Student Conduct at Woodbury University

Core Values of Student Conduct at Woodbury University

Integrity: Woodbury University students exemplify honesty, honor, and a respect for the truth in all of their dealings.
Community: Woodbury University students build and enhance their community.
Social Justice: Woodbury University students are just and equitable in their treatment of all members of the community and act to discourage and/or intervene to prevent unjust and inequitable behaviors.
Respect: Woodbury University students show positive regard for each other, for property, and for the community.
Responsibility: Woodbury University students are given and accept a high level of responsibility to self, to others, and to the community.

Woodbury University students are responsible for knowing the information, policies and procedures outlined in this document. The University reserves the right to make changes to this code as necessary, and once those changes are posted online, they are in effect. Students are encouraged to check online for the updated versions of all policies and procedures. Email is the University’s primary means of communication with students. Students are responsible for all communication delivered to their University email address.

SECTION 1: Philosophy Statement

The Woodbury University community is committed to fostering a campus environment that is conducive to academic inquiry, a productive campus life and thoughtful study and discourse. The student conduct program within the Office of Student Conduct is committed to an educational and developmental process that balances the interests of individual students with the interests of the University community.

A community exists based on shared values and principles. At Woodbury University, student members of the community are expected to uphold and abide by certain standards of conduct that form the basis of the Student Code of Conduct. These standards are embodied within a set of core values that include integrity, social justice, respect, community, and responsibility.

Each member of the University community bears responsibility for their conduct and to assume reasonable responsibility for the behavior of others. When members of the community fail to exemplify these five values by engaging in violation of the rules below, campus conduct proceedings are used to assert and uphold the Student Code of Conduct.

The student conduct process at the University is not intended to punish students; rather, it exists to protect the interests of the community and to challenge those whose behavior is not in accordance with our policies. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their behavior into accord with our community expectations. When a student is unable to conform their behavior to community expectations, the student conduct process may determine that the student should no longer share in the privilege of participating in this community.

Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct procedures are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Due process, as defined within these procedures, assures written notice and a hearing before an objective decision- maker. No student will be found in violation of University policy without information showing that it is more likely than not that a policy violation occurred and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.

SECTION 2: Jurisdiction

Woodbury University students are provided a copy of the Student Code of Conduct annually in the form of a link on the University portal. Hard copies are available upon request from the Office of Student Conduct. Students are responsible for having read and abiding by the provisions of the Student Code of Conduct.

The Student Code of Conduct and the student conduct process apply to the conduct of individual students, both undergraduate and graduate, including all University affiliated student organizations. For the purposes of student conduct, the University considers an individual to be a student when an offer of admission has been extended and thereafter as long as the student has a continuing educational interest in the University.

The University retains conduct jurisdiction over students who choose to take a leave of absence, withdraw, or have graduated for any misconduct that occurred prior to the leave, withdrawal, or graduation. If sanctioned, a hold may be placed on the student’s ability to re-enroll and/or graduate and all sanctions must be satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, the University may invoke these procedures and, should the former student be found responsible, the University may revoke that student’s degree.

The Student Code of Conduct applies to behaviors that take place on campus, at University sponsored events, and may also apply off-campus when the Associate Dean of Students or designee determines that the off-campus conduct affects a substantial University interest. A substantial University interest is defined to include:

Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of themselves or others.
Any situation that significantly impinges upon the rights, property, or achievements of self or others or significantly breaches the peace and/ or causes social disorder.
Any situation that is detrimental to the educational mission and/or interests of the University.

The Student Code of Conduct may be applied to behavior conducted online, via email, or other electronic medium. Students should also be aware that online postings, such as blogs, web postings, chats, and social networking sites, are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online.

The University does not regularly search for this information but may take action if and when such information is brought to the attention of University officials. However, most online speech by students not involving University networks or technology will be protected as free expression and not subject to this Code, with two notable exceptions:

A true threat, defined as “a threat a reasonable person would interpret as a serious expression of intent to inflict bodily harm upon specific individuals.”
Speech posted online about the University or its community members that causes a significant on-campus disruption.

The Student Code of Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of the University may seek resolution for violations of the Student Code of Conduct committed against them by members of the University community.

There is no time limit on reporting violations of the Student Code of Conduct; however, the longer someone waits to report an offense, the harder it becomes for University officials to obtain information and witness statements and to make determinations regarding alleged violations.

A responding student facing an alleged violation of the Student Code of Conduct is not permitted to withdraw from the University until all allegations are resolved.

SECTION 3: Violations of The Law

Alleged violations of federal, state, and local laws may be investigated and addressed under the Student Code of Conduct. When an offense occurs over which the University has jurisdiction, the University conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident.

The University reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint (additional grounds for interim suspension are outlined below). Interim suspensions are imposed until a hearing can be held, typically within two weeks. This hearing may resolve the allegation, or may be held to determine if the interim suspension should be continued. The interim suspension may be continued if a danger to the community is posed and the University may be delayed or prevented from conducting its own investigation and resolving the allegation by the pendency of the criminal process. In such cases, the University will only delay its hearing until such time as it can conduct an internal investigation or obtain sufficient information independently or from law enforcement upon which to proceed. This delay will be no longer than two weeks from notice of the incident unless a longer delay is requested in writing by the complaining victim to allow the criminal investigation to proceed before the University process.

Students accused of crimes may request to take a leave from the University until the criminal charges are resolved. In such situations, the University procedure for voluntary leaves of absence is subject to the following conditions:

The responding student must comply with all campus investigative efforts that will not prejudice their defense in the criminal trial.
The responding student must comply with all interim actions and/or restrictions imposed during the leave of absence.
The responding student must agree that, in order to be reinstated to active student status, they must first be subject to and fully cooperate with the campus conduct process and must comply with all sanctions that are imposed.

SECTION 4: Polices, Core Values, and Behavioral Expectations

The University considers the behavior described in the following sub sections as inappropriate for the University community and in opposition to the core values set forth in this document. These expectations and rules apply to all students, whether undergraduate or graduate. The University encourages community members to report to University officials all incidents that involve the following actions. Any student found to have committed or to have attempted to commit the following misconduct is subject to the sanctions outlined in Section 7: Conduct Procedures.

INTEGRITY: Woodbury University students exemplify honesty, honor, and a respect for the truth in all of their dealings.

Behavior that violates this value includes, but is not limited to:

Falsification. Knowingly furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments;
Academic Dishonesty. Acts of academic dishonesty as outlined in the Code of Academic Integrity;
Unauthorized Access. Unauthorized access to any University building (i.e., keys, cards, etc.) or unauthorized possession, duplication, or use of means of access to any University building or failing to timely report a lost University identification card or key;
Collusion. Action or inaction with another or others to violate the Student Code of Conduct;
Trust. Violations of positions of trust within the community;
Election Tampering. Tampering with the election of any University-recognized student organization;
Taking of Property. Intentional and unauthorized taking of University property or the personal property of another, including goods, services, and other valuables;
Stolen Property. Knowingly taking or maintaining possession of stolen property;

COMMUNITY: Woodbury University students build and enhance their community.

Behavior that violates this value includes, but is not limited to:

Disruptive Behavior. Substantial disruption of University operations, including obstruction of teaching, research, administration, other University activities, and/or other authorized non-University activities that occur on campus;
Unauthorized Entry. Misuse of access privileges to University premises or unauthorized entry to or use of buildings, including trespassing, propping, or unauthorized use of alarmed doors for entry into or exit from a University building;
Trademark. Unauthorized use (including misuse) of University or organizational names and images;
Damage and Destruction. Intentional, reckless, and/or unauthorized damage to or destruction of University property or the personal property of another;
IT and Acceptable Use. Violating the University Acceptable Use and Computing Policy.
Weapons. Possession, use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, or knives with a blade of longer than 2 ½ inches (without a valid educational purpose), including the storage of any item that falls within the category of a weapon in a vehicle parked on University property;
Smoking. Smoking is prohibited on campus, including but not limited to: any building owned, leased, or rented by the University, whether on or off campus, campus grounds, at events on or off campus that are Woodbury affiliated. The smoking policy is inclusive of e-cigarette, vapes, or other smoking devices. Sale of smoking materials is prohibited on any University properties.
Fire Safety. Violation of local, state, federal, or campus fire policies including, but not limited to: Intentionally or recklessly causing a fire which damages University or personal property, or that causes injury; failure to evacuate a University- controlled building during a fire alarm; improper use of University fire safety equipment; or tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University property. Such action may result in a local fine in addition to University sanctions;
Animals. Animals, with the exception of animals that provide assistance (i.e., seeing-eye dogs), and pets as outlined in the Residence Life Handbook, are not permitted on campus except as permitted by law.
Wheeled Devices. Skateboards, roller blades, roller skates, bicycles, and similar wheeled devices are not permitted inside University buildings, or residence halls. Additionally, skateboards and other wheeled items may not be ridden on railings, curbs, benches, or any such fixtures that may be damaged by these activities, and individuals may be liable for damage to University property caused by these activities.

SOCIAL JUSTICE: Students recognize that respecting the dignity of every person is essential for creating and sustaining a flourishing university community. They understand and appreciate how their decisions and actions impact others and are just and equitable in their treatment of all members of the community. They act to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others.

Conduct that violates this value includes, but is not limited to:

Discrimination. Any act or failure to act that is based upon an individual or group’s actual or perceived status (sex, gender, race, color, age, creed, national or ethnic origin, physical or mental ability, veteran status, pregnancy status, religion, or sexual orientation, or other protected status) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the University’s educational program or activities.
Harassment. Any unwelcome conduct based on actual or perceived status including: sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation, or other protected status. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the impacted party and community.
Hostile Environment. Sanctions can and will be imposed for the creation of a hostile environment only when harassment is sufficiently severe, pervasive (or persistent), and objectively offensive that it unreasonably interferes with, limits, or denies the ability to participate in or benefit from the University’s educational or employment program or activities.
Retaliatory Discrimination or Harassment. Any intentional, adverse action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant [or supporter of a participant] in a civil rights grievance proceeding or other protected activity under this Code.
Bystanding.
1. Complicity with or failure of any student to appropriately address known or obvious violations of the Student Code of Conduct or law;
2. Complicity with or failure of any organized group to appropriately address known or obvious violations of the Student Code of Conduct or law by its members.
Abuse of Conduct Process. Abuse or interference with or failure to comply in University processes including conduct and academic integrity hearings including, but not limited to:
1. Falsification, distortion, or misrepresentation of information
2. Failure to provide, destroying, or concealing information during an investigation of an alleged policy violation
3. Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system
4. Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or following a campus conduct proceeding
5. Failure to comply with the sanction(s) imposed by the campus conduct system
6. Influencing or attempting to influence another person to commit an abuse of the campus conduct system

RESPECT: Woodbury University students show positive regard for each other and for the community.

Behavior that violates this value includes, but is not limited to:

Harm to Persons. Intentionally or recklessly causing physical harm or endangering the health or safety of any person.
Threatening Behaviors:
1. Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
2. Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.
Bullying and Cyberbullying. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally and are not protected by freedom of expression.
Hazing. Defined as an act that endangers the mental or physical health or safety of a student, or that 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. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent (and/or), failing to discourage (and/or), failing to report those acts may also violate this policy;
Sexual Misconduct. Includes, but is not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/ or sexual exploitation (See Sexual Misconduct Policy for further information);
Public Exposure. Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.

RESPONSIBILITY: Woodbury University students are given and accept a high level of responsibility to self, to others, and to the community.

Behavior that violates this value includes, but is not limited to:

Alcohol. Use, possession, or distribution of alcoholic beverages or paraphernalia except as expressly permitted by law and the University’s Alcohol Policy;
Drugs & Controlled Substances:
1. Possession, cultivation, usage, sale, purchase, transportation, importation, distribution, or manufacturing of illegal drugs and other controlled substances on University property or University- sponsored programs/events are prohibited.
2. Use and possession of marijuana on University property or University-sponsored programs/ events, regardless of medical permit/doctor’s note, is prohibited.
3. Possession, usage, or distribution of paraphernalia related to illegal drugs and/or other controlled substances are prohibited.
4. Abuse, misuse, sale, and/or distribution of prescription medication, over-the-counter medications, cleaning products & other chemicals/fumes for other than their intended/ prescribed uses are prohibited.
5. Violation of other University policies while under the influence of drugs or controlled substances is prohibited.
6. Inability to exercise care for one’s own safety and/ or the safety of others while under the influence of drugs or controlled substances is prohibited.
Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications;
Failure to Comply. Failure to comply with the reasonable directives of University officials or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so;
Financial Responsibilities. Failure to promptly meet financial responsibilities to the institution, including, but not limited to; knowingly passing a worthless check or money order in payment to the institution or to an official of the institution acting in an official capacity.
Arrest. Failure of any student to accurately report any off-campus arrest by any law enforcement agency for any crime (including non-custodial or field arrests) to the Office of Student Conduct within 72 hours of release.
Other Policies. Violating other published University policies or rules, including all residence hall policies;
Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.).
Violations of Law. Evidence of violation of local, state, or federal laws when substantiated through the University’s conduct process.

SECTION 5: Overview of The Conduct Process

This overview gives a general idea of how the University’s campus conduct proceedings work, but it should be noted that not all situations are of the same severity or complexity. Thus, these procedures are flexible and are not exactly the same in every situation, though consistency in similar situations is a priority. The campus conduct process and all applicable timelines commence with notice to an administrator of a potential violation of University rules. The Office of Student Conduct may record hearings, inquiries, and/or conferences as deemed appropriate by the hearing officer. Students will be given notice before any recordings commence. Deliberations will not be recorded. The record will be the property of the University and maintained according to the University’s record retention policy.

PROCEDURES

The below procedures provide a general overview of student conduct proceedings; however, these procedures are flexible based on the severity of the situation.

Any member of the University community may file a report against a student or student organization for violations of the Student Code of Conduct. All allegations should be in writing. The student conduct officer may act on notice of a potential violation whether a formal report is made.

Students should be aware the criminal (police) and student conduct (University) processes are separate but may occur concurrently.

INFORMAL RESOLUTION

Step 1. Investigation

Upon receipt of the incident report, a student conduct officer will begin an investigation that will include interviews of the respondent, the complainant, and/or others as necessary. Additionally, all documentation and physical evidence will be obtained and reviewed. Upon completion of the investigation, the following may occur:

The student conduct officer determines there is insufficient information, and the case is closed.
The student conduct officer determines there is sufficient information and proceeds with scheduling a conduct conference (step 2).

Step 2. Notification

The respondent will receive a formal complaint of a violation through written notice. The notice will be delivered by one or more of the following methods: emailed to the student’s University-issued account and/or mailed to the permanent address according to the University’s record. The letter of notice will include:

The reported violation(s) citing the Code of Student Conduct.
The date, time, and location of the conference.

Step 3. Conference

During the conference, the student conduct officer will present the findings to the respondent. As a result, the following may occur:

The respondent is found not responsible and the case is closed.
The respondent accepts responsibility and/or the findings for the violation and the student conduct officer imposes sanctions.
The respondent denies responsibility and/or rejects the findings for the violation, but has the right to appeal the decision and sanctions imposed by the student conduct officer.
The respondent denies responsibility for the violation and/or rejects the findings and the misconduct could result in expulsion, suspension, and/or removal from housing. The student conduct officer may then refer the case to the Student Conduct Board for formal resolution through an administrative hearing.

A respondent placed on interim suspension may request to have their case heard by the conduct officer through a conduct conference or referred to the University Committee on Student Behavior.

The student conduct officer, at their discretion, may refer a case to the University Committee on Student Behavior for resolution.

If the respondent fails to attend the conduct conference, the student conduct officer may render a decision based on the evidence available. The respondent will then forfeit their right to appeal the decision and/or sanction(s) imposed by the student conduct officer.

FORMAL RESOLUTION

The University has established appropriate student conduct panels to provide hearings concerning reported violations of the Student Code of Conduct that could result in expulsion, suspension, and/or removal from housing.

Notification

A notice will be made in writing and delivered by one or more of the following methods: emailed to the student’s University-issued email account; mailed to the permanent address according to the University’s record. The letter of notice will include:

The reported violation(s) citing the Code of Student Conduct.
The date, time, and location of the hearing.

Hearing

The student conduct officer will schedule a hearing with the student conduct panel no more than 10 business dates after the conduct conference. This may be extended when reasonably necessary. If the respondent wishes to request a delay, they must notify the student conduct staff within two (2) business days of the scheduled hearing.

The student conduct panel for each hearing will be composed of three members from the University to include employees and students. Each student conduct panel must include at least one student. All members of the student conduct panel will be selected from the student conduct board and participate in mandatory training covering all aspects of the conduct process. Students serving must be in good academic standing with no serious conduct violations at the University.

The chief conduct officer or designee will serve as a non-voting chair for each hearing panel. The chair of the panel will conduct hearings according to the following guidelines:

Hearings are closed to the public.
Hearings are tape-recorded; however, deliberations of the hearing panel will remain private.
Regarding incidents involving more than one respondent, the panel will jointly conduct a hearing. Separate findings will be made for each respondent. At the discretion of the student conduct officer, individual hearings may be permitted or as required by law.
The complainant, respondent, and advisors will be allowed to attend the entire portion of the hearing except for the deliberation and findings. Only in cases involving violence or sexual misconduct, as it relates to Title IX, will the complainant be advised of the outcome.

All parties must submit questions to the conduct officer in writing at least two business days before the hearing. Witnesses will only attend the portion of the hearing in which they are presenting information.

Advisors are not permitted to speak or participate directly in any student conduct hearing unless permitted by the chair of the panel.
The panel may only rely on oral and written statements of witnesses and written reports/documents.
After the hearing, the panel will determine by majority vote, using a preponderance of the evidence (whether it is more likely than not) the respondent violated the Code of Student Conduct and recommend sanctions.
A written decision will be sent to the respondent within two (2) business days after the conclusion of the hearing.

If the respondent fails to attend the hearing, the University Committee on Student Behavior may render a decision based on the evidence available. The respondent will then forfeit their right to appeal the decision and/or sanction(s) imposed by the Committee.

There are certain times of the year and possible extenuating circumstances that may remove the option of the student conduct panel. During this time, a student conduct officer will adjudicate cases. The option of a student conduct panel may be removed on the following occasions:

When the committee is participating in training.
When the University is not in session.
During the final two weeks of the fall or spring semester.
During summer sessions.

APPEALS

Appeals requests are limited to the following grounds:

The conduct process as outlined was not adhered to during the original hearing and the break in process was substantial enough to have possibly affected the outcome.
To consider new evidence unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.

The notice of appeal must contain, at a minimum, a statement of grounds for appeal and a summary statement of the facts supporting such grounds.

Upon receipt of the appeal, the Sr. VP of Academic Affairs will review and provide a written decision within five business days. The respondent may request a meeting with the VP to further discuss the appeal; however, the decision is made based on the written information submitted and is final.

DURING THE CONDUCT PROCESS

Responsibilities

All students are responsible for being knowledgeable about the information contained in the Student Code of Conduct. Hard copies are available upon request from the Office for Student Conduct located in the Whitten Student Center.

University email serves as the official communication with students. It is the responsibility of all students to maintain and monitor their University email regularly to stay abreast of student conduct proceedings.

Rights of the Accused (Respondent)

The right to confidentiality of educational records pursuant to Family Educational Rights and Privacy Act (FERPA) of 1974.
The right to be informed of the charges against them in writing.
The right to have a support person or advisor present during student conduct proceedings. This person may not actively participate in the hearing, but may give advice to the complainant.
The right to request, in advance, a copy of the incident report.
The right to call a reasonable number of witnesses. Names of the witnesses must be provided to the student conduct officer at least three business days prior to the hearing.
The right not to appear or to remain silent at the hearing. In the event the respondent does not appear at the hearing, after proper notification, the evidence in support of the violation will be presented, considered, and adjudicated.
The right to a fair and impartial hearing.

Rights of Victims (Complainant)

The right to have a support person or advisor present during student conduct proceedings. This person may not actively participate in the hearing, but may give advice to the complainant.
The right to be informed of the outcome in cases involving violence and sexual misconduct as it relates to Title IX.
The right to a fair and impartial hearing.

SECTION 6: Student Conduct Authority

Authority
The Sr. VP of Academic Affairs is vested with the authority over student conduct by the president. The Sr. VP of Academic Affairs appoints a director of Student Conduct to oversee and manage the student conduct process. The Sr. VP of Academic Affairs and director of Student Conduct may appoint administrative hearing and appeals officers as deemed necessary to supervise the student conduct process efficiently and effectively.
The director of Student Conduct or designee will assume responsibility for the investigation of an allegation of misconduct to determine if the complaint has merit.
Gatekeeping
No complaint will be forwarded for a hearing unless there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or a victim’s statement. A complaint wholly unsupported by any credible information will not be forwarded for a hearing.
Conflict Resolution Options
The director of Student Conduct has discretion to refer a complaint for mediation or other forms of appropriate conflict resolution. All parties must agree to conflict resolution and to be bound by the decision with no review/appeal. Any unsuccessful conflict resolution can be forwarded for formal processing and hearing; however, at no time will complaints of physical sexual misconduct or violence be mediated as the sole institutional response. The director of Student Conduct may also suggest that complaints that do not involve a violation of the Code of Student Conduct be referred for mediation or other appropriate conflict resolution.
Interpretation and Revision
The director of Student Conduct will develop procedural rules for the administration of hearings that are consistent with provisions of the Student Code of Conduct. Material deviation from these rules will, generally, only be made as necessary and will include reasonable advance notice to the parties involved, either by posting online and/or in the form of written communication. The director of Student Conduct may vary procedures with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Code. The director of Student Conduct may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. Any question of interpretation of the Student Code of Conduct will be referred to the Sr. VP of Academic Affairs, whose interpretation is final. The Student Code of Conduct will be updated annually under the direction of the director of Student Conduct with a comprehensive revision process being conducted every three years.

SECTION 7: Formal Conduct Procedures

University as Convener

The University is the convener of every action under this code. Within that action, there are several roles. The responding student is the person who is alleged to have violated the Code. The party bringing the complaint, who may be a student, employee, visitor, or guest, may choose to be present and participate in the process as fully as the responding student. There are witnesses who may offer information regarding the allegation. There is an investigator(s) whose role is to present the allegations and share the evidence that the University has obtained regarding the allegations.

Group Violations

A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this code by the organization or its member(s):

Take place at organization-sponsored or co- sponsored events, whether sponsorship is formal or tacit.
Have received the consent or encouragement of the organization or of the organization’s leaders or officers.
Were known or should have been known to the membership or its officers.

Hearings for student groups or organizations follow the same general student conduct procedures. In any such action, individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization.

Amnesty

For Victims: The University provides amnesty to victims who may be hesitant to report to University officials because they fear that they themselves may be accused of minor policy violations at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result.
For Those Who Offer Assistance: To encourage students to offer help and assistance to others, Woodbury University pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the director of Student Conduct, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.
For Those Who Report Serious Violations: Students who are engaged in minor violations, but who choose to bring related serious violations by others to the attention of the University are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result.
Safe Harbor: The University has a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any University student brings their own use, addiction, or dependency to the attention of University officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.

Amnesty requests are at the sole discretion of the director of Student Conduct and may be revoked if in the course of a connected investigation information becomes available that the requesting student made the request in bad faith. The Amnesty Policy does not prevent action by police or other law enforcement personnel acting independently of the University.

Notice of Alleged Violation

Any member of the Woodbury University community, visitor, or guest may allege a policy violation(s) by any student for misconduct under this Code.

Notice may be given to the director of Student Conduct or designee and/or to the Title IX coordinator when appropriate. Additionally, administrators may act on notice of a potential violation whether a formal allegation is made or not. All allegations can be submitted by a victim or a third party and should be submitted as soon as possible after the offending event occurs. The University has the right to pursue an allegation or notice of misconduct on its own behalf and to serve as
convener of the subsequent campus conduct process.

The director of Student Conduct or designee will assume responsibility for the investigation of the alleged violation as described in the sub-section below.

Investigation

Investigation is referenced in both steps 1 and 2 above, with detailed investigation procedures described in this sub-section. The director of Student Conduct will appoint an investigator(s) for allegations under this Code. The investigator(s) will take the following steps, if not already completed by the director or designee:

Initiate any necessary remedial actions on behalf of the victim (if any).
Determine the identity and contact information of the party bringing the complaint, whether that person is the initiator of the complaint, the alleged victim, or a University proxy or representative.
Conduct an immediate preliminary investigation to identify an initial list of all policies that may have been violated, to review the history of the parties, the context of the incident(s), any potential patterns, and the nature of the complaint.
1. If the victim is reluctant to pursue the complaint, determine whether the complaint should still be pursued and whether sufficient independent evidence could support the complaint without the participation of the victim.
2. Notify the victim of whether the University intends to pursue the complaint regardless of their involvement, and inform the victim of their rights in the process and option to become involved if they so choose.
3. Preliminary investigation usually takes between 2-14 business days to complete.
If indicated by the preliminary investigation and authorized by the director of Student Conduct, conduct a comprehensive investigation to determine if there is reasonable cause to believe that the responding student violated University policy and to determine what specific policy violations should serve as the basis for the complaint;
1. If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action taken.
2. A comprehensive investigation usually takes between one day and two weeks.
Commence a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding student, who may be given notice of the interview prior to or at the time of the interview.
1. Prepare the notice of alleged policy violation(s) on the basis of the reasonable cause determination, which may be delivered prior to, during, or after the responding student is interviewed, at the discretion of the investigator(s).
Interview all relevant witnesses, summarize the information they are able to share and, when appropriate, have each witness sign the summary to verify its accuracy.
Obtain all documentary evidence and information that is available.
Obtain all physical evidence that is available.
Complete the investigation promptly by analyzing all available evidence without unreasonable deviation from the intended timeline.
Make a finding, based on a preponderance of the evidence, whether a policy violation is more likely than not.
Present the investigation report and findings to the responding student.
Share the findings and update the party bringing the complaint on the status of the investigation and the outcome.

Interim Action

Under the Student Code of Conduct, the director of Student Conduct or designee may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Student Code of Conduct when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve University property, and/or to prevent disruption of or interference with the normal operations of the University. Interim actions can include separation from the institution or restrictions on participation in the community for no more than 20 business days pending the scheduling of a campus hearing on alleged violation(s) of the Student Code of Conduct. In cases where the University is not in normal session, an extended process may be engaged in order to provide all interested parties with the opportunity to engage in the process. A student who receives an interim suspension may request a meeting with the director of Student Conduct or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of this meeting, the University may still proceed with the scheduling of a campus hearing.

During an interim suspension, a student may be denied access to University housing and/or the University campus/facilities/events. As determined appropriate by the director of Student Conduct, this restriction may include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the director of Student Conduct and with the approval of, and in collaboration with, the appropriate dean(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student.

Involuntary Withdrawal Policy

A student who exhibits behavior:

That indicates the student is unable to or unwilling to carry out substantial self-care obligations
Where current medical knowledge and/or best available objective evidence indicates that the student poses a significant risk to the health or safety of others
Where the student poses an actual risk to their own safety not based on mere speculation, stereotypes, or generalizations about individuals with disabilities
That poses a significant risk of damage to property
That is disruptive to the normal educational processes of the University (including activities in University owned housing)
That renders them incapable of achieving academic goals,

May be administratively withdrawn from the University. An involuntary withdrawal may be implemented by the associate dean of Students or designee in consultation with Academic Affairs, the Counseling Center, and/or Disability and Accessibility Services. In most cases, an involuntary withdrawal will be immediate and shall be for a reasonable length of time. Note that at any time prior to the implementation of an involuntary withdrawal, a student may choose to withdraw voluntarily. If a student wishes to appeal such a decision, they must submit an appeal in writing, within five business days, to the Sr. VP of Academic Affairs. The appeal decision will be made by the Sr. VP of Academic Affairs.

Decisions regarding involuntary withdrawal will be based on observations of student conduct, actions, and statements, not based on knowledge or belief that the student has a disability. Before placing any student with a disability on a mandatory withdrawal, Woodbury University will do an individualized assessment to determine if there are reasonable accommodations that would permit the student to continue to participate in Woodbury University’s campus community without being withdrawn. Decisions may be made in consultation with a non-Woodbury professional qualified to interpret the information and will include consideration of reasonable accommodations. When a student is involuntarily withdrawn from the University, the student shall be provided with the following in writing:

The reason(s) for this action
Information regarding the student’s eligibility for any tuition and/or fee refund
Information regarding any impact this action may have upon the student’s current grades and academic progress
Conditions that must be met prior to the student’s request for re-enrollment as well as the earliest date at which the student may re-enroll providing all conditions are met
Information regarding the student’s presence on campus or use of University services/facilities
Results of non-compliance with the treatment recommendations for the student’s academic future at Woodbury University (see below)

The written plan outlined above may be subject to amendment as determined by the associate dean of Students or designee.

A student who is involuntarily withdrawn from the University must reapply for admission to the University in order to resume their studies.

Although this policy is not intended to be punitive, invoking the policy does not imply that the student will be exempt from regular disciplinary action according to the policies governing the University community Student Code of Conduct as outlined in the Student Handbook.

Conduct Sanctions

One or more of following sanctions may be imposed upon any student for any single violation of the Code of Student Conduct:

Warning: An official written notice that the student has violated University policies and/or rules and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at the University.
Restitution: Compensation for damage caused to the University or any person’s property. This could also include situations such as failure to return a reserved space to proper condition—labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.
Fines: Reasonable fines may be imposed.
Community Service Requirements: For a student or organization to complete a specific supervised service.
Loss of Privileges: The student will be denied specified privileges for a designated period.
Confiscation of Prohibited Property: Items whose presence is in violation of University policy will be confiscated and will become the property of the University. Prohibited items may be returned to the owner at the discretion of the director of Student Conduct.
Behavioral Requirement: This includes required activities including, but not limited to, seeking academic counseling or substance abuse screening, writing a letter of apology, etc.
Educational Program: Requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible. Audience may be restricted.
Restriction of Visitation Privileges: May be imposed on a resident or non-resident student. The parameters of the restriction will be specified.
University Housing Probation: Official notice that, should further violations of Residence Life or University policies occur during a specified probationary period, the student may immediately be removed from University housing. Regular probationary meetings may also be imposed.
University Housing Reassignment: Reassignment to another University housing assignment. Residential Life personnel will decide on the reassignment details.
University Housing Suspension: Removal from University housing for a specified period after which the student is eligible to return. Conditions for readmission to University housing may be specified. Under this sanction, a student is required to vacate University housing within 24 hours of notification of the action, though this deadline may be extended upon application to and at the discretion of the director of Housing and Residence Life. This sanction may be enforced with a trespass action if deemed necessary. Prior to reapplication for University housing, the student must gain permission from the director of Housing and Residence Life or designee. This sanction may include restrictions on visitation to specified buildings or all University housing during the suspension.
University Housing Expulsion: The student’s privilege to live in or visit any University housing structure is revoked indefinitely. This sanction may be enforced with a trespass action if deemed necessary.
University Probation: The student is put on official notice that, should further violations of University policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.
Eligibility Restriction: The student is deemed “not in good standing” with the University for a specified period of time. Specific limitations or exceptions may be granted by the director of Student Conduct and terms of this conduct sanction may include, but are not limited to, the following:
1. Ineligibility to hold any office in any student organization recognized by the University or hold an elected or appointed office at the University.
2. Ineligibility to represent the University to anyone outside the University community in any way including participating in study abroad programs, attending conferences, or representing the University at an official function, event.
University Suspension: Separation from the University for a specified minimum period, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to and at the discretion of the director of Student Conduct. During the suspension period, the student is banned from University property, functions, events, and activities without prior written approval from the director of Student Conduct. This sanction may be enforced with a trespass action as necessary. This sanction will be noted as a conduct suspension on the student’s official academic transcript.
University Expulsion: Permanent separation from the University. The student is banned from University property and the student’s presence at any University-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary. This sanction will be noted as a conduct expulsion on the student’s official academic transcript.
Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the director of Student Conduct or designee.

The following sanctions may be imposed upon groups or organizations found to have violated the Student Code of Conduct:

One or more of the sanctions listed above.
Deactivation, derecognition, loss of all privileges (including status as a University registered group/ organization) for a specified period of time.

Parental Notification

The University reserves the right to notify the parents/ guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The University may also notify parents/ guardians of non-dependent students who are under the age of 21 of alcohol and/or other drug violations. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.

Notification of Outcomes

The outcome of a campus hearing is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or non-forcible sex offense, the University will inform the alleged victim/party bringing the complaint in writing of the final results of a hearing regardless of whether the University concludes that a violation was committed. Such release of information may only include the alleged student’s/responding student’s name, the violation committed, and the sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, only, the rationale for the outcome will also be shared with all parties to the complaint in addition to the finding and sanction(s).

In cases where the University determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or non- forcible sex offense, the University may also release the above information publicly and/or to any third party. FERPA defines “crimes of violence” to include:

Arson
Assault offenses (includes stalking)
Burglary
Criminal Homicide—manslaughter by negligence
Criminal Homicide—murder and
non-negligent manslaughter
Destruction/damage/vandalism of property
Kidnapping/abduction
Robbery
Forcible sex offenses
Non-forcible sex offenses

Failure to Complete Conduct Sanctions

All students, as members of the University community, are expected to comply with conduct sanctions within the timeframe specified in the hearing decision. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions and/ or suspension from the University. In such situations, resident students will be required to vacate University housing within 24 hours of notification by the director of Student Conduct, though this deadline may be extended upon application to and at the discretion of the director of Housing and Residence Life and/or the director of Student Conduct. A suspension will only be lifted when compliance with conduct sanctions is satisfactorily achieved. This determination will be made by the director of Student Conduct. In the case of an organization, being “withdrawn” is equated with loss of University recognition as a registered student organization. To re-enroll or regain recognition as an organization, a student/group must have satisfactorily completed all (including any additionally assigned) conduct sanctions. This determination will be made by the associate dean or designee.

Students who graduate with outstanding sanctions may be considered “not in good standing” with the University and restricted from returning to campus until the required conditions are met.

Appeal Review Procedures

Any party may request an appeal of the decision by filing a written request to the Sr. VP of Academic Affairs, subject to the procedures outlined below. All sanctions imposed by the original hearing body remain in effect, and all parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.

Grounds For Appeal Requests

Appeals requests are limited to the following grounds:

The conduct process as outlined was not adhered to during the original hearing and the break in process was substantial enough to have possibly affected the outcome.
To consider new evidence unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.

Appeals must be filed in writing with the Sr. VP of Academic Affairs within five business days of the notice of the outcome to the hearing, barring exigent circumstances. Any exceptions are made at the discretion of the Sr. VP of Academic Affairs and, when appropriate, the Title IX coordinator.

The Sr. VP of Academic Affairs will share the appeal by one party with the other party (parties) when appropriate under procedure or law (i.e., if the responding student appeals, the appeal is shared with the complainant, who may also wish to file a response, request an appeal on the same grounds or different grounds). The Sr. VP of Academic Affairs will refer the request(s) to the University’s designated appeals review officer, appointed by Sr. VP of Academic Affairs. The Appeal Officer will also draft a response memorandum to the appeal request(s), based on the officer’s determination that the request(s) will be granted or denied and why.

The appeals review officer will conduct an initial review to determine if the appeal request meets the limited grounds and is timely. They may consult with the director of Student Conduct and/or Title IX coordinator on any procedural or substantive questions that arise.

If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final. If the appeal has standing, the appeals review officer determines whether to refer the appeal to the University Committee on Student Behavior or to remand it to the original decision- maker(s), typically within three to five business days. Where the original decision-maker may be unduly biased by a procedural or substantive error, a new hearing officer(s) will be designated to reconsider the matter, which can in turn be appealed once. Full rehearings by the University Committee on Student Behavior are not permitted. Where new evidence is presented or the sanction is challenged, the appeals review officer will determine if the matter should be returned to the original decision-maker for reconsideration or if it should be reviewed by the University Committee on Student Behavior with instruction on the parameters regarding institutional consistency and any applicable legal guidelines. In review, the original finding and sanction are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party(ies) to show clear error. The University Committee on Student Behavior must limit its review to the challenges presented.

On reconsideration, the University Committee on Student Behavior or original decision-maker may affirm or change the findings and/or sanctions of the original hearing body according to the permissible grounds.

All decisions of the University Committee on Student Behavior are to be made within five days of submission to the Panel and are final, as are any decisions made by the original hearing body, director of Student Conduct or Title IX coordinator as the result of reconsideration consistent with instructions from the appeals review officer.

The University Committee On Student Behavior

Three-member University Committee on Student Behavior are drawn from the hearing panel pool with the following requirements to serve:

They did not serve on the Panel for the initial hearing.
They were not involved in the investigation in any way.
They have been properly trained in appeals procedures.

The appeals review officer will have final authority to approve all those serving on the panel. The parties may challenge a panelist(s) on the basis of potential bias, and any panelist who cannot render an impartial decision must recuse themselves. The appeals review officer will make the determination as to the validity of any challenge or need for recusal. In the event of a recusal from the panel, the appeals review officer will solicit a replacement from the pool of panelists.

The director of Student Conduct or designee serves as the non-voting advisor to the panel, with responsibility for training the panel, conducting preliminary investigations, and ensuring a fair process for the complainant and responding student.

The presumptive stance of the University is that all decisions made and sanctions imposed by the original decision-maker are to be implemented during the appellate process. At the discretion of the director of Student Conduct, and in consultation with the Title IX coordinator when necessary, implementation of sanctions may be stayed pending review only in extremely exigent circumstances. This does not include proximity to graduation, end of term, or exams. Instead, it refers to an overwhelming likelihood, as determined by the appeals review officer and director of Student Conduct, in consultation, that the appeal would result in a reversal of the finding and/or substantial modification of the sanctions.

Disciplinary Records

All conduct records are maintained by the University for seven years from the time of their creation except those that result in separation (suspension or expulsion, including from housing) and those that fall under Title IX, which are maintained indefinitely.