Other than expulsion, or revocation or withholding of a degree, disciplinary sanctions will not be made part of the student’s permanent academic or educational record but will become part of the student’s discipline record.  Matters involving the imposition of sanctions other than residence hall expulsion, suspension, expulsion or revocation or withholding of a degree shall be expunged from the Student’s University record seven (7) years after the final disposition of the matter.  In situations involving both an Accused Student(s) (or a Student Organization) and a Student claiming to be the victim of another Student’s conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the Accused Student(s) and the Student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.

Saint Louis University recognizes that Students, parents, and the University are in a partnership in which each has the responsibility to promote a healthy and productive educational experience.  Violations of alcohol and drug policies and laws detract from the learning environment.  Parents are encouraged to assist Students in fulfilling their educational goals through the use of open dialogue. 

In certain circumstances and in compliance with the Family Educational Rights and Privacy Act (FERPA) and other state and federal laws, the University may notify the parent(s) or guardian(s) of Students under the age of 21 when those Students have participated in violations of alcohol and drug related policies and/or laws.  FERPA allows colleges and universities to communicate with parents on any educational or disciplinary topic if the Student is claimed as a dependent on the parents’ income tax return and in certain health and safety related situations.

It is essential and expected that Students assume responsibility for their conduct and that of their guests.  When Students infringe on the rights of others, the University may intervene.  Student conduct proceedings initiated pursuant to the Code of Non-Academic Student Conduct and Responsibility (the “Code”) or other University policies are integral to the educational mission of the University.  In order to maintain and preserve the educational nature of University actions taken under the Code of Conduct,  proceedings are not intended to imitate or serve as a substitute for civil or criminal proceedings, nor are formal rules of evidence utilized in such cases applicable to proceedings of the University under the Code of Conduct.

Students are expected to inform their guests of the policies, procedures and expectations of the University and may be held responsible for the actions of their guests.  Students are expected to take reasonable steps to ensure that their guests do not infringe on the rights of others or violate University policies.  Students may not invite onto campus or to attend any University related function, as a guest or otherwise, any person whom they know or should have known is restricted from attending University activities or entering onto University premises.

The term “University” refers to Saint Louis University and all of its affiliated schools, divisions, departments and related entities, campuses and controlled properties.

A Student may be required to have a mental health evaluation completed by a University approved, licensed mental health professional, at the Student’s expense, if the Student Conduct Officer or other University administrator facilitating the Accusation or other Student behavior believes that:

a.                   the Student may lack the ability or capacity to understand and/or respond to the Accusation;

b.                  the Student may not have known or understood the nature of the alleged Accusation; or

c.                   the Student provides information or exhibits behavior indicating s/he may have a mental health issue that may have a significant impact on the Student’s behavior, personal well being or continued participation as a member of the University community.  A Student who fails to complete this evaluation may be subject to immediate interim suspension.

a.         Accusations involving potential mental health issues may be referred by the Student Conduct Officer to the BCC. The BCC may convene to consider what, if any, responsibility the Accused Student has relative to the alleged Code violation and what, if any, action should be taken to ensure the best interests of the Student and the University community are being met.
i.          The Student shall be given at least 48 hours notice to appear at the BCC hearing.
ii.                   The Student may be assisted by one person only such as a family member, an advisor, a licensed psychologist, a psychiatrist or other licensed mental health professional. 
iii.                  Legal counsel is not permitted to be present as an advisor unless criminal charges are concurrently pending.  At no time will legal counsel, if permitted to attend, be allowed to speak or otherwise participate in the hearing.
iv.                 The Student may submit information relative to the Accusation being considered.
v.                   A Student will be allowed to speak on his/her own behalf whenever possible.

b.         The BCC shall have the capability of determining responsibility and issuing sanctions just as any Conduct Body referred to in this Code.

c.                   The BCC shall also determine whether or not resolution of the matter at the present time best serves the Student and/or the University community.  Consideration of these behaviors may be delayed due to the Student’s voluntary or involuntary withdrawal, hospitalization, or in-patient treatment program or other relevant circumstances. 

It is impossible to list every category or specific example of conduct serious enough to warrant an official review. Therefore, the University reserves the right to initiate action and seek appropriate sanctions for conduct which is not specifically identified in this Code or other University policies, rules and regulations whenever in the judgment of the Vice President for Student Development or his or her designee, it is determined to be in the best interest of the University.  This may include conduct that occurs away from the University’s premises and regardless of whether it is enumerated in the Code.  Not all Accusations will be heard by the conduct body that the student’s prefers. The Student Conduct Officer or the Vice President shall have discretion over case assignments.
This Code shall apply to conduct that occurs on University Premises, at University sponsored events and to off-campus conduct and activity that may adversely affect the University community or the pursuit of the University’s objectives.  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 the conduct is not discovered until after a degree is awarded).  This Code shall apply to a Student’s conduct even if the Student withdraws from the University while a disciplinary matter is pending.  The Vice President for Student Development has the right to amend or modify the procedural requirements of this Code as deemed warranted and appropriate in his/her sole discretion.

While the Student Conduct Officer or the Vice President for Student Development have ultimate discretion in determining whether or not off-campus incidents will be addressed under this Code,  some factors that are considered in determining whether or not an off-campus incident will be addressed under this Code include but are not limited to:

2.4.1    The extent to which the behavior significantly impairs, obstructs, or interferes with the mission, processes or functions of the University.

2.4.2    The significance of the effect of the behavior upon other members of the University.

2.4.3    The manner in which the behavior tends to inhibit or impede the development of the University Student(s).

2.4.4    The potential positive impact that a resolution of the matter under the Code would have on the University community and the Student.     

Any Student found to have committed or to have attempted to commit the following misconduct may be subject to remedial sanctions.
 

Acts of dishonesty, including but not limited to the following:

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.  Disorderly Conduct includes but is not limited to any unauthorized use of electronic or other devices to make an audio or video record of any person without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress.  This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.

Theft, unlawful use of or other abuse of computer facilities, files, software and resources, including but not limited to:

a.                   Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.

b.                  Unauthorized transfer of a file.

c.                   Use of another individual’s identification and/or password.

d.                  Use of computing facilities and resources to interfere with the work of another student, faculty member or University Official.

e.                   Use of computing facilities and resources to send obscene or abusive messages.

f.                    Use of computing facilities and resources to interfere with normal operation of the University computing system.

g.                   Use of computing facilities and resources in violation of copyright laws.

h.                   Any violation of the University’s computer Appropriate Use Policy.

Abuse of the Student Conduct System, including but not limited to:

a.         Failure to obey a notice or request from a Student Conduct Body, Student Conduct Officer or University official to appear for a meeting or hearing as part of the Student Conduct System.

b.                  Falsification, distortion, or misrepresentation of information before a Student Conduct Body.

c.                   Disruption or interference with the orderly conduct of a Student Conduct Body proceeding.

d.                  Institution of a Code proceeding or Accusation in bad faith.

e.                   Attempting to discourage an individual’s proper participation in, or use of, the Student Conduct System.

f.                    Attempting to influence the impartiality of a member of a Student Conduct Board prior to and/or during the course of the Student Conduct Board proceeding.

g.                   Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Body prior to, during and/or after a student conduct code proceeding.

h.                   Failure to comply with the sanction(s) imposed under this Code.

i.                     Influencing or attempting to influence another person to commit an abuse of the Student Conduct System.

All undergraduate, graduate and professional program Students at the University are members of both a particular school or college, as well as general Members of the University Community.  Because social conduct, professional conduct and discipline in certain professional groups may be closely related to professional suitability, the dean of a particular school or other similarly situated person shall have and may assume full authority and responsibility to handle such cases as a related academic matter.  Standards of professional conduct and policies and procedures for handling such matters observed by the individual academic units may take precedence over the policies set forth in this Code at the discretion of the Vice President for Student Development.  A Student may be accused of and sanctioned for violating this Code and for violating academic unit policies arising under the same facts, circumstances and actions.

Any Member of the University Community may file an Accusation against any

If an Accusation is not disposed of through a mediation process or an admittance of wrong doing by the Accused Student as set forth above, the following procedures will be followed:

a.         At the sole discretion of the Student Conduct Officer, Students who are alleged to be involved in two or more incidents of misconduct within a 72 hour period may have all of the Accusations combined and presented to the Conduct Body at the same time.

b.          Absent special circumstances, a hearing will typically be scheduled not less than five (5) or more than fifteen (15) calendar days after the Accused Student has received written notice of the Accusation.  The maximum time limit for scheduling a hearing may be extended at the discretion of the Student Conduct Officer.

c.          When a hearing is scheduled, the Accused Party will be notified in writing of the Accusation.  Hearing notices will generally be sent to the involved parties via University e-mail or campus mail.  If the Accused Student refuses to accept the written notice, hearing notice will be deemed received at the time of attempted delivery, deposited into US Mail, deposited into the campus mailbox or if sent by e-mail, on the date and time the e-mail notice was sent.

Hearings shall be conducted in accordance with the following procedures:

a.         Absent extenuating circumstances as deemed appropriate by the Vice President for Student Development, hearings will be conducted in a relatively private setting, in compliance with the Family Educational Rights and Privacy Act, and involving only those persons involved in the alleged incident and those reasonably necessary for the Conduct Body to determine whether or not an Accused Student has violated University policy.

b.         The Accused Student and the Complaining Party may be accompanied by a personal adviser.  Each party is responsible for presenting his/her own information and therefore, advisers are not permitted to speak or to directly participate in the hearing.  Legal counsel (including without limitation, law students, law school graduates not licensed to practice law and licensed attorneys) is not permitted at a hearing, even as a personal adviser, except when criminal charges are concurrently pending against the Accused Student, arising out of the same conduct that is the subject of the hearing.  In such cases, the Accused Student and the Complaining Party are permitted, but not required, to have legal counsel present as an adviser.  In such instances, legal counsel may only personally advise the client and may not participate in any manner in the hearing.  All advisers are subject to final approval of the Student Conduct Officer.  The Student Conduct Officer may, in his/her sole discretion, prohibit an adviser at any time prior to or during the hearing process and in such instance, the Accused Student will be given a reasonable amount of time to identify a replacement adviser if desired.

c.         A list of possible witnesses, advisers, pertinent records, exhibits and written statements, including, without limitation, a Student Impact Statement, may be accepted for consideration by a Conduct Body, provided they are submitted to the Student Conduct Officer or designated Hearing Officer at least 48 hours before the hearing.  In certain circumstances, individual names or personally identifiable information may be redacted in order to comply with federal privacy laws.

i.          If additional witnesses or documents are identified that were not available prior to this forty-eight (48) hour period, the hearing may be postponed for an additional forty-eight (48) hours upon request of any participating party and upon the final approval of the Student Conduct Officer in his/her sole discretion. 

ii.          The Conduct Body, Accused Student or Charging Party may arrange for witnesses to present relevant information at the hearing.  Witnesses will be required to provide relevant information and answer questions from the Conduct Body.

iii.         To preserve the educational tone of the hearing, the Accused Student and/or Complaining Party may suggest questions to be answered by the witnesses and each other. Any questions shall be suggested to the Conduct Body chairperson or hearing officer, as the case may be, rather than to the witnesses or other parties directly.  The appropriateness and relevancy of all such questions are subject to the approval of the Conduct Body chairperson or hearing officer in his/her sole discretion.

iv.         The Complaining and/or Accused Student may request to have Student witnesses be required to be in attendance at the hearing.  The request shall specify the witness’ name and the information expected from the Student.  The Student Conduct Officer will determine in his/her sole discretion whether the expected information would be appropriate and relevant and will approve or deny the request.  If approved, the Student Conduct Officer will take appropriate steps to attempt to secure the attendance and participation of the student witness.

d.         The Conduct Body chairperson or individual hearing officer, generally, is the presiding University official responsible for overseeing the hearing and for taking all steps necessary and appropriate to conduct the hearing.  All procedural questions during the hearing are subject to the final decision of the presiding University official.

e.         In any hearing or other related meeting, the Accused Student may remain

silent, and such silence will not be used against him/her in determining whether or not a violation of University policy has occurred. If an Accused Student chooses not to participate in the hearing process, the final decision as to whether or not the Accused Student violated University policy will be based on the information presented in the hearing.  

f.          After the hearing, the Conduct Body will determine (by a majority vote if the Conduct Body consists of more than one person) whether the Accused Student has violated University policy based on the information presented in the hearing.  In its determination, the Conduct Body will utilize a standard of whether it was more likely than not that the Accused Student violated University policy.

The following sanctions may be imposed singly or in combination upon a Student or Student Organization found to have violated this Code or any other University policy.  Other sanctions not listed may be imposed upon recommendation by the Conduct Body or hearing officer.

·        Loss of eligibility for apartment living;

·        Loss of ability to represent the University in any public performance or event;

·        Loss of ability to hold office in any student organization;

·        Loss of ability to participate in Intramurals or Club sports;

·        Loss of ability to participate in leadership or student organizations.