Code of Student Conduct

Section 1: Preamble

The continuing mission of Dillard University is to conduct and maintain an atmosphere conducive to learning and growth through programs of academic excellence within the framework of the liberal arts tradition. To this end, the University promotes and upholds a level of behavior and citizenship that enhances the attainment of its mission. Dillard strives to safeguard the ideals of academic excellence through scholarship, and the moral atmosphere of the University community.

It is assumed and expected that when a student chooses to attend Dillard University, he/she does so fully prepared to accept the standards of conduct and citizenship that are considered desirable by the University. Accordingly, failure to abide by the rules and regulations of Dillard University constitutes misconduct and will result in appropriate disciplinary action.

Dillard strives to promote a just and positive community that focuses on conflict resolution. We believe that one’s actions demonstrate one’s commitment to respecting differences and we must be responsible for our behavior and accountable for our actions. Everyone who chooses to participate in and or visit our community must abide by our policies and practices, designed to insure a safe, educational and comfortable existence.

The student conduct process at Dillard 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 and values. Sanctions are intended to challenge a student’s s’ moral and ethical decision-making and to help the student bring his/her behavior into accord with our community expectations. When a student is unable to conform his/her 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 afforded by the courts. Fair 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: Student Discipline Philosophy

The submission of an application for admission to Dillard University is an optional and voluntary action. Approval of that application is, in turn, an extension of a privilege to join the academic and social community and to remain a part of it as long as academic and behavioral standards are met. These expectations have been established so that the educational purpose of the university may be pursued in an atmosphere conducive to such an undertaking.

When a student, group of students, or a student organization infringes upon the rights of a member(s) of the community, the students must accept responsibility for their actions. The function of this disciplinary process is to promote learning by examining how patterns of unacceptable behavior interfere with and, therefore, are detrimental to the educational process.

Students are expected to exhibit good judgment and responsibility in their behavior both on university premises/property and off campus. The university reserves the right to address student behaviors that occur off campus, including those that are also being acted upon by legal authorities. Although the university does not automatically impose sanctions in addition to those imposed by law enforcement agencies, it does have the obligation to introduce disciplinary action if the student’s behavior conflicts with the university’s educational objectives or the student’s responsibilities to members of the university community. Students will be disciplined in accordance with the Code of Student Conduct.

Section 3: Institutional Authority

The disciplinary authority over behavior involving individuals, groups, and organizations rests with the Board of Trustees and is delegated by them to the President of the University. The President delegates authority in matters of non-academic student conduct to the Vice President for Student Success to establish and hold student conduct proceedings that will ensure the proper administration of the University’s rules and regulations. In general, any non-academic violation by a student or group of students or student organization at Dillard University will come under the jurisdiction of the conduct system.

The Vice President for Student Success along with the Dean of Students and hearing officers shall oversee the operation of the student conduct system and administration of the Code of Student Conduct.

The Code of Student Conduct applies to students while they are on-campus, when they attend programs and events off-campus that are Dillard-related, or when their off-campus behavior is a violation of this Code or of criminal law or constitutes a hazard to the health, safety, or well-being of a student or members of the University community. The Vice President for Student Success or designee may determine that off-campus behavior affects a substantial Dillard University interest. In the event a student commits serious misconduct while enrolled at Dillard, but reported after the student has graduated, Dillard University may invoke these procedures and should the former student be found responsible, the University may revoke that student’s degree.

Violations of the Law

Students may be accountable to both legal authorities and the University for acts that constitute violations of law and of the Code of Student Conduct. At the discretion of the Vice President for Student Success, proceedings under this Code of Student Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

1. Determinations made or sanctions imposed under the Code of Student Conduct will not be subject to challenge on the grounds that civil or criminal charges involving the same incident are pending or have been dismissed, reduced, or resolved in favor of or against the student.

Interim Restriction/Action

Under the Code of Student Conduct, the Vice President for Student Success or Dean of Student Affairs may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student 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 restrictions/actions can include separation from the institution or restrictions on participation in the community for no more than ten (10) business days pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct.

During an interim suspension or restriction, a student may be denied access to University housing and/or the University campus/facilities/events. As determined by the Vice President for Student Success and/or Dean of Student Affairs, 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 Vice President for Student Success and/or Dean of Student Affairs, and in collaboration with the appropriate academic Dean(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student’s educational requirements

Section 4: Student Rights and Responsibilities

It is each student’s responsibility to adhere to the conduct and standards prescribed by the University through the Code of Student Conduct as well as those laws established by local, state, and federal authorities.

Student Rights

Although all students have the following enumerated rights, these rights shall not be construed to deny or disparage rights retained by other students in their capacity as members of the student body or as citizens of the community at large.

Students have the right to:

1. Free inquiry, expression, and assembly, except as expressly limited by Dillard University policies, including the Code of Student Conduct.
2. Be free from harassment or discrimination based on sex, race, color, national origin, religion, ancestry, sexual orientation, disability, age, veteran status, marital or parental status.
3. Be secure in their persons and living quarters and to not be subjected to unreasonable searches and seizures is guaranteed.
4. Be exempt from disciplinary action that affects their status as students, except for academic failure or violation of a published Code of Student Conduct standard.
5. Not have disciplinary sanctions resulting from a violation of rules and regulations imposed upon them without notice of the nature, cause of the charges, and a fair hearing, which shall include factual evidence submitted by witnesses.
6. A student may waive the right to a hearing when the student chooses to admit responsibility for misconduct and accept disciplinary sanctions from the University. The right to a hearing also extends to student organizations or campus organizations; organizations may also waive its rights to a hearing.
7. An appeal, through established procedures, any sanctions administered by the University.
8. Privacy of personal information and the right to review their conduct and academic records in accordance with state and federal laws.

Student Responsibilities

By applying or enrolling at Dillard University, students recognize that they have responsibilities to themselves, their fellow students, their campus community and society at large. All students accept these responsibilities that include, but are not limited, to: and

2. Contributing to a climate of academic integrity; rational, critical, and creative inquiry; respecting the freedom of individual thought and expression consistent with the rights of others; and commitment to the well-being of society as a whole.
3. Obeying all duly established Dillard University policies, local, state, and federal policies, regulations, and laws.
4. Refraining from actions that deny other members of the university community their rights as described herein.
5. Refraining from acts of violence, intimidation, or degradation toward any person.
6. Cooperating with University administrators, faculty, staff and contracted personnel in the performance of their authorized duties.
7. Giving and maintaining accurate and complete information for all official records required by the University.
8. Meeting all financial obligations to the University.
9. Carrying personal picture identification at all times while on University property or at University functions and provide identification to University Officials when requested.
10. Attending all conduct proceedings when issued notice to do so.
11. Maintaining the highest ethical standards in academic and personal behavior.

Student Organization Rights and Responsibilities

Student organizations recognized by the university have a responsibility to conduct their activities and programs in a manner that is consistent with the goals, purposes, and values of Dillard University and abide by university policies and procedures.

The life of an organization is reflected in its membership, acting collectively and/or individually in fostering the goals, purposes, activities, and identity of the group. Members have responsibilities to their organization to conduct their personal behavior in a manner that does not negatively reflect on the organization, particularly in matters that can be related to the functions and activities of the organization.

The organization is expected to educate their members to the appropriate and legitimate ways in which the individual member is to foster the organization’s existence at the university and to take organizational action when the individual fails to adhere to the standards of the organization or the university.

Consequently, an organization may be held responsible for a member’s behavior when that member’s behavior is demonstrably related to the organization’s life and draws attention to the organization rather than to the member as an individual student.

Such behavior includes, but is not limited to, actions of organization’s officers, discussions and announcements at organization meetings or via organization social media/email list serves, or when it has been alleged or determined the member was engaged in active promotion.

In such instances, alleged violations may be brought against the organization as a whole and the student organization President, or equivalent thereof, shall serve as the organization’s representative in a hearing.

The Code of Student Conduct supersedes any and all regulations and/or decisions made by student groups and organizations and their affiliates.

Section 5: Breaches of Conduct

Dillard University strives to help students and student organizations develop a sense of moral, ethical, and community responsibility as well as to create an environment conducive to living and learning. By applying to, accepting admission to Dillard University or registration as a student organization, a student accepts the Code of Student Conduct and citizenship and acknowledges the right of the University to take disciplinary action, including suspension or expulsion for conduct judged unsatisfactory or disruptive. Any student or applicant found to have committed or to have attempted to commit the following misconduct is subject to the sanctions provided for in the Code of Student Conduct. In some instances, acceptance can be revoked prior to enrollment or class attendance due to conduct that violates the Code of Conduct. In keeping with this philosophy, the University regards the following as breaches of conduct:

Abduction and/or Kidnapping

Enticing, persuading, or forcibly seizing and/or carrying of any student, faculty, staff or University official from one place to another or to prevent a person from leaving a location without that person’s consent.

Academic Misconduct

Plagiarism (including materials from the Internet), cheating on examinations, forgery, collusion, procuring copies of examinations or other materials that should not be in the student’s possession, credential misrepresentation, and other acts of academic dishonesty.

Aiding and/or Inciting

Aiding, abetting, persuading, and/or procuring another person or persons to commit any act of misconduct or a breach of the peace.

Alcoholic Beverages/Intoxication

The use, consumption, possession, purchase, sale and/or distribution of alcoholic beverages on University property, in cars or other vehicles, or at any University sponsored or affiliated activity is prohibited.

Animals

Only animals that are approved under federal law for special assistance or for teaching and research are permitted in University facilities. The University prohibits pets including, but not limited to, insects and reptiles.

Arson/Fire Setting

The malicious or intentional burning of property on the University premises or property is strictly prohibited. Such acts include, but are not limited to, creating fires, setting a personal fire, open flames, and/or igniting flammable materials.

Behavior Unbecoming of a Dillard University Student

Any violation of the Code of Student Conduct and/or behavior that reflects negatively on the image of the student or reputation of the University.

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:

• Falsifying, distorting, or misrepresenting information;
• Failing to provide, destroying or concealing information during an investigation of an alleged policy violation;
• Attempting to discourage an individual’s participation in or use of the campus conduct system;
• Harassing (verbal or physical) and/or intimidating a member of the University community body prior to, during, and/or following a University conduct proceeding, pursuant to the Code of Student Conduct;
• Failing to comply with the sanction(s) imposed pursuant to the Code of Student Conduct
• Influencing or attempting to influence another person to violate the Code of Student Conduct.

Damage to Property/Destruction of Property

Damage, vandalism or destruction to property owned or leased by the University or personal property belonging to an individual, including faculty and staff members.

Disorderly Conduct and/or Disruption

Any offensive or annoying act that disrupts the peace. This t includes, but is not limited to, conduct that is offensive or annoying to others or is disruptive to the rights of others, which includes excessive noise, noise after quiet hours, noise producing devices, talking excessively loud, failure to dispose of food trays, shouting or loud music.

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.

Distribution of Printed or Social Media Material

Distribution of printed materials or posting of materials or videos through social media that are libelous, derogatory, abusive, sexually explicit, pornographic, or that encourages violations of public laws or University regulations. While the University respects a student’s right to free inquiry, expression, and assembly, it reminds students of their responsibility to contribute to a climate of academic integrity consistent with the rights of others and to refrain from acts of degradation, humiliation or harassment toward any person, whether the person is a student, nonstudent, relative, faculty or staff member, or a current or former spouse, boyfriend, girlfriend or a significant other.

Domestic and Dating Violence

Domestic Violence is defined as abusive behavior, including threats, verbal and/or emotional abuse, and physical assault, between persons in an intimate and/or sexual relationship. It includes behavior(s) used by one person in a relationship to control another. Examples of domestic violence include but are not limited to name-calling, intimidation, threats, and physical harm. Preventing a partner from making contact with others among the partner’s family, friends, or peer group also falls within this definition. This includes behavior toward another person even when the intimate or sexual relationship has ended.

Drugs/Drug Paraphernalia

• Possession or use of any counterfeit, illegal, dangerous, or controlled drug or other substance is prohibited. This includes the unauthorized use or possession of prescription medications.
• Abuse of solvents, aerosols, or propellants.
• Manufacturing, selling, or distributing any counterfeit, illegal, dangerous or controlled drug or other substance is prohibited. This includes the unauthorized distribution of prescription medications.
• Possession of drug paraphernalia (i.e., pipes, bongs, blunts).
• Violating any other provision of the Code of Student Conduct while under the influence of an illegal or illegally obtained drug.
• Diluted, late, missed, forged, or failed drug screens.
• The possession, distribution or use of medical marijuana that is legal in other states but is illegal in Louisiana is also prohibited.
• The receipt or distribution of illegal drugs prescription drugs or drug paraphernalia via the mail or other delivery service are also prohibited.

Endangerment

Reckless or intentional acts that endanger or put at risk the welfare of oneself or others are prohibited. Threats in any form or behavior that could endanger one-self or others are prohibited. Compromising the security measures of the campus will constitute a violation of the Code of Student Conduct.

Failure to Comply

Failure to comply with the reasonable directions of University officials acting in the performance of their duties. This includes failure to promptly identify oneself to University officials when requested and failure to comply with disciplinary sanctions. Students are required to carry a valid University student identification card while on the University premises or property.

Fire Safety

Violation of local, state, federal or campus fire policies including, but not limited to:

• Intentionally or recklessly causing a fire that 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;

Forgery

Forgery of names, signatures and/or documents (personal, public, and/or private) is prohibited.

Falsification of Information

Deceptive acts, misrepresentation and/or dishonest acts include, but are not limited to, lying, misuse of University documents, records, or student identification cards or meal cards, or documents and records belonging to another

Firearms/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 four (4) inches, including the storage of any item that falls within the category of a weapon in a vehicle parked on University property are prohibited. Knowledge of people possessing firearms must be reported to the Office of Public Safety immediately.

Gambling

Gambling is prohibited on campus. Gambling may include lotteries, sports pools, and online betting activities.

Guest Behavior

Students are responsible for the behavior of their guests whom they invite to the campus or permit to visit the campus. Where a guest is found to be in violation of the Code of Student Conduct applicable charges will be brought against the student host and/or the host student organization.

Harassment

Communication directed at an individual(s), whether physical, verbal, written, or electronic, that is likely to cause annoyance or alarm; engaging in any other course of conduct or repeatedly committed acts with the purpose to alarm or seriously annoy any other person.

Harboring

Harboring is knowingly allowing any fugitive from justice, or any student, employee, or any other individual who has been barred from the University to stay in or to be transported onto University owned or operated property or facilities. This would also include harboring any individual who is considered to be a fugitive from justice or for whom there is an outstanding warrant.

Harm to Persons

Intentionally or recklessly causing physical harm or endangering the health or safety of any person.

Hazing

Any act, whether physical, mental, emotional or psychological, that subjects another person, voluntarily or involuntarily, to anything that may abuse, mistreat, degrade, humiliate, harass, or intimidate an individual, or which may in any fashion compromise an individual’s inherent dignity as a person for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, an organization whether occurring on or off campus.

In addition, any requirements by a group, member or prospective member that compels another group, member or prospective member to participate in any activity that is against University policy or state or federal law for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in an organization whether occurring on or off-campus.

Health and Safety Violations

Behavior that creates a risk or danger to others, including, but not limited to, propping open doors to residence halls, use of windows to enter/exit university facilities, throwing objects from windows or balconies, or failure to maintain reasonable standards of sanitation, cleanliness, and safety.

Indecent, Obscene behavior and/or Profanity

Conduct that is lewd, indecent and/or profane portrayed on the premises of the University or at University-sponsored or supervised activities.

Misuse of Communications Technology:

No student shall misuse or abuse, or assist in the misuse or abuse of communication equipment at the University. Such activity includes, but is not limited to, using any form of communication equipment to harass or threaten any person or persons, or using any form of communication equipment to disrupt the normal operations or activities of any person, organization, or the University and such acts as misappropriation of data or of copyrighted material or software. Communication equipment includes, but is not limited to, phones, electronic mail, pagers, voice mail, computers, printers, etc. This includes the use of personal devices utilizing university technological infrastructure.

Motor Vehicles, Traffic Violations, Parking Violations

Violation of rules and regulations governing the use of motor vehicles on University-owned or controlled property or at University sponsored or supervised activities.

Retaliation

Actions by a student or employee intended as retaliation, reprisal or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.

Sexual Misconduct:

Sexual Misconduct includes:

Nonconsexual Sexual Intercourse and Sexual Contact

Any sexual behavior including sexual intercourse or attempted intercourse without consent. This definition includes rape, attempted rape, molestation, and other cases where the victim is unable to refuse or effectively consent to sexual advances. The definition applies regardless of whether the assailant is a stranger or an acquaintance. Examples include, but are not limited to, forced insertion, oral copulation, rape by foreign object, sodomy, and the unwanted touching of an intimate part of another person.

Sexual Exploitation

Taking nonconsensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to:

• Intentionally exposing a private or intimate part of one’s body in a lewd manner;
• Committing any other lewd act in a public place;
• Prostituting another student;
• Non-consensual video or audio recording of sexual activity;
• Exceeding the boundaries of explicit consent, such as allowing friends to hide in a closet to witness one’s consensual sexual activity;
• Engaging in non-consensual voyeurism; and/or
• Knowingly transmitting a sexually transmitted disease/infection or HIV to another student.

Sexual Harassment

Unwelcome sexual advances or requests for sexual favors and/or other verbal or physical conduct or communication of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of employment, or services, or academic status; or
• Submission to, or rejection of, such conduct by an individual used as a basis for employment, or services, or academic decisions affecting him or her; or
• Such conduct, whether verbal or physical, has the purpose or effect of interfering with the individual’s work or academic performance or of creating an intimidating, hostile or offensive employment, service, or educational environment.

Sexual Verbal Abuse

Language that is sexual in nature and unwanted on the part of another person. Examples include, but are not limited to, obscene telephone calls and use of written and/or oral communication that would be considered obscene.

Smoking/Tobacco Use

Smoking and the use of tobacco products of any kind is prohibited at Dillard University and all University sponsored/affiliated events.

Solicitation

Unauthorized selling, collection of monies, and promotion on-campus or within University buildings on University property or premises without proper approval.

Stalking

Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person’s home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted. (Louisiana RS 14:40.2)

Theft

Theft is the wrongful taking of, or the attempt to take, money or property without consent of the owner. Theft also includes the acceptance of stolen property and/or the unauthorized removal of University property, including library materials and books.

Threatening Behaviors

• 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.
• Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.

Trespassing

Unauthorized presence on or within any building or property owned or operated by the University.

Unauthorized Use / Entry of University Facilities

Unauthorized use of equipment, occupancy of, or unauthorized entry into or exiting from University facilities.

Use of University Name

Use of the name or logo of the University is prohibited unless specifically authorized in writing by the President of the University or delegated representative. Students are prohibited from falsely presenting themselves as entities of the university beyond the normal scope of activities associated with their student status.

Verbal Abuse

Verbal Abuse can be defined as any derogatory language used to degrade or impose harm on others.

Violation of Civil or Criminal Law

Evidence of violation of local, state or federal laws, when substantiated through the student conduct process, or police or court documents.

Visitation

Students must abide by articulated visitation policies as established by the Office of Residential Life.

Voyeurism:

Viewing, photographing, audio recording, video recording, producing, or creating a digital electronic file or filming another person without that person’s knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy is prohibited.

Section 6: Student Conduct Policies and Procedures

1. Incident Reports
   Any member of the university community who has evidence of an alleged violation of the Code of Student Conduct may file a written report with the Office of Student Affairs, Office of Residential Life, or Office of Public Safety. Any person who feels their rights, privileges, the Code of Student Conduct or the rules of the university have been violated may file a written report. An incident report should be filed within one year of the alleged incident with the exception of allegations involving Title VII or Title IX incidents (including Sexual Assault and/or Battery, Sexual Harassment, or Sexual Verbal Abuse).

2. Conduct Charges
   The Dean of Student Affairs or designee, upon receiving an incident report, determines the appropriate next steps under the Code of Student Conduct. The Dean of Student Affairs or designee may proceed with a preliminary investigation or may schedule an initial educational conference with the responding student or student organization to explain the conduct process and gather information.
   
   The University conducts a preliminary inquiry into the nature of the incident, complaint or notice, the evidence available, and the parties involved. The preliminary inquiry may lead to:
   1. A determination that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Code of Student Conduct, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the code) after a review with the Vice President for Student Success;
   2. A more comprehensive investigation, when it is clear more information must be gathered;
   3. A formal complaint of a violation and/or an educational conference with the responding student.

While an academic semester is in session, the preliminary inquiry is typically completed within a prompt manner of times with the goal of 3 - 5 business days of receipt of the incident report.

When an initial educational conference is held, the possible outcomes include:

• A decision not to pursue the allegation based on a lack of or insufficient evidence. The matter should be closed and records should so indicate;
• A decision on the allegation based upon the responding student accepting responsibility as described below.
• A decision to proceed with additional investigation and/or referral for a formal hearing.

If the responding student accepts responsibility at the initial educational conference, the University considers this an “uncontested allegation.” The administrator conducting the initial educational conference will then determine the sanction(s) for the misconduct, which the responding student may accept or reject. If accepted, the process ends. If student accepts responsibility at the initial educational conference, but rejects the sanction, the University will conduct a sanction-only hearing. If the administrator conducting the educational conference determines that it is more likely than not that the responding student is in violation, and the responding student rejects that finding in whole or in part, a hearing will be scheduled.

When a more comprehensive investigation is needed, the Dean of Student Affairs will appoint an investigator who shall:

• 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.
• If the incident report contains allegations against members of a student group or organization, determine whether the incident is related to student organization members acting as individuals or to student organization members acting on behalf of the organization or both.
• Preliminary investigation usually takes between 1-7 business days to complete.
• At the conclusion of the preliminary investigation, the investigator shall submit a written report to the Dean of Student Affairs which outlines the actions taken and findings reached. This written report will be introduced at any subsequent hearing and the investigator called as a witness.

A. Determination of Hearing Type

The Dean of Student Affairs shall make the determination as to which hearing board shall hear an alleged Code of Student Conduct policy violation. The hearing board shall be chaired by a hearing officer.

B. Hearing Board Type

The University has established two hearing options that may convene and conduct proceedings: Administrative Hearings and University Conduct Board Hearing.

Administrative Hearing

An Administrative Hearing is conducted by a single hearing officer appointed by the Vice President for Student Success and/or Dean of Student Affairs.

The Administrative Hearing Officer will determine whether it is more likely than not that the responding student has violated the Code of Student Conduct and recommend appropriate sanctions consistent with Code of Student Conduct and university policy and the violation under consideration. The Administrative Hearing Officer will recommend appropriate sanctions consistent with Code of Student Conduct and university policy, the violation under consideration, and the student’s conduct history to the Dean of Student Affairs. The Administrative Hearing Officer will be selected from a pool of trained faculty and staff.

University Conduct Hearing Board

A University Conduct Hearing Board is chaired by the Dean of Student Affairs or designee. A Conduct Hearing Board is comprised of at least one faculty member, one staff member, and the non-voting chair. Ideally, the Conduct Board will be comprised of at least 3 member and the non-voting chair. After the hearing and deliberations, the Conduct Hearing Board will determine, by majority vote, whether it is more likely than not that the responding student has violated the Code of Student Conduct. The members of the Conduct Hearing Board will be selected from a pool of trained faculty and staff.

A University Conduct Hearing Board will recommend appropriate sanctions consistent with Code of Student Conduct and university policy, the violation under consideration, and the student’s conduct history to the Dean of Student Affairs.

C. Code of Ethics

All hearing board members must be fair and impartial. Each board member must cultivate a sensibility that will result in an unbiased outcome of the proceedings. In order to facilitate this standard, the following guidelines have been established.

1. Hearing board members are committed to ensuring that the intent and meaning of the Code of Student Conduct will be carried out on all occasions.
2. The name, status, and alleged violation(s) of any student must not be discussed with anyone other than appropriate institutional personnel. Except as required by law, the content of any conduct body deliberations or the vote on any case must not be disclosed. A general listing of offenses may be made public, so long as the privacy rights of individual students are protected.
3. If a member is biased according to the definition in the Code of Student Conduct, he/she must disqualify himself/herself before the commencement of the hearing. The board member’s right to this privilege is absolute and may not be questioned.

D. Cooperation of All Parties

Both the individual bringing the charge and the charged student will be expected to cooperate fully. Similarly, all parties with knowledge pertaining to a case will be expected to cooperate fully in the conduct case and if requested, appear at the conduct hearing. Depending on the nature of the case, the number of students involved in the case, and at the discretion of the Dean of Student Affairs, the responding students may participate collectively in one hearing rather than separate, individual hearings. Honesty is expected from all who participate in a conduct case. Dishonesty in a hearing may be grounds for a separate violation charge. If a student fails to attend a scheduled hearing, the hearing may proceed in the absence of the student. Such an absence will not be considered grounds for an appeal, unless the student provides a reasonable and compelling excuse.

E. Correspondence

Conduct correspondence shall occur via campus mail, U.S. Mail, Dillard e-mail (dillard.edu), or personal hand delivery of letters. Students will be held accountable for retrieving mail in a timely manner. Failure to do so is not an acceptable excuse for delaying any aspect of the conduct process.

F. Procedures for All Original Hearings

Prior to the Hearing

1. The responding student will be notified, in writing, about the alleged Code of Student Conduct violation and which hearing board they will go before. The written notification shall include the type, date, time, and location of the hearing. Students will be held will be given a minimum of 2-5 business days to prepare unless all parties wish to proceed more quickly.

Hearing

1. Hearings will be closed to the public.
2. Admission to the hearing of persons other than the parties involved will be at the discretion of the hearing board chair.
3. The parties have the right to an advisor of their own choosing. Advisors may be chosen only from within the current University community, unless an exception is granted by the Dean of Student Affairs for an advisor from outside the community. [In the rare instance where civil or criminal court proceedings currently involve a responding student or at the discretion of the Dean of Student Affairs, legal counsel may be permitted to serve as an advisor]. The advisor may not make a presentation or represent the party bringing the complaint or responding student during the hearing. The advisor confer with the party prior to the hearing and may not communicate during the actual hearing.
4. The party bringing the complaint, the responding student, and the hearing board will have the opportunity to question all present witnesses and questioning all present parties (directly or through the Chair, at the discretion of the Chair). Unduly repetitive witnesses can be limited at the discretion of the Chair. The Chair may limit the number of character witnesses presented or may accept written affidavits of character instead.
5. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the hearing board. Formal rules of evidence are not observed.
6. All procedural questions are subject to the final decision of the Chair.
7. After the presentation of all information by the parties, the hearing board will deliberate and determine, by majority vote, whether it is more likely than not that the responding student has violated the Code of Student Conduct. The Dean of Student Affairs (or designee) will be present and available as a resource during all deliberations. Once a finding is determined, if the finding is that of a policy violation, the panel will determine an appropriate sanction(s) to be recommended to the Dean of Student Affairs. The Dean of Student Affairs or designee is responsible for informing the hearing board of applicable precedent and any previous conduct violations or other relevant pattern information about the responding student.
8. The Chair/Administrative Hearing Officer will prepare a written deliberation report and deliver it to the Dean of Student Affairs, detailing the finding, how each member voted, the information cited by the panel in support of its finding, and any information the hearing board excluded from its consideration and why. This report should conclude with recommended sanctions to be imposed upon the student, if responsible. This report should not exceed two pages in length and must be submitted to the Dean of Student Affairs or designee within two (2) days of the end of deliberations.
9. The Dean of Student Affairs or designee will consider the report and render a final decision. In cases involved potential Title IX violations, the Title IX Coordinator will be consulted before rendering the final decision.
10. The Dean of Students or designee will notify the responding student and party bringing the complaint (if applicable by law or University policy) of the final determination within five [5] days of the hearing. In cases of sexual misconduct and other crimes of violence, notice of the outcome will be delivered to all parties without substantial delay between the notifications to each. In all student and student organization cases, the appropriate university officials will be notified of the outcome of the hearing.
11. If requested by the complaints or deemed necessary by the chair, there will be a single verbatim record, such as an audio recording, for all panel hearings. Deliberations will not be recorded. The record will be the property of the University and maintained according to the University’s record retention policy. Students and/or advisors may not make any recording of the proceedings.

Section 7: Conduct Sanctions

Departures from acceptable conduct may lead to one or more of the following sanctions. There is no standard penalty that applies to violations of the Code of Student Conduct. In each case, the nature and seriousness of the offense, the motivation underlying the offense, and the present demeanor and conduct record of the student are considered.

All conduct actions are communicated to the student in writing. A copy of all correspondence is placed in the student’s conduct file. In the event that a student is found responsible a copy of written notification is sent to appropriate university personnel. If a student is found responsible for violating the Code of Student Conduct pertaining to violence or non-violent sex offenses, the following information will be released upon request and in concert with local, state, or federal stature; name of student, offense and sanction imposed.

The following sanctions, or other sanctions appropriate to the circumstances of a given case, may be imposed, singly or in combination, for violations of the Code of Student Conduct.

Admonishment

A warning to the student to deter from any disciplinary matters without additional sanctions.

Community Restitution

Services provided by the student without pay for a specific amount of hours.

Drug Testing

For any student found in violation of the drug policy, may be required some form of drug screening. This could be scheduled or random drug tests. Drug Testing takes place at off-campus venues only and includes a cost that must be assumed by the student. If a student fails a drug screen or does not submit when scheduled, the missed/failed drug screen is viewed as a new incident and another conduct case is opened for that charged student.

Educational/Other Penalties

Other sanctions may be imposed which bear a reasonable relation to the violation for which the sanction is imposed. This may include psychological counseling, viewing appropriate films or studying other documents, or attending substance abuse or other forms of counseling.

Expulsion

Permanent release from the University without the privilege of readmission. Any student expelled from the University may not attend University sponsored functions on or off-campus, participate in student organizations, represent the University in any capacity, or visit any campus facility without the written consent of authorized University officials.

Failing Grade

Assignment of a failing grade to a student for a course in which he/she was found guilty of scholastic dishonesty. Lesser penalties may be imposed by the appropriate academic official.

Fine

A mandatory payment of money by the student made payable to the University for violations.

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.

Housing Reassignment

Reassignment to another University housing facility. Residential Life personnel will decide on the reassignment details.

Housing Suspension

Removal from University housing for a specified period of time 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.

Housing Expulsion

The student’s privilege to live in or visit any University owned or affiliated housing structure is revoked indefinitely. This sanction may be enforced with a trespass action if deemed necessary.

Loss of Privileges

The loss of privileges may range from removal from University housing, loss of visitation, restrictions from campus buildings and/or events, to a loss of parking privileges. This written notification shall indicate the time period for which the student has lost the privilege. A student who receives this sanction shall be notified in writing by the Dean of Student Affairs or designee as to the privileges that he/she has lost.

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.

Reprimand

A written or oral reprimand is an official statement from the Dean of Student Affairs or designee to a student that a University Code of Student Conduct has been violated. This reprimand officially advises the student of a violation and warns that further violations may result in a more severe disciplinary action.

Reprimand with Conditions

Where appropriate, this level of reprimand may include any or all of the following conditions:

1. Educational program or task – Assignment of educational program or appropriate task.
2. Loss of privileges – Removal of privileges or restriction of activities for a designated period of time.
3. Restitution – Reimbursement by the students to cover the cost of damage or loss of property or services. Reimbursement may be partial or complete depending upon circumstances; e.g. number of people involved or degree of responsibility.
4. Referral – A student may be referred for counseling or other appropriate professional help if it is believed that this can assist in avoiding further violations.

Research Assignments

Students may be required to complete a research assignment on a topic related to the offense committed. The research assignment must be typed and completed by the deadline specified, thorough, comprehensive and scholarly. The completed project must conform to any other specifications given by the University Conduct Board.

Restitution

Reimbursement for damages to or misappropriation of University property or property belonging to another. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.

Transcript or Registration Hold

Withholding a student’s transcript or registration until all monies, fines, services, etc., owed the University are paid in full.

University Probation

Probation constitutes a span of time when a student found responsible for violating the Student Code of’ Conduct will be monitored closely to ensure that he/she refrains from any further violations. Probation could include exclusion from extracurricular activities during the period of observation. Violating the Code of Student Conduct during a probationary period could lead to a much more serious penalty, including suspension or expulsion. Regular probationary meetings may also be imposed. While on university probation, the student is no longer in “good standing” with the institution.

University Suspension

Dismissal from the University for a specified period of time following acts of violation of the Code of Student Conduct or violation of a present probationary status. Suspensions are recorded on the student’s permanent record. While on university suspension, the student is no longer in “good standing” with the institution.

Withholding of Degree

Temporary denial of a student’s degree or participation in the graduation ceremonies pending resolution of a disciplinary matter.

Workshop Participation

Students may be required to participate in special workshops to enhance their own knowledge and understanding of a particular topic related to the offense committed.

Section 8: Appeals

Any student who is found responsible for violating the Code of Student Conduct may request an appeal of the decision of the hearing board. However, when responding student admits responsibility to the charge, the decision cannot be appealed.

Appellate Jurisdiction

Appeals shall be reviewed by the Appeal Review Officer appointed by the Dean of Student Affairs.

In order for an appeal to be granted and/or for the outcome to be amended, one or more of the following grounds for appeal must be met:

1. Procedural Error: Specified procedural errors or misrepresentation of university regulations are so substantial that a fair and impartial decision was denied (e.g. substantiated bias, material deviation from established procedures, etc.).
2. New Evidence: New and significant evidence has become available which was not reasonably discoverable or available before the original decision was rendered. A summary of the new evidence and its potential impact must be included in the appeal.
3. Inappropriateness of Sanctions: The sanctions imposed are substantially disproportionate to the severity of the violation and the student’s conduct history.

Appeals must be filed in writing to the Appeal Review Officer within 10 days of the hearing board decision. Appeals must state clearly the basis of appeal and be substantiated by factual, relevant information. The Vice President of Student Success and Dean of Student Affairs will be informed immediately if an appeal has been filed.

In Title IX cases, the Dean of student Affairs or designee will share the appeal by one party with the other party (parties) when appropriate under procedure or law (e.g., 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 Dean of Student Affairs will refer the request(s) to the Appeal Review Officer.

The Appeal Review Officer will conduct an initial review to determine if the appeal request meets the limited grounds and is timely. The Appeal Review Officer must consult Title IX Coordinator on any procedural or substantive questions on relevant cases.

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 Appeal Review Officer will advance all information to the Vice President for Student Success within 3-5 business days.

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 Appeals Review Officer must limit his/her review to the challenges presented.

On reconsideration, the Vice President for Student Success may affirm or change the findings and/or sanctions of the original hearing body according to the permissible grounds. Procedural [or substantive] errors should be corrected, new evidence should be considered, and sanctions should be proportionate to the severity of the violation and the student’s cumulative conduct record.

All decisions of the Vice President for Student Success are to be made within fifteen (15) business days of submission and are final.

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 Vice President for Student Success, 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 the Vice President for Student Success, in consultation, that the appeal would result in a reversal of the finding and/or substantial modification of the sanctions. The decision of the Vice President for Student Success if final and may not be appealed.

Section 9: Disciplinary Records

All conduct records are maintained by University for seven (7) 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.

Section 10: Definitions

“Active” or “Active Status” or “Active Promotion” means the right to actively promote the goals, purposes, identity, programs and activities of a student organization. Active promotion shall be regarded as wearing any clothing and/or accessories, displaying organization paraphernalia, display and/or distribution of written publicity for the organization or an event, public announcements at a Dillard event or any visible sign that intimates or articulates promotion. Promotion includes letters or any symbols that could be associated with the group. This applies to any on-campus and off-campus Dillard-associated event.

“Appellate Officer” means a University official authorized by the Dean of Student Affairs or his/her designee to convene and conduct an appeal proceeding. An Appellate Officer shall not have participated in an original hearing.

“Bias” means the predisposition toward an issue or person that makes it impossible for the hearing board or officer to remain neutral.

“Complainant” means any person who submits an allegation of violation, or presents a complaint on behalf of the University, alleging that a student violated the Code of Student Conduct.

“Day” means the normal University business day.

“Effective Consent” means the clear and unambiguous agreement and willingness, displayed through an exchange of words or unambiguous actions, which includes a voluntary agreement to engage in mutually agreed-upon sexual activity.

“Faculty member” means any person hired by Dillard to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.

“Guest” means any person to whom a student or university official has extended hospitality or an invitation to come onto University facilities or to attend University events. Guests of the university, such as those individuals or groups of individuals who participate in summer programs or conferences shall be held accountable to the policies of the Code of Student Conduct.

“Good standing” means academic good standing and means completion or satisfaction of all conditions and requirements of sanctions of Disciplinary Probation, Disciplinary Suspension, or Residential Expulsion.

“Group” or “student group” or “groups of students” means a number of persons who are associated with each other participating in a University sponsored program, activity, or living/learning environment, or who have not complied with University requirements for registration as a club, organization, or University program.

“Conduct Transcript” and “Conduct File” and “Conduct Record” and “Conduct Recording” means the official written or recorded documentation maintained by the University on matters related to student conduct.

“Organization” and “Student Organization” means any number of persons who have complied with University requirements for recognition as a club or organization.

“Policy” means the written regulations of Dillard University found in, but not limited to, the Code of Student Conduct and/or University Catalog whether in print or electronic format.

“Premises” includes, but is not limited to all land, buildings, facilities, and other property in the possession of or owned, leased, operated, used, or controlled by Dillard University or a recognized student organization, including premises utilized for university-related events.

“Property” includes, but is not limited to, buildings, facilities, furniture, vehicles, keys, identification badges, parking passes and other items owned, used or controlled by Dillard University or a recognized student organization, including property utilized for university related events.

“Protected classes” include age, color, disability, gender, national origin, race, religion, sexual orientation, and veteran’s status.

“Responding student” means any student alleged to have violating the Code of Student Conduct.

“Student” means a person currently enrolled or eligible and intending to enroll in any University program or class whether on or off a University campus and including all persons taking courses at the University, both full-time and part-time, pursuing studies. During the intercession period between semesters or the summer period, it includes one who has completed the immediately preceding term and is eligible for enrollment or graduation. Students who withdraw from the University while a conduct matter is pending remain students for the purposes of this Code. For the purposes of this Code, “student,” may additionally mean “group” or “organization”.

“University community” means students, faculty, staff, alumni, or religious community members of the University. A person’s status in a particular situation will be determined by the Vice President for Student Success.

“University events” or “programs” mean any activity on or off-campus which is initiated, authorized, registered, or supervised by the University or a University group or organization.

“University official” includes any person employed by Dillard University performing assigned administrative, academic or professional responsibilities. This includes full and part-time faculty, staff, and administrators.

“Witness” means any person called upon to furnish information relating to an incident in which he/she was not a complainant or respondent.

Section 11: Interpretation and Review

Any question of interpretation regarding the Code of Student Conduct shall be referred to the Vice President for Student Success or designee for final determination.

1. Disciplinary policies at the University are set forth in writing in order to give students general notice of standards of conduct. The regulations should be read broadly and are not designed to define conduct in exhaustive terms.
2. In exceptional circumstances the Vice President for Student Success may modify procedures outlined under the Code of Student Conduct.

The Code of Student Conduct shall be reviewed each year by the Vice President for Student Success, Dean of Student Affairs, and General Counsel and Vice President for Legal Affairs, and other designees.

Dillard University expressly reserves the right to revise, supplement or withdraw any policy or portion of a policy, as it deems necessary. Any policy or statement in conflict, will be interpreted by the Dean of Student Affairs and the Vice President for Student Success in consultation with appropriate university and/or legal representatives.