Emory University is an institution dedicated to providing educational opportunities,transmitting and advancing knowledge, and providing a range of services to both students and the general community. The university endeavors to foster in each student a love of learning, commitment to fair and honorable conduct, and respect for the safety and welfare of others. It also strives to protect the community from the influence of those who do not embody these values in their conduct, and to protect the integrity of the University and its property for the benefit of all. For this purpose, and in accordance with the bylaws of the university, the President of the University has defined the interests of the university community to be promoted and protected and has delegated to the Senior Vice President and Dean for Campus Life the responsibility of implementing such a system via the Undergraduate Code of Conduct, hereafter referred to as the Code.
The activities of students beyond the classroom influence the educational process and learning environment, just as the intellectual atmosphere of the campus contributes to students' personal growth and development. Many forms of non-academic conduct, as well as all academic affairs, are therefore areas of proper concern and regulation by the University community. The guiding principle of University regulation of undergraduate conduct is the responsible exercise of freedoms and privileges. Members of the university community are granted the greatest possible degree of self-determination correlative to acceptance of the full responsibility for their conduct and the consequences of their actions.
Because the university is an institution of learning, the Code has education as its foremost aim; it is not intended to be a solely punitive process nor a substitute for the law. The Code aims to sustain a safe environment conducive to learning, promote a climate of mutual respect, foster open dialogue that promotes learning and understanding, promote individual well-being and personal development, and encourage the application of ethical decision-making in the daily life of undergraduates.
This Code applies to undergraduate students enrolled in the College of Arts and Sciences, the Woodruff School of Nursing, and the Goizueta Business School, in their conduct both on and off campus. Furthermore, the Senior Vice President and Dean for Campus Life is delegated responsibility pertaining to all student organizations, student government, and fraternities and sororities. In addition, the Senior Vice President and Dean for Campus Life has the responsibility and authority to discipline students and organizations and may choose to handle such matters in a direct and expedient manner, including taking interim action, including but not limited to interim suspension pending the conclusion of an investigation and hearing, removal from campus housing, the issuance of a No Contact Order, or other measures.
Academic misconduct falls within the jurisdiction of the individual academic units of Emory University, not this Code. Allegations of non-academic misconduct will be resolved in accordance with the procedures outlined in this Code. Other units within the university may choose to implement more rigorous standards (for example, members of fraternities and sororities, or student organizational leaders), but such standards and penalties shall be in addition to, not a replacement of, this Code.
Continuation as a student is conditional upon compliance with the expectations of student conduct expressed or implied in this Code.
Emory University expects that all students act honorably, demonstrating a keen sense of ethical conduct. The university expects that its students behave respectfully, providing particular consideration for other people and for property. As members of a community, Emory University expects that students act responsibly, being accountable for the safety and wellbeing of themselves and others. University students are expected to be trustworthy, demonstrating honest character upon which others may rely with confidence.
Although it is neither possible nor necessary to specify every instance of misconduct that could result in disciplinary action against a student, the following are examples of the types of behavior that are considered violations of this Code.
|a.||Attempting to commit a violation of this Code, or assisting, through act or omission, any person or group with committing or attempting to commit a violation of this Code.|
|b.||Failing to leave a situation where any person is committing or attempting to commit a violation of this Code.|
|c.||Failure to comply with the direction of University officials or law enforcement officials acting in performance of their duties; including failing to identify oneself to these officials when requested to do so.|
|d.||Failure to complete sanctions assigned by the Office of Student Conduct and/or knowingly violating the terms of any disciplinary sanction imposed or any mutual agreement reached in accordance with this Code.|
|e.||Disrupting the normal operations of the University (including teaching, research, service, and business operations) or University-sponsored activities by participating in an on-campus or off-campus demonstration, riot, or activity, or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled or normal activities within any campus building or area.|
|f.||Misuse of computer or network resources, including but not limited to: use of another individual's identification or password; using computer or network resources to send anonymous, obscene, unwanted, harassing, or abusive messages; using computer or network resources in violation of copyright laws; use of computer or network resources to interfere with the normal operation of the University computer system; or any other violation of policies established by University Technology Services|
|g.||Violating policies established by the Office of Residence Life & Housing for University-owned residential facilities, including but not limited to the Residence Life and Housing Standards and Policies and the Undergraduate Housing Agreeme|
|h.||Violating University or school rules, regulations, or policies.|
|i.||Violating the University Tobacco Free Policy.|
|j.||Violating any government laws or ordinances.|
Causing physical harm to any person.
|b.||Verbal abuse, threats, intimidation, harassment, coercion, or other conduct that threatens or endangers the well-being or safety of any person.|
|c.||Behaving in a manner that a reasonable person would consider alarming, disorderly, or indecent.|
|d.||Violating the University Sexual Misconduct Policy.|
|e.||Violating the University Discriminatory Harassment Policy, including engaging in sexual harassment.|
|f.||Violating the University Anti-Hazing Policy.|
|g.||Joining, administering, representing, paying dues to, residing in housing affiliated with, or claiming membership in a banned or suspended student organization.|
|h.||Exposing one's own genitals, buttocks, or breasts in a public place (unless specifically authorized for activities such as theater productions or class).|
|a.||Violating the University Alcohol and Drug Abuse Policy including but not limited to:|
|1.||Use or possession of alcoholic beverages under the age of 21.|
|2.||Manufacture or distribution of alcoholic beverages (except as expressly permitted by University policy).|
|3.||Possessing an open container of an alcoholic beverage on University premises (except as expressly permitted by University policy).|
|5.||Use or possession of any illegal drug or controlled substance (including prescribed medications) except as expressly permitted by law.|
|6.||Manufacture or distribution of any illegal drug or controlled substance (including prescribed medications) except as expressly permitted by law.|
|b.||Using, possessing, or storing any weapon on campus without authorization.|
|c.||Using, possessing, or storing fireworks, explosives, or dangerous or flammable chemicals on University premises without express permission from a University official.|
|d.||Intentionally misusing, damaging, or tampering with fire or other safety equipment, including covering or disabling a smoke detector.|
|a.||Intentional misrepresentation, including but not limited to:|
|1.||Providing false or misleading information to a University official.|
|2.||Filing a false or misleading report with University officials or law enforcement officials.|
|3.||Manufacture, use, or possession of false documents, identification, or access devices.|
|b.||Being in, on, or using University premises or property without express permission from a University official.|
|c.||Misuse of property or services, including but not limited to:|
|1.||Taking, using, or possessing property without the express permission of its owner or utilizing a service without express authorization from its provider.|
|2.||Refusing to return property to its owner when requested or refusing to discontinue the use of a service when requested to by its provider.|
|3.||Transferring or accepting the transfer of property or services that are known to be non-transferrable.|
|4.||Knowingly accepting, using, or possessing improperly obtained property or services.|
|d.||Destroying, damaging, or vandalizing property.|
|e.||Inappropriately participating in the Code of Conduct and/or hearing processes, including but not limited to:|
|1.||Providing false or misleading information during the conduct process.|
|2.||Disrupting a conduct meeting or hearing.|
|3.||Filing a conduct complaint as a means to retaliate against, harass, coerce, or intimidate another person.|
|4.||Attempting to influence the impartiality of a hearing body or other involved party prior to or during the course of proceeding conduct meeting or hearing; harassment or intimidation of a hearing body, during, or after a conduct meeting or hearing.|
|5.||Influencing another person to engage in any of the aforementioned acts.|
The Director of Student Conduct shall select, train, and oversee a number of conduct officers as he deems advisable for the effective maintenance of the conduct process. Conduct officers shall be authorized to investigate and resolve all conduct cases arising under this Code.
The Director of Student Conduct shall establish a number of councils and boards as he deems advisable for the effective maintenance of the conduct process. There shall be a pool of council and board members. The pool of faculty and staff members shall be drawn from the College of Arts and Sciences, the Goizueta Business School, the Woodruff School of Nursing, and the Division of Campus Life. The pool of undergraduate students shall be from the College of Arts and Sciences, the Goizueta Business School, and the Woodruff School of Nursing.
The following standing boards and councils are established:
The Director of Student Conduct shall select, train, and oversee members of all boards and councils established under this Code. The Director of Student Conduct may remove members of a board or council if the Director determines that member is unable or unfit to discharge the duties of the board or council.
Any person wishing to report an alleged incident of misconduct under this Code may make such report to the Director of Student Conduct. Reports generated by Sorority and Fraternity Life and Residence Life and Housing, as well as Emory Police, will be forwarded to the Director of Student Conduct for review. The Director will determine whether disciplinary action should be taken in response to a report. This determination may result in the report being assigned to a conduct officer for preliminary review, or assignment to the Peer Review Board for an informal hearing. Reports of alleged misconduct which meet the criteria for medical amnesty may be resolved as outlined within the Medical Amnesty Policy.
The Director of Student Conduct will notify a student when he determines disciplinary action should be taken in response to a report. When the Director assigns the report to a conduct officer for a preliminary meeting, the Director of Student Conduct will notify the student in writing that he or she must make an appointment for a preliminary meeting within three days of the date on the written notice. Failure to schedule or attend this meeting will result in the preliminary review being conducted without the benefit of the student's input. The Director of Student Conduct, at his discretion, may place a class registration and/or transcript hold on the student's OPUS account for failing to respond to request to schedule a meeting or failing to attend a scheduled meeting.
For reports that result in assignment to the Peer Review Board for an informal hearing, the Office of Student Conduct will notify the accused student in writing of his or her scheduled hearing date, time, and location. Failure to attend this hearing will result in the board making a decision on the alleged misconduct without the benefit of the accused student's input.
For reports alleging misconduct by an organization, the president of that organization shall be the designated representative of the organization in all conduct proceedings. In this Code, all references to an accused student may also refer to an accused organization.
The Director of Student Conduct may assign a report for preliminary review by a conduct officer. The purpose of a preliminary meeting is to allow the student to share their perspective on the incident, review other pertinent information, and determine if there is sufficient information to charge the student with violating this Code. The conduct officer shall review the report and gather any additional information to assist in making his or her decision. This will include meeting with the student to ascertain his or her perspective on the report.
For cases assigned to a conduct officer for investigation, a preliminary meeting shall occur between a conduct officer and the accused student to review the report as well as to ascertain the accused student's perspective on the incident. The purpose of this meeting is to review the alleged misconduct with the accused student, and to determine if, in the conduct officer's determination, the accused student violated the Code. If the conduct officer determines this Code was not violated by the accused student, then the student shall not be charged. If the conduct officer determines it is likely that the Code was violated by the accused student then the conduct officer will meet with the student to outline the charge(s) and what information supports the charge(s). The accused student will then have the opportunity to accept or not accept responsibility for the charge(s).
If a student is charged and accepts responsibility for having violated this Code the conduct officer will make a sanction recommendation to the Director of Student Conduct. The Director shall determine the sanction and send notification to the student of the charges he or she accepted responsibility for, the sanction imposed, and the appeal process. When the Director conducts a preliminary review and finds the student responsible he shall make a sanction recommendation to the Special Assistant to the Senior Vice President and Dean of Campus Life, who shall determine the sanction and send notification to the student as outlined above.
If a student is charged and does not accept responsibility for the charge(s) or declines to make a decision, then the student shall have a formal hearing. The accused student shall have the right to select a formal hearing before either a chairperson of the University Conduct Council or a panel of the University Conduct Council. Failing to choose shall result in the Director of Student Conduct making this choice on the student's behalf.
Accused students who are referred to the Peer Review Board shall have informal hearings. The purpose of an informal hearing is to examine the report, determine if the student has committed a violation of this Code and, if necessary, make a sanction recommendation to the Director of Student Conduct.
In situations where multiple students are alleged to have violated the Code based on their behavior in one incident the Peer Review Board may, at its discretion, hold a joint hearing for all of the accused students. In a joint hearing all information and testimony are reviewed for all accused students, and the Board makes an independent decision with respect to each student regarding responsibility and, if necessary, what sanctions are to be recommended.
The following procedures and rules shall apply to all informal hearings:
The Board may adopt additional procedures and rules as deemed necessary to the orderly operation of the hearing, provided that those procedures and rules do not conflict with the provisions of this Code.
Students who are formally charged with violating this Code shall have a formal hearing. The purpose of a formal hearing is to examine the report, the results of the preliminary meeting, and additional information relevant to the report in order to make a determination of responsibility, and if necessary to make a sanction recommendation.
In situations where multiple students are alleged to have violated the Code based on their behavior in one incident the hearing body may, at its discretion, hold a joint hearing for all of the accused students. In a joint hearing all information and testimony are reviewed for all accused students, then the hearing body makes an independent decision with respect to each student regarding responsibility and, if necessary, what sanctions are to be recommended.
The following procedures and rules shall apply to all formal hearings:
The Council may adopt additional procedures and rules as deemed necessary to the orderly operation of the hearing, provided that those procedures and rules do not conflict with the provisions of this Code.
Student organizations will be held accountable for actions committed by their members acting on behalf of the organization that reflect upon the organization as a whole or upon the University community. Actions taken against an organization are different than actions taken against individuals and in certain situations disciplinary action may be taken against both individual actors and the organization for the same action(s).
In any case involving a student organization, athletic team, club or other group, the organization's president or her/his designee, or similar group leader, shall be the official representative in the conduct process. All communication regarding any pending conduct matter will be sent to the organizational representative, who can then convey the information to organizational members unless otherwise instructed not to do so by the Director of Student Conduct or his designee.
For cases assigned to a conduct officer for investigation, a preliminary meeting shall occur between a conduct officer and the organizational representative of the accused student organization to review the report as well as to ascertain the accused organization's perspective on the incident. The purpose of this meeting is to review the alleged misconduct with the organizational representative, and to determine if, in the conduct officer's determination, the organization violated the Code. If the conduct officer determines this Code was not violated by the accused organization, then the case shall be dismissed. If the conduct officer determines it is likely that the Code was violated by the accused organization then the organizational representative will be advised of the alleged violations and shall have the opportunity to accept or not accept responsibility for each alleged violation of this Code.
If the organizational representative accepts responsibility for having violated this Code, the conduct officer will make a recommendation of sanction(s).
If an organizational representative does not accept responsibility for an alleged violation or declines to make a decision, then the organization shall have a formal hearing. The organizational representative shall have the right to select a formal hearing before either a conduct officer or the University Conduct Council. Failing to choose shall result in the Director of Student Conduct making this choice.
Organizations that are formally charged with misconduct that do not participate in the conduct process by scheduling or attending a preliminary meeting or by making elections regarding the disposition of their case shall have a formal hearing. The purpose of a formal hearing is to examine the report of misconduct, the results of the initial conduct officer's investigation and additional evidence or testimony relevant to the case in order to make a determination of responsibility, and if necessary to make a sanction recommendation.
The following procedures and rules shall apply to all formal hearings:
Each hearing body may adopt additional procedures and rules as deemed necessary to the orderly operation of the hearing, provided that those procedures and rules do not conflict with the provisions of this Code.
The University reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. The Senior Vice President and Dean for Campus Life is charged with the welfare of all students. Accordingly, in appropriate situations, the Senior Vice President and Dean for Campus Life or his designee has full authority to deal with student conduct according to the exigencies of the situation and for its duration.
Students participating in the conduct process shall have the following rights:
Students participating in a formal hearing shall have the following additional rights:
An accused student may elect to waive some or all of these procedures and rules. Such an election must be made in writing to the Director of Student Conduct. If waived, the student may not file an appeal based on the ground that the waived right was not provided.
To protect the educational and non-adversarial nature of the conduct process, guidelines for participation of advisors will be strictly enforced. In general, participation of advisors is only allowed on behalf of respondents or complainants during formal hearing proceedings. Requests to have advisors present during other elements of the conduct process may be granted at the discretion of the Director of Student Conduct. At all times, advisors must follow the guidelines for their participation.
The term advisor is defined as a current member of the Emory University community: faculty, staff, or student, who provides assistance to an accused student or complainant at that student's request during a formal hearing. The role of the advisor is to support the student. An advisor may not play an active role such as giving statements or questioning witnesses. An advisor may not speak for or on behalf of the student. A student may consult with his/her advisor during breaks in the hearing, or an advisor may make whispered or written comments to the student during the hearing, provided such comments do not interfere with the hearing process.
In determining appropriate sanctions, consideration may be given to:
Conduct officers, Peer Review Board panels and University Conduct Council panels and chairpersons may make sanction recommendations for students who have accepted responsibility or been found in violation of this Code. These recommendations shall be reviewed by the Director of Student Conduct, or the Special Assistant to the Senior Vice President and Dean for Campus Life in the event that the Director of Student Conduct is the assigned conduct officer or chair of the Council. Based on this review, the recommended sanctions or sanctions of greater or lesser severity may be imposed.
The dean of the school in which a student is enrolled will be advised of any decision resulting in the student's suspension or expulsion.
The following sanctions, singularly or in combination, may be imposed upon any student or organization found to have violated this Code.
The University reserves the right to place a hold on the diploma, degree certification, official transcripts, or registration of the accused student even though he or she may have completed all academic requirements. The diploma, degree certification, official transcripts, or registration may be withheld until any allegations of misconduct are resolved and/or sanctions as well as other conduct obligations completed.
Complainants and respondents participating in the conduct process set forth in this Code may appeal the outcome of the process. Except as required to explain the basis of new information, appeals are limited to a review of the existing file for one or more of the following purposes:
Appeals must be submitted within seven days from the day the student is notified the outcome of the case in a manner prescribed by the Director of Student Conduct. Once an appeal is properly lodged, all outcomes associated with the process are held in abeyance until the appeal is decided.
Appeals are reviewed by the Appeal Board, which makes a non-binding recommendation to the Senior Vice President, who then makes the final decision regarding the appeal. The Senior Vice President will decide on one of the following outcomes:
The outcome of the appeal will be communicated by letter to the student and shall be final.
The University is not designed or equipped to rehabilitate students who do not abide by this Code. It may be necessary to remove those students from the campus and to sever the institution's relationship with them, as provided in this Code.
Any question of interpretation or application of this Code shall be referred to the Senior Vice President and Dean for Campus Life or his designee for final determination.
Conduct records may be shared within the University with those individuals with an educational need to know, as provided by federal law. To the extent permitted or required by law, the complainant or victim may also receive notice of the outcome of the conduct process. Students should be aware that the outcome of conduct proceedings may result in actions by other departments of the University over which the Office of Student Conduct has no direct control. Student Conduct records may be also released to other institutions as permitted or required by applicable law.
Formal notification of conduct action resulting in University probation, suspension, and expulsion shall be forwarded to the dean of the student's appropriate academic unit by the Director of Student Conduct. The dean of each school shall determine how this documentation will be stored and referenced within the school.
The Director of Student Conduct shall:
Students may be accountable to both civil authorities and to the University for acts that constitute violations of the law and this Code. Those accused of violations of this Code are subject to the University disciplinary proceedings outlined in this Code while criminal, civil, or other University proceedings regarding the same conduct are pending. Accused students may not challenge the University disciplinary proceedings outlined in this Code on the grounds that criminal allegations of possible violations, civil actions, or other University proceedings regarding the same incident are pending, may be initiated, or have been terminated, dismissed, reduced, or not yet adjudicated. The University will refer matters to federal, state, and local authorities when appropriate.
Nothing in this document constitutes a contract or creates a contractual obligation on the part of Emory University. The University reserves the right to interpret and apply its policies and procedures, and to deviate from these guidelines, as appropriate in the particular circumstances and in accordance with the mission and goals of the University. The University further reserves the right to alter or modify any statement contained in this document without prior notice.