Student Conduct Code
I. Preamble-General Conduct Policy
Academic institutions exist for the transmission of
knowledge, the pursuit of truth, the development of students, and the general well-being
of society. Free inquiry and free expression are indispensable to the attainment of these
goals. As members of the academic community, students should be encouraged to develop the
capacity for critical judgment and to engage in a sustained and independent search for
truth.
Freedom of the individual may be defined as the right to
act or speak, so long as it does not adversely affect the rights of others. Believing in
this concept, Winthrop University will protect freedom of action and freedom of speech for
both students and employees, so long as it is not of an inflammatory or demeaning nature
and does not interfere with the students' living and study conditions and the
administration of its affairs. It shall constitute a disruptive act for any member of the
campus community to engage in any conduct which would substantially obstruct, interfere
with or impair instruction, research, administration, authorized use of University
facilities, the rights and privileges of other members of the Winthrop community, or
disciplinary proceedings. Moreover, Winthrop University is committed to improving the
quality of student life by promoting a diversified educational and cultural experience. Therefore, racist conduct or other acts of bigotry will not be
tolerated.
Rights and freedoms imply duties and responsibilities. Note
should be taken that a student who exercises his or her rights as a private
citizen-whether individually or as a member of a group-must assume full responsibility for
his or her actions. All Winthrop students and employees must abide by local, state, and
federal laws and with all published University policies and regulations. Violations of
laws and regulations will subject the perpetrator to disciplinary action by the University
and/or the appropriate civil or criminal court.
II. Authority and Responsibility
Responsibility for good conduct rests with students as
adult individuals. Student organizations have similar responsibility for maintaining good
conduct among their members and guests and at activities they sponsor. All members of the
campus community are expected to use reasonable judgment in their daily campus life and to
show due concern for the welfare and rights of others.
This code is promulgated in accordance with the policies of
the Board of Trustees of Winthrop University. The Vice President for Student Life as the
President's designee in these matters shall normally obtain the advice of the Judicial
Council before recommending changes in rules governing student rights, responsibilities
and conduct. Under normal circumstances, the Vice President for Student Life will
designate the responsibility for the operation of the Student Conduct Code to the
Department of Student Affairs, particularly the Dean of Students. This responsibility
includes formulating and implementing operating procedures for the judicial consideration
of conduct violations and the imposition of sanctions in an efficient, consistent, fair,
legal and educational manner. The Dean may further delegate responsibility to various
judicial bodies and administrative staff.
The President of Winthrop University is authorized to
assign disciplinary cases to special hearing committees or officers as the President deems
appropriate.
III. Application of Laws and Off-Campus
Activities
Winthrop University is not a sanctuary beyond the reach
of the criminal laws of the United States, the State of South Carolina, and the City of
Rock Hill. While the rules and regulations of Winthrop University are not meant to
duplicate general laws, there are some aspects in which the lawful interests of the
institution as an academic community coincide with the broader public interest treated in
general laws. Students, or student organizations, who commit offenses against the laws of
municipalities, states, or the United States, are subject to prosecution by those
authorities and may be subject to disciplinary action under University rules when their
conduct violates institutional standards. Winthrop students are subject to the provisions
of this Student Conduct Code while on University premises or University-related premises,
and when involved with off-campus Winthrop activities. Students will be held
accountable
to this code for their off-campus activities when it can be ascertained the off-campus act
has a direct detrimental impact on the University's educational functions. Any
disciplinary action imposed by Winthrop may precede and be in addition to any penalty
imposed by an off-campus authority.
IV. Prohibited Conduct
The following constitutes the official record of general
violations of conduct rules and regulations at Winthrop University. Students
and student organizations are expected
to abide by these regulations. These regulations are not designed to define prohibitive
conduct in exhaustive terms. Additional rules and regulations may be adopted and will be
promulgated through campus communication channels. A student or student organization who
is responsible for misconduct or is responsible of being an accessory to misconduct shall
be subject to the sanctions authorized by this code. Areas of misconduct include:
Disruption of classes, seminars, research projects, or
activities of the University.
Actual or threatened physical assault or injury to
persons.
Actual or threatened sexual assault - This includes, but
is not limited to, unwanted sexual touching, making unwelcome sexual advances, or request
for sexual favors.
Harassment and/or intimidation - Conduct causing alarm or
recklessly creating a risk by: threatening to commit crimes against persons or their
property or the face to face use of ''fighting words'' by students to harass any person on
University property or other property to which the student conduct code applies is
prohibited. ''Fighting words'' are those personally abusive epithets which, when directly
addressed to any ordinary person, in the context used and as a matter of common knowledge,
are inherently likely to provoke an immediate violent reaction, whether or not they
actually do so. Such words include, but are not limited to, those terms widely recognized
to be derogatory references to race, ethnicity, religion, sex, sexual orientation,
disability, and other personal characteristics. This also covers harassment or
intimidation of persons involved in a campus disciplinary hearing and of persons in
authority who are in the process of discharging their responsibilities.
Disorderly conduct - Individual or group behavior which
unnecessarily disturbs individuals or groups is prohibited. Such conduct includes, but is
not limited to, unwelcome physical contact, hazing, and boisterous or threatening conduct
which is unreasonable for the area, time, or manner in which it occurs.
Drugs - The manufacture, distribution, sale, use, offer
for sale, or possession of drugs or narcotics, or drug paraphernalia in accordance with
State statutes.
Behavior or activities which endanger the safety of
oneself or others - This includes, but is not limited to, destructive behavior by
individuals and/or groups; self-destructive behavior; arson; and tampering, damaging, or
misusing fire equipment.
Possession and/or use of firearms, fireworks, dangerous
weapons and hazardous chemicals - Winthrop University is unwilling to allow even the mere
presence of dangerous weapons. While some objects are clearly dangerous, what is used
dangerously may also be considered a weapon.
Damage to property - Damage, destruction, or defacement
of University property or property of any person as a result of a deliberate action or as
a result of reckless or imprudent behavior.
Theft of property - Theft of University property or
possession of stolen University property or property of any person.
Misuse of University documents - Forging, transferring,
altering, or otherwise misusing any Winthrop document, including identification cards,
course registration material, or other document or record.
Unauthorized use of the name or insignia of the
University by individuals or groups.
Unauthorized presence in or forceful entry into a
University facility or University-related premises.
Misuse of telephone - No student shall make or assist in
making unauthorized or annoying telephone calls or otherwise misuse or abuse telephone
equipment.
Violations of any of the restrictions, conditions or
terms of any sanctions resulting from a previously held disciplinary
hearing or failure to complete conditions or terms within the
designated time.
Misappropriation or misuse of student organization funds
or property - This includes, but is not limited to, over-extension of the budget of a
student organization; spending receipts prior to proper deposit; and unauthorized personal
use of equipment.
Computer abuse - This includes, but is not limited to,
plagiarism of programs; misuse of computer accounts; unauthorized destruction of files;
creating illegal accounts; possession of unauthorized passwords; and disruptive or
annoying behavior on the University's computer systems.
Providing false information - In the application for
admission, petitions, requests, disciplinary hearing or other matters of record and
transaction with officials of Winthrop University.
False reporting of an emergency - The false report of a
bomb, fire or other emergency in any building, structure or facility by means of
activating an alarm or in any other manner.
Failure to identify oneself when requested by persons in
authority who are in the process of discharging their responsibilities.
Unauthorized use or possession of keys - No one may use
or possess any University key without proper authorization. No student is allowed under
any condition to have a University key duplicated.
Sale of textbooks - The sale of a text-book by any
student who does not own the book is prohibited without prior authorization from the owner
of the book.
Violation of the University's alcoholic beverage policy.
Violation of the University's fund-raising, solicitation,
canvassing, assembly, and poster policies.
Violation of the University's hazing policy.
Violations of the Residence Hall contract not
specifically listed under Judicial Board or Residence Life Office jurisdiction.
Violations of University policies and procedures -
Failure to abide by any published University policy or procedure is prohibited, including
the General Conduct Policy.
BB. Unauthorized or misuse of
University property or equipment.
CC. Commission of any act which is a violation of a
criminal law of the United States,
a State law
or a municipal ordinance.
DD. Violations of the Academic Misconduct
Policy.
V. Student Academic Misconduct
A fundamental tenet of all institutions of higher learning
is academic honesty. Academic work must depend upon respect for an acknowledgement of the
research and ideas of others. Misrepresentation of someone else's work as one's own is a
most serious offense in any academic setting.
Academic misconduct in any form cannot be condoned.
Academic misconduct includes but is not limited to providing or receiving assistance in a
manner not authorized by the professor in the creation of work to be submitted for
academic evaluation including papers, projects, and examinations; presenting, as one's
own, the ideas or words of another for academic evaluation without proper acknowledgement;
doing unauthorized academic work for which another person will receive credit or be
evaluated; and presenting the same or substantially the same papers or projects in two or
more courses without the explicit permission of the professors involved. In addition,
academic misconduct involves attempting to influence one's academic evaluation by means
other than academic achievement or merit. More explicit definitions of academic misconduct
specific to certain academic disciplines may be promulgated by academic departments
and colleges.
One who knowingly cooperates with another in an act of
academic misconduct is an accessory to that academic misconduct. Thus a student who writes
a paper or does an assignment for another student is an accomplice and will be held
accountable just as severely as the other. Any student who knowingly permits another to
copy from his or her own paper, examination or project shall be held as accountable as the
student who submits the copied material.
The following procedural guidelines are to be followed in
matters of alleged academic misconduct:
During the course of an examination or other exercise, an
instructor or proctor who observes suspicious behavior such as copying or collusion may
warn the individuals involved of the appearance of their actions and request them to cease
immediately. Continuation of such behavior can be considered evidence of academic
misconduct. The professor is not obligated to warn students beforehand and the cessation
of the suspicious behavior does not relieve the student of a later judgment of academic
dishonesty.
A remarkable similarity between works supposedly
completed independently that are submitted for evaluation may be considered evidence
indicating academic misconduct.
When a professor believes there is sufficient evidence to
demonstrate a clear case of academic misconduct, the professor shall notify the student in
writing. Notification should occur within 30 days of discovery of the academic misconduct.
The notice shall indicate that unless the student requests a hearing, the professor shall
impose the appropriate academic consequences warranted by the circumstances and that a
disciplinary hearing may be initiated. The appropriate academic consequence for serious
offenses is generally considered to be failure in the course. Students may not withdraw
from a course to avoid an F grade as the academic consequence for a violation. For less
serious offenses regarding small positions of the course work, failure for that portion is
suggested with the requirement that the student repeat the work for no credit.
The faculty member is responsible for saving the evidence of academic misconduct in its
original form and need not return any of the papers or other materials to the student.
Copies of the student's work and information about other evidence will be provided to the
student upon request.
The student is given seven days from this first written
notice to respond. If the student acknowledges responsibility or if the student does not
respond to the written notice, the academic consequences shall be imposed by the professor
who will also submit a report to the Dean of the College and the Dean of Students.
If the professor requests or if the student has a prior
disciplinary record or unusual circumstances exist, the Dean of Students can initiate a
hearing utilizing the regular discipline process as stipulated in the
Student Conduct Code
which may alter the student's status with the University.
If a student chooses to contest the charge of academic
misconduct the student may request in writing to the professor with a copy to the Dean of
Students , a disciplinary hearing to determine the facts of the alleged misconduct. The
Dean of Students shall initiate the regular disciplinary process.
The purpose of the hearing is to determine the student's responsibility for the alleged
academic misconduct. If the student is judged by the hearing authority as stipulated in
the Student Conduct Code to be responsible for a violation, the professor shall determine
the appropriate academic consequences within the course and the hearing authority will
decide what regular disciplinary sanction, including suspension or expulsion, will be
imposed. If the hearing authority determines the student was not responsible for a
violation, no academic consequences within the course can be imposed by the professor.
The Dean of Students is responsible for assisting
students, professors and hearing authorities in matters of process and procedure
associated with Winthrop's academic misconduct policy. The Dean of Students will inform
the Dean of the College in which the student is enrolled that the case has been reported
and of any final action taken by the professor and/or the hearing authority.
VI. Disciplinary Process
All students and student organizations are subject to the
disciplinary procedures prescribed in this code. If a student, allegedly involved in a
violation of the Student Conduct Code, separates or graduates from the
University prior to resolution, the disciplinary process can continue at the discretion of the
University. If a hearing is not pursued upon the separation of the student, the pending
charges will be resolved, at the discretion of the University, prior to any future
readmission.
Initiation of Charges - The Department of Student
Affairs bears the responsibility for the initiation of disciplinary procedures against
a student for alleged misconduct which could result in expulsion or suspension from the
University. The Department of Student Affairs will review instances of reported
misconduct to determine if disciplinary proceedings should be initiated. Any member of the
campus community may register a complaint in writing with the Department of Student
Affairs against a student for alleged violation of University policy. In the absence
of sufficient information as determined by the Dean of Students or designee, a complaint
will be dismissed.
Notification of Charges - Once it is determined that
disciplinary proceedings will be initiated, the accused student will be provided written
notification of the charges. Notification will specify the alleged violation of this code.
Notification will also inform the accused student to arrange immediately a pre-hearing
interview with the Dean of Students or designee.
When the Department of Student
Affairs determines
that official proceedings will be initiated, the accused student is responsible for
arranging a pre-hearing interview with the Dean of Students or designee. The purpose of
the pre-hearing interview is to insure that the accused student will be sufficiently
familiar with the disciplinary process in order to adequately prepare and present a
response at the hearing. At this interview the accused student:
Will be advised immediately of the right to decline to
make any statements to avoid the possibility of self-incrimination. Refusal to speak or to
answer questions shall not be interpreted as evidence of responsibility.
Will be advised of the charges and if suspension or
expulsion is possible as a result of the hearing. Applicable portions of the
Student
Conduct Code will be cited.
Will be advised of the identity of witnesses or others
who will testify, the general content of their testimony, and the content of any written
material or physical exhibit which will be presented at the hearing. Copies of all written
materials will be available upon request.
Will be provided a copy of the Student Conduct Code and
any other appropriate written material.
Will be advised that an adviser may be present at the
hearing. The adviser may not address the hearing officer or panel or other persons at the
hearing unless permitted by the hearing officer or panel. The role of the adviser will be
to consult with the accused at reasonable intervals during the course of the hearing.
Will be advised to consult further with the Dean of
Students or designee concerning any question or interpretations of procedure.
Will be advised that hearings are scheduled to provide
the accused student a minimum of five days from the date of notification of charges
(excluding week-ends and holidays) during which to prepare a response.
Will be advised that any request for a delay of the
hearing must be in the form of a written petition to the Department of Student
Affairs, which schedules hearings and determines whether a delay will be granted. Such
a delay will not affect the student's status.
Will be advised that the Department of Student
Affairs may choose to delay the hearing for good cause. Such a delay will not affect
the student's status.
Will be advised of options for
resolution of
disciplinary charges.
Failure to Respond - If the student does not arrange for
a pre-hearing interview, the Student Conduct Code and a letter scheduling a hearing will
be sent to the student. If the charged student has been properly notified of the charges
and hearing date, and still does not attend the scheduled hearing, the hearing will be
conducted by the Vice President for Student Life and a determination will be made based
upon the available information. The student will be considered properly notified when the
formal charge letter, the Student Conduct Code and the letter scheduling the hearing have
been delivered to the student's address as indicated in the most current Student Directory
compiled by the Registrar's Office.
Dismissal of Charges - If the Dean of Students
or designee determines
as a result of the pre-hearing interview that insufficient information exists to justify a
hearing, the charge will be dismissed.
Options for Resolution of Disciplinary Charges - It
should be clearly understood that there is a fundamental difference between the nature of
student discipline and that of criminal law.
Regardless of the options exercised for resolution of charges, the discipline of students
within the University community must be consistent with the educational mission of the
institution.
At the pre-hearing interview with the Dean of Students or a designee, the charged student
will have all the disciplinary options outlined below fully explained:
Plead not responsible to the charge(s) and have a regular
hearing before the Judicial Council where a determination of responsibility will be made.
If held responsible by the Judicial Council, an appropriate sanction(s) will be determined.
Plead not responsible to the charge(s) and request an
administrative hearing before the Vice President for Student Life or designee where a
determination of responsibility will be made. If held responsible by this administrative
hearing officer, an appropriate sanction(s) will be determined. The Vice President or
designee may decline to conduct the hearing, in which case the matter must be heard by the
Judicial Council.
Accept responsibility for the charge(s) and elect for the
Judicial Council to determine an appropriate sanction(s).
Accept responsibility for the charge(s) and elect for the
Dean of Students or a designee to determine an appropriate
sanction(s). The Dean of Students
or designee may decline to conduct the hearing, in which case the matter must be heard by
the Judicial Council.
Hearing Procedures
During a hearing, the accused student is entitled to:
Appear in person, hear all information presented and
present any relevant information, call witnesses, and ask questions of witnesses present
at the hearing.
Elect not to appear at the hearing, in which case the
hearing shall be conducted in the accused's absence.
Refuse to answer any questions or make a statement; the
hearing authority shall make its decision solely on the basis of information presented at
the hearing.
Challenge the presence of a Judicial Council member for
cause. Cause is defined as personal bias, prior involvement, or inappropriate access to
information concerning the incident. The removal of a Judicial Council member for cause
will be at the discretion of the remaining council members as determined by majority vote.
Confidentiality. All hearings shall be conducted in
private session. All statements, information, or comments given during hearings will be
held in the strictest confidence by members of the Judicial Council, University staff,
witnesses and advisers before, during, and after deliberation. Video, audio, stenographic,
or photographic recording of hearing proceedings are prohibited, except as authorized by
the Department of Student Affairs.
The hearing authority will exercise control over the
hearing to avoid needless consumption of time, repetition of information, and/or prevent
the harassment or intimidation of participants. The hearing can be recessed at any time.
All hearings shall be conducted in an informal manner and
technical rules of evidence will not be applied. The taking of statements of witnesses may
be done by discussion, though the testimony of each witness may be subject to question and
rebuttal. Witnesses (except for the accused) shall be present during a hearing only during
the time they are testifying. While written statements are admissible, the accused shall
have the opportunity to question and rebut the testimony of the principle party, unless
extenuating circumstances preclude this option.
The Dean of Students or designee is responsible for
scheduling, coordinating, and presenting all cases.
The Dean of Students or designee will make a tape
recording of all hearings, where a student pleads not responsible or when a charged
student requests it. The accused shall have the right, upon request, to listen to the
recording in the presence of a staff member of the Department of Student
Affairs. The
accused may request a duplicate copy of the recording within a period of six months from
the date of the hearing and must assume the cost for this expense.
Hearing Decision - Immediately upon completion of the
hearing, the hearing authority shall in private session consider the information presented
to determine responsibility or to drop the charges due to insufficient information. The
hearing authority shall consider only the information presented at the hearing, and
responsibility can only be determined by clear and convincing information.
In a Judicial
Council hearing, a majority vote of council members present shall be required to find the
accused responsible and to assign a particular sanction (four members constitute a
quorum). If responsibility is acknowledged or is determined, and prior to the
determination of the sanction, the hearing authority can allow the introduction of written
and/or oral statement(s) which details the impact on the victim the violation caused.
Information concerning any past disciplinary record of the accused will be presented to
the hearing authority in the presence of the accused who may comment on the past record.
This information will be presented by the Dean of Students or designee for consideration
in determining an appropriate sanction.
Notification of the Decision - Upon completion of
deliberation, the hearing authority will notify the Dean of Students or designee, who is
then responsible for forwarding the written decision of the hearing authority to the
accused. The hearing authority will generally do this within 24 hours after the completion
of the hearing. The letter from the hearing authority shall consist of written
confirmation of the decision including the findings of fact, the determination of
responsibility, the complete description of any sanction imposed or the decision to drop
the charge due to insufficient information.
VII. Disciplinary Sanctions
The purpose of imposing sanctions are twofold: to
protect the University community from behaviors that are detrimental to the educational
process of the community; and to assist students in identifying acceptable parameters of
their activities and consequences of future behaviors. The severity of the sanctions
imposed is intended to correspond with the severity or frequency of violation, as well as
the student's willingness to recommit himself or herself to good citizenship through
behaviors that fall within the conduct regulations of the University. The following
disciplinary sanctions may be imposed upon a student responsible for a violation either
singly and/or in combination:
Expulsion - Expulsion is permanent disciplinary
separation from the University involving denial of all student privileges. Expulsion shall
be effective on the date of notice of the expulsion, or later if so stated in the notice;
and shall be entered into the student's permanent record (transcript).
Students separated from the University by expulsion may not enter University premises or
University-related premises without securing prior approval from the Vice President for
Student Life.
Suspension - Suspension is temporary disciplinary
separation from the University involving denial of all student privileges. Suspension
shall be effective on the date of notice of the suspension or later if so stated in the
notice; shall be entered into the student's permanent record (transcript); and shall
prescribe the date and conditions upon which the student may petition for readmission.
Conditions for readmission may include, but are not limited to, disciplinary probation for
a specified length of time; non-residence on campus; restricted visitation to specified
campus facilities; and written statement from an accredited mental health professional or
medical doctor verifying the capability of the student to function successfully at the
University.
Students separated from the University by suspension may not enter University premises or
University-related premises without securing prior approval from the Vice President for
Student Life.
The suspension notation will be removed from the student's permanent record, by the
Registrar, upon the student's graduation. The suspension notation can also possibly be
removed earlier by petitioning the Vice President for Student Life.
Residence Hall Separation - Residence Hall Separation
involves removal from the campus residence hall community for conduct which clearly
demonstrated an inability to function appropriately in the residence hall living
situation. Such separation may be permanent or for a specified number of semesters. Such
separation prohibits accessibility to all or designated residence halls and associated
dining facilities. Visitation will not be permitted without securing prior approval from
the hearing officer or panel. In no case will separation be less than the remainder of the
semester in which it takes place.
Disciplinary Probation - A period of review and
observation during which a student has been officially notified that his/her conduct,
although not serious enough to warrant suspension, was very inappropriate. Subsequent
violations of University rules, regulations or policies (even after a particular
probationary period expires) could result in a more severe sanction.
Disciplinary Probation is a status which may involve restrictions, conditions or terms
imposed for a definite period of time. Restrictions, conditions, or terms of probation may
include but are not limited to: ineligibility to participate in campus activities or
events; periodic contact with a designated member of the campus community; restrictions on
accessibility to University facilities and/or housing areas; and change of housing
assignment. Restrictions, conditions, and terms will be imposed for a specific length of
time not to exceed the length of the probationary period. Failure to comply with the terms
and conditions of the probation or additional behavior in violation of this code during
the probationary period will likely result in more serious disciplinary action.
Disciplinary Warning - Disciplinary Warning involves
written notice to the student indicating that specific behavior or activity was in
violation of this code and that repetition of similar or other unsatisfactory behavior
would likely result in more serious disciplinary action. Disciplinary Warning may also
involve conditions, such as those listed above, that are intended to be educational in
nature.
Restitution - Restitution is not a fine; it is
reimbursement for actual damage to, destruction of, or misappropriation of University
property or property of any person which results from conduct in violation of this code.
The administrative hearing officer or hearing panel will determine the appropriate
reimbursement.
Termination of the Privileges of a Registered Student
Organization - Termination of the Privileges of a Registered Student Organization is the
loss of any or all privileges of a registered student organization. Imposition of this
sanction does not preclude disciplinary charges against individual members of the
organization.
Termination of the Registration of a Registered Student
Organization - Termination of the Registration of a Registered Student Organization is the
discontinuation of the registration of the registered student organization. This means the
organization can no longer function. Imposition of this sanction does not preclude
disciplinary charges against individual members of the organization.
Creative Sanctions - As deemed appropriate by the
hearing officer, sanctions such as reflective papers, fines, work projects
or other creative sanctions.
Parental Notification for Violating the
University's Drug or Alcoholic Beverage Policy - When found responsible for
violations of these conduct
standards, the hearing authority may decide to notify the responsible
student's parents or legal guardians of these violations as allowed by
Federal law. This will only occur after the hearing authority has
discussed this possible notification with the student and the student is
under 21.
VIII. Appeals
Appeals must be presented, specifically described in
writing to the next level of authority in the disciplinary chain of command. An appeal is
not a new hearing. It is a review of the record of the original hearing. The accused
student and his/her advisor has the right to review the accused student's disciplinary
file, including any tape recording of the hearing.
An appeal may be dismissed if not sought on proper grounds.
If an appeal is upheld, the case with procedural specifications shall be referred to the
original hearing officer/panel. Any sanction imposed as a result of a hearing shall remain
in effect during the process of appeal. The appeal officer has the authority, under
extenuating circumstances, to defer the imposed sanction while an appeal is in process.
In
any event, sanctions may not be increased as a result of an appeal.
An appeal may be sought on two grounds:
On a claim of error in the hearing procedure. Appeals on
such grounds must be presented, specifically described, in writing within five days
(excluding weekends and holidays) of the announcement of the decision.
On a claim of new evidence or information material to the
case which was not available at the time of the hearing. Appeals on such grounds must be
presented, specifically described, in writing within five days (excluding weekends and
holidays) of the new evidence having been discovered.
The following is the disciplinary chain of command:
Hearing Authority |
|
Appeal Officer |
| Judicial Council |
Vice President for
Student Life |
Dean of Students
or designee |
Vice President for
Student Life |
Vice President for
Student Life |
President |
IX. Summary Suspension
Summary suspension is an action which requires a
student to immediately leave University property, and not return during the suspension
period, and/or comply with other stated conditions for a specified period. Summary
suspension may be imposed upon a student by the Vice President for Student Life or a
designee when there is reason to believe, based on available facts, that the student
represents an immediate threat to the safety, health, or welfare of herself/himself, other
persons, or property. This summary action is warranted by potential or threatened danger
or disruption, but is indicated only when the serious nature or immediacy of the threat
makes it impractical to follow normal disciplinary procedures. Summary actions authorized
by this policy include:
Temporary suspension of a student's eligibility for
enrollment or attendance, as well as denial of the student's access to University
facilities or property. A student may be summarily suspended for a specified period of
time or the suspension may be scheduled contingent upon certain events or conditions.
Temporary suspension or limitation of a student's
eligibility to enjoy certain privileges, or participate in or attend certain events (or
certain kinds of events) without the suspension of enrollment status. This summary action
may prohibit a student's presence on University property or certain facilities, or impose
conditions which must be met in order for that student to enjoy certain privileges,
participate in activities, or attend events.
When a student is summarily suspended, she or he is given
a copy of this policy and notice explaining the reason for, and duration of the
suspension, as well as any conditions that may apply. A student notified of such summary
action shall, upon written request, be given an opportunity to meet with the Vice
President for Student Life or a designee within five business days from the date of the
request. This meeting shall be held to consider only the following issues related to the
summary action:
The reliability of information alleging a student's
misconduct, and
whether the conduct or surrounding circumstances
reasonably indicate the student's presence on campus or continued unrestricted
participation in campus affairs would pose an immediate threat to the safety, health, or
welfare of persons or property.
NOTE: It is not the purpose of the meeting to hear information concerning responsibility
of pending or possible charges against the student.
Following the imposition of summary suspension, standard
University disciplinary procedures shall be provided as expeditiously as possible. Unless
circumstances render the implementation of standard disciplinary procedures impossible or
unreasonably difficult, these procedures shall be initiated within 10 University business
days from the effective date of the summary action.
Circumstances reasonably indicate the student's presence on campus
or continued unrestricted participation in campus affairs would pose
an immediate threat to the safety, health, or welfare of persons or
property.
Any student who is summarily suspended and returns to the
campus or University property and/or violates other stated conditions during the specified
period shall be subject to further separate action and may be treated as a trespasser.
Permission to be on campus for a specific purpose (e.g., to take an exam, to consult with
the Vice President for Student Life or designee, or to participate in disciplinary
procedures) must be requested and obtained in writing or by telephone prior to any conduct
contrary to the suspension or conditions, and may be granted by the Vice President for
Student Life or designee.
X. Disciplinary Files - Retention And Access
Disciplinary files are retained by the Department of
Student Affairs and are considered part of the educational record. A student's disciplinary file is not released outside the University
without written consent of the student. Disciplinary information will be provided within
the University to individuals who are determined to have a legitimate, educational
interest in obtaining this information in accord with the Family Educational Rights and
Privacy Act of 1974 (as amended).
A student's disciplinary file is retained for a specified
length of time. The maximum sanction imposed determines how long a file is retained before
being destroyed.
Permanently Maintained: Expulsion, Termination of
Registration of a Registered Student Organization
Maintained Three Years After Graduation: Suspension
Maintained Until Graduation or Seven Years from Date of
Hearing (whichever is earlier): Residence Hall Separation, Academic Misconduct
Maintained Until Graduation or Seven Years from Date of
Hearing (whichever is earlier): Disciplinary Probation, Disciplinary Warning,
Restitution
Maintained Three Years from Date of Hearing: Termination of the
Privileges of a Registered Student Organization
The sanctions of Expulsion and Suspension are the only
disciplinary sanctions that are entered into a student's permanent record (transcript). A
student's disciplinary file is maintained separately from any other academic or official
file at the University. In cases where the accused is found not responsible, no official
disciplinary file will be retained. When charges are dropped, due to insufficient
information, an official disciplinary file will be maintained until graduation or seven
years from the date of the hearing.
XI. Judicial Council
The Judicial Council in addition to being a hearing
authority shall serve as an advisory board to the Vice President for Student Life with
regard to formulating and implementing appropriate policies and procedures in discharging
responsibility for the total operation of the Student Conduct
Code.
Any recommendation of the Judicial Council shall be
forwarded to the Vice President for Student Life for approval and implementation. When
appropriate, the Vice President will inform the President of Winthrop University who
retains the right to make final decisions in accordance with the governance policy of the
institution.
The Judicial Council shall consist of the following
members: a Chair appointed from the faculty by the President of the University, two
faculty members elected by the faculty, and two students appointed by the
Council of Student Leaders. When deemed necessary by the Vice
President for Student Life a four person council may hear a case.
It shall be the prerogative of the President of the University to appoint alternate
members of the faculty to serve during holidays and the summer months.
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