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Community Expectations and Responsibilities: Policies and Procedures

It is the goal of the director of student life and his/her staff to be fair and consistent at all times. Though some offenses have disciplinary consequences, other sanctions will be determined at the discretion of the director and his/her staff. When such decisions are rendered, the following criteria will be taken into consideration: temperament, attitude, previous discipline history and specific circumstances. It is the university’s desire that through this individualized approach to discipline, a student will benefit from the experience in a positive manner and it not be merely punitive. It should also be noted that the various appeal processes that are in place may at times overturn an original decision.

In all situations, accused students shall be informed of the nature of the alleged infractions, be given a fair opportunity to respond to the charges, and to request a review of any outcome and/or sanctions by the next level in the process. In some cases, the victim(s) may also be allowed to appear at the hearing, present information, and be informed of the outcome of the hearing. Students appearing before a hearing are permitted to bring a support person with him/her for advice and support but the student must speak for him/herself. If a student is facing one or more criminal proceedings off campus in connection with the same events, he/she may choose to bring an attorney with him/her to the hearing; however, the attorney is permitted to attend as a courtesy and is not authorized to speak for the student. The hearing officer reserves the option of asking any person to leave the proceedings at their discretion if it is deemed to be in the best interests of the student, the campus or the process, including but not limited to persons deemed to be disruptive, threatening or interfering with or obstructing the process.

AUTHORITY

1. The university has established these community expectations in order to protect its educational mission, provide for the orderly conduct of its activities and safeguard the interests of the university community.
2. The regulations contained in the community expectations will apply to all matters affecting the university, including, but not limited to, events occurring during the time the university is in session, events occurring between academic terms, at university-sponsored off-campus events and any behavior by DWU students, on or off campus, that may adversely affect the university or the community.
3. Disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of these expectations if both violations result from the same factual situation, without regard to the pending of civil litigation in court or criminal arrest and prosecution. Proceedings under this code may be carried out before, simultaneously with or following civil or criminal proceeding off campus at the discretion of the university.
4. The director of campus life retains ultimate responsibility for the administration of these expectations (policies, procedures, sanctions and processes). The director retains final authority to make the following determinations.
 
a.
Jurisdiction in cases where ambiguity exists.
 
b.
Whether a violation of the code shall be adjudicated administratively or by the Student Judicial Board.
 
c.
Whether a violation or serious criminal act occurring off campus shall be adjudicated by the university judicial system.
 
d.
The selection, training and eligibility standards for being a J-board member.
 
e.
The removal, for cause, of any J-board member.
 
f.
How violations of these expectations are to be adjudicated at the end of the academic year and during the summer sessions.

GENERAL PROVISIONS

1. The university reserves the right to amend any provision herein at any time in accordance with established university procedures. Communication of any changes will be made to the university in an appropriate and timely fashion.
2. The code of community expectations and responsibilities shall apply to conduct that occurs on university property and elsewhere during the course of a university function. Actions not committed on university property may also be subject to judicial action if the offense adversely affects the university or the pursuit of its objectives.
3. The actions of a student organization are expected to be consistent with the code of community expectations and responsibilities. If members of a student organization or students representing the group violate DWU standards of conduct, disciplinary action may be taken against the group as a whole, its officers or individual members as deemed necessary and appropriate.
4. Students may be held accountable to civil authorities and to the university for acts that violate the law and university regulations.
5. Any behavior that has been influenced by a student's use of drugs or alcoholic beverages shall not limit the responsibility of the student for the consequences of his/her actions.
6. Where the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g., no contest), the alleged facts that formed the basis of the criminal charges shall be deemed established for purposes of disciplinary proceedings.
7. Students are expected to know and abide by all policies. If a student chooses not to familiarize themselves with the policies, he/she runs the risk of unintentionally violating these policies and may be assigned sanctions/consequences for these violations.


GENERAL EXPECTATIONS OF STUDENTS
It is expected that students at Dakota Wesleyan University will act in mature, law-abiding and responsible ways. They are expected to obey national, state and local laws; to respect the rights and privileges of others; to be honest in social and academic relationships; and to conduct themselves in a manner that brings credit to themselves and to the university. In general, students are expected to obey specific college rules and regulations.

A Dakota Wesleyan University student may be subject to the student judicial process sanctions up to, and including, dismissal for engaging in the following kinds of behavior.

ASSAULT
Physical assault by any member of the DWU community against another person, on or off campus will NOT be tolerated. Persons initiating such violence may be subject to suspension, dismissal, other disciplinary action and/or criminal charges. Sexual assault, sexual abuse or other forms of coerced sexual activity are offenses committed when a student subjects another person to sexual contact without having first obtained explicit consent or when he/she knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness, including but not limited to, intoxication; and when a reasonable person would know that such contact is likely to

HARASSMENT
Behavior that psychologically or physically threatens any group or individual, including themselves, and/or causes any person to be placed in real or perceived danger is strictly prohibited. Stalking is defined as willfully, maliciously and repeatedly following, harassing, calling or contacting another person in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed or molested. Hazing is defined as physical or mental harassment, abuse, threats or intimidation, sexual harassment or action that intentionally and unreasonably subjects another person to public ridicule or harm. It shall not be an acceptable defense to a charge of hazing that members took part voluntarily, that they voluntarily assumed the risk/hardships of the activity or that no visible injury was suffered.

PREJUDICE or HATE CRIMES
Dakota Wesleyan University is a safe place for people of all backgrounds, therefore, expression of hatred or prejudice based on differences in race, religion, gender, age, culture, physical ability, language, nationality or sexual preference is strictly prohibited.

DISORDERLY CONDUCT
Disorderly conduct by any student on campus or at a university sanctioned activity on or off campus by intentionally causing a breach of peace or committing lewd, indecent or obscene acts will result in disciplinary action.

ALCOHOL
The use or possession of alcoholic beverages on campus or at university sponsored events, possession of alcohol paraphernalia including, but not limited to, all alcoholic beverage containers, full or empty, or other containers used in the consumption of alcohol, is strictly prohibited and will result in disciplinary action.

DRUG USE
Drug use, consumption, manufacturing, possession or distribution of illegal drugs is not only illegal, but also strictly prohibited on campus. Action will be taken if any drug paraphernalia is found to be present or if the university becomes aware of any drug activity on or off campus.

IDENTIFICATION
Falsification of institutional records or otherwise furnishing false information, including knowingly making false oral or written statements to any institutional official, faculty member or office personnel will result in disciplinary action. This includes neglecting to present proper identification when requested by an official of the university.

INSUBORDINATION
Failure to comply with directives from campus judicial proceedings, and/or institutional officials or law enforcement officials acting in the performance of their duties, and/or failure to identify one's self to these officials when requested to do so will result in disciplinary actions.

JOINT RESPONSIBILITY
Everyone present when a violation is occurring is choosing to remain there and is thus choosing to accept the consequences of that decision. Anyone who aids in the violation of university regulations or who encourages the violation of regulations may be deemed as responsible as the offender and may be subject to the same sanctions as the offender.

DESTRUCTION OF UNIVERSITY PROPERTY
Destruction of university property regardless of intent or cause will result in disciplinary action.

TRESSPASSING
Students are not permitted in areas and rooms that are locked and/or for which they have not been assigned a key or where specifically prohibited. (i.e. mechanical rooms, storage and supply rooms, electrical rooms, tunnels, offices, attics or other resident hall rooms, roofs). Unauthorized presence in, use, or possession of keys for such areas is subject to judicial action.

WINDOWS/SCREENS
Windows should remain locked when not in use as an added safety measure. Windows and/or screens may not be altered, loosened or removed for any reason. Dropping, throwing or allowing objects (liquid or solid) to be brought into or out of windows in any manner in any university area is prohibited and will result in disciplinary action. Residents are responsible for any object transported into or out of the building via their room window, with or without their permission and for screens that are found unsecured, missing or damaged. Windows provide a secondary exit in the event of an emergency and thus nothing should be placed in such a manner as to block access to them.

CANDLES AND INCENSE
The burning of candles and incense is not permitted in any building including offices and student rooms due to safety concerns and direction of the fire marshal. Students found to be in violation will be subject to disciplinary sanctions. Candles will be confiscated.

PORNOGRAPHY
All pornographic materials are prohibited. These would include magazines, books, posters, photos, videos, CD ROM, computer games and Web sites. Students that are in violation of this policy will face disciplinary action. The university reserves the right to confiscate all such materials, including subscription materials. The university reserves the right to search personal computer files and Web sites should it be deemed necessary.

BUSINESS
Conducting a personal business out of any university building including offices and residence hall rooms or with institutional resources will result in disciplinary action.

GAMBLING
Gambling on campus or at university-sponsored events including, but not limited to, sporting events is strictly prohibited.

TOBACCO
The use of tobacco products, including chewing tobacco, cigars and cigarettes anywhere on campus property, other than inside personal vehicles is strictly prohibited.

WATER FEATURES
Swimming, wading or putting objects (such as fish, laundry detergent, or other harmful substances) in campus water features is prohibited.

SPORTS ACTIVITIES
Sports activities when played inside any building often result in damage to walls, ceilings, windows and furnishings and can easily set off the sprinkler system. Therefore, sports activities are not permitted in any building other than the Christen Family Recreation/Wellness Center.
Any other conduct which, in the judgment of the university, is undesirable or detrimental to the function of the institution will be subject to disciplinary action.

UNIVERSITY DISCIPLINARY SANCTIONS
Pending action on suspected violations, the student's right to be on campus and attend classes, except for reasons relating to personal safety or the university community, will not be compromised. The director of student life reserves the option to impose restriction(s) on a student or student organization pending outcome of judicial proceedings on and off campus.

In a manner consistent with Dakota Wesleyan University's goal of strengthening responsible self-direction through attention to each student's individual circumstances, a student in violation of the university's rules and regulations may be subject to one or more of the following sanctions:

1.
Admonition - An oral or written statement to the student that he/she is violating or has violated college rules and that further instances of unsatisfactory conduct may be cause for more severe disciplinary sanction.
2.
Restitution - A full and complete reimbursement for damages to, destruction of, or misappropriation of the property of the university or others. In the case of university property this may take the form of appropriate service or other compensation.
3.
Letter of Apology - A formally written letter of apology, either private or public, to an individual, an outside agency or the university.
4.
Work Hours – Work hours may be assigned after an assessment of the disciplinary proceedings. Work hours will be supervised by a professional or para-professional staff member of the institution and will be appropriate to the violation.
5.
Monetary Fines – Monetary fines may be issued in more severe cases on top of other sanctions.
6.
Disciplinary Probation - A written notice placing conditions upon the student's continued attendance at Dakota Wesleyan University. Disciplinary probation also shall serve to give the student notice that further misconduct while a student at Dakota Wesleyan University may result in immediate dismissal. The director of residence life only can issue disciplinary probation. He/she shall specify the conditions and the period of time of the disciplinary probation. He/she reserves the option to review, modify or extend disciplinary probation as deemed necessary and appropriate The conditions shall include, but are not limited to, any of the following:
a) Removal from and/or restriction of access to specified campus facilities.
b) Loss of privileges such as: (1) to be an active participant in, and /or to be in attendance at any or all public events, (2) to represent the college in specified manners, or (3) to hold office in any or all college-approved organizations;
c) Required attendance at meetings and/or completion of projects;
d) Required participation in certain groups and/or programs.
7.
Developmental Discipline - Fulfillment of behavioral contracts and/or other educational sanctions.
8.
Counseling – In some cases, meeting with a counselor might be the best thing for the student. In these cases, a set number of sessions will be allotted as a sanction and signed off on by the campus counselor.
9.
Chemical Dependency Assessment, including but not limited to drug screening.
10.
Suspension - Temporary termination of student status and exclusion from enrollment. The director of residence can issue suspension. The director of student life will make all final decisions concerning suspension.
11.
Dismissal - Permanent termination of student status and exclusion from further enrollment at Dakota Wesleyan University. The director of residence life or the Campus Life Committee can recommend dismissal. The provost may consider recommendations by other administrators of the university. The provost in consultation with the president will make all final decisions concerning dismissal.
12.
There is no set sanction for any given violation. Every violation will be heard on a case-by-case basis in which the appropriate disciplinary sanctions will be assessed. The University reserves the right to apply any sanction it deems necessary given the situation, not just from the above list.

DISCIPLINARY PROCEDURE
In dealing with unacceptable behavior, every effort is made to demonstrate concern for the student and the quality of campus life. The following model is designed to provide the student with opportunities for behavioral changes as well as assuring them of due process:

Chart of Discipline Process
 

1.It is hoped that most disciplinary problems will be handled through positive peer to peer influence, counseling, guidance, admonition and example. In the case of residence halls, it is hoped that peers and resident assistants will handle these problems through floor meetings or informal counseling/confronting.

Serious infractions of local, state or federal law will be referred to appropriate authorities. Serious infractions of laws or policies of Dakota Wesleyan University can be adjudicated immediately by the director of student life.

2. If a problem is chronic or serious in nature, any person can bring a formal complaint against the person(s) involved. A formal complaint should be in written form and presented to the director of residence life or director of student life.

A. Issues of discipline problems of all students will be processed through the campus life office.
  1) Resident directors and resident assistants are the primary individuals involved with confronting incidents and filing reports of alleged misconduct within the residence halls.
  2) Students will be contacted by the director of residence life or other hearing officer to plan a meeting to discuss the initial incident report. In this meeting the preferred method of resolution is one of working to find an acceptable solution through mutual problem solving. Students will receive written notification of decisions in all cases.
  3)

case the student and hearing officer will identify the sanctions to be taken and in some cases may negotiate a contractual agreement. If a contractual agreement is reached and compliance to it is not achieved, ongoing discipline will be determined by the director of residence life.

In the event that a student does not admit responsibility, the hearing officer will consider information from all sources and make a determination regarding responsibility for each person accused.

In the event that a student chooses to miss the hearing, a decision will be made in the student's absence.
 

B. Options for the Accused: Students will be afforded the following options during judicial proceedings:
  1. Hearings will be closed.
  2. A student shall receive a clear written statement of the charges.
  3. A student shall have the option to provide witness statements in his/her behalf.
  4. A student shall have access to evidence considered by the hearing officer or committee.
  5. A student shall receive written notification of the decision regarding his/her case.
  6. A student shall be presumed not responsible unless proven otherwise.
 
C. Options for the Victim: Students will be afforded the following options during judicial proceedings:
  1. A victim shall have the option to appear at the hearing.
  2. Hearings will be closed.
  3. A victim shall have the option to present witness statements or information in his/her behalf.
  4. A victim shall have the option to address the board and question the evidence presented.
  5. Victims of violence or nonconsensual sexual acts have the opportunity to request information about the outcome of these proceedings and have the right to press criminal charges.
 
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