| Rockhurst University Student Code of Conduct |
You may download and print* the complete Student Handbook or browse through the Student Code of Conduct below.
Philosophy | Student Creed | Guidelines | Student Rights | Disciplinary Process
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| FAQs for Students |
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What Is the Purpose of the Student
Code of Conduct?
Rockhurst University sponsors programs, services, and activities that encourage
students to develop academically, spiritually, socially, physically, and emotionally.
In a partnership among students, faculty, and staff, the University helps to
create an educational environment with principles rooted in its Jesuit, Catholic
tradition. These principles challenge students to strive for excellence to
become men and women for others, to integrate classroom and experiential learning,
to develop talents through discovery and reflection, and to share a common
concern with each person. To achieve these ideals, all students are expected
to contribute, through their words, actions and commitments, to the development
and sustenance of a community characterized by purpose, openness, justice,
discipline, care, and celebration. A student enrolled at Rockhurst University
assumes a responsibility to behave in a manner compatible with its educational
environment and community principles. The following guidelines, while not exhaustive
and limiting, illustrate behaviors and actions that are incompatible with the
institutional mission of Learning, Leadership, and Service in the Jesuit Tradition.
Who are all of the people involved in the hearing process and what
are their roles?
Roles and Definitions
Hearing Examiner - The Assistant
Dean of Students or designate. A Hearing Examiner will review facts related
to allegations of non-academic misconduct by a student or student organization
most often considered to be less serious in nature and will make findings
and, if the student or organization is found in violation of the Code of
Conduct, impose sanctions.
Hearing Committee - Consists
of three voting members (a faculty member, a staff member, and a student)
and is specifically constituted for cases that involved allegations of considered
to be more serious misconduct. Either the faculty member or the staff member
will serve as the chair of the Hearing Committee. Although every effort will
be made to conduct the Hearing Committee with one student, one faculty and
one staff, it may not be possible, especially during the summer, and the
Hearing Committee may consist of any three members of the University community.
The Hearing Committee will review facts related to allegations of non-academic
misconduct against a student or student organization and will make their
findings and, if the student or student organization is found in violation
of the Code of Conduct, impose sanctions. |
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Investigating Officer - The
Assistant Dean of Students or designate. This
person consolidates historical and evidentiary
data related to the charges against the student
or student organization for the purposes of a
hearing committee. This person presents this
information to the committee for their review,
and also suggests possible sanctions based upon
the severity of the alleged infraction, disciplinary
history of the charged student or student organization,
and historical precedent.
Advisor - Each student
or student organization will be afforded the
opportunity to have a faculty or staff advisor
present at a hearing either with an examiner
or committee. The advisor role is to help the
student or student organization understand the
responsibilities and rights afforded by the Code
of Conduct process, and to encourage honest and
forthright engagement in the process and between
Hearing Examiner/Hearing Committee and the student
or student organization. The advisor's role during
the actual hearing is limited in scope and should
reflect a supportive stance of both the student
and the University.
Faculty, staff, and students who are asked to
be involved in the Code of Conduct process should
avoid roles that create a conflict of interest,
for example, close friend of charged student,
current professor for charged student, or advisor
to student organization etc).
What Does a Charge Letter Mean?
After an incident form is received, a charge letter is sent to the student(s)
or student organization(s) involved in the incident. The charge letter indicates
what charges are being brought against the student(s) or student organization,
and the time and date of the judicial hearing. There is also an overview
of the rights which will be accorded to every participant in the judicial
process.
What Are Your Rights?
Charged students (and their organizations) have several rights. Your case will
be judged solely on the information presented in the hearing. A complete
listing of your rights may be found in the Student Handbook and on the Safeguards
and Procedures form.
What Is A Judicial Hearing Like?
Many students have erroneous conceptions about what happens in a judicial hearing.
At Rockhurst University, hearings are primarily a forum for the fair presentation
of various points of view concerning a specific incident. There are a couple
of different types of hearings a student could be involved with. The first
and most used hearing format is an individual hearing. This hearing will
take place most likely in a Resident Director's office and it will be you
and a hearing examiner. The first thing you will be asked is if you have
any questions about your student rights or the judicial process. After all
of your questions are answered you and the hearing examiner will talk about
the facts of the incident. Students have the opportunity to agree to do a
mutual consent, meaning that they admit that they are responsible for the
charge. At the point the student and the Hearing examiner decide on what
are the appropriate sanctions. Using Mutual consent allows the student to
be very involved what are helping sanctions and when sanctions will be due.
If a student does not accept responsibility the Hearing Examiner can do one
of two things. He or she can decide that there is enough information to determine
responsibility or they can decide that the case should be heard by a Hearing
Committee . Lastly, the Hearing examiner could also determine that the student
is not responsible and rescind the charge. |
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What is a Hearing committee?
First,
the hearing agenda is reviewed and your rights
will be discussed with you. You will have the
opportunity to enter a plea to each charge that
has been brought against you. After making a
plea, the referral agent and then the charged
student(s) are asked to comment on what they
remember about the incident. Witnesses are asked
to make statements individually. They are not
present for the entire hearing. The hearing officer
or members of the judicial committee may ask
questions of those who have made statements.
Finally, the referral agent and the charged student(s)
may make summary comments if they wish to do
so; they are not required. The referral agent
leaves at this point, as their role in the hearing
is complete. The charged student may be asked
to leave the room at this point while the hearing
officer or members of the judicial committee
determine responsibility. Decisions regarding
responsibility are made in private. Sometimes
a decision may not be determined immediately
in order to further review evidence. If the accused
is found responsible, an appropriate sanction
will be determined. Charged students are notified
in writing of the outcome of their case, and
in some cases may be asked to schedule a post-hearing
conference to discuss the outcome and sanction(s)
with the hearing officer.
Can I Bring An Advisor & How
Can They Support Me?
Yes. Students are allowed to bring a faculty or staff
member to assist them through the judicial process.
If you have chosen to bring an advisor, you must remember
that this individual is there to assist you.
An advisor may not participate in the hearing
directly. He or she may not question any witness. The
role of the advisor (PDF, 25 kb)is limited to conferring
with their advisee.
What gives the University the right to enforce
university rules off-campus?
Rockhurst has always had the right to enforce rules off-campus, we just do
not always do so. You are a Rockhurst student regardless of whether the alleged
misconduct takes place on the campus, across the street from campus, or across
town. Rockhurst is particularly concerned about high-risk drinking and drug
use by students due to the threat these behaviors pose to student health, safety,
and academic success.
What happens after the Incident report is written?
A hearing examiner will review the Incident. You will receive a letter telling
you when and where your judicial hearing will take place. At the hearing, you
will be able to tell your version of the alleged events and learn the outcome
of the case. If you choose to appeal, you have 3 business days to file your
paperwork with the Assistant Dean of Students.
Will witnesses help my case?
Witnesses that can speak to the alleged events in question
may help your case. Students are allowed to have one
character witness at a Committee Hearing as well as
witnesses that you feel can give relevant information
about the incident. All witnesses should be noted on
the witness information form and turned into the Assistant
Dean of Students two days before the hearing. Relevant
Link: Witness
Information |
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What's the likely sanction?
We can't answer that. Rockhurst strives to give appropriate and consistent
sanctions, but since cases might include different circumstances it
is difficult to give definite sanctions. Information about drug and
alcohol violations can be found in Fitting
it All Together* (164K, PDF
file)
So, how many chances do I get?
The Student Code of Conduct is cumulative over the entire time you are
at Rockhurst. You can be suspended on the first offense for certain offenses,
e.g. drug law violations, sexual misconduct and reckless use of a weapon.
For other violations, if you continue to demonstrate a willful disregard
for the student conduct rules, you will eventually be asked to leave
after being given ample opportunity to demonstrate change. Our goal is
that you are given the opportunity to learn from past mistakes and become
a successful graduate of Rockhurst University.
Will my parents
find out?
In most cases, NO. If you are a student over the age
of 18 you have certain privacy rights under the Buckley
Act or FERPA. Parents of students under age 21 may be
notified in writing if their son or daughter is found
responsible for a violation of the alcoholic or drug
Policy according to the Parental
Notification Process (23k, PDF file).
If you would like us to have the ability to speak with
your parents you must sign a FERPA waiver. It is recommended
that students inform their parents of all incidents
that result in judicial sanctions. Keeping this type
of information from parents can make matters worse if
additional violations occur.
Relevant Link: Download and print* FERPA
Waiver (65K, PDF file).
Who Is the Hearing Examiner?
The Hearing Examiner is the Assistant Dean of Student or designee. Primarily
for misconduct occurring in a residential facility a Resident Director
will be the hearing examiner. For off campus misconduct, general campus
misconduct, or for more severe misconduct either the Assistant Dean of
Students of their designee will be the hearing examiner or. These individuals
are specially trained in the Student Code of Conduct and have a good
working knowledge of University policy and current judicial precedent.
Who Are The Hearing Committee Members?
The Hearing Committee is made up of one student, one staff, and one faculty
member. All committee members are trained on the Student Code of Conduct
and student rights. |
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How Should I Plead?
As the charged student, you may plead, "responsible", or "not
responsible." You should know better than anyone which plea is most appropriate.
However, if there is a question in your mind as to whether you are "responsible" or "not
responsible" you should probably plead "not responsible" and
allow the hearing body to decide on your involvement.
What About Witnesses?
You are encouraged to bring witnesses who have relevant information to the
committee hearing. Remember, too, that numbers are not important. A group
of witnesses saying about the same thing may only add confusion. Witnesses
appearing on your behalf will NOT be summoned for you. It is YOUR responsibility
to make sure your witnesses are present and on time. They will be allowed
to make their statements at the appropriate time and then be dismissed.
Relevant Links: Witness
Information
What Kind Of Sanction Am I Going To Receive
If I Am Found Responsible?
There is no way to make specific comments about sanctions except to say that
each case is heard on its own merit. Sanctions will follow current case precedent
but individual circumstances are taken into account. Sanctions are designed
to alter behavior and to make statements about the University's expectations
for student conduct. Even sanctions such as suspension are intended to help
students learn from their actions and understand how unacceptable behaviors
impact others. You should be aware that some violations of university policy
may result in suspension or dismissal from the University for a first offense.
Relevant Links: Possible
Sanctions
What
Is An "Educational Sanction"?
An educational sanction is a constructive activity assigned to you as a judicial
sanction. It is usually designed to enhance your ability to learn from the
judicial experience. In some instances, the educational experience may relate
directly to the nature of the offense. In other instances, it may not. reflection
paper on what they have learned The educational sanction is intended to promote
thinking and learning that will lead to responsible decision making in the
future.
Relevant Links: Education
Sanction Information
When and how can I Appeal A Decision?
An intent to appeal the decision of either the Hearing Examiner or Committee
must be filed in writing to the Associate Vice President for Student Development
in the Office of Student Development (Massman 1) within three (3) business
days of receipt of the written decision (or attempt to deliver). The intent
to appeal must specify the basis on which the student is appealing, the decision
or part of the decision including sanctions that the student is appealing,
and the facts in support of the appeal. |
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An appeal is not a rehearing and is not granted
on the basis of disagreement with the original
decision. Acceptable basis for an appeal is limited
to the following:
a. There was a denial of a fair hearing;
b. There
is new and additional evidence not available
at the time of the hearing;
There was insufficient evidence to establish
the student's misconduct or responsibility for
the misconduct;
The decision was arbitrary and capricious.
An appeal may result in one of the following
actions:
a. Leaving the original sanction intact.
b. Reversal
of the original decision or sanction(s);
c. Modification
of the sanction(s), including changes that could
result in either a reduction or increase in sanctions,
appropriate to the misconduct or based on new
information considered during appeal (see section
3.b. above).
What Sort Of Judicial Records Are Maintained On
My Case?
Records on all judicial proceedings involving students
are maintained in the Office of Residence Life for a
minimum of five years from the date of graduation. Records
for who are suspended or expelled are maintained indefinitely.
Who Has Access To My Judicial Record?
A student's judicial file is kept for internal record-keeping purposes and
to provide some insight into a student's past behavior if additional problems
arise. Past decisions that resulted in a finding of responsibility will be
considered in subsequent hearings only after a student is found responsible
when sanctions are being determined. These records are released to no one
other than university officials at Rockhurst who have a legitimate need to
know and others as permitted by law. Students with judicial records must
sign a consent form before this information can be released to other individuals.
HOWEVER, under the recent amendments to FERPA (Family Educational Rights
and Privacy Act of 1974) , parents of students under age 21 may be notified
in writing if their son or daughter is found responsible for a violation
of the alcoholic beverage. It is recommended that students inform their parents
of all incidents that result in judicial sanctions. Keeping this type of
information from parents can make matters worse if additional violations
occur.
What Should I Do If I Have Problems Or I Can't
Make A Hearing?
If you have a problem making your scheduled judicial hearing, you should contact
your hearing officer that sent you the charge letter AS SOON AS POSSIBLE. Their
contact information is on the bottom of the charge letter. You should be aware
that HEARINGS MAY PROCEED WITHOUT YOU if notice of your absence is not given
in advance. We will attempt to reschedule your hearing once before the hearing
is heard in your absence.
Where do I go if I need more information
about the Student Code of Conduct?
Students needing more information should go to
Massman 2. There are a number of information pieces
that you can pick up. Or if you would like to talk
to someone in person contact Kim Bear, The Assistant
Dean of Students at x4843 or kim.bear@rockhurst.edu.
What Is the order for Committee Hearings?
The Committee Hearing will follow the outlined procedure of:
Call to order and Introductory comments
Opening
statements
Presentation of Information including
witnesses
Closing Statements
Private Deliberation
Notification of decision
Relevant Link: Download and print* Hearing
Committee Safeguards and procedures form (265K,
PDF file).
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How am I expected to behave in this
community?
If you behave in a manner that encompasses common
sense, fairness, honesty, and civility, then
you will likely do well. But becoming informed
will clarify the details. An outline of our community
standards can be found in the Student Conduct
Code found in your Student Planner. A copy may
be obtained on the Rockhurst web site or in Massman
1.
I don't plan to get into trouble; why
should I read any further?
Few students purposely set out to violate the
Student Conduct Code, but some find that a poor
choice has consequences which they had not anticipated.
It is important to know what the University policies
are as well as what your student's rights are.
Misconduct will not be excused because "you didn't
know". It is your responsibility to know the
rules and polices that govern the Rockhurst Community.
What is an Incident Report?
It is a written document, generated by a member
of the University community, who has witnessed
or become aware of a possible violation of the
Student Conduct Code. Students are members of
the University community and may come to the
Office of Residence Life to complete a report.
If I'm charged, does that mean that
I'll be kicked out of school?
Only a few violations are serious enough to
result in suspension or dismissal. Our discipline
system is based on an educational model; therefore
the majority of sanctions are structured to be
learning experiences. Ideally you will reflect
on what happened and make better choices in the
future.
Who are the people being "cc"ed
on my Summary Letter?
They are members of the University community
with a legitimate need to know the outcome of
a specific case. For example, if the person lives
on campus, it would include her/his Resident
Director. It might also include athletic coaches
if deemed necessary. |
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What is a sanction?
It represents the consequences of violating
the Student Conduct Code. Sanctions may affect
one's status (being placed on probation or suspension);
privileges (having guests), finances (being required
to make restitution for property damages or losing
institutional financial aid); and allocation
of time (being required to attend substance abuse,
anger management, or study skills workshops).
In most cases, a combination of sanctions is
utilized to meet the needs of the individual
within the community.
Could a potential employer ask me to
sign a waiver to see my record?
Yes. It is common to do a background check for
applicants seeking a position working with children
(such as education), in the field of law enforcement
or in the government.
How do I go about seeing my record?
Contact the Office of Residence Life at x4663.
Students are allowed to request their records.
Students are not allowed to leave the Office
of Residence Life with their record.
If an incident is being handled in the
courts, may the University also take action?
Yes.
Students sometimes find their conduct reviewed
by two or more authorities. This is not "double
jeopardy", which is a legal concept regarding
being tried twice in a criminal court. The university's
discipline process focuses solely on determining
if a person should remain as a member of our
academic community and, if so, under what conditions.
How do I prepare for the meeting?
Write a description of the incident in which you were said to have been involved,
including: Date and time, location, others involved or witnesses, other details
that may indicate whether or not you were responsible, and whether or not
alcohol or other substances were involved. It is sometimes helpful to think
through the incident and gather all of your thoughts before you enter into
a hearing. Relevant link: Preparing for a hearing
What should I wear to my hearing?
If you have class on the day of your hearing,
you can wear whatever you wore to class. The appearance
you present is entirely up to you. You should be
comfortable and in appropriate attire to meet with
a University administrator. Rolling out of bed
in your pajamas might not be appropriate. |
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Can I bring a lawyer?
You can only have a faculty or staff advisor present at any judicial hearing.
No lawyers or parents are allowed in judicial hearings.
What are the differences between Conduct
and Disciplinary probation?
Conduct probation means that you are in good
standing with the University. You are still allowed
to participate fully in all student organizations
and you are still allowed to apply for student
leadership positions. Students are placed on
Disciplinary probation when they engage in serious
or repetitive conduct violations. Students on
Disciplinary probation have a minimum of 50%
of their institutional financial aid removed
for the subsequent semesters of their probation
(students will not have aid removed for the semester
that that they are sanctioned), they cannot apply
for student leadership positions, they most likely
will be removed from any student organization
leadership position, and they cannot live in
our Townhouse Village.
What happens if I don't complete a condition
of my sanction
Failure to complete a condition of a sanction may result
in an administrative block being placed on your student
record. It may also result in additional Student code
of Conduct violations (failure to comply) or fines accessed
to your student account. It might also result in an
extension of a current probation or you might be placed
on probation.
What happens if I get in trouble again?
It depends. It will depend on what your previous violation(s) were, your previous
outcomes (decision) and if you are currently on conduct or disciplinary probation.
If you have completed any conditions associated with your previous sanction,
and you are currently in good standing, your previous history may not matter.
However, if you are on probation there might be cause for additional sanctions.
Further, any evidence that your violations indicate a "pattern of behavior" may
result in harsher sanctions.
How will this process affect my status
as an athlete? Will my coach be notified?
It depends. The decision to notify a coach is at the discretion of the Assistant
Dean of Students. Further, the need to notify them may be impacted by the decision
to place a student on disciplinary probation and remove them from the athletic
team. |
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