University Policies and Procedures

STUDENT CODE OF CONDUCT

As members of the University community, students have certain responsibilities and obligations, including satisfactory academic performance and responsible social behavior. Students enrolling in the University assume an obligation to conduct themselves in a manner compatible with the University's function as an educational institution. To fulfill its functions of imparting and gaining knowledge, the University retains the right to maintain order within the University and to address, through appropriate disciplinary procedures, conduct that adversely affects the University community or the University's pursuit of its educational objectives.

Student conduct is not considered in isolation within the University community but as an integral part of the educational process. Developing citizenship, respect for others, and responsible social behavior are part of the University's commitment to the education of the whole person; it is expected that student behavior will reflect well on self, bring credit to the University, and to contribute positively to student and University life. This includes upholding all published University policies, rules, and regulations. It is clear that in a community of learning, the willful disruption of the educational process, destruction of property and/or interference with the orderly processes of the University, or with the rights of other members of the University community, for example, cannot be tolerated. Ignorance of a rule or regulation will not be an acceptable defense, so we urge you to become familiar with the Student Code and the conduct expectations of Gallaudet University students in general.

INTERPRETATION OF REGULATIONS

The purpose of publishing the Student Code of Conduct is to give students general notice of prohibited behavior. This Code is not written with the specificity of a criminal statute.

DEFINITIONS

When used in this code:

The term "University" means Gallaudet University.

The term "student" includes all persons taking courses at Gallaudet University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with Gallaudet University and/or are persons who are living in Gallaudet University residence halls and Kendall apartments, although not enrolled in this institution.

The term "University official" includes any person employed by Gallaudet University, performing assigned administrative or professional responsibilities.

The term "member of the Gallaudet community" includes any person who is a student, staff, faculty member, University official, or any other person employed by Gallaudet University.

The term "University premises" includes all land, buildings, facilities, and other property in the possession of or owned, leased, operated, controlled, or supervised by Gallaudet University.

The term "University sponsored event/activity" means any activity on or off University premises that is initiated or supervised by the University.

The term "student organization" means any number of persons who have complied with the formal requirements for Gallaudet University recognition as a registered student organization.

The term "Student Conduct Board" means any person or persons authorized by the Dean of Student Affairs to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a violation has been committed.

The term "complainant" means any member of the University community who submits a charge alleging that a student violated the Student Code of Conduct.

The term "respondent" means any student accused of violating the Student Code of Conduct.

The term "disciplinary conference" means an informal forum in which the Coordinator of Student Conduct or Associate Dean of Student Center Programs and Services meets with a student to adjudicate any alleged violation(s) of the Code of Conduct.

The term "disciplinary hearing" means a forum in which a hearing is conducted to adjudicate an alleged violation of the Student Code of Conduct.

The term "Coordinator of Student Conduct" means a University official authorized on a case-by-case basis by the Dean of Student Affairs to impose sanctions upon any student(s) found to have violated the Student Code of Conduct. The Dean of Student Affairs may authorize the Coordinator of Student Conduct to serve as the University official responsible for addressing and making decisions pertaining to all alleged violations of the Student Code of Conduct as well as simultaneously serving as the sole member or one of the members of the Student Conduct Board.

JURISDICTION OF THE STUDENT CODE OF CONDUCT

This Student Code of Conduct applies to student and organization behavior that occurs on University premises, at University sponsored/related activities, via the electronic network, and to off-campus conduct that adversely affects the legitimate purposes and interests of the University. The Student Code of Conduct does not protect or shield students from their responsibilities under federal, state, and/or local laws and ordinances. The University reserves the right to refer any situations involving student misconduct to appropriate law enforcement authorities. Students are expected to engage in responsible social conduct on and off campus that reflects credit upon the University community and to model good citizenship in any community. Each student is responsible for his/her conduct from the time of enrollment through the actual awarding of a degree, even though the conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The Student Code of Conduct shall apply to a student's conduct even if the student leaves the University for any reason (e.g., voluntary withdrawal, academic suspension, etc.) while a disciplinary matter is pending. The student will have the option of resolving the charges, if possible, while he/she is withdrawn/suspended, or when he/she returns to the University. Charges will remain pending until the case is resolved and an academic hold may be placed on his/her record.

OFF CAMPUS JURISDICTION

Gallaudet University expects students to demonstrate responsible social behavior on and off campus and conduct themselves as good citizens in our local communities in accordance with the law and the Student Code of Conduct. While the University does not concern itself with every violation occurring off campus, nor is the University legally responsible or financially liable for the behavior of students off campus, the Student Code of Conduct remains in effect at all times; students and student groups are expected to conduct themselves as representatives of the University community.

Generally, the Student Code of Conduct primarily prohibits misconduct on University premises, at University sponsored events/activities off-campus, and at any location where a student is engaged in an official University activity (such as in practicum, internship, field trip, student teaching, or participation in a Consortium course, etc.). The University reserves the right to review and adjudicate any occurrence of off-campus student behavior in violation of the Student Code of Conduct that may directly impact or have a significant effect upon the University. An off-campus violation(s) by a student of Gallaudet University of a criminal law or the Student Code of Conduct that brings the University into disrepute, adversely affects the University's educational mission, objectives, and/or interests of the University community, or seriously affects the ability of the University to continue its normal activities, for example, are considered to be of legitimate interest to the University. Inappropriate behaviors in our surrounding neighborhood such as public urination, public intoxication, disruptive conduct to neighbors, loud and unruly gatherings, violations of the alcohol and/or other drugs policies, and misconduct demonstrating flagrant disregard for any person or persons would be in violation of the Student Code of Conduct and may be subject to appropriate disciplinary procedures.

Upon receipt of a complaint alleging off-campus student misconduct the Dean of Student Affairs or his/her designee will review the allegations to determine jurisdiction over such conduct and to determine the appropriate course of action by the University. As a general rule, the Office of Student Conduct should not process a charge that a student of the University has violated, off campus, a District of Columbia or a Federal law, unless the matter is clearly contrary to the legitimate purpose and interests of the University.

VIOLATIONS OF LAW AND THE STUDENT CODE OF CONDUCT

Students at Gallaudet University are subject to all District of Columbia and Federal laws and are accountable to District of Columbia and Federal courts for any violations of such laws. A charge alleging that a student of Gallaudet University has violated, on campus, a District of Columbia or Federal law may be processed, when appropriate, through the University student disciplinary process (see Student Conduct Program, pp. 54). University disciplinary proceedings may be carried out against a student charged with conduct that potentially violates both the criminal law and the Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of Student Affairs. Determinations made or sanctions imposed under the Student Code of Conduct shall not be subject to change because criminal charges arising out of the same fact-giving rise to violation of University rules were dismissed, reduced, or resolved in favor of/or against the criminal law defendant.

INHERENT AUTHORITY

INTERIM SUSPENSION

When the University determines that the continued presence of a student on the University campus or in University housing poses a substantial threat to himself/herself or to others, or to the stability and ability of the University to carry out its normal functions, the Dean of Student Affairs or his/her designee may suspend the student for an interim period pending the resolution of the matter. During an interim suspension, the student may be denied access to on-campus housing and/or the campus (including classes) and/or all other University activities on or off campus or privileges for which the student might otherwise be eligible. An interim suspension will become effective immediately, without prior notice, and may be terminated by the person issuing it at any time prior to or after the outcome of disciplinary proceedings.

A student suspended on an interim basis shall be given an opportunity to appear personally before the Dean of Student Affairs or his/her designee in order to discuss the following issues only:

a) the reliability of the information concerning the student's conduct, including the matter of his/her identity; or
b) whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a substantial and/or immediate threat to him/herself or to others or to the stability and ability of the University to carry out its normal functions.

STANDARDS OF CLASSROOM BEHAVIOR

The primary responsibility for managing the classroom environment rests on the faculty. Students who engage in any prohibited conduct that result in disruption of a class or academic activity may be directed by the faculty member to leave the class for the remainder of the class period. Additionally, a student who persists in disrupting a particular class after a warning by the faculty member may be suspended from the class for an interim period pending the resolution of the matter, after receiving notice of charges from the Office of Student Conduct.

ADMINISTRATIVE PREROGATIVE

The administration may make all necessary rules and regulations for the orderly management of the University and the preservation of discipline therein. The University also reserves the right to suspend or expel any student from the University, or from any classes whenever in the best interest of the student or the University, or when the administration deems it advisable. Such action may include pursuing disciplinary action for any violation of local, state, or federal law, on or off campus, which affects the University's educational interests and ability to carry out its normal functions.

STUDENT CODE OF CONDUCT - RULES AND REGULATIONS

Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined on pages 61-62. It should be emphasized that the list is not all-inclusive. Attempts to commit such acts prohibited by this Student Code of Conduct, or knowingly encouraging or assisting others to commit such acts that are prohibited by this Code may be:

A. Physical Abuse, Verbal Abuse, Threats, Intimidation, Harassment, and/or Coercion - This includes physical abuse, verbal abuse, coercion, threats (intentional or unintentional), intimidation, suicidal behavior (physical or verbal harm to oneself), forcible detention, intentional obstruction that unreasonably interferes with freedom of movement of any person on University property, stalking*, harassment, and/or any other conduct that threatens or endangers any person's health, safety or personal well-being. Persons engaged in a physical fight are subject to disciplinary action regardless of who started the fight.

*Stalking is defined as repeatedly contacting, following, or remaining in the physical presence of another person when the stalker knows or should know that the contact is 1) unwanted, 2) causes the other person reasonable expectation of imminent physical harm, or 3) causes substantial impairment of the other person's ability to perform the activities of daily life. Such contact includes, but is not limited to: telephoning, paging, transmitting letters, gifts or notes, or through the use of electronic media.

B. Bias-Related Harassment - This includes harassment (verbal or written abuse, humiliation, intimidation, and violence) against an individual or group because of race, religion, creed, gender, age, ethnicity, national origin, physical disability, or sexual orientation.

C. Sexual Misconduct - This includes all forms of sexual misconduct as defined in the Sexual Misconduct Policy on pp. 43.

D. Hazing - This includes all forms of hazing as defined in the University Hazing Policy on pp. 51.

E. Disruption and/or Obstruction of University Academic or Non-Academic Activity - This includes conduct that unreasonably obstructs teaching, research, disciplinary proceedings, student organization activities and/or events, fire, police, or emergency services, or other University activities, including its public service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises. This also includes participation in a campus demonstration that disrupts the normal operations of the University and infringes on the rights of other members of the University community, leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area, and intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.

F. Disorderly Conduct - This is generally defined as any action by the student that impairs, interferes with, or obstructs the orderly conduct, processes, and functions of the University and its members, including, but not limited to, excessive noises, inappropriate and loud or disruptive behavior, unruly gatherings, public drunkenness, lewd or indecent conduct, and other such behaviors. Disorderly conduct also includes but is not limited to any unauthorized use of electronic or other devices to make audio or video records without his/her prior knowledge, or without his/her effective consent when such recording is likely to cause humiliation or harm. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.

G. Theft - This includes attempted or actual theft of property or of services, misappropriation, or unauthorized possession or sale of University property, property of a member of the University Community, or other personal or public property, on or off campus.

H. Damage, Destruction, or Impairment of Property - This includes any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, or disfiguring of property belonging to the University or members of the University community, and in certain instances, of the surrounding neighborhood.

I. Unauthorized Use of Property - This includes unauthorized use of property belonging to the University, including but not limited to furniture, equipment, elevators, telephones, University keys, library materials, any document or instrument of identification, and/or safety devices.

J. Academic Dishonesty - This includes plagiarism, cheating, and other forms of Academic Dishonesty, or facilitating any such act. Procedures for handling instances of Academic Dishonesty are described in the University Catalog.

K. Furnishing False Information - This includes forgery, withholding material information from the University, intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or of other emergency, giving false information in a disciplinary hearing, disciplinary conference, or any University procedure, and knowingly furnishing false information to any University official, faculty or staff member, or office, including misrepresenting oneself as a faculty or staff member.

L. Use, Possession, Manufacturing, Sale, or Distribution of Illegal Drugs and/or Drug Paraphernalia - This includes the use, possession, distribution, manufacture, or processing of illegal or non-prescribed narcotics and/or hallucinogens except as expressly permitted by law. Use or possession of drug paraphernalia is also prohibited.

M. Use, Possession, Manufacturing or Distribution of Alcoholic Beverages - This includes public intoxication and use, possession, or consumption of intoxicants or the manufacture and/or distribution of alcoholic beverages contrary to circumstances and conditions specified by University Alcohol and Drug Policies, residence hall policy, or as expressly permitted by law. Possession or use of kegs, beer balls, large punch bowls, or other common containers of alcoholic beverages of a similar nature is prohibited.

N. Falsification or Forgery of a University Record - This includes unauthorized alteration, forgery, or misuse of a University document, record, or instrument of identification, including, but not limited to, identification cards, parking stickers, transcripts, and admission applications.

O. Violation of Fire Safety Regulations - This includes failing to comply with evacuation procedures, activating a false fire alarm, arson or intentionally setting a fire, tampering with fire apparatus, and other fire/safety violations as described in the residence hall policies (pages 95-96).

P. Illegal or Unauthorized Possession of Firearms, Explosives, Other Weapons, or Dangerous Chemicals on University Property - This includes the illegal or unauthorized possession, storage, or use of any kind of ammunition, firearms, explosives, flammable or highly combustible materials, dangerous chemicals, fireworks, martial arts weapons, sling shots, bows and arrows, sabers, swords, knives with blades in excess of three (3) inches except for kitchen knives used in preparation/serving of food, paint, pellet, or taser guns, and other weapons, or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others.

Q. Unauthorized Entry into a University Building or Facility - This includes entering or attempting to enter any dwelling, building, or facility on University premises without permission or in instances where the person knew or should have known that such access is restricted.

R. Failure to Provide Identification - Failure to present identification or failure to identify oneself when requested to do so on request by any member of the University administration, faculty, staff, paraprofessional staff in the residence halls, or campus security officer acting in performance of his or her duties.

S. Non-Compliance with a University or Board Decision - This includes non-compliance with or defiance of any University or Student Conduct Board decision, and failure to comply with the reasonable directives of University officials, campus security officers, or law enforcement officers acting in performance of their duties.

T. Illegal Gambling or Gaming - This includes illegal gambling or gaming as defined by District of Columbia or Federal law.

U. Violation of Campus Traffic and Parking Rules - This includes cases referred by the Department of Public Safety (DPS) for resolution through the Student Conduct system.

V. Violation of Residence Hall Policies - This includes all residence hall regulations and policies established by the Office of Residence Life and Housing. These are summarized on pages 93-106.

W. Unauthorized Possession of a Pet on Campus - This includes having an animal on campus in violation of residence hall policy or University policy.

X. Violation of Computer Rules and Regulations - This includes all computer rules and regulations established by the University. See pp. 70.

Y. Violation of Published University Policies, Rules, or Regulations - This includes all University rules, policies, or regulations published in hard copy or available electronically on the University website.

Z. Violation of Federal, State or Local Law - This applies to violation(s) of Federal, state or local law on or off University premises.