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 vice president for campus life retains ultimate responsibility for the administration of these expectations (policies, procedures, sanctions and processes). The vice president 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.

1. Assault

a)

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.

b)

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 cause emotional distress. Explicit consent means voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. Explicit consent includes an affirmative verbal response or voluntary acts unmistakable in their meaning.

2. Harassment

a)	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.
b)	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.
c)	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.
d)	Sexual harassment in any form.

3. Expression of hatred or prejudice based on differences in race, religion, gender, age, culture, physical ability, language, nationality or sexual preference

4. Disorderly conduct by any student on campus or at a university sanctioned activity off campus by intentionally causing a breach of peace or committing lewd, indecent or obscene acts. The following acts are included but not exclusive of disorderly conduct:

a)	acting in a violent or threatening manner toward another, whereby any person is placed in danger of the safety of his/her life, limb or health;
b)	acting in a violent or threatening manner toward another, whereby the property of any person is placed in danger of being destroyed or damaged;
c)	causing, provoking or engaging in any fight, brawl or riotous conduct so as to endanger the life, limb, and health or property of another;
d)	antagonizing another person through the use of "fighting words";
e)	interfering with others' pursuit of lawful occupation;
f)	causing unreasonable or offensive noises which aggravate the comfort of others.

5. Possession or use of weapons, firearms, stun guns, explosive devices, knives, fireworks, archery equipment, BB guns, air guns, paint guns, hand guns, martial arts weapons, and hazardous chemicals in violation of campus policies

6. Alcohol

a)	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.
b)	Any student under age 21 who returns to campus intoxicated can be found in violation of the conduct code.
c)	The following legal violations will also constitute code of expectations and responsibilities violations under the university's alcohol policy: minor in possession or minor consumption; driving under the influence; disorderly conduct that is alcohol/drug related; contributing to minor consumption, possession; open container; maintaining a place to knowingly violate liquor laws; and any other legal violation related to alcohol and drug use/or possession. The university could obtain such public information from the law enforcement agencies.
d)	Any alcohol violation that the university becomes aware of. See section on Drug Free Schools.

7. Drug use, consumption, manufacturing, possession or distribution of illegal drugs.

a)	Drug paraphernalia including any devices that may be used to facilitate consumption of illegal drugs.
b)	Any drug violation that the university becomes aware of. See section on Drug Free Schools.

8. 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.

9. 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.

10. Destruction of university property regardless of intent or cause.

11. Illegal seizure of university buildings, including unauthorized entrance, unauthorized roof access, or possession of unauthorized keys.

12. Misuse of computers and/or computer use guidelines.

13. Conducting a personal business out of any university building including offices and residence hall rooms/apartments or with institutional resources.

14. Gambling on campus or at university-sponsored events.

15. Tobacco

a)	Use of tobacco products, including chewing tobacco, cigars and cigarettes, anywhere on campus property other than their personal vehicle when parked in a campus parking lot.
b)	Sale, distribution or other promotion of tobacco products on campus or at university sponsored events.
c)	Distribution of materials with tobacco products or tobacco company logos/images.
d)	Obtaining sponsorships from businesses/organizations whose primary business is in the area of alcohol, tobacco and/or gambling.

16. Swimming, wading or putting objects in campus water features, such as fountains and pond.

17. Any other conduct which, in the judgment of the university, is undesirable or detrimental to the functioning of the institution.

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 vice president for campus 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 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.	Reprimand - A written warning to a student for a violation of a specific regulation, including notice that further violation of the same or other regulations will result in more severe disciplinary sanction.
4.	Letter of Apology - A formally written letter of apology, either private or public, to an individual, an outside agency or the university.
5.	Monetary Fines - The assessment of money against individual students for violation of university rules and regulations. Such assessments may be levied by the director of residential life/judicial affairs coordinator, campus life committee or the vice president for campus life (policy violations have set maximum fines). Students who do not pay their fine within 10 working days will have it added to their bill (it will show up as a disciplinary fine on their statement) in the business office with a $5 late fee assessed. The amounts of fines levied for offenses can be found in writing with the director of residential life/judicial affairs coordinator in the campus life office and posted in university facilities.
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 vice president for campus life can only 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.	Community Service
8.	Developmental Discipline - Fulfillment of behavioral contracts and/or other educational sanctions.
9.	Counseling
10.	Chemical Dependency Assessment, including but not limited to drug screening.
11.	Suspension - Temporary termination of student status and exclusion from enrollment. The director of residential life/judicial affairs coordinator and the student judicial board can recommend suspension. The vice president for campus life will consider recommendations by other university administrators after thorough investigation. The vice president for campus life will make all final decisions concerning suspension.
12.	Dismissal - Permanent termination of student status and exclusion from further enrollment at Dakota Wesleyan University. The director of residential life or the Campus Life Committee can recommend dismissal. The vice president for campus life may consider recommendations by other administrators of the university. The vice president for campus life in consultation with the president will make all final decisions concerning dismissal.

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 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 vice president for campus 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 residential life/judicial affairs coordinator or vice president for campus 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. Campus safety personnel are responsible for the same duties occurring elsewhere on campus. Campus safety personnel may also participate in situations within the residence halls in some circumstances.
	2)	At the time of the complaint, the person initiating the process will personally present the individual(s) with a copy of the incident report. Items such as time, location, name, date and violation will be listed on the incident report. In the event that a situation may not be best suited for immediate presentation of the incident report, the individual will receive the report within three class days either personally or through the campus mail system.
	3)	Students will then be contacted by the resident director or director of residential life/judicial affairs coordinator (hereafter known as the 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.
	4)	A student may choose to accept responsibility for the violation(s) described in the incident report. In this 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 student J-board. 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 charged with the violation(s). In the event that a student chooses to miss the hearing, a decision will be made in the student's absence.
B.	The Student Judicial Board will serve as the student committee for judicial review. The student judiciary system is intended to be a fair and equitable process within an educational setting designed to develop responsible student citizenship and to protect the rights and property of individual members of the DWU community and the institution as a whole. To that end, certain basic procedures have been established to protect the rights of the accused, and victims as well as the rights of others in the community and college. The J-board shall deal with disciplinary matters regarding all students and/or student involvement as deemed necessary and appropriate by the vice president for campus life. The J-board shall be made up of a panel of five to seven students and advised by the director of residential life/judicial affairs coordinator. The judicial affairs coordinator shall be responsible for maintaining accurate records concerning all cases brought before the committee. Disciplinary proceedings by hearing officers and/or student J-board members are considered administrative hearings, not criminal proceedings. Every effort is made to insure fair and equitable treatment for all students.
C.	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 permitted the opportunity to request a student adviser to assist him/her.
	7.	A student shall be presumed not responsible unless proven otherwise.
D.	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.	A victim shall be permitted the opportunity to request a student adviser to assist him/her.
	6.	Victims of violence or nonconsensual sexual acts have the opportunity to request information about the outcome of these proceedings.
E.	Judicial Review Procedure If the decision of the Student Judicial Board is unacceptable to the student or complaint source, the review process begins with the submission of a written request to the Campus Life Committee. The student has three class days from the date of the written notification in which to submit a written letter of review. The basis for a review must be a claim of insufficient evidence, procedural error or too severe and unjust a penalty. If the decision of the Campus Life Committee is unacceptable, the review process continues with the submission of a written review to the vice president for campus life. The student has three class days from the date of the notification from the Campus Life Committee in which to submit a written letter of review. The basis for this review must be a claim of procedural error. The decision of the vice president for campus life shall be final. A claim of new evidence will be considered through the student J-board. Contact the director of residential life/judicial affairs coordinator to request another hearing. The student J-board will review the new information at their next scheduled meeting, except in cases where the violation occurs within 10 days of the end of each semester. If the violation occurs during the last 10 days of the semester, the vice president for campus life will make the decision.

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Last updated: 12/13/07
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