Student Code of Conduct

SECTION 1: GENERAL

1.1     Purpose: To establish written rules, regulations, and procedures concerning student conduct and discipline for Fairmont State University, hereinafter referred to as “University.”

1.2     Authority: W.V. Code §18B-1-6; §18B-2A-4.

1.3     Scope: This code applies to all students associated with Fairmont State University under the authority of the Fairmont State University Board of Governors.

SECTION 2: DEFINTIONS

2.1     The term “University” means Fairmont State University and any of its satellite campuses.

2.2     The term “student” includes all persons taking courses part-time, pursuing non-degree and certificate, undergraduate, graduate, or professional studies.  Persons who are not officially enrolled, but who have a continuing relationship with the University are considered “students” as are persons who are living in the residence halls, although not enrolled in the institution. 

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

2.4     The term “member of the University community” includes any person who is a faculty member, official, or any other person employed by the institution.

2.5     The term “University premises” includes all land, buildings facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).

a)     This Student Code of Conduct shall apply to all conduct that occurs on the University premises and University sponsored activities;

b)     To conduct that does not occur on University premises but adversely affects or interferes with the educational or orderly operation of the University, its mission, or the pursuit of its objectives;

c)     To conduct that does not occur on University premises but, in light of all the facts and circumstances, would endanger the health, safety, or property of the University, the University Community, or its neighboring communities;

d)     To conduct that occurs on or off of University premises or property which violates federal, state, or local laws, policies of the Fairmont State University Board of Governors, institution or campus rules or regulations, directives of University Officials, including failing to observe standards of conduct which are appropriate for an academic institution.

2.6     The term “Director of Student Conduct, or designated representative”, formerly referred to as the Campus Judicial Officer, is the person responsible for the administration of the Student Code of Conduct.  The Director of Student Conduct is charged with the responsibility of conducting initial hearings pursuant to the complaints of student misconduct and taking appropriate disciplinary actions in those instances’ students have been found “responsible.”  The Director of Student Conduct shall be available to assist any student, student organization, staff member, faculty member, or administrator in understanding and applying the Student Code of Conduct.

2.6.1     The Office of Student Conduct shall be the official repository for all conduct-related materials concerning students associated with the main campus of the University.  Requests for conduct related materials concerning students associated with the main campus of the University should be made to the Office of Student Conduct who is the custodian of such materials.

2.6.2     The Director of Student Conduct is charged with the following duties, which shall be undertaken in a manner to ensure the fair administration of this Student Code of Conduct:

a)     Advise any group or individual within the University wishing to bring charges against one or more students;

b)     Inform any student against whom charges have been brought of substantive rights, due process rights, and procedures forthcoming, including the rights of appeal;

c)     Advise the appropriate hearing body and assist in setting up the hearing should a hearing be requested by the accused being certain that all conditions of the Student Code of Conduct and Fairmont State University for such procedures are met;

d)     Prepare all papers necessary for the hearing and outcome from the hearing for appropriate dispensation and signature;

e)     Assist in the appointment of the hearing body and provide and/or coordinate training opportunities as appropriate;

f)     Attend hearings, present the facts and information obtained from the investigation on behalf of the University, ask questions of witnesses, and have administrative responsibility for maintaining all confidential files, audio recordings, other electronic media, and documents which result.

g)     To conduct from the time of application for admission through the actual awarding of a degree, even if conduct occurs before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment, is subject to the Student Code of Conduct.  The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending, and even if the student’s conduct is not discovered until after a degree is awarded.

2.7     The term “procedure” is defined as the written regulations of Fairmont State University as found in, but not limited to, the Student Code of Conduct, Residence Hall Guide to Success, the institution’s web pages, and Graduate/Undergraduate Catalogs or successors.

2.8     The term “complainant” means a person who submits a charge alleging that a student violated this Code.  When a student believes that s/he has been a victim of another student’s misconduct, the student who believe s/he has been a victim will have the same rights under this Code, even if another member of the University community submitted the charge itself.

2.9     The term “accused” means any student accused of violating this Code.

SECTION 3: PROHIBITED CONDUCT

3.1     General: All students of the University and, to the extent applicable, all student organizations are expected and required to obey federal, state, and local laws, to comply with the policies of the Fairmont State University Board of Governors, with institutional or campus rules and regulations, with directives issued by any University official, and to observe standards of conduct appropriate for an academic institution.

3.2     Specific Acts: A student and, to the extent applicable, any student organization that commits any of the following acts in subject to action by the University under the Student Code of Conduct:

a)     Sexual Misconduct. “Sexual Misconduct” is defined in Fairmont State University Board of Governors Policy GA-01: Rule Regarding Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Misconduct, Stalking, Retaliation, and Relationships.  In summary, it means “Sexual Assault” or “Sexual Exploitation.”

b)     Prohibited Drug-Related Conduct. “Prohibited drug related conduct” means (1) possessing; (2) manufacturing; (3) producing; (4) distributing; (5) selling; (6) possessing with the intent to distribute or sell; or (7) being under the influence of any illicit drug, synthetic drug, or other controlled substance.  It also means (8) using any prescribed drug in a manner inconsistent with the prescription; (9) driving or operating a vehicle while under the influence of any illicit drug, synthetic drug, or other controlled substance; or (10) intentionally or recklessly inhaling ingesting, or using in any manner inconsistent with its purpose any chemical, liquid, substance or other compound.

c)     Prohibited Alcohol-Related Conduct. “Prohibited alcohol related conduct” means being a student (1) under the age of twenty-one, who consumes or possesses alcohol; (2) who gives alcohol to a person under the age of twenty-one; (3) who drives or operates a vehicle while under the influence of alcohol; (4) who is in public or on University premises in an intoxicated condition; (5) who possess an open container of alcohol, regardless of their age, in or on any public sidewalk, street, or other place; or (6) failure of a student organization to take all necessary steps to ensure that no person under the legal drinking age is provided alcoholic beverages at a function it sponsors or within any property or transportation it owns, operates, or rents.

d)     Impermissible Burning.  “Impermissible burning” means (1) setting fire to; (2) causing a fire to be set to; or (3) aiding, inciting, enticing, or soliciting any person to set fire to furniture, vehicles, garbage, dumpsters, garbage receptacles, construction material, rubbish, debris, brush, or any other material, unless specifically permitted.  “Impermissible Burning” also means contributing or adding furniture, vehicles, garbage, dumpsters, garbage receptacles, construction material, rubbish, debris, brush, or any other material to a fire that has already been set, unless specifically permitted.

e)     Riotous Behavior and Hooliganism. “Riotous behavior and hooliganism” means participation in a disturbance of two or more persons acting with the common purpose to commit or incite any action that threatens, presents a danger to, or terrorizes the public. However, riotous behavior and hooliganism does not mean peaceful demonstrations, peaceful picketing, a call for a peaceful boycott, or other forms of peaceful dissent.

f)     Aiding, Abetting, Assisting, or Facilitating Prohibited Behavior. “Aiding, abetting, assisting, or facilitating prohibited behavior” means to be actively associated with or actively encouraging another person or persons whose behavior is in violation of this Student Code of Conduct, University policy, or the law.

g)     Attempting or Causing Physical Harm to Another. “Attempting or Causing Physical Harm to Another” means attempting to commit a violent injury to another person or committing an act that places another person in reasonable apprehension of immediately receiving a violent injury. It also means intentionally making physical contact of an insulting or provoking nature with another person or intentionally causing physical harm to another person. 

h)     Misconduct at University Athletic Events, Concerts, or Other Events. For purposes of this subsection only, “misconduct” means failing to follow event or venue rules or guidelines or interfering in any way with the athletic event, concert, or other event, including, but not limited to, throwing objects into a crowd, at another person, or onto a playing field, court, or stage, or acting in a manner that reasonably interferes with others’ enjoyment of the athletic event, concert, or other event. 

i)     Violation of Fairmont State University Board of Governors Policies, Institutional Rules and Regulations, or Campus Rules and Regulations. “Violation of Fairmont State University Board of Governors policies, institutional rules and regulations, or campus rules and regulations” means engaging in conduct that violates Fairmont State University Board of Governors policies, institutional rules and regulations, or campus rules and regulations, including any violation of published University housing and residence life rules or policies. A charge alleging a violation of a University policy, rule, or regulation shall identify the policy, rule, or regulation violated.

j)     Violation of Federal, State, or Local Law. “Violation of federal, state, or local law” means engaging in conduct that violates federal, state, or local law whether such conduct takes place on campus or off campus or whether civil or criminal penalties may also be imposed for such conduct. A violation of this provision is not predicated upon a final determination by a court of law. In other words, it is not necessary for a student to have been actually found to have violated a federal, state, or local law by a court of law in order to be disciplined under this Campus Student Code. It is only necessary that a student be found to have engaged in such prohibited acts by processes under the Campus Student Code. It is specifically noted here that the standard of proof in the Campus Student Code process is distinct and different from what is applied in criminal federal, state, and local law violations. A charge alleging a violation of a federal, state, or local law shall identify the federal, state, or local law violated.

k)     Endangerment. “Endangerment” means engaging in conduct that endangers the health or safety of any person, or causes a reasonable person to fear for his/her safety or the safety of another.

l)     Obstruction or Disruption. “Obstruction or disruption” means acting alone or in concert with others to unreasonably obstruct, disrupt, or interfere with a teaching, educational, research, administrative, disciplinary, public service, other activity or public performance authorized to be held or conducted on or off campus, or the duties or actions of public safety officials. Obstruction or disruption includes, but is not limited to, (1) misconduct in the classroom or other university setting; (2) any act that interrupts, modifies, or damages the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions; (3) any act that damages or interferes with a utility service or equipment, communication service or equipment, University computers, computer programs, computer records or computer networks accessible through the University’s computer resources; or (4) any action of a student that fails to comply with lawful directions of University officials or law enforcement officers acting in the performance of their duties. 

m)     Indecent Exposure. “Indecent exposure” means exposure of the private or intimate parts of the body in public or in private premises when such exposure may be readily observed by others without consent.

n)     Obscene Conduct. “Obscene conduct” means conduct which the average individual applying contemporary University standards would find (i) taken as a whole, appeals to the shameful or morbid interest in sex; (ii) depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated; and (iii) the matter, taken as a whole, lacks serious literary, artistic, political or scientific value.

o)     Theft. “Theft” means the taking of possession of the property of another without consent. 

p)     Damage, Vandalism, or Misuse of Property

q)     Prohibited Computer or Electronic Activity. “Prohibited computer or electronic activity” means (1) unauthorized entry into a file to use, read, change the contents, or other purpose; (2) unauthorized transfer of a file; (3) unauthorized use of another individual’s identification and password; (4) use of a computer or other electronic device to unreasonably interfere with the work of another student, faculty member, or University official; (5) use of a computer or other electronic device to send obscene or abusive messages; (6) use of a computer or other electronic device to unreasonably interfere with the normal operation of the University’s network; or (7) use of a computer or other electronic device in violation of copyright laws.  

r)     Tampering with Emergency Response Equipment. “Tampering with emergency response equipment” means interfering with or unnecessarily using a fire-alarm system, sprinklers, smoke detectors, fire-fighting equipment, or any other public safety or emergency call device. 

s)     Making False Reports. “Making false reports” means reporting an emergency, crime, fire or that a bomb or other explosive has been placed on premises when knowing such a report is wrong or inaccurate.

t)     Hazing. “Hazing” means any action or situation which (1) endangers or adversely affects the mental or physical health or safety of another person or persons; (2) would cause extreme embarrassment or adversely affect the dignity of another person or persons; or (3) causes another person or persons to destroy or remove public or private property. This includes, but is not limited to, any brutality of a physical nature, such as whipping, beating, branding, forced consumption of any food, alcohol, drug or other substance, any activity which would subject an individual or individuals to extreme mental stress, such as sleep deprivation or forced exclusion from social contact. Hazing with or without the consent of a student is prohibited. Initiations or activities of student organizations are prohibited from including any feature that is dangerous, harmful, or degrading to the student. A violation of this prohibition renders both the organization and participating individuals subject to discipline. Any student who knowingly witnesses or acquiesces in the presence of hazing is also subject to discipline. 

u)     Stalking. “Stalking” is defined in full in Fairmont State University Board of Governors Policy GA-01.  In summary, it means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for his or her safety or the safety of others/ or (ii) suffer substantial emotional distress.

v)     Harassment. “Harassment” is defined in Fairmont State University Board of Governors Policy GA-01.  In summary, it means conduct that creates a hostile environment and is based upon an individual’s race, color, national origin, ancestry, age, physical or mental disability, marital or family status, pregnancy, veteran status, service in the uniformed services (as defined in state and federal law), religion, creed, sex, sexual orientation, genetic information, gender identity, or gender expression. 

w)     Discrimination. “Discrimination” is defined in full in Fairmont State University Board of Governors Policy GA-01.  In summary, it means conduct that is based upon an individual’s race, color, national origin, ancestry, age, physical or mental disability, marital or family status, pregnancy, veteran status, service in the uniformed services (as defined in state and federal law), religion, creed, sex, sexual orientation, genetic information, gender identity, or gender expression and excludes and individual from participation, denies the individual benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a University program or activity.

x)     Retaliation. “Retaliation” is defined in full in Fairmont State University Board of Governors Policy GA-01.  In summary it means to take an adverse action against an individual or subject an individual to conduct that has the purpose or effect of unreasonably interfering with that individual’s educational experience, work or academic performance, or creates an educational experience or academic or work environment that a reasonable person would find intimidating or hostile because of something that individual did to further Policy GA-01.

y)     Academic Dishonesty. The term “academic dishonesty” means plagiarism; cheating and dishonest practices in connection with examinations, papers, and/or projects; and forgery, misrepresentation, or fraud as it relates to academic or educational matters.

1)     The term “plagiarism” means the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment, including, but not limited to, the unacknowledged use of materials prepared by another individual engaged in the selling of term papers or other academic materials.

2)     The terms “cheating and dishonest practices in connection with examinations, papers, and/or projects” means (i) giving or receiving of any unauthorized assistance in taking quizzes, tests, examinations, or any other assignment for a grades; (ii) depending upon the aid of sources beyond those authorized by the instructor in quizzes, tests, examinations, writing papers, preparing reports, solving problems, or carrying out other assignments; (iii) the acquisition or use, without permission, of tests or other academic material belonging to a member of the University faculty or staff or (iv) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

3)     The terms “forgery, misrepresentation, or fraud as it relates to academics or educational matters” means (i) wrongfully altering, or causing to be altered, the record of any grade or other educational record; (ii) use of University documents or instruments of identification with the intent to defraud; )iii) presenting false data or information or intentionally misrepresenting one’s records for admission, registration, or withdrawal from the University or from a University course; (iv) knowingly presenting false data or information or intentionally misrepresenting one’s records for personal gain; (v) knowingly furnishing the results of research projects or experiments for the inclusion in another’s work without proper citation; or (vi) knowingly furnishing false statements in any University academic proceeding.

a)     Tampering with or Falsifying a Record. “Tampering with or falsifying a record” means altering or assisting in the altering of any education record, record of the University or submitting false information or omitting requested information that is required for or related to an application for admission, the awarding of a degree, or any record of the University. This conduct may result in a prohibition against readmission, revocation of degree, and/or withdrawal of diploma.

aa)     Intrusion of Privacy. “Intrusion of privacy” means unreasonably invading the private domain or seclusion of another by any means, including observation, videotaping, audio taping, photographing, or capturing the actions, image, audio, or likeness of any other member of the University community without permission or knowledge, when such member of the University community has a reasonable expectation of privacy. 

bb)     Possession of Deadly Weapons or Destructive Devices. “Possession of deadly weapons or destructive devices” means possessing or using any type of deadly weapon, firearm, imitation firearm, ammunition, explosive, firework, dangerous chemical, or other destructive device while on University premises. “Firearm” means any item which will or is designed to or may readily be converted to expel a projectile by the action of an explosive. “Deadly weapon” means any device, instrument, material, substance, or object, whether animate or inanimate, designed to be used to produce serious bodily injury or death or is readily adaptable to such use. This provision does not apply to those individuals specifically permitted by University policy or procedure to possess such items. 

cc)     Unauthorized Entry or Use. “Unauthorized Entry or Use” means to enter or remain without consent or lawful purpose in any building, room, structure, facility, vehicle, construction area, roof top, or other premises. 

dd)     Unauthorized Use of Keys or Other Access Devices. “Unauthorized use of keys or other access devices” means to possess, duplicate, or use a key or other access device, including an electronic keycard or other device used to grant access, to any building, room, structure, facility, vehicle, construction area, roof top, or other related premises without proper authorization. 

ee)     Attempting to Engage in an act Prohibited by the Student Code of Conduct. An “attempt” is defined as conduct that, if successful, would constitute or result in the prohibited conduct. Any student who abandons an attempt or prevents the prohibited conduct from occurring under circumstances that demonstrate a complete and voluntary renunciation of the prohibited conduct will not be subject to disciplinary action.

ff)     Deceptive Organizational Practices. “Deceptive Organizational Practices” means (1) fraudulently or improperly holding out an organization as being recognized by the University when in fact the organization is not officially recognized by the Division of Student Life and has not followed the applicable recognition requirements; (2) any behavior that utilizes deception to mislead any student regarding the organization; or (3) failing to utilize organization funds or dues consistent with the purpose in which those funds or dues were collected. 

gg)     Abuse of the Student Code of Conduct. “Abuse of the Student Code of Conduct” means any of the following:

1)     Failure to obey the notice from the Director of Student Conduct or other University official to appear for a meeting or hearing concerning violations of the Student Code of Conduct.

2)     Falsification, distortion, or misrepresentation of information at any point in the student conduct process.

3)     Disruption or interference with the orderly conduct of a Student Code of Conduct proceeding.

4)     Initiating a Student Code of Conduct proceeding in bad faith.

5)     Attempting to discourage or discouraging an individual’s proper participation in, or use of, Student Code of Conduct proceedings.

6)     Retaliating against an individual because of the individual’s participation in, or use of, Student Code of Conduct proceedings.

7)     Attempting to influence or influencing the impartiality of any member of a hearing prior to, and/or during the course of, a Student Code of Conduct proceeding.

8)     Harassment (verbal or physical) and/or intimidation of a member of a Hearing Adjudicator prior to, during, and/or after any Student Code of Conduct proceeding.

9)     Influencing or attempting to influence another person to commit an abuse or violation of the Student Code of Conduct. 

10)      Failing to comply with one or more sanctions imposed under the Student Code of Conduct.

11)      Knowingly violating the terms of a disciplinary sanction imposed in accordance with the Student Code of Conduct.

SECTION 4: SANCTIONS

4.1     It is expected that the University will impose or seek a sanction that is fair under the circumstances.  To that end, a student found responsible for a violation of the Student Code of Conduct shall be subject to sanctions commensurate with the offense with consideration given to any aggravating and mitigating circumstances including the student’s conduct record.  A student who receives a period of suspension as a disciplinary sanction is subject to further disciplinary action for prohibited conduct that takes place during the period of suspension.  Sanctions available for violations of the Student Code of Conduct include any of the following:

a)     Expulsion: Permanent separation of the student from the University. Permanent notification will appear on the student’s transcript. The student may be denied access to University premises, provided that such restrictions are stipulated in the Outcome Letter and bear a reasonable relationship to the violation. If a student is expelled, the student will not receive a refund of any tuition or fees that have been paid to the University. 

b)     Suspension: Separation of the student from the University for a specified period of time. Permanent notification will appear on the student’s transcript. The student may be denied access to University premises and to all other University activities or privileges for which the student might otherwise be eligible, provided that such restrictions are stipulated in the Outcome Letter and bear a reasonable relationship to the violation. Suspended time will not count against any time limits for completion of a degree. If a student is suspended, the student will not receive a refund of any tuition or fees that have been paid to the University. Any student who is serving a suspension may be subject to a review and evaluation meeting prior to re-enrolling to ensure that all conditions of the suspension have been satisfied and that the student is prepared for return.

c)     Deferred Suspension: The student will be given a certain set of expectations, but any suspension will be deferred and does not go into effect as long as the student complies with all requirements during the interim period. In those cases where the student completes all expectations during the interim period, the student’s record will show that the sanction was never imposed. In the event that a student fails to comply with a sanction and the Office of Student Conduct or Director of Student Conduct has decided to seek the suspension, the student will be given written notice of the apparent failure to comply and of the intent to suspend, and provided an opportunity to be heard prior to a final decision, consistent with this Student Code of Conduct.

d)     Probation: A written reprimand for prohibited conduct that specifies a designated period of time and includes the probability of more severe disciplinary sanctions if, during the designated probationary period, the student violates any applicable law or fails to comply with the policies of the Fairmont State University Board of Governors, with institutional or campus rules and regulations or with directives issued by any University official acting in the course of his or her authorized duties.

e)     Warning: A notice in writing to the student that the student is violating or has violated Board of Governors policies, institutional rules and regulations, or the Student Code of Conduct and that any further prohibited conduct may result in more severe disciplinary action. 

f)     Loss of Privileges: Denial of specified privileges for a designated period of time.

g)     Restitution: Students may be required to make payment to the University or to other persons, groups, or organizations for loss, damage, or injury incurred as a result of a violation of the Student Code of Conduct. This may take the form of appropriate service and/or monetary or material replacement. Once restitution is satisfied, the student must provide documentation to the Office of Student Conduct or Director of Student Conduct.

h)     Revocation: Admission to the University may be revoked for a violation of the Student Code of Conduct if the violation was committed before the student arrives on campus. Likewise, a degree awarded from the University may be revoked for a violation of the Student Code of Conduct if the violation was committed before the student graduates. 

i)     Other Sanctions: Other sanctions may be imposed instead of or in addition to those specified. For example, students may be subject to dismissal from University housing for disciplinary violations which occur in the residence halls. Likewise, community service, educational classes, fines (if such fines are established by the Office of Student Conduct), and other work or research projects may also be assigned.

j)     No Contact Directive: Students may be issued a permanent No Contact Directive, which is a directive to refrain from any intentional contact, whether direct or indirect, with one or more designated persons or group(s) through any means, including, but not limited to, personal contact, e-mail, telephone, social media or third parties.

4.2     Attempts to commit acts prohibited by the Student Code of Conduct may be punished to the same extent as completed violations. 

4.3     Repeated or aggravated violations of any section of this Student Code of Conduct may also result in expulsion or suspension or the imposition of such lesser penalties as may be appropriate.

4.4     Sanctions for prohibited conduct occurring off campus shall not be more severe than for similar on-campus conduct.

4.5     Misconduct, other than constitutionally protected expression, motivated by bias based on race, color, national origin, ancestry, age, physical or mental disability, marital or family status, pregnancy, veteran status, service in the uniformed services (as defined in state and federal law), religion, creed, sex, sexual orientation, genetic information, gender identity, or gender expression should be considered an aggravating factor for sanctioning.

SECTION 5: INTERIM MEASURES & INTERIM SUSPENSION

5.1     Imposition of Interim Measures:  When the alleged actions of a student threaten the operations or safety of the University, interim measures may be put into place. Interim measures are administrative directives that are intended to insure the safety of the University and prevent a situation from escalating; they are not disciplinary in nature. Interim measures may be made at any point after a referral is received and may include, but are not limited to: 

(i)     Administrative directives for no contact; 

(ii)     Temporary or permanent re-assignment of university housing; and/or 

(iii)     Restriction of access to particular areas of campus. 

The Director of Student Conduct will make decisions on interim measures after appropriate consultation. Professional staff in housing and residence life may initiate an immediate residential move in the case of allegations of sexual misconduct, violence, or threats of violence. They may also issue temporary administrative directives for no contact under the same circumstances. Housing and residence life will notify Office of Student Conduct or Director of Student Conduct in writing of any interim measures they initiate as soon as possible. All interim measures described above will be documented in writing and will be made on an individualized basis.

5.2     Imposition of Interim Suspension: Director of Student Conduct may impose an interim suspension prior to a formal hearing or other disposition of allegations against a student when the Director of Student Conduct has reasonable cause to believe that a student’s presence on University premises presents: (a) a significant risk of substantial harm to the student, other individuals, or property; or (b) an ongoing threat of disrupting the normal operations of the University. 

5.3     Conditions of Interim Suspension: Such immediate interim disciplinary action may be taken as is appropriate under the circumstances for a time period and under those conditions as may be determined by the Director of Student Conduct in order to ensure the safety and well-being of members of the University community or to preserve University property; to ensure the student’s own physical or emotional safety and wellbeing; or to deter a threat of disruption or interference with the normal operations of the University. During an interim suspension, the suspended student may be denied access to all or some of the property owned or controlled by the University and to some or all other University activities or privileges for which the student might otherwise be eligible, provided that such restrictions are stipulated in the interim suspension notice.

5.4     Interim Suspension Procedure:

a)     Notice.  If the Director of Student Conduct imposes an interim suspension, then the student will receive written confirmation of the interim suspension.  The notice will state the facts and circumstances warranting the interim suspension, the conditions of the interim suspension that an administrative hold will be placed on the student’s account, and the student’s review rights. 

b)     Review. Within three (3) academic days of the imposition of the interim suspension, the student may petition the Dean of Students or designee to review the reliability of the information concerning the alleged harm or ongoing threat. The petition for review must be in writing and may include evidence supporting the student’s position that the student does not pose or no longer poses a significant risk of substantial harm to the individual, others, or property or an ongoing threat of disrupting the normal operations of the University.

c)     Final Determination. If, after considering the petition for review and evidence, the Dean of Students or designee affirms the decision to interim suspend, the matter will proceed promptly to a hearing without undue delay, unless additional time is requested by the student. However, if, after considering the petition for review and evidence, the Dean of Students or designee determines that the student has established by a preponderance of the evidence that the student does not pose or no longer poses a significant risk of substantial harm to the individual, others, or property or an ongoing threat of disrupting the normal operations of the University, the interim suspension will be lifted and the matter will proceed according to the normal process, up to and through a hearing, if required.

SECTION 6: DRUG AND ALCOHOL AMENSTY

6.1     Any student or student organization who, in good faith and in a timely manner, seeks emergency medical assistance for a person who reasonably appears to be experiencing an overdose from alcohol or drugs may not be held responsible for a violation of prohibited alcohol or drug related conduct only, if the student or student organization does the following:

(i)       Remains with the person who reasonably appears to be in need of emergency medical assistance due to an overdose until such assistance is provided;

(ii)      Identifies themselves, if requested by emergency medical assistance personnel, law-enforcement officers, or University officials;

(iii)     Cooperates with and provides any relevant information requested by emergency medical assistance personnel, law-enforcement officers, or University officials needed to treat the person reasonably believed to be experiencing an overdose; and

(iv)     Completes any additional conditions imposed on the student or student organization by the Director of Student Conduct.

6.2     This provision only applies to violations of this Student Code of Conduct and is not related to any criminal prosecution.