Student Code of Conduct

Table of Contents

The educational process is ideally conducted in an environment that encourages reasoned discourse, intellectual honesty, openness to constructive change, and respect for the rights of all individuals. The Student Code of Conduct is designed for the promotion and protection of such an environment at the University of New Haven. 

II. Charger Compact

As a University community, there are values and expectations that we all share which provide the framework for how we interact as individual members of the community and speak to who we are and what we stand for as a community. 

As a Member of the University of New Haven Community: 

1. I will strive for academic excellence. Striving for academic excellence means developing ways to motivate myself to reach my full academic potential, taking full advantage of University resources, and seeking experiential education opportunities to maximize my learning. 

2. I will assume responsibility for my words, actions, and inaction. Assuming responsibility for my words, actions and inactions means considering consequences before acting, resolving issues in a non-violent manner, holding myself and others accountable for choices made and reflecting on my mistakes. 

3. I will respect the dignity, rights, and property of all persons. Respecting the dignity, rights and property of all persons means ensuring that my actions reflect an appreciation for the uniqueness of all community members as well as a respect for individual and community property. 

4. I will strive to appreciate, respect, and learn from others whose experiences and opinions are different from mine. Striving to appreciate and learn from others whose experiences and opinions are different from mine means actively seeking opportunities to exchange ideas and personal histories with others. 

5. I will conduct my academic and personal life with integrity. Conducting my academic and personal life with integrity means authentically representing myself through my words and actions. 

6. I will strive to contribute positively to the campus, local and global communities. Striving to contribute positively to the campus, local and global community means committing to being a proactive contributor whose community engagement reflects the goal of creating a better present and future for all. 

III. Philosophy

The University embraces the philosophy that personal and academic freedom must be preserved and recognizes that the exercise of individual rights must be accompanied by an equal responsibility to assure that the same rights are not denied to others. By accepting membership in the University community, a student acquires the rights as well as the responsibilities of that community. 

The University's approach to student discipline is an educative and proactive one, to ensure the safety and security of all University community members. Discipline is the concern of the entire University community: student body, faculty, administration, and staff. Acting in the belief that representative student groups should share responsibility with other University personnel for administering campus policies and regulations, the University allows provisions in its disciplinary process for student involvement in the resolution of student conduct matters. 

IV. Authority

University students are recognized as being both citizens in the larger community and members of an academic community. In their roles as citizens, students are free to exercise their fundamental constitutional rights. Rights and responsibilities under local, state, and federal laws are neither abridged nor extended by status as a student at the University of New Haven. However, as members of the academic community, students are expected to fulfill all responsibilities which accompany their membership. When the educational purpose of the institution is affected by the conduct of students, the University must exercise its disciplinary responsibilities in accordance with the authority of the Board of Governors of the University of New Haven and local, state, and federal laws. 

The administration of discipline for all students at the University is under the leadership of the Dean of Students or an appointed designee, who shall: 

1. Determine the composition of Student Conduct Boards and Appeals Review Boards. 

2. Determine whether the Student Conduct Board or Appeals Review Board should review cases. 

3. Develop policies for the administration of the student conduct system and procedural rules for Student Conduct Board Hearings and Appeal Review Board proceedings that are consistent with provisions outlined in the Student Code of Conduct. 

Decisions made by the Student Conduct Board and/or Student Conduct Administrator shall be final, pending the appeal process. In the case of an appeal, the decision of the Appeals Review Board shall be final. 

V. Jurisdiction

The University of New Haven Student Code of Conduct shall apply to conduct that occurs on University premises, at University-sponsored activities, online, and off-campus. Each student shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree, including without limitation conduct that may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment, and conduct that is not discovered until after a degree is awarded. The Student Code of Conduct shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. 

When students are alleged to have violated a law of the local community, state, or nation, the University will not request special consideration for those individuals because of their status as members of the University community. The office of the Dean of Students is available to inform students of sources of legal and other appropriate assistance. It should be noted that unlawful acts, civil or criminal, committed off or on campus are inconsistent with University standards and educational goals. 

Students who are alleged to have committed, or have been convicted of committing, such acts may be subject to suspension, dismissal, and/or other sanctions at the discretion of the Dean of Students or designee. In the case of serious circumstances, when it has been determined that a clear and present danger to the University community exists, a decision may be made by the University without a hearing. There will be no appeal for this decision. 

Students are responsible for the actions of their guests at all times, including at University-sponsored events on and off campus. 

Prosecution of a student by federal, state, or local authorities will not preclude disciplinary action by the University. University disciplinary proceedings may be instituted against a student charged with violation of a law, which is also a violation of the Code of Conduct. Certain proceedings under this Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus, even if the student is cleared of such charges. 

Effective with its publication, the material contained in this document shall serve as the official description of the student disciplinary system for the University of New Haven. 

References to this disciplinary system contained in such other publications as the catalog, the Residential Life section of the Student Handbook, and the Housing Agreement shall be derived solely from this source. 

In case of any conflicts or inconsistencies with any other rules, regulations, policies, and directives now existing, this Code of Conduct shall govern and shall be enforced by the University. The most current copy of University regulations will be found on the University's website. 

VI. Definitions

The following selected terms are defined to assist in the interpretation and understanding of the University's Student Code of Conduct. This list is not intended to be a complete list of terms referenced in the Student Code of Conduct that might require interpretation or clarification. The Dean of Students or designee shall make the final determination on the definition of any terms found in the Student Code of Conduct. 

• "University" refers to the University of New Haven and all related campuses including all land, buildings, facilities, and other property owned, used, leased, or under the control of the University. 
• "Student" means all persons taking courses through the University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies, and any online courses. Graduate students who serve as assistants or otherwise, and all other students employed part-time, are classified as students rather than as faculty or other University employees for the purposes of the Student Code of Conduct. The University/College retains conduct jurisdiction over students who choose to take a leave of absence, withdraw, or have graduated for any misconduct that occurred prior to the leave, withdrawal, or graduation. If sanctioned, a hold may be placed on the student's ability to re-enroll [and/or obtain official transcripts and/or graduate] and all sanctions must be satisfied prior to re-enrollment eligibility. A person shall be considered a student during the period while the student is under suspension from the institution. The Student Code of Conduct applies at all locations where the University offers its educational programs. 
• "Faculty Member" means any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty. 
• "University Official" includes any person employed or retained by the University and performing assigned administrative or professional responsibilities. 
• "Member of the University community" refers to any person who is a student, faculty member, University official or any other person employed or retained by the University. The Dean of Students or designee shall provide the final determination of a person's affiliation with the University. 
• "University Premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University, including but not limited to off-campus facilities and adjacent streets and sidewalks 
• "University Property" refers to all real and personal property owned or used by the University, including and without limitation to all such property in the possession of or subject to the control of the University. 
• "Group" refers to three (3) or more individuals who are associated with each other and who have not complied with University requirements for registration as an organization. 
• "Recognized Student Organization" means a group or association of students, which has complied with the requirements of recognition as enumerated by the Center for Student Engagement, Leadership, and Orientation. 
• "University-Sponsored Activity" means any activity, on or off campus, which is initiated, aided, authorized, participated in, or supervised by the University.  
• "Student Conduct Board" refers to person or persons authorized by the Dean of Students or designee to serve on the Board to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a rules violation has been committed. 
• "Student Conduct Administrator" means a University official authorized by the Dean of Students or designee to impose sanctions upon students found to have violated the Student Code of Conduct. The Dean may authorize a Student Conduct Administrator to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Board. The Dean may authorize the same Student Conduct Administrator to impose sanctions in all cases. 
• "Appeals Review Board" refers to any person or persons authorized by the Dean of Students or designee to consider an appeal from a student conduct determination as to whether a student has violated the Student Code of Conduct or from the sanctions imposed by the Student Conduct Administrator. 
• "Shall" is used in the imperative sense. 
• "May" is used in the permissive sense. 
• "Dean of Students" refers to any person designated by the University President to be responsible for the administration of the Student Code of Conduct. 
• "Policy" means the written regulations of the University as found in, but not limited to, the Student Code of Conduct, Student Handbook, University web page and computer use policy, and Graduate/Undergraduate Catalogs. 
• "Complainant" means any person who submits a charge alleging that a student violated this Student Code of Conduct. When a student believes that they have been a victim of another student's misconduct, the student who believes they have been a victim will have the same rights under this Code as are provided to the Complainant, even if another member of the University community submitted the charge itself. 
• "Respondent" means any student accused of violating this Student Code of Conduct. 
• "Witness" refers to any person, any individual who has direct knowledge of an incident. Character witnesses are not part of the Student Conduct process.

VII. Proscribed Conduct

Behavioral Standards 

Students are required to engage in responsible social conduct that reflects credit upon the University community and to model good citizenship in any community. Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article VIII. Students who witness violations of University policy or procedures that are potentially harmful to the safety and well-being of other students may be charged with a violation or violations if they fail to remove themselves from such situations and/or report the incident to proper authorities. The following are examples of misconduct but are not intended to be an exhaustive listing: 

1. Violation of the University's Academic Misconduct Policy & Procedures . 
   • a. Cheating: Using or attempting to use unauthorized materials, information, or study aids in any academic exercise. 
   • b. Unauthorized Collaboration/Collusion: In some instances, instructors may indicate permitted forms of collaboration with other students. If the instructor does not indicate that collaboration is permitted, it should be understood that none is permitted. 
   • c. Plagiarism: Representing the words or ideas of another as one's own in any academic exercise or resubmitting one's own work under false pretenses. 
   • d. Fabrication: Unauthorized falsification or invention of any information or citation in an academic exercise 
   • e. Facilitating Academic Dishonesty: Knowingly helping or attempting to help another to violate any provision of this Policy, or otherwise facilitating academic dishonesty. 
2. Actual or threatened abuse, physical assault, injury to persons, or damage to property. 
3. Violation of the Sexual Harassment & Misconduct Policy. 
4. Harassment is the severe or repeated use by one or more students of a written, verbal, or electronic expression, or a physical act or gesture, or any combination thereof, directed at another individual that has the effect of:  
   • a. Causing physical or emotional harm to the individual or damage to the individual's property; and/or  
   • b. Placing the individual in reasonable fear of harm to the individual and/or the individual's property; and/or  
   • d. Infringing on the rights of other University community members to fully participate in the programs, activities, and mission of the University. 
   • e. Harassment or intimidation of persons involved in a University disciplinary hearing or of persons in authority who are in the process of discharging their responsibilities. 
   • f. In determining whether an act constitutes harassment, the Student Conduct Administrator will consider the full context of the conduct, giving due consideration to the protection of University climate, individual rights, freedom of speech, academic freedom, and advocacy. Not every act that might be offensive to an individual or a group constitutes harassment and/or a violation of the Student Code of Conduct. 
5. Violation of the University's Hazing Policy .  
6. Detaining anyone on University property in a room, building, or other area by force, threat, or intimidation or in any other way restricting their freedom of movement. 
7. Disorderly conduct including behavior that causes inconvenience, annoyance, or alarm, and/or any action which can reasonably be expected to disturb academic pursuits or to interfere with or infringe upon the privacy, rights, health, or safety of the University community. 
8. Improper use of any electronic devices that causes disruption in the classroom, library, or any University-owned or University-operated facilities. 
9. Disruption or obstruction of the teaching, research, or administrative functions, of the University. 
10. Violation of the Substance Use Policy ; 
    • No person under the age of 21 can possess, use, or be in the presence of alcoholic beverages. The sale, delivery, or service to individuals under the age of 21 is prohibited by the University and Connecticut state law. 
    • The presence, possession, or use of common source containers of alcoholic beverages (including but not limited to kegs, beer balls, other bulk containers requiring a tapping device or spigot, punch bowls, trash cans, or other containers used as punch bowls) by individuals or groups is prohibited. This includes common source containers at tailgate events on campus; 
    • The consumption of alcohol or possession of an open container (i.e., bottles, cans, cups, squeeze bottles, etc.) is not permitted on University grounds and in public areas such as hallways, lobbies, stairwells, elevators, common areas, etc. with the exception of approved University sponsored events on campus. A closed container is defined as having the manufacturing seal intact; 
    • The use or possession of alcohol stronger than 80 proof is prohibited; 
    • Operation of a motor vehicle while under the influence of alcohol is prohibited and subject to University and civil action 
    • The manufacture, distribution, possession, presence, sale, or misuse of any narcotic, cannabis, or controlled substance, including prescription drugs, is a violation of University regulations; 
11. Violation of published University Policies , rules, or regulations, including but not limited to policies published in the Student Handbook and on the MyCharger student portal. 
12. Behaviors or activities that are reasonably deemed to endanger and/or jeopardize the health, safety and/or well-being of self or others 
13. Violation of fire, health, and safety regulations. This includes, but is not limited to, failure to comply with administrative building or residence hall evacuation procedures, tampering with fire protection apparatus, causing false fire alarms, arson, and unauthorized possession and/or use of prohibited items. 
14. False reporting of emergency. This includes but is not limited to the false reporting of a bomb, fire, or other emergency in any building, structure, or facility by means of activating a fire alarm or emergency telephone or in any other manner. 
15. Destruction, vandalism, abuse, misuse, of other's personal property including University property or facilities. 
16. Theft includes, but is not limited to, attempted or actual theft of personal or University property, including goods, services and other valuables. 
17. Unauthorized entry and/or presence in any University-owned building, facility, or property. This includes, but is not limited to, the unauthorized possession, duplication, or misuse of keys/cards to any University premises. 
18. Falsification, forgery, misuse, or modification of any University document, record, account, or instrument of identification. This includes, but is not limited to, transcripts, medical records, registration materials, withdrawal forms, grade reports, identification cards, timecards, absence excuses, applications, contracts, and agreements. It also includes furnishing false information to a University official, office, or disciplinary body. 
19. Violation of local, state, or federal laws as stated in Article IV. 
20. Interference or failure to comply with firefighters, police officers, student patrol, residential life staff, or other University employees engaged in the performance of their official duties.  
21. Abuse of the disciplinary system, including but not limited to: 
    • a. Falsification, distortion, or misrepresentation of information before a Student Conduct Board; 
    • b. Interruption of a disciplinary proceeding knowingly without cause; 
    • c. Attempting to discourage an individual's proper participation in, or use of, the disciplinary system; 
    • d. Attempting to influence the impartiality of a member of a Student Conduct Board prior to and/or during the course of a disciplinary proceeding; 
    • e. Influencing or attempting to influence another person to commit an abuse of the disciplinary system; 
    • f. Failure to comply with sanction(s) imposed under the Student Code of Conduct. 
22. Assisting and/or permitting another student or group to commit a violation of the Student Code of Conduct. Students who are present and/or witness violations of the Student Code of Conduct may be held responsible, even if they are not directly involved in the violation itself, when they could reasonably remove themselves and/or report the situation. 
23. Unauthorized use of the name or insignia of the University of New Haven. 
24. Holding a raffle or lottery on campus property without proper University and other approval. 
25. Violation of the University policy on solicitation or sale of material on campus. 
26. Possession of any animal on University property, including residence halls, is prohibited. Exceptions include service animals as defined by the Americans with Disabilities Act Amendments Act, approved University Police k9 animals, animals involved in approved research studies, pet fish in accordance with Residential Life policy, or University approved emotional support animals. 
27. Retaliation against any University community member attempting to engage in an otherwise protected activity. Protected activity includes, but is not limited to, the following:  
    • a. Full participation in the student conduct process, including reporting an incident that may implicate University policy, assisting in providing information relevant to the student conduct process, and/or acting in good faith to oppose conduct that constitutes a violation of University Policy. 
    • b. The filing of or the participation in the review of a complaint related to the University Policy, whether or not such complaint is determined to be valid.  

VIII. Student Conduct Procedures

A. Allegations & Complaints 

1. A complaint regarding an alleged violation of the Student Code of Conduct may be brought by any member of the University community or by a University official on behalf of the University.  
2. Complaints must be prepared in writing and contain the following: 
   • Name(s) of the individual(s) involved, 
   • Alleged misconduct/behavior, and, 
   • Specific date(s), time(s), and location(s) of the alleged incident(s). 
3. Complaints cannot be anonymous and must include the name(s), current contact information, and a local address of the individual(s) filing the complaint.  
4. Complaints should be submitted as soon as possible after the event takes place, preferably within 14 days, but generally must be filed no later than 90 days from the date of the incident to one of the following offices: Dean of Students, Residential Life, or University Police. Alleged violations of the Sexual Harassment & Misconduct Policy may be reported at any time and should comply with the grievance procedures within that policy.  

Student Rights

The Respondent(s), shall each have the right to: 

• Review the report and other relevant information with their Hearing Officer 
• Be accompanied by an advisor during the portions of the hearing where the student is participating. An Advisor must be a member of the University community, including but not limited to fellow students, faculty, or staff, who is not a lawyer or attorney. Advisors will not be appointed and will only be assigned to a party upon their request. 
• Respond to statements and other information presented at the hearing.  
• Request a delay of hearing due to extenuating circumstances. The decision to grant or deny any such request is at the discretion of the Dean of Students or designee. 
• Be notified of the information to be presented and to know the identity of witnesses who have been called by the hearing body to speak at a Student Conduct Board Hearing. 
• Propose witnesses for the hearing in accordance with procedures 

B. Informal Administrative Hearing & Investigation Procedures 

A University Hearing Officer will meet one-on-one with all respondents, and in some instances complainants and witnesses, to review matters involving alleged misconduct. 

Notice of Informal Administrative Hearing 

1. The Hearing Officer will provide the respondent with written notice of the charge(s) and a summary of the alleged behavior. 
2. The Respondent will be given a minimum of 48 hours from receipt of the written notice of charges to request a rescheduling of the hearing. Failure to attend the hearing will result in a decision being rendered in the matter, without the benefit of the student's input. Student conduct communication is sent through the University of New Haven student email system. Students are responsible for checking their email regularly and are responsible for the content of these communications. 

Informal Hearing Procedures

1. A fair and impartial investigation will be conducted by the Hearing officer(s). The Respondent and the reporting party, if applicable, may provide information in person and/or in writing to the Hearing Officer(s) such as names of relevant witnesses, witness statements and any documentation that may be relevant to the facts of the incident. The Hearing Officer will make reasonable efforts to obtain supporting documentation regarding the incident from other University entities or other resources.  
2. At the meeting, the Respondent(s) will have an opportunity to be heard and share their perspective  
3. of the alleged misconduct. At this time, the Hearing Officer will review available documentation/ 
4. evidence, including police reports, which are pertinent to the student conduct matter with the student.  
5. After reviewing and analyzing all available relevant information, the Hearing Officer will make a determination on responsibility for violation(s) of the Student Code of Conduct by applying a preponderance of the evidence standard. Hearing Officers may delay a decision if they are actively attempting to obtain information regarding the incident(s).  
6. If the Respondent is found responsible, the hearing officer may impose a disciplinary status (i.e., warning, probation, suspension, or expulsion) and/or administrative or educational sanction(s). When determining an appropriate outcome, the hearing officer will consider the nature of the incident and violation, prior disciplinary findings and outcomes, and any other relevant mitigating and/or aggravating factors.  
7. Findings resulting in a "warning" disciplinary status will not be referred to the Student Conduct Board, unless granted by the Dean of Students or designee. Students will maintain all appeal rights regardless of disciplinary status.  

C. Student Conduct Board Hearings 

Student Conduct Board Quorum

The Student Conduct Board reviews cases that have resulted in, or could result in, a disciplinary status of Probation or higher. Members of the Student Conduct Board determine responsibility based on the preponderance of the evidence standard. For cases that result in a finding of responsibility, the Student Conduct Board will recommend sanctions. Sanctions can either be approved or modified by the Dean of Students or designee. 

The Student Conduct Board consists of faculty, staff, and students. The Board has a maximum of five participating members and must always maintain a student majority.The minimum quorum required to hold a hearing is three members.The Student Conduct Board may appoint a student member to serve as chairperson during the hearing proceedings if appropriate. 

Notice of Hearing

1. Involved parties will be notified of the hearing no less than five (5) days and no more than fifteen (15) days prior to the scheduled hearing.  
2. The Respondent(s) and the Reporting Party, if applicable, will receive written notification of the charges, time, and location of hearing, and participating Student Conduct Board members. All student conduct communication will be sent through the University of New Haven student email systems. Students are responsible for regularly checking their email and understanding the contents of the email. 

Requests to postpone the Student Conduct Board Hearing must be made at least 48 hours in advance of the scheduled hearing date. The decision to grant or deny any such request is at the discretion of the Dean of Students or designee.  

Student Conduct Board Hearing Procedures

1. Formal rules of process, procedure, and/or technical rules of evidence, that are applied in criminal or civil court, are not used in these proceedings. 
2. A hearing shall be conducted in private.  
3. Admission of any person into the hearing proceedings shall be at the discretion of the hearing body, the Student Conduct Board. The hearing body shall have the authority to discharge or to remove any person whose presence is deemed unnecessary or disruptive to proceedings. 
4. When a hearing involves more than one respondent, the Dean of Students or designee, at their discretion, may permit the Student Conduct Board Hearing regarding each student to be conducted either separately or jointly.  
5. If a Respondent and/or Witness, after receiving notification, does not appear for a hearing, the hearing will proceed without the student(s).  
6. Except as directed by the hearing body, the Advisor's role in a hearing shall be limited to that of a consultant to the respondent. Communication between the advisor and student should not disturb hearing proceedings. 
7. The identity of any witnesses, along with a summary of information expected to be provided by the witness, must be provided to the hearing body at least two business days before the hearing. The hearing body may elect not to permit one or more witnesses to participate in the hearing if the information they are expected to provide is not relevant to any material issue; is deemed unnecessarily redundant of information already in the record; and/or they were interviewed in connection with the investigation and the information they are expected to provide is already captured in the investigation report. The party proposing a Witness is responsible for any communication with the witness regarding attendance at the hearing. University community members who serve as witnesses may receive official communication via University email and are responsible for regularly checking and understanding the contents of the email. The hearing body may request the attendance of witnesses not proposed by the parties. The hearing body cannot compel the attendance of witnesses at the hearing. Witness participation is limited, and witnesses will only be permitted to participate in designated portions of the hearing proceedings. 
8. The Respondent, Hearing Officer, and any Witnesses will provide information to and answer questions from the hearing body. Questions will be directed to the Student Conduct Board Chair, and in conjunction with the Student Conduct Administrator, will determine whether the question is permissible. This method is used to preserve the educational tone of the hearing and to avoid the creation of an adversarial environment. The Chair and/or Student Conduct Administrator will make the final determination regarding the relevancy and appropriateness of a question. 
9. Pertinent records, written statements, and information such as recordings, images, and other relevant documents should be provided during the investigation stage of the process. Any additional information may be accepted for consideration by the hearing body at its discretion if such information was provided in accordance with the Student Code of Conduct. Information presented by a student during a hearing that indicates a potential violation of the Student Code of Conduct may be investigated at a future time.  
10. The hearing body will review the final investigation report to determine whether: the investigation was conducted in a fair, impartial, and reliable manner; the information is sufficient to support the factual findings; and there is a rational basis, applying a preponderance of the evidence standard for the recommended findings regarding a potential violation of the Student Code of Conduct. In conducting this hearing, the hearing body may accept or reject the investigating Hearing Officer's findings in whole or in part. 
11. When a student Respondent has been found responsible for violating the Student Code of Conduct, the hearing body shall review the student conduct history, hear impact statements by the Respondent, Complainant (if applicable), and recommend appropriate sanction(s). Character references and/or letters of support are not accepted. 
12. Following the hearing, the hearing body shall provide a recommendation to the Dean of Students or designee in writing, of its determination and of the sanction(s) imposed, if any. The Respondent(s) will receive a final determination in writing from the Student Conduct Administrator within five (5) business days of the conclusion of the hearing.  

Student Conduct Board Hearing Outline 

1. Introductions and Explanation of Hearing Proceedings 
2. Reading of the Charges 
3. Questions to Student Conduct Administrator  
   • May include hearing logistics, case materials, and other procedural questions 
4. Incident Report and Additional Information Review 
5. Respondent Opening Statement 
6. Questions from the Student Conduct Board, asked in the following order:  
   • Questions for the Hearing Officer 
   • Questions for the Reporting Party, if applicable 
   • Questions for the Respondent(s) 
   • Questions for the Witness(es) 
7. Closing Statements, presented in the following order:  
   • Respondent Closing/Impact Statement (optional) 
8. Closing Remarks & Hearing Adjourned  

Deliberation

Following closing statements, the hearing body will adjourn into a private deliberation to determine if the respondent(s) is responsible for violating the Student Code of Conduct. If it is determined by the hearing body that there is a violation of the Student Code of Conduct, then sanctions and disciplinary action may be imposed. 

D. Sanctions

The following sanctions may be imposed upon any student found to have violated the Student Code: 

1. Warning: A written notification signifying that a student has been found responsible for violating the Student Code of Conduct and that additional violations of the University's Student Code of Conduct may result in more severe disciplinary action. 
2. Probation: Probation is a written notification that for a designated and specific amount of time a student must show a positive change in behavior and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating any institutional regulation(s) during the probationary period. A disciplinary probation status may involve restrictions, conditions, or terms imposed for a definite period of time which may include, but are not limited to, ineligibility to participate in University activities or events, periodic contact or counseling with a designated member of the University community, restrictions on access to University facilities and/or housing areas, and change of housing assignment. 
3. Loss of Privileges: Denial of specified privileges for a designated period of time. Such action includes, but is not limited to, use of a specific University facility, campus motor vehicle parking and operating privileges, and social privileges. The Hearing Officer/Student Conduct Board must specify the date after which the student may regain these privileges. 
4. Fines: Previously established and published fines may be imposed. 
5. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. 
6. Discretionary Sanctions: Work assignments, essays, service to the University, or other related discretionary assignments. A work project or special assignment imposed by a Student Conduct Board. Failure to complete a discretionary sanction by the date set by the Student Conduct Board will result in further disciplinary action and a hold being placed on the student's account. 
7. Parental/Guardian Notification: Notification to a student's parents and/or guardians that the student has been involved in a violation of the Student Code of Conduct. 
8. Residence Hall Probation: Notification that a student's behavior is unacceptable and has reached a level where removal from University housing is possible. Any further violations of University policy may result in immediate suspension from University operated residential facilities.  
9. Residence Hall Suspension: Prohibition of the student from living in or accessing the residence halls for a specified period of time. The student may not reapply for a residential room until the suspension has concluded. This sanction can include such measures as suspension from the halls for specified time periods, such as weekends. 
10. Residence Hall Expulsion: Permanent prohibition of the student from living in or accessing the residence halls. 
11. University Suspension: Separation of the student from the University for a definite period of time during which the student is excluded from classes, residence on campus, and all privileges and activities of the University. During a period of suspension, a student is not permitted on University property without the written permission of the Dean of Students. Suspension is recorded on the student's academic record for the period of the suspension and removed upon completion of the suspension period. Upon termination of the suspension period, the student may petition the Dean of Students for reinstatement to their former student status; the Dean must approve readmission/ reinstatement. The University reserves the right to readmit or deny readmission to a student following a period of suspension. 
12. University Expulsion: Permanent termination of student status without the possibility of re-admission to the University. An expelled student is not permitted on University property. A sanction of expulsion must be reviewed and approved by the Dean of Students and the President of the University before it becomes effective. Expulsion is recorded on the student's academic record. 
13. Revocation of Admission and/or Degree: Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation. 
14. Withholding of Degree: The University may withhold awarding of a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including completion of any sanctions imposed. 
15. Sanctions Applicable to Student Clubs, Groups, and Organizations. If a recognized student organization violates a policy or regulation of the University or local, state, or federal law, one or more of the following sanctions may be imposed. 
    • a. Those sanctions listed above in Article VII (B) 1-6. 
    • b. Loss of selected rights and privileges for a specified period of time. 
    • c. Deactivation, defined as the loss of all privileges, including University recognition, for a specified period of time. 
16. Failure to Complete Sanctions. Failing to complete a student conduct sanction will result in a hold being placed on the student's University record until the sanction as outlined by the student conduct administrator is completed. More than one of the sanctions listed above may be imposed for any single violation.  

In each case where the determination has been made that a student and/or group or organization has violated the Student Code, the sanction(s) shall be determined and imposed by the Student Conduct Administrator. In cases in which persons other than, or in addition to, the Student Conduct Administrator have been authorized to serve as the Student Conduct Board, the recommendation of the Student Conduct Board shall be considered by the Student Conduct Administrator in determining and imposing sanctions. The Student Conduct Administrator is not limited to sanctions recommended by members of the Student Conduct Board. The Dean of Students or designee reserves the right to review and modify sanctions imposed by a Student Conduct Administrator or Student Conduct Board. Following the Student Conduct Board Hearing, the Student Conduct Board and the Student Conduct Administrator shall advise the Accused Student, group and/or organization (and a complaining student who believes they were the victim of another student's violent conduct including sexual assault) in writing of its determination and of the sanction(s) imposed, if any. 

Individuals found to be in violation of the specific conditions of their suspension or expulsion may be subject to further disciplinary action and/or criminal prosecution. 

E. Parental Notification

The Dean of Students or designee has the authority to determine when and by what means to notify parents or guardians when students under the age of 21 are found to have committed serious or repeated violations of University policies related to the possession, use, or distribution of alcohol or drugs. The Dean of Students or University Police may also notify parents or guardians of student health or safety emergencies. If University personnel perceive that a student is engaging in behavior that is a risk to themselves or others, the student may be transported to an emergency room for evaluation. 

F. Emergency and Extraordinary Circumstances

It is impossible to anticipate every circumstance under which the disciplinary authority of the University must be exercised. Also, it is possible that compelling circumstances may require that certain procedures normally afforded students be suspended by the University. Students who pose a serious risk of imminent harm (e.g., threats of violent acts against students and/or staff) may be expelled immediately.  

Additional information on Emergency Removals as it relates to the Sexual Misconduct Policy can be found here: https://www.newhaven.edu/about/title-ix/sexual-misconduct-policy.php

Interim Suspension

1. In certain circumstances, the Dean of Students, or a designee, may impose an interim University or residence hall suspension prior to a Student Conduct Board Hearing. Interim suspension may be imposed only: 
   • a. To ensure the safety and well-being of members of the University community or preservation of University property; 
   • b. To ensure the student's own physical or emotional safety and well-being; or 
   • c. When a student poses an ongoing threat of disruption of, or interference with, the normal operations of the University. 
2. The interim suspension may be imposed immediately, and the accused student shall have the opportunity for a preliminary hearing as soon as possible before the Dean of Students or designee. The preliminary hearing shall be concerned solely with: 
   • a. Discussion of the nature of the charges. 
   • b. Establishment of a date for a hearing which shall be scheduled within five (5) working days of the effective date of the interim suspension unless circumstances prevent, in which case a date will be established as soon as possible. 
   • c. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the University premises poses a substantial and immediate threat to themselves  or to others or the stability and continuance of normal University functions. 
   • d. Provision of an opportunity for the student to show cause(s) why they should not be suspended. 
3. During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Students or the Student Conduct Administrator may determine to be appropriate. 
4. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Board Hearing, if required. 
5. Unless modified by the Dean of Students, the student's activities during the interim suspension are subject to the same restrictions and conditions set forth under regular suspension. Interim suspension shall continue until a hearing result in the reinstatement, suspension, or expulsion of the student. 
6. If the Student Conduct Board recommends suspension or expulsion, the interim suspension shall continue during any period of appellate review. 
7. If the Student Conduct Board recommends disciplinary action less severe than suspension, the period of interim suspension shall be lifted. 
8. Unless the student is suspended or expelled from the University due to the hearing process, they will be assisted by the Provost's Office in making up academic requirements, to the extent feasible. 

Students who violate the terms of any interim suspension shall be subject to further disciplinary action and possible arrest. The University reserves the right to continue the interim suspension of a student without a hearing in cases where off-campus legal action is pending against that student. The interim suspension will continue until such time as the matter has been resolved through off-campus proceedings and a hearing before the Dean of Students or designee. 

Students under interim suspension from the University and/ or residence halls pending a disciplinary hearing are not entitled to reimbursement of their tuition, housing, and other fees for the period of interim suspension. 

If after six months, or within 30 days of the final disposition of a criminal case, there is no change in the status of interim suspension or interim residence hall suspension, the suspension shall become permanent and result in expulsion from the University or the residence halls. A student may apply for one or more extensions for periods of 90 days for good cause as determined by the University. It is the responsibility of the student to contact the Dean of Students regarding any circumstances affecting their status. 

A student under an interim suspension who withdraws prior to a disciplinary case being heard will not be permitted to return to the institution as a student in the future. A Permanent Administrative Withdrawal will be noted on the student's transcript. 

G. Appeals 

The respondent(s) may appeal, in writing, any student conduct outcome resulting in disciplinary action. Appeals must be submitted within five (5) business days of notification of the student conduct outcome. Violations of the Sexual Harassment & Misconduct Policy follow the grievance and appeal procedures set forth within that policy; please refer to that policy for more information. If no appeal is made within the prescribed time period, the original decision of the Hearing Officer or Student Conduct Board shall be final, conclusive, and effective immediately. Appeals shall be in writing and shall be delivered to the Student Conduct Administrator or their designee. 

Appeals for Informal Hearings will be submitted and reviewed by the Dean of Students or designee.  

Appeals will only be considered and reviewed based on the following grounds: 

• Procedural Error - A substantial procedural error by the University, Hearing Officer, or Student Conduct Board that is sufficient enough that it may have affected the outcome and findings of the original Hearing Officer and/or Board. Deviations from designated procedures will not be a basis for sustaining an appeal unless the appeal review determines that significant prejudice resulted from such deviation. 
• Insufficient Evidence/Information - There was a finding and/or outcome rendered without sufficient evidence or information to support a violation of the Student Code of Conduct occurred. 
• Severity of Sanction(s) Imposed - The sanction(s) imposed are not appropriate and/or consistent with similar violations of the Student Code of Conduct. 
• New Evidence/Information - There is relevant new evidence or information that was not reasonably available to the original Hearing Officer and may ultimately alter the original findings and outcomes imposed by the Hearing Officer. 

If an appeal is granted, the Dean of Students or designee may exercise any of the following options: 

• Accept, reject, or alter any and all parts of the original outcome; 
• Request the Appeals Review Board to receive the appeal; or, 
• Allow the initial Hearing Officer or Student Conduct Board to reconsider the original findings/outcomes; 

If an appeal is denied, the matter shall be considered final, and all outcomes and sanctions are binding.  

Appeals Review Board

The board will only review the disciplinary outcome on the grounds as written in the submitted appeal, using the student's conduct file, original hearing recording, and the appeal submission. The review board may recommend a change in the original decision to the Dean of Students. If an appeal is denied, the matter shall be considered final and binding upon all involved. 

IX. Disciplinary Records

All records of disciplinary action are maintained confidentially in the Dean of Students Office. In cases that involve suspension or expulsion from the institution, the necessary academic and administrative departments are notified. Action involving expulsion from the University shall be recorded on the academic transcript. No one outside of the institution shall have access to a student's disciplinary record, nor will the Vice President for Student Affairs and Dean of Students or designee disclose any information in these records without the written consent of the student involved except as may be provided in the Family Rights and Privacy Act of 1974 (described elsewhere in the Student Handbook) or as otherwise required by law. Unless otherwise defined by the student on the student permission form, access shall be defined as the ability to review records in the presence of a Student Conduct Administrator. 

Students wishing to review their disciplinary records may do so by making a written request to the Dean of Students Office. Records will be made available within one (1) working day from the date of the request. 

Students who believe that their disciplinary records contain information that is inaccurate, misleading, or otherwise in violation of privacy or other rights should follow procedures described in the Family Rights and Privacy Act of 1974 in order to correct them. 

Disciplinary records shall be retained for a minimum period of seven (7) years from the date the student leaves the University. Records of suspension or expulsion shall be retained indefinitely. 

X. Interpretation and Revision

1. Any question of interpretation or application of the Student Code shall be referred to the Dean of Students or their designee for final determination. 
2. The Student Code shall be reviewed every two years under the direction of the Student Conduct Administrator.