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Student Rights and Responsibilities

Code of Student Conduct

LOUISIANA STATE UNIVERSITY SHREVEPORT CODE OF STUDENT CONDUCT

(Adapted from the Louisiana State University Agricultural and Mechanical College Code of Student Conduct.)

1.0 COMMITMENT TO COMMUNITY

The LSUS Commitment to Community provides a guiding ethos to the University community. Students are encouraged to exemplify the Commitment to Community in their daily lives. LSUS is an interactive community in which students, faculty, and staff together strive to pursue truth, advance learning, and uphold the highest standards of performance in academic, social, and social media environments. The campus community fosters individual development and the creation of bonds that transcend the time spent within its boundaries.

To demonstrate my pride in LSUS, as a member of its community, I will:

  • accept responsibility for my actions;
  • hold myself and others to the highest standards of academic, personal, and social integrity;
  • practice justice, equality, and compassion in human relations;
  • respect the dignity of all persons and accept individual differences;
  • respect the environment and the rights and property of others and the University;
  • contribute positively to the life of the campus and surrounding community; and
  • use my LSUS experience to be an active citizen in an international and interdependent world.

The continued success of LSUS depends on the faithful commitment by each community member to these, our basic principles.

2.0 GOVERNANCE OF THE UNIVERSITY

The University has the legal right to establish standards for academic and personal conduct for continued membership in the University community, to deny membership to those who do not meet these standards, and to impose outcomes and discipline on any student who is found in violation of these standards.

Within the Dean of Students Office, Student Advocacy & Accountability (SAA) is responsible for administering this Code of Student Conduct (the “Code”). SAA generally cannot make public comment on any individual’s case, as per the Family Educational Rights and Privacy Act (FERPA). However, in limited circumstances, as required or allowed by law, information relative to certain incidents and case statistics may be disclosed.

The University Hearing Panel (UHP) will initiate periodic reviews of this Code. The Code may be amended at any time by majority vote of the Student Affairs Committee, subject to approval by Faculty Senate and the Chancellor.

3.0 STATEMENT OF POLICY

3.1 General Rights and Responsibilities

All students are bound by this Code, the Bylaws and Regulations of the Board of Supervisors, University Policy Statements, and Permanent Memoranda. Any student found in violation of the aforementioned policies may be held accountable and be subject to the accountability process outlined in this Code. The Code can be found online at www.lsus.edu/studentconductcode.

Additionally, faculty and staff are required to follow the procedures outlined in this Code when they become aware of behavior that may violate the standards of this Code.

3.2 Purpose of the Code of Student Conduct

The purpose of the Code is to engage students on issues of community membership, encourage responsible decision making, safeguard the health and welfare of all members of the University community, protect University property, and promote academic integrity including class attendance.

3.3 Implementation of Rights

The Code is the University's document governing student conduct and the accountability process. All discipline imposed upon a student must be in accordance with the provisions of this Code (except allegations of research misconduct which are administered under Policy Statement 2.09.00).

A student’s failure to adhere to any professional and/or ethical requirements of a particular program may be considered and addressed pursuant to written program guidelines or requirements. To the extent the conduct at issue may also constitute a violation of this Code, faculty and staff must refer the matter to SAA.

3.4 Amnesty

Student safety is of utmost importance to the University. To encourage students to make responsible decisions, the University recognizes the need for amnesty from University sanctions in certain situations. Amnesty under this policy, when granted, excuses a student or registered student organization (RSO) from University sanctions under the Code. Amnesty is intended to promote action when an emergency situation is present. Amnesty is not intended to excuse any student or organization causing the emergency situation or unsafe condition. The decision to grant amnesty will be determined by the Dean of Students and/or SAA on a case-by-case basis.

Amnesty, under this policy, is limited to violations of the Code and has no bearing on actions taken by any law enforcement agency, including the LSUS Police Department. To qualify for amnesty, a student or RSO is encouraged to:

  1. report any incident or medical emergency by contacting the appropriate University officials, including law enforcement, the LSUS Police Department, or 911, when appropriate,
  2. remain with any student needing attention or emergency treatment,
  3. cooperate with University or emergency officials,
  4. coordinate with University officials after the incident, and
  5. cooperate with any University investigation.

Medical Amnesty. The University recognizes the need for emergency response amnesty (“medical amnesty”) in certain alcohol, drug, physical, and emotional distress related emergencies and situations. Medical amnesty may be available in the following situations:

  • a student seeking medical attention for themselves
  • a student seeking medical attention on behalf of another student
  • a RSO seeking medical attention for a student

Medical amnesty will not be granted for other policy violations (outside of alcohol and drug related violations) that may have occurred during the incident. In order to qualify for medical amnesty, the student or RSO must comply with University requests for an educational conversation, assessment, and any potential referrals for additional services or treatment and/or outcomes to address the behavior.

Non-Medical Amnesty. The University recognizes the need for amnesty in certain behavioral situations, which do not require immediate emergency medical response (“non-medical amnesty”). In order to qualify for non-medical amnesty, the student and/or RSO must notify the University of the specific concerns in advance of the University having knowledge of the incident for which non-medical amnesty is sought. In order to qualify for non-medical amnesty, the student or RSO must agree to comply with appropriate educational outcomes to address the behavior.

Non-medical amnesty is also available to a student or RSO who proactively seeks clarification of University rules prior to engaging in questionable conduct.

4.0 DEFINITIONS

The listed terms and phrases are defined as follows:

4.1 Academic Misconduct

Those violations detailed in the Code that are specific to academic student behavior. Certain conduct may constitute both academic and behavioral misconduct.

4.2 Administrative Outcome

An optional informal resolution available when a charged student or charged RSO accepts responsibility for a violation(s) of this Code and agrees to outcome recommended by the Director of SAA. The Director of SAA will offer an administrative outcome when appropriate based on the circumstances of the referral.

4.3 Advisor

An individual allowed to offer support to a charged student or RSO during the accountability process. An advisor may not have personal involvement regarding any facts or circumstances of the charge.

4.4 Behavioral Misconduct

Those violations detailed in the Code that are specific to non-academic student behavior. Certain conduct may constitute both academic and behavioral misconduct.

4.5 Campus

Campus includes all land, buildings, property, and facilities in the possession of, owned by, used by, or controlled by the University, regardless of contiguity or proximity. This includes land leased to others, property owned, managed or maintained by the University, and all streets, alleys, sidewalks, and public ways adjacent to any land of the University or the land upon which housing is located even if the housing is not owned by the University.

4.6 Chancellor

The person holding this position within the University. The Chancellor may delegate the authority to perform any of the duties assigned to the Chancellor in this Code.

4.7 Charge Letter

The written notice sent to a student or RSO of the allegations and corresponding Code sections to be addressed.

4.8 Charged Student or Charged RSO

A student or RSO who has received notice of allegations detailing a potential violation of the Code, contract, Bylaws and Regulations of the Board of Supervisors, Policy Statement, or Permanent Memoranda of the University.

4.9 Dean of Graduate Studies

The person holding this position within the University. The Dean of Graduate Studies may delegate the authority to perform any of the duties assigned to him or her in this Code.

4.10 Dean of Students

The person holding this position within the University. The Dean of Students may delegate the authority to perform any of the duties assigned to the Dean of Students in this Code. To the extent necessary, the Dean of Students shall decide any question related to interpretation or application of this Code.

4.11 Impact Statement

An impact statement is an oral or written statement provided by a complainant detailing the impact of a violation toward them.

4.12 Initial Meeting

An opportunity for the charged student or charged RSO to address the allegations and charges with the Director of SAA.

4.13 Instructor

Any Professor, Associate Professor, Assistant Professor, Instructor, Adjunct Faculty, Graduate Teaching Assistant, Teaching Assistant, or other professional charged with oversight of a lab, class, section, or course for academic credit at the University.

4.14 Interim Measure

At any time after becoming aware of a complaint, a University official may impose that interim protections or remedies for the parties involved, witnesses, or RSOs will be provided by appropriate University officials. Remedies may include issuing a timely warning to the campus community, separating the parties, placing limitations on contact between the parties, interim suspension from campus, or making alternative workplace, classroom, course scheduling, dining, or student housing arrangements. Interim measures may vary depending on the nature of the complaint, status of respondent, or other criteria. All parties shall be notified of the availability of these measures as well as the fact that such measures are put into effect.

4.15 Not Responsible

The finding that indicates a student or RSO is not in violation of the Code.

4.16 Outcome

A resolution and any requirements, restrictions, or change in student status that have been assigned to the student by the Director of SAA or University Hearing Panel (UHP).

4.17 Referral

A written complaint against a student or RSO forwarded to SAA. A referral may be submitted by any individual(s). Anonymous referrals may be considered at the discretion of SAA.

4.18 Registered Student Organization (RSO)

An organization that has fulfilled all the requirements established by the University for official recognition.

4.19 Reporting Party

An individual who submits a referral against a student or RSO alleging misconduct under the Code.

4.20 Responsible

The finding or acknowledgment that indicates a student or RSO is in violation of the Code.

4.21 RSO Action

Any action by one or more that intends to or may lead others to reasonably believe that a specific RSO was represented or affiliated with the action. A finding of an RSO action is determined on a case by case basis, but may be based on the use of signs, symbols, or phrases; the use of specific practices or rituals; the posting on affiliated social media; or membership-related discussion.

4.22 Social Media

For the purposes of this policy, understood to include blogs, wikis, microblogs, message boards, chat room, electronic newsletters, online forums, social networking sites, and other sites and services that permit user to share information with others on the internet. Examples of social media include, but are not limited to Facebook, Instagram, SnapChat, Tumblr, Twitter, and GroupMe.

4.23 Student

For the purpose of this Code, any person admitted to LSUS or enrolled or scheduled to be enrolled in a course for academic credit through LSUS. This includes any person attempting to fulfill requirements for academic credit through LSUS, even if not currently enrolled.

4.24 Student Advocacy & Accountability (SAA) and Director of SAA

SAA is the Office and staff responsible for the implementation and administration of the Code. The Director of SAA is the person who oversees and implements provisions of this Code. The Director of SAA may delegate the authority to perform any of the duties assigned to him or her in this Code. To the extent necessary, the Director of SAA shall decide any question related to interpretation or application of this Code.

4.25 University or LSUS

University or LSUS refers to Louisiana State University Shreveport.

4.26 University Hearing Panel (UHP)

A group of individuals with responsibility under this Code to hear a case referred by the Director of SAA or after a student has declined an administrative outcome. A member of the UHP shall be designated as the panel chair.

4.27 Witness

A person who has knowledge of facts or circumstances pertaining to an alleged violation.

4.28 Written Communication

Written correspondence generated by SAA, including, but not limited to email. Any correspondence sent to a student’s university issued email address shall constitute actual notice under this Code.

5.0 JURISDICTION OF THE CODE

5.1 Jurisdiction of the Code

The Code applies to conduct that occurs on the campus, at LSUS sponsored activities, and/or when the student or RSO is representing LSUS. The University shall have discretion to extend jurisdiction over conduct that occurs off campus when the conduct adversely and significantly affects the learning environment or University community and would be in violation of the Code if the conduct had occurred on campus. In determining whether or not to extend jurisdiction, the University may consider its ability to gather information. The University may extend jurisdiction if the alleged conduct:

  1. Involves violence or produced a reasonable fear of physical harm; and/or
  2. Involves any other members of the University community or any academic work, records, documents, or property of the University.

Each student is responsible for conduct from the time of application for admission through the actual awarding of a degree, though conduct 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 even if the conduct is not discovered until after a degree is awarded.

5.2 Violation of Law and LSU Policy

Proceedings may be instituted against a student or RSO charged with conduct that potentially violates both the law and the Code without regard to the status of any civil, criminal, or other proceedings. Proceedings under this Code may be carried out prior to, simultaneously with, or following any civil or criminal proceedings.

6.0 RIGHTS AND RESPONSIBILITIES OF A CHARGED STUDENT OR RSO

6.1 Rights of a Charged Student or RSO

A charged student or RSO shall have the following rights:

  1. To be notified through written communication of any specific allegation and charge.
  2. To be provided a reasonable amount of time to respond to the charge letter.
  3. To refuse to comment or answer questions.
  4. To present information and/or any witness(es).
  5. To have any charge considered by a UHP.
  6. To schedule a time prior to the UHP hearing to inspect and review the information on which a charge is based.
  7. To have an outcome imposed that is commensurate with the violation.
  8. To have an advisor present during any meeting conducted under this Code.
  9. To receive a list of all witnesses to be called by the University at least one business day prior to a UHP. However, a UHP may continue the proceedings to allow the University to identify any witness to rebut any information presented by the charged student or RSO.
  10. To retain rights as a student or RSO while the charges are being considered, and, if found responsible, until the student or RSO has exhausted all rights of appeal as established in this Code. However, a student or RSO may be subject to an interim suspension, limitations, or conditions as set forth in this Code.

6.2 Responsibilities of a Charged Student or RSO

A charged student shall have the following responsibilities:

  1. To be honest.
  2. To schedule an initial meeting with the Director of SAA within five (5) business days from the time of issuance of the charge letter.
  3. To respond to or acknowledge all written communications and diligently participate in the accountability process.

6.3 Rights and Responsibilities of a Charged Student or RSO during a UHP

A charged student or RSO shall have the following rights and responsibilities during a UHP hearing:

  1. To request that any member of a UHP be excluded for good cause clearly established by the charged student or RSO. The charged student or RSO must make the request immediately after the introduction of the members of the UHP. The decision to exclude any UHP member shall be at the sole discretion of the Director of SAA.
  2. To present information in defense of the charge. The charged student or RSO must submit documents to SAA in advance of UHP to be included in UHP packets. Additionally, any information to be presented during the hearing must be presented to the SAA Office at least one business day in advance of the hearing unless otherwise specified by SAA in writing. This includes any item that will be provided to the UHP in either hard copy, digitally, or presentation format.
  3. To present any witness in defense of the charge. A list of all witnesses to be called by the charged student or RSO must be presented to SAA no less than one business day prior to the hearing unless otherwise specified by SAA in writing. SAA will contact any requested witnesses via email to confirm, but cannot guarantee attendance.
  4. To conduct reasonable questioning of any witnesses appearing at the hearing or providing statements. Whenever possible, a witnesses will present oral instead of written statements. Oral statements, written statements, previously written memoranda, letters, or other written materials may be presented at a hearing even if the witness is not present and the ability to question the witness was not possible at the time the written materials were prepared. The UHP may limit any questions or responses to pertinent information or to maintain order, avoid repetition, or prevent harassment or unnecessary embarrassment. The UHP may require that the charged student or RSO present questions in writing for a member to ask.
  5. To request assistance from SAA in bringing a witness to the UHP. The charged student or RSO may request that SAA assist in obtaining information from the University that is pertinent to the charge.
  6. To have personal information kept private to the extent allowed by law. The UHP is private. The only individuals allowed into the UHP are charged students, designated representatives of the charged RSO (if applicable), reporting party(ies), witnesses, an advisor for each charged student or RSO, UHP members, and the Director of SAA. Witnesses may be included or excluded at the discretion of the panel chair. Witnesses may only be present during the portion of the hearing in which they answer questions and/or provide information relevant to the charge. Only voting UHP members may remain during panel deliberations.
  7. To have prior violations of the Code excluded from review or consideration during the UHP’s determination of responsibility for the present charge, unless it is presented to directly rebut claims of no prior misconduct. If a charged student or RSO is found responsible, prior violations of the Code may be considered when the Director of SAA or the UHP is determining the outcome(s).
  8. To schedule a time to listen to the recording of the UHP proceedings. Only the University may record the UHP proceedings.
  9. To appeal any UHP outcome as detailed in this Code.

6.4 Proceeding in Absentia

  1. In the event a charged student or RSO fails to respond to a request to schedule an initial meeting, the Director of SAA may proceed with the accountability process without the charged student’s or RSO’s participation.
  2. The UHP may proceed without the charged student or RSO in attendance. If the Dean of Students or designee determines that the failure to appear is due to compelling circumstances, the Dean of Students may reschedule the UHP.

6.5 Rights of a Complainant

  1. Any and all rights extended to a charged student or RSO under Section 6.1 are extended to a complainant in cases of physical violence and/or sexual misconduct.
  2. To the extent allowed by law, the complainant of any act of physical violence or sexual misconduct may be notified of the outcome of the hearing.
  3. When participating in an initial meeting or UHP, the complainant may use conference call, written statement, video recording, closed-circuit television, privacy screen, or other measure for the complainant’s safety or wellness. The Director of SAA may require that the complainant respond to reasonable questions requested by the charged student or RSO in a format determined by the Director of SAA.
  4. The complainant is entitled to submit an impact statement for consideration by the Director of SAA or UHP during the outcome phase.

6.6 Role of Advisor

The Advisor's only function shall only be to assist and consult with the student or RSO regarding an initial meeting or UHP. The advisor may not act as a spokesperson for the student or RSO and may not directly address the Director of SAA, any UHP member, or any witness. The advisor may be an attorney, but participation shall be limited as stated above.

7.0 ACCOUNTABILITY PROCEDURES

7.1 Non-Discriminatory Application of Accountability Procedures

Application of this Code shall be based on the principle of equitable treatment without regard to race, creed, color, marital status, sexual orientation, gender identity, gender expression, religion, sex, national origin, age, disability, genetic information, or veteran status.

7.2 Initiation of Accountability Process

  1. Accountability Referral. Any person who has a reasonable basis to believe that a student or RSO may have committed a violation of this Code shall submit all such information to SAA. This submission may be in writing or communicated orally. In addition, official reports from LSUS Police Department, University Court Apartments (UCA), any University department, and other law enforcement entities will also be accepted.
  2. Investigation by the Director of SAA. The Director of SAA may investigate any alleged or potential misconduct. This investigation can include meetings with a complainant, interviews of other persons with knowledge pertaining to the facts and circumstances, and other types of information collection. The investigation can begin before or after a charge letter is issued.
  3. Disqualification of the Director of SAA. In the event the Director of SAA may be a reporting party or witness in an accountability proceeding or for any reason cannot perform official duties under these accountability procedures, the Dean of Students shall appoint another person to perform such duties.

7.3 Requiring a Student to Meet

The Director of SAA may require a student or RSO to attend an initial meeting or other proceeding in connection with an alleged or potential violation by sending an email to a student’s University email or physical address. The Director of SAA may prohibit or cancel the enrollment of, place a hold on the student’s records, or proceed to an administrative outcome or a UHP when a student or RSO fails, without good cause, to comply with a directive made under this Code. The modification to the student’s enrollment status may be lifted at the discretion of the Director of SAA when the student complies with the directive.

7.4 Administration of Charges

  1. The Director of SAA shall review each referral. Based on the review, the Director of SAA may decide on an appropriate course of action including, but not limited to:
    1. Take no action;
    2. Request to meet the charged student or RSO through an initial meeting, and, if found responsible, issue an administrative outcome;
    3. Initiate a proceeding before the UHP;
    4. Hold the referral for further inquiry; or
  2. If SAA decides to take no action, this does not preclude the Director of SAA from revisiting the referral at a later date.

8.0 MEETINGS

8.1 Meeting with the Director of SAA

  1. Most cases begin with an initial meeting between the Director of SAA and the charged student or RSO.
  2. A student or RSO is entitled to have an advisor present at an initial meeting.
  3. For the matter to be resolved administratively, the student or RSO must agree to accept the recommendation of the Director of SAA by doing the following:
    1. Accept responsibility for the conduct and the outcome in writing;
    2. Waive the right to have the case considered by a UHP; or
  4. The Director of SAA may refer a matter directly to a UHP for resolution.

8.2 University Hearing Panel

UHP hears alleged violations under this Code referred by the Director of SAA. If a charged student or RSO declines the administrative outcome or the Director of SAA declines to issue an administrative outcome, the matter will be referred to a UHP. A UHP is not an appeal of the outcome.

9.0 UHP COMPOSITION AND PROCEDURES

9.1 Faculty Members of the UHP

Six faculty members shall serve as voting members on the UHP, two from the College of Arts and Sciences, three from the College of Business, Education and Human Development, and one from the library. The Faculty Senate President serves ex-officio, as a non-voting member. Faculty members shall be appointed by the Faculty Senate to the UHP to serve five-year terms and may be reappointed for additional terms. Should faculty members be unable to attend a hearing, Faculty Senate members may serve as substitutes on an as needed basis.

9.2 Composition

  1. Three voting members of the UHP shall constitute a quorum. The UHP can be comprised of a maximum of six voting members. One panel member will serve as the panel chair.
  2. When, in the judgment of the Director of SAA, the subject matter of a proceeding makes it advisable to request the participation of an individual with special knowledge or technical expertise, the Director of SAA may appoint such persons to serve as a witness. This person will serve as a resource and may provide relevant information during the hearing.
  3. In cases involving academic misconduct, the charged student’s complete academic record will be available for review by UHP members.
  4. UHP members are required to attend specialized training prior to hearing referrals involving allegations of sexual misconduct.
  5. UHP members with direct supervisory power over an accused student must recuse themselves from the hearing.

9.3 Procedures

  1. A charged student or RSO will be notified in writing of the time, date, and place of the UHP.
    1. Any documentation a student or RSO wishes to present to panelists during a UHP must submit the information to SAA at least one business days in advance of the UHP unless otherwise specified by SAA in writing.
    2. The name of any party who may be called as a witness during the UHP must be submitted to SAA at least one business day in advance of the UHP unless otherwise specified by SAA in writing.

  2. If the student or RSO fails to appear, the UHP may proceed in absentia and the right to appear and present to the UHP will be deemed waived.
  3. The Director of SAA may participate in the hearing as a reporting party or witness. Under these circumstances, the Dean of Students shall appoint another person to perform duties assigned to him or her in this Code.
  4. An outcome by the UHP finding the student or RSO responsible for a violation of this Code shall be based solely on the information presented to the UHP.
  5. Any past violation may not be introduced or considered in the deliberation of responsibility for a charge unless presented to directly rebut claims by the student or RSO of no prior misconduct. If the charged student or RSO is found responsible for the violation, record of any past violation may be considered by the UHP in determining an outcome.
  6. The UHP may elect not to hear an individual not previously identified as a witness.
  7. Responsibility will be determined using a standard of a preponderance of the evidence or more likely than not. Evidentiary rules applicable to civil and criminal cases shall not apply to the accountability process. Pertinent information regarding any alleged violation may be considered, including hearsay, and will be weighed accordingly. A finding of responsibility must be supported by the available information.
  8. A majority vote of the panel members present is required to find a student or RSO responsible or not responsible for a violation(s) of the Code.
  9. The Director of SAA may establish additional procedures for the UHP.

10.0 MISCONDUCT

10.1 Academic Misconduct

High standards of academic integrity are crucial for the University to fulfill its educational mission. To uphold these standards, procedures have been established to address academic misconduct. A student is responsible for submitting work for evaluation that reflects the student’s performance. If a student has a question regarding the instructor’s expectations for assignments, projects, tests, or other items submitted for a grade, it is the student’s responsibility to seek clarification from the instructor.

An instructor may not assign a disciplinary grade, such as an "F" or zero on an assignment, test examination, or course as a sanction for admitted or suspected academic misconduct in lieu of referring the student to SAA under the provisions of this Code. Grades assigned as a result of academic misconduct must be in accordance with this Code.

A student found responsible for academic misconduct may NOT drop the course in which the violation occurred. Any student who drops the course without written permission from SAA will be re-enrolled in the class and then given the appropriate grade as provided in the outcome.

A student may be charged with academic misconduct for the following acts or omissions:

  1. Collaboration. Unauthorized interaction between two or more individuals on any academic work by giving, receiving, or otherwise sharing information without permission of the instructor.
  2. Collusion. Communicating with another student or other individual during an examination or assignment without the permission of the instructor.
  3. Copying. Copying from another student's academic work; assisting with copying by making answers or other completed assignments available, in whole or part, to another student, whether or not the recipient’s intentions to copy were known to the student prior to the sharing.
  4. Failure to Follow Course Requirements. Failure to adhere to standards of conduct for academic integrity that are promulgated by an academic unit or instructor.
  5. False information. Falsifying or fabricating any information, data, or citation in any academic work or documents intended to support medical excuses.
  6. Misrepresentation. Misleading an instructor as to the condition under which the work was prepared including, but not limited to, substituting for another student or permitting another person to substitute for oneself on any academic work.
  7. Other Academic Misconduct. Attempting to commit, or assisting someone in the commission or attempted commission of an offense defined in this section, or any other act of academic misconduct.
  8. Plagiarism. Lack of appropriate citation, or the unacknowledged inclusion of someone else's words, structure, ideas, or data; failure to identify a source, or the submission of essentially the same work for two assignments without permission of the instructor.
  9. Unauthorized Materials. Using any material, technique, or device on an academic assignment that is prohibited; having any forbidden or unauthorized material, technique or device in sight during an examination or quiz will be considered a violation.

10.2 Behavioral Misconduct

A student or RSO may be charged with behavioral misconduct for any of the following acts or omissions:

  1. Alcohol. Unlawful or unauthorized possession, use, distribution, delivery, or sale of alcohol and/or public intoxication; consumption that endangers oneself; or operating a vehicle while intoxicated or under the influence of alcohol.
  2. Coercive Behavior. An act by an individual or a group that, as an explicit or implicit condition for initiation to, admission into, affiliation with, or continued membership in a group or organization, regardless of consent, which tends to or which is intended to demean, disgrace, humiliate or degrade a student, which includes, but not limited to forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of a student. Examples of coercive behavior include, but are not limited to, line-ups, scavenger hunts, and personal servitude.
  3. Complicity. Attempting to commit, knowingly permitting, encouraging, or assisting others with the commission or attempted commission of any act, omission or conduct prohibited under this Code.
  4. Computer Misuse. Unauthorized access or entry into a computer, computer system, network, software, or data; alteration of computer equipment, software, network, or data; failing to comply with laws, license agreements, and contracts governing network, software, and hardware use; using University computing resources for prohibited activities; using University computing resources for unauthorized solicitation or commercial purposes or any violation of LSUS computer policies.
  5. Disorderly Conduct. Behavior that impairs or interferes with the orderly functions or processes of the University or the reasonable safety, security, or use of members of the University community.
  6. Disruption/Obstruction. Disruption or obstruction of teaching, research, administration, accountability proceeding, or other University activities and/or the performance of duties of University personnel or contractors.
  7. Drugs. Possession, use, public intoxication, sharing, furnishing, or distribution of illegal drugs, intoxicants, controlled substances, drug paraphernalia, or prescription medication contrary to a valid prescription.
  8. Endangerment. Physical abuse or force against one’s self, another individual, or group, or the reasonable apprehension or threat of such harm; conduct that endangers the health, safety, or well-being of one’s self or another person or group.
  9. Failure to Comply. Defying the order or instruction of a University official, other authorized person on behalf of the University or any University policy, contract, mandate, or rule.
  10. False Information. Providing false information to a law enforcement officer, to the University or a University official, or making an intentional or reckless misrepresentation which creates an unfair advantage or is reasonably likely to damage, mistreat, or harm another.
  11. Forgery. Altering, falsifying, or otherwise misrepresenting documents to the University or relating to any University official or office.
  12. Harassment. Repeated, persistent, severe, or pervasive action directed toward a specific individual or individuals with the intent or effect to harass, harm, or alarm, through oral, written, graphic, physical, or social media contact. Harassment includes attempted or threatened physical contact or an act that creates the reasonable apprehension of unwanted contact, or any repeated pattern of verbal communications or nonverbal behavior, without invitation or over an individual’s objection, which includes but is not limited to, making telephone calls, emails, electronic communications, or sending letters or pictures.
  13. Hazing. Hazing means an act by an individual or a group that, as an explicit or implicit condition for initiation to, admission into, affiliation with, or continued membership in a group or organization, regardless of consent:

    1. Endangers the physical health or safety of a person or would cause a reasonable person severe emotional distress;
    2. Results in the destruction or removal of public or private property;
    3. Involves the consumption of alcohol or drugs;
    4. Involves the consumption of substances to excess or placement of substances on the body;
    5. Involves sexual activity;
    6. Involves violation of federal, state, or local law or University policy; or
    7. Disrupts the academic performance or class attendance of a person.

    It is not a defense to a charge of hazing that (i) the consent of the person had been obtained; (ii) the conduct or activity that resulted in the death or injury of a person was not part of an official organizational event or was not otherwise sanctioned or approved by the organization; or (iii) the conduct or activity that resulted in death or injury of the person was not done as a condition of membership to an organization.

    The following is a non-exclusive list of examples of acts which, regardless of severity, constitute hazing:

    • Physical brutality, such as whipping, beating, paddling, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;
    • Physical activities, such as sleep deprivation, exposure to the elements or extreme conditions, imprisonment, confinement, or calisthenics;
    • Consumption of food, liquid, or any other substance, including, but not limited to, alcoholic beverages or drugs, that subjects the person to an unreasonable risk of harm or that may adversely affect the physical health or safety of the person;
    • Placement of substances on the body of a person;
    • Kidnapping or dropping a person off campus without return transportation;
    • Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.
  14. Identity Misuse. Illegal or unauthorized use of an identification card, password, access code or number; including, but not limited to permitting another student or non-student to use a University or government issued identification card; alteration or sale of an identification card.
  15. Improper Sales & Solicitation. Unauthorized or prohibited solicitation, sale, fundraising, canvassing, distribution or posting of any written material, email, web, or printed material, including, but not limited to, any offer to sell or purchase an identification card for improper use or any offer to sell or purchase academic materials which, if used, would result in academic misconduct.
  16. Offensive Behavior. Lewd, indecent, or obscene conduct, in a public place including, but not limited to, nudity, indecent exposure, or sexually explicit behavior that would reasonably be offensive to others. Offensive behavior also includes unsolicited lewd, indecent, or obscene conduct transmitted electronically or over social media and directed to an individual.
  17. Property Misuse. Intentional or reckless destruction, defacement or damage to University property or to the property of any individual or group.
  18. Safety. Tampering with or unapproved activation of any safety equipment and/or warning system; setting or causing a fire on campus; engaging in dangerous activities contrary to posted or verbal warnings.
  19. Sexual Harassment. Repeated, severe, or pervasive actions of a sexual nature directed toward a specific individual(s) with the intent or effect to embarrass, harass or alarm, including actual, attempted or threatened physical contact, or acts that create a reasonable apprehension of such behavior, conduct or contact of a sexual nature that creates an intimidating, hostile, or offensive campus, educational, or working environment for another person;
  20. Sexual Misconduct. Any sexual act or contact of a sexual nature that occurs, regardless of personal relationship, without the full consent of another individual, or that occurs when another individual is unable to give consent or whose consent is coerced or obtained in a fraudulent manner. Sexual misconduct includes, but is not limited to, sexual assault, sexual abuse, violence of a sexual nature, allowing a third party to observe sexual behavior without all parties’ consent, non-consensual sexual intercourse, sexual exploitation, video voyeurism, contact of a sexual nature with an object, or the obtaining, posting, or disclosure of intimate photos, or videos without the express consent of all persons depicted therein, dating violence and domestic violence, the use of express or implied threats, intimidation, or physical force which places an individual in fear of immediate harm or physical injury, or inhibits an individual’s ability to consent and causes a person to engage in unwelcome sexual activity.
  21. Stalking. Repeated, unwanted conduct toward or contact with another individual, including, but not limited to, following someone, lying in wait, persistent presence around an individual, contacting an individual verbally, electronically, via social media or third party over the individual’s objection, or threats to an individual or to the individual’s family, friends or property, that would cause a reasonable person fear or substantial emotional distress.
  22. Theft. Using, depriving, removing, or possessing the property and/or services of the University or another individual without entitlement or authorization.
  23. Trespassing. Unauthorized entry or use of any property or facility.
  24. Unauthorized Surveillance. Creating, making, possessing, storing, sharing, or distributing unauthorized video, digital, or photographic images of a person taken in a location in which that person has a reasonable expectation of privacy.
  25. Violating a Rule of the University. Violating, attempting to violate, or assisting in the violation of any contract, rule, policy, bylaw, and/or regulation of the University.
  26. Weapons. Possession on one’s person, which includes any bag, case, container, purse, clothing, or backpack and/or use of any weapon, defined as any object used or designed to inflict or attempt to inflict harm or injury or fear of harm or injury. Weapons include, but are not limited to, firearms, facsimile guns, air guns, knives, explosives, any dangerous chemical, or biological agent or any other object or material capable of causing harm, and used by the offending person to inflict or attempt to inflict fear, harm, or injury.

11.0 OUTCOMES

11.1 General

The accountability process intentionally uses outcomes to encourage positive change and developmental growth and to protect persons, property, and the integrity of the University. A student will receive notice of assigned outcomes in writing via University e-mail, along with specific conditions required for successful completion.

The Director of SAA, Dean of Students, or UHP may delay registration for classes or withhold the issuance of an official transcript, grade, diploma, or degree to a student alleged to have violated a rule or regulation of the University who has not completed an outcome or has failed to respond to an SAA directive. The Director of SAA may confer with the UHP relative to outcomes.

11.2 Accountability Outcomes

The following outcomes may be imposed or instituted by the University for any violation of this Code:

  1. Warning. A written warning issued to a student or RSO, indicating that responsibility for a violation of the Code. This will be in effect for a specified time period and will not be recorded on the student’s academic transcript.
  2. Disciplinary Probation. Disciplinary probation is a status for a specified period of time during which any further violation of the Code or University policy jeopardizes the status of the student or RSO with the University.
    1. Disciplinary probation without restriction would allow students to participate in student organization leadership, intramurals, LSUS study abroad programs, or other specified co-curricular activities.
    2. Disciplinary probation with restriction includes loss of privileges. For students, this may include removal from residential facilities, inability to hold a position of leadership in an RSO, exclusion from participation in intramurals, exclusion from LSUS study abroad programs, or restriction of other representation of the University.
    3. Disciplinary probation will not be recorded on the student’s academic transcript.
    4. Disciplinary probation for an RSO may include, but is not limited to, loss or limitation of social events or inability to participate in university events or activities.

  3. Interim Suspension. In cases where it is determined that the continued presence of a student or RSO on campus constitutes an immediate threat of harm to students, other individuals or University premises, the Director of SAA may immediately suspend that student or RSO from the University, or limit access or attendance pending final disposition of the matter. Upon issuance of an interim suspension, a Director of SAA shall endeavor to contact the student or RSO, advise the student or RSO that an interim suspension is in effect, and provide an opportunity to address the alleged misconduct.
    1. The interim suspension status will be reviewed by the Dean of Students as soon as reasonably possible. This review can lead to a continuance of, revocation, and/or modification of the interim suspension.
    2. If a student is reinstated to the University following an interim suspension, the student will be afforded the opportunity to make up academic work missed during the period in which the suspension was imposed. The charged student is responsible for making arrangements with instructors for completing the missed work.

  4. Deferred Suspension. Deferred suspension is a status for a specified period of time during which any subsequent finding of responsibility for a violation of the Code or University policy shall include the outcome of suspension for the student or RSO. Deferred suspension will include loss of privileges as detailed under disciplinary probation with restrictions. Deferred suspension is designated on a student’s academic transcript.
  5. Suspension. Suspension is the physical separation from the University for misconduct.
    1. A student may be suspended for at least one semester and/or for multiple years.
    2. Students suspended from the University may be readmitted if they meet the admissions requirements to the University and degree granting college.
    3. A student suspended from the University may NOT be on campus without specific written authorization by the Dean of Students.
    4. Suspension from the University will be recorded on the student's academic transcript.
    5. A student suspended from the University shall receive a grade of “W” in all classes in which he or she is currently enrolled, except as provided in sections of this Code.
    6. An RSO may be suspended for no less than one semester. Suspension will include rescission of University registration.
    7. An RSO that has completed a period of suspension may seek reinstatement by complying with the registration requirements of the appropriate University department.

  6. Expulsion. Expulsion is the permanent separation of a student from the University without the possibility of readmission.
    1. A student expelled from the University may not enter or remain on campus without specific written authorization by the Dean of Students.
    2. Expulsion will be recorded on the student's academic transcript.
    3. A student expelled from the University shall receive a grade of “W” in all classes in which he or she is currently enrolled, except as provided in sections of this Code.

  7. Grade Impact. In situations involving academic misconduct, a student may be assigned a failing grade for the work/assignment in question, may receive zero credit, no credit, or partial credit for the work in question, may have the overall class grade lowered by one letter, or may receive a failing grade for the course.
  8. Educational Activities. Educational activities may be assigned to a student or RSO to encourage positive behavioral change and developmental growth. These include, but are not limited to, attendance/participation at educational programs, creation of documents, referral to a counselor, psychologist or other health or wellness provider, completion of treatment recommendations made by a health or wellness provider, community service, educational modules, and provision of documents from court-ordered directives. Fees may be charged for educational activities related to a specific outcome.
  9. No Contact Directive. A student or RSO may be directed to cease all communication and contact with another student, group of students, instructor, or other University employee or contractor. Under a no contact directive, a student may be prohibited from entering or remaining in or around a specified University building, facility, or area of campus. This may also be issued as an interim measure in cases where it has been determined that a student or RSO can be a threat or harm to others.
  10. Restitution. A student or RSO may be required to pay for damage to property, for personal injury expenses, and/or other expenses. Payment will be made under the stipulations determined by the Dean of Students.
  11. Restrictions. Restrictions may be imposed as an outcome for any student on disciplinary probation, deferred suspension, suspension, interim suspension, and/or expulsion. Restrictions include, but are not limited to, loss of privileges, removal from residential facilities, inability to hold a position of leadership in an RSO, restriction from intramurals, restriction from LSUS study abroad programs, or restriction of other representation of the University, and limitations to entering or being present in specific campus locations. Restrictions may be imposed as an outcome for an RSO. These restrictions may include, but are not limited to, inability to seek new members, limitations or restrictions on social or philanthropic events, ability to host or participate in events, or other restrictions as may be identified by the Director of SAA or UHP. Restrictions involving the UCA may include, but are not limited to, limitations regarding certain areas of the property; loss of guest privileges; relocation of housing assignment; and removal from the UCA.
  12. Revocation of Degree or Diploma. Revocation of any degree and withdrawal of the diploma may be imposed when the violation is related to the integrity of any academic credit, work, service, or prerequisites required for the degree.
  13. Rescission of University Registration. A process whereby the University revokes the rights and privileges of the organization.

11.4 Appeals

A student or RSO may decline the administrative outcome issued by the Director of SAA and request a UHP. Only outcomes of a UHP can be appealed. The appeal procedure provides the opportunity for questioning the appropriateness of the proceedings or outcome. Any complainant entitled to be informed of outcomes may also appeal an outcome of the UHP.

An appeal will only be considered on the following grounds:

  1. Evidence of bias by the UHP;
  2. Significant departure from the procedures, definitions or standards in the Code; or
  3. New information has become available since the UHP.

11.5 Appeal Process

On appeal, a finding of responsibility may be upheld or overturned in whole or in part. An appeal must be submitted in writing to the Dean of Graduate Studies within five business days after the student, RSO, or complainant (when permitted) is notified of the UHP outcome or new information becomes known to the student, RSO, or complainant. The written document must identify the specific actions or outcomes being contested. All submissions must include one of the aforementioned criteria as the basis for appeal. Once the Dean of Graduate Studies receives the request for an appeal, any outcome issued by the UHP is suspended pending final resolution of the appeal by the Dean of Graduate Studies. Upon receipt of the written appeal, the Director of SAA will submit a written position statement to the Dean of Graduate Studies within five business days.

At the Dean of Graduate Studies’ sole discretion, the following may result:

  1. UHP outcome is upheld;
  2. Rehearing by the original UHP;
  3. Rehearing by a new UHP; or
  4. Modification of the outcome.

The decision on appeal is final and concludes the accountability process. Any outcome remaining at the conclusion of the appeal process will commence once the appeal decision is issued.

11.6 Request for Review by the Chancellor

A student or RSO may seek review by the Chancellor. Review by the Chancellor is not an appeal; it is discretionary and may be declined at the sole discretion of the Chancellor. Any review by the Chancellor will be limited to the question of serious procedural errors or the abuse of discretionary authority by the UHP or the Dean of Graduate Studies. The imposition of any outcome is not suspended pending a request for review by the Chancellor. A request for review by the Chancellor must:

  1. Be in writing and signed, formally or electronically, by the student or RSO requesting the review;
  2. Be submitted to the Chancellor’s Office within five business days after receipt of the appeal decision;
  3. Contain a complete statement of the alleged serious procedural errors or specific abuse of discretionary authority;
  4. State the relief sought; and
  5. Copy the request to the Dean of Graduate Studies.

12.0 ACCOUNTABILITY RECORDS

Student accountability cases and records are education records of the University and are maintained by SAA. A student may review and examine the student’s own accountability records. These records are generally not available for others to review except in accordance with law. Accountability records are maintained as follows:

  1. Accountability records are maintained indefinitely in accordance with the University’s Records Retention and Disposition Schedule.
  2. Suspension, expulsion, and/or any other accountability action that separates the student from the University is recorded on the student's academic transcript maintained in the Registrar’s Office.
  3. In cases of suspension, a student may petition SAA in writing to have this notation removed from the academic transcript. The Director of SAA will refer such a petition to the UHP for consideration. Typically a suspension notation will only be removed after the student has returned to the University.
  4. A notation of expulsion or degree revocation from the University is never removed from a student’s academic transcript.
  5. RSO records are kept in accordance with guidelines for individual student records.
 
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