but not during the deliberations of the Student Conduct Administrator/Board.  The person who believes s/he has been a victim of the accused student’s misconduct has the right to present pertinent evidence and the testimony of witnesses, excluding character witnesses, to substantiate his/her case.  This includes making a “victim impact” statement and proposing questions to be asked of the accused and/or witnesses.  Irrelevant history of both parties will not be discussed or considered during the conduct process.  (The Student Conduct Administrator will determine relevancy.)  The person who believes s/he has been a victim of the accused student’s misconduct will be informed of the results of the student conduct proceeding.  Should any delay occur during the proceedings, the Student Conduct Administrator will inform the victim of the reason for the delay.

The John Carroll community encourages the reporting of crimes by victims to University officials and if appropriate, law enforcement authorities.  Sometimes, victims are hesitant to report to University officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident.  It is in the best interest of this community that all sex offenses and other acts of violence are reported to University officials.  To encourage reporting, it is the University’s practice to address minor policy violations related to the incident by a person reporting being a victim of sex offenses or other acts of violence through informal means.
 
The welfare of each member of our community is very important.  At times, community members on and off campus may need assistance.  John Carroll encourages all students to offer help and assistance to others in need.  There may be times when students are reluctant to help for fear that they may face disciplinary action for a policy violation such as underage drinking at the time of the incident.  While policy violations cannot be overlooked, for minor violations, the University will provide positive actions, rather than other disciplinary actions, to those who offer their assistance to others in cases of sex offenses or other acts of violence.

2. Off Campus Cases

The University reserves the right to investigate and subsequently take University action for behavior of John Carroll students in off campus situations when such behavior is believed to have an impact on the John Carroll community, e.g., alleged instances of criminal activity commencing on campus but relocated off campus; harassment of or assault on a University person; criminal activity involving a student, whether as an individual student or as a member of a University recognized organization; violations of city ordinances such as public intoxication, noise, and vandalism; student conduct violations in organized group living situations or in University owned housing.  The decision to take action in such cases will be determined by the Dean of Students or designee.  This provision is also applicable to students studying abroad, participating in immersion trips, and/or visiting other college/University campuses.

3. Emergency Administrative Action

In certain circumstances, the Dean of Students, or designee, may impose an interim action step prior to a hearing before a Student Conduct Administrator/Board.  This action may be taken at any time during the academic year, including Fall Orientation (Streak Week), midterms, final exams and Senior Week.  This action may be taken against a graduating senior and may preclude the student from participation in graduation, pending the outcome of a formal conduct hearing.

1. Interim Suspension
   1. Interim suspension may be imposed:  1) to ensure 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. During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or to all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Students or a designee may determine to be appropriate.
   3. A student will be notified in writing of this action, and the reasons for the interim suspension. 
   4. The student may within two (2) business days of the imposition of the interim suspension, petition the Dean of Students or designee for reinstatement.  The petition must be in writing, and must include supporting documentation or evidence that the student does not pose, or no longer poses, a significant risk of substantial harm to the health or safety of themselves, others or to property.  A decision on such petition will be reached and communicated without undue delay by the Dean of Students or designee.
   5. This interim suspension does not replace the regular conduct process which will proceed on the normal schedule, up to and through a Student Conduct Board hearing, if required.  This interim suspension shall remain in effect until the conclusion of a full hearing and administrative decision.
      
      
2. No Contact Directive
   In cases involving allegations of assault, injury, sex offenses or harassment, or when there is reason to believe continued contact between the accused and others involved may interfere with those persons’ safety, or ability to fully participate in the University community, the Dean of Students, or designee, may issue a no contact directive to the accused.
   1. The student will be notified in writing of this action, and the reasons for the no contact directive.
   2. The student may within two (2) business days of the imposition of the no contact directive, petition the Dean of Students or designee for removal or modification of the directive. The petition must be in writing and must include supporting documentation or evidence that the student does not pose, or no longer poses, a risk of harm to the health or safety of others.  A decision on such petition will be reached and communicated without undue delay by the Dean of Students or designee.

3. Interim Suspension of Organizational Privileges
   The Dean of Students or designee may give notice that a student organization be immediately denied University privileges and be excluded from activities on University premises when the student organization’s continued activity may be a significant risk to the safety of the University community or its property.
   
   
   1. The student organization will be notified in writing of this action, and the reasons for the interim suspension of privileges.
   2. The student organization may within two (2) business days of the imposition of the interim suspension of organizational privileges petition the Dean of Students or designee for removal or modification of this action.  The petition must be in writing and must include supporting documentation or evidence that the organization does not pose, or no longer poses, a risk to the safety of the University community or its property.  A decision on such petition will be reached and communicated without undue delay by the Dean of Students or designee.

4. Violation of Law and Student Conduct Code

The University may institute conduct proceedings against a student for a violation of the Student Code, regardless of pending civil litigation, criminal arrest, and/or prosecution arising out of the same factual situation. Conduct proceedings may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. University disciplinary action will not be subject to challenge on the grounds that civil or criminal charges involving the same incident have been dismissed or reduced.

When students are charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for the individuals because of their status as students. If the alleged offense is also being processed under the Student Code, the University may advise off campus authorities of the existence of the Student Code and of how such matters will be handled internally within the University community. The University will cooperate 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 disciplinary actions).

5. STUDENT CONDUCT RECORDS

Because the Family Educational Rights and Privacy Act (FERPA) defines the records of a student engaged in the conduct process as an educational record, it is a private record.  In situations involving both an accused student(s) (or group or organization) and student(s) claiming to be the victim of another student’s misconduct, the records of the process and of the disciplinary action taken, if any, shall be considered to be the education records of both the accused student(s) and the student(s) claiming to be the victim because there may be an impact on the educational career and chances of success in the academic community of each student.  Information about the situation may only be shared with the student found responsible, the student(s) claiming to be the victim, their parent(s)/guardian(s) if a dependent, their academic college dean or advisor, and school officials with a legitimate educational interest.  A student must give written permission for anyone else to have access to this information, unless otherwise permitted by federal or state law.  For additional information regarding FERPA, see the complete policy on page 34 of the Community Standards Manual.

1. Retention of Conduct Records

At the completion of the disciplinary action(s) the student’s record shall be returned to good standing, but the disciplinary action(s) and supporting material shall be retained in the student’s conduct file.  Such a record may be introduced and given due consideration in any subsequent case in which the student may be involved.  Upon graduation, the student’s conduct file will usually be destroyed.  A student conduct file that includes termination of a housing contract, suspension, or postponement of awarding of a degree or honor, shall be destroyed seven (7) years after final disciplinary action(s) have been completed.  A student conduct file that includes revocation of admission, revocation of a degree awarded, denial of awarding a degree or honor, or expulsion will be kept indefinitely.

If a student is found not responsible for all the charges filed against him/her, or if a student is exonerated or the charges dropped, the contents of the file directly related to the incident will be removed and destroyed at the conclusion of the case.

6. SOURCES AND LIMITS OF AUTHORITY

Ultimate University authority and responsibility in matters of student conduct reside in the President of John Carroll University.  The President has delegated immediate authority and responsibility for student conduct, under the general supervision of the Vice President for Student Affairs, to the Dean of Students.

The Dean of Students shall develop policies for the administration of the Student Conduct System and procedural rules for conducting hearings that are consistent with the provisions of the Student Code.  The Dean of Students or designee shall determine the pool of Student Conduct Administrators, composition of hearing boards and appellate boards, and shall determine which board, or administrator shall be authorized to hear each matter.  During break periods, including summer, the Dean of Students may alter the process to provide for a timely resolution to a complaint filed.

The standard for conduct decision-making at all levels of the Student Code of Conduct process will be made on the basis of whether it is more likely than not that the accused student violated the Student Code.
 
Any question of interpretation or application of the Student Code shall be referred to the Dean of Students for final determination.

1. Student Conduct Administrators

The Dean of Students or designee shall designate Student Conduct Administrators who will assume responsibility for administering cases assigned to them and conducting administrative hearings.

2. Student Conduct Boards

The Dean of Students or designee shall create student conduct boards to hear cases referred to them. Student Conduct Boards at John Carroll University include the Student Union Hearing Board, the University Hearing Board, and the Appellate Board.  Membership on these boards is by appointment or election and can include students, faculty, staff members, and administrators. Student Conduct Boards will be chaired by a non-voting student or conduct administrator.  These boards are authorized by the Dean of Students to recommend whether a student has violated the Student Code, and to recommend sanctions when appropriate.

3. Confidentiality

Student Conduct Administrators, members of Student Conduct Boards, members of the Appeals Board, and advisors to students, while acting in their official capacities in such positions, shall be deemed to act as special assistants to the Dean of Students, solely for the purposes of imparting to the hearings the confidentiality provided by regulations governing colleges and universities.  Confidentiality also applies to the complainant(s), and all students involved.

7. AMENDMENTS

Amendments to these procedures may be proposed in writing to the Dean of Students by any member of the University community.  The Dean of Students, following consultation with the University Legal Counsel as well as others who may be pertinent, shall make a recommendation to the Vice President for Student Affairs.  Reasons are to be given for the recommendation along with the specific wording of the proposed amendment, and the probable effects of implementation.

The Vice President for Student Affairs will consider the proposal and the recommendation of the Dean of Students.  If the change proposed is editorial or of a minor nature, the Vice President can approve or disapprove the change.  If the change proposed is substantial, the Vice President will provide a recommendation to the President of the University.  The President, after reviewing the proposed amendment and the recommendation of the Vice President for Student Affairs, shall determine whether to approve the amendment, and if so, its effective date.

The Dean of Students shall fully review the Student Code at least every three (3) years.  The University community will be notified of all changes through the University’s route e-mail system and through The Carroll News.

8. APPENDICIES
   
   
   1. Definitions
      
      
      1. The term "University" means John Carroll University.
      2. The term "student" includes all persons taking courses at the University, both full-time and part-time, pursuing undergraduate, graduate, professional, or extension studies and those who attend post secondary educational institutions other than John Carroll University, and who reside in the University's residence halls. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered "students."
      3. The term "faculty member" means any person hired by the University to conduct classroom activities. In certain situations, a person may be both a "student" and a "faculty member".
      4. The term "University official" includes any person employed by the University who performs assigned administrative or professional responsibilities.
      5. The term "member of the University community" includes any person who is a student, faculty member, University official, or any other person employed by the University. A person's status in a particular situation shall be determined from the surrounding facts by the Dean of Students or designee.
      6. The term "organization" means any number of students joined together in the pursuit of a common purpose, which is in support of the mission, goals, and values of John Carroll University.
      7. 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).
      8. The term "Student Code" refers to any published policy, rule, or regulation found in, but not limited to, the most recent edition of the Community Standards Manual on line at www.jcu.edu/campuslife/deanofstudents/csm/, Residence Life contracts and publications, and the Graduate/Undergraduate Bulletins.
      9. The term “complainant” includes any University official who submits a charge alleging that a student violated this Student Code.  When a student believes that s/he has been a victim of another student’s misconduct, that student will have the same rights under this Student Code as are provided to the Complainant, even though another member of the University community submitted the charge itself.
      10. The term “accused student” means any student accused of violating this Student Code.
      11. The term "Student Conduct Administrator" means a University official authorized on a case-by-case basis by the Dean of Students to recommend disciplinary actions upon any student(s) found to have violated the Student Code.  A Student Conduct Administrator will be assigned as a non-voting member of the University Hearing Board and will run those hearings. 
      12. The term "Student Conduct Board" means any group of persons authorized by the Dean of Students to determine or recommend whether a student has violated the Student Code, and to determine or recommend disciplinary actions, as appropriate. Student Conduct Boards at John Carroll University include the Student Union Hearing Board, the University Hearing Board, and the Appellate Board.  Membership on these boards is by appointment or election and can include students, faculty, staff members, and administrators.
      13. The term “business day” refers to any weekday that the University is open to do business.  The University calendar should be consulted for days the University is officially close
          
          
   2. Acknowledgements

   This document was revised with the assistance of the following resources:  “A Twenty-First Century Model Student Code of Conduct”; Marquette University’s Student Code of Conduct; Fairfield University’s Student Code of Conduct; and Baldwin-Wallace College’s Student Code of Conduct.

Revised: September 2009