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.
Louisiana State University Shreveport 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 an academic and social environment.
It is a community that fosters individual development and the creation of bonds that transcend the time spent within its gates.
To demonstrate responsibility as a member of the University community students are expected to:
- accept responsibility for their actions;
- hold themselves 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 their LSUS experience to be an active citizen in an international and interdependent world.
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 students who are found in violation of these standards.
Within the Dean of Students Office, Student Advocacy and Accountability (SAA) is responsible for administering this Code. SAA cannot make public comment on any individual's case, as per the Family Educational Rights and Privacy Act a/k/a FERPA (see 20 USC § 1232g). However, in limited circumstances, as required or allowed by law, information relative to certain incidents and case statistics may be disclosed (See 20 USC §1092f and 20 USC §1232g).
The University Hearing Panel will initiate periodic reviews of the Code. The Code may be amended at any time by majority vote of the Student Affairs Committee, subject to approval by the Faculty Senate and Chancellor.
3.0 STATEMENT OF POLICY
3.1 General Responsibilities
This Code is a statement of policy by the University and is not intended to create any contract or other legally enforceable rights for a student.
All students shall comply with this Code of Student Conduct, 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 LSUS Code of Student Conduct, "the Code", can be found at www.lsus.edu/studentconductcode.
3.2 Purpose of the LSUS Code of Student Conduct
The purpose of the Code is to inform students on issues of community membership, encourage responsible decision making, promote academic integrity, safeguard the health and welfare of all members of the University community, and protect University property.
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. These procedures are an important part of the educational process.
The Code is the University's document governing student conduct and the student accountability process. All discipline imposed upon a student must be in accordance with the provisions of this Code, except a student found to have engaged in research misconduct pursuant to Policy Statement 2.09.00 Research Fraud shall be subject to sanctions, administrative actions or conditions imposed by the Vice Chancellor for Academic Affairs. 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 should refer the matter to SAA.
Student 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 University accountability proceedings. Pertinent information regarding any alleged violation may be considered. A finding of responsibility must be supported by the available information.
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 Accountability Meeting
An opportunity for the charged student to address the allegations and charges with the Director of SAA.
4.3 Accountability Outcome
The accountability outcome, or outcome, identifies an accountability 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).
A student has the right to have one advisor of his/her choice present during any meeting conducted under this Code. The advisor may not have personal involvement regarding any facts or circumstances of the alleged misconduct.
The advisor's only function shall be to assist and consult with the student regarding an accountability meeting or UHP. The advisor may not act as a spokesperson for the student and may not directly address the Director of SAA, UHP members, or material observers. The advisor may be an attorney, but participation shall be limited as stated above. An advisor may be excluded for failure to comply.
4.5 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.
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.
The term "Chancellor" refers to the person holding this position within the University. The Chancellor may delegate the authority to perform any of the duties assigned to him or her in this Code.
4.8 Charge Letter
The written notice sent to a student of the allegations and corresponding Code sections to be addressed.
4.9 Charged Student or Charged Organization
A student or registered student organization 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.
4.10 Dean of Graduate Studies
The term "Dean of Graduate Studies" refers to 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.
4.11 Dean of Students
The term "Dean of Students" refers to the person holding this position within the University. The Dean of Students may delegate the authority to perform any of the duties assigned to him or her in this Code. To the extent necessary, the Dean of Students shall decide any question related to interpretation or application of this Code.
The term "Instructor" includes, but is not limited to, 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 LSUS.
4.13 Material Observer
A person who has knowledge of facts or circumstances pertaining to an alleged violation.
4.14 Not Responsible
The finding that indicates a student is not in violation of the Code.
A written or verbal complaint against a student or registered student organization forwarded to SAA. A referral may be submitted by any individual(s). Anonymous referrals may be considered at the discretion of SAA.
4.16 Reporting Party
The individual(s) who submits a referral against a student or registered student organization alleging potential misconduct under the Code.
The finding or acknowledgment that indicates a student is in violation of the Code.
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.
4.19 Student Advocacy and 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.
4.20 University or LSUS
University or LSUS refers to Louisiana State University Shreveport.
4.21 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 accountability outcome. A member of the UHP shall be designated as the panel chair.
4.22 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 LSUS Code of Student Conduct shall apply to conduct that occurs on the LSUS campus, at LSUS sponsored activities, and/or when the student 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:
A. Involved violence or produced a reasonable fear of physical harm; and/or
B. Involved any other members of the University community or any academic work, records, documents, or property of the University.
Each student shall be responsible for his/her 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 LSUS Policy
Proceedings may be instituted against a student charged with conduct that potentially violates both the law and the Code without regard to the status of any civil or proceedings in court or any criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following any civil or criminal proceedings.
6.0 STUDENT RIGHTS AND RESPONSIBILITIES
6.1 Rights of a Charged Student
A student charged with a violation under this Code shall have the following rights:
A. To be notified through written communication of the specific allegation(s), charge(s), and the reporting party(ies).
B. To be provided a reasonable amount of time to respond to the charge letter.
C. To refuse to comment or answer questions.
D. To present information and/or material observers.
E. To have the charge(s) considered by the UHP, unless this right has been waived by the student.
F. To schedule a time prior to a UHP to inspect and review the information on which the charge(s) is based.
G. To accept the accountability outcome(s) imposed, thereby waiving the right to have the charge(s) considered by a UHP.
H. To have an accountability outcome imposed that is commensurate with the violation.
I. To have an advisor present during an accountability meeting.
J. To receive a list of all material observers to be called by the University at least two (2) business days prior to the UHP. However, the UHP may continue the proceedings to allow the University to identify material observers to rebut any information presented by the student.
K. To retain rights as a student while the charges are being considered, and, if found responsible, until he or she has exhausted his or her rights of appeal as established in this Code. However, a student may be subject to an interim suspension or limitations or conditions as set forth in this Code.
These rights are not absolute, and may be limited when considered with the rights of others, and in some cases denied altogether as long as such denial does not deprive a charged student with fundamental due process as required by law. These rights may be waived by a student expressly or by acts of omission.
6.2 Responsibilities of a Charged Student
A student(s) charged shall have the following responsibilities:
A. To be honest.
B. To schedule an appointment with the Director of SAA within five (5) business days from the time of issuance of the charge letter.
C. To respond to or acknowledge all written communications and diligently participate in the accountability process.
6.3 Rights and Responsibilities of a Charged Student during a UHP
A. To request that a member or members of the UHP be excluded from the panel for good cause clearly established by the student. The student must make the request immediately after the introduction of the members of the UHP. The decision to exclude the UHP member(s) shall be at the sole discretion of the Director of SAA.
B. To present information on his or her own behalf. The charged student must provide copies of any documents to the hearing panel members. Additionally, any information to be presented during the hearing must be presented to the SAA Office at least one (1) business day in advance of the hearing. This includes any item(s) that will be provided to the UHP in either hard copy, digitally, or presentation format.
C. To present material observers on his or her own behalf. A list of all material observers to be called by the charged student must be presented to SAA no less than one (1) business day prior to the hearing.
D. To present reasonable questions through the UHP to the reporting party(ies) and material observers appearing at the hearing and/or providing statements. Whenever possible, reporting party(ies) and material observers will present oral instead of written statements. Oral statements, written statements, previously written memoranda, letters, and/or other written materials may be presented at a hearing even if the reporting party(ies) and/or material observer is not present and the ability to question him or her was not possible at the time the written materials were prepared. The UHP may limit any questions or responses to pertinent information and/or to maintain order, avoid repetition or prevent harassment or unnecessary embarrassment. The UHP may require that the charged student present his/her questions in writing.
E. To request assistance from SAA in bringing students or University employees of his or her choice to the UHP to serve as material observers. The student may request that SAA assist in obtaining information from the University that is pertinent to the charge.
F. To have his or her information kept private to the extent allowed by law. All UHPs are private. The individuals allowed into the UHP are the charged student(s), reporting party(ies), material observer(s), the advisor for each charged student and victim (if applicable), UHP Members, and the Director of SAA. Material observers may be included or excluded at the discretion of the panel chair. Material observers may only be present during the portion of the hearing in which they answer questions and/or provide information relevant to the charge(s).
G. To have prior violations of the Code excluded from review or consideration during the panel's determination of responsibility for the present charge(s), unless it is presented to directly rebut claims by the student that he or she has not previously engaged in misconduct or the prior violations or charges have been referenced by the student. If a charged student is found responsible, prior violations of the Code may be considered when the Director of SAA or UHP is determining the outcome(s).
H. To schedule a time to listen to the recording of the UHP proceedings. Only the University may record the UHP proceedings.
I. To appeal any UHP outcome as detailed in this Code.
6.4 Proceeding in Absentia
A. In the event a student fails to attend an accountability meeting, the Director of SAA may proceed without the charged student in attendance.
B. The UHP may proceed without the charged student in attendance. If the Dean of Students determines that the student's failure to appear was due to compelling circumstances, the Dean of Students may require that a new UHP be scheduled.
6.5 Rights of a Victim
A. Any and all rights and responsibilities extended to a student under Sections 6.1 and 6.2 are extended to a victim in cases of physical violence, sexual harassment, sexual misconduct, and/or stalking. In such cases, a victim may have one advisor present during any meeting conducted under this Code, including a UHP.
B. To the extent allowed by law, the alleged victim of any act(s) of violence or harassment will be notified of the outcome of the hearing involving his/her specific case.
C. When participating in an accountability meeting or UHP, the victim may use conference call, written statement, video/recording, closed-circuit television, privacy screen or other measure for his or her safety and/or wellness. The Director of SAA may require that the victim respond to reasonable questions requested by the charged student in a format determined by the Director of SAA.
D. Impact Statements - The victim is entitled to submit a written or verbal statement for consideration by the Director of SAA and UHP during the outcome phase of the hearing.
7.0 ACCOUNTABILITY PROCEDURES
7.1 Non-Discriminatory Application of Accountability Procedures
Application of this Code shall be based on the principle of equal treatment without regard to race, creed, color, marital status, sexual orientation, gender identity, gender expression, religion, sex, national origin, age, mental or physical disability, or veteran status.
7.2 Initiation of Accountability Process
A. Accountability Referral
Any person who has a reasonable basis to believe that a student 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 University Police, UCA, any University department, and other law enforcement entities will also be accepted.
B. Investigation by the Director of SAA
The Director of SAA may investigate any alleged or potential misconduct. This investigation can include a meeting(s) with a reporting party, interviews of persons who may have knowledge pertaining to the facts and circumstances, and other types of information collection. The investigation can begin before or after a charge letter has been issued.
C. Disqualification of the Director of SAA
In the event the Director of SAA may be a reporting party or material observer in an accountability proceeding or for any reason cannot perform his or her duties under these accountability procedures, the Dean of Students shall appoint another person to perform such duties.
7.3 Requiring a Student to Meet
A. The Director of SAA may require a student to meet and/or attend a hearing in connection with an alleged or potential violation by sending an email to the student's University email or physical address.
B. The Director of SAA may prohibit and/or cancel the enrollment of, place a hold on the student's records, or proceed to an accountability meeting or a UHP when a student 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
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 through an accountability meeting, and, if found responsible, issue an outcome to the student;
3. Initiate an accountability proceeding before the UHP;
4. Hold the referral for further investigation; or
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 ACCOUNTABILITY HEARINGS
8.1 Accountability Meeting with an Administrator
A. Most cases begin with an administrative accountability meeting between the Director of SAA and the charged student(s).
B. For the matter to be resolved administratively, the student must agree to accept the recommendation of the Director of SAA by doing the following:
1. Accept responsibility for his or her conduct and the outcome in writing; and
2. Waive his or her right to have the case considered by the UHP.
C. The Director of SAA may refer a matter directly to a UHP for resolution.
8.2 University Hearing Panel (UHP)
UHP hears alleged violations under this Code referred by the Director of SAA.
If a charged student declines the SAA outcome or the Director of SAA declines to issue an outcome, the matter will be referred to the UHP.
9.0 UHP COMPOSITION AND PROCEDURES
9.1 Faculty Members of the UHP
Six faculty members shall serve 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. Faculty members shall be appointed by the Faculty Senate to the UHP and will serve five-year terms. Faculty members may be reappointed for additional terms. The faculty terms will be staggered so that no more than one faculty member will rotate off each year. Should faculty members be unable to attend a hearing, faculty substitutes may be appointed to serve on an as needed basis by the Chancellor.
9.2 Staff Member of the UHP
One staff member, with a minimum of a Bachelor's degree, shall be appointed by the Chancellor to the UHP and will serve a five-year term. The staff member may be reappointed for additional terms. Should the staff member be unable to attend a hearing, a substitute may be appointed by the Chancellor.
A. Four voting members of the UHP shall constitute a quorum. The UHP can be comprised of a maximum of seven voting members. One panel member will serve as the panel chair.
B. When, in the judgment of the Director of SAA, the subject matter of a proceeding makes it advisable to request the participation of a person(s) with special knowledge or technical expertise, the Director of SAA may appoint such persons to serve as a material observer. This person will serve as a resource and may provide relevant information during the hearing.
C. In cases involving academic misconduct, the charged student's complete academic record will be available for review by UHP members.
A. A charged student will be notified in writing of the time, date, and place of the UHP.
B. If the student fails to appear, he or she will be deemed to have forfeited his or her right to respond before the UHP. The UHP may proceed in absentia.
C. The Director of SAA may participate in the hearing as a reporting party or material observer. Under these circumstances, the Dean of Students shall appoint another person to perform duties assigned to him or her in this Code.
D. An outcome by the UHP finding the student responsible for a violation of this Code shall be based solely on the information presented at the hearing.
E. A past violation(s) may not be introduced or considered in the deliberation of responsibility for the violation unless it is presented to directly rebut claims by the student that he or she has not previously engaged in misconduct or are otherwise referenced by the student. If the charged student is found responsible for the violation, record of a past violation(s) may be considered by the UHP in determining an outcome.
F. The UHP may elect not to hear persons not previously identified as material observers.
G. Hearsay may be considered during the hearing.
H. A majority vote of the panel members present is required to find a student responsible and/or not responsible for a violation(s) of the Code.
I. The Director of SAA may establish additional procedures for the UHP.
9.5 Alternate UHP Composition and Procedures
The Director of SAA may use an alternate UHP to consider charges of sexual misconduct, sexual harassment, physical endangerment, harassment, stalking, and in other situations, where the emotional or mental health of the victim or charged student is implicated. An alternate UHP shall consist of at least three faculty or staff members. One member will serve as chair. Alternate UHP members shall be appointed by the Chancellor; however, prior to serving, members are required to attend additional specialized training developed and facilitated by the Director of SAA. Members will also serve under the same parameters as UHP members. The Director of SAA will determine use of an alternate UHP.
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. LSUS students are responsible for submitting work for evaluation that reflects their performance. If the 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 grade based upon the work as submitted may be assigned while charges are pending.
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 post outcome.
A student may be charged with academic misconduct for the following acts or omissions:
Unauthorized interaction between two or more individuals on any academic work by giving, receiving, or otherwise sharing information without permission of the instructor;
Communicating with another student(s) or other individual(s) during an examination or assignment without the permission of the instructor;
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;
D. Failure to Follow Course Requirements
Failure to adhere to standards of conduct for academic integrity that are promulgated by an academic unit and/or instructors;
E. False information
Falsifying and/or fabricating any information, data, or citation in any academic work;
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;
G. 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;
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 (2) assignments without permission of the instructor(s);
I. Unauthorized Materials
Using materials, techniques or devices on an academic assignment that are prohibited; having any forbidden and unauthorized material in sight during a test/quiz will be considered utilization of the material.
10.2 Behavioral Misconduct
A student may be charged with behavioral misconduct for any of the following conduct:
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;
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;
C. 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;
D. Disorderly Conduct
Behavior that impairs or interferes with the orderly functions or processes of the University and/or the reasonable safety, security, or use of members of the University community;
Disruption or obstruction of teaching, research, administration, accountability proceeding, or other University activities and/or the performance of duties of University personnel or contractors;
Possession, use, public intoxication, sharing, furnishing or distribution of illegal drugs, intoxicants, controlled substances and/or drug paraphernalia; including the distribution, use or possession of prescription medications contrary to a valid prescription;
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;
H. Failure to Comply
Defying the order or instruction of an authorized person on behalf of the University and/or any University policy, contract, mandate or rule;
I. 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;
Altering, falsifying, or otherwise misrepresenting documents to or relating to any University official or office;
Repeated, persistent, severe, or pervasive actions directed toward a specific individual(s) with the intent or effect to harass, harm, or alarm, including attempted or threatened physical contact, or acts that create the reasonable apprehension of unwanted contact;
Any reckless act or activity occurring on or off campus, by one person alone or acting with others, directed toward one or more students, that subjects that student(s) to an unreasonable risk, sensation or fear of physical, mental, emotional, and/or academic harm for reasons related to that student's status at the University.
The same act(s) listed above that occur for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any registered organization or group whose members are or include other students at the University.
The intent of any person engaging in hazing activities or the consent or cooperation of any person who is a victim of hazing does not negate a potential violation of the Code;
M. 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 issued identification card; alteration or sale of an identification card;
N. Offensive Behavior
Lewd, indecent, or obscene conduct, including, but not limited to, nudity or sexually explicit behavior that would reasonably be offensive to others;
O. Property Misuse
Intentional or reckless destruction, defacement or damage to University property or to the property of any individual or group; unauthorized entry or use of any property or facility;
Tampering with or unapproved activation of any safety equipment and/or warning system; setting or causing a fire; engaging in dangerous activities contrary to posted or verbal warnings;
Q. Sales & Solicitation
Unauthorized or prohibited solicitation, sale, fundraising, canvassing, distribution or posting of any written material, electronic mail, web, or printed material;
R. 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;
S. Sexual Misconduct
Any sexual act or contact of a sexual nature that occurs, regardless of personal relationship, without the consent of the other person(s), or that occurs when the person(s) is unable to give consent or whose consent is coerced or obtained in a fraudulent manner. This includes, but is not limited to, video voyeurism, violence of a sexual nature, sexual abuse, unwanted sexual contact, and obtaining, posting or disclosure of intimate descriptions, photos or videos without express consent of the other individual;
Repeated, unwanted conduct toward or contact with another person, including, but not limited to, following someone, contacting someone verbally, electronically, via third party, or by any other means with the effect of creating fear and/or emotional distress;
Using, depriving, removing or possessing the property and/or services of the University or another individual(s) without entitlement or authorization;
V. 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;
W. 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;
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.
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, along with specific conditions required for successful completion.
The Director of SAA 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 responded to a SAA directive. The Director of SAA may confer with any UHP relative to outcomes.
11.2 Accountability Status
The following outcomes may be imposed or instituted by the University for a violation(s) of this Code:
A written warning issued to a student, indicating that he/she has been found responsible for a violation(s) of the Code. This will be in effect for a specified time period and will not be recorded on the student's academic transcript;
B. 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 student's status with the University. Disciplinary probation will not be recorded on the student's academic transcript.
1. Disciplinary probation with restriction includes loss of privileges, including, but not limited to, removal from residential facilities, inability to hold a position of leadership in a registered student organization, participation in intramurals, LSUS study abroad programs, and/or other representation of the University.
2. Disciplinary probation without restriction would allow students to participate in student organization leadership, intramurals, studying abroad, or other specified co-curricular activities.
C. 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. Deferred suspension will include loss of privileges as detailed under disciplinary probation with restrictions and is designated on the student's academic transcript in cases of academic misconduct.
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. The suspension may be delayed at the discretion of the Dean of Students.
2. Students suspended from the University may be readmitted if they meet the admissions requirements to the University, degree granting college and if approved by the Dean of Students.
3. When a student is suspended from the University, he or she 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.
Expulsion is the permanent separation of a student from the University without the possibility of readmission.
1. When a student is expelled from the University, he or she 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.
F. Interim Suspension and Limitations
In cases where it is determined that a student's continued presence on campus constitutes an immediate disturbance to University activities or threat of harm to a student(s), other individuals and/or University premises, the Director of SAA or Dean of Students may immediately suspend that student from the University, and/or issue limitations such as a no contact directive as to one or more persons, and/or limit access or class attendance pending final disposition of the matter. Upon issuance of an interim suspension, the Director of SAA shall endeavor to contact the student, advise the student that an interim suspension is in effect, and provide the student with an opportunity to address the alleged misconduct. Interim limitations short of full suspension may be imposed verbally or in writing by the Director of SAA or his/her designee.
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. It is the responsibility of the charged student to make arrangements with instructors for completing missed work.
11.3 Accountability Outcomes
A. Educational Activities
Educational activities may be assigned to a student to encourage positive behavioral change and developmental growth. These include, but are not limited to, attendance and good faith 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, and provision of documents from court ordered directives. Fees may be charged for educational activities related to a specific outcome.
B. Grade impact
In situations involving academic misconduct, a student may be assigned a failing grade for the work in question, may receive zero credit, no credit, or partial credit for the work in question, may have his/her overall class grade lowered by one letter, or may receive a failing grade for the course.
C. No Contact Directive
A student 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.
A student 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.
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 a registered student organization, participation in intramurals, LSUS study abroad programs, and/or other representation of the University, and limitations to entering or being present in specific campus locations.
F. 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.
A charged student may decline the accountability outcome issued by the Director of SAA and request a UHP. Only outcomes of a UHP or alternative UHP can be appealed. The appeal procedure provides the opportunity for questioning the appropriateness of the proceedings and/or outcome.
Any victim entitled to be informed of accountability outcomes may also appeal an outcome of the UHP or alternative UHP based upon the criteria delineated in this Code. An appeal will only be considered on the following grounds:
A. Evidence of bias by the UHP;
B. Significant and prejudicial departure from the procedures, definitions, or standards in the Code; or
C. 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 (5) business days after the student and/or student victim is notified of the UHP outcome or new information becomes known to the student or victim. The written document must identify the specific actions and/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 an appeal, any outcome issued by the UHP is placed on hold pending final resolution 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 (5) business days.
At the Dean of Graduate Studies' sole discretion, the following may result:
A. UHP Outcome is upheld;
B. Rehearing by the original UHP;
C. Rehearing by a new UHP; or
D. The Dean of Graduate Studies modifies the outcome.
The decision by the Dean of Graduate Studies concludes the accountability process. Any outcome imposed and upheld will commence once the Dean of Graduate Studies has issued a decision.
11.6 Request for Review by the LSUS Chancellor
The LSUS Chancellor's review will be limited to the question of serious procedural errors and/or the abuse of discretionary authority by the UHP or the Dean of Graduate Studies. The Chancellor in his/her sole discretion may decline a request for review. The imposition of any outcome will not be delayed by a review by the Chancellor.
The request must:
A. Be in writing and signed by the student requesting the review;
B. Be submitted to the Chancellor's office within five (5) business days after the charged student's or student victim's receipt of the Dean of Graduate Studies' outcome with a copy delivered to the Dean of Graduate Studies;
C. Contain a complete statement of the alleged serious procedural errors and/or specific abuse(s) of discretionary authority; and
D. State the relief sought.
12.0 ACCOUNTABILITY RECORDS
Student accountability cases and records are education records of the University and are maintained by SAA. Consistent with the 1974 Family Educational Rights and Privacy Act (FERPA), a student may review and examine his or her accountability records. These records are generally not available for others to review except in accordance with law. Materials within the student's accountability record will not be provided to University personnel outside of the Student Advocacy and Accountability Office unless disseminated in accordance with FERPA. University personnel or University legal counsel may have access to the accountability records of individual students if such information is needed in the performance of duties assigned to that person.
A. Accountability records are maintained indefinitely in accordance with the University's Records Retention and Disposition Schedule.
B. Academic misconduct, deferred suspension, 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.
C. In cases of suspension, a student may petition SAA in writing to have this notation removed from his or her academic transcript. At the discretion of the Dean of Students, this notation may be removed from the academic transcript; however, the accountability record maintained in SAA will remain as provided in this Code. Typically a suspension notation will only be removed after the student has returned to the University.
D. A notation of expulsion or degree revocation from the University is never removed from a student's academic transcript.
E. The current version is available at www.lsus.edu/studentconductcode.