NUMBER: STAF 6.26
SECTION: Division of Student Affairs
SUBJECT: Student Code of Conduct
LATEST REVISION: June 5, 2001
DATE: June 1, 1992 (formerly STAF 8.02)
Policy for: Columbia Campus
Procedure for: Columbia Campus
Authorized by: Dennis A. Pruitt
Issued by: Housing and Judicial Programs
______________________________________________________
1. INTRODUCTION
1.1. This discipline system extends and applies the general principles
of the Statement of Student Rights and Freedoms Within the
Academic Community to specific actions and responsibilities of
students and student organizations at the University of South
Carolina. It accepts the proposition that "academic institutions
exist for the transmission of knowledge, the pursuit of truth, the
development of students, and the general well-being of society,"
and that "free inquiry and free expression are indispensable to the
attainment of these goals." As such, the University strives to
maintain an educational community that fosters the development
of students who are ethically sensitive and responsible persons.
1.2. The University of South Carolina strives to protect this educational
community and to maintain social discipline among its students
and student organizations. Consistent with its purposes, reasonable
efforts will be made to foster the personal and social development
of those students who are held accountable for violations of
University social regulations.
1.3. The purpose of this document is to set forth the specific authority
and responsibility of the University in maintaining social discipline,
the educational process of determining student and student
organization accountability for violating the regulations, and the
proper procedural safeguards to be followed in this process to insure
fundamental fairness and protect the students and student
organizations from unfair imposition of serious penalties and sanctions.
2. APPLICATION OF LAWS AND REGULATIONS
2.1. Students should be aware that educational institutions are not
sanctuaries beyond the reach of the criminal laws of the communities
and states wherein such institutions exist. While the rules and
regulations of the University of South Carolina are not meant to
duplicate general laws, there are some aspects in which the lawful
interests of the institution as an academic community coincide with
the broader public interests treated in general laws. Students, or
student organizations, who commit offenses against the laws of
municipalities, states, or the United States, are subject to prosecution
by those authorities and may be subject to disciplinary action under
University rules when their conduct violates institutional standards.
2.2. Students, no less than other citizens, are entitled to be secure in
their personal lodgings, papers, and effects against unreasonable
searches and seizures. Searches and seizures by law enforcement
personnel incident to investigations or arrests are conducted only
under proper warrant. This does not prohibit normal inspections
of University housing or other facilities for maintenance, health,
or safety purposes.
2.3. Students enjoy the same freedoms of speech and peaceable
assembly as all citizens, but they are under certain legal
obligations in the exercise of these freedoms by virtue of their
membership in the University community. Expression may be
subjected to reasonable regulations of time, place, number of
persons, and form under established regulations. Expression in
the form of action that materially interferes with the normal
activities of the institution or invades the rights of others is
prohibited. The University is pledged to protect lawful exercise
of the rights of free speech and assembly and will invoke
appropriate legal and disciplinary sanctions when necessary in
the pursuit of this goal.
3. AUTHORITY AND RESPONSIBILITY
3.1. Responsibility for good conduct rests with students as individuals,
for both themselves and their guests. Student organizations have
similar responsibility for maintaining good conduct among their
members and guests and at activities they sponsor. All members
of the University community are expected to use reasonable
judgment in their daily campus life and to show due concern for
the welfare and rights of others.
3.2. The Board of Trustees is the governing body of the University and
the powers of the President and the faculty are delegated by the
Board in accordance with its policies. The faculty, subject to review
by the President and the Board of Trustees, has legislative powers
in all matters pertaining to the discipline of students and student
organizations. The student discipline system is administered by
the Division of Student and Alumni Services. Student Government
as an elected and representative voice of the student body, has the
right to comment on any proposed changes pertaining to the
discipline of students.
3.3. The Vice President for Student and Alumni Services, in turn,
designates the Office of Student Judicial Programs as directly
authorized and responsible for the total operation of the Student
Judicial System. This responsibility includes formulating and
implementing policies and procedures, in cooperation with other
appropriate University bodies, for the judicial consideration of
conduct violations and the imposition of sanctions in an efficient,
consistent, fair, legal, and educationally meaningful manner.
The Office of Student Judicial Programs may further delegate its
responsibility to various judicial bodies and administrative staff.
4. STUDENT CODE OF CONDUCT - GENERAL PROVISIONS
4.1. This section establishes the rules and regulations all students and
student organizations of the University of South Carolina are
expected to follow under the duty and corollary powers inherent in
educational institutions to protect their educational purposes
through the setting of standards of student conduct and scholarship
and through the regulation of the use of University facilities.
4.2. Students and student organizations have a right to expect enforcement
of these rules and regulations. The University also has the right to
expect students and student organizations to abide by them as befits
the responsibilities of students as members of the University
community. Knowledge of these rules and regulations can prove
most beneficial to students and student organizations in utilizing
and protecting their guarded rights. It is important to add, however,
that unfamiliarity with institutional regulations or rules is no ground
for excusing infractions.
4.3. Scope of Application - The University may take disciplinary action
for a violation of the Student Code of Conduct when the offense takes
place on University premises or at University sponsored, endorsed,
supported or related events which occur off campus, or when an
offense which occurs off campus is such that in the judgment of the
Director of Judicial Affairs, failure to take disciplinary action is
likely to interfere with the educational processes or orderly operation
of the University, or endanger the health, safety and welfare of the
University community.
4.4. Definition of a "Student"
4.4.1 For the purpose of this policy a "student" is defined as any person
who is admitted, enrolled or registered for study at the University
of South Carolina for any academic period and those who attend
post-secondary educational institutions other than the University
of South Carolina and who reside in a USC residence facility.
Persons who are not officially enrolled for a particular term but
who have a continuing student relationship with, or an educational
interest in, the University of South Carolina are considered
"students". A person shall also be considered a student during any
period that follows the end of either the Spring or Fall semester
that the student has completed until the last day for registration
for the next succeeding semester. A person shall also be considered
a student during any period while the student is under suspension
from the institution or when the person is attending or participating
in any activity preparatory to the beginning of school including,
but not limited to, fraternity or sorority rush, orientation, placement
testing, and residence hall check-in.
4.5. General Principles of Group Responsibility for Student Organizations
4.5.1. Although not all acts of individual group members can or should be
attributable to the group, any group or collection of its members
acting in concert should be held responsible for its actions. In
determining whether a group may be held collectively responsible
for the individual actions of its members, all of the factors and
circumstances surrounding the specific incident will be reviewed
and evaluated. As a guiding principle, groups will be held
responsible for the acts of their members when those acts grow out
of, or are in any way related to group life. Isolated violations of
individuals should not be chargeable to the group, but evidence of
group conduct exists where:
a. Members of the group act in concert to violate University
standards of conduct.
b. A violation arises out of a group-sponsored, financed, or
endorsed event.
c. A group leader (s) has knowledge of the incident before it
occurs and fails to take corrective action.
d. The incident occurs on the premises owned or operated
by the group.
e. A pattern of individual violations is found to have existed
without proper and appropriate group control, remedy, or
sanction.
f. Members of a group act in concert, or the organization
provides the impetus for violation of University rules
and regulations.
5. STUDENT CODE OF CONDUCT – OTHER PROVISIONS
The following statements constitute the official record of all general
conduct rules and regulations at the University of South Carolina Columbia.
Individual students and student organizations are expected to abide by these
regulations and administrators are expected to enforce them. These regulations
should be read broadly and are not designed to define prohibited conduct in
exhaustive terms. Additional rules and regulations may be promulgated
during the year; announcements will be made upon adoption of the changes
or additions.
NOTE: Attempting, abetting, or being an accessory to any act prohibited by
the General Student Conduct Regulations shall be considered the same as a
completed violation.
5.1. Compliance with General Laws: Students or student organizations
involved in violations of any federal, state, or local laws may be
subject to disciplinary action. Disciplinary action imposed by the
University may precede and/or be in addition to any penalty imposed
by an off-campus authority.
5.2. Damage to Property: Damage to or destruction of property owned or
operated by the University, its students, faculty, administration and
staff, or actions that have the potential for such damage or destruction
is prohibited. Conduct which threatens to damage, or creates
hazardous conditions such as dropping, throwing, or causing objects
or substances to fall from windows, doors, ledges, balconies or roofs
is also prohibited. This includes, but is not limited to, unauthorized
application of graffiti, paint, etc. to property.
5.3. Harm to Persons: Actions which result in physical harm, have the
potential for physically harming another person, which create
conditions that pose a risk of physical harm to another, or which
cause reasonable apprehension of physical harm are prohibited.
Conduct which threatens to cause harm to persons, or creates
hazardous conditions for persons, such as dropping, throwing, or
causing objects or substances to fall from windows, doors, ledges,
balconies or roofs is also prohibited.
5.4. Possession of Firearms and Other Weapons: The unauthorized
possession or use of firearms, or weapons of any other kind
(including but not limited to dirks, slingshots, metal knuckles,
razors, BB guns, and air pistols) is prohibited. The use or display
of any object or instrument in a dangerous, provocative or
threatening manner is prohibited. The University Police provide
temporary storage of these items with scheduled access by owners.
5.5. Use of Fireworks and Explosive Materials: The ignition or
detonation of anything which could cause damage to persons or
property or disruption by fire, smoke, explosion, noxious odors,
stain, corrosion or similar means; or possession of anything in
the nature of fireworks, explosives or chemical explosives is
prohibited on any property owned or operated by the University
or off campus University sponsored events without prior
University authorization.
5.6. Creating a Fire Hazard: No person shall start a fire or create
a fire hazard on University property without University
authorization. This regulation is also intended to prohibit the
possession and/or use of candles, torches, incense burners,
other open flame apparati, as well as extension cords and
other devices or materials which may create a fire hazard
if used without authorization or in unauthorized areas
including, but not limited to, residence hall rooms.
5.7. Misuse of Fire Alarms and Safety Equipment: No person shall make,
or cause to be made, a false fire alarm, or emergency report of any kind.
No person shall tamper with, damage, disable or misuse fire safety
equipment including, but not limited to, fire extinguishers, fire hoses,
fire alarms and fire doors.
5.8. Theft or Misappropriation: Theft of any kind, including seizing,
receiving, or concealing property with knowledge that it has been
stolen, is forbidden. Sale, possession, or misappropriation of any
property, including USC property, without the owner's permission
is also prohibited. Property that is found should be turned in to the
Russell House Lost and Found Department.
5.9. Unauthorized Sale of Textbooks: The sale of a textbook by any
student who does not own the book is prohibited without prior
written authorization from the owner of the book. Books that
are found should be turned in to the Russell House Lost and
Found Department.
5.10 Disorderly Conduct: Individual or group behavior that interferes
with the freedom of expression, movement or activity of others,
or with the educational mission of the University is prohibited.
Such conduct includes, but is not limited to, unwelcome physical
contact, harassment, or classroom behavior that interferes with either:
(a) the instructor's ability to conduct the class or instructional
program; or
(b) the ability of other students to profit from the class or
instructional program.
5.11. Hazing as defined by the University Policy on Hazing (STAF 3.05)
5.12. Misuse of University Documents: Forgery, alteration, or misuse of
any University document or record is forbidden, including, but not
limited to, furnishing false information or withholding material
information from the University processes or procedures.
5.13. Fraud or Lying: Lying or fraudulent misrepresentation in, or with
regard to, any transaction with the University, whether oral or
written, is prohibited, including but not limited to misrepresenting
the truth before a hearing of the University or knowingly making a
false statement orally or in writing to any University official
which materially interferes with University processes or procedures.
5.14. Misuse of University Student Identification Cards: Lending a
University Student ID card to anyone for reasons not authorized
by the University Student ID policy, failing to present a Student
ID card when requested by a University official acting in the
performance of his or her duties, or possessing or using a fraudulent
ID card, may subject the owner and/or the holder to disciplinary
action (Refer to University Student Identification Card Policy).
5.15. Failure to Comply with Official Requests: Students and student
organizations are expected to comply with and respond
appropriately to the reasonable and lawful requests of University
officials in the performance of their duties. Students are expected
to appear at disciplinary hearings to respond to allegations or
testify as a witness when reasonably notified to do so. A failure
to properly comply with or complete a sanction or obligation
resulting from a disciplinary hearing or adjudication may also be
considered failure to comply with an official request. (Note to
resident students: The definition of University officials in this
regulation includes Housing staff).
5.16. Unauthorized Presence/Use of University Facilities: Unauthorized
entry into, presence in, or use of University facilities equipment or
property which has not been reserved or accessed through appropriate
University officials is prohibited.
5.17. Misuse of Keys: No person may use or possess any University key
without proper authorization. No student is allowed under any
condition to have a University key duplicated. (Note to resident
students: Loaning a residence hall room key to a person not assigned
to that room may be considered a violation of this regulation).
5.18. Disruptive Activity: No person or organization may interfere with,
disrupt normal activity and operations of, or promote the interference
or disruption of students, faculty, administration, staff, or the
educational mission of the University or of the University or its
buildings, equipment or facilities. Any form of expression that
materially interferes with such activities and operations or invades
the rights of persons may be proscribed or prohibited.
Non-compliance with reasonable time, place, or manner restrictions
on expression is considered a violation of this section. Such activity
includes, but is not limited to, behavior in a classroom or instructional
program that interferes with the instructor or presenter's ability to
conduct the class or program, or the ability of others to profit from the
class or program.
NOTE: To remain in the vicinity of activity which threatens to disrupt
or is disrupting normal University functions may have serious legal
and disciplinary implications. Bystanders, if their presence incites
or adds to the disruption, as well as more active participants in the
disruptive activity may be charged with jointly engaging in an
enterprise which is prohibited by law. Students should accordingly
avoid the scene of any disruptive or potentially disruptive action.
In any case, failure to leave when asked to disperse by University or
law enforcement officials will result in disciplinary and/or legal action.
NOTE: In any case wherein students of the University of South
Carolina are involved in action which is disruptive of the normal
activities of the institution or its personnel, or which exceeds the
bounds of normal internal discipline in its impact, the Board of
Trustees may exercise its right to name a Special Hearing Board,
Committee, or Officer to investigate the questioned action and to
initiate appropriate disciplinary or other measures.
5.19. Misuse of Telephones and/or other Communication Technology:
No student shall misuse or abuse, or assist in the misuse or abuse
of communication equipment at the University. Such activity
includes, but is not limited to, using any form of communication
equipment to harass or threaten any person or persons, or using
any form of communication equipment to disrupt the normal
operations or activities of any person, organization, or the
University. Communication equipment includes, but is not
limited to, electronic mail, pagers, voice mail, computers,
printers, etc.
5.20. Violation of Alcohol Policies: Students and student organizations
must comply with the published regulations, and any and all
applicable laws, concerning the transport, display, provision, and
consumption of beer, wine, and other alcoholic beverages. A
complete outline of these regulations is available in the Office
of the Vice President for Student and Alumni Services. (Note
to resident students: The Department of Housing has developed
and published specific regulations concerning the registration
of events where alcohol is to be served. These regulations apply
to all gatherings of more than 10 people where alcoholic beverages
are present). Violating any other provision of the Student Code
of Conduct while under the influence of alcohol is a violation
of this Alcohol policy. Such conduct includes, but is not limited
to, public intoxication.
5.21. Violation of University Drug Policies: The unauthorized possession,
use, manufacture, sale, or distribution of any counterfeit, illegal,
dangerous, "designer," or controlled drug or other substance is
prohibited. Violating any other provision of the Student Code of
Conduct while under the influence of any illegal or illegally
obtained drug is also a violation of this policy. (Refer to the
University Drug Policy).
5.22. Violation of Residence Hall Regulations: Violation of any residence
hall regulation, including visitation regulations, is prohibited.
Students living in residence halls shall be held responsible for the
action of their guests.
5.23. Failure to comply with University Policies and Procedures: Failure
to abide by any published University policy or procedure is prohibited.
5.24. Committing or attempting to commit an act of sexual assault as
defined by the University Sexual Assault Policy.
5.25. Computer Misuse: In addition to adhering to the University's
"Computer Network and Access Policy" (ACAF 7.01), misusing
University computing resources by intentionally making, receiving,
accessing, altering, using, providing or in any way tampering with
files, discs, programs, passwords, messages or other computer users
without their permission is prohibited. Using computer resources
to harass others or in ways that violate institutional computer use
policies is prohibited.
5.26. Harassment: Conduct that creates or attempts to create an
intimidating, hostile, or offensive environment for another person.
Such conduct includes, but is not limited to action(s) or statement(s)
that threaten harm or intimidate a person, or any other form of
unwanted contact.
6. SANCTIONS, INDIVIDUAL STUDENTS
6.1. The following disciplinary sanctions may be imposed upon students
found responsible for a violation of the Student Code of Conduct. All
sanctions may be imposed either singularly or in combination. The
purposes of imposing sanctions are twofold: one, to protect the
University community from behavior which is detrimental to the
community and/or the educational mission of the University; and
two, to assist students in identifying acceptable parameters and
consequences of future behavior. The sanction(s) imposed is(are)
intended to correspond with the severity or frequency of violations,
as well as the student's willingness to recommit himself or herself
to good citizenship through behaviors that fall within the Student
Code of Conduct of the University.
6.1.1. Expulsion: Dismissal from the University without the
ability to apply for re-admittance.
6.1.2. Suspension: Denial of enrollment, attendance, and other
privileges at the University for a specified period of time.
Permission to apply for re-admission upon termination of
the period may be granted with or without conditions/
restrictions. Students may be required to complete a period
of disciplinary probation upon their return to the University.
NOTE: Any student suspended or expelled for disciplinary
reasons must vacate the campus within the period of time
noted in the notice of suspension. The student may not
return to campus or University property during the term
of the suspension without prior written permission by the
Director of Judicial Affairs or designee.
6.1.3. Conduct Probation: A period of review and observation
during which a student is under an official warning that
subsequent violations of University rules, regulations, or
policies are likely to result in a more severe sanction
including suspension or expulsion from the University.
While on conduct probation, a student may be considered
to be "not in good standing" and may face specific
limitations on his or her behavior and/or University
privileges (see Conditions/Restrictions).
6.1.4. Conditions/Restrictions: Limitations upon a student's
behavior and/or University privileges for a period of time,
or an active obligation to complete a specified activity.
This sanction may include, but is not limited to: restricted
access to the campus or parts of campus, denial of the right
to represent the University in any way, denial of housing or
parking privileges, required attendance at a workshop, or
participation in public service.
6.1.5. Written Warning: An official reprimand that makes the
misconduct a matter of record in University files. Any
further misconduct could result in further disciplinary action.
6.1.6. Fines and Restitution: An order may be issued to make
restitution or to pay a fine when a student has engaged in
conduct including but not limited to: the damage or
destruction of property, the theft or misappropriation of
property, fraudulent behavior, or violations of the alcohol
and/or drug policies. Such property may belong to an
individual, group, or the University. Restitution may
be in the form of financial payment, community service,
or other special activities designated by the hearing
authority. Additional fines may be assessed as a punitive
measure.
6.1.7. Housing Sanctions: These sanctions include Written
Warning, Conditions, Restitution, Housing Probation, Relocation,
and Removal, as described in Housing policies.
7. SANCTIONS, STUDENT ORGANIZATIONS
7.1. The following disciplinary sanctions may be imposed upon student
organizations when they have been found responsible for violating
the Student Code of Conduct. All sanctions may be imposed either
individually or in combination. Disciplinary sanctions are imposed
for the purpose of holding student organizations and their membership
accountable for their actions and the actions of their guest(s),
whether on campus or at any organization sponsored function.
7.1.1. Permanent Revocation of Organizational Registration:
"Permanent revocation" of the organization's registration means
revocation without leave to apply for new registration. Any
organization whose registration is permanently revoked must cease all
organizational activities upon receipt of the notice of permanent
revocation. Any member of an organization whose registration
has been permanently revoked shall relinquish any appointed or
elected office held with that organization's governing body.
Balances of all organizational funds granted by the Student
Government Senate Finance Committee are to be surrendered
to the custody of the Senate Finance Committee. Office or
housing space assigned by the University shall be vacated
within five (5) work days (an organization under emergency
suspension may be required to vacate space more quickly) from
the date the notice of suspension is issued. Space vacated due
to suspension may be reassigned to other eligible University
organizations.
7.1.2. Suspension: Suspension means denial of rights and
privileges of a registered organization for a specified period of
time. Any organization whose registration is suspended or revoked
must cease all organizational activities upon receipt of the notice
of revocation or suspension. Any member of a suspended
organization may not hold an appointed or elected office with
that organization's governing body for the duration of the
organization's period of suspension. Balances of all organizational
funds granted by the Senate Finance Committee are to be
surrendered to the custody of the Senate Finance Committee.
Office or housing space assigned by the University shall be
vacated within five (5) work days (an organization under
emergency suspension may be required to vacate space more
quickly) from the date the notice of suspension is issued. Space
vacated due to suspension may be reassigned to other eligible
University organizations. Leave to reapply for registration as a
student organization may be granted with or without
qualifications. Office or housing space assigned prior to
suspension will not automatically be reassigned. The
organization may reapply for a space assignment, subject
to availability. Suspended organizations will automatically
be placed on probationary status for a minimum of one
academic year following their renewed registration.
7.1.3. Conduct Probation: A period of review and observation
during which a student organization is under an official warning that
their misconduct was very serious. Subsequent violations of
University rules, regulations, or policies could result in a
more severe sanction including suspension. During the
probationary period, a student organization is deemed
"not in good standing" with the University and may be
subject to one or any combination of the following
conditions and/or restrictions:
7.1.3.1. Denial of the right to represent the University;
7.1.3.2. Denial of the right to maintain an office or other
assigned space on University property;
7.1.3.3. Denial of the privileges of:
a. Receiving or retaining funding;
b. Participating in intramurals;
c. Sponsoring any social event;
d. Sponsoring any speaker or guest on campus;
e. Participating in any social event;
f. Co-sponsoring any social event or other
activity;
g. Rush or membership recruitment.
7.1.4. Conditions/Restrictions: Limitations upon a student
organization's privileges for a period of time or an active obligation
to complete a specified activity or activities. This sanction may
include, for example, denial of housing or social privileges, etc.
7.1.5. Written Warning: An official written reprimand making the
misconduct a matter of record in University files for a
specified period of time. Any further misconduct could result
in more severe disciplinary action.
7.1.6. Restitution/Fines: An organization may be ordered to make
restitutionor to pay a fine when the organization has engaged in
conduct including but not limited to: the damage or destruction
of property, the theft or misappropriation of property, fraudulent
or disruptive behavior, or violations of the alcohol and/or drug
policies. Such property may belong to an individual, group, or the
University. Restitution may be in the form of financial payment,
public service, or other special activities designated by the
hearing authority. Additional fines may be assessed as a punitive
measure.
8. DISCIPLINARY PROCEDURES, INDIVIDUAL VIOLATIONS
8.1. The following is a format of rights, responsibilities, and procedures
to be used in assuring fundamental fairness in disciplinary
proceedings involving one or more students or student organizations
accused of an infraction of the Student Code of Conduct.
8.2. Jurisdiction and Resolution of Complaints
8.2.1. University Housing- Incidents allegedly involving students
living in University Residence Halls (excepting Greek Residence Halls)
and/or which occur in University Residence Halls are resolved by
the Department of Housing and Judicial Programs and may be
referred to the Office of Student Judicial Programs. Such situations
include, but are not limited to situations involving drugs, sexual
assault, hazing or weapons charges. Specific procedures for
adjudicating these cases can be found under the "Housing"
section of this handbook.
8.2.2. Greek Life - Discipline cases involving individual members
of Greek letter organizations that take place within Greek housing are
resolved administratively by the Residence Hall Director or Greek Life
staff. Greek Life staff may refer cases to the Office of Student
Judicial Programs. Alternatively, or in addition, the case may be
referred to the chapter's peer conduct review board. The Office of
Greek Life is notified of outcomes of cases referred to a chapter and
reserves the right to take additional action if necessary. Members of
Greek organizations, as well as the organizations themselves, are
governed by requirements from multiple sources including those of the
national organization and local chapter, the Student Code of Conduct
and requirements of the Greek Life Office. As such, individual
members, as well as Greek organizations, can face disciplinary action
by multiple sources.
8.2.2.1. Discipline cases involving allegations of group
responsibility (see General Principles of Group Responsibility)
by a sorority recognized by the Sorority Council are referred to
the Sorority Council Conduct Board. This Board is comprised of
one representative from each organization recognized by the
Sorority Council, and is advised by a staff member in the
Office of Greek Life.
8.2.2.2. Discipline cases involving allegations of group
responsibility (see General Principles of Group Responsibility)
by a fraternity recognized by the Fraternity Council may be
heard by either an informal or formal conduct board hearing. In
an Informal Conduct Board hearing a chapter leader represents
the chapter in an informal mediation with the Fraternity Council
President, Fraternity Council Chief Justice, and a staff member
from the Office of Greek Life. During the mediation the
responsibility of the chapter is determined and appropriate
sanctions imposed. The Formal Fraternity Council Conduct Board
is comprised of six (6) justices from member organizations and
is advised by a Greek Life staff member. The board adjudicates
the case, determines responsibility of the chapter and imposes
appropriate sanctions.
8.2.2.3. The Greek Life Office may refer cases to the Office of
Student Judicial Programs if they involve allegations more
appropriately resolved by that office. In addition, the
(inter)national headquarters of chapters involved in incidents
may conduct proceedings, reach determinations, and impose
sanctions on Greek organizations under their own authority.
8.2.3. Office of Student Judicial Programs - The Office of
Student Judicial Programs resolves alleged violations by individual
students and student organizations excepting those cases noted under
Housing and Greek Life.
9. INVESTIGATION OF COMPLAINTS - Office of Student Judicial Programs
9.1. Upon receiving a complaint of misconduct, or upon his or her own
initiative, the Director of Judicial Affairs or designee may review
relevant evidence and consult with relevant parties regarding the
incident in question. If the evidence warrants disciplinary action,
the Office of Student Judicial Programs will send written notification
to the accused student or student organization representative
indicating the nature of the activity in question and what University
rules were allegedly violated.
10. OPTIONS FOR RESOLUTION OF DISCIPLINARY CHARGES - Office of Student Judicial Programs
10.1. The student or student organization representative is given the
opportunity to meet with the Director of Judicial Affairs or
designee to discuss the charges. If the student fails to meet
with the Director or designee, a hold may be placed on the
student's registration preventing him/her from registering for
future classes until the matter is resolved. Additionally, the
student may be charged with a violation of the "failure to comply"
provision of the student code of conduct (section 5.15). A
student organization may be restricted from any or all activities
until the representative meets with the Director or designee.
The Director or designee may make a determination and impose
a sanction by considering whatever evidence is available. At
the conclusion of this discussion regarding the charges, the
Director or designee may either drop the charges if they are
unsupported by evidence, or offer the following options to
resolve the charges:
10.1.1. Mediation - An agreement to participate in a
mediation process. This option is reserved for situations
where all of the immediate parties in the incident agree
to have a conflict resolved in this fashion, and the option
is considered appropriate by the Director or designee.
Failure to fulfill the terms of a mediation agreement
could lead to re-activation of the charges as well as
additional disciplinary action.
10.1.2. Informal Administrative Hearing - An informal
hearing with the Director or designee (The Director or
designee may decline to hear the case in this manner and
require one of the following two options). An informal
hearing allows the charged party (ies) to present evidence
for consideration and suggest witnesses that the Director
or designee may consider interviewing before a
decision is rendered. The Director or designee may
contact other parties who have knowledge/information
regarding the incident in question. The charged
student(s) /student organization representative waives
the right to question such parties or otherwise participate
in an evidentiary hearing. Informal hearings are not
required to be tape-recorded. Within three weeks of this
hearing, barring special circumstances requiring an
extension of this time limit, the Director or designee
will send the charged party(ies) a letter that indicates
the finding of "responsible" or "not responsible" for
the charges, and any sanctions imposed subsequent to
a finding of responsibility.
10.1.3. Formal Administrative Hearing - A formal hearing
with the Director or designee (The Director or designee may
decline to hear the case and require that a Carolina Student
Judicial Council Hearing be held). This option allows the
party(ies) charged to respond to the charges, present witnesses
and present questions for the witnesses to answer. Formal
hearings are tape-recorded. Within fifteen (15) work days
of this hearing, barring special circumstances requiring an
extension of this time limit, the Director or designee will
send the charged party(ies) a letter which indicates the
finding of "responsible" or "not responsible" for the charges,
and any sanctions imposed subsequent to a finding of responsibility.
10.1.4. Formal University Conduct Hearing - A formal hearing
before the Carolina Student Judicial Council. The Carolina Student
Judicial Council shall consist of at least five (5) members
selected by the Director of Judicial Affairs or designee from
a pool of student members appointed by the University
President or designee; faculty members appointed by the
Chairperson of the Faculty Senate or designee, and
administrative staff members appointed by the University
President or designee. Faculty members are appointed for
staggered two (2) year terms, staff members are appointed
annually, and student members are appointed annually.
University Conduct Hearings are tape-recorded.
NOTE: Should a student fail to appear for a Formal Administrative Hearing
or a Formal University Conduct Hearing, that student may be considered as
having waived his/her right to represent themselves in the hearing, and a
decision may be made in their absence.
11. Carolina Student Judicial Council
11.1. Selection, Composition and Dismissal
11.1.1. The Carolina Student Judicial Council ("Council")
shall consist of at least five (5) members, selected by the
Director of Judicial Affairs or designee from a pool of
student members selected and confirmed by the Student
Government, and volunteer faculty and staff members,
approved and selected by the Director of Judicial Affairs.
All members are appointed/selected/approved annually.
Should a quorum not be available for a hearing, the Director
of Judicial Affairs may appoint ad-hoc members to this
Council to hear the case. Decisions will be by majority
vote of the hearing panel. The Council will elect a
Chair prior to the hearing. With the voluntary consent
of the Director and the charged party(ies), the provisions
related to Council composition and quorum may be waived
in order to expedite the scheduling and completion of
hearing procedures. A majority vote of the hearing panel
is needed to reach a decision regarding a finding and, if
appropriate, a sanction.
11.1.2. Members have a right to disqualify themselves from
a case. If challenged by the person whose case is being heard,
a member may be disqualified for cause by the chairperson
of the panel. A chairperson may be disqualified for cause
by the Director of Judicial Affairs or designee serving as
an ex-officio member of the Council.
11.1.3. Members of the Carolina Student Judicial Council
who are charged with any violation of the Student Code of
Conduct or with a criminal offense may be temporarily suspended
from their position on the Council. Student members found
responsible for any such violations or offenses may be
permanently or temporarily removed from their position.
All removals shall be administered by the Director of
Judicial Affairs based upon sufficient evidence and cause
for action.
11.2. Rules Governing Formal Hearings
11.2.1. When a student/student organization representative
chooses an option of a formal administrative hearing, or a
formal hearing before the Carolina Student Judicial Council, or
when a case is referred to a council hearing, the Office of
Student Judicial Programs shall set a date and place for a
hearing and notify those charged, the Council and relevant
witnesses and participants as to the scheduling of the hearing.
11.2.2. Hearings shall be considered closed and confidential.
All statements, information, or comments given during hearings
shall be held in strictest confidence by Hearing Officers/Council
members, University staff, witnesses, advisors, and observers
before, during, and after deliberation in keeping with relevant law
and policy. Video, audio, stenographic, or photographic recording
of hearing proceedings are prohibited, except as authorized by
the Office of Student Judicial Programs.
11.2.3. If any material facts are in dispute, testimony of
witnesses and other evidence shall be heard.
11.2.4. A party charged with a violation is responsible for
presenting his/her own case. Advisors are not permitted to speak
or to participate directly in any hearing.
11.2.5. The Hearing Officer/Chair of the Council, with assistance of
the representative for the University, will exercise control over
the hearing to avoid needless consumption of time through
repetition of information and/or prevent the harassment or
intimidation of participants. Any member of the hearing
Council may require the Council to go into private session to
discuss and decide a matter by majority vote. The Chair can
recess the hearing at any time. The Hearing Officer/Chair of
the Council shall insure that all procedures are appropriately
followed.
11.2.6. The party(ies) charged with a violation(s) and the
Hearing Officer/Council members shall have the right, within
reasonable time limits set by the chair, to present questions
for witnesses who testify orally. The Hearing Officer/Council
or Director, subject to provisions in the Student Code of Conduct,
may require that questions by the charged party(ies) be addressed
to the Hearing Officer/Chair who can ask these questions of the
witnesses.
11.2.7. All hearings shall be conducted in an informal manner
and technical rules of evidence will not be applied. Witnesses
(except for the charged party or parties) shall be present
during a hearing only during the time they are testifying.
11.2.8. The Council, or Hearing Officer, may proceed
independently to secure evidence for the hearing. The charged
party(ies) shall have access to any evidence at least three (3)
days before the hearing, unless exigent circumstances preclude
this possibility. The charged party(ies) shall have reasonable
time to respond to it.
11.2.9. A staff member from the Office of Student Judicial Programs
serves as an ex-officio member of the Council, and may assist
in administering the hearing by answering questions regarding
procedural issues. This representative may also facilitate the
deliberation process, as well as aid in maintaining order at the
hearing. The Office of Student Judicial Programs may authorize
University agents to be present to advise the Council.
11.2.10. If the charged student/student organization representative
chooses not to attend the formal hearing, the Hearing
Officer/Council may proceed with the hearing and reach
decisions and impose sanctions without the student's/
representative's participation.
11.2.11. A tape recording of the hearing shall be kept by the Office
of Student Judicial programs until any appeal or any external
judicial review has been concluded, or ninety (90) days from the
date of the hearing, whichever is longer. No typed record shall
be required. The charged party(ies) and advisor shall have the
right, upon request, to listen to the recording in the presence of
a staff member from the Office of Student Judicial Programs.
11.2.12. The charged student or student organization representative
may request a duplicate copy of the recording at his/her/its own
expense within a period of ninety (90) days from the date of the
hearing.
11.3. Deliberation and Decisions of the Council
11.3.1. After hearing the evidence, the Hearing Officer/Council may
choose to continue the hearing at a later date if additional evidence
or witnesses are needed.
11.3.2. After all information has been presented and the charged
party has made a final statement, the hearing Council shall meet in
private to discuss the case, reach its decision, and if appropriate,
determine a sanction. Decisions of the Council must be by majority
vote. If the student(s) is(are) found responsible of violating the
Student Code of Conduct, the Hearing Officer/Council may hear any
information concerning any past disciplinary record(s) of the
student(s) or student organization(s) in determining an appropriate
sanction(s).
11.3.3. The Director of Judicial Affairs, or designee, shall be
responsible for forwarding the written decision of the hearing
authority to the charged party(ies). The letter from the hearing
authority shall consist of:
a. findings of the hearing authority and the rationale for the
findings;
b. sanction(s); and
c. statement regarding the right to appeal and the appeal
procedures.
12. APPEALS - Office of Student Judicial Programs
12.1. Decisions of the Director of Judicial Affairs or designee, or from
a University Conduct Hearing, may be appealed by a student/student
organization found responsible for a violation to the Vice President
for Student and Alumni Services. The reasons for an appeal are
limited to the following:
12.1.1. The original Hearing Officer/Council committed a procedural
error in hearing the case which significantly prejudiced the
findings of the Hearing Officer/Council; and/or,
12.1.2. New evidence, which could not have been available at the
time of the hearing, and which is material to the outcome of
the case, is available.
12.2. An appeal to the Vice President for Student and Alumni Services must
be made in writing within five (5) University business days of receipt
of the original written decision to the Office of Student Judicial
Programs who will submit it to the Office of the Vice President for
Student and Alumni Services. A decision is assumed to be received
three (3) University business days from the date of mailing. On
appeal the Vice President or designee shall review the appeal.
After review, the Vice President or designee may either:
(a) affirm the finding(s) of the original hearing authority, in
which case the decision is final; or
(b) remand the case to the original hearing authority, in which case
the decision is final; or may remand the case to the original
hearing authority for further proceedings with directives to
attend to procedural errors or new evidence.
In extraordinary circumstances, the Vice President or designee may
direct a new hearing with a Hearing Officer/Council. All deadlines
expressed in any section are subject to change if exigent circumstances
exist.
12.3. The Vice President or designee shall send written notification
of the decision regarding the appeal to the appealing party within
fifteen (15) University business days of receiving the appeal barring
special circumstances requiring an extension of this time limit. A
copy of the decision will be sent to the original Hearing
Officer/Council.
12.4. The decision of the Vice President in all appellate matters is the
final decision for the University.
13. GENERAL PROVISIONS
13.1. The following provisions apply to participants in all hearing
processes conducted by the University or conducted by the
University's delegated authority.
13.2. Rights of Those Charged With Violations of the Code of Conduct
13.2.1. Those individuals and groups charged with violations have
the following rights that are protected throughout the hearing
process.
13.2.1.1. The right to be notified in writing of their
rights in the disciplinary process.
13.2.1.2. The right to be notified in writing of the
charges against him/her/them with sufficient
time to prepare for a hearing.
In the event that additional charges are brought, a further
written notice must be forwarded to the student(s) or
student organization(s). The charged student(s) or student
organization(s) may waive the right to separate written
notice of additional charges in order to expedite the hearing
process.
13.2.1.3. The right to be notified of the date, time, and
place of formal hearings at least three (3)
University business days prior to the hearing.
13.2.1.4. The right to know the nature and source of the
evidence used in a hearing process. This includes
the right to review all documents and exhibits to be
introduced at a hearing as well as a list of
witnesses asked to testify at the hearing, upon the
student's request.
13.2.1.5. The right to present evidence on one's own behalf.
13.2.1.6. The right to elect not to appear at the hearing, in
which case the hearing shall be conducted in the
absence of the charged party(ies).
13.2.1.7. The right to refuse to answer any questions or make
a statement. However, the hearing authority may
draw inferences from this refusal.
13.2.1.8. The right to present questions for the witnesses to
answer. The Hearing Officer/Council may rule on
relevance of these questions.
13.2.1.9. The right to be accompanied by an advisor throughout
the hearing process. The advisor, with the written
permission of the charged student(s) or student
organization(s), may:
a. Advise the accused regarding preparation
for the hearing;
b. Accompany the accused to all
disciplinary proceedings;
c. Have access to evidence to be
introduced at the hearing.
NOTE: Advisors are not permitted to participate directly in the hearing
process, or to speak for the charged student(s) or student organization(s).
13.3. Rights of Victims of Violent Crime Including Sexual Assault
13.3.1. Alleged victims of sexual assault and other violent crime
as defined by federal statute, are afforded the following
rights pursuant to the signing of a confidentiality agreement:
13.3.1.1. The right to be notified in writing of their rights
in the disciplinary process.
13.3.1.2. The right to have an advisor of their choosing
accompany them throughout their participation
in the disciplinary process. The advisor, with
the written permission of the alleged victim, may:
a. Advise the alleged victim regarding
preparation for the hearing;
b. Accompany the alleged victim to all
disciplinary proceedings;
c. Have access to evidence to be introduced at
the hearing.
13.3.1.3. The right to submit a victim impact statement
to the Hearing Officer or Council for consideration.
13.3.1.4. The right to have past irrelevant behavior excluded
from the determination process.
13.3.1.5. The right to accommodations in giving testimony
consistent with providing a safe atmosphere, and
consistent with the rights of the accused.
13.3.1.6. The right to be notified in writing of the final
determination and any sanction imposed as result
of the disciplinary process.
13.4. Additional Rights of Victims of Sexual Assault
13.4.1. Alleged victims of sexual assault are afforded these
additional rights, pursuant to the signing of a
confidentiality agreement:
13.4.1.1. The right to receive a copy of the formal
charges sent to the alleged assailant;
13.4.1.2. The right to be notified of the date, time,
and place of formal hearings at least three
(3) University business days prior to the hearing;
13.4.1.3. The right to have the hearing authority
consider providing alcohol or other drugs
in the commission of a sexual assault as
an aggravating factor when sanctioning
the perpetrator.
NOTE: For further information regarding accommodations and
rights consult the Campus Sexual Assault Policy, Victim's
Bill of Rights.
13.5. The University reserves the right to withhold the diploma and/or
degree certification of students who have been charged with a
violation of University policy even though they may have
completed all academic requirements. In circumstances where
dismissal is a possibility for disciplinary infractions, the diploma
and/or degree certification may be withheld until the disciplinary
charges have been resolved and/or sanctions completed.
13.6. When a case involves Code of Conduct charges against more than
one party, the hearing authority shall have the option of choosing
the hearing option for all parties and holding one hearing to resolve
charges against all parties. Any accused student/student organization
will have the right to have separate time during the hearing to
discuss their particular case with the Hearing Officer/Council without
the other parties being present.
13.7. If a party(ies) charged with a violation of the Code of Conduct,
regardless of which hearing authority may hear the matter, wishes to
have the hearing postponed because there is pending or possible
civil or criminal litigation which he/she feels might be prejudiced
by the findings of a disciplinary process, such postponement may
be granted by the Director of Judicial Affairs or designee, provided
that the student agrees to accept conduct probation or suspension
in the interim, which may include being banned from parts of or
the entire campus and/or other conditions/restrictions. The student
shall be informed of what the interim action will be prior to his or
her decision to postpone a hearing. The University also has the right
to choose to postpone a hearing pending the outcome of a criminal
or civil process.
13.8. Any person charged with a violation of University rules shall have,
when needed, the aid of the University in the reasonable attainment
of the information necessary to answer the charges, or requesting
the attendance of witnesses at the hearing. When a witness is unable
to attend a scheduled hearing, the Office of Student Judicial Programs
may, if it does not conflict with due process requirements, authorize
the witness to make a signed statement that may be introduced at the
hearing.
13.9. Sanctions imposed by any of the hearing authorities noted (not
including Emergency Action) shall not be implemented until the
internal University appeal process or time period for an appeal has
been exhausted.
13.10. The charged party(ies) is/are responsible for presenting his/her
own case; advisors are therefore not permitted to speak to the
hearing authority or participate directly in any hearing.
13.11. The standard of proof utilized in all hearings and appeals to
resolve Code of Conduct charges shall be that of "preponderance
of evidence".
13.12. Deviations from prescribed procedures will not necessarily
invalidate a decision or proceeding unless significant prejudice
to the charged student or student organization is shown to have
resulted.
13.13. Unless otherwise stated, extended in writing, or in exigent
circumstances, the time limit for a decision-maker to issue
a decision is twenty (20) University business days from the
date of the first meeting with the charged student. For good
cause, a decision-maker may extend time limits for decisions.
Good cause shall include, but not be limited to, the fact that
a deadline falls during finals week or during a period such
as vacations, finals week, holidays, intersessions, summer
sessions, or if decision-makers are absent from the University.
13.14. The decision of the Vice President for Student and Alumni
Services in all appellate matters is the final decision for the
University. However, the President has the discretionary
authority to review decisions at the Vice President level or
below, and the Board of Trustees has the discretionary authority
to review decisions of the President. Such review of disciplinary
decisions will take place only in extraordinary cases, such as
where serious procedural issues seem to have occurred or where
the decision appears to be in direct violation of University policy.
Requests for such review normally will be considered only after
the prescribed avenues of appeal have been completed. Requests
shall be made by written statement that includes the facts of the
case, the type of hearing and appeal and the reasons justifying
extraordinary review. Such requests must be filed in the Office
of the President within five (5) University business days of the
receipt of the appeal decision. If review is granted, the reviewing
authority will determine appropriate procedures. New evidence
will not normally be considered.
14. EMERGENCY ACTION
14.1. The University may impose emergency action upon a student or
student organization when there is reason to believe, based upon
available evidence, that the student/student organization poses
an immediate threat to the safety, health or welfare of persons,
property or the orderly operation of the University. This action
is warranted by potential or threatened danger or disruption, and
indicated only when the serious nature or immediacy of the threat
requires immediate action. The action is interim in nature,
pending the outcome of disciplinary procedures. Emergency action
authorized by this policy includes:
14.1.1. Emergency Suspension, Individual Student(s) - This
action requires a student to leave University property
immediately, and not return during the suspension period,
and/or comply with other stated conditions for a specified
period. Emergency suspension may be used to temporarily
suspend a student's eligibility for enrollment or
attendance, as well as for denial of the student's access
to University facilities or property. The Office of
Student Judicial Programs may impose emergency suspension.
14.1.2 Emergency Limitation of Privileges, Individual Student -
This action may place a limitation on a student's
eligibility to enjoy certain privileges, or participate in
or attend certain events (or certain kinds of events)
without the suspension of enrollment status. This action
may prohibit a student's presence on University property
or certain facilities, or impose conditions that must be
met in order for that student to enjoy certain privileges,
participate in activities, or attend events. The Office of
Student Judicial Programs may impose this action.
14.1.3. Emergency Housing Relocation/Removal, Individual
Student - This action may be imposed upon a student
by the Department of Housing and Judicial Programs
as outlined in the Housing policy section of this
handbook.
14.1.4. Emergency Suspension and/or Restriction, Student
Organization - This action may suspend or restrict a
student organization for an interim period of time pending
the outcome of disciplinary proceedings when there is
reasonable cause to believe that the continued activities
of the organization and its members may pose an
immediate threat to the safety, health or welfare of
persons, property or the orderly operation of the
University. During the time of suspension the
organization may be required to cease all organizational
activities and vacate any assigned University space
immediately upon written notice. This action may be
imposed by the Office of Student Judicial Programs for all
student organizations, or the Office of Student Life, for
Greek organizations.
14.2. When emergency action is taken against a student or student
organization the student or student organization representative
is given notice explaining the nature, reason for, and duration
of the action, as well as any conditions that may apply. A
student notified of such action shall, upon written request, be
given an opportunity to meet with the University authority
taking the action within five (5) business days from the date
of the request. This meeting shall be held to consider only the
following issues related to the emergency action:
a. The reliability of information alleging misconduct; and
b. Whether the conduct or surrounding circumstances
reasonably indicate the student's presence on campus
or continued unrestricted participation in campus
affairs or the organization's unrestricted activities
would pose an immediate threat to the safety, health,
or welfare of persons or property and/or interfere
with the orderly operation of the University. It is
not the purpose of the meeting to hear evidence
concerning guilt or innocence related to pending
or possible charges against the student.
14.3. Any student who is suspended on an emergency basis and returns
to the campus or University property and/or violates other stated
conditions during the specified period shall be subject to further
separate action and may be treated as a trespasser. Permission
to be on campus for a specific purpose must be requested and
obtained in writing or by telephone from the Office of Student
Judicial Programs or designee prior to any conduct contrary to
the suspension or restrictions.
14.4. Following the imposition of emergency action, standard
University disciplinary procedures shall be provided as
expeditiously as possible.
15. RETENTION OF STUDENT DISCIPLINE RECORDS - Office of Student Judicial Programs
15.1. Type of Records - Records subject to this policy include,
but are not restricted to the following:
15.1.1. Student Academic Responsibility Committee
reports and decision statements which have
been forwarded to the Office of Student Judicial
Programs for retention;
15.1.2. Department of Housing information and documentation
which have been forwarded to the Office of Student Judicial
Programs for retention or action;
15.1.3. Department of Student Life information and documentation
which have been forwarded to the Office of Student Judicial
Programs for information or action;
15.1.4. USC Police Student Conduct Referral forms and Policy
Violation Report Forms; and
15.1.5. Records of disciplinary proceedings.
15.2. The student records of cases which have been resolved with a sanction
less than suspension or expulsion will be maintained in the Office of
Student Judicial Programs for a period of 7 years from the date of the
last offense. Students graduating before that time may petition the
Office of Student Judicial Programs in writing to request that their
records be destroyed upon graduation. Records may be retained by
the University beyond the normal 7 year period in special
circumstances, including, but not limited to, situations when
off-campus legal action is taken by any party(ies) involved.
15.3. When a date for purging records has been reached, records in all
formats, are to be destroyed. (NOTE: Statistical database may
be retained but all information that would identify an individual
will be removed.)
15.4. Records where the discipline sanction was suspension or expulsion
will be maintained for a period of at least ten (10) years from the
date of the last incident.
15.5. All record formats used for Student Academic Responsibility
Committee records will be disposed of in accordance with the
current Policy on Academic Responsibility.
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