Office of student conduct and community standards

Mission

The Office of Student Conduct (OSC) is committed to educating its students about their responsibilities and rights as Johnson C. Smith University students and community members, both on and off campus.

The OSC takes seriously its responsibility for administering a holistic, educational, equitable disciplinary process that enhances the academic mission of the University to help students develop a compelling sense of social and civic responsibility for leadership and service

Aims

The Office of Student Conduct aim to support students through a conduct process that is intended to be a learning experience which promotes behavioral changes and personal understanding of one’s responsibilities and the consequences and impacts of one’s actions. The Student Conduct process is designed to be educational and restorative in nature, promoting the University’s mission.

Code of Student Conduct

Student Code of Conduct

The Student Code of Conduct exists to protect the persons who comprise the University community, as well as the rights and property of the University. These standards also foster and enhance the academic mission of the institution. While the Student Code of Conduct do not include all of the activities that may adversely affect the University community, they do apply to the conduct of all students and student organizations while on University owned or controlled property and off the campus as long as the student or student organization maintains a student relationship with the University. University owned or controlled property includes all lands, buildings, and facilities owned, leased, or operated by the University. The University reserves the right to sanction currently enrolled students for violations of the Student Code of Conduct, even if said violations occur off campus.

The summaries within the website are not all-encompassing of the Student Code of Conduct. Please click here to access and read the full Student Code of Conduct.

The Conduct Process

Whenever the Office of Student Conduct receives information suggesting a student may have violated the Student Code of Conduct, the Student Conduct Coordinator may initiate a conference meeting.

If there is sufficient information for Student Conduct Coordinator to fine a student in violation of University policy, the process will be as follows:

Notification of Conduct Conference Meeting: A student charged with violation(s) of the Student Code of Conduct will receive a letter from the Student Conduct Coordinator notifying them of the alleged violation(s). This letter will be sent to the student’s JCSU email address on file with the University and will include a brief summary of the alleged violations of the Student Code of Conduct. The letter will also direct the student to contact the Student Conduct Coordinator to schedule a conduct conference meeting within three academic calendar days. An academic calendar day means Monday to Friday, excluding holidays and scheduled breaks from classes during the academic calendar year.
Interim Procedures: The University may take appropriate interim steps before the final resolution of any conduct outcome to ensure that the University community is sufficiently protected. If the alleged offense is of such a nature that the student’s presence on campus while awaiting resolution of conduct outcome is unwise or poses a clear and present danger to members of the University community, the University may, at its discretion, temporarily withdraw or suspend the student until the matter has been resolved and until his or her return is in the best interests of the University community. The University may also take any other appropriate steps, including, without limitation, directing appropriate University officials to alter academic, housing and other arrangements.
Initial Meeting with the Student Conduct Coordinator: Within three academic calendar days of receiving the Notice of Conduct Conference Meeting letter from the Student Conduct Coordinator, the student should participate in a conduct conference meeting with the Student Conduct Coordinator to review the process for the student conduct process. In the conduct conference meeting, the Student Conduct Coordinator will provide the student with an overview of the conduct process and the student’s rights and obligations, including the right to plead “Responsible” or “Not Responsible” in response to each of the alleged violations. If the student fails to schedule and attend a conduct conference meeting will result in an automatic plea of Responsible for all alleged violations.
Pleading Not Responsible vs. Pleading Responsible: During the conduct conference meeting with the Student Conduct Coordinator, the student will be informed of their right to plead Responsible or Not Responsible in response to each alleged violation. If the student does not respond to the alleged violation, he/she will be presumed to have plea Responsible, and a University Administrative Hearing will be scheduled for the student by the Student Conduct Coordinator. Notification of the University Administrative Hearing will be sent via email to the students. A student has the right to have their case heard by the Student Conduct Coordinator at the conclusion of the Conduct Conference Meeting or by a University Hearing Officer assigned by the Office of Student Conduct. If a student decides to be heard by selecting an Administrative Hearing or a University Hearing Panel, the meeting will be scheduled by the Student Conduct Coordinator. If a student pleads Responsible for an alleged violation, they may not appeal the decision imposed.

Students have the right to select from one of two hearing options:
- Administrative Hearing: The Student Conduct Coordinator or designated University Hearing Officer hears evidence and assigns sanctions and stipulations in consultation with the Dean of Students. While this is usually a faster method of resolving alleged violations, there is no right to appeal the determination or sanctions. This is the only hearing option during summer session/months or campus closures.
- University Hearing Panel. The University Hearing Panel hears evidence and assigns sanctions in consultation with the Student Conduct Coordinator. Unlike the Administrative Hearing, there is a right to appeal the determination or sanctions.
Notice of Hearing: If the student pleads Not Responsible, the Office of Student Conduct will provide written notice of the hearing to the student within three academic calendar days from receipt of the student’s plea or the student may have their case or hearing adjudicated at the end of their conduct conference meeting. This notice will be sent to the student’s campus email address and will include the type of hearing requested along with its date, time, and location. The hearing will take place promptly, with at least three academic calendar days’ notice provided to the student.

Sanctions and Stipulations

When students are found in violation of University regulations, sanctions will be imposed. The purpose of sanctioning is to educate a student as to why their behavior is inappropriate. Sanctions for misconduct will be determined on a case-to-case basis, utilizing criteria such as the nature of the offense; the precedent established at the University for similar offenses, and the previous disciplinary history of the student, as well as the student's attitude and behavior throughout the resolution process.

Stipulations are designed to assist students in identifying and observing the boundaries of what is considered acceptable behavior. The following stipulations singly and/or in combination, may be imposed on a student found responsible for violations of the Student Code of Conduct based on the violation and severity of the incident

Sanctions

University Warning: A disciplinary warning or reprimand is an official statement of censure warning the student of unacceptable conduct in an incident considered to be one of minor consequences.
University Probation: Students placed on probation are expected to demonstrate a positive change in their behavior. During the sanction period, the student shall be denied participation in intramural, intercollegiate, and club sports. Such students may not represent the University in any public function or performance, hold office in a student organization, or be eligible to join a fraternity, sorority or social fellowship during their probationary status. In addition, the sanction of probation will become a matter of record in the Office of Student Conduct. Students who have been placed on disciplinary probation twice in the same academic year may receive more severe sanctions, such as University suspension.
University Suspension: Suspension means that a specific date has been recommended for the re-admission of the suspended student. This sanction is generally only assessed in cases of extremely serious misconduct where the University desires that evidence of rehabilitation be presented by the student before he or she is re-admitted to the University.
Expulsion: Expulsion is the most severe sanction that can be imposed upon a student for violation of the Student Code of Conduct. Expulsion is permanent dismissal from the University, and the student’s relationship with the University is permanently severed. The student is not only subject to the conditions and restrictions cited under suspension, but is also not eligible to apply for re-admission to the University

Stipulations

Community Service: Students may be required to complete an assigned number of community services hours by a specific deadline.

Research Assignments: The student may be required to complete a research assignment on a topic related to the offense committed. The research assignment must be completed by the deadline specified and be thorough, comprehensive, typewritten, and scholarly.

Participation in Special Workshops: Students may be required to help develop, coordinate and evaluate special workshops related to the offense they have committed. Students may also be required to participate in special workshops to enhance their own knowledge and understanding of a particular topic related to the offense committed. In such instances, students must be prompt and attentive, plus present a well-written, typed summary of the activity to the Conduct Hearing officer or body within 24 hours of the event.

Restitution: Restitution is reimbursement for damage to or misappropriation of University or personal property. It may be in the form of money, service, or other compensation.

Restriction of Privileges: A student who receives this sanction shall be notified in writing as to the privileges he or she has restricted. This written notification shall indicate the time period for which the student has lost these privileges or must abstain from making use of them.

Conduct Fines: Fines may be assessed to the student found responsible of committing an infraction. The amount of the fine varies according to the severity of the offense. The student will be informed in writing of the date when the fine must be paid.

Housing Relocation: If this sanction is assessed, the student will be required to move to another room or residence hall because of his or her lack of willingness to comply with the rules and regulations of his or her present residence hall community.

Residence Life and Housing Suspension: Suspension from a residence hall includes a period of observation and review.

Loss of Housing: A student may lose his or her privilege of residing in University housing. If this occurs, a letter may be sent to his or her parents or guardians notifying them of the sanction.

Temporary Suspension: During this period of deferred suspension from the University, if the student engages in additional conduct that the Dean of Students determines is in violation of the Student Code of Conduct, the University reserves the right to issue immediate sanctions, including but not limited to permanent suspension or expulsion, without any further disciplinary hearing.

If a student is temporarily suspended from the University due to medical reasons, the Dean of Students in consultation with appropriate campus resources will make a determination regarding the length of separation from the University and describe the conditions under which the student may seek to return.

Additional Sanctions: Additional sanctions not specifically listed above may be imposed for any violation of the Student Code of Conduct. Such sanctions, where appropriate, may include but are not limited to: required counseling or medical evaluations, behavioral contracts, letter of apology/acknowledgement, Notice of Trespass, or No Contact Orders.

The Appeal Process

Determinations made and/or sanctions imposed at an Administrative hearing are final, and a student has no right of appeal. Generally, determinations made and/or sanctions imposed at a University Hearing Panel hearing may be appealed only on the following grounds to the Dean of Students:

Procedural errors shown to have had a material and detrimental impact on the outcome of the hearing. Minor deviations from designated policies and procedures will not form the basis of an appeal unless the deviation resulted in substantial prejudice that impacted the outcome of the hearing.
New evidence not reasonably available at the time of the hearing, the absence of which can be shown to have had a material and detrimental impact on the outcome.

If the sanction is expulsion, a student may appeal on any grounds directly to the Dean of Students.

Appeal notices must be in writing and provided to the Dean of Students within five academic calendar days of receiving notification of the determination.

The student’s written appeal must be dated, signed and clearly delineate the reasons for the appeal and include pertinent information that will assist the Dean of Students in making a determination.

Requests for an appeal shall, at minimum, outline the following:

If the appeal is based on procedural error: (a) citation of specific procedural errors, with appropriate references; (b) reason(s) why the procedural error was not mentioned in the original hearing; and (c) reason(s) why the error had a material and detrimental impact on the outcome of the hearing.
If the appeal is based on new evidence not reasonably available at the time of the proceeding: (a) description of the new evidence; (b) name(s) of anyone who could present this evidence); and (c) reason(s) why the absence of this new evidence had a material and detrimental impact on the outcome of the hearing.

In the case of an appeal involving the sanction of expulsion, the request should include as much factual detail and information as necessary to allow the Dean of Students to make an informed decision regarding the appeal. The Dean of Students will determine whether there are sufficient grounds to modify the original determination and/or sanctions and will notify the student of the decision within five academic calendar days after receipt of the student’s appeal notice

An appeal conference with the Dean of Students will not be required to receive an appeal outcome. If an appeal conference is needed to consider the matter further, the notice shall include the time and place at which the student is to be present. The findings of the University Hearing Panel or Dean of Students shall be afforded substantial deference upon review because those parties had the benefit of hearing all of the testimony and evidence presented, while also having the opportunity to evaluate the credibility of witnesses.

The decision of the Dean of Students is final.

Conduct Process Advisors

Accused students may have a Conduct Process Advisor (CPA) present to support and assist them during all stages of the conduct process, including the hearing and appeal stages. Advisors must be current JCSU staff or faculty members and must be approved by the Office of Student Conduct. The Student Conduct Coordinator will ensure that the advisor has the requisite knowledge and experience with the conduct process to appropriately assist the student.

Resources

Disciplinary History Requests

A student disciplinary record is any and all records received or created by the Office of Student Conduct and Community Standards. In compliance with state law and university policy, the Office of Student Conduct and Community Standards for a period of five (5) years from the date of the final decision or resolution. Files are maintained permanently for all pending incidents and incidents resulting in suspension, dismissal, or expulsion.

When completing applications to transfer to another institution, or applying to law schools, professional schools, state board agencies, or federal government positions, students may need a student disciplinary history provided.

Requests from current or former students to release disciplinary information should be submitted online

Student Conduct: Disciplinary History Request Form