The Honor Code and Violations

HONOR CODE OF CONDUCT
  1. Coverage?The Code of Student Conduct is the University's policy regarding non-academic discipline of students and student organizations. Academic discipline of students is not covered by this Code, but rather falls within the authority of the individual academic units of the University. Students have the responsibility to follow all regulations outlined in this policy.
  2. Rationale?The primary purpose for the Code in the University setting is to respond to incidents of non-academic misconduct in a way that is developmentally sound and which creates an environment in which all members of the academic community can live, work, and learn together. The Code is designed to provide educational guidance to those wishing to develop into good citizens and, at the same time, to respond appropriately to behavior that may be inconsistent with university policies.? Criminal and civil codes are undesirable models for student conduct codes. Unlike society, Spalding University is a voluntary association of scholars who demand and deserve a positive and special learning environment, as well as an approach for enforcing the community's standards. Spalding University is a community dedicated to the principles of free expression in which diverse views are encouraged and embraced. Opinions that may be unpopular and/or contrary to the University's values and objectives, but do not otherwise violate policy, will not be sanctioned.
  3. Interpretation of Code?The University's Honor Code is set forth in writing in order to give students general notice of non-academic prohibited conduct. The Code should be read broadly and is not designed to define non-academic misconduct in exhaustive terms. The Dean of Students or his/her designee is the final authority in defining and interpreting the Code of Student Conduct and conduct procedures. The University reserves the right to amend the Code of Student Conduct at any time.
  4. Inherent Authority?The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The Code applies to incidents that take place on University premises or at University-sponsored activities.? Additionally, the Dean of Students or designee may determine that acts prohibited by the Code but not committed on University premises could also be grounds for disciplinary action. Such action will be taken if a student has acted in a way that substantially interferes with or endangers a member of the University community, or behavior with significant potential to disrupt the educational environment for a member(s) of the learning community or members of the broader community. Such acts include, but are not limited to, drug trafficking, hazing and acts or threats of violence against persons. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending.
  5. Interim Administrative Authority?The Dean of Students, or her/his designee, may defer procedural due process and enforce an interim sanction(s), up to and including interim suspension. This action is taken to; ensure the safety and well-being of members of the University community; to preserve University property; to ensure a student's own physical or emotional safety and wellbeing; or if the student poses an ongoing threat of disruption of the normal operations of the University. Any student who has had interim action taken against him/her will be afforded an Administrative Conduct Meeting or a Conduct Hearing, as soon as it is practical.
  6. Student Contact Information?All students are responsible for maintaining their current address, phone number, and emergency contact information with the Registrar's Office. It is also the student's responsibility to frequently monitor their campus email, as this has replaced postal mailing as the university's most effective and efficient way to disseminate important information to the campus community.
  7. Violations of Law and of This Code?Students may be accountable to both civil authorities and to the University for acts which constitute violations of law and of this Code. Those accused of violations are subject to the University disciplinary proceedings outlined in this Code during the pendency of any criminal or civil proceedings, or of any other University proceedings, regarding the same conduct. Accused students may not challenge the University disciplinary proceedings outlined in this Code on the grounds that criminal charges, civil actions, or other University proceedings regarding the same incident are pending or have been terminated, dismissed, reduced, or not yet adjudicated. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings. The University will refer matters to federal and/or state authorities when appropriate.
  8. Standard of Proof?The standard of proof for incidents of non-academic misconduct is a preponderance of evidence. Preponderance of evidence is defined as evidence that a reasonable person would find persuasive or more likely than not to have occurred. The technical rules of evidence applicable to civil and criminal cases shall not apply when resolving incidents as outlined by this Code.
  9. Definitions when used in this Code
    1. The term “bullying” is defined as a pattern of conduct directed at another person or group that is severe, pervasive or persistent and is of a nature that either would or does cause a reasonable person in the victim's position substantial emotional distress and undermines his or her ability to engage in learning or participate in his or her regular life activities or participate in the activities of the University.
    2. The term "consent" means freely given agreement by a competent person. A person is deemed incompetent to give consent when that person is under such an incapacitation from drugs/alcohol that he or she does not appreciate the nature of the consent, if he/she feels threatened or unsafe to deny consent, or if the person is a minor.?
    3. The term "days" means business days as defined by the University academic calendar.?
    4. The term “destructive device” means any explosive, incendiary, or poison bomb, grenade, mine, rocket, missile, or similar device and includes the unassembled components from which such a device can be made.
    5. The term "distribution" means giving, selling, or exchanging.
    6. The term "group" means a number of persons who are associated with each other and who have not complied with University requirements for recognition as an organization.?
    7. The term “harassment” means conduct that is so severe, pervasive, and objectively offensive, and that so undermines and detracts from the student(s) educational experience, that the student(s) are effectively denied equal access to an institution’s resources and opportunities. ?
    8. The term “Hate Speech” is defined as the use of any pejorative terms, phrases or names for groups used in a way that is clearly intended to insult or defame individuals from that group and/or create a hostile environment.
    9. The term "hazing" means any action or situation which recklessly or intentionally endangers mental or physical health; creates an atmosphere of servitude; involves dangerous, demeaning or ridiculing activities; involves the forced consumption of liquor or drugs; for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in, a group or organization.?
    10. The term “incivility” is defined as verbally abusive or harassing behavior which demeans, belittles, or intimidates another member of the learning community because of personal characteristics or beliefs or their expression.
    11. The term "intentionally" means a conscious objective to engage in the described conduct; intoxication is not a defense to a charge of intentional misconduct.?
    12. The term "non-consensual" means without either explicit verbal consent or overt action clearly expressing consent. An individual incapacitated by drugs/alcohol cannot give consent. Such signals of consent must be mutual and ongoing.
    13. The term "notify in writing" means to mail written notice to the student's most recent address of record, or to send electronic notification to the student's official University email account, or to provide a hand written notice to the student in person.
    14. The term "organization" means a number of persons who have complied with the University requirements for recognition.?
    15. The term “possession” means having actual knowledge of a substance or property or being in such close proximity to the substance or property that it is a reasonable presumption that one had knowledge of the substance or property.
    16. The term "reckless" means conduct which could reasonably be expected to create a substantial risk of harm to a person(s) or property, or which would be likely to result in interference with normal University or University-sponsored activities.?
    17. The term “sexual exploitation” means the taking of non-consensual or abusive sexual advantage of another:
      • by a person(s), or the inducement of another person to do the same,
      • for one’s own advantage or benefit,
      • or to benefit or advantage anyone other than the one being exploited.
    18. The term "Sexual Harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Conduct constitutes sexual harassment when:
      1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or participation in a university-sponsored education program or activity;
      2. submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such an individual; or
      3. such conduct has the purpose or effect of unreasonably interfering with an individual's employment or academic performance or creating an intimidating, hostile, or offensive working or educational environment.
    19. The term "sexually abusive contact" means sexual intercourse, anal intercourse, oral intercourse, touching of the genitals, breast, buttocks, or inner thighs, sodomy or any other physical conduct or touching of a sexual nature without explicit consent and/or by force.
    20. The term "stalking" means a course of behavior directed at a specific person(s) involving repeated (two or more occasions) visual or physical proximity, non- consensual communication, expressed or implied threats of death or bodily harm, or a combination thereof, causing a reasonable person fear. Stalking behaviors may include persistent patterns of leaving or sending the person(s) unwanted items or gifts ranging from seemingly romantic to bizarre, following the person(s), lying in wait for the person(s), or harassing the person(s) via the internet or other forms of online and computer communications (i.e. Cyberstalking).?
    21. The term "student" means any person admitted or matriculating at the University in any student status, including but not limited to a degree granting program, consortia program, study abroad, professional studies, online education, or any other University sponsored or sanctioned program. Persons also to be considered “students” under the Code include, persons who withdraw after allegedly violating the Code, who are currently serving a period of suspension, who are not officially enrolled for a particular term but who have a continuing relationship with the University, who have been notified of their acceptance for admission are considered "students," or persons who are living in University residence halls, although not enrolled in this institution. ?
    22. The term "University premises" means buildings, grounds owned, leased, operated, controlled, or supervised by the University.?
    23. The term "University-sponsored activity" means any activity, on or off campus, which is partially or fully funded or supervised by the University or an employee of the University.?
    24. The term "weapon" means any object or substance designed to inflict a wound, cause injury or incapacitate including, but not limited to, any weapon from which a shot readily capable of producing death or serious injury may be discharged; any knife other than an ordinary pocket knife; sharp tools such as axes; billy or nightstick; blackjack or slapjack; nunchaku karate stick; shuriken or death star; and artificial knuckles made from metal, plastic or similar hard material.
    25. The term "week" means five (5) business days as defined by the University academic calendar.
    26. The term "University official" includes any person employed by or contracted to provide services for Spalding University, performing assigned administrative or professional responsibilities.
    27. The term "University resources" means supplies, equipment, or technology services (e.g., computers, disk storage, software, voice communications (local or long distance,) network) which are owned, leased, operated, controlled, supervised, or provided by the University via University supplied resources. These resources may be funded in part by state funds.?
    28. The terms "University," campus,” and "institution" mean Spalding University.
  10. Prohibited Conduct? Any student found to have committed or to have attempted to commit the following prohibited conduct is subject to the conduct sanctions outlined in section 12:
    1. Dishonesty
      Knowingly furnishing false information, orally or in writing, including, but not limited to, deceit or efforts to deceive relating to academic work, information legitimately sought by an official or employee of the University, and testimony before individuals authorized to inquire or investigate conduct. Dishonesty also includes the fraudulent use of identification cards and meal plans.

      Specific Conduct Prohibited by this Section Includes but is Not Limited to:

      1. Misrepresenting information or furnishing false information to a University official.
      2. Forging, altering, misrepresenting, counterfeiting, or misusing any University (1) document, (2) identification/authentication method/mechanism or (3) access device or process.
    2. Disruption
      Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other University activities, including public service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises.

      Additional examples include, but are not limited to, conduct that is disorderly, lewd, or indecent; breach of peace; or, aiding, abetting, or procuring another person to breach the peace on University premises or at functions participated in, or sponsored by the University or members of the academic community.

      Specific Conduct Prohibited by this Section Includes but is Not Limited to:

      1. Intentionally or recklessly disrupting normal University functions and processes, University-sponsored activities, or any function, process or activity on University premises including, but not limited to: studying, learning, teaching, public speaking, meetings, research, approved demonstrations, University business operations, processes or administration, or fire, police, or other emergency services.?
      2. Participating in a demonstration, riot or activity that disrupts the normal operations of the University and /or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and or normal activities.?
    3. Threatening or Intimidating Behavior ?
      Threatening or intimidating behavior includes physical abuse, verbal abuse, threats, intimidation, harassment, coercion, or other conduct that threatens or endangers the mental or physical health or safety of any person. Such behavior also includes the use of actions or speech to express or suggest intent to physically injure an individual(s), damage their property or create an emotionally unsafe environment, or to cause a person to have a reasonable apprehension that such harm may occur.

      Specific Conduct Prohibited by this Section Includes but is Not Limited to:

      1. Intentionally or recklessly causing physical harm to another person or to self.
      2. The use of actions or speech that threatens or endangers the health, well-being, property, or safety of any person(s).
      3. Deliberate constraint, detainment or incapacitation of another, without that person's explicit knowledge or consent.
      4. Intentionally or recklessly stalking another person.
    4. Incivility, Hate Speech and Bullying
      This policy prohibits Incivility, Hate Speech and Bullying which can include verbally abusive or harassing behavior, the use of pejorative terms, phrases or names for groups used in a way that is clearly intended to insult or defame individuals from that group and/or create a hostile environment and any pattern of conduct directed at another person or group that is severe, pervasive or persistent and is of a nature that either would or does cause a reasonable person in the victim's position substantial emotional distress.

      Incivility, Hate Speech and Bullying undermine victims’ ability to engage in learning, participate in the activities of the University or participate in his or her regular life activities.

      Specific Conduct Prohibited by this Section Includes but is Not Limited to:

      1. Deliberate or reckless use of uncivil or hate speech on campus or directed at other members of the Spalding community.
      2. Deliberate or reckless bullying of individuals or groups who are part of the University.
      3. Intentionally and substantially interfering with the freedom of expression of others.?
      4. Deliberate constraint, detainment or incapacitation of another, without that person's explicit knowledge or consent.
      5. Intentionally or recklessly stalking another person.?
      6. Engaging in harassment.
      7. Sexual Misconduct, Assault, and Harassment ?
        Sexual misconduct refers to any non-consensual conduct of a sexual nature, encompassing a broad range of behavior from verbal harassment to sexual assault. It may include, but is not limited to, inappropriate or overtly suggestive remarks which would be inclined to cause offense to a reasonable person, non-consensual touching of intimate body parts, non-consensual touching of the clothing covering intimate body parts, photographing others in a sexually suggestive manner.

        Use of alcohol or drugs shall not diminish one‘s responsibility to obtain consent.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Engaging in sexually abusive contact.?
        2. Engaging in sexual harassment.?
        3. Engaging in sexual exploitation.
        4. Transmitting, recording or photographing the image or voice of another person without that person’s knowledge or consent. This policy includes recording/photographing while in an environment that is considered private or where there is an expectation of privacy, such as a locker room, residence or bathroom.
        5. Deliberate constraint, detainment or incapacitation of another, without that person's explicit knowledge or consent.
        6. Intentionally or recklessly stalking another person.?
      8. Theft
        Theft refers to the unauthorized taking or appropriating of property from the University or from another student, a member of the University community or from entities outside of the university. Note that theft also includes unauthorized copying of and unauthorized access to computer software. Attempted theft means a willful act designed to accomplish the appropriation of another’s property, but falling short of that goal.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Theft or misuse of property or of services on University premises, at University-sponsored activities, or from University organization(s) or group(s), or knowing possession of stolen property or use of stolen services on University premises, at University-sponsored activities, or from University organization(s) or group(s).?
      9. Vandalism and Reckless Damage
        Vandalism means intentionally causing damage to the property of the University, another student or the property of a member of the University community or other personal or public property, on or off campus. Reckless Damage means taking actions or allowing actions to occur that result in damage to University property or the property of another student or member of the University community.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Intentionally or recklessly destroying or damaging property or the property of others.?
        2. Intentionally or recklessly misusing or damaging fire or other safety equipment.?
      10. Hazing and Malicious Pranks ?
        Hazing means an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this code or conduct. Malicious Pranks means a playful or mischievous act that infringe on a student‘s rights, inflicts physical or psychological pain, or causes personal humiliation or damage to University or personal property. Any action that gives rise to such consequences will be subject to disciplinary action.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Intentionally initiating or causing any false report, warning, or threat of fire, explosion, or other emergency.
        2. Intentionally or recklessly misusing or damaging fire or other safety equipment.?
        3. Hazing, encouraging, facilitating or allowing hazing by any organization or by any individual on behalf of an organization or group (recognized or not recognized by the university), or visitor within Spalding University community. The express or implied consent of the individual will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; it is a violation of this rule.?
        4. Transmitting, recording or photographing the image or voice of another person without that person’s knowledge or consent. This policy includes recording/photographing while in an environment that is considered private or where there is an expectation of privacy, such as a locker room, residence or bathroom.
        5. Deliberate constraint, detainment or incapacitation of another, without that person's explicit knowledge or consent.
        6. Engaging in harassment.
      11. Failure to Comply with University Authority ?
        Failure to comply with University Authority means failing to adhere to the directions of University officials or campus safety officers who are acting in performance of their duties or the failure to identify oneself to these persons when requested to do so. The definition also includes failure to adhere to the policies of the University outlined in the University Catalog, the Student Handbook, the Residence Hall Handbook, and similar documents.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Failure to comply with the reasonable directions of University official(s) acting in the performance of their duties.?
        2. Misrepresenting information or furnishing false information to a University official
      12. Trespassing ?
        Unauthorized presence on or the use of University premises, facilities, or property. Tresspassing also includes theUnauthorized possession, duplication, or use of keys, access codes or similar technologies to any University premises, as well as the . Unauthorized entry into the living or working spaces of other students or members of the learning community.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Unauthorized presence on or use of University premises, facilities, or property.?
      13. Possession/Use of Alcohol or Illicit Drugs
        Any student found with illicit drugs on campus may be reported the Louisville Metro Police Department. Alcohol is not permitted on campus without the express written permission of the President‘s Leadership Team. Alcohol is not permitted in the Residence Hall under any circumstances.

        A student who abuses alcohol or other drugs while off campus may be subject to disciplinary action as if the violations occurred on campus. Students who arrive on campus impaired by alcohol or illicit drugs are subject to this policy regardless of if the consumption of the alcohol/drugs took place on campus.

        Student Organizations are not permitted to serve alcohol without prior approval and compliance with the policy on alcohol use on campus.

        If one person attending a student organized event is suspected of violating the policy on alcohol or drugs, the individual will be removed from the event. If a second person is found of this policy, the individual will be removed, and Campus Safety will have the discretion to shut down the event. If any member of the Student Organization knew or had reason to know that the alcohol/drug policy would be violated, the Dean of Student will have the discretion to disband the organization or to discipline the students involved for violations of this code of conduct.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Unauthorized possession of an open container of an alcoholic beverage.
        2. Providing alcoholic beverages to individuals under 21 years of age, or possession or use of alcoholic beverages by individuals under 21 years of age.?
        3. Unauthorized distribution of alcoholic beverages or possession of alcoholic beverages for purposes of distribution.
        4. Unauthorized distribution, possession, or use of any controlled substance or illegal drug, as defined by the Kentucky Revised Statutes, Chapter 218A.?
        5. Appearing in any public space on campus (including common areas within Campus Housing such as hallways and lounges) manifestly under the influence of a controlled or other intoxicating substance.?
        6. Driving under the influence of alcohol or other controlled substance(s).

        Limited Medical Amnesty: Students who require medical attention related to extreme intoxication, potential alcohol poisoning or drug overdose are offered medical amnesty from judicial processes related to alcohol or drugs. The same amnesty extends to those individuals caring for the student by seeking assistance from RA’s, Res Hall Directors, Counselors, Campus Safety, Police, EMTS or other University or Emergency professionals. The purpose of this policy is explicitly to encourage students to seek help for himself or herself or a peer if needed. All students may still be required to meet with the Dean of Students or a counselor following such an incident but formal charges may be waived.

        Parental Notification Policy: The Family Educational Rights and Privacy Act (FERPA) permits an institution of higher education to disclose to parents or legal guardians the results of disciplinary hearings and actions if the student is less than 21 years of age and responsible for violating campus rules regarding the use or possession of alcohol or a controlled substance. Parents or guardians of students under the age of 21 will be notified of all violations of University drug and alcohol policies.

        Eligibility for Financial Aid: ?Students found in violation of the alcohol and drug laws jeopardize their ability to receive federal financial aid, Spalding University scholarships and Kentucky Scholarships for which they might otherwise be eligible.

        Drug-Free Workplace Policy: The Federal Drug-Free Workplace Act of 1988 prohibits the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs in the workplace and provides for sanctions against faculty, staff, and the student employees, permanent or temporary, who violate this policy. Pursuant to federal law, the policy also requires grant or contract employees to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction. Any student employee who violates the drug-free workplace policy is subject to prosecution and punishment by civil authorities, as well as to disciplinary procedures by the University and may also be terminated from his or her position of employment by the supervising department.

      14. Possession of Hazardous Items or Materials ?
        Possession of firearms, explosives, other weapons, fireworks or dangerous chemicals on University premises or use of any such item on campus, even if legally possessed is prohibited. This prohibition extends to cars owned by students that are parked in University lots. Additionally, references to such items or materials either verbally, in writing or electronically, in a manner that threatens or causes fear to others is prohibited .

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Unauthorized use, possession, or storage of any weapon, ammunition, or realistic replica of a weapon on University premises or at a University-sponsored activity unless an exemption is allowed by the Dean of Students or University Council.
        2. Unauthorized use, possession, or storage of fireworks; destructive device; incendiary, dangerous, or noxious devices or materials; or chemicals that could pose a health risk, either by themselves or in conjunction with other chemicals.?
      15. Electronic Misconduct
        Electronic Misconduct refers to the intentional or reckless interference with or disruption of University technology services or resources (e.g., computer disk storage, data, software, voice communications (local or long distance,) network), unauthorized use, misuse, abuse, alteration, disclosure or destruction of University technology services or resources, improper access to University technology services/resources, or violation of intellectual property (e.g., copyright) rights or restrictions of others.?

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Prohibited Uses of Internet Systems and Services including:

          Theft or other abuse of the campus network, computers, or computer time, including, but not limited to:

          Unauthorized entry into a file to use, read, or change the contents or for any other purpose.
          Unauthorized transfer of a file.
          Unauthorized use of another individual‘s identification or password.
          Use of computers or computing facilities and resources to interfere with the work of another student, faculty member, or University official.

        2. Use of computing facilities and resources in violation of copyright laws.
        3. Illegal Use: Transmission, distribution, or storage of any material in violation of an applicable law or regulation is prohibited. This includes, without limitation, pornography, viruses, worms, or harmful code, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization. Students shall comply with the Digital Millennium Copyright Act of 1998.
        4. Threats: Threats of bodily harm or destruction of property, or any other communication that constitutes an illegal threat or harassment.
        5. Reselling: The resale of Internet Service or otherwise making available to anyone outside the premises the ability to use the Service (i.e. Wi-Fi, or other methods of networking) without proper authorization.
        6. Impersonation/Forgery: The use of the Internet Service for the impersonation of another person for any purpose, including, without limitation, adding, removing, or modifying email or network header information, use of free email services, selling or auction services, and chat or other instant messaging services. Identity theft, misuse, or misrepresentation of one‘s identity on the Internet is a violation of KY state law and covered under section 18 of the United States Federal Code.
        7. Disruptions and Network Unfriendly Behavior: Any activities, intentional or otherwise, which adversely affect the ability of other students or clients of Spalding’s ISP to use Internet Services or the Internet. This includes, without limitation, denial of service (DOS) attacks, unauthorized attempts to gain access to any account or computer resource not belonging to the student, the alternation, destruction, or misuse of information by any means or device, the interference or disruption of services.
        8. Network Security: The operation, through action or inaction, of student or University owned computers and equipment in an unsecured manner which permits others to use the Residence Hall Internet Service in a means that is in violation of this AUP or any applicable law or regulation including, without limitation, DOS attacks, the pro ration of viruses or worms, email relaying and unsolicited email ("email spam").
        9. Email: Sending unsolicited mail messages, including the sending of junk mail? or other advertising material, to individuals who did not specifically request such material ("email spam"). This includes, without limitation, bulk-mailing of commercial advertising, informational announcements, and political tracts. Students in violation of this policy will be subject to a fine by the internet service provider of no less than five dollars ($5.00 US), not to exceed five hundred dollars ($500.00 US), per mail message. It also includes, without limitation, posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting).
        10. Deception: Obtaining or attempting to obtain service by any means or device with intent to avoid payment, or advertising, transmitting, or otherwise making available any software, program, product, or service, which includes, without limitation, the facilitation of the means to send email spam, initiation of pinging, flooding, mail-bombing, DOS attacks, and piracy of software.
        11. Use of any technology to create, display or distribute an audio, video, digital file, picture or film of another individual without that person‘s knowledge and consent while the person is in a place where he or she would have reasonable expectation of privacy.
        12. Engaging in Harassment.
        13. Engaging in hate speech.
        14. Engaging in bullying.
        15. Engaging in stalking.
      16. Judicial Misconduct ?
        Abuse of the judicial system undermines the purpose and intent of the Honor Code and diminishes the ability of the University to uphold the rights and responsibilities of students toward the Spalding learning community.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Knowingly violating the terms of any disciplinary sanction imposed in accordance with this policy.?
        2. Intentionally filing a false complaint under this Code.
        3. Failure to obey the notice of the Honor Board or University official to appear for a meeting or hearing as part of a judicial process.
        4. Falsification, distortion, or misrepresentation of information before the Honor Board.
        5. Disruption or interference with the orderly conduct of a judicial proceeding.
        6. Institution of an Honor Board proceeding knowingly without cause.
        7. Attempting to discourage an individual‘s proper participation in, or use of, the judicial system.
        8. Retaliation against any member of the University community for cooperating with the Dean of Students or designee, Campus Safety or the Honor Board while performing their duties related to enforcement of the Honor Code.
        9. Attempting to influence the testimony of a witness or the impartiality of a member of the Honor Board
        10. Harassment (verbal or physical) or intimidation of a complainant, witness or member of the Honor Board.
        11. Influencing or attempting to influence another person to commit an abuse of the judicial system.
      17. Facilitating Prohibited Conduct
        Facilitating or allowing policy violations refers to either actively aiding or choosing not to confront, report or otherwise intervene when a person or persons are believed or known to be or violating the Honor Code, Academic Dishonesty, other regulation, law or ordinance.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Aiding or abetting any prohibited conduct described in section 10.?
        2. Failing to report immediately any serious health or safety risk to the police, the Dean of Students Office or other appropriate University personnel.?
        3. Failing to report immediately any serious violation of the Honor Code or local/federal law to the police, the Dean of Students Office, Res Life Director or other appropriate University personnel.
      18. Illegal Behavior
        Any behaviors or actions, which are violations of city, state or federal law, are subject to investigation, findings and sanctions regardless of the action taken by local, state or federal law enforcement.

        Specific Conduct Prohibited by this Section Includes but is Not Limited to:

        1. Violation of any government laws or ordinances, or of any University rules, regulations, or policies as approved by University Officials.
  11. Discipline Procedures?The general responsibility for non-academic discipline of all students enrolled in Spalding University shall be vested in the Office of the Dean of Students. The Dean of Students Office has been delegated the responsibility of administering the Honor Code and Student Conduct.

    If an incident is related to Professional

    If the incident occurred in University Housing the student should be referred to the Director of Residence Life first. The Dean of Students Office in consultation with Residence Life staff will determine when an incident that occurred in University Housing should be resolved by the Dean of Students Office.

    Anyone wishing to report an alleged incident of nonacademic misconduct, as specified in Section 10, may submit such report in writing to the Dean of Students Office, which shall determine whether any action should be taken in response to the report. If it is determined that action should be taken, the Dean of Students or his/her designee will decide whether to proceed by an administrative conduct meeting with the accused student or to proceed by a conduct hearing.

    In either case the accused student will be notified in writing of the charges. The written notice will include the date, time, and place of the administrative conduct meeting or conduct hearing. All matters which would result in a sanction less severe than suspension or expulsion will be resolved in an administrative conduct meeting unless the Dean of Students or designee decides that a hearing is warranted. An administrative conduct meeting is a meeting between the accused student and the Dean of Students or designee. It is a meeting designed to provide the accused student an opportunity to give his/her account of the incident in question, to think critically and reflect on the behavior and decisions that led to this situation, and to discuss alternative options for the future.

    If the University Representative determines that the student violated the Code, a sanction can be imposed during the meeting. If the accused student fails to appear at a conduct meeting or conduct hearing, the meeting or hearing may be held in their absences, with determination of violation(s) and sanction(s) being imposed. All matters for which revocation of admission or degree, withholding a degree, suspension or expulsions are possible outcomes will be resolved in a conduct hearing. Students may waive their right to a conduct hearing and may elect to have their case resolved through an administrative conduct meeting. However, if a student waives their right to a hearing, the full range of sanctions authorized by this Code may be imposed, and the right to appeal is forfeited. A student conduct hearing board will be utilized in all conduct hearings. The hearing board will be composed of three members chosen from a pool of trained students, faculty and staff that serve as members of the student conduct hearing council. The hearing board will hear evidence and make recommendations regarding findings and sanctions to be imposed, if any, to the Dean of Students. Findings will be based on information contained in the hearing record as provided by the complainant and the accused. Board recommendations will be based on a majority vote.

    11.1. Conduct Hearing Procedures?When incidents occur that involve more than one accused student the Dean of Students representative or designee, in his or her discretion may permit the hearing concerning each student to be conducted jointly or separately. Whenever a hearing is to be held regarding an alleged incident of non-academic prohibited conduct, the accused student and the person reporting the alleged misconduct ("complainant"), if any, will be given five (5) days written notice of the charges alleged against the accused student and of the date, time and place of the hearing. In the case that the person reporting the alleged misconduct is not serving as the complainant then a university official will serve as the complainant.

    A representative from the Dean of Student office or designee will serve as the Hearing Official and preside over the hearing. The hearing shall be informal; strict rules of evidence will not apply. The hearing will be closed to everyone except the hearing official(s), appropriate Dean of Students Office staff, the accused student, the complainant, advisors to the accused student and the complainant, and witnesses during the actual time of their participation. Concerns for personal safety, well-being and or fears of confrontation of the complainant, accused student, and/or other witness during the hearing may be accommodated by providing a visual screen; by permitting participation by phone, videophone; or other means where and as determined in the sole judgment of the Hearing Official.

    All procedural questions are subject to the final decision of the Hearing Official.? The accused student and the complainant, if any, have the right to:

    1. Be present at the hearing. However, if either or both of the accused student or the complainant fail to appear at the hearing, the hearing may be held in either or both of their absences.
    2. Present information by witness, or by written statement from a witness sent to the Dean of Students Office staff if a witness is unable to attend the hearing. It is requested that witness statements be submitted two days prior to the hearing. The hearing officer will review statements for incident information. It is the discretion of the hearing officer to determine whether or not the statements are appropriate for inclusion in the hearing. It is the responsibility of the accused student and the complainant to notify their witnesses of the date, time, and place of the hearing. If witnesses fail to appear, the hearing will be held in their absence. No character witnesses nor information regarding behavior not relevant to the incident in question will be considered in a hearing.
    3. Bring one advisor to the hearing. The advisor, however, may not participate in examination of witnesses or presentation of materials or information to the hearing official(s), unless specifically asked to do so by the hearing official. The advisor may confer and give advice to the student in a quiet, confidential and non- disruptive manner. ?
    4. Question their own witnesse(s).?
    5. Question the other parities witness(s) either through the hearing official or directly as deemed appropriate by the Hearing Official.?F. Request a pre-hearing conference prior to the conduct hearing.

    11.2 Hearing Decision?Within three (3) days after the date of the hearing, the hearing official on behalf of the hearing board will make a written recommendation to the Dean of Students. The Dean of Students or designee will review the recommendation and will issue a written decision within ten (10) days after the date of receipt of the recommendation. The written decision will include information regarding appeal procedures if there is an option for appeal. The complainant will receive notification of the hearing decision as allowed by law and institutional policy.

  12. Conduct Sanctions?If it is determined at the Administrative Conduct Meeting or Conduct Hearing that the accused student has committed conduct prohibited in Section 10, the Dean of Students or designee will impose an appropriate sanction(s) which may include but is not limited to the following:
    1. Reprimand: Notice of violation of specified regulations and warning that further such conduct may result in a more severe disciplinary action.?
    2. Conduct Restrictions: Limiting of certain privileges or practices of the individual(s) or organization(s) involved in the prohibited conduct for a designated period of time. This may include but is not limited to the following: status and participation in any and all organized University activities; restriction of use of university facilities, services and resources; or restriction of contact with specific students, faculty and staff.?
    3. Conduct Probation: Imposition of conditions or restrictions on the individual(s) or organization(s) involved, with warning of more severe action if further infractions occur (or if probation is violated).?
    4. Fines: Fines may be imposed.?
    5. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.?
    6. Discretionary Sanctions: Counseling residence hall relocation work assignments essays, service requirements educational assignments, or other related discretionary assignments.?
    7. Residence Hall Suspension: Separation of the student from University Housing or affiliated housing for a period of time. Conditions for readmission may be specified.?
    8. Residence Hall Expulsion: Permanent separation of the student from University Residence Life or affiliated housing.
    9. Conduct Suspension: Immediate exclusion from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
    10. Conduct Expulsion: Immediate, permanent exclusion from the University subject only to readmission by the Dean of Students (VPSA) of the University as outlined in section 14.
    11. Revocation of Admission and/or Degree: Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation. Degree revocation is subject to approval by the Board of Trustees.
    12. Withholding Degree: The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Code of Student Conduct, including the completion of all sanctions imposed, if any.

    More than one of the sanctions listed above may be imposed for any single violation.?When a violation of this Code is determined to be motivated by intolerance based on race, ethnicity, age, religion, gender, sexual orientation, disability, or national origin, the sanction(s) imposed may be increased in severity.

    12.1. Separation from the University?In any case which results in separation from the University, withholding a degree, or revoking a degree, the Dean of Students Office will notify the dean of the academic unit in which the student has been enrolled and other appropriate University officials.

    12.2 Student Organizations?Student Organizations and their members are expected to follow the Code of Student Conduct; therefore, will be charged with violations of this Code. Student Organizations and its officers may be held collectively or individually responsible for violations of the Code of Student Conduct. Disciplinary Procedures for Student Organizations will be the same as other student procedures as outlined in section 11.1. In addition to the Conduct Sanctions outlined in section 12; Student Organizations may also face the following sanctions as necessary: ?a. Suspension of organizational recognition: Temporary removal of recognition.?B. Revocation of organizational recognition: Permanent removal of recognition.?C. Revocation of Charter Recognition?The appeal process for Student Organizations is listed in section 13.1 of the Code of Student Conduct.

  13. Student Appeals?To initiate an appeal, the individual must complete the Student Appeal Request Form. ?Disciplinary decisions may be appealed under the following conditions:
    1. A complainant can only appeal if he/she has the right to know the outcome of the case as permitted by state and federal law.
    2. An accused student can appeal any sanction of revocation of admission or degree, withholding a degree, suspension, or expulsion. If the accused student did not receive one of these sanctions, the decision of the Dean of Students will be the final decision of the University. The purpose of an appeal is not to provide a second hearing for the case. ?The complaint and/or the accused student may request an appeal for one or all of the following reasons:
      1. whether the hearing was conducted fairly and in accordance with the procedures outlined in this Code of Student Conduct;?
      2. whether there was sufficient information presented at the hearing that a violation of the prohibited conduct section occurred.;
      3. whether the sanction(s) imposed was appropriate;?d. whether there is new information that was not known to the person requesting the review at the time of the hearing and that, if presented at the hearing, would more than likely have altered the hearing decision.

      The Dean of Students or his/her designee will first review all requests for appeal to determine if the request meets the established criteria for appeal and are within the appeal filing timeline that is allotted. If students do not meet the established criteria for appeal or do not appeal within the allotted timeframe, the decision of the Dean of Students will be the final decision of the University.

      Appeals must be in writing and emailed to the Dean of Students Office within ten (10) days after the issuance of the hearing decision of the Dean of Students. In the case where the complainant is informed of the case outcome, and an appeal is submitted by the complainant or accused student, the other party shall be given a copy of the appeal and an opportunity to respond within five (5) days of notification that an appeal has been submitted.

    13.1 Student Organization Appeals?To initiate an appeal, Student Organizations must complete the Student Organizations Appeal Request Form. ?Disciplinary decisions may be appealed under the following conditions:

    1. An accused Student Organization can appeal sanctions of suspension of organizational recognition, temporary removal of recognition, revocation of organizational recognition, permanent removal of recognition or revocation of charter recognition?The purpose of an appeal is not to provide a second hearing for the case. ?The complaint may request an appeal for one or all of the following reasons:
      1. whether the hearing was conducted fairly and in accordance with the procedures outlined in this Code of Student Conduct;?
      2. whether there was sufficient information presented at the hearing that a violation of the prohibited conduct section occurred.;?
      3. whether the sanction(s) imposed was appropriate;?
      4. whether there is new information that was not known to the person requesting the review at the time of the hearing and that, if presented at the hearing, would more than likely have altered the hearing decision.

    The Dean of Students or his/her designee will first review all requests for appeal to determine if the request meets the established criteria for appeal and are within the appeal filing timeline that is allotted. If the Student Organization does not meet the established criteria for appeal or does not appeal within the allotted timeframe, the decision of the Dean of Students will be the final decision of the University. Appeals must be completed by submitting the online form to the Dean of Students Office within ten (10) days after receiving the hearing decision of the Dean of Students.

    13.2. Separation from the University Pending Appeal?In cases where the sanction(s) imposed on the student involves suspension or expulsion, the Dean of Students may exclude the student from the University property during the pendency of the appeal.

    13.3. Appeals Decision?The Dean of Students shall have the authority to:

    1. Sustain the Hearing Decision of the Dean of Students, including the sanction(s) imposed.
    2. Alter the sanction imposed by the Dean of Students by reducing or increasing the severity of the sanction(s).?
    3. Remand the case to the Dean of Students for further consideration.?
    4. Reverse the Hearing Decision of the Dean of Students.

    The decision of the VPSA will be transmitted in writing to the appealing student and/or organization and to the Dean of Students within fourteen (14) days after the receipt of the appeal. The complainant will be notified of the Appeal Review decision as allowed by law and institutional policy.?The decision of the Dean of Students or designee on all conduct hearing appeals is the final decision of the University.

  14. Expulsion Review?A student who has been expelled from the University may apply for special consideration for readmission after a period of not less than five (5) years. The former student must submit a written petition for readmission to the Office of the Dean of Students. This written request must outline a strong justification for readmission. Additional pertinent documentation may also be required. The Dean of Students will review relevant information and make a final decision. Factors to be considered in review of such a petition will include, but not be limited to:?1. The present demeanor of the petitioner,?2. The conduct subsequent to the expulsion (documentation may be required),and/or?3. The nature of the violation causing the expulsion and the severity of damage, injury or harm that occurred.
  15. Good Samaritan Consideration?The health and safety of our students is of the highest priority. At times students may need immediate medical or other professional assistance. However, students may be reluctant to get help because of concerns that their own behavior may be a violation of the Code of Student Conduct. To minimize any hesitation students or student organizations may have in obtaining help due to these concerns, the University has enacted the following "good samaritan" provision.?Although policy violations cannot be overlooked, the University will consider the positive impact of reporting an incident when determining the appropriate response for policy violations. In such cases, any possible negative consequences for the reporter of the problem should be evaluated against the possible negative consequences for the student who needed assistance. At a minimum, students or student organizations should make an anonymous report that would put the student in need in touch with emergency care providers (Police EMS). Examples where this policy would apply include:
    1. A student is reluctant to call an ambulance when a friend becomes unconscious following excessive consumption of alcohol because the reporting student is under the age of 21 and was also consuming alcohol.
    2. A student is reluctant to report that he/she has been sexually assaulted because he/she had been consuming alcohol and is under the age of 21. For further information or for clarification of the Code of Student Conduct please contact the Dean of Students Office, W301 Student Activities Center Spalding University (502) 852-5787.

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