Student Code of Community Standards PREAMBLE Stetson University endeavors to provide a living and learning environment in which students can meet their academic goals. The University has the responsibility of providing students a clear understanding of the academic requirements and policies, which are generally published online in the University Catalog. As a community, the University is dedicated to both personal and academic excellence. The University determines, publishes and makes known its rules and regulations concerning student conduct. In addition, the University has the right to determine when its rules are violated and to determine the appropriate course of action. The purpose of these policies is to present the University's rules and regulations that govern student conduct and student activities. These regulations should be read broadly and are not designed to define prohibited conduct in exhaustive terms. By enrolling in Stetson University, the student accepts the responsibility to become fully acquainted with the University's regulations, to comply with the University's authority, to respect the rights and property of others, and to recognize that student actions reflect upon the students involved as well as upon the entire University community. The University reserves the right to take appropriate disciplinary action for any conduct which poses a definite threat of disruption of or interference with the normal operations of the University be that behavior on or off campus. In many cases, especially those involving allegations of alcohol or illegal drug use by students under the age of 21, parents/guardians may be notified. The University reserves the right to contact parents/guardians at any time. Students repeatedly involved in violations of University policy are viewed to be negatively affecting to the Stetson University community. Students may become subject to removal from University on campus residential facilities, as well as removal from the campus. Students shall be afforded all opportunities for fairness in disciplinary proceedings. However, the University reserves the right to dismiss a student at any time for any reason deemed sufficient by the University. All students will be treated fairly whether they are alleged or the victim. ARTICLE I: Definitions when used in this code:
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"University" means Stetson University. "student" includes all persons enrolled in courses at the University, both full-time and part-time, including those who serve in any capacity as a part of the University staff, pursuing undergraduate, graduate, or professional studies and those who attend post-secondary educational institutions other than Stetson University and who reside in Housing and Residential Life operated buildings. Persons who are not officially enrolled for a particular term, but who have a continuing relationship with the University, are considered students. "University official" includes any person employed by the University, performing assigned administrative or professional responsibilities (including Resident Assistants and Head Resident Assistants). "faculty member" means any person hired by the University to conduct classroom activities. "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). "organization" means any number of persons who have complied with the formal requirements for University recognition.
"University-sponsored activity" means any activity on or off campus that is initiated, aided, authorized or supervised by the University. "judicial body" means any person or persons authorized by the Vice President of Student Affairs and Office of Community Standards to determine whether a student has violated the Student Code of Community Standards and to recommend imposition of sanctions. "Conduct Officer" means a University official authorized on a case-by-case basis by the Vice President of Student Affairs to impose sanctions upon students found to have violated the Student Code of Community Standards. The Vice President of Student Affairs may authorize a conduct officer to serve simultaneously as a conduct officer and the sole member or one of the members of a judicial body. Nothing shall prevent the Vice President of Student Affairs from authorizing the same conduct officer to impose sanctions in all cases. "shall" is used in the imperative sense. "may" is used in the permissive sense. The Vice President of Student Affairs is that person designated by the University President to be responsible for the administration of the Student Code of Community Standards. "policy" is defined as the written regulations of the University as found in, but not limited to, the Student Code of Community Standards, Graduate/Undergraduate Catalogs, Housing and Residential Life Guidebook and Lease. "cheating" includes, but is not limited to: (1) the use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff. (See Honor System Policy) "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgments. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials. (See Honor System Policy).
ARTICLE II: Proscribed Conduct: University rules & regulations are set forth in writing in order to give students general notice of prohibited conduct. The list is not designed to be all-inclusive, but should serve as examples of prohibited conduct and, thus, be broadly read. Any student found to have committed conduct prohibited by the University is subject to the disciplinary sanctions outlined in Article IV: 1) Academic Honesty - Students/organizations shall refrain from all acts of dishonesty, including but not limited to: cheating, plagiarism, and other forms of academic dishonesty. 2) Aiding and Abetting - Attempting, aiding, abetting, conspiring, hiring or being an accessory to any act prohibited by this code shall be considered to the same extent as completed violations. 3) Alcohol a. Alcoholic beverages are permitted for persons 21 years or older and shall be limited to beer, wine, wine coolers, and malt beverages; other alcoholic beverages are prohibited. b. Possessing, consuming, or being in the presence of alcohol under the age of 21 is strictly prohibited. c. Residents are prohibited from having excessive amounts of alcohol. d. Residents or guests of legal drinking age may not possess, consume or provide alcoholic beverages if any resident of that room/apartment is not of legal drinking age or if any person under the age of 21 is present in the room. e. Possessing, providing, or consuming alcohol in common areas of a residence hall or apartment facility is not permitted. f. Possessing, consuming, or being in the presence of alcohol is not permitted in substance free areas, even if such persons are 21 years or older.
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g. Possession, providing or serving of large quantities or â€œCommon Sourceâ€? quantities of alcohol (kegs, party balls, beer bongs, punch bowls, boxes of wine, etc.), or creating or participating in drinking games designed to encourage rapid and/or excessive consumption of alcoholic beverages are not permitted. h. Purchasing, providing, or serving alcohol to or for an underage person is prohibited. The manufacturing, distribution or sale of alcohol is prohibited. i. Being under the influence of alcohol under the age of 21, as demonstrated through oneâ€™s actions, behaviors or the results of a BAC reading is strictly prohibited. j. Possession of empty alcohol containers and paraphernalia is prohibited. k. Any violations of the alcohol policy may result in immediate disposal of alcohol on scene. Controlled Substances - Manufacturing, possessing, selling, transmitting, consumption, under the influence or being in the presence of any dangerous drug, controlled substance, any use of a substance to provide an altered state of being or drug paraphernalia is prohibited. Hookahs, although in some cultures are used for tobacco smoking, could be used with illegal drugs and therefore are considered drug paraphernalia and are not allowed on campus. Use of prescription medication not prescribed to an individual and/or providing prescription medication to an individual to whom it is not prescribed is against the law and is therefore considered a violation of this policy. The odor of marijuana or any other controlled substance is sufficient to warrant an alleged violation of this policy. Disorderly Conduct - Students/organizations must refrain from disorderly conduct. This includes behavior which harms, alarms, disrupts or infringes on the rights of others normal activities in the academic, administrative or residential community. Students/organizations must refrain from behavior of disorderly conduct such as: a. engaging in brawling, fighting, or physical assaults; b. engaging in prank activities; c. public intoxication and/or abuse which creates an unsafe environment for self and others; d. use of obscene or abusive language, or engaging in conduct that would reasonably tend to cause alarm, anger, fear or resentment in others; e. hate/bias incidents that use language, signs, symbols or threats that would reasonably tend to arouse, alarm, anger, fear or resentment in others or would endanger the mental and/or physical health safety and welfare of a member(s) of the University community; f. coercion, threatening, intimidation, harassment or causing mental and/or physical harm to self or any other party in which one commits or intends to commit is prohibited. Behaviors in which the mental and/or physical health, safety or welfare of an individual or the University community is made to feel unsafe; g. any form of sexual assault; h. any form of sexual harassment; i. any form of sexual misconduct; j. condoning or encouraging acts of disorderly conduct as defined above or failing to stop an act of such behavior while it is occurring. Failure to Comply a. Students must comply with the directions of the Office of Community Standards in scheduling and attending appointments. b. Failure to complete or adhere to sanctions resulting from a judicial outcome will be considered failure to comply. c. Failing/refusing to correctly identify yourself or guest(s) is prohibited. d. Failure to comply with the directives of University officials and their authorized agents acting in the performance and scope of their duties, including, but not limited to the directives of Public Safety & Housing and Residential Life professional and student staff. Filing False Reports - Any student who knowingly or willfully provides false information to any representative of the University in the execution of their responsibilities to report, or to furnish false information in any way to the University is prohibited.
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8) Fire Safety - Students/organizations must refrain from tampering with or using fire safety equipment such as extinguishers, smoke detectors, sprinklers, alarm pull stations or emergency exits other than in emergency situations. This includes the use of fire escapes as regular entrance and exits to and from a building as these are only to be used in the case of a fire or an alarm. Fire drills are conducted at various times during the year to ensure that all residents are familiar with evacuation procedures and to test safety equipment. During a fire drill or alarm, every student must evacuate the building and follow emergency procedures issued by Public Safety, Housing and Residential Life, or local authorities/emergency personnel. Any substance that could cause a fire, damage, or an explosion is not permitted inside the residential facilities. This provision includes kerosene heaters and fuel, fuel containers for motorcycles and motor vehicles, candles, open flames, incense of any kind, fragrance pots and similar burning devices. Outdoor fire pits/pots are not permitted. 9) Hazing - Any method or activity in which an action is taken or situation created intentionally that endangers the mental and/or physical health or safety of an individual including, without limitation, an act intended to cause personal degradation, humiliation, embarrassment, or physical discomfort. Neither the express or implied consent of a victim of hazing is justification. Condoning or encouraging acts of hazing or failing to stop an act of such behavior while it is occurring is prohibited. 10) Identification - Students shall be required to obtain an official student identification card within one week of enrollment at the University. Students are required to carry their student identification card with them at all times, and present it when requested to any University official who makes such a request while in the performance of their duties. The altering of, or misuse of a student identification card is prohibited. Students must surrender their student identification card to the Registrar's Office upon their withdrawal from the University. Guest should carry a government issued photo identification card with them at all times; student may use this identification before they obtain a student identification card. 11) Interference - Influencing or attempting to influence another person's participation in or the judicial process itself is prohibited. This includes, but is not limited, to disruption, harassment, intimidation, or attempted influence of the members of a judicial body. 12) Misrepresentation - Students are prohibited from furnishing false information, including information provided to any University official, faculty member or office. This includes forgery, alteration or misuse of any University document, record, or other instrument of identification. 13) Property Damage - Attempted or actual vandalism, damage, or destruction of property of the University community or other personal or public property is prohibited. 14) Public Laws - Students/organizations must comply with all public laws. 15) Respect for University Employees - Students and organizations must show respect for employees of the University including Public Safety and Housing and Residential Life. Any form of harassment, interference or noncompliance with the proper and lawful directions of University officials is prohibited. 16) Retaliation - The University does not allow threats or other forms of retaliation against a student, staff or faculty. Retaliation is conduct that creates an intimidating, hostile, or offensive working, residential, educational environment, or harassment of a complainant or other person alleging misconduct, including, but not limited to, intimidation and threats. 17) Smoking/Tobacco a. Smoking/tobacco use, including smokeless tobacco products, is prohibited in all University-owned, leased, and/or managed facilities, including, but not limited to, classrooms, offices, dining facilities, residential facilities, and athletic facilities. b. Smoking/tobacco use, including smokeless tobacco products, is prohibited within 50 feet of any building entrance, on balconies and porches, and in all spaces with official University signage designating them as "no smoking" areas. Smoking is also prohibited within 50 feet of any building air intake grille. c. Smoking/tobacco use, including smokeless tobacco products, is prohibited within the seating areas of outdoor athletic arenas, stadiums, amphitheaters, and other athletic or entertainment venues where members of the University community and/or the general public assemble to witness entertainment events. 4|P a g e
d. Smoking/tobacco use, including smokeless tobacco products, is prohibited in any University-owned vehicle, regardless of its location. e. The use of e-cigarettes, which simulates the act of tobacco smoking, are also prohibited in the ways indicated above. 18) Solicitation - Any personal, commercial or political solicitation, sale or distribution of material, pamphlets, newsletters or newspapers on Stetson Universityâ€™s campus must be approved by the Office of Student Involvement or Housing and Residential Life. Violators may be denied the privilege of any further approved solicitation on campus. 19) Technology Resources - Theft or abuse of computer time or network services including, but not limited to: (1) unauthorized entry into a file, to use, read, or change the contents, or for any other purposes; (2) unauthorized transfer of a file; (3) unauthorized use of another individual's identification and password; (4) use of computing facilities to interfere with the work of another student, staff or faculty member; (5) use of computing facilities to send obscene or abusive messages; (6) use of computing facilities to interfere with normal operations of Stetson's computing systems; (7) use of networking facilities that is not in compliance with the policies established by Information Technology. 20) Theft - Attempted or actual theft of property of the University community or other personal or public property is prohibited. This includes physical or digital theft of services on University premises and knowingly possessing stolen property. 21) Threats and Endangerment - Students/organizations shall not endanger the safety, health, or life of themselves or others. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct including sexual assault and sexual harassment are prohibited. 22) Unauthorized Entry - or attempt of into any University facility, or portion thereof, or unauthorized use or abuse of any University building, facility or premise is prohibited. Students are not permitted on the roofs of any building at any time. The unauthorized possession, duplication or use of any key which fits any University facility is prohibited. This includes unauthorized use of card access or key fobs. 23) University Policies - Students/organizations who violate published University policies, procedures, regulations, or rules will be adjudicated. Such regulations include, but are not limited to: information in the Housing and Residential Life Guide to Residential Living, Housing and Residential Life Lease, regulations relating to parking and traffic, and rules related to intramural sports and attendance at university athletic events. These policies/procedures are for the safety and security of the community, and to maintain a cohesive living and learning community environment. 24) Vehicles - Bicycles/Motorcycles are not permitted in areas of public access, exits, stairwells, hallways or lounges and must be kept outside the buildings in the approved designated areas. Skateboards are not permitted to be used indoors. Any vehicle operated carelessly anywhere on campus is subject to removal. 25) Weapons - Firearms, fireworks, chemicals of explosive nature or harmful nature, explosives or explosive devices, or weapons shall not be brought onto the University campus except as may be specifically authorized by the Director of Public Safety. Weapons may not be carried by a person or stored on the campus in any vehicle or other location. The term "weapon" includes any object or substance designed to inflict a wound, cause injury or incapacitate and may include, but are not limited to, all firearms, pellets/BB guns, paintball guns, homemanufactured cannons, bow and arrows, slingshots, martial arts devices, switchblade knives and knives with a blade four inches or longer, and clubs. Toys that resemble or may be mistaken for a weapon are also prohibited. Ammunition and any items related to the use of weapons described here are also prohibited. Sexual Assault is non-consensual sexual contact using any object or body part, or sexual intercourse (anal, oral, or vaginal) involving force, manipulation or coercion. It is an act of aggression, violence, and power, and is a felony crime. The assailant can be a stranger, relative, acquaintance, or date. Sexual assault is considered a crime and can be committed upon any human being exclusive of gender or sex. Examples of sexual assault include, but are not limited to: ď‚ˇ having sexual intercourse with an unwilling person or using threats or physical force to obtain sexual favors; or ď‚ˇ having sexual intercourse with a person who is physically unconscious or asleep; or 5|P a g e
participating in a sex act with someone who is incapacitated due to the influence of drugs or alcohol and as such they are unable to clearly consent to the act. Consent is defined as words or actions that provide a mutual understanding and allow permission of any sexual activity. Use of alcohol or drugs by the perpetrator does not diminish the violation.
Sexual Harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Stetson University defines sexual harassment as any unwelcome sexual advances or requests for sexual favors, whether physical, written, verbal, or visual towards another individual exclusive of gender or sex and encompasses any other conduct of a sexual nature when: submitting to such conduct is made either explicitly or implicitly a term or condition of employment, academic decisions, or University-sponsored activities; submitting to such conduct is used as the basis for employment or academic decisions affecting the individual as an employee, student, or participant in University-sponsored activities; or such conduct has the purpose or effect of substantially interfering with an individual's work performance or creates an intimidating, hostile, or offensive working or learning environment. Sexual Misconduct is any activity of a sexual nature that offends or affects individuals on or off campus in a negative way.
ARTICLE III: Standard of Evidence: The standard of evidence used in disciplinary decision-making shall be that of a preponderance of the evidence or information presented (i.e., it is "more likely than not" that the alleged student violated the Student Code of Community Standards). The admissibility of evidence or information presented for consideration to a judicial body may be at the discretion of the Office of Community Standards. ARTICLE IV: Judicial Procedures: Judicial Authority o The Executive Director of Office of Community Standards shall serve as the chief Conduct Officer and shall determine the composition of the judicial bodies and determine which judicial body shall be authorized to hear each case. o The Office of Community Standards shall develop policies for the administration of the judicial program and procedural rules for the conduct of hearings which are not inconsistent with provisions of the Student Code of Community Standards. o Decisions made and sanctions imposed by a judicial body and/or Conduct Officer shall be final pending the normal appeal process. o A judicial body may be designated as mediator of disputes within the student community in cases which do not involve a violation of the Student Code of Community Standards. All parties must agree to mediate and to be bound by the decision with no right of appeal. In cases where violations of the Student Code of Community Standards appear to have occurred those individuals may be alleged violations. Jurisdiction of the University/Off-Campus Conduct o Generally, University jurisdiction and discipline shall be limited to conduct which occurs on University premises or which adversely affects the University community and/or the pursuit of its objectives. o The University may choose to review and/or initiate the disciplinary process against a student: if a student is charged with an off-campus conduct violation of federal, state, or local laws; or when a student's behavior off-campus interferes with the rights of others, reflects adversely on the University, or results in a criminal conviction. The circumstances of the case shall be reviewed by the Office of Community Standards to determine whether the student may be subject to disciplinary action and/or determine the status of the student. The University will 6|P a g e
take disciplinary action against a student for an off-campus violation when the nature of the violation is such that, in the judgment of the Office of Community Standards, the violation may demonstrate disregard for the University and/or local community and/or is likely to disrupt or interfere with the normal operation of the University or adversely affect the reputation of the University. Adjudication Process o A student who is alleged to have violated the Student Code of Community Standards shall have the matter adjudicated by either an administrative hearing or in a hearing by the Student Conduct Board. Administrative hearings are usually conducted by a Conduct Officer on behalf of the Office of Community Standards. o Under certain circumstances a student may be required to have an administrative hearing. Such circumstances include, but are not limited to, the following: when the alleged violation involves a sensitive personal or academic issue (such as cases of sexual misconduct); during finals weeks; between semesters; and in the summer when the Student Conduct Board is not in session. o Alleged violations of University regulations by officially recognized student organizations are also handled by the Office of Community Standards. Filing an Incident Report o Any student, staff, faculty member or Public Safety Officer may submit to the Office of Community Standards information of alleged violations about any student. Such information shall be submitted online with the Incident Report Form as soon as possible after the incident takes place. Incident Reports are reviewed by the University which makes the determination for possible next steps including additional investigation, providing resources, care/support, and/or alleging violations. Alleged Violations and Hearings o The Office of Community Standards shall make every effort to have alleged student misconduct matters considered as expeditiously as possible in order to remove any question of a student's continuance at the University. The Office of Community Standards will secure all available information concerning the alleged misconduct to determine if the alleged violations have merit. If the situation can be resolved administratively by mutual consent of the parties involved on a basis acceptable to the Office of Community Standards then no policies are to be alleged, such arrangements shall be final and there shall be no subsequent actions. If the student withdraws from the University before the matter is resolved, reentry shall not occur until the matter is resolved. However, in cases where civil or criminal charges are pending, or in cases where students involve their own counsel in the matter, the university may withhold adjudication pending further investigation or attempted resolution by legal counsel for the students and the university. Prior to adjudication, the Office of Community Standards may establish restrictions or specific parameters and expectations for the behavior for the alleged student if, in the judgment of the Office of Community Standards, lack of such restrictions or parameters may lead to disruption of the residential or university community. o The Office of Community Standards shall communicate the alleged violations to the student. Most notices of alleged violations will ask the student to contact the Office of Community Standards within three (3) business days after the notification has been sent to schedule a meeting; some notifications will have a meeting set up in advance for them. The Office of Community Standards uses the student’s Stetson email as the standard official means of communication. o In Abstentia - If the student fails to appear for a scheduled hearing and/or schedule a meeting and the Office of Community Standards has, in good faith, exhausted all reasonable efforts to schedule a hearing, the Office of Community Standards, on the basis of the information available, may make a determination of a violation of the Student Code of Community Standards and may impose sanctions for
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such violations. This decision shall be accomplished in writing to the student. If the student does not show up for the hearing they forfeit their right to an appeal. Hearings shall be conducted by a judicial body according to the following guidelines: The hearing is for the purpose of discussing the alleged violation(s) of the Student Code of Community Standards. Hearings on alleged violation(s) of the Student Code of Community Standards shall be private. Admission of any person to the hearing shall be at the discretion of the judicial body and/or the Conduct Officer. In hearings involving more than one alleged student, the Conduct Officer will hear each student’s case separately. The complainant, the alleged student, and the judicial body shall have the privilege of presenting witnesses at the hearing subject to questioning by the judicial body. Witnesses shall be present in a hearing only during the offerings of their information. Requests for witnesses’ attendance shall be made prior to the hearing. All procedural questions are subject to the final decision of the Conduct Officer. Any oral or written statements that the student may make pertaining to the alleged violation may be presented in any subsequent proceedings. Afforded the privilege to prepare a written statement concerning the alleged violation. Academic, behavior, and co-curricular activities record may be presented as a part of any subsequent proceeding. Presumed not responsible until determined responsible for the alleged violation(s). Afforded the opportunity to review all evidence against them in any subsequent proceeding. Afforded the opportunity to obtain from the Office of Community Standards incident reports and other materials upon which the alleged violations are based by requesting such materials in writing at least 48 hours preceding the established time for the disciplinary hearing. The University does not assume responsibility to make available these materials in advance of the hearing unless they have been formally requested in writing. The University shall make every effort to provide materials, once requested. Afforded the privilege to appeal a decision to the Office of Community Standards. However, if the student or organization does not show for the hearing, they forfeit their right to an appeal. At the conclusion of the proceedings, the judicial body shall determine whether the student has violated each section of the Student Code of Community Standards which the student is alleged of violating. If the student is found to have violated the Student Code of Community Standards, the judicial body shall recommend to the Conduct Officer sanctions to be imposed. The Conduct Officer will utilize the judicial body's recommendation in determining the appropriate sanctions. Whenever possible, the decision of the judicial body shall be communicated verbally to the student. A communication outlining the judicial decision and any applicable sanctions will also be sent via email to the student's Stetson University account. A student's prior record (legal or disciplinary) may be considered in determining appropriate sanctions when it is determined a violation occurred. Any student who fails to complete the sanction(s) issued in their judicial hearing and outlined in the decision letter will be viewed as non-compliant. Noncompliance is looked on unfavorably by the University and may result in further disciplinary action against the student. In all cases where it is determined that a student is not in violation of the policies alleged, no sanctions will be imposed. Students may be accountable to both civil authorities and to the university for acts which constitute violations of law and of the Student Code of Community Standards. Although the Conduct Officer may choose to withhold adjudication pending the resolution of civil or criminal charges, disciplinary action at the university will normally proceed during the pendency of these proceedings and will not be subject to challenge on the grounds that civil or criminal charges involving the same incident have been dismissed
or reduced. When a student has been charged by a civil authority for violation of law, the university will neither request nor agree to special consideration for the student solely because of their status as a student. Advisors - Students shall be afforded the privilege to have an advisor present who does not appear as a witness during a hearing. In cases where one student alleges violations against another student, both students are afforded the privilege to have an advisor present. While students are permitted to select an advisor of their choice, Housing and Residential Life student staff, parents and attorneys are not permitted to be advisors unless special permission is granted by the Office of Community Standards. A student may seek assistance from an advisor in answering questions put forward to the student during the hearing. However, the advisor may not speak for the student or question witnesses.
Non-Discrimination Policy - It is the policy of Stetson University not to discriminate on the basis of sex, disability, race, age, religion, color, national or ethnic origin, ancestry, marital status, veteran status, sexual orientation, gender identity, gender expression, genetic information, physical characteristics, or any other category protected by federal, state, or local law in its educational programs, admissions policies, financial aid, employment, or other school-administered programs Medical Amnesty Policy: Stetson University stresses the importance of safety on campus and within University residential living facilities for its students. It is a realistic possibility that a student could be placed into a life threatening situation through the consumption or abuse of alcohol or drugs. Students could be placed into a situation where a student who requires emergency services in a potentially life-threatening situation could face reprimand for the violation of University policy, preventing them from contacting such emergency services and severely threatening the life of the endangered student. In an effort to advance individual health and wellness, a core value of Stetson University, and to provide a healthful working environment for every Stetson University student, the following medical amnesty policy is in effect. a. In cases of intoxication through the consumption or abuse of alcohol or drugs, the primary concern is the health and safety of the individual(s) involved. Students are strongly encouraged to call for medical assistance for themselves or a friend/acquaintance who is dangerously intoxicated. b. No student seeking medical treatment for an alcohol or other drug-related overdose will be subject to the University's judicial proceedings for the sole violation of using or possessing alcohol or drugs. In addition, students seeking help for the intoxicated student will not be subject to the University's judicial proceedings for the sole violation of using or possessing alcohol or drugs. c. Students may be required to attend an alcohol education or customized developmental program as prescribed by the VP of Student Affairs and Office of Community Standards of or designee to be eligible for amnesty protection. d. In cases where multiple policy violations are present such as sexual assault, violence, or sale of or dispensing alcohol or drugs, students may be subject to the University's judicial proceedings for those violations only. e. This policy applies only to those students who seek medical assistance in connection with an alcohol or drugrelated medical emergency and does not apply to students experiencing an alcohol or drug-related medical emergency who are found by any University employee (including residence hall staff). f. The Office of Community Standards reserves the right to contact any student to discuss an incident whether or not this Medical Amnesty Policy is in effect. ď‚ˇ Organizations: A representative of an organization hosting an event is expected to promptly call for medical assistance in an alcohol or drug-related emergency. This act of responsibility will mitigate the judicial consequences against the organization resulting from and University policy violations that may have occurred at the time of the incident. Likewise, failure to call for medical assistance in an alcohol or drug-related emergency will be considered an "aggravating circumstance" and may affect the judicial resolution against the organization if policy violations may have occurred. 9|P a g e
The Medical Amnesty Policy covers the University's judicial process only. It does not provide protection from the legal consequences of underage or excessive drinking.
Title IX Information -More information on Title IX topics and the Coordinator and Deputy Coordinators please review the Office of Community Standards website. Know that the grievance procedures and process for adjudication for Title IX are the same procedures outlined for all alleged violations of the Student Code of Community Standards outlined in this document. General Sanctions & Administrative Actions: The following sanctions, or any combination of them, may be applied to any individual student or group who are found responsible for violations of the Code of Community Standards. Each student’s unique case and past histories are taken into account, so there are no preset sanctions for a specific violation. Often sanctions will include a level of warning and an education component. Educational sanctions are designed for an individual case when it is determined that educational or remedial value may result and the interest of the University community is maintained. Examples of educational sanctions include, but are not limited to: reflective essays, research papers, workshops, programs, etc. Note that some items in this area are not subject to appeal and that sanctions are not limited to the listings below. It is important for our students to know that our system is one that is aimed to be educational and developmental. It is however important for students to recognize that there are severe consequences for policy violations. Alcohol and drug violations are taken very seriously and each situation is individually assessed in relation to executing sanctions; such sanctions often include parental/guardian notification, fines, and disciplinary probation or disciplinary suspension.
Administrative Actions: The below listed actions are administrative decisions that maybe placed as a sanction as a result of being found responsible for violations or used in other circumstances for the safety and security of an individual or greater community; they are not subject to appeal. Behavioral Agreements – An agreement between a student and the university which defines expected behavior and unacceptable behavior, consequences for breaking the agreement, and resources for the student’s success while at the university. Confiscation – Removal of items possessed in violation the Student Code of Community Standards. Fines – Previously established and/or appropriate fines may be imposed. Restitution – Compensation for damage, loss, theft, or injury. The judicial body shall set the amount and form of restitution, which shall not exceed the fair amount of damage, loss, theft, or injury incurred. Enrollment Block – A letter stating that the student may not re-enter Stetson University without prior approval from the Office of the VP of Student Affairs and Dean of Students. Restriction of Privileges – Denial of specific privileges for a definite period of time. Restrictions will be clearly defined. Deferred Removal – This status indicates that the resident’s status in University housing is now in jeopardy. Deferred Removal results in a decision in consultation with the Department of Housing and Residential Life to reassign a resident’s living unit within housing to another assignment and usually prohibits the resident from returning to the residential area associated with the former assignment. Any additional violation will result in termination of the student’s lease. This status may be extended for a specific period of time, until the completion of a specific condition, or permanently. Parental/Guardian Notification – The Family Education Rights and Privacy Act (FERPA) allows Universities to notify parents/guardians when students violate student conduct codes pertaining to the use or possession of alcohol or a controlled substance. While the University respects your privacy we will exercise our right to notify parents/guardians when our policies in regard to use and possession of alcohol or other controlled substances are violated. Notification of parents/guardians will typically occur when a student is hospitalized 10 | P a g e
for alcohol/substance use or sent to detoxification, or has repeated alcohol/substance violations that may impact their success at the University. Other circumstances may also result in parental/guardian notification. It is in your best interest to contact your parents/guardians first, when you are able. No-Contact/Communication Orders – Administrative directives placed to limit the in-person and digital interactions between individuals as a means to separate individuals and information so that the university is able to better control possible information sharing which could distort recollection of events, to separate individuals from physically or mentally/emotionally endangering persons, and to have time to further investigate incidents. Interim Suspension – In certain circumstances, the VP for Student Affairs and Dean of Students may impose a University or on-campus housing suspension prior to the student conduct hearing. o Interim suspension may be imposed only: (a) to ensure the safety and well-being of members of the University; (b) to ensure the student's own physical or emotional safety and well-being; or (c) if the student poses a definite threat of disruption of or interference with the normal operations of the University. o During interim suspension, the student may be denied access to on-campus housing and/or the campus (including classes) and/or all other University activities or privileges which are determined to be appropriate.
Educational/Restorative Sanctions: The below listed are examples of educational sanctions which are aimed at providing the student who is found responsible for violations of the Code of Community Standards to be reflective of their experiences, take individual & community responsibility into consideration and aim to not only not duplicate past inappropriate behavior but to make active efforts to learn and grow from the experience. Discretionary Sanctions – Such sanctions include, but are not limited to, work assignments, service to the University/Community or other educational requirements directly related to the violation. The provision will be clearly defined. BASICS – Brief Alcohol Screening & Intervention for College Students is a harm reduction, preventative intervention for college students. It is aimed at students who are at risk for heavy alcohol consumption and consequences of this consumption such as missing class, accidents and violence. Mystudentbody.com – A set of judicial courses for both alcohol and drugs. Each course takes 45-60 minutes. There is a pre-test and a post-test with a minimum score for completion. There are also motivational interviewing section called "rate myself," which is meant to guide students towards positive change. The alcohol judicial course covers: liquid logic, risky routes, social scene and trouble brewing. The drug judicial course covers: drug basics, prescription drugs, warning signs & recovery and campus life implications. 30, 60 and 90 day follow up surveys are automatically sent to students to measure change. Referral – Required recommendation to internal and external resources, offices, etc. which can serve as support and/or educational experiences such as Counseling Center, Health Services, etc. Letter of Apology – A personal communication outlining involvement in a situation, showing personal responsibility and a reflection of commitment to not duplicate the initial situation. Check-in/Success Meeting – A meeting where the student and a selected staff member provides updates on personal goals/growth, reflection on the incident and current status, etc. Student Conduct Status Level: The below listed items are student status levels places as a sanctions as a result of being found responsible for violations or used in other circumstances for the safety and security of an individual or greater community. Administrative Warning – A written notice that the student's behavior violated University regulations. Disciplinary Probation – An encumbrance on the student's good standing at the University. Any subsequent violation of University regulations during the probationary period may result in immediate separation from the 11 | P a g e
University. A fixed term of probation not less than three months of enrollment may be specified. A student on disciplinary probation is deemed "not in good standing" for a period of time with the University and normally the student will: o Forfeit the privilege to represent the University in any intercollegiate event, competition, or other manner; o Forfeit the privilege of holding an office in any student organization recognized by the University or of any elected or appointed student office or University community assignment. Residential Probation– A strong statement of disapproval for violation of residential housing policies and/or University regulations. Imposed for a specified period of time, residential probation includes the probability of more severe disciplinary sanctions, including removal from University housing, if the student is found in violation of the Student Code of Community Standards during the probationary period. Residential Suspension – Removal from University on-campus residential facilities (any building owned/operated by Stetson University) for a definite period of time. Conditions for return to housing may be specified. Students suspended from University on-campus residential facilities are not permitted to visit any residential facility during the period of their suspension. Disciplinary Suspension – Termination of the student's enrollment and exclusion of the student from the University for a specified period of time. During suspension, the student shall not be permitted to enroll in any courses offered by the University, either in residence or by correspondence, nor shall credit be given by the University for academic work taken at another institution. Students suspended from the University are not permitted to be on the campus and may not attend any University sponsored event or function unless given permission to do so by the Office of Community Standards. This includes, but is not limited to, events sponsored by Student Development and Campus Vibrancy. Conditions for readmission after suspension may be specified. Expulsion – Termination of the student's enrollment and exclusion of the student from the University for an indefinite period of time, which in no instance shall be less than two calendar years from the date of the imposition of the sanction. Students expelled from the University are not permitted to enter any University facility or be on the property of the University. Violators of this sanction could be subject to arrest for trespassing. This sanction also includes the same restrictions listed in Disciplinary Suspension.
Departure procedure/information following suspension or expulsion: Any student who has been required to leave the University for student conduct reasons shall leave the premises immediately after being notified unless permission to remain longer is obtained. Any on-campus residential student who is required to leave the University for student conduct reasons shall not be eligible for a refund of residential charges and/or fees in accordance with their Housing Lease. Request for Reinstatement: Students who request to be reinstated and/or who are interested in returning to campus must obtain permission from the VP of Student Affairs and Office of Community Standards. Such requests should be submitted in writing at least three (3) weeks prior to the beginning of the semester for which readmission is being requested. Any student who has outstanding sanctions must complete those prior to reinstatement. After obtaining clearance for readmission, students must comply with deadlines and/or requirements of the University Catalog in effect at the time of their reentry. The status of any student resuming studies at the University after suspension or expulsion for disciplinary reasons shall be that of Disciplinary Probation for the first semester of reenrollment unless other status levels are already in place. Any student required to withdraw from the University for medical reasons and who desires to be readmitted shall follow reenrollment procedures obtained from the VP of Student Affairs. ARTICLE V: Appeals: A. Students have the right to appeal decisions reached by the Office of Community Standards. The student shall adhere to the following stipulations: 12 | P a g e
1. Appeal requests shall be in writing to the Office of Community Standards within three (3) business days of the decision being sent. An appeal form can be obtained from the Office of Community Standards or online at the Office website. 2. In appealing a judicial decision, said appeal must fall into one of the following categories: a) The student has new evidence available that was not available prior to the original hearing; b) The judicial process as outlined was not adhered to during the student's original hearing; c) The sanctions are not appropriate to the violation for which the student has been found responsible. B. Upon receipt of the appeal request, the Office of Community Standards shall evaluate the request and decide whether an appeal hearing will be granted. If an appeal hearing is granted the Office of Community Standards will notify the student of hearing information as appropriate. The Office of Community Standards may determine an outcome based on the information provided in the appeal without further action of the student(s) involved/participation in an additional hearing. If an appeal hearing is not granted an official response from the Office of Community Standards as to why the appeal request is being denied will be sent. C. Appeal Hearing decisions will: 1. Affirm the original decision(s); or 2. Modify/Reverse the original decision(s) and/or sanction(s). D. Decisions in appeal hearings shall be the final determinant of University violations. ARTICLE VI: Disciplinary Files and Records: A. Case referrals may result in the development of a disciplinary file in the name of the student alleged. Other than University suspension or expulsion or in cases where an enrollment block is imposed, disciplinary action shall not be made part of the student's academic record, but shall become part of the student's judicial file. B. Records of judicial proceedings for students found to have violated the Student Code of Community Standards shall be retained as a disciplinary record by the Conduct Officer in the Office of Community Standards for a minimum of six years from the date of the sanction or four years after the student's graduation from the University, whichever comes first. Records shall be kept in a secured file and subject to limited access by the Office of Community Standards. Disciplinary records may be retained for longer periods of time or permanently if a student was suspended, expelled or blocked from enrollment, and in situations that may result in future litigation. C. The Office of Community Standards may choose to record the proceedings. The recording shall be the property of the University. The student may request a copy of the proceedings (provided at a cost) and such request shall be made in writing to the Office of Community Standards. D. Students may request either access to, or copies of their judicial records. Such requests should be made in writing to the Office of Community Standards. Students will only be granted access to incident reports, Notification of Alleged Violations letters, and decision letters contained in their judicial file. E. In all such cases where the alleged student is not found in violation of the Student Code of Community Standards, such finding shall be clearly noted in the records. Last Revised 07.09.2012
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