Office of Student Conduct

The following types of conduct are illustrative but not exhaustive of the kinds of behavior that subject a student to disciplinary action.

The dean of students has reviewed and approved the sanctions associated with disciplinary offenses.

Actions that violate regulations governing the use of alcoholic beverages.

• Minimum: Alcohol Intervention Program
• Maximum: Expulsion

Illegally possessing, using, distributing, manufacturing, selling, or being under the influence of other drugs, including possessing any type of paraphernalia.

• Minimum: Residential Suspension
• Maximum: Expulsion

Behavior which constitutes a threat to security (window entry or exit, failure to register a guest, removing screens from windows, etc.).

• Minimum: Community Service
• Maximum: Residential Suspension

Harassing, stalking, or hazing any person, including sexually harassing.

• Minimum: Disciplinary Probation
• Maximum: Expulsion

Engaging in disorderly, disruptive, lewd, or indecent conduct.

• Minimum: Community Service
• Maximum: Expulsion

Failure to comply with University quiet (study) hours.

• Minimum: Disciplinary Warning
• Maximum: Residential Probation

Making, using, or possessing any falsified University document and/or official record; altering or forging any University document and/or another official record, including identification, meal, or access cards.

• Minimum: Disciplinary Probation
• Maximum: Suspension

Physically harming or threatening to harm any person, intentionally or recklessly causing harm to any person or reasonable apprehension of such harm, or creating a condition that endangers the health and safety of self or others.

• Minimum: Disciplinary Probation
• Maximum: Expulsion

Providing misleading, false, or inaccurate information.

• Minimum: Disciplinary Warning
• Maximum: Suspension

Using, possessing, or storing weapons or fireworks.

• Minimum: Residential or Disciplinary Probation
• Maximum: Suspension

Sexual Misconduct.

• Minimum: Disciplinary warning
• Maximum: Expulsion

Smoking in a smoke-free residence area.

• Minimum: Community Service
• Maximum: Residential Probation

Taking of University property or the property of others without permission.

• Minimum: Restitution and/or Community Service
• Maximum: Residential Probation

Failing to comply with reasonable directives given by authorized persons (providing identification, reporting to an administrative office, completing previously assigned sanctions, etc.)

• Minimum: Community Service
• Maximum: Expulsion

Tampering with fire or other safety equipment or setting unauthorized fires.

• Minimum: Residential Probation, Community Service, and Restitution
• Maximum: Expulsion

Violating the visitation policy.

• Minimum: Community Service
• Maximum: Residential Eviction

Violating written University policy or regulations contained in any official publications or administrative announcements, including University computer policies.

• Minimum: Disciplinary Warning
• Maximum: Expulsion

Off-Campus-Violations

The University has the right to act if a student misbehaves off-campus. If found responsible, students are face the same consequence imposed for on-campus violations.

Administrative Directive for No Contact

An administrative directive is a written notification for a student to have NO direct and/or indirect contact, either physical or verbal with another student(s). This letter would go to all the students named in the directive. Indirect contact would include contact through friends, family, acquaintances, etc.

Failure to comply with an administrative directive will result in a charge of “Failure to Comply” and may result in immediate removal from campus and possible criminal charges.

The University reserves the right to issue an administrative directive in situations deemed appropriate by the vice president for student life or his/her designee.

Parental Notification

The Office of Student Life, the vice president for student life, or his/her designee at their discretion, may contact parents of dependent students.

The following types of conduct are illustrative but not exhaustive of the kinds of behavior that subject a student to disciplinary action.

Administrative Letter

A written letter of censure from the director of student conduct. The letter may include a sanction.

Disciplinary Warning

A warning to a student that conduct was questionable and/or inappropriate and that further misconduct will result in more severe disciplinary action.

Restitution

Repayment for theft or damage.

Fines

Monetary payments.

Community Service Hours

Work that is done throughout the University community in compensation for an offense.

Educational Workshops

Workshops designed to enhance the learning experience in relation to the policy that was violated, i.e. alcohol, ethics, etc.

Loss of Privileges

Denial of specific privileges for a specified period of time.

Residential Probation

An official warning given for serious misconduct or in cases of repeated misconduct. Future violations may result in loss of residential and visitation privileges.

Disciplinary Probation

This status is a step between good standing and suspension from the University. It usually lasts at least one semester and may affect financial aid for the following semester. It may also include such restrictions as a denial of the opportunity to represent the University as an athlete or officer of a student organization. Future violations may result in loss of the privilege of residing in or visiting resident facilities and/or suspension from the University.

Residential Suspension

Loss of the right to reside in or visit the University residence hall areas, including residence hall buildings and parking lots, for a stated period of time. Recorded permanently on personal file.

Residential Eviction

Permanent loss of the right to reside in or visit University residence hall areas, including residence hall buildings and parking lots. Recorded permanently on personal file.

Interim Suspension

If the vice president for student life or the dean of students believes a student’s actions pose a threat to campus safety, they can suspend a student from the University or from the residence hall until a hearing can be held.

Suspension

Separation of the student from the University for a stated period of time (minimum of one semester). The student will be barred from all University-owned property and will be barred from all University-sponsored activity. Recorded permanently on personal file.

Expulsion

Permanent separation of the student from the University. The student will be barred from all University-owned property and will be barred from all University-sponsored activity. Recorded permanently on personal file.

Other

A sanction deemed appropriate by the adjudicating official to enhance the learning experience in relation to the policy that was violated.

After gathering all the information, the Office of Student Conduct will contact the student to respond to the claims. The director of student conduct will then determine the seriousness of the incident and will decide if the case requires a formal hearing.

If the case requires a formal hearing, the student may elect one of the following options:

1. The case may be heard by the Judicial Affairs Committee.
2. The case may be heard by the vice president for student life. If the student requests the second option, under certain circumstances the vice president may decline to hear the case. In this situation, the Judicial Affairs Committee will conduct the hearing.

If the case does not require a formal hearing, it will be adjudicated by the Office of Student Conduct, which will then determine whether the student will be held responsible or not responsible for the alleged violation. 

The student has the right to appeal to the Judicial Appeals Committee or the dean of students. The appeal must be sent to the Office of Student Conduct within five class days of when the decision was rendered.

Judicial Affairs Committee

The Judicial Affairs Committee hears cases of students who are accused of serious offenses.

• The committee is made up of five members: two students selected by SGA, one administrator, and two faculty members chosen by the faculty and approved by the president.
• Members shall be selected with particular regard for their objectivity, judicial temperament, and maturity of judgment.
• Members may be disqualified from participation in cases in which they may have an interest or bias incompatible with objective judgment.
• There must be at least one administrator, one faculty member, and one student in order for the hearing to occur.
• In matters concerning civil rights and Title IX cases, the students will not be on the committee. In these cases, the Title IX judicial board will hear the case. The full policy is located at desales.edu/title-ix​.  
• The committee will elect its own chairperson who will be responsible for maintaining the minutes of the committee and record of proceedings in each case.
• Hearings will be conducted in accordance with established procedures and disposed of by formal written opinion.
• Committee decision will be transmitted to the director of student conduct, who will maintain the records of each case.

Disciplinary Hearing Procedures

1. Members of the hearing body are introduced. 
2. The student charged and the complainant are presented with copies of the hearing procedures. 
   1. Should a student not appear at the disciplinary hearing, the hearing will be conducted without his/her presence and a decision rendered. 
   2. If it is later ascertained that the student was ill or unavoidably detained, the decision may be set aside and a new hearing held. 
3. The chairman reads the charge or complaint. 
4. The student charged makes a plea: responsible or not responsible. 
5. The complainant or director of student conduct presents evidence and/or witnesses. 
6. The student charged presents evidence and/or witnesses in his/her behalf.
   1. Advisor: the student charged may be accompanied by an advisor who may be present during the hearing, but is only permitted to advise the student. The advisor is not permitted to question participants or present verbal statement or argument. 
   2. The advisor must be a member of the University community (student, faculty, staff) but may not be an attorney-at-law. 
7. The hearing officer or member of the committee may ask questions of the complainant and then of the student charged. 
8. The complaining party asks questions of the participants. 
9. The student charged asks questions of the participants.
10. The complaining party presents concluding remarks.
11. The student charged presents concluding remarks.
12. All are excused from the hearing room except those members who will render a decision in the case.
13. Only information introduced as evidence during the hearing will be considered in determining responsible or not responsible. The following will be decided by majority vote: 
    1. Responsible/Not Responsible. 
    2. Sanction (penalty) to be given, including special requirements or stipulations. A student’s past disciplinary record will be considered. 
    3. Length of time the sanction will be in effect.
14. Disciplinary decisions rendered by the Judicial Affairs Committee are submitted to the student affairs office within 24 hours and all evidence and documentation will be maintained in the disciplinary files of the dean of students.
15. The decision and sanction is announced in the presence of the student(s) charged. This decision will also be submitted to the student(s) in writing by the student affairs office.
16. The disciplinary hearing is adjourned.

Due to the sensitivity of some cases, appropriate measures may be taken to protect all parties involved.

A student has the right to request an appeal of a hearing decision.

The following procedures will be used in considering an appeal in student disciplinary cases:

1. Students desiring to appeal a disciplinary decision must submit a statement in writing with a justification for the appeal to the student affairs office by 4:00 p.m. of the fifth class day after the day on which a penalty has been imposed. If the student needs extra time to prepare, it may be granted at the discretion of the dean of students if requested within 24 hours of receipt of the charge.
2. The appeal may be no longer than three typed pages and must concentrate on points of contention that justify appeal consideration.
   • An appeal may be filed on one or more of the following grounds only:
     • A procedural mistake or significant error may occur that impacts the outcome of the hearing (ex. substantiated bias/conflict of interest or material deviation from the established procedures as outlined in this policy).
     • Newly discovered evidence, which was not reasonably available at the time of the hearing. A summary of this new evidence and its potential impact must be explained on the appeal form.
     • The sanctions imposed fall outside the range of sanctions designated for this offense and the cumulative conduct history of the responding party.
3. The authority that made the original decision will receive a copy of the student's appeal. They will be required to submit a statement addressing the student's contentions and/or justifying the original decision.
4. The written material for a judicial appeal will be forwarded to the Judicial Appeals Committee or the dean of students for consideration.
   • Under certain circumstances, the dean may decline to hear the case. In this case, the Judicial Appeals Committee will conduct the appeal.
5. In considering an appeal, the Judicial Appeals Committee or the dean of students will:
   • Be given the statements of the parties involved (student appeal and statement of the disciplinary jurisdiction).
   • Consider the statements as submitted by the parties.
   • Render a decision by majority vote.
     • Affirm the original decision.
     • Reverse the original decision.
     • Reduce the penalty. (The Judicial Appeals Committee may not increase the penalty unless additional evidence has been introduced since the original decision.)
6. The parties involved will be notified in writing of the decision within 72 hours of the decision unless the Judicial Appeals Committee or the dean of students desire to acquire additional information pertaining to the case.

In matters concerning civil rights and Title IX cases, the students will not be on the committee. In these cases, the Title IX appeal board will hear the case. The full policy is located at desales.edu/title-ix​.