General Provisions and Definitions

1. GENERAL PROVISIONS

a. Amendment: The University reserves the right to amend the Student Code of Conduct at any time. Any amendment will be dated and becomes effective fifteen (15) days after it is published in the electronic version of the Student Code of Conduct unless specific factors (e.g., change in laws or related policy) demand an immediate effective date.

b. Communication/Contact Expectation Directives: The University expects students to manage interpersonal conflicts in a mature, adult like manner. Students are expected to use healthy, safe, and appropriate means to resolve and/or navigate interpersonal conflicts. In situations involving conflicts between students that appear to rise to the level of more serious inappropriate behavior, the University may issue a Communication/Contact Expectation Directive to one or both parties involved in the situation. This directive is used to help students navigate their educational experience. The directive may prohibit one or more persons from having contact with one another or third persons involved in a conflict. The directive may be issued as an interim measure or as a part of the University’s conduct process as a social contact restriction. When used as an interim measure, this directive is not open to a review process. This request is supported by the Community Standards as a reasonable request of a University Official in the performance of his/her duties. As such, it is a requirement under the Student Code of Conduct that students comply with such a directive.  It should be noted that a University Communication/Contact Expectation Directive is not the same thing as a court order, commonly referred to as a restraining or protective order.

c. Complaints(Note: This section applies to all complaints of misconduct except those made pursuant to the University’s Sexual Misconduct  and Harassment Policy . Please consult that policy for reporting options, support resources, and a description of the investigative process.)

Any person may file a complaint of misconduct against any current student.  As used in this code, a complaint includes reports submitted to the DOCS containing information which could constitute a violation of the Student Code of Conduct.  Regardless of by whom a complaint is made, all complaints alleging violation of one or more University policies shall be made in writing and shall be submitted to the DOCS.  Complaints must be submitted to the DOCS within one year of the date upon which the complainant is aware or should reasonably have been aware of the alleged violation.  At the sole discretion of the DOCS, a complaint may be referred for investigation if additional information is needed.  The DOCS is solely responsible for initiating conduct proceedings for alleged violation where there is sufficient information to believe that a violation may have occurred and that disciplinary action is appropriate.

d. Conditional Attendance:  A student who has not been found to be in violation of any University policy may be subjected to conditional attendance restrictions if it is determined by the DOCS  that a failure to do so presents an unreasonable danger to any person or property. This decision is an administrative action, and thus not appealable. A conditional attendance restriction does not replace the regular student conduct process, which shall proceed as detailed in the Student Conduct Processes section of this code.

e. Conduct Standing: The submission of an application for admission to the University represents a voluntary decision on the part of a prospective student. The University's approval of an application represents the extension of the privilege of joining the academic community and remaining a part of it as long as the student meets the academic and behavioral expectations of the University. Students who abide by University policies are considered to be in good conduct standing with the University. A student’s conduct standing may be changed as a result of being found in violation of one or more University policies. Students who successfully complete sanctions imposed through a Student Code of Conduct process may petition the Dean of Student Well-Being and Healthy Living to be restored to good conduct standing.

f. Coordination with Law Enforcement:  The University's Student Code of Conduct does not operate within a criminal or civil judicial system.

The University's goals, use of terms, procedures, definitions of prohibited conduct, and potential sanctions are separate and distinct from the public legal system. All Gonzaga community members are strongly encouraged to report conduct that may constitute a criminal offense to law enforcement authorities in addition to making a complaint to the University under the Student Code of Conduct.

The existence of an investigation by law enforcement authorities shall not necessarily delay implementation of the Student Code of Conduct process. The University has a continuing obligation to maintain a safe and secure educational environment for its students, regardless of whether a case is prosecuted criminally or whether they are substantiated in the criminal justice system. University proceedings may be carried out prior to, simultaneously with, or following criminal or civil proceedings.

g. Coordination with other University Departments:  Certain types of complaints may be handled by other University departments.  A particular case may be transferred between departments at the discretion of the DOCS. Examples of cases that may be addressed through a process other than provided in this Student Code of Conduct include but are not limited to:

Complaints involving conduct in the residence halls can be filed with the appropriate Residence Life staff member. The Office of Housing and Residence Life is empowered to address conduct issues that occur in the presence of one of their staff on or off campus or that occur in University residential facilities. These complaints will generally be processed by Residence Life staff, provided that this method of resolution is approved by the DOCS.

The Gonzaga Student Body Association or other recognized bodies may have student conduct boards for hearings to consider particular types of conduct or discipline cases which are referred to them by the DOCS. The procedures of these boards and hearings are subordinate to the hearing procedures described in the Student Organization's Policies and are subject to review by the DOCS.

h. Interim Suspension: A student who has not been found to be in violation of any University policy may be subjected to an Interim Suspension if it is determined by the DOCS that a failure to do so presents an unreasonable danger to any person or property. This decision is an administrative action and thus non-appealable. An interim suspension does not replace the regular student conduct process, which shall proceed as detailed in the Student Conduct Processes section of this code.

i. Jurisdiction:  Every student is expected to observe the highest standards of conduct, both on and off campus and while participating in any activity or program sponsored by the University. When prohibited conduct occurs on or off campus, the University may implement the procedures described in this Code.

j. Official University Communication with Students: E-mail is an official form of communication at Gonzaga University. The University will assign all students an official University e-mail address to which the University will send all official e-mail communications. Students should frequently check their University-issued e-mail account and read messages in a timely manner. Other forms of communication the University may use to contact students include residence hall room phone number, MSC mail box and local and other contact information listed with the Registrar’s Office.

k. Polygraph Evidence: The results of any polygraph test are not allowed as evidence in any conduct process undertaken pursuant to the Code of Student Conduct.

l. Preponderance of Evidence: Determinations of responsibility for violations will be made based on a preponderance of evidence standard, that is whether the alleged violation is “more likely than not” to have occurred.

m. Records: The DOCS is the custodian of student conduct records.  These records usually include complaints, findings of responsibility and any sanctions issued.  Students should be aware that information maintained in their disciplinary file or other University record may be requested by entities outside the University.  Such requests include employment background checks, military or civilian clearances for sensitive information, graduate or other college admissions processes, professional licenses and certifications, and court orders.  The University follows the guidance of FERPA and other applicable privacy laws in responding to these requests, and maintains records in compliance with applicable law and University policy. Note: For records relating to any complaint, investigation, and conduct action made pursuant to the University’s Sexual Misconduct and Harassment Policy the Title IX Coordinator will serve as the custodian of records.

n. Withdrawal from School with Pending Complaint: If a student withdraws from his or her academic coursework or leaves the University without withdrawing and there are unresolved Student Code of Conduct allegations, a hold will be placed on the student’s account and he/she will not be able to return to Gonzaga without resolving the alleged violation(s). The University reserves the right to resolve the allegation(s) after a student withdraws or otherwise leaves the University. If an allegation remains unresolved following the withdrawal of a student, the University will note in the student’s education record the nature of the allegation and the fact the student withdrew prior to adjudication.

2. DEFINITIONS

a. Advisor: The person selected by a Party to provide support as the Party represents him/herself in conduct proceedings. An advisor does not actively participate in any part of a conduct process. If an advisor is disruptive to the conduct process, they may be dismissed. Dismissal of an advisor does not constitute grounds to postpone, delay, or cancel any conduct process.

b. Complainant: A party alleged to have been the subject of, or harmed by, student misconduct. Party may refer to a person, student club, or organization.

c. Conduct Officer: A University official trained to adjudicate matters pursuant to the Student Code of Conduct.

d. Day: When used in this Code the term “day” or “days” refers to business days.

e. FERPA: The Family Educational Rights & Privacy Act, a federal law that protects the privacy of student education records.

f. Director of the Office of Community Standards (DOCS): The person designated by the Vice President for Student Development to perform the functions described in this Student Code of Conduct.  The DOCS is responsible for initiating the conduct proceedings where there is a reasonable belief that a violation may have occurred and that disciplinary action is appropriate.  Any reference in this Student Code of Conduct to the “Director of the Office of Community Standards” includes his or her designee.

g. Misconduct: The violation of one or more University policies or the commission of an act of prohibited conduct contained in this Student Code of Conduct.

h. Outcome:  A determination of responsibility or non-responsibility for violation of the Student Code of Conduct, as well as any sanction levied.

i. Reporting Party:  A person submitting an allegation that a student is responsible for violating a University policy. “Party” may refer to a student club or organization.

j. Respondent: A person alleged to have violated a University policy. “Respondent” may also refer to the officers and/or members of a student club or organization.

k. Retaliation:  Acts or attempts to seek retribution including, but not limited to, any form of intimidation, reprisal, harassment or intent to prevent participation in University proceedings under this policy. Retaliation may include continued abuse or violence, other harassment, and slander and libel.

l. Student:  A person enrolled, taking courses(s) or receiving instruction at Gonzaga University.  Any reference to "student" in this Student Code of Conduct includes student clubs or organizations.

m. Student Conduct Review: A process facilitated by the DOCS in cases of a less serious nature for the purpose of determining whether or not a policy has been violated, and what, if any, sanction is appropriate.

n. Student Conduct Conference: A process facilitated by the DOCS in cases of a more serious nature for the purpose of determining whether or not a policy has been violated, and what, if any, sanction is appropriate.

o. University:  Gonzaga University.

p. University Conduct Board (UCB):  A hearing body, the members of which are appointed by the Vice-President for Student Development. Its function, upon assignment by the DOCS, is to hear and resolve allegations of misconduct to determine responsibility and sanctions.  This Board is made up of University faculty, staff, and students trained to serve on both initial hearing and appellate panels.

q. UCB Chair: The person acting as chairperson of a UCB hearing or appellate panel.

r. University Conduct Appeals Board (UCAB):  A panel of three UCB members appointed by the Vice-President for Student Development, and who did not originally hear the matter being appealed.

s. University Policy:  A written regulation or proscription of the University, including but not limited to those found in the Student Code of Conduct, Sexual Misconduct and Harassment Policy, Academic Policies, Student Group policies, and Residence Life regulations. All definitions included in any University Policy are incorporated here by reference.

Last updated 8/21/15