| |

|
|
|

PHILOSOPHY
It is inherent in any community that certain guidelines for its members
be established. These guidelines or regulations are derived from the
realistic expectations of all those who study, learn and reside on
our campus. These regulations are primarily expected to protect the
individual’s freedom and safety. Some of these regulations are
in the form of city, state and federal ordinances which protect the
general welfare of the DWU community. Some of these regulations may
appear to limit personal freedoms, however the total effect is that
of greater freedom for the whole community.
The community expectations
and responsibilities at Dakota Wesleyan University are intended to
be developmental as well as educational.
They are intended to foster the growth and development of each individual,
as well as enrich the entire college community. The philosophy and
procedures of the system are reflective of this attitude. When students
enter Dakota Wesleyan University, they are subject to the established
rules and regulations of the university. However, students do not relinquish
the personal freedoms to which they are entitled as citizens of the
United States. In order to honor and protect the rights of each student
and the integrity of the university, students who infringe upon the
rights of others or take actions that are contrary to these community
expectations and responsibilities are subject to disciplinary action.
The student discipline process emphasizes procedural
fairness. Practices in disciplinary cases may vary in formality with
the nature of the
offense and the sanctions that may be applied.
In all situations, accused
students shall be informed of the nature of the charges against them,
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. The victim(s) in student disciplinary
cases shall also be allowed to appear at the hearing, present information,
and be informed of the outcome of the hearing. Students appearing before
a hearing officer or Student Judicial Board are permitted to bring
an adviser, normally a member of the DWU community, 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
or the Student Judicial Board chair/adviser reserve 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.
DEFINITIONS
| 1. |
The term “university” means Dakota Wesleyan University. |
| 2. |
The term “student” refers to all persons taking
courses from the institution, both full- and part-time, pursuing
undergraduate, graduate, extension studies, professional or special
topic courses. Persons who are not officially enrolled for a particular
term but who have a continuing relationship with the university
are considered students. If the student’s enrollment lapses
for more than one calendar year, they will no longer be considered
a student at DWU. |
| 3. |
The term “campus” includes all land, buildings,
facilities, or other property in the possession, owned, used or
controlled by the university including adjacent streets and sidewalks. |
| 4. |
The term “student organization” refers to any
number of students who have complied with formal requirements for
Student Association Senate recognition. |
| 5. |
The term “Student Judicial Board” or “J-board” refers
to a panel of persons authorized by the university to determine
whether a student has violated the Community Expectations and to
recommend sanctions if appropriate. |
| 6. |
The term “incident report” refers to a form used
to formally record alleged policy or university violations. May
also be called a “complaint,” a “citation,” a “write-up” or
a “disciplinary report.” |
| 7. |
The term “class days” refers to all days during
which university classes are normally in session, including semester
examination days. Saturdays, Sundays, official vacation days and
interim periods are not "class days." |
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.
|
|
|