Student Code of Conduct

All students at the University of Dayton are expected to live and work in support of the academic mission. The Marianist tradition of education includes the whole person—spirit, mind, and body—connecting liberal and professional education by integrating learning and living in community.

An authentic community requires maturity, commitment, self-sacrifice, and hard work. An individual’s actions reflect their values, character, and ethics. University of Dayton students strive to exemplify behavior supporting the development of communities around them.

We are called to not only respect ourselves and others but also to love ourselves and all people, because all people are made in the image and likeness of God. University of Dayton students respect the value and dignity of themselves and others in all they do.

The common good is “the sum total of social conditions, which allow people, either as groups or individuals, to reach their fulfillment more fully and more easily.” University of Dayton students make individual choices in light of how they affect other people and the community, and they work to change social structures that inhibit others from reaching their fulfillment. For a deeper understanding of these standards, refer to the University Mission Statement and the Commitment to Community.  

The Student Conduct System at the University of Dayton is a process for addressing allegations of violations of the Standards of Behavior and Code of Conduct. The system provides fundamental fairness to all parties concerning allegations of misconduct and encourages students to take responsibility for themselves and their community by adhering to the following:

• Honesty is an expectation. Acting on their own behalf or on behalf of their campus organizations/groups, students are expected to be open, forthright, and honest about any suspected violations.
• The Standards of Behavior and Code of Conduct apply to individual students as well as student organizations/groups.
• Embodiment of the Standards of Behavior is an expectation of every student and is critical to the campus community. Support of the Academic Mission, individual commitment to an authentic community, treating others in the image and likeness of God, and making choices in light of how those choices affect others, sets the stage of expectation for all students at all times, particularly in a stressful situation (such as being involved in the Student Conduct Process).
• Parents and guardians are considered partners with the University; however, students must sign a waiver for the release of conduct records to parents/guardians (subject to certain exceptions). Additionally, students are expected to keep their parents informed by relaying information and providing context for the information. The University reserves the right to notify parents of any drug or underage alcohol violations, as is stipulated in the University Policy on Disclosure of Student Records and the Family Educational Rights and Privacy Act of 1974 (FERPA).
• Student organizations/groups are accountable to the Standards of Behavior and Code of Conduct. Student Organizations/Student Groups, whether recognized by the University or not, are expected to host activities that exemplify the Student Standards of Behavior and to discourage violations by individual members.

The Student Conduct System is rooted in four key University documents. This system is informed by national standards in the field of college student conduct administration. It also conforms to local, state, and federal laws and embraces the University Statement of Dignity. These University documents are as follows:

1. The University Mission Statement
2. The Commitment to Community
3. The Mission of the Division of Student Development
4. The Mission of the Office of Community Standards and Civility (CS&C)
   

The key concepts in these founding documents include an understanding of the common good, the integration of learning and living, the value and dignity of every person, the education of the whole person, the pursuit of academic achievement, fundamental fairness, the expectations of civility and legal responsibility, and the development of character and accountability at a community level.

The Office of Community Standards and Civility has the overall responsibility for the implementation and administration of the Student Code of Conduct and the Student Conduct System, as directed by the Vice President for Student Development & Chief Student Experience Officer and Dean of Students or their designee. The Vice President (or the Vice President’s designee) holds the ultimate authority over the Student Conduct System and, as such, can exercise discretion in functions that include but are not limited to:

• Taking interim action.
• Adapting processes, updating and/or altering procedures and/or policies, particularly when a matter, incident or factors are unprecedented; egregious; pose a significant risk or danger to campus, self or others; or reasonably indicate that the student (particularly a first-year student) is not able to responsibly participate in campus life.
• Undertaking steps to defer or delay the release of the student’s degree and/or impose other consequences until resolution of the disciplinary process, when a student scheduled to graduate engages in behavior following completion of academic requirements that may violate the Code of Conduct.
• Delegating responsibilities to staff in Student Development.
• Determining the severity or egregiousness of a case.

The University has jurisdiction over possible violations of the Code of Conduct by any student, regardless of where an incident occurs (on or off campus). The Code and system apply to all students (pre-enrolled, undergraduate, graduate, and law students). For the purposes of the Student Conduct System, a student is defined as an individual who has registered with the University for any form of instruction,* whether or not the student is enrolled for credit. Student status begins at the time of such registration, even if the student has not yet arrived on campus or commenced instruction. Student status continues until such time as the student graduates, completes the relevant program, is expelled, or otherwise indicates a permanent separation from the University. A student who has been suspended continues to be considered a student for purposes of University policies and procedures. Additionally, an undergraduate student who is not registered for three consecutive semesters (excluding summer terms) is no longer considered a student. Withdrawal from classes may not signify a permanent separation from the University. A student who wishes to make a permanent withdrawal should contact the Dean of Students.

A student accused of committing a criminal offense may face criminal charges in addition to violations of the University’s Code of Conduct concurrently. Students are not permitted to have lawyers/attorneys participate in the Student Conduct System. This does not preclude a student from seeking legal advice. Instead, it prevents the lawyer’s interaction or observation of an educational process. The manner of participation for lawyers/attorneys in the Nondiscrimination and Anti-Harassment Policy/Equity Complaint Process can be found online at go.udayton.edu/nondiscrimination.

In cases where the incident is of a dangerous nature or where the reported behavior grossly contradicts the community’s value system, as expressed in the Student Standards of Behavior and Code of Conduct, the case may be immediately referred to the Office of the Vice President for Student Development & Chief Student Experience Officer, the Dean of Students or their designees for action. The Vice President for Student Development & Chief Student Experience Officer and the Dean of Students have the authority to issue interim action that would take place prior to the Student Conduct Process and would contain specific measures — up to and including an interim suspension. In cases where an interim action has been taken, the accused student or organization/group will continue through the Student Conduct System until a final determination has been made. Students will be notified in writing of any interim actions taken. Failure to abide by the interim action will result in additional disciplinary actions. In cases where a former student is documented in the campus area or at a campus event for egregious or concerning behavior, the offending party will be required to resolve the matter, should they choose to return to the University at any point in the future as a visitor or student; further, in certain circumstances where a student withdraws while a conduct or other investigatory matter is pending, that student may be barred from returning to campus in the future. Note that the “Campus Area” falls primarily within the north/south borders of Irving and Wyoming Avenues and the east/west borders of Brown Street and Woodland Cemetery, as defined by the Mutual Aid Agreement between the City of Dayton and the University of Dayton. This includes University-owned or controlled properties, including, but not limited to, those on Brown Street (Fitz Hall), Irving Avenue, Edwin C. Moses Boulevard (arena and athletic areas), Patterson Boulevard (Daniel P. Curran Place), Old River Park, Stewart Street, and portions of the Arcade in downtown Dayton.

*This does not include youth or teen programs that occur prior to, or outside of, the traditional enrollment process through the Office of Enrollment Management.

In cases where the incident occurs during the last 30 days of the academic semester, the University reserves the right to abbreviate the timeline in an attempt to resolve the case before the end of the term. Other timeline changes may be made in the event any emergency or other situation impacts the University’s ordinary operations. In these cases, the student will be notified of any changes made regarding deadlines.

Students accused of possible violations of the Code of Conduct have the following rights:

• To participate in the Student Conduct System.
• To receive written notice when accused of a possible violation(s).
• To be notified, in writing, of the outcome of any form of resolution.
• To submit a written account and witness statements and to invite witnesses when attending an Accountability Hearing before the UHB.
• To have a support person* accompany them for any case heard by the University Hearing Board (UHB).
• To request an appeal of an Accountability Hearing held by the UHB in accordance with the Appeal Process described in the Student Conduct System.
• To request an appeal of a Suspension/Expulsion issued by an individual resolution officer in accordance with the Behavioral Resolution Appeal process described in the Student Conduct System.
• To choose not to respond (either verbally or in writing) to accusations in the Student Conduct System; in exercising this right, it is important to note that the process will proceed, regardless of participation, and may have implications on the finding, given the lack of information submitted from the accused students’ perspective.

*A support person can not be an attorney or lawyer. The support person cannot participate in or represent the student in these cases. The support person may be asked to leave the meeting should they, as determined in the discretion of UD personnel, cause a disruption to or interfere with the process.

For details on the rights for respondents and complainants in cases of nondiscrimination and anti-harassment, including sexual harassment, visit any University web page and use the link at the bottom titled “Nondiscrimination” or visit go.udayton.edu/nondiscrimination.

Additionally, general student conduct cases involving student organizations/groups are managed using the Student Organization section of the Student Conduct System found within this document. 

Further, student expectations and applicable procedures may be adjusted at the University’s discretion at the time of any emergency, public health or other significant circumstances impacting University operations or indicating a first-year student’s inability to function responsibly in a campus setting; the University will provide reasonable notice in light of the circumstances of such modifications to any impacted student(s). Where a first-year student engages in behavior, particularly prior to the start of fall classes, that indicates the student is not able to participate in campus life in a responsible manner, the Vice President may impose as a consequence that the student defer enrollment until the following term; in such instances, no appeal is available. If a student is scheduled to graduate but, following completion of academic requirements, engages in behavior that may violate the Code of Conduct, the Vice President may choose to undertake steps to defer or delay the release of the student’s degree and/or impose other consequences until resolution of the disciplinary process.

The following behaviors are not permitted with regard to alcohol:Use or possession of alcohol under the legal drinking age.

1. Use or possession of alcohol under the legal drinking age.
2. Distribution of alcohol to any person under the legal drinking age.
3. Drinking in public, public intoxication, or possessing an open container outside of a private space.
4. Sale or manufacturing of alcohol.
5. Driving under the influence of alcohol.
6. Possession or distribution of alcohol from a mass container (such as kegs or common source) or from outside its original packaging (party juice, unboxed bagged wine, etc.). Possession of consumption devices (such as funnels), possession of items used to facilitate drinking games and/or any behavior that promotesunderage or irresponsible drinking.
7. Abuse of alcohol. Evidence of abuse may include, but is not limited to, loss of motor skills (staggering, slowed response, etc.), slurred speech, inability to speak coherently, requiring medical attention, passing out, vomiting, loss of memory, or hospitalization. Participating in high-risk drinking activities also constitute the abuse of alcohol. Such activities include, but are not limited to, drinking large quantities of alcohol, consuming alcohol at an accelerated pace (through chugging, pre-gaming or participation in a drinking game), or the use of alcohol with medication or other controlled substances.
8. Use of containers or packaging for decoration, alcohol signage, and advertising that can be seen by the general public is not permitted on University property.

Medical Amnesty

The University encourages students to seek medical attention for themselves and others when needed and recognizes that the potential for disciplinary action may be a barrier to seeking medical assistance for issues involving the use of alcohol or drugs. It is for this reason that CS&C offers medical amnesty through participation in a diversion program (known as the Blueprint Program.)

Students who gain access to medical attention due to peer intervention will qualify for medical amnesty. Additionally, the caller will not be documented for simple alcohol/drug violations that become known to authorities as a result of the call for assistance. In cases where the student calls for themselves, they will be documented and remain qualified for the amnesty program. Provided the student requiring medical attention agrees to participate in the Blueprint Program, medical amnesty will shield the incident from a reportable conduct record. Additionally, in these circumstances, students who are on, or have been on, university disciplinary probation for alcohol- or drug-related issues will be protected from the consequences of Suspension or Expulsion within reason.

It should be noted that a history of alcohol- or drug-related medical transports remains of concern to the University. Any student who becomes a danger to themselves with regard to the use and abuse of these substances may require ongoing medical attention and could disqualify themselves from amnesty for habitual medical transport. Lastly, medical amnesty was created with the safety and security of the student community in mind. Any case where the drug in use or the behaviors surrounding the incident cause heightened safety concerns, the case may be deferred from Medical Amnesty at the discretion of the Director of CS&C and/or the Dean of Students Office.

Students are required to comply with:

1. Directions of any University official acting in the performance of their official This can include, but is not limited to, failure to identify oneself to these persons when requested to do so, or failure to immediately comply with or answer any verbal order or health/safety-related question issued by the police, EMS or University staff.
2. Any policy, rule, or regulation published by the University*
3. The Student Conduct Process, at any stage.
4. Any signed contract, agreement, pledge or commitment with the University.*
5. Any agreement or comparable document that is distributed to students and sets forth health, safety, or other requirements for all students; compliance shall be required even if the document is not electronically signed/acknowledged or physically signed by a particular student.*
6. Rules and regulations of other institutions of higher education, cooperative/internship assignments, student teaching assignments, and any other business or organization/group associated with the University.

Examples of expectations found in various University rules, contracts, and policies
include but are not limited to the following:

• Students are required to carry their student ID at all times.
• Sharing network or email passwords is prohibited.
• Having restricted items in any University residence is prohibited by the housing contract.
• Complying with established protocols in light of a health and safety emergency, such as a pandemic.

*Rules/Policies and Contracts of Note:

• Fair and Acceptable Use of Computing Resources Policy. (UDit)
• Flyer Card Policy and Meal Plan Requirement Policy. (Campus Card Services)
• Dining Services policies. (Dining Services)
• Adherence to other University policies, illustrated in Key Concepts and
  Notifications of the Student Handbook. (Dean of Students)
• Housing and Residence Life Contract & relevant addendums or supplements
• Parking Permit requirements.
• Animals on Campus Policy
• Smoking on the University of Dayton Campus Policy. https://udayton.edu/policies
• All policies published at https://udayton.edu/policies
  

These policies and contracts can be found online or at the hosting offices. Note that, from time to time, additional rules/policies and/or contracts may be established to address unique circumstances.

The following behaviors are not permitted with regard to drugs:

1. Use and/or possession of marijuana.*
2. Prescription use or possession of marijuana on campus property.
3. Use or possession of nicotine or products used to consume nicotine while under the legal age (21) to do so.**
4. Use or possession of heroin, cocaine, acid, narcotics, or other controlled substances.
5. Use of any general product as an intoxicant or as a means to get high.
6. Manufacturing, growing, distributing, selling, attempting to sell, or  transferring any controlled substances.
7. Driving while impaired or under the influence of drugs.
8. Improper use, misuse, possession, or distribution of prescription drugs or over the counter medications.
9. Possession of paraphernalia commonly used to consume drugs (includes, but is not limited to, pipes, bongs, hookahs, home-made smoking devices, vape materials with suspected illegal substances, or items that have markings of use for drug-related behavior, such as burned spoons).
10. Use of any product or substance as a means to get another person high or alter another person’s physical state and/or mental capacity.

Notes on Drugs:

Medical Amnesty described with the alcohol code can also apply to the  drug code. Possession of quantities of lawful medications in excess of reasonable personal use, in combination with other factors that indicate distribution or other misuse, may be a basis for a violation of this provision.

*Students who have proper documentation from the state of Ohio for the medical use of marijuana are not permitted to use or possess the substance on campus, including in UD housing. A student with such a prescription who is otherwise required to live in UD housing would need to seek an accommodation from the housing requirement.

**In addition to this provision, students must comply with the Smoking on the University of Dayton Campus Policy.

Students are required to manage their guests in the following manner:

1. Guests must be accompanied by their host at all times.
2. Students are responsible for the conduct of their guests at all times.
3. Students who advertise or issue mass invitations (online or actual) will be held responsible for the outcome of such an invitation.
4. Guests (student or non-student) are not permitted to stay overnight, if they are the opposite sex from the students residing in the room/suite/apartment/house.
5. Students are not permitted to have overnight guests (student or non-student) stay more than two consecutive nights or five nights in one month without written consent from roommates/living mates as well as the Housing and Residence Life Coordinator.
6. Guests may not sleep in an unoccupied bed without prior written consent of the student who primarily uses that bed.
7. Overnight guests are not permitted during orientation week, final examination weeks, dates when the housing facilities are closed or on any days/dates that the University communicates as a guest-restricted time span.
8. Students living in University housing may be subject to additional guest registration requirements during specified times of the day/year.

Note: Personal guests are not considered guests of the University but rather guests of the individual, and they are not subject to the background check required of the minors on Campus/University-wide policy. In cases where a guest’s conduct puts students/faculty/staff at risk of harm, the outcomes of hosting that guest can result in severe disciplinary action, which can include Suspension/Expulsion.

All forms of harassment or discrimination are unacceptable in the University of Dayton community. Due to the wide range of behaviors that constitute harassment or discrimination, the University has set two policies and processes for managing these reports and behaviors. Violations of the Nondiscrimination and Anti-Harassment Policy are marked in a student’s conduct record, but they are managed by the Equity Compliance Office. (See Code of Conduct 18.) Behavior that is considered harassment, but does not rise to the level of or otherwise constitute a violation of the Nondiscrimination and Anti-Harassment Policy and/or falls outside that policy’s jurisdiction (such as being outside the definitions or scope of that policy), may be, depending on the circumstances, managed in the CS&C office. Harassment and bullying behaviors include, but are not limited to:

1. Verbal or other (e.g., online) abuse directed at a specific person that is repetitive.
2. Threats.
3. Intimidation.
4. Stalking. Any course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear.  Repetitive and menacing pursuit, following, harassing and/or interfering with the peace and/or safety of another is also stalking.  Stalking may take many forms, including but not limited to persistent calling, texting, or posting on social networking sites, seeking to gather information about another (online or through others), as well as physical stalking.
5. Bias-related or historically symbolic behaviors or displays of symbols that cause any member of the community to feel targeted, unwelcome or less than by group identity (regardless of intent), whether physical or online.  This includes historically offensive symbols that are reasonably known to have such effects.
6. Behavior that would cause distress and/or fear for safety by a reasonable person.
7. Unauthorized recording or use of a recording (audio, video, or photograph) of another person without their knowledge and approval, when such a recording reasonably can be expected to cause injury or distress.
8. Behaviors that ordinarily would constitute discriminatory harassment but fall outside the scope and/or jurisdiction of the Nondiscrimination and Anti-Harassment Policy.

Note: Action that causes mental distress will be determined by using a reasonable person standard.

The University of Dayton strictly prohibits hazing. Hazing typically involves behavior that is seen by a reasonable person to endanger the physical health of an individual or cause mental distress. Hazing includes any planned/executed action or activity, by or against any active member, associate member, new member, pledge or potential member of a Student Organization or Student Group (see “Terms” section on page 44) that inflicts (whether intentionally, forcefully or recklessly) physical or mental harm, distress, anxiety, or which may demean, degrade, endanger, embarrass or disgrace any person, regardless of location, consent, or intention of Participants.

Examples of hazing include, but are not limited to, forced consumption of food, alcohol, drugs, or any other substance; forced physical activity; deprivation of food or sleep; physical acts of violence such as hitting, branding, or paddling; head shaving; extended isolation or setting a group apart; creation of excessive fatigue; physical and psychological shocks; using activities, such as quests, treasure hunts, scavenger hunts, road trips, interviews or signature books, as a means to exclude those who do not participate from admission to the organization; wearing apparel that is conspicuous or lewd; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; and late work sessions that interfere with scholastic activities.

Students may not imply that a person be shunned, removed, or unable to join/participate or maintain affiliation or membership in any Student Organization or Student Group for failing or refusing to partake in or submit to any form of hazing activity.

See University Hazing policy for further information/resources. https://udayton.edu/policies/studentdevelopment/hazing-policypage.php.

Students who participate in a University hazing investigation or inquiry may, on a case-by-case basis, be offered amnesty for other policy violations (such as alcohol violations) for individual behavior disclosed as part of that investigation or inquiry. 

Safety Concerns for Students who Report Hazing: Students who report possible hazing incidents will not be subject to individual charges of policy violations by the University if those violations were a direct result/cause/effect of the hazing. Additionally, the University will work to make reasonable accommodations so that the reporting party can continue their academic pursuits. These accommodations include but are not limited to alternative housing, no contact orders, and academic accommodations. Any student who is concerned for their safety either due to ongoing hazing or in fear of retribution should consider speaking with a University staff member to gain an understanding of the services that can be made available in their situation.

Consult the Student Organizations section for procedural considerations regarding hazing. See Terms for specific definitions of Student Group, Student Organization, and Participant.

Being charged with or found in violation of any local, state, or federal law in and of itself is a Code of Conduct violation under this provision.  In the instance where someone is charged but not convicted, but the evidence is such that the University’s preponderance of evidence standard for the behavior at issue would be met and the University has access to that evidence, that could constitute a violation of this code provision.

Local ordinances of note can be found at the end of the Assistance/Resources section.

The following behaviors are not permitted with regard to misrepresentation:

1. Lying, misrepresentation of facts, or giving false testimony to any University official.
2. Engaging in forgery, whether by physical writing or electronically.
3. Transferring, altering, wrongfully obtaining, or otherwise misusing documents, including being in possession of an ID other than your own or a fake ID.
4. Misusing University funds.
5. Using the University logo or name without appropriate permission or falsely attributing an activity to the University.
6. Representing oneself as the University of Dayton, or having the authority to bind the University, when signing a contract or an agreement.
7. Falsifying any University or education record.
8. Obtaining unauthorized access to a University record.
9. Obstructing or tampering with any University system (e.g., software designed to detect plagiarism or to monitor remote test-taking).

Note that some behaviors that amount to misrepresentation may also be subject to academic processes, such as the Honor Code. 

Physical abuse of any kind is not permitted. Physical abuse includes, but is not limited to, fighting, wrestling, pushing, hitting, grabbing, cutting, or slapping another person, regardless of intent.

Note: Self-defense (responding to a physical attack with a counter physical act) is not encouraged, but it may become necessary in a rare number of cases. Self-defense may be considered a University policy violation if the actions are not immediately followed by an attempt to remove oneself from the situation. It is important to note that students are expected to make every attempt to create a nonviolent solution. Physical attack as a response to verbal harassment, defense of another person, or as a response to someone “being in your face” is unacceptable. In cases where both parties are claiming self-defense and an investigation lends no information to justify one claim over another, both students will be notified of the possible violation.

The following behaviors are not permitted with regard to the safety and security of the University of Dayton community:

1. Any attempt to compromise or tamper with University security systems including cameras.
2. Accessing an unauthorized area. This includes, but is not limited to, basements, utility rooms, attics, roofs, and spaces for which a reasonable person would understand is not for public use without authorization. Entering any nonpublic room or building without authorization or invitation is not permitted.
3. Duplicating University keys or providing University keys to unauthorized individuals.
4. Engaging in any behavior perceived as a widespread threat to the safety of others. This includes, but is not limited to, hosting large open parties that block streets from the passing of emergency vehicles; jeopardizing campus safety by failing to follow an order to disperse; posting content (online or otherwise) that insinuates a campus attack, or invites others to participate in or encourage behavior that places the campus community at risk of harm; repeatedly or intentionally failing to comply with protocols designed to protect the safety, health and wellbeing of others. This can include protests, demonstrations or other expressive activity that obstruct the University's mission and/or negatively impacts the rights of other students, employees, or guests regardless of whether prior approval through the Center for Student Involvement or other official University channels was obtained.
5. Possession or use of a weapon, weapon storage paraphernalia, or any item that could be perceived as a weapon or housing weapons, which could include, but is not limited 21 to, knives, explosives, martial arts weapons, dangerous chemicals, firearms, pellet guns, BB guns, or any item that could be perceived as a firearm* (e.g., replicas of firearms or the insinuation of a gun, such as gesturing in one's coat pocket), or use of any self-defense item that is not ordinarily a weapon (e.g., pepper spray) in a manner other than its intended purpose.
6. Use of any object that endangers oneself or the safety and security of the campus community. Such items include, but are not limited to, recreational drones, makeshift zip lines, slacklines, large inflatables, recreational slides, swimming pools greater than 12" in height (or any pool with electrical connections), and hot tubs, as well as flammable liquids and/or chemicals if improperly used or stored.
7. Tampering with, or propping open points of egress, such as entry/exit doors.
8. Failing to properly identify oneself when entering the residence halls.

*Note: Consistent with applicable law, individuals who lawfully own or possess a concealed handgun or any other weapon may only have it on campus if it is stored in a locked motor vehicle or if the individual is in the immediate process of placing the weapon in a locked motor vehicle. Such individuals may not have such a weapon anywhere else on campus. The outcomes of possessing a weapon on campus can result in severe disciplinary action, which can include Suspension/Expulsion.

As with all matters of student conduct, the University reserves the right to determine what constitutes endangerment or threat.

The following behaviors are not permitted:

1. Theft.
2. Attempted theft.
3. Possession of stolen property or possession of property without the permission of the owner.

The following are considered abuse of University process or systems and are not permitted:

1. Behavior disrupting normal University operations, consuming an inordinate amount of University staff/community resources, necessitating a frequent or repetitive University response, or otherwise interfering with the educational process and/or orderly operation of the University.
2. Retaliation against individuals who exercise rights or participate in investigations or proceedings.
3. Submission of frivolous or fabricated reports.

1. The Behavioral Resolution Meeting is an opportunity for the responding student to review the report, respond to accused violations, discuss the circumstances, and ask questions.
2. The resolution officer will provide the student with information concerning their rights. In instances where the case is not being forwarded to an Accountability Hearing with the University Hearing Board (UHB), this meeting will take place as an official hearing where the resolution officer will make determinations concerning the student’s accountability and outcomes.
3. In cases where the resolution officer forwards the case to an Accountability Hearing, the resolution officer assists the student in understanding what needs to be done to prepare for an Accountability Hearing. (See the Accountability Hearing section on page 23)
4. In cases where the resolution officer believes a form of Adaptive Resolution (AR) can be utilized, the resolution officer will consult with the Director of Community Standards & Civility to discuss next steps. (See Informal Resolution; Adaptive Resolution)
5. Students who fail to attend the Behavioral Resolution Meeting waive their right to review or respond to the report. In these cases, the resolution officer will administer findings and outcomes in their absence or will forward the case to an Accountability Hearing.
6. Resolution officers utilize a preponderance of the evidence standard to  determine what more than likely occurred. In other words, based on the evidence presented, the resolution officer will exercise their best trained evaluation of information presented when determining whether the student should or should not be held responsible for violating the Code(s) in question. Resolution officers consider the information presented as evidence and utilize their own reasoning skills and training to establish the weight and credibility of each piece of evidence/information in a case.
7. In some cases, a student will indicate they are Not Responsible, but they will illustrate in their story that a code was violated by accident or only in a technical manner. This happens most often when the student believes that the reason they violated the Code should mitigate being found Responsible. The circumstances leading to a violation are not reason for a student to be found Not Responsible, but rather are considered when issuing outcomes for the violation.
8. Students will be able to review the report as a part of their Behavioral Resolution Meeting. Students who would like to retain a copy of the report can request one through their resolution officer or in the CS&C office. Please note that the CS&C office requires one full business day to redact the report if a copy is requested. Reports are generally not released to students prior to a Behavioral Resolution Meeting.
9. Cases are likely to be forwarded to an Accountability Hearing when:
   1. The case involves behavior the University determines to be of an egregious nature.
   2. The resolution officer’s findings reflect the evidence known at the time, but the student has denied the violation and indicates having decision-altering evidence that needs to be considered.
   3. The case involves a complainant or a victim.
   4. The case could result in expulsion.
10. Neither the resolution officer nor the student is permitted to audio or video record a Behavioral Resolution Meeting, but both parties are permitted to take notes.
11. Decisions made in a Behavioral Resolution Meeting are final, except in cases resulting in a Suspension or Expulsion. (See the Appeals section)

1. The University Hearing Board facilitates Accountability Hearings deemed as cases egregious in nature, involving a complainant or victim, the primary facts of the case are in dispute, involving possible Suspension or Expulsion, or Appeals of Suspensions issued in a Behavioral Resolution Meeting.
2. UHB members are provided a copy of the original report, any witness statements or supplemental materials collected by CS&C, as well as the student’s written account, witness statements, and supplemental material. These documents are gathered in what becomes known as the case packet.
3. The student must submit materials to CS&C within three business days of a Behavioral Resolution Meeting in order to have their personal perspective represented in the case packet.
4. Students can pick up a redacted copy of the case packet between Noon and 4 pm on the business day prior to their hearing. (It is incumbent upon the student to pick up the packet, as the office does not reach out to remind students.)
5. The UHB consists of three or five trained community members and has a majority of student members in each hearing.
6. Findings and outcomes are voted on and approved by a majority vote and forwarded on as recommendations to the Office of Community Standards & Civility for final review and determination.
7. UHB members recommend findings using a preponderance of the evidence standard to determine what more than likely occurred. In other words, based on the evidence presented, the UHB members will exercise their best trained evaluation of information presented when determining whether the student should or should not be held responsible for violating the Code in question. UHB members consider the information presented as evidence and utilize their own reasoning skills and training to establish the weight and credibility of each piece of evidence in a case.
8. In addition to the three or five UHB members, each hearing is facilitated by a UHB Chair. The Chair is responsible for administering the procedures of the hearing and ensuring the standards, procedures, and expectations of administering the process are fulfilled to a reasonable standard. The Chair participates in the questioning portion of the hearing and maintains order throughout the process but does not engage in UHB members recommendations on findings.
9. Prior to, and during, the hearing, the UHB will not have access to the student’s disciplinary history (or lack thereof), unless the student chooses to reveal the information during the hearing. The Board is permitted to inquire about any disclosure. The UHB will be provided the student’s disciplinary history only after a student has been found Responsible/Complicit for a violation if it is needed for the purpose of reviewing outcomes and making recommendations.
10. UHB results are not shared with the student until the University has reviewed the UHB’s findings and recommended outcomes. Results are shared in person, during a Results meeting. Students will be asked to schedule a Results meeting upon arrival at their scheduled hearing.
11. The hearing will consist of questions from the UHB to the responding student and any witness(es) presented to them. Witnesses are not permitted to observe any part of the hearing other than the time they are invited into the room to respond to questions.
12. Witnesses present for UHB questioning must have submitted a written statement as a part of the case packet or have their perspective illustrated in the content of the original report.
    Additionally:
    1. Only those who have witnessed the actual incident or the  related events leading up to or directly following the incident are permitted to participate in the hearing.
    2. Character witnesses are not permitted as a part of the hearing or as part of the case packet, but character reference letters may be submitted to the Board for review during deliberation of outcomes (maximum of 10 letters per case).
    3. The responding student will be granted an opportunity during the hearing to submit relevant questions to the UHB for consideration as part of the hearing. Questions deemed relevant and appropriate by the UHB will be addressed to the individual witness by a UHB member or the UHB Chair.
    4. The UHB may limit the number of witnesses called into the hearing but will read each person’s statement as submitted to the case packet.
    5. The responding student is not permitted to communicate directly with witnesses or complainants during the hearing unless approved by the UHB Chair.
    6. Responding students are responsible for inviting their own witnesses to the hearing.
    7. Students who have also been accused of a potential code  violation related to the incident at hand, also cannot serve as witnesses for other students. The totality of all information shared during the hearings will be questioned and explored by the UHB during each individual hearing.
13. Students are not required to respond to the accused violations orally or in writing and can choose to attend or not attend their assigned hearing. The UHB will continue to hear the case, deliberate, and recommend findings, regardless of the student’s participation. Even if the student chooses to withdraw from the University, this does not prevent or otherwise alter the continuation of the process.
14. Students are allowed to have one support person sit with them during an Accountability Hearing. This person can provide guidance and advice through written notes or can just serve a supportive presence. This person can be your Conduct Adviser, but it cannot be a lawyer or attorney. Support people are not permitted to speak or engage in the hearing. However, having someone who knows the student and who is invested in their success is often helpful to students. A Conduct Adviser may serve in this role through a direct invitation from the student, as they will not be at the hearing otherwise. All written notes exchanged between the support person and the responding student will be collected and shredded at the end of the hearing by the UHB Chair.
15. Students are permitted to submit documents, photos, video, forms, etc. as a part of their case packet or impact statements. Any items submitted that are not directly relevant to the Code of Conduct in question can be removed by CS&C. In the event this occurs, the student will be notified by CS&C.
16. Hearings held by the UHB are recorded. This recording becomes part of the student’s disciplinary record in the case. This official recording is the only recording (audio or video) permitted in the hearing. Participants are, however, permitted to take written notes during the hearing, but will be collected at the end to be shredded by the UHB Chair.

Listed below are sample outlines and examples of the various forms of documents students are permitted to submit for an Accountability Hearing. All documents must be submitted within three business days of the Behavioral Resolution Meeting. In the event that new evidence comes to light following the submission of your paperwork, contact CS&C prior to your hearing.

Included in the Case Packet

(Reviewed prior to and during the hearing)

Written Account

1. Your name in the top right
2. Three to five sentences on who you
3. A detailed account/description of the This can include relevant events leading up to or occurring immediately after the incident.
4. Content concerning how your decision-making or behavior has changed since the
5. Closing paragraph that can include suggested actions for the findings as well as suggested consequences in the event you are found Responsible.

Note: Content addressing impact will be removed if submitted as a part of the case packet.

Witness Statements

1. The student’s name (responding or complainant) in the top right
2. Detailed description concerning what you witnessed from start to This should not include what you “understand” to have occurred. It should instead include what you witnessed.
3. Name of the person writing the letter with a description (e.g., roommate, bar manager, student).

Not Included in the Case Packet

(Reviewed by UHB during deliberations after a finding of accountability is made)

Character Letters

Note: A maximum of 10 letters per case is permitted.

1. The student’s name (responding or complainant) in the top right
2. Introduction of who you are, including your relationship to the
3. Detailed description of your understanding of the student’s It is sometimes more effective if you include your knowledge of the incident at hand so you can situate your statements of character to the specific issue.

Note: Letters disparaging a person’s character or submitted against another person will not be accepted.

Personal Impact Statement

1. Your name in the top right
2. Introduction of who you
3. Detailed description of how the incident under review has affected you since it occurred and what you have reflected on since.

The Student Conduct System includes two processes to appeal an outcome. The first is for students who are issued a Suspension or Expulsion from a resolution officer in a Behavioral Resolution Meeting. (For assistance requesting a Behavioral Resolution Appeal, see the section under Submitting and Understanding a Behavioral Resolution Appeal). The second is the appeal process for an Accountability Hearing resolved by the University Hearing Board. (For assistance requesting an appeal, see the section under Accountability Hearing Appeals).

A.    BEHAVIORAL RESOLUTION APPEAL

The outcome of a Suspension/Expulsion issued by a resolution officer in a Behavioral Resolution Meeting is appealable; this is due to the one-on-one nature of the Behavioral Resolution Meeting. The Behavioral Resolution Appeal allows for a larger body (UHB) to review a serious consequence/outcome.

1. In order to request a Behavioral Resolution Appeal, the student must submit appeal documents to CS&C within three (3) business days of the Behavioral Resolution Meeting or, if the decision is not issued at that meeting, within three (3) business days of the written notice of the Behavioral Resolution decision. The Notice of Action letter will provide an appeal link to submit all documents electronically. If the link does not appear, contact CS&C at 937-229-4627 or submit materials via email to csc@udayton.edu.
2. Students who request a Behavioral Resolution Appeal will be assigned a Conduct Adviser when notified of the time and date of their hearing. Conduct Advisers are trained faculty and staff volunteers who are willing to meet and help the student prepare for the review. They can provide tips on everything from what to wear to what questions to expect from the UHB. Conduct advising is an optional service, but students are encouraged to utilize the assistance.
3. Students are permitted to have someone sit with them during the appeal hearing. Support people can provide guidance and advice through notes or simply by being a supportive presence. Only one support person may attend the hearing. This person cannot be a lawyer or attorney. Outside this exception, the student can choose anyone (e.g., Conduct Adviser, parent, friend) to serve in this role. Support people are not permitted to speak or engage in the hearing. However, having someone who knows and is invested in the student’s success is often helpful.
4. The University Hearing Board serves as the appeal body for Suspensions/Expulsions issued in a Behavioral Resolution meeting.
5. The UHB comprises three or five members and will either uphold the Suspension/Expulsion or determine that a lesser outcome should be issued by CS&C. The UHB’s decision is determined by a majority vote and forwarded to the Office of Community Standards & Civility as a recommendation, with review and final determination by the Office of Community Standards & Civility.
6. Board members consider the following when determining the appropriateness of a Suspension or Expulsion:
   
   1. The student’s disciplinary history prior to the Suspension/Expulsion.
   2. The circumstances, findings, and documents concerning the case that resulted in Suspension/Expulsion.
   3. The consistency of the Suspension/Expulsion decision with regard to similar cases/histories.
   4. The risk for the institution with regard to upholding or changing the Suspension/Expulsion.
7. Witnesses are not permitted in these appeals, but students are permitted to submit letters of reference or character to the UHB (maximum of 10 letters per case).
8. Each hearing is facilitated by a UHB Chair. The Chair is responsible for administering the procedures of the hearing. The Chair of the hearing participates in the questioning portion of the hearing and maintains order throughout the process but does not vote.
9. UHB results are not shared with the student until the University has reviewed the UHB’s recommended outcomes the business day following the hearing. Results are shared in person, during a Results meeting. Students will be asked to schedule a Results meeting upon arrival at their scheduled hearing.
10. The decision in these cases is final, with no further appeal.

SUBMITTING DOCUMENTS FOR A BEHAVIORAL RESOLUTION APPEAL

The following provides information related to documents for the appeal and
information/materials the UHB has access to during the appeal.

What to Include in your appeal:

1. Three to five sentences about who you are.
2. A detailed description of why you believe Suspension/Expulsion is not the appropriate consequence, given your case and your student conduct history (or lack thereof).
3. A description of what actions you have taken since the incident to alter your behavior or assist you in making different choices.
4. The impact this incident has had on you along with a plan for how you will manage social situations, campus life, etc. in the future so that no further violations of the Code of Conduct occur.
5. Many students choose to submit character letters. If you choose to do so, there is a limit of 10 letters.

What the UHB will have when you arrive:

1. The originating incident report.
2. A summary of the Behavioral Resolution Meeting from the resolution officer.
3. A copy of your student conduct history.
4. Your request for appeal.
5. Character letters submitted with the request.

B.  ACCOUNTABILITY HEARING APPEAL

1. Students may request an appeal of an Accountability Hearing heard by the UHB.
2. To request an appeal with the Appeals Review Committee, the student must submit an Appeal request and all supporting documentation within three business days following the Notice of Action provided in the UHB Results meeting or the date of the Notice of Action letter, whichever is later.
3. A request for appeal can be submitted using the link provided in the Notice of Action letter. If this link is not functioning, contact CS&C at 937-229-4627 or submit a request via email to csc@udayton.edu.
4. Submissions will be reviewed by the Dean of Only those requests determined to meet the appeal criteria in the case will be approved for an appeal to the Appeals Review Committee. The criteria for an appeal are:
   1. The student submitted/presented information that indicates a clear error in the Resolution Process that may have affected the final outcome of the Board’s decision.
   2. The student submitted/presented new evidence or new information that did not exist at the time of the hearing that would have a bearing on the Board’s original findings.
   3. The Suspension/Expulsion issued is substantially disproportionate to the offense, which means it is in excess of what is reasonable given the facts or the circumstances of the violation as well as the cumulative conduct of the responding student.
5. Failure to present information or witnesses known to the student at the time of the original hearing will not be considered new evidence.
6. When requests meet appeal criteria, they are forwarded to the Appeals Review Committee for a final determination.
7. The Appeals Review Committee consists of a staff member of the UHB (designated by the Vice President for Student Development & Chief Student Experience Offdicer), a student member of the UHB (designated by the President of Student Government Association), and a faculty member (designated by the Academic Senate).
8. In cases where the Dean of Students is uncertain the criteria have been met, the Dean of Students will forward the case to the Appeals Review Committee by default.
9. In cases where the appeal request is granted, the Dean of Students will parse out the sections of the appeal request that they have determined to meet or possibly meet criteria—and withhold other items that do not—at their discretion.
10. When approved, the Appeals Review Committee will convene to deliberate over the issues Actions that may be taken by the Appeals Review Committee include but are not limited to:
    1. Determining that no corrective action is needed as the new evidence/information or error would not change the original findings of the case.
    2. Determining that the Suspension/Expulsion issued is disproportionate to the incident as well as the cumulative conduct and issuing a lesser outcome that is more consistent and appropriate.
    3. Determining that the original UHB is to be reconvened to consider the new evidence/information. This process may or may not include the student, at the discretion of the Appeals Review Committee.
    4. Determining that the case should be heard by a new Board or referred back to a previous step in the Student Conduct Resolution Process.
    5. Referring the assigning of outcomes to the Office of Community Standards and Civility with advisement in cases where the Appeals Review Committee administratively alters the finding.
11. Decisions rendered by the Appeals Review Committee, or actions taken, are final and not subject to further appeal. Cases sent back to a Board or other step in the Student Conduct Process are not eligible for a second appeal. In such instances, the Appeals Review Committee will first determine if the criteria were met and only proceed if they conclude that it has been.

SUBMITTING AND UNDERSTANDING A REQUEST FOR APPEAL

The following information is intended to assist you when requesting an appeal of a finding/outcome made in an Accountability Hearing:What to include in your request:

What to include in your request:

1. Your name in the top right corner.
2. Three to five sentences about who you are and what you are asking to appeal.
3. Using the criteria for appeal as headers, indicate what criteria for appeal you believe your appeal falls under.
   1. If you are filing under New Evidence, submit the new evidence with a description of what it is, how/when you became aware of the evidence, and how you believe it would affect the outcome of the case.
   2. If you are filing under Error, submit your description of what you believe to have been the error in the Student Conduct System, the section of the Code and system you feel relevant to the error, and how you believe the error affected the outcome of the case.
   3. If you are filing under Suspension/Expulsion, provide all information and/or supporting documents demonstrating the outcome is substantially disproportionate to the offense, which means it is in excess of what is reasonable given the facts or the circumstances of the violation as well as the cumulative conduct of the responding student.

What happens after you submit:

1. The Dean of Students will review the file and the request.
2. You will be notified with one of the following responses:
   1. Your request for appeal did not meet criteria and has been denied.
   2. The Dean of Students has forwarded your request for appeal to the Appeals Review Committee asking them to review sections of your request that met criteria.
   3. The Dean of Students has forwarded your request for appeal to the Appeals Review Committee asking that they first determine if the request meets criteria as she was on the fence.
3. At each stage of the process you will be updated via email or through a system notification.

Note: The student is not invited to attend this portion of the process. It is important to note that if the information you want the Dean or Appeals Review Committee to know is not included in your submission, it will not be considered.

A.  ADAPTIVE RESOLUTION

Adaptive Resolution (AR) processes such as conferences, circles, and facilitated dialogue allow individuals involved in an incident/situation to have significant influence over the resolution process including outcomes. The Adaptive Resolution process is designed to eliminate the conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the reporting/affected parties and/or community while still maintaining the safety of the overall campus community.

Participation in an AR process is voluntary and will only be used if (1) persons personally and/or directly affected by the conflict agree to attempt resolution through one of these processes and (2) the resolution officer believes that the process is an appropriate form of resolution and has

consulted with the Director of Community Standards and Civility. The nature of some conflicts may render AR inappropriate and will be left to the discretion of the Director of Community Standards and Civility.

When a mutually satisfactory resolution is reached by the parties (all parties agree to each outcome outlined in the formal agreement), the case is resolved and parties are encouraged to use the Resolution Officer as a resource for future questions. Resolutions reached through AR may not be appealed.

If resolution is not achieved through an attempt at AR and the matter involves a potential code violation, the most appropriate path of formal resolution is initiated (Behavioral Resolution Meeting or Accountability Hearing).

The following outlines expectations should individuals wish to participate in the Adaptive Resolution process:

1. Participation in this process is voluntary and either the Responding or Impacted parties, or the resolution officer, can choose to end the process at any time prior to signing the agreement. The University reserves the right to suspend or terminate the Adaptive Resolution process at any time.
2. Participation in this process does not constitute a finding of “Responsible” for a violation of the Student Code of Conduct Conduct, and is therefore not reflected as reportable on the Responding students disciplinary record.
3. Should new information come to light during the Adaptive Resolution process that significantly escalates the conduct under review, the utilization of the Adaptive Resolution process will be reassessed.
4. Once a resolution has been reached, the matter is considered final and is not subject to further review.
5. Should subsequent conduct occur of a similar nature, the use of the Adaptive Resolution process will be left to the discretion of the Director of Community Standards and Civility to resolve the matter.
6. The outcomes outlined in the agreement can be used in determining future outcomes if a student is found Responsible for subsequent violations of the Student Code of Conduct.
7. The Responding student may be charged with Compliance for failure to meet all requirements outlined in the agreement.
8. Information documented during this process will be kept for records maintenance and kept as part of the outcome of this However, if the Adaptive Resolution Process is no longer pursued, information gained through these procedures will not be used in a formal resolution process.
9. Both parties may be accompanied by an Adviser or support person at any meeting with student conduct staff during the Adaptive Resolution A support person/adviser can not be an attorney or lawyer.

There are two types of diversion programs (in lieu of the disciplinary process) offered to students who choose to participate. The first is the Opt-In Program, designed for low-level offenses, and the second is the Blueprint Program, which gives the student the ability to make amends while receiving assistance/education on a particular topic. These programs are offered as a courtesy to students and are intended to provide certain types of offenses with an educational intervention without the student incurring a conduct record reflecting a violation. The student must be invited to participate in one of these programs. Invitations to diversion programs are offered in cases where the content of the original report meets the criteria for the program, and the Resolution Officer feels that if the behavior occurred, it could be best remediated with education on the expectations of living in a university community. In addition to the diversion programs offered, the Director of CS&C has the authority to divert a case to an alternate form of resolution before considering it for the Student Conduct System, as long as the accusations do not involve sexual violence (unless the University’s Equity Compliance Office approves such diversion).

Students whose cases meet the criteria to participate in one of the two diversion programs are offered the opportunity to have the adjudication of the case withheld as long as they complete the program as specified. The offer comes with an expiration date, and the same program is not offered a second time during the student’s tenure at the University. Students who do not attend/participate as directed after choosing to attend a diversion program will be forwarded through the Student Conduct System and will not be given a second opportunity to attend the program. The University is not obligated to offer diversion to any particular case and has the right to determine if a situation meets the criteria of a diversion program. Following are the criteria for invitation:

1. Opt-In Program:

The Opt-In Program is an alternative to the Student Conduct System for first-time incidents of a minor nature. The program covers the Student Conduct System, the Code of Conduct, and alcohol education, and other relevant codes. To receive an invitation to participate in the Opt-In Program, the following criteria must be met:

1. It must be the first time the student has been reported for a possible violation of the Code of Conduct.
2. Accused violations must be of a minor nature and cannot involve a complainant, a victim, or behavior that the University has determined to be egregious.
3. The report can include possession of an open or unopened container of alcohol, but cannot include descriptors that indicate consumption/intoxication (e.g., slurred speech, bloodshot eyes, strong smell of alcohol on or about the person, vomiting, erratic behavior, swaying, or difficulty following or keeping up with conversations).

Requirements: Students who are invited and choose to attend the program must:

1. Follow the instructions provided to the student by their resolution officer found in their letter.
2. Complete the appropriate modules assigned or indicate the student would rather have the case resolved in the formal Student Conduct Process.
3. Successfully complete all steps related to the program or outcomes assigned.

The invitation to attend the Opt-In Program expires, as indicated in the student’s notification. Failure to complete elements related to resolution of Opt-In will result in a Dean's Hold being placed on the students account for each outcome failed to be completed.

2. BluePrint Program

The Blueprint Program is another alternative to the Student Conduct System for cases the Director of CS&C determines to have a higher educational impact through mediation, community restoration initiatives, or behavioral counseling services. This program comes as an invitation in cases where the original report to CS&C met the criteria for participation and was approved by the Director of CS&C. In order to be invited to participate in the Blueprint Program, the original report must meet the following criteria and be approved by the Director of CS&C:

1. It must be the first report for a like circumstance for the student invited.
2. The report cannot include accusations of harm to another person(s), arson, hazing, possession of firearms, acts of sexual violence (unless the University’s Equity Compliance Office approves such diversion), or other acts of an egregious nature.
3. Examples of cases or reports appropriate for this process include but are not limited to the following:
   1. Relationship dispute (nonviolent, non-abusive).
   2. Disorderly behavior involving self-harm or threat to self.
   3. Solicitation/commercial activity.
   4. Unauthorized access.
   5. Bias-related comments.
   6. Unforeseeable health related issues.
   7. Contract-related compliance.
   8. Postponed or delayed action.
   9. University Process Abuse.
   10. Sexual harassment or discrimination when approved by the Equity Compliance Office.
   11. General acts of incivility that are outside the expectations of living in community at UD.
   12. Directive from the Dean of Students where confidentiality
       applies.

Requirements: Students who are invited and choose to participate in the Blueprint
Program must:

1. Respond to the notice of possible violation or invitation as instructed. This invitation may come via email, in writing, or in person.
2. If the invitation requires a meeting, attend the Blueprint meeting to discuss the parameters of the program within the timeframe allotted.
3. Agree to the terms set forth in the intake Blueprint meeting to participate in the program, rather than have the case resolved in the Student Conduct System.
4. Follow instructions for the action steps in the program. These steps can range from restitution to ongoing follow-up meetings, depending on the specific case.
5. Complete all expectations set forth in the original intake agreement and/or notice letter.

The invitation to attend the Blueprint Program expires as indicated in the student’s
invitation or notice of possible violation. Failure to attend or complete requirements
(even with good reason) will result in a Dean's Hold being placed on the students
account.

The University will maintain student disciplinary records

1. to be in compliance with federal law,
2. for the purposes of institutional research and
3. to be kept for purposes as institutional knowledge should the student choose to return to the UD community.

Such records will not be disclosed other than in compliance with the University’s Disclosure of Student Records Policy (also known as its FERPA Policy) and any applicable laws or regulations. Generally, only findings of “Responsible” are reported to outside requesters (assuming a disclosure form has been signed by the student), depending on the nature of the outside request.

After 7 years from the date of the last incident, post-graduation, it is the practice of the University of Dayton to delete all disciplinary records that did not result in Suspension or Expulsion. Student conduct files that include a case that ended in Suspension or Expulsion will be maintained indefinitely.

Lastly, this practice only applies to records held and maintained in the Office of Community Standards and Civility. Records held and maintained by the Department of Public Safety, Equity Compliance Office, Student Employment Office, etc., are subject to guidelines set by the University Record Retention Policy, the practices within those offices and state/federal law.

 

Former students may request their disciplinary record be expunged (i.e., considered erased / deleted) if the following parameters are met and in compliance with the above records maintenance practice for disciplinary records.

1. The former student must have successfully completed all academic requirements for their program and graduated from the University of Dayton, or separated from the University with no intention of returning as an undergraduate student.
2. All outcomes related to any disciplinary cases must have been completed successfully.
3. Incident(s) did not involve violence, threats of violence, a victim or impacted party, any form of harassment or discrimination, a drug violation that could qualify as a felony charge in the legal system, disruption to the orderly operations of the University, and/or an outcome of suspension or expulsion.
4. The incident(s) is not subject to rules or regulations prohibiting the University’s ability to expunge it (e.g., regulations that impact the ability of the University not to disclose information regarding a student athlete to a transferring institution).

To make a request for expungement, a former student must submit their request in writing to csc@udayton.edu for review by the Director of Student Conduct (or designee) with regards to the above criteria. Requests will be considered on a case-by-case basis. If an expungement is granted, the record will be maintained in accordance with the University’s Disclosure of Student Records Policy (also known as its FERPA Policy), any applicable Clery Act or other legal/regulatory requirements, court proceedings, and the University’s Record Retention Policy, but it will be considered non-disciplinary in nature from the point of expungement forward (i.e., generally outside parties requesting disciplinary records will be told that there are no disciplinary records).* The students will be provided a written response to their request; no appeal process is granted in the event the request is denied.

* For example, if the University faces discovery requests or subpoenas that would encompass the student’s expunged records and the record retention period has not elapsed, the University may still need to disclose the records depending on the circumstances (but would comply with FERPA requirements prior to disclosure of the records).

For the Behavioral Resolution Meeting, the organization/group may send an additional member to accompany the president/designated representative. If desired, the organization/group may invite an adviser (faculty/staff/(inter)national member) to attend. All members of the organization/group are required to respond to and attend any meeting concerning an investigation. Failure to do so may result in individual disciplinary action. Members are expected to be honest and forthright with the University. Members are not to be instructed to communicate a "group response" when spoken to, but they are required to speak from their own experience, in their own words. In cases where staff believes members have been coached or instructed to provide false information, the organization/group may be placed on an Interim Suspension/Expulsion, pending the resolution of the case, and the evidence/information concerning such instruction will be included in the content of the case.

When an organization's/group's case is heard in an Accountability Hearing by the UHB, members are permitted to send two participating representatives. As with any conduct case before the UHB, the organization/group can have one support person sit with them during the hearing. It is suggested that the organization/group choose one of their advisers to serve in this role.

Organizations/Groups found to be responsible for violating the Standards of Behavior or violating any policies of CSI will no longer be in good standing with the University. The University is permitted to alter the organization’s/group's status for all cases resulting in a finding of Responsible. Action in the Student Conduct System may affect an organization's receipt of recognition, funding, awards, and other privileges available to organizations/groups in good standing. If an organization/group should receive a disciplinary notice, any cases resulting in a finding of Responsible will become an official part of the student organization’s/group's file. However, for the purpose of any future case, the UHB typically will only consider five years of the organization’s/group's disciplinary history. Records including incidents of a violent nature may be considered beyond the five-year mark as determined by the Vice President for Student Development & Chief Student Experience Officer or the Dean of Students.

Outcomes are specific restrictions or requirements a student organization/group must adhere to or complete. They may include, but are not limited to, loss of organization/group recognition, loss of privileges/rights, community service, restitution, monetary fines, community education (presentations), loss of social activities, loss of special interest housing, apology letters, loss of funding, loss of the privilege to recruit new members, Written Warning, University Disciplinary Probation, Suspension, or Expulsion. The following defines the different standings that may accompany the outcomes for a student organization/group:

1. Organization/Group Disciplinary Probation: Probation consists of an official notice that any further/future actions or behavior that violate the Code of Conduct will likely result in the organization’s/group’s Suspension/Expulsion and loss of recognition. Probation is accompanied by a variety of disciplinary consequences/sanctions and may include loss of recruiting new members, loss of privileges from varying programs/events, loss of use/application for special interest housing, and loss of campus facility usage.
2. Organization/Group Suspension: The student organization/group is no longer recognized by the University and must completely cease all activities for a specific period of time or until specific conditions are met. All students residing in an organization Special Interest House may be removed from the facility, and the house will no longer be deemed as a Special Interest House for that organization/group. The organization/group will also lose all privileges from the Center for Student Involvement. If it is determined that the organization/group is operating in an underground/unofficial fashion, the organization/group will be subject to either an extension of the Suspension term or Expulsion.
3. Organization/Group Expulsion: The student organization/group is no longer recognized by the University and must completely cease all activities on a permanent basis. This means no request or petition to reinstate this organization/group at the University of Dayton will be accepted in the future.

• Charters/Constitutions and Bylaws: In addition to the foregoing, the University prohibits requiring or implying requirement to participate in any act that violates the Code of Conduct; the Center for Student Involvement policies for recognized student organizations; local/state/federal law; a student organization’s/group's charter/constitution/by-laws; the constitution /by-laws of the National Pan-Hellenic Council, National Panhellenic Conference, or NorthAmerican Interfraternity Conference; or rules of the Division of Athletics, NCAA, sport clubs, or intramurals.
• Concurrent Legal Charges: Violations of the Hazing Policy and/or Code of Conduct may also constitute violations of Ohio law. Students may find themselves charged through the criminal justice system for incidents that have also been attributed to violations at the In these cases, the University will generally proceed with the Student Conduct System concurrently with the legal system. The University does not offer legal advice/counsel to students facing criminal charges.
• Individual Student Charges: In cases where the code violation is performed by an individual member of an Organization or Group, the Organization or Group as a whole may be held responsible. Individual students may be charged separately through the Student Conduct System as well. Delegating or requesting another student, Organization or Group to perform any act that violates the Hazing Policy will result in charges of hazing being brought against the requesting student, Organization or Group, as well as against the Organization, Group, or individuals performing the act, regardless of affiliation.
• Depth and Breadth of Process May Vary: The level of any University investigation may vary based on what is included in a report, what is learned in subsequent inquiries, the connection if any to an Organization or Group, etc. Even if an element of an investigation stops being pursued based on a lack of connection to an Organization or Group or other findings, other policy violations may still be pursued and investigated.
• Individual Amnesty for Other Policy Violation(s): Students who participate in a University investigation or inquiry may, on a case-by-case basis, be offered amnesty for other policy violations (such as alcohol violations) for individual behavior disclosed as part of that investigation or inquiry.
• Organization or Group Hazing: When an Organization or Group is alleged to have engaged in hazing, the University reserves the right to impose different sanctions and processes than it might impose or adopt when handling an allegation of hazing directed at an individual. More details are included in the Student Standards of Behavior and Code of Conduct, in the section addressing Student Organizations/Groups.

The Center for Student Involvement, Campus Recreation, Leadership Development, Campus Ministry, Athletics, or academic unit(s) under which the organization/group is affiliated, have the authority to take administrative action outside of the Student Conduct Process for violations of expectations set forth for recognized student organizations/groups. Failure to abide by the process provided by the Center for Student Involvement, Recreational Sports, Leadership Development, Campus Ministry, Athletics, or academic unit(s) under which the organization/group is affiliated (depending on the organization/group) may result in a charge of Compliance. Additionally, the Vice President for Student Development & Chief Student Experience Officer, Dean of Students, or designee have the authority to issue a Cease and Desist Order to any group or organization for the purposes of investigation of possible violations of the Code of Conduct.

Organizations/Groups not officially recognized by the University who are using University resources (e.g., facilities, WiFi, etc.) are not afforded the process described in this handbook and may be automatically disbanded. Additionally, individuals within those groups may be charged for violations associated with the behavior of the group where deemed appropriate by the Vice President for Student Development & Chief Student Experience Officer or the Dean of Students. For information on requesting to become a recognized organization, visit go.udayton.edu/involvement.

Student organizations/groups are not permitted to host or sponsor poker tournaments, casino nights, or other similar events that mimic or promote gambling due to legislative limitations on these types of activities on campus.

Adjudication Withheld: A finding in the Student Conduct System indicating that the student chose to participate in an educational intervention in lieu of the Student Conduct Process. (See Diversion Programs.)

Agreement: Refers to the written resolution of an incident resolved through Adaptive Resolution. The terms of the resolution are agreed upon by all parties and entered as outcomes into the resolution of the conduct matter; the agreement.

Appeals Review Committee: A committee that reviews qualifying appeals that consists of, a staff member of the UHB (designated by the Vice President for Student Development & Chief Student Experience Officer), a student member of the UHB (designated by the President of Student Government Association), and a faculty member (designated by the Academic Senate).

Behavioral Resolution Meeting: A formal resolution conducted by a resolution officer (administrator) for disciplinary action and/or referral to an Accountability Hearing.

Campus Area: The area that falls primarily within the north/south borders of Irving and Wyoming Avenues and the east/west borders of Brown Street and Woodland Cemetery, as defined by the Mutual Aid Agreement between the City of Dayton and the University of Dayton. This includes University-owned or controlled properties, including, but not limited to, those on Brown Street (Fitz Hall), Irving Avenue, Edwin C. Moses Boulevard (arena and athletic areas), Patterson Boulevard (Daniel P. Curran Place), Old River Park, Stewart Street and portions of the Arcade in downtown Dayton.

Case Packet: The packet of materials submitted to the UHB for consideration.

Cease and Desist Order: A formal directive issued by the Center for Student Involvement and/or the Office of Greek Life instructing a student organization/group to stop all activity immediately.

Charges: Specific provisions of the Code of Conduct submitted as having possibly been violated by the accused student.

Community Disturbance: Community disturbances encompass a wide range of behaviors. Such incidents can include harmful or destructive conduct such as violence, damage to or destruction of property, blocking sidewalks/streets, setting fires, throwing glass bottles or other objects, refusing to vacate an area where such activity is occurring or any other highly egregious or reckless behavior that compromises the safety and security of the University community and/or ability for the police/other authorities to maintain order.

Complainant: A person reporting possible violations of the Code of Conduct.

Complicit: A finding in the Student Conduct System that indicates the preponderance of evidence/information demonstrates that while a student was not in direct violation, it is clear the student witnessed, was present at, or was determined to be responsible for hosting/encouraging violations. This includes, but is not limited to, allowing (having knowledge of and failing to report) violations to occur in their assigned residence (room, suite, apartment, and/or house).

Common Source: A large container, such as a punchbowl, trough, tub, or trash barrel, used for the consumption or serving of an alcoholic beverage in large quantities.

Conduct Adviser: Students, faculty and staff who are trained to know and understand the Student Conduct System and serve as advisers to students seeking assistance. These advisors are not permitted to speak for the student but serve to aid the student in their preparation and understanding.

Dean’s Hold: Notation on the student’s University account indicating that the person is not permitted to register for classes, receive transcripts and/or a diploma until a pending issue is resolved with the dean’s office that placed the hold.

Diversion Program: An educational intervention that diverts a Student Conduct Case away from the Student Conduct System. (See page 33 for details).

Educational Intervention: Educational consequences intended to aid in a student’s emotional, intellectual and/or cognitive development with an intended outcome to change behavior.

FERPA: Family Educational Rights and Privacy Act of 1974. For the University’s Policy on Disclosure of Student Records, aka its FERPA Policy, go to udayton.edu/policies/enrollment/ferpa/index.php. The University’s annual notification of FERPA rights is at https://udayton.edu/policies/enrollment/ferpa/notification_of_ferpa-rights.php.

Findings: The determination of responsibility for an accused violation of the Code of Conduct.

Guest: An external visitor of a student and/or a student who is being hosted in the residence of a fellow student.

Medical Amnesty: Students who gain access to medical attention due to peer intervention will qualify for medical amnesty. Additionally, the caller will not be documented for simple alcohol/drug violations that become known to authorities as a result of the call for assistance. In cases where the student calls for themselves, they will be documented and remain qualified for the amnesty program. Provided the student requiring medical attention agrees to participate in the Blueprint Program, medical amnesty will shield the incident from disciplinary action. Additionally, in these circumstances, students who are on, or have been on, university disciplinary probation for alcohol- or drug-related issues will be protected from the consequences of suspension or expulsion within reason.

Monetary Fine: Disciplinary fine assessed for violations of the Code of Conduct.

No Contact Order: An order from a University Official to have no contact with a particular person or persons. Contact is considered any verbal, written, electronic, nonverbal gesture, third party messages, indirect loud talking in the vicinity of the person and could include indirect actions that appear to the University to be intimidating or to circumvent the order’s restrictions.

Not Responsible: A finding in the Student Conduct System that indicates the preponderance of evidence/information available to the University does not demonstrate the student was in violation of the Code.

Outcomes: Officially assigned interventions for violations of the Code of Conduct.

Open Container: Any alcoholic beverage that has been opened and is being transported in public, including any street, sidewalk, alley, park, parking lot or in any vehicle.

Participants: For the purposes of the University’s Hazing Policy, ‘participants’ is defined as any student who directly/indirectly partakes in a prohibited act by leading, encouraging, witnessing or condoning the act in any manner. Failing to stop or report these actions as a bystander/witness may bring charges upon the individual.

Preponderance of Evidence: Standard by which all levels of findings are issued through the conduct process, which weighs whether it is more likely than not that the particular behavior, misconduct, violation, etc. did or did not occur.

Responding Student: A student alleged to have violated a Code of Conduct.

Responsible Finding: A finding in the Student Conduct System that indicates the preponderance of evidence/information available to the University demonstrates the student was in violation of the Code.

Restitution: Financial reimbursement to the University (no personal disputes are managed by CS&C).

Resolution Officer: University administrator responsible for conducting a Behavioral Resolution Meeting.

Self Defense: Responding to a physical attack with a counter physical response that is immediately followed by an attempt to remove oneself from the situation. Providing a physical defense to verbal attacks is not acceptable and is not considered self-defense at the University of Dayton.

Student: For purposes of the Code of Conduct, a “student” is an individual who has registered with the University for any form of instruction, whether or not for credit. Student status begins at the time of such registration, even if the student has not yet arrived on campus or commenced instruction, and continues until such time as the student graduates, completes the relevant program, is expelled, or otherwise indicates a permanent separation from the University. A student who has been suspended continues to be considered a student for purposes of University policies and procedures. Additionally, an undergraduate student who has not registered for three consecutive semesters (excluding the summer term) is no longer considered a student.

“Graduate” for purposes of this definition means the conferring to or earning of a degree by a student, regardless of whether the student actually attends a graduation ceremony.

The University reserves the right to consider the following individuals to be students:

• Any individual who has confirmed acceptance and is living on campus property but not yet registered for instruction; and
• Any individual considered to be enrolled, even if not actively taking classes.

Additionally, individuals should be aware that their actions (including on social media) post-acceptance but pre-registration may impact their admissions status, and they may be subject to standards and offered fewer procedural steps/recourse than a matriculated student.

Student Group: A number of persons who are associated with the University and each other, but who have not registered, or are not required to register, as a student organization (e.g., athletic teams, musical or theatrical ensembles, academic or administrative units). This definition also extends to student groups that are not officially recognized by the University in any context.

Student Organization: A number of persons who are associated with each other and who have registered with the University as a student organization under the Center for Student Involvement for policies for recognized student organizations.

Support Person: A person chosen by the student to sit with the student during the course of a Behavioral Resolution Appeal or Accountability Hearing or when receiving the final decision of the University Hearing Board. This person is not permitted to be a lawyer/attorney/witness for the case.

University Hearing Board Chair: A staff member designated and trained to preside over UHB proceedings.

University Hearing Board (UHB): A group, comprised of faculty, staff and students, responsible for resolving cases that are not resolved in a Behavioral Hearing.

University Property: Facilities, items and/or land owned, controlled or managed by the University of Dayton. This includes, but is not limited to, library materials, campus signage, campus facilities, grounds, vehicles, classroom materials, etc.

Written Account: A student’s official written statement or account responding to a case being heard by the University Hearing Board.

• If confronted by a staff member or police officer, the student should receive a notification email within a few days. If the student hasn’t heard anything after a week, the student should contact CS&C for information.
• If the student is notified but has no knowledge of being documented, it could be that the report was the result of an investigation, or the report was submitted by a member of the community at large. The student should attend the Behavioral Resolution Meeting. At that meeting, a full copy of the report will be provided for the student to read and respond to.
• There is no reason for the student to begin to “build a case” if notified. The Behavioral Resolution Meeting is an opportunity to attend a hearing between the student and the resolution officer that resembles a meeting more than a hearing. There are no witnesses called or panel members The purpose of the meeting is to share the report and to allow the student to share their personal perspective.
• The student should read the Code of Conduct and review the steps of the process to be prepared to engage in the process.
• The student should reach out to the resolution officer prior to the Behavioral Resolution Meeting if any special needs such as language interpretation, door access, or TTY assistance, are required.
• Students should know that there is a process. Being documented does not mean you are in It means we need to talk to you. Often when a student is notified, anxiety rises and there is an impulse to immediately talk to someone. Moving the process at a faster pace is not always to the student’s benefit. Students should take a moment to think, call their parents, read the handbook, and know that every student in this process will be treated with dignity and respect.
• Students should set aside all knowledge and notions about the S. legal system. The Student Conduct System is not a court system. Instead, it is a system founded in the Catholic and Marianist values of the University. It is an educational process that is intended to be developmental for both the individual and the community at large.
• Stress management is very important. The student is advised not to let their mind race with “what if” Instead, the student should stay in the moment, concentrate on schoolwork, and take the process one step at a time.
• Conduct Advisers are only assigned in cases moving forward to the UHB, however if the assistance of a Conduct Adviser is desired at any point in the process, call 937-229-4627 or email csc@udayton.edu to request one. If the student is unable to make contact or would feel more comfortable with a different adviser, contact CS&C for assistance.
• Concentrating on academic progress while managing a Student Conduct Case is best achieved by utilizing stress management techniques, getting enough rest, and eating If assistance in finding balance to concentrate is needed, call the Counseling Center, the Center for Alcohol and other Drugs Resource Education, the Health Center, or CS&C to get connected to the appropriate services.

DIRECT SUPPORT SERVICES

1. Conduct Advising:

   Each student who is scheduled to attend a UHB hearing, for either a Suspension/Expulsion Review Hearing or an Accountability Hearing, will be assigned a Conduct Adviser. Conduct Advisers are trained faculty and staff volunteers who are willing to meet with and help students prepare for these hearings. They can provide tips on everything from what to wear to the type of questions one might expect from the UHB. Conduct advising is an optional service, but students are encouraged to utilize their assistance. There is a marked difference in managing nervousness and best representing oneself in students who seek out this type of assistance. Conduct Advisers are not typically assigned until the hearing is scheduled. However, if a meeting with a Conduct Adviser is desired before notification of the date of the hearing, the student may email or call CS&C to request an early assignment. The Conduct Adviser may serve in this role, but they must be invited by the student directly.

2. Support People:

   Students are permitted to have someone sit with them during the UHB hearing. Support people can provide guidance and advice through notes or simply be there as a supportive presence. Only one support person may attend the hearing. This person cannot be a lawyer or attorney and cannot be someone serving as a witness in the case. Outside these two exceptions, the student can choose anyone (e.g., Conduct Adviser, parent, friend) to serve in this role. Support people are not permitted to speak or engage in the hearing. However, having someone who knows and is invested in the student’s success is often helpful. A Conduct Adviser may serve in this role, but they must be invited by the student directly.

3. List of Hearing Board Members:

   The UHB consists of trained faculty, staff, and students. Students are permitted to request a list of the Board members scheduled to serve on the hearing in advance. If there are concerns about any of the Board members as it relates to a possible conflict of interest, contact the Director of CS&C at (937) 229-4627. Conflict of interest or bias concerns may be directed to CS&C staff, where they will be addressed. Decisions on how to proceed will be made in consultation with the Director of CS&C or the Dean of Students. Concerns based on gender, race, creed, sex, nationality, disability, color, age, religion, political beliefs, familial or parental status, income status, sexual orientation, marital status, or department of work/study of the Board member(s) will NOT be considered.

4. Community Standards and Civility Staff:

   CS&C is located in Gosiger Hall, Room 227. Any staff member will be happy to help with any questions and concerns. If the student would like someone from the office to contact parents, a FERPA release form must be signed (or on file) so as much helpful information as possible can be provided to them. Email any questions or concerns to the office at csc@udayton.edu or call 937-229-4627.

LOCAL LAWS AND STATUTES

Police reports are open for inspection and copying under Ohio’s Public Records Act. The extent to which the University can withhold the identity of students involved in a case, particularly if criminal charges are involved, is not absolute. However, the University uses its best efforts to protect the privacy of its students, including witnesses, as well as intimate details of the report. Ohio law specifically permits the University to withhold the identity of an uncharged suspect. Regardless of the University’s desire to keep student and witness information confidential, the University complies with Ohio law with respect to making information accessible to the public.

Most Common Laws and Ordinances

ASSAULT	135.03/2903.13	M1/M1
CONSUMPTION IN VEHICLE (Alcoholic Beverage)	90.15/4301.64	M4/M4
DISORDERLY CONDUCT	137.01/2917.11	MM or M4
DRUG POSSESSION (Marijuana)/DRUG ABUSE	139.03/2925.11	MM or M4/MM, Large Quantities = M4 to F2
DRUG PARAPHERNALIA	4301.69	M4, M2, M1
FALSIFICATION	134.02/2921.13	M1/M1
HAZING	2903.31	M4
JAYWALKING	75.01, et al.	MM or M4 (subsequent violation) M3
NOISE VIOLATION	94.05	MM
OBSTRUCTING OFFICIAL BUSINESS	131.02/2921.31	M2/M2 F-5
OPEN CONTAINER IN PUBLIC (Alcoholic Beverage)	90.141/4301.62	MM
OVI (Operating Vehicle Under the Influence)	4511.19	Misdemeanor or Felony
PROHIBITED ACTS (False ID)	4507.30	M1
PUBLIC INDECENCY	136.02/2907.09	M4/M4 or M5
PUBLIC INTOXICATION	90.14/2917.11	MM/MM–M4
TRANSPORT IN VEHICLE (Alcoholic Beverage)	90.16/4301.62	M1/MM

UNDERAGE POSSESSION/CONSUMPTION (Alcoholic Beverage) OR FURNISH ALCOHOLIC BEVERAGE TO UNDERAGE PERSON	4301.69	M14
*RCGO: Revised City General Ordinance ORC: Ohio Revised Code **MM = Minor Misdemeanor M = Misdemeanor 1–4 F = Felony 1–5