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Where and How Does the Code Apply (p. 26)

Updated Language:

This Code applies to on-campus conduct which typically means conduct that occurs:

• on campus or property owned or controlled by the university (university property);
• in the context of a university employment or educational program or activity including, but not limited to, university-sponsored research or internship programs;
• in circumstances in which the university exercised substantial control over both the respondent and the context in which the conduct occurred.

The university can apply the Code to off-campus conduct when the conduct adversely affects the university and the pursuit of its objectives.

Factors applicable to determining whether the Code will apply include when the behavior:

• Causes substantial disruption to the university, areas surrounding university property that have a substantial impact on the university, its living/learning community, or any of its members
• Involves academic work in the classroom or in any academic setting such as a lab or field site;
• Involves any university records, documents, or university-issued identifications;
• Occurs within the context of a university educational program or activity;
• Indicates the student or student organization may present a threat to health or safety or the university’s orderly operation;
• Involves fraudulent or illegal behavior that represents a risk to the functionality of the university’s academic or campus environment; or
• When behavior results in an arrest, citation, and/or conviction for violation of local, state, or federal law, particularly when the violation of law involves a threat to member(s) of its community or the integrity of the university’s academic processes.

 Rationale: Edits for clarity to better explain where and how the code applies on and off campus.

Sanctions/Educational Measures (p. 53)

Updated Language:

All sanctions are effective immediately upon completion of the appeal or appeal period unless the Director authorizes an exception. 

Rationale: Removes the following provision from the handbook: "Students appealing a separation from the university (a suspension or dismissal) will be limited to academic activities only during the appeal period." Under the proposed change, students appealing a separation from the university will be permitted to continue to participate in non-academic activities until the appeal process is finalized. However, the Director reserves the right to issue interim measures for students whose conduct may be considered a danger or threat to others. In such cases, the interim measures could supercede a student's ability to continue to participate in non-academic activities while they appeal a separation from the university.

Regulations for Recognized Student Organizations: Procedures (p. 69)

Updated Language:

Procedures

In the case of alleged violation by a recognized organization, SARP will investigate the alleged violation(s) and determine the key facts. SARP considers the President, Chair, or similar office-holder to be the official representative of their organization; accordingly, SARP will direct all communications to that official student representative. The student representative may bring one other member with them to meetings with SARP. The organization may also bring one Silent Supporter with them to any official meetings.

SARP will share the draft investigation report with the organization’s official representative and designated advisor(s), if any. The organization will be provided three working days to respond to the report. After reviewing the organization’s response—or if the organization does not submit a response—SARP will complete the final report and determine whether the factual findings constitute one or more violations of the Code of Conduct and, if so, will issue sanctions.

Appeals:

The organization may appeal the findings and/or sanctions within five working days of written notice of the findings and sanctions.

Appeals of outcomes that involve a Primary Sanction of Suspension or Termination of Recognition will be directed to a three-person panel composed of members of the Appeals Committee: one student, one administrator, and one faculty member. The organization representative and advisor (if any) can attend the panel proceeding and offer a statement and answer the committee’s questions. The organization may also bring one Silent Supporter with them to the appeal hearing.

Appeals of outcomes that involve a Primary Sanction of Probation or Warning will be directed to the Senior Vice President (SVP) for Student Affairs & Public Safety or designee. In such cases, the organization representative will submit a written appeal letter outlining the ground(s) for appeal and the basis for appeal. The SVP or designee will review the written appeal and respond to the organization in writing.

Rationale: The edits to this section provide a more streamlined process for RSO's who may be navigating an alleged violation of the Code of Conduct.