Community Standards and Civility

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 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. 

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 may be referred by the Director of CS&C to the Dean of Student’s Office in addition to the processes indicated in student standards of behavior and code of conduct.

The University may issue a No Contact order if deemed appropriate by a University Official or at the request of an individual or group and approved by the Dean of Students Office, Public Safety, or Equity Compliance Office. A No Contact order is defined as:

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.

The University may add to the terms of No Contact within the context of the reported incident that preceded the order or concerns that have arisen during the investigation or conduct process. An order might also include specification of access restrictions to minimize likelihood of contact, as deemed appropriate.

Issuance

No Contact orders, are primarily issued by the Dean of Students Office/ Housing and Residence Life, Public Safety, and Equity Compliance Office.

The University will typically issue No Contact orders to students, faculty, and/or staff who are involved in: • Disorderly behavior • Harassment • Hazing • An ongoing University or police investigation • Physical abuse • Relationship violence • Roommate conflicts • Stalking • Theft • Third party intervention • As outcome/consequence of Conduct action, or by formal or informal resolution of an incident • Unforeseen issue deemed appropriate by the Dean of Students (or her designee), Chief of Police (or his designee), Human Resources, or Equity Compliance Office.

Duration

A No Contact order remains active until one of the following occurs and approved by the University:

• All parties graduate or permanently separated from the University or are no longer employed by the University. • All parties must request in writing to have the order lifted. The University will determine if there is reason/cause to maintain the No Contact order or if it will be lifted/removed.

Record Maintenance

All records will be maintained in the Dean of Students Office, but accessible to Housing and Residence Life, Public Safety, and Equity Compliance Office.

Enforcement and Adjudication

Violations of No Contact orders can be reported to Public Safety and/or Office of Community Standards and Civility. Failure to comply with a No Contact order will result in intervention from the Office of Community Standards and Civility (for students) or Human Resources (for faculty/staff) in consultation with the issuing office. The consequence for such a violation will likely be swift and significant.

The Extent of No Contacts

Please know that a No Contact is an University action and may not be enforceable at off-campus locations and is not recognized by city, county or state law as a legal action. If a student/staff/faculty wish to pursue a civil protection order, they must make the request of the City of Dayton.

Students are assigned a conduct adviser as part of their Behavioral Resolution Meeting when the case is sent to an Accountability Hearing or the student is appealing a Suspension/Expulsion issued in a Behavioral Resolution Meeting. Conduct advisers are volunteers who assist students in preparing for their hearing. Students are not required to utilize a conduct adviser. If you would like to request a conduct adviser other than the one assigned to you contact the Office of Community Standards & Civility at 937-229-4627.

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 expunge (i.e., 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.

The Office of Community Standards and Civility reaches out to parents in compliance with the Family Educational Rights and Privacy Act of 1974 (FERPA).

It is the practice of Community Standards and Civility to reach out to parents in cases where their son or daughter has been placed on University Disciplinary Probation as a response to a violation of the Alcohol or Drug code(s).  This contact is permitted by FERPA and is intended as a means to partner with parents.  This outreach comes in the form of a letter that is mailed to the parental/guardian address provided in the University's student information system.

Outside of this outreach, the office does not pursue parent/guardian contact concerning disciplinary matters. However, every student who attends a Behavioral Resolution Meeting is asked if they would like to have the information released to their parents should their parents inquire. Parents who would like to discuss their student's record can call the office.  The staff will review the file to ensure the record has been released and will address concerns accordingly.  Regardless of a release the staff can speak in general terms concerning the student conduct system and standard procedures.

Students can complete the FERPA form in Porches. 

Opt-In

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, regardless of the reported behavior. To receive an invitation to participate in the Opt-In Program, the original report must be the first time the student has been reported for a possible violation of the Code of Conduct, the report cannot include direct possession of alcohol or any descriptors that indicate underage alcohol consumption, and the aaccused violations must be of a minor nature (cannot involve a complainant, a victim, or behavior that the University has determined to be egregious).

Blueprint

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. 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 push the case back to the Student Conduct System.

Stamp

This program is designed to help students mitigate the length of a yearlong University disciplinary probation. Participation in Stamp is a choice, not a requirement. Students will return to good disciplinary standing with UD upon completion of all requirements of the program, which must be reviewed and approved. For more information, contact csc@udayton.edu.

Restorative Justice (RJ) processes address incidents of harm by actively engaging impacted parties in collaborative efforts to obtain resolutions which foster the well-being of all involved. 

Through facilitated dialogue, participants share their thoughts, feelings, and experiences about the incident.  They also identify impacted parties, the negative impacts that have occurred, and collectively agree on steps to move forward.

There are 4 key tenants of Restorative Justice:

1. Active Accountability: RJ makes accountability active as offender takes responsibility and makes amends.
2. Inclusive Decision Making: RJ places decision making in the hands of the people who care most.
3. Repairing Harm: RJ focuses on reparation and healing to bring harmed parties up rather than drag the offender down.
4. Rebuilding Trust: RJ rebuilds relationships so that offenders can be trusted again and harmed parties can feel safe again.

1. Active Accountability: RJ makes accountability active as offender takes responsibility and makes amends.
2. Inclusive Decision Making: RJ places decision making in the hands of the people who care most.
3. Repairing Harm: RJ focuses on reparation and healing to bring harmed parties up rather than drag the offender down.
4. Rebuilding Trust: RJ rebuilds relationships so that offenders can be trusted again and harmed parties can feel safe again.

RJ is a philosophy applied to various situations across our campus. If you feel you have a situation in which you feel RJ can be used, please contact our office.

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 30 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.

Flyer Legacy

A program built specifically for our students returning from suspension in order to reintegrate into the larger community at UD upon their return. This focuses on repairing harm and providing support to the returning student through tiered engagement from one on one meetings, reflections, and community partners.

Returning to UD? Please complete the Intent to Return form.

Story Circles

Through storytelling and open ended questions, students, faculty and staff share their understanding and their beliefs concerning the UD community. This circle discussion is an exploration into how different people within the community view the celebrations and concerns within our daily interactions on campus. The circle includes topics such as how we support one another, how alcohol impacts our lives, the culture of the campus community, the student neighborhoods and more. Interested students should email csc@udayton.edu to learn more or sign up through 1850 (availability is dependent on participant sign up).