Standards of Conduct - Student Behaviors

I. INTRODUCTION

The College is committed to maintaining an environment that fosters learning and personal development. All members of the College community are responsible for their own behavior and are expected to be familiar with the rules policies of the College. Students are expected to uphold these standards of behavior and to respect the rights of others. Each student shall comply with the rules and policies of the College, including but not limited to those detailed below. Student conduct procedures and subsequent disciplinary outcomes are designed to be educational in nature while balancing the interests of the individual student and the community.

II. DEFINITIONS

This section of the Code of Student Conduct (alternatively referred to herein as “the Code”) outlines the definitions of words commonly used in the Code.

⦁ Accused student:  any student accused of violating this code of student conduct.

⦁ Advisor: an individual who, in the context of a disciplinary matter, may sit in as a support person with a complainant or accused student. This person may be a fellow student, parent, College staff or faculty member, or attorney. An advisor may communicate only with the individual they are present to support through the process and shall not otherwise participate in any disciplinary proceeding(s). The advisor may not advocate for, respond for, or otherwise speak on behalf of a party. Advisors are not permitted to directly or indirectly question the other party or witness(es). In the event that a party does not appear, the advisor for that party may not participate or submit questions to be asked on behalf of the party. An advisor may not disrupt or impede any proceeding. Any advisor who does not follow the expectations listed above will be reminded of their role. Further failure to adhere to this policy may result in the advisor being removed from the process at the sole discretion of the College. Should an advisor be removed, the student will be provided with the opportunity to find another advisor.

⦁ College Community: any person who is a student, staff, faculty member, College official or any other person employed by the College.

⦁ College Official: any person employed by the College, performing assigned administrative or professional responsibilities.

⦁Complainant: any person(s) who alleges that a student violated this code of student conduct. In certain circumstances a College official may initiate a resolution process under these policies where there is not a complainant in an incident; however, the College will not become the complainant in the resolution process.

⦁ Dean of Students: any person who is appointed to the position of oversight of the offices falling under the responsibility of “student affairs” for the College.

⦁ Policy: written regulations of the College as found in, but not limited to, the Code of Student Conduct, College policies, and administrative procedures.

⦁ Student Conduct Officer: any person authorized by the College to determine whether a student has violated the Code of Student Conduct and to recommend sanctions as appropriate.

⦁ Respondent: a student accused of violating this code of conduct (same as accused student).

⦁ Retaliation: adverse action against another person for reporting a violation or for participating in any way in the investigation or resolution process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.

⦁ Student: an individual taking courses at the College both full and part time, those persons registered for courses, as well as non-degree-seeking individuals; those attending orientation sessions, taking online classes, auditing classes, or residing in the residence halls; those who were enrolled on the date of an alleged incident.

⦁ Student Group or Organization: any number of persons who have complied with the formal requirements for college recognition/registration or attempts to take action of any kind, in a collective matter on College premises or at any officially arranged College activity.

III. JURISDICTION

The College has jurisdiction over alleged conduct violations by students or student groups when they occur on College premises, at College sponsored events, programs, and activities, or off Campus if they adversely affect the College Community. The Student Conduct Administrator will, in consultation with the Dean of Students (or their designee), make the determination as to whether the alleged conduct that occurs off campus adversely affects the College Community.

The Code of Student Conduct may also be applied to behavior conducted in the digital or virtual space, including online, via email or other electronic or direct messaging systems, or through social media. Students should also be aware that online postings are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations. The College may take action relating to prohibited conduct occurring online when such information is brought to the attention of College officials.

This Code of Conduct applies to student conduct occurring prior to any student’s leave of absence, withdrawal, or graduation from the College. If a student is sanctioned, a hold may be placed on the student’s ability to re-enroll and/or obtain official transcripts and/or graduate.

IV. EVIDENTIARY STANDARD

The standard of evidence used to determine whether there has been a violation of this code is “preponderance of the evidence.” A preponderance of the evidence means that it is more likely than not that a policy violation occurred.

V. CONDUCT VIOLATIONS

The College strives to create an atmosphere that supports the academic mission of the institution. Students should be able to learn in an environment that is orderly, peaceful, and free from disturbances that impede an individual’s growth and development. Respect for the rights of others and for the College and its property are essential expectations for each St. Francis student. The aiding, abetting, inciting of, attempting to commit, or committing of any act or behavior by a student which interferes with or otherwise disrupts the educational purpose of the College is prohibited and subjects a student to the disciplinary process and potential sanctions under the Code.

Allegations involving discrimination including, but not limited to, sex or gender-based discrimination (including discrimination based on sexual orientation, gender identity and gender expression as well as sexual assault and sexual harassment are addressed in the St. Francis College Title IX, Non-Discrimination and Anti-Harassment Policy.

It is a violation of this Code for any student, student group, or student organization to engage in behavior that aids, attempts, assists, promotes, condones, encourages, requires, conceals, or facilitates any act prohibited by this Code. Allowing, permitting, or providing an opportunity for a guest to violate College policy is also prohibited.

These violations are included in each section below and need not be cited separately. Lack of familiarity with College policy is not a defense to a violation of this Code.

Unless specifically noted in the policy definition, intent (whether or not a student intended to undertake an action that would violate the code) is not a required element to establish a policy violation. Additionally, intoxication or impairment from alcohol, drugs, or other substances is not a defense to a violation of this Code.

The following list describes prohibited conduct.

1. Violation of College Policies

Violation of any College policy, rule, or regulation published in hard copy or available electronically on the College website or mySFC portal. 

2. Failure to Comply

Students are required to comply with reasonable requests or orders by authorized College officials or representatives acting on behalf of the College. This requirement includes reasonable requests for students to meet appointments in administrative offices and at disciplinary investigations and hearings.

3. Identification

All students and guests are required to provide their name and show appropriate identification to a College Official upon request. Therefore, students are required to carry their College issued identification cards when they are on campus or in- residence halls.

The following behaviors are prohibited:

• Falsely identifying oneself to others (including, but not limited to showing an identification other than a student’s own); and
• Possession, production, or distribution of false identification cards, or materials to fabricate such, is illegal and strictly prohibited. Any false identification cards found to be in the possession of students or guests will be confiscated and may result in referral to law enforcement.

4. Guest Expectations

Guests are defined as any individuals who visit any College facility or event (main campus, residence hall, etc.) who are not College students, faculty, or staff. All students are responsible for the actions of their guests for any violations committed on College premises, or at College-sponsored or supervised functions. Students are also expected to take reasonable action to prevent their guests from violating College policies.

5. Unauthorized Entry to or Use of College Facilities or Resources

The unauthorized use of or entry into any College facilities, including computer systems or fields, whether by force or not, is prohibited. Use of College facilities must be approved by the appropriate administrator, usually the campus Dean of Students or designee.

6. Monitoring or Recording

Any unauthorized use of electronic or other devices to surreptitiously make an audio, video, photographic, or digital record of any person without their prior knowledge or without their effective consent when such a recording is likely to cause injury or distress. This includes but is not limited to surreptitiously taking pictures of another person in a locker room, shower stall or restroom.

7. Lewd and Indecent Behavior

Lewd and Indecent Behavior includes but is not limited to: 

• Urinating or similar toileting bodily functions in areas other than toilets and urinals (including lawns, lounges, elevators, stairwells, balconies, parking lots, etc.)
• Public nudity
• Sexual contact in a public or common area; and
• Public viewing or displaying of pornography.

8. Use, Possession or Distribution of Prohibited Substances

Includes but not limited to substances covered under the College’s Drug and Alcohol Policy

• Alcohol: Use, consumption, possession, furnishing, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by the College), open containers, or public intoxication is prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age.
• Drug Use and/or Possession: Any drug-related violation of College policy will be considered a violation of the  Drug and Alcohol Policy:
• Students may not use, be under the influence of, possess, distribute, or be knowingly in the presence of narcotics or other controlled substances except as expressly permitted by law.
• Cannabis, tetrahydrocannabinol derivatives, narcotics or other controlled substances may not be used, possessed, or distributed by students or guests while on College owned or controlled property in accordance with the Federal Drug Free School and Communities Act.
• Conduct related to the use of drugs where the individual becomes a disruption to the community is prohibited.
• Tobacco Use/Smoking/E-cigarette/Vaping Devices: The use of tobacco products or e-cigarette/vaping devices shall be prohibited on College grounds and in College buildings, facilities, vehicles, and spaces leased by the College. The use of tobacco products or e-cigarette/vaping devices shall be permitted in private vehicles parked on College property provided any residue is retained within the vehicle.

9. Endangerment of Person(s)

Conducting oneself in a manner that threatens or endangers the health or safety of a person, group of people, or visitors within the College community or at College sponsored or related events is prohibited. 

Examples include but are not limited to: 

• Hazing. Any activity that humiliates, degrades, abuses, or which endangers the mental, emotional, or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in an organization or team whose members are or include students at the College. Hazing can occur regardless of the person’s willingness to participate. Note: A person and/or student group/organization commits a hazing offense if they engage in hazing; solicit, encourage, direct, aids, or attempt to aid another engaging in hazing; or intentionally, knowingly, or recklessly permit hazing to occur.
• Any act of violence or threat of violence
• All physical abuse including physical assault and/or battery as well as any domestic disputes, dating violence, hate crimes, and/or child abuse.

10. Retaliation

Retaliation against any person or group who makes a complaint, cooperates with an investigation, or participates in a resolution process is a violation of College policy.

Retaliation can take many forms, including continued abuse or violence, bullying, threats, and intimidation. Any individual or group of individuals, not just a complainant or respondent, can engage in retaliation. Retaliation should be reported promptly to the Student Conduct Officer and may result in disciplinary action independent of any sanction or interim measures imposed in response to the underlying allegation of misconduct.

11. Disruption 

Disruption includes but is not limited to:

• Disruption or obstruction of teaching, research, administration, or other College activities on or off campus, or other authorized non-College activities, when the act occurs on College premises.
• Leading or inciting others to disrupt scheduled and/or normal activities associated with the operation of the College, intentional obstruction that unreasonably interferes with freedom of movement on campus.
• Obstruction of the free flow of traffic on College premises or at College sponsored or supervised functions.
• Blocking entryways to buildings, rooms, sections of buildings or of hallways or stairways in such fashion that people find it difficult or impossible to pass.
• Noise-making or other physical behavior which is so distracting that it is difficult or impossible to conduct a class, meeting, or any other authorized event.

12. Solicitation and Posting 

All selling and soliciting of merchandise and services on campus and in-residence halls is prohibited. Also prohibited is the advertising of such solicitation or sale, as well as any posted materials in common areas that are not specifically approved as required by the College Posting Policy.

13. Theft 

Theft includes but is not limited to:

• Attempted or actual theft of College property or services or property belonging to any member of the College community.
• The unauthorized possession of stolen property or services or property belonging to any member of the College community.
• Unauthorized use or abuse of computer time and/or computer systems, information, passwords, or computerized data.

14. Gambling

Students are expected to abide by federal and state laws prohibiting illegal gambling. Prohibited activity includes, but is not limited to: betting on, wagering on, or selling pools on any event; possessing on one’s person or premises, any card, book, or other device for registering bets; knowingly permitting the use of one’s premises or one’s telephone or other electronic event; and involvement in bookmaking or wagering pools with respect to the events.

15. Motorized Transportation

Students are not allowed to use hoverboards or self-propelled scooters on College property.

16. Damage and/or Vandalism to Property

Any action that causes damage or which would tend to cause damage to property owned, leased, or controlled by the College or property of a member of the College community or other personal or public property. This includes but is not limited to leaving a space in a state of disarray and leaving trash behind.

17. Fire Safety Standards

Fire escapes, ground-level and rooftop fire doors, fire hoses, extinguishers and alarm equipment are to be used only in emergencies. Tampering with or misuse of these emergency devices or blocking of fire exits or other means of impeding traffic is prohibited.

The following behaviors are prohibited:

• Arson: Committing acts of arson, creating a fire hazard, or unauthorized.
• Possession or use of flammable materials or hazardous substances.
• Failing to evacuate a College building during fire and/or emergency alarms or re- entering the building before all clear sign is given.
• Possessing and/or using candles, incense, oil lamps, helium tanks, and other combustible and/or flame producing items in any campus area or building.
• Possessing and/or using of fireworks (including firecrackers), CO2 cartridges, explosives, chemicals, and other hazardous materials.

VI. PROCEDURES

Procedural fairness is basic to the proper enforcement of College policies and procedures. No final sanction may be imposed against a student until the student has been notified in writing of the complaint against them and the student has been given the opportunity to be heard.

This section of the Code describes the procedures for the Student Conduct proceedings at the College. The Student Conduct Officer (SCO) (or designee), in consultation with the Dean of Students or designee, is the primary administrator in the Student Conduct process.

1. Initiating Conduct Process

Any person may file a report against a student for the alleged violation of this Code. The report should be submitted to the SCO as follows: online using form created for this purpose, via email, in person, via telephone, or by mail. Reports are encouraged to be made as soon as possible after the incident takes place. Anonymous reports are reviewed, but the College may be limited in its ability to respond to anonymous complaints.

The SCO will conduct an initial review to determine if there are reasonable grounds to believe a violation of the Code may have occurred. The initial review may include gathering relevant evidence and interviewing involved parties and witnesses without formal notice. The CSCO will determine the next steps in the process (Informal or Formal Resolution), which may include moving forward with adjudication under these procedures, referral to another authority, or another action deemed reasonable. The SCO has discretion to initiate conduct proceedings for all reported behaviors, regardless of time or occurrence, based on the nature of and totality of the circumstances. If such grounds do not exist, the SCO may dismiss the reported complaint.

2. Notice of Allegations

Should the SCO move forward, the allegations will be sent to the Respondent to their College email account and will include: a link to a copy of the Cord, the specific student code of conduct violation(s) alleged (may also include other policies), a brief description of the conduct on which the violations are based, the student’s rights, information on a scheduled meeting with the SCO, and the chosen method of resolution.

The following information will be conveyed to any student facing conduct charges:

1. Students will receive a fair and impartial resolution process in accordance with the requirements of this Code.
2. Students will be notified in writing of the alleged violations against them and the alleged misconduct upon which the charge is based.
3. Students may decline to make statements in response to the allegations. Declining to make a statement will not be construed as an admission of responsibility. 
4. Students may be assisted by an advisor of their choice and at their expense at any time throughout the conduct process. The advisor may be present but may not speak for or present the case for the student, or otherwise participate directly in any meetings or other proceedings. It is the student’s responsibility to make appropriate arrangements for the advisor to attend scheduled conduct proceedings. Students who plan to bring an advisor to a meeting should notify the SCO at least 48 hours in advance, providing the name of the advisor, and the advisor’s relationship with the student (friend, relative, attorney).  Students should also inform advisors of their limited role in the conduct process.  
5. Students may present relevant information and witnesses.
6. Students will be considered not responsible for the alleged conduct violation until found responsible by a preponderance of the evidence presented during the proceedings.
7. The right to privacy, in accordance with the terms of the Federal Family Educational Rights and Privacy Act (FERPA).
8. The accused student will be notified in writing of the decision.
9. The accused student may appeal the determination of responsibility in accordance with the requirements of the Code.

Following notice of allegations, the SCO may set up a meeting with the Respondent. The meeting with the SCO gives the Respondent the opportunity to respond to the notice, learn about the resolution process, present any information for consideration, and provide the names of any witnesses. If the Respondent does not participate in the initial meeting, the SCO will continue to the next step of the review process without the student’s input.

3. Interim Action 

At any time prior to a final decision regarding a violation of the Cord (or other College policies), the SCO may impose restrictions on a student or separate the student from the College community pending the final outcome. 

Other than the issuance of no-contact orders, an interim action issued prior to a resolution may only be imposed when:

1. The SCO determines that the student represents a threat of harm to any person or the College community.
2. The action may be necessary to preserve the integrity of the investigation.
3. The action is necessary to preserve College property or prevent disruption of, or interference with College operations.

Interim actions may include, but are not limited to, the following:

• Suspension from the College pending a final complaint outcome.
• Issuance of a no-contact order.
• Exclusion from College property. 
• Removal from Campus housing.
• Removal from extracurricular activities.
• Withholding the award of a degree pending the conclusion of the investigation and resolution process.
• Requesting class section or other academic accommodations.
• Any other action deemed necessary and appropriate by the SCO to maintain orderly and appropriate College operations.

Alternate coursework may be approved in the event a student is suspended pending the final outcome. Interim actions will be issued in writing to the appropriate party.

A violation of the provisions of an interim action may be considered a violation of prohibited conduct.

4. Informal Resolution

The utilization of informal resolution efforts (including, but not limited to mediation) may be undertaken at the discretion of the SCO with the consent of the parties involved. A written agreement to the terms of the resolution from such efforts will be prepared by the SCO and accepted by mutual consent of the Respondent, Complainant, and SCO (as applicable). Such a disposition will be final, and no further action will be taken related to the matter for which the initial complaint was filed. Informal Resolution decisions are not subject to appeal procedures. A Respondent may accept responsibility for the alleged violations as part of the Informal Resolution process. Failure to adhere to the terms of a resolution agreement subjects a party to new conduct charges. The SCO reserves the right to change to Formal Resolution at any time during the Informal Resolution process.  

5. Formal Resolution

If an alleged violation of prohibited conduct is not addressed through other appropriate channels, is not dismissed, or is not resolved through Informal Resolution, then the CSCO may proceed with the Formal Resolution process options as outlined below. Upon receipt of the Notice of Allegations, the Respondent may request the matter be first resolved via Informal Resolution or moved to Formal Resolution. The SCO will have the discretion to determine the resolution option, including referring the matter to Formal Resolution.

Formal Resolution decision by SCO

a. Initial Review and Investigation – Initial review is part of the overall investigation related to Formal Resolution. The Respondent will be given the opportunity to respond to the complaint, provide information relevant to the charges including but not limited to documents, emails, texts, photos, and the names of the witnesses. The SCO will gather all pertinent information related to the claim and meet with the Respondent and any other parties. The Respondent may voluntarily accept responsibility.

Acceptance of Responsibility – If a Respondent accepts responsibility for alleged violation(s) of prohibited conduct, the SCO will send correspondence to the Respondent within ten (10) business days detailing what, if any sanctions, have been imposed.  If the Respondent accepts responsibility, they are ineligible for an appeal.

b. Determination of Responsibility – Should the Respondent not accept responsibility for the violation(s) of prohibited conduct, the SCO will review all relevant information gathered during the initial review and investigation. The SCO will determine as to whether the Respondent violated the Code using a preponderance of the evidence standard (more likely than not). The Respondent will be notified of the outcome via correspondence to their College email address. In the event a Respondent is found responsible for a violation, sanctions may be imposed on the student which will be outlined in the outcome notification. The Respondent may appeal the outcome per the procedures listed in this Code below.

6. Sanctions/Outcomes

The following list of sanctions/outcomes may be imposed upon any student found to have violated the Student Code of Conduct. More than one of the sanctions/outcomes listed may be imposed for any single violation.

• Warning – a notice to the student that their actions were inappropriate and that they must act more responsibly in the future. A warning also indicates that should the individual again be referred for disciplinary action, their prior disciplinary history will help determine any future sanctions.
• Disciplinary Probation – a notice to the student that their actions are of a serious nature within the College community. Probation shall be for a designated period of time and includes the probability of more sever disciplinary sanctions if the student is found to be violating any College policies during the probationary period.
• Loss of Privileges – denial of specified privileges for a designated period of time. This may include, but is not limited to, participation in co-curricular organizations and activities, and access to College facilities, loss of guest privileges, and removal from the Residence Hall.
• Restitution – compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
• Educational/Restorative Sanctions – work assignments, essays, service to the College, community service, workshops, or other related educational assignments.
• Deferred Suspension – a definite period of observation and review. If a student is again found responsible for any further College policy violations including failure to complete previously imposed sanctions or adhere to previously imposed conditions, the student will be automatically suspended for a minimum of one semester.
• Disciplinary Suspension – separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
• Disciplinary Expulsion – permanent separation from the College without the opportunity to return.
• Revocation of admission – Admission to the College may be revoked.
• Revocation of degree – A degree awarded by the College may be revoked.
• Withholding of degree – The College may withhold awarding a degree otherwise earned until the completion of all outcomes from the Student Conduct process are imposed.

7. Appeal

Within five (5) business days after the date of the SCO or written decision, the Respondent may appeal. 

The appeal can be sent via email to the Dean of Students and is limited to the following grounds:

• A procedural error that materially impacted the outcome of the matter.
• New information that was not available at the time of the initial investigation or during the proceeding relevant to the case that would likely have substantially impacted the original finding or outcome if known.
• A conflict of interest by a decision maker that materially impacted the outcome of the matter.
• The sanction is substantially disproportionate to the severity of the violation.

The Appeal review will be limited to a review of the decision, and any evidence or materials considered in the decision. The Dean of Students will render their decision within ten (10) business days of receiving the appeal. The appeal determination may uphold the original decision, reverse the original decision, or revise the sanction.

VII. Transcript Notation