The Honor Code of Spalding University
Members of Spalding University community, including students, are expected to become familiar with and to foster in their lives the mission of Spalding University. In its most basic dimension, this means respect first for spiritual values, which include honesty and integrity in human behavior. Closely allied are respect for other persons and their rights and, as good citizens, respect for the law and authority. University personnel are expected to create an educational environment that is productive, supportive, and conducive to learning at Spalding.
For students, these responsibilities include:
All proceedings of Spalding University community are intended to be educational, non-adversarial, and confidential. They are not to be considered analogous to any civil proceedings. The disciplinary process is based on the concepts of fairness and justice. This system emphasizes the equal and just treatment of all parties involved, with due respect for all individual rights and privileges.
The rights of students include, but are not limited to:
The Honor System of Spalding University
The Honor System of Spalding University is intended to promote and protect an atmosphere of trust and fairness in the classroom and in the conduct of studentís daily lives. Students at Spalding University are bound by honor and by their enrollment at the University to abide by the Honor and Conduct codes and to report violations. Faculty and staff members are equally required to report violations of the Honor Code.
As members of the university community, students are expected to evidence a high standard of personal conduct and to respect the rights of other students, faculty, staff members, community neighbors, and visitors on campus. Students are also expected to adhere to all federal, state, and local laws. Alleged violations of the Honor Code will be addressed through informal means by the Dean of Students or by formal means by the honor board, a body composed of students, faculty, and staff members.
The term "student" includes all persons taking courses at the University, both full-time and part- time, pursuing undergraduate, graduate, or professional studies and those who attend post- secondary educational institutions other than the University. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered "students." Persons who withdraw after allegedly violating a code are considered "students."
Violations of the Honor Code of Spalding University
Lying: knowingly furnishing false information, orally or in writing, including but not limited to deceit or efforts to deceive relating to academic work, to information legitimately sought by an official or employee of the University, and to testimony before individuals authorized to inquire or investigate conduct; lying also includes the fraudulent use of identification cards.
Altering documents: the forgery, alteration, or misuse of any university document, record, or instrument of identification.
Election fraud: tampering with the election of any university-recognized student organization; or similar activities.
Cheating: the actual giving or receiving of unauthorized, dishonest assistance that might give one student an unfair advantage over another in the performance of any assigned, graded academic work, inside or outside of the classroom, and by any means whatsoever, including but not limited to fraud, duress, deception, theft, talking, making signs, gestures, copying, electronic messaging, photography, unauthorized reuse of previously graded work, and unauthorized use or possession of study aids, memoranda, books, data, or other information. The term cheating includes engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion. Violations and alleged violations of this code are addressed through the policy on Academic Integrity.
Attempted cheating: a willful act designed to accomplish cheating, but falling short of that goal. Violations and alleged violations of attempted cheating are addressed through the policy on Academic Integrity.
Plagiarism: The verbatim repetition, without acknowledgement, of the writings of another author. All significant phrases, clauses, or passages, taken directly from source material must be enclosed in quotation marks and acknowledged either in the text itself or in footnotes/ endnotes. Borrowing without acknowledging the source. Paraphrasing the thoughts of another writer without acknowledgement. Allowing any other person or organization to prepare work which one then submits as his or her own. Violations and alleged violations of plagiarism are addressed through the policy on Academic Integrity.
Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other university activities, including its public service functions on or off campus, or other authorized non-university activities, when the act occurs on university premises.
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 sponsored by, or participated in, by the University or members of the academic community.
Participating in a campus demonstration or off campus demonstration, riot or activity that disrupts the normal operations of the University or infringes on the rights of other members of the university community; leading or inciting others to disrupt scheduled or normal activities within any campus building or area.
Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at university-sponsored or supervised functions.
Threatening or Offensive Behavior
Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, or other conduct that threatens or endangers the health or safety of any person.
Sexual misconduct may be defined as 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.
"Non- consensual" means without either explicit verbal consent or overt action clearly expressing consent. Such signals of consent must be mutual and ongoing. Incapacitation constitutes a lack of consent. Examples of incapacitation include, but are not limited to, the following: use of force, threat of force, fear, persons who are intoxicated, passed out, asleep, or for any other reason physically unable to communicate unwillingness. Use of alcohol or drugs shall not diminish oneís responsibility to obtain consent.
Theft or Vandalism
Stealing: the unauthorized taking or appropriating of property from the University or from another member of the university community. Note also that stealing includes unauthorized copying of and unauthorized access to computer software.
Attempted stealing: a willful act designed to accomplish stealing, but falling short of that goal.
Vandalism: causing damage to the property of the University or the property of a member of the university community or other personal or public property, on or off campus.
Hazing and Malicious Pranks
Hazing, defined as 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.
Though it is not uncommon for the student community to engage in humorous pranks, all individuals and groups are expected to ensure that such activities never exceed the bounds of good humor and respect for others. Such activities must never infringe on a studentís rights, inflict physical or psychological pain, causes personal humiliation or damage to college or personal property. Any action that gives rise to such consequences will be subject to disciplinary action.
Failure to Comply with University Authority
Failure to comply with 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. Failure to adhere to the policies of the University outlined in the University Catalog, the Student Handbook, the Residence Hall Handbook, and similar documents.
Unauthorized possession, duplication, or use of keys to any University premises or unauthorized entry (trespassing) to or use of university premises.
Possession of Alcohol or Illicit Drugs
Possession as used in this handbook is defined as 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. For example, 1) those in a room where a controlled or prohibited substance is present would be presumed to be in possession of the substance absent compelling evidence to the contrary or 2) a bong found on a desk during a health and safety inspection would be presumed to be the possession of the student to whom the desk belongs absent compelling evidence to the contrary.
Any student found with illicit drugs on campus shall be reported the Louisville Metro Police Department. Alcohol is not permitted on campus without the express written permission of the Presidentís Executive 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 may be subject to disciplinary action.
Student Organizations are not permitted to serve alcohol under any circumstances. If one person attending a student organized event is found with alcohol or drugs the individual will be removed from the event. If a second person is found with alcohol or drugs 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 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.
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.
Possession of Hazardous Items or Materials
Possession (see 126.96.36.199 for definition of possession) of firearms, explosives, other weapons, or dangerous chemicals on university premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
Violations of federal, state, or local law, including but not limited to, use, possession (see 7.2.7 for definition), manufacture, or distribution of marijuana, cocaine, narcotics or other controlled substances, including prescription medications, except as expressly permitted by law.
The possession (see 7.2.7 for definition) or sale of drug paraphernalia such as roach clips, bongs, water pipes, cocaine spoons. (For more information about violations and our responses to drug-related activity see Drug Policy below.)
Prohibited Uses of Internet Systems and Services:
Abuse of the judicial system, including but not limited to:
Facilitating or Accepting Improper Behavior
Facilitating or Accepting Improper Behavior is defined as aiding or choosing not to confront a person violating the honor code, code of conduct or other regulation, choosing not to leave such a situation, or choosing not to tell a university staff member about the code violation.
Levels of Violation and Sanctions
Category "A" Violations Category "A" violations are the least severe violations, however they are serious enough that they are cause for disciplinary action. Any member of the Spalding Community may make a complaint to the Dean of Students. The Dean for Students or his or her designee will review the case, meet with the student, outline the violation of University policy and may impose disciplinary action, and document the proceedings. Typically Class "A" violations are not serious enough to warrant a hearing before the Honor Board. However, if a student is dissatisfied with the discipline imposed, he or she may appeal to have the matter heard by the Honor Board. The Honor Board may impose lesser or more severe penalties. The decision of the Honor Board will be final and irrevocable; there shall be no further appeal.
Category "A" violations include but are not limited to:
Multiple category "A" violations result in a category "B" violation.
Category "B" Violations
Category "B" violations are a step more serious than "A" violations and are cause for additional disciplinary action. Any member of the Spalding Community may make a complaint to the Dean of Student who will review the allegations and determine if the case will go before the honor board. The honor board will review the case, meet with the student, determine if a violation of university policy has occurred and if so, apply an appropriate sanction. Should the student feel he or she is falsely accused or that the disciplinary actions imposed are too harsh, he or she may appeal in writing to a subcommittee composed of three appointees of the Executive Team appointed by the the Provost or his/her designee. The written appeal must be received within five business days of the receipt of the original determination. Once a request for appeal is received the subcommittee will be appointed and review the facts of the case. The student shall receive a written finding from the committee within 48 hours of a decision. The case ceases with the decision of subcommittee.
Category "B" violations include but are not limited to:
Multiple category "B" violations result in a category "C" violation.
Category "C" Violations
Category "C" violations are the most serious violations and may result in expulsion from the residence hall or from the University. Because of the seriousness of category "C" violations the member of the Spalding Community should make his or her complaint to the Dean of Students. Based on a preliminary investigation, interviews and consultations the case may be heard by the Honor Board with the Dean for Student serving as the presiding member. Should the student feel he or she is falsely accused or that the disciplinary actions imposed are too harsh, he or she may appeal in writing to a subcommittee composed of three appointees of the Executive Team appointed by the Provost or his/her designee. The written appeal must be received within five business days of the receipt of the original determination. Once a request for appeal is received the subcommittee will be appointed and review the facts of the case. The student shall receive a written finding from the committee within 48 hours of a decision. The only penalty that may be appealed beyond the Executive Team Subcommittee is expulsion from the University. Expulsion from the University may be appealed one step further to University Provost. A student seeking to appeal expulsion must do so in writing to the Provost within five business days of the confirmed receipt of the subcommitteeís decision. The Provost will review the case and provide a written finding to the student within 48 hours of making a final determination. There are no appeals beyond the Provost.
Category "C" violations include but are not limited to:
Sanctions will be determined by a majority vote of the honor board except in the case of expulsion, which requires a unanimous vote of the board or panel. A letter informing the student of the sanctions imposed will be available to the student in the Office of Student Development within forty-eight (48) hours of the decision of the honor board/panel.
Records of residence hall expulsions and disciplinary suspensions will be maintained in the Office of Student Development for five (5) years after all appeal rights have expired or have been exhausted, unless federal law requires that they be maintained for a longer period for auditing purposes only. Records of all other sanctions shall not be made part of the studentís permanent academic record, but shall become part of the studentís disciplinary record and will be maintained in the student affairs office until the student graduates, and then destroyed, unless federal law requires that they be maintained for a longer period for auditing purposes only. Files on pending cases will be maintained indefinitely. Recordings of all judicial hearings shall be kept until all appeal rights have expired or have been exhausted, and then destroyed. Recordings are the property of the University.
One or more of the sanctions listed below may be imposed for any single violation.
A written letter sent to the student from the Dean of Student Development office, stating that the student has been found to have violated a particular policy of the University, that such conduct is unacceptable and that further misconduct will result in more severe disciplinary action.
Certain student privileges may be suspended for a set period of time, providing that suspension of these privileges does not interfere with the studentís ability to complete his or her academic work at the University.
Fines and Restitution
Monetary fines may be imposed, or restitution may be required for loss, damage or injury. This may take the form of appropriate service or monetary or material replacement.
A student on probation is not considered in good standing within the University, and his or her continued enrollment is conditioned upon good conduct for the probationary period. The period of time over which the probation extends shall be set forth in the letter to the student as well as the probability of more severe disciplinary sanctions if the student is found to violate any regulation during the probationary period. This sanction may limit student participation in other University activities or programs as determined by individual University units.
Residence Hall Probation
This sanction informs students that the standards necessary for community living have been seriously violated and that future violations of University policy may result in suspension from the residence hall, suspension, or expulsion from the University.
Residence Hall Suspension or Expulsion
This sanction requires the student to terminate occupancy of on-campus residence for a specified period of time. Residence suspension status does not limit participation in non-residential programs. Conditions which must be met in order to be eligible to live on-campus at the end of the residence suspension period must be clearly outlined. Expulsion from the Residence Hall is a permanent separation of the student from the residential hall without refund of housing contract.
Disciplinary Suspension or Expulsion from the University
Disciplinary suspension is denial of enrollment, attendance, and other privileges at the University for a given period of time; permission to reapply for admission at the end of the period may be granted with or without qualifications. Disciplinary Expulsion is a permanent dismissal from the University.
Disciplinary Work or Duty Assignments
Work hours may be assigned where the student will do work benefiting the university community; withholding a degree otherwise earned until the completion of the assigned hours.
Mandated Education or Counseling
Rehabilitative educational experiences may be ordered (drug or alcohol counseling, psychological assessment, defensive driving course, essays, class presentations, etc.)
Other Appropriate Discipline
The Honor Board shall have the discretion to apply other sanctions so long as they are appropriate to the violation and are in keeping with the spirit of typical sanctions.
THE PROCEDURES OUTLINED IN THIS HANDBOOK ARE INTENDED TO AID THE HONOR BOARD IN ITS EFFORTS TO ASCERTAIN THE FACTS OF MATTER AND TO REACH A JUST DECISION. CIRCUMSTANCES CAN DIFFER GREATLY BETWEEN CASES, AND THE CHAIR OF THE BOARD AND THE DEAN OF STUDENT DEVELOPMENT MAY NEED TO MODIFY THE PROCEDURES IN A PARTICULAR CASE IN ORDER TO REACH A TIMELY AND JUST DECISION.
Reporting Alleged Violation(s)
Any member of the university community with knowledge that a student, student group or student organization has violated a policy contained in the University Catalog, this Student Handbook, the Residence Hall Handbook, or similar document, should report the violation(s) as soon as reasonably possible to the office of the Dean of Student Development . The report should be in writing and should contain:
Any person not a member of the University community may also report suspected violations of the codes and should follow these same procedures as set out above.
Student groups and student organizations may only be charged when the violation(s) arises out of or in connection with an organized group event.
The alleged violation(s) must have taken place or have been detected within one month previous to the report, unless there is evidence of concealment, the act or acts in question were later determined to be part of a pattern of harassment, or there is evidence of extenuating circumstances which have caused a delay in reporting, in which case(s) this period of limitation may not apply.
Jurisdiction and Role of the Dean of Students and the Honor Board of Spalding University
The Dean of Students will review alleged violations of the University Honor Code, Student Handbook or the Residence Hall Handbook. This includes, but is not limited to, all drug or alcohol related violations, threatening behaviors, arson and sexual misconduct. The Dean of Studens his or her designee will determine whether to refer the matter to the Honor Board for adjudication.
Role of the Dean of Students
The Dean of Students or his or her designee will discuss the suspected violation(s) with the person reporting it and may consult with other persons having pertinent knowledge, with other University officials, the dean of the studentís academic unit or the Universityís legal counsel if the Dean or the designee deems it necessary in order to determine whether or not there is a reasonable basis for the allegation(s). Based upon the results of these discussions/consultations the Dean of Students will determine which one of the following three processes will be followed.
A) If, after proper consultation, the Dean of Students determines that there is not a reasonable basis for the allegation(s), it will inform the person who reported the suspected violation of that fact and take no further action.
B) If, after proper consultation and research, the Dean of Students determines that the allegations fall within the purview of the studentís academic discipline (e.g., professional ethics issues which are not clear violations of the honor code, residence hall handbook or federal/state law) then the case will be referred to the academic dean of the studentís major field of study where it will be addresses at the departmental level.
C) If, after proper consultation, the Dean of Students determines that there is a reasonable basis for the allegations and the allegations are in violation of the Honor Code, residence hall handbook or federal/state law, he/she will notify the accused individual(s) of the allegation(s). Depending on the determined level of the violation the case may be handled within the Department of Student directly by the Dean of Students, mediated through the counseling center or referred to the Honor Board.
Once the determination has been made regarding the appropriate process the case must move through that process to completion. Any further allegations arising will be reviewed as distinct and must be reviewed through the same process to determine action. Allegations which have been evaluated as detailed above and have undergone any one process through to completion may not be heard again under a different process.
Jurisdiction of the Office for Student Development for Events that Occur Off Campus
The Office of Student Development shall determine, on a case-by-case basis, whether an incident that occurs off campus jeopardizes the University or members of the university community in pursuit of their institutional and educational goals and thus falls within the scope of the Code of Conduct. The Office of Student Development may choose to exercise jurisdiction over off-campus incidents where the alleged misconduct involves incidents such as:
In determining whether or not to exercise off-campus jurisdiction in such cases, the Dean of Students will consider the number of complaints, the seriousness of the alleged offense, whether drugs or alcohol are involved, the risk of harm involved, whether the victim(s) are members of the campus community or surrounding neighborhoods or whether the off-campus conduct is part of a series of actions which occurred both on and off campus.
Rights of the Accused
Each case of an alleged violation will be dealt with in a manner which scrupulously protects the rights of the accused. Any Spalding University student who is accused of a violation has the right to have all proceedings and information relating to a pending or disposed of allegation kept private to the maximum extent possible, consistent with the Freedom of Information Act. The student has the right to seek advice concerning the case from whomever he or she wishes, including attorneys, faculty, or other advisors.
If a hearing is held before the honor board the student must be present to present his or her case. If a student fails to appear he or she will be given one subsequent opportunity to appear before the Honor Board. If the student fails to appear a second time, the Honor Board may decide the case without the student being present. Students may bring one person with them when they appear before the honor board. Students have the right to be present during the entire hearing, except for deliberations.
Students have the right to question witnesses giving evidence about the allegation unless the evidence has been allowed in written form for good cause as determined by the Dean of Student Development or the University Counsel. Students may challenge members of the Honor Board panel on the ground of personal bias. Students have the right to examine all physical or documentary evidence in the case file maintained in the Office of Student Development and to present evidence on he or she r own behalf. The student will have the right to make either a written or oral statement.
The student shall have the right to a written decision of the honor board from the Dean of Students within forty-eight (48) hours of the decision. The student may waive any or all of the aforementioned rights.
Composition of the Honor Board
At minimum of four faculty members, three staff members, and eight students will be appointed to the Honor Board pool. The dean of the studentís major college or school may recommend a pool of possible faculty discipline/major representatives for appointment to the honor board to fill one additional seat in cases where that dean determines such representation is necessary. The final selected representative will be appointed by the Dean of Students. Class "A" or "B" Violations may be heard by a panel of one or two faculty member(s), one staff member, one or two student(s), and one member of the Student Staff. Class "C" Violations will be heard by a minimum of two faculty members, one staff member, two students, and the Dean of Student Development . Student membership is voluntary, there are no term limits, but students must maintain at least a 3.0 GPA. The Office for Student will appoint students with the assistance of the Student Government Association. The Office for Student Development will recruit the three staff members. The Provost will appoint four faculty members consisting of one representative from each college. Any student who has been called before an Honor Board or Disciplinary Panel may challenge the impartiality of any member.
Duties of the Honor Board Duties
In addition to enforcing and promoting the Code of Conduct, the Honor Board should in conjunction with the Office of Student Development review periodically the Student Handbook and residence hall handbook and make recommendations to the administration for changes and improvements.
Burden of Proof
The burden of proof is upon the complainant or the University as accuser, and proof of a violation of University policy by the accused must be by a preponderance of the evidence. (This standard is not as stringent as proof beyond a reasonable doubt, which is required for criminal convictions.)
Formal rules of evidence shall not be applicable during the hearing. The presiding officer shall admit all matters into evidence, including hearsay, if relevant, which reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.
Affidavits may be admitted into evidence at the discretion of the presiding officer if there is good cause as to why the witness cannot appear in person. Generally, no affidavit shall be admitted into evidence unless it is signed by the affiant, and states the reason why the affiant cannot appear in person to testify. Honor board members may take judicial notice of matters which would be within the general experience of university students at Spalding University. A finding of a ďviolationĒ requires a majority vote of the honor board.
The Dean of Students votes only in the case of a tie. Records of prior disciplinary action(s), prior concerns, student/faculty complaints/concerns that were not determined actionable shall not be relevant to the determination of a violation of University policy, but shall be provided to the honor board, disciplinary panel, or administrator only after a determination of a violation for the deliberations as to sanctions.
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