University Home > Office of Student Responsibility and Community Standards > 2013-2014 Student Handbook > 2013-2014 Community Standards
Statement of Rights and Responsibilities
2.2 Policy Overview and Applicability
2.3 Professional Standards
2.4 Violation of Law and the University Community Standards
2.5 Conduct Occurring Off-Campus
2.6 Residence Hall/Apartment Rules and Regulations
2.8 Interim Suspension
2.9 Preliminary Meeting
2.10 Preliminary Meeting Appeal Process
2.11 Hearing Procedures
2.12 Student Organizations Conduct Process
2.13 Hearing Appeals
2.15 Behavioral Concerns and Students in Distress
2.16 Disciplinary Records
2.17 Parental Notification
2.18 Interpretation and Revision
The purpose of the Community Standards is to create an educational climate of excellence that is rooted in the Jesuit, Catholic tradition. We challenge Saint Louis University Students to strive for excellence, to become men and women for others, to integrate classroom and out-of classroom learning, to develop their talents through discovery and reflection, and to be concerned for each person (cura personalis). Students are expected to contribute to the development and sustainability of community through word and action. Our community is characterized by respect for the dignity of others, honesty, and the pursuit of truth.
It is essential and expected that Students assume responsibility for their conduct and that of their guests. When Students infringe on the rights of others, the University may intervene. Student conduct proceedings initiated pursuant to the Community Standards or other University policies are integral to the educational mission of the University. In order to maintain and preserve the educational nature of University, actions taken under the Community Standards are not intended to imitate or to serve as a substitute for civil or criminal proceedings, nor are formal rules of evidence utilized in such cases applicable to proceedings of the University under the Community Standards.
Students are expected to inform their guests of the policies, procedures and expectations of the University and may be held responsible for the actions of their guests. Students are expected to take reasonable steps to ensure that their guests do not infringe on the rights of others or violate University policies. Students may not invite onto campus or to attend any University related function, as a guest or otherwise, any person whom they know or should know is restricted from attending University activities or entering onto campus.
Statement of Rights and Responsibilities
All Student members of the Saint Louis University community have certain rights and are asked to assume responsibility by contributing their skills and talents to the University community. These rights and responsibilities include:
Notice of Non-Discrimination
All programs and activities at Saint Louis University are open to all Students without regard to sex, race, color, religion, national origin, ancestry, disability, age, sexual orientation, marital status, military status, veteran's status, pregnancy or any other characteristic protected by law.
Right of Expression
The University recognizes each Student's right to free speech, association and the free exercise of religion in the context of our Jesuit, Catholic mission, values, and ideals. In keeping with this recognition, the Student media shall be free of censorship and advance approval of material, provided that its Student leadership develops written editorial policies, ethical operating procedures and provide accurate and balanced news coverage, all based on the highest journalistic standards, state and federal law and the Mission of the University.
Right to Petition
Each Student shall have the right to petition the University for redress of grievances, amendment of University regulations, and modifications of University policy in a manner consistent with the Jesuit Catholic heritage and the University's Mission.
Right of Privacy
Students shall be secure in their persons, living quarters, papers and effects from unreasonable searches and seizures. Information from disciplinary, academic, health and/or counseling files shall not be available to unauthorized persons without the expressed written consent of the Student involved.
Right to Assembly
Students shall have the right to assemble, provided it is done in accordance with University policy. The Student body shall have formal and clearly defined means of participating in the formulation of University policy in Student-related matters. Such participation will include, but not be limited to, membership on appropriate University committees. Students shall have the right to establish and elect a democratic Student government, including designated organizations that fall under its penumbra, shall be recognized as the official and final voice of the Student body.
2.1.2 The "Student" refers to any and all persons enrolled at or taking courses through the University in any capacity. Persons who withdraw after allegedly violating the University Community Standards, those persons not officially enrolled at the University but who maintain a continuing relationship with the University, those persons who have been notified of their admitted status to the University, individuals living in University owned/operated residential facilities, and those persons suspended from the University are also deemed "Students" under this Code.
2.1.3 The term "Accusation" refers to a written statement by the Complaining Party, identifying the Accused Party and setting forth information relative to the alleged Community Standards violation, which may include the dates, times, witnesses and a brief description of the alleged misconduct.
2.1.4 The term "Accused Party" refers to the Student, group of Students or University affiliated organization accused of a violation of this Community Standards.
2.1.5 The term "Appeal Officer" refers to the individual who reviews a Student conduct violation case that has already been heard during a Preliminary Meeting or by a Conduct Body. Appeals stemming from a Preliminary Meeting, a Community Standards Board determination, or a Hearing Officer determination will be heard by either a faculty or staff member designated by the Office of Student Responsibility and Community Standards as qualified to hear appeals. All University Committee on Student Conduct (UCSC) appeals will be reviewed by the Vice President for Student Development or his/her designee.
2.1.6 The term "Code" refers to the Community Standards.
2.1.7 The term "Complaining Party" refers to any person or entity who submits an accusation that a Student violated the Code. When a Student believes that s/he has been a victim of another Student's misconduct, the Student who believes s/he has been a victim will have the same rights under this Code as are provided to the Complaining Party, even if another member of the University community submitted the charge itself.
2.1.8 The term "Conduct Body" refers to the person or persons authorized to determine whether an Accused Party has violated the Code and impose sanctions, if any. The Conduct Body may include, without limitation, the Director of Student Responsibility and Community Standards, or designee, the University Committee on Student Conduct (UCSC), the Community Standards Board, the Greek Conduct Board, the Behavioral Concerns Committee (BCC), a Hearing Officer or any other person or group of persons designated by the University to administer the policies and procedures of the Code or other University policies.
2.1.9 The term "Hearing Officer" refers to the individual, either faculty or staff member, who reviews the information for which a Student has been charged with a violation of the University Community Standards. A case goes to a Hearing Officer when a Student does not take responsibility for a violation during the Preliminary Meeting. The Hearing Officer will review the incident report and allow the Student to provide witnesses and other relevant information during the hearing. The Hearing Officer will make a determination as to whether the Student is responsible for the violation(s) and, if so, determine the appropriate sanctions.
2.1.10 The phrase "Member of the University Community" includes any person who is a Student, faculty member, staff member, University official or any other person employed by or affiliated with the University. Any question as to a person's status as a Member of the University Community shall be determined by the Vice President for Student Development or designee.
2.1.11 The term "Campus" includes all land, buildings, facilities and other property in the possession of, owned, used or controlled by the University including adjacent streets and sidewalks.
2.1.12 The term "Student Organization" refers to any number of persons who have complied with the formal requirements for University recognition or registration.
2.1.13 The term "University Activity" refers to any on-campus or off-campus event or function conducted, approved, sponsored or funded, in whole or in part, by the University or any Student Organization.
2.1.14 The term "University Committee on Student Conduct" (UCSC) refers to the only standing Conduct Body with the authority to issue the sanctions of suspension or expulsion. A UCSC Board consists of members from the University community representing faculty, staff, and Students. Faculty, staff, and Student members are appointed by the Office of Student Responsibility and Community Standards and approved by the President and/or the Vice President for Student Development, or designee on an as needed basis. The UCSC determines whether an Accused Party has violated the University Community Standards / or other University policies and may impose any sanction related to such determination.
2.1.15 The term "Community Standards Board" refers to the standing Conduct Body consisting of Students appointed by the Director of Student Responsibility and Community Standards, or designee and the Vice President for Student Development, in consultation with the Student Government Association on an as needed basis. The Community Standards Board may determine whether an Accused Party has violated the Code and /or other University policies and may impose sanctions, other than suspension or expulsion, related to such determinations. Members of the Community Standards Board may also be requested to serve on the UCSC.
2.1.16 The term "Behavioral Concerns Committee" refers to the Conduct Body consisting of parties from the University Community trained in policy and behavioral concerns issues, such as a representative from the University's Student Health and Counseling Center or other SLU licensed mental health professionals, the Dean of Students, and the Office of Student Responsibility and Community Standards. Members are appointed by the President and/or the Vice President for Student Development. The purpose of the Behavior Concerns Committee is to perform the duties and responsibilities set forth in this Code relative to Student behavioral concerns issues and behavior.
2.1.17 The term "Director of Student Responsibility and Community Standards, or designee" refers to the University official authorized to administer, enforce and facilitate the rules and procedures set forth in the Code and other University policies, procedures, rules and regulations. The Director of Student Responsibility and Community Standards, or designee, is authorized to serve simultaneously as the Director of Student Responsibility and Community Standards, and the sole or one of the members of any Conduct Body and may impose any and all sanctions in all cases.
2.2 Policy Overview and Applicability
It is impossible to list every category or specific example of conduct serious enough to warrant an official review. Therefore, the University reserves the right to initiate action and seek appropriate outcomes for conduct which is not specifically identified in the Community Standards or in other University policies, rules and regulations whenever in the judgment of the Vice President for Student Development or his or her designee, it is determined to be in the best interest of the University. This may include conduct that occurs away from the Campus and regardless of whether it is enumerated in the University Community Standards. Not all Accusations will be heard by the Conduct Body that the Student prefers. The Director of Student Responsibility and Community Standards, or designee or the Vice President shall have discretion over case assignments.
This Code shall apply to conduct that occurs on-Campus, at University sponsored events and to off-campus conduct and activity that may adversely affect the University community or the pursuit of the University's objectives. Each Student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though 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 (and even if the conduct is not discovered until after a degree is awarded). This Code shall apply to a Student's conduct even if the Student withdraws from the University while a disciplinary matter is pending. The Vice President for Student Development, or designee has the right to amend or modify the procedural requirements of this Code as deemed warranted and appropriate in his/her sole discretion.
2.3 Professional Standards
All undergraduate, graduate and professional program Students at the University are both members of both a particular school and college, as well as general Members of the University Community. Because social conduct, professional conduct and discipline in certain professional groups may be closely related to professional suitability, the dean of a particular school or other similarly situated person shall have and may assume full authority and responsibility to handle incidents involving professional suitability as a related academic matter. Standards of professional conduct and policies and procedures for handling such matters observed by the individual academic units may take precedence over the policies set forth in this Code at the discretion of the Vice President for Student Development, or designee. A Student may be accused of and sanctioned for violating this Code and for violating academic unit policies arising under the same facts, circumstances and actions.
2.4 Violation of Law and the University Community Standards
University Code proceedings may be instituted against a Student charged with conduct that potentially violates both the criminal law and this Code, without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President for Student Development or designee. Determinations made or sanctions imposed under this Code shall not be subject to change because criminal charges arising out of the same facts giving rise to the Accusation were dismissed, reduced, or resolved in favor of or against the criminal or civil law defendant.
When a Student is charged by federal, state or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a Student. If the alleged offense is also being processed under the Student Code, the University may advise off-campus authorities of the existence of the Code matter and how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement authorities and other agencies in the enforcement of criminal laws on campus and in the conditions imposed by criminal or civil courts for the rehabilitation of Student violators (provided the conditions do not conflict with University rules or outcomes). Students and other Members of the University Community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
2.5 Conduct Occurring Off-Campus
Because the Director of Student Responsibility and Community Standards, or designee or the Vice President for Student Development has ultimate discretion in determining whether or not off-campus incidents will be addressed under this Code, some factors that are considered in determining whether or not an off-campus incident will be addressed under this Code include but are not limited to:
2.5.1 The extent to which the behavior significantly impairs, obstructs, or interferes with the mission, processes or functions of the University.
2.5.2 The significance of the effect of the behavior upon other members of the University.
2.5.3 The potential positive impact that a resolution of the matter under the Code would have on the University community and the Student.
2.6 Residence Hall/Apartment Rules and Regulations
Students and guests in the residence halls/apartments are subject to the rules and policies appearing in the Residence Life Guide, Residence Hall/Apartment Contract, and this Code. Individual floors and halls/apartments also have authority to formulate standards of behavior for the residents in addition to those contained herein, subject to the approval of the Director of Housing and Residence Life and are incorporated herein. These policies will be established using the processes and criteria published by the Department of Housing and Residence Life. Floor and hall/apartment policy changes must be posted in designated areas or distributed to the affected individual Students at least 72 hours before they become effective. In the event of a conflict between any floor or hall policy and those policies contained in this Code or elsewhere, the more stringent policy shall take precedence.
2.7 Conduct Violations
Students at the University are expected to make positive contributions to the University community and assume responsibility for their behavior when engaged in behavior that deviates from the standards set forth in the Community Standards. Sanctions may be imposed upon any Student found to have committed or to have attempted to commit the following misconduct:
2.7.1 Abusive Behavior
Any act, including verbal or written communications, that intimidates, coerces, or disturbs or upsets the health, safety or well-being of any person. Written communications include, but are not limited to, Facebook and other social networking posts, text messages, and e-mail. Abusive behavior may occur in a romantic or intimate relationship creating an abusive relationship. These types of abusive relationships are often referred to as dating violence or domestic violence. Collectively they are referred to as "relationship violence". Relationship violence includes sexually, physically, mentally, and/ or financially abusive behavior by one of the partners in the relationship towards the other. (See University Sexual Assault and Relationship Violence Policy, 1.17)
2.7.2 Alcohol - Underage Drinking
Unlawful use, unlawful possession, unlawful manufacturing, unlawful distribution or sale of alcoholic beverages (See University Policies 1.2 and Residence Life Policies 4.5).
2.7.3 Alcohol - Public Intoxication
Under the influence of alcohol to the degree that he/she is a danger to him/herself or another person in public.
2.7.4 Alcohol - Fake ID
Using, possessing, or providing a driver's license or other identification with information inconsistent with information maintained by the University for the purpose of purchasing alcohol or entering an establishment that requires patrons to be 21.
2.7.5 Alcohol - Purchasing or Providing Alcohol to Minors
Buying alcohol for or providing alcohol to anyone under the age of 21.
Intentionally starting or contributing to a fire.
Any unwanted physical contact that endangers the health, safety, or well-being of any person.
2.7.8 Destruction of Property
Attempted or actual damage to property or services of the University, a member of the University community, or other personal or public property, on or off campus.
Acts of dishonesty, including but not limited to the following:
a. Providing false and/or misleading information to a University official, authorized University agent, or other Member of the University Community;
b. Falsely manufacturing, altering, possessing in violation of University policy, or otherwise misusing any University or legal document(s), record, or instrument of identification.
c. Providing false emergency contact information to the Banner Information System, Office of the Registrar or other University agent, including but not limited to: emergency telephone numbers, addresses, names, and e-mails.
d. Academic cheating
2.7.10 Disorderly Conduct
Breach of peace; leading or inciting others to disrupt scheduled or normal activities within any campus building or area or near any campus building or area.
2.7.11 Disruptive Behavior
Behavior that disrupts, obstructs, or interferes with classroom activities, teaching, research, advising, or other University learning or scholarly activities and functions.
Use, possession, manufacturing, sale or distribution of illicit drugs, controlled substances, or drug paraphernalia except as expressly permitted by law. Confirmed odor will constitute a violation. Factors such as odor, student's physical appearance, open windows, and/or rolled towels will be taken into considering whether a drug violation has occurred. (See University Policies 1.6 and Residence Life Policies 4.5)
2.7.13 Failure to Comply
Failure to comply with a University agreement, a reasonable request of a University official, authorized University agent, or law enforcement official and/or failure to properly identify oneself to these persons when requested to do so. Failure to evacuate a building during an emergency.
2.7.14 Fire Safety Systems
Inappropriate activation, tampering, or misuse of a fire detection system or any other safety or security equipment.
Wrongfully deceiving a University official, authorized agent, or member of the University Community for the purpose of academic, financial, or personal gain.
Any unwelcome, unsolicited, and offensive conduct that tends to injure, degrade, disgrace, or show hostility toward a person because of because of sex, race, color, religion, national origin, ancestry, disability, age, sexual orientation, marital status, military status, veteran status, pregnancy or any other characteristics protected by law. (See University Policy in Section 1.8)
2.7.17 Hazardous Materials
Acquiring, creating, possessing, distributing, or using a hazardous or potentially hazardous material or substance.
Any act which has the ability to endanger the mental or physical health or safety of a Student, or fosters an environment for such acts, or which has the potential to humiliate a Student, for the purpose of initiation, admission, affiliation, or as a condition for continued membership in a group or organization. These acts include the destruction or removal of public or private property. Participation by the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts and may be considered violations of this policy.
2.7.19 Inappropriate Conduct
Conduct that fails to uphold the University's mission, values, objectives and responsibilities; conduct that fails to model good citizenship in any community.
2.7.20 Indecent Conduct
Sexually explicit, graphic, abusive, degrading, intimidating, or offensive jokes, comments, remarks, or gestures.
2.7.21 Sexual Assault
"Sexual assault" refers to engaging in any form of sexual contact or conduct with another without that person's clear, knowing, and voluntary consent. It is the responsibility of the person seeking to initiate sexual contact or conduct to affirmatively obtain such consent. It is not the responsibility of the intended recipient of such sexual contact to affirmatively deny such consent. Acts of sexual assault are classified into two categories: Level 1 and Level 2.
A Level 1 sexual assault refers to any sexual contact without consent and includes intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, another person's genitals, breasts, thighs, buttocks, or other intimate parts.
A Student found responsible for a Level 1 sexual assault may be suspended. Other sanctions may include, but are not limited to, disciplinary probation, mandated counseling assessment, campus restrictions, and/or other educational sanctions. Other relevant factors may be considered in assigning sanctions, including the Student's conduct history.
A Level 2 sexual assault refers to any attempted or actual sexual penetration of any kind without the victim's consent. Examples include vaginal, oral or anal penetration by fingers, genitals, or objects.
A Student found responsible for a Level 2 sexual assault may receive a long-term suspension or even expulsion from the University. Additional sanctions may include, but are not limited to, disciplinary probation, mandated counseling assessment, campus restrictions, and/or other educational sanctions. Other relevant factors may be considered in assigning sanctions, including the Student's conduct history.
(See University Sexual Assault and Relationship Violence Policy in Section 1.15)
Purposeful and repeated (two or more times) engagement in an unwanted course of conduct that would cause a reasonable person to fear for his, her, or others' safety, or to suffer substantial emotional distress. Stalking includes maintaining unwanted visual or physical proximity to a person or repeatedly conveying oral or written threats, implicitly threatening conduct, or any combination of these directed at or toward a person. Cyberstalking is a form of stalking that uses electronic media such as the internet, pagers, cell phones, or other similar devices to pursue, harass or to make unwanted contact with another person in an unsolicited manner. The following are other examples of stalking behavior:
· unwelcome communication, including, but not limited to: face-to-face, telephone, voice message, electronic mail, written letter, and/or contact; unwelcome gifts or flowers, etc.
· threatening or obscene gestures and/or pursuing or following
· unwelcome touching or physical contact; and/or
· gaining unauthorized access to personal, medical, financial and/or other identifying information, including, but not limited to: access by computer network, mail, telephone or written communication.
Attempted or actual removal of property of the University, a member of the University community, or other personal or public property, on or off campus or possession of stolen property on or off campus.
Any act, including written or verbal communications, expressing an intent to harm any person or damage property.
Unauthorized entry into any room, building, structure, facility, or area on or off campus.
2.7.26 Unauthorized Access
Unauthorized possession, duplication or use of keys or unauthorized access to any University building or area on campus.
2.7.27 Unauthorized Use of Electronic Devices.
Unauthorized use of electronic or other devices to make an audio or video record of any person without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a residence hall room, classroom, gym, locker room, or restroom and includes the reproduction of pictures.
2.7.28 Unauthorized Use of Computers
Theft, unlawful use of or other abuse of computer facilities, files, software and resources, including but not limited to:
a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer of a file.
c. Use of another individual's identification and/or password.
d. Use of computing facilities and resources to interfere with the work of another Student, faculty member or University Official.
e. Use of computing facilities and resources to send obscene or abusive messages.
f. Use of computing facilities and resources to interfere with normal operation of the University computing system.
g. Use of computing facilities and resources in violation of copyright laws.
h. Any violation of the University's computer Appropriate Use Policy.
2.7.29 Violation of State and/or Federal Law
2.7.30 Violation of University Policy
Violation of any University policy, rule, or regulation published in hard copy or available electronically on the University website. This includes, but is not limited to, the violation of University and Residence Life Policies.
Unless otherwise expressly permitted by law, possession, use or keeping of a firearm, weapon, explosive or incendiary device, dangerous chemical or any such item on campus or at a University Activity or otherwise illegally possessing a firearm, weapon, explosive device, dangerous chemical or any such item or if legally possessed, using any such item in a manner that harms threatens or causes fear to others.
2.8 Interim Suspension
In certain circumstances, a Student may be suspended for an interim period pending a hearing. The Vice President for Student Development or his or her designee may impose an interim suspension from the University whenever in his or her judgment such action is necessary to protect the safety and well-being or property of Members of the University Community, protect the Accused Student's own physical or emotional safety and well-being, or if the Accused Student poses a potential or significant threat of disruption or potential interference with the orderly functioning of the normal operations of the University. The interim suspension does not replace the regular hearing process, which shall proceed on the normal schedule, up to and before a University Committee on Student Conduct (UCSC).
2.9.1 The Director of Student Responsibility and Community Standards, or his or her designee, shall serve as the coordinator for all accusations arising under the policies contained in this Code.
2.9.2 Any Member of the University Community may file an Accusation against any Student or Student Organization for misconduct or a violation of this Code or any other University policy. All Accusations should be submitted as soon as possible after the date of the alleged violation, preferably within one (1) year and filed with the Director of Student Responsibility and Community Standards, or designee.
2.9.3 The Director of Student Responsibility and Community Standards or designee may conduct a preliminary review to determine if the Accusation is meritorious and/or if it could be educationally resolved by mutual consent of all involved parties. If a Student accepts responsibility for a Code violation and agrees to the sanctions suggested by the Director of Student Responsibility and Community Standards or other designated hearing officer, this shall be the final disposition of the matter.
2.10.1 When a Student receives sanctions for a violation of this Code or any other University policy through the preliminary process, they can appeal for the following reasons:
a. They believe that the process as set out in this Code was not followed. .
b. They believe the sanctions(s) imposed were excessive.
2.10.2 An appeal must be completed by submitting the Community Standards Appeal form online at conduct.slu.edu. An Appeal Officer will be assigned to the student and contact information will be provided. The form must be submitted no later than 5:00 p.m., two (2) University business days after the date of the preliminary outcome letter.
2.10.3 As a general rule, neither the sanctions resulting from a disciplinary decision nor any change in the status of a Student will be enforced until the appeal has been fully considered. However, each matter shall be considered on a case-by-case basis, taking into account, among other things, the health and safety of individual community members or the community as a whole.
2.10.4 An Appeal Officer can amend violations and sanctions at their discretion based on the appeal request and information provided in the Student's file.
2.10.5 A Complaining Party may appeal under the same terms and conditions as an Accused Party in those instances when the University, in compliance with state and federal law, may disclose the outcome of a conduct proceeding to the Complaining Party.
2.10.6 All appeal decisions of the Community Standards are final.
2.11.1 If it is determined that the case cannot be resolved by mutual consent of all involved parties, the Director of Student Responsibility and Community Standards or designee may request additional information from the involved parties. The Director or designee may seek additional assistance from the Department of Public Safety and Emergency Preparedness to collect information when needed.
2.11.2 Once all information is collected, the Director of Student Responsibility and Community Standards or designee will direct the Accusation to the appropriate Conduct Body or hearing officer in his/her sole discretion. The Director reserves the right to refer more serious cases, including cases of sexual assault, to the UCSC.
2.11.3 Notice of a Hearing. If an Accusation is not disposed of through a mediation process or an admittance of wrong doing by the Accused Party as set forth above, the following hearing notification procedures will be followed:
a. To schedule a hearing, the Accused Party will be notified in writing of the Accusation. The hearing notification generally includes the time, date(s), location, and alleged misconduct described in the accusation.
b. Hearing notices will be sent to the involved parties via University e-mail. The hearing notice will be deemed received at the time the e-mail was sent.
c. Absent special circumstances, hearings before an individual hearing officer will be scheduled to occur no sooner than five (5) business days and a hearing before the University Committee on Student Conduct (UCSC) no sooner than ten (10) business days from the date the notice was sent via e-mail. The time limit for scheduling a hearing may be extended at the discretion of the Director of Student Responsibility and Community Standards, or designee.
d. At the sole discretion of the Director of Student Responsibility and Community Standards, or designee, Students who are alleged to be involved in two or more incidents of misconduct may have all of the accusations combined and presented to the Conduct Body at the same time.
e. Due to time constraints, accusations occurring during the first two weeks and last two weeks of a semester may receive expedited processing and a hearing, if appropriate, at the discretion of the Director of Student Responsibility and Community Standards, or designee. Students may appeal the decisions in such cases, but may not be scheduled for an appeal hearing for the sake of expediency.
2.11.4 Hearing Process:
a. Absent extenuating circumstances as deemed appropriate by the Vice President for Student Development, hearings will be conducted in a relatively private setting, in compliance with the Family Educational Rights and Privacy Act, and involving only those persons involved in the alleged incident and those reasonably necessary for the Conduct Body to determine whether or not an Accused Party has violated University policy.
b. Hearings may include the Accused party and a Complaining party or, in certain circumstances such as when the alleged misconduct involves a non-Student victim or University property, the University may act as the complaining party. Incidents involving multiple accused persons will be adjudicated together before the UCSC Board in one hearing unless a party or parties make a request for separate hearings providing in writing sufficient rationale as to why one hearing would be prejudicial. Ultimate determination will be made by the Director of Student Responsibility and Community Standards.
c. The Accused Party and the Complaining Party may be accompanied by a personal advisor. An advisor should be someone familiar with the University's conduct process; i.e. a student, staff or faculty member who has sat on hearing boards or has acted as a hearing officer. While an advisor's role is to assist a Party with questions regarding the hearing process, knowledge of the hearing process is ultimately the responsibility of the Parties involved. In cases where a hearing will be conducted by the UCSC, the Office of Student Responsibility and Community Standards will appoint a personal advisor to both the Accused Party and the Complaining Party as soon as possible. Except in extraordinary circumstances, personal advisors will be appointed no later than the time the hearing notice is transmitted. Each party is responsible for presenting his/her own information and therefore, advisors are not permitted to speak or to directly participate in the hearing. In cases involving victims of violent crimes, the University may act as the Complaining Party. Legal counsel (licensed attorney) is not permitted at a hearing, even as a personal advisor, except when criminal charges are concurrently pending against the Accused Party, arising out of the same conduct that is the subject of the hearing. In such cases, the Accused Party and the Complaining Party are permitted, but not required, to have legal counsel present as an advisor. In such instances, legal counsel may only personally advise the client and may not participate in any manner in the hearing. All advisors are subject to final approval of the Director of Student Responsibility and Community Standards, or designee. The Director of Student Responsibility and Community Standards, or designee may, in his/her sole discretion, prohibit an advisor at any time prior to or during the hearing process and in such instance, the Accused Party will be given a reasonable amount of time to identify a replacement advisor if desired.
d. A list of possible witnesses, relevant information and documentation (i.e. pertinent records or exhibits), may be accepted for consideration by a Conduct Body, provided they are submitted to the Director of Student Responsibility and Community Standards, or designee or designated Hearing Officer in accordance with the following provisions:
i. Hearings before the Community Standards Board or individual hearing officer: at least 48 hours before the hearing.
ii. Hearings before the UCSC: at least five (5) business days before the hearing. Each party will then have an opportunity to provide further information responsive to the other party's information. That new information must be submitted at least 48 hours before the hearing. In certain circumstances, individual names or personally identifiable information may be redacted in order to comply with federal privacy laws.
iii. If additional witnesses or documents are identified that were not available prior to the periods stated, and the hearing is before the UCSC, the Chair of the UCSC Board will determine whether to allow the new information to be presented to the full Board. For all other hearings, the Director of Student Responsibility and Community Standards, or designee, will determine whether to allow the new information in the hearing. In the event that new information is allowed, all parties will be notified and given an opportunity to review the new information.
iv. The Conduct Body, Accused Party or Complaining Party may arrange for witnesses to present relevant information at the hearing. Witnesses will be required to provide relevant information and answer questions from the Conduct Body. The Chair of the UCSC Hearing, in his /her sole discretion, can limit the number of witnesses they deem relevant to the hearing. Each party is limited to two (2) character witnesses. A character witness is a witness who provides information to a Conduct Body regarding their opinion of a party's academic abilities and reputation.
v. To preserve the educational tone of the hearing, the Accused Party and/or Complaining Party may suggest questions to be answered by the witnesses and each other. The parties will not be permitted to cross-examine any witnesses. All questions shall be provided to the Conduct Body chairperson or hearing officer, as the case may be, rather than to the witnesses or other parties directly. Therefore, All questions are facilitated through the Board Chair. The appropriateness and relevancy of all such questions are subject to the approval of the Conduct Body chairperson or hearing officer in his/her sole discretion.
vi. The Complaining and/or Accused Party may request that Student witnesses be required to attend the hearing. The request shall specify the witness' name and the information expected from the Student. For hearings before the UCSC, the Chair of the UCSC will determine whether the expected information would be appropriate and relevant and will approve or deny the request. For all other hearings, the Director of Student Responsibility and Community Standards or designee will determine whether the expected information would be appropriate and relevant and will approve or deny the request. In either case, if approved, the Director of Student Responsibility and Community Standards or designee will take appropriate steps to attempt to secure the attendance and participation of the Student witness.
e. The Conduct Body chairperson or individual hearing officer, generally, is the presiding University official responsible for overseeing the hearing and for taking all steps necessary and appropriate to conduct the hearing. All procedural questions during the hearing are subject to the final decision of the presiding University official. In all UCSC hearings, the Vice President for Student Development will appoint a procedural advisor to the UCSC Board.
f. The Complaining Party and the Accused Party will have an opportunity to address the Conduct Body directly during the Hearing through an opening and closing statement. The opening statement should focus on the circumstances surrounding the incident and relevancy of witnesses and documentation provided. Opening statements will be limited to twenty minutes. Closing statements should address issues raised during the hearing through witnesses and documentation provided to the Conduct Body. Closing statements are limited to fifteen minutes. Ultimately, the opening and closing statements are the responsibility of the Student, however, advisors are trained to provide assistance by reviewing the statements with the Students. In cases involving sexual assault allegations, the University may act as the Complaining Party.
g. In any hearing or other related meeting, the Accused Party may remain silent, and such silence will not be used against him/her in determining whether or not a violation of University policy has occurred. If an Accused Party chooses not to participate in the hearing process, the final decision as to whether or not the Accused Party violated University policy will be based on the information presented in the hearing.
h. All UCSC hearings (not including deliberations) are recorded. The recording is the property of the University. In general, access to the recording is limited to the Vice President for Student Development as the Appeal Officer for all UCSC Hearings, his/her designee, or the Title IX Coordinator.
i. After the hearing, the Conduct Body will determine (by a majority vote if the Conduct Body consists of more than one person) whether the Accused Party has violated the University Community Standards or policy based on the information presented in the hearing. In its determination, the Conduct Body will utilize a preponderance standard (whether it was more likely than not) that the Accused Party is responsible for the violation.
j. If the Accused Party fails to appear before the Conduct Body at the time of the scheduled hearing, the hearing will be conducted in the Accused Party's absence.
k. The Conduct Body may accommodate deviations from general hearing procedures when such deviations are reasonably necessary to protect an individual's safety or well-being (including without limitation, psychological well-being) under the circumstances. This accommodation may be made at the sole discretion of the Director of Student Responsibility and Community Standards or designee and such accommodation may be made at any time prior to or during the hearing process.
l. The Conduct Body may announce a decision at the conclusion of the hearing or meet following the hearing to consider the information presented and communicate its decision in writing to the Accused Party within five (5) business days of the hearing. Notification will include an explanation of the appeal process. Subject to the requirements of the Family Educational Rights and Privacy Act and/or other state and federal laws, the Complaining Party or other appropriate parties may be notified of the decision of the Conduct Body. In accordance with the Family Educational Rights and Privacy Act (FERPA), the University will disclose to any alleged victim of a crime of violence or non-forcible sexual assault the final results of a disciplinary proceeding regardless of whether the Conduct Body concluded a violation was committed.
m. The Conduct Body may impose any sanctions deemed appropriate under the circumstances and consistent with University Policy.
n. No Student, faculty member, or staff member can be retaliated against as a result of reporting a violation of the University Community Standards, participating in an investigation related to such a report, or participating in any hearing or appeal process related to a report. Examples of include, but are not limited to, stalking, intimidation, threats, coercion, or discrimination because of a person's complaint or participation in an investigation, hearing, or appeal. Any allegations of retaliation should be reported to the Office of Student Responsibility and Community Standards and will be investigated to determine whether a violation of the Community Standards occurred.
2.12.1 All hearing procedures applicable to Accused Parties are also applicable to Student Organizations (Section 2.1.10).
2.12.2 If a Student Organization is found in violation of the University Community Standards, also know as the "Code," the Conduct Body may impose one or more of the following sanctions or other sanctions not set forth below but determined to be reasonable and appropriate by the Conduct Body:
a. Probation: Probationary status for not less than one academic semester, during which time the organization will be required to fulfill specific conditions or refrain from certain actions or activities. Violation of the probation conditions, or any University policy or procedure, may result in additional and more severe sanctions.
b. Suspension: Separation from the University for a specified period of not less than one semester. Suspension involves a loss of all privileges, including, without limitation, the use of University facilities and services as well as a probationary status for not less than one year following completion of the suspension.
c. Termination: Permanent separation of a Student Organization from the University and the forfeiture of any organizational funds in the possession of the University.
d. Discretionary sanctions: Without limitation, service to the University or outside community, letters of apology, completion of educational programs, assessment and/or counseling, or other appropriate and reasonable assignment.
e. Fine/Fees: The imposition of a monetary fee/fine appropriate under the circumstances.
f. Restitution: Monetary compensation for loss, damage or injury as determined by the Conduct Body.
g. Loss of privileges: The suspension of certain organizational privileges, opportunities and/or the right to participate in certain activities.
2.13.1 When a Student is found responsible and/or receives sanctions for a violation of the University Community Standards or any other University policy through the hearing process, they may appeal only for the following reasons:
a. To determine whether the Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures. Deviation from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
b. To determine whether the sanctions imposed were appropriate for the violation(s).
c. To consider new information, not available at the time of the hearing, that would be relevant and significantly impact the findings.
d. To determine whether a procedural error occurred that significantly impacted the outcome.
2.13.2 An appeal must be submitted no later than 5:00 p.m. within two (2) Univeristy business days after the Hearing Outcome letter had been issued. An appeal must be submitted by going online to conduct.slu.edu and completing the Community Standards Appeal form. Appeals are reviewed at one of two levels in the following manner:
a. The Vice President for Student Development or his designee will consider appeals for cases heard before the UCSC, including all sexual assault cases.
b. All other hearing appeals will be distributed by the Office of Student Responsibility and Community Standards to other Appeal Officers. The Office of Student Responsibility and Community Standards is responsible for forwarding the appeal along with the Student file to the appropriate Appeal Officer. The Student will be e-mailed with the contact information of the Appeal Officer and be directed to contact them immediately to set up an appointment to discuss the appeal.
2.13.3 As a general rule, neither the sanctions resulting from a disciplinary decision nor any change in the status of a Student will be enforced until the appeal has been fully considered. However, each matter shall be considered on a case-by-case basis, taking into account, among other things, the health and safety of individual community members or the community as a whole.
2.13.3 The Appeal Officer may decide the appeal or may remand the matter for a full or limited hearing to the original Conduct Body for further proceedings in the following circumstances:
a. If it can be demonstrated that new evidence sufficient to alter a decision was unavailable or could not have been known to a party at the time of the original hearing.
b. In the discretion of the University official reviewing the appeal, a remand is necessary in the interest of fairness.
2.13.4 An Appeal Officer can amend violations and sanctions at their discretion based on the appeal request and information provided in the Student's file.
2.13.5 A Complaining Party may appeal under the same terms and conditions as an Accused Party in those instances when the University, in compliance with state and federal law, may disclose the outcome of a conduct proceeding to the Complaining Party.
2.13.6 All appeal decisions of the Community Standards are final.
The following sanctions may be imposed individually or in combination upon a Student or Student Organization found to have violated this Code or any other University policy. Other sanctions not listed may be imposed upon recommendation by the Conduct Body or hearing officer.
2.14.1 Disciplinary Warning: A disciplinary warning is an official written notification that the Student's behavior is objectionable and violates the Community Standards; that the action or behavior must cease; and that further misconduct could result in additional disciplinary action.
2.14.2 Disciplinary Probation: Disciplinary probation is a formal notice, affecting the non-academic status of the Student, that the Student's behavior is unacceptable within the University community. Disciplinary probation requires that the Student demonstrate during a specified period of time that s/he is capable of meeting the conduct standards expected of members of the University community and reclassifies them as a Student "not in good standing" with the University. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the Student is involved in any other conduct violations during his/her probationary period. A Student deemed to be "not in good standing" with the University may be subject to any or all of the limitations/restrictions that the hearing officer/Conduct Body deems appropriate, such as:
a. Loss of eligibility for campus apartment living;
b. Loss of ability to represent the University in any public performance or event;
c. Loss of ability to hold office or serve in a leadership position in any Student Organization;
d. Loss of ability to participate in Intramurals or Club sports;
e. Loss of ability to participate in leadership roles or Student Organizations; and
f. Loss of scholarship.
Additional requirements or restrictions may be a condition of the probationary period. Failure to meet the requirements of probation, or to comply with the restrictions, or further objectionable behavior may result in additional disciplinary sanctions, such as suspension or dismissal from the University.
2.14.3 Discretionary Sanctions: Include, but are not limited to, service to the University or community; letters of apology; completion of educational programs; assessment and counseling; evaluation or treatment by an appropriate health care or other professional; disqualification from representing the University in official University activities such as intercollegiate athletic contests, holding or seeking an officer position in a University organization and/or participation in intramural athletic events or other discretionary assignment deemed appropriate by the Conduct Body.
2.14.4 Restitution: Monetary compensation for loss, damage or injury as determined by the Conduct Body.
2.14.5 Fees/Fines: The imposition of a monetary fee/fine appropriate under the circumstances.
2.14.6 Loss of Privileges: Denial of privileges to University services and facilities and/or attendance or participation in activities, events or programs.
2.14.7 Restricted Access: Restriction or termination of a Student's access to a residence hall/apartment or designated portion of a residence hall/apartment as a guest, or other University facilities or a portion thereof.
2.14.8 Housing Suspension: Separation of the Student from a floor, apartment or residence hall for a definite period of time. Conditions for reinstatement may be imposed.
2.14.9 Contract Termination: Termination of the Student's residence hall/apartment contract and removal from the Residence Life system. Readmission to the Residence Life system may occur only with written approval from the Director of Housing and Residence Life. Students whose contracts are terminated will lose visitation privileges to all residence halls/apartments and may be assessed housing and other charges in accordance with the terms of the living unit contract.
2.14.10 Degree and/or Transcript Withholding: The University may withhold awarding of a degree otherwise earned or an official University transcript until the completion of the process set forth in this Code, including without limitation, the completion of all sanctions imposed.
2.14.11 Suspension: Separation of the Student from the University for a definite period of time, after which the Student is eligible to return. Conditions of readmission may be specified. Students who are suspended from the University may forfeit all tuition and other fees paid or required to be paid for the academic year. Students who are suspended from the University may not visit the University or attend University activities and or functions during their period of suspension. Violations of the Community Standards while suspended, will go before the UCSC Board and may result in increased suspension or possible expulsion.
2.14.12 Expulsion: Permanent separation of the Student from the University. Any Student who has been expelled from the University under the Code may be readmitted only with written approval of the Vice President for Student Development. Students who are expelled from the University may forfeit all tuition and other fees paid or required to be paid for the academic year. Students who are expelled from the University may not visit the university or attend university activities and or functions.
2.14.13 Revocation of Admission and/or Degree: Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of standards in obtaining the degree, or for serious violations committed by a Student prior to graduation.
2.14.14 Parental Notification: Parents are sent a letter from the Office of Student Responsibility and Community Standards notifying them of a Student's violation(s) and sanctions. The University understands that parents and/or guardians maintain an interest in their Student's behavior while at college, and can play a positive role in the learning experience. (See Section 2.17).
2.14.15 Housing Probation: Temporary imposition of conditions allowing the Student continued, unbroken presence in University housing subject to stated conditions. A Student deemed to be on "housing probation" is subject to additional and more severe sanctions if there is a violation of any University policy or procedure during his/her probationary period. Students on housing probation are not eligible to sign up for University owned or managed apartments. If a Student is placed on Housing Probation while living in a University apartment, they may be allowed to remain in the apartment, but will not be allowed to renew the contract except with the permission of the Director of Housing and Residence Life or his/her designee.
2.15 Behavioral Concerns & Students in Distress
The intent of this policy is to assist the Student who cannot function effectively in the University community without posing a risk to him/herself or infringing upon the safety, rights or opportunities of others. This policy also provides mechanisms by which such a Student may continue toward the completion of his/her academic goals, if not immediately, then in the future. In the uncommon circumstance that a Student cannot safely remain at Saint Louis University or meet academic standards even with reasonable academic accommodations and other supports, Saint Louis University may require the Student to take a leave of absence. The Vice President for Student Development or a designee reserves the right to take immediate, necessary and appropriate action to protect the health, safety, and well-being of an individual and/or the University community.
2.15.1 Referrals and Reporting
Any Member of the University Community (faculty, staff, parent, community member, alum, or Student) may refer a Student of concern or report an incident involving a Student's distressed or disruptive behavior to the Dean of Students office. Faculty, staff, and Students may also contact Student Health and Counseling Services ("SHCS") or a Behavioral Concerns Committee ("BCC") designee for a consultation when s/he observes early warnings signs of concerns. Reports and referrals will be forwarded to the BCC for review and/or evaluation.
2.15.2 Behavioral Concerns
The following are some examples, although not an exhaustive list, of Student behaviors and/or policy violations that the BCC may choose to review and/or evaluate:
a. Cutting, self-mutilation
b. Impulsive behaviors/lack of self-control
c. Suicide threats or ideation
d. Suicide attempts
e. History of alcohol or drug abuse
f. Pattern or trend of disrespectful behavior towards others and/or campus community
g. Threat of harm to others
h. Inadequately managed psychological or medical conditions
i. Eating disorder (anorexia, bulimia, etc.) patterns and behaviors that may place the person at risk.
2.15.3 BCC Review
The Dean of Students, or Dean's designee, presents cases that have been referred or reported by a Member of the University Community to the BCC for initial review. The BCC may be convened as needed or at such regular times as determined by the committee for full case review of a Student who poses a potential threat of violence to others or imminent threat of self-harm.
If, after the case review, the BCC concludes that the Student does not pose imminent threat, but should complete recommendations intended to assist the Student in managing his or her behavior, the BCC will provide the Student an opportunity to participate in a Non-Crisis Case Management Response Process. The Dean of Students, or Dean's designee, will inform the Student of possible referrals for assistance and help the Student establish communication with various sources of assistance and support, including parents and/or legal guardians (consistent with Community Standards, 2.17 Parental Notification).
If after the case review, the BCC concludes that the Student poses an imminent threat to self, others or community, the BCC will engage the Student in a Crisis Case Management Response Process that will include parental notification and may include the Student's involuntary participation. A Student agreeing to voluntarily participate in a Crisis Case Management Response Process understands that s/he is agreeing to complete all of the BCC's recommendations and waives his or her right to appeal the decision. At this time, the Student may elect to apply for a voluntary leave of absence (See Section 2.15.4 below). If no agreement is reached, the matter may be referred to a BCC hearing (see Section 2.15.6 below).
If a Student agrees to voluntarily participate in a Crisis Case Management Response Process, but fails to substantively follow or comply with agreed upon recommendations, the matter may also proceed to a formal BCC hearing.
2.15.4 Voluntary Leave
A Student may be permitted to take a voluntary leave of absence for documented mental health or other health reasons. If a Student requests a voluntary leave, the Dean of Students will work with Student Health and Counseling Services, the appropriate academic dean's office, academic advisor, Registrar and Student Financial Services to help the Student arrange a voluntary leave of absence and secure a leave. When a Student takes a voluntary leave, the Student is permitted, for each class in which he/she is enrolled, to withdraw from the class or postpone assignments and exams. A Student on voluntary leave may maintain contact with, and is permitted, to visit the campus. This means the Student may also attend campus events.
2.15.5 Involuntary Referral for Evaluation
A Student may be required to have a psychological or psychiatric evaluation completed by a University approved, licensed mental health professional, at the Student's expense, if the Dean of Students, Dean's designee, or other University administrator facilitating the review of the referral believes that:
a. the Student may lack the ability or capacity to understand and/or respond to the referral;
b. the Student may not have known or understood the nature of the alleged referral; or
c. the Student provides information or exhibits behavior indicating s/he may have a mental health issue that is having a significant impact on the Student's behavior, personal well being or ability to function as a productive member of the University community.
A Student who fails to complete this evaluation may be referred to the BCC for a hearing and may also be subject to an interim suspension.
2.15.6 BCC Hearing
Referrals involving behavioral concerns may be referred by the Dean of Students, or the Dean's designee, for a hearing by the BCC which is chaired by the Director of Student Responsibility and Community Standards, or designee.
A BCC Hearing may be convened by the Dean of Students, or designee, for a "failure to comply" in one of the following scenarios:
i. When a Student is reviewed by the BCC in accordance with 2.15.3, is determined to pose an imminent threat to self, others, or the community and fails reach an agreement with the BCC.. When a Student is reviewed by the BCC in accordance with 2.15.3, is determined to pose an imminent threat to self, others, or the community, voluntarily participates in a Crisis Case Management Response Process but fails to substantively follow or comply with the agreed upon recommendations.
ii. When a Student is required to have a psychological or psychiatric evaluation in accordance with 2.15.5, but fails to complete the evaluation as determined by the BCC.
The BCC will convene to consider what, if any, responsibility the Student has relative to any alleged failure to comply and what, if any, action should be taken to ensure the best interests of the Student and the University community are being met.
a. The Student will be given at least 48 hours notice to appear at the BCC hearing.
b. The Student may be assisted by an advisor, such as a family member, a physician, a licensed psychologist, a psychiatrist or other licensed mental health professional.
c. Legal counsel is not permitted to be present as an advisor unless the Student is facing criminal charges resulting from the behavior under review. At no time will legal counsel, if permitted to attend, be allowed to speak on behalf of the Student or otherwise participate in the hearing.
d. The Student may submit information relative to the situation being considered.
e. A Student will be allowed to speak on his/her own behalf whenever possible subject to such reasonable rules that the committee establishes for its proceedings.
f. If the Student fails to appear before the BCC at the time of the scheduled hearing, the hearing will be conducted in the Student's absence.
The BCC is charged with determining responsibility and issuing sanctions just as any Conduct Body referred to in this Code.
The BCC shall also consider whether or not resolution of the matter at the present time best serves the Student as well as the University community. Consideration may be delayed due to the Student's voluntary or involuntary leave and/or withdrawal, hospitalization, or in-patient treatment program or other relevant circumstances.
2.15.7 Involuntary Leave
Recommendations whether to impose an involuntary leave will be made by the BCC to the Vice President for Student Development, or a designee. The BCC may recommend an involuntary leave for safety reasons if it finds, after an appropriate assessment, that a Student poses a significant risk to him/herself or to others, and that the risk cannot be eliminated or reduced to an acceptable level. In making its decision, the committee will on a case-by-case basis:
1. Consider whether there are reasonable accommodations that would allow the Student to meet academic standards, and
2. Determine if safety is an issue, as well as consider the nature and severity of the risk, the probability that injury will actually occur, and whether support services available both on- and off-campus can sufficiently mitigate the risk.
Before making its decision, the BCC must:
1. Notify the Student that the committee is considering imposing an involuntary leave and disclose the basis for the committee's decision to consider whether the Student needs to be placed on involuntary leave, and
2. Provide the Student the opportunity to appear personally before the committee and provide information relevant to the determination of imposing an involuntary leave. The Student may choose to be accompanied by an advisor for personal support. Advisors are not permitted to speak or directly participate in the BCC review. Legal counsel (licensed attorneys) is not permitted at the BCC meeting, except when criminal charges are concurrently pending against the Student, arising out of the same conduct being considered by the BCC. In such instances, legal counsel may only personally advise the Student and may not participate in the BCC review of the case. In situations where a Student is unable to appear before the committee, a representative of the Student may appear to present information for consideration. All advisors and representatives are subject to final approval of the BCC and the BCC may prohibit an advisor or representative at any time prior to or during the case review process.
The BCC may inquire into a Student's current condition and request recent mental health information and medical records. The BCC will, however, confine its inquiry to information and records necessary to make a determination. The committee may not insist on unlimited access to confidential information or records.
Prior to imposing an involuntary leave, a Student may be given the option to take a voluntary leave. Involuntary leave is subject to approval by the Vice President for Student Development, or a designee. If the BCC recommends an involuntary leave because there is a significant risk that the Student will harm another if s/he remains on campus, the committee may recommend restricting the Student's interactions with the campus community during the period of the leave as needed to ensure safety. Such restrictions may include limits on the Student's communications with faculty, staff or other Students and on the Student's access to the campus, for example, to visit friends or attend campus events.
Tuition, financial aid and housing costs may be refunded in accordance with standard University policy. The same arrangements for refunds of tuition or other costs will be available to a Student who takes a leave of absence for documented mental health reasons, whether voluntary or involuntary, as are available for a Student who takes a leave of absence for documented physical health reasons.
2.15.9 Returning from Leave
Reinstatement as an enrolled Student following either voluntary or involuntary leave normally requires a certification from the Student's treatment provider which satisfies the University that the Student's behavior is compatible with the academic and community standards of the University. In general, an opinion from the Student's treating mental health professional that the Student is fit to return is sufficient. In exceptional cases, Saint Louis University may require the Student to undergo an independent evaluation.
In evaluating a Student's request to return to the University, the BCC may recommend to the Vice President for Student Development, or a designee, that a Student shall be required to comply with a set of reinstatement conditions set out for the Student in a written agreement. A Student's request to return may be denied only if upon the BCC's recommendation, the Vice President for Student Development, or a designee, finds that the Student will not be able, upon return, to meet academic standards with reasonable accommodation(s) or be safely at the school even when appropriately utilizing available support services both on and off campus. The Vice President of Student Development in consultation with the BCC may impose additional conditions for compliance upon the Student's return.
2.15.10 Alternative Housing While Enrolled
In the uncommon circumstance that a Student does not meet the standard for imposition of involuntary leave but cannot safely remain in Saint Louis University housing, Saint Louis University may require the Student to live in housing other than Saint Louis University housing while enrolled.
Recommendations about whether to require a Student to leave Saint Louis University housing will be made by the BCC to the Vice President for Student Development, or a designee, consistent with Section 2.15.3. A campus housing restriction may also prevent a Student from entering Saint Louis University housing - for example, to visit friends - so as to prevent disruption to the residence community.
The Student may continue to attend classes, extracurricular activities and campus events; maintain normal contact with teaching, administrative and other staff; and otherwise visit friends on campus.
2.15.11 Conduct Proceedings
Students charged with conduct violations may be afforded the following accommodations by the BCC and the Office of Student Responsibility and Community Standards:
• If the Student takes a voluntary leave for mental health reasons, conduct proceedings may be stayed until the Student returns.
• If Saint Louis University is considering whether to require the Student to take an involuntary leave or to leave Saint Louis University housing, conduct proceedings may be stayed while the decision is being made.
• If a Student is placed on involuntary leave, the stay may continue until the Student returns.
• If the Student is required to leave Saint Louis University housing, the stay may continue until that restriction is lifted.
2.16 Disciplinary Records
In accordance with the Family Educational Rights and Privacy Act (FERPA), disciplinary records are considered a part of a Student's education record. A Student's disciplinary record consists of those incidents in which a Student was alleged to have violated a University Policy and/or the University Community Standards and either took responsibility or was found responsible for the violation(s). Any charge for which a Student is found not responsible does not become part of a Student's disciplinary record. In situations involving both an Accused Party (or a Student Organization) and a Student claiming to be the victim of another Student's conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the Accused Party(s) and the Student(s) issuing the complaint because the educational career and chances of success in the academic community of each may be impacted.
To receive information in a Student's file, the Student must submit a signed request in-person or if in writing, along with a copy of a picture ID, to the Office of Student Responsibility and Community Standards. The request should describe specifically what should be released and to whom. Students requesting a copy of their file for their own personal records may come to the Office of Student Responsibility and Community Standards to review their disciplinary record. Students requesting a release of information to a third party (graduate school, employer, etc.) will only receive information from the file on incidents where the Student either accepted responsibility or was found responsible in a hearing/appeal process. Disciplinary records are maintained for seven years from the time a Student graduates or withdraws from the University with the exception of a Student who was suspended or expelled which are maintained indefinitely.
2.17 Parental Notification
The purpose of Saint Louis University's parental and guardian (from hereafter referred to as parental or parents) notification policy is to foster a healthy and safe campus community while promoting the educational and professional success of Students. Consideration to notify parents demonstrates Saint Louis University's commitment to "cura personalis" or a deep "care of the person" and our goal "to work toward the common good."
While the University's primary relationship is with its Students, the University also understands that parents and/or guardians maintain an interest in their Students' behavior while at college, and can play a positive role in the learning experience.
Therefore, the University strives to foster a partnership with both Students and their parents in which each has a unique responsibility to promote a healthy and productive learning experience. As part of our mission, the University expects Students to assume personal responsibility and accountability for their actions as they learn to function interdependently.
The University also recognizes that the process of establishing appropriate levels of personal autonomy requires support and, at times, assistance or intervention. In the appropriate circumstances, notification of parents or legal guardians can be a means of support in that transition. Parental notification is intended as a means to inform and encourage communication between a Student and his or her parents without compromising our primary relationship with the Student and his or her ability to assume responsibility for his or her actions. Parents are encouraged to use this information to assist their Student in fulfilling his or her educational goals through the use of open dialogue. After parental notification has occurred, the University will continue to correspond and otherwise conduct business directly with the Student, and not through parents, guardians, or any other third party.
In accordance with the Family Educational Rights and Privacy Act Policy, the University has established the following guidelines for notifying parents when there is:
1. concern for the welfare of a Student; or
2. the Student's behavior may jeopardize the welfare of others; or
3. the Student is involved in violations of federal, state, or local law or University policies related to the possession, use, or distribution of alcohol or a controlled substance (drugs) and is under the age of 21.
Specifically, the University grants to the Vice President for Student Development or designee the authority to appoint who may notify parents or guardians, as well as to determine when and by what means they may do so.
The Vice President for Student Development or designee-whenever possible-will involve the Student in a discussion about the decision to notify his or her parents or legal guardian and will inform the Student when notification has occurred. However, Saint Louis University may disclose information to parents, without written consent from the Students, when notification is determined to be necessary to protect the health or safety of the Student or others. Nothing in these proposed guidelines shall prevent University officials from notifying parents or legal guardians of health or safety emergencies, regardless of the Student's conduct status.
Circumstances for Notification
In general, notification of parents or legal guardians for a violation of federal, state, or local law or University policy may happen given the following circumstances:
1. The Student receives treatment at a medical facility for a serious or life-threatening injury.
2. The Student has threatened or caused harm to self or others.
3. The Student has been found responsible or accepted responsibility for a conduct violation in which FERPA allows parental notification, or the sanctions imposed impinge on an aspect of a Student's education record for which a FERPA release has been signed, e.g. housing reassignment that impacts a housing contract.
4. The University is notified by police that a Student was arrested or taken into custody.
5. The information regarding the Student is needed in connection with an emergency to protect the health or safety of the Student or other individuals.
6. The Student and/or a Student's guest is 17 years of age or younger and alleged to have violated any federal, state or local law, or any rule or policy of the institution.
The University retains the right in its discretion to notify parents of any conduct or behavioral matter.
2.18.1 Any questions of interpretation or application of the Community Standards shall be referred to the Vice President for Student Development or his or her designee for final determination.
2.18.2 The Community Standards shall be reviewed every year under the Direction of the Director of Student Responsibility and Community Standards, or designee.