STUDENT CONDUCT CODE

I. Preamble—General Conduct Policy

II. Authority and Responsibility

III. Application of Laws and Off-Campus Activities

IV. Prohibited Conduct

V. Student Academic Misconduct

VI. Disciplinary Process

VII. Disciplinary Sanctions

VIII. Appeals

IX. Summary Suspension

X. Disciplinary Files-Retention and Access

XI. Judicial Council

I. Preamble—General Conduct Policy

Academic institutions exist for the transmission of knowledge,

the pursuit of truth, the development of students, and the general

well-being of society. Free inquiry and free expression are indispensable

to the attainment of these goals. As members of the academic

community, students should be encouraged to develop the

capacity for critical judgment and to engage in a sustained and

independent search for truth.

Freedom of the individual may be defined as the right to act or

speak, so long as it does not adversely affect the rights of others.

Believing in this concept, Winthrop University will protect freedom

of action and freedom of speech for both students and

employees, so long as it is not of an inflammatory or demeaning

nature and does not interfere with the students’ living and study

conditions and the administration of its affairs. It shall constitute

a disruptive act for any member of the campus community to

engage in any conduct which would substantially obstruct, interfere

with or impair instruction, research, administration, authorized

use of University facilities, the rights and privileges of other

members of the Winthrop community, or disciplinary proceedings.

Moreover, Winthrop University is committed to improving

the quality of student life by promoting a diversified educational

and cultural experience. Therefore, racist conduct or other acts of

bigotry will not be tolerated.

Rights and freedoms imply duties and responsibilities. Note

should be taken that a student who exercises his or her rights as a

private citizen—whether individually or as a member of a

group—must assume full responsibility for his or her actions. All

Winthrop students and employees must abide by local, state, and

federal laws and with all published University policies and regulations.

Violations of laws and regulations will subject the perpetrator

to disciplinary action by the University and/or the appropriate

civil or criminal court.

II. Authority and Responsibility

Responsibility for good conduct rests with students as adult

individuals. Student organizations have similar responsibility for

maintaining good conduct among their members and guests and at

activities they sponsor. Organizations wishing to become chartered

that violate Winthrop policy or do not fulfill requirements to

be a chartered organization can still be subject to this conduct

code and possible restrictions outside the code. Restrictions will

be overseen by the Program Director of Clubs and Organizations

and monitored by the Dean of Students office if no formal charges

are brought. All members of the campus community are expected

to use reasonable judgment in their daily campus life and to show

due concern for the welfare and rights of others.

This code is promulgated in accordance with the policies of the

Board of Trustees of Winthrop University. The Vice President for

Student Life as the President’s designee in these matters shall normally

obtain the advice of the Judicial Council before recommending

changes in rules governing student rights, responsibilities

and conduct. Under normal circumstances, the Vice President

for Student Life will designate the responsibility for the operation

of the Student Conduct Code to the Department of Student

Affairs, particularly the Dean of Students. This responsibility

includes formulating and implementing operating procedures for

the judicial consideration of conduct violations and the imposition

of sanctions in an efficient, consistent, fair, legal and educational

manner. The Dean may further delegate responsibility to various

judicial bodies and administrative staff.

The President of Winthrop University is authorized to assign

disciplinary cases to special hearing committees or officers as the

President deems appropriate.

III. Application of Laws and Off-Campus Activities

Winthrop University is not a sanctuary beyond the reach of the

criminal laws of the United States, the State of South Carolina,

and the City of Rock Hill. While the rules and regulations of

Winthrop University are not meant to duplicate general laws,

there are some aspects in which the lawful interests of the institution

as an academic community coincide with the broader public

interest treated in general laws. Students, or student organizations,

who commit offenses against the laws of municipalities, states, or

the United States, are subject to prosecution by those authorities

and may be subject to disciplinary action under University rules

when their conduct violates institutional standards. Winthrop students,

or student organizations are subject to the provisions of this

Student Conduct Code while on University premises or

University-related premises, and when involved with off-campus

Winthrop activities. Students, or student organizations will be

held accountable to this code for their off-campus activities when

it can be ascertained the off-campus act has a direct detrimental

impact on the University’s educational functions. Any disciplinary

action imposed by Winthrop may precede and be in addition to

any penalty imposed by an off-campus authority.

IV. Prohibited Conduct

The following constitutes the official record of general violations

of conduct rules and regulations at Winthrop University.

Students and student organizations are expected to abide by these

regulations. These regulations are not designed to define prohibitive

conduct in exhaustive terms. Additional rules and regulations

may be adopted and will be promulgated through campus communication

channels. A student or student organization that is

responsible for misconduct or is responsible for being an accessory

to misconduct shall be subject to the sanctions authorized by

this code. Students who anticipate or observe a violation of university
policy are expected to remove themselves from participation and are
encouraged to report violations.  Areas of misconduct include:

A. Disruption of classes, seminars, research projects, or activities

of the University.

B. Actual or threatened physical assault or injury to persons.

C. Actual or threatened sexual assault or a sexual misconduct violation

– This includes, but is not limited to, behaviors described as

actual or threatened sexual assault, offensive touching, non-consensual

sexual assault, relationship violence, stalking, or other

sexual misconduct. See a description of sexual misconduct under

Campus Safety and Security on page 28 of the Student Handbook.

D. Harassment and/or intimidation – Conduct causing alarm or

recklessly creating a risk by: making unwelcome sexual advances,

or requests for sexual favors, threatening to commit crimes

against persons or their property or the face to face use of “fighting

words” by students to harass any person on University property

or other property to which the student conduct code applies is

prohibited. ‘‘Fighting words’’ are those personally abusive epithets

which, when directly addressed to any ordinary person, in

the context used and as a matter of common knowledge, are inherently

likely to provoke an immediate violent reaction, whether or

not they actually do so. Such words include, but are not limited

to, those terms widely recognized to be derogatory references to

race, ethnicity, religion, sex, sexual orientation, disability, and

other personal characteristics. This also covers harassment or

intimidation of persons involved in a campus disciplinary hearing

and of persons in authority who are in the process of discharging

their responsibilities.

E. Disorderly conduct — Individual or group behavior which

unnecessarily disturbs individuals or groups is prohibited. Such

conduct includes, but is not limited to, unwelcome physical contact,

hazing, and boisterous or threatening conduct which is unreasonable

for the area, time, or manner in which it occurs.

F. Drugs — The manufacture, distribution, sale, use, offer for sale,

or possession of drugs or narcotics, or drug paraphernalia in

accordance with State statutes.

G. Behavior or activities which endanger the safety of oneself or

others — This includes, but is not limited to, destructive behavior

by individuals and/or groups; self-destructive behavior; arson;

and tampering, damaging, or misusing fire equipment.

H. Possession and/or use of firearms, fireworks, dangerous

weapons and hazardous chemicals — Winthrop University is

unwilling to allow even the mere presence of dangerous weapons.

While some objects are clearly dangerous, what is used dangerously

may also be considered a weapon.

I. Damage to property — Damage, destruction, or defacement of

University property or property of any person as a result of a

deliberate action or as a result of reckless or imprudent behavior.

J. Theft of property — Theft of University property or possession

of stolen University property or property of any person.

K. Misuse of University documents — Forging, transferring,

altering, or otherwise misusing any Winthrop document, including

identification cards, course registration material, or other document

or record.

L. Unauthorized use of the name or insignia of the University by

individuals or groups.

M. Unauthorized presence in or forceful entry into a University

facility or University-related premises.

N. Misuse of telephone — No student shall make or assist in making

unauthorized or annoying telephone calls or otherwise misuse

or abuse telephone equipment.

O. Violations of any of the restrictions, conditions or terms of any

sanctions resulting from a previously held disciplinary hearing or

failure to complete conditions or terms within the designated time.

P. Misappropriation or misuse of student organization funds or

property — This includes, but is not limited to, over-extension of

the budget of a student organization; spending receipts prior to

proper deposit; and unauthorized personal use of equipment.

Q. Computer abuse — This includes, but is not limited to, plagiarism

of programs; misuse of computer accounts; unauthorized

destruction of files; creating illegal accounts; possession of unauthorized

passwords; and disruptive or annoying behavior on the

University’s computer systems.

R. Providing false information — In the application for admission,

petitions, requests, disciplinary hearing or other matters of

record and transaction with officials of Winthrop University.

S. False reporting of an emergency — The false report of a bomb,

fire or other emergency in any building, structure or facility by

means of activating an alarm or in any other manner.

T. Failure to identify oneself when requested by persons in authority

who are in the process of discharging their responsibilities.

U. Unauthorized use or possession of keys — No one may use or

possess any University key without proper authorization. No student

is allowed under any condition to have a University key

duplicated.

V. Sale of textbooks — The sale of a textbook by any student who

does not own the book is prohibited without prior authorization

from the owner of the book.

W. Violation of the University’s alcoholic beverage policy.

X. Violation of the University’s fund-raising, solicitation, canvassing,

assembly, and poster policies.

Y. Violation of the University’s hazing policy.

Z. Violations of the Residence Hall contract not specifically listed

under Judicial Board or Residence Life Office jurisdiction.

AA. Violations of University policies and procedures-Failure to

abide by any published University policy or procedure is prohibited,

including the General Conduct Policy.

BB. Unauthorized or misuse of University property or equipment.

CC. Commission of any act which is a violation of a criminal law

of the United States.

DD. Violations of the Academic Misconduct Policy.

V. Student Academic Misconduct

A fundamental tenet of all institutions of higher learning is academic

honesty. Academic work must depend upon respect for an

acknowledgement of the research and ideas of others.

Misrepresentation of someone else’s work as one’s own is a most

serious offense in any academic setting.

Academic misconduct in any form cannot be condoned.

Academic misconduct includes but is not limited to providing or

receiving assistance in a manner not authorized by the professor

in the creation of work to be submitted for academic evaluation

including papers, projects, and examinations; presenting, as one’s

own, the ideas or words of another for academic evaluation without

proper acknowledgement; doing unauthorized academic work

for which another person will receive credit or be evaluated; and

presenting the same or substantially the same papers or projects in

two or more courses without the explicit permission of the professors

involved. In addition, academic misconduct involves

attempting to influence one’s academic evaluation by means other

than academic achievement or merit. More explicit definitions of

academic misconduct specific to certain academic disciplines may

be promulgated by academic departments and colleges.

One who knowingly cooperates with another in an act of academic

misconduct is an accessory to that academic misconduct.

Thus a student who writes a paper or does an assignment for

another student is an accomplice and will be held accountable just

as severely as the other. Any student who knowingly permits

another to copy from his or her own paper, examination or project

shall be held as accountable as the student who submits the copied

material.

The following procedural guidelines are to be followed in matters

of alleged academic misconduct:

A. During the course of an examination or other exercise, an

instructor or proctor who observes suspicious behavior such as

copying or collusion may warn the individuals involved of the

appearance of their actions and request them to cease immediately.

Continuation of such behavior can be considered evidence of

academic misconduct. The professor is not obligated to warn students

beforehand and the cessation of the suspicious behavior

does not relieve the student of a later judgment of academic dishonesty.

B. A remarkable similarity between works supposedly completed

independently that are submitted for evaluation may be considered

evidence indicating academic misconduct.

C. When a professor believes there is sufficient evidence to

demonstrate a clear case of academic misconduct, the professor

shall notify the student in writing. Notification should occur within

30 days of discovery of the academic misconduct. The notice

shall indicate that unless the student requests a hearing, the professor

shall impose the appropriate academic consequences warranted

by the circumstances and that a disciplinary hearing may be

initiated. The appropriate academic consequence for serious

offenses is generally considered to be failure in the course.

Students may not withdraw from a course to avoid an F grade as

the academic consequence for a violation. For less serious offenses

regarding small portions of the course work, failure for that

portion is suggested with the requirement that the student repeat

the work for no credit.

The faculty member is responsible for saving the evidence of

academic misconduct in its original form and need not return any

of the papers or other materials to the student. Copies of the student’s

work and information about other evidence will be provided

to the student upon request.

D. The student is given seven days from this first written notice to

respond. If the student acknowledges responsibility or if the student

does not respond to the written notice, the academic consequences

shall be imposed by the professor who will also submit a

report to the Dean of the college and the Dean of Students.

E. If the professor requests or if the student has a prior disciplinary

record or unusual circumstances exist, the Dean of Students

can initiate a hearing utilizing the regular discipline process as

stipulated in the Student Conduct Code which may alter the student’s

status with the University.

F. If a student chooses to contest the charge of academic misconduct

the student may request in writing to the professor with a

copy to the Dean of Students, a disciplinary hearing to determine

the facts of the alleged misconduct. The Dean of Students shall

initiate the regular disciplinary process. The purpose of the hearing

is to determine the student’s responsibility for the alleged academic

misconduct. If the student is judged by the hearing authority

as stipulated in the Student Conduct Code to be responsible for

a violation, the professor shall determine the appropriate academic

consequences within the course and the hearing authority will

decide what regular disciplinary sanction, including suspension or

expulsion, will be imposed. If the hearing authority determines the

student was not responsible for a violation, no academic consequences

within the course can be imposed by the professor.

G. The Dean of Students is responsible for assisting students, professors

and hearing authorities in matters of process and procedure

associated with Winthrop’s academic misconduct policy. The

Dean of Students will inform the Dean of the College in which the

student is enrolled that the case has been reported and of any final

action taken by the professor and/or the hearing authority.

VI. Disciplinary Process

All students and student organizations are subject to the disciplinary

procedures prescribed in this code. If a student, allegedly

involved in a violation of the Student Conduct Code, separates or

graduates from the University prior to resolution, the disciplinary

process can continue at the discretion of the University. If a hearing

is not pursued upon the separation of the student, the pending

charges will be resolved, at the discretion of the University, prior

to any future readmission.

A. Initiation of Charges — The Department of Student Affairs

bears the responsibility for the initiation of disciplinary procedures

against a student for alleged misconduct which could result

in expulsion or suspension from the University. The Department

of Student Affairs will review instances of reported misconduct to

determine if disciplinary proceedings should be initiated. Any

member of the campus community may register a complaint in

writing with the Department of Student Affairs against a student

for alleged violation of University policy. In the absence of sufficient

information as determined by the Dean of Students or

designee, a complaint will be dismissed.

B. Notification of Charges – Once it is determined that disciplinary

proceedings will be initiated, the accused student or student

organization will be provided written notification of the charges.

Notification will specify the alleged violation of this code.

Notification will also inform the accused student to arrange immediately

a pre-hearing interview with the Dean of Students or

designee.

If the student does not arrange for a pre-hearing interview, the

Student Conduct Code and a letter scheduling a hearing will be

sent to the student.

C. Options for Resolution of Disciplinary Charges - It should

be clearly understood that there is a fundamental difference

between the nature of student discipline and that of criminal law.

Regardless of the options exercised for resolution of charges,

the discipline of students within the University community must

be consistent with the educational mission of the institution.

At the pre-hearing interview with the Dean of Students or

designee, the charged student will have all the disciplinary options

outlined below fully explained:

1. Plead not responsible to the charge(s) and have a regular hearing

before the Judicial Council where a determination of responsibility

will be made. If held responsible by the Judicial Council,

an appropriate sanction(s) will be determined.

2. Plead not responsible to the charge(s) and request an administrative

hearing before the Vice President for Student Life or

designee where a determination of responsibility will be made. If

held responsible by this administrative hearing officer, an appropriate

sanction(s) will be determined. The Vice President or

designee may decline to conduct the hearing, in which case the

matter must be heard by the Judicial Council.

3. Accept responsibility for the charge(s) and elect for the Judicial

Council to determine an appropriate sanction(s).

4. Accept responsibility for the charge(s) and elect for the Dean of

Students or designee to determine an appropriate sanction(s). The

Dean of Students or designee may decline to conduct the hearing,

in which case the matter must be heard by the Judicial Council.

D. Pre-Hearing Interview - When the Department of Student

Affairs determines that official proceedings will be initiated, the

accused student or student organization is responsible for arranging

a pre-hearing interview with the Dean of Students or designee.

The purpose of the pre-hearing interview is to insure that the

accused will be sufficiently familiar with the disciplinary process

in order to adequately prepare and present a response at the hearing.

At this interview the accused:

1. Will be advised immediately of the right to decline to make any

statements to avoid the possibility of self-incrimination. Refusal

to speak or to answer questions shall not be interpreted as evidence

of responsibility.

2. Will be advised of the alleged violations and an explanation of

the prohibited conduct will be provided. The student will be

advised if suspension or expulsion is possible as a result of the

hearing.

3. Will be advised of the identity of witnesses or others who will

testify, the general content of their testimony, and the content of

any written material or physical exhibit which will be presented at

the hearing. If additional information or new witnesses are to be

presented at the hearing, the accused student will be informed at

least three days prior to the hearing date and the information will

be made available for the student’s review.

4. Will be advised that a list of those witnesses requested by the

accused student must be provided and any written statements by

those witnesses must be included in the case file three days prior

to the hearing. Any additional written information must be available

to the Department of Student Affairs at least three days prior

to the hearing date, for a determination of relevancy, and to be

included in the case file for the hearing authority to review.

5. Will be advised that an advisor may be present at the hearing.

The advisor may not address the hearing officer or panel or other

persons at the hearing unless permitted by the hearing officer or

panel. The role of the advisor will be to consult with the accused

at reasonable intervals during the course of the hearing.

6. Will be advised to consult further with the Dean of Students or

designee concerning any questions or interpretations of procedure.

7. Will be advised that hearings are scheduled to provide the

accused student a minimum of five days from the date of notification

of charges (excluding weekends and holidays) during

which to prepare a response.

8. Will be advised that any request for a delay of the hearing must

be in the form of a written petition to the Department of Student

Affairs, which schedules hearings and determines whether a delay

will be granted. Such a delay will not affect the student’s status.

9. Will be advised that the Department of Student Affairs may

choose to delay the hearing for good cause. Such a delay will not

affect the student’s status.

10. Will be advised of options for resolution of disciplinary

charges.

E. Failure to Respond - If the charged student or student organization

has been properly notified of the charges and hearing date,

and still does not attend the scheduled hearing, the hearing will be

conducted by the Vice President for Student Life and a determination

will be made based upon the available information. The

accused will be considered properly notified when the formal

charge letter, the Student Conduct Code and the letter scheduling

the hearing have been delivered to the student’s address as indicated

in the most current Student Directory compiled by the

Registrar’s Office.

F. Dismissal of Charges – If the Dean of Students or designee

determines as a result of the pre-hearing interview that insufficient

information exists to justify a hearing, the charge will be dismissed.

G. Hearing Procedures

1. During a hearing, the accused student is entitled to:

a. Appear in person, hear all information presented and present

any relevant information, call witnesses, and ask questions of witnesses

present at the hearing.

b. Elect not to appear at the hearing, in which case the hearing

may be conducted in the accused’s absence.

c. Refuse to answer any questions or make a statement; the hearing

authority shall make its decision solely on the basis of information

presented at the hearing.

d. Challenge the presence of a Judicial Council member for cause.

Cause is defined as personal bias, prior involvement, or inappropriate

access to information concerning the incident. The removal

of a Judicial Council member for cause will be at the discretion of

the remaining council members as determined by majority vote.

e. Confidentiality. All hearings shall be conducted in private session.

All statements, information, or comments given during hearings

will be held in the strictest confidence by members of the

Judicial Council, University staff, witnesses and advisors before,

during, and after deliberation. Video, audio, stenographic, or photographic

recording of hearing proceedings are prohibited, except

as authorized by the Department of Student Affairs.

2. The hearing authority will exercise control over the hearing to

avoid needless consumption of time, repetition of information,

and/or prevent the harassment or intimidation of participants. The

hearing can be recessed at any time.

3. All hearings shall be conducted in an informal manner and

technical rules of evidence will not be applied. The taking of

statements of witnesses may be done by discussion, though the

testimony of each witness may be subject to question and rebuttal.

While written statements are admissible, the accused shall

have the opportunity to question and rebut the testimony, unless

extenuating circumstances preclude this option. Any written witness

statements must be available in the file for review three days

prior to the hearing date.

4. Witnesses shall be present during a hearing only during the

time they are testifying unless the violation is one in which there

is a specific individual victim.

5. Cases in which there is a specific victim include but are not

limited to violations of sexual misconduct or physical assault. In

such cases, the victim may be present throughout the hearing and

may also have an advisor present. Questioning of the victim by

the accused student will be directed to the Council and the chair

of the Council will direct the question to the victim.

6. The Dean of Students or designee is responsible for scheduling,

coordinating, and presenting all cases.

7. The Dean of Students or designee will make a tape recording

of all hearings, where a student pleads not responsible or when a

charged student requests it. The accused shall have the right, upon

request, to listen to the recording in the presence of a staff member

of the Department of Student Affairs. The accused may

request a duplicate copy of the recording within a period of six

months from the date of the hearing and must assume the cost of

this expense.

H. Hearing Decisions

1. Upon completion of the hearing, the hearing authority shall in

private session consider the information presented to determine

responsibility or to drop the charges due to insufficient information.

2. The hearing authority shall consider only the information presented

at the hearing, and responsibility can only be determined

by clear and convincing information.

3. In a Judicial Council hearing, a majority vote of council members

shall be required to find the accused responsible and to assign

a sanction. Four members constitute a quorum. The Dean of

Students or designee may offer an opinion regarding appropriate

sanctions.

4. If responsibility is acknowledged or determined, prior to the

determination of the sanction(s), the hearing authority shall allow

the introduction of information concerning the past conduct

record of the accused and a victim impact statement which details

the impact on the victim the violation caused. The statement may

be written or oral. These will be provided by the Dean of Students

or designee in the presence of the accused.

5. If the student found responsible does not choose to be present,

the student’s prior record and victim impact statement will be

introduced in his or her absence.

I. Notification of the Decision

1. Upon completion of all deliberations, the hearing authority will

notify the Dean of Students or designee of the full decision.

2. The written decision from the hearing authority shall consist of

written confirmation of the decision including the findings of fact,

the determination of responsibility, the complete description of

any sanction imposed or the decision to drop the charge(s) due to

insufficient information. The hearing authority will generally

send the letter to the Dean of Students or designee within 24 hours

after completion of the hearing.

VII. Disciplinary Sanctions

The purpose of imposing sanctions are twofold: to protect the

University community from behaviors that are detrimental to the

educational process of the community; and to assist students in

identifying acceptable parameters of their activities and consequences

of future behaviors. The severity of the sanctions

imposed is intended to correspond with the severity or frequency

of violation, as well as the student’s willingness to recommit himself

or herself to good citizenship through behaviors that fall within

the conduct regulations of the University. The following disciplinary

sanctions may be imposed upon a student responsible for

a violation either singly and/or in combination:

A. Expulsion — Expulsion is permanent disciplinary separation

from the University involving denial of all student privileges.

Expulsion shall be effective on the date of notice of the expulsion,

or later if so stated in the notice; and shall be entered into the student’s

permanent record (transcript).

Students separated from the University by expulsion may not

enter University premises or University-related premises without

securing prior approval from the Vice President for Student Life.

B. Suspension — Suspension is temporary disciplinary separation

from the University involving denial of all student privileges.

Suspension shall be effective on the date of notice of the suspension

or later if so stated in the notice; shall be entered into the student’s

permanent record (transcript); and shall prescribe the date

and conditions upon which the student may petition for readmission.

Conditions for readmission may include, but are not limited

to, disciplinary probation for a specified length of time; non-residence

on campus; restricted visitation to specified campus facilities;

and written statement from an accredited mental health professional

or medical doctor verifying the capability of the student

to function successfully at the University.

Students separated from the University by suspension may not

enter University premises or University-related premises without

securing prior approval from the Vice President for Student Life.

The suspension notation will be removed from the student’s

permanent record, by the Registrar, upon the student’s graduation.

The suspension notation can also possibly be removed earlier by

petitioning the Vice President for Student Life.

C. Residence Hall Separation — Residence Hall Separation

involves removal from the campus residence hall community for

conduct which clearly demonstrated an inability to function

appropriately in the residence hall living situation. Such separation

may be permanent or for a specified number of semesters.

Such separation prohibits accessibility to all or designated residence

halls and associated dining facilities. Visitation will not be

permitted without securing prior approval from the hearing officer

or panel. In no case will separation be less than the remainder of

the semester in which it takes place.

D. Disciplinary Probation —Aperiod of review and observation

during which a student has been officially notified that his/her

conduct, although not serious enough to warrant suspension, was

very inappropriate. Subsequent violations of University rules, regulations

or policies (even after a particular probationary period

expires) could result in a more severe sanction.

Disciplinary Probation is a status which may involve restrictions,

conditions or terms imposed for a definite period of time.

Restrictions, conditions, or terms of probation may include but are

not limited to: ineligibility to participate in campus activities or

events; periodic contact with a designated member of the campus

community; restrictions on accessibility to University facilities

and/or housing areas; and change of housing assignment.

Restrictions, conditions, and terms will be imposed for a specific

length of time not to exceed the length of the probationary period.

Failure to comply with the terms and conditions of the probation

or additional behavior in violation of this code during the probationary

period will likely result in more serious disciplinary

action.

E. Disciplinary Warning – Disciplinary Warning involves written

notice to the student indicating that specific behavior or activity

was in violation of this code and that repetition of similar or

other unsatisfactory behavior would likely result in more serious

disciplinary action. Disciplinary Warning may also involve conditions,

such as those listed above, that are intended to be educational

in nature.

F. Restitution – Restitution is not a fine; it is reimbursement for

actual damage to, destruction of, or misappropriation of

University property or property of any person which results from

conduct in violation of this code; or is compensation for services

provided such as alcohol education. The administrative hearing

officer or hearing panel will determine the appropriate reimbursement.

G. Termination of the Privileges of a Registered Student

Organization — Termination of the Privileges of a Registered

Student Organization is the loss of any or all privileges of a registered

student organization. Imposition of this sanction does not

preclude disciplinary charges against individual members of the

organization.

H. Termination of the Registration of a Registered Student

Organization — Termination of the Registration of a Registered

Student Organization is the discontinuation of the registration of

the registered student organization. This means the organization

can no longer function. Imposition of this sanction does not preclude

disciplinary charges against individual members of the

organization.

I. Creative Sanctions- As deemed appropriate by the hearing

officer, sanctions such as reflective papers, fines, work projects or

other creative sanctions.

J. Parental Notification for Violating the University’s Drug or

Alcoholic Beverage Policy- When found responsible for violations

of these conduct standards, the hearing authority may decide

to notify the responsible students’ parents or legal guardians of

these violations as allowed by Federal law. This will only occur

after the hearing authority has discussed this possible notification

with the student and the student is under 21.

VIII. Appeals

Appeals must be presented, specifically described in writing to

the next level of authority in the disciplinary chain of command.

An appeal is not a new hearing. It is a review of the record of the

original hearing. The accused student and his/her advisor has the

right to review the accused student’s disciplinary file, including

any tape recording of the hearing.

An appeal may be dismissed if not sought on proper grounds.

If an appeal is upheld, the case with procedural specifications

shall be referred to the original hearing officer/panel. Any sanction

imposed as a result of a hearing shall remain in effect during

the process of appeal. The appeal officer has the authority, under

extenuating circumstances, to defer the imposed sanction while an

appeal is in process.

In any event, sanctions may not be increased as a result of an

appeal.

An appeal may be sought on two grounds:

A. On a claim of error in the hearing procedure. Appeals on such

grounds must be presented, specifically described, in writing

within five days (excluding weekends and holidays) of the

announcement of the decision.

B. On a claim of new evidence or information material to the case

which was not available at the time of the hearing. Appeals on

such grounds must be presented, specifically described, in writing

within five days (excluding weekends and holidays) of the new

evidence having been discovered.

The following is the disciplinary chain of command:

Hearing Authority Appeal Officer

Judicial Council Vice President for Student Life

Dean of Students or designee Vice President for Student Life

Vice President for Student Life President

IX. Summary Suspension

A. Summary suspension is an action which requires a student to

immediately leave University property, and not return during the

suspension period, and/or comply with other stated conditions for

a specified period. Summary suspension may be imposed upon a

student by the Vice President for Student Life or a designee when

there is reason to believe, based on available facts, that the student

represents an immediate threat to the safety, health, or welfare of

herself/himself, other persons, or property. This summary action

is warranted by potential or threatened danger or disruption, but is

utilized only when the serious nature or immediacy of the threat

makes it impractical to follow normal disciplinary procedures.

Summary actions authorized by this policy include:

1. Temporary suspension of a student’s eligibility for enrollment

or attendance, as well as denial of the student’s access to

University facilities or property. A student may be summarily suspended

for a specified period of time or the suspension may be

scheduled contingent upon certain events or conditions.

2. Temporary suspension or limitation of a student’s eligibility to

enjoy certain privileges, or participate in or attend certain events

(or certain kinds of events) without the suspension of enrollment

status. This summary action may prohibit a student’s presence on

University property or certain facilities, or impose conditions

which must be met in order for that student to enjoy certain privileges,

participate in activities, or attend events.

3. Temporary suspension or limitation of a student organization's
eligibility to enjoy certain privileges, participation in or attendance at
certain events (or certain kinds of events), access to University
facilities or property, or university recognition.

B. When a student is summarily suspended, she or he is given a

copy of this policy and notice explaining the reason for, and duration

of the suspension, as well as any conditions that may apply.

A student notified of such summary action shall, upon written

request, be given an opportunity to meet with the Vice President

for Student Life or a designee within five business days from the

date of the request. This meeting shall be held to consider only the

following issues related to the summary action:

1. The reliability of information alleging a student’s misconduct,

and

2. Whether the conduct or surrounding circumstances reasonably

indicate the student’s presence on campus or continued unrestricted

participation in campus affairs would pose an immediate threat

to the safety, health, or welfare of persons or property.

NOTE: It is not the purpose of the meeting to hear information

concerning responsibility of pending or possible charges against

the student.

C. Following the imposition of summary suspension, standard

University disciplinary procedures shall be provided as expeditiously

as possible. Unless circumstances render the implementation

of standard disciplinary procedures impossible or unreasonably

difficult, these procedures shall be initiated within 10

University business days from the effective date of the summary

action.

D. Any student who is summarily suspended and returns to the

campus or University property and/or violates other stated conditions

during the specified period shall be subject to further separate

action and may be treated as a trespasser. Permission to be on

campus for a specific purpose (e.g., to take an exam, to consult

with the Vice President for Student Life or designee, or to participate

in disciplinary procedures) must be requested and obtained in

writing or by telephone prior to any conduct contrary to the suspension

or conditions, and may be granted by the Vice President for

Student Life or designee.

X. Disciplinary Files-Retention and Access

Disciplinary files are retained by the Department of Student

Affairs and are considered part of the educational record. A student’s

disciplinary file is not released outside the University without

written consent of the student. Disciplinary information will

be provided within the University to individuals who are determined

to have a legitimate, educational interest in obtaining this

information in accord with the Family Educational Rights and

Privacy Act of 1974 (as amended).

A student’s disciplinary file is retained for a specified length of

time. The maximum sanction imposed determines how long a file

is retained before being destroyed.

Permanently Maintained: Expulsion, Termination of

Registration of a Registered Student Organization

Maintained Three Years After Graduation: Suspension

Maintained Until Graduation: Residence Hall Separation,

Academic Misconduct

Maintained Until Graduation or Seven Years from Date of

Hearing (whichever is earlier): Disciplinary Probation,

Disciplinary Warning, Restitution

Maintained Three Years from Date of Hearing: Termination of

the Privileges of a Registered Student Organization

The sanctions of Expulsion and Suspension are the only disciplinary

sanctions that are entered into a student’s permanent record

(transcript). A student’s disciplinary file is maintained separately

from any other academic or official file at the University. In cases

where the accused is found not responsible, no official disciplinary

file will be retained. When charges are dropped, due to insufficient

information, an official disciplinary file will be maintained

until graduation or seven years from the date of the hearing.

XI. Judicial Council

A. The Judicial Council in addition to being a hearing authority

shall serve as an advisory board to the Vice President for Student

Life with regard to formulating and implementing appropriate

policies and procedures in discharging responsibility for the total

operation of the Student Conduct Code.

B. Any recommendation of the Judicial Council shall be forwarded

to the Vice President for Student Life for approval and implementation.

When appropriate, the Vice President will inform the

President of Winthrop University who retains the right to make

final decisions in accordance with the governance policy of the

institution.

C. The Judicial Council shall consist of the following members: a

Chair appointed from the faculty by the President of the

University, two faculty members elected by the faculty, and two

students appointed by the Council of Student Leaders. When

deemed necessary by the Vice President for Student Life a four

person council may hear a case.

It shall be the prerogative of the President of the University to

appoint alternate members of the faculty to serve during holidays

and the summer months.

Disclaimer

Please see the 2009-2010 Student Handbook for the complete and official text of the Student Conduct Code (pg. 36-42.)  This website was created for easy review, but is not a substitution for the full text found in the Student Handbook.