STUDENT LIFE POLICY
ARTICLE I
PREAMBLE
The student’s behavioral record will very likely be as important a consideration as the student’s academic record in influencing future opportunities. Just as postgraduate schools and employers will want to know grades earned so, too, will they want to know what sort of citizen the student was while enrolled. Therefore, the student should be conscientious about both the behavioral and academic records achieved in the university. Beginning with the Fall semester, 1986, Concord University will mail grades and disciplinary reports of “dependent” students to their parents. All students are assumed “dependent” unless they establish their “independence” with the University. In the event students want to declare themselves “independent,” they must furnish to the Registrar their 1040 forms or some other conclusive documents which officially establish their “independence.”
Concord University has developed the following procedures, regulations, and policies to describe the general bounds of student responsibility for behavior. The system is intended to serve as a guide for the conduct of students and to ensure fair and equitable treatment to all, whether they are full members of the community or visitors. In other words, the system is intended to provide safeguards for each individual and, at the same time, protect the rights of all persons. Students must recognize that the privileges and membership in the University community necessitate acceptance of commensurate responsibilities both for themselves and the community.
ARTICLE II
CODE OF CONDUCT
The primary responsibility of the University for student conduct is the maintaining of order and protection of property in the service of all students, faculty and staff in as pleasant an atmosphere as possible. The Code of Conduct has been established to promote
the achieving of education, not only in the classroom, but in all aspects of University life, including residence halls, activities, athletics, and student government functions. The Code will be subject to periodic review so that it will remain appropriate to current conditions on the campus.
Concord University policies and procedures have been developed in accordance with the Policies, Rules, and Regulations Regarding Student Rights, Responsibilities and Conduct in West Virginia State Universities and Colleges, adopted by the West Virginia Higher Education Policy Commission. A copy of this is provided within this publication.
The University retains the right to institute such policies and procedures as it deems necessary to meet and maintain the aforementioned goals so long as such policies are publicily available to all students in the form signs that are prominently posted, or printed media.
ARTICLE III
BEHAVIORAL STANDARDS
The jurisdiction of Student Life policies shall be the building(s)
and facilities in which they are enacted and the surrounding,
University owned property, and shall be in effect at all time on
University property and also at any University sponsored event off-campus. In some circumstances, including felonies or other acts that constitute criminal offense and which directly and seriously threaten the health and/or safety of the members of the campus community, the University reserves the right to apply its
behavioral standards to students off-campus. In such cases as
where the Universities jurisdiction and other entities jurisdiction
overlap, both are acting as independent entities and the ruling of
one jurisdiction shall not be used as the basis for the other.
1. Definitions- The following terms are referenced in this Article and are defined as follows:
a. Gambling Behavior: playing games of chance or betting items of value in the hope of winning other items of value.
b. Habitual Offender: Any student found in violation of offenses set forth in Article III of the Student Life Policy on three (3) occasions in one (1) academic year, four (4) occasions in two (2) academic years, or five (5) occasions during enrollment at the University, regardless of whether enrollment is continuous, shall be considered a habitual offender.
c. Hazing: “Hazing” refers to any activity expected of someone joining a group (or to maintain full status in a group) that humiliates, degrades or risks emotional and/or physical harm, regardless of the person’s willingness to participate.
d. Littering: to dispose of refuse in a place other than a designated container such as a trashcan or recycling bin.
e. Resident: A person who resides in a Concord University residence hall pursuant to a valid contract between housing and the student.
f. Credible threat: A threat to the health or welfare of another that is issued by a declarant who appears to have the ability and the intent to act upon it.
2. Published Rules and Regulations-Any person who acts in violation of any rule or regulation that has been posted and/or published in accordance with Article II shall be found in violation of this section.
3. Violation of a Criminal Statute-Any student who violates any section of the general statutes of West Virginia on the premises of the University or at any University sponsored event or function that takes place off campus shall be found in violation of this section.
4. Assault and Battery
a. Assault-any person who invokes immediate fear or apprehension of physical harm in another regardless of the capacity of the person do such harm shall be found in violation of this section.
b. Battery-any person who willfully and intentionally causes physical harm to another or intentionally touches another in an offensive manner shall be found in violation of this section.
c. Exception to Battery: Any person who in the course of defending his or herself from battery does so batter another shall not be found in violation of section 4(b) so long as the means of defense employed by the defender are not excessive when compared to means of battery employed by the batterer.
5. Misuse or Damage of Property-Any person who misuses, vandalizes or maliciously damages any property on campus or at a campus-sponsored event that does not belong to that person shall be found in violation of this section.
6. Disruption of Activities-Any person who intentionally disrupts or obstructs teaching, research, administrative proceedings, or any other campus-based or university-sanctioned activity shall be found in violation of this section.
7. Theft
a. Theft in General-Any person who steals property from the University, from any person on university property, or from any person during the course of a university- sanctioned event shall be found in violation of this section.
b. Wrongful Possession-Any person found in possession of stolen property who is aware that they are in possession of such property shall be found in violation of this section.
8. Any student who engages in academic dishonesty as outlined in the University Academic Dishonesty Policy (pg. 223-224) shall be found in violation of this section.
9. Failure to Cooperate with Staff-
a. Noncompliance-Any person who fails or refuses to comply with directions or instructions of student or institutional officials acting in performance of their duties in or in the vicinity of the building(s) or facilities in which those duties are to be performed, or at a campus sanctioned event where Resident Assistants are sanctioned to act in their capacity as such, shall be found in violation of this section.
b. Verbal Abuse of campus official-Any person who verbally abuses campus officials in their presence while they are executing their duties as such shall be found in violation of this section.
10. Alcoholic Beverages -
a. Any person under the age of twenty-one (21) who consumes alcoholic beverages in any residence hall shall be found in violation of this section.
b. Any person in a residence hall found to be in possession of any type of alcoholic beverage other than beer shall be found in violation of this section.
c. Any resident who is at least twenty-one (21) years old who has a roommate under the age of twenty one (21) may not possess any alcoholic beverages in their room. Any resident who fails to comply with this provision shall be found in violation of this section
d. Any resident who is found to have more than six (6) cans or seventy-two (72) fluid ounces of beer in their possession while in a residence hall shall be found in violation of this section.
e. Any person found to be in possession of beer that does not conform to West Virginia law shall be found guilty of this section.
f. Beer may only be conveyed to a room in sealed containers only and must be carried in a container that completely conceals its contents. Any person who fails to comply
with this provision will be found in violation of this
section.
g. A resident who may lawfully consume beer according to the criteria set forth in this section can only do so in their own room with the door closed. Any student who fails to comply with this provision shall be found in violation of this section.
h. Any person who provides alcohol to another person who is under the age of twenty-one (21) shall be found in violation of this section.
11. Possession of Drugs and Narcotics -Any student who is found to be engaged in the use, possession, or distribution of drugs and/or narcotics that have not been prescribed to the student on University property or at any University sanctioned event shall be found in violation of this section.
12. Disorderly Behavior-Any person who exhibits disorderly conduct such as abusive, indecent, obscene, or excessively noisy behavior or language on university property shall be found in violation of this section. Each student is held responsible for his or her own conduct and that of his guests, invited or uninvited, as well as any damages to University property.
13. Weapons
a. Possession of a Weapon-Any person found to be in possession of firearms, ammunition, fireworks of any kind, explosives or any article calculated to injure or discomfort any person and who possesses any such article on campus or at any university-related function shall be found in violation of this section.
b. Use of a Weapon-Any person who uses or discharges any weapon or article conforming to the criteria established in section 13(a) shall be in violation of this section.
c. Brandishing-Any person who brandishes any item that does not comport with the criteria established in section,
but brandishes it in such a manner that it invokes
immediate fear or apprehension of physical harm in
another and has the potential to cause harm shall be found
in violation of this section.
14. Hazing-Any person or persons in a group who engage in hazing as defined in Section 1(c) of this Article shall be found in violation of this section.
15. Gambling-Any student who engages in any gambling behavior as defined in section 1(a) shall be found in violation of this section.
16. Items Thrown from Window-Any student who throws, drops, or otherwise propels any item out a window on university property shall be found in violation of this section.
17. Littering-Any person who litters campus property as defined in section 1(d) of this Article shall be found in violation of this section.
18. Possession of Keys-Any person found to be in possession of any key to the university which that person is not authorized to have shall be found in violation of this section.
19. Student Identification Cards-Any student who fails to present their university identification card when asked to do so by a university official shall be found in violation of this section.
20. Furnishing False Information-Any student who knowingly, willfully, and with intent to deceive furnishes the university or its officials with false information, by means of forgery, alteration of documents or use of university documents or instruments of identification shall be found in violation of this section.
21. Trespass-Any student who makes an unwarranted or uninvited entry into any room, building or facility shall be found in
violation of this section.
22. False Alarm/Reporting-any student that intentionally and falsely reports that a bomb or other explosive has been or will be placed on university property or activates an alarm without cause shall be found guilty of this section.
23. Safety/Security-
a. Any person who willingly and knowingly creates any form of threat to the health, welfare, or safety of a person or persons shall be found in violation of this section.
b. Any person who misuses, tampers with, or otherwise disturbs any fire equipment including but not limited to fire extinguishers, fire alarms, fire hoses, or thermal detectors shall be found in violation of this section.
c. Any student who fails to evacuate a building through the nearest approved fire exit upon the sounding of a fire alarm or re-enters a building prior to authorization to do so shall be found in violation of this section
d. Any person who wedges open a fire door or otherwise keeps it from closing shall be found in violation of this section.
24. Obstruction of Justice
a. Obstruction-Any student who prevents or attempts to prevent evidence from being offered in any University judicial proceeding shall be found in violation of this section.
b. False Testimony-Any student who deliberately lies or offers false testimony before any University judicial panel shall be found in violation of this section.
25. Contempt of Court-Any student or student official who commits any of the following acts shall be found in violation of this section:
a. Failure to comply with or perform disciplinary measures imposed by any university judicial panel.
b. Failure to comply with the lawful instructions of any
university judicial panel.
c. Disruption of hearing procedures.
d. Failure to answer a lawful summons or subpoena when such notice is given at least 48 hours in advance.
e. Any act hindering the function of the Court.
26. Accessory
a. Any person who aids, abets, or incites another student to violate any provision set forth in Article III of the Student Life Policy shall be found guilty of this section.
b. Any person who is present during a violation of a criminal statute as defined in Section 3 of this article and is aware that such a violation is occurring shall be found in violation of this section.
27. Computer Misuse-Any student found to be in violation of the Concord University Computing policy (www.concord.edu go to “About Concord” then to “Policies”) shall be found in violation of this section.
28. Stalking-Any person who willfully and repeatedly follows and harasses a person with whom he or she has, has had, or seeks to establish a personal or social relationship with, shall be found in violation of this section.
29. Threatening-Any person who issues a credible threat as defined in Article I, Section f, against another shall be found in violation of this section.
ARTICLE IV
SANCTIONS
The range of disciplinary action which may be invoked as a
consequence of rule infractions, either by individuals or groups,
varies from a warning to expulsion from the University. The
action depends largely upon the severity of the infraction;
consistent penalties will be applied in similar cases, but each case
will be considered according to the circumstances of the offense,
except where there is repetition of similar violations. Sanctions
will go into effect three (3) days after the hearing, or upon written
notification from the Office of Student Affairs, unless the decision
is under appeal.
1. Expulsion-Expulsion from the University with notation on the
student’s permanent record. Expulsion is the termination of all
student status, including any remaining right or privilege to
receive some benefit of recognition or certification and
readmission, if any, may be stated on the order. After the student
is expelled, he/she is not allowed on campus except with the prior
consent of the Chief Student Affairs Officer or the Director of the
Office of Public Safety, and then only to conduct business with an
officer of the University. As the most severe penalty imposed,
Expulsion carries the presumption of finality.
Offenses for which the penalty otherwise would be suspension,
committed either while the student is on probation, or by a student
who has been suspended, can be expected to result in dismissal.
2. Suspension- A student or organization which has been suspended from the University may apply for re-admission at the end of a specified period. Re-admission, however, is not automatic. Notice of the suspension is placed on the student’s permanent record in the Registrar’s Office and also sent to the parents. After the student is suspended, he/she is not allowed on campus except with the prior consent of the Chief Student Affairs Officer or the Director of the Office of Public Safety to conduct business with an officer of the University.
3. Full Restrictions- Full Restrictions allow you to go to class, eat in the cafeteria, reside in the residence halls, use the Library facilities, and participate in anything for which you are going to receive academic credit. You may also participate in any Work Study position. On Full Restrictions, you may NOT do the following:
A. Use the Student Center Game room. Use of the Student
Center is restricted to eating in the cafeteria, snackbar,
checking a mailbox, and conducting business in the Bookstore or offices. All other uses are prohibited and restricted.
B. Receive visitors of the opposite sex in the residence halls.
C. Visit anyone of the opposite sex in the residence halls except in the main lobbies.
D. Attend or participate in Intramurals on or off campus.
E. Attend parties, dances, movies, i.e., any University related activities on or off campus.
F. Attend, participate, rehearse or practice in any athletic games/events, on or off campus.
G. Pledge or participate in activities with fraternity or sorority or any recognized University organization on or off campus.
When a student receives Full Restrictions and leaves the Concord campus and, therefore, cannot complete the required sanctions, the sanctions will remain in effect for one (1) year. If the student returns to the Concord University campus within that one-year period of time, he/she will have to serve out the remaining portion of his/her sanctions.
During this period when the student has left the campus, he/she may not appear on the Concord University campus except to conduct official business and only with the permission of the Chief Student Affairs Officer or the Director of Public Safety.
4. Probation- A student, or an organization, may be placed on disciplinary Probation for a specified period of time. Notice is also kept on file in the office of the Student Court and the Office of Student Affairs.
The fundamental implication of probation is the prospect of separation if further disciplinary action becomes necessary, as explained in the section pertaining to suspension and expulsion. Violation of the terms of probation, of offenses which otherwise would incur probation where the student or organization is currently on probation, can be expected to result in suspension.
Special restrictions may be added to Probation where appropriate to the offense, or to the individual, or student organization. (Some examples are: restrictions on visitation privileges; not being allowed to represent the University on an athletic team, debate team, etc.; reporting to the residence halls at specified hours; being prohibited from attending functions sponsored by the University or organizations of the University; having limitations placed upon access to the Student Center; being prohibited from having or using a vehicle on the University campus; being prohibited from holding office or appointed positions in campus organizations. This list is by no means inclusive.)
Organizations may also be placed on Probation, during which time their activities are restricted to regular meetings, with no social functions, public meetings, or other activities.
A student who leaves the University before completing a term of Probation is not allowed on campus except to conduct business with an office of the University for the term of Probation. Violation of this condition would be considered violation of the terms of Probation.
5. Official Warning-A written statement from the Chief Justice or University Administrator officially warning a student or an organization concerning behavior unacceptable to the University.
A copy of the warning is placed in the student’s file or the organization’s file in the Student Court Office and the Office of the Chief Student Affairs Officer.
Sanction Review-At the termination of two-thirds (2/3) of a student’s sanction, the student may petition for a release from the remainder of his or her sanction. A release may be granted on the conditions that: (a) the student has complied with the directions of his or her sanction; (b) the student has maintained good, overall conduct; and (c) no further violations whatsoever have been committed by the student. The request for a Sanction Review will be first handed to the Chief Student Affairs Officer, who will then give it to the hearing board that issued the sanctions (University Hearing Board or Student Hearing Board). The hearing board reviewing the appeal will then recommend its findings to the Chief Student Affairs Officer. The student is notified by mail of the decision made in regard to his or her petition or a release from the remainder of his or her sanctions.
ARTICLE V
PRESIDENT OF THE UNIVERSITY
In accordance with the West Virginia “Higher Education Policy Commission” policies, the President of the University is responsible for the administration of the policies, rules, and regulations applicable to the University. In turn, the President of the University delegates considerable authority and responsibility for such administration to the Chief Student Affairs Officer.
The University Hearing Board was created to establish a primary disciplinary body. The University Hearing Board has original jurisdiction in disciplinary matters, and receives appeals of recommendations of lesser disciplinary channels which may be created, such as the Student Hearing Board system. Members of the University Hearing Board are appointed by the President of the University.
The Student Hearing Board System is created as part of the Constitution of the Student Government Association. A judicial training program will be established for all members of the Housing and Residence Life Staff, the Public Safety force, and all members of the adjudication system. The program will be available once a semester and planned and conducted by the Chief Student Affairs Officer.
HEARING PROCEDURES
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ARTICLE VI
PROCEDURES FOR HEARINGS ON VIOLATIONS OF STUDENT LIFE POLICY
1. Judicial Steering Committee
a. Alleged violations of Student Life Policy must be reported to the Director of Housing and Residential Life and/or the Chief Student Affairs Officer. Residence Life staff
members and Public Safety Officers should, whenever
possible, inform students that charges are being brought
against the student.
b. The alleged violations will be screened by the Judicial Steering Committee, composed of the Chief Justice of the
Student Hearing Board, and the Advisor of the Student
Hearing Board and one at large member.
c. The Judicial Steering Committee will determine whether the case should be docketed with the University Hearing Board or whether the accused student should be given the choice of a Student Hearing Board or an Administrative Hearing.
d. The student will then be notified of the decision of the Hearing Boards by receiving a Notification of Charges and what options are available to the student for adjudication of the charges. The alleged offender must notify either Hearing Board if the student is unable to attend the hearing at least 24 hours in advance.
2. University Hearing Board
a. When the Judicial Steering Committee feels that the charges, if upheld, would likely result in the accused student being suspended or expelled, the charges are sent to the University Hearing Board. The student will be notified of the charges and the time and place of the University Hearing Board.
b. The University Hearing Board hears all cases which can be expected to result in Suspension or Expulsion if the student is found guilty.
c. The University Hearing Board makes recommendations to the Chief Student Affairs Officer.
d. Appeals of the decisions of the University Hearing Board may be made to the Chief Student Affairs Officer. If the student does not complete the sanctions issued by his/her University Hearing Board or is charged with further violations, while under these sanctions, every effort will be made to have the student appear before the original University Hearing Board.
e. If the student does not complete the sanctions issued by his/her University Hearing Board, or is charged with further violations while under these sanctions, every effort will be made to have the student appear before the original University Hearing Board for further sanctions or dismissal.
f. If the student does not either appear before or respond to the Student Hearing Board, he/she will be found guilty.
3. Student Hearing Board/Administrative Hearing
a. Students whose cases will be heard by either the Student Hearing Board or by an Administrative Hearing will receive a Notification of Charges and be given the options they have for the adjudication of the charges.
b. Options:
i. The student may wish to enter a guilty plea and waive the right to regular hearing. If the student chooses this option, the student can appear at the Student Hearing Board at the time and place stated on the Notification of Charges. At the stated time and place, the student will receive the sanctions recommended by the Student Hearing Board. The student would have the right to appeal the sanctions to the Student Supreme Hearing Board and then to the University Appeals Board.
ii. The student may elect to have the case heard by an Administrative Hearing. To exercise this option, the student must notify the Chief Student Affairs Officer prior to the time stated on the Notification of Charges for the student to appear before the Student Hearing Board. The Chief Student Affairs Officer will then schedule an Administrative Hearing. The decision of the Administrative Hearing can be appealed to the University Appeals Board.
iii. The student will receive notification from the Chief Justice of the charges, and a summons including the time and place to appear before a regular Student Hearing Board. The summons to appear must be sent to the student at least three (3) working or class days prior to the hearing. At the hearing there will be a presentation of evidence and testimony.
c. Appeals
4. APPEALS BOARD
The members of the Appeals Board will be appointed annually by the President or his designee. The Appeals Board will consist of one administrator, one faculty member, and one student. The Board’s function will be to determine the legitimacy of all disciplinary appeals.
5. Hearing Procedure
a. A student found guilty on any level of the system (Student Hearing Board, Student Supreme Hearing Board, Administrative Hearing, University Hearing Board, or the Chief Student Affairs Officer) would have the right to file an appeal within three (3) days. The student requesting an appeal must base the appeal upon questions of due process, appropriateness of the sanction, and/or new evidence in order to be granted a hearing at the next level of the system. In any case, the burden of proof is on the student to demonstrate that there are sufficient grounds for an appeal. The Appeals Board must review the request within one (1) week and determine whether there are grounds to grant a hearing to the next higher level of the system.
b. All sanctions can be appealed to the University Appeals Board.
If the student wishes to appeal their decision to the Chief Student Affairs Officer, then the President of the university or his designee will hear the appeal. Should the student wish to appeal further, the process will be explained by the Vice-President for Student Affairs and Staff.
c. Students wishing to appeal should contact the Office of Student Affairs to begin their appeal process. If there is no appeal, the sanctions will go into effect after three (3) days from the date of the Court’s decision. Sanctions will not be implemented, if an appeal is made to the University’s Appeals Board. If the Appeal Board denies the appeal, all sanctions will go into effect.
ARTICLE VII
LESSER COURTS WITH RESTRICTED JURISDICTION
The Student Hearing Board, with jurisdiction defined by the Student Court, may recognize lesser courts such as residence hall hearing boards, to handle minor offenses. These boards must provide due process for the protection of student rights. They will be responsible to the Student Hearing Board; all cases are subject to review by the Student Hearing Board.